LGBTQ rights in Africa
LGBTQ rights in Africa | |
|---|---|
Same-sex marriage
Limited foreign recognition (residency rights)
Homosexuality legal but no recognition
Prison but unenforced
Punishable by prison
Death penalty but unenforced
Enforced death penalty | |
| Legal status | Legal in 22 out of 54 countries; equal age of consent in 17 out of 54 countries Legal, with an equal age of consent, in all 8 territories |
| Gender identity | Legal in 4 out of 54 countries Legal in 7 out of 8 territories |
| Military | Allowed to serve openly in 2 out of 54 countries Allowed in all 8 territories |
| Discrimination protections | Protected in 11 out of 54 countries Protected in all 8 territories |
| Family rights | |
| Recognition of relationships | Recognized in 1 out of 54 countries Recognized in all 8 territories |
| Restrictions | Same-sex marriage constitutionally banned in 13 out of 54 countries |
| Adoption | Legal in 1 out of 54 countries Legal in all 8 territories |
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Africa are generally lacking, especially in comparison to much of the Americas, Europe and Oceania. There are an estimated fifty million Africans who are non-heterosexual.
As of September 2025, homosexuality is outlawed in 32 of the 54 African states recognised by the United Nations. In Eswatini, Ghana, Sierra Leone, and Zimbabwe, only male homosexuality is criminalised. In Egypt, despite no law explicitly criminalising homosexual acts, the state uses several morality provisions for the de facto criminalization of homosexual conduct.
According to the Human Rights Watch, in some countries whilst homosexuality itself is not illegal, there are discriminatory laws specifically targeting homosexual acts. In former British colonies, including Kenya and Nigeria, laws criminalising homosexuality are typically traceable to the colonial era. In states where homosexuality is legal, there is often little to no discrimination protection for homosexuals in areas such as employment.
In southern Somalia, Somaliland, Mauritania, northern Nigeria, and Uganda (in aggravated cases), homosexuality is punishable by death. In Gambia, Sudan, Sierra Leone, Tanzania, Uganda, and Zambia, offenders can receive life imprisonment for homosexual acts - although this is not enforced in Sierra Leone.
Homosexuality has never been criminalised in Benin, Central African Republic, Djibouti, Côte d'Ivoire, the Democratic Republic of the Congo, the Republic of the Congo, Equatorial Guinea, Madagascar, Niger, and Rwanda. It has been decriminalised in Angola, Botswana, Cape Verde, Gabon, Guinea-Bissau, Lesotho, Mauritius, Mozambique, Namibia, São Tomé and Príncipe, Seychelles, and South Africa. However, in five of these countries (Gabon, Ivory Coast, Republic of the Congo, Niger, and Madagascar), the age of consent is higher for same-sex sexual relations than for opposite-sex ones. Since June 2024, Namibia is the most recent country in Africa to decriminalise homosexuality.
In November 2006, South Africa became the first country in Africa and the fifth country in the world to legalise same-sex marriage. In May 2023, the Supreme Court of Namibia ruled foreign same-sex marriages must be recognised equally to heterosexual marriages. This ruling was overturned in December 2024, when a new act was signed into law which explicitly forbid same-sex marriages and the recognition of those performed abroad. Spanish, Portuguese, British, and French overseas territories in Africa have legalised same-sex marriage.
LGBTQ anti-discrimination laws exist in eleven African countries: Angola, Botswana, Cape Verde, Equatorial Guinea, Lesotho, Mauritius, Mozambique, Namibia, São Tomé and Príncipe, Seychelles, and South Africa. Botswana, Mauritius, and South Africa are the only countries in Africa in which discrimination against the LGBTQ community is constitutionally illegal. In other countries, there are limited discrimination protections.
Travel advisories encourage gay and lesbian travelers to use discretion in much of the continent to ensure their safety. This includes avoiding public displays of affection (although this can often apply to both homosexual and heterosexual couples).