Monica Tabengwa is a lawyer and researcher from Botswana who works for Pan-Africa ILGA [1] and Human Rights Watch (HRW). She is a specialist on LGBT issues in sub-Saharan Africa. [2] [3] [4] [5] [6] [7] [8] [ excessive citations ] Tabengwa has written on violence and discrimination faced by LGBT people in sub-Saharan Africa. [9] [10]
Tabengwa is a member of the drafting committee and a signatory of the Yogyakarta Principles plus 10. [11]
Contributing to the establishment of human rights system in Africa are the United Nations, international law and the African Union which have positively influenced the betterment the human rights situation in the continent. However, extensive human rights abuses still occur in many sections of the continent. Most of the violations can be attributed to political instability, racial discrimination, corruption, post-colonialism, economic scarcity, ignorance, illness, religious bigotry, debt and bad financial management, monopoly of power, lack/absence of judicial and press autonomy, and border conflicts. Many of the provisions contained in regional, national, continental, and global agreements remained unaccomplished.
Lesbian, gay, bisexual, and transgender (LGBT) people in Kenya face significant challenges not experienced by non-LGBTQ residents. Sodomy is a felony per Section 162 of the Kenyan Penal Code, punishable by 21 years' imprisonment, and any sexual practices are a felony under section 165 of the same statute, punishable by five years' imprisonment. On 24 May 2019, the High Court of Kenya refused an order to declare sections 162 and 165 unconstitutional. The state does not recognise any relationships between persons of the same sex; same-sex marriage is banned under the Kenyan Constitution since 2010. There are no explicit protections against discrimination on the basis of sexual orientation and gender identity. Adoption is restricted to heterosexual couples only.
OutRight International (OutRight) is an LGBTIQ human rights non-governmental organization that addresses human rights violations and abuses against lesbian, gay, bisexual, transgender and intersex people. OutRight International documents human rights discrimination and abuses based on their sexual orientation, gender identity, gender expression and sex characteristics in partnership with activists, advocates, media, NGOs and allies on a local, regional, national and international level. OutRight International holds consultative status with ECOSOC.
Lesbian, gay, bisexual, and transgender (LGBT) people in Cape Verde are afforded some legal protections, and Cape Verde is considered a gay tolerant country. Homosexual activity has been legal in Cape Verde since 2004. Additionally, since 2008, employment discrimination on the basis of sexual orientation has been banned, making Cape Verde one of the few African countries to have such protections for LGBTQ people.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Botswana face legal issues not experienced by non-LGBTQ citizens. Both female and male same-sex sexual acts have been legal in Botswana since 11 June 2019 after a unanimous ruling by the High Court of Botswana. Despite an appeal by the government, the ruling was upheld by the Botswana Court of Appeal on 29 November 2021.
In law, sex characteristic refers to an attribute defined for the purposes of protecting individuals from discrimination due to their sexual features. The attribute of sex characteristics was first defined in national law in Malta in 2015. The legal term has since been adopted by United Nations, European, and Asia-Pacific institutions, and in a 2017 update to the Yogyakarta Principles on the application of international human rights law in relation to sexual orientation, gender identity, gender expression and sex characteristics.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Eswatini have limited legal rights. According to Rock of Hope, a Swati LGBTQ advocacy group, "there is no legislation recognising LGBTIs or protecting the right to a non-heterosexual orientation and gender identity and as a result [LGBTQ people] cannot be open about their orientation or gender identity for fear of rejection and discrimination." Homosexuality is illegal in Eswatini, though this law is in practice unenforced. According to the 2021 Human Rights Practices Report from the US Department of State, "there has never been an arrest or prosecution for consensual same-sex conduct."
Lesbian, gay, bisexual, and transgender (LGBT) rights in Africa are generally poor in comparison to the Americas, Western Europe, and Oceania.
Discussions of LGBTQI+ rights at the United Nations have included resolutions and joint statements in the United Nations General Assembly and the United Nations Human Rights Council (UNHRC), attention to the expert-led human rights mechanisms, as well as by the UN Agencies.
The Blue Diamond Society is an LGBT rights organization in Nepal. It was established in 2001 to advocate for change in the existing laws against homosexuality and to advocate for the rights of Nepal's marginalized gay, transgender, and other sexual minority communities. The Blue Diamond Society also aims to educate Nepalese society on proper sexual health, to advocate with local governments for queer minorities, to encourage the artful expression of LGBTQ+ youth, and to document violence against Nepalese queers. Another of its contributions to Nepal's LGBTQ+ communities is to provide care, counseling, and services to victims of HIV/AIDS. The BDS has also recorded various abuses against the community ranging from physical and verbal abuse and discrimination inflicted in workplaces and healthcare facilities.
Corrective rape, also called curative rape or homophobic rape, is a hate crime in which somebody is raped because of their perceived sexual orientation. The common intended consequence of the rape, as claimed by the perpetrator, is to turn the person heterosexual.
The Yogyakarta Principles is a document about human rights in the areas of sexual orientation and gender identity that was published as the outcome of an international meeting of human rights groups in Yogyakarta, Indonesia, in November 2006. The principles were supplemented and expanded in 2017 to include new grounds of gender expression and sex characteristics and a number of new principles. However, the Principles have never been accepted by the United Nations (UN) and the attempt to make gender identity and sexual orientation new categories of non-discrimination has been repeatedly rejected by the General Assembly, the UN Human Rights Council and other UN bodies.
The majority of the countries of the Commonwealth of Nations, formerly known as the British Commonwealth, still criminalise sexual acts between consenting adults of the same sex and other forms of sexual orientation, gender identity and expression. Homosexual activity remains a criminal offence in 29 of the 56 sovereign states of the Commonwealth; and legal in only 26.
The right to sexuality incorporates the right to express one's sexuality and to be free from discrimination on the grounds of sexual orientation. Although it is equally applicable to heterosexuality, it also encompasses human rights of people of diverse sexual orientations, including lesbian, gay, asexual and bisexual people, and the protection of those rights. The inalienable nature of rights belonging to every person by virtue of being human.
LGBT migration is the movement of lesbian, gay, bisexual and transgender (LGBT) people around the world or within one country. LGBT individuals choose to migrate so as to escape discrimination, bad treatment and negative attitudes due to their sexuality, including homophobia and transphobia. These people are inclined to be marginalized and face socio-economic challenges in their home countries. Globally and domestically, many LGBT people attempt to leave discriminatory regions in search of more tolerant ones.
Mauro Cabral Grinspan, also known as Mauro Cabral, is an Argentinian intersex and trans activist, who serves as the Senior Officer for Gender Justice and Equity at the Global Philanthropy Project. Before that, he was the Executive Director of GATE. His work - as a signatory of the Yogyakarta Principles - focuses on the reform of medical protocols and law reform. In July 2015, Cabral received the inaugural Bob Hepple Equality Award.
Morgan Carpenter is a bioethicist, intersex activist and researcher. In 2013, he created an intersex flag, and became president of Intersex Human Rights Australia. He is now executive director. Following enactment of legislative protections for people with innate variations of sex characteristics in the Australian Capital Territory, Carpenter is a member of the Variations in Sex Characteristics Restricted Medical Treatment Assessment Board.
The following outline offers an overview and guide to LGBTQ topics:
The Lesbians, Gays & Bisexuals of Botswana (LEGABIBO) is a Botswana human rights advocacy group with the primary objective of seeking legal and social rights for the LGBT community in Botswana. It is the first LGBT focused organization to be registered in Botswana after years of official opposition. The organization aims to reduce discrimination of LGBT individuals and advocate the recognition of same sex couples for the purpose of adoption, accessing social benefits and same-sex marriage.
Victor Madrigal-Borloz is a Costa Rican lawyer. Between 2018 and 2023, he served as the United Nations Independent Experton protection against violence and discrimination based on sexual orientation and gender identity . During his tenure at the U.N., Madrigal-Borloz has been noted for focusing his Human Rights Council mandate on investigating a broad and intersectional range of issues facing LGBT communities around the world, including conversion therapy, criminalization, socio-cultural exclusion, anti-trans rhetoric, and the outsized impact of the COVID-19 pandemic on vulnerable LGBT and gender-diverse populations.