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LGBTQ rights in Gabon
From Wikipedia, the free encyclopedia
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Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Gabon face legal challenges not experienced by non-LGBTQ residents. Except for a period between July 2019 and June 2020, same-sex sexual activity has generally been legal in Gabon.
Same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples and LGBTQ persons face stigmatization among the broader population.[2][3]
In December 2008, Gabon co-sponsored and signed the non-binding UN declaration on sexual orientation and gender identity which called for the global decriminalization of homosexuality. It was one of only six African countries to do so.[4] In 2011, however, Gabon voted against a joint statement on ending acts of violence and related human rights violations based on sexual orientation and gender identity" at the United Nations, a statement which was condemning violence and discrimination against LGBTQ people.[5]
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Laws regarding same-sex sexual activity
Following the country's independence from France in 1960, and up to 2019, same-sex relationships have not been criminalized.[2] The age of consent is not equal. Opposite-sex sexual acts requires a minimum age of 15, while same-sex sexual acts requires the minimum age of 21.[6]
On 5 July 2019, Gabon enacted revisions to its Penal Code which criminalized homosexual relations between consenting adults with a potential penalty of imprisonment up to 6 months and/or a fine of up to 5 million CFA francs.[3][7] According to Davis Mac-Iyalla of the Interfaith Diversity Network of West Africa, he claimed he knew of two men in Gabon who had already been arrested under the law and had to bribe the police to be let go.[8][9] On 23 June 2020, the National Assembly approved the government's bill to decriminalize same-sex sexual activity.[10][11] It was approved by the Senate on 29 June, and signed by the President on 7 July 2020.[12][13]
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Recognition of same-sex relationships
There is no legal recognition of same-sex couples. In November 2024, Gabon adopted a new constitution via a national referendum, which included a provision explicitly defining marriage as a union between a man and a woman. This definition was enshrined as an "eternity clause," making it unamendable under the current constitutional framework. The clause states: "Le mariage, union entre deux personnes de sexe opposé" (Marriage, a union between two people of the opposite sex). The constitutional ban on same-sex marriage took effect on 12 April 2025.[14][15][16]
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Discrimination protections
There are limited protections based on sexual orientation and sexual life. There is no legal protection against discrimination based on gender identity.
Law No. 025/2023 of 09/07/2023 amending Law No. 001/2011 of 25 September 2011 on the Protection of Personal Data included sexual orientation and sexual life as sensitive data.[17]
Living conditions
The U.S. Department of State's 2010 Human Rights Report found that "discrimination and violence against lesbian, gay, bisexual, and transgender (LGBT) persons was a problem, and LGBT individuals often kept their status secret from the community for fear of being harassed or discriminated against".[18]
Summary table
| Same-sex sexual activity legal |  (1960-2019, again since 2020) |
| Equal age of consent |  [19] |
| Anti-discrimination laws in hate speech and violence | |
| Anti-discrimination laws in employment | |
| Anti-discrimination laws in the provision of goods and services | |
| Same-sex marriage | (Constitutional ban on same-sex marriage since 2025) |
| Recognition of same-sex couples | |
| Step-child adoption by same-sex couples | |
| Joint adoption by same-sex couples | |
| Gays and lesbians allowed to serve openly in the military | |
| Right to change legal gender | |
| Access to IVF for lesbians | |
| Commercial surrogacy for gay male couples | |
| MSMs allowed to donate blood | |
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See also
References
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