LGBT rights in Gabon | |
---|---|
Status | Legal 1960-2019, again since 2020, unequal age of consent [1] |
Gender identity | No |
Military | No |
Discrimination protections | No |
Family rights | |
Recognition of relationships | No |
Adoption | No |
Lesbian, gay, bisexual, and transgender (LGBT) people in Gabon face legal challenges not experienced by non-LGBT residents. Except for a period between July 2019 and June 2020, same-sex sexual activity has generally been legal in Gabon.
Same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples and LGBT persons face stigmatization among the broader population. [2] [3]
In December 2008, Gabon co-sponsored and signed the non-binding UN declaration on sexual orientation and gender identity which called for the global decriminalization of homosexuality. It was one of only six African countries to do so. [4] In 2011, however, Gabon voted against a joint statement on ending acts of violence and related human rights violations based on sexual orientation and gender identity [ broken anchor ]" at the United Nations, a statement which was condemning violence and discrimination against LGBT people. [5]
Following the country's independence from France in 1960, and up to 2019, same-sex relationships have not been criminalized. [2] The age of consent is not equal. Opposite-sex sexual acts requires a minimum age of 15, while same-sex sexual acts requires the minimum age of 21. [6]
On 5 July 2019, Gabon enacted revisions to its Penal Code which criminalized homosexual relation between consenting adults with a potential penalty of imprisonment up to 6 months and/or a fine of up to 5 million CFA francs. [3] [7] According to Davis Mac-Iyalla of the Interfaith Diversity Network of West Africa, he claimed he knew of two men in Gabon who had already been arrested under the law and had to bribe the police to be let go. [8] [9] On 23 June 2020, the National Assembly approved the government's bill to decriminalize same-sex sexual activity. [10] [11] It was approved by the Senate on 29 June, and signed by the President on 7 July 2020. [12] [13]
There is no legal recognition of same-sex couples.
There is no legal protection against discrimination based on sexual orientation or gender identity.
The U.S. Department of State's 2010 Human Rights Report found that "discrimination and violence against lesbian, gay, bisexual, and transgender (LGBT) persons was a problem, and LGBT individuals often kept their status secret from the community for fear of being harassed or discriminated against". [14]
Same-sex sexual activity legal | (1960-2019, again since 2020) |
Equal age of consent | [15] |
Anti-discrimination laws in hate speech and violence | |
Anti-discrimination laws in employment | |
Anti-discrimination laws in the provision of goods and services | |
Same-sex marriage | |
Recognition of same-sex couples | |
Step-child adoption by same-sex couples | |
Joint adoption by same-sex couples | |
Gays and lesbians allowed to serve openly in the military | |
Right to change legal gender | |
Access to IVF for lesbians | |
Commercial surrogacy for gay male couples | |
MSMs allowed to donate blood |
Section 377 is a British colonial penal code that criminalized all sexual acts "against the order of nature". The law was used to prosecute people engaging in oral and anal sex along with homosexual activity. As per Supreme Court Judgement since 2018, the Indian Penal Code Section 377 is used to convict non-consensual sexual activities among homosexuals with a minimum of ten years imprisonment extended to life imprisonment. It has been used to criminalize third gender people, such as the apwint in Myanmar. In 2018, then British Prime Minister Theresa May acknowledged how the legacies of such British colonial anti-sodomy laws continues to persist today in the form of discrimination, violence, and even death.
The age of consent in Africa for sexual activity varies by jurisdiction across the continent, codified in laws which may also stipulate the specific activities that are permitted or the gender of participants for different ages. Other variables may exist, such as close-in-age exemptions.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Andorra have advanced significantly in the 21st century, and are now considered generally progressive. Civil unions, which grant all the benefits of marriage, have been recognized since 2014, and discrimination on the basis of sexual orientation is constitutionally banned. The General Council passed a bill on 21 July 2022 that would legalize same-sex marriage in 2023, and convert all civil unions into civil marriage. In September 2023, Xavier Espot Zamora, the Prime Minister of Andorra, officially came out as homosexual.
Lesbian, gay, bisexual, and transgender (LGBT) people in San Marino may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in San Marino, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Angola have seen improvements in the early 21st century. In November 2020, the National Assembly approved a new penal code, which legalised consenting same-sex sexual activity. Additionally, employment discrimination on the basis of sexual orientation has been banned, making Angola one of the few African countries to have such protections for LGBT people.
Lesbian, gay, bisexual, and transgender (LGBT) people in Cape Verde are afforded some legal protections, and Cape Verde is considered a gay tolerant country. Homosexual activity has been legal in Cape Verde since 2004. Additionally, since 2008, employment discrimination on the basis of sexual orientation has been banned, making Cape Verde one of the few African countries to have such protections for LGBT people. Nevertheless, Cape Verde does not recognize same-sex unions or marriages, meaning that same-sex couples may still face legal challenges not experienced by non-LGBT residents. Households headed by same-sex couples are also not eligible for the same legal protections available to opposite-sex couples.
Lesbian, gay, bisexual, and transgender (LGBT) people in Botswana face legal issues not experienced by non-LGBT citizens. Both female and male same-sex sexual acts have been legal in Botswana since 11 June 2019 after a unanimous ruling by the High Court of Botswana. Despite an appeal by the government, the ruling was upheld by the Botswana Court of Appeal on 29 November 2021.
Lesbian, gay, bisexual, and transgender (LGBT) people in Nicaragua face legal challenges not experienced by non-LGBT residents. Both male and female types of same-sex sexual activity are legal in Nicaragua. Discrimination based on sexual orientation is banned in certain areas, including in employment and access to health services.
Lesbian, gay, bisexual, and transgender (LGBT) people in Sri Lanka face significant challenges not experienced by non-LGBT residents.
Lesbian, gay, bisexual and transgender (LGBT) people in Bhutan face legal challenges that are not faced by non-LGBT people. Bhutan does not provide any anti-discrimination laws for LGBT people, and same-sex unions are not recognised. However, same-sex sexual activity was decriminalised in Bhutan on 17 February 2021.
Lesbian, gay, bisexual, and transgender (LGBT) people in Malawi face legal challenges not experienced by non-LGBT residents. Both male and female expressions of same-sex sexual activity are illegal within the nation. The Penal Code prohibits "carnal knowledge against the order of nature", attempts to commit "carnal knowledge against the order of nature", and acts of "gross indecency".
Lesbian, gay, bisexual, and transgender (LGBT) people in Mauritania face severe challenges not experienced by non-LGBT residents. Both male and female kinds of same-sex sexual activity are illegal in Mauritania. Openly homosexual Muslim men face stoning to death, though there have been no known cases of executions caused by homosexuality charges in the country; whereas women who have sex with women face prison.
Lesbian, gay, bisexual, and transgender (LGBT) people in Guinea-Bissau face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Guinea-Bissau, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Antigua and Barbuda may face legal challenges not experienced by non-LGBT citizens.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Mauritius have expanded in the 21st century, although LGBT Mauritians may still face legal difficulties not experienced by non-LGBT residents. Prior to 2023, sodomy was criminalized by Section 250 of the Criminal Code. However, Mauritius fully decriminalized homosexuality in October 2023. Although same-sex marriage is not recognized in Mauritius, LGBT people are broadly protected from discrimination in areas such as employment and the provision of goods and services, making it one of the few African countries to have such protections for LGBT people. The Constitution of Mauritius guarantees the right of individuals to a private life.
Lesbian, gay, bisexual, and transgender (LGBT) people in Seychelles face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity has been legal since 2016, and employment discrimination on the basis of sexual orientation is banned in Seychelles, making it one of the few African countries to have such protections for LGBT people. However, LGBT people may nonetheless face stigmatization among the broader population.
Lesbian, gay, bisexual, and transgender (LGBT) people in Grenada may face legal challenges not experienced by non-LGBT residents. The penal code makes same-sex acts on Grenada proper illegal with a punishment up to 10 years in prison, it also does not address discrimination or harassment on the account of sexual orientation or gender identity, nor does it recognize same sex unions in any form, whether it be marriage or partnerships. Household headed by same-sex couples are also not eligible for any of the same rights given to opposite-sex married couples.
Lesbian, gay, bisexual, and transgender (LGBT) people living in Nauru may face legal and social challenges not experienced by non-LGBT residents. Same-sex sexual activity has been legal since May 2016, but there are no legal recognition of same-sex unions, or protections against discrimination in the workplace or the provision of goods and services.
Lesbian, gay, bisexual, and transgender (LGBT) people in Palau do not possess the same legal protections as non-LGBT residents, and may face social challenges that are not experienced by others. Same-sex sexual activity has been legal in Palau since 23 July 2014, when the current Penal Code took effect, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples. Same-sex marriage is constitutionally banned, and there are no anti-discrimination laws concerning sexual orientation and gender identity.
This is a list of notable events in the history of LGBT rights that took place in the year 2021.