LGBTIQ+

  • Angola decriminalises homosexuality

    Angola has officially decriminalised same-sex relationships and prohibited discrimination based on sexual orientation. LGBTQI+ advocacy lead for CIVICUS, Mawethu Nkosana spoke with eNCA's Sally Burdett on Angola's repeal of Anti-gay law.

  • HUNGARY: ‘The government is masking anti-LGBTQI+ legislation under the narrative of children protection’

    ImreZsoldosCIVICUS speaks about the Hungarian government’santi-LGBTQI+ campaign with Imre Zsoldos of the Hungarian LGBT Alliance.

    Founded in 2009, theHungarian LGBT Alliance is an umbrella civil society organisation (CSO) that brings together seven LGBTQI+ groups with the aim of promoting communication, cooperation and joint action to confront social rejection, prejudice and discrimination against sexual minorities in Hungary.

    What are the latest developments in the government-led anti-LGBTQI+ campaign?

    To begin with, Hungarian legislation explicitly forbids same-sex registered partners from adopting children. There is another law prohibiting unmarried single people from adopting children unless they have a special permit issued by the Minister for Families, which has been made almost impossible to get to prevent same-sex parents adopting separately.

    On top of this, in April 2023 the Hungarian parliament passed a bill enabling people to anonymously report on same-sex couples raising children, or those who contest the ‘constitutionally recognised role of marriage and the family’ or children’s rights ‘to an identity appropriate to their sex at birth’. This law specifically targeted rainbow families and transgender young people. No specific evidence or details would be needed to report same-sex families and other ‘offenders’ to the authorities. The law also mandated the establishment of a reporting platform.

    President Katalin Novak did not sign the bill into law, arguing it weakened the protection of fundamental values, and sent it back to parliament for reconsideration. My assumption is that parliament will pass it again with some changes.

    Previously in March, the government filed a counter claim to the Court of Justice of the European Union (EU) to defend an education law passed in 2021, which was in fact just another anti-‘gay propaganda’ law. Initially, the law was meant to impose harsher punishment for sexual offences against minors, but legislators from the ruling Fidesz party introduced several changes so that the law ended up criminalising the portrayal or ‘promotion’ of homosexuality or sex reassignment to minors and restricting sexual education in schools. It was condemned by 17 EU member states.

    The 2021 Child Protection Act enshrines children’s right to ‘education in accordance with the values based on Hungary's constitutional identity and Christian culture’. The government is masking anti-LGBTQI+ legislation under the narrative of child protection, portraying LGBTQI+ people as paedophiles and claiming it is trying to ‘save the children’ from us.

    The same narrative is also used to criticise the EU: the government claims the EU suspended over €6 billion (approx. US$6.5 billion) in funds for 2021-2027 because it promotes paedophilia, while in fact the funds were cut off due to a decline in the rule of law and judicial independence and concerns about corruption.

    How is the government’s anti-LGBTQI+ campaign affecting people?

    This hostile rhetoric resembles the way Jewish people and other minorities were targeted in the run-up to the Second World War. We are losing the feeling of security in our own society. We feel outlawed and can’t understand how this can be happening in Europe nowadays. Many LGBTQI+ people are starting to think about whether we should leave the country before it’s too late.

    Public attitudes to the government’s anti-LGBTQI+ campaign are shifting both ways, since everyone is reacting to the portrayal of LGBTQI+ people as a public enemy. On one side of the divide, people are getting outraged by the government’s propaganda and hence showing more support and understanding. On the other side, people are beginning to feel emboldened and legitimised to express discriminatory thoughts and act in discriminatory ways.

     

    What are the conditions for LGBTQI+ organisations in Hungary?

    The majority of Hungarian LGBTQI+ organisations are run by volunteers because they very rarely have resources to pay employees, especially in fixed positions. Our funding is strictly tied to projects to be implemented.

    As all the major media platforms are in the hands of the government, our opportunities to shift public opinion are really limited. We can only use CSOs’ social media and websites for advocacy. For example, one of the members of the Hungarian LGBT Alliance is the Rainbow Families Foundation. It ran a large campaign, ‘Family is Family’, that reached an extensive audience thanks to a TV station broadcasting the campaign in prime time. But then the media authority fined the TV station, saying it’s only allowed to broadcast this kind of advertisement at night because its depiction of homosexuality sensitively affects children under 16, causing misunderstanding, tension and uncertainty among them. A court eventually nullified the media authority’s decision, but this kind of decision is why there is almost no newspaper or TV station where we could have the space to effectively resist the government’s anti-LGBTQI+ campaign.

    Activists are targeted by the authorities in diverse ways, such as smear campaigns fuelled by the dissemination of fake information about them, as well as audits and controls on their private or family businesses or pressure in their workplaces or on family members who hold any state position. This creates a constant stress situation, since we never know when, where or how we will be targeted.

    But despite the hardship, we are doing our best to create safe places, build a community and provide legal and other forms of help to LGBTQI+ people.

    What further support does Hungarian civil society need?

    Alongside financial support, it would be extremely helpful – not only for LGBTQI+ people but also for other minorities, the political opposition and civil society as a whole – to have a widely accessible communication platform to reach older people beyond the capital, Budapest. While we can easily reach out to young people through social media, we are unable to reach those who get their information from television, newspapers and their churches, all of which are predominantly controlled by the government.


    Civic space in Hungary is rated ‘obstructed’ by theCIVICUS Monitor.

    Get in touch with the Hungarian LGBT Alliance through itswebsite or itsFacebook page.

  • IRAN: ‘Women and queer people are at the forefront of the struggle against religious despotism’

    CIVICUS speaks with Asal Abasian about their experiences as a queer and feminist activist in Iran and in exile.

    Asal is an Iranian journalist and queer feminist activist. After receiving threats, they fled Iran in 2021. They first stayed in Turkey, where they freelanced with various foreign-based Persian language media outlets and Turkish media. They’re currently based in Paris, France. In Iran, same-sex relations are illegal and LGBTQI+ people can face the death penalty.

    AsalAbasian

    What was your life like in Iran and why did you leave?

    My experience in Iran was challenging, uncomfortable and at times traumatic. However, my work as a cultural journalist focused on creativity, opening up new spaces that could escape the overt repression of traditional religious anti-queer social norms, showcasing diversity and expressions of transgression.

    Navigating this was challenging because the editorial world was a closed, misogynistic, male-dominated work environment, and because the state constantly monitored our actions. Despite these obstacles, the medium of culture, which I mainly covered, allowed for a certain degree of freedom.

    On a personal level, I embodied this challenge by pushing against the norms and visibly wearing my queer identity even in uncomfortable situations. Living in Iran as a queer person is difficult. If a same-sex relationship is exposed, it is punishable by death. Same-sex marriage is a distant dream. There’s a long way to go for the realisation of freedom for the queer community in Iran. Even if a queer person has a progressive and supportive family, the laws are against them and society is strongly queerphobic.

    Have you found safety in exile?

    Unfortunately, misogyny and homophobia exist everywhere. However, at least in a western country I have no fear of being arrested and imprisoned for my journalism or queer identity.

    But discrimination is a universal problem. In France, of course, homophobia is not as intense as in Iran and the Middle East because of protective laws, but it still exists. There are reactionary and dogmatic people everywhere, and I believe this oppression, with varying degrees of intensity, is universal.

    Living as an immigrant in the west, you can experience the intersection of oppression. Sometimes the treatment of immigrants, especially queer immigrants, is filled with violence and devoid of empathy and kindness. It seems the system is set up in such a way that immigrants are constantly discouraged from their journey and pushed back.

    Has the situation in Iran changed since you left?

    Sadly, the situation has not improved. But after the Woman, Life, Freedom movement triggered by the murder of Mahsa Jina Amini by the morality police in September 2022, women and the queer community have found more courage to fight against patriarchy and religious despotism.

    Women and queer people are at the forefront of this struggle. Change hasn’t come from the regime, but from people’s resistance against its oppression and tyranny. The fact that women are now at the forefront of civil struggles in Iran is very encouraging because no oppressive force can deter or push them back from their goal of freedom.

    However, the situation could be improved by spreading the ideas of inclusivity, equality and dignity through public education and cultural development. Much education takes place in schools, and much is also the responsibility of the media and the free flow of information. This is something we aspire to realise in countries like Afghanistan and Iran.

    What does Pride Month mean to you? Do you see a future where it could happen in Iran?

    Pride Month reminds me of the long and arduous journey of the queer movement up to this day. The fight against discrimination and oppression is a legacy we, the queer community, are proud of.

    As a member of the queer community in Iran, I hope for a day when Pride marches take place in the cities of Iran, and queer people can express their identities with pride, freely and without fear.

    But we are still a long way from that day. The problem is that the Islamic regime represents a segment of Iranian society. Part of society is very conservative and reactionary, making the possibility of change towards freedom and a safe space for queer people almost impossible. However, we remain hopeful and continue to fight for that day to come.


    Civic space in Iran is rated ‘closed’ by theCIVICUS Monitor.

    Follow Asal Abasian onInstagram andTwitter.

  • KENYA: ‘We have concerns about state functions being used to dictate and define morality’

    IvyWerimbaCIVICUS speaks about LGBTQI+ rights in Kenya and the criminalisation of activism with Ivy Werimba, Communications and Advocacy Officer at galck+.

    galck+ is a national coalition of Kenyan LGBTQI+ organisations advocating for issues related to sexual orientation, gender identity and gender expression and representing LGBTQI+ voices across the country.

    How significant is the recent Supreme Court ruling in favour of allowing the National Gay and Lesbian Human Rights Commission (NGLHRC) to register? Has it brought any anti-rights backlash?

    The Supreme Court’s decision to uphold the lower court rulings was highly significant. This decision sets an important precedent for future cases involving discrimination against marginalised communities and underscores the importance of the judiciary in upholding the rule of law and protecting human rights. It was the first of its kind by the Supreme Court of Kenya. We applaud their decision to uphold the Constitution.

    There has been a lot of backlash from various societal leaders and there is now a Family Protection Bill that’s been created and awaiting being gazetted. This bill, which closely resembles the anti-homosexuality bills of Ghana, Nigeria and Uganda, has given fodder to the opposition, which is rallying support for it online and continuing to spread misinformation and disinformation by tying it to other issues that political leaders refuse to address, such as the poor economy, the rise in teenage pregnancies and alcohol abuse, election violence and election violations, widespread corruption and unrest in secondary schools.

    The NGLHRC fought for 10 years to register because its name contained the words ‘gay’ and ‘lesbian’. Has galck+ faced similar challenges?

    No, our struggle has been different. As a coalition made up of 18 member organisations catering to people of diverse sexual orientation, gender identity, gender expression and sex characteristics, we changed our name in 2022. We are now galck+ and our name is no longer an abbreviation. galck+ reflects the growth and intersectionality we have witnessed in the Kenyan LGBTQI+ movement, with inclusion and diversity at the heart of what we do. Our updated resolve is to create a space that doesn’t feel segmented since our fight for freedom and love is the same regardless of what makes us different from each other.

    How do you manage to work in a context where being LGBTQI+ is illegal?

    Our work in Kenya is not hindered by the illegality of being openly LGBTQI+. Although Kenya is a patriarchal, conservative and sexist state, the perception of a person’s gender or sexuality is what gets people in trouble. Through its existence and work, the LGBTQI+ community in Kenya continues to challenge conformity to societal norms that expect men to be courageous and women to be homemakers.

    There have been significant milestones in establishing laws and policies that support gender equality and social inclusion. However, several factors – including limited resources, weak links among ministries and between the national and county levels, negative pervasive norms and attitudes about inclusion – hinder the effective implementation of laws and policies.

    Despite all these tribulations, we use our work and our spaces to push back on these norms and celebrate the limited but important progress made on the rights of LGBTQI+ people in Kenya over the last 10 years. This has largely been obtained through victories in court, where Kenyan activists have challenged criminalising provisions and the treatment of LGBTQI+ people and organisations. This includes a case that established that the use of forced anal exams is illegal, a case that upheld the right of LGBTQI+ people to form and register organisations and a case that upheld the right to change gender on legal documents. The Family Protection Bill threatens to destroy all this progress and so our work continues to be a reminder that the freedoms we fight for are for all Kenyans, and not only for the LGBTQI+ community.

    Do prohibitions of ‘same-sex behaviour’ apply in practice?

    Violence and discrimination against LGBTQI+ people in Kenya are a harsh reality. Despite claims that sexual orientation and gender identity are non-issues, LGBTQI+ people in Kenya experience stigma, discrimination, physical and verbal abuse, assault, harassment, eviction from their homes, loss of their jobs, suspension or expulsion from school and many other rights violations that significantly affect their wellbeing and quality of life.

    The Penal Code’s sections 162(a), 162(c) and 165 criminalise sexual activities that are perceived to be against the ‘order of nature’. While these sections apply to all Kenyans, they are selectively used to criminalise same-sex relationships. The ambiguous language used in these sections also makes it difficult to define ‘gross indecency’ since it criminalises even innocent actions like hugging or holding hands between people of the same sex. These laws also affect the transgender and intersex communities. The misguided narrative that limits people’s understanding of the difference between sexual orientation and gender identity leads many Kenyans to assume that transgender and intersex people are homosexual or bisexual.

    Although few people have been charged under these laws, they are often used to justify violence and discrimination against LGBTQI+ people, creating a perception that they are criminals. This is a perception that subsets of the state and religious institutions advance to further perpetuate human rights violations and acts of violence.

    In other words, there is a connection between legal prohibitions and violence against LGBTQI+ people, even if the laws are not consistently applied. This hostility is underpinned by discriminatory laws, including the law that criminalises same-sex activities and other laws used by the state to target LGBTQI+ people.

    These laws also create a culture of fear and secrecy among LGBTQI+ people, making them vulnerable to harassment, assault and other forms of violence. In addition, the inconsistent application of these laws can lead to arbitrary arrests and prosecution, including under laws criminalising ‘loitering’, ‘solicitation’ and ‘impersonation’, to extort money or sex from LGBTQI+ people, or to deny services to LGBTQI+ survivors of violence.

    How are LGBTQI+ organisations in Kenya working to change this?

    LGBTQ+ organisations in Kenya are working to change discriminatory laws and social norms by engaging in various advocacy and awareness-raising campaigns, providing legal aid, sharing security directives with our constituents and offering healthcare services to the LGBTQI+ community. These organisations are also working to create safe spaces for LGBTQI+ people to express themselves, network and access information.

    Some of the main issues on the LGBTQI+ agenda in Kenya include the repeal of discriminatory laws such as Penal Code sections 162(a), 162(c) and 165 and the promotion of laws and policies that are intersectional for LGBTQI+ people and organisations, including the Employment Act (2007), which recognises the rights of employees to basic conditions of employment, the Sexual Offences Act (2006), which outlaws all forms of sexual violence, and the National Gender and Equality Commission Act (2011), which spells out the National Gender Equality Commission’s function, which is to promote, monitor and facilitate gender equality and freedom from discrimination in the country’s laws at the national and county levels.

    Other issues include ending violence and discrimination against LGBTQI+ people, addressing the challenges faced by transgender people, and promoting education and awareness on issues affecting the LGBTQ+ community.

    Do you see your struggle as part of a bigger regional or global struggle?

    Yes, the Kenyan LGBTQI+ movement is part of the regional and global struggle to achieve various goals ratified in regional and international agreements such as Resolution 275 of the African Commission on Human and Peoples’ Rights – on protecting people against violence and other human rights violations on the basis of sexual orientation and gender identity – and reducing inequalities, as laid out in the Sustainable Development Goals.

    The Kenyan government has adopted legal and policy frameworks aimed at promoting gender equality and reducing discrimination based on sexual orientation and gender identity. Such initiatives include the Kenya Vision 2030, which highlights the government’s commitment to reducing income inequality through economic growth, job creation and social safety nets. In addition, Kenya has adopted several legal and policy frameworks aimed at promoting gender equality and reducing discrimination based on sexual orientation and gender identity.

    However, significant inequalities still exist, particularly in the wake of the pro-religious government that has been openly homophobic, inciting violence that threatens the lives of queer people. There is a lot of uncertainty regarding the new government’s impact on LGBTQI+ organising and funding, with concerns about the evangelisation of the state and state functions being used to dictate and define morality.

    Despite these challenges, the Kenyan LGBTQI+ movement remains resilient. We are mobilising together and collaborating with LGBTQI+ organisations in other countries in the region, including Nigeria, South Africa and Uganda, on issues such as the anti-homosexuality bills of Ghana, Nigeria and Uganda, that are now spreading to Kenya, Malawi, Zambia and many other African countries, and exchanging best practices.

    To continue doing this, we need various forms of support, including in raising awareness around the issues brought about by state and non-state-sponsored homophobia and flexible funding to respond to rising insecurity and mental health issues. We need our allies working on other thematic areas to highlight intersectionalities, showing how these regressive laws will affect sexual health and reproductive rights, children’s rights, the economy and more.


    Civic space in Kenya is rated ‘obstructed’ by theCIVICUS Monitor.

    Get in touch with galck+ through itswebsite or itsFacebook page, and follow@Galck_ke onTwitter.

  • TURKS AND CAICOS ISLANDS: ‘Advancing LGBTQI+ rights requires advocacy, awareness-raising and a concerted effort to foster a culture of inclusion’

    a-turks.png

    CIVICUS speaks with Tim Prudhoe, a lawyer with Stanbrook Prudhoe, about a legal challenge brought against discriminatory legislation against LGBTQI+ people and the struggle for equal rights of same-sex married partners in Turks and Caicos Islands (TCI).

    Stanbrook Prudhoe is a law firm specialising in complex and cross-border cases in the Caribbean region.

    What legal action are you involved in?

    Since 2021 we have been representing Tim Haymon, a US citizen, and Richard Sankar, a Turks and Caicos Islander, in legal proceedings against the TCI government. The case is now up on appeal after findings of breaches of rights protected under the TCI constitution. The couple married in Florida in 2020, but Tim has been denied an exemption from the need to obtain a work permit, although that exemption is available to the spouse of a Turks and Caicos Islander. There is no definition of ‘spouse’ under the relevant immigration legislation and the definition used in the letter of refusal referenced the marriage legislation. The Marriage Ordinance treats same-sex marriages as void.

    The refusal of the spousal exemption was by the Director of Immigration. Tim and Richard brought proceedings against him alleging breaches of the protected rights of equality before the Law, the right to family and private life and freedom from discrimination on the basis of sexual orientation.

    The trial took place in November 2022 and the decision was delivered in March 2024. The TCI Supreme Court upheld two of our three claims, finding violations of the constitutional rights to private and family life and to protection against discrimination on the basis of sexual orientation. However, the court did not uphold the claim of equality before the law. That is the subject of an appeal that will be heard on 23 and 24 October.

    The government has also appealed. Although it relied on no evidence during the trial, it now disputes any findings of constitutional breach. The government’s legal team remains headed by Ivan Hare KC of Blackstone Chambers in London, UK. Colours Caribbean, an LGBTQI+ rights organisation, successfully applied to join the appeal as an interested party.

    Before the claims were first started, Tim and Richard offered to abandon their legal action if the government enacted civil partnership legislation giving same-sex couples the same rights and benefits as opposite-sex couples. Unfortunately, this offer was ignored. Our appeal document itself repeats that offer. When we first made that offer, we even provided the government with a copy of the Cayman Islands legislation recognising civil partnerships as a precedent they could work from. But, again, no response.

    The Supreme Court’s decision was a significant step forward for LGBTQI+ rights in TCI. Former TCI Premier Michael Misick criticised it publicly, calling for Richard to have his Turks and Caicos Islander status revoked. If successful, the government’s appeal would be a major setback for equality. Either way, the outcome will have broader implications for LGBTQI+ rights across the Caribbean.

     

    What’s the status of LGBTQI+ rights in TCI, and what difference have recent Privy Council rulings made?

    The status of LGBTQI+ rights in TCI has a long way to go still. The government’s reliance on traditional moral standards and recent rulings on marriage issues by the UK Privy Council, the final court of appeal for TCI and other British Overseas Territories, are significant barriers to the advancement of LGBTQI+ rights.

    Recent Privy Council rulings on same-sex marriage in Bermuda and the Cayman Islands have significantly influenced the discourse on LGBTQI+ rights in TCI. The combined appeal on the right to marry in the Ferguson case in Bermuda and the Bodden Bush case in the Cayman Islands is particularly noteworthy.

    In Bermuda, same-sex couples had the right to marry for a period before the law was changed. Marriages already performed remained valid, but no new marriages could be celebrated – a situation that led to a case being taken to the European Court of Human Rights on the grounds that those left out were in practical effect facing discrimination. The Privy Council ruled that marriage was a unique legal institution and those jurisdictions could decide the scope of marriage without violating their constitutions.

    This gave us an insight into the Privy Council’s position. However, we distinguished our case in TCI by focusing on recognition of equivalent legal rights rather than the establishment of a right to marry. The government argued we were trying to introduce the right to marry via the back door, because of the attempt to invoke the spousal exemption from immigration restrictions.

    The Privy Council’s decision, which confirmed that jurisdictions can define marriage, wasn’t that surprising. TCI’s constitution, like Cayman’s, includes a preamble about TCI being a God-fearing nation. The government’s arguments in TCI appeal rely heavily on this. This is pretty odd, in light of the fact that it failed to present any actual evidence at trial.

    Despite these challenges, the LGBTQI+ community and its advocates continue to press for equality and recognition, reflecting a wider struggle in many small jurisdictions.

     

    What are the challenges for LGBTQI+ activism in TCI?

    A major challenge is stigma, which is keenly felt in a place as small as TCI. Despite the presence of people who identify as LGBTQI+, there isn’t a well-developed community infrastructure such as gay pubs or clubs. There’s been a slight improvement in visibility following recent decisions, but it hasn’t yet become a significant movement. For example, there’s now anticipation for an upcoming gay pride event, a notable first for the TCI, albeit modest, as a boat trip during Gay Pride Week in June.

    Living as an LGBTQI+ person in TCI often means necessarily leading a discreet life. While there are both locals and expatriates in same-sex relationships, such partnerships are not flaunted or embraced as a popular lifestyle choice. Rather, they tend to remain private, perhaps implicitly acknowledged by the community but not openly discussed.

    There’s a complex interplay between legal processes and government responses. Despite government appeals against decisions concerning LGBTQI+ rights, such actions are influenced by political dynamics, particularly when elections are approaching. The electorate consists solely of Turks and Caicos Islanders and has strong opinions on issues such as same-sex marriage, which politicians must navigate with caution.

    Constitutional protections theoretically guard against discrimination, but practical enforcement is uncertain. While legal recourse exists in principle, instances of intimidation and hostility, such as aggressive media commentary or social media harassment, deter people from pursuing anti-discrimination cases.

    In essence, while there is a legal framework to combat discrimination, the challenges of social stigma, political sensitivities and intimidation hinder progress towards full LGBTQI+ equality in TCI.

     

    What role has civil society played in the case?

    We’ve worked with the Pride group that’s recently emerged. Although not gay myself, I was pleased to attend their meeting to have a chance to explain relevant parts of the legal challenge. I have been a friend of Richard for many years, and more recently Tim as well.

    The only outside group involved was Colours Caribbean, whose involvement in the Cayman case I had been aware of for some time. When they heard of our legal victory, despite ongoing appeals from both sides, they approached us to join the proceedings. We don’t control their involvement, but the fact that we haven’t objected to it apparently influenced the court’s decision to give them a speaking role in the October appeal.

    What are your expectations?

    I expect that Tim and Richard will win their appeal on the failure by the judge to deal with the equality before the law claim. Whatever the outcome of the government’s appeal, I expect that the British government will have to exercise its power of override, as it did in the Cayman Islands context, to introduce civil partnership recognition legislation. In TCI, the Governor, a British-appointed official, has a constitutional power to legislate in the best interests of the jurisdiction. For example, previous governors have forced through legislation decriminalising same-sex sexual activity – a move still resisted in other parts of the Caribbean.

    I think our success will primarily relate to the anti-discrimination aspect of the lower court judge’s decision. Right now, we are in a perplexing situation: the judge has agreed with our argument that Richard and Tim’s constitutionally protected rights are being violated but he stopped short of implementing the necessary remedial measures.

    This creates a glaring inconsistency: existing violations are acknowledged but no remedy is provided. So if another same-sex couple were to seek spouse treatment, they would be denied the exemption, even though the Court has recognised this as a breach of constitutional rights. It is unlikely that the Court of Appeal will accept this situation. We argue that the judge made a fundamental mistake in finding breaches but not proposing remedies. Moreover, the judge’s criticism of our approach fails to recognise alternative ways of remedying the situation, such as amending immigration laws to include same-sex couples in the eligibility criteria for spousal exemptions.

    The delay in the judge’s decision, despite mounting pressure, suggests a rushed outcome in the end. It appears that in his haste, the judge failed to thoroughly explore possible solutions to the violations identified. I therefore anticipate that the Court of Appeal will scrutinise the lower court’s handling of the case and consider remedies in line with constitutional obligations.

    What are the next steps?

    The trajectory of progress depends heavily on the outcome of the Court of Appeal hearing. It’s unlikely a decision will be made immediately after the hearing, given the complexity and scale of the case. As we have argued that the lower court judge erred in his decision, the matter could be escalated to the Privy Council for constitutional review.

    However, in terms of broader progress and the continued advancement of LGBTQI+ rights, increased visibility and public awareness are paramount. The greater the exposure and discussion surrounding the case, particularly at the appellate level, the more likely it is that attitudes will evolve positively. Increased awareness fosters confidence within the LGBTQI+ community, encouraging people to live more openly and authentically.

    Historically, many people who identify as LGBTQI+ have felt compelled to leave TCI and seek more accepting environments abroad, primarily in cities in the UK or the USA. This trend underscores the prevailing reluctance to accept LGBTQI+ identities in the local context. It will undoubtedly take time to overcome this suspicion and foster a culture of acceptance, but progress is evident and ongoing.

    It is my hope as a legal practitioner that church groups engage in this discussion in a constructive and inclusive way, avoiding regressive interpretations of religious doctrine. Such interpretations, rooted in outdated beliefs, only serve to hinder progress. It’s worth noting that TCI, essentially a tourist destination, relies heavily on its reputation as a progressive and welcoming place. Failure to address LGBTQI+ rights risks tarnishing this image, with negative implications for tourism and therefore for economic prospects.

    Advancing LGBTQI+ rights in the TCI requires ongoing advocacy, awareness-raising and a concerted effort to foster a culture of inclusion and acceptance within the local community and wider society.


    Get in touch with Stanbrook Prudhoe through itswebsite and connect with Tim Prudhoe onLinkedin.

Sign up for our newsletters

Our Newsletters

civicus logo white

CIVICUS is a global alliance that champions the power of civil society to create positive change.

brand x FacebookLogo YoutubeLogo InstagramLogo LinkedinLogo

 

Headquarters

25  Owl Street, 6th Floor

Johannesburg
South Africa
2092

Tel: +27 (0)11 833 5959


Fax: +27 (0)11 833 7997

UN Hub: New York

CIVICUS, c/o We Work

450 Lexington Ave

New York
NY
10017

United States

UN Hub: Geneva

11 Avenue de la Paix

Geneva

Switzerland
CH-1202

Tel: +41 (0)79 910 3428