African lawmakers back push for tougher anti-LGBT laws after Ghana conference

Lawmakers from over a dozen African nations convened in Accra, Ghana, from June 3-6, 2026, for the African Inter-Parliamentary Conference on Family Values and Sovereignty. The conference concluded with a pledge to advance new legislation restricting LGBT rights across the continent, culminating in the approval of an "African Charter on Family, Sovereignty and Values." This development follows closely on the heels of Ghana's Parliament passing a stringent anti-LGBTQ+ bill in late May 2026, which criminalises same-sex relations, identification as LGBTQ+, and the promotion of LGBTQ+ activities. The push for tougher laws reflects a growing regional trend, raising significant concerns for human rights, constitutional law, and the operations of civil society organisations across Africa.

The landscape of human rights, particularly concerning lesbian, gay, bisexual, and transgender (LGBT) individuals, is undergoing a significant and concerning shift across Africa. A pivotal moment in this trajectory was the African Inter-Parliamentary Conference on Family Values and Sovereignty, held in Accra, Ghana, from June 3-6, 2026. This gathering brought together lawmakers from more than a dozen African countries, alongside self-described “pro-family” activists from Africa and Europe, to consolidate efforts aimed at enacting more restrictive anti-LGBT legislation.

The conference's primary outcome was the approval of a 32-page "African Charter on Family, Sovereignty and Values." This document advocates for governments to withdraw from international treaties or agreements perceived as promoting "the LGBT agenda," abortion, or non-abstinence-focused sex education, while urging the enactment of national laws that "safeguard African culture and cultural values." The timing of this conference is particularly salient, as it occurred just a week after Ghana's Parliament passed its controversial Human Sexual Rights and Family Values Bill, a measure that, if assented to by the President, would introduce some of the continent's harshest penalties against LGBTQ+ individuals and their allies. For legal practitioners, these developments signal an intensified period of legislative and judicial challenges, demanding a deep understanding of evolving domestic laws, constitutional protections, and international human rights obligations.

The legislative push for tougher anti-LGBT laws in Africa is rooted in a complex interplay of colonial-era statutes, cultural conservatism, and a narrative of protecting "family values" and national sovereignty against perceived Western influence. Many African nations inherited laws criminalising same-sex sexual acts from their colonial past, and over 30 of the continent's 54 countries continue to criminalise such relationships.

In Tanzania, the source jurisdiction for this article, homosexuality is a deeply taboo subject, and same-sex sexual acts are criminal offences. On the mainland, "carnal knowledge of any person against the order of nature" can lead to imprisonment for 30 years to life, while in Zanzibar, "acts of lesbianism" are punishable by up to five years in prison or a fine. The country has seen periods of intensified "morality crusades" and government actions, such as the deportation of HIV/AIDS workers accused of "promoting homosexuality," despite the absence of a specific law criminalising such promotion. While there are no broad legal protections against discrimination based on sexual orientation or gender identity, some limited protections against hate speech and hate crimes based on sexual orientation have been introduced since 2018 and 2023, respectively.

Ghana's recently passed Human Sexual Rights and Family Values Bill, approved by Parliament in May 2026, significantly expands existing colonial-era laws. It criminalises identifying as lesbian, gay, bisexual, transgender, or queer with up to three years in prison, and engaging in homosexual relations with the same penalty. Furthermore, the promotion, sponsorship, or intentional support of LGBTQ+ activities can incur prison sentences of three to five years, and even those identifying as "allies" may face imprisonment. This bill awaits presidential assent, which has been a point of contention and previous delay due to legal challenges and warnings about potential economic repercussions, including the risk of losing World Bank funding. Similarly, Uganda enacted its Anti-Homosexuality Act, 2023, which includes penalties up to life imprisonment for consensual same-sex conduct and the death penalty for "aggravated homosexuality." Although Uganda's Constitutional Court, in April 2024, struck down some sections related to reporting obligations and renting premises for homosexual purposes, it largely upheld the Act's core criminalising provisions.

The recent conference in Accra and the legislative actions in Ghana and Uganda highlight a concerted effort to codify and strengthen anti-LGBT laws across Africa, often under the banner of "family values" and national sovereignty. Proponents argue that these laws protect traditional African cultures and resist what they term "ideological colonisation" from Western nations. However, this stance often clashes directly with international and regional human rights instruments that African states have ratified.

The African Charter on Human and Peoples' Rights, for instance, prohibits discrimination of any kind and guarantees the right to equality and dignity for all individuals. The African Commission on Human and Peoples' Rights, through Resolution 275, has explicitly called on states to protect against violence and human rights violations based on real or imputed sexual orientation or gender identity. The newly approved "African Charter on Family, Sovereignty and Values" from the Accra conference, which urges withdrawal from treaties promoting the "LGBT agenda," directly challenges these existing human rights frameworks and could lead to significant legal and diplomatic tensions.

Constitutional challenges to such laws have seen mixed results. In Ghana, Supreme Court challenges against the Human Sexual Rights and Family Values Bill were dismissed as premature in December 2024, as the bill had not yet received presidential assent. In Uganda, while the Constitutional Court upheld the majority of the Anti-Homosexuality Act, 2023, it did nullify sections that criminalised the letting of premises for homosexual purposes, the failure to report homosexual acts, and the transmission of terminal illness through homosexual acts, citing constitutional contraventions. Conversely, in Kenya, despite the criminalisation of same-sex unions, the Supreme Court ruled in February 2023 that an LGBTQ+ organisation, the National Gay and Lesbian Human Rights Commission, must be allowed to register, affirming the constitutional right to freedom of association irrespective of sexual orientation. This demonstrates that judicial bodies in some African jurisdictions are willing to uphold fundamental rights even in the face of prevailing social conservatism.

The broad "promotion" clauses in new legislation, such as Ghana's bill and Uganda's Act, pose severe threats to civil society organisations, public health initiatives, and human rights defenders. These clauses can criminalise advocacy, funding, or even providing services to LGBTQ+ individuals, effectively shrinking civic space and hindering essential public health work, particularly in areas like HIV/AIDS prevention and treatment. The ambiguity of what constitutes "promotion" creates a chilling effect, forcing organisations to self-censor or cease operations to avoid legal repercussions. This is particularly concerning given that some African countries, like Botswana, Angola, Mauritius, and Namibia, have recently decriminalised same-sex relations, indicating a divergent legal trajectory across the continent.

The outcomes of the African Inter-Parliamentary Conference on Family Values and Sovereignty signal an escalating legal and political environment hostile to LGBT rights across many African nations. For legal practitioners, this necessitates heightened vigilance and a proactive approach. Attorneys must be prepared for an increase in litigation challenging the constitutionality of new and existing anti-LGBT laws, drawing upon both domestic constitutional provisions and international human rights obligations. The "African Charter on Family, Sovereignty and Values," if widely adopted and implemented, could fundamentally reshape legal frameworks, requiring lawyers to navigate complex conflicts between national legislation and regional human rights instruments.

Practitioners advising non-governmental organisations, particularly those involved in human rights advocacy or public health, will face significant challenges in ensuring compliance with increasingly restrictive laws, especially those criminalising "promotion" or "support" for LGBTQ+ issues. The potential for economic sanctions, as seen in warnings to Ghana regarding World Bank funding, also adds a layer of complexity to legal and policy considerations. It is imperative for legal professionals to monitor legislative developments closely, engage in strategic litigation where possible, and advocate for the protection of fundamental human rights, ensuring that the principles of equality and non-discrimination are upheld for all individuals, regardless of sexual orientation or gender identity. The ongoing legal battles in countries like Ghana and Uganda, alongside the affirming judgments in Kenya, underscore the critical role of the judiciary and the legal profession in safeguarding human rights in a rapidly evolving legal landscape.