Strategic litigation and the struggle for Lesbian, Gay and Bisexual equality in Africa

There has been a rise in the use of strategic litigation related to seeking equality for lesbian, gay, and bisexual (LGB) persons. Such developments are taking place against the backdrop of active homophobia in Africa. The law and the general public should, argues the author, treat LGB persons in the same way that heterosexuals are treated. In the past two decades,30 strategic cases have been fi led by LGB activists in the Common Law African countries, namely in Botswana, Kenya, Nigeria, South Africa, and Uganda. While the majority of the cases have been successful, they have not resulted in significant social change in any of the countries. On the contrary, there have been active backlashes, counter-mobilisations, and violence against LGB persons, as well as the further criminalisation of same-sex relations and constitutional prohibitions on same-sex marriages in some of the jurisdictions. The author argues that activists in Common Law Africa have to design LGB strategic litigation in such a way as to fi t within the actual social and political conditions in their countries if strategic litigation is to spur social change.

Adrian Jjuuko is an exceptional scholar. A rare combination of intellectual brilliance, commitment and hard work. The book is born of this. It reflects his incisive analytical skills, anchored in solid knowledge of the law and jurisprudential developments in the field. His ventures into political theory, philosophy, and the social sciences give the analysis additional clarity and empirical grounding.

ISBN Print: 978-1-98883255-5
ISBN eBook: 978-1-98883256-2
Publication Date: February 10, 2020
Page Count: 312
Binding Type: Soft cover
Trim Size: 6in x 9in
Language: English
Colour: B&W

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Dr. Adrian Jjuuko is a Ugandan human rights lawyer, researcher and consultant. He is the founder and Executive Director of Human Rights Awareness and Promotion Forum (HRAPF). HRAPF operates the first and only specialised legal aid clinic for marginalized persons…

    There has been a rise in the use of strategic litigation related to seeking equality for lesbian, gay, and bisexual (LGB) persons. Such developments are taking place against the backdrop of active homophobia in Africa. The law and the general public should, argues the author, treat LGB persons in the same way that heterosexuals are treated. In the past two decades,30 strategic cases have been fi led by LGB activists in the Common Law African countries, namely in Botswana, Kenya, Nigeria, South Africa, and Uganda. While the majority of the cases have been successful, they have not resulted in significant social change in any of the countries. On the contrary, there have been active backlashes, counter-mobilisations, and violence against LGB persons, as well as the further criminalisation of same-sex relations and constitutional prohibitions on same-sex marriages in some of the jurisdictions. The author argues that activists in Common Law Africa have to design LGB strategic litigation in such a way as to fi t within the actual social and political conditions in their countries if strategic litigation is to spur social change.

    Adrian Jjuuko is an exceptional scholar. A rare combination of intellectual brilliance, commitment and hard work. The book is born of this. It reflects his incisive analytical skills, anchored in solid knowledge of the law and jurisprudential developments in the field. His ventures into political theory, philosophy, and the social sciences give the analysis additional clarity and empirical grounding.

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