Uganda's anti-gay law: how restricted are LGBTQ rights in Africa?

by Reuters
Tuesday, 30 May 2023 08:29 GMT

A member of the LGBTQ community poses for a picture with rainbow colours at the offices of Rella Women's Empowerment Program, for LGBTQ rights advocacy, after a Reuters interview in Kulambiro suburb of Kampala, Uganda April 4, 2023. REUTERS/Abubaker Lubowa

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Uganda has enacted one of the world's toughest anti-LGBTQ laws in a continent where only 22 of 54 nations allow homosexuality

NAIROBI, May 29 (Reuters) - Uganda has enacted one of the world's toughest anti-LGBTQ laws in a continent where only 22 of 54 nations allow homosexuality.

Here are facts about LGBTQ rights in Africa:

  • The maximum penalty is death in Mauritania, Somalia, and Nigeria in states where sharia law is applied.
  • Life imprisonment is the maximum penalty for same-sex relations in Sudan, Tanzania, Uganda and Zambia. Jail terms of up to 14 years are possible in Gambia, Kenya and Malawi.
  • The High Court of Kenya in 2019 upheld a law criminalising consensual same-sex sexual activity, saying it was "an effective method to contain the country's HIV epidemic".
  • In 2017, Chad criminalised same-sex acts in what the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) called "a worrying example of legal regression in the region".
  • A draft bill to toughen already severe laws against same-sex relations in Senegal was thrown out in January last year before being put to a vote because existing legislation was deemed sufficiently clear and the resultant penalties severe enough.
  • Although homosexuality is not a crime in Egypt, discrimination against the LGBTQ community is rife. Gay men are frequently arrested and typically charged with debauchery, immorality or blasphemy.
  • Ivory Coast does not criminalise gay sex but there have been recorded cases of detention and prosecution.
  • Tanzania has banned provision of condoms and lubricants to LGBTQ health clinics and, since 2018, increased the use of forced anal examinations.
  • Sodomy convictions in Tunisia have reportedly been on the rise.
  • Broad protection against discrimination based on sexual orientation exists in three countries: Angola, Mauritius and South Africa. Employment protection exists in the same three countries plus Botswana, Cape Verde, Mozambique and Seychelles.
  • South Africa is the only African country where gay marriage is legal. In 2018, the cabinet approved a bill criminalising hate crimes and hate speech. However, South Africa has high rates of homophobic crime.
  • Botswana decriminalised homosexuality in 2019 and Gabon in 2020.

Sources:

* Reuters bureaux

* Global review by the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), last updated in December 2020.

Compiled by Reuters bureaux; Editing by George Obulutsa, Alexander Winning and Andrew Cawthorne

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