2023-12-27 18:29:47
The Vatican’s recent announcement authorizing priests to bless homosexual couples has sparked a movement of opposition within the Churches of Africa, at a time when more than half of the countries on the continent have legislation severely reprimanding homosexuality, ranging from up to heavy prison sentences.
If homosexual practices remain strongly condemned, both on a legal and societal level, in Africa, certain countries have relaxed their legislation, paving the way for the decriminalization and legalization of homosexuality.
Wave of decriminalizations in the 21st century
Latest country to decriminalize homosexuality: Botswana. In November 2021, following an appeal process, this southern African country maintained its decision on decriminalization. This allows laws punishing same-sex relationships to be amended, qualifying them as “ relics of the (British) Victorian era ” Who “ oppress a minority ».
Before him, Gabon (2020) and Angola (2019) relaxed their legislation regarding the rights of LGBT people. The former Portuguese colony removed the clause from its Penal Code in January 2019 “unnatural vices”, legacy of the colonial period. According to the organization Human Rights Watch, the Angolan government had “ also prohibits any discrimination based on sexual orientation.
In June 2015, Mozambique – another Portuguese colony – stopped making homosexuality a crime. Before this new legislation, the Penal Code adopted in 1886 provided for ” security measures “ towards those who commit “usually in unnatural acts.” However, these measures were never applied after the country’s independence in 1975.
Five other countries legalized homosexuality through decriminalization at the end of the 20th – beginning of the 21st century. Among them: Guinea-Bissau (1993), Cape Verde (2004), Lesotho and São Tomé and Principe (2012), the Seychelles archipelago (2016).
Between historical decriminalization and rejection of homosexuality
In other countries, mainly in Central Africa, homosexuality has simply never been the subject of criminal measures. This is the case of Burkina Faso, which has never penalized homosexuality since its accession to independence in 1960. Hostility towards gays and lesbians remains significant there, however. Last August, the Burkinabe Superior Council of Communication (CSC) also adopted a decision banning the broadcast of television channels making “the promotion of homosexuality”.
Likewise, the Central African Republic, the Democratic Republic of Congo (DRC) or even Rwanda have never adopted a policy or law aimed at criminalizing the gay and lesbian communities of their countries. This lack of jurisdiction does not prevent the reality of a repressive climate towards people belonging to the LGBT community. None of the countries cited have adopted laws to protect gays or lesbians from hostile acts, and legal recognition of unions does not appear to be under discussion there.
Only South Africa, a pioneer in this area, adopted a law legally recognizing homosexual couples and allowing adoption, in 2006.
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