Template:LGBT rights table Africa

This table:

Northern Africa

LGBT rights in:Same-sex sexual activityRecognition of same-sex unionsSame-sex marriageAdoption by same-sex couplesLGB people allowed to serve openly in militaryAnti-discrimination laws concerning sexual orientationLaws concerning gender identity/expressionNo Anti-LGBT laws
Algeria AlgeriaNo Illegal since 1966
Penalty: Up to 3 years imprisonment with fines up to 10,000 dinars.[1] Torture,[2] beatings,[3] or vigilante executions are also common.
NoNoNoNoNoNoNo
Canary Islands Canary Islands
(Autonomous community of Spain)
Yes Legal since 1979
+ UN decl. sign.[4]
Yes De facto unions legal since 2003[5]Yes Legal since 2005[6]Yes Legal since 2005[7][8]Yes Spain responsible for defenceYes Bans all anti-gay discrimination[9]Yes Since 2007, all documents can be amended to the recognised gender[10]Yes
Ceuta Ceuta
(Autonomous city of Spain)
Yes Legal since 1979
+ UN decl. sign.[4]
Yes De facto union since 1998[11]Yes Legal since 2005[6]Yes Legal since 2005[7]Yes Spain responsible for defenceYes Bans all anti-gay discriminationYes Since 2007, all documents can be amended to the recognised gender[10]Yes
Egypt EgyptYes/ No Ambiguous. Male de jure legal, but de facto illegal since 2000
Penalty: Up to 17 years imprisonment with or without hard labour and with or without fines under broadly-written morality laws.[4][12]
NoNoNoNoNoNoNo
Libya LibyaNo Illegal since 1953
Penalty: Up to 5 years in jail or vigilante execution.[13][14]
NoNoNoNoNoNoNo
Madeira Madeira
(Autonomous region of Portugal)
Yes Legal since 1983
+ UN decl. sign.[4]
Yes De facto union since 2001[15][16]Yes Legal since 2010[17]Yes Legal since 2016[18][19][20]Yes Portugal responsible for defenceYes Bans all anti-gay discrimination.[9]Yes Since 2011, all documents can be amended to the recognised gender[21]Yes
Melilla Melilla
(Autonomous city of Spain)
Yes Legal since 1979
+ UN decl. sign.[4]
Yes De facto union since 2008[22]Yes Legal since 2005[6]Yes Legal since 2005[7]Yes Spain responsible for defenceYes Bans all anti-gay discrimination[23]Yes Since 2007, all documents can be amended to the recognised gender[10]Yes
Morocco Morocco
(including Southern Provinces)
No Illegal since 1962
Penalty: Up to 3 to 6 years imprisonment with hard labour.[4][24]
NoNoNoNoNoNoNo
Sahrawi Arab Democratic Republic Sahrawi Arab Democratic Republic
(Disputed territory; excluding Southern Provinces)
No Illegal
Penalty: Up to 3 years imprisonment.[4][25][26]
NoNoNoNoNoNoNo
Sudan SudanNo Illegal since 1899 (as Anglo-Egyptian Sudan)
Penalty: Life imprisonment for a third offense of anal sex.[27]
NoNoNoNoNoNoNo
Tunisia TunisiaNo Illegal since 1913 (as the French protectorate of Tunisia)
Penalty: 3 years imprisonment.[4][28]
[29]
NoNoNoNoNoNoNo

Western Africa

LGBT rights in:Same-sex sexual activityRecognition of same-sex unionsSame-sex marriageAdoption by same-sex couplesLGB people allowed to serve openly in militaryAnti-discrimination laws concerning sexual orientationLaws concerning gender identity/expressionLack of a Presence of Anti-LGBT laws
Benin BeninYes Legal (No laws against same-sex sexual activity have ever existed in the country);[4][30]
Age of consent discrepancy[4]
NoNoNoNo
Burkina Faso Burkina FasoYes Legal (No laws against same-sex sexual activity have ever existed in the country)[4]NoNo Constitutional ban since 1991NoNoNo
Cape Verde Cape VerdeYes Legal since 2004
+ UN decl. sign.[4]
NoNoNoYes Bans some anti-gay discrimination[4]
The Gambia GambiaNo Illegal since 1888 (as the Gambia Colony and Protectorate)
Penalty: Up to Iife imprisonment.[4][31][32]
NoNoNoNoNoNo Forms of gender expression criminalized since 2013[33]No
Ghana GhanaNo Male illegal since 1892 (as the Gold Coast)
Penalty: Up to 3 years imprisonment. (repeal disputed)[34] [35]
Female illegal since 2024 [36]
NoNoNoNoNoNoNo
Guinea GuineaNo Illegal since 1988
Penalty: 6 months to 10 years imprisonment.[37]
NoNoNoNoNoNoNo
Guinea-Bissau Guinea-BissauYes Legal since 1993[4]
+ UN decl. sign.
NoNoNoNo
Ivory Coast Ivory CoastYes Legal (No laws against same-sex sexual activity have ever existed in the country);
Age of consent discrepancy[4]
NoNoNoNoNo
Liberia LiberiaNo Illegal since 1976
Penalty: 1 year imprisonment. [4][38] (repeal disputed)
NoNoNoNoNoNoNo
Mali MaliYes Legal (No laws against same-sex sexual activity have ever existed in the country)[4]NoNo Constitutional ban since 2023[39]NoNoNo[40]No
Mauritania MauritaniaNo No Illegal since 1983
Penalty: Capital punishment for men, (not enforced); prison and a fine for women.[4][41]
NoNoNoNoNoNoNo
Niger NigerYes Legal (No laws against same-sex sexual activity have ever existed in the country);
Age of consent discrepancy[4]
NoNoNoNoNo[42]
Nigeria NigeriaNo Illegal since 1904 (Northern Region only)
Illegal since 1916 (Region-wide)
Penalty: Up to 14 years imprisonment.
No Death in the states of Bauchi, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Niger, Sokoto, Yobe, and Zamfara. (not enforced)[4][43][32]
NoNo Statutory ban since 2013NoNoNoNo Forms of gender expression criminalized in Sharia provinces.No
Saint Helena Saint Helena, Ascension and Tristan da Cunha
(Overseas Territory of the United Kingdom)
Yes Legal since 2001
+ UN decl. sign.[4]
Yes Legal since 2017Yes Legal since 2017[44][45]Yes Legal since 2017Yes UK responsible for defenceYes Bans all anti-gay discriminationYes
Senegal SenegalNo Illegal since 1966
Penalty: 1 to 5 years imprisonment.[4][46]
NoNoNoNoNoNoNo
Sierra Leone Sierra LeoneNo Male illegal since 1861 (as the Sierra Leone Colony and Protectorate)
Penalty: Up to life imprisonment (Not enforced, repeal disputed).
Yes Female always legal
+ UN decl. sign.[4]
NoNoNoNoNoNoNo
Togo TogoNo Illegal since 1980
Penalty: Fine and 3 years imprisonment [4] (repeal proposed)[47]
NoNoNoNoNoNoNo

Central Africa

LGBT rights in:Same-sex sexual activityRecognition of same-sex unionsSame-sex marriageAdoption by same-sex couplesLGB people allowed to serve openly in militaryAnti-discrimination laws concerning sexual orientationLaws concerning gender identity/expressionLack of a Presence of Anti-LGBT laws
Cameroon CameroonNo Illegal since 1972
Penalty: Fines to 5 years imprisonment.[4][32] or vigilante execution and torture,[48] (repeal disputed)
NoNoNoNoNoNoNo
Central African Republic Central African RepublicYes Legal (No laws against same-sex sexual activity have ever existed in the country)[4]
+ UN decl. sign.
NoNo Constitutional ban since 2016[49]NoNoNo[50]No
Chad ChadNo Illegal since 2017
Penalty: Between 3 months and 2 years in prison, with fines of 50,000 to 500,000 FCFA. (Penal Code, Chapter 2, Article 354) [51]
NoNoNoNoNoNo[52]No
Democratic Republic of the Congo Democratic Republic of the CongoYes Legal (No laws against same-sex sexual activity have ever existed in the country)[4]NoNo Constitutional ban since 2005NoNoNoNo
Republic of the Congo Republic of the CongoYes Legal (No laws against same-sex sexual activity have ever existed in the country);
Age of consent discrepancy[4]
NoNoNoNoNo[53]No
Equatorial Guinea Equatorial GuineaYes Legal (No laws against same-sex sexual activity have ever existed in the country)[4]NoNoNoNoNo[54]
Gabon GabonYes Legal since 2020[55];
Age of consent discrepancy,
+ UN decl. sign.
NoNoNoNo
São Tomé and Príncipe São Tomé and PríncipeYes Legal since 2012
+ UN decl. sign.[4]
NoNoNoNo

Eastern Africa

LGBT rights in:Same-sex sexual activityRecognition of same-sex unionsSame-sex marriageAdoption by same-sex couplesLGB people allowed to serve openly in militaryAnti-discrimination laws concerning sexual orientationLaws concerning gender identity/expressionLack of a Presence of Anti-LGBT laws
Burundi BurundiNo Illegal since 2009
Penalty: fine, and 3 months to 2 years imprisonment. [4][56] (repeal disputed)
NoNo Constitutional ban since 2005NoNoNoNoNo
Djibouti DjiboutiYes Legal (No laws against same-sex sexual activity have ever existed in the country) [4][57]NoNoNoNoNo[58]
Eritrea EritreaNo Illegal
Penalty: Up to 3 years imprisonment.[4][59] or vigilate execution[60] Beatings and torture are also tolerated.[61]
NoNoNoNoNoNoNo
Ethiopia EthiopiaNo Illegal
Penalty: Up to 15 years. [4] (repeal disputed) [62]
NoNo Statutory ban since 2009[63]NoNoNoNoNo
Kenya KenyaNo Illegal since 1897 (as the East Africa Protectorate)
Penalty: up to 14 years imprisonment. (repeal proposed) [4][32][64]
NoNo Constitutional ban since 2010[65]NoNoYes/No Limited protection following legal process by the authorities.[66]Yes[67]No
Rwanda RwandaYes Legal (No laws against same-sex sexual activity have ever existed in the country)[4]
+ UN decl. sign.
NoNo Constitutional ban since 2003NoNoNoNo
Somalia SomaliaNo Illegal
Penalty: Up to 3 years prison.
Jubaland Jubaland No Illegal. Penalty: Up to death in Jubaland.[citation needed]
NoNoNoNoNoNoNo
Somaliland Somaliland
(Disputed territory)
No Illegal
Penalty: Up to 3 years prison, sometimes death sentences.[68]
NoNoNoNoNoNoNo
South Sudan South SudanNo Illegal since 1899 (as Anglo-Egyptian Sudan)
Penalty: Up to 10 years imprisonment. (not enforced) [4][32]
NoNo Constitutional ban since 2011[citation needed]NoNoNoNo Forms of gender expression are criminalized.No
Tanzania TanzaniaNo Illegal since 1864 (only Zanzibar)
Illegal since 1899
Penalty: Up to life imprisonment.[4][32] Vigilante executions, beatings and torture[69][70] are also tolerated.
NoNoNoNoNoNoNo
Uganda UgandaNo No Male illegal since 1902 (as Protectorate)
Female illegal since 2000
Penalty: Life imprisonment, Death penalty in some cases, Beatings, torture, or vigilante execution. [71][72]
NoNo Constitutional ban since 2005NoNoNoNoNo

Indian Ocean states

LGBT rights in:Same-sex sexual activityRecognition of same-sex unionsSame-sex marriageAdoption by same-sex couplesLGB people allowed to serve openly in militaryAnti-discrimination laws concerning sexual orientationLaws concerning gender identity/expressionLack of a Presence of Anti-LGBT laws
Comoros ComorosNo Illegal since 1982
Penalty: 5 years imprisonment and fines. (not enforced)[4][73][74]
NoNoNoNoNoNo[75]No
French Southern and Antarctic Lands French Southern and Antarctic Lands
(Overseas territory of France)
Yes Legal
(No laws against same-sex sexual activity have ever existed in the territory)[4]
Yes Civil solidarity pact since 1999[citation needed]Yes Legal since 2013Yes Legal since 2013Yes France responsible for defenceYes Bans all anti-gay discriminationYes Under French lawYes
Madagascar MadagascarYes Legal
(No laws against same-sex sexual activity have ever existed in the country);
Age of consent discrepancy[4]
NoNoNoNo
Mauritius MauritiusYes Legal since 2023[76]
+ UN decl. sign.
NoNoNoNoYes Bans all anti-gay discrimination[77][78]
Mayotte Mayotte
(Overseas region of France)
Yes Legal
(No laws against same-sex sexual activity have ever existed in the region)[4]
Yes Civil solidarity pact since 2007Yes Legal since 2013Yes Legal since 2013Yes France responsible for defenceYes Bans all anti-gay discriminationYes Under French lawYes
Réunion Réunion
(Overseas region of France)
Yes Legal since 1791[4]Yes Civil solidarity pact since 1999Yes Legal since 2013Yes Legal since 2013Yes France responsible for defenceYes Bans all anti-gay discriminationYes Under French lawYes
Seychelles SeychellesYes Legal since 2016[79]
+ UN decl. sign.
NoNoNoYes Bans some anti-gay discrimination[4]

Southern Africa

LGBT rights in:Same-sex sexual activityRecognition of same-sex unionsSame-sex marriageAdoption by same-sex couplesLGBT people allowed to serve openly in militaryAnti-discrimination laws concerning sexual orientationLaws concerning gender identity/expressionLack of a Presence of Anti-LGBT laws
Angola AngolaYes Legal since 2021 [80]NoNoNoNoYes Bans all anti-gay discrimination[81] May possibly change gender under the Código do Registro Civil 2015[82]Yes
Botswana BotswanaNo Legal since 2019 [83]NoNoNoNo(Only LGB)Yes Bans all anti-gay discriminationYes Legal gender change recognized as a constitutional right since 2017[84]Yes
Eswatini EswatiniNo Male illegal since the 1880s (not enforced, repeal proposed)
Penalty: Unknown
Yes Female always legal[4][32]
NoNoNoNoNoNoNo
Lesotho LesothoYes Male legal since 2012
Female always legal[4]
NoNoNoNo May possibly change gender under the National Identity Cards Act 9 of 2011[85]
Malawi MalawiNo Illegal since 1891 (as British Central Africa Protectorate)[32]
Penalty: Up to 14 years imprisonment, with or without corporal punishment for men
up to 5 years imprisonment for women (repeal proposed)[4][86][32][87][88]
NoNoNoNoNoNoNo
Mozambique MozambiqueYes Legal since 2015[89][90]NoNoNoNoYes Bans some anti-gay discrimination[4][77]Yes
Namibia NamibiaNo Male illegal since 1920 (not enforced; repeal proposed)[32][91]
Penalty: Unknown
Yes Female always legal[4][92][93]
No/Yes Foreign same-sex marriages recognised.No/Yes Foreign same-sex marriages recognised.NoNoYes Bans some anti-gay discrimination.[94]Yes Under the Births, Marriages and Deaths Registration Act 81 of 1963[95]No
South Africa South AfricaYes Male legal since 1998
Female always legal; equal age of consent since 2007
+ UN decl. sign.[4]
Yes Limited recognition of unregistered partnerships since 1998; same-sex marriage since 2006Yes Legal since 2006Yes Legal since 2002Yes Since 1998Yes Constitution bans all anti-gay discriminationYes Anti-discrimination laws are interpreted to include gender identity; legal gender may be changed after surgical or medical treatmentYes[96][97]
Zambia ZambiaNo Illegal since 1911 (as part of the British South Africa Company rule of Rhodesia)
Penalty: up to 14 years imprisonment. (repeal proposed)[4][32]
NoNoNoNoNoNoNo
Zimbabwe ZimbabweNo Male illegal since 1891 (as part of the British South Africa Company rule of Rhodesia)
Penalty: up to 14 years imprisonment. (repeal proposed)
Yes Female always legal[4][32]
NoNo Constitutional ban since 2013[98]NoNoNoNoNo


References