Recognition of same-sex unions in Africa

Debate has occurred throughout Africa over proposals to legalize same-sex marriage as well as civil unions.

Same-sex sexual activity legal
  Same-sex marriage
  No recognition of same-sex couples
Same-sex sexual activity illegal
  Not Enforced or unclear
  Penalty
  Life in prison
  Death penalty
Marriage
Civil unions and
registered partnerships
Common-law marriage
Minimal recognition
See also
Notes
  1. Performed statewide in 18 states and Mexico City, in certain municipalities in three other states, and recognized by all states in such cases.
  2. Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  3. Neither performed nor recognized in Niue, Tokelau or the Cook Islands.
  4. Not recognized in Caribbean overseas territories, though marriage-equivalent ordered for the Cayman Islands.
  5. Neither performed nor recognized in American Samoa or some tribal nations.
  6. Cohabitation. Registered foreign marriages confer limited rights. Marriage recognized in Tel Aviv.
  7. Degree of recognition unknown. No actual cases to date.
  8. Limited to residency rights for foreign spouses of EU citizens.
  9. Legal guardianships (nationwide, except Hong Kong and Macau), residency rights for foreign spouses of legal residents (Hong Kong).
  10. Recognition of foreign marriage for parental rights
  11. Maitri Karar–type contractual relationships, but it is not legally enforceable
  12. Offer "partnership certificates", which provide some tools (such as hospital visitation rights) but do not offer any legal recognition
  13. Limited to spouses of foreign diplomatic officials.
* Not yet in effect or automatic deadline set by judicial body for same-sex marriage to become legal
LGBT portal

Currently, South Africa is the only African country that legally recognizes same-sex marriage.[1] In addition, the Spanish territories of the Canary Islands, Ceuta and Melilla, as well as the Portuguese territories of Madeira and the Azores Islands, the French territories of Mayotte and Réunion and the British Overseas Territory of St. Helena, Ascension and Tristan da Cunha recognize and perform same-sex marriage.

Civil partnerships or de facto unions are also recognized in South Africa, and the French, Spanish and Portuguese territories.

Current situation

National level
Status Country Legal since Country population
(last census)
Marriage
(1 country)		 South Africa 2006 54,956,900
Subtotal — — 54,956,900
(4.5% of the African population)
No recognition
(45 countries)
* same-sex sexual activity illegal
Algeria * — 40,400,000
Angola — 25,789,024
Benin — 10,872,298
Botswana — 2,250,260
Cameroon * — 23,439,189
Cape Verde — 539,560
Central African Republic — 4,594,621
Chad * — 13,670,084
Comoros * — 795,601
Djibouti — 942,333
Egypt * — 96,474,100
Equatorial Guinea — 1,221,490
Eritrea * — 4,954,645
Ethiopia * — 102,403,196
Gabon — 1,979,786
Gambia * — 2,051,363
Ghana * — 27,043,093
Guinea * — 12,395,924
Guinea-Bissau — 1,815,698
Ivory Coast — 23,740,424
Lesotho — 2,203,821
Liberia * — 4,503,000
Libya * — 6,293,253
Madagascar — 24,894,551
Malawi * — 18,091,575
Mali — 14,517,176
Mauritania * — 4,301,018
Mauritius * — 1,262,132
Morocco * — 33,848,242
Mozambique — 28,829,476
Namibia * — 2,113,077
Niger — 20,672,987
Nigeria * — 185,989,640
Republic of the Congo — 5,125,821
São Tomé and Príncipe — 199,910
Senegal * — 15,411,614
Seychelles — 94,228
Sierra Leone * — 7,075,641
Somalia * — 14,317,996
South Sudan * — 12,230,730
Swaziland * — 1,343,098
Tanzania * — 55,572,201
Togo * — 7,965,055
Tunisia * — 11,304,482
Zambia * — 16,591,390
Subtotal — — 892,132,983
(73.2% of the African population)
Constitutional ban on marriage
( 8 countries)
* same-sex sexual activity illegal		 Burkina Faso — 20,107,509
Burundi * — 10,524,117
Democratic Republic of the Congo — 78,736,153
Kenya * — 49,125,325
Rwanda — 11,262,564
Sudan * — 39,578,828
Uganda * — 41,487,965
Zimbabwe * — 16,150,362
Subtotal — — 266,972,823
(21.9% of the African population)
Total — — 1,214,062,706
(99.6% of the African population)

Partially-recognized and unrecognized states
Status Country Since State population
(last estimate)
No recognition
(2 state)
* same-sex sexual activity illegal		 Sahrawi Arab Democratic Republic * — 100,000
Somaliland * — 3,508,180
Subtotal — — 3,608,180
(0.3% of the African population)
Total — — 3,608,180
(0.3% of the African population)

Sub-national level
Status Country Jurisdiction Legal since Jurisdiction population
(last census)
Marriage
(9 jurisdictions)		 France French Southern and Antarctic Lands 2013 —
Mayotte 2013 256,518
Réunion 2013 865,826
Portugal Azores 2010 246,772
Madeira 2010 289,000
Spain Canary Islands 2005 2,101,924
Ceuta 2005 82,376
Melilla 2005 78,476
United Kingdom Saint Helena, Ascension and Tristan da Cunha 2017 5,633
Subtotal — — — 3,926,525
(0.3% of the African population)
Total — — — 3,926,525
(0.3% of the African population)

Legislative proposals and court challenges

Mauritius: In 2016, the Law Reform Commission was looking into a case to legalise same-sex marriage.[2]

Namibia: Several court cases pertaining to the recognition of same-sex marriages performed in South Africa await a verdict from the High Court.[3]

See also

References
  1. "Same-Sex Unions to Become Legal in South Africa". New York Times. Retrieved February 5, 2018.
  2. "AFROBAROMETER REPORT SHOWS THAT HOMOPHOBIA IS NOT AFRICAN EVEN IF HOMOPHOBIA REMAINS WIDESPREAD IN AFRICA". Young Queer Alliance.
  3. "Same-sex couples join forces". Namibian Sun. 5 September 2019.
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