Sudan

Same-sex sexual activity is prohibited under the Penal Code 1991, which criminalises acts of ‘sodomy’ and ‘indecent acts’. These provisions carry a maximum penalty of life imprisonment. In 2020, the Penal Code was amended to remove the possibility of capital and corporal punishment, which had previously applied to same-sex sexual activity. Both men and women are criminalised under this law.

The law was initially inherited from the British during the colonial period, in which the English criminal law was imposed upon Sudan. Sudan retained the provision upon independence and continues to criminalise same-sex sexual activity today.

There is some evidence of the law being enforced in recent years, with LGBT people being occasionally subject to arrest. There have been consistent reports of discrimination and violence being committed against LGBT people in recent years, especially under the al-Bashir regime which was overthrown in 2019. Nevertheless, LGBT people continue to be vulnerable to discrimination, harassment, and abuse post-Revolution.

2020

On 9 July, Sudan’s Sovereign Council approved and passed a package of amendments reforming the justice system. This included abolishing public flogging and the death penalty as a punishment for same-sex sexual activity, though it remains prohibited, attracting a maximum penalty of life imprisonment. The US Department of State cited local NGOs reporting flogging was sometimes still conducted.

2020

Recent iterations of the US Department of State report for Sudan, including 2020, have not found any cases of arrest or prosecution under the law.

2017

A journalist and blogger was arrested in September under the charges of apostasy for publishing an article online in which she asserted: “Nothing is wrong with being a lesbian.”

In October, a man was arrested at a social event for wearing ‘indecent’ female clothes and makeup. He was sentenced to 40 lashes and a fine of 5,000 SDG ($625).

2014 

A report by the UK Foreign and Commonwealth Office found that there were some limited press reports of arrest of individuals for allegedly committing ‘indecent acts’.

2013

In February, it was reported that nine men had been arrested and beaten after police raided a private home. The men were charged with ‘indecent acts’ after it was alleged that they were wearing “women’s clothing”. ILGA World reported that all charges were eventually dropped some months later.

2012

The UK Home Office Country of Origin report provides some limited examples of arrests, including of the president of LGBT organisation, Freedom Sudan, in 2009, and the arrest and public flogging of 19 men after attending a private party described by authorities as a same-sex marriage.

2020

The US Department of State report noted that anti-LGBT sentiment remained pervasive in society, and LGBT organisations alleged being pressured and threatened to alter their activities.

2019

The US Department of State report highlighted that many LGBT people felt compelled to leave the country due to fears, threats, and harassment during the al-Bashir regime, which fell in April 2019 after more than two decades in power.

A blog post by an LGBT Sudanese person in May described the community’s hopes for a change in attitudes and treatment of LGBT people in Sudan following the revolution. However, the blog highlighted that there is still a very real risk of being harassed or attacked on the basis of sexual orientation or gender identity.

2014

A report by the Equal Rights Trust found LGB people in Sudan experience abuse, violence, and extreme stigma, and that as a result there is effectively no open LGBT community.

A July report by the Austrian Centre for Country of Origin and Asylum Research and Documentation included a number of reports interviewing LGBT individuals from the country. Those reports emphasise the need for discretion due to societal discrimination. One report suggests that honour killings can occur.

A report by the Swedish International Development Cooperation Agency in November found that societal discrimination against LGBT people is widespread, and the vast majority of the population considers non-conforming sexual orientation and gender identity unacceptable. Few people are prepared to talk openly about LGBT issues, and vigilantes reportedly target suspected LGBT people for violent abuse. As such, the community is not open and is essentially invisible in the country.