LGBT Rights in An Nil
State

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History

Homosexual activity in An Nil

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Homosexual activity in An Nil 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.
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.
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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.
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Same-sex marriage in An Nil

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Same-sex marriage in An Nil is unrecognized.

Current status
Unrecognized
Sudan does not provide any legal recognition to same-sex couples. However, it also does not explicitly define marriage as between a man and a woman for all citizens.

The Muslim Personal Law Act of 1991, which applies to Sudanese Muslims, defines marriage in heterosexual terms. However, there is no law explicitly defining marriage as between a man and a woman for Christian citizens or for any other religion.

Censorship of LGBT issues in An Nil

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Censorship of LGBT issues in An Nil is state-enforced.

Current status
Since Feb 20, 1991
State-enforced
Sudan’s 1991 Penal Code criminalizes materials and expositions deemed ‘contrary to public morals,’ a provision frequently used to target LGBTIQ+ topics. The 2020 legal amendments did not remove this provision.

Right to change legal gender in An Nil

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Right to change legal gender in An Nil is illegal.

Current status
Illegal
Transgender people are not able to change their legal gender.
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Gender-affirming care in An Nil

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Gender-affirming care in An Nil is restricted.

Current status
Restricted
In Sudan, while there are no laws restricting the accessibility of gender-affirming care, providers of healthcare often choose to refrain from providing such services to transgender and intersex individuals due to a fear of legal repercussions.
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Legal recognition of non-binary gender in An Nil

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Legal recognition of non-binary gender in An Nil is not legally recognized.

Current status
Not legally recognized
Sudan does not legally recognize a third gender.
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LGBT discrimination in An Nil

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LGBT discrimination in An Nil is no protections.

Current status
No protections
In Sudan, neither sexual orientation nor gender identity is a protected class from discrimination.
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LGBT employment discrimination in An Nil

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LGBT employment discrimination in An Nil is no protections.

Current status
No protections
In Sudan, neither sexual orientation nor gender identity is a protected class from employment discrimination.
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LGBT housing discrimination in An Nil

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LGBT housing discrimination in An Nil is no protections.

Current status
No protections
In Sudan, neither sexual orientation nor gender identity is a protected class from housing discrimination.
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Same-sex adoption in An Nil

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Same-sex adoption in An Nil is n/a.

Current status
N/A
In Sudan, adoption, as understood in many Western contexts, is prohibited for everyone.
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Intersex infant surgery in An Nil

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Intersex infant surgery in An Nil is not banned.

Current status
Not banned
There is no ban on “normalization” surgeries performed on intersex infants in Sudan.
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Serving openly in military in An Nil

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Serving openly in military in An Nil is don't ask, don't tell.

Current status
Don't Ask, Don't Tell
Sudan does not have any laws that explicitly prohibit LGBTQ individuals from serving in the military. However, due to the country’s criminalization of homosexuality and cross-dressing, serving openly is not possible.

Blood donations by MSMs in An Nil

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Blood donations by MSMs in An Nil is unknown.

Current status
Unknown

Conversion therapy in An Nil

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Conversion therapy in An Nil is not banned.

Current status
Not banned
Sudan does not ban conversion therapies that aim to change a person’s sexual orientation or gender identity.
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Equal age of consent in An Nil

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Equal age of consent in An Nil is n/a.

Current status
N/A
Age of consent is not applicable because homosexuality is illegal in Sudan.
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