Mali’s Transitional National Council recently passed a law criminalizing homosexuality on October 31, sparking concerns about the impact it will have on the LGBTQ+ community in the country. This new legislation not only intensifies the risks of stigma, discrimination, and violence against lesbian, gay, bisexual, and transgender individuals but also raises questions about the government’s commitment to upholding human rights.
Under military rule since 2021, Mali’s human rights record has deteriorated significantly, with crackdowns on political opposition, media, and dissent. The vague provisions in the penal code have often been used to target and persecute LGBT individuals and those with nonconforming gender expressions. Justice Minister Mamadou Kassogue’s statements condemning homosexuality as “unnatural” and vowing to criminalize it have only added to the challenges faced by the LGBTQ+ community.
The law not only criminalizes same-sex sexual conduct but also bans the “promotion” of homosexuality, leaving room for broad interpretation and prosecution. This has led to an increase in arbitrary arrests, detentions, and physical abuses based solely on appearance or gender expression. The uncertainty surrounding the penalties for violating the law further adds to the fears and challenges faced by those who may be affected by it.
Mali’s obligations under international human rights law, including the African Charter on Human and Peoples’ Rights and African Union Resolution 275, condemn violence and discrimination based on sexual orientation and gender identity. The new law directly contradicts these obligations and violates the International Covenant on Civil and Political Rights, which Mali ratified in 1974.
In light of the pervasive anti-LGBT stigma in Mali, it is crucial for the authorities to reconsider and suspend this discriminatory law. Rather than endorsing discrimination, the government should focus on protecting all its citizens and upholding its constitutional and international commitments to human rights. By ensuring the rights and safety of the LGBTQ+ community, Mali can work towards creating a more inclusive and just society for all its residents.