Mali Enacts Harsh Anti-LGBTQ+ Legislation.
In a significant shift in its legal stance, Mali’s transitional government has passed a new law criminalising same-sex relationships, with penalties including up to seven years in prison. This development has been confirmed through multiple sources, highlighting an alarming clampdown on the rights of the LGBTQ+ community in the West African nation.
The law, which was ratified on 31 October 2024 by Mali’s Transitional National Council, not only punishes those engaging in same-sex relations but also bans any form of advocacy for or promotion of homosexuality.
According to the new penal code, individuals found guilty of participating in or promoting homosexual activities could face imprisonment and hefty fines. This legislation marks a significant departure from previous Malian law, where, although same-sex activities were not explicitly illegal, incidents of persecution under vague provisions like “public indecency” were reported.
Justice Minister Mamadou Kassogue, who has been vocal in his opposition to homosexuality, previously stated that this law aims to protect what he refers to as “traditional and moral values” of Malian society. However, human rights organizations, including Human Rights Watch, have condemned the law, citing it as a direct violation of international human rights obligations. They argue that this legislation will intensify the risks of stigma, discrimination, and violence against lesbian, gay, bisexual, and transgender (LGBT) individuals across the country.
The international community has reacted with concern, with several human rights bodies and foreign governments expressing worry over the implications for freedom of expression and the right to privacy in Mali. The law has been described as regressive by activists, potentially driving the already marginalised community further underground and increasing instances of arbitrary arrests, detentions, and physical abuses based on perceived or actual sexual orientation or gender identity.
This legislative change comes at a time when Mali is under military rule, with the junta extending its influence over various aspects of governance, including social policy. The passing of this law has also sparked discussions about the influence of external pressures and the role of religious and cultural conservatism in shaping legal frameworks in the region.
As the news of this law spreads, there is growing concern for the safety and well-being of the LGBTQ+ community in Mali. Activists fear an increase in clandestine operations for rights advocacy, with many now facing an uncertain future under the shadow of this new legal framework.
The full impact of this legislation remains to be seen, but it undeniably marks a challenging period for human rights in Mali, as the country navigates its way through a complex socio-political landscape.