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 ﬁled by LGB activists in the Common Law African countries, namely in Botswana, Kenya, Nigeria, South Africa, and Uganda.
The author argues that activists in Common Law Africa have to design LGB strategic litigation in such a way as to ﬁt within the actual social and political conditions in their countries if strategic litigation is to spur social change.
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.