In a groundbreaking move, Mauritius’ Supreme Court declared Section 250 of the Criminal Code unconstitutional, dismantling a colonial-era law that criminalized same-sex relations. This decision, reached on Wednesday, marks a significant victory for human rights advocates and the LGBTQI+ community in the country.But how do the rest of the world view this?
The repealed law, dating back to 1898, had threatened individuals with imprisonment for up to five years solely based on their engagement in same-sex relationships. The Supreme Court’s ruling highlighted that this outdated legislation did not align with the values of indigenous Mauritians but was a lingering vestige of the nation’s colonial past under British rule.
The journey toward this historic repeal traces back to October 2019 when four courageous members of the Young Queer Alliance, a rights group, filed a legal challenge. Citing a violation of their fundamental rights and freedoms, they set in motion a legal process that ultimately led to the striking down of the discriminatory law.
United Nations Message to Mauritius
International bodies, including the United Nations and various human rights organizations, have applauded Mauritius for embracing the principles of equality and human rights. UNAids, in a statement, welcomed Mauritius into the growing list of African countries that are championing LGBTQI+ rights. This decision aligns Mauritius with nations like Angola, Botswana, Seychelles, and Mozambique, which have either decriminalized or legalized same-sex relationships.
In addition , Amnesty International, an organisation that tirelessly champions human rights across the globe also showed their support and approval of the land mark decision taken by Mauritius.
African Countries Against LGBTQI+
According to the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), 32 out of 54 African countries have laws that criminalize same-sex sexual activity.
While Mauritius celebrates this milestone, the situation in Uganda tells a different story. Uganda, like several other African nations, still grapples with laws that criminalize same-sex relations. The legal landscape in Uganda remains hostile towards the LGBTQI+ community, with laws that can result in severe penalties, including imprisonment.
As Mauritius takes a progressive step forward, the differing stance in Uganda underscores the ongoing struggle for LGBTQI+ rights across the African continent. While some nations are dismantling discriminatory laws, others are yet to embrace the principles of equality and human rights for all. The journey toward acceptance and inclusivity continues, with each legal victory serving as a beacon of hope for marginalized communities striving for recognition and justice.