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Africa

Anti-LGBTQ crackdown worsens in Tanzania

Muharami Hassan Nayonga this year received 30-year prison sentence for anal sex

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Less than two months after Muharami Hassan Nayonga received a 30-year prison sentence for engaging in anal sex, the Tanzanian government is seemingly intensifying its crackdown on the country’s LGBTQ and intersex community.

Nayonga’s case is not the first of its kind in the East African country. Several LGBTQ and intersex people often find themselves in a similar situation, but their cases do not make headlines because of opposition to LGBTQ and intersex rights in the country.

Police in 2018 raided a party and arrested 10 men on suspicion they were gay.

“LGBTQI+ individuals cannot freely assemble, associate or express themselves publicly out of fear of identification, arrest, and discrimination or violence by police or family members,” reads the U.S. State Department’s 2022 human rights report.

LGBT Voice Tanzania, an LGBTQ and intersex rights organization in the country, says LGBTQ and intersex people who are currently behind bars face very harsh treatment from law enforcement officials. 

“Unfortunately, life for LGBTQIA people in Tanzania has only become more difficult because of the backwards leaders. These politicians have created a nightmare for all of us, simply for expressing our identity. They have stripped us of our Constitutionally protected freedoms,” said LGBT Voice Tanzania. “The pain and agony of the LGBTQIA people suffering in police custody in Tanzania is not just their own but is felt by the entire LGBTQIA community.” 

The advocacy group further noted Tanzania is among the unfriendliest countries for those who identify as LGBTQ or intersex, with harsh penal laws and entrenched community and institutional bias and discrimination.

Millions of LGBTQ and intersex people in Tanzania also lack access to quality health care that includes HIV prevention, treatment and support, because of prejudice based on gender identity and sexual orientation. There is also an unprecedented increase in street drug use, and sex work to buy them, among LGBTQ and intersex youth who have been kicked out of their homes.

The crackdown in Tanzania is also being fueled by what is happening in Uganda, Kenya and neighboring countries. (Ugandan President Yoweri Museveni in May signed his country’s Anti-Homosexuality Act that contains a death penalty provision for “aggravated homosexuality.” Kenyan lawmakers have proposed a similar measure.) 

Some Tanzanian legislators are also pushing for a new anti-homosexuality law that would impose harsher penalties for those who enter into same-sex relationships. These lawmakers and religious leaders have argued such a statute would help ensure the promotion of so-called African values among young people and will ensure the country’s cultural heritage is protected.

Festo Sanga, an MP who represents Makete, said half of the country’s lawmakers would identify as LGBTQ or intersex in five decades if the bill does not become law quickly.

“We need to act now for the future of the country. In 50 years to come, we may find ourselves with leaders of the same nature, in fact, it won’t just stop there in the Parliament, but we may find them in mosques and churches as imams and priests,” said Sanga. “Let’s act now, we shouldn’t wait, this isn’t African culture, it is neither our morals nor our values, our holy books, the Quran and the Bible, both reject it. We need to protect our children, because if we fail now, then we are going to have gay leaders.”

The prospective anti-homosexuality bill, which is set to include the death penalty has not yet been formally debated in Parliament.

Consensual same-sex sexual relations are already criminalized in Tanzania under Section 154 of Chapter 16 of the country’s Criminal Code that addresses “unnatural offenses.” Those who are convicted of violating the law face between 30 years and life in prison.

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Ghana

Ghanaian lawmakers approve anti-LGBTQ bill

Measure that would criminalize allyship awaits president’s signature

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Ghanaian flag (Public domain photo from Pixabay)

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.

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Kenya

Kenyan High Court issues landmark transgender rights ruling

Government ordered to allow trans people to amend ID documents

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(Image by Bigstock)

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.” 

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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

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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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