Homosexuality legal Same-sex marriage recognized Other type of partnership (or unregistered cohabitation) recognized Foreign same-sex marriages recognized No recognition of same-sex couples Homosexuality illegal Penalty Life in prison Death penalty Lesbian, gay, bisexual, transgender (LGBT) rights in Africa are limited in comparison to other areas of the world, with the BBC estimating that homosexuality is outlawed in 38 African countries. In 13 nations homosexuality is either legal or there are no laws pertaining to it.[1]
In Mauritania, Sudan, and northern Nigeria, homosexuality can be punishable by death. In Uganda, "offenders" can gain a maximum of a life imprisonment for homosexual acts.
South Africa by far has the most liberal attitudes toward gays and lesbians, with a constitution which guarantees gay and lesbian rights, and legal same-sex marriage.
Legislation by country or territory
[edit] Northern Africa
| LGBT rights in: | Homosexual acts legal? | Recognition of same-sex relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (Sexual orientation) | Laws concerning gender identity/expression |
 Algeria |  Illegal (Penalty: Fine - up to 2 years prison) | Unknown | | Unknown | Unknown | Unknown | Unknown |
 Egypt | Not specifically outlawed, but public morals laws are used against LGBT people according to AmnestyUSA , Prison up to 3 years | | | | | | Unknown |
 Libya | Illegal (Penalty: Fine - up to 5 years prison). | Unknown | | Unknown | Unknown | Unknown | Unknown |
 Morocco (incl. Western Sahara) | Illegal (Penalty: 6 months to 3 years) | Unknown | | Unknown | Unknown | Unknown | Unknown |
 Sudan | Illegal (Penalty: 5 years up to death penalty.) | Unknown | | Unknown | Unknown | Unknown | Unknown |
 Tunisia | Illegal (Penalty: Fine - 3 years) | Unknown | | Unknown | Unknown | Unknown | Unknown |
[edit] Western Africa
| LGBT rights in: | Homosexual acts legal? | Recognition of same-sex relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (Sexual orientation) | Laws concerning gender identity/expression |
 Benin |  Legal[2] | | | Unknown | Unknown | | Unknown |
 Burkina Faso | Not specifically outlawed, but other laws apply.[3] | Unknown | | Unknown | Unknown | Unknown | Unknown |
 Cape Verde | Legal since 2004
+ UN decl. sign. | | | Unknown | Unknown | | Unknown |
 Côte d'Ivoire | Legal | | | Unknown | Unknown | | Unknown |
 Gambia | Illegal (Penalty: up to 14 years[4]) | Unknown | | Unknown | Unknown | Unknown | Unknown |
 Ghana | Male illegal
Female unclear | Unknown | | Unknown | Unknown | Unknown | Unknown |
 Guinea | Illegal (Penalty: 6 months to 3 years prison) | Unknown | | Unknown | Unknown | Unknown | Unknown |
 Guinea-Bissau | Legal
+ UN decl. sign. | | | Unknown | Unknown | Unknown | Unknown |
 Liberia | Illegal (Penalty: Fine) | Unknown | | Unknown | Unknown | Unknown | Unknown |
 Mali | Not specifically prohibited, but public morals laws have been used against LGBT persons | Unknown | | Unknown | Unknown | Unknown | Unknown |
 Mauritania | Illegal (Penalty: Death penalty) | Unknown | | Unknown | Unknown | Unknown | Unknown |
 Niger | Not specifically prohibited, but public morals laws may be used | Unknown | | Unknown | Unknown | Unknown | Unknown |
 Nigeria | Male illegal
Female illegal in areas under Sharia
(Penalties in Sharia areas: Up to death for men, and up to 50 lashes (caning) and six months for women.)
Female legal in areas not under Sharia. | Unknown | | Unknown | Unknown | Unknown | Unknown |
 Senegal | Illegal (Penalty: 1 month to 5 years prison) | Unknown | | Unknown | Unknown | Unknown | Unknown |
 Sierra Leone | Male illegal
Female needs verification | Unknown | | Unknown | Unknown | Unknown | Unknown |
 Togo | Illegal | Unknown | | Unknown | Unknown | Unknown | Unknown |
[edit] Middle Africa
| LGBT rights in: | Homosexual acts legal? | Recognition of same-sex relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (Sexual orientation) | Laws concerning gender identity/expression |
 Angola | Not specifically outlawed, other laws may apply[5] (Penalty: Labour camps for habitual offenders.[6]) | Unknown | | Unknown | Unknown | Unknown | Unknown |
 Cameroon | Illegal (Penalty: Fine to 5 years prison) | Unknown | | Unknown | Unknown | Unknown | Unknown |
 Central African Republic | Legal
+ UN decl. sign. | | | Unknown | Unknown | | Unknown |
 Chad | Legal since 1967 | | | Unknown | Unknown | | Unknown |
 Democratic Republic of the Congo (formerly Zaire) | Legal | | Constitutional ban since 2005 | Unknown | Unknown | | Unknown |
 Equatorial Guinea | Legal [7] | Unknown | | Unknown | Unknown | Unknown | Unknown |
 Gabon | Legal
+ UN decl. sign. | | | Unknown | Unknown | Unknown | Unknown |
 Republic of the Congo | Legal | | | Unknown | Unknown | | Unknown |
 São Tomé and Príncipe | Illegal + UN decl. sign. | Unknown | | Unknown | Unknown | Unknown | Unknown |
[edit] Eastern Africa
| LGBT rights in: | Homosexual acts legal? | Recognition of same-sex relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (Sexual orientation) | Laws concerning gender identity/expression |
 Burundi | Illegal since 2009
(Penalty: 3 months to 2 years of jail and fine of 50,000 to 100,000 Burundian francs[8]) | Unknown | | Unknown | Unknown | Unknown | Unknown |
 Comoros | Acts "against nature" outlawed | Unknown | | Unknown | Unknown | Unknown | Unknown |
 Djibouti | Illegal (Penalty: 10-12 years) | Unknown | | Unknown | Unknown | Unknown | Unknown |
 Eritrea | Illegal (Penalty: 3-10 years) | Unknown | | Unknown | Unknown | Unknown | Unknown |
 Ethiopia | Illegal (Penalty: up to 5 years[9]) | Unknown | | Unknown | Unknown | Unknown | Unknown |
 Kenya | Male illegal (Penalty: up to 14 years)
Female legal | Unknown | | Unknown | Unknown | Unknown | Unknown |
 Madagascar | Legal | | | Unknown | Unknown | | Unknown |
 Malawi | Illegal | Unknown | | Unknown | Unknown | Unknown | Unknown |
 Mauritius | Illegal (Penalty: 5 years) + UN decl. sign. (national debate over repeal of the law) | Unknown | | Unknown | Unknown | Bans some anti-gay discrimination[10] | Unknown |
 Mozambique | Not specifically outlawed, other laws may apply (no record of enforcement)[11][12] | | | Unknown | Unknown | Bans some anti-gay discrimination[13] | Unknown |
 Réunion (Overseas department of France) | Legal since 1791
+ UN decl. sign. | Pacte civil de solidarité
since 1999 | | Single gay persons may adopt | | Bans all anti-gay discrimination | Unknown |
 Rwanda | Legal [14][15] | | | Unknown | Unknown | | Unknown |
 Seychelles | Male illegal
Female legal | Unknown | | Unknown | Unknown | Unknown | Unknown |
 Somalia | Illegal | Unknown | | Unknown | Unknown | Unknown | |
 Uganda | All homosexual acts illegal (Penalty: Fine up to life sentence) | | Constitutional ban since 2005 | | | | |
 Tanzania | | Unknown | | Unknown | Unknown | Unknown | Unknown |
 Zambia | Male illegal (Penalty: fine to 15 years)
Female legal | Unknown | | Unknown | Unknown | Unknown | Unknown |
 Zimbabwe | Male illegal (Penalty: up to 10 years[16])
Female legal | Unknown | | Unknown | Unknown | Unknown | Unknown |
[edit] Southern Africa
| LGBT rights in: | Homosexual acts legal? | Recognition of same-sex relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (Sexual orientation) | Laws concerning gender identity/expression |
 Botswana | Illegal (Penalty: Fine - years) | Unknown | | Unknown | Unknown | Unknown | Unknown |
 Lesotho | Illegal [17] | Unknown | | Unknown | Unknown | Unknown | Unknown |
 Namibia | Illegal (not enforced)[18] | Unknown | | Unknown | Unknown | Anti-gay discrimination clause ineffective after adoption of new Labor Act | Unknown |
 South Africa | Legal since 1994 | Legal since 1996 | Legal since 2006 | Legal since 2002 | | Bans all anti-gay discrimination | Unknown |
 Swaziland | Male illegal (Penalty: US$90 fine - prison.)
Female legal[19] | Unknown | | Unknown | Unknown | Unknown | Unknown |
[edit] See also
[edit] References
- ^ BBC NEWS | World | Africa | Africa's lesbians demand change
- ^ Ottosson, Daniel (May 2009). "State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults". International Lesbian and Gay Association (ILGA). pp. Page 45. http://www.ilga.org/statehomophobia/ILGA_State_Sponsored_Homophobia_2009.pdf. Retrieved 2009-05-19.
- ^ Ottosson, Daniel (May 2008). "State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults". International Lesbian and Gay Association (ILGA). pp. Page 11. http://www.ilga.org/statehomophobia/ILGA_State_Sponsored_Homophobia_2008.pdf. Retrieved 2009-01-12.
- ^ Gambia: Mob Violence And Murder Feared After President's Gay Beheading Threat, AllAfrica, June 12, 2008
- ^ [1]
- ^ Page 6 of [2]
- ^ [3]
- ^ Burundi abolishes the death penalty but bans homosexuality 27 April 2009.
- ^ Ethiopia travel advice, British Foreign and Commonwealth Office
- ^ Africa: Outspoken activists defend continent's sexual diversity
- ^ [4]
- ^ Labour Code. Page 25 of [5]
- ^ Africa: Outspoken activists defend continent's sexual diversity
- ^ [6]
- ^ [7]
- ^ Not tickling Mugabe’s fancy, Tribune, October 24, 1997
- ^ Lesotho travel advice, British Foreign and Commonwealth Office
- ^ [8]. Constitutional protection for sexual orientation since 2005. Labour Code of 1992 (which banned sexual orientation discrimination) was replaced by The Unimplemented Labor Act 2004, which did not specifically enumerate homosexuals as a group protected from employment discrimination, and such discrimination occurred.
- ^ Not specifically outlawed but ILGA 2008 pdf report labels as "unclear"; 2008 version of report still lists as unclear (with proposed ban) - pending laws needs to be updated w/ 2008/2009 data: Pending law, page 9 (Number 12), includes outlawing lesbian sex conduct. [9] and page 37 [10].
[edit] External links
