Today, 32 African countries still have laws that criminalise homosexuality. Penalties often range from hefty fines to lengthy prison sentences and in very rare cases, the death penalty. These laws, along with harmful anti-LGBTIQ+ attitudes and perceptions lead to the ostracisation and marginalisation of the community. Anti-LGBTIQ+ laws also criminalise other related activities such as freedom of assembly and association for LGBTIQ+ groups and NGOs.

This lack of legal protections and societal acceptance poses a multitude of challenges in accessing the right to freedom of expression for the community. LGBTIQ+ individuals face issues of censorship, self-censorship and exclusion which often leads to the inability to engage in socio-political life fully.

Due to criminalisation, the threat of violence and fear, the community is limited or entirely prevented from expressing their thoughts, opinions and experiences openly and publicly in various domains such as media, education, healthcare, literature and art and politics.

The suppression that the LGBTIQ+ community faces reinforces harmful stereotypes, breeds harmful environments and prevents a more nuanced understanding of the diversity of gender and sexuality.

As it stands currently, there is a worsening global and continental crisis on LGBTIQ+ rights and protections. We are seeing anti-LGBTIQ+ rhetoric, bills and laws introduced and spreading in various countries on the continent and the subsequent repercussions of that.

Read more in Daily Maverick: Attacks on LGBTQ Ugandans spike as World Bank faces pressure to suspend lending over Anti-Homosexuality Act

Recently, 76crimes reported that Uganda is seeing an increase in homophobic violence and a 138% increase in homophobic evictions since the anti-LGBTIQ+ law was passed. In Ghana, the supreme court dismissed a request to halt the parliament’s consideration of the much-feared anti-LGBTIQ+ bill.

It has also been reported that there has been a surge in homophobia in Cameroon and Senegal as well as some East African countries looking towards Uganda to model its anti-LGBTIQ+ law. What this illustrates is that ostracisation, marginalisation and discrimination in these countries is an attempt to erase LGBTIQ+ lives and experiences.

Discrimination persists

Even in countries where LGBTIQ+ rights are protected, such as South Africa, the translation of law into public perception has been a challenge. The rates of LGBTIQ+-specific violations, such as corrective rape, hate crimes, ostracisation from healthcare services and murder based on SOGIESC (sexual orientation, gender identity and expression and sexual characteristics) remain high.

Hate speech and harmful anti-LGBTIQ+ rhetoric create and have created the breeding ground for what we are seeing in countries like Uganda, Kenya and Ghana.

In order for change to occur on the continent, a multifaceted approach needs to be implemented. Legal frameworks play an important role in this, by ensuring the protection of LGBTIQ+ individuals’ right to freedom of expression, assembly and association. In decriminalising homosexuality and enacting anti-discriminatory laws; it can be ensured that an enabling environment that encourages and safeguards the right to express one’s SOGIESC without fear of backlash is created.

Another key element of changing the landscape on LGBTIQ+ rights is changing societal attitudes, perceptions and misconceptions. Public discourse and education are crucial in challenging harmful stereotypes, dispelling myths and fostering empathy. Governments, CSOs and educational institutions play a key role in raising awareness about the realities faced by the LGBTIQ+ community and can promote acceptance.

By providing the platforms for open conversation and knowledge sharing, African countries can break down the barriers that prevent LGBTIQ+ individuals from participating fully in society.

Media representation and freedom play an important role in this education. Many African states weaponise the media to villainise and demonise the LGBTIQ+ community, whereas when used ethically, fair and accurate representation of the community can be a useful tool in educating society.

By acknowledging the importance of the right of freedom of expression, assembly and association and working towards the inclusivity of gender and sexual orientation diversity, African states should build more equitable and inclusive societies that uphold the human rights of all.

It is imperative that governments, civil society and individuals unite to promote and protect the rights of the LGBTIQ+ community to enable them to express themselves freely. DM