Nearly half of the countries worldwide where homosexuality is outlawed are in Africa, according to a 2020 global review by the International Lesbian, Gay, Bisexual, Trans, and Intersex Association (ILGA). In fact, out of the 54 African states, only 22 of them have legalized homosexuality.
Explainer: Are African LGBTQ rights improving? | The 77 Percent
For the majority of African nations, anti-LGBTQIA+ laws date back to the colonial era. Nevertheless, with a growing number of countries in Africa legalizing same-sex relationships, there has been a glimmer of hope on the continent in recent years. It's important to remember that legalizing same-sex relationships is only the first step, and that even once same-sex relationships are legalized, LGBTQIA+ communities can still face oppression, discrimination, and violence.
The legalizing of same-sex relationships is vital for equality, and improves the psychological, physical, and social well-being of LGBTQIA+ communities. Countries that are LGBTQIA+ friendly also tend to see a boost in tourism, with LGBTQIA+ travellers reportedly accounting for around 5-10% of global tourists.
Countries Legalizing Same-Sex Relationships
Here are some of the countries in Africa that have legalized same-sex relationships in the last decade:
- Angola: Angola decriminalized same-sex relationships, after passing a new law that came into effect in February 2021. The new law overturned a ban on same-sex relationships that dates back to when the country was a Portuguese colony; and states that discrimination based on sexual orientation can be punishable by imprisonment of up to two years.
- Botswana: In a landmark moment for the country, Botswana's High Court decriminalized both male and female same-sex relationships in 2019. It replaced a law that had been in place since 1965, when the country was under British rule, which outlaws “carnal knowledge of any person against the order of nature” and was punishable by up to seven years in jail.
- Lesotho: Before the current Penal Code Act, homosexuality was illegal for men, but in 2010 homosexuality was decriminilized entirely. Once the law came into effect, activism work with regards to HIV/AIDS was able to reach more people within the community in order to offer prevention strategies, as Lesotho is one of the countries hardest hit by HIV.
- Seychelles: Seychelles decriminalized “same-sex acts” in May 2016, after lawmakers voted to amend section 151 of the country’s Penal Code Act that referred to sodomy as a felony and made it punishable with up to 14 years in prison. The amendment came just three months after a national address by the nation's President James Michel, saying that his government would introduce a bill to abolish Section 151.
- Mauritius: Mauritius has become the latest African country to decriminalise same-sex relationships, joining a growing list of African countries scrapping such discriminatory colonial-era laws. In October 2023, the country’s supreme court ruled that Section 250 of the Mauritian Penal Code, which criminalised “sodomy”, was discriminatory and unconstitutional.
Map showing LGBT rights in Africa. Source: Wikipedia
Read also: History of African Lesbians
South Africa: A Unique Case
In 2006, South Africa became the first and remains the only African country to legalize same-sex marriage, with a constitution that also protects against discrimination based on sexual orientation. A bill was also introduced in 2018, to criminalize hate crimes and hate speech, and in 2020 South Africa’s President Cyril Ramaphosa passed into law the Civil Union Amendment Act, which prohibits marriage officers from refusing to conduct same-sex marriages. While these developments are a great step forward on paper, in reality the country does still have a long way to go, with hate crimes against the LGBTQIA+ community still prevalent.
South Africa is considered to be an LGBTQ+ welcoming destination, especially compared to the rest of Africa. South Africa's three largest cities, Johannesburg, Durban, and Cape Town, are frequently promoted as tourist destinations for LGBTQ people. There are large LGBTQ communities in South Africa's urban areas, including Johannesburg, Cape Town, Durban, Pretoria, Port Elizabeth, East London, Bloemfontein, Nelspruit, Pietermaritzburg, Kimberley, and George. Cape Town definitely holds the LGBTQ+ crown for South Africa.
It holds an annual pride, usually at the end of February, which attracts on average 9,000 visitors. Cape Town Pride is a week of festivals, parties and other events, ending with a parade through the streets of Cape Town. Cape Town also celebrates the MCQP, or Mother City Queer Project carnival in December. Johannesburg Pride is usually held in October, and now spans four days.
However, when it comes to the smaller towns, rural communities and townships, there is a clear difference between the local attitudes towards LGBTQ+ people, and the laws and protection found within the constitution. South Africans can be conservative, and can also be very religious and god-fearing. Homosexuality is frowned upon by many, particularly within the township communities. As such, LGBTQ+ South Africans can and often do face discrimination and homophobia. Violence towards LGBTQ+ people is not unheard of, although this is most often limited to the local township communities. This is not at all likely to impact a tourist’s visit, unless they are to venture into a local community being openly affectionate, which is not recommended.
Zanzibar: Navigating Complexities
The law in Tanzania and Zanzibar is not supportive any behaviour which isn’t heterosexual. Same-sex sexual activity is illegal and carries a lengthy prison sentence - up to life imprisonment. Homosexual behaviour, such as kissing in public places, is not tolerated under the law and could lead to arrest. Equally, same-sex relationships are not recognised by Tanzanian law.
Read also: Culture and Lesbianism in Africa
The LGBT community in Zanzibar and Tanzania has become increasingly marginalised over recent years. The Tanzanian government became less tolerant after the election of President Magufuli in 2015, with politicians voicing the need to protect ‘traditional’ - read heterosexual - values. The following year, in 2016, the Tanzanian government suspended AIDS programs aimed at homosexual men, with the closing of HIV clinics soon after.
Most people in Zanzibar live in small, traditional communities, where conservative attitudes are dominant. Islam is Zanzibar’s dominant religion, and most people in these communities are religious. A recent survey in Tanzania found that 95% of participants felt that homosexual behaviour should not be tolerated in society. As with many other African countries, the subject remains taboo in general conversation.
Public displays of affection and overtly sexual behaviour of any kind are strongly are frowned upon; many locals will consider these as offensive. This is equally as applicable to heterosexual or homosexual displays, and the advice just as relevant in and around Stone Town, as it is in small, rural villages. On the whole, the hotels and lodges that we send travellers to in Zanzibar typically have a fairly mixed, international clientele who come from a wide variety of backgrounds. The staff here are typically very used to this, and we’ve rarely even had any raised eyebrows when we’ve requested rooms to be configured as twins or doubles. It’s been done without fuss or comment. So regardless of a staff member’s personal views, these very seldom impact on our travellers, or causing tensions or offense.
Luxury Gay Travel in Africa
Luxury LGBTQ+ travel to Southern Africa, East Africa, and the Indian Ocean Islands is our forte at The Bespoke African Safari Co. The procedure of traveling to foreign nations as a member of the Lesbian, Gay, Bisexual, Transgender, or Queer (LGBTQ) community is not as simple and easy as it is for cisgendered and straight people. More than half of the 64 nations in the world where being gay is outlawed are located in Africa.
Our African safaris are the epitome of luxury, complete with all the trimmings for the discerning traveler. In addition, your schedule can be adjusted to fit your preferences. Private guides, fly-in safaris, gourmet meals and wines, huge villas, lodges, tents, and even luxury treehouses are all part of our high-end safari packages. Safaris on foot, horseback, or in a vehicle are just a few of the exciting options.
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Here's a quick guide on what to pack for a luxury safari:
- Know if the place you’re traveling to is a malaria zone.
- The weather on safari can be unpredictable, so it’s important to have both warm and cool attire.
- The African sun is really strong, therefore sunscreen is a must.
- In addition to your finest khaki ensemble, your most comfortable shoes, and an umbrella, you should include a hat, sunglasses, insect spray, and a raincoat.
Some of the best destinations for a luxury safari include:
- Kruger National Park: Stay in luxurious private homes, lodges, or tented camps.
- Sabi Sand Private Game Reserve: Envision taking a relaxing outdoor bath as an elephant strolls by in the background.
- Rwanda: Home to some of the world’s most exotic hotels, perfect for the adventurist at heart.
- East Africa: The wilds of East Africa are home to some of the world’s most luxurious hotels.
- Victoria Falls: The incredible variety of five-star hotels in Victoria Falls is another thing that will blow your mind.
The uniqueness of a luxury safari lies in the fact that it combines encounters with exotic wildlife with every modern convenience.
Historical Perspectives
Ancient Egyptian attitudes towards towards homosexuality remain unclear. There are no records condemning or penalising homosexuality, but documents that make reference to sexuality do not clearly reference specific sexual acts. The best-known case of possible homosexuality in ancient Egypt is that of the two high officials Niankhkhnum and Khnumhotep. Both men lived and served under Pharaoh Niuserre during the 5th Dynasty (c. 2494-2345 BC). Both Niankhkhnum and Khnumhotep had wives and children, but were buried together in one mastaba tomb. In this mastaba, several paintings depict the men embracing and touching the tips of their noses together. In ancient Egypt, this gesture typically represented a kiss.
There is well-documented evidence of homosexuality in Northern Africa - particularly from the period of Mamluk rule. Arabic poetry emerging from cosmopolitan regions describes the pleasures of pederastic relationships, including accounts of Christian boys sent from Europe to become sex workers in Egypt. Accounts of early twentieth-century travellers, frequently include accounts of homosexuality in the Siwa Oasis in Egypt.
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