Queer rights in Africa: Fighting against anti-LGBTQI+ laws
By: O.T. Kemi
Content warning: This article discusses extreme violence, discrimination and hate crimes against LGBTQI+ people.
I was barely 10 years old when a same-sex marriage prohibition bill was passed in my country, Nigeria.
This draconian piece of legislation had no direct impact on my life then, but as I have morphed into an adult – specifically, a queer woman – I have come to realise that the bill is a clear infringement on our basic rights.
The Same Sex Marriage (Prohibition) Bill 2011 is so ridiculous because of its vagueness. It not only prohibits same-sex marriage, but it criminalises queer relationships, affinity groups and displays of affection more broadly.
These restrictions have led to the arrest, oppression and extortion of individuals who simply don’t conform to normal societal ideals.
The Nigerian queer community then was enraged when the prohibition bill passed. Several years later – amid several humanitarian efforts and other manners of activism – nothing has been done to repeal this bill.
Over the years, LGBTQI+ rights have come a long way worldwide. It has been fascinating watching the shift in general acceptance and legislation to create safe spaces for queer people all over the world.
However, a dark cloud still looms over the matters of LGBTQI+ individuals in Africa. It is as serious as the possibility of losing your life to religious fanatics and community members for being queer.
Across Africa, there are laws in place that are already oppressive to LGBTQI+ individuals, combined with certain individuals who parade themselves as culture custodians willing to go to any length to put the lives of queer-identifying people in danger. This makes the continent widely unsafe for us.
The laws against LGBTQI+ relationships in Africa are widely draconian.
Recently in Ghana, an anti-LGBTQI+ bill was passed that criminalises anyone for simply identifying as an LGBTQI+ individual. Prior to this, it was only the involvement in queer relationships that stood as a crime.
This bill suggests that the rights of marginalised people in Africa are taking a downward spiral. Several other countries in Africa also impose strict laws against queer individuals. These laws provide legal justification for our persecution, which is simply sickening to think of.
One particular radical act of violence against queer people in African countries is known as Kito. This hate crime involves the luring of a queer person by a perpetrator pretending to be queer, for the purpose of inciting violence against them.
The victim is invited to places under the guise of meeting other queer individuals, and then they are bound, beaten and raped by these hooligans. It is despicable, and unsurprisingly, the police rarely take action against these individuals as a result of the prejudicial laws put in place. There have also been incidents of public lynching of queer individuals in several communities.
The thought of this violence is maddening, but our institutions still fail to hold the perpetrators accountable, and to keep us safe.
We walk around with a target on our backs. We have to exercise an unreasonable amount of caution. It is barbaric for love between two individuals to be unconstitutional.
Aside from the constraints put in place by legislation, there is also the constraint of the social and religious society. Even in African countries with slightly favourable LGBTQI+ legislation in place, queer individuals are still subject to prejudicial and violent behaviours.
South Africa has been recognised as one of the foremost African countries in terms of LGBTQI+ rights, protections and activism – including prominent intersex activist movements – but there is still widespread violence, including murder and other crimes against queer-identifying individuals.
Recently on Twitter, there was a Kito alert. Someone posing as a gay man took to Hinge and lured an unsuspecting individual to his place. On arrival, he beat the person unconscious. The queer community on Nigerian Twitter took to posting the perpetrator’s pictures and warning other people to steer clear of him.
This shows the level of community that queer individuals have created. It also shows the dysfunction of the justice system here – instead of reporting to the appropriate law enforcement agencies, we have to take matters into our own hands to protect ourselves.
In Africa, bigots often try to justify their actions by suggesting that LGBTQI+ relationships and identities are an inherently Western concept. This is a ridiculous argument, and an obvious effect of mental conditioning by the religious colonisers.
It says a lot about the continent that corruption and hunger are widespread, but the masses decide to concern themselves with inciting violence against queer individuals.
Another notable challenge in Africa is the lack of access to proper healthcare. However, queer individuals have it worse, as we are discriminated against by healthcare professionals. This has a detrimental effect on both our physical and mental health, leading to health epidemics and subsequent casualties.
There have been several protests against these ironclad anti-LGBTQI+ laws by citizens of all affected countries, and it is important to history that this is spoken about.
When the Anti-Homosexuality Act 2023 – known as “one of the toughest pieces of anti-gay legislation in Africa” – was passed by the Ugandan Parliament, individuals across the continent took to the streets to protest this legislation.
Queer activists around the continent recognised this bill as a serious emergency – legislation like this could lead to the incarceration of many people. It is necessary to acknowledge the efforts of activists working to better the living conditions of queer individuals on the African continent.
Despite these unfavourable conditions, we, queer Africans, have remained resilient. Our community is known for our inclusion and our ability to create safe spaces for people of all calibres. There exist platforms that provide information, prioritising the safety of queer individuals and sharing sustainable resources to promote safe living.
It is imperative to commend the activities of certain LGBTQI+ non-governmental organisations and groups doing work to facilitate better conditions for queer individuals. An example of such is the African Queer Youth Initiative, which helps to foster and make audible the voices of queer youths in the continent.
As a young queer woman in Nigeria, I look forward to a time when I don’t have to live in the shadows when loving who I want is not criminalised and when I can be free to exist as I choose. This future is possible, and it’s promising.