Transitional Justice and the Inclusion of LGBTQIA+ Rights
The aim of transition is to shift from authoritarian and exclusive governance to a more inclusive and democratic system. Transitional justice seeks to recognise past abuses and traumas, and give rise to new societies that embrace diversity and include the rights of all individuals. The LGBTQIA+ community has been targeted historically and is in need of more focused consideration. Over the last few years, there has been an increased visibility of the state of the lives of the LGBTQIA+ population throughout Africa. What has been uncovered is that LGBTQIA+ lives have been plagued by severe violence during conflict and post-conflict phases, and for the most part these experiences have gone unspoken and undocumented. This policy brief explores the challenges and opportunities of the inclusion of LGBTQIA+ rights in transitional justice processes using three country case studies: South Africa, Kenya and Uganda. In order to address this gap in policy and practice, we first need to have a clear understanding of the meaning of gender and sexual orientation and why these constructs are so closely linked to conflict and violence.