Same-sex sexual activity is prohibited under the Penal Code 1981, which criminalises ‘improper or unnatural acts’. This provision carries a maximum penalty of five 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, and the law appears to be largely obsolete in practice. Nevertheless, the mere existence of this provision is itself a violation of human rights and underpins further acts of discrimination (see further).
There is also 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.
The US Department of State report stated that authorities reported no arrests or prosecutions under the law in 2020 and did not actively enforce the law. This finding has been consistent in all versions of this report in recent years.
A report by Human Rights Campaign and Human Rights First suggested there were at least three prosecutions under the law in 2012 and 2013, however there is no evidence or further details provided.
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.
During its first UPR cycle, the Comoros delegation claimed that there had never been any prosecutions of consenting adult homosexuals.
The US Department of State report noted that LGBT people do not generally reveal their sexual orientation due to societal pressure, and there were no LGBT organisations. This has consistently been the finding in recent iterations of this report.
Freedom House’s Freedom in the World report noted that legal and societal discrimination makes political advocacy for LGBT people difficult.
This report examines the status of sexual offences legislation in Commonwealth Africa, assessing good practice and identifying where there are gaps in protection, with a particular focus on women, children, LGBT+ people and people with disability.
National Assembly passes amendment to the penal code, decriminalising consensual same-sex sexual relations.
To mark LGBT History Month 2022, the Trust' new timeline chronicles the evolution of the criminalisation (and decriminalisation) of same-sex activity.
Mauritius criminalises same-sex sexual activity between men. Sentences include a maximum penalty of five years’ imprisonment.
Tanzania criminalises same-sex sexual activity between men and between women. Sentences include a maximum penalty of life imprisonment.
Malawi criminalises same-sex sexual activity between men and between women. The gender expression of trans people is also criminalised. Sentences include a maximum penalty of fourteen years’ imprisonment with corporal punishment.
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