The New Egyptian Asylum Law and the fate of LGBTIQ+ Refugees in Egypt
Posted: 16 May, 2025 Filed under: Rehim Baharu Elala | Tags: asylum seekers, civil war, debauchery, deportation, detention, Egypt, equality before the law, gender identity, homophobic nature, human rights, LGBTIQ community, LGBTQ refugees, Memorandum of Understanding, non-discrimination, refugee population, rights to privacy, same sex relationship, sexual orientation, torture, voluntary repatriation Leave a comment
Author: Rehim Baharu Elala
Human rights attorney and women’s rights advocate
The refugee population in Egypt has significantly increased following the eruption of the Sudanese civil war between the Sudanese Armed Forces (SAF) and the Rapid Support Forces (RSF) in mid-April 2023. Sudanese refugees and asylum seekers account for 68.7% of the total refugee population in Egypt[1]. Amid this crisis the Egyptian Government enacted a new asylum law in December 2024 without meaningful consultations with the refugee community, human rights organisations and other key stakeholders including UNHCR.
UNHCR was conducting the registration of asylum seekers and Refugee Status Determination (RSD) to offer protection on behalf of the government on the basis of the Memorandum of Understanding (MoU) signed in 1954. The MoU delegates a set of defined responsibilities to UNHCR including but not limited to registration, documentation, refugee status determination (RSD), resettlement (RST), voluntary repatriation, and support for vulnerable individuals, while the Egyptian Government retains the role of the issuance of residence permits for refugees[2]. Despite the backlogs in processing asylum applications, UNHCR Egypt has been the largest and most productive RSD mandate operation globally. The Egyptian government wants to take over the task without indicating a viable transition plan to establish an asylum management system in line with its international and regional undertakings.
Does the Penal Code promote life or punish despair? A study of the law against suicide in Kenya
Posted: 7 February, 2025 Filed under: Pawi Fortune, Soita Shitanda Elvis | Tags: Jackson Mwangi Kariuki v Republic, Kenya, Kenyan Penal Code, law, legal remedies, mental well-being, morality, outdated legislation, public humiliation, self-destruction, self-harm, sexual orientation, suicide, suicide criminalisation Leave a comment |
Author: Pawi Fortune Federation of African Law Students, Kenya |
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Author: Soita Shitanda Elvis Kabarak University Law School |
‘Austin taught that the only force behind the law was physical force, and Mill declared that the only purpose for which that force could rightfully be used against any member of the community was to prevent harm to others; his own good, physical or moral, was not sufficient warrant.’[1]
The question on law and morality is as old and controversial as the question of which came first between the chicken and the egg. To some, law and morality are two separate entities whereas others are of the opinion that law and morality are interconnected. According to Professor H.L.A Hart, law and morality are two distinct social phenomena, and a free society should allow for morally autonomous choices.[2] Lord Devlin on the other hand argues that when conduct arouses widespread feelings of intolerance, indignation and disgust, it deserves to be suppressed by legal coercion in interest of the integrity of the society.[3] The issue of suicide intersects with the complex interplay between legal frameworks and societal morality, raising profound questions about individual autonomy, the state’s role in protecting life, and the ethical implications of criminalising self-destructive behavior. This article aims to provide a critical assessment of the Kenyan Penal Code’s stance on suicide, advocating for a shift towards a compassionate and supportive legal framework.
Decolonising “African values”: The future of LGBTQ+ pride and rights
Posted: 31 October, 2024 Filed under: Lesego Sekhu, Namatirayi Ngwasha | Tags: ACHPR, African Commission of Human and Peoples’ Rights, African countries, African values, anti-rights groups, discrimination, homophobia, homosexuality, human rights violations, LGBTQ+, political persecution, Pride Month, sexual orientation, social exclusion, South Africa Leave a comment
Author: Lesego Sekhu
Research Assistant, Centre for the Study of Violence and Reconciliation
October marks Pride Month in South Africa. Historically, Pride in this country and, more broadly, the rest of the continent has been used for political advocacy, protesting against discrimination and political persecution, and reaffirming LGBTQ+ people’s rights. In the spirit of “leaving no one behind”, this year, our Pride agenda should include radical solidarity with LGBTQ+ people in other African countries who face a growing anti-rights movement specifically targeting LGBTQ+ and other sexually diverse and gender-diverse people.
Miss Universe Mauritius 2024: A landmark in the legal battle for transgender equality
Posted: 23 August, 2024 Filed under: Lakshita Kanhiya | Tags: anti-discrimination protections, Association VISA-G, beacon of hope, Central Population Database, Civil Status Act of 1981, discrimination, gender identity, human rights, international human rights treaties, Jeanny Michelle Karla Fanfan, legal framework, legal obstacles, legal recognition, LGBTQ+, Mauritius, Miss Universe Mauritius 2024, sexual orientation, stigmatisation, transgender persons, transgender rights, Young Queer Alliance Leave a comment
Author: Lakshita Kanhiya
Pan-Africa ILGA
The historic participation of Jeanny Michelle Karla Fanfan as the first transgender woman in Miss Universe Mauritius 2024 marks a significant milestone in the fight for transgender rights and inclusivity in Mauritius.[1] This moment not only symbolises progress within the realm of beauty pageants but also serves as a powerful platform to discuss the broader legal, social, and human rights challenges faced by transgender persons in Mauritius. As a general observation, the legal recognition and protection of transgender rights in Mauritius remain areas of significant concern, reflecting a broader global struggle for equality and non-discrimination.
Conversion Therapy in Africa: An Assault on Human Rights and Ethical Healthcare
Posted: 18 July, 2024 Filed under: Jarred H Martin, Pierre Brouard | Tags: Africa, anti-LGBTQ legislation, anti-LGBTQ sentiments, aversion techniques, cisgender, consensual same-sex sexual relationships, conversion practices, discrimination, electrical shocks to the genitals, gender identity, healthcare, healthcare settings, heterosexuality, human rights, lgbtq, medical interventions, psychological counselling, queer, religious beliefs, same-sex sexual imagery, sexual orientation, sexuality education, Uganda’s Anti-Homosexuality Act Leave a comment |
Author: Dr Jarred H. Martin (PhD Psychology), Department of Psychology, University of Pretoria |
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Author: Pierre Brouard (MA Clinical Psychology), Centre for Sexualities, AIDS & Gender, University of Pretoria |
Introduction
The recent publication of Outright International’s report, Health Ethics and the Eradication of Conversion Practices in Africa, draws needed attention to the prevalence of conversion practices in Africa, particularly within the context of healthcare settings. As psychologists, we write about conversion therapy as a subset of conversion practices (including those conducted by faith and cultural practitioners, often at the behest of family) aimed at changing an individual’s sexual orientation or gender identity and expression. Conversion therapy can include psychological counselling, medical interventions, and aversion techniques, such as electrical shocks to the genitals during exposure to same-sex sexual imagery.
Why Uganda’s LGBTQ court ruling is a stain on the country and the continent
Posted: 11 April, 2024 Filed under: Nimrod Muhumuza | Tags: constitutional principles, democracy, equality, homosexuality, human dignity, LGBTQ community, LGBTQ persons, mental health, right to health, right to housing, sexual orientation, social justice, Uganda, Uganda Constitutional Court Leave a comment
Author: Nimrod Muhumuza
Doctoral researcher
Introduction
Stories about “trials by ordeal” abound in Africa and worldwide. In some parts of the continent, these “trials” still exist – with predictably unjust and sometimes fatal results. Trials by ordeal are capricious and unscientific, and the overall system is poor in evaluating evidence, reasoning, and arguments and arriving at a solid judgment. Today, we have a system of courts that is supposed to bring a certain sobriety, meticulousness, reasoning, and coherent judicial philosophy that rises above the occasional hot-headedness of the legislature or the overzealousness of the executive. Regularly, the system works as it should. Other times, it does not. Careful and solid judicial reasoning can still lead to a regressive and disputed decision, and a progressive ruling may come from poor and shaky rationale. Sometimes, a regressive decision may be founded on porous, incoherent, contradictory reasoning, as illustrated by the Uganda Constitutional Court’s (Con-Court) decision on the constitutionality of the Anti-Homosexuality Act, 2023 (AHA), delivered on 3 April 2024.
Stripped of Dignity: The Struggle for LGBT Rights in Tanzania
Posted: 17 March, 2017 Filed under: Daniel Marari | Tags: consensual sex, constitution, discrimination, equality, gender identity, hate crimes, HIV/Aids, homosexuality, imprisonment, LGBT, LGBTI, Penal Code, prosecution, sexual minorities, Sexual Offences Special Provisions Act, sexual orientation, Tanzania, unnatural offence, violence 7 Comments
Author: Daniel Marari
LLM, International Human Rights Law, Lund University, Sweden
Although the Tanzanian Constitution (1977) guarantees the right to equality and prohibits discrimination based on gender and sex, lesbian, gay, bisexual and transgender (LGBT) people still face deeply rooted hostility, prejudice and widespread discrimination in the Tanzanian society. Threats of criminal penalty, social exclusion, harassment and violence make it particularly unsafe for one to come out as an LGBT person.
At present, certain homosexual acts between consenting adult males are criminalized under the Penal Code (Chapter 16 of the laws). Under section 154 of the Penal Code, committing or attempting to commit “unnatural offences” are crimes punishable with a maximum sentence of life imprisonment and twenty years’ imprisonment, respectively. “Unnatural offence” is defined as (1) sexual intercourse with any person “against the order of nature” as well as (2) consensual sexual intercourse between a man and man or woman “against the order of nature”. The words “against the order of nature” are not statutorily defined. Also, under section 157 of the Penal Code, it is an offence punishable with a maximum of five years imprisonment for any male person, whether in public or private, to commit an act of gross indecency with another male person. By section 3 of the Sexual Offences Special Provisions Act, “gross indecency” is defined as “any sexual act that is more than ordinary but falls short of actual intercourse and may include masturbation and indecent physical contact or indecent behavior without any physical contact”. Consent is no defense to any of these offences and no distinction regarding age is made in the text of the law. As the consequence of the existence of these laws criminalizing private consensual homosexual acts, LGBT people in Tanzania live in psychological stress and unceasing fear of prosecution and imprisonment.
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In defence of these “disgusting and unnatural”
Posted: 10 March, 2014 Filed under: Benjamin Ng’aru | Tags: African (Banjul) Charter, all persons, Anti-Homosexuality Act, constitution, discrimination, equality of all persons, freedom from inhumane treatment, gays, homosexual acts, homosexuality, human rights, International Covenant for Civil and Political Rights, International Covenant on Economic, Kill the Gays Bill, lesbians, life sentence, morality, Museveni, right to dignity, right to privacy, sexual orientation, Social and Cultural Rights, stigmatisation, Toonen v Australia, transgender, Uganda, un-African, United Nations, Universal Declaration for Human Rights, violence 9 Comments
Author: Benjamin Ng’aru
Legal Assistant, Local Authorities Pensions Trust; Volunteer Programmes Assistant, Legal Exchange Centre, Nairobi, Kenya
On Monday 25 February 2014, Uganda’s long serving president Yoweri Museveni signed the Anti-Homosexuality Act of 2014 (previously referred to as Kill the Gays Bill”). The Long Title thereof provides that this “Act [is intended] to prohibit any form of sexual relations between persons of the same sex; prohibit the promotion or recognition of such relations and to provide for other related matters.” Museveni has also, on record, called homosexuals “disgusting and unnatural” persons. The legislation has since received widespread condemnation from human rights organisations and leaders across the globe.
Whereas homosexuality was, since the colonial era, outlawed with the introduction of the British colonial rule and justice system, the new legislation is an all time low. Section 2(2) of the Act provides for a mandatory life sentence for persons convicted of “homosexual acts”. Section 1 of the Act has a wide margin of what constitutes “homosexual acts” such as “the touching of another’s breast, vagina, penis or anus, … however slight …. with any part of the body or through anything”.
Does the new Women Empowerment and Gender Equality Bill fill the gaps?
Posted: 20 November, 2012 Filed under: Maya Perez Aronsson | Tags: bisexual, Committee on Elimination of Discrimination Against Women (CEDAW), corrective rape, disability, gay, gender-based violence, intersexed, lesbian, LGBTI, sexual orientation, transgender, United Nations 1 Comment
Author: Maya Perez Aronsson
Intern, Centre for Human Rights, Faculty of Law, University of Pretoria
South Africa has some of the most progressive legislation on gender equality in the world yet there is a lack of de facto equality in this country. A new Bill has been put forth to further promote women empowerment and gender equality – will this be the solution?
In September 2012 the Department of Women, Children and People with Disabilities presented the Women Empowerment and Gender Equality Bill (the Equality Bill). The purpose of the new Bill is to establish a legislative framework for the empowerment of women and to provide an obligation to adopt and implement gender mainstreaming. The Bill includes detailed provisions regarding these issues such as encouraging the recognition of the economic value of the roles of women in various sectors of life, and the achievement of at least 50 % representation and participation of women in decision-making structures in all entities.
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