Types of criminalisation

  • Criminalises LGBT people
  • Criminalises sexual activity between males
  • Criminalises sexual activity between females
Summary

Same-sex sexual activity is prohibited under the Penal Law 1976, which criminalises acts of ‘sodomy’, broadly defined. This provision carries a maximum penalty of one year imprisonment. Both men and women are criminalised under this law.

Liberia is one of two countries in Africa (along with Ethiopia) that was never formally colonised. As such, its criminal law is of domestic origin. An attempt to strengthen the law against same-sex sexual activity in 2012 failed to materialise.

There is some limited evidence of the law being enforced in recent years, with LGBT people being occasionally subject to arrest, often after reporting incidents to police in which they were victims of assaults. There have been consistent reports of discrimination and violence being committed against LGBT people in recent years, including assault, harassment, intimidation, and social exclusion.

Enforcement

2020

All US Department of State reports since 2016, including in 2020, have not reported any instances of the law being enforced.

2016

The US Department of State report recorded that a victim of assault was arrested due to his sexual orientation after seeking police assistance. Furthermore, in October an LGBT organisation reported that several individuals were arrested and accused of sodomy, one of whom had been arrested after reporting to the police that he had been robbed.

Discrimination and Violence

2023

Abe Johnson, a young gay man, was lured by a fake social media account posing as a senator offering him a job, then ambushed by a group of homophobic assailants who robbed and beat him.

2021

In May, three men were beaten on suspicion they were gay in the Gobachop community of Paynesville.

In June, Nuchie Michael, a teen student at the St. Matthew United Methodist School in New Kru Town was expelled for cross-dressing.

2020

The US Department of State report found that LGBT people were subjected to assaults, harassment, and hate speech. The community was reluctant to report incidents to police due to stigma and faced difficulty accessing justice, though in October two members of a group known for anti-LGBT assaults were arrested.

In April, a report was released by the UNOHCHR and UNDP which documented the widespread negative public attitudes, violent attacks, intimidation, and social exclusion of the LGBT community in Liberia.

2019

In November an HIV testing centre was stormed and a number of LGBT people were attacked. Approximately 10 people were injured and five hospitalised, including one being stabbed.

2018

In January, a group harassed and assaulted five LGBT people, tearing off their clothes and stealing their money and belongings.

2016

In November, an NGO promoting LGBT rights was denied registration by the Liberia Business Registry for “activity which is not allowed in Liberia.” The registration request continued to be denied.

2014

In August, the Liberia Council of Churches ministers reportedly signed a statement warning individuals that the recent Ebola outbreak in the country has been caused by immoral acts such as homosexuality. The statement was signed by over 100 ministers, including the leading Catholic official in the country, Archbishop Lewis Zeiglier. 

2013

A December report by Human Rights Watch point to many instances of discrimination and violence against individuals who are perceived to be gay. As in Uganda following the passage of the (now quashed) Anti-Homosexuality Act, individuals living in Liberia reported an increase in discrimination and violence since the introduction of two bills to further criminalise LGBT individuals in 2012. As one individual reported: “Before these laws, LGBT persons had few problems, they were able to come and go freely, even had gay parties without interference from the public. There was public harassment here and there but hardly ever anything to the degree that it is experienced today. Since the [proposed] laws were introduced, SAIL has had more and more cases of public harassment, violent attacks, families disowning their children, and even evictions from rented spaces”.

References

Local Organisations

Stop AIDS in Liberia

an HIV-focussed organisation with works to advance the health of marginalised groups including LGBT people.

Related Countries

Sierra Leone

Sierra Leone criminalises same-sex sexual activity between men. Sentences include a maximum penalty of life imprisonment.

Guinea

Guinea criminalises same-sex sexual activity between men and between women. Sentences include a maximum penalty of three years’ imprisonment and a fine.

Ghana

Ghana criminalises same-sex sexual activity between men. Sentences include a maximum penalty of three years’ imprisonment.

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