Families, Srhr and Heteronormativity in Africa: Time to Rethink the Maputo Protocol?

In most African societies, sexual orientation has been exclusively linked with identifying as “heterosexual” as it is believed that through heterosexuality, African culture and traditions can be preserved (Sebaeng et al., 2022). From 2010, there has been gradual progress in the protection of the rights of same-sex couples as six countries have legalised same-sex partnerships. These include Lesotho (2010), Seychelles (2016), Mozambique (2018), Botswana (2019), Angola (2021) and Mauritius (2023). To date, the only African country that recognises same-sex marriage is South Africa (since 2006) and hence most of the data on same-sex families originate from South African literature focusing on lesbian and gay parented families (See Breshears and Lubbe - De Beer, 2016; Lubee 2008). In 2022, another important development took place when the Supreme Court of Namibia recognised same-sex marriages performed abroad showing that the shift towards the protection of same-sex partnerships is ongoing and real. Interestingly, the same developments do not seem to have occurred in the above mentioned countries when exploring the access to sexual and reproductive health rights (SRHR). For instance, only South Africa has liberalised abortions while Mozambique does not seem to implement liberalisation due to high levels of stigma (FIGO, 2021). Scholarship has criticised the Protocol for failing to protect LGBT individuals (Izugbara et al., 2020) as the understanding of family under the Protocol is deeply heteronormative. This presentation explores through the use of bibliographical research and the outcomes of the fieldwork of the author in Mozambique: how do these developments impact the overall situation of LGBT and women’s rights in Africa? How should these developments affect the understanding and reading of the Maputo Protocol to follow societal developments and secure LGBT rights and women’s rights?