A step backwards, quickly reversed

On 29 June 2020, the Senate of Gabon voted to strike out the provision that made consensual same-sex relationships a criminal offence. The Central African country thus joined the growing group of states that have abolished discriminatory criminal laws against lesbian, gay, bisexual, trans and intersex people.

What was particularly remarkable was how briefly the injustice had lasted. Unlike many African countries whose bans go back to colonial laws, Gabon had only newly introduced criminalisation in July 2019. Paragraph 5 of Article 402 of the penal code, reformed at the time, provided for up to six months in prison and a fine of five million CFA francs for same-sex acts. Just one year later, this provision was struck out again.

The road there led through two steps. On 24 June 2020, the National Assembly, the lower house, had voted for repeal with 48 votes, against 24 votes and 25 abstentions. A few days later the Senate followed: 59 senators voted for the reform, 17 against, with four abstentions. President Ali Bongo Ondimba signed the law on 7 July. His wife, Sylvia Bongo Ondimba, had also publicly supported the bill.

The vote remained controversial in the country. Conservative and religious voices opposed decriminalisation, and some MPs spoke openly of their reservations. International organisations, on the other hand, clearly welcomed the move. UNAIDS declared that Gabon was thereby righting a grave wrong against the LGBTI community, and pointed out that criminalising same-sex relationships makes it harder for people to access HIV prevention, testing and treatment. At the same time, the UN organisation called on the at least 69 other states with similar bans at the time to stop punishing people for whom they love. Freedom House spoke of an overdue step towards a free and democratic society.

Gabon thus showed that a setback in human rights can be quickly reversed when civil society, politics and international partners work together.