LGBT rights in Gabon

Lesbian, gay, bisexual, and transgender (LGBT) persons in Gabon may face legal challenges not experienced by non-LGBT residents. It is unclear if male and female same-sex sexual activity is illegal in Gabon. On July 5, 2019, a revised penal code was published that criminalizes “sexual relations between people of the same sex”. According to the Country Reports on Human Rights Practices, published by the United States Department of State, this law to the penal code had yet to be applied by year's end. According to Davis Mac-Iyalla of the Interfaith Diversity Network of West Africa, he claims he knows of two men in Gabon who have already been arrested under the law and had to bribe the police to be let go.[1][2]

LGBT rights in Gabon
StatusUnclear
Gender identityNo
MilitaryNo
Discrimination protectionsNo
Family rights
Recognition of relationshipsNo
AdoptionNo

Same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples and LGBT persons face stigmatization among the broader population.[3][4]

In December 2008, Gabon co-sponsored and signed the non-binding UN declaration on sexual orientation and gender identity calling for the global decriminalization of homosexuality, one of only six African countries to do so.[5] In 2011, however, Gabon voted against joint statement on ending acts of violence and related human rights violations based on sexual orientation and gender identity" at the United Nations, condemning violence and discrimination against LGBT people.[6]

Laws regarding same-sex sexual activity

Following the country's independence from France in 1960, and up to 2019, same-sex relationships have not been criminalized.[3] The age of consent, however, had always differed. Opposite-sex sexual acts required a minimum age of 18, while same-sex sexual act required the minimum age of 21.[7][8] Despite this, the Committee on Economic, Social and Cultural Rights reported in 2013 that Gabon continues a highly discriminatory environment for LGBT people, "which may be why LGBT reporting of incidences is so low."[3]

On 5 July 2019, Gabon enacted revisions to its Penal Code which criminalized homosexual relation between consenting adults with a potential penalty of imprisonment up to 6 months and/or a fine of up to 5 million CFA francs.[4][9] On 23 June 2020, the National Assembly approved the government's bill to decriminalize same-sex sexual activity. It awaits a vote in the Senate.[10][11][12]

Recognition of same-sex relationships

There is no legal recognition of same-sex couples.

Discrimination protections

There is no legal protection against discrimination based on sexual orientation or gender identity.

Living conditions

The U.S. Department of State's 2010 Human Rights Report found that "discrimination and violence against lesbian, gay, bisexual, and transgender (LGBT) persons was a problem, and LGBT individuals often kept their status secret from the community for fear of being harassed or discriminated against".[13]

Summary table
Same-sex sexual activity legal (Since 2019) Up to 6 months in prison with fines.
Equal age of consent
Anti-discrimination laws in hate speech and violence
Anti-discrimination laws in employment
Anti-discrimination laws in the provision of goods and services
Same-sex marriage
Recognition of same-sex couples
Step-child adoption by same-sex couples
Joint adoption by same-sex couples
Gays and lesbians allowed to serve openly in the military
Right to change legal gender
Access to IVF for lesbians
Commercial surrogacy for gay male couples
MSMs allowed to donate blood

See also

References
  1. "Gabon".
  2. Bollinger, Alex (13 December 2019). "Gabon criminalized homosexuality & two men have already been arrested". LGBTQ Nation.
  3. "WebCite query result" (PDF). www.webcitation.org.
  5. "Statement on human rights and sexual orientation and gender identity" (PDF). United Nations. Archived from the original (PDF) on 17 December 2013. Retrieved 17 December 2013.
  6. "17/19 Human rights, sexual orientation and gender identity". Retrieved 18 December 2013.
  7. "Interpol Gabon Spring 2006 edition" (PDF). Archived from the original (PDF) on 26 October 2016. Retrieved 2 December 2006.
  8. "Sexual consent". Avert. 23 June 2015.
  9. "Gabon Code pénal" (PDF). Retrieved 14 December 2019.
  10. Mwangi, Nyawira (24 June 2020). "Gabon lawmakers vote to decriminalise homosexuality". CGTN Africa. Retrieved 24 June 2020.
  11. Obangome, Gerauds Wilfried; Felix, Bate (24 June 2020). "Gabon lawmakers vote to decriminalise homosexuality". Reuters. Retrieved 24 June 2020.
  12. "Anti-gay law in Gabon passes first step to decriminalization". RFI. 24 June 2020. Retrieved 24 June 2020.
  13. "Wayback Machine" (PDF). web.archive.org. 25 October 2011.


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