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Report: Anti-LGBTQ discrimination has cost East African countries billions

Open for Business highlights Kenya, Uganda, Tanzania, and Rwanda

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The economies of four East African countries are losing more than $5 billion a year because of discrimination against LGBTQ people.

The 80-page report that Open for Business, a coalition of leading global organizations that champion LGBTQ inclusion, released in late March focuses on Kenya, Uganda, Tanzania, and Rwanda. It attributes the losses to anti-homosexuality laws, and predicts more economic costs if lawmakers implement other harsh anti-LGBTQ measures.

The report notes Uganda is losing $2.4 billion, or 5.2 percent of its GDP, annually because of the Anti-Homosexuality Act that took effect in 2023. Open for Business last October revealed the country had already lost $1.6 billion in foreign direct investment, donor aid, trade, tourism, public health and productivity after President Yoweri Museveni signed the law.

Kenya is losing $1.5 billion, or 1.38 percent of its GDP.

The report warns that enacting the pending Family Protection Bill would cost the country an additional $6.3 billion, or 5.8 percent of its GDP, annually. Opposition MP Peter Kaluma, who has introduced the measure, in January claimed the Biden-Harris administration had blocked it and vowed to have fellow MPs pass it after U.S. President Donald Trump’s inauguration.

Kaluma is a strong supporter of Trump and the Republican Party’s opposition to LGBTQ rights and other far-right conservative ideologies.

Tanzania is losing $1.1 billion, or 1.33 percent of its GDP, because of anti-LGBTQ discrimination. Rwanda is losing $45 million, or .32 percent of its GDP.

Homosexuality is not illegal in Rwanda unlike the other three countries, but consensual same-sex sexual relationships remain taboo. Queer Rwandans also face stigma, discrimination, social exclusion, and arbitrary detention.

“A series of private member bills in Uganda, Kenya, and Tanzania have threatened to pull the region back in terms of progress and human rights for LGBTQ+ people, and damage both the ease of doing business and their international reputation,” states the Open for Business CEO Dominic Arnall.

Arnall notes his organization’s extensive engagement with businesses across East Africa over the last five years has always linked harmful anti-LGBTQ laws to impacts on a country’s investment prospects.

“The finding lays bare an uncomfortable truth: That laws that harm the LGBTQ+ community are standing in the way of prosperity and growth for all citizens in the region,” he said.  

The report calls for LGBTQ inclusion as part of the region’s broader economic development agenda.

The Open for Business report notes anti-gay violence and discrimination in Tanzania has been on the rise since the late-President John Magufuli came to power in 2015. The country’s punitive anti-homosexuality law with a 30-year prison sentence for consensual same-sex sexual relations was already in place, but queer Tanzanians were generally not systematically targeted.

“Reporting of neighbors or community members for suspected homosexuality is frequent and law enforcement officers have been known to pose as members of the LGBTQ+ community to entrap and blackmail LGBTQ+ individuals,” states the report.  

It also notes the Tanzanian government’s crackdown on websites and social media accounts that promote LGBTQ rights and threatening the arrests of administrators who allow such content. The report concludes this suppression has caused queer people to live in fear and isolation.

Religious organizations, particularly Christian churches in Tanzania, also champion anti-LGBTQ rhetoric by encouraging their followers against tolerating homosexuality and transgender people. Politicians, meanwhile, use anti-LGBTQ narratives to gain support during campaigns.

While Rwanda stands out as the only East African country in which homosexuality is not criminalized and has foreign donors implementing programs that target the queer community, discussing LGBTQ rights in public is rare and same-sex relationships are not legally recognized. The Open for Business report notes this situation creates legal ambiguity and a fragile social environment for queer Rwandans.

“Several LGBTQ+ rights organizations have emerged in recent years, mostly in Kigali, although they do not always identify themselves as LGBTQ+ associations and are rarely formally registered, making it difficult for them to receive funding,” reads the report.

The Rwandan government has rejected calls to criminalize homosexuality, which it considers a “private matter.” It has also been adamant against efforts to protect queer people for fear of domestic opposition and a desire not to politicize the issue like in neighboring countries.

Kenya, like Rwanda, has for a long time been considered more receptive of queer people, “as long as LGBTQ members are not ‘too loud.’”

Anyone convicted under Kenya’s colonial-era sodomy law could face up to 14 years in prison. Efforts to enact a harsh anti-homosexuality law and anti-LGBTQ protests that religious leaders, politicians, and activists have organized have increased homophobia in the country.

“LGBTQ individuals report significant difficulties in securing formal employment, which pushes many of them into more precarious livelihoods in the informal sector,” states the report.

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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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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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