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LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGB people allowed to serve openly in military | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
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Algeria | Illegal since 1966 Penalty: Up to 3 years imprisonment with fines up to 10,000 dinars.[1] Torture,[2] beatings,[3] or vigilante executions are also common. |
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Canary Islands (Autonomous community of Spain) |
Legal since 1979 + UN decl. sign.[4] |
De facto unions legal since 2003[5] | Legal since 2005[6] | Legal since 2005[7][8] | Spain responsible for defence | Bans all anti-gay discrimination[9] | Since 2007, all documents can be amended to the recognised gender[10] |
Ceuta (Autonomous city of Spain) |
Legal since 1979 + UN decl. sign.[4] |
De facto union since 1998[11] | Legal since 2005[6] | Legal since 2005[7] | Spain responsible for defence | Bans all anti-gay discrimination | Since 2007, all documents can be amended to the recognised gender[10] |
Egypt | / Ambiguous. Male de jure legal, but de facto illegal since 2000 Penalty: Up to 17 years imprisonment with or without hard labour and with or without fines under broadly-written morality laws.[4][12] |
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Libya | Illegal since 1953 Penalty: Up to 5 years in jail or vigilante execution.[13][14] |
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Madeira (Autonomous region of Portugal) |
Legal since 1983 + UN decl. sign.[4] |
De facto union since 2001[15][16] | Legal since 2010[17] | Legal since 2016[18][19][20] | Portugal responsible for defence | Bans all anti-gay discrimination.[9] | Since 2011, all documents can be amended to the recognised gender[21] |
Melilla (Autonomous city of Spain) |
Legal since 1979 + UN decl. sign.[4] |
De facto union since 2008[22] | Legal since 2005[6] | Legal since 2005[7] | Spain responsible for defence | Bans all anti-gay discrimination[23] | Since 2007, all documents can be amended to the recognised gender[10] |
Morocco (including Southern Provinces) |
Illegal since 1962 Penalty: Up to 3 to 6 years imprisonment with hard labour.[4][24] |
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Sahrawi Arab Democratic Republic (Disputed territory; excluding Southern Provinces) |
Illegal Penalty: Up to 3 years imprisonment.[4][25][26] |
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Sudan | Illegal since 1899 (as Anglo-Egyptian Sudan) Penalty: Life imprisonment for a third offense of anal sex.[27] |
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Tunisia | Illegal since 1913 (as the French protectorate of Tunisia) Penalty: 3 years imprisonment.[4][28] [29] |
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGB people allowed to serve openly in military | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
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Benin | Legal (No laws against same-sex sexual activity have ever existed in the country);[4][30] Age of consent discrepancy[4] |
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Burkina Faso | Legal (No laws against same-sex sexual activity have ever existed in the country)[4] | Constitutional ban since 1991 | |||||
Cape Verde | Legal since 2004 + UN decl. sign.[4] |
Bans some anti-gay discrimination[4] | |||||
Gambia | Illegal since 1888 (as the Gambia Colony and Protectorate) Penalty: Up to Iife imprisonment.[4][31][32] |
Forms of gender expression criminalized since 2013[33] | |||||
Ghana | Ilegal. Penalty: Up to 10 years in prison with fines.[34] | ||||||
Guinea | Illegal since 1988 Penalty: 6 months to 10 years imprisonment.[35] |
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Guinea-Bissau | Legal since 1993[4] + UN decl. sign. |
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Ivory Coast | Legal (No laws against same-sex sexual activity have ever existed in the country); Age of consent discrepancy[4] |
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Liberia | Illegal since 1976 Penalty: 1 year imprisonment.[4][36] (repeal disputed) |
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Mali | Legal (No laws against same-sex sexual activity have ever existed in the country)[4] | Constitutional ban since 2023[37] | [38] | ||||
Mauritania | Illegal since 1983 Penalty: Capital punishment for men, (not enforced); prison and a fine for women.[4][39] |
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Niger | Legal (No laws against same-sex sexual activity have ever existed in the country); Age of consent discrepancy[4] |
[38] | |||||
Nigeria | Illegal since 1904 (Northern Region only) Illegal since 1916 (Region-wide) Penalty: Up to 14 years imprisonment. Death in the states of Bauchi, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Niger, Sokoto, Yobe, and Zamfara. (not enforced)[4][40][32] |
Statutory ban since 2013 | Forms of gender expression criminalized in Sharia provinces. | ||||
Saint Helena, Ascension and Tristan da Cunha (Overseas Territory of the United Kingdom) |
Legal since 2001 + UN decl. sign.[4] |
Legal since 2017 | Legal since 2017[41][42] | Legal since 2017 | UK responsible for defence | Bans all anti-gay discrimination | |
Senegal | Illegal since 1966 Penalty: 1 to 5 years imprisonment.[4][43] |
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Sierra Leone | Male illegal since 1861 (as the Sierra Leone Colony and Protectorate) Penalty: Up to life imprisonment (Not enforced, repeal disputed). Female always legal + UN decl. sign.[4] |
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Togo | Illegal since 1980 Penalty: Fine and 3 years imprisonment [4] (repeal proposed)[44] |
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGB people allowed to serve openly in military | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
---|---|---|---|---|---|---|---|
Cameroon | Illegal since 1972 Penalty: Fines to 5 years imprisonment.[4][32] or vigilante execution and torture,[45] (repeal disputed) |
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Central African Republic | Legal (No laws against same-sex sexual activity have ever existed in the country)[4] + UN decl. sign. |
Constitutional ban since 2016[46] | [38] | ||||
Chad | Illegal since 2017 Penalty: Between 3 months and 2 years in prison, with fines of 50,000 to 500,000 FCFA. (Penal Code, Chapter 2, Article 354) [47] |
[38] | |||||
Democratic Republic of the Congo | Legal (No laws against same-sex sexual activity have ever existed in the country)[4] | Constitutional ban since 2005 | |||||
Republic of the Congo | Legal (No laws against same-sex sexual activity have ever existed in the country); Age of consent discrepancy[4] |
[38] | |||||
Equatorial Guinea | Legal (No laws against same-sex sexual activity have ever existed in the country)[4] | [38] | |||||
Gabon | Legal since 2020[48]; Age of consent discrepancy, + UN decl. sign. |
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São Tomé and Príncipe | Legal since 2012 + UN decl. sign.[4] |
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGB people allowed to serve openly in military | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
---|---|---|---|---|---|---|---|
Burundi | Illegal since 2009 Penalty: fine, and 3 months to 2 years imprisonment. [4][49] (repeal disputed) |
Constitutional ban since 2005 | |||||
Djibouti | Legal (No laws against same-sex sexual activity have ever existed in the country) [4][50] | [38] | |||||
Eritrea | Illegal Penalty: Up to 3 years imprisonment.[4][51] or vigilate execution[52] Beatings and torture are also tolerated.[53][54] |
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Ethiopia | Illegal Penalty: Up to 15 years. [4] (repeal disputed) [55] |
Statutory ban since 2009[56] | |||||
Kenya | Illegal since 1897 (as the East Africa Protectorate) Penalty: up to 14 years imprisonment. (repeal proposed) [4][32][57] |
Constitutional ban since 2010[58] | / Limited protection following legal process by the authorities.[59] | [60] | |||
Rwanda | Legal (No laws against same-sex sexual activity have ever existed in the country)[4] + UN decl. sign. |
Constitutional ban since 2003 | |||||
Somalia | Illegal Penalty: Up to 3 years prison. Jubaland Illegal. Penalty: Up to death in Jubaland.[citation needed] |
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Somaliland (Disputed territory) |
Illegal Penalty: Up to 3 years prison, sometimes death sentences.[61] |
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South Sudan | Illegal since 1899 (as Anglo-Egyptian Sudan) Penalty: Up to 10 years imprisonment. (not enforced) [4][32] |
Constitutional ban since 2011[citation needed] | Forms of gender expression are criminalized. | ||||
Tanzania | Illegal since 1864 (only Zanzibar) Illegal since 1899 Penalty: Up to life imprisonment.[4][32] Vigilante executions, beatings and torture[62][63] are also tolerated. |
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Uganda | Male illegal since 1902 (as Protectorate) Female illegal since 2000 Penalty: Life imprisonment, Death penalty in some cases, Beatings, torture, or vigilante execution. [64][65] |
Constitutional ban since 2005 |
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGB people allowed to serve openly in military | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
---|---|---|---|---|---|---|---|
Comoros | Illegal since 1982 Penalty: 5 years imprisonment and fines. (not enforced)[4][66] |
[38] | |||||
French Southern and Antarctic Lands (Overseas territory of France) |
Legal (No laws against same-sex sexual activity have ever existed in the territory)[4] |
Civil solidarity pact since 1999[citation needed] | Legal since 2013 | Legal since 2013 | France responsible for defence | Bans all anti-gay discrimination | Under French law |
Madagascar | Legal (No laws against same-sex sexual activity have ever existed in the country); Age of consent discrepancy[4] |
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Mauritius | Legal since 2023[67] + UN decl. sign. |
Bans all anti-gay discrimination[68][69] | |||||
Mayotte (Overseas region of France) |
Legal (No laws against same-sex sexual activity have ever existed in the region)[4] |
Civil solidarity pact since 2007 | Legal since 2013 | Legal since 2013 | France responsible for defence | Bans all anti-gay discrimination | Under French law |
Réunion (Overseas region of France) |
Legal since 1791[4] | Civil solidarity pact since 1999 | Legal since 2013 | Legal since 2013 | France responsible for defence | Bans all anti-gay discrimination | Under French law |
Seychelles | Legal since 2016[70] + UN decl. sign. |
Bans some anti-gay discrimination[4] |
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
---|---|---|---|---|---|---|---|
Angola | Legal since 2021 [71] | Bans all anti-gay discrimination[72] | May possibly change gender under the Código do Registro Civil 2015[73] | ||||
Botswana | Legal since 2019 [74] | (Only LGB) | Bans all anti-gay discrimination | Legal gender change recognized as a constitutional right since 2017[75] | |||
Eswatini | Male illegal since the 1880s (not enforced, repeal proposed) Penalty: Unknown Female always legal[4][32] |
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Lesotho | Male legal since 2012 Female always legal[4] |
May possibly change gender under the National Identity Cards Act 9 of 2011[76] | |||||
Malawi | Illegal since 1891 (as British Central Africa Protectorate)[32] Penalty: Up to 14 years imprisonment, with or without corporal punishment for men up to 5 years imprisonment for women (repeal proposed)[4][77][32][78][79] |
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Mozambique | Legal since 2015[80][81] | Bans some anti-gay discrimination[4][68] | |||||
Namibia | Male illegal since 1920 (not enforced; repeal proposed)[32][82] Penalty: Unknown Female always legal[4][83][84] |
/ Foreign same-sex marriages recognised. | / Foreign same-sex marriages recognised. | Bans some anti-gay discrimination.[85] | Under the Births, Marriages and Deaths Registration Act 81 of 1963[86] | ||
South Africa | Male legal since 1998 Female always legal; equal age of consent since 2007 + UN decl. sign.[4] |
Limited recognition of unregistered partnerships since 1998; same-sex marriage since 2006 | Legal since 2006 | Legal since 2002 | Since 1998 | Constitution bans all anti-gay discrimination | Anti-discrimination laws are interpreted to include gender identity; legal gender may be changed after surgical or medical treatment |
Zambia | Illegal since 1911 (as part of the British South Africa Company rule of Rhodesia) Penalty: up to 14 years imprisonment. (repeal proposed)[4][32] |
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Zimbabwe | Male illegal since 1891 (as part of the British South Africa Company rule of Rhodesia) Penalty: up to 14 years imprisonment. (repeal proposed) Female always legal[4][32] |
Constitutional ban since 2013[87] |