Debating love, human rights and identity politics in East Africa: The case of Uganda and Kenya

Abstract

In the wake of the furore surrounding the passing of the Anti-Homosexuality Act and the declaration of its unconstitutionality by the Constitutional Court in Uganda, the issue of sexual orientation and gender identity has assumed heightened prominence in East Africa. As is the case in many countries around the world, courts of law have become particularly prominent arenas within which the struggles over these issues are being fought. That development raises fundamental questions not only about the suitability of judicial arenas for such encounters, but also about the efficacy of a legal strategy in addressing an issue linked to deeply-held social, cultural and religious structures and beliefs. This article reviews recent developments concerning the situation of lesbian, gay, bisexual, transgender and intersex individuals through legislation and in the courts of law of Uganda and Kenya, exploring the implications for the wider struggles by sexual minorities for enduring legal recognition and accommodation. Key words: sexual minorities; right to love; LGBTI community; courts; homophobiaIn the wake of the furore surrounding the passing of the Anti-Homosexuality Act and the declaration of its unconstitutionality by the Constitutional Court in Uganda, the issue of sexual orientation and gender identity has assumed heightened prominence in East Africa. As is the case in many countries around the world, courts of law have become particularly prominent arenas within which the struggles over these issues are being fought. That development raises fundamental questions not only about the suitability of judicial arenas for such encounters, but also about the efficacy of a legal strategy in addressing an issue linked to deeply-held social, cultural and religious structures and beliefs. This article reviews recent developments concerning the situation of lesbian, gay, bisexual, transgender and intersex individuals through legislation and in the courts of law of Uganda and Kenya, exploring the implications for the wider struggles by sexual minorities for enduring legal recognition and accommodation. Key words: sexual minorities; right to love; LGBTI community; courts; homophobia