LGBT rights in Senegal
Encyclopedia
Lesbian, gay, bisexual, and transgender (LGBT) persons in Senegal face legal challenges not experienced by non-LGBT
LGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...

 residents. Senegal
Senegal
Senegal , officially the Republic of Senegal , is a country in western Africa. It owes its name to the Sénégal River that borders it to the east and north...

 specifically outlaws same-sex sexual acts, and has prosecuted men accused of homosexuality in the past. Homosexuals face routine discrimination in the society.

According to the 2007 Pew Global Attitudes Project, a strong 96% of Senegal residents said that homosexuality should be rejected by society, making it one of the highest rejection of homosexuality in the 44 countries surveyed.

Law regarding same-sex sexual activity

Same-sex sexual activity is illegal in Senegal. Article 319, paragraph 3 of the Senegal Penal Code, in the edition of the law of n° 66-16 of 12 February 1966 bans homosexual conduct.

A spokesperson for the International Gay and Lesbian Human Rights Commission
International Gay and Lesbian Human Rights Commission
The International Gay and Lesbian Human Rights Commission is a US-based international non-governmental organization that addresses human rights violations against lesbians, gay men, bisexuals, intersexuals, transgender people and people with HIV/AIDS...

, interviewed in 2009, described "pretty consistent human rights violations… in Senegal," but, citing a Dakar conference on HIV and advertisements for condom use showing male partners which demonstrate "both a movement towards progressive and inclusive culture but at the same time very, very strong movements towards oppression, specifically towards sexuality,"

2008 and 2009 prosecutions

In 2008 and 2009, two high profile cases of prosecution of Gay men brought national and international focus on LGBT rights in Senegal. In 2008, Dakar's Icone magazine reported on a "Gay Marriage" which had taken place in a private home. It had earlier published an "exposé" on the existence of homosexuality in Senegal, and the photos led to the arrest of five men who appeared in them. The men were released without charge, but it was not clear if they stemmed from anti-homosexuality laws or death threats the editor of the magazine said he had received.

In December 2008 nine men were arrested in a private flat in Dakar, allegedly after a police received an anonymous tip. The five were tried, convicted, and sentenced to eight year prison terms in January 2008 for "indecent conduct and unnatural acts". This was the longest sentence in Senegalese history for homosexuality, as the judge added an additional three years for "being members of a criminal group" to the maximum five year sentence for homosexual behaviour. The judge was reported to believe that the nine were members of an organisation "recruiting" homosexuals. The nine were members of an anti-HIV/Aids pressure group, and international NGOs and governments protested to Senegal over the sentence. All were released after their convictions were overturned on appeal in April 2009, but had been forced to be held in special quarters due to threats from other inmates.

Press attention again focused on gay men in Senegal when local and international press reported the corpse of a man reputed to have been homosexual was twice disinterred from a cemetery in Thiès and dumped at his families doorstep overnight.

Recognition of same-sex relationships

The government of Senegal does not recognize same-sex marriages.

Discrimination protections

There is no legal protection against discrimination
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...

 based on sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...

.

Living Conditions

The U.S. Department of State's 2010 Human Rights Report found that “in the recent past, gays, lesbians, bisexual, and transgender (LGBT) persons have often faced criminal prosecution and widespread discrimination, social intolerance, and acts of violence."

See also

  • LGBT rights in Africa
    LGBT rights in Africa
    Lesbian, gay, bisexual, transgender rights in Africa are limited in comparison to other areas of the world, with the BBC estimating that homosexuality is outlawed in 38 African countries...

  • Human rights in Africa
    Human rights in Africa
    Human rights as a legal concept is a relatively recent notion in Africa. The United Nations System, international law and the African Union have certainly all contributed to the establishment of a human rights system in Africa, which has positively and indispensably influenced the advancement of...


External links

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