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Supreme Court poised to roll back LGBTQ rights

Rebalance stolen court via expansion, term limits

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LGBTQ advocates were rightly relieved when the Supreme Court handed down Bostock v. Clayton County this past June, a case that extended the prohibition against discrimination in employment to include discrimination based on sexual orientation and gender identity. And with the most LGBTQ-friendly President-elect in U.S. history poised to take office in a matter of days, our community has even more reason to be hopeful.

Despite these positive developments, however, the Supreme Court poses a grave danger to the LGBTQ community. As the court ushers in a new era of conservative dominance—with anti-LGBTQ justices holding a 6-3 supermajority—the fragile judicial coalition on which the movement for equality has relied is at significant risk of being cast aside. 

Justice Amy Coney Barrett’s recent confirmation to the court is deeply concerning. Justice Barrett has defended Justice Roberts’ dissent in Obergefell, indicating that the issue of marriage equality should belong to state legislatures. She has repeatedly used transphobic and homophobic language, and even argued that Title IX does not protect transgender people. Her extremist positions will embolden the anti-LGBTQ conservative justices on the court – Justices Kavanaugh and Alito recently held an inappropriate private meeting with an anti-gay activist who had filed briefs in pending cases — and other Trump-appointed judges, as well as state legislatures to take anti-LGBTQ stances. With equality hanging in the balance, the LGBTQ community cannot afford a Supreme Court that stands to crush any progress made.

Marriage equality: In October, the Supreme Court denied certiorari to a case involving Kentucky woman Kim Davis, who refused to issue marriage licenses to same-sex couples. However, the denial of certiorari came with warning signs: Justices Alito and Thomas wrote a section that cast doubt on the constitutionality of Obergefell, the landmark Supreme Court case in which Justice Kennedy’s opinion that held that marriage is a fundamental right guaranteed to same-sex couples by the Constitution. In the certiorari denial, Justice Thomas wrote: “By choosing to privilege a novel constitutional right over the religious liberty interests explicitly protected in the First Amendment, and by doing so undemocratically, the Court has created a problem that only it can fix. Until then, Obergefell will continue to have ‘ruinous consequences for religious liberty.’” While broad majorities of the American people support marriage equality and opponents of it might not have the votes on the Supreme Court to overturn the precedent, it is nonetheless a troubling sign that two Justices would sign onto discrimination against our fellow citizens.

Discrimination: The currently pending case before the Supreme Court about discrimination is Fulton v. City of Philadelphia. The case emerged from circumstances in 2018: The city of Philadelphia had hired a number of agencies for foster care service. When the city learned that two agencies denied same-sex couples as foster parents, Philadelphia threatened to stop using the agencies unless they agreed to nondiscrimination requirements. While one of the agencies complied, the other, the Catholic Social Services (“CSS”), sued the city in federal district court. The federal district court found in Philadelphia’s favor, which the Third Circuit then unanimously affirmed. Nonetheless, the Supreme Court granted certiorari.

The CSS claims that because the city looks to several factors, including religious and racial factors, in spite of anti-discrimination law, it cannot at the same time prohibit the agency from considering the sexual orientation of foster parents under the guise of “religious belief.” If Philadelphia makes exceptions to its anti-discrimination laws in foster placement, it must also allow religious agencies an exception as well. If Philadelphia does not do so, it violates the First Amendment. The city claims that it can choose not to provide government contracts to organizations that do not adhere to its nondiscriminatory requirements. For the court to decide otherwise, it would mandate that the city discriminate.

The stakes are high, in part because a ruling against equality in Fulton could provide cover for undermining Bostock, which extended Title VII protections to LGBTQ employees. An expansion of the religious liberty to discriminate could eat away at Bostock. Even a 5-4 court with Justice Kennedy ruled against LGBTQ rights in Masterpiece Cakeshop. Now, with a 6-3 conservative supermajority, Fulton could strike a big blow against equality.

Health care and family: If the Supreme Court strikes down the Affordable Care Act (ACA) in California v. Texas, health care protections for the LGBTQ community would be eliminated. Section 1557 of the ACA is the law’s non-discrimination provision, which bans discrimination in health care on the basis of sex. The Obama administration’s rule interpreted Section 1557’s ban on sex discrimination to include discrimination on the basis of sexual orientation and gender identity. In addition to Section 1557, the ACA as a whole has been enormously important for the LGBTQ community. The uninsured rate for lesbian, gay and bisexual Americans fell dramatically due to the ACA and LGBTQ adults have become more likely to report having regular access to health care. For transgender Americans, who are more likely to live in poverty or be unemployed and to face enormous challenges and have negative experiences accessing health care, the ACA’s Medicaid expansion and provision of individual health insurance through the marketplaces are critical. The 6-3 conservative supermajority on the court makes the end of the ACA significantly more likely, with disastrous consequences that will disproportionately affect the LGBTQ community. 

Lawsuits challenging the Obama administration’s interpretation of Section 1557, particularly in regard to its ban on discrimination on the basis of gender identity, have been percolating in the federal courts for years. The Trump administration has attempted to reverse those protections, but it is widely expected that the Biden administration will revert to the Obama-era rule. Even if the ACA survives, this line of litigation could undermine critical protections for transgender individuals in the health care system. While the Supreme Court’s decision in Bostock v. Clayton County last term interpreting similar language in Title VII (discrimination on the basis of sex) to cover gender identity should be definitive, the 6-3 conservative supermajority could decide to distinguish these cases and allow for discrimination against LGBTQ individuals in health care. Since so many of the nation’s hospitals are affiliated with religious organizations such as the Catholic Church, the court could seize on Justice Gorsuch’s language in Bostock suggesting that the Religious Freedom Restoration Act (RFRA) could trump Title VII to require broad religious exemptions from non-discrimination in health care. 

Transgender rights: In addition to the massive blow that a gutted ACA could have for transgender rights, other cases about transgender rights percolating in the lower courts may someday make their way to the Supreme Court. In Saba v. Cuomo, for example, a transgender, nonbinary resident sued the state of New York for refusing to allow Mx. Saba to obtain a driver’s license that accords with Mx. Saba’s gender identity. In August, a lower court preliminarily enjoined Idaho’s law that barred transgender women from participating on women’s sports teams. That decision is currently being appealed.

Just this past year, the Fourth Circuit and the Eleventh Circuit considered whether school bathroom policies violated transgender students’ rights. Though both circuits ruled in favor of the students, the Grimm case briefly reached the Supreme Court in 2017 before being sent back to the lower court. In 2019, the Supreme Court rejected certiorari in a case involving transgender bathrooms, leaving a lower court’s trans-affirming decision in place. But it only takes four votes for the Court to take a case, and with a 6-3 supermajority now firmly in place, there is no telling the havoc it could wreak on transgender rights.

As we celebrate the end of the Trump era, and as we prepare to work with the incoming Biden administration to restore rights that have been destroyed over the past four years while advancing the case for equality, the LGBTQ community must pay attention to the danger posed by anti-LGBTQ justices, and we must advocate forcefully for judicial reforms such as court expansion and term limits that rebalance the stolen, illegitimate court.

 

Aaron Belkin is the director of the Palm Center and of Take Back the Court, and a political science professor at San Francisco State University.

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Opinions

The outrage economy is not the LGBTQ community

We can respect every person’s humanity without feeding algorithms

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(Photo by New Africa/Bigstock)

There is a simple truth I want to start with, because it matters and because it is too often lost in the noise.

I believe every human being deserves dignity.

I believe in individual freedom. I believe in treating people with respect. I believe adults should be able to live their lives openly, safely, and without harassment or fear.

That includes LGBTQ people. Always. But there is something else we need to say with the same moral clarity.

The outrage economy is not the LGBTQ community.

In recent months, as debates about schools, speech, and identity continue to dominate headlines, it has become increasingly clear how easily genuine conversations about dignity and freedom are drowned out by a profitable outrage cycle.

Right now, too much of what passes for “LGBTQ news” is not about people’s lives, safety, or equality. It is about engagement. It is about clicks. It is about fundraising. It is about manufacturing the next emotional flashpoint. And people are exhausted.

Most Americans are not waking up in the morning looking for a fight about language or labels. They are worried about rent. They are worried about insurance. They are worried about traffic. They are worried about whether their kids are safe and learning. They are worried about whether their paychecks still stretch to the end of the month.

The culture war is not most people’s daily life. It has become an industry.

And like any industry, it needs fuel. It needs conflict. It needs constant escalation. It needs the next headline that triggers the strongest reaction.

Social media algorithms reward exactly that. The loudest and most extreme reactions are amplified, pushing the most sensational interpretation of any story to the top of everyone’s screen. That is why we keep seeing the same pattern: ordinary human experiences are repackaged as identity controversy.

A celebrity reflects on not feeling traditionally feminine, and within hours it becomes a viral referendum on gender identity. A personal observation becomes a cultural battleground. The internet is told it must choose a side. This is not liberation. It is marketing. And it is not harmless.

Because while adults argue about language and labels online, real kids are struggling offline.

Children today are growing up in a world that is louder, faster, and more psychologically intense than any generation before them. Anxiety is rising. Depression is rising. Social isolation is rising. Bullying has migrated from the hallway to the phone, and it never stops.

Kids are being exposed to adult conversations at younger and younger ages, often without the maturity or support systems to process them. Here is the part that should concern everyone, regardless of politics. Our schools are not resourced for this reality.

We do not have enough counselors. We do not have enough psychologists. We do not have enough early childhood behavioral specialists. We do not have enough social workers. We do not have enough trained staff able to identify distress early and intervene appropriately.

Florida, like the rest of the country, faces a serious shortage of youth mental health professionals. When children struggle, too often there is simply no one available to help early.

In many communities the need is obvious and urgent. Yet the conversation we keep getting is not about expanding mental health support, strengthening early intervention, or helping families navigate difficult moments.

Instead we get a never-ending cycle of political conflict that makes everyone more anxious and less able to hear one another. Let me be clear about something. Individuality is not the problem. People are complex. People do not fit neatly into stereotypes. Many never have.

A woman who does not feel like a “girly girl” is not a threat. A man who does not relate to traditional masculinity is not a threat. People exploring their identity is not a threat.

The real problem is the commercialization of identity.

When media outlets treat every celebrity quote as a cultural emergency, they are not helping LGBTQ people. They are feeding a machine that thrives on division. And that machine does not care who gets hurt.

It hurts trans people, because it turns their lives into content and controversy instead of treating them as human beings navigating deeply personal realities.

It hurts gay people, because it reduces an entire community to a political symbol rather than recognizing the diversity of real lives and experiences.

It hurts women, because it suggests that not fitting stereotypes requires a new label, when the entire history of women’s equality has been about expanding freedom beyond those stereotypes.

It hurts families, because it creates confusion without support and noise without guidance. And it hurts the arts as well.

Drag, theater, and performance have long been places where society explores humor, character, and freedom. But when everything becomes political warfare, the public begins to associate even artistic expression with endless conflict.

People withdraw. Not because they hate anyone, but because they are exhausted by the noise. This is the great irony of our moment. A culture that claims to be expanding freedom is, in practice, shrinking it. Not through laws alone, but through fear.

Fear of saying the wrong thing. Fear of being attacked online. Fear of asking a sincere question. Fear of being dragged into a fight that never ends. We cannot build a healthy society that way. And we cannot build a healthy LGBTQ movement that way either.

The LGBTQ community did not fight for decades to replace one set of rigid boxes with another. The goal was always freedom. The goal was dignity. The goal was the right to live honestly without harassment and without the state policing private life.

If we want to protect that legacy, we need to be honest about what is happening now.

There are advocacy organizations doing important work. There are journalists covering real issues responsibly. There are educators and mental health professionals trying to help kids navigate a complicated world.

But there is also a profitable ecosystem of consultants, influencers, and outrage merchants who benefit from keeping the temperature high. They do not want resolution. They want engagement. And engagement requires conflict.

So what do we do? We return to what actually helps. We invest in mental health resources in schools. We expand early childhood support. We make sure kids who are struggling can access qualified professionals. We strengthen families and communities instead of turning them into ideological battlegrounds.

We treat adults like adults. We respect personal freedom. We stop demanding that every workplace become a permanent cultural battlefield. Professionalism is not oppression. Respect is not hate. Equal treatment is not cruelty. We also stop confusing stereotypes with identity.

Not feeling “massively feminine” is not a crisis. It is a normal human experience. It does not need to become a viral controversy. We can respect every person’s humanity without feeding the outrage economy. We can support individuality without turning every personality trait into a cultural emergency. We can defend LGBTQ dignity without empowering a machine that profits from division.

Most of all, we can choose leadership that lowers the temperature instead of exploiting the fire. Because the truth is this: the public is not as hateful as the internet suggests.

The public is tired. The public is overwhelmed. The public is struggling.

And what most people want now is a culture that feels calmer, fairer, and grounded in reality again.

That is not a threat to LGBTQ equality. It may be the only way it survives.


Fabián Basabe is a Florida State Representative.

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Botswana

Lorato ke Lorato: marriage equality, democracy, and the unfinished work of justice in Botswana

High Court considering marriage equality case

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(Bigstock photo)

As Botswana prepares for the resumption of a landmark marriage equality case before the High Court on July 14–15, the country finds itself at a critical constitutional crossroads.  

At first glance, the matter may appear to be about whether two women, Bonolo Selelelo and Tsholofelo Kumile, can have their love legally recognized. At its core however, this case is about something far more profound: the dismantling of patriarchy, the decolonization of law, and the integrity of Botswana’s constitutional democracy. 

Beyond marriage: a question of power 

Marriage, as a legal institution, has never been neutral. It has historically functioned as a  mechanism for regulating women’s bodies, sexuality, and social roles within a patriarchal  order. To deny LBQ (lesbian, bisexual, and queer) women access to marriage is not merely to exclude them from a legal benefit, it is to reinforce a hierarchy of relationships, where heterosexual unions are deemed legitimate and all others invisible. This case therefore challenges the very foundations of who gets to love, who gets to belong, and who gets to be protected under the law. 

As feminist scholars have long argued, patriarchy is sustained through institutions that  appear ordinary but are deeply political. The law is one such institution. And it is precisely  here that this case intervenes: by asking whether Botswana’s legal system will continue to uphold exclusion, or evolve to reflect the constitutional promise of equality. 

A constitutional journey: Botswana’s courts and human dignity

This is not the first time Botswana’s courts have been called upon to affirm the dignity of  LGBTQI+ persons. Over the past decade, the judiciary has built a progressive body of  jurisprudence grounded in equality, nondiscrimination, and human dignity. 

In Attorney General v. Rammoge and Others (Court of Appeal Civil Appeal No. CACGB 128-14, 2016), the Court of Appeal upheld the right of LEGABIBO to register as an organization. The court affirmed that: 

“The refusal to register the appellant society was not only unlawful, but a violation of the  respondents’ fundamental rights to freedom of association.”

This was followed by the ND v. Attorney General of Botswana (MAHGB-000449-15,  2017) case, where the High Court recognized the right of a transgender man to change his gender marker. The court held: 

“Gender identity is an integral part of a person’s identity … and any interference with  that identity is a violation of dignity.” 

In Letsweletse Motshidiemang v. Attorney General (MAHGB-000591-16, 2019), the High Court decriminalized same-sex activity, declaring sections of the Penal Code unconstitutional. Justice Leburu powerfully stated: 

“Human dignity is harmed when minority groups are marginalized.” 

This decision was affirmed by the Court of Appeal in Attorney General v. Motshidiemang (CACGB-157-19, 2021), where the court emphasized: 

“The Constitution is a dynamic instrument … it must be interpreted in a manner that gives effect to the values of dignity, liberty, and equality.” 

These cases collectively establish a clear principle: the Constitution of Botswana protects all persons, not just the majority. 

The marriage equality case now asks a logical next question: If LGBTQI+ persons are entitled to dignity, identity, and freedom from criminalization, why are their relationships still denied recognition? 

Decolonizing the law: What is truly ‘UnAfrican’? 

Opponents of marriage equality often argue that homosexuality is “unAfrican.” This claim, while politically powerful, is historically inaccurate. Same-sex relationships and diverse gender identities have existed across African societies long before colonial rule. What is foreign, however, are the laws that criminalize these identities. 

Botswana’s anti-sodomy laws were inherited from British colonial legal systems, not from  indigenous Tswana culture. As scholars of African history have demonstrated, colonial  administrations imposed rigid Victorian moral codes that erased and suppressed existing  sexual diversity. To claim that homosexuality is unAfrican, while defending colonial-era laws, is therefore a contradiction.

A truly decolonial approach to the law requires us to ask: Whose morality are we upholding? And whose history are we erasing? 

Marriage equality, in this sense, is not a Western imposition: it is part of a broader project of reclaiming African dignity, plurality, and humanity. 

Democracy on trial: the question of separation of powers

This case also raises important questions about the health of Botswana’s democracy. 

Following the 2021 Court of Appeal decision affirming the decriminalization of same-sex  relations, Botswana witnessed public demonstrations, including marches led by groups such as the Evangelical Fellowship of Botswana (EFB), opposing the judgment and calling for the retention of discriminatory laws. 

While public participation is a cornerstone of democracy, these events raise deeper concerns about the separation of powers. Courts are constitutionally mandated to interpret the law and protect fundamental rights, even when such decisions are  unpopular. When judicial decisions grounded in constitutional principles are publicly resisted on moral or religious grounds, it risks undermining the authority of the courts  and the rule of law itself. 

Democracy is not simply about majority opinion: it is about the protection of minority rights within a constitutional framework. 

Botswana is not a theocracy 

It is also important to clarify a recurring misconception: Botswana is not a Christian nation. 

Botswana is a secular constitutional democracy and more accurately, a pluralistic society that recognizes and respects diversity of belief, culture, and identity. The Constitution does not elevate one religion above others, nor does it permit religious doctrine to  dictate legal rights. The law must serve all citizens equally, regardless of faith. 

To frame marriage equality as a threat to Christianity is therefore misplaced. The question before the courts is not theological, but constitutional: Does the exclusion of same-sex couples from marriage violate the rights to equality and nondiscrimination?

Love, equality, and the future of justice 

At its heart, this case is about love, but it is also about power, history, and justice. It asks whether Botswana is prepared to move beyond colonial legal frameworks and patriarchal  norms, and to embrace a future grounded in equality, dignity, and inclusion. 

It asks whether the Constitution will continue to be interpreted as a living document, one that evolves with society, or remain constrained by outdated moral assumptions. Ultimately, it asks whether Botswana’s democracy can hold true to its founding promise: that all persons are equal before the law. 

As the High Court prepares to hear this case in July 2026, the nation has an opportunity to affirm not only the rights of two individuals, but the broader principle that love, in all its diversity, deserves recognition, and protection. 

Lorato ke lorato.  

Love is love. 

Justice, if it is to mean anything at all, must make space for it.

Nozizwe is the CEO of LEGABIBO (Lesbians, Gays and Bisexuals of Botswana)

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Border to border: modern slavery and human trafficking in refugee movements across East Africa

LGBTQ people disproportionately targeted for sexual exploitation

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U.S. Ambassador to South Sudan Michael Adler visits the Gorom Refugee Settlement on Oct. 25, 2023. LGBTQ refugees in the country and elsewhere in East Africa remain susceptible to modern slavery and human trafficking. (Photo courtesy of the U.S. Embassy in South Sudan)

I did not choose to become a refugee. I did not choose to become a victim of trafficking. I only chose to live as myself. Yet in the world I come from, choosing to live as myself was enough to make me a target. As a transgender woman from Uganda, my identity alone placed me in danger. What followed was not just displacement, it was a journey through systems of exploitation that closely resemble modern slavery, hidden in plain sight along the borders and pathways that refugees are forced to travel.

People often imagine modern slavery as something that happens in secret: in locked rooms, in distant brothels, in hidden factories. Human trafficking is portrayed as a dark underworld run by organized criminals. But for many refugees in East Africa, exploitation does not hide in the shadows. It exists in the open, woven into the very routes of survival. It is present at border checkpoints, in refugee camps, in the hands of smugglers, and even in the institutions meant to protect us. It is not always marked by chains or cages. Sometimes it looks like a bus ticket, a border crossing, a promise of safety, or a demand for money that you cannot refuse.

My journey across borders is only one example of how these systems operate. But it is a story shared by many LGBTQI+ refugees whose lives are shaped by violence, silence, and the constant negotiation of safety.

In Uganda, being transgender is not simply misunderstood, it is dangerous. My family, deeply rooted in conservative religious beliefs, saw my identity as a disgrace. I was threatened, rejected, and made to feel that my life had no value. Outside the home, communities policed identity through violence. The legal environment offered no protection. Instead, it reinforced fear. Laws targeting LGBTQI+ people made it impossible to seek help from authorities. Reporting abuse often meant risking arrest. Every day became a calculation of risk: where to walk, who to trust, how to hide. Eventually, the threats became too real to ignore. Leaving was not a choice, it was survival.

My journey out of Uganda began through unofficial routes. Like many refugees fleeing persecution, I could not rely on safe or legal pathways. Instead, I was forced into networks of smugglers and traffickers operating along border regions. From Uganda through border points like Maraba, and later through movements connected to Kakuma Refugee Camp and into South Sudan, each step came with a cost financial, emotional, and physical. At border crossings, money speaks louder than rights. Payments were demanded at checkpoints. There was no transparency, no accountability. You either paid, or you risked being turned back or worse.

For LGBTQI+ refugees, these journeys are even more dangerous. Visibility can mean exposure. Exposure can mean violence. There is constant fear of being outed, harassed, or assaulted not only by traffickers but sometimes by those meant to enforce the law. This is how modern trafficking operates not always through chains, but through systems of dependency, coercion, and fear.

Human trafficking is often imagined as a distant or extreme phenomenon. But for many refugees, especially LGBTQI+ individuals, it exists in subtle and systemic ways. It is in the forced payments demanded at every step of the journey. It is in the exploitation of vulnerability by those offering “help.” It is in the silence of systems that fail to protect. Many LGBTQI+ refugees face extortion by smugglers and intermediaries, threats of violence or exposure, sexual exploitation and abuse, and discrimination by officials and communities. These experiences are rarely documented. Fear prevents reporting. Lack of access prevents justice. What remains is a hidden crisis, one that continues across borders.

Reaching South Sudan did not bring safety. I now live in Gorom Refugee Settlement Camp, where the reality for LGBTQI+ refugees remains harsh and dangerous. Discrimination is part of daily life. Access to food, water, and healthcare is often affected by stigma. Moving freely within the camp can be risky. Violence and threats are constant. As a transgender woman, I am highly visible. This visibility increases my vulnerability. I have faced harassment, intimidation, and threats from both host communities and other refugees. Some blame LGBTQI+ refugees for misfortunes accusing us of bringing curses or problems. These beliefs, rooted in stigma and misinformation, fuel violence and exclusion. Safety, even in a refugee camp, is not guaranteed.

Despite these challenges, I have chosen not to remain silent. In Gorom, I serve as a leader and representative of an LGBTQI+ Refugees and Asylum Seekers Network. Our community includes individuals who are traumatized, isolated, and often unable to advocate for themselves. Many cannot read or write. Some are dealing with serious medical conditions. Others are too afraid to speak. I support them by helping fill out applications and forms, writing emails to organizations, connecting them with protection pathways, and providing peer support and coordination. Through this work, several members of our community have managed to access opportunities for relocation and protection. Some have received case numbers and are progressing through international processes. While I am proud of this work, it comes with a cost. My visibility as a leader makes me a target. The more I help others, the more I am exposed.

The systems I have experienced reflect a form of modern slavery that is not always recognized. It is not defined by ownership, but by control. It is not enforced by chains, but by fear and dependency. When refugees are forced to rely on informal and unsafe systems to survive, exploitation becomes inevitable. International frameworks like the Palermo Protocol recognize trafficking as involving coercion, exploitation, and abuse of vulnerability. By these definitions, what many refugees experience during displacement falls within this reality. Yet, these experiences are rarely acknowledged in policy or response.

My story is one thread in a much larger tapestry of exploitation. Across East Africa, displacement has created informal systems where movement is controlled not by law, but by power, money, and vulnerability. Within these systems, trafficking and modern slavery are not isolated crimes; they are embedded in the everyday experiences of refugees. The blurred line between smuggling and trafficking becomes clear when a voluntary agreement turns into coercion. Payments increase unexpectedly. Conditions worsen. Threats emerge. At this point, smuggling begins to resemble trafficking. People are forced to pay additional fees under threat, detained or abandoned if they cannot pay, and subjected to coercion, intimidation, or violence. The journey becomes one of survival under control, rather than movement by choice.

Checkpoints are one of the most visible forms of exploitation. Across multiple borders, movement is regulated not only by official policies but by informal practices. Travelers are often required to make payments to pass through, regardless of their legal status. These payments are rarely documented. They are negotiated at the moment, often under pressure. Failure to comply can result in detention, forced return, physical intimidation, or exposure to further risks. For those already vulnerable, checkpoints become sites of control and exploitation. This system benefits from a lack of accountability. It thrives in environments where oversight is weak and corruption is normalized.

Modern slavery is not always about physical confinement. It can also take the form of economic exploitation. During transit, individuals may be required to pay escalating fees at each stage of the journey, surrender money or belongings, or depend entirely on intermediaries for movement. In some cases, individuals are left stranded if they cannot meet financial demands. This creates a cycle of dependency: you rely on the network to move, the network controls the cost, and the cost determines your safety. Such systems exploit vulnerability in a way that aligns closely with definitions of modern slavery particularly the abuse of power and the extraction of value through coercion.

Reaching a destination, such as a refugee settlement, does not necessarily end exposure to exploitation. In many camp settings, individuals continue to face restricted access to resources, dependency on aid systems, and informal economies that can be exploitative. Where formal support systems are overstretched or under-resourced, informal structures emerge again. These structures may involve gatekeeping access to services, manipulation of aid distribution, or continued financial or social exploitation. The conditions that enable trafficking do not disappear; they evolve.

Beyond East Africa, modern slavery takes other forms that mirror the same patterns of vulnerability and exploitation. Labor trafficking to the Gulf has become a major issue for migrants from Uganda, Kenya, and Tanzania. 

A beach in Dubai, United Arab Emirates, on Oct. 3, 2024. Labor trafficking to the United Arab Emirates and other Gulf counties has become a major issue for migrants from East Africa. (Washington Blade photo by Michael K. Lavers)

Recruitment agencies promise good jobs, but many migrants end up in forced domestic labour, with confiscated passports, unpaid wages, and conditions amounting to slavery. Some never return home. Organ trafficking has also been documented, with victims from Africa ending up in countries such as Thailand, Malaysia, Russia, and China. Kidneys are the most commonly trafficked organs. Some victims are coerced; others are deceived; some are killed. Women, girls, and LGBTQI+ individuals are disproportionately targeted for sexual exploitation. For refugees, “survival sex” becomes a coping mechanism in the absence of protection and resources. Modern slavery thrives because the global economy rewards cheap labour. Migrants from East Africa are used in construction, domestic work, agriculture, and manufacturing. Their exploitation is hidden behind the products the world consumes.

From a humanist perspective, the existence of such systems raises urgent ethical questions. If all human beings have equal dignity, why are some forced to risk exploitation to survive? If rights are universal, why are they not accessible in practice? Human trafficking and modern slavery in refugee movements are not only criminal issues, they are moral failures. They reflect a gap between principles and reality. They expose the distance between what we claim to value and what we allow to happen.

Addressing these issues requires more than isolated interventions. Safe and legal migration pathways must be expanded. Border accountability must be strengthened. Anti-trafficking measures must be integrated into refugee protection. Refugee-led initiatives must be supported. Those with lived experience are best positioned to identify risks and solutions.

Modern slavery and human trafficking are not always visible in chains or confinement. In many cases, they exist within systems that appear as ordinary border crossings, transit routes, and refugee settlements. Recognizing these systems is the first step toward change. The movement of people across borders should not come at the cost of their dignity, safety, or freedom. Yet, for many, it does. Until safe alternatives exist, and accountability is enforced, these hidden systems of exploitation will continue.

The question is not whether they exist.  

The question is whether we are willing to confront them.

Aby lives in the Gorom Refugee Settlement Camp in South Sudan.

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