In Mali, two men were for the first time convicted under the new penal code for homosexual acts. A court sentenced them on October 26 to one year in prison each, six months of the sentence to be served without the possibility of parole. This was reported by the French international broadcaster Radio France Internationale (RFI), citing the Malian newspaper Le Soft, which had brought the case to light. It is the first publicly known judgment of its kind in the West African country.
Originally, according to RFI, the men were charged, among other things, with distributing pornographic videos that violated public morals. The prosecutor ultimately accused them of “unnatural, legally punishable acts” and a “violation of national values, customs and traditions.” The state’s representative, who appeared as a civil party, described the men’s conduct as a contribution to the “moral decay of the nation.” The cybercrime prosecutor’s office did not respond to RFI’s request.
Anti-LGBT law in force since December 2024
The new penal code has been in effect since December 2024. It classifies “any unnatural sexual act with a person of the same sex” as a “violation of public morality,” carrying up to seven years in prison. The law, passed at the end of October 2024 by a 131-to-one vote in the transition parliament appointed by the military government, also criminalizes the “promotion” of homosexuality (TheColu.mn reported).
The criminalization was a promise of the transitional government, driven by Justice Minister Mahamadou Kassogué. He said the aim was to protect Mali’s moral values and national traditions. Previously, homosexuality had never been explicitly prohibited in Mali. In 2023 the junta also pushed through a new constitution that explicitly bans marriage for same-sex couples.
Homosexuality is viewed as a “Western import”
“This is a premiere in the country,” said Malian lawyer and political scientist Oumar Berté, an associate researcher at the University of Rouen, to RFI. “Personally, I obviously consider this problematic for the rights and freedoms in Mali. But today it is a very sensitive issue in Malian society: homosexuality is seen as a Western import.”
For organizations advocating for queer people, it is currently difficult to comment on the ruling, Berté said. “I haven’t seen a single statement from any rights-and-freedoms protection organization in Mali. There is a certain mistrust, a certain fear among these associations.”
In addition, the military junta that has ruled since 2020 under Assimi Goïta has severely restricted freedom of expression. In this predominantly Muslim country with about 25 million inhabitants, opposition to homosexuality is widespread: a 2023 Afrobarometer survey found that only six percent of respondents would accept a homosexual neighbor.
Verschärfungen in weiteren afrikanischen Staaten
The verdict sits within a broader regional trend. Numerous countries in West and Southern Africa have tightened their laws against LGBTI people in recent years, including Mali’s neighbor Senegal and Ghana. Convictions are rising there as well. The human rights organization Human Rights Watch criticized in October in an analysis not only the draconian prison terms but also the chilling effect: those affected are intimidated and live in fear.
