Why is Africa a dangerous place for the LGBTQ+ community?
Homosexuality is illegal in over 30 African states. The punishments range from long imprisonment to capital punishment. Those who identify as homosexual or transgender cannot freely express themselves and live in fear of being persecuted, not for something they did wrong, but for who they are. Every single day they have to deal with discrimination and humiliation. Many people believe that being gay is a Western invention and is not a part of African culture. Nowadays homophobia brings many conservative African communities together in their fight against Western values. All that makes Africa an extremely dangerous place for the LGBTQ+ community.
Roots of homophobia and transphobia in Africa
More than half of the countries where homosexuality is now criminalised used to be under British rule. Before the colonisation process, the attitudes towards gender and same-sex relationships used to be less strict. There were no transphobic or homophobic rights present in any of the African countries, and same-sex relations and cross-dressing used to be commonly accepted. During the colonisation process, however, Christian attitudes were spread around the continent and missionaries introduced a ban on homosexuality. In the 19th and 20th centuries communities around Africa were forced to implement new anti-LGBT policies.
Even though most African states are independent now, hatred towards the LGBTQ+ community became ingrained in people’s minds, and the anti-LGBT laws are still part of the constitutions of several states. The oppression of individuals who belong to the LGBTQ+ community is often so extreme that they have no choice but to emigrate and seek protection in other states. As a result of that, many of them become homeless and fall victims of violence. On multiple occasions, the international community tried to intervene and promote universal human rights, but such attempts have always been met with scepticism. Many African states do not want to agree for the West to get involved in their national issues.
What are the laws?
Homosexuality is punishable by death in Mauritania, Nigeria, and Somalia. The situation is particularly concerning in Nigeria where it is also illegal to be supportive of homosexual individuals. Family and friends of the LGBTQ+ people can face up to 10 years in prison if they do not condemn and report their acts. In Tanzania, Uganda, Gambia, Sudan, and Zambia members of the LGBTQ+ community can face life imprisonment. In Egypt, South Sudan, Ghana, and Kenya homosexuals can be sentenced to 10 or more years in prison.
Some states apply different laws to homosexual acts done by men and women. In Sierra Leone, for example, female homosexuality is legal, but the male one is punishable by life in prison. Similarly in Mauritania, men can be sentenced to death if they belong to the queer community, but women can get away with a short prison sentence and a fine.
South Africa is the only African state that legalised gay marriages and protects the rights of homosexual people. It is the most liberal state when it comes to LGBT laws. Nevertheless, acts of violence targeting individuals belonging to the South African queer community still happen frequently.
Recent developments and reflection on the future
In 2020 Gabon formally decriminalised same-sex activities. In 2019, in Botswana, both female and male homosexual acts have been made legal. Even though in Gambia homosexuality is theoretically punishable by life imprisonment, since the change of government in 2017 no one has been prosecuted under the anti-LGBT laws. In recent years there have clearly been some positive changes in regard to the rights of homosexual and transsexual people in Africa. Nevertheless, in 2019, Uganda introduced ‘Kill the Gays’ bill that proposed the death penalty for queer individuals. That shows that in many parts of the continent homosexuality still remains a taboo.
It is difficult to tell what the future holds for the LGBTQ+ individuals in Africa. On one hand, citizens seem to be standing up for the queer communities and trying to undertake steps to eliminate the bad laws. On the other hand, however, the decision-makers are adamant not to accept help and guidance from the West. Without the support of the international community, however, the essential education and empowerment programmes will not be effectively implemented in rural areas, and the homophobic mindset of the most conservative African groups will stay the same. It is important that the LGBTQ+ community is not only protected by law but also accepted by everyone as equal, full-fledged members of society. Without that, they will not be able to enjoy their newly acquired freedom.
