The International Commission of Jurists, The People’s Matrix and The Seinoli Legal Centre have documented how discrimination, prejudice, animus, stigma, hatred and violence against lesbian, bisexual and queer (LBQ) women — based on their real or imputed sexual orientation or gender identity/expression — remain widespread across several countries in Africa.
The three human rights organizations have outlined their concerns in a joint submission to the UN Independent Expert on Protection Against Violence and Discrimination Based on Sexual Orientation and Gender Identity (SOGI).
The submission provides an overview of human rights concerns affecting LBQ women as a result of new laws and developments between 2023 and 2025 in Burkina Faso, Kenya, Mali, Niger, Tanzania and Uganda, as well as a detailed analysis of specific human rights concerns about the treatment of LBQ women identified through district-level consultations with LBQ women in Lesotho.
“This submission underscores the systemic, gendered, and deeply entrenched violence and discrimination faced by LBQ women. By documenting both legal and social barriers, we hope to raise awareness about their plight and urge States to take concrete steps to protect the human rights and dignity of LBQ women” stated Kaajal Ramjathan-Keogh, ICJ Africa Director.
The submission highlights that in Burkina Faso and Mali new laws criminalizing consensual same-sex sexual conduct were passed by unelected military authorities, exposing LBQ women to imprisonment, fines, stigma and violence. In Kenya, while consensual same-sex sexual conduct is criminalized, the Supreme Court has affirmed the right of LGBTIQ+ organizations to register. Nevertheless, strong societal discrimination persists.
Uganda’s Anti-Homosexuality Act, adopted in 2023, introduced an offence of “aggravated homosexuality”, punishable by death upon conviction. A legal challenge to the constitutionality of the Act has largely failed. Tanzania criminalizes consensual same-sex sexual conduct, with severe penalties upon conviction, including life imprisonment. Moreover, Tanzania has a history of strictly enforcing the criminalization of consensual same-sex sexual conduct.
In Niger, consensual same-sex sexual conduct is not explicitly criminalized, however, authorities persecute LBQ women under “public indecency” laws.
In Lesotho, where consensual same-sex sexual conduct between women is not criminalized, LBQ women still face widespread violence, discrimination, and institutional neglect, including:
- Family rejection, eviction, and coercion into heterosexual relationships
- Abuse and harassment in schools.
- Denial of healthcare and breaches of confidentiality
- Spiritual abuse and moral condemnation in religious institutions
- Mistrust of law enforcement and fear of secondary victimization lead to widespread underreporting of violence
The submission documents economic marginalization, rural isolation, and invisibility in laws and policies as key drivers perpetuating discrimination, violence and stigma against LBQ women. As a result, LBQ women adapt their behaviour, conceal aspects of their identity, and rely on informal peer networks to navigate risks. While these strategies demonstrate resilience, they come at significant emotional and physical cost
Key Recommendations include:
- Repeal laws criminalizing consensual same-sex activity in Burkina Faso, Kenya, Mali, Niger, Tanzania and Uganda.
- In Lesotho:
- Integrate LBQ women into gender-based violence frameworks
- Ensure safe and affirming healthcare
- Strengthen accountability mechanisms in schools, healthcare, and law enforcement
- Support grassroots LBQ initiatives
- Address economic marginalization
- Engage faith institutions to challenge harmful narratives
Download:
Click here for the full submission: Submission to the Independent Expert on Protection Against Violence and Discrimination Based on Sexual Orientation and Gender Identity by the People’s Matrix, the Seinoli Legal Centre and the International Commission of Jurists | ICJ
Annexes:
- The People’s Matrix Views Report: POINTS OF VIEWS Report – Data Analysis July 2025 (2)
- The People’s Matrix LBQ Advocacy Priorities Report: LBQ Priorities Report V1
- The 8 March Principles for a Human Rights-Based Approach to Criminal Law Proscribing Conduct Associated with Sex, Reproduction, Drug Use, HIV, Homelessness and Poverty. Principles-Report_English
Contact
Kaajal Ramjathan-Keogh, ICJ Africa Director, Kaajal.Keogh@icj.org
