LGBT rights in Togo

Lesbian, gay, bisexual, and transgender (LGBT) persons in Togo face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is illegal in Togo.

LGBT rights in Togo
StatusIllegal since 1980[1]
Penalty1-3 years imprisonment and fines. (repeal proposed)
Gender identityUnknown
MilitaryUnknown
Discrimination protectionsNo
Family rights
Recognition of relationshipsUnknown
AdoptionUnknown

Law regarding same-sex sexual activity

While it was the German Empire protectorate Togoland, same-sex sexual activity was made illegal in 1884.[2] The German Empire lost control of Togoland in 1916.

Same-sex sexual activity is illegal in present-day Togo via the Penal Code of 13 August 1980, with a penalty of one to three years imprisonment and a fine of 100,000 to 500,000 CFA francs.[3][1][Note 1]

Adoption of children

According to a website of the French government, single and married people are eligible to adopt children. The website does not say whether LGBT people are disqualified.[4]

Living conditions

No law protects persons from discrimination based on sexual orientation or gender identity.[3]

The U.S. Department of State's 2011 human rights report found that,[3]

The law provides that a person who engages in a consensual same-sex sexual act may be punished by one to three years' imprisonment and fined 100,000 to 500,000 CFA francs ($208 to $1,041). There were no prosecutions [in 2011] for homosexuality or the often related charge of indecent assault. The eight persons arrested for same-sex sexual conduct in 2010 remained incarcerated. Societal discrimination based on sexual orientation and gender identity occurred, and there were no known lesbian, gay, bisexual, and transgender organizations.

Summary table
Same-sex sexual activity legal No (Penalty: 3 years imprisonment with fines, repeal proposed)
Equal age of consent No
Anti-discrimination laws in employment only No
Anti-discrimination laws in the provision of goods and services No
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech) No
Same-sex marriages No
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

Notes
  1. The official text of Article 88 in French (Code pénal):
    Sera puni d'un emprisonnement d'un à trois (03) ans et d'une amende de 100 000 à 500 000 francs quiconque aura commis un acte impudique ou contre nature avec un individu de son sexe.

References
  1. Itaborahy, Lucas Paoli (May 2013). "State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults" (PDF). The International Lesbian, Gay, Bisexual, Trans and Intersex Association. p. 67. Archived from the original (PDF) on 17 July 2013. Retrieved 3 June 2013.
  2. "Where is it illegal to be gay?". BBC News. 10 February 2014.
  3. "2011 Country Reports on Human Rights Practices: Togo, Bureau of Democracy, Human Rights and Labor, U.S. Department of State, p. 20" (PDF).
  4. ""Fiches pays Adoption: Togo", France Diplomatie, French Ministry of Foreign Affairs, Google translation".
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