LGBT rights in Mali

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. The Constitution of Mali has outlawed same-sex marriage since 2023.

The United States Department of States points to laws in Mali which prohibit "attacks on morality", and states these laws are used to target LGBT persons; these laws are actively enforced.

Legal status

Private, adult, consensual and non-commercial same-sex sexual acts are legal in Mali and have never been criminalised. While legal, the prevailing cultural and religious beliefs of most Mali citizens view same-sex sexual activity and non-traditional gender roles as immoral.

There are provisions against "public outrages on decency", under which LGBT and transgender individuals are disproportionately prosecuted. Article 224 of the Code pénal allows for penalties of up to two years in prison and a fine of up to 200,000 FCFA (West African CFA francs) for offences. It may be used against LGBT people who engage in public displays of affection, for example.

The age of consent is set at 15 years; it does not differ for same-sex participants.

Discrimination protections

There are no anti-discrimination laws to protect the LGBT community from harassment and abuse on the basis of sexual orientation and gender identity. Also, societal discrimination is widespread.

Adoption and family planning

Article 522 of the "Code des Personnes et de la Famille", which was passed by the National Assembly on 2 December 2011 and subsequently signed into the law by the president of Mali, forbids same-sex couples from adopting children.

Mali's new constitution, adopted by referendum in June 2023, includes a clause limiting marriage to a union of one man and one woman.

Living conditions

According to Dr. Dembelé Bintou Keita, the director of ARCAD/SIDA, an HIV/AIDS organization in Mali that provides health care for men who have sex with men (MSM), Malian society is not tolerant to MSM. They "have no rights and certainly no right to claim their sexual orientation. All cultural beliefs towards MSM are negative." MSM are forced into bisexuality or underground sexual practices that put them at high risk of sexually transmitted and HIV infections. "Men who are attracted to other men are forced to get married so that they will not bring shame to the family ... but they still have men as sexual partners."

The U.S. Department of State's 2011 human rights report found that,

There were no publicly visible lesbian, gay, bisexual, and transgender (LGBT) organizations in the country. The free association of LGBT organizations was impeded by a law prohibiting association "for an immoral purpose"; in 2005 the then governor of the District of Bamako cited this law to refuse official recognition to a gay rights association.

Summary table

See also

• Human rights in Mali
• LGBT rights in Africa

Notes

References