LGBTQ rights in the Gambia | |
---|---|
Status | Illegal: |
Penalty | Imprisonment for term of up to life imprisonment [2] [3] |
Gender identity | No |
Military | No |
Discrimination protections | None |
Family rights | |
Recognition of relationships | No |
Adoption | No |
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the Gambia face significant challenges not experienced by non-LGBTQ residents. [4] Same-sex sexual activity is illegal for both men and women in the Gambia. Criminalisation commenced under the colonial rule of the British. The 1933 Criminal Code provides penalties of prison terms of up to fourteen years. In 2014, the country amended its code to impose even harsher penalties of life imprisonment for "aggravated" cases. The gender expression of transgender individuals is also legally restricted in the country. While the United States Department of State [5] reports that the laws against homosexual activity are not "actively enforced", arrests have occurred; the NGO Human Rights Watch, reports regular organised actions by law enforcement against persons suspected of homosexuality and gender non-conformity. [6]
Anti-gay rhetoric from leaders — notably by Yahya Jammeh, the president until 2017 — has contributed to a hostile environment for LGBTQ persons, who are subject to official and societal harassment and abuses. There are laws against men dressing as women, effectively discriminating against transgender women. The Gambia makes no provision for any official change of gender for its citizens and has no discrimination protections in place. Statements from government sources including the current president Adama Barrow, indicate there are no plans for any liberalisation of laws regarding homosexuality. [1] [7] However his government promised not to prosecute same-sex couples for consensual sexual acts. [8]
The criminalisation of same-sex sexual conduct began[ citation needed ] in Gambia's colonial era, when it was under British control as the Gambia Colony and Protectorate. The colonial Criminal Code (1933) of Gambia was implemented in 1934; its provisions, proscribing consensual sexual activity between males as "carnal knowledge against the order of nature" have remained in force to the present. [a] Amendments to the code have included changes to criminalise sexual behavior between women as "gross indecency" by the Criminal Code (Amendment) Act, 2005, [1] [9] [10] [11] and 2014 provisions dealing with "aggravated" homosexual offences that attract higher penalties, including the possibility of life imprisonment. [2] [3]
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The Gambia does not allow citizens to change their legal gender. Since 2013, the country has restricted freedom of gender expression under section 167 of the Criminal Code, which forbids men to dress "as women"; cross-dressing is punishable by up to 5 years in jail or a fine of 50,000 Gambian dalasi. [6] [12]
The Gambia has no law or regulation in place for protection of residents against discrimination based on sexual orientation or gender identity. [5]
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Two Spanish men in their 50s, alleged to be gay, were arrested by Gambian police and detained at Kotu police station in June 2008. "According to ... sources, the Spanish contacted two taxi drivers and asked to be taken to where they can meet with homosexuals, saying they were willing to pay any amount, which the drivers agreed. The sources further said the drivers asked the Spanish to wait, that they were going to search for homosexuals. When they left, the men changed their minds and decided to contact the police at the Kotu Police Station, who arrested the Spanish." [13] The men were subsequently released, reportedly after the Spanish government intervened. [14]
On 23 December 2008, Frank Boers, a 79-year-old man from the Netherlands, was arrested at Banjul International Airport when officials found him in possession of pornography, including nude pictures of himself and some Gambian men. A Banjul court found Boers guilty of indecency with those men and sentenced him to pay 100,000 Gambian dalasis (£2,500) in lieu of a two-year prison sentence. [14] After the sentencing, Boers told the prosecutor that he would prefer prison to the fine because he had no means to pay the fine. [15]
On 10 April 2012, a court remanded in custody 18 purportedly homosexual men who were arrested on 9 April at a bar in the Tourism Development Area. The men — 16 from Senegal, one from the Gambia, and one from Nigeria — were charged with "indecent practice among themselves at a public place". [16] According to police testimony in court in July 2012, the arrests were made because men were "wearing women's clothes", carrying handbags, and "walking like ladies". [17] On 1 August 2012, the prosecutor dropped all charges in the case. [18]
Same-sex couples have no legal recognition.
The Gambia prohibits LGBTQ people from adopting children. [19]
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The U.S. Department of State's 2011 Human Rights Report found that "there was strong societal discrimination against LGBTQ individuals, some of whom were shunned", although "there were no reported incidents of physical violence against LGBTQ individuals during the year". The report also found that there were no LGBTQ organizations in the country at the time. [20]
Former Gambian President Yahya Jammeh said in May 2008 that laws "stricter than those in Iran" against homosexuals would soon be introduced and vowed to "cut off the head" of any homosexual caught in the country. [21] On 15 May 2008, Jammeh gave homosexuals 24 hours to leave the country. He also commanded "all those who harbour such individuals to kick them out of their compounds, noting that a mass patrol will be conducted on the instructions of the [Inspector General of Police] ... and the director of the Gambia Immigration Department to weed bad elements in society". He said, "Any hotel, lodge[,] or motel that lodges this kind of individuals will be closed down, because this act is unlawful. We are in a Muslim dominated country and I will not and shall never accept such individuals in this country". [22] [23] [24]
President Jammeh said in a speech before newly promoted army chiefs on 7 December 2009, "We will not encourage lesbianism and homosexuality in the military. It is a taboo in our armed forces. I will sack any soldier suspected of being a gay or lesbian in the Gambia. We need no gays in our armed forces." Jammeh advised the army chiefs to monitor the activities of their men and deal with soldiers bent on practicing lesbianism in the military. [25]
President of the Gambia since 2017 Adama Barrow, commented on LGBTQ rights early in his presidency, saying that "homosexuality is not an issue in Gambia"; these less inflammatory comments than those regularly voiced by Jammeh, have been interpreted as displaying less hostility to the LGBTQ community. LGBTQ community members expressed their hope this indicated that improved conditions for them compared to those under the previous regime. [26] [27] A speech Barrow gave on a visit to the European Union in 2020 was reported to have caused alarmed reactions in the Gambia, by appearing to some constituents as too conciliatory towards the LGBTQ community and pro-LGBTQ rights. [28] The president's officials played down any implication that the government would move to improve LGBTQ rights. [29]
Same-sex sexual activity legal | Penalty: up to life in prison [2] [3] |
Equal age of consent | |
Anti-discrimination laws in employment only | |
Anti-discrimination laws in the provision of goods and services | |
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech) | |
Same-sex marriages | |
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 | |
Unrestricted gender expression | It is illegal for men to dress as women |
Access to IVF for lesbians | |
Commercial surrogacy for gay male couples | |
MSMs allowed to donate blood |
§144: "Unnatural offences"
(1) Any person who
(a) has carnal knowledge of any person against the order of nature; or [...]
(c) permits any person to have carnal knowledge of him or her against the order of nature; is guilty of a felony, and is liable to imprisonment for a term of 14 years.
(2) In this section — "carnal knowledge of any person against the order of nature" includes:
(a) carnal knowledge of the person through the anus or the mouth of the person;
(b) inserting any object or thing into the vulva or the anus of the person for the purpose of simulating sex; and
(c) committing any other homosexual act with the person.
[§145: Any person who attempts to commit any of the offenses specified in Section 144 is guilty of a felony and is liable to imprisonment for a term of seven years.]
[...]
§147: "Indecent practices"
(1) Any male person who, whether in public or private, commits an "act of gross indecency" with another male person or procures another male person to commit an act of this kind with him, or attempts to procure another male person to commit such an act with himself or another male person, is guilty of a misdemeanour and liable to imprisonment for a term of five years.
(2) Any female person who, whether in public or private, commits an "act of gross indecency" with another female person or procures another female person to commit an act of this kind with her, or attempts to procure another female person to commit such an act with herself or another female person, is guilty of a misdemeanour and liable to imprisonment for a term of five years.
(3) The term "act of gross indecency" includes any homosexual act.
Lesbian, gay, bisexual, and transgender (LGBTQ) people in Ghana face severe challenges not experienced by non-LGBTQ residents. Sexual acts between males have been illegal as "unnatural carnal knowledge" in Ghana since the colonial era. The majority of Ghana's population hold anti-LGBTQ sentiments. Physical and violent homophobic attacks against LGBTQ people occur, and are often encouraged by the media and religious and political leaders. At times, government officials, such as police, engage in such acts of violence. Young gay people are known to be disowned by their families and communities and evicted from their homes. Families often seek conversion therapy from religious groups when same-sex orientation or non-conforming gender identity is disclosed; such "therapy" is reported to be commonly administered in abusive and inhumane settings.
Lesbian, gay, bisexual and transgender (LGBT) people in the United Arab Emirates face discrimination and legal challenges. Homosexuality is illegal in the United Arab Emirates (UAE) and under the federal criminal provisions, consensual same-sex sexual activity is punishable by imprisonment; extra-marital sexual activity between persons of different sexes is also illegal. In both cases, prosecution will only be brought if a husband or male guardian of one of the participants makes a criminal complaint. The penalty is a minimum of six months imprisonment; no maximum penalty is prescribed, and the court has full discretion to impose any sentence in accordance with the country's constitution.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Zimbabwe face legal challenges not experienced by non-LGBTQ residents. Since 1995, the Government of Zimbabwe has carried out campaigns against LGBTQ rights. Sodomy is classified as unlawful sexual conduct and defined in the Criminal Code as either anal sexual intercourse or any "indecent act" between consenting adults. Since 1995, the government has carried out campaigns against both homosexual men and women.
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) people in Ethiopia face significant challenges not experienced by non-LGBTQ residents. Both male and female types of same-sex sexual activity are illegal in the country, with reports of high levels of discrimination and abuses against LGBTQ people. Ethiopia has a long history of social conservatism and same-sex sexual activity is considered a cultural taboo.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Tanzania face severe challenges not experienced by non-LGBTQ residents. Homosexuality in Tanzania is a socially taboo topic, and same-sex sexual acts are criminal offences, punishable with life imprisonment. The law also criminalizes heterosexuals who engage in oral sex and anal intercourse. According to the 2007 Pew Global Attitudes Project, 95% of Tanzanian residents believed that homosexuality is a way of life that society shouldn't accept, which was the 7th-highest rate of non-acceptance in the 45 countries surveyed. Meanwhile, an Afrobarometer 2020 poll indicated that only 10% of Tanzanians would be tolerant of someone with a different sexual orientation. This was among the lowest in Africa, but higher than the 2007 poll.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Benin face legal challenges not experienced by non-LGBTQ residents. Although same-sex sexual acts for both men and women are legal in Benin, homosexuals continue to face widespread persecution and are rarely open about their sexuality. They are also considered by many as deviants, and homosexuality is often called a disease brought by white people to the country. LGBTQ persons additionally face stigmatization among the broader population.
Lesbian, gay, bisexual, and transgender (LGBT) people in Dominica face legal challenges not experienced by non-LGBTQ residents. Homosexuality has been legal since 2024, when the High Court struck down the country's colonial-era sodomy law. Dominica provides no recognition to same-sex unions, whether in the form of marriage or civil unions, and no law prohibits discrimination on the basis of sexual orientation or gender identity.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Malawi face legal challenges not experienced by non-LGBTQ 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". Homosexuality among men is punishable by up to 14 years in prison in the country, while homosexuality among women is also punishable by up to five years in prison. There are no protections for LGBTQ rights in the country.
Lesbian, gay, bisexual, and transgender (LGBT) people in Papua New Guinea face legal challenges not experienced by non-LGBTQ residents. Male same-sex sexual activity is illegal, punishable by up to 14 years' imprisonment. The law is rarely enforced, but arrests still do happen, having occurred in 2015 and 2022. There are no legal restrictions against lesbian sex in the country.
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.
Uganda's lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights record is considered one of the world's worst. Same-sex sexual activity is illegal for both men and women in Uganda. It was originally criminalised by British colonial laws introduced when Uganda became a British protectorate, and these laws have been retained since the country gained its independence. Additionally being transgender, or gender diverse is illegal in accordance with the 2023 AHA.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Africa are generally poor in comparison to the Americas, Western Europe, and Oceania.
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.
A sodomy law is a law that defines certain sexual acts as crimes. The precise sexual acts meant by the term sodomy are rarely spelled out in the law, but are typically understood and defined by many courts and jurisdictions to include any or all forms of sexual acts that are illegal, illicit, unlawful, unnatural and immoral. Sodomy typically includes anal sex, oral sex, manual sex, and bestiality. In practice, sodomy laws have rarely been enforced to target against sexual activities between individuals of the opposite sex, and have mostly been used to target against sexual activities between individuals of the same sex.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Mozambique face legal challenges not faced by non-LGBTQ 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) people living in Saint Lucia face legal challenges not experienced by non-LGBTQ members of the population. Same-sex sexual activity is illegal for males, though the law is not enforced.
Queer Cyprus Association is an LGBTQ rights organisation in Northern Cyprus aimed to deal with criminal law amendments of TRNC which criminalises same-sex relationships. They seek equal human rights including to "fully decriminalize homosexuality, equalize the age of consent and better protect LGBTQ people under the law.”
Lesbian, gay, bisexual, and transgender (LGBT) people in Grenada face social and 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, 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.