Recognition of same-sex unions in Africa

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 of the US. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights in Israel. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d 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 confer some limited legal benefits in China, including decisions about medical and personal care.
  9. ^ Hong Kong provides inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Indian courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Most Japanese cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse provide residency rights in Namibia.
  13. ^ Romania provides hospital visitation rights through a "legal representative" status.
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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

National level

Status Country Legal since Country population
(Last Census count)
Marriage
(1 country) 		South Africa 2006 54,956,900
Subtotal — — 54,956,900
(4.5% of the African population)
Recognition of foreign marriage
(1 country) 		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 * — 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
Eswatini * — 1,343,098
Ethiopia * — 102,403,196
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
Mauritania * — 4,301,018
Mauritius — 1,262,132
Morocco * — 33,848,242
Mozambique — 28,829,476
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
Tanzania * — 55,572,201
Togo * — 7,965,055
Tunisia * — 11,304,482
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 — 20,107,509
Burundi * 2005 10,524,117
Democratic Republic of the Congo 2006 78,736,153
Gabon 2024 1,979,786
Kenya * 2010 49,125,325
Mali * 2023 14,517,176
Rwanda 2003 11,262,564
Sudan * — 39,578,828
Uganda * 2005 41,487,965
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

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

    Public opinion

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


    See also

    Notes

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

    References

    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.
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