Queering Rights: The Uneven Possibilities and the Limits of the Law

Lwando Scott

In the past year Ghana and Uganda have made headlines for their efforts to criminalise homosexuality and gender diversity through the law. The Anti-Homosexuality position is well known in a number of African states. While South Africa has created a landscape of progressive legislation with regards to gender and sexuality rights in the post-apartheid era, there are signs that the Anti-Gender, Anti-Homosexuality, and Anti-Rights politics are also present in South Africa. The discourse around these "Anti" movements is traveling from the Global North through extreme Right-Wing politics, and it is starting to influence public discourse in South Africa. While queer activism has created legislative gains and there are anti-discrimination laws in place for queer people in post-apartheid South Africa, Rights remain inaccessible in the everyday lives of LGBTI people. This inaccessibility points us to the limits of the law, that while LGBTI protective laws can be erected through the state, that is not enough, more is required for law to become a reality in LGBTI people's lives. With the rise of the Anti-Gender Movement, queer activism partnership building, providing a political education, and the creation of a unified voice has become paramount. In queer activism in South Africa, there is desire for a strategic coming together and planning of LGBTI futures beyond what the law has given us.