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Recognition of same-sex unions in Africa

Same-sex sexual activity legal
  Same-sex marriage
  Limited recognition (foreign residency rights)
  No recognition of same-sex couples
Same-sex sexual activity illegal
  Prison but not enforced
  Prison
  Death penalty on books but not enforced
  Enforced death penalty
Countries performing civil unions in Africa
  Gender-neutral civil unions.
  Civil unions never performed.
Part of the LGBTQ rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e 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. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b 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 performs and recognises same-sex marriage,[1] and Namibia is the only other which legally recognizes same-sex marriages performed abroad. In addition, the Spanish regions of the Canary Islands, Ceuta and Melilla, as well as the Portuguese territory of Madeira, 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

[edit]

National level

[edit]
Status Country Legal since Country population
(Last Census count)
Marriage
(1 country) 		South Africa South Africa 2006 54,956,900
Subtotal — — 54,956,900
(4.5% of the African population)
Recognition of foreign marriage
(1 country) 		Namibia Namibia 2023 2,113,077
Subtotal — — 2,113,077
(0.17% of the African population)
Subtotal — — 57,069,977
(4.67% of the African population)
No recognition
(44 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
Eswatini Eswatini * — 1,343,098
Ethiopia Ethiopia * — 102,403,196
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
Mauritania Mauritania * — 4,301,018
Mauritius Mauritius — 1,262,132
Morocco Morocco * — 33,848,242
Mozambique Mozambique — 28,829,476
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
Tanzania Tanzania * — 55,572,201
Togo Togo * — 7,965,055
Tunisia Tunisia * — 11,304,482
Zambia Zambia * — 16,591,390
Subtotal — — 873,514,764
(70% of the African population)
Constitutional ban on marriage
(10 countries)
* same-sex sexual activity illegal 		Burkina Faso Burkina Faso — 20,107,509
Burundi Burundi * 2005 10,524,117
Democratic Republic of the Congo Democratic Republic of the Congo 2006 78,736,153
Gabon Gabon 2024 1,979,786
Kenya Kenya * 2010 49,125,325
Mali Mali 2023 14,517,176
Rwanda Rwanda 2003 11,262,564
Sudan Sudan * — 39,578,828
Uganda Uganda * 2005 41,487,965
Zimbabwe Zimbabwe * 2013 16,150,362
Subtotal — — 283,469,785
(23% of the African population)
Total — — 1,214,062,706
(99.6% of the African population)

Partially recognized and unrecognized states

[edit]
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

[edit]
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 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 — — — 3,679,753
(0.3% of the African population)
Total — — — 3,679,753
(0.3% of the African population)

Public opinion

[edit]
  Indicates the country/territory has legalised 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
Kenya Kenya Pew Research Center 2023 9% 90% 1% ±3.6% [2]
Mozambique Mozambique (3 cities) Lambda 2017 28%
(32%) 		60%
(68%) 		12% [3]
Nigeria Nigeria Pew Research Center 2023 2% 97% 1% ±3.6% [2]
South Africa South Africa Ipsos 2023 57%
 29% [10% support some rights]
 14% ±3.5% [b] [4]


See also

[edit]

Notes

[edit]
  1. ^ Also comprises: Don't know; No answer; Other; Refused.
  2. ^ [+ more urban/educated than representative]

References

[edit]
  1. ^ Wines, Michael (2 December 2005). "Same-Sex Unions to Become Legal in South Africa". New York Times. Retrieved February 5, 2018.
  2. ^ a b "How people in 24 countries view same-sex marriage". Retrieved 14 June 2023.
  3. ^ "Most Mozambicans against homosexual violence, study finds". MambaOnline - Gay South Africa online. June 4, 2018., (full report)
  4. ^ LGBT+ PRIDE 2023 GLOBAL SURVEY (PDF). Ipsos. 1 June 2023. Retrieved 12 June 2023.