ILGA_State_Sponsored_Homophobia_2012
ILGA_State_Sponsored_Homophobia_2012
ILGA_State_Sponsored_Homophobia_2012
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The states which have adopted such laws are: 161<br />
Bauchi (the year 2001), Borno (2000), Gombe (2001), Jigawa (2000), Kaduna (2001), Kano (2000), Katsina<br />
(2000), Kebbi (2000), Niger (2000), Sokoto (2000), Yobe (2001) and Zamfara (2000).<br />
According to Waaldijk (2011), both in 2006 and 2009, a legislative proposal has been introduced to further<br />
criminalise homosexuality. The ‘Same Gender Marriage (Prohibition) Bill’ received approval in the House of<br />
Representatives of Nigeria in January 2009, and among other things would make it a crime for people of the<br />
same sex to live together 162 . Apparently, that bill did not succeed in becoming law.<br />
São Tomé and Principe<br />
Male/Male Illegal Female/Female Illegal<br />
Penal Code of September 16, 1886, as amended in 1954 (Inherited from the Portuguese colonial era) 163<br />
Articles 70 and 71 ad security measures on people who habitually practice acts against the order of nature,<br />
stating such people shall be sent to labor camps.<br />
For text of the law in Portuguese – see Mozambique section.<br />
It should be noted that the country nevertheless signed the 2008 UN <strong>State</strong>ment against criminalization and<br />
persecution on the basis of sexual orientation. 164<br />
Senegal<br />
Male/Male Illegal Female/Female Illegal<br />
Penal Code of 1965 165<br />
Article 319: 3. “Without prejudice to the more serious penalties provided for in the preceding paragraphs or<br />
by articles 320 and 321 of this Code, whoever will have committed an improper or unnatural act with a<br />
person of the same sex will be punished by imprisonment of between one and five years and by a fine of<br />
100,000 to 1,500,000 francs. If the act was committed with a person below the age of 21, the maximum<br />
penalty will always be applied.”<br />
Seychelles<br />
Male/Male Illegal Female/Female Legal<br />
Criminal Code of 1955 166<br />
Section 151. “Any person who –<br />
a. has carnal knowledge of any person against the order of nature; or<br />
b. has carnal knowledge of an animal; or<br />
c. permits a male person to have carnal knowledge of him or her against the order of nature, is guilty of a<br />
felony, and is liable to imprisonment for fourteen years.”<br />
161 See The Unfizzled Sharia Vector in the Nigerian <strong>State</strong>, available at:<br />
http://www.nigerdeltacongress.com/uarticles/unfizzled_sharia_vector_in_the_n.htm .<br />
162 Human Rights Watch (2009), Nigeria: Reject ‘Same Gender’ Marriage Ban. Available at:<br />
www.hrw.org/en/news/2009/01/26/nigeria-reject-same-gender-marriage-ban)<br />
163 See São Tomé and Principe: Oil and tourism threaten to treble rate of HIV infect in five years, available at:<br />
http://www.irinnews.org.<br />
164 See http://www.amnesty.org/es/library/asset/IOR40/024/2008/en/269de167-d107-11dd-984efdc7ffcd27a6/ior400242008en.pdf.<br />
165 Text of the law is available at: http://www.justice.gouv.sn/droitp/CODE%20PENAL.PDF.<br />
<strong>State</strong>-<strong>Sponsored</strong> <strong>Homophobia</strong> – May 2011<br />
<strong>ILGA</strong> – The International Lesbian, Gay, Bisexual, Trans and Intersex Association - www.ilga.org<br />
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