Types of criminalisation

  • Criminalises sex between men
  • Criminalises sex between women
Penal Code 2017, S. 354

Section 354 criminalises same-sex intimacy between men and between women, punishable with imprisonment for up to 2 years and a fine of between 50,000 and 500,000 FCFA.1

Enforcement

2017

Chad enacted a new Penal Code, criminalising same-sex intimacy between men and between women under Article 354. It came into effect in August. There are no clear indications yet as to the enforcement of these provisions.

2013

Prior to the introduction of the 2017 Penal Code, two gay men were arrested in Abéché for celebrating their wedding in a bar and charged with indecent exposure. The two men were issued with a fine and a two year suspended sentence by the authorities. It was further ordered that the bar be closed for two years. This prompted religious groups, youth associations and women’s groups sought to petition the government to punish the couple for what they described as a “vile and anti-religious act”. One of the men reportedly left the country after he was released.

 

Statements by Public Figures

2016

Delwa Kassiré Coumakoye, former Prime Minister of Chad and current member of parliament, observed that the reduced punishment for same-sex sexual intimacy in the revised legislation constituted a “fair balance between conservative public opinion and an uncompromising international community on the protection of minorities.” He added that, “Homosexuality is condemned by all religions. We do not have to forgive something that God himself rejects, because Westerners have said this.”

Homosexuality is condemned by all religions. We do not have to forgive something that God himself rejects, because Westerners have said this.

Delwa Kassiré Coumakoye, Former Prime Minister of Chad

Persecution and Discrimination

2018

The US Department of State Human Rights Report on Chad reported that there were no LGBT organisations in the country.

2016

The US Department of State Human Rights Report on Chad indicated that “there were no reports of violence toward the LGBTI community.”

2013

The US Department of State Human Rights Report on Chad indicated that the absence of LGBT organisations was “in large part because most individuals were discreet about their sexual orientation due to social and cultural strictures against homosexuality.”

 

Legislative News

2018

During its 3rd UPR cycle, Chad noted the only recommendation relating to LGBT rights to “repeal all laws that criminalize persons based on their sexual orientation and gender identity relating to LGBT rights.”

2017

In August Chad’s new Penal Code came into effect, Section 354 of which criminalises same-sex intimacy between men and between women, punishable with imprisonment for up to 2 years and a fine of between 50,000 and 500,000 FCFA. Same-sex intimacy had previously never been criminalised in Chad.

2014

In September, the Council of Ministers approved a draft revision of the penal code for debate in the National Assembly. One of the proposed amendments criminalised homosexual acts with 15-20 years’ imprisonment and a fine of between 50,000 and 500,000 CFA francs ($87-$870) as punishment for violations. This development received international media attention prompted concern from human rights organisations. The government subsequently withdrew the draft penal code from National Assembly consideration for further review, but the revisions remained pending at year’s end.

2013

The were no recommendations relating to LGBT rights in Chad’s 2nd UPR cycle.

2009

The were no recommendations relating to LGBT rights in Chad’s 1st UPR cycle.

Footnotes
1. Penal Code 2017, S. 354

“Anyone who has sexual relations with persons of the same sex is liable to imprisonment for three months to two years and a fine of between 50,000 and 500,000 francs.” [ILGA translation] Full text.

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