In recent years, several African nations have enacted legislation to expand the criminalization of homosexuality. These laws pose a grave threat to the lives and freedoms of LGBTQI+ individuals across the continent. These laws not only contravene fundamental human rights principles but also erode democratic values and the rule of law, perpetuating stigma and discrimination against marginalized communities. Notable cases of such anti-LGBTQI+ legislation include Uganda, Kenya, Ghana, and Nigeria, with far-reaching consequences for both LGBTQI+ individuals and the overall socio-political landscape of these nations.
Following the passage of one of the world’s most punitive anti-LGBTQI+ laws in Uganda, Kenyan Member of Parliament George Kaluma commended Uganda’s efforts, ominously signaling Kenya’s intent to embark on a similar path. Despite the existence of colonial-era penal codes already criminalizing homosexuality — codes that remain prevalent in post-colonial societies, especially among Commonwealth members — lawmakers in numerous African countries are unwavering in their pursuit of extending the criminalization of LGBTQI+ activities. This endeavor seeks to suppress any advancements made by the LGBTQI+ community and forestall the recognition of rights based on sexual orientation or gender identity and expression.
For many LGBTQI+ individuals in these countries, who already endure hostile environments due to religious intolerance, disinformation about their identities, threats of violence from non-state actors, and state-sanctioned discriminatory legislation, the escalation of criminalization compounds an already precarious situation. In Uganda, the infamous Anti-Homosexuality Act was enacted in 2014, imposing life imprisonment for same-sex acts. Although subsequently overturned by the constitutional court on procedural grounds, the damage had been done. LGBTQI+ individuals were subjected to harassment, violence, and discrimination, with many fleeing the country in fear. Even after the law’s repeal, the government continued its crackdown on LGBTQI+ rights, leading to the arrest and intimidation of activists. Tragically, Uganda’s president signed an even more oppressive anti-LGBTQI+ law this year, exacerbating the plight of community members and prompting the still-unfolding mass exodus of LGBTQI+ individuals facing an uncertain future.
Regrettably, Uganda’s situation has had a ripple effect on neighboring East African nations. Despite the harsh conditions reported in the Kakuma refugee camp in Kenya, it continues to shelter many LGBTQI+ individuals fleeing Uganda, hoping for a better life through resettlement by the United Nations High Commissioner for Refugees (UNHCR). However, Kenyan lawmakers are currently pushing for even more severe anti-LGBTQI+ legislation. Kenya has an extensive history of anti-LGBTQI+ laws, with the penal code prescribing penalties of up to 14 years in prison for same-sex activity. In 2019, the country’s high court upheld this law, citing cultural and religious beliefs. LGBTQI+ individuals in Kenya face daily discrimination and violence, with many living in secrecy. Kenyan lawmakers seeking to expand criminalization and enact new anti-LGBTQI+ legislation aim to emulate Uganda’s repression, further marginalizing LGBTQI+ refugees.
Ghana has also witnessed a surge in anti-LGBTQI+ sentiment, culminating in a new bill that criminalizes same-sex marriage and LGBTQ+ advocacy; as of this writing, this bill has passed the first of three required readings. This legislation has garnered widespread condemnation from human rights groups and activists who assert that it flagrantly violates basic human rights and undermines Ghana’s democratic and legal foundations. Nevertheless, many proponents of this draconian law have received significant support in a country where LGBTQI+ individuals are socially isolated and often scapegoated for political gain. Ghana’s predicament is not isolated, as Africa grapples with a continent-wide trend of expanding criminalization spearheaded by both local policymakers and well-funded lobbies from the Global North.
Similarly, Nigerian lawmakers have successfully enacted the anti-same-sex marriage prohibition act (SSMPA), another one of the harshest anti-LGBTQI+ laws on the continent, imposing penalties of up to 14 years in prison for same-sex activities. Like Ghana, Uganda, and Kenya, Nigeria’s colonial-era penal code already criminalized same-sex marriage and other activities deemed “against the order of nature.” LGBTQI+ individuals in Nigeria face daily discrimination and violence, often living in fear or exile. However, since the implementation of SSMPA, violence and state-sanctioned arrests continue to escalate, leaving many LGBTQI+ people living in constant fear, hindering public health efforts to provide them with essential information, treatment, and care.
The ramifications of Nigeria’s situation have had adverse effects on neighboring countries where LGBTQI+ individuals already face criminalization. Reports of violence against LGBTQ+ people are on the rise in West Africa, with some incidents documented on social media to incite fear within the community. Cameroon has also witnessed a recent surge in violence against the LGBTQI+ community, rendering many transgender individuals in particular unable to seek refuge in Nigeria.
At a fundamental level, these laws not only contravene basic human rights principles but also subvert democracy and the rule of law, perpetuating stigma and discrimination against an already marginalized community. They fragment local communities, encourage vigilantism, leading to mob violence and injustice, and run counter to the principles of inclusive development necessary for fostering thriving and prosperous societies. Furthermore, these laws have a chilling effect on civil society and the media, which often face intimidation and harassment when speaking out against them.
The efforts to expand criminalization — and, indeed, the perpetuation of existing colonial-era penal codes throughout much of Africa — run counter to the essence of Ubuntu, the concept often championed by Nelson Mandela. At its core, Ubuntu signifies reciprocity, the common good, peaceful relations, the primacy of human dignity, and the sanctity of human life, along with tolerance, and mutual respect.
Last month, on August 8, the World Bank announced a suspension of new public financing for Uganda until the effectiveness of measures implemented in response to Uganda’s new Anti-Homosexuality Act has been evaluated. While existing projects and funding will continue, this measure signifies a temporary halt on new projects pending a satisfactory outcome. Critics, including the Ugandan government, have accused the Bank of imperialism, ignoring the Bank’s anti-discrimination rules adopted after its Safeguards review, encompassed within the Environmental & Social Framework for IPF Operations, particularly those pertaining to Sexual Orientation and Gender Identity (SOGI). The Bank’s stance is unequivocal: discriminatory laws and policies are at odds with its core values and impede efforts to enhance the lives of ordinary Ugandans.
The success of international development initiatives hinges on the inclusion of all, irrespective of race, gender, sexual orientation, or gender identity. This holds true not just for Uganda but for every nation dedicated to improving the well-being of its populace. Thus, these countries must urgently repeal their anti-homosexuality laws and refrain from further endeavors to expand criminalization to ensure the continued success of their public health programs and overall development.
The U.S. government has signaled its intent to respond in kind. Following Uganda’s enactment of the AHA, President Biden swiftly indicated a review of Uganda’s eligibility for the African Growth and Opportunity Act (AGOA), along with potential sanctions and entry restrictions to the United States. Simultaneously, the Council for Global Equality (CGE) urged the Biden administration to halt funding for the homophobic government and other entities, impose individual sanctions on those responsible for the draconian law in Uganda, and provide direct support to endangered members of the Ugandan LGBTQI+ community. Similar appeals have been made by various domestic and international organizations, aligning with local Ugandan groups’ demands.
Furthermore, it is fallacious to argue that anti-LGBTQI+ laws are seldom enforced and therefore pose minimal risks and dangers. The laws are being actively enforced — as thoroughly documented by Ugandan activists. Moreover, the moral panic, arbitrary arrests, extrajudicial violence, widespread fear, and chaos ensuing after the enactment of new anti-LGBTQI+ laws bear testament to their immediate adverse impact and the hostile environment they foster, a deliberate outcome sought by the proponents of such laws.
Additionally, the assertion that African countries face complex challenges like poverty, thus relegating LGBTQI+ issues as low priorities, is equally misguided. While it is true that Africa confronts multifaceted challenges, governments must avoid exacerbating the vulnerabilities of those most affected by these issues. According to the United Nations Joint Program on HIV/AIDS (UNAIDS), inequalities not only harm individuals but also hinder progress against AIDS, reducing the efficacy of HIV investments and jeopardizing millions of lives.
The phenomenon of “brain drain” resulting from these inequalities is particularly significant. Many LGBTQI+ youth are uprooting their lives, leaving their home countries in search of safety, acceptance, and opportunities to thrive as their authentic selves. Some have no other choice but to flee and seek refugee protection abroad if they hope to survive to adulthood. The specific economic and developmental ramifications of this brain drain on African nations remain uncertain due to the absence of comprehensive data. Nevertheless, some estimates suggest that Africa incurs approximately $2.0 billion in annual losses through brain drain in the health sector alone.
As more African youths depart the continent in droves for various reasons, including persecution based on their sexual orientation and gender identity, this trend undermines Africa’s development efforts and is unsustainable. As Akinwumi Adesina, President of the African Development Bank, aptly notes, “the future of Africa’s youth does not lie in migration to Europe; it should not be at the bottom of the Mediterranean; it lies in a prosperous Africa.” To achieve developmental goals despite the challenges, Africa must harness the potential of all its citizens and create a secure, inclusive society that welcomes everyone, including vulnerable groups like LGBTQI+ individuals.
To genuinely uphold democracy and the rule of law, African governments must repeal these harmful and discriminatory laws. They must also take concrete actions to protect the rights of all individuals, irrespective of their sexual orientation or gender identity. This entails addressing discrimination and violence against LGBTQI+ individuals, promoting education and awareness about LGBTQI+ issues, and ensuring the freedom of civil society and the media to advocate against discrimination while championing equality and human rights. Collaboration with international development partners is crucial to ensuring that no one is left behind, regardless of their sexual orientation or gender identity and expression.
The proliferation of anti-LGBTQI+ laws in Africa constitutes a perilous trend that imperils the lives and freedoms of countless individuals, placing the continent at a disadvantage. These laws contravene fundamental human rights principles, while also undermining democracy and the rule of law. It is imperative that African governments take decisive action to repeal these harmful and discriminatory laws while actively promoting equality and human rights for all.