Paper short abstract:

This paper contributes to rethinking international LGBTQ+ politics in Africa. It analyses the relationship between research on different colonial histories involving European imperial-nations, and on current transnational non-governmental and governmental politics, in different African contexts.

Paper long abstract:

This paper contributes to rethinking international dimensions of LGBTQ+ politics in Africa. The discussion will focus on the relationship between (1) increasing research on the different colonial histories of European imperial-nations as they related to sexualities and genders, and (2) increasing research on contemporary transnational non-governmental and governmental politics related to LGBTQ+ politics, practiced from different states that have been associated with Eurocentrism. The paper will draw from reflections on existing literatures including the author's previous works, and will also draw on research from the forthcoming book Colonialisms and Queer Politics: Sexualities, Genders and Unsettling Colonialities (co-edited by Sonia Corrêa, Gustavo Gomes da Costa Santos and Matthew Waites; to be published by Oxford University Press) in which authors analyse multiple empires associated with Eurocentrism, while also seeking to examine contemporary colonialities and legacies of relevance for sexuality and gender politics. Global historical sociology engaged with decolonial approaches can help inform understanding of the different social contexts in which transboundary engagements are taking place. How should an appreciation of different colonial histories - for example British, French, Portuguese - inform contemporary LGBTQ+ politics practiced in specific societal or transnational contexts, and inform research on such contemporary political activity?

Paper short abstract:

Can we attribute African court activity on LGBTQ+ rights to international actors? I show that international factors weigh heavily on many aspects of the litigation process. This suggests that domestic LGBTQ+ activists in Africa rely on international factors to access their court systems.

Paper long abstract:

Can we attribute African court activity on LGBTQ+ rights to international actors? Judicially, Botswana decriminalized homosexuality and Namibia granted citizenship through descent to the child of a gay couple. These advances illustrate wins for the LGBTQ+ community. It is important to note that courts do not always produce such advances, yet can result in outcomes that bolster LGBTQ+ rights movements (NeJaime 2011; Demone 2016). This fact illustrates the importance of courts to LGBTQ+ movements in Africa, even in contexts where the political environment toward LGTBQ+ rights is hostile. It is unclear, however, the role that international actors play in these important litigation strategies. Many aspects of cases, including plaintiffs, funds, lawyers and NGOs come from outside an individual country’s borders. Amid pervasive narratives that the international community has an outsized influence on Africa’s gay rights movement, it is important to understand how much international factors are driving litigation that impacts gay rights. Through an analysis of LGBTQ+ litigation in several African countries, particularly regarding the background of the plaintiffs, the sources of funding, the lawyers and the NGOs involved, I show that international factors weigh heavily on aspects of the litigation process. A noteworthy illustration from this analysis is The Southern African Litigation Centre (SALC), based in South Africa, which receives funding from Western donors and provides lawyers and assistance for many LGBTQ+ rights lawsuits across Southern Africa. Overall, my analysis suggests that domestic LGBTQ+ activists in Africa rely strongly on international actors to access their court systems.

Paper short abstract:

This paper analyses how Botswanan human rights defenders mobilized domestic, regional and international support to convince Botswanan courts that that the anti-homosexuality law that had been in place since the colonial era was unconstitutional.

Paper long abstract:

An enduring legacy of British colonialism in much of Africa is the existence of laws that prohibit homosexual acts. After former British colonies gained independence, these “sodomy laws” remained on the books across the region. In recent years, some countries, such as Uganda and Nigeria, have reinforced those laws, with others, especially Lusophone countries, have rescinded them via the parliamentary route. In several former British colonies, however, LGBT+ rights defenders have taken their governments to court to try to get these laws declared unconstitutional. They have so far been unsuccessful in Kenya, while cases are pending in Namibia and Mauritius. Botswana stands out as a country where human rights defenders have succeeded in using strategic litigation to secure a growing list of LGBT+ rights. In particular, the colonial “sodomy law” was struck down as unconstitutional in 2019, with the decision upheld on appeal in 2021.

Based in part on interviews conducted in Botswana and South Africa in February 2023, this paper analyses how Botswanan human rights defenders fostered and drew on domestic, regional and international support for their strategic litigation. Among other issues, it examines how human rights defenders’ extralegal measures, including resource mobilization and the framing of the issues, helped influence the outcome of the court cases. In doing so, it traces how Botswanan LGBT+ rights-focused actors benefited from the expertise and financial resources of allies at home, elsewhere in Southern Africa, donor countries and international nongovernmental organizations, while maintaining ownership of the process.

Paper short abstract:

Based on a political economy analysis of LGBTQ’s social exclusion and inclusion in Kenya conducted in 2021, the paper explores international and national key actors’ interests, motivations, and practices as well as the politics and decision-making.

Paper long abstract:

Based on a political economy analysis of LGBTQ’s social exclusion and inclusion in Kenya conducted in 2021, the paper explores international and national key actors’ interests, motivations, and practices as well as the politics and decision-making. We focus on the intersections between transnational /international, and local LGBTQ organizing efforts. We examine how these transnational players' interests shape and have an impact on the goals and operations of local organization, as well as the outcomes of advocacy efforts to change national policy and laws. Specifically, the research focused on the positive and negative impact of international actors on local LGBTQ organizing. The main research interest is to understand the socioeconomic and legal contexts of the LGBTQ people, the role of the development partners in shaping and enforcing social inclusion, and the implications for local organizing. The paper underlies the need to explore the lived experiences of LGBT people, and the ‘inner politics of social inclusion and exclusion. We engage with the interests, values, incentives, decision-making, and practices of the government of Kenya, and development/transnational and local organizations on efforts towards social inclusion of LGBTQ people in Kenya exploring the divergence and convergence. We conclude that building strong structures and systems while also establishing mechanisms for streamlining the coordination of CSOs efforts is critical in strengthening local organizing and that the development partners should pay attention to the politics of interests.