With the exception of South Africa and Cape Verde, le***an, gay, bisexual, and transgender (LGBT) rights in Africa are limited in comparison to Western Europe and much of the Americas and Oceania. Out of the 54 states recognised by the United Nations or African Union or both, the International Gay and Le***an Association stated in 2015 that homosexuality is outlawed in 34 African countries.[1] Hum
an Rights Watch notes that another two countries, Benin and the Central African Republic, do not outlaw homosexuality, but have certain laws which discriminate against homosexual individuals.[2]
Homosexuality has never been criminalised in Benin, Burkina Faso, Ivory Coast, Democratic Republic of the Congo, Djibouti, Equatorial Guinea, Madagascar, Mali, Niger, and Rwanda. It has been decriminalised in Angola, Botswana, Cape Verde, Gabon, Guinea-Bissau, Lesotho, Mozambique, São Tomé and Príncipe, the Seychelles and South Africa. South Africa was the fifth country in the world to legalize same-sex marriage in November of 2006. LGBT anti-discrimination laws exist in seven African countries: Angola, Botswana, Cape Verde, Mauritius, Mozambique, Seychelles, and South Africa. 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.[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] Past African leaders such as Zimbabwe’s Robert Mugabe and Uganda’s Yoweri Museveni claimed that LGBT behaviour was brought into the continent from other parts of the world. Nevertheless, most scholarship and research demonstrates that homosexuality has long been a part of various African cultures.[6][7][8][9]
In Somalia, Somaliland, Mauritania and northern Nigeria, homosexuality is punishable by death.[1][10] In Uganda, 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 10-year jail sentence.[11] The Republic of South Africa has the most liberal attitudes toward g**s and le***ans, as the country has legalized same-sex marriage and its Constitution guarantees gay and le***an 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. 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. 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. Spanish, Portuguese, British and French territories legalised same-sex marriages.[12][13]
Travel advisories encourage gay and le***an travelers to use discretion whilst in Africa to ensure their personal safety, including by avoiding public displays of affection (advice which applies equally to both homosexual and heterosexual couples).[14] South Africa is generally considered to be the most gay-friendly African country in respect of the legal status of LGBT rights, although Cape Verde is also frequently regarded as being very socially accepting of LGBT rights.[15]
