In a 132:1 vote, Mali’s Transitional National Council passed a law that makes homosexuality a criminal offense. The bill still needs to be signed off by the country’s military leaders, who took over the government in a coup d’état in 2021.
As a largely Muslim Sahel, same-sex sexual conduct is technically not illegal in Mali, but there are vague provisions in the country’s penal code that could be used against LGBTQIA people. For instance, Article 225 penalizes “public indecency”, which can be used against LGBTQIA and gender non-conforming people.
Mali’s justice minister, Mamadou Kassogue, was quoted as saying that there will now be provisions in the country’s laws that will prohibit homosexuality. Ans “anyone who indulges in this practice, or promotes or condones it, will be prosecuted.”
The law is actually violating Mali’s obligations under international human rights law. As an example, the African Union Resolution 275, which Mali signed, condemns violence and discrimination based on sexual orientation and gender identity. It similarly violates the International Covenant on Civil and Political Rights, which Mali ratified in 1974.
No copy of the new penal code has been circulated, so specifics – e.g. penalties for violators – are not known.
Even now, around 30 African countries still ban homosexuality, with some countries – i.e. Mauritania, Somalia and Sudan – actually imposing the death penalty for those in same-sex relationships.
