In 2019, The High Court of Kenya upheld the law criminalizing consensual same-sex sexual activity. The court held that it is “an effective method to contain the country’s HIV epidemic” In Kenya, LGBTQ folks can spend up to 21 years in jail. In Tanzania, Uganda and Zambia, life imprisonment is the maximum punishment.
In African countries where it is not expressly criminalized, gay people face discrimination.
In the Ivory Coast, the laws against indecency have been used to jail some homosexuals even though it is not expressly a crime. In Egypt, gay men are charged with blasphemy, debauchery and immorality. In Tanzania, condoms and lubricants are banned from LGBTQ health clinics.
African countries where homosexuality is not a crime
Homosexuality is not a crime in these countries, Angola, Benin, Botswana, Burkina Faso, Cabo Verde, Central African Republic, Congo, Côte d’Ivoire, DR Congo, Djibouti, Equatorial Guinea, Gabon, Guinea Bissau, Lesotho, Madagascar, Mali, Mozambique, Niger, Rwanda, Sao Tome and Principe, Seychelles, and South Africa.
Angola is the latest country to decriminalise homosexuality, this was done in 2021. Employment protection against people of queer sexual oreintation exists in Botswana, Cape Verde, Mozambique and Seychelles. There is also protection against discrimination in Angola, Mauritius and South Africa.
South Africa is the only African country where same-sex marriages are legal, and this was as far back as 2006. The members of the LGBTQ community are also protected from discrimination in South Africa.