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LGBTQ rights in Mali

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LGBTQ rights in Mali
Mali
StatusLegal
Gender identityNo
MilitaryNo
Discrimination protectionsNone
Family rights
Recognition of relationshipsNo
RestrictionsSame-sex marriage constitutionally banned since 2023[1]
AdoptionNo

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Mali face legal and societal challenges not experienced by non-LGBTQ residents. Although same-sex sexual activity is not illegal in Mali, LGBTQ people face widespread discrimination among the broader population.[2] According to the 2007 Pew Global Attitudes Project, 98 percent[a] 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 LGBTQ persons; these laws are actively enforced.[4]

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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 LGBTQ 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 LGBTQ 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.

Discrimination protections

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There are no anti-discrimination laws to protect the LGBTQ community from harassment and abuse on the basis of sexual orientation and gender identity.[8] Also, societal discrimination is widespread.[9]

Adoption and family planning

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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]

Living conditions

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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.

Summary table

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Same-sex sexual activity legal Yes (Always legal)
Equal age of consent (15) Yes (Always equal)
Anti-discrimination laws in hate speech and violence No
Anti-discrimination laws in employment No
Anti-discrimination laws in the provision of goods and services No
Same-sex marriage No (Constitutional ban on same-sex marriage since 2023)[1]
Recognition of same-sex couples No
Step-child adoption by same-sex couples No
Joint adoption by same-sex couples No
Gays and lesbians allowed to serve openly in the military No
Right to change legal gender No
Access to IVF for lesbians No
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood No

See also

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Notes

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  1. ^ The number of adults surveyed in Mali was 700, yielding a margin of error of 4 percent with a 95 percent confidence level.

References

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  1. ^ a b c d "Malians approve amendments to constitution in referendum". Aljazeera. 23 June 2023. Retrieved 24 June 2023.
  2. ^ a b "Foreign travel advice - Mali". Gov.uk. Retrieved 25 August 2023.
  3. ^ "Pew Global Attitudes Project" (PDF). pp. 35, 84, 117. Archived from the original (PDF) on 14 February 2010. Retrieved 3 December 2009.
  4. ^ Bureau of Democracy, Human Rights, and Labor (2021). "Section 6. Discrimination and Societal Abuses". 2021 Country Reports on Human Rights Practices: Mali (Report). United States Department of State.
  5. ^ ILGA World; Lucas Ramon Mendos; Kellyn Botha; Rafael Carrano Lelis; Enrique López de la Peña; Ilia Savelev; Daron Tan (14 December 2020). "Consensual Same-Sex Sexual Acts between Adults in Private: No criminalisation – Africa" (PDF). State-Sponsored Homophobia report: 2020 global legislation overview update (Report) (14th ed.). Geneva: ILGA. pp. 89–93, 325. Archived from the original (PDF) on 15 December 2020.
  6. ^ State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults, International Lesbian, Gay, Bisexual, Trans and Intersex Association, authored by Lucas Paoli Itaborahy, May 2012, p. 12 Archived 17 October 2012 at the Wayback Machine
  7. ^
    • Code pénal (PDF) (Loi n°01-79) (in French). Government of Mali. 2001. 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]
    • Successor article to: Code pénal (Loi nº 61-99) (in French). Government of Mali. 1961. SECTION V: Indecent Offences—Outrage of Public Decency: Article 179
  8. ^ "Mali LGBTI Resources: Rights in Exile Programme". www.refugeelegalaidinformation.org.
  9. ^ a b c Bureau of Democracy, Human Rights and Labor, 2011 Country Reports on Human Rights Practices: Mali (PDF), U.S. Department of State, pp. 17–18
  10. ^ "Le nouveau Code de la famille au Mali : une véritable régression pour les droits des femmes". Fédération internationale pour les droits humains.
  11. ^ "Mali: promulgation du Code de la famille révisé". Hosted News (in French). AFP. 20 January 2012. Archived from the original on 24 January 2013.
  12. ^ "LOI N°2011 – 087 du 30 Décembre 2011 PORTANT CODE DES PERSONNES ET DE LA FAMILLE" (PDF). Archived from the original (PDF) on 12 May 2013.
  13. ^ "Malians participate in rallies ahead of Sunday's referendum". Africanews. 17 June 2023. Retrieved 24 June 2023.
  14. ^ "Asylumlaw.org" (PDF). 14 March 2018. Archived from the original (PDF) on 14 March 2018.
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