Global InformationLGBT rights in Africa information
 | This article may require copy editing for grammar, style, cohesion, tone, or spelling. (September 2023) |
LGBT rights in Africa | |
|---|---|
 Same-sex marriage
Limited recognition (foreign residency rights)
Homosexuality legal but no recognition
Prison but unenforced
Punishable by prison
Death penalty but unenforced
Enforced death penalty | |
| Status | Legal in 23 out of 54 countries; equal age of consent in 17 out of 54 countries Legal, with an equal age of consent, in all 8 territories |
| Gender identity | Legal in 4 out of 54 countries Legal in 7 out of 8 territories |
| Military | Allowed to serve openly in 1 out of 54 countries Allowed in all 8 territories |
| Discrimination protections | Protected in 8 out of 54 countries Protected in all 8 territories |
| Family rights | |
| Recognition of relationships | Recognized in 2 out of 54 countries Recognized in all 8 territories |
| Restrictions | Same-sex marriage constitutionally banned in 9 out of 54 countries |
| Adoption | Legal in 1 out of 54 countries Legal in all 8 territories |
Lesbian, gay, bisexual, and transgender (LGBT) rights in Africa are in most countries very poor in comparison to the Americas, Western Europe and Oceania.[a]
Out of the 54 states recognised by the United Nations or African Union or both, homosexuality is outlawed in 31 African countries as of October 2023. Human Rights Watch notes that another two countries, Benin and the Central African Republic, do not outlaw homosexuality, but have some laws which discriminate against homosexual individuals.[1] Many of the laws that criminalize homosexuality are colonial-era laws.[2] Most states which have legalised homosexuality do not have legislation specifically protecting homosexuals from discrimination in areas of life such as employment.[3]
Homosexuality has never been criminalised in Benin, Burkina Faso, the Central African Republic, Djibouti, Ivory Coast, Democratic Republic of the Congo, Republic of the Congo, Equatorial Guinea, Madagascar, Mali, Niger, and Rwanda, and has been decriminalised in Angola, Botswana, Cape Verde, Guinea-Bissau, Lesotho, Mauritius, Mozambique, São Tomé and Príncipe, the Seychelles and South Africa. However, in 6 of these countries (Benin, Gabon, Ivory Coast, Republic of the Congo, Niger and Madagascar), the age of consent is higher for same-sex sexual relations than for opposite-sex ones.
In November 2006, South Africa became the first country in Africa and the fifth country in the world to legalize same-sex marriage. In May 2023, the Supreme Court of Namibia ruled foreign same-sex marriages must be recognized equally to heterosexual marriages. LGBT anti-discrimination laws exist in eight African countries: Angola, Botswana, Cape Verde, Mauritius, Mozambique, Namibia, Seychelles, and South Africa.
In some of the countries with criminal punishments for homosexuality, governments have recently been enforcing the law more harshly, and many legislators have recently proposed stricter sentences for same-sex activity. Uganda's Anti-Homosexuality Act, 2023, which allows the death sentence for certain types of consensual same-sex activities, has attracted international attention.[4]
Since 2011, some developed countries have been considering or implementing laws that limit or prohibit general budget support to countries that restrict the rights of LGBT people.[5] In spite of this, many African countries have refused to consider increasing LGBT rights,[6] and in some cases have drafted laws to increase sanctions against LGBT people.[7] Past African leaders such as Zimbabwe's Robert Mugabe and Uganda's Yoweri Museveni claimed that LGBT behaviour was brought into the continent from other parts of the world. Nevertheless, most scholarship and research demonstrates that homosexuality has long been a part of various African cultures.[8][9][10][11]
Cite error: There are <ref group=lower-alpha> tags or {{efn}} templates on this page, but the references will not show without a {{reflist|group=lower-alpha}} template or {{notelist}} template (see the help page).
- ^ Ferreira, Louise (28 July 2015). "How many African states outlaw same-sex relations? (At least 34)". Archived from the original on 22 April 2019. Retrieved 28 August 2015.
- ^ Han, Enze; O'Mahoney, Joseph (15 May 2018). "How Britain's colonial legacy still affects LGBT politics around the world". The Conversation. Retrieved 19 April 2023.
- ^ https://www.statista.com/statistics/1270042/protection-against-sexual-orientation-discrimination-in-employment-in-africa/
- ^ Dreier, Sarah K.; Long, James D.; Winkler, Stephen J. (June 2020). "African, Religious, and Tolerant? How Religious Diversity Shapes Attitudes Toward Sexual Minorities in Africa". Politics and Religion. 13 (2): 273–303. doi:10.1017/S1755048319000348.
- ^ ""Cameron threat to dock some UK aid to anti-gay nations", BBC News, 30 October 2011". BBC News. Archived from the original on 18 June 2019. Retrieved 10 October 2014.
- ^ ""Ghana refuses to grant gays' rights despite aid threat", BBC News, 2 November 2011". BBC News. Archived from the original on 22 April 2019. Retrieved 10 October 2014.
- ^ ""Uganda fury at David Cameron aid threat over gay rights", BBC News, 31 October 2011". BBC News. Archived from the original on 22 April 2019. Retrieved 10 October 2014.
- ^ Anthony Appiah and Henry Louis Gates, Encyclopedia of Africa, Volume 2 OUP, USA, 2010
- ^ "South Africa: LGBT Groups Respond To Contralesa's Stance on Same Sex Marriage | OutRight Action International". Outrightinternational.org. 26 October 2006. Archived from the original on 11 April 2019. Retrieved 29 September 2015.
- ^ Shaw, Angus (21 May 2012). "Zimbabwe Rejects UN Appeal for Gay Rights, Denies Torture Claims". The Huffington Post. Harare. Archived from the original on 30 September 2015. Retrieved 29 September 2015.
- ^ ""Gambian President Says No to Aid Money Tied to Gay Rights", Voice of America, reported by Ricci Shryock, 22 April 2012". VOA. Archived from the original on 18 October 2014. Retrieved 10 October 2014.