Abstract

Same-sex relations are illegal in thirty-two African countries. In some of those countries, offenders are punishable by death. This contribution provides a historical overview of the legislative measures aimed at the criminalisation of same-sex relations in selected African countries, namely Uganda, Kenya, Nigeria, Botswana and South Africa, and examines its correlation with human rights protection and the rule of law. The legislative measures adopted in these countries originated with colonial influences that introduced anti-same-sex laws there during the nineteenth and twentieth centuries. The remnants of these colonial-era laws have persisted, shaping the legal landscape and societal attitudes towards LGBTQIA+ communities. Some countries have upheld and reinforced existing laws, often invoking cultural or religious values to justify the criminalisation. Others have made strides towards decriminalisation or have taken steps to protect the rights of LGBTQIA+ individuals, reflecting a dynamic interplay between tradition, human rights and legal development. The study also looks at the state of human rights and the rule of law in these countries. The correlation between anti-LGBTQIA+ legislation, human rights and the rule of law then becomes a focal point, emphasising the poor record of human rights protection in countries that have criminalised same-sex relations as opposed to countries that have decriminalised such relations. Ultimately, this contribution offers critical insight into the evolving legal landscapes of the selected African countries regarding same-sex relations. It underscores the relationship between anti-LGBTQIA+ laws, human rights and the rule of law.