LGBT rights in South Sudan

Lesbian, gay, bisexual, and transgender (LGBT) persons in South Sudan face legal challenges not experienced by non-LGBT residents. Male same-sex sexual activity is illegal and carries a penalty of up to ten years' imprisonment. LGBT persons are regularly prosecuted by the government and additionally face stigmatisation among the broader population.

LGBT rights in South Sudan
StatusIllegal since 1899 (as Anglo-Egyptian Sudan)[1]
Penalty10-14 years imprisonment.
Gender identityNo
MilitaryNo
Discrimination protectionsNone
Family rights
Recognition of relationshipsNo recognition of same-sex unions
RestrictionsConstitutional ban since 2011
AdoptionNo

Legality of same-sex sexual activity

South Sudan was formerly part of Sudan, and subject to its interpretation of Sharia law, under which homosexual activity was illegal, with punishments ranging from lashes to the death penalty. In 2008 the autonomous Government of Southern Sudan adopted its own penal code, which prohibits "carnal intercourse against the order of nature" and prescribes a sentence of ten years' imprisonment.[2]

Recognition of same-sex unions

Same-sex couples have no legal recognition. Same-sex marriage is constitutionally banned, since the country adopted its Constitution in 2011.

Public attitudes

In July 2010 Salva Kiir Mayardit, now President of South Sudan, told Radio Netherlands Worldwide that homosexuality is not in the "character" of Southern Sudanese people. "It is not even something that anybody can talk about here in southern Sudan in particular. It is not there and if anybody wants to import or to export it to Sudan, it will not get the support and it will always be condemned by everybody," he said.[3]

In 2006, Abraham Mayom Athiaan, a bishop in South Sudan, led a split from the Episcopal Church of Sudan for what he regarded as a failure by the church leadership to condemn homosexuality sufficiently strongly.[4]

The U.S. Department of State's 2011 Human Rights Report found "widespread" societal discrimination against gay men and lesbians, and stated that there were no known LGBT organisations.[5]

Summary table
Same-sex sexual activity legal (Penalty: 10-14 years imprisonment)
Equal age of consent
Anti-discrimination laws in employment only
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech)
Same-sex marriages (Constitutional ban since 2011)
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. "Where is it illegal to be gay?". February 10, 2014 – via www.bbc.com.
  2. "The Penal Code Act, 2008" (PDF). Government of Southern Sudan. 10 February 2009. Archived from the original (PDF) on 12 September 2013. Retrieved 10 July 2011.
  3. "'Referendum on South Sudan's secession will be held'". Radio Netherlands Worldwide. 30 July 2010. Archived from the original on 17 October 2012. Retrieved 10 July 2011.
  4. Manyang Mayom, "South Sudan Anglican Church rejects tribalism and homosexuality", Sudan Tribune, 17 October 2006.
  5. "2011 Human Rights Report: South Sudan". 2011 Country Reports on Human Rights Practices. U.S. Department of State. Retrieved 20 July 2012.
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