LGBTQ rights in Africa

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Africa are generally lacking, especially in comparison to much of the Americas, Europe and Oceania.^[a] There are an estimated fifty million Africans who are not heterosexual.^[1]

LGBTQ rights in Africa
Same-sex marriage   Limited recognition (foreign residency rights)   Homosexuality legal but no recognition   Prison but unenforced   Punishable by prison   Death penalty but unenforced   Enforced death penalty
Legal Status	Legal in 23 out of 54 countries; equal age of consent in 17 out of 54 countries Legal, with an equal age of consent, in all 8 territories
Gender identity	Legal in 4 out of 54 countries Legal in 7 out of 8 territories
Military	Allowed to serve openly in 1 out of 54 countries Allowed in all 8 territories
Discrimination protections	Protected in 10 out of 54 countries Protected in all 8 territories
Family rights
Recognition of relationships	Recognized in 2 out of 54 countries Recognized in all 8 territories
Restrictions	Same-sex marriage constitutionally banned in 13 out of 54 countries
Adoption	Legal in 1 out of 54 countries Legal in all 8 territories

As of April 2025, homosexuality is outlawed in 31 of the 54 African states recognised by the United Nations.^[2] In Eswatini, Kenya, Sierra Leone, South Sudan and Togo, only male homosexuality is criminalised.^[3] In Egypt, despite no law explicitly criminalising homosexual acts, the state uses several morality provisions for the de facto criminalization of homosexual conduct.^[4]

According to the Human Rights Watch, in Benin and the Central African Republic, whilst homosexuality itself is not illegal, there are discriminatory laws specifically targeting homosexual acts.^[5] In former British colonies, including Kenya and Nigeria, laws criminalising homosexuality are typically traceable to the colonial era.^[6] In states where homosexuality is legal, there is often little to no discrimination protection for homosexuals in areas such as employment.^[7]

Homosexuality has never been criminalised in Benin, Burkina Faso, the Central African Republic, Djibouti, Côte d'Ivoire, the Democratic Republic of the Congo, the Republic of the Congo, Equatorial Guinea, Madagascar, Niger, and Rwanda. It has been decriminalised in Angola, Botswana, Cape Verde, Gabon, Guinea-Bissau, Lesotho, Mauritius, Mozambique, Namibia, São Tomé and Príncipe, Seychelles, and South Africa. However, in six of these countries (Benin, Gabon, Ivory Coast, Republic of the Congo, Niger, and Madagascar), the age of consent is higher for same-sex sexual relations than for opposite-sex ones. As of April 2025, Namibia is the most recent country in Africa to decriminalise homosexuality.

In November 2006, South Africa became the first country in Africa and the fifth country in the world to legalise same-sex marriage. In May 2023, the Supreme Court of Namibia ruled foreign same-sex marriages must be recognised equally to heterosexual marriages.^[8] Spanish, Portuguese, British, and French overseas territories in Africa have legalised same-sex marriage.^[9][10] LGBTQ anti-discrimination laws exist in ten African countries: Angola, Botswana, Cape Verde, Lesotho, Mauritius, Mozambique, Namibia, São Tomé and Príncipe, Seychelles, and South Africa.

In recent years, although many countries have made process with decriminalisation, some countries in which homosexuality is illegal have introduced harsher penalties. Uganda's Anti-Homosexuality Act of 2023, which permits the use of capital punishment for certain types of consensual same-sex activities, has garnered significant international attention.^[11]

Since 2011, some developed countries have implemented, or considered implementing, laws limiting or prohibiting general budget support to countries that restrict the rights of LGBTQ people.^[12] Rather than fueling the granting of greater LGBTQ rights, in some areas, this has exacerbated homophobic sentiments.^[13][14] Past African leaders such as Zimbabwe's Robert Mugabe and Uganda's Yoweri Museveni have claimed that homosexuality is an "un-African" import from Europe.^[15] However, most scholarship and research demonstrate that homosexuality has long been a part of various African cultures.^{[16][17][18][19]}

Overview

In a 2011 UN General Assembly declaration for LGBTQ rights, nation states were given a chance to express their support, opposition, or abstention on the topic. Only Cape Verde, Central African Republic, Gabon, Guinea-Bissau, Mauritius, Rwanda, São Tomé and Príncipe, Seychelles, Sierra Leone, and South Africa expressed their support.^[20] A majority of African countries expressed their opposition. State parties that expressed abstention were Angola, Botswana, Burkina Faso, Burundi, Democratic Republic of the Congo, Equatorial Guinea, Ghana, Lesotho, Liberia, Madagascar, Mozambique, Namibia, Republic of the Congo, and Zambia.^[21]

In southern Somalia, Somaliland, Mauritania, northern Nigeria, and Uganda, homosexuality is punishable by death.^[22][23] In Sudan, Gambia, Tanzania, and Sierra Leone, offenders can receive life imprisonment for homosexual acts - although this is not enforced in Sierra Leone. In addition to criminalising homosexuality, Nigeria has enacted legislation prohibiting the support of LGBT+ rights. 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 ten-year jail sentence.^[24]

Travel advisories encourage gay and lesbian travelers to use discretion in much of the continent to ensure their safety. This includes avoiding public displays of affection (although this can often apply to both homosexual and heterosexual couples).^[25]

South Africa is the only country in Africa in which discrimination against the LGBTQ community is constitutionally illegal. In 2006, South Africa became the first country in Africa and the fifth in the world to legalise same-sex marriage. There are large LGBTQ communities in South Africa's urban areas, including 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 frequently promoted as tourist destinations for LGBTQ people. However social discrimination against LGBTQ people in South Africa does still occur, especially in rural areas where it is fueled by a number of religious figures and traditions.

While South Africa is often perceived as the most supportive African country for LGBTQ rights, nations like Namibia, Cape Verde, Mauritius, Seychelles, Angola, Botswana, Mozambique, São Tomé and Príncipe and Lesotho are also recognised for their social acceptance and tolerance of LGBTQ people.^[26]

History of LGBTQ+ rights in Africa

Further information: LGBTQ history § Africa, History of homosexuality § Africa, and Transgender history

Ancient history

Egypt

Main article: Homosexuality in ancient Egypt

Ancient Egypt had documented third gender categories, including for eunuchs.^[27] In the Tale of Two Brothers (from 3,200 years ago), Bata removes his penis and tells his wife "I am a woman just like you"; one modern scholar called him temporarily (before his body is restored) "transgendered".^{[27][28][page needed][29][page needed]}

Ancient Egyptian attitudes towards towards homosexuality remain unclear. There are no records condemning or penalising homosexuality, but documents that make reference to sexuality do not clearly reference specific sexual acts. Thus, a simple evaluation remains problematic.^[30][31]

Khnumhotep and Niankhkhnum depicted nose to nose and embracing in their tomb

The best-known case of possible homosexuality in ancient Egypt is that of the two high officials Niankhkhnum and Khnumhotep. Both men lived and served under Pharaoh Niuserre during the 5th Dynasty (c. 2494–2345 BC).^[30] Both Niankhkhnum and Khnumhotep had wives and children, but were buried together in one mastaba tomb. In this mastaba, several paintings depict the men embracing and touching the tips of their noses together. In ancient Egypt, this gesture typically represented a kiss.^[30] There has been much disagreement between Egyptologists and historians over how these paintings should be interpreted. Some scholars believe that the paintings reflect a same-sex relationship between two married men, suggesting the ancient Egyptians were accepting of homosexuality.^[32] Other scholars interpret the scenes as evidence that Niankhkhnum and Khnumhotep were twins, possibly conjoined twins.^[30]

The Roman Emperor Constantine in the 4th century AD is said to have exterminated a large number of "effeminate priests" based in Alexandria.^[16]

Modern history

North Africa

There is well-documented evidence of homosexuality in Northern Africa - particularly from the period of Mamluk rule. Arabic poetry emerging from cosmopolitan regions describes the pleasures of pederastic relationships, including accounts of Christian boys sent from Europe to become sex workers in Egypt. In Cairo, cross-dressing men called khawal would entertain audiences with song and dance - a tradition thought to be of pre-Islamic origin).^[16]

Accounts of early twentieth-century travellers, frequently include accounts of homosexuality in the Siwa Oasis in Egypt. Group of warriors in the region were known to pay reverse dowries to younger men, a practice later outlawed in the 1940s.^[16]

British anthropologist Siegfried Frederick Nadel wrote about the Nuba tribes in Sudan in the late 1930s.^[33] He noted traditional roles amongst the Otoro Nuba where male-assigned people would dress and live as women and marry men. Similar gender roles exist amongst the Moru, Nyima, Krongo, Mesakin and Tira people.^{[34][35][page needed][36]} In the Korongo and Mesakin tribes, Nadel also reported a common reluctance amongst men to abandon the pleasures of all-male camp life for the fetters of permanent settlement.

East Africa

In pre-colonial East Africa, male-assigned priests (called mugawe among the Meru and Kikuyu) would dress and style their hair like women and marry men.^{[37][page needed][38][39]}A similar role has historically existed within the Swahili-speaking Mashoga - with some male-assigned people taking on women's names and traditional gender roles.^[16]

Among the Nuer people (in what is now South Sudan and Ethiopia), widows who bore no children would sometimes adopt male statuses and marry women (a practice which has been viewed as transgender or homosexual);^[40][41][42] the Nuer also have a traditional male-to-female role.^[43] The Maale people of Ethiopia have a traditional role for male-assigned ashtime who take on feminine roles; traditionally, they served as sexual partners for the king on days he was ritually barred from sex with women.^[44] The Life and Struggles of Our Mother Wälättä P̣eṭros (1672) makes the first reference to homosexuality between nuns in Ethiopian literature.^[45][46] The Amhara people of Ethiopia have historically stigmatized men who adopted feminine dress.^[47][48]

In contemporary Ethiopia, same-sex activity is criminalised with up to fifteen years of life imprisonment under the Constitution's Article 629.^[49] According to the Pew Research Center in 2007, 97% of Ethiopians believe that homosexuality is unacceptable, marking the second highest level of rejection (after Mali). The Ethiopian Orthodox Tewahedo Church plays a significant role in maintaining these attitudes, with some members forming anti-gay movements. One of these movements is "Zim Anlem" founded by Dereje Negash, who is strongly affiliated with the national Church.

Uganda

Among the Baganda, Uganda's largest ethnic group, homosexuality has traditionally been treated with indifference. The Luganda term abasiyazi refers to homosexuals, though usage nowadays is typically considered pejorative. Among the Lango people, mudoko dako individuals made up a third gender category.^[50][51] Homosexuality was also acknowledged among the Teso, Bahima, Banyoro, and Karamojong peoples.^[52] Societal acceptance of LGBT+ people in Uganda declined following the arrival of the British and the creation of the Protectorate of Uganda in 1894.^[53][54][55]

Kenya

Not unlike neighbouring Uganda, male homosexual relations were acknowledged and tolerated in precolonial Ugandan society. Swedish anthropologist Felix Bryk has noted active (i.e. penetrative) male homosexuality and "homo-erotic bachelors" among the pastoralist Nandi and Maragoli (Wanga) people. Crossdressing has also been historically practiced by the Nandi as well as the Maasai during initiation ceremonies.

West Africa

The Dagaaba people, in Burkina Faso, have a traditional of viewing homosexual men as possessing the ability to mediate between the spirit and human worlds.^{[56][citation needed]} Further, they treat(ed) gender as determined by the energy of a person rather than their anatomy.^[57][58]

Southern Africa

Writing in the 19th century in an area roughly adjacent to southwestern Zimbabwe, David Livingstone asserted that the monopolisation of women by elderly chiefs was primarily responsible for the "immorality" practised by younger men.^[59] Edwin W. Smith and A. Murray Dale described one Ila-speaking man who dressed as a woman, did women's work, and lived and slept among, but not with, women. They translated the Ila label mwaami as "prophet" and noted that pederasty was not rare, "but was considered dangerous because of the risk that the boy will become pregnant".^[60]

Marc Epprecht's review of 250 court cases from 1892 to 1923 found cases of various cases of alleged homosexuality spanning the period. Five 1892 cases involved exclusively black Africans. A defense offered was that "sodomy" was a 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. Across the period, Epprecht found the balance of black and white defendants proportional to that in the population. He notes, however, that consensual relations in private did not necessarily provoke notice by the courts. Some cases were brought by partners who had been dropped or who had not received promised compensation by their former sexual partner. 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.^[60]

Malawi

Demone discusses the prominence of anti-LGBT sentiment in Malawi. British Colonial rule implemented laws criminalising the practice, which has influenced subsequent government policies. Malawi gained its independence from Britain in 1964, and has retained and enforced colonial anti-homosexuality laws ever since.^[61]

In 2010, a cisgender man, Steven Monjeza Soko, and a transgender woman, Tiwonge Chimbalanga Kachepa, where arrested by the Malawi police and charged following their engagement ceremony, despite no evidence of the two having sex.^[62] The court denied bail, sentencing both Soko and Kachepa to prison.

In Malawi prisons, there is documented homosexual behavior.^[63]

During the 1980s and early 1990s, President Hasting Kamuzu Banda ignored the massive rise of HIV/AIDS. From the late 1990s and early 2000s, although greater education of the virus was promoted, it is still negatively associated with homosexuality.

Morocco

Nicholas Hersh reports that LGBTQ asylum-seekers and refugees in Morocco often fear for their lives.^[64] Queer Moroccan Refugees have been subject to social discrimination and violence, including rape and imprisonment. Queer Moroccan Refugees who have been outed in their communities may experience poverty, frequently turning to sex work in exchange for housing.^[65]

Legislation by country or territory

List of countries or territories by LGBTQ rights in Africa

This table: view talk edit Northern Africa LGBTQ 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 Algeria Illegal since 1966 Penalty: Up to 3 years imprisonment with fines up to 10,000 dinars.[66] Torture,[67] beatings,[68] or vigilante executions are also common. Canary Islands (Autonomous community of Spain) Legal since 1979 + UN decl. sign.[69] De facto unions legal since 2003[70] Legal since 2005[71] Legal since 2005[72][73] Spain responsible for defence Bans all anti-gay discrimination[74] Since 2007, all documents can be amended to the recognised gender[75] Ceuta (Autonomous city of Spain) Legal since 1979 + UN decl. sign.[69] De facto union since 1998[76] Legal since 2005[71] Legal since 2005[72] Spain responsible for defence Bans all anti-gay discrimination Since 2007, all documents can be amended to the recognised gender[75] 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.[69][77] Libya Illegal since 1953 (as Kingdom of Libya) Penalty: Up to 5 years in jail or vigilante execution.[78][79] Madeira (Autonomous region of Portugal) Legal since 1983 + UN decl. sign.[69] De facto union since 2001[80][81] Legal since 2010[82] Legal since 2016[83][84][85] Portugal responsible for defence Bans all anti-gay discrimination.[74] Since 2011, all documents can be amended to the recognised gender[86] Melilla (Autonomous city of Spain) Legal since 1979 + UN decl. sign.[69] De facto union since 2008[87] Legal since 2005[71] Legal since 2005[72] Spain responsible for defence Bans all anti-gay discrimination[88] Since 2007, all documents can be amended to the recognised gender[75] Morocco (including Southern Provinces) Illegal since 1962 Penalty: Up to 3 to 6 years imprisonment with hard labour.[69][89] Sahrawi Arab Democratic Republic (Disputed territory; excluding Southern Provinces) Illegal Penalty: Up to 3 years imprisonment.[69][90][91] Sudan Illegal since 1899 (as Anglo-Egyptian Sudan) Penalty: Life imprisonment for a third offense of anal sex.[92] Tunisia Illegal since 1913 (as the French protectorate of Tunisia) Penalty: 3 years imprisonment.[69][93] [94] Western Africa LGBTQ 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 Benin Legal (No laws against same-sex sexual activity have ever existed in the country);[69][95] Equal age of consent since 2018. / Limited protections. Burkina Faso Legal (No laws against same-sex sexual activity have ever existed in the country, Criminalization pending) [96] Constitutional ban since 1991 Cape Verde Legal since 2004 + UN decl. sign.[69] Bans some anti-gay discrimination[69] Gambia Illegal since 1888 (as the Gambia Colony and Protectorate) Penalty: Up to Iife imprisonment.[69][97][98] Forms of gender expression criminalized since 2013[99] Ghana Male illegal since 1892 (as the Gold Coast) Penalty: Up to 3 years imprisonment (repeal disputed)[100][101] Female legal, Criminalization pending 2024[69][98][102][103] / Limited protections. Guinea Illegal since 1988 Penalty: 6 months to 10 years imprisonment.[104] / Limited protections. Guinea-Bissau Legal since 1993[69] + UN decl. sign. Ivory Coast Legal (No laws against same-sex sexual activity have ever existed in the country); Age of consent discrepancy[69] Liberia Illegal since 1976 Penalty: 1 year imprisonment.[69][105] (repeal proposed)[106] Bans some anti-gay discrimination Mali Illegal since 2024 Penalty: 7 years imprisonment and a fine of 500,000 francs.[107][69] Constitutional ban since 2023[108] [109] Mauritania Illegal since 1983 Penalty: Capital punishment for men, (not enforced); prison and a fine for women.[69][110] Niger Legal (Criminalization pending); Age of consent discrepancy[69] [109] 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)[69][111][98] 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.[69] Legal since 2017 Legal since 2017[112][113] Legal since 2017 UK responsible for defence Bans all anti-gay discrimination Senegal Illegal since 1966 Penalty: 1 to 5 years imprisonment.[69][114] 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.[69] Bans some anti-gay discrimination. Togo Illegal since 1980 Penalty: Fine and 3 years imprisonment [69] (repeal proposed)[115] / Limited protection against homophobic defamation. Central Africa LGBTQ 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 Cameroon Illegal since 1972 Penalty: Fines to 5 years imprisonment.[69][98] or vigilante execution and torture,[116] (repeal proposed) [117] Central African Republic Legal (No laws against same-sex sexual activity have ever existed in the country)[69] + UN decl. sign. Constitutional ban since 2016[118] [109] 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) [119] / Aggravated punishment when the rape is committed because of the sexual orientation of the victim. [109] Democratic Republic of the Congo Legal (No laws against same-sex sexual activity have ever existed in the country)[69] Constitutional ban since 2006 / Limited protections. Republic of the Congo Legal (No laws against same-sex sexual activity have ever existed in the country); Age of consent discrepancy[69] / Limited protections. [109] Equatorial Guinea Legal (No laws against same-sex sexual activity have ever existed in the country)[69] Bans some anti-gay discrimination. [109] Gabon Legal since 2020[120]; Age of consent discrepancy, + UN decl. sign. Constitutional ban since 2024 / Limited protections. São Tomé and Príncipe Legal since 2012 + UN decl. sign.[69] Bans some anti-gay discrimination[121] Eastern Africa LGBTQ 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 Burundi Illegal since 2009 Penalty: fine, and 3 months to 2 years imprisonment. [69][122] (repeal disputed) Constitutional ban since 2005 Djibouti Legal (No laws against same-sex sexual activity have ever existed in the country) [69][123] / Limited protections. [109] Eritrea Illegal Penalty: Up to 3 years imprisonment.[69][124] or vigilate execution[125] Beatings and torture are also tolerated.[126][127] Ethiopia Illegal Penalty: Up to 15 years. [69] (repeal disputed) [128] Statutory ban since 2009[129] Kenya Illegal since 1897 (as the East Africa Protectorate) Penalty: up to 14 years imprisonment. (repeal proposed) [69][98][130] Constitutional ban since 2010[131] / Limited protection following legal process by the authorities.[132] [133] Rwanda Legal (No laws against same-sex sexual activity have ever existed in the country)[69] + UN decl. sign. Constitutional ban since 2003 [134] Somalia Illegal Penalty: Up to 3 years prison. Jubaland Illegal. Penalty: Up to death in Jubaland.[citation needed] Somaliland (Disputed territory) Illegal Penalty: Up to 3 years prison, sometimes death sentences.[135] South Sudan Illegal since 1899 (as Anglo-Egyptian Sudan) Penalty: Up to 10 years imprisonment. (not enforced) [69][98] 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.[69][98] Vigilante executions, beatings and torture[136][137] are also tolerated. / Hate speech ban, only in broadcasting. Uganda Male illegal since 1902 (as Protectorate) Female illegal since 2000 Penalty: Life imprisonment, Death penalty in some cases, Beatings, torture, or vigilante execution. [138][139] Constitutional ban since 2005 Indian Ocean states LGBTQ 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 Comoros Illegal since 1982 Penalty: 5 years imprisonment and fines. (not enforced)[69][140] [109] French Southern and Antarctic Lands (Overseas territory of France) Legal (No laws against same-sex sexual activity have ever existed in the territory)[69] 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[69] Bans some anti-gay discrimination. Mauritius Legal since 2023[141] + UN decl. sign. Bans all anti-gay discrimination[142][143] Mayotte (Overseas region of France) Legal (No laws against same-sex sexual activity have ever existed in the region)[69] 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[69] 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[144] + UN decl. sign. Bans some anti-gay discrimination[69] Southern Africa LGBTQ 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 Angola Legal since 2021 [145] Bans all anti-gay discrimination[146] May possibly change gender under the Código do Registro Civil 2015[147] Botswana Legal since 2019 [148] (Only LGB) Bans all anti-gay discrimination Legal gender change recognized as a constitutional right since 2017[149] Eswatini Male illegal since the 1880s (not enforced, repeal proposed)[150] Penalty: Unknown Female always legal[69][98] / Hate speech ban, only in broadcasting. Lesotho Male legal since 2012 Female always legal[69] Bans some anti-gay discrimination.[151][152] May possibly change gender under the National Identity Cards Act 9 of 2011[153] Malawi Illegal since 1891 (as British Central Africa Protectorate)[98] Penalty: Up to 14 years imprisonment, with or without corporal punishment for men up to 5 years imprisonment for women (repeal proposed)[69][154][98][155][156] / Hate speech ban, only in broadcasting. Mozambique Legal since 2015[157][158] Bans some anti-gay discrimination[69][142] Namibia Legal since 2024[159] / Foreign same-sex marriages recognised[citation needed]. / Foreign same-sex marriages recognised[citation needed]. Bans some anti-gay discrimination.[160] Under the Births, Marriages and Deaths Registration Act 81 of 1963[161] South Africa Male legal since 1998 Female always legal; equal age of consent since 2007 + UN decl. sign.[69] 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)[69][98][162][163] Zimbabwe Male illegal since 1891 (as part of the British South Africa Company rule of Rhodesia) Penalty: up to 14 years imprisonment. (repeal proposed)[164] Female always legal[69][98] Constitutional ban since 2013[165] / Limited protections.[166][167]

Public opinion

Views of African leaders on homosexuality

LGBTQ activists at Cologne Pride carrying a banner with the flags of the then-72 countries where homosexuality was illegal at the time. Some of the African countries shown are Zimbabwe, Ethiopia, Nigeria, Algeria, Sudan, Mauritania (uses the pre-2017 flag)

The presidencies of Robert Mugabe between 1987 and 2017 were characterised by uncompromising hostility to LGBTQ rights in Zimbabwe. In September 1995, Zimbabwe's parliament introduced legislation banning homosexual acts.^[168] 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.^[169] Mugabe has previously referred to LGBTQ people as "worse than dogs and pigs".^[170]

In the Gambia, President Yahya Jammeh (between 1996 and 2019), called for anti-gay legislation "stricter than those in Iran", declaring he would "cut off the head" of any gay or lesbian person discovered in the country.^[171] In a speech given in Tallinding, Jammeh gave a "final ultimatum" to any gays or lesbians in the Gambia to leave the country.^[171] 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".^[172] In 2014, Jammeh called homosexuals "vermins" that must be fought "in the same way we are fighting malaria-causing mosquitoes, if not more aggressively". He went on to declare: "As far as I am concerned, LGBT can only stand for Leprosy,Gonorrhoea, Bacteria and Tuberculosis; all of which are detrimental to human existence".^[173][174] In 2015, following 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."^[175]

In Uganda, recent efforts against LGBTQ+ rights culminated in the Anti-Homosexuality Act of 2023 on March 22, 2023, making it illegal allowing to identify as LGBTQ, punishable by life in prison, and allowing the death penalty for "aggravated homosexuality".^{[176][177][178][179]} The United States, United Kingdom, Canada, Germany, and the European Union, as well as several local and international NGOs have condemned the act. However, it was sponsored by American Pentecostal communities in Uganda, who have a strong base in the country, and have supported previous anti-gay legislation passed in 2014.^{[180][181][182]} British newspaper The Guardian reported that President Yoweri Museveni "appeared to add his backing" to the 2023 legislative effort by, among other things, claiming "European homosexuals are recruiting in Africa", and describing gay relationships as against God's will.^[183] In a 2014 interview with CNN, Museveni described homosexuals as "disgusting" and "unnatural", although he stated he would ignore them if it was proven that "[he] is born that way". He further said that he had appointed a group of scientists in Uganda to determine if homosexuality was a learned orientation. This led to widespread criticism from the scientific community, with an academic of the National Institutes of Health calling on his Ugandan counterparts to reconsider their findings.^[184]

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.^[185][186]

Burundi became the first country in the 21st century to criminalize sodomy in 2009, followed by Chad in 2017, and then Mali in 2024. Conversely, African states including Angola, Botswana, Lesotho, Mauritius, Mozambique, Namibia, São Tomé and Príncipe, and Seychelles, have abolished sodomy laws in the 21st century. Legalization is proposed in some African states like Eswatini, Liberia, Kenya, Malawi, Togo, Zambia and Zimbabwe. Gabon passed a law criminalizing sodomy in 2019, but reversed its decision in 2020, when it decriminalised homosexuality.^[187][188]

Marriage

  Indicates the country/territory has legalised same-sex marriage nationwide

  Indicates that same-sex marriage is legal in certain parts of the country

  Indicates that the country has civil unions or registered partnerships

  Indicates that same-sex sexual activity is illegal

Opinion polls for same-sex marriage by country

Country	Pollster	Year	For	Against	Neutral[b]	Margin of error	Source
Kenya	Pew Research Center	2023	9%	90%	1%	±3.6%	[189]
Mozambique (3 cities)	Lambda	2017	28% (32%)	60% (68%)	12%		[190]
Nigeria	Pew Research Center	2023	2%	97%	1%	±3.6%	[189]
South Africa	Ipsos	2023	57%	29% [10% support some rights]	14%	±3.5% [c]	[191]

Adoption

  Indicates the country/territory has legalized same-sex adoption nationwide

  Indicates that same-sex adoption is legal in certain parts of the country

  Indicates that the country has step-child adoption or partner-guardianship

  Indicates that same-sex sexual activity is illegal

Opinion polls for same-sex adoption in Africa

Country	Pollster	Year	For[d]	Against[d]	Neither[e]	Margin of error	Source
Kenya	Pew Research Center	2023	9%	90%	1%	±3.6%	[192]
Nigeria	Pew Research Center	2023	2%	97%	1%	±3.6%	[193]
South Africa	Ipsos	2023	57% (66%)	29% [10% support some rights] (34%)	14%	±3.5% [c]	[192]
	Pew Research Center	2023	38%	58%	4%	±3.6%	[193]

Homosexuals as neighbours

Acceptance of homosexuals as neighbours
Country	Would tolerate (%)	Would not tolerate (%)
Cape Verde	80%	20%
South Africa	70%	28%
Mauritius	56%	39%
Namibia	54%	44%
Mozambique	48%	43%
São Tomé and Príncipe	40%	59%
Botswana	36%	57%
Tunisia	19%	63%
Lesotho	22%	77%
Benin	22%	77%
Gabon	20%	79%
Ivory Coast	19%	79%
Morocco	15%	78%
Eswatini	18%	81%
Sudan	14%	82%
Tanzania	10%	85%
Togo	10%	86%
Kenya	9%	86%
Madagascar	11%	89%
Mali	11%	89%
Zimbabwe	8%	90%
Cameroon	8%	91%
Nigeria	8%	91%
Niger	9%	92%
Burkina Faso	8%	91%
Sierra Leone	7%	91%
Ghana	7%	93%
Guinea	7%	93%
Malawi	5%	94%
Senegal	4%	94%
Liberia	5%	95%
Zambia	4%	95%
Uganda	3%	96%
Gambia	3%	96%
Source: Afrobarometer (2016-2018)

See also

• LGBTQ portal
• Africa portal

• Recognition of same-sex unions in Africa
• Human rights in Africa
• Coalition of African Lesbians
• LGBTQ rights by country or territory
• LGBTQ rights in Europe
• LGBTQ rights in the Americas
• LGBTQ rights in Asia
• LGBTQ rights in Oceania
• Timeline of African and diasporic LGBT history
• African-American LGBTQ community
• Black gay pride

Notes

1. As of 2024, South Africa, Namibia, Cape Verde, Mauritius, Seychelles, Angola, Botswana, Mozambique, São Tomé and Príncipe, and Lesotho have stronger protections for LGBTQ people.
2. Also comprises: Don't know; No answer; Other; Refused.
3. [+ more urban/educated than representative]
4. Because some polls do not report 'neither', those that do are listed with simple yes/no percentages in parentheses, so their figures can be compared.
5. Comprises: Neutral; Don't know; No answer; Other; Refused.