LGBT rights in the Gambia

Lesbian, gay, bisexual, and transgender (LGBT) people face active discrimination in the Gambia.[4] Same-sex sexual activity is illegal for both males and females 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. 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]

LGBT rights in the Gambia
The Gambia
StatusIllegal:
  • For men since 1934[1]
  • For women since 2005[1]
PenaltyImprisonment for term of up to life in prison[2][3]
Gender identityNo
MilitaryNo
Discrimination protectionsNone
Family rights
Recognition of relationshipsNo
AdoptionNo

Anti-gay rhetoric from leaders — notably by Yahya Jammeh, the president until 2017 — has contributed to a hostile environment for LGBT 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]

Laws on same-sex sexual activity

The criminalisation of same-sex sexual conduct began in Gambia's colonial era, when it was under British control as the Gambia Colony and Protectorate. The colonial Criminal Code (1933) of Gambia was implemented in 1934; its provisions, proscribing consensual sexual activity between males as "carnal knowledge against the order of nature" have remained in force to the present.[lower-alpha 1] Amendments to the code have included changes to criminalise sexual behavior between women as "gross indecency" by the Criminal Code (Amendment) Act, 2005,[1][8][9][10] and 2014 provisions dealing with "aggravated" homosexual offences that attract higher penalties, including the possibility of life imprisonment.[2][3]

"Aggravated" offences

Gender identity and expression

The Gambia does not allow citizens to change their legal gender. Since 2013, the country has restricted freedom of gender expression under section 167 of the Criminal Code, which forbids men to dress "as women"; cross-dressing is punishable by up to 5 years in jail or a fine of 50,000 Gambian dalasi.[6][11]

Discrimination protections

The Gambia has no law or regulation in place for protection of residents against discrimination based on sexual orientation or gender identity.[5]

Cases of enforcement

Two Spanish men in their 50s, alleged to be gay, were arrested by Gambian police and detained at Kotu police station in June 2008. "According to ... sources, the Spanish contacted two taxi drivers and asked to be taken to where they can meet with homosexuals, saying they were willing to pay any amount, which the drivers agreed. The sources further said the drivers asked the Spanish to wait, that they were going to search for homosexuals. When they left, the men changed their minds and decided to contact the police at the Kotu Police Station, who arrested the Spanish."[12] The men were subsequently released, reportedly after the Spanish government intervened.[13]

On 23 December 2008, Frank Boers, a 79-year-old man from the Netherlands, was arrested at Banjul International Airport when officials found him in possession of pornography, including nude pictures of himself and some Gambian men. A Banjul court found Boers guilty of indecency with those men and sentenced him to pay 100,000 Gambian dalasis (£2,500) in lieu of a two-year prison sentence.[13] After the sentencing, Boers told the prosecutor that he would prefer prison to the fine because he had no means to pay the fine.[14]

On 10 April 2012, a court remanded in custody eighteen purportedly homosexual men who were arrested on 9 April at a bar in the Tourism Development Area. The men —sixteen from Senegal, one from the Gambia, and one from Nigeria— were charged with "indecent practice among themselves at a public place".[15] According to police testimony in court in July 2012, the arrests were made because men were "wearing women's clothes", carrying handbags, and "walking like ladies".[16] On 1 August 2012, the prosecutor dropped all charges in the case.[17]

Family and relationship policy

Recognition of same-sex relationships

Same-sex couples have no legal recognition.

Adoption

The Gambia prohibits LGBT people from adopting children.[18]

Living conditions

The U.S. Department of State's 2011 Human Rights Report found that "there was strong societal discrimination against LGBT individuals, some of whom were shunned", although "there were no reported incidents of physical violence against LGBT individuals during the year". The report also found that there were no LGBT organizations in the country at the time.[19]

Political stances

2008–2017
See also: Yahya Jammeh § LGBT rights

Former Gambian President Yahya Jammeh said in May 2008 that laws "stricter than those in Iran" against homosexuals would soon be introduced and vowed to "cut off the head" of any homosexual caught in the country.[20] On 15 May 2008, Jammeh gave homosexuals 24 hours to leave the country. He also commanded "all those who harbour such individuals to kick them out of their compounds, noting that a mass patrol will be conducted on the instructions of the [Inspector General of Police] ... and the director of the Gambia Immigration Department to weed bad elements in society". He said, "Any hotel, lodge[,] or motel that lodges this kind of individuals will be closed down, because this act is unlawful. We are in a Muslim dominated country and I will not and shall never accept such individuals in this country".[21][22][23]

President Jammeh said in a speech before newly promoted army chiefs on 7 December 2009, "We will not encourage lesbianism and homosexuality in the military. It is a taboo in our armed forces. I will sack any soldier suspected of being a gay or lesbian in the Gambia. We need no gays in our armed forces." Jammeh advised the army chiefs to monitor the activities of their men and deal with soldiers bent on practicing lesbianism in the military.[24]

Current leaders

President of the Gambia since 2017 Adama Barrow, commented on LGBT rights early in his presidency, saying that "homosexuality is not an issue in Gambia"; these less inflammatory comments than those regularly voiced by Jammeh, have been interpreted as displaying less hostility to the LGBT community. LGBT community members expressed their hope this indicated that improved conditions for them compared to those under the previous regime.[25][26] A speech Barrow gave on a visit to the European Union in 2020 was reported to have caused alarmed reactions in the Gambia, by appearing to some constituents as too conciliatory towards the LGBT community and pro-LGBT rights.[27] The president's officials played down any implication that the government would move to improve LGBT rights.[28]

Summary table
Same-sex sexual activity legal No Penalty: up to life in prison[2][3]
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
Unrestricted gender expression No It is illegal for men to dress as women
Access to IVF for lesbians No
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood No

See also

Notes
  1. Relevant provisions of Chapter XV of The Gambia Criminal Code (Act No. 25 of 1933),[lower-alpha 2] as amended by the Criminal Code (Amendment) Act, 2005, are:[lower-alpha 3]

    §144: "Unnatural offences"
    (1) Any person who
      (a) has carnal knowledge of any person against the order of nature; or [...]
      (c) permits any person to have carnal knowledge of him or her against the order of nature; is guilty of a felony, and is liable to imprisonment for a term of 14 years.
    (2) In this section — "carnal knowledge of any person against the order of nature" includes:
      (a) carnal knowledge of the person through the anus or the mouth of the person;
      (b) inserting any object or thing into the vulva or the anus of the person for the purpose of simulating sex; and
      (c) committing any other homosexual act with the person.
    [§145: Any person who attempts to commit any of the offenses specified in Section 144 is guilty of a felony and is liable to imprisonment for a term of seven years.]
    [...]
    §147: "Indecent practices"
    (1) Any male person who, whether in public or private, commits an "act of gross indecency" with another male person or procures another male person to commit an act of this kind with him, or attempts to procure another male person to commit such an act with himself or another male person, is guilty of a misdemeanour and liable to imprisonment for a term of five years.
    (2) Any female person who, whether in public or private, commits an "act of gross indecency" with another female person or procures another female person to commit an act of this kind with her, or attempts to procure another female person to commit such an act with herself or another female person, is guilty of a misdemeanour and liable to imprisonment for a term of five years.
    (3) The term "act of gross indecency" includes any homosexual act.

  2. Criminal Code (1933).
  3. Amendment Act (2005).

References
  1. ILGA (2020).
  2. Guardian AP (2014).
  3. "The Gambia". Human Dignity Trust. Retrieved 25 August 2023.
  4. Human Rights Report (2021).
  5. Thompson (2015).
  6. Le Monde − AFP (2020).
  7. German Bundestag (2006).
  8. Itaborahy (2012).
  9. Gambia Gazette (2005).
  10. News.com (2013).
  11. "Two Spanish caught in the Gambia after President called for the death of homosexuals". Afrik-news.com.
  12. Tony Grew (6 January 2009). "Dutchman fined for gay "indecency" in Gambia".
  13. Sanna Jawara (5 January 2009). "Dutch home sexual [sic] fined D100,000, says he has no means to pay". Daily Observer. Archived from the original on 26 July 2012. Retrieved 15 August 2012.
  14. "Arrested Gambian Gays Remanded". Jollof News. Archived from the original on 25 June 2012.
  15. Jenkin, Matthew (19 July 2012). "Police testify against gay men arrested in Gambia". Gay Star News. Archived from the original on 12 June 2019. Retrieved 22 May 2020.
  16. Botha (2021), pp. 67–69.
  17. Bureau of Consular Affairs (2009).
  18. Human Rights Report (2011).
  19. "President plans to kill off every single homosexual". Afrik-News. 19 May 2008. Archived from the original on 4 May 2010. Retrieved 22 May 2008.
  20. "No room for gays in the Gambia", Daily Observer, reported by Alhagie Jobe, 19 May 2008 Archived 19 July 2012 at the Wayback Machine
  21. "Dialogue with the People Tour". Office of the Gambian President: State House Online. 15 May 2008. Archived from the original on 14 December 2012. Retrieved 16 August 2012.
  22. "President Jammeh Gives Ultimatum for Homosexuals to Leave", The Point, reported by Abba Gibba, 19 May 2008
  23. M. Faye; Ebrima Jallow (7 December 2009). "Jammeh Threatens To Sack Gay And Lesbian Soldiers In Gambia". Freedom Press. Archived from the original on 23 January 2013.
  24. Mamba (2017).
  25. Jawo (2017).
  26. Chronicle (2020).
  27. Bah (2018).

Government and NGO reports

ILGA

U.S. Department of State

Legislation sources

Media and news reports

Further reading
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