Legislating Identity: A Critical Analysis of the Anti-LGBT Bills in Kenya and Ghana

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04/24/2024

Recent Afrobarometer survey data (Round 8, 2019-2021) paints a stark picture with 86% of Kenyans and 93% of Ghanaians expressing intolerance towards the LGBT community. This high level of intolerance exists despite the Universal Declaration of Human Rights guaranteeing non-discrimination based on sexual orientation. Furthermore, across Africa, laws criminalizing consensual same-sex sexual activity remain commonplace. Contrarily, South Africa stands as a notable exception with its recognition of same-sex relationships (1997) and same-sex marriages (2006). This commentary delves into the recent discourse surrounding anti-LGBT legislation in Ghana and Kenya, exploring the complex interplay between cultural norms, legal frameworks, the global push for human rights, and the implications of anti-LGBT legislation on the community.

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