Lesbian, gay, bisexual, and transgender (LGBT) persons in Chad face legal challenges not experienced by non-

LGBT ' is an initialism that stands for lesbian, gay, bisexual, and transgender. In use since the 1990s, the initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity. The LGBT term ...

residents. Both male and female same-sex sexual activity is illegal in the country. Before the new penal code took effect in August 2017, homosexual activity between adults had never been criminalised. There is no legal protection against discrimination based on sexual orientation and gender identity.

Law regarding same-sex sexual activity

Same-sex sexual activity is illegal in Chad since 2017. Previous to that there were no restrictions. A bill introduced in 2014 aimed to impose up to 20 years imprisonment for consensual same-sex acts (proposed Article 361bis). However, on 12 December 2016, the

National Assembly In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the rep ...

passed an updated penal code criminalising both male and female same-sex sexual activity by a vote of 111 to 1 (with 4 abstentions), but classing acts between consenting adults as a misdemeanour offence. On 8 May 2017, the new penal code was enacted by the President Idriss Deby. In supporting the law, the former Prime Minister Delwa Kassiré Coumakoye argued a religious motivation: "''Homosexuality is condemned by all religions. We do not have to forgive something that God himself rejects because Westerners have said this or that.''" His comment was criticized by some LGBT historians who controversially maintain that homophobia was brought to Chad by colonialism, despite the existence of Islamic law in the nation prior to imperial rule. These historians believe that homosexuality was quite commonplace and accepted before the arrival of the Europeans. The US-based Robert F. Kennedy Human Rights called on the President of Chad not to enact the changes to the law, which is linked to a rise in homophobia in Africa in response to the increased visibility and assertiveness of gay lifestyles and politics in Africa, and the engagement of fundamentalist Christians. This includes the financing of anti-gay campaigns by American evangelical churches. It became law on 1 August 2017. Chapter II on "Other offenses against decency" of Title VII (relating to sexual offences) of the Penal Code, provides as follows: :''Article 354. Everyone who has sex 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.''The official text of Article 354 in French
Code Pénal Tchad, p. 20
:

Est puni d'un emprisonnement de trois mois à deux ans et d'une amende e 50.000 à 500.000 francs, quiconque a des rapports sexuels avec les personnes de son sexe.

Chapter III on "Offenses of a sexual nature committed against minors" of Title VIII (relating to offenses against the person or the status of the child) of the Penal Code, provides as follows: :''Article 360. Anyone who, without violence, maintains a sexual relationship or practices sexual touching on a person of the same sex aged less than eighteen (18) years will be punished with imprisonment of one (1) to three (3) years and a fine of 100,000 to 500,000 francs.''The official text of Article 360 in French:

Sera puni d'un emprisonnement de un (1) á trois (3) ans et d'une amende de 100.000 à 500.000 francs, quiconque, sans violence, entretient une relation sexuelle ou practique des attouchments de nature sexuelle sur une personne de son sexe âgée de moins de dix-huit (18) ans.

Sexual orientation

Article 350(i) of the Penal Code provides imprisonment of ten to twenty years when the rape is committed because of the

sexual orientation Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...

of the victim.

Recognition of same sex relationships

There is no legal recognition of

same-sex couples A same-sex relationship is a romantic or sexual relationship between people of the same sex. ''Same-sex marriage'' refers to the institutionalized recognition of such relationships in the form of a marriage; civil unions may exist in countries ...

Living conditions

The

U.S. Department of State The United States Department of State (DOS), or State Department, is an executive department of the U.S. federal government responsible for the country's foreign policy and relations. Equivalent to the ministry of foreign affairs of other ...

's 2010 Human Rights Report found that "there were no known lesbian, gay, bisexual, and transgender (LGBT) organizations. There were few reports of violence or discrimination against LGBT persons, in large part because most such persons were discreet about sexual orientation due to social and cultural strictures against homosexuality."

Summary table

Notes

References

External links

UK government travel advice for Chad: Local laws and customs
{{Africa topic, LGBT rights in Law of Chad Chad LGBT in Chad Human rights in Chad Politics of Chad