LGBTQ rights in the Gambia | |
|---|---|
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| 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]
- ^ a b c ILGA (2020).
- ^ Guardian AP (2014).
- ^ Global Legal Monitor (2014).
- ^ "The Gambia". Human Dignity Trust. 15 February 2019. Retrieved 25 August 2023.
- ^ Human Rights Report (2021).
- ^ Thompson (2015).
- ^ Le Monde − AFP (2020).
- ^ "Gambia: Events of 2017". Share this via Facebook. 21 December 2017.