Nearly half of the countries worldwide where homosexuality is outlawed are in Africa, according to a 2020 global review by the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA). There are 54 African states and only 22 of them have legalised homosexuality on paper, but not even all these have asserted their laws against discrimination.
In 2006, South Africa became the first and remains the only African country to legalise same-sex marriage, with a constitution that also protects against discrimination based on sexual orientation. A bill was also introduced in 2018 to criminalise hate crimes and hate speech.
South Africa’s President Cyril Ramaphosa passed into law the Civil Union Amendment Act in 2020, which prohibits marriage officers from refusing to conduct same-sex marriages. While these developments are a great step forward on paper, in reality, the country does still have a long way to go, with hate crimes against the LGBTQ+ community still prevalent.
Homosexuality criminalised
Homosexuality is criminalised in most African countries with strong societal and legal opposition to same-sex relationships. Many African societies are conservative, and cultural and religious beliefs often play a significant role in shaping attitudes towards homosexuality.
Some governments and religious leaders openly oppose and condemn same-sex relationships, considering them incompatible with cultural or religious norms. In some countries, they are punishable by imprisonment, while they are indictable by death in four — Mauritania, Nigeria (in states where sharia law is applied), Somalia and South Sudan.
Tough laws against same-sex marriage in Africa
There are instances of legal challenges and advocacy efforts aimed at opposing discriminatory laws and promoting LGBTQ+ rights. However, these efforts are met with strong restrictions imposed by legal, cultural, and political barriers.
In recent years, Uganda’s President Yoweri Museveni signed one of the world’s toughest anti-LGBTQ laws, including the death penalty. Same-sex relationships were already illegal in Uganda, as in more than 30 African countries, but the new law goes further as it also decrees a 20-year sentence for “promoting” homosexuality.
Same-sex “conduct” is already illegal in Ghana. Still, MPs introduced a sweeping new anti-LGBTQ+ draft bill two years ago to criminalise LGBTQ+ people, along with rights groups and anyone coming out in their support. Also, Nigeria’s former president, Goodluck Jonathan, signed the Same-Sex Marriage (Prohibition) Bill (SSMPA) into law on January 7, 2014. The purpose of the SSMPA is to prohibit marriage between persons of the same sex. This is a notional law as there is no evidence of any pre-existing practice of same-sex marriage for the law to prohibit.
Western interference in African same-sex marriage issues
Western engagement with African leaders on same-sex marriage and related issues has been complex and multifaceted. There have been sanctions and diplomatic pressure on African governments to promote and protect the rights of the LGBTQ+ community, including advocating for the recognition of same-sex marriage. However, there has been resistance from African leaders, who viewed such interventions as interference in their domestic affairs.
Former president of Kenya, Uhuru Kenyatta, in an interview with Christiane Amanpour of CNN, once reiterated Kenya’s stance on homosexuality. He emphasised that same-sex relationships are not the cultural philosophy of most Kenyans, nor indeed the rest of Africa.
“I won’t engage in a subject that is of no importance to the people of Kenya. This is not an issue of human rights; this is an issue of our base as a culture and as a people regardless of which community you come from. Homosexuality is illegal in Kenya.”
During a visit to Kenya in 2015, Barack Obama, then US president, challenged Kenyatta on the necessity for equality for the LGBTQ+ community, suggesting that “bad things happen” when countries do not accept their citizens’ right to be homosexual. Kenyatta in his remarks bluntly shut down Obama’s dialogue on gay rights terming it “a non-issue” and reiterating that Kenya will not accept homosexuality.
“We share a lot of things, but gay issues are not among them… We cannot impose on people what they don’t accept. Now, Kenya has trained its eyes on boosting trade, health, democracy, security, women and youth empowerment, not gay rights.”
West and Africa clash on same-sex marriage
The clash between Western perspectives on same-sex marriage and traditional African cultural values has been a complex and contentious issue. The intersection of cultural, religious, and political factors contributes to varying attitudes and responses across African societies.
The West focuses on equality, human rights, and non-discrimination principles. This is the major reason why many Western countries have legalised same-sex marriage (although it is still not accepted by all Western churches), granting equal civil rights and recognition to LGBTQ+ couples. Africans share a common belief in human dignity, cultural norms, and the heterogeneous identity of marriage; this common belief revolves around the principle of multiplication, making same-sex marriage an aberration of societal norms.
The way forward
Same-sex marriage should be approached and treated in the context of wide perspectives of African culture and its distinction from Western norms. While there are countries and communities where acceptance is growing in Africa, there are also places where social, cultural and legal challenges persist.
This will require a multifaceted approach involving collaboration between governments, civil society, the private sector, and international partners to effect meaningful and lasting change. Also, a fine-tuned energy through community support and networking, engagement with religious and traditional leaders, and diversity initiatives will help promote mutual understanding for addressing these complex issues.
