LGBT rights in Mali
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|---|---|
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| Status | Legal |
| Gender identity | No |
| Military | No |
| Discrimination protections | None |
| Family rights | |
| Recognition of relationships | No |
| Restrictions | Same-sex marriage constitutionally banned since 2023[1] |
| Adoption | No |
Lesbian, gay, bisexual, and transgender (LGBT) people in Mali face legal and societal challenges not experienced by non-LGBT residents. Although same-sex sexual activity is not illegal in Mali, LGBT people face widespread discrimination among the broader population.[2] According to the 2007 Pew Global Attitudes Project, 98 percent[a] of Malian adults believed that homosexuality is considered something society should not accept, which was the highest rate of non-acceptance in the 45 countries surveyed.[3] The Constitution of Mali has outlawed same-sex marriage since 2023.[1]
The United States Department of States points to laws in Mali which prohibit "attacks on morality", and states these laws are used to target LGBT persons; these laws are actively enforced.[4]
Private, adult, consensual and non-commercial same-sex sexual acts are legal in Mali and have never been criminalised.[5][6] While legal, the prevailing cultural and religious beliefs of most Mali citizens view same-sex sexual activity and non-traditional gender roles as immoral.[2]
There are provisions against "public outrages on decency", under which LGBT and transgender individuals are disproportionately prosecuted. Article 224 of the Code pénal allows for penalties of up to two years in prison and a fine of up to 200,000 FCFA (West African CFA francs) for offences.[7][non-primary source needed] It may be used against LGBT people who engage in public displays of affection, for example.
The age of consent is set at 15 years; it does not differ for same-sex participants.
There are no anti-discrimination laws to protect the LGBT community from harassment and abuse on the basis of sexual orientation and gender identity.[8] Also, societal discrimination is widespread.[9]
Article 522 of the "Code des Personnes et de la Famille", which was passed by the National Assembly on 2 December 2011 and subsequently signed into the law by the president of Mali, forbids same-sex couples from adopting children.[9][10][11][12]
Mali's new constitution, adopted by referendum in June 2023, includes a clause limiting marriage to a union of one man and one woman.[1][13]
According to Dr. Dembelé Bintou Keita, the director of ARCAD/SIDA, an HIV/AIDS organization in Mali that provides health care for men who have sex with men (MSM), Malian society is not tolerant to MSM. They "have no rights and certainly no right to claim their sexual orientation. All cultural beliefs towards MSM are negative." MSM are forced into bisexuality or underground sexual practices that put them at high risk of sexually transmitted and HIV infections. "Men who are attracted to other men are forced to get married so that they will not bring shame to the family ... but they still have men as sexual partners."[14]
The U.S. Department of State's 2011 human rights report found that,[9]
There were no publicly visible lesbian, gay, bisexual, and transgender (LGBT) organizations in the country. The free association of LGBT organizations was impeded by a law prohibiting association "for an immoral purpose"; in 2005 the then governor of the District of Bamako cited this law to refuse official recognition to a gay rights association.
| Same-sex sexual activity legal |  (Always legal)
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| Equal age of consent (15) | (Always equal)
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| Anti-discrimination laws in hate speech and violence | 
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| Anti-discrimination laws in employment |
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| Anti-discrimination laws in the provision of goods and services |
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| Same-sex marriage | (Constitutional ban on same-sex marriage since 2023)[1]
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| Recognition of same-sex couples |
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| Step-child adoption by same-sex couples |
|
| Joint adoption by same-sex couples |
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| Gays and lesbians allowed to serve openly in the military |
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| Right to change legal gender |
|
| Access to IVF for lesbians |
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| Commercial surrogacy for gay male couples |
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| MSMs allowed to donate blood |
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Section 7 – Des attentats aux mœurs. Paragraphe 1 – De l'outrage public à la pudeur
Art. 224 "Any act performed publicly, offending modesty and the moral sentiment of individuals who are involuntary witnesses to it, and capable of disturbing public order and cause manifest social harm, is a public contempt of modesty.
—Indecent offence, committed publicly and intentionally, shall be punished by imprisonment of three months to two years, and a fine of 20,000 to 200,000 FCFA; or one of these two sentences only."
SECTION V: Indecent Offences—Outrage of Public Decency: Article 179
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States with limited |
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Dependencies and |
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