Despite decriminalising homosexuality just six years ago, there are growing fears that Gabon could take a dramatic step backwards by criminalising LGBTQ+ identities, relationships and public advocacy.
In 2020, Gabon was hailed for passing landmark legislation that repealed a 2019 “offence against morality” provision in the Penal Code. That law had criminalised “sexual relations between persons of the same sex”, punishable by up to six months’ imprisonment and a substantial fine.
The repeal was widely welcomed as a significant advance for human rights in the country. It was expected to reduce discrimination and stigma while strengthening efforts to combat HIV.
New Bill Seeks Harsher Criminal Penalties
However, as several parts of Africa are gripped by a wave of queerphobia fuelling an upsurge in anti-LGBTQ+ legislation, Gabon now appears poised to reverse that progress with an even harsher law.
Following the 2023 military coup, local media have reported that a new bill before the National Assembly would sentence LGBTQ+ people to up to five years in prison and impose fines of up to 10 million CFA francs (around US$17,000).
In addition to criminalising consensual same-sex intimacy and relationships, the bill would make it a criminal offence to publicly support or advocate for LGBTQ+ people.
Anti-LGBTQ+ Narratives Drive Support
According to Erasing 76 Crimes, the proposed legislation enjoys support from widespread anti-LGBTQ+ public sentiment, as well as religious and traditional leaders.
As in many other parts of the continent, this support has been fuelled by the false narrative that homosexuality is un-African, threatens families and has been imposed by Western culture.
When Gabon repealed its anti-gay law in 2020, Catholic leaders condemned the move, claiming it would expose children to “deviant behaviour.”
Petition Calls on President to Reject Bill
Global advocacy organisation All Out has launched a petition calling on President Brice Oligui Nguema and members of the National Assembly to reject the bill and ensure that Gabon’s Penal Code remains consistent with the country’s international human rights obligations.
“Governments have a duty to protect their citizens — all of their citizens. Sending people to prison for who they love protects no one. It exposes people to violence, shame, and exclusion. It tears families apart. It silences people,” states the petition.
Africa Remains the Epicentre of Criminalisation
A total of 66 countries worldwide continue to criminalise homosexuality and/or LGBTQ+ identities, with 33 of them in Africa.
Niger recently became the latest country on the continent to outlaw same-sex intimacy, same-sex marriage and gender affirmation, underscoring the growing regional trend towards expanding anti-LGBTQ+ legislation.
