In 2010, the now defunct Ugandan newspaper Rolling Stone identified homosexuals and called for them to be executed (Picture: AP)

Homosexuality is already outlawed in 38 African countries, say gay rights campaigners.

Yet an increasing number of nations in the continent are pursuing further legalisation to criminalise lesbian, gay, bisexual, transgender and intersex (LGBTI) people.

‘We’re seeing a variety of countries where there is an increasing trend towards further criminalising homosexuality,’ said Emily Gray, researcher on sexual orientation and gender identity at Amnesty International.

‘Nigeria and Liberia are seeking even worse penalties than already exist.’

Earlier this year, Uganda re-introduced a bill that seeks to broaden the penalties for homosexual acts, which are already illegal there.

Last week, the east African country’s parliament closed for recess before the bill could be passed, but activists worry that it will return to the agenda next year.



First issued in 2009, the bill widely became known as the ‘kill the gays’ bill, referring to one of the clauses proposing death for offences such as ‘aggravated homosexuality’.

In an incident that shocked the world, gay rights activist David Kato was murdered in Uganda in January last year, shortly after winning a legal battle against a now defunct newspaper which identified him as gay and called for him to be put to death.

This week, Uganda’s president, Yoweri Museveni, said gay people should not be persecuted or killed, but he also stated that homosexuality should not be promoted.

The Ugandan government has claimed that the death penalty provision had been removed from the bill, but key members of activist group, Sexual Minorities Uganda (SMUG), dispute this.

Pepe Julian Onziema, director of programmes at SMUG, where Mr Kato was an advocacy officer, is concerned about the wider implications of this bill.

‘It doesn’t just target gays and lesbians’, he said. ‘It will affect my parents, friends, and anybody I interact with because the law also criminalises those who fail to report homosexuals.’

Ms Gray said: ‘The bill not only has an oppressive effect on LGBTI Ugandans but also councillors, religious leaders and those providing health services. If they are aware of someone who is LGBTI, then they will be in breach of the law by not reporting them.’

In west Africa, Nigeria already has a law which states that homosexual men can face up to 14 years in jail for sexual activity.

In some parts of the country which have implemented Sharia law, gay and lesbian people can face the death penalty.

Now the Same Sex Marriage (Prohibition) Bill, which aims to further ban same-sex unions, has passed the second reading and could become law in weeks.

Renato Sabbadini, secretary general of umbrella group, the International Lesbian and Gay Association (ILGA), believes external forces are to blame for the increased hostility towards LGBTI people.

‘What we’re seeing is that this surge of homophobia is being encouraged by an active influence of foreign sources and I’m mainly referring to Pentecostal churches in the US,’ he said.

‘These evangelists are finding that homophobia is a sort of visiting card which will aid in getting more people to convert to their own version of Christianity.’



Ms Gray said that although Amnesty feels governments must take responsibility for and protect their own citizens, it is hard to deny the religious connection.

‘We have noticed that the religious right, particularly from America, has had a big impact on the levels of homophobia and incidences of intimidation and violence,’ she said.

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In March 2009, American evangelist Scott Lively met key members of Ugandan society to teach against what he describes as ‘the gay agenda’.

While in the capital, Kampala, he wrote a report for a website linked to his ministry, in which he stated: ‘The international “gay” movement has devoted a lot of resources to transforming the moral culture from a marriage-based one to one that embraces sexual anarchy.’

The Anti-Homosexuality Bill was submitted by member of parliament David Bahati a few months later.

In March this year, SMUG filed a federal lawsuit in the US against Mr Lively for inciting violence against the gay Ugandan population. Mr Onziema says that while homosexuality is not accepted in public society, he’s convinced that religious leaders are to blame for the increased aggression towards gay and lesbians in the country.

Yemisi Ilesanmi is co-ordinator of Nigerian LGBTI campaign group, Nigerian LGBTIs in the Diaspora Against Anti-Same-Sex Laws (NLDAASSL).

She said politicians in Nigeria and other African nations need to separate religion from the State.

She said: ‘Some of us are not religious. The fact that these lawmakers are using their power to present a bill that discriminates against me because of their own religious beliefs goes against everything democratic values stand for.


‘We shouldn’t relax because Uganda has not passed their bill through this year because they will try again. International pressure is so important because governments here take no notice of their local activists.’

South Africa should tell a different story. It not only has laws prohibiting discrimination against LBGTIs, but is in a minority of countries worldwide which also recognises gay marriage.

However, campaigners are concerned that despite a progressive constitution, there are increasing incidences of aggression towards the LGBTI community, including cases of ‘corrective rape’ – where men force lesbians into sex, in the belief that it will change their sexual orientation.

Mr Sabbadini argues that after a law is put in place it takes time before a population changes accordingly.

‘You saw the same pattern in Brazil and Europe. The Netherlands, which was the first country in the world to legalise same-sex marriage, still has issues with aggression towards homosexuals.’

Amnesty International recognises that some countries are producing crucial initiatives by local activists.

‘In Kenya, for example, we are seeing huge progress in self-advocacy over the past ten years and LGBTI people are being included in the right to healthcare services,’ said Ms Gray.

Mr Sabbadini said: ‘We need to look at countries that in recent years, in the UN, voted in favour of resolutions working towards an end of discrimination based on sexual orientation. I’m referring to the Central Republic of Africa and Rwanda. This is a signal that these countries are aware that homophobia is nothing to be proud of on the international scene.’

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