FACTSHEET: Laws affecting LGBTI+ people in Africa

International human rights organisation Human Rights Watch recently highlighted South Africa’s failings to adequately protect the rights of lesbian, gay, bisexual, transgender and intersex people.

Western Sahara, a contested territory, is not a UN member state but is a member of the African Union. It was not included in the ILGA report. The territory is claimed by both Morocco and the Polisario Front, a political and military organisation seeking independence. While many African countries do not directly criminalise transgender and gender diverse people, many do so indirectly through indecency laws, criminalisation of same-sex relationships and impersonation laws.

Although the act does not define “change of sex”, applications typically require “medical reports” of transition. The ILGA called Namibian requirements for gender marker change “prohibitive” and the act “largely inaccessible”. Despite this the act has been hailed as “a move forward for transgender persons in South Africa” by Gender Dynamix and the LRC.

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