Homophobia in Africa: A Colonial Legacy?

In Britain, male homosexuality was first made illegal in 1533, and convictions could be punishable by death. In1861, the death penalty was removed. Instead, same-sex acts between men were to be punished by a minimum of ten years imprisonment. While the original law had specifically made 'sodomy' (anal sex) illegal, an amendment in 1885 made all male homosexual acts illegal. Female homosexuality was never explicitly targeted by any legislation. It was discussed in Parliament in 1921 but rejected due to the fear that a law would draw attention to the possibility and encourage women to explore this.

When Britain established its colonies, it introduced new criminal laws. 'Carnal intercourse against the order of nature' was a phrase used in laws criminalising same-sex acts. Other colonial powers, such as France, either did not have such strict laws against homosexuality, or did not introduce them in their colonies.

England and Wales decriminalised most consensual homosexual conduct in 1967, but this came too late for most of Britain’s colonies in Africa, many of which won independence in the 1950s and early 1960s. After independence, many of the laws made by the colonialists remained untouched.

When LGBTQ+ rights are being debated in African countries, a common argument is that it is 'un-African' to be gay. It is claimed that this is something the British colonisers brought with them from Europe, and this is the reason why they needed laws against it. Obviously, same-sex sexuality and gender diversity has existed in African cultures for centuries and is widely documented by African historians.

Among the examples are the Shangani of Southern Africa where men married other men and the word ngochani meant male wife. There were woman-to-woman marriages in more than forty ethnic groups - among others the Kisii in Kenya, the Igbo in Nigeria, and the Nuer in Sudan.

Ancient paintings and traditional dances provide other examples. Language can also be studied to show that sexual and gender diversity has been known to exist in various African cultures, even if that language suggests social disapproval. In the Shona language, the words 'murumekadzi' and 'mukadzirume' can be loosely translated as man-woman and woman-man for people who take on the role of the opposite sex. Today, some African gay rights activists are taking back these words, as the fact that the words exist shows that people like themselves have always been known in traditional culture.

In several cultures, there was a spiritual aspect to the expression of gender diversity, such as men acting as mediums for female spirits, or the other way around. The Yoruba people did not assign gender at birth, and the Dagaaba people assigned gender based on energy, not genitals. While it is important to bear in mind that the historical practices don’t necessarily fit with today’s same-sex relations and identities, the historical sources strongly contradict the argument that homosexuality is 'un-African'.

Religion was an important aspect of changing cultural attitudes towards sexual and gender diversity. The Christian missionaries were as much part of the colonising forces as the explorers, traders, and soldiers. Missionaries were agents of colonialism, and the Victorian version of Christianity they brought with them proved to have lasting consequences far beyond decolonisation. While the British in Africa claimed to bring modernism and enlightenment, the influence of Christianity strengthened the patriarchy and strict gender roles.

Today’s British politicians are uneasy with this legacy. Twenty-five per cent of the world’s population (2.4 billion people) currently live in a country belonging to the Commonwealth; however these countries make up 50 per cent of countries that still criminalise homosexuality.

In 2018, British Prime Minister Theresa May said that she 'deeply regrets' Britain’s historical legacy of anti-gay laws across the Commonwealth, and urged the Commonwealth nations to overhaul 'outdated', colonial-era legislation. May stated that

I am all too aware that these laws were often put in place by my own country. They were wrong then, and they are wrong now. As the UK’s prime minister, I deeply regret both the fact that such laws were introduced, and the legacy of discrimination, violence and even death that persists today.