Defending Human Rights: A Resource Book for Human

Chapter 6
Defending Sexual Minorities
The issue of sexual minorities remains extremely
sensitive in Africa. Lesbian, gay, bisexual,
transgender and Intersex (LGBTI) activists face
serious threats from governments as well as society
in general due to the cause they are advancing.
Currently, these activists still lack support from the
wider human rights movement itself, something
that is grossly demoralising. The LGBTI movement
therefore, faces numerous external challenges.
However, there are internal structural and
ideological challenges that also hamper its capacity
to drive its issues in a strategic and controlled
manner. This article seeks to give an overview on
LGBTI issues by providing definitions and describing
challenges of activists working in this field, as well
as linking their work to the wider efforts of human
rights defenders and their rights. 38
Terminology
The abbreviation LGBTI collectively refers to lesbian,
gay, bisexual, transgender and intersex persons,
encompassing differing sexual orientations and
gender identities (SOGI). LGBTI is considered a term
more comprehensive than “homosexual” or “gay”.
It refers to the sexual orientation of people who are
different from what is considered the heterosexual
norm, i.e. sexual attraction to the opposite sex. The
term lesbian refers to women who are romantically
and sexually attracted to only women while gay
refers to men who are only attracted to men.
Bisexual individuals can be romantically and sexually
attracted to a man or a woman.
The acronym LGBTI also includes variations
of gender identity in the term ‘transgender’.
Transgender refers to individuals whose gender
identity does not fit into the male/female categories
usually placed on people at birth. In fact, the
meanings, expectations, and obligations attached
to the gender categories “male” and “female” are
constructed by society. In comparison, the biological
term sex refers to the physiological condition of
having male or female sexual organs. At or before
birth, children are named as male or female
depending on the way family, birth attendants, and/
or doctors view their genitals. Transgender people
psychologically, physically, emotionally, sexually
and/or spiritually either feel they are a different
38 Original article by Nora Rehmer, with updates by Lynsey
Allan and Carina Raj Maria Jacobs
gender than the one they were assigned at birth or
cannot reconcile their own identity to either gender
category. 39 Intersex persons are individuals “whose
sex is unclear based on sex organs or chromosomal
structure. There are many different conditions and
diagnosis that belong to and are grouped with this
term. It is a biological syndrome.” 40
Challenges of LGBTI individuals
LGBTI individuals face various dangers and
challenges in Africa. Despite the fact that most
of the negative attitudes and laws discriminating
against LGBTI people were introduced by
colonialists, social stigma often justified by religion
and/or culture today depicts homosexual acts and
unions as being “non-African” and “against the
natural order”. Although transgender individuals,
and lesbian and gay relationships existed in various
accepted forms in many areas throughout the East
and Horn of Africa prior to the invasion of foreign
powers, the negative attitudes and criminalising
laws introduced through colonialism have had a
lasting effect. These convictions are widely held
and strongly defended within communities and the
wider public, by the media and/or leading public
figures practically disabling individuals to exercise
their right to equality and non-discrimination.
Challenges faced by LGBTI individuals on the basis of
their sexual orientation and gender identity among
others include:
• Discrimination in accessing employment, health
care, information and security;
• Torture, arbitrary detention and degrading
treatment as a violation of one’s right to liberty
and humane treatment;
• State-sanctioned assault by family members,
relatives, “friends”, employers, and prison-mates.
Lesbian and bisexual women face high levels of
39 The definitions of some of these terms are still contested as
not being adequate to denote the realities they try to describe.
Self-reference of LGBTI individuals might also differ
from the terminology above. However, this article does not
allow for a full discussion of these issues.
40 As defined by the Swedish Federation for Lesbian, Gay,
Bisexual and Transgender Rights. Found at http://www.rfsl.
se/p=3307
Defending Human Rights: A Resource Book for Human Rights Defenders | 2nd Edition 39