LGBT rights in Sierra Leone

Last updated

LGBT rights in Sierra Leone
LocationSierraLeone.png
Sierra Leone
Status Male illegal since 1861 (as Colony of Sierra Leone). [1] Female always legal.
PenaltyLife imprisonment.
Gender identity No
Military No
Discrimination protections No
Family rights
Recognition of relationships No
Adoption No

Lesbian, gay, bisexual, and transgender (LGBT) people in Sierra Leone face legal challenges not experienced by non-LGBT residents. Male same-sex sexual activity (whether in public or private) is illegal in Sierra Leone and carries a possible penalty of life imprisonment (with hard labor), although this law is seldom enforced.

Contents

In 2011, Sierra Leone was one of five African countries to join the United Nations' "Joint Statement on Ending Acts of Violence Related Human Rights Violations Based on Sexual Orientation and Gender Identity", which called for an end to "acts of violence, criminal sanctions and related human rights violations committed against individuals because of their sexual orientation or gender identity". [2]

Law regarding same-sex sexual activity

Male same-sex sexual activity is illegal under Section 61 of the Offences against the Person Act 1861, and imprisonment for life is possible. Female same-sex sexual activity is legal. [3]

Sodomy ... : Whosoever shall be convicted of the abominable crime of buggery, committed ... with mankind ... , shall be liable..... to be kept in penal servitude for life. [4]

This law was colonial inheritance from the British Empire. [5]

In 2011, Sierra Leone was one of five African countries to join the United Nations' "Joint Statement on Ending Acts of Violence Related Human Rights Violations Based on Sexual Orientation and Gender Identity", which called for an end to "acts of violence, criminal sanctions and related human rights violations committed against individuals because of their sexual orientation or gender identity". [2]

Recognition of same-sex relationships

There is no recognition of same-sex relationships.

Adoption and family planning

According to the U.S. Department of State, "A single male may not adopt a child unless there are exceptional circumstances or the child is a son of the prospective adoptive father. Only married couples may adopt jointly." [6]

Discrimination protections

The Sierra Leone constitution and laws does not protect against discrimination based on sexual orientation or gender identity. [7]

The Sierra Leone Human Rights Commission does not work on LGBT rights because, according to its communications director in 2011, "the law of Sierra Leone does not give the Commission mandate to advocate and support LGBT human rights". [8]

Living conditions

According to a report filed by the U.S. embassy in Sierra Leone in 2011, [4]

Many Sierra Leoneans believe that homosexuality is practiced exclusively by, or through inducements from, foreigners -- it is assumed that homosexuals are either copying Western practices, or motivated by economics. A number of Sierra Leoneans, even those with considerable exposure to Western culture, said that homosexuality does not exist locally, and any cases were due directly to Western influence. ... The few Sierra Leoneans who admitted knowing someone they believed to be homosexual said that in no case would anyone openly admit it, and if they did, they would be shunned by their families and friends and possibly threatened by community members. ... While societal stigmas keep homosexuality in the closet, there are no "witch hunts" demanding tougher legislation or enforcement of the 1861 law, either, and this in a country where communities do have actual witch hunts.

Politicians, political parties, and other political organizations in Sierra Leone avoid making public statements on LGBT rights or come out in opposition to them on religious grounds. Members of the LGBT community in Sierra Leone began to campaign for LGBT rights in 2002, with the creation of the Dignity Association. [9]

In 2004, Fannyann Eddy was murdered. She was the founder of the first LGBT rights organization in Sierra Leone, the Sierra Leone Lesbian and Gay Association. According to initial reports, several men brutally raped and murdered her at her office. Many human rights activists believed that she was targeted for being gay and because of her work on behalf of women and the LGBT community. The criminal investigation division of the Sierra Leone police force, however, said in 2005 that there was no evidence of sexual violence and that the murder could not be blamed on homophobia. The person charged with the murder was a "disgruntled janitorial worker whom Ms. Eddy had fired weeks prior to the murder" and who was reported to have "threatened to take revenge" on her. [10]

In 2011, the government, through the National AIDS/HIV Control Program (NACP), conducted its first ever study of men who have sex with other men (MSM). The study found that although society may be very quick to label these men as "gay", many of them do not connect their sexual practices with being "gay", instead insisting on a heterosexual identity. The study also found that having multiple male sexual partners and bisexuality are very common among MSM. The HIV infection rate among MSM was 7.5 percent, more than five times the national HIV prevalence, "which means that MSM communities are important drivers of [the] HIV epidemic in the country. MSM are mostly found to have concurrent sexual relationships with the opposite sex. This enables a cycle of HIV transmission in the most likely occurrence of multiple sexual partnering. This is a great threat to public health in general and has become a priority concern of [the National HIV/Aids Secretariat of Sierra Leone] ... and NACP. High HIV prevalence amongst MSM cannot be blamed on their sexual practices per se." [10]

British Prime Minister David Cameron said in October 2011 that the United Kingdom may withhold aid from countries that do not recognise LGBT rights. In response, Deputy Information Minister Sheka Tarawalie told the news media in November 2011 that "it is not possible that we will legalise same sex marriages as they run counter to our culture". The president of the Methodist Church in Sierra Leone, Bishop Arnold Temple, said, "The church in Sierra Leone will do everything possible to protect democracy but our values will not accept the call from ... Mr Cameron for countries in the Commonwealth ... to accept the practice of lesbianism and gayism. We call on the government ... to inform the British leader that such practices are unacceptable and we condemn it totally. Africa should not be seen as a continent in need to be influenced by the demonic threat as our values are totally different." [11]

The U.S. Department of State's 2012 Human Rights Report found: [7]

A law from 1861 prohibits male homosexual acts ("buggery" and "crimes against nature"); however, there is no legal prohibition against female-to-female sex. The 1861 law carries a penalty of life imprisonment for "indecent assault" upon a man or 10 years for attempting such an assault. However, the law was not enforced in practice. During the country's Universal Periodic Review before the UN Human Rights Council in May 2011, the attorney general told the Working Group that all persons in the country would be protected regardless of their sexual orientation. However, the government subsequently rejected three of 129 Working Group recommendations, two calling for decriminalizing all sexual activity between consulting adults and one calling for legislation to prohibit discrimination based on sexual orientation and gender identity. Despite the lack of enforcement of the 1861 law, police continued to harass, detain, beat, and denounce persons perceived to be members of the LGBT community. Men dressed as women were singled out for detention, harassment, and public humiliation but were not formally charged with any crime or misdemeanor. A few organizations, including DignitySL and the local chapter of Why Can't We Get Married.com, worked to support LGBT persons, but they maintained very low profiles. Gay pride parades and other public displays of solidarity could not safely take place. Social discrimination based on sexual orientation occurred in nearly every facet of life for known gays and lesbians, and many chose to have heterosexual relationships and family units to shield them. In the areas of employment and education, sexual orientation was the basis for abusive treatment, which led individuals to leave their jobs or courses of study. It was difficult for gay men and lesbians to receive health services due to fear that their confidentiality rights would be ignored if they were honest about their ailments; many chose not to be tested or treated for sexually transmitted infections. Secure housing was also a problem for LGBT persons. The families of LGBT persons frequently shunned their gay children, leading some children to turn to prostitution to survive. Adults could lose their leases if their sexual orientation became public. Lesbian girls and women were also victims of "planned rapes" that were initiated by family members in an effort to change their sexual orientation. Religious groups reportedly promoted discrimination against the LGBT community.

Summary table

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

See also

Related Research Articles

<span class="mw-page-title-main">LGBT rights in Mali</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Mali face legal and societal challenges not experienced by non-LGBT residents. Although same-sex sexual activity is not illegal in Mali, LGBT people face widespread discrimination among the broader population. According to the 2007 Pew Global Attitudes Project, 98 percent of Malian adults believed that homosexuality is considered something society should not accept, which was the highest rate of non-acceptance in the 45 countries surveyed.

<span class="mw-page-title-main">LGBT rights in Burkina Faso</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Burkina Faso face legal issues not experienced by non-LGBT citizens. Although same-sex sexual acts are legal for both men and women in Burkina Faso, there is no legal recognition of same-sex marriage or adoption rights.

<span class="mw-page-title-main">LGBT rights in Ghana</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Ghana face legal and societal challenges and discrimination not experienced by non-LGBT citizens.

<span class="mw-page-title-main">LGBT rights in Afghanistan</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in the Islamic Emirate of Afghanistan face severe challenges not experienced by non-LGBT residents. Afghan members of the LGBT community are forced to keep their gender identity and sexual orientation secret, in fear of violence and the death penalty. The religious nature of the country has limited any opportunity for public discussion, with any mention of homosexuality and related terms deemed taboo.

<span class="mw-page-title-main">LGBT rights in Cambodia</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Cambodia face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Cambodia. Cambodia provides no anti-discrimination protections for LGBT people, nor does it prohibit hate crimes based on sexual orientation and gender identity.

<span class="mw-page-title-main">LGBT rights in Armenia</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Armenia face legal and social challenges not experienced by non-LGBT residents, due in part to the lack of laws prohibiting discrimination on the grounds of sexual orientation and gender identity and in part to prevailing negative attitudes about LGBT persons throughout society.

<span class="mw-page-title-main">LGBT rights in Kazakhstan</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Kazakhstan face legal challenges not experienced by non-LGBT citizens. Both male and female same-sex sexual activity are legal in Kazakhstan, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.

<span class="mw-page-title-main">LGBT rights in Dominica</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Dominica face legal challenges not experienced by non-LGBT residents. Sodomy, also known as "buggery", is illegal for both heterosexuals and homosexuals. Dominica provides no recognition to same-sex unions, whether in the form of marriage or civil unions, and no law prohibits discrimination on the basis of sexual orientation or gender identity.

<span class="mw-page-title-main">LGBT rights in Somalia</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Somalia face severe challenges not experienced by non-LGBT residents. Consensual same-sex sexual activity is illegal for both men and women. In areas controlled by al-Shabab, and in Jubaland, capital punishment is imposed for such sexual activity. In other areas, where Sharia does not apply, the civil law code specifies prison sentences of up to three years as penalty. LGBT people are regularly prosecuted by the government and additionally face stigmatization among the broader population. Stigmatization and criminalisation of homosexuality in Somalia occur in a legal and cultural context where 99% of the population follow Islam as their religion, while the country has had an unstable government and has been subjected to a civil war for decades.

<span class="mw-page-title-main">LGBT rights in Eswatini</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Eswatini have limited legal rights. According to Rock of Hope, a Swati LGBT advocacy group, "there is no legislation recognising LGBTIs or protecting the right to a non-heterosexual orientation and gender identity and as a result [LGBT people] cannot be open about their orientation or gender identity for fear of rejection and discrimination". Homosexuality is illegal in Eswatini, though this law is in practice unenforced. According to the 2021 Human Rights Practices Report from the US Department of State, "there has never been an arrest or prosecution for consensual same-sex conduct."

<span class="mw-page-title-main">LGBT rights in Zambia</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Zambia face significant challenges not experienced by non-LGBT residents. Same-sex sexual activity is illegal for both males and females in Zambia. Formerly a colony of the British Empire, Zambia inherited the laws and legal system of its colonial occupiers upon independence in 1964. Laws concerning homosexuality have largely remained unchanged since then, and homosexuality is covered by sodomy laws that also proscribe bestiality. Social attitudes toward LGBT people are mostly negative and coloured by perceptions that homosexuality is immoral and a form of insanity. However, in recent years, younger generations are beginning to show positive and open minded attitudes towards their LGBT peers.

<span class="mw-page-title-main">LGBT rights at the United Nations</span>

Discussions of LGBT rights at the United Nations have included resolutions and joint statements in the United Nations General Assembly and the United Nations Human Rights Council (UNHRC), attention to the expert-led human rights mechanisms, as well as by the UN Agencies.

<span class="mw-page-title-main">LGBT rights in Lesotho</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Lesotho face legal challenges not experienced by non-LGBT residents. Lesotho does not recognise same-sex marriages or civil unions, nor does it ban discrimination on the basis of sexual orientation or gender identity.

<span class="mw-page-title-main">LGBT rights in the Federated States of Micronesia</span>

Lesbian, gay, bisexual and transgender (LGBT) people in Micronesia may face challenges not faced by non-LGBT people. Households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples, as same-sex marriage and civil unions are not recognized. Discrimination on the basis of sexual orientation has been illegal since 2018.

<span class="mw-page-title-main">LGBT rights in the Marshall Islands</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in the Marshall Islands may face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity has been legal in the Marshall Islands since 2005, and discrimination on the basis of sexual orientation and gender identity has been outlawed in all areas since 2019. Despite this, households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples, as same-sex marriage and civil unions are not recognized.

<span class="mw-page-title-main">LGBT rights in Samoa</span>

Lesbian, gay, bisexual and transgender (LGBT) people in Samoa face legal challenges not faced by non-LGBT people. Same-sex sexual acts are illegal, punishable by up to seven years imprisonment, but the law is not enforced.

<span class="mw-page-title-main">LGBT rights in Tuvalu</span>

Lesbian, gay, bisexual and transgender (LGBT) people in Tuvalu face challenges not faced by non-LGBT people. Sections 153, 154 and 155 of the Penal Code outlaw male homosexual intercourse with a penalty of up to 14 years in prison, but the law is not enforced. Employment discrimination on the basis of sexual orientation has been banned since 2017.

The right to sexuality incorporates the right to express one's sexuality and to be free from discrimination on the grounds of sexual orientation. Specifically, it relates to the human rights of people of diverse sexual orientations, including lesbian, gay, bisexual and transgender (LGBT) people, and the protection of those rights, although it is equally applicable to heterosexuality. The right to sexuality and freedom from discrimination on the grounds of sexual orientation is based on the universality of human rights and the inalienable nature of rights belonging to every person by virtue of being human.

<span class="mw-page-title-main">Outline of LGBT topics</span> Overview of and topical guide to LGBT topics

The following outline offers an overview and guide to LGBT topics.

<span class="mw-page-title-main">LGBT health in South Korea</span>

The health access and health vulnerabilities experienced by the lesbian, gay, bisexual, transgender, queer or questioning, intersex, asexual (LGBTQIA) community in South Korea are influenced by the state's continuous failure to pass anti-discrimination laws that prohibit discrimination based on sexual orientation and gender identity. The construction and reinforcement of the South Korean national subject, "kungmin," and the basis of Confucianism and Christian churches perpetuates heteronormativity, homophobia, discrimination, and harassment towards the LGBTQI community. The minority stress model can be used to explain the consequences of daily social stressors, like prejudice and discrimination, that sexual minorities face that result in a hostile social environment. Exposure to a hostile environment can lead to health disparities within the LGBTQI community, like higher rates of depression, suicide, suicide ideation, and health risk behavior. Korean public opinion and acceptance of the LGBTQI community have improved over the past two decades, but change has been slow, considering the increased opposition from Christian activist groups. In South Korea, obstacles to LGBTQI healthcare are characterized by discrimination, a lack of medical professionals and medical facilities trained to care for LGBTQI individuals, a lack of legal protection and regulation from governmental entities, and the lack of medical care coverage to provide for the health care needs of LGBTQI individuals. The presence of Korean LGBTQI organizations is a response to the lack of access to healthcare and human rights protection in South Korea. It is also important to note that research that focuses on Korean LGBTQI health access and vulnerabilities is limited in quantity and quality as pushback from the public and government continues.

References

  1. ↑ "Where is it illegal to be gay?". BBC News. 10 February 2014.
  2. 1 2 "Over 80 Nations Support Statement at Human Rights Council on LGBT Rights". U.S. Mission to International Organizations in Geneva. 22 March 2011.
  3. ↑ "State-Sponsored Homophobia" (PDF). 11 June 2012. Archived from the original (PDF) on 11 June 2012.
  4. 1 2 "SEXUAL ORIENTATION IN SIERRA LEONE: QUIETLY IN THE". 9 November 2013. Archived from the original on 9 November 2013.
  5. ↑ "IOA". IOA. Archived from the original on 19 December 2014. Retrieved 10 January 2017.
  6. ↑ "SIERRA LEONE | Intercountry Adoption". Archived from the original on 14 December 2012.
  7. 1 2 "2012 Country Reports on Human Rights Practices: Sierra Leone, Bureau of Democracy, Human Rights and Labor, U.S. Department of State, p. 30" (PDF).
  8. ↑ ""Radio Interview Leading to Homophobic and Trans-phobic reaction in Sierra Leone", Global Forum on MSM and HIV, 13 November 2011" (PDF). Archived from the original (PDF) on 1 March 2014. Retrieved 31 August 2012.
  9. ↑ "Breaking the Silence on Human Rights Violations in Sierra Leone under the International Covenant on Civil and Political Rights (ICCPR): A Shadow Report on Discrimination and Violence Based on Sexual Orientation and Gender Identity" (PDF). Retrieved 14 January 2021.
  10. 1 2 "Gay Sierra Leone News & Reports". archive.globalgayz.com.
  11. ↑ "Sierra Leone says no to gay marriage". News24. 9 November 2011.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.