Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Mali face severe legal and societal challenges not experienced by non-LGBTQ residents. 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. The Constitution of Mali has outlawed same-sex marriage since 2023, and the Malian penal code has criminalized homosexuality since 2024.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Burkina Faso face legal issues not experienced by non-LGBTQ citizens. Although same-sex sexual acts are legal for both men and women in Burkina Faso, there is no legal recognition of same-sex marriage or adoption rights.
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 a 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 continue to persist today in the form of discrimination, violence, and even death.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Pakistan face legal and social difficulties and persecution compared to non-LGBTQ persons. Pakistani law prescribes criminal penalties for same-sex sexual acts.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) 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 LGBTQ people.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Botswana face legal issues not experienced by non-LGBTQ 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, transgender, and queer (LGBTQ) people in Eritrea face severe challenges not experienced by non-LGBTQ residents. Homosexual acts are illegal in Eritrea; typically punishable by up to three years in prison. LGBTQ persons are reportedly prosecuted by the government and additionally face hostility amongst the broader population. The government also restricts freedom of expression and encourages the censorship of LGBTQ issues.
Lesbian, gay, bisexual, and transgender (LGBT) people in Turkmenistan face active discrimination and stigmatization compared to non-LGBT residents. Turkmenistan is one of the only two post-Soviet states where male homosexual activity remains criminalized, along with Uzbekistan.
Lesbian, gay, bisexual and transgender (LGBT) people in Bhutan face legal challenges that are not faced by non-LGBTQ 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, transgender, and queer (LGBTQ) people are generally discriminated against in Libya. Homosexual activity is criminalised for both men and women within Libya, and homophobic attitudes are prevalent throughout the country. Since the fall of the Gaddafi regime in 2011, the discriminatory laws regarding homosexuality in Libya remain unchanged.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Madagascar face discrimination and legal challenges not experienced by non-LGBTQ residents. While same-sex sexual activity is legal among individuals above the age of 21, most civic liberties such as the rights to get married and adopt children are not afforded to LGBTQ individuals.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Somalia face severe challenges not experienced by non-LGBTQ 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. LGBTQ 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, transgender, and queer (LGBTQ) people in Eswatini have limited legal rights. According to Rock of Hope, a Swati LGBTQ advocacy group, "there is no legislation recognising LGBTIs or protecting the right to a non-heterosexual orientation and gender identity and as a result [LGBTQ 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, transgender, and queer (LGBTQ) people in Zambia face significant challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is illegal for both men and women in Zambia. Formerly a colony of the British Empire, Zambia inherited the laws and legal system of its colonial occupiers upon independence in 1964. Laws concerning homosexuality have largely remained unchanged since then, and homosexuality is covered by sodomy laws that also proscribe bestiality. Social attitudes toward LGBTQ people are mostly negative and coloured by perceptions that homosexuality is immoral and a form of insanity. However, in recent years, younger generations are beginning to show positive and open minded attitudes towards their LGBTQ peers.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Guinea-Bissau face legal challenges not experienced by non-LGBTQ 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, transgender, and queer (LGBTQ) people in Liberia face legal and social challenges which others in the country do not experience. LGBTQ people in Liberia encounter widespread discrimination, including harassment, death threats, and at times physical attacks. Several prominent Liberian politicians and organizations have campaigned to restrict LGBTQ rights further, while several local, Liberian-based organizations exist to advocate and provide services for the LGBTQ community in Liberia. Same-sex sexual activity is criminalized regardless of the gender of those involved, with a maximum penalty of three years in prison, and same-sex marriage is illegal.
Naz Foundation v. Govt. of NCT of Delhi (2009) is a landmark Indian case decided by a two-judge bench of the Delhi High Court, which held that treating consensual homosexual sex between adults as a crime is a violation of fundamental rights protected by India's Constitution. The verdict resulted in the decriminalization of homosexual acts involving consenting adults throughout India. This was later overturned by the Supreme Court of India in Suresh Kumar Koushal vs. Naz Foundation, in which a 2 judge bench reinstated Section 377 of the Indian Penal Code. However, even that was overturned by a 5 judge bench in Navtej Singh Johar v. Union of India in 2018, decriminalizing homosexuality once again.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in South Sudan face legal and societal challenges not experienced by non-LGBTQ residents. Male same-sex sexual activity is illegal and carries a penalty of up to 10 years' imprisonment. Active enforcement of the law is not pursued by authorities: No prosecutions are known to have occurred since South Sudan gained its independence in 2011. LGBTQ persons are met with abuse and discrimination from agents of the government and additionally face stigmatisation among the broader population.
The majority of the countries of the Commonwealth of Nations, formerly known as the British Commonwealth, still criminalise sexual acts between consenting adults of the same sex and other forms of sexual orientation, gender identity and expression. Homosexual activity remains a criminal offence in 29 of the 56 sovereign states of the Commonwealth; and legal in only 27.
Capital punishment as a criminal punishment for homosexuality has been implemented by a number of countries in their history. It is a legal punishment in several countries and regions, all of which have Islamic-based criminal laws, except for Uganda.
