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LGBTIQ+

Ongoing Cases

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Equality Rights

Eswatini: Challenging the refusal to register an advocacy group

In September 2019, Eswatini’s Registrar of Companies refused to register the organisation Eswatini Sexual and Gender Minorities (ESGM). The Registrar argued that ESGM’s purpose was unlawful because same-sex sexual acts…
Malawi - flag
Civic Rights

Malawi: Challenging the refusal to register LGBTIQ+ organisation in Malawi

Legal Framework Section 32 of the Malawi Constitution protects freedom of assembly and association. The section states that every person shall have the right to freedom of association, which shall…

Completed Cases

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Civic Rights

Namibia: Challenging refusal to allow same-sex partner to live and work in Namibia same-sex

Background On 20 January 2022, the High Court of Namibia gave judgment in the consolidated cases of Digashu v Government of the Republic of Namibia and Seiler-Lilles v Government of…
Equality Rights

Zimbabwe: Action for damages of unlawful arrest of a transgender person

Background On 16 January 2014, Plaintiff Ricky Nathanson was arrested and taken to Bulawayo Central Police Station. The two men who called the police initially tried to extort money from…
Botswana

Botswana: Challenging criminalisation of same-sex sexual relationships

In September 2016, a gay man, filed an application challenging the constitutionality of sections 164(a), 164(c) and 165 of the Botswana Penal Code. These provisions criminalise same-sex sexual acts between…
Civic Rights Expression

Zimbabwe: Challenging unlawful arrest of transgender woman

On 16 January 2014 a transgender activist was arrested in Bulawayo after entering a female toilet. At the police station she was forced to strip and examined by medical doctors…

Articles

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Articles

To comply or not to comply is not the question

MambaOnline (15 May 2024) Botswana Guardian  (17 May 2024) The Namibian (21 May 2024) Washington Blade (22 May 2024) By: Daniel Digashu and Anna Mmolai-Chalmers Over the past five years,…
Articles

Breaking binaries and advocating for intersex justice in Southern Africa

The Midweek Sun 8 November 2023 By: Bradley Fortuin A transformative movement is gaining momentum in Southern Africa, a region known for its diverse cultures and traditions. This movement challenges…
Articles

The arm of imperialism: The church’s anti-gender and anti-SOGIE rhetoric

Washington Blade 23 August 2023 By Anna Mmolai-Chalmers Anti-rights agenda in Africa has weaponized LGBTQ, intersex rights. Recently, in Botswana, Namibia, Uganda, Kenya and Malawi, the church has thrown the…
Articles

Botswana religious groups threaten rule of law and refuse LGBTQ rights

Washington Blade 7 August 2023 By: Bradley Fortuin and Matlhogonolo Samsam Country’s Council of Churches applauded 2019 decriminalization ruling. Botswana is considered a secular state and all people have equal…

Resources

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Angola

Compêndio de jurisprudência sobre direitos humanos

Entre 2014 e 2024, os juízes e a comunidade jurídica que participaram no Fórum Regional Africano de Juízes (ARJF) discutiram vários casos que fizeram avançar os direitos humanos e a…
Botswana

Recueil de jurisprudence sur les droits de l’homme

Entre 2014 et 2024, les juges et la communauté juridique participant au Forum régional annuel des juges africains (FRAJ) ont discuté de diverses affaires qui ont fait progresser les droits…
Botswana

African Regional Judges Forum human rights case law compendium

Between 2014 and 2024, the judges and legal community attending the annual African Regional Judges’ Forum (ARJF) have discussed various cases that have advanced human rights and equity across the…
Articles

To comply or not to comply is not the question

MambaOnline (15 May 2024) Botswana Guardian  (17 May 2024) The Namibian (21 May 2024) Washington Blade (22 May 2024) By: Daniel Digashu and Anna Mmolai-Chalmers Over the past five years,…