LGBTQ rights in the Gambia
LGBTQ rights in the Gambia | |
|---|---|
.svg) | |
| 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]
Laws on same-sex sexual activity
[edit]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]
"Aggravated" offences
[edit]![[icon]](/wiki/File:Wiki_letter_w_cropped.svg){kind=small} | This section is empty. You can help by adding to it. (December 2022) |
Gender identity and expression
[edit]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]
Discrimination protections
[edit]The Gambia has no law or regulation in place for protection of residents against discrimination based on sexual orientation or gender identity.[5]
Cases of enforcement
[edit] | This section needs to be updated. (December 2022) |
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]
Family and relationship policy
[edit]Recognition of same-sex relationships
[edit]Same-sex couples have no legal recognition.
Adoption
[edit]The Gambia prohibits LGBTQ people from adopting children.[19]
Living conditions
[edit] | This section needs expansion. You can help by adding to it. (December 2022) |
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]
Political stances
[edit]2008–2017
[edit]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]
Current leaders
[edit]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]
Summary table
[edit]| 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 |
|
See also
[edit]
Notes
[edit]- ^ Relevant provisions of Chapter XV of The Gambia Criminal Code (Act No. 25 of 1933),[30] as amended by the Criminal Code (Amendment) Act, 2005, are:[31]
§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.
References
[edit]- ^ a b c d ILGA (2020).
- ^ a b c Guardian AP (2014).
- ^ a b c Global Legal Monitor (2014).
- ^ "The Gambia". Human Dignity Trust. 15 February 2019. Retrieved 25 August 2023.
- ^ a b Human Rights Report (2021).
- ^ a b Thompson (2015).
- ^ Le Monde − AFP (2020).
- ^ "Gambia: Events of 2017". Share this via Facebook. 21 December 2017.
- ^ German Bundestag (2006).
- ^ Itaborahy (2012).
- ^ Gambia Gazette (2005).
- ^ News.com (2013).
- ^ "Two Spanish caught in the Gambia after President called for the death of homosexuals". Afrik-news.com.
- ^ a b Tony Grew (6 January 2009). "Dutchman fined for gay "indecency" in Gambia".
- ^ Sanna Jawara (5 January 2009). "Dutch home sexual [sic] fined D100,000, says he has no means to pay". Daily Observer. Archived from the original on 26 July 2012. Retrieved 15 August 2012.
- ^ "Arrested Gambian Gays Remanded". Jollof News. Archived from the original on 25 June 2012.
- ^ Jenkin, Matthew (19 July 2012). "Police testify against gay men arrested in Gambia". Gay Star News. Archived from the original on 12 June 2019. Retrieved 22 May 2020.
- ^ Botha (2021), pp. 67–69.
- ^ Bureau of Consular Affairs (2009).
- ^ Human Rights Report (2011).
- ^ "President plans to kill off every single homosexual". Afrik-News. 19 May 2008. Archived from the original on 4 May 2010. Retrieved 22 May 2008.
- ^ "No room for gays in the Gambia", Daily Observer, reported by Alhagie Jobe, 19 May 2008 Archived 19 July 2012 at the Wayback Machine
- ^ "Dialogue with the People Tour". Office of the Gambian President: State House Online. 15 May 2008. Archived from the original on 14 December 2012. Retrieved 16 August 2012.
- ^ "President Jammeh Gives Ultimatum for Homosexuals to Leave", The Point, reported by Abba Gibba, 19 May 2008
- ^ M. Faye; Ebrima Jallow (7 December 2009). "Jammeh Threatens To Sack Gay And Lesbian Soldiers In Gambia". Freedom Press. Archived from the original on 23 January 2013.
- ^ Mamba (2017).
- ^ Jawo (2017).
- ^ Chronicle (2020).
- ^ Bah (2018).
- ^ Criminal Code (1933).
- ^ Amendment Act (2005).
Government and NGO reports
[edit]- German Bundestag (28 November 2006). Criminal law provisions on homosexuality and their application around the world (PDF) (Report) (16th Electoral Term ed.). Printed Paper 16/3597. Archived from the original (PDF) on 3 January 2013.
- Thompson, Felicity (2015). "V. Persecution of LGBT People" (PDF). State of fear: Arbitrary arrests, torture, and killings (Report). New York: Human Rights Watch. pp. 49–57. ISBN 978-1-6231-32699. Retrieved 20 December 2022.
ILGA
[edit]- Botha, Kellyn (14 December 2021). Ramón Mendos, Lucas (ed.). Our Identities Under Arrest: A global overview on the enforcement of laws criminalising consensual same-sex sexual acts between adults and diverse gender expressions (PDF) (Report) (First ed.). Geneva: ILGA World. pp. 67–69. Via ILGA World website. Retrieved 14 November 2022. PDF available in English and Spanish
- Itaborahy, Lucas Paoli, ed. (May 2012). State Sponsored Homophobia: A world survey of laws criminalising same-sex sexual acts between consenting adults (PDF) (Report). International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA World). pp. 28−29. Archived from the original on 11 June 2012.
- Ramón Mendos, Lucas; Botha, Kellyn; Carrano Lelis, Rafael; López de la Peña, Enrique; Savelev, Ilia; Tan, Daron (2020). State-Sponsored Homophobia: Global Legislation Overview (PDF) (Report) (14th [Updated] ed.). Geneva: International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA World). pp. 116, 171. Retrieved 14 November 2022.
U.S. Department of State
[edit]- Bureau of Democracy, Human Rights, and Labor: "Section 6. Discrimination and Societal Abuses". Country Reports on Human Rights Practices: The Gambia (Reports; 2011, 2019–2021). United States Department of State.
- 2021 Human Rights Practices: The Gambia (Report). 2021.
- 2020 Human Rights Practices: The Gambia (Report). 2020.
- 2019 Human Rights Practices: The Gambia (Report). 2019.
- 2011 Human Rights Practices: The Gambia (Report). 2011. p. 24. PDF download
- Bureau of Consular Affairs (November 2009). Intercountry Adoption: The Gambia (Report). U.S. Department of State. Archived from the original on 21 February 2014.
Legislation sources
[edit]- Gambia - Criminal Code (Act No. 25 of 1933)
- "Criminal Code (Amendments) Act, 2005" (PDF), The Gambia Gazette, 2005 (13), 2 August 2005, Supplement "C"
- Gambia - Criminal Code (Amendment) Act, 2005. No. 3 of 2005.
Media and news reports
[edit]- "Gambia outlaws cross-dressing". news.com.au. Nationwide News Pty Ltd. 17 April 2013. Retrieved 13 December 2020.
- "The Gambia passes bill imposing life sentences for some homosexual acts". The Guardian. Associated Press. 8 September 2014.
- "Gambia: Law Enacted Making Aggravated Homosexuality a Crime". Global Legal Monitor. Washington: Library of Congress. 26 November 2014. Retrieved 14 November 2022.
- Jawo, Kaddijatou J (14 February 2017). "Homosexuality not an issue in Gambia, says President Barrow". The Point. Archived from the original on 1 September 2022. Retrieved 21 December 2022.
- "Relief as Gambia's new president says homosexuality 'not an issue'". MambaOnline. 15 February 2017.
- Bah, Omar (30 April 2018). "'Barrow LGBT Statement Blown Out of Proportion'". Standard News – from The Gambia. Archived from the original on 14 November 2022. Retrieved 14 November 2022.
- "Nay Sayers Dominate LGBT Debate in Gambia as EU Calls for Tolerance". The Chronicle Gambia. 23 May 2020. Archived from the original on 14 November 2022. Retrieved 14 November 2022.
- Le Monde − AFP (24 June 2020). "Banjul dément vouloir décriminaliser l'homosexualité après une vive polémique en Gambie". Le Monde (in French). Agence France-Presse (AFP). Archived from the original on 19 October 2022. Retrieved 23 December 2022.
Further reading
[edit]- "Where is it illegal to be gay?". BBC. 10 February 2014.
- Morgan, Michaela (19 May 2017). "Politicians push to scrap Gambia's harsh anti-gay legislation". SBS News. Retrieved 14 November 2022.
- The Point staff (22 January 2020). "TRRC witness calls for inclusion of gay, lesbian rights in new constitution". The Point. Retrieved 14 November 2022.