Part 1 of this series, Part 2, Latin America &, Caribbean, and Part 3: India
In 2023, it was an exceptionally busy year for LGBT news in Africa, with one nation decriminalizing sodomy, another slowly opening the door to similar marriage, several non-discrimination rulings, and a number of nations continuing or intensifying their harsh anti-LGBT crackdowns.
Although it was a little quieter in Oceania, we did witness one more nation suddenly decriminalize intercourse there as well.
These were the major news reports for 2023.
LGBT Rights in Africa
- BLUE: Same-sex marriage is legal and discrimination based on sexual orientation prohibited. (Note: The little blue islands are Spanish, French, and UK territories).
- MAUVE: Limited recognition of foreign same-sex marriages.
- YELLOW: Same-sex sexual relations are illegal
- GREEN: Discrimination based on sexual orientation prohibited.
- YELLOW with GREEN outline: Sodomy illegal, but some sexual orientation discrimination prohibited
- GREY: Homosexuality is legal, no other legal protections.
Africa’s southeastern region
Mauritius: Our lone significant victory in 2023 came from the Supreme Court, which ultimately ruled that the country’s colonial-era prostitution laws are illegal. In accordance with evolving international law, the Court determined that physical orientation-based bias was also sex-discrimination and was therefore prohibited by the law. Employment bias based on sexual orientation was already prohibited by law in the area position.
Namibia: The authorities in Namibia issued a number of extremely perplexing decisions regarding LGBT rights, which was the other major development on the globe. Initially, the Court ruled in May that the authorities must accept international same-sex unions, even if they are only for immigration purposes. The same decision upheld earlier court decisions that the law forbids discrimination based on sexual orientation. However, due to the narrow scope of this decision, there are many anti-gay bias laws in place, including a basic restrictions on same-sex unions in Namibia.
You’d think that Parliament would not disagree with the Supreme Court’s decision when it unanimously passed a bill to define marriage while primarily bisexual in law in response. The President has so far declined to sign it and has requested additional sessions, but who knows how long that will last?
However, in another instance, the Supreme Court denied the child of a same-sex couple who had been born in South Africa through surrogacy citizenship by good. The choice appears to be based on a professional catch-22: since the beginning was n’t recorded, the baby is not eligible for membership. Huh?
Finally, the Supreme Court heard a challenge to the country’s sodomy laws from the colonial era, which are largely based on common law and are n’t even codified. On May 17, 2024, the International Day Against Homophobia, Biphobia and Transphobia will see the Supreme Court’s decision. Therefore, I would n’t hold it against you if you had a presumption about how they would rule.
A long-delayed LGBT-inclusive hate speech and love acts act was finally approved by Parliament in South Africa. The President’s name is also pending on it.
Additionally, the National Human Rights Commission mandated that schools stop making kids wear clothes that do not reflect their gender identity.
A new dress Union Bill has also been introduced by the government, which would harmonize the various marriage laws in the nation, fully equalize same-sex marriage, and repeal the clause that currently mandates a married person who gender transitions to divorce and married under the Civil Union Act ( the bafflingly referred to as current same- egy marriage law ). It is still being discussed.
This year, South African LGBT players were prohibited from entering Zambia and Lesotho.
Botswana: Following legalization by the judges in 2019, the federal introduced a bill to repeal the outdated prostitution laws from the Criminal Code. After LGBT activists and legal experts lobbied against the bill, the Minister of Justice withdrew it, stating that MPs should n’t debate whether to repeal a law that the authorities had already overturned. To be clear, Botswana still allows homosexual intercourse.
Eswatini: The Supreme Court ruled in June that the government should rethink allowing them to record as a company, but they have continued to refuse, claiming that homosexuality is prohibited in the little kingdom. They returned to prosecutor in December to seek compensation.
Malawi: An continuous Supreme Court case aims to make prostitution less punishable. Basically, it’s two circumstances combined into one, which however has some negative implications because one involves a transgender woman who was found guilty of assaulting some young people and the other involves an reported sex offender. The typical audience has objected to the situation because they do not want to see the law overturned.
Zimbabwe: As part of an expanding tendency in Africa, the government introduced a bill to abolish the death penalty.
Eastern and Central Africa
Uganda: The Anti-Homosexuality Act, 2023, a harsh act that stiffens penalties for gay sex, including dying for “aggravated homosexuality,” imposes restrictions on LGBT appearance and association, requires citizens to submit reports to tattle on LGBTQ people they know, and makes it illegal to hire homes or facilities to Gay people, garnered significant media attention in Uganda this year. The bill was recently rejected by the Constitutional Court on procedural basis, and it has already gone through a legal judge hear. It is in response to this decision. A decision is still pending, but even if the law is overturned, the initial prostitution laws are likely to stand.
Governments and international companies around the world, including the United States, which expelled Uganda from a program that gives African nations free trade exposure to the US market in exchange for upholding political and human rights standards, have clearly denounced the law in the interim.
Kenya: In Parliament, a ripoff bill was introduced to further prosecute homosexuality and LGBT expression. It is up for discussion.
The NGO National Gay and Lesbian Rights Commission was mandated by the Supreme Court in February after it was determined that the constitution forbade discrimination based on sexual orientation, sex, or transgender position. In September, the Court upheld that decision.
The High Court upheld the law in 2019 in a situation that sought to decriminalize adultery.
Burundi: The President ordered the stoneing of gay people next year.
Ethiopia: The government started a crackdown on restaurants, resorts, and eateries it claimed served gay patrons.
Subtropical Guinea: After a meeting in Europe, the government detained an Transgender activist and journalist. A terrible dictator rules the nation.
Following a military revolution, Gabon was partially suspended from the Commonwealth of Nations.
Africa’s European
Ghana: Although the authorities and President are in favor of a ripoff anti-LGBT bill that was inspired by Uganda, Parliament is still debating it.
The death penalty was abolished by Parliament for all common acts, continuing the trend in Africa, which was a rare bright area. Evidently, a constitutional amendment is necessary to abolish the death penalty for crime.
Mali: The citizens voted to put into effect a fresh Constitution that expressly forbids same-sex unions.
Mali, Burkina Faso, and Niger extremely became military dictatorships, abandoning long-standing relations with France, a former colonial strength, in favor of boosting relations with Russia in 2023. Actually the idea of the three forming some sort of league has been discussed.
Nigeria: There was a growing assault on LGBT events, and hundreds of people were detained for allegedly taking part in same-sex weddings.
Senegal: A dead queer man’s brain was exhumed and set on fire in a heinous hate crime, sparking some criticism of the criminals who were caught.
Africa North
Tunisia: Two people were found guilty under the adultery law by a lower court in February, and the case was heard in court at the country’s Court of Appeal. I think a similar problem that was heard in December 2021 at the Court of Cassation is still pending decision.
Morocco: The Justice Minister spent some time decriminalizing extramarital sex, but it did n’t appear that sodomy was included in the discussions. A act has not yet been tabled, and the discussions are also going on.
Algeria: The government temporarily halted all development on a local television station in August after it aired an same-sex wedding.
Oceania Map of LGBT Rights
- BLUE: Same-sex marriage legal and sexual orientation/gender identity discrimination prohibited
- PURPLE: Foreign same-sex marriages recognized, no discrimination laws
- GREEN: Sexual orientation discrimination prohibited
- YELLOW: Sodomy illegal
- YELLOW with GREEN outline: Sodomy illegal, but some sexual orientation discrimination prohibited
- RED: Constitution bans same-sex marriage, but homosexuality is legal, no discrimination protections
- GREY: Sodomy legal, same-sex marriage not permitted, no discrimination protections
Oceania
New Zealand: Liberals won elections this month, but it is unclear whether they will restore LGBT rights in the same manner as they have intended to restore Aboriginal rights.
Before the vote, a private individuals ‘ costs to outlaw discrimination based on sex and gender identity was not approved. Additionally, a bill to amend surrogate legislation was unsuccessful. Both bills could potentially still be introduced, but the government has not yet made any plans in this direction.
However, the Cook Islands, a separate nation from the Realm of New Zealand, passed an update to the Crimes Act that decriminalized homosexuality. With this issue resolved, gay Cook Islanders are once more calling for additional rights.
In Niue, the another nation in the Realm, lesbian sex is still forbidden. Although there have been some calls for both to possess more picture at international organizations like the UN and Commonwealth, neither Niue nor Cook Islands are UN members. The USA officially recognized both as sovereign, separate state, according to President Biden’s announcement in September.
Australia: The federal Labor administration has n’t really lived up to some people’s expectations that it would spearhead LGBT rights legislation, has it? The Commonwealth should have changed its prejudice laws to protect all students and teachers from sexual orientation, gender identity, or marital status, according to the law reform commission’s recommendation in January. However, the government has n’t taken any action, citing the need to provide religious institutions.
Unwanted trans child surgeries were outlawed in the Australian Capital Territory.
Queensland‘s hate speech laws were updated to include safeguards for LGBTI individuals, and the postoperative requirement for a legitimate gender change was even eliminated.
Although Tasmania and New South Wales have announced plans to outlaw conversion therapy, campaigners have criticized the Australian bill that was introduced this month.
WorldPride, which was held in Sydney, focused on enhancing LGBT rights in the Pacific area.
Tuvalu’s constitution was amended to forbid sex-based bias. It’s completely likely that anti-LGBT discrimination was just outlawed there because, according to the evolving worldwide jurisprudence, sexual orientation and gender identity are both considered to be forms of sex prejudice. To strongly demonstrate that, a court problem is probably necessary. However, the new law specifically protects marriage legislation from review on grounds of bias and also defines marriage and family in heterosexual words.
The prime minister of Papua New Guinea stated that he had no plans to decriminalize homosexuality.
The Commonwealth of the Northern Mariana Islands: This US country passed a hate crime law that is inclusive of LGBT people, as was covered in the area on the Americas.
I’ll get back soon with a look at Europe, where LGBT rights were the subject of intense development in 2023.
