Mali adopts draft penal code that would criminalize homosexuality

On October 31, Mali’s Transitional National Council approved a draft penal code aiming to criminalise homosexual acts.

Following the meeting, Minister Mamoudou Kassogué stated that individuals who promote or engage in same-sex relationships would face prosecution, according to ‘Washington Blade’.

“There are provisions in our laws that prohibit homosexuality in Mali,” he said. “Anyone engaging in this practice, promoting or apologizing for it, will be prosecuted. We will not accept that our customs and values ​​are violated by people from elsewhere.”

Nginda Nganga, an activist for LGBTQ+ rights in Africa, criticised the Malian government for its focus on sexual orientation, arguing that “LGBTQI+ people have always existed, and they always will. It's a human rights issue, and honestly, I have never understood why some are so concerned about others’ personal choices and private lives,” calling it “strange.”

Eugene Djoko, another rights activist from Africa, argued that policing sexual orientation won't solve Mali's challenges. Djoko remarked, “According to the minister, anyone who practices, promotes or glorifies homosexuality will be prosecuted, however, restraining personal liberties is not how you will fix the country’s problems.”

Amnesty International’s 2023/2024 report highlighted ongoing violence and discrimination in Mali based on descent. Several incidents of killings related to this discrimination were noted.

While Mali neither recognises same-sex marriages nor criminalises consensual same-sex relations or LGBTQ+ identity under its current constitution and penal code, the TNC’s recent vote represents a significant shift pending presidential approval by Assimi Goïta.

Even before the October 31 decision, the LGBTQ+ community in Mali faced significant stigma, mainly from their compatriots.

As a predominantly Islamic nation, Mali’s adherence to Sharia law means same-sex relations are not tolerated, with many citizens viewing homosexuality as a foreign import.

In certain areas, those identified with the LGBTQ+ community may face severe punishments, including so-called conversion therapy, amputation, flogging, and even death. Consequently, many LGBTQ+ Malians and advocates operate in secrecy or have sought asylum in countries that offer protection.

The precise consequences of Kassogué’s remarks on consensual same-sex relations and LGBTQ+ advocacy in Mali remain uncertain.

Arrests of LGBTQ+ individuals or activists based on sexual orientation are uncommon, but societal norms often address these issues within a religious and cultural framework rather than through law enforcement, which typically charges individuals with acts of indecency.

President Goïta has not publicly commented specifically on LGBTQ+ issues, though he frequently expresses support for Islamic and African values.