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At the beginning of , 36 states in Africa criminalised sexual orientation, with penalties ranging from fines in Algeria and Kenya, to the death penalty in Sudan and Nigeria. The majority of states that criminalise sexual orientation do so under laws that are derived from British Common Law, which criminalise sodomy as a form of assault, whilst other states criminalise sexual orientation to reflect principles of Sharia law. Whilst there are many different social issues that impact and limit LGBTI rights, the continued criminalisation of sexual orientation is most significant because it constricts the political space available for LGBTI activists and advocates to tackle other issues affecting the LGBTI community. It should also be noted that the criminalisation of sexual orientation is entirely incompatible with international human rights law, although different international human rights bodies have found it difficult to practically implement human rights norms in this area.
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In their separate reactions to the threat, the senior legal practitioners, maintained that it would be wrong for America to attempt to use its superpower to force sovereign African countries to embrace abhorrent sexual orientations. He threatened to use full range of diplomatic and assistance tools, which may include financial sanctions and visa restrictions, against homophobic countries like Nigeria that retained its anti-gay posture. The anti-gay law in Nigeria prescribed a prison term of between 10 and 14 years for anyone caught flouting the law, either by cohabitation between same-sex sexual partners, public show of same-sex relationship, registration, operation or participation in gay clubs, societies and organisation, amongst others. The pressure on Nigeria to repeal its anti-gay laws ebbed with the emergence of the President Donald Trump's administration.
Out of the 54 states recognised by the United Nations or African Union or both, the International Gay and Lesbian Association stated in that homosexuality is outlawed in 34 African countries. Since , some developed countries have been considering or implementing laws that limit or prohibit general budget support to countries that restrict the rights of LGBT people. Nevertheless, most scholarship and research demonstrates that homosexuality has long been a part of various African cultures.