Courting Dignity: The East African Court of Justice and the Jurisprudence of Silence

Author: Carolyn W. Gatonye
Kabarak University

The silence of the East African Community (EAC) in the face of rising repression in Tanzania is deafening. Yet, this is hardly new thunder in the EAC bloc. Time and again, the region has watched storms gather over its neighbors; tremble, then retreat. Its response to human rights violations has slowly been morphing into a modern norm, where crises within partner states are met with studied indifference. No meaningful condemnation, no show of solidarity with those whose rights are violated, just mere silence, setting a dangerous precedent that suggests member states may violate fundamental freedoms without fear of regional scrutiny. It’s from this refusal to speak out, that the EAC risks complicity in the very injustices its Treaty seeks to prevent.

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Struggles and Triumphs: A close look at sexual and gender minority rights in Benin

Lakshita-KanhiyaAuthor: Lakshita Kanhiya
Human Rights Advocate

The Republic of Benin has long been considered a beacon of democracy in West Africa.[1] However, between 2016 to 2021, the country witnessed a concerning regression in human rights, as noted in the Freedom House Report of 2021.[2] Benin transitioned from a ‘free state’ to a ‘partly free state’ during this period, in terms of its democratic credentials. Despite this regression, Benin has taken significant strides in protecting the rights of sexual and gender minorities,[3] marking a notable contrast to its neighbouring countries namely Togo, Ghana, Cameroon, and Nigeria.

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Lives at stake: Religion, death penalty, and the rights of sexual and gender minorities in Africa

Lakshita-KanhiyaAuthor: Lakshita Kanhiya
Human Rights Advocate

The African continent presents a complex landscape for the protection of human rights, where various issues intersect, including capital punishment, sexual and gender minority rights, and the influence of religion. One of the most alarming and dire challenges in this regard is the imposition of the death penalty on sexual and gender minorities,[1] a practice that fundamentally contradicts human rights principles, including the right to life and the prohibition of torture or cruel, inhuman, or degrading treatment or punishment.[2]

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Time to consider decriminalising homosexuality in Ethiopia

Rehim-Baharu-ElalaAuthor: Rehim Baharu Elala
Intern, Ethiopian Community Development Council

LGBT data in Ethiopia

Ethiopia revised its Criminal Code in 2004 and criminalised homosexual or indecent acts both between men and women,  with those convicted facing terms of imprisonment.[1] Same-sex acts will be punished with imprisonment of not less than a year, or in ‘grave’ cases, rigorous imprisonment of up to 15 years.[2] The justifications for criminalising the acts are mostly associated with the strict societal norms and religion.

There is no study or research conducted to know the exact number of LGBTQ people in Ethiopia. I interviewed two members of the LGBTQ in Ethiopia who are working in legal and health professions when I was writing a Seminar Paper for my LGBTQ Health Law and Policy class.[3] My informants told me that the estimate data shows that there are around 50,000-60,000 people who identify themselves as LGBTQ in the capital Addis Ababa alone.[4] They also stated that the major source of the anti-gay sentiment originates from the religious authorities.[5] This is because homosexuals are always portrayed in a dangerous manner by the religious institutions as child abusers and destroyers of Ethiopian values.[6] An Ethiopian law professor states the influence of religious groups in the following words:

“There is complete silence around LGBT experiences because there is no forum for stories about the violence meted out by the state and family members on a day-to-day basis… My biggest fear is that these religious organisations are monopolising the conversation and perpetuating a fear that is becoming impossible to combat.”[7]

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