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LGBTQ rights in Mali
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Mali face legal and societal challenges not experienced by non-LGBTQ residents. Although same-sex sexual activity is not illegal in Mali, LGBTQ people face widespread discrimination among the broader population.[2] According to the 2007 Pew Global Attitudes Project, 98 percent[a] 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.[3] The Constitution of Mali has outlawed same-sex marriage since 2023,[1] and the Malian government proposed a bill banning homosexual relations in 2024.[4] The United States Department of States points to laws in Mali which prohibit "attacks on morality", and states these laws are used to target LGBTQ persons and are actively enforced.[5] Legal statusPrivate, adult, consensual and non-commercial same-sex sexual acts are legal in Mali.[6][7] While legal, the prevailing cultural and religious beliefs of most Mali citizens view same-sex sexual activity and non-traditional gender roles as immoral.[2] On October 31, 2024, Mali’s Transitional National Council passed a law criminalizing homosexuality. The law was expected to exacerbate the existing climate of stigma and discrimination faced by LGBTQ individuals in Mali. It also prohibits the "promotion" of homosexuality, a term that remains undefined, thereby broadening the scope of prosecution. Although same-sex sexual conduct was not explicitly illegal in Mali prior to the law being passed, vague provisions in the penal code, such as Article 225, which penalizes “public indecency,” were frequently used to target LGBT individuals and those with nonconforming gender expressions. Justice Minister Mamadou Kassogue, who announced the law, had previously described homosexuality as “unnatural” and pledged to criminalize it. The military junta ruling over Mali since 2021 attempted to justify the law as a means of defending “traditional and moral values.” The immediate result was a significant increase in arbitrary arrests and detentions, as well as physical abuse directed at individuals based solely on their appearance or gender expression.[8] Discrimination protectionsThere are no anti-discrimination laws to protect the LGBTQ community from harassment and abuse on the basis of sexual orientation and gender identity.[9] Also, societal discrimination is widespread.[10] Adoption and family planningArticle 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.[10][11][12][13] Mali's new constitution, adopted by referendum in June 2023, includes a clause limiting marriage to a union of one man and one woman.[1][14] Living conditionsAccording 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."[15] The U.S. Department of State's 2011 human rights report found that,[10]
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