Countries like Nigeria, where some areas of the nation punish homosexuality by public stoning, have given Africa a global reputation as one of the most homophobic continents in the world. In an attempt to address the growing international concern over breaches of human rights against LGBTI people, the International Lesbian and Gay Association (ILGA) held their first Pan African Conference in Johannesburg from May 5-8.
The conference, which brought together over 60 LGBTI and Human Rights activists, launched a damning report on the state of homophobia in African nations. The report listed entrenchment of philosophies imported by colonial empires and the influence of religious beliefs for the current status of same-sex discrimination, which, according to ILGA, force those who identify as LGBTI to life in a constant state of fear.
‘Although many of the countries listed in the report do not systematically implement those laws their mere existence reinforces a culture where a significant portion of the citizens need to hide from the rest of the population out of fear,’ an ILGA report said.
The report also highlighted that of the 192 member states of the United Nations, 85 countries currently have legislation that criminalises same-sex acts between consenting adults. Of these 85 countries, 38 are African governments.
Due to its close and conservative links to Sharia law, Nigeria has been one of the most high profile of these African governments, frequently dominating international media coverage of African homophobia. In Nigeria, those caught committing same-sex acts are sentenced to the death penalty and spend up to 20 years on death row. In 2005, the nation’s Government initiated legislation that made it illegal for any of its citizens to participate in, or abet a same-sex marriage. Similarly, Zambia and Uganda punish same-sex activities with 5 and 7 years imprisonment, respectively.
A number of non-African nations have expressed their ongoing concern over the breaches of human rights for LGBTI people. The European Parliament passed a resolution in March this year urging the Nigerian government to respect human rights for LGBTI people. The resolution stated:
‘The European Parliament calls on the Nigerian Parliament not to adopt the proposed ‘Same Sex Marriage (Prohibition) Act’ in its current form, since it contains infringements of the basic human rights of freedom of expression and opinion, in particular when it envisages a five-year prison sentence for anyone involved publicly or privately in positive representation of or advocacy for same sex relationships.’
Bucking the continental trend, conference host South Africa became the first African nation to provide legal recognition of same-sex couples in 2006, following a 2005 constitutional court judgement urging the government to remove any barriers that prevented same-sex marriage.
‘When we attained our democracy, we sought to distinguish ourselves from an unjust painful past by declaring that never again shall it be that any South African will be discriminated against on the basis of colour, creed, culture and sex,’ Home Affairs Minister Nosiviwe Mapisa-Nqakula told the National Assembly upon passing the legislation.
Despite the leadership shown by South Africa, African nations are still among the most criticised by watchdog groups, such as Human Rights Watch and Amnesty International, for their track record on LGBTI human rights. The ILGA conference allowed activists from various groups to discuss the status of LGBTI rights as well as to share and collaborate on future work to address ongoing issues in the region.
