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Advocacy Responses to Law Reform Trends in Africa

Felicita Hikuam . ‘There are NO Homosexuals Here’. Advocacy Responses to Law Reform Trends in Africa. Background. 38 Countries in Africa have laws that criminalise same–sex behaviour;

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Advocacy Responses to Law Reform Trends in Africa

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  1. Felicita Hikuam ‘There are NO Homosexuals Here’ Advocacy Responses to Law Reform Trends in Africa

  2. Background • 38 Countries in Africa have laws that criminalise same–sex behaviour; • On May 8, 1996, South Africa became the first country in the world to enshrine lesbian and gay rights in its constitution; • There is a trend to introduce new laws that criminalise same sex-behaviour or provisions for harsher sentences; • Punishments range from imprisonment to death; • In countries that have no specific criminal penalties for same-sex conduct, authorities have detained suspects under a variety of laws;

  3. Background • Arguments used to support criminalisation include: ‘homosexuality is unnatural; un-Africa; and against African culture, religion and values • History shows that same-sex sexual practice has been recorded in Africa even as far as pre-colonial days; • Criminal laws against homosexuality are the legacy of colonialism – not homosexuality itself; • Rates among MSM and WSW are significantly higher and current HIV interventions are non-existent or not of sufficient;

  4. Advocacy for Enabling Environment • Need for repeal and amendment of laws prohibiting sexual acts between consenting adults in private; enforcement of anti-discrimination laws; provision of legal aid services, and promoting campaigns that address homophobia • Governments should know their epidemics by ensuring surveillance; • Support establishment and /or strengthening of networks of LGBTI; • Call for funding of interventions targeted to the needs of LGBTI – Global Fund developments

  5. Advocacy for Law Reform • Time-consuming; labour intensive, politically complex and fraught with risks; • Effort spent may bear little result if the law is not implemented or not accessible to those who need it; • Should be based on a legal audits; • Should be as much about process as content

  6. Lessons learned... • Need to get on the same page regarding our commitments and understanding of human rights • African civil society must be at forefront of advocacy for law reform ; • Much more work to be done on working with law makers, judges and law enforcers; • More resources needed for access to justice; • Make access easier – alternative dispute resolution mechanisms, HRC.... ; • MSM and WSW should be empowered to know and claim rights; • Work with media allies.

  7. Case Study: Namibia • Multi-stakeholder platform; • Existence of a number of laws and regulations that discriminate on the basis of HIV/AIDS status and/or obstruct access to comprehensive services; • Removal of all HIV/AIDS discriminatory laws, policies, regulations, guidelines and practices through: law reform; supporting an enabling environment and awareness-raising; • Activities include: legal support ; legal audits and law reform programmes; “Know your rights campaigns”; human rights training; stigma and discrimination reduction programmes; programmes that focus on gender norms and eliminating GBV

  8. Thank You www.arasa.info

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