Mali LGBTQ Laws Highlight a Disturbing Regional Trend of Criminalization

By Darius Spearman (africanelements)

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KEY TAKEAWAYS
The military junta in Mali has criminalized same-sex relations, effective December 2024.
The law also punishes anyone perceived as supportive of homosexuality.
This trend of criminalization is echoed in Burkina Faso and Niger following military coups.
Mali’s new law exacerbates violence and discrimination against LGBTQ individuals.
The legislation is framed as rejecting Western influence, complicating international human rights efforts.
There are severe public health implications, especially for HIV/AIDS prevention efforts in the LGBTQ community.

Mali’s New Anti-LGBTQ Law: A Step Back for Human Rights in the Sahel

Mali’s military government has introduced a harsh law against same-sex relations, hurting human rights and LGBTQ equality. The new penal code becomes active on December 13, 2024, and takes a big step back for LGBTQ rights in the area. According to Article 325-1, any public display of “unnatural sexual acts” between the same gender can lead to two years in prison and a fine. More troubling, Article 325-2 extends this to those who support or promote such acts, with punishments reaching seven years in prison and a fine (The New Yorker).

This oppressive rule isn’t just about making same-sex relationships illegal. It aims to wipe out any LGBTQ visibility and support in Malian society. Allies, supporters, and people who simply accept LGBTQ people could face charges. This will likely cause more self-censorship and push an already marginalized group further into the shadows.

The constitution adopted in July 2023 adds to the discrimination, defining marriage as a union between a man and a woman (Source 3). This clause blocks same-sex marriage and supports ongoing discrimination against LGBTQ people in multiple life areas.

Sahel Region LGBTQ Rights: A Disturbing Trend

Mali’s stance on LGBTQ rights is part of a broader troubling movement in the Sahel region. After military coups, countries like Burkina Faso and Niger have also acted to criminalize homosexuality (Source 3, Source 4). This wave of rights violations raises major worries for the future of LGBTQ people there.

These synchronized anti-LGBTQ measures indicate a regional effort by military governments to consolidate power and reject Western influence. They portray LGBTQ rights as an external imposition, gaining populist support and aligning with global partners who care less about human rights.

• This shift challenges activists who have fought against societal prejudice for equality.
• It normalizes discrimination and empowers those who wish to harm LGBTQ individuals, creating more fear and oppression.

Understanding ‘Draconian Law’ and ‘Public Indecency’ in Mali’s Legislation

The term “draconian” describes laws that are excessively harsh or severe. It originates from Draco, an ancient Athenian lawmaker known for implementing strict punishments for minor offenses (All about Draconian Law – iPleaders). Mali’s new penal code reflects this harshness by imposing severe penalties for same-sex relations and supportive actions.

Additionally, the concept of “public indecency” in this context refers to acts deemed morally offensive by societal standards. Laws criminalizing such acts often use vague terms, leading to arbitrary enforcement and targeting of marginalized groups (Section 217 of the Criminal Code Act in Nigeria). In Mali, these definitions serve to legitimize discrimination against LGBTQ individuals.

As a result, the new laws not only criminalize private consensual acts but also suppress any form of support or advocacy for the LGBTQ community. Consequently, this creates an environment where fear and silence prevail.

The Importance of LGBTQ Visibility and Support

LGBTQ visibility is vital for fostering acceptance and safety. When individuals see representation in their communities, they feel acknowledged and valued (Why Does Queer Visibility Matter? – Minus18). Mali’s legislation aims to eliminate this visibility, further isolating LGBTQ individuals.

Support from allies helps create inclusive spaces. Simple actions like displaying supportive symbols or using inclusive language can make a significant difference (Why Does Queer Visibility Matter? – Minus18). However, under the new law, even these acts of solidarity are criminalized, hindering efforts to build a supportive community.

Cultural Values and the Sahel Region

The Sahel region, including countries like Mali, has a rich tapestry of cultural traditions. These values often influence laws and societal norms. However, using cultural values to justify discrimination overlooks the historical diversity of gender and sexual identities in African cultures (Defining Terrorism – ICCT).

Moreover, framing LGBTQ rights as incompatible with local culture ignores the universal principles of human rights. Embracing diversity does not diminish cultural heritage but enriches it. Therefore, it’s important to balance tradition with the respect for individual rights.

Impact on Public Health and the Fight for Human Rights

Anti-LGBTQ laws have significant repercussions on public health. Stigma and fear discourage individuals from seeking medical care, which can exacerbate health issues like the spread of HIV/AIDS (Why Does Queer Visibility Matter? – Minus18). This not only affects the LGBTQ community but the entire society.

Furthermore, the struggle for LGBTQ rights is part of a larger movement for equality and justice. Advocating for these rights supports the fight against discrimination in all forms. Standing up for one group strengthens the cause for all marginalized communities.

Human Rights Implications: Fear and Persecution

Mali’s new anti-LGBTQ law worsens the already bad environment of stigma faced by LGBTQ people. The law’s wide and vague terms allow for random arrests and abuses, not only against LGBTQ people but also those seen as supportive. This state-backed persecution will likely increase violence against LGBTQ individuals by both law enforcement and empowered civilians.

Many LGBTQ Malians may hide their identities due to the threat of jail and social rejection. Additionally, making LGBTQ identities illegal will damage public health efforts. Fear of arrest may lead LGBTQ individuals to skip medical care, harming HIV/AIDS prevention programs. This could negatively affect the broader population, not just the LGBTQ community.

International Context: Rejecting Influence at the Cost of Rights

In Mali and other Sahel countries, outlawing homosexuality is often seen as rejecting Western influence. These regimes claim LGBTQ rights don’t align with local culture. Yet, they ignore Africa’s rich history of diverse sexual orientations and gender identities before colonial times.

By working with foreign partners less concerned with human rights, these regimes aim to avoid Western criticism and influence. This change in alliances has political impacts, potentially reducing Western efforts to promote human rights in the area. The global community must view this shift as an attack on human rights and democracy in the Sahel.

The outlawing of homosexuality often leads to more rights violations and government control. It is vital that global human rights groups and supportive governments stand with LGBTQ Malians and continue pushing for their rights and protection.

Stand Up for LGBTQ Rights in Mali

The new law banning homosexuality in Mali is a huge human rights violation and a setback for LGBTQ equality in the Sahel. This backward step not only threatens LGBTQ Malians’ safety and dignity but also goes against the ideas of equality and non-discrimination.

As champions of social justice, we must strongly condemn this law and back LGBTQ individuals in Mali and throughout the Sahel. The fight for LGBTQ rights is linked to the larger struggle for human rights, democracy, and social justice. It’s essential to challenge both this law and the racism, homophobia, and authoritarianism that support these backward measures.

We need to boost the voices of Malian LGBTQ activists and support their efforts resisting this oppressive rule. Targeted support, international pressure, and talks are crucial in opposing these discriminatory waves.

Mali’s criminalization of homosexuality is not solely a local issue but a worldwide human rights concern. It calls for our focus, our protests, and most importantly, our action. We must strive to ensure that LGBTQ individuals’ rights and dignity are respected everywhere.

FAQ

Q: What is Mali’s new law regarding homosexuality?
A: Mali’s military junta has enacted a law criminalizing same-sex relations, with significant penalties for public displays of “unnatural sexual acts” between individuals of the same sex.

Q: When will the law take effect?
A: The new penal code is set to take effect on December 13, 2024.

Q: What are the penalties under this law?
A: Public displays of same-sex relations can lead to two years’ imprisonment and a fine, while promoting or facilitating such acts can result in a seven-year prison sentence and a hefty fine.

Q: How does this law affect LGBTQ visibility in Mali?
A: The law aims to eradicate LGBTQ visibility and support, criminalizing not only same-sex relations but also the expressions of support for the LGBTQ community.

Q: What are the broader implications of this law in the Sahel region?
A: Mali’s law reflects a troubling trend among Sahel countries where similar measures are being enacted, raising concerns about a coordinated effort to suppress LGBTQ rights across the region.

Q: What does this mean for public health efforts in Mali?
A: The criminalization of LGBTQ identities may hinder public health initiatives, notably in HIV/AIDS prevention and treatment, as individuals may avoid seeking medical care due to fear of prosecution.

Q: How can individuals support LGBTQ rights in Mali?
A: Advocates can amplify the voices of LGBTQ activists, engage in international advocacy, and support grassroots organizations working against this discrimination.

ABOUT THE AUTHOR

Darius Spearman is a professor of Black Studies at San Diego City College, where he has been teaching since 2007. He is the author of several books, including Between The Color Lines: A History of African Americans on the California Frontier Through 1890. You can visit Darius online at africanelements.org.