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Public Opinion

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History

Homosexual activity in Shamal Darfur

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Homosexual activity in Shamal Darfur is illegal (up to life in prison as punishment).

Current status
Since Jul 9, 2020
Illegal (up to life in prison as punishment)
In 2020, following the overthrow of Omar al-Bashir, Sudan reformed its justice system. The reforms included the abolishment of public flogging and the death penalty as a punishment for consensual same-sex sexual activity.

However, Sudan still punishes homosexual sex between men with 5 years imprisonment for the first offence, 7 years for the second, and life imprisonment for the third. For homosexual sex between women, the punishment is a maximum of 1 year imprisonment.
Details
Sources:
www.reuters.com/article/us-…
www.humandignitytrust.org/c…
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Jan 31, 1991–Jul 8, 2020
Illegal (death penalty as punishment)
In 1991, The Criminal Act 1991 came into effect.

Article 148 punished third time offenders of the "Offence of sodomy" with either the death penalty or with life imprisonment.
Details
Sources:
www.refworld.org/docid/5a84…
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1899–Jan 30, 1991
Legal
While Sudan was a colony, the Sudanese Penal Code of 1899 was passed which criminalized “carnal intercourse against the order of nature” that wasn't consensual. Sudan had no laws that criminalized consensual homosexual sex.
Details
Sources:
www.hrw.org/report/2008/12/…
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Same-sex marriage in Shamal Darfur

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Same-sex marriage in Shamal Darfur is banned.

Current status
Since Feb 1, 1991
Banned
Homosexuality is not legal in Sudan.
Details
Sources:
www.jstor.org/stable/3381514
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Censorship of LGBT issues in Shamal Darfur

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Censorship of LGBT issues in Shamal Darfur is state-enforced.

Current status
Since 1899
State-enforced
The 1991 Penal Code in Sudan criminalises materials and expositions “contrary to public morals” which is heavily implied to refer to LGBTIQ+ topics. LGBTIQ+ organisations have often been threatened to cease their activities by authorities. The 2020 amendments did not remove this provision.

Additionally, the 1899 Sudanese Penal Code criminalised “any male person who dresses or is attired in the fashion of a woman in a public place”, effectively criminalising the gender expression of cross dressing men and transgender women.
Details
Sources:
www.state.gov/reports/2020-…
database.ilga.org/api/downl…
www.loc.gov/item/global-leg…
www.state.gov/reports/2023-…
www.hrw.org/report/2008/12/…
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Right to change legal gender in Shamal Darfur

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Right to change legal gender in Shamal Darfur is illegal.

Current status
Illegal
There is no legislation to recognize a legal gender change in Sudan.
Details
Sources:
cdn.sida.se/app/uploads/202…
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Gender-affirming care in Shamal Darfur

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Gender-affirming care in Shamal Darfur is restricted.

Current status
Since 1990
Restricted
In 1990, Sudan legalized sterilization, which de facto meant legalizing sex reassignment surgery, however, medical records regarding transsexualism had to be obtained abroad.
Details
Sources:
www.rhsupplies.org/uploads/…
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Legal recognition of non-binary gender in Shamal Darfur

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Legal recognition of non-binary gender in Shamal Darfur is not legally recognized.

Current status
Not legally recognized
No legal recognition.
Details
Sources:
cdn.sida.se/app/uploads/202…
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LGBT discrimination in Shamal Darfur

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LGBT discrimination in Shamal Darfur is no protections.

Current status
No protections
In Sudan, neither sexual orientation nor gender identity is a protected class from discrimination.
Details
Sources:
www.state.gov/reports/2023-…
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LGBT employment discrimination in Shamal Darfur

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LGBT employment discrimination in Shamal Darfur is no protections.

Current status
No protections
In Sudan, neither sexual orientation nor gender identity is a protected class from employment discrimination.
Details
Sources:
www.state.gov/reports/2023-…
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LGBT housing discrimination in Shamal Darfur

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LGBT housing discrimination in Shamal Darfur is no protections.

Current status
No protections
In Sudan, neither sexual orientation nor gender identity is a protected class from housing discrimination.
Details
Sources:
www.state.gov/reports/2023-…
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Same-sex adoption in Shamal Darfur

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Same-sex adoption in Shamal Darfur is unknown.

Current status
Unknown

Intersex infant surgery in Shamal Darfur

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Intersex infant surgery in Shamal Darfur is not banned.

Current status
Not banned
There is no ban on surgeries performed on intersex infants in Sudan.
Details
Sources:
database.ilga.org/sudan-lgbti
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Serving openly in military in Shamal Darfur

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Serving openly in military in Shamal Darfur is illegal.

Current status
Illegal
Mandatory military service does not equate tolerance for open homosexuality, nor does it account for a system of 'filtering' LGBT concerns.
Details
Sources:
(See sources listed for homosexual activity.)
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Blood donations by MSMs in Shamal Darfur

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Blood donations by MSMs in Shamal Darfur is unknown.

Current status
Unknown

Conversion therapy in Shamal Darfur

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Conversion therapy in Shamal Darfur is not banned.

Current status
Not banned
According to the ILGA World, there's no ban on conversion therapy in Sudan.
Details
Sources:
ilga.org/downloads/ILGA_Wor… (page 326)
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Equal age of consent in Shamal Darfur

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Equal age of consent in Shamal Darfur is n/a.

Current status
N/A
Age of consent is not applicable because homosexuality is illegal in Sudan.
Details
Sources:
data.over-blog-kiwi.com/1/2…
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Equality Index ?
12 / 100
Legal Rights
6 / 100
This region's Equality Index is based on legal rights alone. Please submit survey results that show the public opinion of LGBTQ+ issues in Shamal Darfur to help improve its accuracy.
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Common queries:
  • Is it illegal to be gay in Shamal Darfur?
  • Is homosexuality legal in Shamal Darfur?
  • Is gay marriage legal in Shamal Darfur?
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