LGBT rights in Guinea-Bissau | |
---|---|
Status | Legal since 1993 |
Gender identity | No |
Military | No |
Discrimination protections | None |
Family rights | |
Recognition of relationships | No recognition of same-sex unions |
Adoption | No |
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.
The Penal Code which remained in force after the independence from Portugal was repealed in 1993 with the enactment of a new Code (Law-decree No. 4/93) which contains no provisions criminalising consensual same-sex sexual acts between adults. [1]
In December 2008, Guinea-Bissau became one of 66 nations to sign the "United Nations Statement on Human Rights, Sexual Orientation and Gender Identity", which supports decriminalization of homosexuality and transgender identity. [2]
The U.S. Department of State's 2011 Human Rights Report found that, "the law (in 2011) only recognized heterosexual married couples as entitled to larger government housing." [3]
According to a website of the French government, single and married people are eligible to adopt children. The website does not say whether LGBT people are disqualified. [4]
Of 19 African countries surveyed in 2010, Guinea-Bissau was one of the most tolerant about homosexual behavior. Nine percent in Guinea-Bissau said that homosexual behavior was morally acceptable, with fifteen percent saying it was not an issue. [5]
The U.S. Department of State's 2012 human rights report found that, [6]
There are no laws that criminalize sexual orientation. Antidiscrimination laws do not apply to lesbian, gay, bisexual, and transgender individuals. There were no reported violent incidents or other human rights abuses targeting individuals based on their sexual orientation or identity. There was no official discrimination based on sexual orientation or gender identity in employment or access to education and health care. However, according to government guidelines for civil servants' housing allowances, only heterosexual married couples were entitled to family-size housing, while same-sex couples received the single person allotment. Social taboos against homosexuality sometimes restricted freedom to express sexual orientation, yet society was relatively tolerant of consensual same-sex conduct, according to a 2010 study by the Pew Research Center.
In 2018, a local NGO director stated that there were some cases of violence targeting people based on their sexual orientation or gender identity and stressed that Guinea-Bissau lacks legal protections for LGBTI people. [7]
Same-sex sexual activity legal | (Since 1993) |
Equal age of consent | (Since 1993) |
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 | [8] |
The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) is an organization which is committed to advancing human rights to all people, disregarding gender identity, sex characteristics and expression. ILGA participates in a multitude of agendas within the United Nations, such as creating visibility for LGBTI issues by conducting advocacy and outreach at the Human Rights Council, working with members to help their government improve LGBTI rights, ensuring LGBTI members are not forgotten in international law, and advocating for LBTI women's issues at the Commission on the Status of Women.
Lesbian, gay, bisexual, and transgender (LGBT) people in Chad face legal challenges not experienced by non-LGBT residents. Both male and female forms of same-sex sexual activity are illegal in the country. Before the new penal code took effect in August 2017, homosexual activity between adults had never been criminalised. There is no legal protection against discrimination based on sexual orientation and gender identity.
Lesbian, gay, bisexual, and transgender (LGBT) people in Niger face legal challenges not experienced by non-LGBT residents. Although same-sex sexual activity is legal, the Nigerien LGBT community faces stigmatization among the broader population.
Lesbian, gay, bisexual, and transgender (LGBT) people in Mali face legal and societal challenges not experienced by non-LGBT residents. Although same-sex sexual activity is not illegal in Mali, LGBT people face widespread discrimination among the broader population. According to the 2007 Pew Global Attitudes Project, 98 percent of Malian adults believed that homosexuality is considered something society should not accept, which was the highest rate of non-acceptance in the 45 countries surveyed.
Lesbian, gay, bisexual, and transgender (LGBT) people in the Democratic Republic of the Congo (DRC) face discrimination and legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal for both males and females in the Democratic Republic of the Congo, although LGBT individuals may still be targeted for prosecution under public indecency provisions on occasion.
Lesbian, gay, bisexual, and transgender (LGBT) people in the Republic of the Congo face legal challenges not experienced by non-LGBT residents. Both male and female expressions of homosexuality are legal in the Republic of the Congo, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples, with reports of discrimination and abuses towards LGBT people.
Lesbian, gay, bisexual, and transgender (LGBT) people in Kazakhstan face legal challenges not experienced by non-LGBT citizens. Both male and female same-sex sexual activity are legal in Kazakhstan, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married 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 greater protections than those in many other African countries. 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 Burundi face legal challenges not experienced by non-LGBT citizens. While never criminalized before 2009, Burundi has since criminalized same-sex sexual activity by both men and women with a penalty up to two years in prison and a fine. LGBT persons are regularly prosecuted and persecuted by the government and additionally face stigmatisation among the broader population.
Lesbian, gay, bisexual, and transgender (LGBT) people in Somalia face severe challenges not experienced by non-LGBT residents. Consensual same-sex sexual activity is illegal for both men and women. In areas controlled by al-Shabab, and in Jubaland, capital punishment is imposed for such sexual activity. In other areas, where Sharia does not apply, the civil law code specifies prison sentences of up to three years as penalty. LGBT people are regularly prosecuted by the government and additionally face stigmatization among the broader population. Stigmatization and criminalisation of homosexuality in Somalia occur in a legal and cultural context where 99% of the population follow Islam as their religion, while the country has had an unstable government and has been subjected to a civil war for decades.
Lesbian, gay, bisexual, and transgender (LGBT) people in Eswatini have limited legal rights. According to Rock of Hope, a Swati LGBT advocacy group, "there is no legislation recognising LGBTIs or protecting the right to a non-heterosexual orientation and gender identity and as a result [LGBT people] cannot be open about their orientation or gender identity for fear of rejection and discrimination". Homosexuality is illegal in Eswatini, though this law is in practice unenforced. According to the 2021 Human Rights Practices Report from the US Department of State, "there has never been an arrest or prosecution for consensual same-sex conduct."
Lesbian, gay, bisexual, and transgender (LGBT) people in the Dominican Republic do not possess the same legal protections as non-LGBT residents, and face social challenges that are not experienced by other people. While the Dominican Criminal Code does not expressly prohibit same-sex sexual relations or cross-dressing, 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. Households headed by same-sex couples are also not eligible for any of the same rights given to opposite-sex married couples, as same-sex marriage is constitutionally banned in the country.
With the exceptions of some countries in Africa like South Africa, Cape Verde, Mauritius, Seychelles, Angola, Botswana, and Mozambique, lesbian, gay, bisexual, and transgender (LGBT) rights in Africa are limited in comparison to the Americas, Western Europe and Oceania.
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 Lesotho face legal challenges not experienced by non-LGBT residents. Lesotho does not recognise same-sex marriages or civil unions, nor does it ban discrimination on the basis of sexual orientation or gender identity.
Lesbian, gay, bisexual, and transgender (LGBT) people in Equatorial Guinea face legal challenges not experienced by non-LGBT residents. Both male and female kinds of same-sex sexual activity are legal in Equatorial Guinea, however LGBT persons face stigmatization among the broader population, and same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available as opposite-sex couples.
Lesbian, gay, bisexual and transgender (LGBT) people in Mozambique face legal challenges not faced by non-LGBT people. Same-sex sexual activity became legal in Mozambique under the new Criminal Code that took effect in June 2015. Discrimination based on sexual orientation in employment has been illegal since 2007.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Kyrgyzstan face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Kyrgyzstan, but same-sex couples and households headed by same-sex couples are ineligible for the same legal protections available to opposite-sex married couples.