LGBTQ rights in Africa

LGBTQ 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 22 out of 54 countries; equal age of consent in 18 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 10 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 is 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 generally poor in comparison to the Americas, Western Europe, and Oceania. ^[a]

As of June 2024, homosexuality is outlawed in 32 out of the 54 African states recognized by the United Nations or African Union. Human Rights Watch notes that another two countries, Benin and the Central African Republic, do not outlaw homosexuality but have some laws that 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, Côte d'Ivoire, the Democratic Republic of the Congo, the Republic of the Congo, Equatorial Guinea, Madagascar, Mali, Niger, and Rwanda, and was decriminalised in Angola, Botswana, Cape Verde, Gabon, Guinea-Bissau, Lesotho, Mauritius, Mozambique, Namibia, São Tomé and Príncipe, Seychelles, and South Africa. However, in six 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. Namibia was the most recent country in Africa to decriminalize homosexuality.^{[ citation needed ]}

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.^{[ citation needed ]} LGBT anti-discrimination laws exist in ten African countries: Angola, Botswana, Cape Verde, Mauritius, Mozambique, Namibia, Rwanda, São Tomé and Príncipe, Seychelles, and South Africa.

In some 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 of 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] Despite 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 demonstrate that homosexuality has long been a part of various African cultures. ^{[8] [9] [10] [11]}

Overview

In a 2011 UN General Assembly declaration for LGBT rights, state parties were given a chance to express their support, opposition, or abstention on the topic. Only Cape Verde, Central African Republic, Gabon, Guinea-Bissau, Mauritius, Rwanda, São Tomé and Príncipe, Seychelles, Sierra Leone, and South Africa expressed their support.^{[ citation needed ]} A majority of African countries expressed their opposition. State parties that expressed abstention were Angola, Botswana, Burkina Faso, Burundi, Democratic Republic of the Congo, Equatorial Guinea, Ghana, Lesotho, Liberia, Madagascar, Mozambique, Namibia, Republic of the Congo, and Zambia.^{[ citation needed ]}

In southern Somalia, Somaliland, Mauritania, northern Nigeria, and Uganda, homosexuality results in the death penalty. ^{[12] [13]} In Sudan, Gambia, Tanzania, and Sierra Leone, offenders can receive life imprisonment for homosexual acts, although the law is not enforced in Sierra Leone. In addition to criminalizing homosexuality, Nigeria has enacted legislation that would make it illegal for heterosexual family members, allies, and friends of LGBT people to be supportive. According to Nigerian law, a heterosexual ally "who administers, witnesses, abets or aids" any form of gender non-conforming and homosexual activity could receive a ten-year jail sentence. ^[14]

The Republic of South Africa has the most liberal attitudes toward gays and lesbians, as the country has legalized same-sex marriage and its Constitution guarantees gay and lesbian rights and protections. South Africa is the only country in Africa where any form of discrimination against the LGBT community is constitutionally forbidden. In 2006, South Africa became the first country in Africa and the fifth in the world to enact same-sex marriage. Discrimination is, however, far rarer in bigger cities, and there are large LGBT communities in cities like Johannesburg, Cape Town, Durban, Pretoria, Port Elizabeth, East London, Bloemfontein, Nelspruit, Pietermaritzburg, Kimberley, and George. South Africa's three largest cities, Johannesburg, Durban, and Cape Town, are considered fairly accepting of the LGBT community and are promoted as tourist destinations for LGBT people. However, despite legal recognition, social discrimination against South African LGBT people does still occur, particularly in rural areas, where it is fueled by a number of religious figures and traditions. Spanish, Portuguese, British, and French territories legalised same-sex marriages. ^{[15] [16]}

Travel advisories encourage gay and lesbian travelers to use discretion whilst in Africa to ensure their safety, including by avoiding public displays of affection (advice that applies to both homosexual and heterosexual couples). ^[17] While South Africa is perceived as being the most supportive African country regarding the legal status of LGBT rights, nations like Namibia, Cape Verde, Mauritius, Seychelles, Angola, Botswana, Mozambique, São Tomé and Príncipe and Rwanda are also recognized for their social acceptance and tolerance of LGBT rights. ^[18] There are an estimated fifty million Africans who are not heterosexual. ^[19]

History of male homosexuality in Africa

Further information: LGBT history § Africa, and History of homosexuality § Africa

Ancient history

Egypt

Main article: Homosexuality in ancient Egypt

It remains unclear what view the ancient Egyptians fostered about homosexuality. Any document and literature that actually contains sexually oriented stories never names the nature of the sexual deeds but instead uses stilted and flowery paraphrases. Ancient Egyptian documents never clearly say that same-sex relationships were seen as reprehensible or despicable. No ancient Egyptian document mentions that homosexual acts were set under penalty. Thus, a straight evaluation remains problematic. ^{[20] [21]}

Niankhkhnum and Khnumhotep kissing

The best-known case of possible homosexuality in ancient Egypt is that of the two high officials Niankhkhnum and Khnumhotep. Both men lived and served under Pharaoh Niuserre during the 5th Dynasty (c. 2494–2345 BC). ^[20] Niankhkhnum and Khnumhotep each had families of their own with children and wives, but when they died, their families decided to bury them together in the same mastaba tomb. In this mastaba, several paintings depict both men embracing each other and touching their faces nose-on-nose. These depictions leave plenty of room for speculation because in ancient Egypt the nose-on-nose touching normally represented a kiss. ^[20]

Egyptologists and historians disagree about how to interpret the paintings of Niankhkhnum and Khnumhotep. Some scholars believe that the paintings reflect an example of homosexuality between two married men and prove that the ancient Egyptians accepted same-sex relationships. ^[22] Other scholars disagree and interpret the scenes as evidence that Niankhkhnum and Khnumhotep were twins, even possibly conjoined twins. No matter what interpretation is correct, the paintings show at the very least that Niankhkhnum and Khnumhotep must have been very close to each other in life as in death. ^[20]

The Roman Emperor Constantine in the 4th century AD is said to have exterminated a large number of "effeminate priests" based in Alexandria. ^[8]

Modern history

North Africa

North Africa contained some of the most visible and well-documented traditions of homosexuality in the world–particularly during the period of Mamluk rule. Arabic poetry emerging from cosmopolitan and literate societies frequently described the pleasures of pederastic relationships. There are accounts of Christian boys being sent from Europe to become sex workers in Egypt. In Cairo, cross-dressing men called khawal would entertain audiences with song and dance (potentially of pre-Islamic origin). ^[8]

The Siwa Oasis in Egypt was described by several early twentieth-century travellers as a place where same-sex sexual relationships were quite common. A group of warriors in this area were known for paying reverse dowries to younger men, a practice that was outlawed in the 1940s. ^[8]

Siegfried Frederick Nadel wrote about the Nuba tribes in Sudan in the late 1930s. ^[23] He noted that among the Otoro, a special transvestic role existed whereby men dressed and lived as women. Transvestic homosexuality also existed amongst the Moru, Nyima, and Tira people, and reported marriages of Korongo londo and Mesakin tubele for the bride price of one goat. In the Korongo and Mesakin tribes, Nadel reported a common reluctance among men to abandon the pleasure of all-male camp life for the fetters of permanent settlement.

East Africa

Gender-nonconforming and homosexuality have been reported in numerous East African societies. In pre-colonial East Africa, there have been examples of male priests in traditional religions dressing as women. British social anthropologist Rodney Needham has described such a religious leadership role called "mugawe" among the Meru people and of Kenya, which included wearing women's clothes and hairstyle. ^[24] Mugawe are frequently homosexual and sometimes are formally married to a man.

A similar role is played by some men within the Swahili-speaking mashoga—who often take on women's names and cook and clean for their husbands. ^[8]

Ethiopia

In Ethiopian history, the recognition of same-sex activity is obscure, which means little evidence is left for scholarly research. However, The Life and Struggles of Our Mother Wälättä P̣eṭros (1672) is the first reference to homosexuality between nuns in Ethiopian literature. ^{[25] [26]} In the country’s Constitution's Article 629, same-sex activity is criminalized with up to fifteen years of life imprisonment. ^[27]

According to the Pew Research Center in 2007, 97% of Ethiopians said that homosexuality is a way of life that society should not accept, marking the highest level of rejection after Mali. The Ethiopian Orthodox Tewahedo Church plays a significant role in maintaining society’s opinion against homosexuality, and some members form anti-gay movements. One of them is "Zim Anlem" founded by Dereje Negash, who is strongly affiliated with the Church.

Among the Maale people of southern Ethiopia, historian Donald Donham documented "a small minority [of men] crossed over to feminine roles. Called ashtime, these (biological) males dressed like women, performed female tasks, cared for their own houses, and apparently had sexual relations with men". They were also protected by the king.

Uganda

Similarly to neighbouring Kenya, male homosexual relations were acknowledged and tolerated in precolonial Ugandan society. Among the Baganda, Uganda's largest ethnic group, homosexuality was usually treated with indifference. The Luganda term abasiyazi refers to homosexuals, though usage nowadays is commonly pejorative. Among the Lango people, mudoko dako individuals were believed to form a "third gender" alongside male and female. The mudoko dako were effeminate men, mostly treated by Langi society as women, and could marry other men without social sanctions. ^{[28] [29]} Homosexuality was also acknowledged among the Teso, Bahima, Banyoro, and Karamojong peoples. ^[30] Societal acceptance eroded after the arrival of the British and the creation of the Protectorate of Uganda. ^{[31] [32] [33]}

Kenya

Swedish anthropologist Felix Bryk reported active (i.e., insertive), and also mentioned "homo-erotic bachelors" among the pastoralist Nandi and Maragoli (Wanga). The Nandi as well as the Maasai would sometimes cross-dress as women during initiation ceremonies.

West Africa

The Dagaaba people, who lived in Burkina Faso, believed that homosexual men were able to mediate between the spirit and human worlds. ^{[34] [ citation needed ]} They also believed that gender was based on the energy of a person rather than that of anatomy. ^{[35] [36]}

Southern Africa

Writing in the 19th century about the area of today's southwestern Zimbabwe, David Livingstone asserted that the monopolization of women by elderly chiefs was essentially responsible for the "immorality" practised by younger men. ^[37] Edwin W. Smith and A. Murray Dale mention one Ila-speaking man who dressed as a woman, did women's work, and lived and slept among, but not with, women. The Ila label mwaami they translated as "prophet". They also mentioned that pederasty was not rare, "but was considered dangerous because of the risk that the boy will become pregnant". ^[38]

Marc Epprecht's review of 250 court cases from 1892 to 1923 found cases from the beginnings of the records. The five 1892 cases all involved black Africans. A defense offered was that "sodomy" was part of local "custom". In one case a chief was summoned to testify about customary penalties and reported that the penalty was a fine of one cow, which was less than the penalty for adultery. Over the entire period, Epprecht found the balance of black and white defendants proportional to that in the population. He notes, however, only what came to the attention of the courts—most consensual relations in private did not necessarily provoke notice. Some cases were brought by partners who had been dropped or who had not received promised compensation from their former sexual partner. Although the norm was for the younger male to lie supine and not show any enjoyment, let alone expect any sexual mutuality, Epprecht found a case in which a pair of black males had stopped their sexual relationship out of fear of pregnancy, but one wanted to resume taking turns penetrating each other. ^[38]

Malawi

Demone talks about how Malawi culture does not value homosexuality as something acceptable in their culture. British Colonial rule included laws against homosexuality, which influenced later government policies. Although Malawi gained its independence from Britain in 1964, Malawi officials kept their anti-homosexuality laws enforced. ^[39]

In 2010, there was a case in Malawi about a man named Steven Monjeza Soko and a transgender woman, named Tiwonge Chimbalanga Kachepa, who had an engagement ceremony, were caught by the Malawi Police and charged. The court denied bail and sentenced both Soko and Kachepa to prison. The court did not have evidence of sexual activity and based the sentence on the grounds that Soko and Kachepa had the ceremony. ^[40]

In Malawi prisons, there is documented homosexual behavior. ^[41] During the 1980s and early 1990s, President Hasting Kamuzu Banda ignored the massive rise of HIV/AIDS. In the late 1990s and early 2000s, Malawians became increasingly educated on HIV/AIDS, but they associated it with homosexual behavior.

Morocco

Nicholas Hersh reports how in Morocco, LGBTQ asylum-seekers and refugees fear for their lives due to their sexual orientation or gender identity. ^[42] Queer Moroccan Refugees experience social discrimination and violence, including rape and imprisonment. Queer Moroccan Refugees who have been outed in their communities may experience poverty and may resort to sex in exchange for housing. ^[43]

Legislation by country or territory

List of countries or territories by LGBT rights in Africa

This table: view talk edit Northern Africa LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB people allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression Algeria Illegal since 1966 Penalty: Up to 3 years imprisonment with fines up to 10,000 dinars. [44] Torture, [45] beatings, [46] or vigilante executions are also common. Canary Islands (Autonomous community of Spain) Legal since 1979 + UN decl. sign. [47] De facto unions legal since 2003 [48] Legal since 2005 [49] Legal since 2005 [50] [51] Spain responsible for defence Bans all anti-gay discrimination [52] Since 2007, all documents can be amended to the recognised gender [53] Ceuta (Autonomous city of Spain) Legal since 1979 + UN decl. sign. [47] De facto union since 1998 [54] Legal since 2005 [49] Legal since 2005 [50] Spain responsible for defence Bans all anti-gay discrimination Since 2007, all documents can be amended to the recognised gender [53] Egypt / Ambiguous. Male de jure legal, but de facto illegal since 2000 Penalty: Up to 17 years imprisonment with or without hard labour and with or without fines under broadly-written morality laws. [47] [55] Libya Illegal since 1953 Penalty: Up to 5 years in jail or vigilante execution. [56] [57] Madeira (Autonomous region of Portugal) Legal since 1983 + UN decl. sign. [47] De facto union since 2001 [58] [59] Legal since 2010 [60] Legal since 2016 [61] [62] [63] Portugal responsible for defence Bans all anti-gay discrimination. [52] Since 2011, all documents can be amended to the recognised gender [64] Melilla (Autonomous city of Spain) Legal since 1979 + UN decl. sign. [47] De facto union since 2008 [65] Legal since 2005 [49] Legal since 2005 [50] Spain responsible for defence Bans all anti-gay discrimination [66] Since 2007, all documents can be amended to the recognised gender [53] Morocco (including Southern Provinces) Illegal since 1962 Penalty: Up to 3 to 6 years imprisonment with hard labour. [47] [67] Sahrawi Arab Democratic Republic (Disputed territory; excluding Southern Provinces) Illegal Penalty: Up to 3 years imprisonment. [47] [68] [69] Sudan Illegal since 1899 (as Anglo-Egyptian Sudan) Penalty: Life imprisonment for a third offense of anal sex. [70] Tunisia Illegal since 1913 (as the French protectorate of Tunisia) Penalty: 3 years imprisonment. [47] [71] [72] Western Africa LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB people allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression Benin Legal (No laws against same-sex sexual activity have ever existed in the country); [47] [73] Age of consent discrepancy [47] Burkina Faso Legal, Criminalization pending since 2024 (Law hasn't come into effect yet) [74] Constitutional ban since 1991 Cape Verde Legal since 2004 + UN decl. sign. [47] Bans some anti-gay discrimination [47] Gambia Illegal since 1888 (as the Gambia Colony and Protectorate) Penalty: Up to Iife imprisonment. [47] [75] [76] Forms of gender expression criminalized since 2013 [77] Ghana Male illegal since 1892 (as the Gold Coast) Penalty: Up to 3 years imprisonment (repeal disputed) [78] [79] Female legal, Criminalisation pending 2024 [47] [76] [80] [81] Guinea Illegal since 1988 Penalty: 6 months to 10 years imprisonment. [82] Guinea-Bissau Legal since 1993 [47] + UN decl. sign. Ivory Coast Legal (No laws against same-sex sexual activity have ever existed in the country); Age of consent discrepancy [47] Liberia Illegal since 1976 Penalty: 1 year imprisonment. [47] [83] (repeal proposed) [84] Mali [85] Illegal since November 2024 [86] [47] Constitutional ban since 2023 [87] [88] Mauritania Illegal since 1983 Penalty: Capital punishment for men, (not enforced); prison and a fine for women. [47] [89] Niger Legal (No laws against same-sex sexual activity have ever existed in the country); Age of consent discrepancy [47] [88] Nigeria Illegal since 1904 (Northern Region only) Illegal since 1916 (Region-wide) Penalty: Up to 14 years imprisonment. Death in the states of Bauchi, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Niger, Sokoto, Yobe, and Zamfara. (not enforced) [47] [90] [76] Statutory ban since 2013 Forms of gender expression criminalized in Sharia provinces. Saint Helena, Ascension and Tristan da Cunha (Overseas Territory of the United Kingdom) Legal since 2001 + UN decl. sign. [47] Legal since 2017 Legal since 2017 [91] [92] Legal since 2017 UK responsible for defence Bans all anti-gay discrimination Senegal Illegal since 1966 Penalty: 1 to 5 years imprisonment. [47] [93] Sierra Leone Male illegal since 1861 (as the Sierra Leone Colony and Protectorate) Penalty: Up to life imprisonment (Not enforced, repeal disputed). Female always legal + UN decl. sign. [47] Togo Illegal since 1980 Penalty: Fine and 3 years imprisonment [47] (repeal proposed) [94] Central Africa LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB people allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression Cameroon Illegal since 1972 Penalty: Fines to 5 years imprisonment. [47] [76] or vigilante execution and torture, [95] (repeal proposed) [96] Central African Republic Legal (No laws against same-sex sexual activity have ever existed in the country) [47] + UN decl. sign. Constitutional ban since 2016 [97] [88] Chad Illegal since 2017 Penalty: Between 3 months and 2 years in prison, with fines of 50,000 to 500,000 FCFA. (Penal Code, Chapter 2, Article 354) [98] [88] Democratic Republic of the Congo Legal (No laws against same-sex sexual activity have ever existed in the country) [47] Constitutional ban since 2006 Republic of the Congo Legal (No laws against same-sex sexual activity have ever existed in the country); Age of consent discrepancy [47] [88] Equatorial Guinea Legal (No laws against same-sex sexual activity have ever existed in the country) [47] [88] Gabon Legal since 2020 [99] ; Age of consent discrepancy, + UN decl. sign. Constitutional ban since 2024 São Tomé and Príncipe Legal since 2012 + UN decl. sign. [47] Bans some anti-gay discrimination [100] Eastern Africa LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB people allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression Burundi Illegal since 2009 Penalty: fine, and 3 months to 2 years imprisonment. [47] [101] (repeal disputed) Constitutional ban since 2005 Djibouti Legal (No laws against same-sex sexual activity have ever existed in the country) [47] [102] [88] Eritrea Illegal Penalty: Up to 3 years imprisonment. [47] [103] or vigilate execution [104] Beatings and torture are also tolerated. [105] [106] Ethiopia Illegal Penalty: Up to 15 years. [47] (repeal disputed) [107] Statutory ban since 2009 [108] Kenya Illegal since 1897 (as the East Africa Protectorate) Penalty: up to 14 years imprisonment. (repeal proposed) [47] [76] [109] Constitutional ban since 2010 [110] / Limited protection following legal process by the authorities. [111] [112] Rwanda Legal (No laws against same-sex sexual activity have ever existed in the country) [47] + UN decl. sign. Constitutional ban since 2003 Bans some anti-gay discrimination. [113] Somalia Illegal Penalty: Up to 3 years prison. Jubaland Illegal. Penalty: Up to death in Jubaland.[ citation needed ] Somaliland (Disputed territory) Illegal Penalty: Up to 3 years prison, sometimes death sentences. [114] South Sudan Illegal since 1899 (as Anglo-Egyptian Sudan) Penalty: Up to 10 years imprisonment. (not enforced) [47] [76] Constitutional ban since 2011[ citation needed ] Forms of gender expression are criminalized. Tanzania Illegal since 1864 (only Zanzibar) Illegal since 1899 Penalty: Up to life imprisonment. [47] [76] Vigilante executions, beatings and torture [115] [116] are also tolerated. Uganda Male illegal since 1902 (as Protectorate) Female illegal since 2000 Penalty: Life imprisonment, Death penalty in some cases, Beatings, torture, or vigilante execution. [117] [118] Constitutional ban since 2005 Indian Ocean states LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB people allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression Comoros Illegal since 1982 Penalty: 5 years imprisonment and fines. (not enforced) [47] [119] [88] French Southern and Antarctic Lands (Overseas territory of France) Legal (No laws against same-sex sexual activity have ever existed in the territory) [47] Civil solidarity pact since 1999[ citation needed ] Legal since 2013 Legal since 2013 France responsible for defence Bans all anti-gay discrimination Under French law Madagascar Legal (No laws against same-sex sexual activity have ever existed in the country); Age of consent discrepancy [47] Mauritius Legal since 2023 [120] + UN decl. sign. Bans all anti-gay discrimination [121] [122] Mayotte (Overseas region of France) Legal (No laws against same-sex sexual activity have ever existed in the region) [47] Civil solidarity pact since 2007 Legal since 2013 Legal since 2013 France responsible for defence Bans all anti-gay discrimination Under French law Réunion (Overseas region of France) Legal since 1791 [47] Civil solidarity pact since 1999 Legal since 2013 Legal since 2013 France responsible for defence Bans all anti-gay discrimination Under French law Seychelles Legal since 2016 [123] + UN decl. sign. Bans some anti-gay discrimination [47] Southern Africa LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGBT people allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression Angola Legal since 2021 [124] Bans all anti-gay discrimination [125] May possibly change gender under the Código do Registro Civil 2015 [126] Botswana Legal since 2019 [127] (Only LGB) Bans all anti-gay discrimination Legal gender change recognized as a constitutional right since 2017 [128] Eswatini Male illegal since the 1880s (not enforced, repeal proposed) [129] Penalty: Unknown Female always legal [47] [76] Lesotho Male legal since 2012 Female always legal [47] May possibly change gender under the National Identity Cards Act 9 of 2011 [130] Malawi Illegal since 1891 (as British Central Africa Protectorate) [76] Penalty: Up to 14 years imprisonment, with or without corporal punishment for men up to 5 years imprisonment for women (repeal proposed) [47] [131] [76] [132] [133] Mozambique Legal since 2015 [134] [135] Bans some anti-gay discrimination [47] [121] Namibia Legal since 2024 [136] / Foreign same-sex marriages recognised[ citation needed ]. / Foreign same-sex marriages recognised[ citation needed ]. Bans some anti-gay discrimination. [137] Under the Births, Marriages and Deaths Registration Act 81 of 1963 [138] South Africa Male legal since 1998 Female always legal; equal age of consent since 2007 + UN decl. sign. [47] Limited recognition of unregistered partnerships since 1998; same-sex marriage since 2006 Legal since 2006 Legal since 2002 Since 1998 Constitution bans all anti-gay discrimination Anti-discrimination laws are interpreted to include gender identity[ citation needed ]; legal gender may be changed after surgical or medical treatment Zambia Illegal since 1911 (as part of the British South Africa Company rule of Rhodesia) Penalty: up to 14 years imprisonment. (repeal proposed) [47] [76] [139] Zimbabwe Male illegal since 1891 (as part of the British South Africa Company rule of Rhodesia) Penalty: up to 14 years imprisonment. (repeal proposed) [140] Female always legal [47] [76] Constitutional ban since 2013 [141]

Public opinion

Views of African leaders on homosexuality

LGBT activists at Cologne Pride carrying a banner with the flags of the then-72 countries where homosexuality was illegal at the time. Some of the African countries shown are Zimbabwe, Ethiopia, Nigeria, Algeria, Sudan, Mauritania (uses the pre-2017 flag)

The former president of Zimbabwe, Robert Mugabe, was uncompromising in his opposition to LGBT rights in Zimbabwe. In September 1995, Zimbabwe's parliament introduced legislation banning homosexual acts. ^[142] In 1997, a court found Canaan Banana, Mugabe's predecessor and the first President of Zimbabwe, guilty of 11 counts of sodomy and indecent assault. ^[143] Mugabe has previously referred to LGBT people as being "worse than dogs and pigs". ^[144]

In the Gambia, former President Yahya Jammeh led the call for legislation that would set laws against homosexuals that would be "stricter than those in Iran", and that he would "cut off the head" of any gay or lesbian person discovered in the country. ^[145] News reports indicated his government intended to execute all homosexuals in the country. ^[145] In the speech given in Tallinding, Jammeh gave a "final ultimatum" to any gays or lesbians in the Gambia to leave the country. ^[145] In a speech to the United Nations on 27 September 2013, Jammeh said that "[h]omosexuality in all its forms and manifestations which, though very evil, antihuman as well as anti-Allah, is being promoted as a human right by some powers", and that those who do so "want to put an end to human existence". ^[146] In 2014, Jammeh called homosexuals "vermins" by saying that "We will fight these vermins called homosexuals or gays the same way we are fighting malaria-causing mosquitoes, if not more aggressively". He also went on to disparage LGBT people by saying, "As far as I am concerned, LGBT can only stand for Leprosy, Gonorrhoea, Bacteria and Tuberculosis; all of which are detrimental to human existence". ^{[147] [148]} In 2015, in defiance of western criticism Jammeh intensified his anti-gay rhetoric, telling a crowd during an agricultural tour: "If you do it [in the Gambia] I will slit your throat—if you are a man and want to marry another man in this country and we catch you, no one will ever set eyes on you again, and no white person can do anything about it." ^[149]

In Uganda, there were recent efforts to institute the death penalty for homosexuality until March 22, 2023, where gay sex is punishable by the death penalty or life imprisonment. ^{[150] [151]} British newspaper The Guardian reported that President Yoweri Museveni "appeared to add his backing" to the legislative effort by, among other things, claiming "European homosexuals are recruiting in Africa", and saying gay relationships were against God's will. ^[152] In a 2014 interview with CNN, Museveni described homosexuals as "disgusting", saying that their acts are "unnatural" and that he would be able to ignore them if it was proven that "[he] is born that way". He also said that he had appointed a group of scientists in Uganda to determine if homosexuality was a learned orientation. This led to widespread criticism from the scientific community, with an academic of the National Institutes of Health calling on his Ugandan counterparts to reconsider their findings. ^[153] Uganda passed the Anti-Homosexuality Act of 2023 on March 22, 2023, making it illegal to identify as LGBT, punishable by life in prison, and imposing the death penalty for aggravated gay sex. ^{[154] [155]}

Abune Paulos, the late Patriarch of the ancient Ethiopian Orthodox Church, which has a very strong influence in Christian Ethiopia, stated homosexuality is an animal-like behavior that must be punished. ^{[156] [157]}

Chad passed a law in 2017 criminalizing sodomy. Previously, the country never had any laws against consensual same-sex activity. Conversely, some African states like Angola, Botswana, Lesotho, Mauritius, Mozambique, Namibia, São Tomé and Príncipe, and Seychelles, have abolished sodomy laws in the 21st century. Legalization is proposed in some African states like Eswatini, Liberia, Kenya, Malawi, Togo, Zambia and Zimbabwe. Gabon passed a law criminalizing sodomy in 2019 and reversed its decision by once again decriminalizing homosexuality a year later in 2020. ^{[158] [159]}

Marriage

  Indicates the country/territory has legalised same-sex marriage nationwide

  Indicates that same-sex marriage is legal in certain parts of the country

  Indicates that the country has civil unions or registered partnerships

  Indicates that same-sex sexual activity is illegal

Opinion polls for same-sex marriage by country

Country	Pollster	Year	For	Against	Neutral [b]	Margin of error	Source
Kenya	Pew Research Center	2023	9%	90%	1%	±3.6%	[160]
Mozambique (3 cities)	Lambda	2017	28% (32%)	60% (68%)	12%		[161]
Nigeria	Pew Research Center	2023	2%	97%	1%	±3.6%	[160]
South Africa	Ipsos	2023	57%	29% [10% support some rights]	14%	±3.5% [c]	[162]

Adoption

  Indicates the country/territory has legalized same-sex adoption nationwide

  Indicates that same-sex adoption is legal in certain parts of the country

  Indicates that the country has step-child adoption or partner-guardianship

  Indicates that same-sex sexual activity is illegal

Opinion polls for same-sex adoption in Africa

Country	Pollster	Year	For [d]	Against [d]	Neither [e]	Margin of error	Source
Kenya	Pew Research Center	2023	9%	90%	1%	±3.6%	[163]
Nigeria	Pew Research Center	2023	2%	97%	1%	±3.6%	[164]
South Africa	Ipsos	2023	57% (66%)	29% [10% support some rights] (34%)	14%	±3.5% [c]	[163]
	Pew Research Center	2023	38%	58%	4%	±3.6%	[164]

Homosexuals as neighbours

Acceptance of homosexuals as neighbours
Country	Would tolerate (%)	Would not tolerate (%)
Cape Verde	80%	20%
South Africa	70%	28%
Mauritius	56%	39%
Namibia	54%	44%
Mozambique	48%	43%
São Tomé and Príncipe	40%	59%
Botswana	36%	57%
Tunisia	19%	63%
Lesotho	22%	77%
Benin	22%	77%
Gabon	20%	79%
Ivory Coast	19%	79%
Morocco	15%	78%
Eswatini	18%	81%
Sudan	14%	82%
Tanzania	10%	85%
Togo	10%	86%
Kenya	9%	86%
Madagascar	11%	89%
Mali	11%	89%
Zimbabwe	8%	90%
Cameroon	8%	91%
Nigeria	8%	91%
Niger	9%	92%
Burkina Faso	8%	91%
Sierra Leone	7%	91%
Ghana	7%	93%
Guinea	7%	93%
Malawi	5%	94%
Senegal	4%	94%
Liberia	5%	95%
Zambia	4%	95%
Uganda	3%	96%
Gambia	3%	96%
Source: Afrobarometer (2016-2018)

See also

• LGBTQ portal
• Africa portal

• Recognition of same-sex unions in Africa
• Human rights in Africa
• Coalition of African Lesbians
• LGBT rights by country or territory
• LGBT rights in Europe
• LGBT rights in the Americas
• LGBT rights in Asia
• LGBT rights in Oceania
• Timeline of African and diasporic LGBT history
• African-American LGBT community
• Black gay pride

Notes

1. As of 2024, South Africa, Namibia, Cape Verde, Mauritius, Seychelles, Angola, Botswana, Mozambique, São Tomé and Príncipe, and Rwanda have stronger protections for LGBT people.
2. Also comprises: Don't know; No answer; Other; Refused.
3. [+ more urban/educated than representative]
4. Because some polls do not report 'neither', those that do are listed with simple yes/no percentages in parentheses, so their figures can be compared.
5. Comprises: Neutral; Don't know; No answer; Other; Refused.

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Further reading

• Nyoni, Zanele (2020). "The Struggle for Equality: LGBT Rights Activism in Sub-Saharan Africa". Human Rights Law Review. 20 (3): 582–601. doi:10.1093/hrlr/ngaa019.
• Gloppen, Siri; Rakner, Lise (2020). "LGBT rights in Africa". Research Handbook on Gender, Sexuality and the Law. ISBN   9781788111157.

External links

• African Veil – African LGBT site with news articles
• Africans and Arabs come out online, Reuters via Television New Zealand

Signare Bi Sukugn Afroqueer Reporter

• Behind the Mask, LGBT Magazine in Africa
• Coalition of African Lesbians
• Pink & Black magazine
• LGBT Stories from Afrol
• Morality of Homosexuality – Acceptance rate per country