Comoros

Same-sex sexual activity is prohibited under the Penal Code 2020, which criminalises sexual acts ‘contrary to morality or against nature’. This provision carries a maximum penalty of two years’ imprisonment and a fine. Both men and women are criminalised under this law.

Comoros has a mixed legal system, with influences from French, Islamic and customary law. Until independence in 1975 Comoros was part of the French Republic which did not criminalise same-sex sexual activity at that time, however the criminalising provisions were introduced by Comoros as an independent state.

There are very limited reports of enforcement in recent years, but two recently reported cases call for increased vigilance. The mere existence of this provision is itself a violation of human rights and underpins further acts of discrimination (see further).

There is limited evidence of discrimination and violence being committed against LGBT people in recent years; however, the lack of LGBT organisations and the hostile environment for LGBT people likely contributes to this lack of information.

2020

A new Penal Code was adopted in December. This replaced the 1981 Penal Code, which criminalised ‘unnatural acts’ under Article 318 with up to five years’ imprisonment. The new law has a provision criminalising sexual acts ‘contrary to morality or against nature’, punishable with up to two years’ imprisonment and a fine. While undefined, case law demonstrates that this provision criminalises same-sex acts.

2024

In December, a lesbian couple was convicted of engaging in sexual acts ‘contrary to morality and against nature’ and sentenced to six months and five months in jail. The case was brought after they allegedly asked an Islamic preacher to marry them. It is reported that this is the first such conviction involving two women in the archipelago.

2023

The US Department of State report found that authorities reported no arrests or prosecutions under the law in 2023 and did not actively enforce the law. This finding has been consistent in all versions of this report in recent years.

2022

Media reported on a case of a man imprisoned in May under the new homosexuality law, allegedly the first for consensual sex between adults in the country. The case followed the apparent leaking of a sexual video between two men online, leading to a hunt to find those involved. This report mentions another video of two women having sex which leaked earlier in 2022, but did not lead to prosecution.

2016

A report by the French Office for the Protection of Refugees and Stateless Persons cited Human Rights First which suggested there were three prosecutions under the old law between 2012 and 2013, however at least two of these involved minors.

2013

A submission of the UN High Commissioner for Refugees to Comoros’ UPR found no examples of prosecution of LGBT persons under the country’s criminalising provision in 2012.

2024

Freedom House’s Freedom in the World report noted that legal and societal discrimination makes political advocacy for LGBT people difficult.

2023

The US Department of State report did not find any reports of official or state-sponsored discrimination against LGBT people, however it recognised that people did not generally reveal their sexual or gender identity and there were no LGBT organisations in Comoros. This is consistent with findings in recent iterations of this report.

2016

A report by the French Office for the Protection of Refugees and Stateless Persons documented the social situation for LGBT people in Comoros, finding societal pressure that discourages public expression of sexual or gender identity, community and family rejection of LGBT people, and the targeting of LGBT people by ‘morality police’. While attitudes in urban areas are said to be getting more permissive, there are still no LGBT organisations in Comoros.

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