LGBT rights in Africa

LGBT rights in Africa

Africa
Same-sex sexual activity legal? Legal in 22 out of 56 countries
Legal in all 4 territories
Gender identity/expression Legal in 1 out of 56 countries
Legal in all 4 territories
Military service Allowed to serve openly in 1 out of 56 countries
Legal in all 4 territories
Discrimination protections Legal in 7 out of 56 countries
Legal in all 4 territories
Family rights
Recognition of
relationships
Legal in 1 out of 56 countries
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 countries
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.[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.[2] 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.[3]

Homosexual activity between adults has never been criminalised in Burkina Faso, Central African Republic, Chad, Republic of the Congo, Ivory Coast, Democratic Republic of the Congo, Djibouti, Equatorial Guinea, 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.[4] In spite of this, many African countries have refused to consider increasing LGBT rights,[5] and in some cases have drafted laws to increase sanctions against LGBT people.[6] Many African leaders claim 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.[1][7][8][9]

In Sudan, southern Somalia and northern Nigeria homosexuality is punishable by death.[2] 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 heterosexual family members, allies and friends of the LGBT 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 10-year jail sentence.[10] South Africa has the most liberal attitudes toward gays and lesbians, with a constitution which guarantees gay and lesbian rights and legal same-sex marriage. The Spanish and French territories also permit same-sex marriages.[11][12]

Gay and lesbian travellers to Africa should use discretion. Public displays of affection should generally be avoided, advice which applies to both homosexual and heterosexual couples.[13]

History of homosexuality in Africa

Ancient history

Egypt

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. 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.[14][15]

Nyankh-khnum and Khnum-hotep kissing.

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. 24942345 BC).[14] 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.[14]

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.[16] 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.[14]

The Roman Emperor Constantine in the 4th century AD is said to have exterminated a large number of "effeminate priests" based in Alexandria.[1]

Southern Africa

Evidence of homosexuality has also been found in 2000-year-old rock paintings in southern Africa depicting men having sex with other men.[1]

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).[1]

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.[1]

Siegfried Frederick Nadel wrote about the Nuba tribes in Sudan the late 1930s.[17] He noted that among the Otoro, a special transvestitic role existed whereby men dressed and lived as women. Transvestitic 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

Cross-gender homosexuality not tied to possession cults has been reported in a number of East African societies. In pre-colonial East Africa there have been examples of male priests in traditional religions dressing as women. Needham has described such a religious leadership role called "mugawe" among the Meru people and Kikuyu people of Kenya which included wearing women’s clothes and hairstyle.[18] Mugawe are frequently homosexual, and sometimes are formally married to a man.

Such men were known as "ikihindu" among the Hutu and Tutsi peoples of Burundi and Rwanda. 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.[1]

Bryk (1964) reported active (i.e., insertive) Kikuyu pederasts called onek, 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.

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,". They were also protected by the king.[19] Also 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]

In Uganda, religious roles for cross-dressing men (homosexual priests) were historically found among the Bunyoro people. Similarly, the kingdom of Buganda (part of modern-day Uganda) institutionalised certain forms of same-sex relations. Young men served in the royal courts and provided sexual services for visitors and elites. King Mwanga had several such pages executed when they converted to Christianity and refused to carry out their assigned duties (the "Uganda Martyrs".[1][23] The Teso people of Uganda also have a category of men who dress as women.

West Africa

In West Africa there is extensive historical evidence of homosexuality. In the 18th and 19th century Asante courts (modern day Ghana) male slaves served as concubines. They dressed like women and were killed when their master died. In the kingdom of Dahomey, eunuchs were known as royal wives and played an important part at court.

The Dagaaba people, who lived in Burkina Faso believed that homosexual men were able to mediate between the spirit and human worlds.

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.[24] 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.[25]

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.[25]

Same-sex sexual activity legal
  Same-sex marriage
  No recognition of same-sex couples
Same-sex sexual activity illegal
  Not Enforced or unclear
  Penalty
  Life in prison
  Death penalty

Legislation by country or territory

This table:

Northern Africa

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGBT allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Algeria Algeria Illegal since 1966
Penalty: Fine and up to 2 years imprisonment.[2][26]
Ceuta Ceuta (Autonomous city of Spain) Legal since 1979
+ UN decl. sign.[2]
De facto union since 1998[27] Legal since 2005[28] Legal since 2005[29] Spain responsible for defence Bans all anti-gay discrimination[30] Since 2007, all documents can be amended to the recognised gender[31]
Egypt Egypt Male de facto illegal since 2000
Penalty: Up to 17 years imprisonment with or without hard labour and with or without torture and fines under broadly written morality laws
Female uncertain.[2][32]
Libya Libya Illegal since 1973
Penalty: Up to 5 years imprisonment.[2][33]
Melilla Melilla (Autonomous city of Spain) Legal since 1979
+ UN decl. sign.[2]
De facto union since 2008[34] Legal since 2005[28] Legal since 2005[29] Spain responsible for defence Bans all anti-gay discrimination[30] Since 2007, all documents can be amended to the recognised gender[31]
Morocco Morocco
(Including Southern Provinces)
Illegal since 1962
Penalty: Up to 3 years imprisonment.[2][35]
South Sudan South Sudan Illegal since 1899 (as Anglo-Egyptian Sudan)
Penalty: Up to 10 years imprisonment.[2][26]
Constitutional ban since 2011.
Sudan Sudan Illegal since 1899 (as Anglo-Egyptian Sudan)
Penalty: Death penalty on third offense for men and on fourth offense for women.[2]
Tunisia Tunisia Illegal since 1913 (as the French protectorate of Tunisia)
Penalty: 3 years imprisonment.[2][36]

Western Africa

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGBT allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Benin Benin Legal (No laws against same-sex sexual activity have ever existed in the country).[2][37] (Age of consent discrepancy)[2]
Burkina Faso Burkina Faso Legal (No laws against same-sex sexual activity have ever existed in the country).[2] Constitutional ban since 1991.
Cape Verde Cape Verde Legal since 2004
+ UN decl. sign.[2]
Bans some anti-gay discrimination.[2]
Ivory Coast Côte d'Ivoire Legal
(No laws against same-sex sexual activity have ever existed in the country). (Age of consent discrepancy)[2]
The Gambia Gambia Illegal since 1888 (as Gambia Colony and Protectorate)
Penalty: Up to Iife imprisonment.[2][38][26]
Ghana Ghana Male illegal since 1860s (as Gold Coast)
Penalty: 10 years imprisonment or more
Female always legal.[2][39][26]
Guinea Guinea Illegal since 1988
Penalty: 6 months to 3 years imprisonment.[2][40]
Guinea-Bissau Guinea-Bissau Legal since 1993[2]
+ UN decl. sign.
Liberia Liberia Illegal since 1976
Penalty: 1 year imprisonment.[2][41]
Mali Mali Legal (No laws against same-sex sexual activity have ever existed in the country).[2]
Mauritania Mauritania Illegal since 1983
Penalty: Death penalty (No public executions for any crime since 1987).[2][42]
Niger Niger Legal (No laws against same-sex sexual activity have ever existed in the country). (Age of consent discrepancy)[2]
Nigeria Nigeria Illegal under federal law since 1901 (as Northern Nigeria Protectorate and Southern Nigeria Protectorate)
Penalty: Up to 14 years imprisonment
Illegal in the states of Bauchi, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Niger, Sokoto, Yobe, and Zamfara
Penalty: Death penalty for men. Whipping and/or imprisonment for women.[2][43][26]
Senegal Senegal Illegal since 1966
Penalty: 1 to 5 years imprisonment.[2][44]
Sierra Leone Sierra Leone Male illegal since 1861 (as the colony of Sierra Leone)
Penalty: Up to life imprisonment (Not enforced)
Female always legal
+ UN decl. sign.[2]
Togo Togo Illegal since 1884 (as Togoland)
Penalty: Fine and 3 years imprisonment.[2][26]

Central Africa

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGBT allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Cameroon Cameroon Illegal since 1972
Penalty: Fines to 5 years imprisonment.[2][26]
Central African Republic Central African Republic Legal (No laws against same-sex sexual activity have ever existed in the country).
+ UN decl. sign.[2]
Chad Chad Legal (No laws against same-sex sexual activity have ever existed in the country).
Democratic Republic of the Congo Democratic Republic of the Congo Legal (No laws against same-sex sexual activity have ever existed in the country).[2] Constitutional ban since 2005.
Equatorial Guinea Equatorial Guinea Legal since 1968.[2][45]
Gabon Gabon Legal (No laws against same-sex sexual activity have ever existed in the country)
+ UN decl. sign.
Republic of the Congo Republic of the Congo Legal (No laws against same-sex sexual activity have ever existed in the country). (Age of consent discrepancy)[2]
Saint Helena Saint Helena, Ascension and Tristan da Cunha
(Overseas territory of the United Kingdom)
Legal since 2001
+ UN decl. sign.[2]
/ (In Ascension from 2016)[46] Since 2000. UK responsible for defence. Constitutional ban all anti-gay on discrimination. Since 2013.
São Tomé and Príncipe São Tomé and Príncipe Legal since 2012
+ UN decl. sign.[2]

Southeast Africa

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGBT allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Burundi Burundi Illegal since 2009
Penalty: 3 months to 2 years imprisonment.[2][47]
Constitutional ban since 2005.
Kenya Kenya Illegal since 1897 (as East Africa Protectorate)
Penalty: up to 14 years imprisonment.[2][26]
Constitutional ban since 2010.[48]
Rwanda Rwanda Legal since 1980[2][49]
+ UN decl. sign.
Constitutional ban since 2003.
Uganda Uganda Male illegal since 1894
Penalty: Up to 14 years imprisonment
Female illegal since 2000
Penalty: Up to 7 years imprisonment.[2][26]
Constitutional ban since 2005.
Tanzania Tanzania Illegal since 1864 (only Zanzibar)
Illegal since 1899
Penalty: Up to life imprisonment.[2][26]

Horn of Africa

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGBT allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Djibouti Djibouti Legal
(No laws against same-sex sexual activity have ever existed in the country).[2]
Eritrea Eritrea Illegal since 1957 (as part of the Federation of Ethiopia and Eritrea)
Penalty: Up to 3 years imprisonment[2][50]
Ethiopia Ethiopia Illegal
Penalty: 10 years imprisonment or more[2]
Somalia Somalia Illegal since 1962
Penalty: Up to 3 years imprisonment[2][51]

Indian Ocean States

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGBT allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Comoros Comoros Illegal since 1982
Penalty: 5 years imprisonment & fines[2][52]
Madagascar Madagascar Legal
(No laws against same-sex sexual activity have ever existed in the country). (Age of consent discrepancy)[2]
Mauritius Mauritius Illegal since 1838 (as part of British Mauritius)
Penalty: Up to 5 years imprisonment
Female always legal[53]
+ UN decl. sign.[2][54]
Bans some anti-gay discrimination[55][56]
Mayotte Mayotte
(Overseas department of France)
Legal
(No laws against same-sex sexual activity have ever existed in the department).[2]
Civil solidarity pact since 1999 Legal since 2013 Legal since 2013 Bans all anti-gay discrimination However, it requires sterilization for sex change.
Réunion Réunion
(Overseas department of France)
Legal since 1791[2] Civil solidarity pact since 1999 Legal since 2013 Legal since 2013 Bans all anti-gay discrimination However, it requires sterilization for sex change.
Seychelles Seychelles Legal since 2016[57]
+ UN decl. sign.
Bans all anti-gay discrimination[2]

Southern Africa

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGBT allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Angola Angola De facto illegal since 1886 (as part of the Province of Angola)
Penalty: Fines, restrictions or penal labor (Not enforced)[2][58]
Bans some anti-gay discrimination
Botswana Botswana Illegal since 1885 (as part of the Bechuanaland Protectorate)
Penalty: Fine to up to 7 years imprisonment (Not enforced)[2][26]
Bans some anti-gay discrimination
Lesotho Lesotho Male legal since 2012
Female always legal[2]
Malawi Malawi Illegal since 1891 (as part of the Shire Highlands Protectorate and the Nyasaland Districts Protectorate)
Penalty: Up to 14 years imprisonment & whippings (Law suspended from usage since 2012)[2][59][26]
Mozambique Mozambique Legal since 2015[60][61] Bans some anti-gay discrimination[2][55]
Namibia Namibia Male illegal since 1920 (as part of South-West Africa; not enforced)[26]
Female always legal[2][62][63]
South Africa South Africa Male legal since 1998
Female always legal
+ UN decl. sign.[2]
Limited recognition of unregistered partnerships since 1998; Same-sex marriage since 2006. Legal since 2006 Legal since 2002 Since 1998 Bans all anti-gay discrimination Anti-discrimination laws are interpreted to include gender identity; legal gender may be changed after surgical or medical treatment.
Swaziland Swaziland Male illegal since the 1880s
Female always legal[2][26]
Zambia Zambia Illegal since 1911 (as part of the British South Africa Company rule of Rhodesia)
Penalty: up to 14 years imprisonment[2][26]
Zimbabwe Zimbabwe Male illegal since 1891 (as part of the British South Africa Company rule of Rhodesia)
Female legal[2][26]
Constitutional ban since 2013

Partially recognized or unrecognized states

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGBT allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Sahrawi Arab Democratic Republic Sahrawi Arab Democratic Republic
(Excluding Southern Provinces)
Illegal since 1944 (as part of the Overseas Province of Spanish Sahara)
Penalty: Up to 3 years imprisonment[2][64][65]
Somaliland Somaliland Illegal
Penalty: Up to 3 years imprisonment[2]

Views of African leaders on homosexuality

The president of Zimbabwe, Robert Mugabe, has been uncompromising in his opposition to LGBT rights in Zimbabwe. In September 1995, Zimbabwe's parliament introduced legislation banning homosexual acts.[66] 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.[67] He has previously referred to lesbians and gays as being "worse than dogs and pigs".[68]

In Gambia, President Yahya Jammeh has 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.[69] News reports indicated his government intended to execute all homosexuals in the country.[69] In the speech given in Tallinding, Jammeh gave a "final ultimatum" to any gays or lesbians in the Gambia to leave the country.[69] 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."[70] 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 the LGBT by saying that "As far as I am concerned, LGBT can only stand for Leprosy, Gonorrhoea, Bacteria and Tuberculosis; all of which are detrimental to human existence".[71][72] 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."[73]

In Uganda there have been recent efforts to institute the death penalty for homosexuality.[74][75] 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.[76]

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 behaviour that must be punished.

See also

References

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