Discrimination against LGBTI people in Africa skyrocketed in 2023, according to a report by Amnesty International. In this brief report covering 12 African countries, Amnesty International exposes the growing use of legal systems to systematically target and discriminate against LGBTI people.
These cases include laws used to persecute and marginalize members of the LGBTI community, highlighting a tendency to use legal mechanisms as instruments of repression.
“Across Africa, LGBTI people face a worrying setback in terms of progress, challenges to their identity and significant obstacles to their legal and social rights,” says Tigere Chagutah, regional director for the East and Southern Africa at Amnesty International.
“Arbitrary arrests and detentions have increased, and simply being yourself is considered a crime,” he adds. In some places, the death penalty looms like a terrifying specter, an unjust and brutal punishment for simply being who they are. We are facing a real crisis of homophobic legal warfare.”
On the continent, 31 countries continue to criminalize consensual same-sex relations, in flagrant violation of human rights standards established at the African Union and globally.
Existing laws have become tougher in several African countries.
A climate of fear and repression
In Uganda, where consensual same-sex relations were already illegal, the situation became even worse with the adoption of the Suppression of Homosexuality Act in 2023.
In Ghana, LGBTI people continue to face persistent discrimination and various human rights violations. The situation could become even more precarious if the Ghanaian Parliament passes one of the strictest anti-LGBTI bills on the continent.
In Malawi, LGBTI people live in a worrying and hostile environment, with discriminatory laws and human rights violations that create a climate of fear and repression.
In Zambia, there has been a notable and worrying increase in homophobic sentiments. This upsurge appears to be due to a variety of factors, including existing laws, cultural norms, and political events that contribute to shaping a problematic environment for the LGBTI community.
In Kenya, a Member of Parliament submitted the Family Protection Bill 2023. It includes measures that could limit fundamental rights, such as the right to assembly, privacy and access to information and services related to sexual and reproductive health. It aims to prohibit consensual homosexual relations, same-sex marriage and related activities.
Amnesty International calls on African states and governments to publicly recognize and protect the human rights of all, fairly, without discrimination.
“It is important to recognize that these challenges facing LGBTI people in Africa go beyond the question of legality and encompass a silent struggle for the hearts and minds of our societies. Without doubt, rights violations increase their vulnerability and underline the need for a coordinated regional and international response,” said Samira Daoud, Regional Director for West and Central Africa at Amnesty International.