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.