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There has been a rise in the use of strategic litigation related to seeking equality for lesbian, gay, and bisexual (LGB) persons. Such developments are taking place against the backdrop of active homophobia in Africa. The law and the general public should, argues the author, treat LGB persons in the same way that heterosexuals are treated. In the past two decades,30 strategic cases have been ¿ led by LGB activists in the Common Law African countries, namely in Botswana, Kenya, Nigeria, South Africa, and Uganda. While the majority of the cases have been successful, they have not resulted in signi¿cant social change in any of the countries. On the contrary, there have been active backlashes, counter-mobilisations, and violence against LGB persons, as well as the further criminalisation of same-sex relations and constitutional prohibitions on same-sex marriages in some of the jurisdictions. The author argues that activists in Common Law Africa have to design LGB strategic litigation in such a way as to ¿ t within the actual social and political conditions in their countries if strategic litigation is to spur social change.
About the author
Dr. Adrian Jjuuko is a Ugandan human rights lawyer, researcher and consultant. He is the founder and Executive Director of Human Rights Awareness and Promotion Forum (HRAPF). HRAPF operates the first and only specialised legal aid clinic for marginalized persons in Uganda, and has been instrumental in carrying out advocacy and strategic litigation against laws that violate or threaten the rights of LGBTI persons and other minorities in Uganda.
Dr. Jjuuko holds an LLD from the University of Pretoria, and his research LLD thesis is titled 'Beyond court victories: Using strategic litigation to stimulate social change in favour of lesbian, gay, and bisexual persons in Common Law Africa.' He also holds an LLM in Human Rights and Democratisation in Africa from the University of Pretoria, an LLB from Makerere University Kampala, Uganda, and a postgraduate Diploma in Legal Practice from the Law Development Centre, Kampala.
Dr. Jjuuko is the author of three books, five journal articles and a contributor to an encyclopedia. He has delivered talks/lectures on his work at leading universities around the world, including Harvard Law School, University of Pretoria, University of Toronto and University of Bergen. He is a consultant facilitator at human rights and trainings in Uganda and outside abroad. His research interests are in the areas of: LGBTI rights, democracy and human rights, the right to health, and children's rights.
