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LGBTQ rights in South Sudan

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Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in South Sudan face legal and societal challenges not experienced by non-LGBTQ residents. Male same-sex sexual activity is illegal and carries a penalty of up to 10 years' imprisonment. Active enforcement of the law is not pursued by authorities: No prosecutions are known to have occurred since South Sudan gained its independence in 2011. LGBTQ persons are met with abuse and discrimination from agents of the government and additionally face stigmatisation among the broader population.

LGBTQ rights in South Sudan
South Sudan
StatusIllegal since 1899 (as Anglo-Egyptian Sudan)[1]
Penalty10 years' imprisonment (not enforced)
Gender identityNo
MilitaryNo
Discrimination protectionsNone
Family rights
Recognition of relationshipsNo recognition of same-sex unions
RestrictionsConstitutional ban since 2011
AdoptionNo

History

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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]

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The Penal Code (2008) criminalises same-sex sexual conduct as "unnatural offences". These are defined in Article 248 as "carnal intercourse against the order of nature"; a maximum ten-year prison sentence or a fine, or both, are prescribed. This preexisting legislation continued as the country's criminal code once independence was fully established in 2011.[3] The US State Department's annual human rights reports have noted that there were no reported instances of enforcement of this provision for the entirety of the country's existence as of 2022.[4][5][6]

The law also criminalises cross dressing by men with a provision stating "any male person who dresses or is attired in the fashion of a woman" in public, with a punishment of up to three months' imprisonment if convicted.[4]

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

Discrimination and harassment

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The U.S. Department of State's 2022 Human Rights Report found that "most openly LGBTQI+ citizens" had fled from South Sudan "because of actively hostile government rhetoric and action",[4] while their reports from 2018 to 2022 found "there were reports", or "some reports", of incidents of discrimination and abuse: "LGBTQI+ persons reported security forces routinely harassed and sometimes arrested, detained, tortured, and beat them".[5] In comparison, the State Department's report for 2011, the first year of South Sudan's independent existence, found "widespread" societal discrimination against gay men and lesbians.[7]

The country has no known LGBT-support organisations.[4] The Non-Governmental Organisations Act (2016) regulates organisations such as NGOs. It contains a provision that these may not contravene the country's "sovereignty, ... its institutions and laws". As same-sex sexual activity remains illegal, civic organisations that support gender diversity or LGBTQ rights may not be permitted to operate in South Sudan.[3] A community-based organisation supportive of LGBTQ rights, Access for All, was reportedly intimidated into closing its doors in 2017. It was raided by security forces; some staff were detained for several months, but released without charge, according to the organisation's executive director, who later left the country.[8]

Political and leader stances

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In September 2017 the government minister for Labour, Public Service, and Human Resource Development, Gathoth Gatkuoth Hothnyang stated the government would order security forces to arrest LGBTI persons and detain them until they procreate. There were no reports of such arrests by year's end.[9] 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.[10] 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.[11]

Summary table

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Same-sex sexual activity legal   (Penalty: Imprisonment for up to 10 years, not enforced)
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  
Conversion therapy made illegal  
Gays and lesbians allowed to serve openly in the military  
Right to change legal gender   Crossdressing is illegal.
Access to IVF for lesbians  
Commercial surrogacy for gay male couples  
MSMs allowed to donate blood  

See also

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References

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  1. ^ "Where is it illegal to be gay?". BBC News. February 10, 2014.
  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. ^ a b ILGA World; Lucas Ramon Mendos; Kellyn Botha; Rafael Carrano Lelis; Enrique López de la Peña; Ilia Savelev; Daron Tan (14 December 2020). State-Sponsored Homophobia report: 2020 global legislation overview update (PDF) (Report) (14th ed.). Geneva: ILGA. Archived from the original (PDF) on 15 December 2020.
  4. ^ a b c d
  5. ^ a b
  6. ^ Earlier US Department of State Human Rights Practices reports:
  7. ^ 2011 Country Reports on Human Rights Practices: South Sudan, U.S. Department of State, retrieved 20 July 2012
  8. ^ Botha, Kellyn; ILGA World (December 2021). "South Sudan". In Lucas Ramón Mendos (ed.). Our identities under arrest: A global overview on the enforcement of laws criminalising consensual same-sex sexual acts between adults and diverse gender expressions (PDF) (Report) (in English and Spanish) (First ed.). Geneva: ILGA. pp. 102–103. Archived from the original on 8 June 2023.
  9. ^ Bureau of Democracy, Human Rights, and Labor (2018). "Section 6. Discrimination and Societal Abuses". 2017 Country Reports on Human Rights Practices: South Sudan (Report). United States Department of State.
  10. ^ "'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.
  11. ^ Manyang Mayom, "South Sudan Anglican Church rejects tribalism and homosexuality" Archived 2018-08-27 at the Wayback Machine, Sudan Tribune, 17 October 2006.

Further reading

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