Mauritius decriminalises same-sex relations but African attitudes remain conservative

In the Southern African Development Community region, nine of 16 members hold a progressive stance. But across the continent, a conservative outlook prevails

Oct 17, 2023 - 22:30

Mauritius decriminalises same-sex relations but African attitudes remain conservative

The Mauritius Supreme Court earlier this month declared unconstitutional a law that criminalises consensual same-sex acts between adult men. The decision boosts the trend in the Southern African Development Community region towards decriminalisation. Now, a slight majority – nine out of 16 member states – do not prohibit gay and lesbian sexual relations.

I have researched and taught human rights law in Africa, including the rights of sexual minorities, for over three decades, and closely follow the work of the African Commission on Human and Peoples’ Rights.

The African Commission, as the continent’s human rights custodian, should lend its unequivocal support to the decriminalisation trend. This is particularly significant as attempts are made to further criminalise and stigmatise sexual minorities in parts of Africa.

The commission has not yet expressed its view on the decision. Its 77th ordinary session, starting on October 20 in Arusha, Tanzania, is an opportunity to do so. It should build on its 2014 guidance to African states on eradicating violence based on sexual orientation and gender identity.

Mauritius court ruling

The Mauritian Supreme Court found that section 250 of the 1838 Mauritius Criminal Code, which criminalises anal sex between two consenting adult men, violates the 1968 Mauritius constitution.

The litigant, Ah Seek, a gay Mauritian man and board member of the Mauritian NGO Collectif-Arc-en-Ciel, invoked a...