At a time in the world when a portion of the world’s population is enjoying the freedom of gender fluidity through LGBTQIA+ movements and achievements by recognizing themselves as proud members of the community. There are a few countries in the world that still condemn it.
There are laws laid down in certain countries condemning it or legalizing it. On September 6, 2018, the Supreme Court of India made a landmark decision by scrapping off article 377 and ruled that homosexuality is no longer illegal in the country and that the members of the LGBTQ community have the same sexual rights as any other citizen.
This law was introduced in India in 1861 when India was under British Rule. The battle that began in 1991 saw its victory of sorts in 2018. However, some still argue that the apex court has just decriminalized homosexuality but it is a long battle for truly equal citizenship.
In many former British colonies, the law was introduced under their rule and their legacy pertains to date.
Today, we will look into the countries that have anti-LGBTQIA+ Laws and punishment which are as follows:
There are two different types of anti-LGBTQIA+ laws. The countries that outlaw same-sex relations between consenting adults. The countries that criminalize forms of gender expression, such as “imitating the opposite sex.”
1. Afghanistan
As Taliban gained control over the country and has officially said that they will follow the law.
Penal Code, 2017
Section 645 Musahaqah- Section 645 criminalises same-sex intimacy between women with imprisonment for up to one year.
Section 646 Sodomy- Section 646 criminalises sodomy, punishable with imprisonment for up to two years.
Section 649 Tafkhiz- Section 649 criminalises Tafkhiz – same-sex intimacy between men absent penetration – punishable with imprisonment of between three months and one year.
Section 650 Ghavadi- Section 650 criminalises inciting two or more people to commit sodomy by introducing them to each other and finding them a place to do so.
Sharia Law
Article 130 of the Constitution allows for the implementation of Sharia Law which prohibits same-sex sexual activity in general. The maximum penalty is death and is applicable in cases of sex between men or between women.
2. Algeria
Penal Code, 1966
Article 338 Homosexuality- Article 338 criminalises “acts of homosexuality” with a maximum penalty of two years and a fine of 2000 dinars. The law applies to such acts both between men and between women.
Article 333 Acts against nature- Article 333 (modified) of the Penal Code 1966 increases the penalty for public indecency if it involves people of the same sex, whether between men or between women. The maximum penalty is three years and a fine of up to 10,000 dinars.
3. Antigua & Barbuda
Sexual Offences Act 1995
Section 12 Buggery: Section 12 of the Sexual Offences Act criminalises “sexual intercourse per anum by a male person with a male person or by a male person with a female person.” It applies only to same-sex intimacy between men and attracts a maximum sentence of 15 years in prison.
Section 15 Serious Indecency: Section 15 of the Sexual Offences Act criminalises any sexual act between two adults of the same sex. It applies to sexual acts both between men and women and attracts a maximum penalty of five years in prison.
4. Bangladesh
Penal Code 1860
Section 377 Unnatural Offences: Section 377 is originally a British colonial law. It criminalises “carnal intercourse against the order of nature” effectively criminalising consensual sexual activity between men. The maximum penalty is life imprisonment.
5. Barbados
Sexual Offences Act 1992
Section 9 Buggery: Section 9 criminalises the act of buggery with life imprisonment. It only applies to sexual intercourse between men.
Section 12 Serious Indecency: Section 12 criminalises acts of “serious indecency”, defined as any “act, whether natural or unnatural by a person involving the use of the genital organs for the purpose of arousing or gratifying sexual desire.” It applies to such acts between men and between women and is punishable with imprisonment of up to ten years.
6. Brunei
Penal Code 1951
Section 377 Unnatural Offences: Section 377 criminalises “carnal knowledge against the order of nature”, punishable with up to ten years imprisonment and a possible fine. The law is only applicable to men.
Syariah Penal Code Order 2013
Section 82 Liwat: Section 82 of the Syariah Penal Code criminalises ‘liwat’ (sexual intercourse between men), punishable in certain circumstances with death by stoning, or otherwise with whipping and imprisonment.
Syariah Penal Code Order 2013
Section 198 Man Posing as a Woman or Vice Versa: Section 198 of the Syariah Penal Code criminalises anyone who “dresses and poses” as the opposite sex in a public place “without reasonable excuse”, punishable with up to three months’ imprisonment, and a fine of up to B$1,000. Where this is done for “immoral purposes” (undefined), it is punishable with up to one-year imprisonment and a fine of up to B$4,000.
Syariah Penal Code Order 2013
Section 92 Musahaqah: Section 92 of the Syariah Penal Code criminalises ‘musahaqah’ (same-sex sexual activity between women), punishable with a fine of up to B$40,000, imprisonment for up to 10 years, whipping not exceeding 40 strokes or a combination of any two of these.
7. Burundi
Penal Code 2009
Article 567 Same-Sex Sexual Relations: Article 567 criminalises same-sex sexual relations with a penalty of up to two years imprisonment and a fine. This provision applies to sexual relations between men and between women.
8. Cameroon
Penal Code 2016
Article 347-1 Homosexuality: Article 347-1 prohibits sexual relations with a person of the same sex with a penalty of between six months to five years imprisonment, as well as a fine. The law is framed in gender-neutral terms and therefore applies to sexual relations between men and between women.
9. Chad
Penal Code 2017
Section 354: Section 354 criminalises same-sex intimacy between men and between women, punishable with imprisonment for up to 2 years and a fine of between 50,000 and 500,000 FCFA.
10. Comoros
Penal Code 1981
Article 318 Unnatural Acts: Article 318 criminalises “improper or unnatural” acts between persons of the same sex with a penalty of up to five years imprisonment and a fine. Acts between men and between women are penalised under this provision.
11. Cook Islands
Cook Islands is a self-governing island country in the South Pacific Ocean in free association with New Zealand.
Crimes Act 1969
Section 154 Indecency Between Males: Section 154 criminalises “indecent acts” between men, with a penalty of up to five years imprisonment. It is further provided that consent is not a defence to a charge under this section.
Section 155 Sodomy: Section 155 criminalises sodomy between men, with a penalty of up to seven years imprisonment. It is further provided that consent is not a defence to a charge under this section.
12. Dominica
Sexual Offences Act 1998
Section 14 Gross Indecency: Section 14 criminalises acts of “gross indecency” between persons of the same sex, encompassing sexual intimacy other than sexual intercourse. Acts between men and between women are penalised under this law. Following an amendment in 2016, this offence carries a punishment of twelve years imprisonment.
Section 16(1) Buggery: Section 16(1) criminalises “buggery” between adult men with a penalty of ten years imprisonment with the possibility of admission to a psychiatric hospital for treatment. Only such acts between men are criminalised under this provision.
Section 16(2) Attempted Buggery: Section 16(2) criminalises attempts to commit “buggery” with a penalty of four years imprisonment and the possibility of admission to a psychiatric hospital for treatment.
13. Egypt
Penal Code 1937
Article 269 bis Indecency: Article 269 bis prohibits incitement to indecency with a penalty of up to one-month imprisonment, or up to six months and a fine for repeat offenders.
Article 278 Scandalous Act: Article 278 criminalises scandalous acts with a penalty of up to one-year imprisonment or a fine.
Law 10/1961 on the Combating of Prostitution
Article 9 Debauchery or Prostitution: Article 9 criminalises enabling acts of debauchery or prostitution, as well as the acts themselves, with a penalty of up to three years imprisonment and a fine.
14. Eritrea
Penal Code 1957
Article 600 Unnatural Carnal Offences: Article 600 of the Penal Code criminalises sexual acts with a person of the same sex with a penalty of up to three years imprisonment. The language of this provision is gender-neutral. As such, sexual acts between men and between women are criminalised.
15. Eswatini
Common-Law
The colonial-era common law continues to criminalise sodomy, defined as same-sex sexual relations between men, although there is no clear sentence specified for this offence. The situation regarding women is unclear, however, there appear to be no specific provisions criminalising sexual relations between females.
16. Ethiopia
Criminal Code 2004
Article 629 Homosexual and other Indecent Acts: Article 629 criminalises homosexual or indecent acts, punishable with at least one year of imprisonment. This provision criminalises such acts both between men and between women.
17. Ghana
Criminal Code 1960
Section 104 Unnatural Carnal Knowledge: Section 104 uniquely distinguishes between non-consensual and consensual sexual intercourse in “an unnatural manner” – the former being a ‘first-degree felony’ and the latter a ‘misdemeanour’. Under the Criminal Procedure Code, misdemeanour offences carry a penalty of up to three years imprisonment. The law is only applicable to sexual intercourse between men.
18. Grenada
Criminal Code 1987
Section 430 Committing Grossly Indecent Act: Section 430 criminalises “grossly indecent acts”, punishable by two years imprisonment and/or a fine. While the language is gender-neutral, only sexual acts between men are criminalised under this provision.
Section 431 Unnatural Crime: Section 431 prohibits “unnatural connexion” with a penalty of ten years imprisonment. No definition of “unnatural connexion” is provided for under this provision, though it is thought to apply to sexual intercourse between men.
19. Guinea
Penal Code 1998
Article 325 Acts Against Nature: Article 325 of the Penal Code criminalises “any indecent act or act against nature” with a penalty of up to three years imprisonment and a fine. The provision is gender-neutral, criminalising such acts both between men and between women.
20. Guyana
Criminal Law (Offences) Act 1893
Section 352 Gross Indecency with Male Person: Section 352 prohibits acts of “gross indecency” between men, or the procurement or attempted procurement thereof, with a penalty of two years imprisonment.
Section 353 Attempts to Commit Unnatural Offences: Section 353 criminalises attempts to commit buggery, with a penalty of ten years imprisonment.
Section 354 Buggery: Under Section 354, anyone who commits buggery is liable to life imprisonment.
21. Indonesia
Provincial Ordinance on the Eradication of Immoral Behaviour (No. 13/2002) in South Sumatra
This Ordinance categorises and penalises same-sex relations as “immoral behaviour”.
Aceh Regulation (No. 6/2014) Articles 63 - 64
This Provincial Ordinance on criminal offences, introduced in 2014, imposes an interpretation of Sharia law under which same-sex sexual activity is punished with a penalty of 100 lashes and/or up-to eight years imprisonment. Article 63 prohibits male penetration, while Article 64 prohibits female same-sex sexual activity.
Penal Code 1999
Article 281 Offence Against Decency: Article 281 of the Indonesian Penal Code criminalises any person who “offends against decency” with a penalty of up to two years and eight months imprisonment, or a fine. There is evidence of this law being used to criminalise transgender and gender diverse people.
22. Iran
Penal Code 2013
Articles 233-234 Livat: Article 234 provides that ‘livat’ – defined under Article 233 as penetrative anal intercourse between men – is punishable with the death penalty.
Articles 235-236 Tafkhiz: Article 236 provides that ‘tafkhiz’ – defined under Article 235 as putting a male sex organ between the thighs/buttocks of another man – is punishable with 100 lashes, or the death penalty if the active party is non-Muslim and the passive party is Muslim.
Article 237 Other Homosexual Acts: Article 237 provides that same-sex intimacy between men and between women other than ‘livat’ or ‘tafkhiz’, such as “kissing or touching as a result of lust”, is punishable with 31-74 lashes.
Articles 238-240 Musaheqeh: Article 239 provides that ‘musaheqeh’ – defined under Article 238 as a woman putting her sex organ on the sex organ of another woman – is punishable with 100 lashes.
23. Iraq
Sharia Law
The Iraqi Penal Code does not expressly prohibit consensual same-sex sexual relations. However, there have been numerous reports in recent years of non-state actors ordering the executions of men and women for same-sex intimacy.
24. Jamaica
Offences Against the Person Act 1864
Section 76 Unnatural Crime: Section 76 criminalises “buggery” between men with a penalty of up to ten years imprisonment, with or without hard labour.
Section 77 Attempted Buggery or Indecent Assault: Section 77 prohibits attempts to commit buggery or an indecent assault on a man, with a penalty of up to seven years imprisonment, with or without hard labour.
Section 79 Outrages on Decency: Section 79 criminalises acts of “gross indecency” between men, or the procurement or attempted procurement thereof, with a penalty of up to two years imprisonment, with or without hard labour.
25. Kenya
Penal Code 1930
Section 162 Unnatural Offences: Section 162 criminalises “carnal knowledge… against the order of nature”, with a penalty of 14 years imprisonment. This provision is applicable to sexual intercourse between men.
Section 163 Attempt to Commit Unnatural Offences: Section 163 prohibits attempts to commit the offences criminalised under Section 162, with a penalty of seven years imprisonment.
Section 165 Indecent Practices Between Males: Section 165 prohibits acts of “gross indecency” between men, or the procurement or attempted procurement thereof, with a penalty of five years imprisonment.
26. Kiribati
Penal Code 1977
Section 153 Unnatural Offences: Section 153 criminalises “buggery” between men, with a penalty of 14 years imprisonment.
Section 154 Attempt to Commit Unnatural Offences and Indecent Assaults: Section 154 criminalises attempts to commit buggery, or any indecent assault upon a male person, with a penalty of seven years imprisonment.
Section 155 Indecent Practices Between Males: Section 155 prohibits acts of “gross indecency” between males, or the procurement or attempted procurement thereof, with a penalty of five years imprisonment.
27. Kuwait
Penal Code 1960
Article 193 Consensual Intercourse Between Men: Article 193 criminalises consensual sex between men, with a penalty of up to seven years imprisonment.
Article 198 Lewd Acts: Article 198 criminalises “imitations” of the opposite sex and is used to limit gender expression by LGBT people.
28. Lebanon
Penal Code 1943
Article 534 Sexual Intercourse Against Nature: Article 534 prohibits “sexual intercourse against nature” with a penalty of up to one-year imprisonment.
Article 521 Disguising as a Woman: Article 521 criminalises gender expression by making it an offence for a man to “disguise himself as a woman”. The penalty for this offence is up to six years imprisonment.
29. Liberia
Penal Law 1976
Article 14.74 Voluntary Sodomy: Article 14.74 criminalises “deviate sexual intercourse”, defined broadly as “sexual contact between human beings who are not husband and wife or living together as man and wife though not legally married, consisting of contact between the penis and the anus, the mouth and the penis, or the mouth and vulva”. “Sexual contact” is further defined as “any touching of the sexual or other intimate parts of a person for the purpose of arousing or gratifying sexual desire.” The offence is punishable with up to one-year imprisonment and applies to sexual acts both between men and between women.
30. Libya
Penal Code 1953
Article 407(4) Illicit Sexual Intercourse: Article 407(4) criminalises “[illicit] sexual intercourse”, punishable with up to five years’ imprisonment. Both men and women are subject to this law.1
Article 408(4) Indecent Act: Article 408(4) criminalises anyone who “commits an indecent act with a partner with his consent”, punishable with imprisonment.
31. Malawi
Penal Code
Section 153 Unnatural Offences: Section 153 prohibits “carnal knowledge” against the “order of nature” with a penalty of fourteen years imprisonment, with or without corporal punishment. This provision is applicable to both men and women.
Section 154 Attempt to Commit Unnatural Offences: Section 154 prohibits attempts to commit the offences criminalised under Section 153 with a penalty of seven years imprisonment, with or without corporal punishment.
Section 156 Indecent Practices Between Males: Section 156 criminalises acts of “gross indecency” between men, or the procurement or attempted procurement thereof, with a penalty of five years imprisonment, with or without corporal punishment.
Section 137A Indecent Practices Between Females: The new Section 137A criminalises acts of “gross indecency” between women with a penalty of five years imprisonment.
Section 180(g) Idle and Disorderly Persons: Section 180(g) of the Penal Code criminalises men who wear their hair beyond a certain length, with a penalty of three months’ imprisonment, and for repeat offenders, six months imprisonment and a fine. This provision is seen as criminalising gender expression.
32. Malaysia
Penal Code 1936
Sections 377A/377B Unnatural Offences: Sections 377A and 377B prohibit “carnal intercourse against the order of nature” with a penalty of up to twenty years imprisonment and whipping. Both men and women are criminalised by this law.
Section 377D Outrages on Decency: Section 377D criminalises acts of “gross indecency” with a penalty of up to two years imprisonment. This provision applies equally to both men and women.
33. Maldives
Penal Code 2014
Section 410(a)(8) Unlawful Marriage: Section 410(a)(8) prohibits same-sex marriage with a penalty of up to one-year imprisonment.
Section 411(a)(2) Unlawful Sexual Intercourse: Section 411(a)(2) criminalises intercourse between persons of the same sex with a penalty of up to eight years imprisonment. Section 411(d) permits an additional penalty under Sharia law of 100 lashes. This provision is applicable to both men and women.
Section 412 Unlawful Sexual Contact: Section 412 prohibits sexual contact with a person of the same sex with a penalty of up to eight years imprisonment. This law applies equally to men and women.
34. Mauritania
Penal Code 1984
Article 308 Act Against Nature: Article 308 criminalises Muslim men who have sex with another man, punishable with death by stoning, albeit Mauritania has observed a de facto moratorium on the death penalty since 1987. Same-sex intimacy between women is punishable with up to two years imprisonment and a fine.
35. Mauritius
Criminal Code 1838
Section 250 Sodomy and Bestiality: Section 250 criminalises sodomy with a penalty of up to five years imprisonment. While the law applies to same-sex and opposite-sex sexual activity, it is broadly perceived as criminalising gay men. Same-sex sexual activity between women is not criminalised.
36. Morocco
Penal Code 1962
Article 489 Unnatural Acts: Article 489 prohibits “lewd or unnatural acts” between individuals of the same sex with a penalty of up to three years imprisonment and a fine.
37. Myanmar
Penal Code 1860
Section 377 Carnal Intercourse Against the Order of Nature
Section 377 criminalises “carnal intercourse against the order of nature” with a penalty of “transportation for life” or up to ten years imprisonment. This provision applies to both men and women.
Police Act 1945
Section 35(c) Disguise: Section 35(c) of the Police Act 1945 criminalises any person found with his face covered or disguised with a penalty of up to three months imprisonment. This law is used to penalise transgender persons.
38. Namibia
Common-Law
Sodomy is criminalised as an offence under Roman-Dutch common law. The offence is uncodified, however, case law suggests that it encompasses sexual intercourse between men only.
39. Nigeria
Criminal Code Act
Section 214 Carnal Knowledge Against the Order of Nature: Section 214 criminalises “carnal knowledge” against the order of nature with a penalty of fourteen years imprisonment. It applies to sexual intercourse between men. Section 215 criminalises attempts to commit the offences prohibited under Section 214.
Section 217 Gross Indecency: Section 217 prohibits acts of “gross indecency” between men, or the procurement or attempted procurement thereof, with a penalty of three years imprisonment.
Sharia Law: Sharia Law in 12 northern States criminalises same-sex intimacy between both men and women.
40. Oman
Penal Code 2018
Article 261 Same-Sex Intercourse Between Men: Article 261 of the new Penal Code criminalises consensual sex between men with a penalty of between six months and three years imprisonment.
Article 265 Indecent Acts: Article 265 prohibits acts of indecency committed publicly with a penalty of between ten days and three months imprisonment, as well as a fine.
Article 267 Indecent Images: Article 267 criminalises creating, distributing or displaying indecent or immoral images with a penalty of between ten days and one-year imprisonment and a fine. It is unclear what would constitute an indecent or immoral image under this provision.
Article 268 Indecent Communications: Article 268 prohibits the use of electronic communications to share indecent or immoral materials with a penalty of between ten days and one-month imprisonment and a fine. It is unclear what constitutes indecent or immoral materials for the purposes of this provision.
Article 266 Crossdressing: Article 266 makes it an offence for a man to appear dressed in women’s clothing. This offence carries a penalty of between one month and one-year imprisonment and a fine.
41. Pakistan
Penal Code 1860
Section 377 Unnatural Offences: Section 377, which originates from the Indian Penal Code that was imposed by the British colonial rulers, criminalises “carnal intercourse against the order of nature”, with a maximum penalty of life imprisonment. This provision applies only to sexual intercourse between men.
Hudood Ordinance 1979
Section 4 Zina: Section 4 criminalises sexual intercourse outside of marriage, in accordance with Sharia law principles. As non-heterosexual marriages are not legally recognised in Pakistan, all same-sex sexual intercourse is necessarily outside of marriage and so captured by this provision. The penalty is death by stoning for married people, or 100 lashes for unmarried people.
42. Palestine
British Mandate Criminal Code Ordinance 1936
Section 152(2) Sexual Acts Between Men: Section 152(2) of the British Mandate Criminal Code Ordinance 1936, which is still in force in Gaza, criminalises carnal knowledge “against the order of nature” with a penalty of up to ten years imprisonment.
43. Papua New Guinea
Criminal Code 1974, Section 210 Unnatural Offences: Section 210 criminalises sexual penetration “against the order of nature”, with a penalty of up to fourteen years imprisonment. Attempts to commit this offence are subject to a penalty of up to seven years imprisonment. Only such acts between men are criminalised by this law.
Section 212 Indecent Practices Between Males: Section 212 prohibits acts of “gross indecency” between men, or the procurement or attempted procurement thereof, with a penalty of up to three years imprisonment.
44. Qatar
Penal Code 2004
Article 281: Article 281 criminalises sexual intercourse “without compulsion, duress or ruse” with a female with a penalty of up to seven years imprisonment. The provision is gender-neutral as to the other party so applies to same-sex intimacy between women.
45. Saint Kitts and Nevis
Offences Against the Person Act 1986
Section 56 Sodomy and Bestiality: Section 56 criminalises buggery between men with a penalty of up to ten years imprisonment, with or without hard labour.
Section 57 Attempt to Commit an Infamous Crime: Section 57 prohibits attempts to commit “the said abominable crime” or any “indecent assault” upon a man is liable to up to four years imprisonment. The terms “infamous crime” and “abominable crime” are not defined.
46. Saint Lucia
Criminal Code 2004
Section 132 Gross Indecency: Section 132 criminalises sexual acts other than intercourse between two people of the same sex, with a maximum penalty of ten years imprisonment. This provision applies equally to such acts between men and between women.
Section 133 Buggery: Section 133 criminalises “buggery” – defined as “sexual intercourse per anus by a male person with another male person” – with a penalty of ten years imprisonment. This provision further criminalises attempts to commit buggery with a penalty of five years imprisonment.
47. Saint Vincent and the Grenadines
Criminal Code 1988
Section 146 Buggery: Section 146 prohibits buggery with a penalty of ten years imprisonment. The law applies to both men and women.
Section 148 Gross Indecency: Section 148 criminalises “gross indecency” between persons of the same sex, as well as the procurement or attempted procurement thereof, with a penalty of five years imprisonment. Both men and women are criminalised by this provision.
48. Samoa
Crimes Act 2013
Section 67 Sodomy: Section 67 criminalises sodomy committed between men, punishable with up to five years’ imprisonment.
Section 68 Attempt to Commit Sodomy: Section 68 prohibits attempts to commit sodomy, punishable with up to five years’ imprisonment.
Section 71 Keeping Place of Resort for Homosexual Acts: Section 71 provides further sanctions against people who are involved in the use of premises for the commission of “indecent acts” between men, punishable with up to seven years’ imprisonment.
49. Saudi Arabia
Sharia Law
Saudi Arabia operates an uncodified criminal code based on Sharia law. Under this framework, sex outside marriage is illegal. As same-sex marriage is not permitted, same-sex intimacy is criminalised. The punishment varies depending on the circumstances: married men and interfaith sex are punished with the death penalty, while non-married men are punished with flogging. Sharia law principles underpinning the criminal law in Saudi Arabia also impose strict dress codes that impact the gender expression of transgender people.
50. Senegal
Penal Code 1965
Article 319 Unnatural Acts: Article 319 criminalises “unnatural acts” between people of the same sex with a penalty of up to five years imprisonment and a fine. Such acts between men and between women are criminalised.
51. Sierra Leone
Offences Against the Person Act 1861
Section 61 Unnatural Offences: Section 61 of the Offences Against the Person Act 1861, which is an English law in force in Sierra Leone through the Courts Act 1965, criminalises buggery with a penalty of up to life imprisonment. This provision only applies to men.
52. Singapore
Penal Code 2008
Section 377A Outrages on Decency: Section 377A criminalises acts of “gross indecency” between men, or the procurement or attempted procurement thereof, with a penalty of up to two years imprisonment.
53. Solomon Islands
Penal Code 1996
Section 160 Unnatural Offences: Section 160 criminalises buggery, with a penalty of fourteen years imprisonment.
Section 161 Attempt to Commit Unnatural Offences and Indecent Assaults: Section 161 criminalises attempts to commit the offences outlined in Section 160 or any indecent assaults upon a man, with a penalty of seven years imprisonment.
Section 162 Indecent Practices Between Persons of the Same-Sex: Section 162 prohibits acts of “gross indecency” with a person of the same sex, or the procurement or the attempted procurement thereof, with a penalty of five years imprisonment. Such acts between men and between women are criminalised.
54. Somalia
Penal Code 1962
Article 409 Homosexuality: Article 409 criminalises “carnal intercourse with a person of the same sex” with a penalty of three months to three years imprisonment, with a lesser punishment for “an act of lust different from carnal intercourse.” Under Article 410, security measures may also be imposed. Sexual intimacy between men and between women are criminalised under this provision. The death penalty has been imposed by local groups.
55. South Sudan
Penal Code 2008
Section 248 Unnatural Offences: Section 248 criminalises “carnal intercourse against the order of nature”, with a maximum penalty of ten years imprisonment and a possible fine.
Section 249 Acts of Gross Indecency: Section 249 criminalises acts of “gross indecency”, punishable with up to 14 years imprisonment and/or a fine.
Section 379 Vagabond: Section 379 criminalises “any male person who dresses or is attired in the fashion of a woman” in public, with a penalty of up to three months imprisonment and a possible fine. It can be used to target transgender women.
56. Sri Lanka
Penal Code 1883
Section 365 Unnatural Offences: Section 365 criminalises “carnal intercourse against the order of nature”, with a penalty of up to ten years imprisonment and a fine. It is only applicable to intercourse between men.
Section 365A Acts of gross indecency between persons: Section 365A prohibits acts of “gross indecency”, or the procurement or attempted procurement thereof, with a penalty of up to two years imprisonment and/or a fine. This provision is applicable to acts between men and between women.
Section 399 Cheating by personation: Section 399 of the Penal Code criminalises cheating “by pretending to be some other person”, with a penalty of up to three years imprisonment and a possible fine. This provision can be used to target transgender persons.
57. Sudan
Penal Code 1991
Section 148 Sodomy: Section 148 prohibits sodomy with a penalty of up to five years imprisonment for the first offence; imprisonment for up to 7 years for the second offence; and, life imprisonment for the third offence. The provision is only applicable to men.
Section 151 Indecent Acts
Section 151 criminalises “indecent acts”, that is sexual acts not amounting to sodomy, with a penalty of up to one-year imprisonment. The law is equally applicable to acts between men and between women.
58. Syria
Penal Code 1949
Article 520 Unnatural Sexual Intercourse: Article 520 criminalises “unnatural sexual intercourse” with up to three years imprisonment. It is applicable to intercourse both between men and between women.
59. Tanzania
Penal Code 1945
Section 138A Acts of Gross Indecency Between Persons: Section 138A, introduced through Section 12 of the Sexual Offences Special Provisions Act 1998, criminalises acts of “gross indecency” between both men and women with a penalty of up to five years imprisonment or a fine of up to 300,000 shillings.
Section 154 Unnatural Offences: Section 154 criminalises “carnal knowledge… against the order of nature”, punishable with a maximum penalty of life imprisonment.
Section 155 Attempt to Commit Unnatural Offences: Section 155 criminalises attempts to commit the offences prohibited under Section 154 with a penalty of no less than twenty years imprisonment.
Section 157 Indecent Practices Between Males: Section 157 prohibits acts of “gross indecency” between males, as well as the procurement of or attempts to procure such acts with a penalty of five years imprisonment.
Zanzibar Penal Code 1934
The Penal Code of the semi-autonomous region of Zanzibar also criminalises “unnatural offences” (Section 150) with uptimes 14 years imprisonment; “gross indecency” (Section 154) with a penalty of up to five years imprisonment or a fine of up to 500,000 shillings; and, “acts of lesbianism” (Section 153) with up to five years imprisonment or a fine not up to 500,000 shillings.
60. The Gambia
Criminal Code 1934
Section 144 Unnatural Offences: Section 144 criminalises carnal knowledge “against the order of nature” with a penalty of up to 14 years imprisonment. Sexual acts are criminalised both between men and between women under this provision.
Section 144A (as amended by Section 4, Criminal Code (Amendment) Act 2014) Aggravated Homosexuality: Section 144A makes provision for the offence of “aggravated homosexuality”, which enumerates various aggravating circumstances, including where the offender is “living with HIV Aids” or a “serial offender”, punishable with life imprisonment.
Section 147(1) Indecent practices between males: Section 147(1) criminalises acts of “gross indecency” between males, defined as “any homosexual act”, or the procurement or attempted procurement thereof, with a penalty of five years imprisonment.
Section 167 Rogues and Vagabonds: Section 167, following amendment in 2013, criminalises any man who dresses in the fashion of a woman in a public place with a penalty of up to five years imprisonment and a possible fine.
Section 147(2) Indecent practices between females: Section 147(2), introduced through the Criminal Code (Amendment) Act 2005, criminalises acts of “gross indecency” between females, defined as “any homosexual act”, or the procurement or attempted procurement thereof, with a penalty of five years imprisonment.
61. Togo
Penal Code 1980
Article 88 Crimes Against Nature: Article 88 criminalises “crimes against nature” with someone of the same sex with a penalty of between one to three years imprisonment and a fine of between 100,000 to 500,000 Francs. It is applicable to both men and women.
62. Tonga
Criminal Offences Act
Section 136 Sodomy and Bestiality
Section 136 criminalises sodomy with a penalty of up to ten years imprisonment. While this provision is termed in gender-neutral language, only male homosexuality seems to be generally acknowledged in Tonga.
63. Tunisia
Penal Code 1913
Article 230 Sodomy: Article 230 criminalises sodomy between men with a penalty of three years imprisonment. The Arabic version of the law has been interpreted to criminalise homosexual acts between men and also between women.
64. Turkmenistan
Criminal Code 1997
Article 135 Homosexual Acts: Article 135 criminalises sexual intercourse between men with a penalty of up to two years imprisonment.
65. Tuvalu
Penal Code
Section 153 Unnatural Offences: Section 153 criminalises buggery between men with a punishment of fourteen years imprisonment.
Section 154 Attempts to Commit Unnatural Offences and Indecent Assault: Section 154 prohibits attempts to commit the offences listed in Section 153 with a penalty of seven years imprisonment.
Section 155 Indecent Practice Between Males: Section 155 criminalises acts of “gross indecency” between males with a penalty of five years imprisonment.
66. Uganda
Penal Code 1950
Section 145 Unnatural Offences: Section 145 criminalises “carnal knowledge… against the order of nature”, punishable with life imprisonment.
Section 146 Attempt to Commit Unnatural Offences: Section 146 criminalises attempts to commit any of the offences prohibited under Section 145, punishable with seven years imprisonment.
Section 148 Indecent Practices: Section 148 prohibits acts of “gross indecency”, punishable with seven years imprisonment. The provision is gender-neutral, applicable to acts between men and between women.
67. United Arab Emirates
Criminal Code of Abu Dhabi 1970,
Article 80 Unnatural Sex: Article 80 of the Abu Dhabi Criminal Code criminalises “unnatural sex with another person” with a penalty of up to 14 years imprisonment.
Article 177 Sodomy: Article 177 of the Dubai Criminal Code criminalises sodomy, with a penalty of ten years imprisonment.
Federal Penal Code 1987
Article 356: Article 356 criminalises “voluntary debasement”, punishable with imprisonment for up to one year. This provision captures same-sex intimacy.
Article 359: Under Article 359 “any male disguised in a female apparel and enters in this disguise a place reserved for women” is punishable with imprisonment for up to one year and a fine of up to ten thousand dirhams. This provision captures trans and gender diverse people.
Sharia Law
Under Sharia Law same-sex intimacy is punishable with death.
68. Uzbekistan
Criminal Code 1994
Article 120 Homosexual Intercourse: Article 120 punishes “voluntary sexual intercourse of two male individuals” with up to three years imprisonment. The law applies to men only.
69. Yemen
Penal Code 1994
Article 264 Homosexuality: Article 264 criminalises the act of sodomy, whether conducted by men or by men and women, with a maximum punishment of 100 lashings or up to one-year imprisonment if unmarried. Where the accused is married, a penalty of death by stoning can be imposed.
Article 268 Lesbianism: Article 268 criminalises sexual intercourse between women with a maximum penalty of three years imprisonment.
70. Zambia
Penal Code
Section 155 Unnatural Offences: Section 155 criminalises sex between men with a maximum penalty of life imprisonment.
Section 156 Attempt to Commit Unnatural Offences: Section 156 criminalises any attempt to commit “unnatural offences” prohibited under Section 155 with a maximum penalty of fourteen years imprisonment.
Section 158 Indecent Practices Between Persons of the Same-Sex: Section 158 criminalises acts of “gross indecency” both between men and between women with a maximum penalty of fourteen years imprisonment.
71: Zimbabwe
Criminal Law Act 2006
Section 73 Sodomy: Section 73 of the Criminal Law Act 2006 criminalises all sexual acts between men with a maximum penalty of one-year imprisonment and the possibility of a fine.
