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Algeria | Any person guilty of a homosexual act is punished with a term of imprisonment of between two months and two years and a fine of between 500 and 2000 Algerian Dinars (about US$6.40–$25.60).[1] |
Benin | Article 88 of the 1996 Penal Code punishes homosexual acts with one to three years of imprisonment and a fine of XOF 100,000–500,000 (about US$210–$1,050). |
Burundi | A 2009 revision of the Penal Code made homosexual relations punishable by three months to two years of imprisonment and/or by a fine of BIF50,000–100,000 (about US$33–$66). |
Cameroon | Same-sex sexual intercourse is punishable by six months to five years of imprisonment, and a fine of XAF20,000–200,000 (about US$42–$419). |
Central African Republic | “Public expression of love” between persons of the same sex is punishable by six months to two years of imprisonment, or a fine of XOF 150,000–600,000. |
Comoros | Homosexual acts are punishable by one to two years of imprisonment and a fine of KMF 50,000–1,000,000 (about US$140–$2,792). |
Egypt | Homosexuality is punished as a “scandalous act,” with detention for up to one year and/or a fine of up to 300 EGP (about US$43). |
Eritrea | Homosexuality is illegal. Eritrean law states that a person who “performs with another person of the same sex an act corresponding to the sexual act, or any indecent act, is punishable with simple imprisonment.”[24] The terms “sexual act” and “indecent act” are not defined. When a person is convicted under this provision, the court has the discretion to impose a sentence ranging from ten days to three years of imprisonment. |
Ethiopia | Homosexuality is illegal. The country’s law states that “whoever performs with another person of the same sex a homosexual act, or any other indecent act, is punishable with simple imprisonment.”[26] The law does not provide definitions of the terms “homosexual act” and “indecent act.” Although simple imprisonment generally entails a prison sentence ranging from ten days to three years, courts are authorized to impose higher sentences (up to five years of imprisonment) in cases of recidivism. |
Gambia | Homosexuality is illegal. The country’s Criminal Code states that a “person who has carnal knowledge of any person against the order of nature … or permits any person to have carnal knowledge of him or her against the order of nature” commits a felony known as unnatural offense, and on conviction is punishable by a fourteen-year prison term.[29] An attempt to commit an unnatural offense is also a felony, on conviction, punishable by seven years of imprisonment.[30] In addition, the Code criminalizes what it calls “indecent practices”: anyone who “commits an act of gross indecency with another” in public or in private or “procures” or “attempts to procure” another to commit such act with him/herself or with another person commits a felony, and on conviction is punishable by a five-year prison term.[31] The Criminal Code provides definitions for certain terms. The term “carnal knowledge of any person against the order of nature” includes:
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Guinea | Article 325 of the Penal Code punishes homosexual acts with six months to three years of imprisonment, and a fine of GNF100,000–1,000,000 (about US$14–$143). |
Kenya | Kenya’s Penal Code criminalizes sodomy. Under this law, a “person who … has carnal knowledge of any person against the order of nature … or permits a male person to have carnal knowledge of him or her against the order of nature” commits a felony, punishable on conviction by a fourteen-year prison term.[40] An attempt to commit an unnatural offense, also a crime, is , punishable on conviction by a seven-year prison term. |
Lesotho | Sodomy appears to be a common-law crime in Lesotho.[42] Under the country’s Criminal Procedure and Evidence Act, sodomy is one of the offenses for which a person may be arrested without a warrant. |
Liberia | Liberia criminalizes homosexual acts. It makes engaging in voluntary “deviate sexual intercourse” by any person a first-degree misdemeanor, an offense punishable by up to one year in prison.[44] The term “deviate sexual intercourse” includes “sexual contact between human beings who are not husband and wife or living together as man and wife though not legally married, consisting of contact between the penis and the anus, the mouth and the penis, or the mouth and vulva.”[45] A sexual contact involves “touching of the sexual or other intimate parts of a person for the purpose of arousing or gratifying a sexual desire.”[46] |
Libya | Homosexuality is punished under the Penal Code provision on extramarital sexual relationships. When consensual, such relationships are punished with imprisonment for up to five years. |
Malawi | Malawi criminalizes homosexuality. Anyone who “has carnal knowledge of any person against the order of nature … or permits a male person to have carnal knowledge of him or her against the order of nature” commits an “unnatural offence,” a felony, on conviction, punishable by a fourteen-year prison term.[49] Attempting to commit an “unnatural offence,” also a felony, is punishable on conviction by a seven- year prison term.[50] In addition, Malawi criminalizes what it calls “indecent practices.” Anyone who “commits an act of gross indecency with another” in public or in private or “procures” or “attempts to procure” another to commit such act with him/herself or with another person commits a felony and is, on conviction, punishable by a five-year prison term.[51] The term “gross indecency” is not defined. |
Mauritania | Article 308 of the Mauritanian Penal Code punishes homosexual acts by Muslim men with death by stoning. Homosexual acts by two women are punished with three months to two years of imprisonment and a fine of MRO5,000–60,000 about (US$17–$207). |
Mauritius | The Criminal Code of Mauritius criminalizes sodomy, stating that “[a]ny person who is guilty of the crime of sodomy ... shall be liable to penal servitude not exceeding 5 years.” |
Morocco | Under the Penal Code, any person who “commits lewd or unnatural acts with an individual of the same sex shall be punished with a term of imprisonment of between six months and three years and a fine of 120 to 1,000 dirhams [about US$14.63–$121.94] |
Nigeria | Nigeria’s federal law criminalizes homosexuality. Anyone who “has carnal knowledge of any person against the order of nature … or permits a male person to have carnal knowledge of him or her against the order of nature” commits an “unnatural offence,” a felony punishable on conviction with a fourteen-year prison term.[60] An attempt to commit an “unnatural offence,” also a felony, is punishable on conviction by a seven-year prison term.[61] In addition, Nigeria bans male persons from engaging in what it calls “gross indecency”: procuring or attempting to procure another male for the commission of gross indecency in public or private.[62] A violation of this ban is a felony punishable on conviction by a three-year prison term.[63] Furthermore, Nigeria prohibits a “public show of same sex amorous relationship directly or indirectly,” the violation of which is, on conviction, punishable by ten years of imprisonment.[64] There are some states that have adopted Sharia law and these states reportedly have imposed the death penalty for homosexual behavior |
Senegal | Homosexual acts are punished with one to two years of imprisonment and a fine of XOF100,000–1,500,000 (about US$209–$3,142) |
Somalia | Somalia bans homosexuality. Its Penal Code states that anyone “who has carnal intercourse with a person of the same sex shall be punished, where the act does not constitute a more serious crime, with imprisonment from three months to three years. Where the act committed is an act of lust different from carnal intercourse, the punishment shall be reduced by one third.”[78] In addition, a person convicted for homosexuality may be subject to what is known as a “security measure,” which is a measure imposed on persons deemed “a danger to society,” in the form of police surveillance or deportation (if the person is not a citizen). |
Sudan | The Penal Code of 1991 states as follows: Section 148 Sodomy. The Penal Code also provides that anyone who carries out acts considered “indecent or inappropriate to the public morals will be punished by flogging not exceeding 40 times or a fine or both punishments.”(1) Any man who inserts his penis or its equivalent into a woman’s or a man’s anus or permits another man to insert his penis or its equivalent in his anus is said to have committed Sodomy. (2) (a) Whoever commits Sodomy shall be punished with flogging by one hundred lashes and he shall also be liable to five years’ imprisonment. (b) If the offender is convicted for the second time he shall be punished with flogging by one hundred lashes and imprisonment for a term which may not exceed five years. (c) If the offender is convicted for the third time he shall be punished with death or life imprisonment.[84] |
Togo | Homosexual acts are punished by one to three years of imprisonment and a fine of TZS100,000–500,000 (about US$210–$1,050). |
Uganda | Uganda’s Penal Code bans sodomy, stating that anyone who “has carnal knowledge of any person against the order of nature … or permits a male person to have carnal knowledge of him or her against the order of nature” commits a crime punishable on conviction by life in prison.[94] An attempt to commit such crimes, also prohibited, is punishable on conviction by a seven-year prison term.[95] In addition, the Penal Code prohibits what it calls “indecent practices” (a term for which no definition is provided) by any person.[96] A law adopted by the country’s Parliament on December 20, 2013, and signed by President Yoweri Museveni on February 24, 2014, criminalizes homosexuality and imposes harsh penalties for violations of its provisions.[97] Under this law, an offense of homosexuality (which includes sodomy, homosexual oral sex, or any form of same-sex sexual activity) is punishable on conviction by a fourteen year prison term.[98] An attempt to commit such an offense is punishable on conviction by a seven-year prison term.[99] Aggravated homosexuality, which includes recidivism, is punishable by up to life in prison.[100] |
The recently adopted law uses broad language to ban what it calls the “promotion of homosexuality,” including the use of “electronic devices which include internet, films, [or] mobile phones for the purpose of homosexuality or promoting homosexuality;” engaging in such activity is punishable by five to seven years in prison and/or a fine.[101] If the perpetrator of this offense were a juridical person, the operating license would be lost and the person in charge would be subject, on conviction, to a seven-year prison term.[102] | Same-sex marriage is a crime punishable on conviction by life imprisonment.[103] |
Zambia | Zambia’s Penal Code bans sodomy, stating that anyone who “has carnal knowledge of any person against the order of nature…or permits a male person to have carnal knowledge of him or her against the order of nature” commits a crime, on conviction, punishable by fourteen years to life in prison.[104] Attempt, also a crime, is punishable on conviction by a seven- to fourteen-year prison term.[105] In addition, the Penal Code prohibits what it calls “indecent practices,” a term for which no definition is provided, by any person, including children under the age of sixteen.[106] When the perpetrator of the offense is an adult, he/she is punishable on conviction by seven to fourteen years of imprisonment.[107] However, if the perpetrator of this crime is a child, courts are authorized to impose only community service or counseling. |
Zimbabwe | Zimbabwe prohibits male homosexual conduct. A male person who, with consent, performs “anal sexual intercourse, or any act involving physical contact other than anal sexual intercourse that would be regarded by a reasonable person to be an indecent act” commits the crime of sodomy, on conviction, punishable up to one year of imprisonment and/or a fine. |
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