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Public Opinion

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History

Homosexual activity in Upper Nile

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Homosexual activity in Upper Nile is illegal (imprisonment as punishment).

Current status
Since May 22, 2008
Illegal (imprisonment as punishment)
While an autonomous region of Sudan, South Sudan passed The Penal Code Act, 2008. It removed the death penalty as a punishment for homosexual sex. However, homosexuality is still a crime punishable by imprisonment and possibly a fine.

Article 248 punishes "carnal intercourse against the order of nature" with up to 10 years imprisonment and the possibility of being liable to a fine.
Details
Sources:
www.wipo.int/wipolex/en/leg…
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Jan 31, 1991–May 21, 2008
Illegal (death penalty as punishment)
In 1991, South Sudan was part of Sudan which had punished homosexuality with the death penalty.
Details
Sources:
www.refworld.org/docid/5a84…
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1899–Jan 30, 1991
Legal
While South Sudan was a part of Sudan when it was a colony, the Sudanese Penal Code of 1899 was passed. It criminalized “carnal intercourse against the order of nature” that wasn't consensual. South 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 Upper Nile

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Same-sex marriage in Upper Nile is banned.

Current status
Since Jul 8, 2011
Banned
As homosexuality is a punishable offense, same sex marriage is also not legal
Details
Sources:
www.gurtong.net/LinkClick.a…
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Censorship of LGBT issues in Upper Nile

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Censorship of LGBT issues in Upper Nile is imprisonment as punishment.

Current status
Since Feb 10, 2009
Imprisonment as punishment
Discussions surrounding LGBTIQ+ topics are heavily restricted and subjected to harassment and violence by both state and non-state actors in South Sudan.

Additionally, the 2008 Penal Code criminalises “any male person who dresses or is attired in the fashion of a woman” in public with three months in prison under Section 379, effectively criminalising the gender expression of trans women and cross dressers.
Details
Sources:
www.state.gov/reports/2023-…
www.warnathgroup.com/wp-con…
www.humandignitytrust.org/c…
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Right to change legal gender in Upper Nile

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Right to change legal gender in Upper Nile is illegal.

Current status
Illegal
Legally no way to change gender and crossdressing is illegal.
Details
Sources:
2009-2017.state.gov/j/drl/r…
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Gender-affirming care in Upper Nile

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Gender-affirming care in Upper Nile 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 Upper Nile

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Legal recognition of non-binary gender in Upper Nile is not legally recognized.

Current status
Not legally recognized
Not legally recognized.
Details
Sources:
cdn.sida.se/app/uploads/202…
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LGBT discrimination in Upper Nile

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LGBT discrimination in Upper Nile is no protections.

Current status
No protections
In South 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 Upper Nile

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LGBT employment discrimination in Upper Nile is no protections.

Current status
No protections
In South 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 Upper Nile

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LGBT housing discrimination in Upper Nile is no protections.

Current status
No protections
In South 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 Upper Nile

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Same-sex adoption in Upper Nile is unknown.

Current status
Unknown

Intersex infant surgery in Upper Nile

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Intersex infant surgery in Upper Nile is not banned.

Current status
Not banned
There is no ban on surgeries performed on intersex infants in South Sudan.
Details
Sources:
database.ilga.org/south-sud…
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Serving openly in military in Upper Nile

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Serving openly in military in Upper Nile is illegal.

Current status
Since Jul 9, 2011
Illegal
No protection granted as homosexuality is illegal
Details
Sources:
www.gurtong.net/LinkClick.a…
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Blood donations by MSMs in Upper Nile

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Blood donations by MSMs in Upper Nile is legal.

Current status
Since Jul 2014
Legal
In 2014, South Sudan's Blood Transfusion Services began using the WHO’s generic guidelines. The WHO's generic guidelines do not mention MSM blood donors.
Details
Sources:
www.afro.who.int/news/who-s…
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Conversion therapy in Upper Nile

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Conversion therapy in Upper Nile is not banned.

Current status
Not banned
Conversion therapy is legal in South Sudan.
Details
Sources:
www.reuters.com/article/us-…
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Equal age of consent in Upper Nile

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Equal age of consent in Upper Nile is n/a.

Current status
N/A
Homosexuality is currently illegal.
Details
Sources:
(See sources listed for homosexual activity.)
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Equality Index ?
7 / 100
Legal Rights
7 / 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 Upper Nile to help improve its accuracy.
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