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Malawi Constitutional Court considers LGBTQ, intersex rights cases

Homosexuality remains criminalized in African country

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(Bigstock photo)

Malawi’s LGBTQ and intersex community is awaiting for the outcome of two cases currently before the Constitutional Court that could see the legalization of same-sex sexual relations in the country.

The Constitutional Court is currently considering two cases that Wim Akster, a Dutch national, and Jana Gonani, a local transgender woman from Mangochi, brought in order to acknowledge the rights of the LGBTQ and intersex community.

The Constitutional Court on Monday began to hear arguments brought in by the duo’s lawyers as well as state prosecutors. The cases have been adjourned to Aug. 28.

Several religious leaders — including Muslim and Christian — as well as government officials took to the streets of Blantyre, where the cases are being heard, before the hearings began and demonstrated against the legalization of same-sex marriages.

Three local LGBTQ and intersex rights activists during a Zoom meeting that Victor Mukasa, a Malawian human rights activist organized, condemned the demonstrations that were still taking place on Tuesday. The activists said they were sending the wrong narrative to the general public.

“Do they really understand the outcry of LGBT people? We are trying to have an inclusive environment. All these demonstrations have caused panic because all of the LGBT community in Malawi has been pushed back, way back to the primitive laws where they cannot now access amenities. So, my worry now is whatever is happening right now has the hand of the government behind it,” said Solum Ntogolo, a program officer for the Center for Development of People.

Eric Sambisa, director of Nyasa Rainbow Alliance, noted the Malawi Human Rights Commission and other human rights organizations remain silent. He also said LGBTQ and intersex Malawians cannot seek protection in the country and pointed out even the country’s media is against them. 

“We don’t have any funding to inform the public about this case because the case before the court is not about the legalization of same-sex marriages but about human rights issues, being accorded the same rights like every citizen,” said Sambisa. “Furthermore, we are going through a difficult time because accessing social amenities is now very difficult. Even the police are not attending to our cases. Our offices were ransacked last month by unknown assailants and the police are not doing anything even us activists we are being attacked.” 

Ousman Kennedy, a lawyer and human rights activist, said he only wanted to comment on the facts presented in the cases.

“We can’t comment on the case itself but I will comment on the facts,” said Kennedy. “The first case is about a trans woman who was arrested in 2021 September in Mangocha. She went through an unconsented genital verification exercise by a male officer in Mangocha. She was also placed in a male cell and sent to a hospital to confirm whether she was mentally challenged as identifying as trans was a sign of insanity in the eyes of the police and the second case is about acknowledging the rights of the LGBTQ+ community. So, it’s about constitutional violation because the constitution guarantees the right of liberty to everyone.” 

“Moreover, what happens between two people in their personal or private space should not be the business of the state,” he added. “The state has serious issues to deal with such as corruption and other pertinent issues like the fuel crisis, not dealing with things that concern the general public. What is happening to the LGBTQ+ community in Malawi is unconstitutional.” 

Kennedy also said the demonstrations that have been taking place show the government is against the LGBTQ and intersex community.

“We were surprised to see the Information Minister being part of the religious demonstrations what kind of message is it sending to the people? So to us, the government is supporting these religious leaders,” he said.

Malawian law currently criminalizes consensual same-sex sexual relations with up to 14 years in prison.

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Egypt

Iran, Egypt object to playing in Seattle World Cup ‘Pride Match’

Game to take place on June 26

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(Photo by fifg/Bigstock)

Iran and Egypt have objected to playing in a “Pride Match” that will take place in Seattle during the 2026 World Cup.

The Egyptian Football Association on Tuesday said it told FIFA Secretary General Mattias Grafström in a letter that “it categorically rejects holding any activities related to supporting (homosexuality) during the match between the Egyptian national team and Iran, scheduled to be held in Seattle, USA, on June 26, 2026, in the third round of the group stage of the 2026 World Cup.” Football Federation Islamic Republic of Iran President Mehdi Taj told ISNA, a semi-official Iranian news agency that both his country and Egypt “protested this issue.”

The 2026 World Cup will take place in the U.S., Canada, and Mexico. The draw took place at the Kennedy Center on Dec. 5.

Iran is among the handful of countries in which consensual same-sex sexual relations remain punishable by death.

The State Department’s 2023 human rights report notes that while Egyptian law “did not explicitly criminalize consensual same-sex sexual activity, authorities regularly arrested and prosecuted LGBTQI+ persons on charges including ‘debauchery,’ prostitution, and ‘violating family values.’” Egyptian authorities “also reportedly prosecuted LGBTQI+ individuals for ‘misuse of social media.’”

“This resulted in de facto criminalization of same-sex conduct and identity,” notes the report.

The 2024 human rights report the State Department released earlier this year did not include LGBTQ-specific references.

Soccer has ‘unique power to unite people across borders, cultures, and beliefs’

The June 26 match between Iran and Egypt coincides with Seattle Pride. The Washington Post reported the Seattle FIFA World Cup 2026 Local Organizing Committee decided to hold the “Pride Match” before last week’s draw.

“As the Local Organizing Committee, SeattleFWC26’s role is to prepare our city to host the matches and manage the city experience outside of Seattle Stadium,” said SeattleFWC26 Vice President of Communications Hana Tadesse in a statement the committee sent to the Washington Blade on Wednesday. “SeattleFWC26 is moving forward as planned with our community programming outside the stadium during Pride weekend and throughout the tournament, partnering with LGBTQ+ leaders, artists, and business owners to elevate existing Pride celebrations across Washington.”

“Football has a unique power to unite people across borders, cultures, and beliefs,” added Tadeese. “The Pacific Northwest is home to one of the nation’s largest Iranian-American communities, a thriving Egyptian diaspora, and rich communities representing all nations we’re hosting in Seattle. We’re committed to ensuring all residents and visitors experience the warmth, respect, and dignity that defines our region.”

The 2034 World Cup will take place in Saudi Arabia.

Consensual same-sex sexual relations remain punishable by death in the country. The 2022 World Cup took place in neighboring Qatar, despite concerns over the country’s anti-LGBTQ rights record.

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Eswatini

PEPFAR delivers first doses of groundbreaking HIV prevention drug to two African countries

Lenacapavir now available in Eswatini and Zambia.

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World AIDS Day 2023 at the White House. PEPFAR has distributed the first doses of lenacapavir to the African countries of Eswatini and Zambia. (Washington Blade Photo by Michael Key)

The State Department on Tuesday announced PEPFAR has delivered the first doses of a groundbreaking HIV prevention drug to two African countries.

The lenacapavir doses arrived in Eswatini and Zambia.

The State Department in September unveiled an initiative with Gilead Sciences to bring lenacapavir “to market in high-burden HIV countries.”

Lenacapavir users inject the drug twice a year.

The State Department in its September announcement noted everyone who participated in Gilead’s clinical trials remained HIV negative. It also said lenacapavir “has the potential to be particularly helpful for pregnant and breastfeeding mothers, as it safely protects them during and after pregnancy to prevent mother-to-child transmission.”

“In our new America First Global Health Strategy, the Department of State is establishing a first-of-its-kind innovation fund to support American-led research, market-shaping, and other dynamic advancements in global health,” said PEPFAR on Tuesday in a press release.

“The arrivals of the first doses of lenacapavir in Eswatini and Zambia mark an important milestone in HIV prevention and reflect our commitment to supporting communities with the greatest need,” added Gilead CEO Daniel O’Day. “For the first time, a new HIV medicine is reaching communities in sub-Saharan Africa in the same year as its U.S. approval.”

The September announcement came against the backdrop of widespread criticism over the Trump-Vance administration’s reported plans to not fully fund PEPFAR and to cut domestic HIV/AIDS funding. The Washington Blade has previously reported PEPFAR-funded programs in Kenya and other African countries have been forced to curtail services or even close because of U.S. funding cuts.

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Botswana

The first courageous annual Palapye Pride in Botswana

Celebration was a beginning rooted in courage, community, and love.

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The first Palapye Pride took place in Palapye, Botswana, on Nov. 1, 2025. (Photo courtesy of the AGANG Community Network)

“When the sun rose on 1 Nov., 2025, Pride morning in Palapye, the open space where the march was scheduled to begin was empty. I stood there trying to look calm, but inside, my chest felt tight. I was worried that no one would come. It was the first-ever Pride in Palapye, a semi-urban village where cultural norms, religious beliefs, and tradition are deeply woven into everyday life.

I kept asking myself if we were being naive. Maybe people weren’t ready. Perhaps fear was going to win. For the first 30 minutes, it was me, a couple of religious leaders and a handful of parents. That was it. The silence was loud, and every second felt like it stretched into hours. I expected to see the queer community showing up in numbers, draped in color and excitement. Instead, only the wind was moving.

But slowly, gently, just like courage often arrives, people started to show up with a rainbow flag appearing from behind a tree and a hesitant wave from someone standing at a distance.

That’s when I understood that people weren’t late, just that they were afraid. And their fear made sense. Showing up openly in a small community like Palapye is a radical act. It disrupts silence. It challenges norms. It forces visibility. Visibility is powerful, but it is never easy. We marched with courage, pulling from the deepest parts of ourselves. We marched with laughter that cracked through the tension. We marched not because it was easy, but because it was necessary,” narrates activist Seipone Boitshwarelo from AGANG Community Network, which focuses on families and friends of LGBTIQ+ people in Botswana. She is also a BW PRIDE Awards nominee for the Healing and Justice Award, a category which acknowledges contributions to wellness, mental health, and healing for the LGBTIQ+ community across Botswana.

Queer Pride is Botswana Pride!

Pride is both a celebration and a political statement. It came about as a response to systemic oppression, particularly the criminalization and marginalization of LGBTIQ+ people globally, including in Botswana at some point. It is part of the recognition, equality, and assertion of human rights. It also reminds us that liberation and equality are not automatically universal, and continued activism is necessary. A reminder of the famous saying by Fannie Lou Hamer, “Nobody is free until everybody’s free.”

The 2023 Constitutional Review process made one thing evident, which is that Botswana still struggles to acknowledge the existence of LGBTIQ+ people as full citizens. Instead of creating a democratic space for every voice, the process sidelined and erased an entire community. In Bradley Fortuin’s analysis of the Constitutional review and its final report, he highlighted how this erasure directly contradicts past court decisions that explicitly affirmed the right of LGBTIQ+ people to participate fully and openly in civic life. When the state chooses to ignore court orders and ignore communities, it becomes clear that visibility must be reclaimed through alternative means. This is why AGANG Community Network embarked on Palapye Pride. It is a radical insistence on belonging, rooted in community and strengthened through intersectionality with families, friends, and allies who refuse to let our stories be erased.

Motho ke motho ka batho!

One of the most strategic decisions made by the AGANG Community Network was to engage parents, religious leaders, and local community members, recognizing their value in inclusion and support. Thus, their presence in the march was not symbolic, but it was intentional.

Funding for human rights and LGBTIQ+ advocacy has been negatively impacted since January 2025, and current funding is highly competitive, uneven and scarce, especially for grassroots organizations in Botswana. The Palapye Pride event was not funded, but community members still showed up and donated water, a sound system, and someone even printed materials. This event happened because individuals believed in its value and essence. It was a reminder that activism is not always measured in budgets but in willingness and that “motho ke motho ka batho!” (“A person is a person because of other people!”).

Freedom of association for all

In March 2016, in the the Attorney General of Botswana v. Rammoge and 19 Others case, also known as the LEGABIBO registration case, the Botswana Court of Appeal stated that “members of the gay, lesbian, and transgender community, although no doubt a small minority, and unacceptable to some on religious or other grounds, form part of the rich diversity of any nation and are fully entitled in Botswana, as in any other progressive state, to the constitutional protection of their dignity.” Freedom of association, assembly, and expression is a foundation for civic and democratic participation, as it allows all citizens to organize around shared interests, raise their collective voice, and influence societal and cultural change, as well as legislative reform.

The Botswana courts, shortly after in 2021, declared that criminalizing same-sex sexual relations is unconstitutional because they violated rights to privacy, liberty, dignity, equality, and nondiscrimination. Despite these legal wins, social stigma, cultural, and religious opposition continue to affect the daily lived experience of LGBTIQ+ people in Botswana.

The continuation of a declaration

AGANG Community Network is committed to continuing this work and creating safe and supportive spaces for LGBTIQ+ people, their families, friend, and allies. Pride is not just a day of fun. It is a movement, a declaration of queer existence and recognition of allyship. It is healing and reconciliation while amplifying queer joy.

Seipone Boitshwarelo is a feminist, activist, social justice healer, and founder of AGANG Community Network. Bradley Fortuin is a social justice activist and a consultant at the Southern Africa Litigation Center.

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