Lesbian, gay, bisexual, transgender and intersex (LGBTI) persons continue to face a hostile environment, with discriminatory legislation and ongoing human rights violations creating an atmosphere of fear and oppression, says Amnesty International.
In a statement today, the rights group says the refusal to repeal harmful homophobic legislation in Malawi has left LGBTI persons vulnerable to harassment and discrimination on a daily basis.
Malawi is one of 12 African countries where Amnesty documented how legal systems were increasingly weaponized during 2023 to systematically target and discriminate against LGBTI individuals.
This includes instances where laws were egregiously employed to persecute and marginalize members of the LGBTI community, highlighting a distressing trend of legal mechanisms being used as instruments of oppression.
“Across Africa, LGBTI persons find themselves contending with a disturbing regression of progress, facing relentless protests against their identities, and confronting formidable obstacles to their legal and social rights,” said Tigere Chagutah, Amnesty International’s Regional Director for East and Southern Africa.
“Arbitrary arrests and detentions have become all too common, treating the mere act of being oneself as a criminal offense. In some places, the death penalty looms as a terrifying spectre, a brutally unjust punishment for simply being who they are. We face what can only be described as a deepening crisis of homophobic lawfare.”
In Africa, 31 countries still criminalize consensual same-sex sexual activity, despite the clear contradiction with established African Union and international human rights standards.
According to Amnesty, there has been a trend indicating a stiffening of existing laws in some African nations. In Uganda, for instance, where consensual same-sex activity was already illegal, the situation has worsened with passage of the draconian Anti-Homosexuality Act in 2023.
In Zambia, there has been a noticeable and concerning increase in homophobic sentiment. Amnesty says this surge appears to be propelled by an interplay of factors, including existing laws, cultural norms, and political events that have contributed to a challenging environment for the LGBTI community.
In Kenya, a Member of Parliament has proposed the 2023 Family Protection Bill. This draft legislation includes measures that could limit fundamental rights, such as assembly, privacy, and access to sexual and reproductive health information and services. The Bill aims to prohibit consensual same-sex sexual conduct, same-sex marriage, and activities related to them, which would have significant implications for human rights.
Amnesty fears that an ominous wave of similarly worded legislation is on the brink of assent across the continent.
The organisation has called on African states and governments to publicly acknowledge and protect the human rights of all people equally without discrimination. According to Amnesty, countries must also repeal or refrain from efforts to criminalize consensual same-sex conduct, as such legislation cannot comply with international or regional human rights standards and basic principles of human dignity and equality.
Samira Daoud, Amnesty International’s Regional Director for West and Central Africa said it is crucial to acknowledge that these challenges faced by LGBTI people in Africa extend beyond the realm of legality, encompassing a profound struggle for the hearts and minds of societies.
“However, the abuse of law has undoubtedly heightened their vulnerability and underlines the urgent necessity for coordinated regional and international intervention,” said Daoud.
