Here's a snapshot of positive and regressive legal developments in sub-Saharan Africa over the past decade
LONDON (Thomson Reuters Foundation) – Across sub-Saharan Africa more and more people are being harassed, attacked and shunned because of their sexual orientation or gender identity, Amnesty International said in a report released on Tuesday.
The study examines increasing efforts by some countries to further tighten anti-homosexuality laws, by broadening the scope of existing legislation or imposing steeper penalties for existing laws.
Of the 78 countries in the world that criminalise homosexuality, 38 are in Africa.
African countries which have never criminalised homosexuality include: Burkina Faso, Central African Republic, Chad, Congo, Democratic Republic of Congo, Gabon, Ivory Coast, Madagascar, Mali, Niger and Rwanda.
Here is a snapshot of positive and regressive legal developments in sub-Saharan Africa over the past decade:
POSITIVES:
SOUTH AFRICA: On May 8, 1996, South Africa became the first country in the world to constitutionally prohibit discrimination based on sexual orientation. The groundbreaking move was followed by legislation permitting joint adoption by same-sex couples in 2002. Two years later, the country introduced a law on legal gender recognition giving transgender applicants the ability to legally change their name and gender. In 2006, South Africa allowed same-sex marriage.
CAPE VERDE: Cape Verde's penal code of 2004 eliminated offences related to same-sex activity. Previously, Article 71 of the 1886 penal code had criminalised "vice against nature".
SAO TOME AND PRINCIPE: During its review at the U.N. Human Rights Council in 2011, Sao Tome and Principe committed to decriminalising homosexuality in the upcoming revision of its criminal code.
MAURITIUS: On Feb. 10, 2009, Mauritius committed to finalising and adopting its Sexual Offences Bill, which would have the effect of decriminalising homosexuality.
SEYCHELLES: On May 4, 2011, the Seychelles committed to repealing all provisions in its domestic law criminalising consensual sexual activity between people of the same sex.
KENYA: Although its new constitution which came into effect on Aug. 27, 2010, does not explicitly mention sexual orientation or gender identity, it outlaws discrimination “on any ground”. Some commentators have suggested that this makes Kenya's anti-homosexuality laws unconstitutional and suggest there could be future legal challenges based on this.
NEGATIVES:
SOUTH SUDAN: When South Sudan adopted a new penal code in 2008, it criminalised consensual same-sex conduct for men and women. Article 248 entitled Unnatural Offences outlaws “carnal intercourse against the order of nature” with up to 10 years in jail and a fine.
BURUNDI: In 2009, Burundi criminalised sexual relations with someone of the same sex. If found guilty, the law imposes a penalty of up to two years in prison and/or a fine of up to 100,000 francs ($64).
NIGERIA: Under Article 214 of the Nigerian Criminal Code Act, anyone who “has carnal knowledge of any person against the order of nature” faces up to 14 years in prison. Nigeria has gone on to further tighten its anti-homosexuality legislation by passing a bill in May 2013 outlawing same-sex marriage, with a penalty of up to 14 years in prison.
LIBERIA: In 2012, two bills were proposed in the legislature seeking to toughen the penalties for consensual same-sex conduct. The Proposed Amendment to the Domestic Relations Law of Liberia Sub-Section 2.3 prohibiting same sex marriage had been unanimously passed by the Senate and was awaiting consideration by the House of Representatives. At the same time, the House of Representatives was considering a bill that would criminalise the “promotion” of consensual same-sex conduct – a provision that campaigners fear would target the work of human rights activists as well as health workers seeking to raise awareness about sexual health matters.
UGANDA: Uganda has made several attempts to introduce the notorious 2009 Anti-Homosexuality Bill, known locally as the “Kill the gays” bill. Initially, the draft bill required homosexuals to face the death sentence and gays to be reported to the authorities but those clauses were later dropped.
The bill now imposes the death penalty for “aggravated homosexuality”, and life imprisonment for the “offence of homosexuality”, for attempting to commit “aggravated homosexuality” and for entering into a same-sex marriage.
“Aggravated homosexuality” includes being caught engaging in same-sex sexual conduct three times, engaging in same-sex sexual conduct while HIV positive and having sex with a minor.
The draft legislation, which is awaiting debate in parliament, has been languishing at the parliamentary committee stage for one year.
(Sources: Amnesty International and Reuters)
Our Standards: The Thomson Reuters Trust Principles.
