Africa
Eswatini Supreme Court rules government must allow advocacy group to register
Registrar of Companies in 2019 denied organization’s request
The Eswatini Supreme Court on June 16 ruled the government must allow an LGBTQ and intersex rights organization to legally register.
The Registrar of Companies in 2019 denied Eswatini Sexual and Gender Minorities’s request on grounds it advocates for LGBTQ and intersex rights that are illegal.
Eswatini Sexual and Gender Minorities in 2020 petitioned the Supreme Court to hear their case. Eswatini Sexual and Gender Minorities in 2022 appealed a ruling that dismissed it.
“Once again, the judiciary has reminded the executive branch of government and its functionaries of the importance of Section 33 of the Constitution,” said Melusi Simelane, who filed the case on behalf of Eswatini Sexual and Gender Minorities, in a statement. “This is a monumental judgement and a constant reminder to the executive to exercise its powers with restraint and pay close attention to the rights and liberties of every citizen. We now hope the minister will make a decision that will be remembered in history as protecting the rights of the marginalized LGBTIQ+ citizens of Eswatini without prejudice.”
The ruling directs the government to respond to the group’s request within 60 days.
Africa
African leaders once again trade African family values for American family values
Anti-LGBTQ conference backed by US-based groups took place this month in Ghana
At the moment, some religious and political leaders in Africa are pushing for a charter on family values, lobbying lawmakers, African state institutions, and the African Union to formally adopt it. In the past number of years, they have been holding conferences across Africa with the support and funding of Western religious donors who, in their own countries, are definitely perceived as racist, hateful, and against women. Most recently, they convened the African Regional Interparliamentary Conference on Family Values and Sovereignty in Accra, Ghana. All this raises critical questions about foreign influence and agendas. At this critical time, when Africa faces so many problems, why do people insist on pushing an agenda that is neither ours nor relevant to our prosperity?
The African leaders who claim to protect African family values and sovereignty, unsurprisingly, exhibit traits similar to those of the historical enslavers and similar collaborators. Contrary to what they claim as “pushing back against foreign influence on the African family” and the infamous sovereignty claims, it has been proven that these leaders are directly linked and backed by the conservative “foreign” groups, including the U.S.-based hate organization, Family Watch International, which is closely linked to the anti-rights authors of Trump’s Project 2025, Heritage Foundation; and the Netherlands-based Christian nationalist organization, Christian Council International, another group closely linked to organizations supporting the Trump administration and its continued hate-based policies and atrocities. One might even argue that they serve these groups, their mandates, and their Western agenda, instead of what they want African people to believe: that they are doing this for the good and prosperity of Africa and its sovereignty. The truth, however, is that their so-called African values, culture, traditions, etcetera, could not be further removed from true African cultural values but instead mimic those outlined in America’s Project 2025. Meanwhile, the very same people who are pushing for these family values under Project 2025 are the very same people pushing for the exploitation of Africa’s natural resources, without any care for the impact their actions have on African people and their livelihoods. Adopting their policies verbatim in Africa and claiming them as our own could easily be seen as counterintuitive and self-betrayal.
Africa’s rich history of family, diversity, womanhood, and matriarchy is too beautiful to erase. Africans, especially women and girls, deserve to know about the likes of Queen Modjadji of the Balobedu people, a fierce leader who is traditionally believed to have rainmaking abilities and notably a distinctively matriarchal dynasty where the reign is passed down from woman to woman, from mother to daughter; or Queen Nzinga of modern-day Angola, who led an army that resisted and fought against the Portuguese colonizers. Queer folks and African spiritualists alike deserve to know how women and gender diverse persons held some of the highest spiritual positions in society, like Mbuya Nehanda of Zimbabwe, who was a deeply respected spirit medium and a leader of the resistance against early colonial rule in Zimbabwe, and the transgender priests, the respected agule and okule, female-to-male and male-to-female shamans of the Lugbara, now the Democratic Republic of Congo and Uganda, who led spiritual ceremonies. Even though the mudoko dako of the Langi people in Uganda were known to have been assigned male at birth, they were recognized as a distinct gender that was allowed to marry men. Africans must also know about woman-to-woman marriages that existed in pre-colonial Africa, which, according to research and oral histories, were recognised and served various purposes, from economic and social functions to lineage preservation. Similar practices include those from the Bapedi and Balobedu cultures, ngwetsi ya lapa, which still exists today, where a woman is married into a family or household to raise an heir for the family or to continue the family name, not necessarily the lineage.
As well-intentioned as it may appear, evidence suggests that the African leaders’ draft charter, because of its existing ties to Western ultraconservative partnerships, is neither original nor in good faith. The pace at which they have been moving and their true subsequent agenda should indisputably be questioned and criticised. Regardless of the inclusion of desirable language and terms such as minerals sovereignty and the Ubuntu philosophy, beneath the surface, the charter does not truly reflect these concepts. The charter, instead, does a disservice to African people by misrepresenting Africa’s diversity and disregarding its history as it relates to the diversity of families. The West has no business drafting or helping draft African legislation, especially if the whole of Africa is at risk of their negative impact. One would think the common goal would be to address bread-and-butter issues, such as poverty, unemployment, diseases, and health, to name but a few, instead of pushing the distractive agenda of those responsible for robbing Africa in the first place. No single group is the sole custodian of African knowledge. Africa belongs to all of us, with our diverse families and values, which cannot be defined through a single, narrow lens and are instead very individual issues that will differ from family to family.
Daniel Digashu is a consultant at the Southern Africa Litigation Center (SALC). SALC promotes and advances human rights and the rule of law in Southern Africa, primarily through strategic litigation and capacity-strengthening support to lawyers and grassroots organizations.
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.
