LGBTQ 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-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.
The Penal Code which remained in force after the independence from Portugal was repealed in 1993 with the enactment of a new Code (Law-decree No. 4/93) which contains no provisions criminalising consensual same-sex sexual acts between adults.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 a LGBTQ+ rights organization.
Lesbian, gay, bisexual, and transgender (LGBT) people in Chad face legal challenges not experienced by non-LGBTQ 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 Mali face legal and societal challenges not experienced by non-LGBTQ 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. The Constitution of Mali has outlawed same-sex marriage since 2023.
Lesbian, gay, bisexual, and transgender (LGBT) people in the Democratic Republic of the Congo (DRC) face discrimination and legal challenges not experienced by non-LGBTQ 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-LGBTQ 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 Gabon face legal challenges not experienced by non-LGBTQ residents. Except for a period between July 2019 and June 2020, same-sex sexual activity has generally been legal in Gabon.
Lesbian, gay, bisexual, and transgender (LGBT) people in Albania face legal challenges not experienced by non-LGBT residents, although LGBT people are protected under comprehensive anti-discrimination legislation. Both male and female same-gender sexual activities have been legal in Albania since 1995, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-gender couples, with same-sex unions not being recognized in the country in any form.
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 LGBTQ 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 LGBTQ people.
Lesbian, gay, bisexual, and transgender (LGBT) people in Burundi face legal challenges not experienced by non-LGBTQ 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 the Gambia face significant challenges not experienced by non-LGBT residents. 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 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.
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Lesbian, gay, bisexual, and transgender (LGBT) rights in Africa are generally poor in comparison to the Americas, Western Europe and Oceania.
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Lesbian, gay, bisexual, and transgender (LGBT) people in Equatorial Guinea face legal challenges not experienced by non-LGBTQ 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-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.
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