LGBTQI+ Rights
Although fewer Southern African countries are criminalising same-sex activity between consenting adults, LGBTQI+ people still face many challenges in their struggle for equality.
Background
From its foundation ACTSA has recognised that marginalised and oppressed groups are most likely to experience violations of civil, political, economic, social and cultural rights. Lesbian, gay, bisexual, transgender, and other sexual and gender minorities (LGBT+) people face various forms of discrimination, violence and exclusion across Southern Africa.
The legal setting
South Africa is the only country in the region to fully recognise people’s sexual orientation and gender identity (SOGI) rights. However, some other countries have experienced progress. In recent years, for example, homosexuality has been decriminalised in Angola, Mozambique and the Seychelles.
Yet same sex relations remain prohibited in several countries. In Botswana, the government has decided to appeal the High Court’s June 2019 ruling that decriminalised homosexuality. Moreover, the legal situation in some countries, such as Lesotho and Namibia, is unclear.
What are the other issues facing LGBT+ communities?
Even in the countries where LGBT+ people have legal rights, this has not necessarily led to equal treatment, or prevented discrimination. There are a number of prominent vocal critics of LGBT+ rights in the region whose hateful rhetoric contributes towards the refusal to recognise LGBT+ people. This can lead to social and economic exclusion. It can also encourage homophobic, biphobic and transphobic violence, which often goes unreported for fear of a backlash. As a result, many LGBT+ organisations are forced to operate underground.
Where does ACTSA stand?
ACTSA has undertaken a mapping of LGBTQI+ rights organisations in Southern Africa, which is available as a downloadable resource, and we continue to seek out relationships with local organisations. We urge the UK government to introduce measures that will encourage better international policy and legislation with regards to LGBTQI+ rights.
There are a number of organisations across Southern Africa that deliver impactful work in securing rights, equality and freedom from persecution for LGBTQI+ people and communities. They work in often hostile environments, and face stigma, rejection and violence for their work. Some organisations are unable to speak publicly about the services they offer.
The UK and other governments, as well as multilateral institutions, must develop targets for including LGBTQI+ people in their international development and foreign policy activities. Without ambitious yet realistic targets that are clear and time-bound, it will be incredibly difficult for civil society to hold governments and multilateral institutions to account.
Moreover, we urge the UK and other governments, as well as multilateral institutions, to support South-South cooperation amongst civil society organisations working on LGBTQI+ rights. South-South cooperation enables knowledge, skills and experience to be shared among countries that share similar historical realities and similar challenges.
ACTSA is an active member of the UK Alliance for Global Equality (UKAGE), a UK network of civil society organisations dedicated to defending and promoting LGBTQI+ rights around the world.
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