Mali on the verge of criminalizing homosexuality

On October 31, Mali’s Transitional National Council adopted a draft criminal code criminalizing homosexual acts.

After the TNC meeting, Minister Mamoudou Kasogye said anyone who advocates or engages in homosexuality will be prosecuted.

“In Mali, our laws have provisions against homosexuality,” he said. “Those who engage in, promote or apologize for this practice will be prosecuted. We will not accept our customs and values ​​to be violated by people from other countries.”

African LGBTQ rights activist Nginda Nganga said the Malian government should not be concerned about other people’s sexual orientation.

“LGBTQI+ people have always existed and will always exist. This is a human rights issue and, to be honest, I completely understand why some people would be so concerned about the personal choices and private lives of others. I can’t,” Nganga said. “That’s strange.”

Fellow African rights activist Eugene Joko said curbing or monitoring sexual orientation would not solve the country’s problems.

“According to the minister, anyone who practices, promotes or glorifies homosexuality will be prosecuted, but restricting individual freedoms is not the way to solve the problems in this country,” Joko said. .

Amnesty International said in its 2023/2024 report that violence and discrimination against people based on their heritage remains widespread in Mali. The report highlighted several killings based on this type of discrimination.

Mali does not recognize same-sex marriage, but the country’s constitution and penal code do not criminalize consensual same-sex sexual relations or LGBTQ identities. But TNC’s October 31 vote, despite not being endorsed by President Assimi Goita, will change the landscape for the country’s LGBTQ community.

The LGBTQ community was already facing a lot of prejudice before the October 31st vote, especially from fellow Malians.

Mali is a largely Islamic country, and Sharia law does not allow same-sex sexual relations. The majority of Malians consider homosexuality to be an import from the West.

In some regions, people found to be part of the LGBTQ community can face punishments ranging from so-called conversion therapy to amputation, flogging, and even the death penalty. Many LGBTQ Malians and those who advocate for them remain in the closet or work behind closed doors. Some have chosen to leave Mali and seek refuge in countries that protect LGBTQ rights.

The practical impact of Mr. Kasoge’s comments regarding consensual same-sex sexual relations and LGBTQ advocacy in this country remains unclear.

Although LGBTQ people and activists are rarely arrested for their sexual orientation, Malian society tends to treat them under the guise of religious and cultural beliefs rather than law enforcement issues. Law enforcement officials cite obscenity when arresting people who identify as LGBTQ or activists.

Goita has yet to publicly comment on LGBTQ-specific issues. However, he frequently speaks of his support for Islam and African values.