Africa
Malawi’s Constitutional Court declines to legalize same-sex relationships
Binational couple brought case in 2023
Human rights organizations in Malawi have criticized the country’s Constitutional Court over its June 28 ruling that declined to legalize same-sex relationships.
Wim Akster, a Dutch national, and Jana Gonani, a local transgender woman, through their lawyers last year approached the Constitutional Court over the legalization of consensual same-sex relations under the penal code, which criminalizes so-called acts of “carnal knowledge against the order of nature and gross indecency” with a maximum penalty of 14 years in prison with corporal punishment for both men and women.
The Constitutional Court heard the case and issued its ruling on June 28.
“We echo the concern voiced regarding the recent Malawi Constitutional Court ruling on consensual same-sex sexual conduct,” said U.N. Human Rights Southern Africa. “We urge the government to protect and stand up for the human rights of vulnerable groups, including LGBTQ+ persons, by ensuring domestic laws align with international obligations.”
Khanyo Farise, Amnesty International’s deputy regional director for East and Southern Africa, described the ruling as a bitter setback for human rights in Malawi.
“The court’s decision to keep these discriminatory laws on the books is a bitter setback for human rights in Malawi. The ruling manifestly flies in the face of Malawi’s constitution, the African Charter and international human rights law, which all clearly prohibit discrimination,” said Farise. “It also makes Malawi an outlier in Southern Africa, where most countries have decriminalized consensual same-sex sexual conduct.”
Farise added “the court’s refusal to overturn these laws means LGBTI persons in Malawi will continue to face discrimination and persecution simply for who they love.”
“In particular, this ruling translates to continued barriers in access to healthcare and other social services for LGBTI persons,” said Farise. “Amnesty International stands with all LGBTI people in Malawi, who deserve the right to live their lives with dignity and full humanity. We also demand that authorities ensure their safety in the face of threats of violence.”
U.N. Human Rights said the provisions of the Malawian penal code that criminalize consensual same-sex sexual relations should be repealed.
“The Constitutional Court’s ruling upholding the criminalization of consensual same-sex conduct is deeply disappointing and contrary to the country’s own international human rights obligations,” it said. “The anti-gay law must be repealed and the rights of LGBTQ+ people protected.”
LGBTQ activists in Malawi say the recent surge in demonstrations and actions against the community that traditional and religious leaders have organized have raised serious concerns about the protection of human rights and the principles of equality and nondiscrimination.
“Homophobic sentiments are leading to higher rates of mental health issues, unemployment and homelessness,” said the Nyasa Rainbow Alliance. “It takes no compromise to give people their rights. It takes no money to respect the individual. It takes no political deal to give people freedom. It takes no survey to remove repression.”
“Gay people are born into and belong to every society in the world,” added the group. “They are of all ages, races, and faiths. They are doctors, teachers, farmers, bankers, soldiers, athletes, and whether we know it or we acknowledge it, they are our family, our friends, and our neighbors.”
Media reports indicate human rights organizations are considering an appeal of the ruling.
The Namibian High Court last month decriminalized consensual same-sex relations. Mauritius last year declared Article 250 of the country’s penal code that criminalized consensual same-sex sexual relations as unconstitutional following a four year legal battle that Abdool Ridwan Firaas (Ryan) Ah Seek, president of Arc-en-Ciel, the country’s largest LGBTQ rights group, initiated.
Uganda
Ugandan activist named Charles F. Kettering Foundation fellow
Clare Byarugaba founded PFLAG-Uganda
The Charles F. Kettering Foundation has named a prominent Ugandan LGBTQ activist as one of its 2026 fellows.
Clare Byarugaba, founder of PFLAG-Uganda, is one of the foundation’s five 2026 Global Fellows.
Byarugaba, among other things, has been a vocal critic of Uganda’s Anti-Homosexuality Act. Byarugaba in 2024 met with Pope Francis — who criticized criminalization laws during his papacy — at the Vatican.
The foundation on its website says it “is dedicated to bringing research and people together to make the promise of democracy real for everyone, everywhere.”
“Clare is the kind of hero who rushes toward the emergency to help,” said PFLAG CEO Brian K. Bond in a Feb. 27 statement to the Washington Blade. “She founded PFLAG-Uganda as the country pushed to criminalize homosexuality and those who support LGBTQ+ people. Yet, she never hesitated in her courage, telling us that families wanted to organize to keep their LGBTQ+ loved ones safe, and PFLAG was the way to do it. Clare Byarugaba not only deserves this honor, but she will use her compassion and experience to teach the world about LGBTQ+ advocacy as a Kettering Global Fellow.”
Africa
LGBTQ groups question US health agreements with African countries
Community could face further exclusion, government-sanctioned discrimination
Some queer rights organizations have expressed concern that health agreements between the U.S. and more than a dozen African countries will open the door to further exclusion and government-sanctioned discrimination.
The Trump-Vance administration since December has signed five-year agreements with Kenya, Uganda, and other nations that are worth a total of $1.6 billion.
Kenyan and Ugandan advocacy groups note the U.S. funding shift from NGO-led to a government-to-government model poses serious risks to LGBTQ people and other vulnerable populations in accessing healthcare due to existing discrimination based on sexual orientation.
Uganda Minority Shelters Consortium, Let’s Walk Uganda, the Kenya Human Rights Commission, and the Center for Minority Rights and Strategic Litigation note the agreements’ silence on vulnerable populations in accessing health care threatens their safety, privacy, and confidentiality.
“Many LGBTQ persons previously accessed HIV prevention and treatment, sexual and reproductive health services, mental health support, and psychosocial care through specialized clinics supported by NGOs and partners such as USAID (the U.S. Agency for International Development) or PEPFAR,” Let’s Walk Uganda Executive Director Edward Mutebi told Washington Blade.
He noted such specialized clinics, including the Let’s Walk Medical Center, are trusted facilities for providing stigma-free services by health workers who are sensitized to queer issues.
“Under this new model that sidelines NGOs and Drop-in Centers (DICs), there is a high-risk of these populations being forced into public health facilities where stigma, discrimination, and fear of exposure are prevalent to discourage our community members from seeking care altogether, leading to late testing and treatment,” Mutebi said. “For LGBTQ persons already living under criminalization and heightened surveillance, the loss of community-based service delivery is not just an access issue; it is a full-blown safety issue.”
Uganda Minority Shelters Consortium Coordinator John Grace said it is “deeply troubling” for the Trump-Vance administration to sideline NGOs, which he maintains have been “critical lifelines” for marginalized communities through their specialized clinics funded by donors like the Global Fund and USAID.
USAID officially shut down on July 1, 2025, after the White House dismantled it.
Grace notes the government-to-government funding framework will impact clinics that specifically serve the LGBTQ community, noting their patients will have to turn to public systems that remain inaccessible or hostile to them.
“UMSC is concerned that the Ugandan government, under this new arrangement, may lack both the political will and institutional safeguards to equitably serve these populations,” Grace said. “Without civil society participation, there is a real danger of invisibility and neglect.”
Grace also said the absence of accountability mechanisms or civil society oversight in the U.S. agreement, which Uganda signed on Dec. 10, would increase state-led discrimination in allocating health resources.
Center for Minority Rights and Strategic Litigation Legal Manager Michael Kioko notes the U.S. agreement with Kenya, signed on Dec. 4, will help sustain the country’s health sector, but it has a non-binding provision that allows Washington to withdraw or withhold the funding at any time without legal consequences. He said it could affect key health institutions’ long-term planning for specialized facilities for targeted populations whose independent operations are at stake from NGOS the new agreement sidelines.
“The agreement does not provide any assurance that so-called non-core services, such as PrEP, PEP, condoms, lubricants, targeted HIV testing, and STI prevention will be funded, especially given the Trump administration’s known opposition to funding these services for key populations,” Kioko said.
He adds the agreement’s exclusionary structure could further impact NGO-run clinics for key populations that have already closed or scaled down due to loss of the U.S. funding last year, thus reversing hard-won gains in HIV prevention and treatment.
“The socio-political implications are also dire,” Kioko said. “The agreement could be weaponized to incite discrimination and other LGBTQ-related health issues by anti-LGBTQ voices in the parliament who had called for the re-authorization of the U.S. funding (PEPFAR) funding in 2024, as a political mileage in the campaign trail.”
Even as the agreement fails to safeguard specialized facilities for key populations, the Kenya Human Rights Commission states continued access to healthcare services in public facilities will depend on the government’s commitment to maintain confidentiality, stigma-sensitive care, and targeted outreach mechanisms.
“The agreement requires compliance with applicable U.S. laws and foreign assistance policies, including restrictions such as the Helms Amendment on abortion funding,” the Kenya Human Rights Commission said in response to the Blade. “More broadly, funded activities must align with U.S. executive policy directives in force at the time. In the current U.S. context, where executive actions have narrowed gender recognition and reduced certain transgender protections, there is a foreseeable risk that funding priorities may shift.”
Just seven days after Kenya and the U.S. signed the agreement, the country’s High Court on Dec. 11 suspended its implementation after two petitioners challenged its legality on grounds that it was negotiated in secrecy, lacks proper parliamentary approval, and violates Kenyans’ data privacy when their medical information is shared with America.
The agreement the U.S. and Uganda signed has not been challenged.
Senegal
A dozen Senegalese men arrested for ‘unnatural acts’
Popular journalist and musician among those taken into custody
Senegalese police have charged a dozen men with committing “unnatural acts.”
The New York Times reported Pape Cheikh Diallo, a popular television reporter, and Djiby Dramé, a musician, are among the men who authorities arrested. They appeared in court in Dakar, the Senegalese capital, on Monday.
Le Soleil, a Senegalese newspaper, reported authorities arrested the men on Feb. 6 “for intentional transmission of HIV, unnatural acts, criminal conspiracy, and endangering others.” The newspaper further notes the men have been placed in “pre-trial detention.”
Senegal is among the countries in which consensual same-sex sexual relations remain criminalized.
Police in Kaolack, a town that is roughly 135 miles southeast of Dakar, in 2015 arrested 11 people who allegedly engaged in same-sex sexual acts during “a celebration of a gay marriage.” The National Assembly in 2021 rejected a bill that would have further criminalized homosexuality in the country.
