LGBT rights in Mali | |
---|---|
Status | Legal |
Gender identity | No |
Military | No |
Discrimination protections | None |
Family rights | |
Recognition of relationships | No |
Restrictions | Same-sex marriage constitutionally banned since 2023 [1] |
Adoption | No |
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. [2] According to the 2007 Pew Global Attitudes Project, 98 percent [lower-alpha 1] 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. [3] The Constitution of Mali has outlawed same-sex marriage since 2023. [1]
The United States Department of States points to laws in Mali which prohibit "attacks on morality", and states these laws are used to target LGBT persons; these laws are actively enforced. [4]
Private, adult, consensual and non-commercial same-sex sexual acts are legal in Mali and have never been criminalised. [5] [6] While legal, the prevailing cultural and religious beliefs of most Mali citizens view same-sex sexual activity and non-traditional gender roles as immoral. [2]
There are provisions against "public outrages on decency", under which LGBT and transgender individuals are disproportionately prosecuted. Article 224 of the Code pénal allows for penalties of up to two years in prison and a fine of up to 200,000 FCFA (West African CFA francs) for offences. [7] [ non-primary source needed ] It may be used against LGBT people who engage in public displays of affection, for example.
The age of consent is set at 15 years; it does not differ for same-sex participants.
There are no anti-discrimination laws to protect the LGBT community from harassment and abuse on the basis of sexual orientation and gender identity. [8] Also, societal discrimination is widespread. [9]
Article 522 of the "Code des Personnes et de la Famille", which was passed by the National Assembly on 2 December 2011 and subsequently signed into the law by the president of Mali, forbids same-sex couples from adopting children. [9] [10] [11] [12]
Mali's new constitution, adopted by referendum in June 2023, includes a clause limiting marriage to a union of one man and one woman. [1] [13]
According to Dr. Dembelé Bintou Keita, the director of ARCAD/SIDA, an HIV/AIDS organization in Mali that provides health care for men who have sex with men (MSM), Malian society is not tolerant to MSM. They "have no rights and certainly no right to claim their sexual orientation. All cultural beliefs towards MSM are negative." MSM are forced into bisexuality or underground sexual practices that put them at high risk of sexually transmitted and HIV infections. "Men who are attracted to other men are forced to get married so that they will not bring shame to the family ... but they still have men as sexual partners." [14]
The U.S. Department of State's 2011 human rights report found that, [9]
There were no publicly visible lesbian, gay, bisexual, and transgender (LGBT) organizations in the country. The free association of LGBT organizations was impeded by a law prohibiting association "for an immoral purpose"; in 2005 the then governor of the District of Bamako cited this law to refuse official recognition to a gay rights association.
Same-sex sexual activity legal | (Always legal) |
Equal age of consent (15) | (Always equal) |
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 | (Constitutional ban on same-sex marriage since 2023) [1] |
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 |
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 the Central African Republic face legal and social challenges not experienced by non-LGBT residents. Both male and female types of same-sex sexual activity are legal in the Central African Republic, but LGBT persons still face discrimination among the broader population.
Lesbian, gay, bisexual, and transgender (LGBT) people in Burkina Faso face legal issues not experienced by non-LGBT 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.
Lesbian, gay, bisexual, and transgender (LGBT) people in Kenya face significant challenges not experienced by non-LGBT residents. Sodomy is a felony per Section 162 of the Kenyan Penal Code, punishable by 21 years' imprisonment, and any sexual practices are a felony under section 165 of the same statute, punishable by 5 years' imprisonment. On 24 May 2019, the High Court of Kenya refused an order to declare sections 162 and 165 unconstitutional. The state does not recognise any relationships between persons of the same sex; same-sex marriage is banned under the Kenyan Constitution since 2010. There are no explicit protections against discrimination on the basis of sexual orientation and gender identity. Adoption is restricted to heterosexual couples only.
Lesbian, gay, bisexual, and transgender (LGBT) people in Luxembourg have the same legal rights as non-LGBT people. Partnerships, which grant many of the benefits of marriage, have been recognised since 2004. In June 2014, the Luxembourgish Parliament passed a law enabling same-sex marriage and adoption rights, which took effect on 1 January 2015. Additionally, discrimination on the basis of sexual orientation and "change of sex" in employment, healthcare and the provision of goods and services is outlawed, and transgender people are allowed to change their legal gender on the basis of self-determination.
Lesbian, gay, bisexual, and transgender (LGBT) people in Ethiopia face significant challenges not experienced by non-LGBT 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 LGBT people. Ethiopia has a long history of social conservatism and same-sex sexual activity is considered a cultural taboo.
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 Comoros face legal challenges not experienced by non-LGBT residents. LGBT persons are regularly prosecuted by the government and additionally face stigmatization among the broader population.
Lesbian, gay, bisexual, and transgender (LGBT) persons 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 criminalised, along with Uzbekistan.
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 the Ivory Coast face legal challenges not experienced by non-LGBT residents. Both male and female types of same-sex sexual activity are legal in Ivory Coast, 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) people in Zambia face challenges not experienced by non-LGBT 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 LGBT 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 LGBT peers.
Lesbian, gay, bisexual, and transgender (LGBT) people are generally discriminated against in the Maldives.
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 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 Togo face legal challenges not experienced by non-LGBT residents. Both male and female forms of same-sex sexual activity are illegal in Togo, with no legal recognition for same-sex marriage or adoption rights.
Lesbian, gay, bisexual, and transgender (LGBT) people in Sierra Leone face legal challenges not experienced by non-LGBT residents. Male same-sex sexual activity is illegal in Sierra Leone and carries a possible penalty of life imprisonment, although this law is seldom enforced.
Lesbian, gay, bisexual, and transgender (LGBT) people in Micronesia may face legal difficulties not experienced by non-LGBT residents. Households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples, as same-sex marriage and civil unions are not recognized. Discrimination on the basis of sexual orientation has been illegal since 2018.
Lesbian, gay, bisexual, and transgender (LGBT) people in Tuvalu face legal difficulties not experienced by non-LGBT residents. Sections 153, 154 and 155 of the Penal Code outlaw male homosexual intercourse with a penalty of up to 14 years in prison, but the law is not enforced. Employment discrimination on the basis of sexual orientation has been banned since 2017. Since 2023, the Constitution of Tuvalu has banned same-sex marriage.
Lesbian, gay, bisexual, and transgender (LGBT) people in South Sudan face legal and societal challenges not experienced by non-LGBT residents. Male same-sex sexual activity is illegal and carries a penalty of up to ten 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. LGBT persons are met with abuse and discrimination from agents of the government and additionally face stigmatisation among the broader population.
Section 7 – Des attentats aux mœurs. Paragraphe 1 – De l'outrage public à la pudeur
Art. 224 "Any act performed publicly, offending modesty and the moral sentiment of individuals who are involuntary witnesses to it, and capable of disturbing public order and cause manifest social harm, is a public contempt of modesty.
—Indecent offence, committed publicly and intentionally, shall be punished by imprisonment of three months to two years, and a fine of 20,000 to 200,000 FCFA; or one of these two sentences only."— Article 224, Code pénal (Loi n°01-79 du 20 août 2001) [Translated from the French]
SECTION V: Indecent Offences—Outrage of Public Decency: Article 179