Abstract

NKOM, Alice A et al. A rights-based critique of cultural and religious intolerance against LGBTQIA+ persons in five African countries. AHRY [online]. 2023, vol.7, pp.3-30. ISSN 2663-323X.  http://dx.doi.org/10.29053/2523-1367/2023/v7a1.

This article analyses the stigmatisation and discrimination experienced by LGBTQIA+ persons in Cameroon, Ghana, Nigeria, South Africa and Uganda, as it pertains to cultural and religious arguments used as a basis for such persecution and condemnation. The article shows the interconnections of intolerance against LGBTQIA+ persons in the respective countries, based on perspectives from activists and academics from Africa and the African Diaspora. Relying on doctrinal and comparative legal research methodologies, this article reflects on domestic legal frameworks, including proposals by a significant number of African countries to re-criminalise consensual same-sex relationships, as well as human rights advocacy, while disproportionately punishing LGBTQIA+ persons. Most importantly, the contribution compares and draws lessons from the jurisdictions under study to ascertain common denominators and factors that fuel stigmatisation and discrimination against LGBTQIA+ persons. The scope of the comparison is to assess and interpret the mechanisms through which religious and political actors have polarised the sensitive and conservative nature of African societies to politicise human rights discourse, resulting in cultural and religious intolerance negatively impacting on LGBTQIA+ persons.

Keywords : African culture; religion; criminalisation; LGBTQIA+ persons; discrimination.

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