Recognition of same-sex unions in Africa

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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
Part of the LGBT rights series
Legal status of
same-sex unions
Marriage
Civil unions and
registered partnerships
Common-law marriage
Minimal recognition
See also
Notes
  1. Performed statewide in 25 of 31 states and in Mexico City, in certain municipalities in one other state, 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. Neither performed nor recognized in the five Caribbean overseas territories.
  5. Neither performed nor recognized in American Samoa or some tribal nations.
  6. Cohabitation. Registered foreign marriages confer limited rights. Marriage recognized in some cities.
  7. Degree of recognition unknown. No actual cases to date.
  8. The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the 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. Unregistered cohabitation or Maitri Karar–type contractual relationships.
  11. Some cities and prefectures issue certificates for same-sex couples, but they are not legally binding.
  12. Foreign same-sex spouses are eligible for a "Non-Tourist Visa" as a dependent.
* Not yet in effect
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Debate has occurred throughout Africa over proposals to legalize same-sex marriage as well as civil unions.

Currently, South Africa is the only African country that legally recognizes same-sex marriage.[1] In addition, the Spanish regions 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 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 Algeria * — 40,400,000
Angola Angola — 25,789,024
Benin Benin — 10,872,298
Botswana Botswana — 2,250,260
Cameroon Cameroon * — 23,439,189
Cape Verde Cape Verde — 539,560
Central African Republic Central African Republic — 4,594,621
Chad Chad * — 13,670,084
Comoros Comoros * — 795,601
Djibouti Djibouti — 942,333
Egypt Egypt * — 96,474,100
Equatorial Guinea Equatorial Guinea — 1,221,490
Eritrea Eritrea * — 4,954,645
Ethiopia Ethiopia * — 102,403,196
Gabon Gabon — 1,979,786
The Gambia Gambia * — 2,051,363
Ghana Ghana * — 27,043,093
Guinea Guinea * — 12,395,924
Guinea-Bissau Guinea-Bissau — 1,815,698
Ivory Coast Ivory Coast — 23,740,424
Lesotho Lesotho — 2,203,821
Liberia Liberia * — 4,503,000
Libya Libya * — 6,293,253
Madagascar Madagascar ��� 24,894,551
Malawi Malawi * — 18,091,575
Mali Mali — 14,517,176
Mauritania Mauritania * — 4,301,018
Mauritius Mauritius * — 1,262,132
Morocco Morocco * — 33,848,242
Mozambique Mozambique — 28,829,476
Namibia Namibia * — 2,113,077
Niger Niger — 20,672,987
Nigeria Nigeria * — 185,989,640
Republic of the Congo Republic of the Congo — 5,125,821
São Tomé and Príncipe São Tomé and Príncipe — 199,910
Senegal Senegal * — 15,411,614
Seychelles Seychelles — 94,228
Sierra Leone Sierra Leone * — 7,075,641
Somalia Somalia * — 14,317,996
South Sudan South Sudan * — 12,230,730
Eswatini Swaziland * — 1,343,098
Tanzania Tanzania * — 55,572,201
Togo Togo * — 7,965,055
Tunisia Tunisia * — 11,304,482
Zambia 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 Burkina Faso — 20,107,509
Burundi Burundi * — 10,524,117
Democratic Republic of the Congo Democratic Republic of the Congo — 78,736,153
Kenya Kenya * — 49,125,325
Rwanda Rwanda — 11,262,564
Sudan Sudan * — 39,578,828
Uganda Uganda * — 41,487,965
Zimbabwe 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 Sahrawi Arab Democratic Republic * — 100,000
Somaliland 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 France French Southern and Antarctic Lands French Southern and Antarctic Lands 2013 —
Mayotte Mayotte 2013 256,518
Réunion Réunion 2013 865,826
Portugal Portugal Azores Azores 2010 246,772
Madeira Madeira 2010 289,000
Spain Spain Canary Islands Canary Islands 2005 2,101,924
Ceuta Ceuta 2005 82,376
Melilla Melilla 2005 78,476
United Kingdom United Kingdom Saint Helena, Ascension and Tristan da Cunha 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[]

Namibia Namibia: Several court cases pertaining to the recognition of same-sex marriages performed in South Africa await a verdict from the High Court.[2]

Public opinion[]

  Indicates the country/territory has legalized same-sex marriage nationwide
  Indicates that same-sex marriage is legal in certain parts of the country
  Indicates that the country has civil unions or registered partnerships
  Indicates that same-sex sexual activity is illegal
Opinion polls for same-sex marriage by country
Country Pollster Year For Against Neutral[a] Margin
of error 		Source
Mozambique Mozambique (3 cities) Lambda 2017 28%
(32%) 		60%
(68%) 		12% [3]
South Africa South Africa HSRC 2015 37%
(45%) 		46%
(55%) 		17% [4]
South Africa South Africa Ipsos 2021 59%
(80%) 		15%
(20%) 		12% some rights, 14% not sure ±4.8% [+ more urban/educated than representative] [5]


See also[]

Notes[]

  1. ^ Also comprises: Don't know; No answer; Other; Refused.

References[]

  1. ^ "Same-Sex Unions to Become Legal in South Africa". New York Times. Retrieved February 5, 2018.
  2. ^ "Same-sex couples join forces". Namibian Sun. 5 September 2019.
  3. ^ "Most Mozambicans against homosexual violence, study finds". MambaOnline - Gay South Africa online. June 4, 2018., (full report)
  4. ^ A survey of attitudes towards homosexuality and gender non-conformity in South Africa, page 54
  5. ^ "LGBT+ Pride 2021 Global Survey" (PDF). Retrieved June 23, 2021.
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