Commentary
Legal registration of NGOs is vital for advancing human rights of LGBTQ, intersex rights in Africa
Kenya and Eswatini groups have won legal victories this year
By MULESA LUMINA, KAAJAL RAMJATHAN-KEOGH AND TANYA LALLMON | Upholding the human rights of lesbian, gay, bisexual, transgender, nonbinary, other gender diverse and intersex (LGBTQI+) people remains a pivotal human rights concern across Africa. In recent years, despite significant but sporadic victories in several African courts affirming the human rights of individual members of non-governmental organizations (NGOs) working to uphold LGBTQI+ rights, including their members’ right to freedom of association, many obstacles hinder such organizations’ ability to register with appropriate authorities in order to operate legally.
As unpacked in a webinar organized by the International Commission of Jurists, such obstacles include bureaucratic red tape, a dearth of domestic laws explicitly prohibiting discrimination based on sexual orientation, gender identity, gender expression or sex characteristics (SOGIESC) and the existence of criminal laws targeting and perpetuating discrimination against LGBTQI+ individuals. The severe anti-LGBTQI+ backlash from community and religious groups exacerbates the situation and compounds these obstacles, further undermining advocacy efforts.
The Kenyan Supreme Court in February 2023 ordered that the National Gay and Lesbian Human Rights Commission be allowed to register because the authorities’ initial decision to refuse registration was discriminatory and unconstitutional, violating the right to freedom of association solely because of the sexual orientation of the organization’s members. In June this year, the Supreme Court of Eswatini became the latest African apex court to rule in favor of registering a LGBTQI+ human rights NGO, directing the minister responsible for registering companies to reconsider his initial refusal because, procedurally, it violated the Constitution. While the Swazi Supreme Court’s ruling in the case did not necessarily rely on a clear statement upholding the human rights of LGBTQI+ people in Eswatini, this remains a welcome decision. Seven years prior, the Botswana Court of Appeal ordered the Registrar of Societies to register Lesbians, Gays and Bisexuals of Botswana (LEGABIBO) on the grounds that the refusal to register LEGABIBO as an organization was unlawful and a violation of the right to freely associate.
Still, across Africa, civil society organizations continue to oppose the denial of registration and seek redress for violations of the right to freedom of association of their members. Nyasa Rainbow Alliance (NRA), for instance, is one such organization with a pending decision in their legal quest for registration. NRA’s case is still awaiting hearing and determination by three judges of the Malawian Constitutional Court.
The right to freedom of association is a fundamental foundation of any democratic society. Exercising this right by forming and legally registering NGOs is essential for enhanced advocacy since it allows organizations to apply for funding, operate bank accounts that hold these funds, employ staff, work with international partners, and access global and regional human rights mechanisms and fora.
As noted by the African Commission on Human and People’s Rights (African Commission) in its Guidelines on Freedom of Association and Assembly in Africa, the rights to freedom of association and assembly under the African Charter “are inextricably intertwined with other rights”. Further, in the matter mentioned above the Supreme Court of Kenya also emphatically stated, “[g]iven that the right to freedom of association is a human right, vital to the functioning of any democratic society as well as an essential prerequisite [for the] enjoyment of other fundamental rights and freedoms, we hold that this is inherent in everyone irrespective of whether the views they are seeking to promote are popular or not.”
It goes without saying that human rights NGOs play a critical role in upholding democratic principles and safeguarding human rights by mobilizing collective action, holding governments accountable, offering direct assistance to victims of human rights violations, challenging discriminatory laws and policies and more. The Triangle Project, for example, is a South African NGO that has been instrumental in amplifying awareness of anti-LGTBQI+ hate crimes, influencing policy change and supporting victims.
NGOs advocating for the human rights of LGBTQI+ persons, in particular, empower and protect these oft-marginalized individuals by offering awareness-raising platforms, connecting them with key stakeholders, and providing access to resources and services that might otherwise be denied to them. During the COVID-19 lockdowns, many LGBTQI+ Africans were abruptly cut off from the NGOs that were their safe havens and sources of social and economic support. Additionally, amid increasing hostility towards LGBTQI+ persons in many African countries, including Ghana, Nigeria and Uganda, NGOs like the Initiative for Equal Rights (TIERs) and LGBT+ Rights Ghana provide crucial protective spaces.
Having legal status is also a prerequisite for holding observer status and participation in the sessions of bodies like the African Commission on Human and Peoples’ Rights. However, the withdrawal of the Coalition of African Lesbians’ observer status by the African Commission and recent denials of such status to Alternative Côte d’Ivoire, Human Rights First Rwanda, and Synergía – Initiatives for Human Rights undermine the right to freedom of association and represent missed opportunities to ensure that the human rights of marginalized groups, including LGBTQI+ persons, are placed on the African human rights agenda.
Registration of LGBTQI+ human rights organizations in Africa is more than a matter of legal formality. It can be a significant step towards bolstering advocacy and promoting human rights for all. It is truly unconscionable that, in 2023, LGBTQI+ people continue to endure violence, persecution, discrimination and bigotry amid the reignited backlash against their human rights in multiple African countries. It is essential for governments to protect the right to freedom of association by dismantling barriers to registration and working closely with these groups to realize the human rights of all people. Only through collective efforts can we build an inclusive society that is able to guarantee the right to dignity of all persons and offer protection and non-discrimination to all.
Mulesa Lumina is the Legal and Communications Associate Officer for the International Commission of Jurists’ (ICJ’s) Africa Regional Program, Kaajal Ramjathan-Keogh is ICJ Africa’s Director and Tanya Lallmon is a former ICJ Africa intern.
Commentary
Elusive safety: what new global data reveals about gender, violence, and erasure
Movements against gender equality, lack of human rights data contributing factors.
“My identity could be revealed, people can say whatever they want [online] without consequences. [Hormone replacement therapy] is illegal here so I’m just waiting to find a way to get out of here.”
-Anonymous respondent to the 2024 F&M Global Barometers LGBTQI+ Perception Index from Iraq, self-identified as a transgender woman and lesbian
As the campaign for 16 Days Against Gender-Based Violence begins, it is a reminder that gender-based violence (GBV) — both on– and offline — not only impacts women and girls but everyone who has been harmed or abused because of their gender or perceived gender. New research from the Franklin & Marshall (F&M) Global Barometers and its report A Growing Backlash: Quantifying the Experiences of LGBTQI+ People, 2022-2024 starkly show trends of declining safety among LGBTQI+ persons around the world.
This erosion of safety is accelerated by movements against gender equality and the disappearance of credible human rights data and reporting. The fight against GBV means understanding all people’s lived realities, including those of LGBTQI+ people, alongside the rights we continue to fight for.
We partnered together while at USAID and Franklin & Marshall College to expand the research and evidence base to better understand GBV against LGBTQI+ persons through the F&M Global Barometers. The collection of barometers tracks the legal rights and lived experiences of LGBTQI+ persons from 204 countries and territories from 2011 to the present. With more than a decade of data, it allows us to see how rights have progressed and receded as well as the gaps between legal protections and lived experiences of discrimination and violence.
This year’s data reveals alarming trends that highlight how fear and violence are, at its root, gendered phenomena that affect anyone who transgresses traditional gender norms.
LGBTQI+ people feel less safe
Nearly two-thirds of countries experienced a decline in their score on the F&M Global Barometers LGBTQI+ Perception Index (GBPI) from 2022-2024. This represents a five percent drop in global safety scores in just two years. With almost 70 percent of countries receiving an “F” grade on the GBPI, this suggests a global crisis in actual human rights protections for LGBTQI+ people.
Backsliding on LGBTQI+ human rights is happening everywhere, even in politically stable, established democracies with human rights protections for LGBTQI+ people. Countries in Western Europe and the Americas experienced the greatest negative GBPI score changes globally, 74 and 67 percent, respectively. Transgender people globally reported the highest likelihood of violence, while trans women and intersex people reported the highest levels of feeling very unsafe or unsafe simply because of who they are.
Taboo of gender equality
Before this current administration dismantled USAID, I helped create an LGBTQI+ inclusive whole-of-government strategy to prevent and respond to GBV that highlighted the unique forms of GBV against LGBTQI+ persons. This included so-called ‘corrective’ rape related to actual or perceived sexual orientation, gender identity, or expression” and so-called ‘conversion’ therapy practices that seek to change or suppress a person’s gender identity or expression, sexual orientation, or sex characteristics. These efforts helped connect the dots in understanding that LGBTQI+ violence is rooted in the same systems of inequality and power imbalances as the broader spectrum of GBV against women and girls.
Losing data and accountability
Data that helps better understand GBV against LGBTQI+ persons is also disappearing. Again, the dismantling of USAID meant a treasure trove of research and reports on LGBTQI+ rights have been lost. Earlier this year, the US Department of State removed LGBTQI+ reporting from its annual Human Rights Reports. These played a critical role in providing credible sources for civil society, researchers, and policymakers to track abuses and advocate for change.
If violence isn’t documented, it’s easier for governments to deny it even exists and harder for us to hold governments accountable. Yet when systems of accountability work, governments and civil society can utilize data in international forums like the UN Universal Periodic Review, the Convention on the Elimination of All Forms of Discrimination Against Women, and the Sustainable Development Goals to assess progress and compliance and call for governments to improve protections.
All may not be lost if other countries and donors fill the void by supporting independent data collection and reporting efforts like the F&M Global Barometers and other academic and civil society monitoring. Such efforts are essential to the fight against GBV: The data helps show that the path toward safety, equality, and justice is within our reach if we’re unafraid of truth and visibility of those most marginalized and impacted.
Jay Gilliam (he/him/his) was the Senior LGBTQI+ Coordinator at USAID and is a member of the Global Outreach Advisory Council of the F&M Global Barometers.
Susan Dicklitch-Nelson (she/her/hers) is the founder of the F&M Global Barometers and Professor of Government at Franklin & Marshall College.
Commentary
Second ‘lavender scare’ is harming our veterans. We know how to fix it
Out in National Security has built Trans Veterans State and Local Policy Toolkit
Seventy years after the first “lavender scare” drove LGBTQ Americans from public service, a second version is taking shape. Executive directives and administrative reviews have targeted transgender servicemembers and veterans, producing a new wave of quiet separations and lost benefits.
The policy language is technical, but the result is personal. Veterans who served honorably now face disrupted healthcare, delayed credentials, or housing barriers that no act of Congress ever required. Once again, Americans who met every standard of service are being told that their identity disqualifies them from stability.
Out in National Security built the Trans Veterans State and Local Policy Toolkit to change that. The toolkit gives state and local governments a practical path to repair harm through three measurable actions.
First, continuity of care. States can keep veterans covered by adopting presumptive Medicaid eligibility, aligning timelines with VA enrollment, and training providers in evidence-based gender-affirming care following the World Professional Association for Transgender Health Standards of Care Version 8.
Second, employment, and licensing. Governors and boards can recognize Department of Defense credentials, expedite licensing under existing reciprocity compacts, and ensure nondiscrimination in state veterans’ employment statutes.
Third, housing stability. States can designate transgender-veteran housing liaisons, expand voucher access, and enforce fair-housing protections that already exist in law.
Each step can be taken administratively within 90 days and requires no new federal legislation. The goal is straightforward: small, state-level reforms that yield rapid, measurable improvement in veterans’ daily lives.
The toolkit was introduced during a Veterans Week event hosted by the Center for American Progress, where federal and state leaders joined Out in National Security to highlight the first wave of state agencies adopting its recommendations. The discussion underscored how targeted, administrative reforms can strengthen veterans’ healthcare, employment, and housing outcomes without new legislation. Full materials and implementation resources are now available at outinnationalsecurity.org/public-policy/toolkit, developed in partnership with Minority Veterans of America, the Modern Military Association of America, SPARTA Pride, and the Human Rights Campaign.
These are technical fixes, but they carry moral weight. They reaffirm a basic democratic promise: service earns respect, not suspicion.
As a policy professional who has worked with veterans across the country, I see this moment as a test of civic integrity. The measure of a democracy is not only who it allows to serve but how it treats them afterward.
The second “lavender scare” will end when institutions at every level decide that inclusion is an obligation, not an exception. The toolkit offers a way to begin.
For more information or to access the toolkit once it is public, visit outinnationalsecurity.org/toolkit.
Lucas F. Schleusener is the CEO of Out in National Security.
Commentary
Miss Major Griffin-Gracy paved the way for today’s transgender rights revolution
The annual Transgender Day of Remembrance is Nov. 20
I’ll never forget the moment Miss Major Griffin-Gracy looked me in the eye and said, “Baby, you can’t wait for permission to exist. You take up space because you deserve to be here.” It was 2016, and I had just finished interviewing her at Northeastern University. What began as a professional encounter became something far deeper. She welcomed me into her chosen family with the fierce love that defined her life’s work.
That advice didn’t just change my perspective; it changed my life. Miss Major had an extraordinary ability to see potential in people before they saw it themselves. She offered guidance that gave permission to dream bigger, fight harder, and live unapologetically in a world that often told transgender people we didn’t belong.
Today, as we reflect on her legacy, we must remember that Miss Major didn’t simply join the transgender rights movement. She helped create it. Her activism laid the foundation for every victory we celebrate today and continues to shape how we fight for justice, dignity, and equality.
To understand her impact, we return to June 28, 1969, when a 27-year-old Black transgender woman stood her ground at the Stonewall Inn. While history often overlooks the transgender women of color at the heart of that uprising, Miss Major was there, refusing to back down when police raided the bar that night.
After Stonewall, she dedicated her life to building what became the infrastructure of liberation. When she fought that night, she wasn’t only resisting police brutality, she was declaring that transgender people, especially Black trans women, would no longer be invisible. Her message was simple: We exist. We matter. We’re not going anywhere.
Miss Major coupled courage with care. She knew that real change required systems of support. While many focused on changing laws, she focused on changing lives. Her work with incarcerated transgender women stands as one of her most powerful legacies. She visited prisons, wrote letters, sent commissary money, and made sure these women knew they weren’t forgotten. It wasn’t glamorous work, but it was transformative.
She built a model of organizing rooted in love and mutual aid communities supporting each other while demanding structural change. That approach became the blueprint for today’s transgender rights organizations, especially those centering Black trans women.
In a time when invisibility was often the safest choice, Miss Major chose visibility. She shared her story again and again, using her own life as proof of transgender resilience and humanity. Her openness created connection and understanding. People who heard her speak couldn’t ignore the truth of our existence or the strength it takes to live authentically.
Miss Major also believed leadership meant creating space for others. After our first meeting, she connected me with other activists, shared resources, and reminded me that my voice mattered. Talk to any transgender activist who came up in the last two decades, and you’ll hear a similar story. She saw something in others and nurtured it until it bloomed.
Her fingerprints are everywhere in today’s movement: in grassroots organizing, in the centering of the most marginalized voices, and in the insistence that liberation must be rooted in love and community. The victories we see (from healthcare access to broader public recognition) are built on the foundation she laid.
In one of our last conversations, Miss Major told me, “This movement isn’t about me. It’s about all of us. And it’s about the ones who come after us.” Her life reminds us that movements are sustained by love as much as protest, by the daily act of showing up for one another as much as by the marches and rallies.
As anti-trans violence rises and our rights face relentless attacks, we need Miss Major’s example more than ever. We need her fierce love, her unwavering defiance, and her belief that we deserve to take up space. Her legacy reminds us that the fight for our lives is also the fight for our joy.
This Transgender Day of Remembrance, we honor those we’ve lost and celebrate those who dared to live fully, people like Miss Major, who taught us that remembrance must come with responsibility. Her life calls us to protect one another, to build systems of care, and to keep fighting for a world where every trans person can live safely and proudly.
The mother of our movement may be gone, but the family she built lives on. The best way to honor her is to continue her work: to build, to protect, to love without limits, and to remind every trans person that they belong, they matter, and they are loved.

Chastity Bowick is an award-winning activist, civil rights leader, and transgender health advocate who has dedicated her career to empowering transgender and gender-nonconforming communities. She led the Transgender Emergency Fund of Massachusetts for seven years, opening New England’s first trans transitional home, and now heads Chastity’s Consulting & Talent Group, LLC. In 2025, she became Interim Executive Director of the Marsha P. Johnson Institute, continuing her mission to advance equity, safety, and opportunity for trans people. Her leadership has earned her numerous honors recognizing her impact on social justice and community care.
