Africa
Mauritius decriminalizes homosexuality
Country’s colonial-era sodomy law declared unconstitutional
The Mauritius Supreme Court on Wednesday declared Article 250 of the country’s penal code that criminalized consensual same-sex sexual relations unconstitutional.
The Young Queer Alliance, RekonekT, Collectif Arc-en-Ciel and other advocacy groups over the last couple of years have fought hard to decriminalize homosexuality in the country.
Abdool Ridwan Firaas (Ryan) Ah Seek, a gay man and prominent LGBTQ activist, in October 2019 filed a lawsuit that sought to strike down the penal code. His legal team included lawyers Gavin Glover, Yanilla Moonshira and Komadhi Mardemootoo. Human Dignity Trust and the organization’s founder, Tim Otty, and Herbert Smith Freehills supported the case.
“It has been a long battle and receiving this judgment in my favor is an enormous relief,” said Seek. “From today, as a citizen and a human being, I am now free to love whoever I want without fear. Above all, it also means that the next generations can fully and freely embrace their sexuality without fear of being arrested.”
LGBTQ Mauritians consistently face verbal harassment and even physical attacks from the community and religious sector, even though authorities rarely arrested anyone under Article 250 before the ruling.
Anjeelee Beegun of RekonekT said the Supreme Court ruling ensures everyone’s human rights are respected, regardless of their sexual orientation.
“Today the Supreme Court finally recognized that Section 250 of the penal code violates the fundamental human rights guaranteed by the constitution,” said Beegun. “More importantly, the Supreme Court has stated in clear terms that the constitution, which is the supreme law of the land, protects us from discrimination on the basis of sexual orientation.”
Beegun further described the ruling as a historic moment for LGBTQ Mauritians, noting the penal code is a legacy from the country’s colonial past.
“We can finally break free from the shackles of a centuries’ old law which, despite being a remnant of the country’s colonial past, continued to feed into the stigma and hate against LGBTQIA+ people in present days,” said Beegun.
“The LGBTQIA+ community in Mauritius continues to face numerous challenges, but the decriminalization of same-sex intimacy is paramount to the full inclusion of LGBTQIA+ people,” added Beegun. “This judgment is a huge leap forward in the right direction and will hopefully inspire the community to continue fighting for equality and dignity.”
Young Queer Alliance said the existing penal code violated the constitution.
“Section 250 of the criminal code is unconstitutional and violates Section 16 of the constitution in so far as it prohibits consensual acts of sodomy between consenting male adults in private and should accordingly be read to exclude such consensual acts from the ambit of Section 250,” said the group in a social media post.
Human Dignity Trust Chief Executive Téa Braun said the ruling was long overdue.
“Another 8-year effort comes to a gloriously decisive victory for equality and justice,” said Braun.
Collectif Arc-en-Ciel Vice President Dimitri Ah-Yu commended Seek for his endurance and perseverance in the case.
“This is an historic day for our organization and the entire LGBT community in Mauritius,” said Ah-Yu, noting Section 250 dates back to 1838. “We salute Ryan Ah Seek for his courage and the Supreme Court for choosing inclusion and human rights over conservatism and reprobation. At Collectif Arc-en-Ciel, we believe that it should be a collective responsibility to stand against discrimination and defend fundamental human rights.”
Angola, Botswana, Mozambique and South Africa are among the other countries in southern Africa that have decriminalized consensual same-sex sexual relations. The Mauritius Supreme Court issued its ruling roughly two months after a Pan Africa ILGA conference took place in the country.
Niger
Niger recriminalizes homosexuality
Country’s military junta announced new penal code took effect June 12
Niger is the latest African country to recriminalize consensual same-sex sexual relations.
The Associated Press on June 12 reported the country’s military junta announced a new penal code under which anyone who “commits or attempts to commit an immodest or unnatural act or practices lesbian, gay, bisexual, transgender, queer, intersex, asexual (LGBTQIA+) acts” will face between five and 10 years in prison and a fine.
“This same penalty is applicable to persons who officiated the marriage, to the witnesses of the alleged spouses, as well as to persons who have given their consent for the celebration of the marriage and to the organizers,” reads the new code that took effect on June 11.
Niger borders Nigeria, Benin, Burkina Faso, Mali, Algeria, Libya, and Chad.
The AP notes homosexuality had not been criminalized in Niger. Anti-LGBTQ stigma, however, was widespread.
Lawmakers in Burkina Faso last September recriminalized homosexuality in the country. Senegalese President Bassirou Diomaye Faye on March 31 signed into law a bill that increased the penalty for anyone convicted of engaging in consensual same-sex sexual relations from one to five years in prison to five to 10 years.
Ghanaian lawmakers late last month approved a bill that would, among other things, criminalize LGBTQ allyship.
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.”
