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LGBTQ+ Persecution: Cases from 15 Countries in Our Database

LGBTQ+ Persecution: Cases from 15 Countries in Our Database

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Photo: LGBTQ - Quinn Daedal

LGBTQ persecution worldwide remains a grave reality for millions of people. At least 64 countries still criminalise same-sex relations.[1] In 12 of these countries, the penalty can be death. Our expert witness database covers cases from 15 of the worst countries for LGBTQ+ people. This article explains where persecution happens, what forms it takes, and how it affects asylum claims.

The data comes from ILGA World, Human Rights Watch, Amnesty International, and the UN Human Rights Office. Understanding LGBTQ persecution worldwide is essential for asylum decision-makers, lawyers, and human rights advocates.

64
Countries criminalise same-sex acts
12
Countries with death penalty
15
Countries in our expert database
300M+
People live where being gay is a crime

Global Overview: Where LGBTQ+ People Face Criminal Penalties

According to ILGA World's 2023 report, 64 countries criminalise consensual same-sex sexual acts between adults.[2] This means that in roughly one-third of the world's nations, being gay, lesbian, or bisexual can lead to arrest. The penalties vary greatly, however. Some countries impose fines or short prison terms. Others impose life in prison or death.

The 12 countries where the death penalty applies (either in law or through sharia courts) include Iran, Saudi Arabia, Yemen, Mauritania, Brunei, Nigeria (northern states), Afghanistan, Pakistan, Qatar, Somalia, and Uganda.[3] In several more countries, long prison terms of 10 years or more are common. The enforcement level also varies. Some countries rarely prosecute. Others actively hunt LGBTQ+ people through police raids, social media monitoring, and entrapment operations.

Beyond the criminal law, LGBTQ+ people also face social persecution. Family violence, so-called "honour" attacks, forced marriage, and conversion therapy are widespread. In many countries, there is no protection from discrimination in employment, housing, or healthcare. Even in countries where homosexuality is legal, social hostility can be extreme.

Penalties for Same-Sex Acts by Severity (Number of Countries)
Death

12 countries

12

Life

7 countries

7

10+ years

11 countries

11

Under 10 yrs

34 countries

34

Figure 1: Classification of criminal penalties for same-sex acts across 64 countries. Source: ILGA World, State-Sponsored Homophobia Report 2023.

Country-by-Country Analysis: 15 Countries in Our Database

Our expert database covers 15 countries where LGBTQ persecution worldwide is especially severe. Here is a brief look at each one. The information focuses on the law in place, the pattern of persecution, and why people flee.

Russia

Russia has no criminal ban on same-sex acts. However, the 2023 Supreme Court ruling declared the "international LGBT movement" an extremist organisation.[4] The "gay propaganda" law, expanded in 2022, bans any positive mention of LGBTQ+ identities. Activists face arrest, and ordinary LGBTQ+ people face growing violence.

Iran

Iran punishes same-sex acts with death under its Islamic Penal Code.[5] The state has executed people for homosexuality. Transgender people are pressured to undergo surgery. The persecution is systematic and state-driven.

Uganda

The Anti-Homosexuality Act 2023 imposes life in prison for same-sex acts and the death penalty for "aggravated homosexuality."[6] Since the law passed, arrests, mob violence, and evictions have increased sharply. Read more in our human rights section.

Nigeria

The Same-Sex Marriage (Prohibition) Act 2014 punishes same-sex relationships with up to 14 years in prison. In the 12 northern states that apply sharia law, the penalty is death by stoning.[7] Mob violence against suspected gay people is common.

Pakistan

Section 377 of the Pakistan Penal Code criminalises "carnal intercourse against the order of nature." The penalty is up to life imprisonment. Under certain interpretations of Islamic law, the death penalty can apply. Extrajudicial violence is widespread.

Afghanistan

Under Taliban rule since 2021, same-sex acts carry the death penalty. There is no legal process. Taliban judges impose punishments based on their interpretation of sharia. LGBTQ+ Afghans live in extreme danger with no possible state protection.[8]

Saudi Arabia

Saudi Arabia punishes same-sex acts with death under its interpretation of sharia law. There is no written penal code for this offence. Instead, judges have wide discretion. Punishments include lashing, imprisonment, and execution.

Cameroon

Article 347-1 of the Cameroon Penal Code punishes same-sex acts with up to 5 years in prison.[9] Cameroon is one of the most active prosecutors in Africa. Police regularly arrest people based on their appearance or the testimony of neighbours.

Egypt

Egypt has no explicit law against homosexuality. However, authorities use "debauchery" laws to arrest LGBTQ+ people. Police use dating apps to entrap gay men. Torture in detention is well documented.[10]

Jamaica

Jamaica's Offences Against the Person Act criminalises male same-sex acts with up to 10 years of hard labour. Social hostility is extreme. Jamaica has one of the highest rates of anti-LGBTQ+ violence in the Caribbean region.

Malaysia

Malaysia punishes same-sex acts under both the Penal Code (up to 20 years) and sharia law (fines, imprisonment, caning). The dual legal system means LGBTQ+ people face prosecution from both civil and religious courts.

Chechnya (within Russia)

Chechnya has conducted purges of gay men since 2017. Security forces have detained, tortured, and killed men suspected of being gay.[11] Families are told to "deal with" their relatives. The Russian federal government has refused to investigate.

Iraq

Iraq does not formally criminalise homosexuality. However, armed militias and tribal groups kill LGBTQ+ people with impunity. A 2024 law criminalising "promoting homosexuality" with up to 15 years in prison made the situation worse.[12]

Tanzania

Tanzania punishes same-sex acts with up to 30 years in prison under Sections 154-157 of the Penal Code. President Magufuli (2015-2021) launched a crackdown on LGBTQ+ people. Forced anal examinations have been documented.

Ghana

Ghana criminalises same-sex acts with up to 3 years in prison. In 2023, Parliament passed the Human Sexual Rights and Family Values Bill, which would increase penalties and criminalise LGBTQ+ advocacy.[13] The bill awaits presidential assent.

Penalties and Asylum Relevance: The Full Picture

Country Legal basis Max penalty Enforcement Asylum relevance
Russia "LGBT extremism" ruling; propaganda law 6-10 yrs (extremism) High and increasing Very high
Iran Islamic Penal Code arts 233-234 Death Systematic Very high
Uganda Anti-Homosexuality Act 2023 Death / life High Very high
Nigeria SSMPA 2014; sharia (north) Death (north) / 14 yrs High Very high
Pakistan Penal Code s 377 Life / death (sharia) Moderate-high Very high
Afghanistan Taliban sharia interpretation Death Systematic Very high
Saudi Arabia Sharia (no codified law) Death High Very high
Cameroon Penal Code art 347-1 5 years Very high High
Egypt Debauchery laws (Law 10/1961) 17 years High (entrapment) High
Jamaica Offences Against the Person Act 10 years hard labour Moderate High
Malaysia Penal Code s 377A; sharia 20 years + caning Moderate High
Chechnya Extralegal persecution Extrajudicial killing Systematic (purges) Very high
Iraq 2024 anti-LGBT law; militia violence 15 years / death (militia) High Very high
Tanzania Penal Code ss 154-157 30 years (life in Zanzibar) High High
Ghana Criminal Offences Act 1960 s 104 3 years (more if bill passes) Moderate High

How LGBTQ+ Asylum Claims Work

Under the 1951 Refugee Convention, a person can claim asylum if they face persecution for reasons of race, religion, nationality, political opinion, or membership of a particular social group (PSG). LGBTQ+ people are recognised as a particular social group in most Western asylum systems.[14]

To succeed, an LGBTQ+ asylum seeker must show three things. First, they must show they are LGBTQ+ (or are perceived as such). Second, they must show a real risk of persecution in their home country. Third, they must show the state cannot or will not protect them. In many of the 15 countries above, the state itself is the persecutor. This makes the third point straightforward.

A landmark case in the UK changed LGBTQ+ asylum law forever. In HJ (Iran) and HT (Cameroon) v Secretary of State for the Home Department [2010] UKSC 31, the Supreme Court ruled that you cannot require a person to hide their sexual orientation to avoid persecution.[15] Before this case, many judges told LGBTQ+ asylum seekers they could "be discreet" and stay safe. The Supreme Court rejected this reasoning completely.

To compel a homosexual person to pretend that his sexuality does not exist or suppress the behaviour by which to manifest itself is to deny him his fundamental right to be who he is.
Lord Hope, HJ (Iran) v SSHD [2010] UKSC 31

For more detail on asylum procedures, visit our asylum guide.

Common Challenges in LGBTQ+ Asylum Cases

LGBTQ+ asylum claims face unique challenges. These challenges are different from other types of persecution cases. Understanding them is important for lawyers and decision-makers.

Proving sexual orientation. There is no document that "proves" someone is gay. Decision-makers must assess credibility based on the person's account of their experiences. Some countries have used intrusive questioning or even medical examinations. These practices have been widely condemned.[16]

Late disclosure. Many LGBTQ+ asylum seekers do not mention their sexual orientation in their first interview. They may feel shame. They may not trust the interpreter. They may come from a culture where the topic is never discussed. Late disclosure does not mean a claim is false. Courts have recognised that cultural shame and fear explain delay.

Cultural shame and internalised stigma. People who grow up in countries where homosexuality is a crime often internalise deep shame. They may struggle to speak about their identity. They may use indirect language. An expert witness can help explain this to the court.

Important: LGBTQ+ asylum seekers should never be asked to "prove" their orientation through explicit photographs, sexual acts, or invasive medical tests. The UNHCR, the EU, and UK case law all prohibit these methods.

How Expert Witnesses Support LGBTQ+ Claims

An expert witness can provide crucial evidence in LGBTQ+ asylum cases. Their role is to give the court objective information about the conditions in the applicant's home country. This helps the judge understand the real risk the person faces.

Expert witnesses can address several key questions. They can confirm whether the country criminalises same-sex acts and how actively the law is enforced. They can describe the pattern of persecution, including police abuse, social violence, and family rejection. They can also explain why a person might not have disclosed their orientation earlier.

In cases involving countries like Russia, Chechnya, or Iran, expert evidence is often decisive. The expert can describe the specific mechanisms of persecution. For example, in Chechnya, security forces use informant networks and forced confessions. In Egypt, police create fake profiles on dating apps. In Uganda, community members report suspected LGBTQ+ people to the police. This level of detail helps the court understand why the applicant cannot safely return.

Our database includes experts who specialise in country conditions relevant to LGBTQ+ persecution. They can provide written reports or oral testimony for asylum tribunals and courts.

Conclusion

LGBTQ persecution worldwide continues to affect millions. At least 64 countries criminalise same-sex relations. In 12 countries, being gay can mean death. Our expert database covers 15 of the most dangerous countries for LGBTQ+ people. From Iran's executions to Chechnya's purges, from Uganda's new law to Egypt's entrapment operations, the patterns of persecution are well documented.

For LGBTQ+ asylum seekers, the legal framework is clear. They are a particular social group. They cannot be required to hide who they are. But the practical challenges remain significant. Proving sexual orientation, overcoming late disclosure, and dealing with cultural shame all require careful handling. Expert witnesses play a vital role in bridging the gap between the applicant's experience and the court's understanding.

If you are working on an LGBTQ+ asylum case, our expert witness directory can connect you with specialists who understand these issues in depth.

With same-sex relations criminalised in at least 64 countries, the risk in each case depends on local enforcement, so use our expert witness finder to find an expert on the client's country.

Footnotes

  1. ILGA World, 'State-Sponsored Homophobia: Global Legislation Overview Update' (December 2023)
  2. ILGA World, 'State-Sponsored Homophobia 2023' (Geneva, 2023); Lucas Ramon Mendos and others, 'Our Identities Under Arrest' (ILGA World 2023)
  3. ILGA World, 'State-Sponsored Homophobia 2023' — Map of countries with death penalty provisions for consensual same-sex acts
  4. Supreme Court of the Russian Federation, Decision on the 'International LGBT Movement' (30 November 2023); Human Rights Watch, 'Russia: Supreme Court Bans "LGBT Movement"' (November 2023)
  5. Islamic Penal Code of Iran (2013), arts 233-234; Amnesty International, 'Iran: Executions for Same-Sex Relations' (2024)
  6. Anti-Homosexuality Act 2023 (Uganda), signed 29 May 2023; Human Rights Watch, 'Uganda: Anti-Homosexuality Act Prompts Abuse' (2024)
  7. Same-Sex Marriage (Prohibition) Act 2014 (Nigeria); Human Rights Watch, 'Nigeria: Anti-LGBT Law Spurs Abuse' (2014)
  8. Human Rights Watch, 'Afghanistan: Taliban Abuses Against LGBT People' (2022); OHCHR, 'Situation of Human Rights in Afghanistan' (2023)
  9. Cameroon Penal Code, art 347-1; Human Rights Watch, 'Cameroon: Wave of Arrests for Homosexuality' (2021)
  10. Human Rights Watch, 'Egypt: Security Forces Abuse, Torture LGBT People' (2020); Amnesty International, 'Egypt: Entrapment, Torture and Forced Anal Examinations' (2023)
  11. Russian LGBT Network, 'Report on Persecution in Chechnya' (2024); OHCHR, 'Persecution of LGBT Individuals in Chechnya' (2019, updated 2023)
  12. Iraq: Amendment to the Anti-Prostitution Law (Law No. 8 of 1988), passed April 2024; Human Rights Watch, 'Iraq: New Law Targets LGBT People' (2024)
  13. Human Sexual Rights and Family Values Bill 2021 (Ghana), passed by Parliament February 2024; Amnesty International, 'Ghana: Anti-LGBTI Bill' (2024)
  14. UNHCR, 'Guidelines on International Protection No. 9: Claims to Refugee Status Based on Sexual Orientation and/or Gender Identity' (HCR/GIP/12/09, 2012)
  15. HJ (Iran) and HT (Cameroon) v Secretary of State for the Home Department [2010] UKSC 31
  16. UNHCR, 'Guidelines on International Protection No. 9' (2012), paras 63-65; CJEU, Joined Cases C-148/13, C-149/13 and C-150/13 (2014) — prohibiting intrusive questioning

Country expert reports for the jurisdictions in this article

Jamaica

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