In 2006, South Africa became the first African country to legalise same-sex marriage, with its constitution going so far as to safeguard against sexual orientation discrimination. Since then, numerous African countries, including Mozambique, Botswana, and Angola, have decriminalised same-sex relationships. However, same-sex marriage is still banned in 32 African countries, and in recent years, these laws have been toughened against those who identify as LGBTQ in order to defend African culture. In this video, we’ll look at five African countries where same-sex marriages are still illegal.

Number five: Nigeria
In 2014, the “Same-Sex Marriage (Prohibition) Act” was signed into law by former President Goodluck Jonathan, defying western pressure over gay rights and provoking US criticism. Prior to this law, the Nigerian Criminal Code had declared gay relationships between men illegal, but the new law went much further. The Act criminalises same-sex marriage and demonstrations of affection between persons of the same sex, inflicting a 10-year prison penalty on anybody who “registers, operates, or participates in gay clubs, societies, and organisations.” It also criminalises people who know or “abet” same-sex relationships, therefore criminalising LGBTIQ people’s friends and families. The penalty for anyone entering into a same-sex marriage contract is 14 years imprisonment. Despite current Western pressure on African governments to be completely tolerant of LGBTQ people, Nigeria has not changed her stance on same-sex marriages, which continues to remain illegal in the country.

Number four: Tanzania
Homosexuality is a socially taboo topic in Tanzania, and same-sex sexual actions (even when private and consensual) are criminal offences punishable by life imprisonment. The law also makes oral sex and anal penetration illegal for heterosexuals. Sections 154 to 157 of the Penal Code, in particular, criminalise sexual behaviour between men, with a maximum term of 14 years in jail; however, acts between women are not specified. This Penal Code, however, is only effective on the Tanzanian mainland. In 2004, Zanzibar, a semi-autonomous island in Tanzania, passed legislation criminalising female homosexual conduct. According to the law, sexual actions between women are penalized by a maximum prison term of five years – the same prison term that men face in Zanzibar for homosexual acts. Most recently, Tanzanian MPs have advocated for a new anti-homosexuality law that would impose tougher penalties for same-sex (LGBTQ) relationships, a move that would encourage African values among the younger generation and therefore the country’s future. Mr Festo Sanga, an MP representing Makete, stated that if tougher anti-gay legislation is not enacted, half of the parliamentarians could be gay in 30-50 years. “We need to act now for the future of the country. In fifty years to come, we may find ourselves with leaders of the same nature; in fact, it won’t just stop there in the parliament, but we may find them in mosques and churches as imams and priests,” he said.

Number three: Kenya
Same-sex marriage has been prohibited under Kenyan law since 2010. Per Section 162 of the Kenyan Penal Code, same-sex marriage is punishable by 21 years imprisonment, and any sexual practices (termed “gross indecency”) are a felony under Section 165 of the same statute, punishable by 5 years imprisonment. In a 2013 court case between the country’s NGO board and the National Gay and Lesbian Human Rights Commission (NGLHRC), the Supreme Court ruled three-to-two that the country’s NGO board was wrong to prevent the National Gay and Lesbian Human Rights Commission (NGLHRC) from registering, but the court stressed that gay sex remains illegal. Similar to Tanzania, Kenya is among a number of African states considering sweeping anti-homosexuality legislation, with legislator Mohamed Ali stating his desire to “kick LGBT people out of Kenya completely.” According to a draught of Kenya’s “family protection bill” that two lawmakers have supported in parliament, gay sex could result in at least ten years in prison, while “aggravated homosexuality” – which includes gay sex with a minor or disabled person, or when a terminal disease is passed on sexually – would result in the death penalty. New offences are also included in Kenya’s proposed law, such as “promoting” homosexuality and allowing gay intercourse on your premises, both of which carry a five-year prison sentence. The bill is now being reviewed by a parliamentary committee, which may subsequently refer it to the whole chamber for consideration.

Number two: Ghana
Since the colonial era, same-sex sexual actions have been illegal in Ghana, and LGBT rights have been severely restricted. It criminalises “unnatural carnal knowledge” in section 104 (1) (b) of its Criminal Offences Act, which the authorities interpret as “penile penetration of anything other than a vagina,” with a three-year prison sentence. Since 1960, this law has been rarely enforced, but in 2021, members of Ghana’s parliament proposed a new anti-gay bill called the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill, which seeks to criminalise identifying as gay, lesbian, bisexual, transgender, pansexual, nonbinary, queer, an ally, or “any other sexual or gender identity that is contrary to the binary categories of male and female.” It also criminalises LGBT advocacy, requires people to denounce “suspects,” advocates for conversion treatment, and imposes heavier prison penalties. The law has widespread support in Ghana, where President Nana Akufo-Addo has stated openly that gay marriage will not be permitted while he is in office. Although it was not passed in 2021, Ghana’s 275 members of Parliament overwhelmingly passed the bill in July 2023. Since its passage, Ghana has faced widespread condemnation from both the local and international communities, but the country’s leadership has refused to change its position.

Number one: Uganda
In May 2023, Uganda became the country with the world’s harshest anti-gay laws, which provide for life imprisonment for anyone guilty of homosexuality. Despite strong condemnation from several Western nations and human rights advocates, Uganda President Yoweri Museveni still went ahead and signed the Anti-homosexuality Act. Same-sex relationships were previously prohibited in Uganda, a religiously conservative East African country. However, the new law imposes tougher punishments on LGBTQ individuals. It advocates for the death penalty for “aggravated homosexuality,” which is defined as same-sex relationships involving HIV-positive adults, minors, or other vulnerable people. Anyone convicted of “attempted aggravated homosexuality” might face up to 14 years in prison. Ugandans who participate in gay relationships face life in jail, while those who seek to establish same-sex relationships face ten years in prison. Parliamentary Speaker Anita Among said in a statement that the president has “answered the cries of our people” by signing the law. In response to the anti-gay bill, the US has threatened Uganda with economic sanctions, but the Ugandan President remains unfazed, condemning homosexuality as “disgusting.”

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