LGBT rights in the Gambia

LGBT rights in the Gambia
The Gambia
Same-sex sexual activity legal?	Illegal since 1888 (as Gambia Colony and Protectorate)[1]
Penalty:	Up to life imprisonment [2]
Gender identity/expression	–

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

Law regarding same-sex sexual activity

The Gambia Criminal Code, as amended by the Criminal Code (Amendment) Act, 2005, provides as follows:^[3][4][5]

Section 144. Unnatural offenses.

(1) Any person who –
(a) has carnal knowledge of any person against the order of nature; or
[…]
(c) permits a male 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.

Section 145 provides that 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.

Section 147 states that a 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. The statute also states that a 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. The term "act of gross indecency" includes any homosexual act.

As of 2017 the president Adama Barrow said the law would not be used to prosecute homosexuals.^[6]

Recognition of same-sex relationships

Same-sex couples have no legal recognition.

Discrimination protections

There is no protection against discrimination based on sexual orientation.

Adoption of children

The Gambia prohibits LGBT persons from adopting children.^[7]

Living conditions

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.^[8] 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".^[9][10][11]

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.^[12]

In a cable to U.S. Secretary of State Hillary Clinton from Barry L. Wells, the U.S. ambassador to the Gambia, he recounted his meeting with Jammeh on 26 February 2010.

[The ambassador] ... suggested to President Jammeh that perception of him by outside observers could be attributed in large part to some of his more incendiary comments such as those related to ... "cutting off homosexual's [sic] heads". The President responded, "Yes I did make those comments but did I actually cut off anyone's head? Have I ever arrested anyone for being gay? No, but Senegal has arrested and imprisoned someone for being gay and they receive the [Millennium Challenge Corporation].... There are gays here in the Gambia, I know that. But they live in secret and that is fine with me, as long as they go about their business in private we don't mind. But if you are talking about marrying in this country, that will never happen. We will never accept gays."^[13]

Two Spanish men alleged to be gay, Pere Joan, 56 and Juan Monpserrat Rusa, 54, 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."^[14] The men were subsequently released, reportedly after the Spanish government intervened.^[15]

On 23 December 2008, Frank Boers, a 79-year-old man from the Netherlands, was arrested at Banjul's 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.^[15] After the sentencing, Boers told the prosecutor that he would prefer prison to the fine because he had no means to pay the fine.^[16]

On 10 April 2012, a court remanded 18 alleged homosexuals (16 from Senegal, 1 from the Gambia, and 1 from Nigeria) who were arrested on 9 April at a bar in the Tourism Development Area. They were "charged with indecent practice among themselves at a public place".^[17] 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".^[18] On 1 August 2012, the prosecutor dropped all charges in the case.^[19]

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.^[20]

Summary table

Same-sex sexual activity legal	(Penalty: Up to life imprisonment)
Equal age of consent
Anti-discrimination laws in employment only
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech)
Same-sex marriages
Recognition of same-sex couples
Step-child adoption by same-sex couples
Joint adoption by same-sex couples
Gays and lesbians allowed to serve openly in the military
Right to change legal gender
Access to IVF for lesbians
Commercial surrogacy for gay male couples
MSMs allowed to donate blood

See also

• LGBT rights in Africa
• Human rights in Africa

References