Issue Brief: LGBTQ+ Rights in Africa
History
The history of LGBTQ+ people in Africa has no beginning; or more precisely, it should begin with the evolution of the first humans in Africa. Activist Jay Michaelson cites anthropological evidence of “sexual diversity” and conceptions of gender that did not conform to traditional Western norms in pre-colonial Africa (1). However, modern LGBTQ+ history in Africa starts with European colonization. Udoka Okafor explains that Europeans, in imposing Christianity on their African colonies, were also responsible for spreading homophobia (2).  Many countries, among them Nigeria and Uganda, have ruled “consensual same-sex relations” illegal since the British colonial era (3). Recent years have seen different African nations moving in drastically different directions in terms of LGBTQ+ rights. For instance, South Africa became the first country in the world to constitutionally outlaw discrimination for sexual orientation in 2006, and Namibia had its first pride march in 2013, whereas violent mobs chased hundreds of LGBTQ+ people from their homes in 2013 in Mali, and new anti-gay laws were passed as recently as 2014 in Nigeria (3).
Current-day issues
Today, same-sex sexual activity is a criminal offense in 37 African countries, and discrimination comes from the public as well as the government; in Ghana, 98% of the population views homosexuality as “morally unacceptable” (the highest percentage of any nation surveyed) (3). South Africa is at the forefront of the African continent in terms of legal protections for LGBTQ+ people, as same sex marriage is legal there and discrimination for sexual orientation or gender is prohibited (4).  However, even in South Africa, LGBTQ+ individuals face prejudice and violence in their daily lives; so-called “corrective rape” against lesbians is a particular problem (5). Furthermore, extremely discriminatory and harsh laws against LGBTQ+ people have resulted in an appalling refugee situation. Many people flee their homelands in hopes of better, more equal treatment. For example, even a year after the repeal of a particularly hateful piece of anti-LGBTQ+ legislation, discrimination in Uganda is bad enough that that as of June 5 of this year there were an estimated 500 LGBTQ+ Ugandans seeking asylum in neighboring Kenya, yet Kenya is already full to bursting with refugees from other countries (6).  The situation is even worse for refugees living with HIV/AIDS, for in many countries, weak leaders are attempting to rekindle old hatred and stereotypes to draw attention away from the instability of their governments-- and these renewed prejudices include the mistaken belief that only LGBTQ+ people get HIV/AIDS (3). Apart from poor leadership, much of the anti-LGBTQ+ sentiment in Africa stems from the perceived association of LGBTQ+ rights and the Western world; as anti-Western feelings are common, some African leaders are using severe legislation as “political rhetoric of anti-Western resistance” (1).
Global impact and predictions
The plight of LGBTQ+ individuals in Africa is an issue of global importance, as extremely discriminatory laws bring international attention to refugees fleeing from their home countries. In 2014, legislation was passed in Uganda that “essentially [gave] homophobic people in Uganda license to assault or even kill LGBT people, making it unsurprising that many LGBT Ugandans are seeking safety and asylum in the U.S., Canada, Sweden, Scotland, Kenya, and even Rwanda” (3). Though the refugee crisis continues, this particular law was successfully repealed due to an international outcry (6). This, in part, contributed to the push for an official UN report on human rights violations due to sexual orientation or gender identity. The findings were grim, though the report is hopeful that the situation will continue to improve, and it reminds us that international law requires every UN member state to “respect, protect and fulfil the human rights of all persons within their jurisdiction” (7), making LGBTQ+ rights officially an international issue. Events outside of Africa also affect the LGBTQ+ community within the continent. For example, Caitlyn Jenner’s recent transition started conversations among African trans activists like Denis Nzioka, who called her story “inspirational,” but also recognized that “Caitlyn is white, privileged and has access to options that the majority of African trans [people] will never have...[African trans people are] trying to surmount so many socio-political issues that she does not face - issues such as corrective rape” (8). While LGBTQ+ issues in the news and Western media certainly help increase the visibility of the LGBTQ+ community around the world, including throughout Africa, more focus must be placed upon issues in Africa itself in order for change to be made. As we go forward, we predict that the UN will continue to play a pivotal role in policing and raising awareness of human rights violations in Africa, and that African LGBTQ+ rights organizations will gain more of a voice, but that these issues will not be resolved quickly given the extreme nature of the people’s and government’s anti-LGBGTQ+ attitudes.
