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LGBTQ rights in Sudan

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LGBTQ rights in Sudan
Sudan
StatusIllegal since 1899 (as Anglo-Egyptian Sudan)[1]
PenaltyMin.: 5 years (1st offence); Max.: life imprisonment (3rd offence)
MilitaryNo
Discrimination protectionsNo
Family rights
Recognition of relationshipsNo recognition of same-sex unions
AdoptionNo

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Sudan face significant challenges not experienced by non-LGBTQ residents. Same-sex sexual activity in Sudan is illegal for both men and women, while homophobic attitudes remain ingrained throughout the nation.[2]

In July 2020, Sudan removed capital punishment for same-sex sexual activity,[3] as well as corporal punishment. Sodomy remains illegal, and penalties of terms of imprisonment were retained. The maximum penalty, for a third offence, remains life imprisonment.[4]

Law regarding anal sex

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Sodomy, defined as anal sex whether the couple is same-sex or opposite-sex, is illegal in Sudan. The Offence is defined in Article 148 of the Criminal Act of 1991. The original wording (translated) of the sodomy law, as amended in 2009, follows:[5]

(1)There shall be deemed to commit sodomy, every man who penetrates his glans, or the equivalent thereof, in the anus of a woman, or another man's, or permits another man to penetrate his glans, or its equivalent in his anus.
(2) (a) whoever commits the offence of sodomy, shall be punished, with shipping a hundred lashes, and he may also be punished, with imprisonment, for a term not exceeding five years;
    (b) where the offender is convicted for the second time, he shall be punished, with whipping a hundred lashes, and with imprisonment, for a term, not exceeding five years;
    (c) where the offender is convicted for the third timem he shall be punished, with death, or with life imprisonment.

— Article 148: Offence of sodomy, 1991 Criminal Act as Amended in 2009

There were no documented cases of executions for sodomy, prior to repeal of capital punishment for the offence.[citation needed]

On 9 July 2020, Sudan abolished the death penalty as a punishment for anal sex.[6][7][8] The Transitional Sovereignty Council also eliminated the imposition of 100 lashes and added two years to the sentence for a second offence. The penalty for a third offence was changed from death or life imprisonment to life imprisonment. A first offence is now punished with up to five years and a second offence with up to seven years.[3][4][9] Sudanese LGBT+ activists hailed the reform as a 'great first step' but said it was not enough yet, and the end goal should be the decriminalisation of gay sexual activity altogether.[3]

Historically

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Nuba tribal society in the 1930s

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Siegfried Frederick Nadel wrote about the Nuba tribes in the late 1930s. He noted that among the Otoro, a special transvestitic role existed whereby men dressed and lived as women. Transvestitic homosexuality also existed amongst the Moru, Nyima, and Tira people, and reported marriages of Korongo londo and Mesakin tubele for the bride price of one goat.[10]

In the Korongo and Mesakin tribes, Nadel reported a common reluctance among men to abandon all-male camp life for a life of permanent settlement. While not directly attributing the observed preference for camp life, Nadel highlighted two features of tribal life, as he viewed them, in connection with the preference: that it was a "matrilineal society ... in which the fruits of procreation are not the man's", and "the strong emphasis on male companionship, ... [and] also, ... widespread homosexuality and transvesticism."[10]: 299–300 

Politics regarding LGBTQ rights

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On 4 February 2011 a vote was held in the United Nations on the International Lesbian, Gay, Bisexual, Trans and Intersex Association's application for consultative status for the UN's Economic and Social Council.[11] Sudan called for a No Action Motion to prevent voting on the consultative status for the LGBTQ group, and their motion passed 9–7, so the issue was not voted on.[11]

Sudan has voted against every supportive resolution of LGBTQ rights at the United Nations.[citation needed]

Social attitudes

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Same-sex sexual relations policies have divided some religious communities. 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.[12]

The U.S. Department of State's 2011 human rights report found that:[13]

The law prohibits sodomy ...; however, there were no reports of antisodomy laws being applied. There were no known lesbian, gay, bisexual, or transgender (LGBT) organizations. Official discrimination based on sexual orientation and gender identity occurred. Societal discrimination against LGBT persons was widespread. Vigilantes targeted suspected gay men and lesbians for violent abuse, and there were public demonstrations against homosexuality.

In the 2019 Arab Barometer Survey, 17% of Sudanese said homosexuality is acceptable.[14]

Rights groups

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The first LGBTQ association of the country is Freedom Sudan, founded in December 2006.[15] However, no internet presence has been seen from the group's Facebook page since 2013.[16] Another group, Rainbow Sudan,[17] was founded on 9 February 2012.[18] Its founder, known as Mohammed, described the work and aims of the group:[18] "...[W]e have groups that work online and offline. We form a small network of people working in an organized way to advance as much as possible LGBTQ issues, to show who we are, to stop discrimination, to see our rights recognized. We provide sexual education, psychological and emotional support, protection." Rainbow Sudan's internet presence ceased after January 2015.[19]

Summary table

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Same-sex sexual activity legal No (Sodomy, defined as anal sex, whether between persons of same- or different-sex, carries life imprisonment for a third offence)[9]
Equal age of consent No
Anti-discrimination laws in employment only No
Anti-discrimination laws in the provision of goods and services No
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) No
Same-sex marriages No
Recognition of same-sex couples No
Stepchild adoption by same-sex couples No
Joint adoption by same-sex couples No
LGBTQ people allowed to serve openly in the military No
Right to change legal gender No
Access to IVF for lesbians No
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood No

See also

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References

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  1. ^ "Where is it illegal to be gay?". BBC News. 10 February 2014 – via BBC.
  2. ^ "Sudan". Human Dignity Trust. Retrieved 27 August 2023.
  3. ^ a b c Ban Barkawi; Rachel Savage (16 July 2020). "'Great first step' as Sudan lifts death penalty and flogging for gay sex". Thomson Reuters Foundation News. Retrieved 30 January 2021.
  4. ^ a b Daniele Paletta; Pan Africa ILGA (16 July 2020). "Sudan repeals death penalty for homosexuality". ILGA (Press release). Archived from the original on 6 February 2022. Retrieved 19 August 2022.
  5. ^ 1991 Criminal Act as Amended in 2009 (Article [Offence of Sodomy]: 148). National Salvation Revolution Command Council [of Sudan]. 1991. pp. 41–42. Retrieved 22 August 2022 – via Refworld.
  6. ^ Tidman, Zoe (19 July 2020). "Sudan lifts death penalty for gay sex". The Independent. Additional reporting by Thomson Reuters Foundation. Archived from the original on 19 July 2022. Retrieved 19 August 2022.
  7. ^ "Sudan Lifts Death Penalty and Flogging for Gay Sex in 'Great First Step'". Haaretz. Reuters. 16 July 2020. Archived from the original on 19 August 2022. Retrieved 19 August 2022.
  8. ^ Morales, Alberto (16 July 2020). "HRC President Alphonso David on the Removal of Death Penalty for Same-Sex Relations in Sudan: Sudan Repeals Death Penalty for Same-Sex Relations" (Press release). Human Rights Campaign (HRC). Retrieved 1 June 2021.
  9. ^ a b "Sudan drops death penalty for homosexuality". Erasing 76 Crimes. 16 July 2020. Retrieved 1 June 2021.
  10. ^ a b Nadel, S. F. (1947). The Nuba: An anthropological study of the hill tribes in Kordofan. London; New York: Oxford University Press. OCLC 295542 – via Internet Archive.
  11. ^ a b Lee, Matthew Russell (4 February 2011). "Sudan immediately countered with a No Action Motion, to block voting on Belgium's proposal and the group". Inner City Press. ProQuest 849330331.
  12. ^ "South Sudan Anglican Church rejects tribalism and homosexuality". Sudan Tribune: Plural news and views on Sudan.
  13. ^ Bureau of Democracy, Human Rights and Labor. 2011 Country Reports on Human Rights Practices: Sudan (PDF) (Report). U.S. Department of State. p. 41.
  14. ^ "The Arab world in seven charts: Are Arabs turning their backs on religion?". BBC News. 23 June 2019. Retrieved 1 November 2020.
  15. ^ "Freedom Sudan, the Sudanese LGBT association: About". www.facebook.com. Retrieved 13 October 2018.
  16. ^ "Freedom Sudan, the Sudanese LGBT association". www.facebook.com. Retrieved 13 October 2018.
  17. ^ "Rainbow Sudan". Rainbow Sudan.
  18. ^ a b Notaro, Pier Cesare (12 January 2013). "LGBT rights in Sudan: someone fights for the rainbow". Il Grande Colibrì.
  19. ^ "January | 2015 | Rainbow Sudan". rainbowsudan.wordpress.com. Retrieved 13 October 2018.
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