Legal rights are diminishing for lesbian, gay, bisexual, transgender and intersex (LGBTI) people across the African continent. It's already illegal to be gay in Uganda. If you're found to have had a same-sex relationship, you can expect to spend seven years in prison. But Uganda's anti-gay laws have. South Africa is the only country in Africa in which discrimination against the LGBTQ community is constitutionally illegal.
Travel advisories encourage gay and lesbian travelers to use discretion in much of the continent to ensure their safety. African Countries where Homosexuality is still a Crime (in alphabetical order) In Africa, there are 31 countries that still criminalise homosexuality. Of these 29 have ratified the ICCPR, but only . Anti-gay laws: Africa’s human rights regression In the upsurge of laws and policies targeting homosexuality, the plight of victims is often forgotten.
In most of Africa – 33 out of 55 countries – homosexuality is a crime punishable by imprisonment. Weaponization of laws against LGBTI persons In Africa, 31 countries still criminalize consensual same-sex sexual activity, despite the clear contradiction with established African Union and international human rights standards. There has been a trend indicating a stiffening of existing laws in some African nations.
But, because the Child Care Act confined joint adoption to married couples, custody and guardianship rights could be granted to one partner only. Two partners in a longstanding lesbian relationship had brought an application in the Pretoria Children's Court jointly to adopt two children. The Judges have, in a number of cases, struck down or adjusted legislation that violates the constitutional right to equality.
Some observers note that the risk of prosecution in some places is minimal. Mozambique and the Seychelles have also scrapped anti-homosexuality laws in recent years. During the days-long debate, the deputy parliamentary leader of the governing party, Alexander Afenyo-Markin, suggested further changes.
Just as this section specifically mentions race and ethnicity in response to South Africa's past, sexual orientation is included because of the injustices gay and lesbian people have suffered. Open Call Amnesty International is calling on African states and governments to publicly acknowledge and protect the human rights of all people equally without discrimination. Rather, the relevant part of section 9 of the Constitution, entitled "Equality", states that:.
These offences - which did not constitute reasonable or justifiable limitations on the rights of gay men to equality, dignity and privacy - were unconstitutional and invalid. The High Court declared the section unconstitutional on the grounds that it unfairly discriminated on the basis of sexual orientation.
Gay sex is already against the law in Ghana - it carries a three-year prison sentence. Out of the 53 countries in the Commonwealth - a loose association of countries most of them former British colonies - 29 have laws that criminalise homosexuality. Employment Equity Act of This legislation, which came into effect on 9 August , prohibits unfair discrimination on grounds of race, gender, sex, pregnancy and marital status, among other things.
Some countries, including several in Africa, have recently moved to decriminalise same-sex unions and improve rights for LGBTQ people.
Police shut the centre following public protests, and pressure from religious bodies and traditional leaders in the largely Christian nation. Section 8 2 , which says a provision of the Bill of Rights binds a natural or a juristic person if applicable, is also relevant here. It is crucial to acknowledge that these challenges faced by LGBTI people in Africa extend beyond the realm of legality, encompassing a profound struggle for the hearts and minds of societies.
Since , Parliament has passed a lot of new legislation that deals with labour issues. The Constitutional Court had to confirm an order that the existence of this common-law offence was unconstitutional and invalid - as were references to sodomy in three statutes. It ordered that sections 8 and 9 be read as according benefits not only to spouses of judges but also to permanent same-sex life partners of judges where reciprocal duties of support had been undertaken.
So far, 33 countries in the world recognise same-sex marriages, and 34 others provide for some partnership recognition for same-sex couples, Ilga says. Such employers need to prepare employment equity plans. Gays and lesbians are protected by the inclusion of sexual orientation as one of the listed grounds on which unfair discrimination may not take place.
The notion of a bill of rights for South Africa can be traced back to an ANC document in the early s. Read more from Reality Check. But their explicit mentioning gives our Bill of Rights a special place in the world: South Africa was the first country to enshrine gay rights in its Constitution and, in so doing, provide its citizens with constitutional protection from discrimination on the basis of their sexual orientation.
He previously said that he would do so if the majority of Ghanaians want him to. In May , the high court in Kenya upheld laws criminalising homosexual acts. It says the death penalty is the legally prescribed punishment for same-sex sexual acts in Brunei, Iran, Mauritania, Saudi Arabia, Yemen and in some northern states of Nigeria. In Zambia, there has been a noticeable and concerning increase in homophobic sentiment.
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