West Africa: Rising Anti-LGBTQ+ Legislation Sparks Alarm Among Activists

Several West African nations are enacting or tightening laws against the LGBTQ+ community, amid domestic political pressures and a growing global backlash against their rights. Activists in the region argue that politicians are treating LGBTQ+ people as "the easiest scapegoats to hold onto power."

In March, Senegal doubled the maximum prison sentence for same-sex relations to 10 years and criminalized "promoting" homosexuality. Earlier, in February, Niger introduced its first law criminalizing "same-sex relations." Neighboring Mali and Burkina Faso have also criminalized same-sex relations for the first time within the past two years. All three countries are led by military governments.

In Ghana, where same-sex relations were already illegal, parliament passed a new law in June that criminalizes LGBTQ+ "activities." The bill, which still awaits the president's signature, is the latest version of legislation first introduced in 2021.

According to Anthony Oluoch of Pan Africa ILGA, an LGBTQ+ advocacy group, behind these moves lies "political opportunism." He noted that in some countries, new or stricter laws are backed by religious groups and campaigns promoting "family values." In Burkina Faso, where Muslims are the majority, the law is framed as an assertion of national sovereignty against the West.

The impact of these laws on the LGBTQ+ community is severe, even before they are enacted. An HIV healthcare worker said 13 transgender women were detained without trial from June to November last year, and they reported being beaten by a military unit while in custody. Since the law came into effect, there have been at least two related convictions. Police are also luring LGBTQ+ people on social media and asking them to denounce other community members.

Despite the anti-Western rhetoric of military leader Ibrahim Traoré, Burkina Faso remains a destination for anti-LGBTQ+ advocates linked to conservative Western Christian groups. The Inter-Parliamentary Conference on Family Values and Sovereignty, a forum believed to influence anti-LGBTQ+ laws in Africa, is scheduled to be held in Burkina Faso and Eswatini next year. The first three conferences were held annually in Uganda, starting in 2023, the same year the country imposed the death penalty for certain same-sex acts.

According to the US-based organization Ipas, these annual meetings are supported by Family Watch International (FWI), a Christian advocacy group based in Arizona that opposes abortion and comprehensive sex education. The Dutch-founded Christian Council International also attends. At this year's conference, hosted by Ghana's parliament in June, a draft African charter on sovereignty and family values was drawn up, condemning abortion, asserting that gender is only male or female, and arguing that parents' rights outweigh children's rights.

Observers note that the anti-LGBTQ+ law passed by Ghana's parliament has many similarities to Uganda's law, including the use of the acronym "LGBTTQAP+" and terms like "questioning," which are uncommon in Ghana. Holding the African parliamentary conference in Ghana this year is seen as a deliberate choice, given the country's significant influence on the continent.

The consequences are spreading across West Africa. In Senegal, the new law is said to hinder HIV prevention efforts for men who have sex with men and transgender women, groups with higher HIV rates. About 100 Senegalese people have fled to Gambia this year, but most have returned due to lack of funds. Although Gambia already has laws punishing same-sex relations with sentences up to life imprisonment, activists fear the government may tighten them further, making HIV services even harder to provide.