ILGA_State_Sponsored_Homophobia_2012

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Algeria Male/Male Illegal Female/Female Illegal Penal Code (Ordinance 66-156 of June 8, 1966) 127 128 Art. 338 - “Any person guilty of a homosexual act shall be punished with a term of imprisonment of between two months and two years and a fine of between 500 and 2,000 Algerian dinars.” Angola Male/Male Illegal Female/Female Illegal Penal Code of September 16, 1886, as amended in 1954 (Inherited from the Portuguese colonial era) 129 Articles 70 and 71 add security measures on people who habitually practice acts against the order of nature, stating that such people shall be sent to labor camps. For text of the law in Portuguese – see Mozambique section! Benin Male/Male Illegal Female/Female Illegal Article 88 of Benin’s Penal Code of 1996 provides: “Anyone who commits an indecent act or an act against nature with an individual of the same sex will be punished by 1 to 3 years imprisonment and a fine of 100,000 to 500,000 francs.” 130 According to the response by the State of Benin on its 2008 Periodic Review, ”issue of homosexuality, the phenomenon is not ignored but is marginal. Families would never allow their children to be taken to court for such an offence, so no criminal ruling has ever been rendered, although it is provided for by law.” 131 127 Text of the law is available at: http://lexalgeria.free.fr/penal.htm. 128 German Bundestag; Printed Paper 16/3597, p. 6, available at: http://www.volkerbeck.de/cms/files/16_3597_minor_interpellation.pdf 129 Relatório sobre os Direitos Humanos – 2005 – Angola, available at : http://luanda.usembassy.gov/wwwhdireitoshumanos05.html 130 Submission in the UPR review of: Benin. Available at: http://lib.ohchr.org/HRBodies/UPR/Documents/Session2/BJ/ILGA_BEN_UPR_S2_2008_InternationalLesbianandGayAsso ciation_uprsubmission_JOINT.pdf 131 See para.29. A/HRC/8/39 State-Sponsored Homophobia – May 2011 ILGA – The International Lesbian, Gay, Bisexual, Trans and Intersex Association - www.ilga.org 25
Botswana Male/Male Illegal Female/Female Illegal PENAL CODE [Chapter 08:01] 132 , amended by the Penal Code Amendment Act 5, 1998 133 . Section 164. Unnatural offences “Any person who; (a) has carnal knowledge of any person against the order of nature; (b) has carnal knowledge of any animal; or (c) permits any other person to have carnal knowledge of him or her against the order of nature, is guilty of an offences and is liable to imprisonment for a term not exceeding seven years.” Section 165. Attempts to commit unnatural offences “Any person who attempts to commit any of the offences specified in section 164 is guilty of an offence and is liable to imprisonment for a term not exceeding five years.” Section 167. Indecent practices between persons “Any person who, whether in public or private, commits any act of gross indecency with another person, or procures another person to commit any act of gross indecency with him or her, or attempts to procure the commission of any such act by any person with himself or herself or with another person, whether in public or private, is guilty of an offence.” Burundi Male/Male Illegal Female/Female Illegal Law No. 1/05 of 22 April 2009 concerning the revision of the Penal Code 134 Article 567: "Whoever has sexual relations with someone of the same sex shall be punished with imprisonment for three months to two years and a fine of fifty thousand to one hundred thousand francs or one of those penalties." (Unofficial translation) Cameroon Male/Male Illegal Female/Female Illegal Penal Code of 1965 and 1967, as amended in 1972 135 The French text of article 347bis is: ‘Est puni d’un emprisonnement de six mois à cinq ans et d’une amende de 20.000 à 200.000 francs toute personne qui a des rapports sexuels avec une personne de son sexe.’ 136 An English version of this article given by Human Rights Watch is: ‘Whoever has sexual relations with a person of the same sex shall be punished with imprisonment from six months to five years and fine of from 20,000 to 200,000 francs.’ 137 According to Waaldijk (2011), it is unclear whether this is the official English version, or only a translation of the French version. 132 Text of the law is available at : http://www.laws.gov.bw/VOLUME%202/CHAPTER%2008-01%20PENAL%20CODE.pdf. 133 See Scott Long, ‘Before the law: Criminalizing sexual conduct in colonial and post-colonial southern African societies’ in: More than a name: State-Sponsored Homophobia and Its Consequences in Southern Africa, New York: Human Rights Watch & International Gay and Lesbian Human Rights Commission, available at www.hrw.org/en/reports/2003/05/13/more-name-0, p. 272-274 134 Text of the law available at: http://www.oag.bi/IMG/rtf/code_penal_burundais-2.rtf. State-Sponsored Homophobia – May 2011 ILGA – The International Lesbian, Gay, Bisexual, Trans and Intersex Association - www.ilga.org 26
Page 1 and 2: State-sponsored Homophobia May 2012
Page 3 and 4: Zambia ............................
Page 5 and 6: From the Co-Secretaries General Thi
Page 7 and 8: From the Author Knowing the law is
Page 9 and 10: Violence and safety beyond the law
Page 11 and 12: Likewise, an HIV/AIDS prevention vi
Page 13 and 14: Latin America and Caribbean (1977),
Page 15 and 16: Latin America and the Caribbean (19
Page 17 and 18: Latin America & Caribbean North Ame
Page 19 and 20: Latin America & Caribbean North Ame
Page 21 and 22: Oceania Some states in Australia 11
Page 23 and 24: AFRICA Political and State-Sponsore
Page 25: • Address underlying prejudices a
Page 29 and 30: Ethiopia Male/Male Illegal Female/F
Page 31 and 32: “Section 165. Any male person who
Page 33 and 34: Mauritania Male/Male Illegal Female
Page 35 and 36: The states which have adopted such
Page 37 and 38: Sudan Male/Male Illegal Female/Fema
Page 39 and 40: Uganda Male/Male Illegal Female/Fem
Page 41 and 42: ASIA Half of Asian countries still
Page 43 and 44: Chapter 2: Classes of crime Section
Page 45 and 46: testimony by the witnesses, his pun
Page 47 and 48: Maldives Male/Male Illegal Female/F
Page 49 and 50: Singapore Male/Male Illegal Female/
Page 51 and 52: Uzbekistan Male/Male Illegal Female
Page 53 and 54: Turkish Republic of Northern Cyprus
Page 55 and 56: In the scenario described, oppressi
Page 57 and 58: concept to destabilize universalist
Page 59 and 60: Belize Male/Male Illegal Female/Fem
Page 61 and 62: knowledge, it shall not be necessar
Page 63 and 64: OCEANIA Different stages in the ref
Page 65 and 66: Indecent practices between males Se
Page 67 and 68: Solomon Islands Male/Male Illegal F
Page 69: This report compiled by Lucas Paoli

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