Outlawed Love: Inside the 61 Countries Where Being Gay is a Crime

The contrast between the expanding geography of marriage equality legislation and the continued existence of criminalising laws across 61 countries represents one of the starkest fault lines in the global landscape of LGBTQ+ rights. The countries maintaining such laws are disproportionately concentrated in Africa, followed by Asia, Oceania, and the Caribbean. A significant share of the laws in question were not products of domestic legislation but were inherited from European colonial administrations — in many cases preserved long after the originating countries repealed equivalent statutes at home. The following provides a country-by-country reference, organised by region.

Africa (32 Countries)

Algeria

Penal Code 1966, Art. 338: criminalises same-sex conduct between men and women; up to 3 years imprisonment and a fine.

Burkina Faso

September 2025: 71 unelected transitional government members voted unanimously to criminalise all same-sex relationships — not only sexual acts — with fines and 2–5 years imprisonment.

Burundi

Penal Code, Art. 567: criminalises same-sex conduct between men and women; up to 2 years imprisonment and a fine.

Cameroon

Penal Code 1967, Art. 347: criminalises same-sex relations; 6 months to 5 years imprisonment and a fine.

Chad

Penal Code 2017, passed 111–1 by the National Assembly: criminalises same-sex conduct; 3 months to 2 years imprisonment and a fine.

Comoros

Penal Code 1995, Art. 318: criminalises same-sex conduct; 2–5 years imprisonment and a fine.

Eritrea

Penal Code 2015, Arts. 310–311: criminalises same-sex conduct; 5–7 years imprisonment. Inherited from Ethiopian colonial-era law.

Eswatini

Roman-Dutch common law prohibition on sodomy; no specified sentence and not actively enforced.

Ethiopia

Criminal Code 2004, Arts. 629–630: criminalises consensual same-sex relations, treating them as acts of aggression; up to 15 years imprisonment.

Gambia

Criminal Code 1933 (amended 2014): up to 14 years, increased to life imprisonment for 'aggravated homosexuality.'

Gaza Strip

British Mandate Criminal Code Ordinance No. 74 of 1936, §152(2): 'carnal knowledge against the order of nature'; up to 10 years imprisonment.

Ghana

Criminal Code 1960 (amended 2003), §104: criminalises same-sex relations and 'unnatural carnal knowledge'; up to 3 years imprisonment.

Guinea

Penal Code 2016, Art. 274: criminalises same-sex relations; 6 months to 3 years imprisonment.

Kenya

Penal Code (Revised 2012), §§162 & 165: 'indecent practices between males' — 5 years; 'carnal knowledge against the order of nature' — 14 years.

Liberia

Penal Law Title 26, §14.74: criminalises same-sex sexual activity; up to 3 years imprisonment.

Libya

Penal Code 1953 (amended by Law No. 70 of 1973), Arts. 407–408: criminalises same-sex relations; up to 5 years imprisonment.

Malawi

Penal Code 1930 (amended 2010 to include women), §§153 & 137A: 'carnal knowledge against the order of nature' and 'gross indecency'; men up to 14 years, women up to 5 years.

Mauritania

Penal Code 1983, Arts. 306 & 308: criminalises same-sex relations; men face death by stoning, women up to 2 years imprisonment.

Morocco

Penal Code 1962, Art. 489: 'lewd or unnatural acts with an individual of the same sex'; 6 months to 3 years imprisonment.

Nigeria

Criminal Code Act 1990 (Ch. 77), §§214, 215, 217: up to 14 years imprisonment; death by stoning in some northern states. Same Sex Marriage (Prohibition) Act 2013 further bans marriage equality and LGBTQ+ organisations.

Senegal

Penal Code 1965, Art. 319(3) (inherited from French colonial law): criminalises same-sex relations; up to 5 years imprisonment.

Sierra Leone

Offences Against the Person Act 1861, §61: criminalises same-sex relations between men; 10 years to life imprisonment.

Somalia

Penal Code 1962, Arts. 409–410: up to 3 years imprisonment; death penalty in al-Shabaab-controlled territories.

South Sudan

Penal Code Act 2008, §248: 'carnal intercourse against the order of nature'; up to 10 years imprisonment. No known enforcement since independence in 2011.

Sudan

Penal Code 1991 (Act No. 8), §§148 & 151: 5 years to life imprisonment.

Tanzania

Penal Code 1945 (amended by Sexual Offences Special Provisions Act 1998), §138A: 'gross indecency' and 'carnal knowledge against the order of nature'; 30 years to life imprisonment.

Togo

Penal Code 1980 (amended 2000), Art. 88: up to 3 years imprisonment. Criminalisation dates to German colonial rule in 1884.

Tunisia

Penal Code 1913 (as modified), Art. 230: criminalises sodomy and sex between women; up to 3 years imprisonment. Arbitrary detention based on appearance has been documented.

Uganda

Anti-Homosexuality Act 2023 (AHA23), upheld by the Supreme Court in April 2024: up to 20 years imprisonment; death penalty for aggravated offences.

Zambia

Penal Code Act (amended by Act No. 15 of 2005), §§155–156: inherited from British colonial law; 15 years to life imprisonment.

Zimbabwe

Criminal Law (Codification and Reform) Act 2006, §73: criminalises sexual relations between men; up to 1 year imprisonment and fines.

Asia and the Middle East (19 Countries)

Afghanistan

Following the Taliban's return to power in 2021, same-sex conduct was re-criminalised under the Penal Code 1976; maximum penalty is death under the Taliban's interpretation of religious law.

Bangladesh

Penal Code 1860, §377: 'carnal intercourse against the order of nature'; 10 years to life imprisonment.

Brunei

Prohibited since British colonial rule in 1906. Penal Code 1951, Ch. 22: criminalises same-sex conduct between men and women, and transgender expression; death penalty for male same-sex acts, corporal punishment for female same-sex acts.

Iran

Islamic Penal Code 2013, Arts. 233–241: punishes sodomy (liwat), thigh sex (tafkhiz), and sex between women (musaheqeh). Iran is the only country known to actively carry out executions for same-sex conduct. Up to 100 lashes for other same-sex acts.

Iraq

Parliament amended the Law on Combatting Prostitution (No. 8 of 1988) in April 2024: 10–15 years for same-sex relations; up to 7 years and a fine for 'promoting homosexuality' (undefined); 1–3 years for gender-affirming medical procedures and for 'imitating women.'

Kuwait

Penal Code (Law No. 16 of 1960), Art. 193: criminalises sexual relations between men aged 21 and over; up to 7 years imprisonment.

Lebanon

Criminal Code 1943, Art. 534: prohibits sexual acts 'contradicting the laws of nature'; up to 1 year imprisonment. Despite court rulings limiting its use against LGBTQ+ people, it continues to be applied for harassment.

Malaysia

Penal Code 2006, §§377A, 377B, 377D: criminalises sexual relations between men; public caning and up to 20 years imprisonment.

Maldives

Penal Code, §§410–412: criminalises same-sex intercourse, indecent acts, and 'unlawful marriage'; 6 months to 8 years imprisonment and up to 100 lashes for 'unlawful sexual intercourse.'

Myanmar

Penal Code 1861, §377 (inherited from British colonial rule): 'carnal knowledge against the order of nature'; up to 20 years imprisonment.

Oman

Penal Code No. 7/1974, Arts. 33 & 223: criminalises same-sex conduct; up to 3 years imprisonment.

Pakistan

Penal Code 1860 (developed under British Raj), §377: up to 10 years imprisonment; death penalty theoretically possible under Islamic law principles.

Qatar

Penal Code Law No. II of 2004, Arts. 296 & 298: criminalises same-sex relations and 'instigating or seducing a male for sodomy'; up to 3 years imprisonment. Death penalty theoretically applicable to Muslims under Sharia; never enforced.

Saudi Arabia

No codified law; interpretations of Islamic religious law apply, with penalties ranging from flogging to death. Similar punishments have been applied for cross-dressing.

Syria

Penal Code 1949, Art. 520: 'carnal relations against the order of nature'; up to 3 years imprisonment. Legal status remains unclear following the fall of the Assad regime in 2024.

Turkmenistan

Criminal Code 1997, Art. 135: criminalises sexual activity between men; 2 years, or 5–10 years for repeat offences. One of only two post-Soviet states still criminalising homosexuality.

United Arab Emirates

Penal Code Art. 409: minimum 6 months imprisonment for same-sex male relations, no maximum specified. Federal Law No. 7 of 2016, Art. 359: up to 1 year for a man cross-dressing to enter women-only spaces.

Uzbekistan

Criminal Code 1994, Art. 120: criminalises sexual activity between men; up to 3 years imprisonment. The second of two post-Soviet states still criminalising homosexuality.

Yemen

Penal Code 1994, Arts. 264 & 268: unmarried men face 100 lashes and up to 1 year; married men face death by stoning; women face 100 lashes and up to 3 years. Actively enforced — men were sentenced to death in 2024.

Oceania (6 Countries)

Kiribati

Penal Code (Revised 1977), §§153 & 155: criminalises sexual relations between men; up to 14 years imprisonment. Not enforced in practice.

Papua New Guinea

Criminal Code Act 1974, §§210 & 212: criminalises sexual relations between men; up to 14 years imprisonment. Rarely enforced.

Samoa

Crimes Act 2013, No. 10, §67: criminalises sexual relations between men; up to 7 years imprisonment. Not enforced in practice.

Solomon Islands

Penal Code (Revised 1996), §§160–162: up to 14 years imprisonment. Not enforced in practice.

Tonga

Criminal Offences Act 1988 (Revised), §§136, 139, 142: criminalises sexual relations between men; up to 10 years imprisonment or whipping. Not enforced. Men cross-dressing 'for an immoral purpose' also criminalised; up to 1 year and fines.

Tuvalu

Penal Code (Revised 2008), §§153–155: criminalises sexual relations between men; up to 14 years imprisonment. No evidence of enforcement.

The Americas (4 Countries)

Guyana

Criminal Law (Offences) Act 1998, §§352 & 354: 2 years for 'gross indecency' between men; life imprisonment for 'buggery.' Only country on the South American mainland or broader Americas to criminalise homosexuality.

Grenada

Criminal Code 1987, Art. 431: criminalises sexual activity between men; up to 10 years imprisonment.

Jamaica

Offences Against the Person Act 1864 (inherited from British colonial law): criminalises same-sex relations; up to 10 years imprisonment with hard labour.

Saint Vincent and the Grenadines

Criminal Code 1990, §§146 & 148: criminalises same-sex conduct; up to 10 years imprisonment.

European Editorial Office: John