CIVICUS discusses Mali’s new anti-LGBTQI+ law with a representative of a human rights civil society organisation who asked to remain anonymous for security reasons.

On 31 October, Mali’s National Transitional Council (CNT) passed a law criminalising homosexuality. Mali has been under military rule since 2021 and has seen increasing repression of the opposition and the media, as well as escalating armed conflict. Presented as a defence of ‘traditional values’, the new law reflects a worrying trend in a region where LGBTQI+ people face stigma, discrimination and violence.

What are the main legislative changes?

The CNT has passed two major laws to change the justice system, one of which criminalises homosexuality. This law comes on top of other important changes, such as the abolition of the Court of Assizes, a criminal trial court that hears serious criminal cases, the creation of a panel of judges of freedoms and detention, responsible for approving detention warrants, the introduction of the crime of high treason in accordance with the new constitution, the introduction of electronic bracelets and the prohibition of slavery by descent.

The Malian government wants to criminalise same-sex relations in order to preserve traditional cultural and religious values in a country where Islam is the dominant religion and social norms are deeply conservative.

The new law marks an important legal and political turning point. Until now, homosexuality has not been subject to any explicit criminal sanctions. But the minister of justice has now made it clear that there are legal provisions that prohibit homosexuality, and that anyone who engages in, promotes or condones this practice will be prosecuted.

How has civil society reacted?

Even institutions that are generally committed to human rights seem to be avoiding the issue, fearing the risk of polarisation or rejection by a large part of public opinion. This caution reflects the difficulty of striking a balance between the defence of universal rights and the need to take account of Mali’s socio-cultural realities.

In this climate of silence and caution, LGBTQI+ organisations, which are very rare or forced to work with the utmost discretion, face immense challenges. The strong stigma and risks associated with visibility limit their ability to oppose this law. In this context, the support of international partners is essential to enable them to act effectively while ensuring their security.

Is this law part of a broader regional trend?

Yes, this law appears to be part of a wider regional trend. The CNT in Burkina Faso, which has been under military rule since 2022, is considering adopting similar legislation, reinforcing a regional dynamic of institutional rejection of homosexuality.

This phenomenon reflects a growing conservative discourse in several West African countries, often justified by the desire to protect local cultural and religious values. These laws are sometimes seen as a response to internal pressures to preserve traditional norms, but they can also be used as a political tool to consolidate popular support for military regimes.

If this initiative is confirmed in Burkina Faso, other states in the region are likely to consider similar approaches.