Strategic Litigation And The Struggles Of Lesbian Gay And Bisexual Persons In Africa

There has been a rise in the use of strategic litigation related to seeking equality for lesbian gay and bisexual (LGB) persons. Such developments are taking place against the backdrop of active homophobia in Africa. The law and the general public should argues the author treat LGB persons in the same way that heterosexuals are treated. In the past two decades30 strategic cases have been fi led by LGB activists in the Common Law African countries namely in Botswana Kenya Nigeria South Africa and Uganda. While the majority of the cases have been successful they have not resulted in significant social change in any of the countries. On the contrary there have been active backlashes counter-mobilisations and violence against LGB persons as well as the further criminalisation of same-sex relations and constitutional prohibitions on same-sex marriages in some of the jurisdictions. The author argues that activists in Common Law Africa have to design LGB strategic litigation in such a way as to fi t within the actual social and political conditions in their countries if strategic litigation is to spur social change.