The global landscape for LGBTQ+ rights is undergoing a significant transformation, marked by a surge in restrictive legislation. Recent months have seen several countries enact laws that criminalize same-sex relationships and related activities, raising serious concerns about human rights and social equality. This trend, particularly pronounced in Africa, underscores the growing legal discrimination against LGBTQ+ communities.
The Republic of Niger, for instance, has recently criminalized same-sex relationships for the first time, joining Uganda and Burkina Faso in enacting severe penalties for such acts. These measures have drawn widespread international condemnation, yet the governments involved have remained steadfast in their positions. Despite threats of sanctions from Western nations, the legal landscape for LGBTQ+ individuals continues to deteriorate in these regions.
Recent Legislative Developments
While the number of countries criminalizing homosexuality has decreased over the past few decades, over 60 nations still enforce such laws. More than 30 African countries continue to criminalize same-sex relations. In February 2026, Niger’s military junta enacted a Penal Code that criminalizes indecent, unnatural, and LGBTQIA+ acts, imposing five to ten years’ imprisonment and fines. The same penalties apply to individuals who “artificially change their sex at birth.” The law also imposes criminal penalties on those who enter into same-sex marriages, as well as organizers, officiators, and witnesses, with imprisonment ranging from ten to twenty years.
The Anti-Homosexuality Act (AHA), enacted by the Ugandan Parliament in 2026, established a severe precedent by introducing the death penalty for “aggravated homosexuality.” It defines a “female person” as an individual born with “female sexual organs” and a “male person” as one born with “male sexual organs.” Legal sex is therefore determined solely by genitalia, with no recognition of gender identity, psychological sex, or related concepts.
While same-sex relationships were already illegal, the new Ugandan law introduces stricter penalties for engaging in same-sex relations and for “promoting” homosexuality, including up to 20 years’ imprisonment. It also prohibits same-sex marriage, punishable by up to 10 years in prison. Burkina Faso’s military government has also criminalized homosexual conduct, using similar definitions. Under the guise of legal modernization, the government has reduced protections for LGBTQ communities and imposed penalties for “behaviour likely to promote homosexual practices and similar practices.”
The African Charter on Human and Peoples’ Rights
Most African Union member states have signed or ratified the African Charter on Human and Peoples’ Rights. Burkina Faso ratified the Charter in 1984, while Niger and Uganda ratified it in 1986. The Charter is an international treaty that protects fundamental human rights and freedoms across Africa. It affirms universal rights to support Africa’s full liberation and rejects all forms of discrimination, including those based on sex. The Charter guarantees rights and freedoms without discrimination, upholding equality and recognizing the rights to life, personal integrity, dignity, liberty, and security.
The Charter also prohibits discrimination against women and children and upholds self-determination. In the case of Zimbabwe Human Rights NGO Forum v. Zimbabwe (2006), the African Commission on Human and Peoples’ Rights held that non-discrimination must be interpreted inclusively to protect marginalized groups. Criminalizing consensual same-sex conduct therefore violates Article 2 of the Charter.
Constitutional Conflicts and Legal Challenges
The Constitution of Niger 2010 (rev. 2017), for instance, resolved to build a State of Law guaranteeing “exercise of collective and individual rights, freedom, justice, dignity, equality, safety, and well-being.” The Constitution punishes what they call ‘regionalism’, ‘ethnocentrism’, ‘discrimination’ as well as ‘favouritism.’ Article 8 ensures, “assures to all equality before the law without distinction of sex…”.
The Preamble of the Ugandan Constitution affirms unity, peace, equality, freedom, social justice, and progress. The National Objectives and Directive Principles emphasize unity, peace, and stability. Article 20 of the 1995 Constitution requires all government agencies and individuals to respect, uphold, and promote the rights in this chapter, ensuring their protection and recognition. However, these constitutional values conflict with recent laws.
The Constitution of Burkina Faso prioritizes individual rights. Its Preamble recognizes gender equality as essential for equal treatment under the law. Article 1 states that “all Burkinabè are born free and equal,” guaranteeing equal rights and prohibiting discrimination. Jamaica’s Constitution, in Chapter III, the Chapter
