Across West Africa, a concerning trend is emerging: a growing number of countries are either implementing or strengthening anti-LGBTQ+ laws, driven by local political pressures and a global pushback against LGBTQ+ rights. This legislative wave, marked by harsher penalties and broader criminalization, is having devastating consequences for the region's LGBTQ+ communities, according to activists and rights organizations.
Senegal and Niger: Recent Legal Changes
In March, Senegal doubled the maximum prison sentence for gay sex to 10 years and criminalized the "promotion" of homosexuality. This move came as a shock to many, given Senegal's reputation as a relatively stable democracy in the region. Just a month earlier, in February, Niger criminalized "sexual relations with a person of the same sex," marking the first time same-sex intimacy had been outlawed in the country. Both countries have seen a rise in anti-LGBTQ+ sentiment, fueled by religious and political rhetoric.
The trend is not limited to these two nations. Mali and Burkina Faso, which shares a border with Niger, also criminalized same-sex relations for the first time within the last two years. Notably, all three countries are currently ruled by military juntas, a factor that activists say is not coincidental.
Ghana's Controversial Bill
In June, Ghana, which already outlaws gay sex, passed a law criminalizing LGBTQ+ "activities." The bill, which has not yet been signed into law by President Nana Akufo-Addo, is the latest iteration of a bill first introduced in 2021. It has sparked widespread concern among human rights groups and the international community, who fear it could lead to further persecution of LGBTQ+ individuals.
Anthony Oluoch, of Pan Africa ILGA, a continental LGBT+ rights campaign group, sees a clear pattern. "What I see in all of them is a political opportunism," he said. In some countries, the new or harsher laws have been backed by religious groups and campaigns for "family values," while in Burkina Faso, whose population is predominantly Muslim, the law was framed as boosting its sovereignty in opposition to the West. "Underneath that all, there's a lot of transnational reinforcement," Oluoch added.
Impact on LGBTQ+ Communities
The impact on the community has been devastating, even before the laws are fully implemented. In Burkina Faso, an activist who could not be named for security reasons said LGBTQ+ people "are the easiest scapegoats to maintain their power." The activist's words ring true: thirteen transgender women were detained without trial from June to November last year, according to an HIV worker. The women reported being beaten by a military unit that imprisoned them. After the law was passed, there have been at least two sets of convictions.
The HIV worker, who fled Burkina Faso in May after being named by someone who had been arrested, described how police are entrapping LGBTQ+ people on social media and demanding they denounce other community members. "They are using social media to lure people, and then they arrest them," he said, adding that the situation has become untenable for many.
Transnational Influence and the African Charter
The influence of international conservative groups is also evident. Despite military president Ibrahim Traoré's anti-Western rhetoric, Burkina Faso has caught the eye of anti-LGBTQ+ campaigners, including conservative Western Christian groups. The African Inter-Parliamentary Conference on Family Values and Sovereignty, a forum that many argue has influenced anti-LGBTQ+ laws on the continent, will be held in Burkina Faso and then Eswatini (formerly Swaziland) next year, it was announced this year. The first three conferences were held annually in Uganda, beginning in 2023, the same year Uganda imposed the death penalty for some same-sex sexual acts.
According to US-based international reproductive rights organisation Ipas, the annual gatherings are supported by Family Watch International (FWI), an Arizona-based Christian campaign group that opposes abortion and comprehensive sex education (CSE). Also in attendance has been Dutch-founded lobby group Christian Council International, which promotes similar views.
At this year's conference, hosted by Ghana's parliament in June, the draft African Charter on Family Sovereignty and Values treaty was drawn up. The draft condemns abortion and CSE, states that gender is either male or female, and asserts that parental rights supersede children's. A draft copy was published on FWI's website, indicating the close ties between these groups and the legislative processes in African nations.
Ghana's Bill: A Political Tool
Amanda Odoi, a researcher at the University of Cape Coast, said the anti-LGBTQ+ bill passed by Ghana's parliament is a "very effective political tool," supported by powerful religious organisations in the country. However, she noted the significant role of international actors: "These international actors were very key in empowering, supporting, funding, financing and giving voice to the anti-LGBT campaign."
Odoi pointed out the bill's similarity to Uganda's law, as well as its "alphabet soup" – the bill uses the acronym "LGBTTQAP+" – that includes words like "questioning" not commonly used in Ghana. This suggests that the bill may have been drafted with external input, rather than reflecting local realities.
Bringing this year's African parliamentary conference to Ghana was a deliberate decision due to the country's influence on the continent, said Ebenezer Peegah, executive director of Rightify Ghana, an NGO that supports LGBTQ+ people. "Ghana has a lot of credentials that Uganda does not have … some clout that other countries in Africa do not have," said Peegah, listing Ghana's stable democracy, free and fair elections, and relative press freedom.
Consequences Across the Region
Across West Africa, LGBTQ+ people are suffering the consequences of the new and harsher laws. In Senegal, the law is hindering HIV prevention efforts for men who have sex with men and transgender women, who have higher rates of HIV prevalence, as well as lawyers representing LGBTQ+ people, said Marame Kane, a French-Senegalese activist based in Paris.
About 100 Senegalese people fled to the Gambia this year, although most had to return to Senegal as they had no money, according to a Gambian HIV worker. Same-sex relations are already punishable with up to life in prison in the Gambia, while transgender women are criminalised by a cross-dressing ban. However, the HIV worker worried that the government could strengthen the laws, making HIV services even harder to provide.
The crackdown in Senegal had also increased homophobia in the Gambia, he said, adding, "Gambia and Senegal share the same culture, the same religion, literally everything."
The situation is dire, and activists are calling for international attention and support. The intersection of local politics, religious conservatism, and transnational influence is creating a hostile environment for LGBTQ+ people in West Africa, with no immediate end in sight.
