LGBT rights in Africa

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Lesbian, gay, bisexual, and transgender (LGBT) rights in Africa are limited in comparison to many other areas of the world. The International Gay and Lesbian Association estimated in 2008 that homosexuality was outlawed in 38 African countries, and in at least 13 African countries, homosexuality was legal or there were no laws pertaining to it.[1]

Since 2011, some first world countries have been considering or implementing laws that limit or prohibit general budget support to countries that restrict the rights of homosexuals.[2] In spite of this, many African countries are continuing to breach international human rights laws, refusing to consider increasing LGBT rights,[3] and in some cases drafting laws to increase sanctions against LGBT people.[4] Many African leaders feel that gay rights are against their cultural and religious value systems and believe they have a sovereign right to reject what they see as an imposition by mainly Western nations, which attempts to affect national sentiment via aid.[5][6][7][8]

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. 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. Even there, gay rights have been described as an "exclusive privilege of the white and well-heeled, a small but high-profile subset".[9]

Legislation by country or territory

Main article: LGBT rights by country or territory
Tables:

Northern Africa

LGBT rights in: Same-sex sexual activity Recognition of same-sex relationships Same-sex marriage Adoption by same-sex couples Allows gays to serve openly in military? Anti-discrimination (Sexual orientation) Laws concerning gender identity/expression
Algeria Algeria Illegal
(Penalty: Fine - Up to 2 years prison or viligante executions)[10]
Egypt Egypt Not specifically illegal, but is illegalized through broadly written morality laws (Penalty: Fines, torture, up to 17 years in jail with or without hard labor, or viligante executions)|
Libya Libya Illegal
(Penalty: Up to 5 years prison).[10]
Morocco Morocco
(incl. Western Sahara)		 Illegal
(Penalty: Up to 3 years)
South Sudan South Sudan Illegal
(Penalty: Up to 10 years.)		 Constitutional ban since 2011
Sudan Sudan Illegal
(Penalty: Corporal Punishment. Death penalty for men on third offense. Death penalty on fourth offense for women)
Tunisia Tunisia Illegal
(Penalty: Fine - 3 years)

Western Africa

LGBT rights in: Same-sex sexual activity Recognition of same-sex relationships Same-sex marriage Adoption by same-sex couples Allows gays to serve openly in military? Anti-discrimination (Sexual orientation) Laws concerning gender identity/expression
Benin Benin Legal[10]
Burkina Faso Burkina Faso Legal Constitutional ban since 1991
Cape Verde Cape Verde Legal since 2004
+ UN decl. sign.		 Bans some anti-gay discrimination[10]
Ivory Coast Côte d'Ivoire Legal
The Gambia Gambia Illegal
(Penalty: up to 14 years imprisonment) 		No specific prohibition
Ghana Ghana Male illegal
(Penalty: up to 3 years imprisonment for consensual acts)
Female uncertain
Guinea Guinea Illegal
(Penalty: 6 months to 3 years imprisonment)
Guinea-Bissau Guinea-Bissau Legal since 1993[10]
+ UN decl. sign.
Liberia Liberia Illegal
(Penalty: 1 year imprisonment)
Mali Mali Legal
Mauritania Mauritania Illegal
(Penalty: Death penalty. However, no executions for any crime since 1987)
Niger Niger Legal
Nigeria Nigeria Illegal
(Penalty: Prison time, fines, corporal punishment, to death penalty)		 Illegal in northern states
Unclear in southern states
Senegal Senegal Illegal
(Penalty: 1 to 5 years imprisonment)
Sierra Leone Sierra Leone Male illegal
(Penalty: Life imprisonment)
Female legal[10]
+ UN decl. sign.
Togo Togo Illegal
(Penalty: Fine and/or a 3 year prison sentence)

Middle Africa

LGBT rights in: Same-sex sexual activity Recognition of same-sex relationships Same-sex marriage Adoption by same-sex couples Allows gays to serve openly in military? Anti-discrimination (Sexual orientation) Laws concerning gender identity/expression
Cameroon Cameroon Illegal
(Penalty: Fine to 5 years prison)
Central African Republic Central African Republic Legal[10]
+ UN decl. sign.
Chad Chad Legal since 1967
Democratic Republic of the Congo Democratic Republic of the Congo
(formerly Zaire)		 Legal[10] Constitutional ban since 2005
Equatorial Guinea Equatorial Guinea Legal[10]
Gabon Gabon Legal[10]
+ UN decl. sign.
Republic of the Congo Republic of the Congo Legal[10]
Saint Helena Saint Helena, Ascension and Tristan da Cunha
(Overseas territory of the United Kingdom)		 Legal[10] (as part of the Military of the United Kingdom) Bans anti-gay discrimination (under the United Kingdom Equality Act 2010) Transsexuals can change legal sex since 2013
São Tomé and Príncipe São Tomé and Príncipe Since 2012
+ UN decl. sign.[11]

Eastern Africa

LGBT rights in: Same-sex sexual activity Recognition of same-sex relationships Same-sex marriage Adoption by same-sex couples Allows gays to serve openly in military? Anti-discrimination (Sexual orientation) Laws concerning gender identity/expression
Burundi Burundi Illegal since 2009
(Penalty: 3 months to 2 years imprisonment and/or fine) [12] 		Constitutional ban since 2005
Djibouti Djibouti Legal[10]
Eritrea Eritrea Illegal
(Penalty: Up to 3 years imprisonment) [10]
Ethiopia Ethiopia Illegal[10]
Kenya Kenya Male illegal
(Penalty: up to 14 years imprisonment)
Female presumed to be illegal. 		Constitution since 2010 specifically mentions only opposite sex marriage[13]
Rwanda Rwanda Legal[10]
+ UN decl. sign.		 Constitutional ban in Article 26 since 2003
Somalia Somalia Illegal[10]
Uganda Uganda Male Illegal
(Penalty: Up to life imprisonment)
Female Illegal since 2000. (Penalty: Up to 7 years imprisonment) 		Constitutional ban since 2005
Tanzania Tanzania Illegal
(Penalty: Up to life imprisonment)[10]		 A couple must be married to adopt a child jointly.

Indian Ocean States

LGBT rights in: Same-sex sexual activity Recognition of same-sex relationships Same-sex marriage Adoption by same-sex couples Allows gays to serve openly in military? Anti-discrimination (Sexual orientation) Laws concerning gender identity/expression
Comoros Comoros Illegal[10]
(Penalty: 5 years imprisonment and/or fine)
Madagascar Madagascar Legal
Mauritius Mauritius Male illegal
(Penalty: Up to 5 years imprisonment) Female legal
(national debate over repeal of the law)[10][14]
+ UN decl. sign.		 Bans some anti-gay discrimination[15][16]
Mayotte Mayotte
(Overseas department of France since 2011)		 Legal since 1791 Civil solidarity pact Legal since 2013 Legal since 2013 Bans all anti-gay discrimination
Réunion Réunion
(Overseas department of France)		 Legal since 1791 Civil solidarity pact
since 1999		 Legal since 2013 Legal since 2013 Bans all anti-gay discrimination
Seychelles Seychelles Male illegal
(Penalty: Up to 14 years imprisonment)
Female legal
(decriminalisation proposed )
+ UN decl. sign.		 Bans some anti-gay discrimination[10]

Southern Africa

LGBT rights in: Same-sex sexual activity Recognition of same-sex relationships Same-sex marriage Adoption by same-sex couples Allows gays to serve openly in military? Anti-discrimination (Sexual orientation) Laws concerning gender identity/expression
Angola Angola Illegal[10]
Botswana Botswana Illegal
(Penalty: Fine - 7 years, Though never enforced)		 Bans some anti-gay discrimination[10]
Lesotho Lesotho Male illegal
Female legal[10]
Malawi Malawi Illegal
(Penalty: Up to 14 years imprisonment and/or whippings)
Mozambique Mozambique Legal[17] Bans some anti-gay discrimination[10][15]
Namibia Namibia Illegal
(not enforced)[10][18]
South Africa South Africa Male legal since 1998
(retroactive to 1994)
Female always legal
+ UN decl. sign.		 Limited recognition of unregistered partnerships since 1998; marriage since 2006 Legal since 2006 Legal since 2002 (joint and step-parent) Since 1998 Bans all discrimination on the basis of sexual orientation, including hate speech Anti-discrimination laws are interpreted to include gender identity; legal gender may be changed after surgical or medical treatment
Swaziland Swaziland Male illegal
Female legal
Pending law includes outlawing lesbian sex conduct.[10]
Zambia Zambia Illegal
(Penalty: up to 14 years imprisonment)
Zimbabwe Zimbabwe Male illegal
Female legal[10]		 Constitutional ban since 2013

Partially recognised states

LGBT rights in: Same-sex sexual activity Recognition of same-sex relationships Same-sex marriage Adoption by same-sex couples Allows gays to serve openly in military? Anti-discrimination (Sexual orientation) Laws concerning gender identity/expression
Western Sahara Western Sahara
(80% controlled by Morocco)		 Illegal
(Penalty: up to 3 years prison)
Somaliland Somaliland Illegal
(Penalty: expulsion from country, prison - up to life, in various regions and districts; death penalty)

See also


References

  1. ↑ "Africa's lesbians demand change", BBC News, reported by Joanna Jolly, 27 February 2008
  2. ↑ "Cameron threat to dock some UK aid to anti-gay nations", BBC News, 30 October 2011
  3. ↑ "Ghana refuses to grant gays' rights despite aid threat", BBC News, 2 November 2011
  4. ↑ "Uganda fury at David Cameron aid threat over gay rights", BBC News, 31 October 2011
  5. ↑ "Gay and Lesbian People are affronted by CONTRALESA's stance on Same Sex Marriage", Joint Working Group
  6. ↑ "Zimbabwe Rejects UN Appeal for Gay Rights, Denies Torture Claims", Zimbio, reported by Rod McCullom, 21 May 2012
  7. ↑ "Homosexuality and Africans: Pan-African position on Gay Rights", African Holocaust, July 2011
  8. ↑ "Gambian President Says No to Aid Money Tied to Gay Rights", Voice of America, reported by Ricci Shryock, 22 April 2012
  9. ↑ "Confronting homophobia in South Africa", University of Cambridge, 27 September 2011]
  10. ↑ 10.0 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults The International Lesbian, Gay, Bisexual, Trans and Intersex Association, authored by Lucas Paoli Itaborahy, May 2013
  11. ↑ 2012 Country Reports on Human Rights Practices: Sao Tome and Principe, Bureau of Democracy, Human Rights and Labor, U.S. Department of State, page 10
  12. ↑ Burundi abolishes the death penalty but bans homosexuality 27 April 2009.
  13. ↑ Kenya Constitution
  14. ↑ The Sexual Offences Bill 2007
  15. ↑ 15.0 15.1 Africa: Outspoken activists defend continent's sexual diversity
  16. ↑ EQUAL OPPORTUNITIES ACT 2008
  17. ↑ Mozambique Gay Rights Group Wants Explicit Constitutional Protections
  18. ↑ Country Reports on Human Rights Practices

External links

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