Africa
Kenyan anti-homosexuality bill would expel LGBTQ refugees
Kakuma and Dadaab refugee camps are located in the country
Refugees and asylum seekers who identify as LGBTQ would be expelled from Kenya under a proposed anti-homosexuality law.
The Family Protection Bill, 2023, that would criminalize homosexuality with a life sentence, is currently under consideration by a parliamentary committee.
The measure, which opposition MP Peter Kaluma has sponsored, proposes changes to Kenya’s Penal Code that prohibits consensual same-sex relations with a 14-year prison term. The lawmaker notes that homosexuality, same-sex marriages and other so-called unnatural sexual acts go against “public morality” that threaten the family unit under Article 45 of Kenya’s constitution, which recognizes marriage as between people of the opposite sex.
“The bill contains miscellaneous provisions that allow the expulsion of refugees and asylum seekers who breach the law, contains provisions for psychotherapy and rehabilitation of offenders and consequential amendments to other acts of Parliament,” the proposed law reads.
Kenya hosts more than half a million refugees in its Kakuma and Dadaab camps from neighboring nations: Burundi, Somalia, South Sudan, Ethiopia, Uganda and the Democratic Republic of Congo that face long-standing conflicts and insecurity.
Kenya is also the only East African nation that has been accepting LGBTQ refugees and asylum seekers without questioning the individuals’ sexual orientation. This is despite rampant cases of homophobia in the country and some LGBTQ refugees complaining about discrimination, violent attacks and destruction of their property by other refugees and residents.
Several LGBTQ human rights groups, including the Organization for Refuge, Asylum and Migration, have released a report on violations the LGBTQ people face in Kakuma, which is one of the world’s largest refugee camps.
The U.N. Refugee Agency in Kenya in March 2021 issued a statement in response to homophobic attacks on LGBTQ refugees in Kenyan camps by assuring its commitment to their safety.
The move to curb homosexuality in Kenya through the new law comes barely three months after more than 300 LGBTQ refugees at Kakuma camp launched an online signature collection initiative to petition the authorities to stop discrimination, torture and mistreatment.
In the petition, the group decries rampant incidents of brutal attacks in the camp that have left them with “deep wounds and scars” that often result in disability and death for some victims.
“As refugees who have sought safety and refuge from conflict and persecution, we should not have to endure further suffering and discrimination within the confines of the camp. Yet, this is the reality for many of us,” reads the petition.
The group also laments police brutality and mistreatment, even though they are supposed to protect them like other refugees regardless of their sexual orientation.
“This has led to a climate of fear and insecurity within the camp, where we are unable to live freely and openly as members of the LGBTIQ+ community. We are tired of living in fear and we demand an end to these injustices,” it reads.
The proposed Family Protection Bill, 2023, has sparked mixed reactions from Kenyans, with some supporting it and others opposing it for infringing and undermining other people’s rights.
“A very human plea to a Kenyan MP who’s pushing an agenda of hate against a section of Kenyans. I live for the day we’ll see all humans as persons deserving to be treated with dignity and love, and not be victimized for who they are, how they live, and who they love,” Lukoye Atwoli, a celebrated Kenyan scientist and dean, said.
He argued that it is not his or anyone’s duty to police consenting adults in a consensual same-sex relationship. The MP who sponsored the Family Protection Bill, 2023, however, holds that whatever consenting adults in same-sex relationships do in private affects the entire society.
“Same-sex sexual acts and unions are sterile by nature,” Kaluma said. “If tolerated or supported and propagated, would lead to the extinction of the human race.”
The legislator joined other anti-LGBTQ African MPs in Kampala, Uganda, early this month to champion so-called family values. They demanded fresh scrutiny and repeal of international laws used by individuals and organizations that push the “anti-African cultural agenda.”
The proposed Kenyan law seeks to limit several constitutional rights and freedoms in restricting LGBTQ practices and associated activities in the country.
It would impose a jail term of not less than five years on people found guilty of assembling, picketing, promoting, or supporting LGBTQ-specific activities. The bill also seeks to limit the right to information by restricting the media from publishing or broadcasting LGBTQ-specific content and would ban the recognition or registration of any LGBTQ group or organization in Kenya.
This provision is in response to the Kenyan Supreme Court’s controversial ruling in February that allowed the National Gay and Lesbian Human Rights Commission to register a non-governmental organization.
The ruling attracted criticism from religious leaders and government officials including President William Ruto, who has instructed the attorney general to challenge the court’s decision for violating the country’s laws and morality.
With the Family Protection Bill, 2023, the country now joins Uganda whose MPs in March passed a bill that would criminalize anyone who identifies as LGBTQ with life imprisonment amid international criticism. President Yoweri Museveni has returned it to Parliament for further consideration before he signs it.
Embattled U.S. Rep. George Santos (R-N.Y.) last month introduced a bill that would ban U.S. foreign aid to countries that criminalize LGBTQ people.
Ghana
Ghanaian lawmakers approve anti-LGBTQ bill
Measure that would criminalize allyship awaits president’s signature
Ghanaian lawmakers on Friday approved a bill that would, among other things, criminalize LGBTQ allyship.
Reuters reported MPs approved the Human Sexual Rights and Family Values Bill, 2025, in a voice vote after parliament’s Constitutional and Legal Affairs Committee backed it.
MPs in 2024 approved a similar bill, but it faced legal challenges and then-President Nana Akufo-Addo didn’t sign it. Lawmakers last year reintroduced the measure after President John Dramani Mahama took office.
The bill awaits his signature.
Rightify Ghana, a Ghanaian LGBTQ advocacy group, in a series of social media posts notes MPs passed the bill days before the 4th African Inter-Parliamentary Conference on Family Values and Sovereignty will take place in Accra, the country’s capital.
Kenya
Kenyan High Court issues landmark transgender rights ruling
Government ordered to allow trans people to amend ID documents
Kenya’s High Court has ruled the country’s government cannot refuse requests to amend gender markers on birth certificates and other ID documents.
Audrey Mbugua, a prominent transgender activist, and two other people in 2020 sued Attorney General Dorcas Oduor, the Registrar of Births and Deaths, the National Registration Bureau, and Immigration Services Director General Evelyn Cheluget after they did not receive amended birth certificates.
The Washington Blade previously reported the three plaintiffs argued documents that do not correspond with their gender identity “has denied them opportunities and rights.” Oduor, for her part, in response to the plaintiffs’ claims argued “a person’s gender is based on fact — not feelings — and the plaintiffs at birth were registered and named based on their gender status.”
High Court Justice Bahati Mwamuye ruled on May 20.
“The silence and delay cannot defeat rights,” ruled the court, according to the Daily Nation, a Kenyan newspaper. “Constitutional rights cannot be delayed over administrative convenience.”
The court in 2014 ordered the Kenya National Examinations Council to change Mbugua’s name on her academic diplomas and to remove the male gender marker from them.
Kenya’s intersex rights law took effect in 2022. The government in February 2025 announced intersex people can receive birth certificates with an “I” gender marker.
The Daily Nation notes Mwamuye ordered the Registrar of Deaths and Births and other government agencies to “begin receiving and considering applications for gender-marker changes within” 60 days.
“Access to legal identity documentation is not just a human rights issue; it is a foundational pillar of socio-economic inclusion,” said the Initiative for Equality and Non-Discrimination, a Kenyan advocacy group, in response to the ruling. Without accurate IDs or passports, individuals face severe barriers to employment, financial systems, global business travel, and participation in governance and democratic processes.”
“This ruling marks a critical step forward in reducing administrative discrimination and fostering an inclusive environment where every Kenyan citizen’s legal identity aligns with their dignity,” added INEND.
Outright International, a New York-based global LGBTQ and intersex advocacy group, in a statement described Mwamuye’s ruling as “a meaningful shift towards aligning Kenya’s legal framework with constitutional guarantees of equality, privacy, and human dignity. Outright International also applauded Mbugua and other activists who fought for this change.
“Today, we celebrate a milestone — one achieved through resilience, solidarity, and an unwavering belief in justice,” said the group. “Outright International stands with transgender and intersex Kenyans in honoring this victory and reaffirming our commitment to advancing rights, recognition, and equality for all.”
Ghana
Intersex lives, constitutional freedom, and the dangerous future of Ghana’s Human Sexual Rights and Family Values Bill
Lawmakers continue to consider draconian measure
There is a dangerous silence surrounding intersex lives in Ghana — a silence shaped by fear, misinformation, cultural misunderstanding, and institutional neglect. Today, amid discussions around the possible passage of the Human Sexual Rights and Family Values Bill, 2025, that silence risks becoming law, reinforcing exclusion and deepening the marginalization of already invisible lives.
Much of the national debate surrounding the bill has focused on LGBTQ+ identities. Yet buried within it are implications for intersex persons that many Ghanaians do not fully understand because intersex realities remain largely invisible.
Intersex persons are born with natural variations in chromosomes, hormones, reproductive anatomy, and/or genital characteristics that do not fit typical definitions of male or female bodies. Intersex is not a sexual orientation or gender identity. It is a biological reality. Ghana’s Commission on Human Rights and Administrative Justice (CHRAJ) has clearly acknowledged this distinction.
Despite this distinction, the bill mistakenly collapses intersex realities into a legal framework linked to LGBTQ+ criminalization.
Although the bill contains only limited references to intersex persons, under certain medical exceptions, these references do not amount to recognition or protection. Instead, they frame intersex bodies as abnormalities requiring regulation, correction, and institutional management. This approach is inconsistent not only with Ghana’s constitutional guarantees of dignity, equality, privacy, and liberty, but also with emerging African and international human rights standards. The African Commission on Human and Peoples’ Rights Resolution on the Promotion and Protection of the Rights of Intersex Persons in Africa – ACHPR/Res.552 (LXXIV) 2023 affirms protections relating to bodily integrity, dignity, freedom from discrimination, and against harmful medical practices. Additionally, the United Nations has repeatedly condemned medically unnecessary and non-consensual interventions on intersex children. Rather than affirming the humanity and autonomy of intersex persons, the bill risks legitimizing systems of surveillance, coercion, violence, and institutional erasure.
This is not protection.
It is managed erasure.
A child born intersex in Ghana already enters a society shaped by secrecy and stigma. Families are often pressured to hide intersex children or seek “correction” to make their bodies conform to social expectations.
The bill risks intensifying this pressure.
Clause 17 creates space for “approved service providers” to support interventions relating to intersex persons, yet offers little protection around informed consent, bodily autonomy, confidentiality, or coercive treatment. Under the language of “correction” or “support,” harmful interventions may become normalized.
The intersex community has documented painful lived experiences of intersex Ghanaians that reveal the devastating consequences of stigma and invisibility.
One heartbreaking case involved intersex twins born in Ghana’s Eastern Region in 1993, who were repeatedly forced to move from village to village because of rejection and ridicule. After losing their father, their main source of protection and support, they became even more vulnerable and reportedly experienced severe emotional distress, including suicidal thoughts linked to years of stigma and exclusion. This is what invisibility looks like in practice.
Another painful example is the story of Ativor Holali, whose lived experience exposed the cruel realities intersex persons face in sports and public life. Ativor Holali endured invasive scrutiny, public humiliation, and social suspicion because her body did not conform to rigid expectations of femininity. Rather than being protected as a Ghanaian athlete deserving dignity and privacy, she became the subject of speculation, gossip, and institutional discomfort.
Her experience reflects a broader social crisis: when society insists that every body must fit a narrow binary definition, intersex people are forced to defend their humanity in spaces where dignity should already be guaranteed.
Intersex Persons Society Of Ghana (IPSOG)’s Ŋusẽdodo research further revealed that approximately 70 percent of intersex respondents reported depression, anxiety, trauma, or severe emotional distress linked to medical mistreatment, family rejection, bullying, and social exclusion.
The bill risks transforming these existing prejudices into institutional policy. Several provisions risk deepening surveillance, restricting advocacy, weakening confidentiality, and discouraging public education around intersex realities. Intersex-led organizations providing healthcare guidance, legal referrals, psychosocial support, and community services may face serious challenges.
This places IPSOG and other intersex-led organizations in Ghana at serious risk.
For many intersex Ghanaians, these spaces are not political luxuries.
They are survival mechanisms.
Governments derive legitimacy by protecting the natural rights of all persons, including dignity, liberty, bodily autonomy, and freedom from arbitrary interference. The bill raises concerns because it risks weakening these protections for intersex persons through surveillance, coercive interventions, and restrictions on advocacy.
Ghana’s Constitution declares that “the dignity of all persons shall be inviolable.” Articles 15, 17, 18, and 21 specifically protect dignity, equality, privacy, expression, and freedom of association. These protections should apply equally to intersex persons.
Intersex persons are not threats to Ghanaian culture.
Intersex children are not moral dangers.
Intersex bodies are not political weapons.
They are human beings deserving dignity, healthcare, safety, and constitutional protection.
The true measure of a democracy is how it protects those most vulnerable to exclusion. At this moment, Ghana faces a choice: deepen fear and silence, or uphold dignity, bodily autonomy, and constitutional freedom for intersex persons.
History will remember the choice we make.
Fafali Delight Akortsu is the founder and president of the Intersex Persons Society of Ghana (IPSOG).
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