Entry #5492: Homosexual activity in Western Sahara

Current Version

Region	Western Sahara
Issue	Homosexual activity
Status	Illegal (other penalty)
Start Date	Nov 14, 1975
End Date	(none)
Description	Information related to the legality of homosexuality in Western Sahara (also known as the Sahrawi Arab Democratic Republic) is extremely limited. Some sources, such as The Council for Global Equality, state that homosexuality is illegal in Western Sahara. However, the actual situation is more nuanced. In 1975, Spain unilaterally withdrew from its colony of Western Sahara, and the territory was invaded by Morocco and Mauritania. Mauritania later withdrew its troops, but Morocco did not. Morocco now controls more than two-thirds of the territory claimed by the Sahrawi Arab Democratic Republic (SADR). In Morocco, homosexuality is a crime punishable by six months to three years of imprisonment, and a fine of 120 to 1,000 dirhams. However, in the territory controlled by the SADR, information on any possible punishments for homosexuality is not readily available.
Sources	https://www.globalequality.org/storage/documents/pdf/oae2011-refguide-4page.pdf https://www.lawgratis.com/blog-detail/criminal-law-western-sahara https://arabcenterdc.org/resource/the-polisario-front-morocco-and-the-western-sahara-conflict/ https://ilga.org/wp-content/uploads/2024/02/02_ILGA_State_Sponsored_Homophobia_2016_ENG_WEB_150516.pdf

Revision History (29)

3 weeks ago

edited by quipt. Spain withdrew from the Spanish Sahara on 14 November 1975

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	Old Value	New Value (Current)
Start Date	1975	Nov 14, 1975

Aug 8, 2025

edited by UnknownMiles. Adding more info, fixing description, links, date, and changing status.

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	Old Value	New Value
Value	Illegal (imprisonment as punishment)	Illegal (other penalty)
Start Date	Jan 15, 1944	1975
End Date	Nov 15, 1975	(none)
Description	Up to 3 years in prison. Not enforced.	Information related to the legality of homosexuality in Western Sahara (also known as the Sahrawi Arab Democratic Republic) is extremely limited. Some sources, such as The Council for Global Equality, state that homosexuality is illegal in Western Sahara. However, the actual situation is more nuanced. In 1975, Spain unilaterally withdrew from its colony of Western Sahara, and the territory was invaded by Morocco and Mauritania. Mauritania later withdrew its troops, but Morocco did not. Morocco now controls more than two-thirds of the territory claimed by the Sahrawi Arab Democratic Republic (SADR). In Morocco, homosexuality is a crime punishable by six months to three years of imprisonment, and a fine of 120 to 1,000 dirhams. However, in the territory controlled by the SADR, information on any possible punishments for homosexuality is not readily available.
Description	Show Difference Up to 3 years in prison. Not enforced. Information related to the legality of homosexuality in Western Sahara (also known as the Sahrawi Arab Democratic Republic) is extremely limited. Some sources, such as The Council for Global Equality, state that homosexuality is illegal in Western Sahara. However, the actual situation is more nuanced. In 1975, Spain unilaterally withdrew from its colony of Western Sahara, and the territory was invaded by Morocco and Mauritania. Mauritania later withdrew its troops, but Morocco did not. Morocco now controls more than two-thirds of the territory claimed by the Sahrawi Arab Democratic Republic (SADR). In Morocco, homosexuality is a crime punishable by six months to three years of imprisonment, and a fine of 120 to 1,000 dirhams. However, in the territory controlled by the SADR, information on any possible punishments for homosexuality is not readily available.
Sources	https://www.amnestyusa.org/files/making_love_a_crime_-_facts__figures.pdf https://www.pinknews.co.uk/2018/09/06/homosexuality-illegal-countries-gay-sex-india/ https://www.hrw.org/video-photos/interactive/2018/04/16/sexual-orientation-gender-identity-country-profiles#morocco_western_sahara https://www.independent.co.uk/news/world/gay-lesbian-bisexual-relationships-illegal-in-74-countries-a7033666.html	https://www.globalequality.org/storage/documents/pdf/oae2011-refguide-4page.pdf https://www.lawgratis.com/blog-detail/criminal-law-western-sahara https://arabcenterdc.org/resource/the-polisario-front-morocco-and-the-western-sahara-conflict/ https://ilga.org/wp-content/uploads/2024/02/02_ILGA_State_Sponsored_Homophobia_2016_ENG_WEB_150516.pdf
Sources	Show Difference https://www.amnestyusa.org/files/making_love_a_crime_-_facts__figures.pdf https://www.pinknews.co.uk/2018/09/06/homosexuality-illegal-countries-gay-sex-india/ https://www.hrw.org/video-photos/interactive/2018/04/16/sexual-orientation-gender-identity-country-profiles#morocco_western_sahara https://www.independent.co.uk/news/world/gay-lesbian-bisexual-relationships-illegal-in-74-countries-a7033666.html https://www.globalequality.org/storage/documents/pdf/oae2011-refguide-4page.pdf https://www.lawgratis.com/blog-detail/criminal-law-western-sahara https://arabcenterdc.org/resource/the-polisario-front-morocco-and-the-western-sahara-conflict/ https://ilga.org/wp-content/uploads/2024/02/02_ILGA_State_Sponsored_Homophobia_2016_ENG_WEB_150516.pdf

Mar 10, 2025

edited by DaisyGeekyTrans. Fixing date overlap.

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	Old Value	New Value
End Date	Sep 8, 2018	Nov 15, 1975

Sep 6, 2018

edited by Ausyk

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	Old Value	New Value
Value	(REMOVED)	Illegal (imprisonment as punishment)
Special Status	Ambiguous	Illegal (imprisonment as punishment)
End Date	Aug 19, 2018	Sep 8, 2018
Description	Up to 3 years in prison. Under area controlled by morocco. Legal in area near border.	Up to 3 years in prison. Not enforced.
Description	Show Difference Up to 3 years in prison. Under area controlled by morocco. Legal in area near border. Not enforced.
Sources	https://www.amnestyusa.org/files/making_love_a_crime_-_facts__figures.pdf https://www.hrw.org/video-photos/interactive/2018/04/16/sexual-orientation-gender-identity-country-profiles#morocco_western_sahara https://www.independent.co.uk/news/world/gay-lesbian-bisexual-relationships-illegal-in-74-countries-a7033666.html	https://www.amnestyusa.org/files/making_love_a_crime_-_facts__figures.pdf https://www.pinknews.co.uk/2018/09/06/homosexuality-illegal-countries-gay-sex-india/ https://www.hrw.org/video-photos/interactive/2018/04/16/sexual-orientation-gender-identity-country-profiles#morocco_western_sahara https://www.independent.co.uk/news/world/gay-lesbian-bisexual-relationships-illegal-in-74-countries-a7033666.html
Sources	Show Difference https://www.amnestyusa.org/files/making_love_a_crime_-_facts__figures.pdf https://www.hrw.org/video-photos/interactive/2018/04/16/sexual-orientation-gender-identity-country-profiles#morocco_western_sahara https://www.independent.co.uk/news/world/gay-lesbian-bisexual-relationships-illegal-in-74-countries-a7033666.html https://www.amnestyusa.org/files/making_love_a_crime_-_facts__figures.pdf https://www.pinknews.co.uk/2018/09/06/homosexuality-illegal-countries-gay-sex-india/ https://www.hrw.org/video-photos/interactive/2018/04/16/sexual-orientation-gender-identity-country-profiles#morocco_western_sahara https://www.independent.co.uk/news/world/gay-lesbian-bisexual-relationships-illegal-in-74-countries-a7033666.html

Aug 24, 2018

edited by Ausyk

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	Old Value	New Value
Value	Male illegal, female legal	(REMOVED)
Special Status	Male illegal, female legal	Ambiguous
Description	Up to 3 years in prison. Not enforced.	Up to 3 years in prison. Under area controlled by morocco. Legal in area near border.
Description	Show Difference Up to 3 years in prison. Not enforced. Under area controlled by morocco. Legal in area near border.

Aug 20, 2018

edited by Ausyk

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	Old Value	New Value
Description	six months in prison and a fine. Not enforced.	Up to 3 years in prison. Not enforced.

Aug 17, 2018

edited by Ausyk

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	Old Value	New Value
Start Date	Nov 15, 1975	Jan 15, 1944
End Date	Aug 7, 2018	Aug 19, 2018

Aug 4, 2018

edited by Ausyk

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	Old Value	New Value
End Date	Jul 28, 2018	Aug 7, 2018

Jul 28, 2018

edited by Ausyk

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	Old Value	New Value
End Date	Jul 22, 2018	Jul 28, 2018
Description	six months in prison and a fine.	six months in prison and a fine. Not enforced.

Jul 22, 2018

edited by Ausyk

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	Old Value	New Value
End Date	Jul 20, 2018	Jul 22, 2018
Description	six months in prison and a fine. not enforced.	six months in prison and a fine.

Jul 20, 2018

edited by Ausyk

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	Old Value	New Value
Value	Illegal (imprisonment as punishment)	Male illegal, female legal
End Date	Jul 9, 2018	Jul 20, 2018
Description	six months in prison and a fine. not enforced. Decriminalization pending.	six months in prison and a fine. not enforced.
Description	Show Difference six months in prison and a fine. not enforced. Decriminalization pending.

Jul 9, 2018

edited by Ausyk

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	Old Value	New Value
End Date	Jun 24, 2018	Jul 9, 2018
Description	3 months to 3 years in prison. not enforced. Decriminalization pending.	six months in prison and a fine. not enforced. Decriminalization pending.
Description	Show Difference 3 months to 3 years in prison. not enforced. Decriminalization pending. six months in prison and a fine. not enforced. Decriminalization pending.
Sources	https://www.amnestyusa.org/files/making_love_a_crime_-_facts__figures.pdf https://www.independent.co.uk/news/world/gay-lesbian-bisexual-relationships-illegal-in-74-countries-a7033666.html	https://www.amnestyusa.org/files/making_love_a_crime_-_facts__figures.pdf https://www.hrw.org/video-photos/interactive/2018/04/16/sexual-orientation-gender-identity-country-profiles#morocco_western_sahara https://www.independent.co.uk/news/world/gay-lesbian-bisexual-relationships-illegal-in-74-countries-a7033666.html
Sources	Show Difference https://www.amnestyusa.org/files/making_love_a_crime_-_facts__figures.pdf https://www.independent.co.uk/news/world/gay-lesbian-bisexual-relationships-illegal-in-74-countries-a7033666.html https://www.amnestyusa.org/files/making_love_a_crime_-_facts__figures.pdf https://www.hrw.org/video-photos/interactive/2018/04/16/sexual-orientation-gender-identity-country-profiles#morocco_western_sahara https://www.independent.co.uk/news/world/gay-lesbian-bisexual-relationships-illegal-in-74-countries-a7033666.html

Jun 24, 2018

edited by Ausyk

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	Old Value	New Value
End Date	Jun 13, 2018	Jun 24, 2018
Description	3 months to 3 years in prison. not enforced.	3 months to 3 years in prison. not enforced. Decriminalization pending.
Description	Show Difference 3 months to 3 years in prison. not enforced. Decriminalization pending.

Jun 13, 2018

edited by Ausyk

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	Old Value	New Value
Value	Legal	Illegal (imprisonment as punishment)
End Date	Apr 5, 2018	Jun 13, 2018
Description	Not one of the 38 countries that outlaws homosexuality.	3 months to 3 years in prison. not enforced.
Sources	https://www.amnestyusa.org/files/making_love_a_crime_-_facts__figures.pdf	https://www.amnestyusa.org/files/making_love_a_crime_-_facts__figures.pdf https://www.independent.co.uk/news/world/gay-lesbian-bisexual-relationships-illegal-in-74-countries-a7033666.html
Sources	Show Difference https://www.amnestyusa.org/files/making_love_a_crime_-_facts__figures.pdf https://www.amnestyusa.org/files/making_love_a_crime_-_facts__figures.pdf https://www.independent.co.uk/news/world/gay-lesbian-bisexual-relationships-illegal-in-74-countries-a7033666.html

Apr 5, 2018

edited by Ausyk

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	Old Value	New Value
Sources	https://www.hrw.org/sites/default/files/world_report_download/201801world_report_web.pdf	https://www.amnestyusa.org/files/making_love_a_crime_-_facts__figures.pdf
Sources	Show Difference https://www.hrw.org/sites/default/files/world_report_download/201801world_report_web.pdf https://www.amnestyusa.org/files/making_love_a_crime_-_facts__figures.pdf

Apr 5, 2018

edited by Ausyk

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	Old Value	New Value
Value	Illegal (imprisonment as punishment)	Legal
End Date	Apr 1, 2018	Apr 5, 2018
Description	upt to 3 years in prison.	Not one of the 38 countries that outlaws homosexuality.

Apr 3, 2018

edited by Ausyk

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	Old Value	New Value
Value	Legal	Illegal (imprisonment as punishment)
Description	Not criminalized in southern part.	upt to 3 years in prison.

Apr 1, 2018

edited by Ausyk

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	Old Value	New Value
Value	Illegal (imprisonment as punishment)	Legal
End Date	Mar 8, 2018	Apr 1, 2018
Description	Six months to 3 years in prison and or fine 120- 1000 dirhams under Article 489 of Morrocon Criminal Code. Follows Morroco's laws because it doesn't have a government. Also morocco controls a vast portion of the territory. According to the 2018 World Report.	Not criminalized in southern part.
Description	Show Difference Six months to 3 years in prison and or fine 120- 1000 dirhams under Article 489 of Morrocon Criminal Code. Follows Morroco's laws because it doesn't have a government. Also morocco controls a vast portion of the territory. According to the 2018 World Report. Not criminalized in southern part.

Mar 8, 2018

edited by Ausyk

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	Old Value	New Value
End Date	Feb 12, 2018	Mar 8, 2018

Feb 12, 2018

edited by Ausyk

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	Old Value	New Value
End Date	Feb 10, 2018	Feb 12, 2018
Description	Six months to 3 years in prison ; fine 120- 1000 dirhams. the same as morocco. Follows Morroco's laws because it doesn't have a government. Also morocco controls a vast portion of the territory.	Six months to 3 years in prison and or fine 120- 1000 dirhams under Article 489 of Morrocon Criminal Code. Follows Morroco's laws because it doesn't have a government. Also morocco controls a vast portion of the territory. According to the 2018 World Report.
Description	Show Difference Six months to 3 years in prison ; fine 120- 1000 dirhams. the same as morocco. Follows Morroco's laws because it doesn't have a government. Also morocco controls a vast portion of the territory. and or fine 120- 1000 dirhams under Article 489 of Morrocon Criminal Code. Follows Morroco's laws because it doesn't have a government. Also morocco controls a vast portion of the territory. According to the 2018 World Report.
Sources	https://lgbt-rights-hrw.silk.co/	https://www.hrw.org/sites/default/files/world_report_download/201801world_report_web.pdf
Sources	Show Difference https://lgbt-rights-hrw.silk.co/ https://www.hrw.org/sites/default/files/world_report_download/201801world_report_web.pdf

Feb 10, 2018

edited by Ausyk

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	Old Value	New Value
End Date	Jan 29, 2018	Feb 10, 2018

Jan 29, 2018

edited by Ausyk

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	Old Value	New Value
End Date	Nov 16, 2017	Jan 29, 2018
Description	Six months to 3 years in prison ; fine 120- 1000 dirhams. the same as morocco. Follows Morroco's laws because it doesn't have a government.	Six months to 3 years in prison ; fine 120- 1000 dirhams. the same as morocco. Follows Morroco's laws because it doesn't have a government. Also morocco controls a vast portion of the territory.
Description	Show Difference Six months to 3 years in prison ; fine 120- 1000 dirhams. the same as morocco. Follows Morroco's laws because it doesn't have a government. Also morocco controls a vast portion of the territory.

Nov 16, 2017

edited by Ausyk

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	Old Value	New Value
Sources	No	https://lgbt-rights-hrw.silk.co/

Nov 16, 2017

edited by Ausyk

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	Old Value	New Value
Description	Six months to 3 years in prison. the same as morocco. Follows Morroco's laws because it doesn't have a government.	Six months to 3 years in prison ; fine 120- 1000 dirhams. the same as morocco. Follows Morroco's laws because it doesn't have a government.
Description	Show Difference Six months to 3 years in prison. the same as morocco. Follows Morroco's laws because it doesn't have a government. prison ; fine 120- 1000 dirhams. the same as morocco. Follows Morroco's laws because it doesn't have a government.

Nov 16, 2017

edited by Ausyk

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	Old Value	New Value
End Date	Sep 20, 2017	Nov 16, 2017
Description	Up to 3 years in prison. the same as morocco. Follows Morroco's laws because it doesn't have a government.	Six months to 3 years in prison. the same as morocco. Follows Morroco's laws because it doesn't have a government.
Description	Show Difference Up to 3 years in prison. the same as morocco. Follows Morroco's laws because it doesn't have a government. Six months to 3 years in prison. the same as morocco. Follows Morroco's laws because it doesn't have a government.

Nov 14, 2017

edited by Ausyk

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	Old Value	New Value
Description	Up to 3 years in prison. the same as morocco.	Up to 3 years in prison. the same as morocco. Follows Morroco's laws because it doesn't have a government.
Description	Show Difference Up to 3 years in prison. the same as morocco. Follows Morroco's laws because it doesn't have a government.

Sep 20, 2017

edited by Ausyk

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	Old Value	New Value
End Date	Aug 10, 2017	Sep 20, 2017
Description	Only illegal in northern part of the province. Punishment of 3 years in prison.	Up to 3 years in prison. the same as morocco.
Description	Show Difference Only illegal in northern part of the province. Punishment of 3 years in prison. Up to 3 years in prison. the same as morocco.

Aug 10, 2017

edited by Ausyk

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	Old Value (Original)	New Value
End Date	Mar 6, 2017	Aug 10, 2017
Description	only illegal in northern part of the province.	Only illegal in northern part of the province. Punishment of 3 years in prison.
Description	Show Difference only illegal in northern part of the province. Only illegal in northern part of the province. Punishment of 3 years in prison.

Mar 6, 2017

created by Ausyk

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	Original entry
Status	Illegal (imprisonment as punishment)
Start Date	Nov 15, 1975
End Date	Mar 6, 2017
Description	only illegal in northern part of the province.
Sources	No