Abstract

Under what conditions do states protect minority rights in a context of domestic resistance? Recent decades have seen rapid divergence on LGBT rights worldwide, with Africa presented as “norms antipreneur” in the face of international pressure. Yet, in 1996, South Africa was the first country in the world to provide constitutional protection on grounds of sexual orientation. This article develops an original theory on LGBT rights protection using a conflict-to-rights framework. Employing process tracing, elite interviews and archival sources, I show how a situation of insurgency allows LGBT activists to build networks and increase egalitarian attitudes to attain in-group status. Continued violence also works to block public participation in policy-making while dividing opposition forces, allowing a tiny group of activists to effectively lobby for change.

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