Just over a year after a landmark legal victory overturned 186 years of state-sanctioned discrimination of LGBTQIA+ people in Mauritius, we reflect on Open Briefing’s partnership with the Human Dignity Trust and Collectif Arc-En-Ciel to support the remarkable plaintiff, Abdool Ridwan Firaas Ah Seek, in this groundbreaking case.

Living as an LGBTQIA+ person can be life-threatening in many parts of the world. Sixty three countries criminalise consensual same-sex sexual activity and 14 criminalise the gender identity or expression of transgender people. In detention, LGBTQIA+ people endure verbal harassment, physical assault, and sexual violence. Advocates have documented cases of torture and ill-treatment of those detained. Twelve countries impose the death penalty for consensual same-sex sexual intimacy.

Even when unenforced, these laws fuel systemic discrimination. They limit LGBTQIA+ people’s access to healthcare, legal representation, and employment, and foster environments of harassment, extortion, and violence. Under these legal regimes, LGBTQIA+ people feel excluded from society and unable to report crimes due to the threat of abuse and arrest by authorities.

Using the law to defend LGBTQIA+ rights

LGBTQIA+ activists across the globe are using strategic litigation to challenge laws that persecute people based on their sexual orientation or gender identity. Disrupting the status quo carries significant risks. “You are not only taking on the government,” explains Mike Gonzalez Brun, a safety and security coordinator at Open Briefing, “You are publicly stating your LGBTQIA+ identity in an actively hostile environment.”

The Human Dignity Trust is at the forefront of this global effort. “Across the world, lesbian, gay, bisexual, and transgender people are criminalised for who they are and who they love,” its chief executive, Téa Braun, told us. Crucially, their ‘do no harm’ principle ensures that activists are safeguarded during strategic litigation. Our CEO first met the Human Dignity Trust team seven years ago. Since then, Open Briefing has become one of their key partners in protecting plaintiffs, often in close collaboration with grassroots LGBTQIA+ networks and associations.

As well as supporting the Trust’s partners in Namibia and Sri Lanka, we worked together to support the plaintiff in a groundbreaking case before the Supreme Court of Mauritius.

Challenging state-sanctioned prejudice in Mauritius

In 2019, Abdool Ridwan Firaas Ah Seek – also known as Ryan – brought a case before the Supreme Court of Mauritius, challenging Section 250 of the Mauritian Criminal Code. For 186 years, this colonial-era law criminalised ‘sodomy’ and carried a maximum penalty of five years in prison.

Ryan is a gay Mauritian activist and passionate advocate for the rights of LGBTIQIA+ people. In 2019, he became president of Collectif Arc-En-Ciel (CAEC), the largest and longest-standing organisation in Mauritius championing the rights of LGBTQIA+ people. Ryan explained his motivation for taking on the case as “I believe strongly in equality, human rights, and respecting people for who they are and what they believe. I wanted to take on this important challenge for protecting the rights of LGBTQIA+ people in Mauritius.” Represented by a local legal team and with assistance from the Human Dignity Trust, Ryan also received holistic security support from Open Briefing, which focused on safeguarding his physical safety and emotional wellbeing.

Mike led Open Briefing’s support and worked closely with Ryan to conduct a comprehensive risk assessment. They co-developed tailored strategies and security plans for before, during, and after the court hearings. Despite feeling confident going into the case, Ryan found that being in the public eye affected him. “Being scrutinised by the media, lawyers, and judges felt like my life was being judged,” he said. “Mike made me realise that my first job was to protect myself. He assessed everything – not to make me fearful, but so I would be aware of the risks and prepared for anything.”

Rosie Brighouse, a senior lawyer at the Human Dignity Trust, noted that activists who have long been involved in high-risk work are sometimes sceptical of protection support. However, she commended Open Briefing’s approach, telling us “You brought a critical human element. Your security experts don’t have military backgrounds. Instead, they bring different expertise and share the same ethos and values as the activists we work with.”

A tailored and co-designed approach

The trust and rapport built between Ryan and Open Briefing’s team was essential for ensuring the security measures were relevant, tailored to his needs, and culturally appropriate. “The work was not only thoughtful and rigorous, it was human and flexible to Ryan’s needs,” said Rosie. Ryan added that Mike took the time to understand his life. “We talked about how important it was for me to keep going to the gym for both my physical and mental health. So we worked together to find a way to do that safely.”

Beyond physical safety, Mike emphasised the importance of preparing Ryan for the psychological impact that could come with public scrutiny. “We checked in regularly, not only on his physical safety, but so he knew that Open Briefing was there to also support his wellbeing and resilience,” said Mike. Anticipating a potential public backlash, we also collaborated with Ryan and his legal team to prepare for difficult outcomes around the judgement. Ryan appreciated how Mike adapted his work to the local context. “He didn’t just give me plans that would work in Europe. Mike asked questions and thought about how things would work in Mauritius.”

The Supreme Court ruling

In October 2023, the Supreme Court found that the laws criminalising same-sex sexual activity did not “reflect any indigenous Mauritian values” but were instead “imposed on Mauritius and other colonies by British rule.”

The decision was historic, aligning Mauritius with a growing number of countries in the Southern African Development Community (SADC) that have decriminalised same-sex sexual activity, including Angola, Botswana, Lesotho, Mozambique, Seychelles, and South Africa. “I was really pleased with the judgement,” shared Ryan. “The feeling in the country was mixed, but there was so much support from the LGBTQIA+ community in Mauritius and interest from across the world.”

The judgment itself is not the end of the story. As the Human Dignity Trust’s chief executive points out, “Even though laws can change, society often lags behind.” To minimise the potential backlash, the Trust worked with Ryan and CAEC on media strategies around a judgment. “I know that not everyone was going to like the judgement, but I wanted them to understand that we need to respect people and their rights,” said Ryan. The security plans co-developed with Open Briefing helped him engage safely with local and international media, including the BBC News and Reuters.

The wider impact

The collaboration between Open Briefing and the Human Dignity Trust also had a broader impact. It helped inspire the Trust to prioritise the wellbeing of activists at its most-recent retreat for plaintiffs. The Trust also continues to refer LGBTQIA+ activists to Open Briefing’s rapid response mechanism for holistic security support.

“It is invaluable to have an organisation like Open Briefing offering fully-funded holistic security support for LGBTQIA+ activists and organisations at risk,” said Rosie from the Human Dignity Trust. ”I see a need for this type of support every day in my work with LGBTQIA+ activists across the globe.”

Open Briefing is proud to have acted in solidarity with Ryan and his legal partners in their efforts to promote and protect the rights of LGBTQIA+ people in Mauritius. “It was a privilege to get the chance to work with Ryan,” shared Mike. “I got to know a person who is incredibly brave, full of love, and deeply committed to promoting human rights, so that everyone can live with dignity.”

Reflecting on his experience, Ryan said, “I would really recommend working with Open Briefing. Whenever I felt unsafe, I trusted that they would be there. I now understand how important it was to have their support and be aware of the risks I faced.” With characteristic passion and modesty, he added “I just hope that future generations will live freely and make an even bigger impact.”