LGBT rights in Africa | |
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Status | Legal in 21 out of 56 states Legal in all 4 territories |
Gender identity | Legal in 1 out of 56 states Legal in all 4 territories |
Military | Allowed to serve openly in 1 out of 56 states Legal in all 4 territories |
Discrimination protections | Legal in 6 out of 56 states Legal in all 4 territories |
Family rights | |
Recognition of relationships | Legal in 1 out of 56 states Legal in 3 out of 4 territories |
Restrictions | Same-sex marriage constitutionally banned in 8 out of 56 states |
Adoption | Legal in 1 out of 56 states Legal in 3 out of 4 territories |
With the exception of South Africa, lesbian, gay, bisexual, and transgender (LGBT) rights in Africa are very limited in comparison to many other areas of the world.
Homosexuality is found throughout the African continent, and most scholars believe that it has long been a part of various African cultures.[1] Out of the 55 states recognised by the United Nations or African Union or both, the International Gay and Lesbian Association stated in 2015 that homosexuality is outlawed in 34 African countries. Human Rights Watch notes that another two countries, Benin and the Central African Republic, do not outlaw homosexuality, but have certain laws which apply differently to heterosexual and homosexual individuals.[2]
Homosexual activity between adults has never been criminalised in Burkina Faso, Central African Republic, Chad, Republic of the Congo, Côte d'Ivoire, Democratic Republic of the Congo, Djibouti, Gabon, Madagascar, Mali, Niger, and Rwanda.
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 homosexuals.[3] In spite of this, many African countries have refused to consider increasing LGBT rights,[4] and in some cases have drafted laws to increase sanctions against LGBT people.[5] Many African leaders[who?] claims that it was brought into the continent from other parts of the world. Most scholars nevertheless believe that homosexuality has long been a part of various African cultures.[6][7][8][9]
In Mauritania, Sudan and northern Nigeria, homosexuality is punishable by death. In Uganda, Tanzania, and Sierra Leone, offenders can receive life imprisonment for homosexual acts. In addition to criminalizing homosexuality, Nigeria has enacted legislation that would make it illegal for straight family members, allies and friends of the LGBT to be supportive. According to Nigerian law, a straight ally “who administers, witnesses, abets or aids” any form of gender non-conforming and homosexual activity could receive a 10-year jail sentence.[10] South Africa's constitution has the most liberal attitudes toward gays and lesbians, with a constitution which guarantees gay and lesbian rights, and legal same-sex marriage.
The best known case of possible homosexuality in Ancient Egypt is that of the two high officials Nyankh-Khnum and Khnum-hotep. Both men lived and served under pharaoh Niuserre during the 5th Dynasty (c. 2494–2345 BC).[11] Nyankh-Khnum and Khnum-hotep each had families of their own with children and wives, but when they died their families apparently decided to bury them together in one and 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.[11]
Egyptologists and historians disagree about how to interpret the paintings of Nyankh-khnum and Khnum-hotep. 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.[12] Other scholars disagree and interpret the scenes as an evidence that Nyankh-khnum and Khnum-hotep were twins, even possibly conjoined twins. No matter what interpretation is correct, the paintings show at the very least that Nyankh-khnum and Khnum-hotep must have been very close to each other in life as in death.[11]
It remains unclear, what exact view the Ancient Egyptians fostered about homosexuality. Any document and literature that actually contains sexual orientated stories, never name the nature of the sexual deeds, but instead uses stilted and flowery paraphrases. While the stories about Seth and his sexual behavior may reveal rather negative thoughts and views, the tomb inscription of Nyankh-khnum and Khnum-hotep may instead suggest that homosexuality was likewise accepted. Ancient Egyptian documents never clearly say that same-sex relationships were seen as reprehensible or despicable. And no Ancient Egyptian document mentions that homosexual acts were set under penalty. Thus, a straight evaluation remains problematic.[11][13]
The Roman Emperor Constantine in the 4th century AD is said to have exterminated a large number of "effeminate priests" based in Alexandria.[14]
Evidence of homosexuality has also been found in 2000 year old rock paintings in southern Africa depicting men having sex with other men.[15]
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-dresssing men called "khawal" would entertain audiences with song and dance (potentially of pre-Islamic origin).[16]
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.[17]
Cross-gender homosexuality not tied to possession cults has been reported in a number of East African societies.
The kingdom of Buganda (moder day Uganda) institutionalised certain forms of same-sex relations. In the 19th century Mwanga II (1868–1903) the Kabaka of Buganda regularly had sex with a mumber of his male pages.[18][19]
In Ethiopia Bieber encountered "Uranism" among the Semitic Harari people and noted that "sodomy is not foreign to the Harari. Albeit not as commonly, it also occurs among the Galla and Somali." He also noted mutual masturbation by both sexes and all ages for all three peoples, and specified that among the Harari, "Uranism" was practiced as often between adult men as between men and boys.[20] More recently, Gamst reported homosexual relations among shepherd boys of the Cushitic-speaking Qemant (Kemant) of central Ethiopia.[21]
Among Amhara peasants, Messing found (better-accepted) male transvestites, who were viewd as "God’s mistakes." Wändarwäräd (literally "male-female") with visible male sexual characteristics, but whose structure was popularly believed to be defective.[22]
Among the Maale people of southern Ethiopia, 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,".[23]
Needham has described a religious leadership role called "mugawe" among the Meru people 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.[25] Bryk (1964) reported active (i.e., insertive) Kikuyu pederasts called onek, and also mentioned "homo-erotic bachelors" among the pastoralist Nandi and Maragoli (Wanga).
In west Africa there is extensive historical evidence of homosexuality.[26]
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.[27] Smith and Dale mention one Ila-speaking man who dressed as a woman, did women’s work, 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.[28]
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. And 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.[28]
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 |
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Algeria | Illegal since 1966 Penalty: Up to 3 years imprisonment with fines up to 10,000 dinars.[29] Torture,[30] beatings,[31] or vigilante executions are also common. |
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Canary Islands (Autonomous community of Spain) |
Legal since 1979 + UN decl. sign.[32] |
De facto unions legal since 2003[33] | Legal since 2005[34] | Legal since 2005[35][36] | Spain responsible for defence | Bans all anti-gay discrimination[37] | Since 2007, all documents can be amended to the recognised gender[38] |
Ceuta (Autonomous city of Spain) |
Legal since 1979 + UN decl. sign.[32] |
De facto union since 1998[39] | Legal since 2005[34] | Legal since 2005[35] | Spain responsible for defence | Bans all anti-gay discrimination | Since 2007, all documents can be amended to the recognised gender[38] |
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.[32][40] |
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Libya | Illegal since 1953 Penalty: Up to 5 years in jail or vigilante execution.[41][42] |
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Madeira (Autonomous region of Portugal) |
Legal since 1983 + UN decl. sign.[32] |
De facto union since 2001[43][44] | Legal since 2010[45] | Legal since 2016[46][47][48] | Portugal responsible for defence | Bans all anti-gay discrimination.[37] | Since 2011, all documents can be amended to the recognised gender[49] |
Melilla (Autonomous city of Spain) |
Legal since 1979 + UN decl. sign.[32] |
De facto union since 2008[50] | Legal since 2005[34] | Legal since 2005[35] | Spain responsible for defence | Bans all anti-gay discrimination[51] | Since 2007, all documents can be amended to the recognised gender[38] |
Morocco (including Southern Provinces) |
Illegal since 1962 Penalty: Up to 3 to 6 years imprisonment with hard labour.[32][52] |
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Sahrawi Arab Democratic Republic (Disputed territory; excluding Southern Provinces) |
Illegal Penalty: Up to 3 years imprisonment.[32][53][54] |
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Sudan | Illegal since 1899 (as Anglo-Egyptian Sudan) Penalty: Life imprisonment for a third offense of anal sex.[55] |
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Tunisia | Illegal since 1913 (as the French protectorate of Tunisia) Penalty: 3 years imprisonment.[32][56] [57] |
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 |
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Benin | Legal (No laws against same-sex sexual activity have ever existed in the country);[32][58] Age of consent discrepancy[32] |
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Burkina Faso | Legal, Criminalization pending since 2024 (Law hasn't come into effect yet) [59] | Constitutional ban since 1991 | |||||
Cape Verde | Legal since 2004 + UN decl. sign.[32] |
Bans some anti-gay discrimination[32] | |||||
Gambia | Illegal since 1888 (as the Gambia Colony and Protectorate) Penalty: Up to Iife imprisonment.[32][60][61] |
Forms of gender expression criminalized since 2013[62] | |||||
Ghana | |||||||
Guinea | Illegal since 1988 Penalty: 6 months to 10 years imprisonment.[67] |
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Guinea-Bissau | Legal since 1993[32] + UN decl. sign. |
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Ivory Coast | Legal (No laws against same-sex sexual activity have ever existed in the country); Age of consent discrepancy[32] |
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Liberia | Illegal since 1976 Penalty: 1 year imprisonment.[32][68] (repeal proposed)[69] |
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Mali | Legal (No laws against same-sex sexual activity have ever existed in the country)[32] | Constitutional ban since 2023[70] | [71] | ||||
Mauritania | Illegal since 1983 Penalty: Capital punishment for men, (not enforced); prison and a fine for women.[32][72] |
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Niger | Legal (No laws against same-sex sexual activity have ever existed in the country); Age of consent discrepancy[32] |
[71] | |||||
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)[32][73][61] |
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.[32] |
Legal since 2017 | Legal since 2017[74][75] | Legal since 2017 | UK responsible for defence | Bans all anti-gay discrimination | |
Senegal | Illegal since 1966 Penalty: 1 to 5 years imprisonment.[32][76] |
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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.[32] |
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Togo | Illegal since 1980 Penalty: Fine and 3 years imprisonment [32] (repeal proposed)[77] |
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 |
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Cameroon | Illegal since 1972 Penalty: Fines to 5 years imprisonment.[32][61] or vigilante execution and torture,[78] (repeal proposed) [79] |
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Central African Republic | Legal (No laws against same-sex sexual activity have ever existed in the country)[32] + UN decl. sign. |
Constitutional ban since 2016[80] | [71] | ||||
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) [81] |
[71] | |||||
Democratic Republic of the Congo | Legal (No laws against same-sex sexual activity have ever existed in the country)[32] | 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[32] |
[71] | |||||
Equatorial Guinea | Legal (No laws against same-sex sexual activity have ever existed in the country)[32] | [71] | |||||
Gabon | Legal since 2020[82]; Age of consent discrepancy, + UN decl. sign. |
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São Tomé and Príncipe | Legal since 2012 + UN decl. sign.[32] |
Bans some anti-gay discrimination[83] |
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 |
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Burundi | Illegal since 2009 Penalty: fine, and 3 months to 2 years imprisonment. [32][84] (repeal disputed) |
Constitutional ban since 2005 | |||||
Djibouti | Legal (No laws against same-sex sexual activity have ever existed in the country) [32][85] | [71] | |||||
Eritrea | Illegal Penalty: Up to 3 years imprisonment.[32][86] or vigilate execution[87] Beatings and torture are also tolerated.[88][89] |
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Ethiopia | Illegal Penalty: Up to 15 years. [32] (repeal disputed) [90] |
Statutory ban since 2009[91] | |||||
Kenya | Illegal since 1897 (as the East Africa Protectorate) Penalty: up to 14 years imprisonment. (repeal proposed) [32][61][92] |
Constitutional ban since 2010[93] | / Limited protection following legal process by the authorities.[94] | [95] | |||
Rwanda | Legal (No laws against same-sex sexual activity have ever existed in the country)[32] + UN decl. sign. |
Constitutional ban since 2003 | Bans some anti-gay discrimination.[96] | ||||
Somalia | Illegal Penalty: Up to 3 years prison. Jubaland Illegal. Penalty: Up to death in Jubaland.[citation needed] |
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Somaliland (Disputed territory) |
Illegal Penalty: Up to 3 years prison, sometimes death sentences.[97] |
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South Sudan | Illegal since 1899 (as Anglo-Egyptian Sudan) Penalty: Up to 10 years imprisonment. (not enforced) [32][61] |
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.[32][61] Vigilante executions, beatings and torture[98][99] are also tolerated. |
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Uganda | Male illegal since 1902 (as Protectorate) Female illegal since 2000 Penalty: Life imprisonment, Death penalty in some cases, Beatings, torture, or vigilante execution. [100][101] |
Constitutional ban since 2005 |
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 |
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Comoros | Illegal since 1982 Penalty: 5 years imprisonment and fines. (not enforced)[32][102] |
[71] | |||||
French Southern and Antarctic Lands (Overseas territory of France) |
Legal (No laws against same-sex sexual activity have ever existed in the territory)[32] |
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[32] |
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Mauritius | Legal since 2023[103] + UN decl. sign. |
Bans all anti-gay discrimination[104][105] | |||||
Mayotte (Overseas region of France) |
Legal (No laws against same-sex sexual activity have ever existed in the region)[32] |
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[32] | 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[106] + UN decl. sign. |
Bans some anti-gay discrimination[32] |
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 |
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Angola | Legal since 2021 [107] | Bans all anti-gay discrimination[108] | May possibly change gender under the Código do Registro Civil 2015[109] | ||||
Botswana | Legal since 2019 [110] | (Only LGB) | Bans all anti-gay discrimination | Legal gender change recognized as a constitutional right since 2017[111] | |||
Eswatini | Male illegal since the 1880s (not enforced, repeal proposed)[112] Penalty: Unknown Female always legal[32][61] |
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Lesotho | Male legal since 2012 Female always legal[32] |
May possibly change gender under the National Identity Cards Act 9 of 2011[113] | |||||
Malawi | Illegal since 1891 (as British Central Africa Protectorate)[61] Penalty: Up to 14 years imprisonment, with or without corporal punishment for men up to 5 years imprisonment for women (repeal proposed)[32][114][61][115][116] |
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Mozambique | Legal since 2015[117][118] | Bans some anti-gay discrimination[32][104] | |||||
Namibia | Legal since 2024[119] | / Foreign same-sex marriages recognised[citation needed]. | / Foreign same-sex marriages recognised[citation needed]. | Bans some anti-gay discrimination.[120] | Under the Births, Marriages and Deaths Registration Act 81 of 1963[121] | ||
South Africa | Male legal since 1998 Female always legal; equal age of consent since 2007 + UN decl. sign.[32] |
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)[32][61][122] |
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Zimbabwe | Male illegal since 1891 (as part of the British South Africa Company rule of Rhodesia) Penalty: up to 14 years imprisonment. (repeal proposed)[123] Female always legal[32][61] |
Constitutional ban since 2013[124] |
The bill ... will come into effect only if President Nana Akufo-Addo signs it into law.
Chief Justice Gertrude Torkornoo ... adjourn[ing the] first ... hearing on the challenges without setting a new date further delays any resolution on a bill that, if signed into law ...
Sovereign states |
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States with limited recognition |
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Dependencies and other territories |
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