Who’s to say who’s allowed to love who? In Africa, there’s a strong trend of laws that specifically discriminate against the LGBTQ+ community. However, in several countries, namely Kenya, there are starting to be rulings to decide whether or not to dismantle these old laws. In Africa, many countries have strict laws regarding the LGBTQ+ community. Many of these laws are from the colonial era, when European countries took most of Africa as colonies. The typical British law against homosexuality imposed a criminal charge and up to 14 years in prison. These laws still apply today in many African countries. In some of them, there is even the death penalty for ‘homosexuality.’ However, the status of the LGBTQ+ community in Kenya marks quite a significant time for not only Kenya, but the rest of Africa. The ruling on the colonial era law prohibiting “carnal knowledge against the order of nature” could spark changes across the continent as more and more countries begin to rule on the topic. This could either be a significant step forwards or backwards in human rights for Africa, depending on how the case is ruled.
In Kenya, the ruling to decide whether or not homosexuality and several other orientations would be legalized in the country, planned to be decided in February, was postponed to May 24th (Ratner). The court decided that there was too much evidence to be considered to rule that early. However, considering recently that forced anal testing was ruled to be inherently unconstitutional (Nelson), activists have hope for the ruling. Linking directly to the court case, LGBTQ+ activists have become more confident and active in their protests for rights, hoping to gain the most support they can before the court rules on the penal code.
In Nairobi and several other places across Kenya and the whole of Africa, LGBTQ+ activists have become even more outward with their cause. For example, in Uganda, there have been more and more significant pride parades even as laws became stricter and harsher, such as the one in 2015 where participants wore masks to hide their identities (Nelson). In Nairobi, a group of street artists have been silently supporting the LGBTQ+, though they received backlash for it (Mwai).
Overall, the future of LGBTQ+ rights in Africa could hinge upon the ruling coming up on May 24th. It has the potential to set off a chain reaction in other countries, rapidly changing the status of gay rights for better or for worse. The rest of Africa and the world watches as this trial begins to come to conclusion, possibly making one of the biggest human rights decisions in African history.
Works Cited:
Ndiso, John, and Baz Ratner. “Kenya High Court Delays Ruling on Law Banning Gay Sex to May 24 -Judge.” Reuters, Thomson Reuters, 22 Feb. 2019, af.reuters.com/article/topNews/idAFKCN1QB0P7-OZATP.
Mwai, Peter. “LGBT Rights in Africa.” BBC News, BBC, 7AD, www.bbc.com/news/topics/c8nq32jwjp0t/lgbt-rights-in-africa.
Nelson, Katie G. “Gay Rights Ruling in Kenya Could Reverberate through Africa.” Public Radio International, Public Radio International, 17 Apr. 2018, 12:30, www.pri.org/stories/2018-04-17/gay-rights-ruling-kenya-could-reverberate-through-africa.
It's really inspiring to hear about how people are willing to speak out for their rights even if they could be severely punished for it. Simultaneously, it's rather disheartening to hear that laws have actually been getting harsher in some places. A followup question of mine would be: How dangerous is it to participate in the pride marches? Do people get arrested or assaulted while doing it, or is it more protected than that?
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