CONSTITUTIONAL PROTECTION OF THE LGBT RIGHTS AND ACCESS TO JUSTICE: A CASE ANALYSIS OF SELECT EAST AFRICAN COMMUNITY (EAC) STATES
Abstract
This study reviewed the constitutional protection of the LGBT rights and access to justice in the selected East African Community (EAC) states. The reviewed concentrated on public online information search of Kenya, Uganda, Tanzania, Rwanda and Uganda, covering the past two decades. The study showed that LGBT existed long before white occupation in East African’s regions. The study indicated that the existing laws which were based on religious foundations while lacking any traditional or ethnic backing had not been revised even after the exit of the imperial powers. The study noted that modern day churches were active advocates of LGBT intolerance in Africa. The research noted that Pentecostal-Charismatic forms of Christianity had expanded magnificently across East Africa and all-over sub-Saharan Africa and they were leading in global opposition of same-sex relationships and increasing gay rights.
References
Beyers, Jacob. “Insights from Hans Achterhuis Applied to the Violence on LGBT Communities in Uganda.” Journal for the Study of Religion, vol. 29, no. 1, 2016, pp. 150–166. JSTOR, www.jstor.org/stable/24805711. Accessed 22 Jan. 2021.
Brockman, Norbert. Review of Boy-Wives and Female Husbands: Studies of African Homosexualities. Africa Today 47, no. 1 (2000): 153-155. doi:10.1353/at.2000.0005.
Finerty , Courtney. Being Gay in Kenya.(2015). The Implications of Kenya’s New Constitution for its Anti-Sodomy Laws. Cornell International Law Journal.
Gifford, Paul (2009). Christianity, Politics and Public Life in Kenya. London: Hurst & Co.
Human Rights Watch.2018. Tanzania: Mixed Messages on Anti-Gay Persecution. Retrieved from https://www.hrw.org/news/2018/11/06/tanzania-mixed-messages-anti-gay-persecution
Parsitau, Damaris, and Philomena NjeriMwaura (2 010 ). ‘G od in the City: Pentecostalism as an Urban Phenomenon in Kenya’, StudiaHistoriaeEcclesiasticae 36/2 , 9 5 – 112 .
Persaud, Ashley. (2020). Court Awards Damages to 20 LGBT Youth in Uganda. Human Rights Watchhttps://www.hrw.org/news/2020/07/10/court-awards-damages-20-lgbt-youth-uganda.
Spartacus International Gay Guide, 2007. Bruno Gmunder Verlag,
The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA).2018. Minorities Report 2017: Attitudes to sexual and gender minorities around the world.
Transparency International.(2020). Uganda's new anti-human rights laws aren't just punishing LGBTI people. Retrieved from https://www.amnesty.org.uk/uganda-anti-homosexual-act-gay-law-free-speech 24th January 24, 2021
Van Klinken, Adrian (2016). A Kenyan Queer Prophet: Binyavanga Wainaina’s Public Contestation of Pentecostalism and Homophobia. University of Leeds.