African LGBT Rights Violations

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Human Rights Violations of the African LGBT Community:
The Foundations for Anti-Gay Legislation in Nigeria and Uganda
Jacquelynn Ayton
GST 6740: Human Rights
June 24, 2015
Abstract
The Lesbian, Gay, Bisexual, Transgender (LGBT) community is one of the most
discriminated groups in the world today, especially within the African continent. Due to the
religious, cultural, and political climate of Africa, anti-LGBT legislation has been passed in
several African countries. This paper addresses anti-LGBT legislation in Africa and is divided
into four parts. The first part will discuss the literature on the religious, cultural, and political
reasons for anti-gay legislation in Africa. Part two focuses on the anti-gay legislation of
Nigeria and Uganda, highlighting the reasons for the creation and passage of the Same Sex
Marriage (Prohibition) Act and the Anti-Homosexuality Bill, respectively. The third part is an
analysis of the case studies and discussion of the international response to the bills and what
can be done to protect the human rights of the LGBT community. The fourth and final part is
the conclusion, which summarizes the arguments presented in the paper.

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The LGBT Community: Second Class Citizens
The Lesbian, Gay, Bisexual, Transgender (LGBT)1 community is one of the most
discriminated groups in the world today.2 They are regularly denied basic human rights,
ranging from the right to equality and freedom from discrimination, to the freedom from
torture and right to life.3 This denial of basic human rights for LGBT people is seen
throughout the world, and legislation throughout Africa is furthering the violation of rights.
Such legislation is the result of the religious, cultural, and political climate of Africa.
It is important for the international community to address the human rights violations
occurring in Africa, because the systemic homophobia within Africa will not allow for
internal correction of these violations. Strong rhetoric chastising offending countries has
proven to be not enough.4 The only way that the LGBT community will achieve human rights
worldwide is for the West to impose sanctions on countries that contravene basic human
rights.
This paper is divided into four parts. The first part will discuss the literature on the
religious, cultural, and political reasons for anti-gay legislation in Africa. Part two focuses on
the anti-gay legislation of Nigeria and Uganda, highlighting the reasons for the creation and
passage of the Same Sex Marriage (Prohibition) Act and the Anti-Homosexuality Bill,
respectively. The third part is an analysis of the case studies and discussion of the
international response to the bills and what can be done to protect the human rights of the
LGBT community. The fourth and final part is the conclusion, which summarizes the
arguments presented in the paper.
1 For the purposes of this paper, the terms LGBT, gay, and homosexual will beused interchangeably,and the
identities of “Queer” and “Intersexed” should be understood
2 Marks,33
3 Ibid
4 Englander, 1285

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Literature on Religious, Cultural, and Political Reasons for Homophobic Legislation
Worldwide, there are 76 countries that criminalize homosexuality,5 with 36 of those
countries being in Africa.6 Furthermore, several African nations including Ghana, The
Democratic Republic of the Congo, Kenya, and Tanzania are seeking to pass stricter anti-gay
legislation, to follow suit with Nigeria and Uganda.7 The reasons for homophobic legislation
in Africa are manifold, ranging from radical religious belief,8 to systemic homophobia,9 to
political distractions,10 but overall it would seem to be a much more complex combination of
reasons as opposed to one simple response.11
Englander suggests that Sharia and Evangelical Christianity are the main culprits for
the anti-homosexuality legislation prevalent throughout Africa.12 Religion is even often used
in more liberal societies to bolster anti-homosexual sentiment13 and American evangelical
Christians have exported homophobia to Africa, claiming that homosexuality is a disease that
can and should be cured.14 African church groups say that homosexuality tears at the “fabric
of society”.15 Though as prominent as religion has been in anti-gay legislation, Adamczyk and
Pitt suggest that cultural context must also be taken into account.16
5 Makofane, et. al.,186
6 Englander, 1268
8 Englander, 1294
9 Dicklitch,et. al.,450; Roehr, 1166
11 Sandgrove, et. al.,126
12 p. 1295
13 Dicklitch,et. al.,454
14 Roehr, 1166
15 “Nigeria gay activists speak out”
16 p. 338

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In the majority of Africa, the general belief is that homosexuality is “un-African”17
and contradicts the core family values.18 Family has such a strong pull in Africa, as explained
by Zambian pastor Kapya Kaoma:
They (American evangelicals) didn't know that when you speak about destroying the
family to Africans, the response is a genocide . . . . The moment you speak about the
family, you speak about the tribe, you speak about the future. Africans will fight to the
death. When you speak like that, you invite the wrath.19
South Africa is an exception as it is the only country on the African continent to have
protections for LGBT individuals.20 That being said, there have still been attacks on
homosexuals in South Africa despite legal protections,21 and South Africa is often viewed as
being more “white” or “European”22 and would therefore not be included in African culture.
Generally, going against the LGBT community is viewed as being as much a part of African
culture as supporting the LGBT community is viewed as being part of Western culture.23
However, anti-gay legislation often takes advantage of this homophobic sentiment and acts as
a political means of distraction from more serious issues.24
Makofane, et. al. explain that over the course of the five years that it took to pass the
Anti-Homosexuality Bill in Uganda, discussion of the bill only took place when there were
other political controversies occurring.25 A similar situation happened in Nigeria,26 leading
Nigerian activist Damian Ugwu to write, “(f)or now, it seems that the only thing these leaders
17 Dicklitch,et. al.,455; Englander, 1264
18 Strand, 920; Sadgrove, et. al.107; Anderson, 1588; “Nigeria gay activistsspeak out”
19 As quoted in Englander, 1272
20 Makofane, et. al.187; Dicklitch,et. al.,449
21 Marks,38
22 Roehr, 1168
23 “Bishops condemn Nigerian laws”
25 p. 187-188

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can agree on…is their love of football and their hatred of homosexuality”.27 While there is a
compelling argument to be made that anti-gay legislation is simply a political ruse, the issue
of homophobia in Africa is often oversimplified.28 The situation in Africa is a much more
complex combination of religion, culture, and politics.
Sadgrove, et. al. argue that the homophobic rhetoric on the rise in Uganda is a result of
both a desire to protect the moral fiber of the African family29 and the manipulation of
politicians hoping to use anti-gay discourse as a way to distract the people from real issues.30
These anti-gay attitudes are promoted by the media31 and also by various church leaders.32
Another complexity is the desire to resist what is sometimes viewed as the social imperialism
of LGBT advocacy by the West.33 In summary, the driving factor for anti-gay legislation in
Africa is a complex mixture of religious fanaticism, cultural salvation, and political
opportunism.
Case Studies: Anti-gay Legislation in Nigeria and Uganda
Same Sex Marriage (Prohibition) Act
On January 7, 2014, the Same Sex Marriage (Prohibition) Act was enacted in
Nigeria.34 Under the law, anyone who enters into a same-sex relationship can face 14 years in
prison and anyone who “supports the registration, operation and sustenance of gay clubs,
societies, organizations, processions or meetings in Nigeria” could get a 10 year prison
27 As quoted in Makofane, et. al.,190
28 Sadgrove, et. al.,105
29 Ibid,106
30 Ibid,125
31 Ibid,105; Englander 1273
32 Ibid,107
33 Ibid,107; Anderson, 1601

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sentence.35 Additionally, as parts of Nigeria are also subject to Sharia, Muslims convicted of
homosexuality could receive death by stoning.36
Since Nigeria is a Muslim country,37 it is no surprise that it has strict anti-gay laws due
to the fact that the five countries worldwide that impose the death penalty for homosexuality –
Iran, Mauritania, Saudi Arabia, Sudan, and Yemen – do so based on Islam’s Sharia.38 With 20
percent of the Anglican community living in Nigeria,39 there is also a large Christian
population, and they have voiced anti-gay rhetoric.40 Since Muslim-Christian relations are
vital in Nigeria, the Nigerian Anglican community sought to distance itself from what they
saw as the Western church’s lenient views on homosexuality.41
Yet religion was not the only factor in the passage of this law. In the wake of security
concerns, such as sectarian violence and attacks by Boko Haram, the anti-gay legislation
served as a convenient distraction for the Nigerian people.42 Since the government was unable
to deliver on promises concerning health care, education, and improved infrastructure,43 the
way of appeasing the public was offering up the LGBT community. Thus a combination of
religious norms and political deception created an environment for the passage of anti-gay
legislation in Nigeria.
The Anti-Homosexuality Bill
In 2009, Ugandan MP Bahati introduced the Anti-Homosexuality Bill, which was
eventually signed into law by President Museveni in February 2014.44 Dubbed the “Kill the
36 Ibid
37 Adamczyk and Pitt, 347
38 Englander, 1278
39 Anderson, 1590
40 Englander, 1295
41 Anderson, 1591
43 Ibid
44 Ibid,187

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Gays Bill” by media outlets, the bill originally called for the death penalty45 for the crime of
“aggravated homosexuality”.46 In the final version, homosexuality and “aggravated
homosexuality” were both given the penalty of life imprisonment, while aiding and abetting
homosexuality or conspiracy to engage in homosexuality each received penalties of seven
years in jail.47
Historically speaking, the anti-gay sentiment predominant throughout Uganda is
actually a holdover from colonialism.48 Anti-LGBT provisions originally came into effect
under British colonial rule, and have their foundation in the Indian Penal Code,49 with further
criminalization being introduced with the implementation of the Queensland Penal Code.50
However, the colonialist ideas were adopted by the native population, and in post-colonial
Uganda, homosexuality is now seen to be inherently “un-African” as well as a Western
import.51
Another Western import is the evangelical Christianity espoused by people such as
Scott Lively, Caleb Lee Brundidge, and Don Schmierer, who claim that homosexuals are a
threat to society.52 In March 2009, these three men held a workshop in Kampala and discussed
the evils of homosexuality,53 adding fuel to the homophobic fire in Uganda. Yet it is not only
the evangelical Christians who oppose homosexuality in Uganda. Anglican Archbishop Henri
45 Strand, 917
46 The Anti-homosexuality Act 2014,Part 2.3: Aggravated homosexuality.(1) A person commits the offence of
aggravated homosexuality where the – (a) person againstwhom the offence is committed is belowthe age of
eighteen years;(b) offender is a person livingwith HIV; (c) offender is a parent or guardian of the person
againstwhom the offence is committed; (d) offender is a person in authority over the person againstwhom the
offence is committed; (e) victimof offence is a person with disability;(f) offender is a serial offender; or (g)
offender applies,administers or causes to be used by any man or woman any drug, matter or thing with intent
to stupefy or overpower him or her so as to enable any person to have unlawful carnal connection with any
person of the same sex – taken from “President Museveni signs anti-gay bill into law”
47 “President Museveni signs anti-gay bill into law”
48 Englander, 1269
49 Ibid
50 Ibid
51 Ibid,1268
52 Ibid,1272
53 Dicklitch,et. al.,456

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Orombi has been very outspoken against homosexuality,54 and the contrast between the
accepting views of the LGBT community of the global North with the homophobic views of
the global South has led Orombi to suggest a split in the church.55
Homophobia in Uganda is so deep-rooted that even Ugandan social workers, who
traditionally lead the fight to combat homophobia in other parts of the world,56 have come
forward to discredit the American Psychological Association for declassifying homosexuality
as a disease.57 Additionally, just as in Nigeria, the strong homophobic sentiment of the public
has been utilized by politicians to distract the public from more pressing issues and during
times of controversy.58 In Uganda, the combination of culture, religion, and politics is a recipe
for anti-gay legislation.
Analysis and Discussion: Why Anti-LGBT Legislation Exists and What to Do About It
Reasons for anti-LGBT legislation in Africa
Religion, culture, and politics all have a part to play in the creation and passage of
anti-LGBT laws in Africa. The religion angle is incredibly complex as it can be used on both
sides of the argument.59 Although there are plenty of vocal advocates against LGBT inclusion
in the name of religion, such as Ugandan Archbishop Orombi, there are others who would
argue that religion should be used to promote human rights for all, including those in the
LGBT community. The American Episcopal Church has even consecrated a partnered gay
bishop,60 thus proving that religion does have a place for LGBT equality. However, it should
54 Sadgrove, et. al.112
55 Anderson, 1592
56 Roehr, 1166
57 Ibid
59 Englander, 1295
60 Anderson, 1591

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be noted that this act by the American Episcopal Church caused major backlash in African
sister churches.61
Culturally, there is some irony in the fact that what is now deemed by many Africans
as being “un-African” is in fact a colonial construct. The cultural argument of today is that the
West is responsible for introducing the morally abject homosexuality to Africa, while history
proves that the West actually brought in the laws against homosexuality.62 In a strange turn of
events, Britain has reversed its anti-LGBT position that was originally imposed on Uganda
and other colonies under British colonial rule. It would seem that colonial imposed
homophobia has become so ingrained in the culture that the only way to reverse it is with
what some would call cultural imperialism.63 This is to say that the West must step in to
defend LGBT human rights.
However, Western intervention could be used to the advantage of African political
leaders. Ugandan President Museveni has made it clear that the anti-gay legislation is
something he is willing to defend against the West,64 which would show him as a strong and
admirable leader in a homophobic Uganda. Seeing as anti-gay rhetoric in Africa is often a
political ploy used by the government to distract the public, Western intervention would most
likely be met with resistance not only from politicians, but also from the populous.
Response to anti-LGBT legislation in Africa
The United Nations (UN) has made clear its stance on the protection of sexual
minorities. In 1994, the UN Human Rights Committee heard the case of Toonen v. Australia
and found that under the International Covenant on Civil and Political Rights (ICCPR),
61 Anderson, 1591
62 Englander, 1268
63 Sadgrove, et. al.,108
64 “President Museveni signs anti-gay bill into law”

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criminalization of homosexuality was a violation of human rights.65 Since 1999, the UN has
included ‘sexual orientation’ for investigations into killings on discriminatory grounds, and on
December 28, 2010, the UN reaffirmed this protection of ‘sexual orientation’.66 Additionally,
under the UN Universal Periodic Reviews, discriminatory policies against the LGBT
community are often chastised67.
In spite of the inclusionary language of the UN, there are still no binding international
norms for the protection of the LGBT community.68 While there are NGOs and INGOs that
have spoken out against the criminalization of homosexuality,69 homophobia has become so
entrenched in African society that it will take more than strong rhetoric to protect the human
rights of the LGBT community. At this juncture, economic sanctions should be imposed,
which history has proved work to take down despotic regimes.70 Despite the threats of
President Museveni, the West should battle against anti-gay legislation. In the end, the
Universal Declaration of Human Rights is meant to be universal, and as long as there is a
whole group of people being denied their basic human rights, the UDHR is just a declaration
of empty words.
Conclusion: The Protection of LGBT Rights in a Homophobic Society
With the onslaught of anti-LGBT legislation popping up throughout Africa, this paper
sought to address the reasons behind the creation of such legislation. Based on the research,
religious fanaticism, cultural indoctrination, and political games create an environment for
homophobic legislation. Recognizing that the LGBT community are having their human
65 Englander, 1286
66 Anderson, 1598
67 Englander, 1286
68 Ibid,1285
69 Strand, 920
70 Roehr, 1167

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rights violated with such legislation, it is the responsibility of the international community to
intervene when such violations occur.
This paper used Nigeria and Uganda as two examples of anti-gay legislation in Africa.
In both countries, religious groups, both domestic and international, with strong beliefs
against homosexuality have promoted the idea that the LGBT community is undeserving of
equal treatment. Additionally, it has been suggested that homosexuality is “un-African” and
threatens the very definition of “African-ness”. This mind set has been utilized by politicians
for the promotion of homophobic legislation. Discrimination against the LGBT community is
seen as something the vast majority of African society supports, and therefore political leaders
can use this type of legislation as a diversion from other political issues.
Although there has been strong rhetoric from international bodies such as the UN
concerning the protection of LGBT rights, there has been great backlash against these rights
throughout Africa and Asia.71 There comes a point when words are not enough, and
concerning the protection of the LGBT community in Africa, now is the time that the
international community must take action. Human rights violations cannot be tolerated, and
respecting every human’s right to life is not simply a cultural norm imposed by Western
imperialists. Every person should be guaranteed the right to life, regardless of sexual
orientation or geographical location.
References
Adamczyk, Amy and Cassady Pitt. 2009. “Shaping attitudes about homosexuality: The role of
religion and cultural context.” Social Science Research (January): 338-351.
Anderson, John. 2011. “Conservative Christianity, the Global South and the Battle Over
Sexual Orientation.” Third World Quarterly (October): 1589-1605.
http://dx.doi.org/10.1080/01436597.2011.618648
71 Anderson, 1600

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“Bishops condemn Nigerian laws on homosexuals' human rights: motion criticizes church for
its support.” 2006. Anglican Journal (June): 3.
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Human Rights Quarterly (May): 448-471.
http://muse.jhu.edu/journals/hrq/summary/v034/34.2.dicklitch.html
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International Law Review Vol. 25: 1263-1316
Makofane, Keletso, Jack Beck, Micah Lubensky, and George Ayala. 2014. “Homophobic
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http://www.jstor.org/stable/4065388
“Nigeria gay activists speak out.” 2009. BBC News (March).
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into-law.html
Roehr, Bob. 2010. “Homophobia and Africa’s HIV epidemic”. BMJ: British Medical Journal
(May): 1166-1168. http://www.jstor.org/stable/40702157
Sadgrove, Joanna, Robert M. Vanderbeck, Johan Andersson, Gill Valentine, and Kevin
Ward. 2012. “Morality plays and money matters: towards a situated understanding of
the politics of homosexuality in Uganda.” The Journal of Modern African Studies
(March): 103-129. http://journals.cambridge.org/abstract_S0022278X11000620
Strand, Cecilia. 2011. “Kill Bill! Ugandan Human Rights organizations’ attempts to influence
the media’s coverage of the Anti-Homosexuality Bill.” Culture, Health & Sexuality:
An International Journal for Research, Intervention and Care (June): 917-931.
http://www.tandfonline.com/loi/tchs20

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