Africa’s anti-gay laws have their genesis in colonialism — Opinion

The historical origins of anti-sodomy laws in Africa are deeply rooted in the colonial era, when European powers imposed their legal and moral frameworks on the continent. Prior to colonisation, many African societies had diverse attitudes toward same-sex relations, with some cultures even accepting or integrating such practices into their social norms. However, the arrival of colonial powers, particularly from Britain, France, and Portugal, brought with it Victorian-era moralities that criminalised same-sex acts. These colonial powers introduced laws that explicitly banned "unnatural offences" or "sodomy," often modelled after Section 377 of the British penal code enacted in 1861. This legislation became the template for anti-sodomy laws across British colonies in Africa as well as India, including countries like Nigeria, Kenya, and Uganda.

The imposition of these laws was not merely legal but also ideological; colonial authorities sought to justify their dominance by portraying African cultures as "primitive" and in need of "civilisation." By criminalising same-sex relations, colonisers framed themselves as moral guardians, erasing indigenous practices and stigmatising LGBTQ+ identities. For instance, in pre-colonial Buganda (present-day Uganda), same-sex relationships among men were recognised. British colonial administrators labelled these practices as "deviant,” punishable by law. This pattern repeated across the continent, where colonial laws were used to enforce a heteronormative agenda that aligned with European Christian values.

French and Portuguese colonies also experienced the imposition of similar laws, though often under different legal terminologies. In French-speaking Africa, the Napoleonic Code criminalised "indecent acts" or "acts against nature," which were broadly interpreted to include same-sex relations. In Portuguese colonies, such as Mozambique and Angola, laws inherited from the Portuguese penal code similarly targeted LGBTQ+ individuals. These laws were not only punitive but also served to reinforce colonial control by disrupting local social structures and imposing foreign moral standards.

Today, 31 of Africa’s 54 countries criminalise same-sex relations, a figure reinforced by Burkina Faso’s new law enacted last month. Public opinion surveys underscore the social context for these laws: across 39 African countries surveyed by Afrobarometer, only 24% of respondents expressed comfort living next door to someone in a same-sex relationship. In nations such as Uganda and Ghana, the figures are far lower, with 94% and 89% respectively, reporting discomfort or disapproval.

Political leaders find it difficult to ignore such statistics when drafting policies on the issue. Such measures reflect deeply held domestic values rather than mere state coercion, making LGBTQ rights a flashpoint where law, culture, and politics intersect.

Given the widespread social rejection of homosexuality across much of the continent, other nations may follow suit.

Law, culture, and politics intersect 

In 2015, then Zimbabwean President Robert Mugabe strongly criticised the “politicisation of this important issue” and declared: “We equally reject attempts to prescribe ‘new rights’ that are contrary to our values, norms, traditions, and beliefs. We are not gays! Cooperation and respect for each other will advance the cause of human rights worldwide. Confrontation, vilification, and double-standards will not.”

His words reflect attitudes that have long persisted across the continent, translating into restrictive laws. These laws often reflect not only expressions of sovereignty and moral authenticity; they mirror colonial-era penal codes once imposed by European colonial powers.

From a religious perspective, opposition to homosexuality among faith leaders -- Christian and Muslim -- is not merely political posturing; rather, it reflects deeply held theological convictions. Reverend Enoch Adeboye of Nigeria’s Redeemed Christian Church of God has stated, “Same-sex marriage cannot be allowed on moral and religious grounds. The Muslim religion forbids it. Christianity forbids it, and the African traditional religion forbids it.”

Similarly, Sheikh Ahmed El-Tayeb, the Grand Imam of Al-Azhar, has condemned calls to legalise homosexuality, describing them as a “dangerous” trend that contradicts Islamic teachings. While some politicians draw on this moral authority to advance their own agendas, this should not always be seen as cynical exploitation; many genuinely share the religious and cultural worldview of their societies. Ultimately, Africa’s stance on LGBTQ rights is shaped by a complex interplay of legal, moral, religious, and cultural factors.

External influence

Western governments and international organisations increasingly tie economic assistance, trade, and political engagement to recognising LGBTQ rights, framing them as universal human rights. Yet, such pressure has often produced the opposite effect in Africa. Leaders view these demands as neo-colonial interference, reinforcing the idea that the West still seeks to impose its own social values.

In Malawi, aid from some Western partners has already been reduced due to anti-LGBT legislation, illustrating the tangible stakes of such conditionality. And in 2023, Kenya’s president criticised a court ruling that LGBTQ can be registered as a civil organisation. He asserted, “our culture and religion do not allow same-sex marriages”; The Kenyan penal code criminalises same-sex relationships.

Western actors view “conditionality” as a moral responsibility; African leaders see it as an imposition of foreign values – a contradistinction that deepens resistance rather than fostering dialogue. Promoting homosexual rights in Africa is not only a legal or political challenge – it is also a question of reconciling competing cultural, historical, and moral frameworks.

The legacy of colonial laws

History is often filled with irony. The British Empire that once exported anti-sodomy laws to its colonies now attempts to coerce their repeal. Former British Prime Minister David Cameron had linked UK aid to human-rights reforms, warning that countries criminalising homosexuality could face cuts in British assistance.

The very laws denounced were born of British imperial rule and moral codes; yet, no British leader has issued an outright apology for colonialism’s deep cultural harm inflicted by its moral policing. This selective morality continues to fuel resentment across Africa.

Throughout Africa, Western efforts to have rescinded the laws (and orientation) they first imposed upon the African populace yield — at best -- inconsistent and often unintended results. There is resistance from some states, adaptation in others, and scepticism (often tinged with contempt) everywhere towards external, foreign intervention. The intersection of historical, cultural, religious, and certainly geopolitical factors places African policymakers in the position of negotiating a complex landscape. External admonitions -- cloaked as “incentives” – confront deeply ingrained domestic views and cultural traditions, affording Western powers only limited leverage and unforeseen consequences in their efforts to promote LGBTQ rights.

The opinions and thoughts expressed in this article reflect only the author's views.

Dr. Wolf is director of The Fulcrum Institute, a new organisation of current and former scholars, which engages in research and commentary, focusing on political and cultural issues on both sides of the Atlantic. Our interest is in American foreign policy as it relates to the economic and foreign policies of the NATO countries, the SCO, the BRICS+ nation-states and the Middle East.

After service in the USAF (Lt.Col.-Intel) Dr. Wolf obtained a PhD-philosophy (University of Wales), MA-philosophy (University of S. Africa), MTh-philosophical theology (Texas Christian University-Brite Div.). He taught philosophy, humanities and theology in the US and S. Africa before retiring from university.