Western Equatoria is governed by federal South Sudan law. Learn more
- Homosexuality
- ⚢✖ Illegal (imprisonment as punishment)
- Gay Marriage
- ⚭✖ Banned
- Censorship
- ✖ Imprisonment as punishment
- Changing Gender
- ✖ Illegal
- Gender-Affirming Care
- ✖ Restricted
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- ✖ Illegal in some contexts
- Employment Discrimination
- ✖ No protections
- Housing Discrimination
- ✖ No protections
- Adoption
- Unknown
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✖ Illegal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- N/A
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Public Opinion
Western Equatoria is lacking public opinion data.
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Homosexual activity in Western Equatoria 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.
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.
Illegal (death penalty as punishment)
In 1991, South Sudan was part of Sudan which had punished homosexuality with the death penalty.
Same-sex marriage in Western Equatoria is banned.
Current status
Since Jul 8, 2011
Banned
As homosexuality is a punishable offense, same sex marriage is also not legal
Censorship of LGBT issues in Western Equatoria 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.
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.
Right to change legal gender in Western Equatoria is illegal.
Current status
Illegal
Legally no way to change gender and crossdressing is illegal.
Legal recognition of non-binary gender in Western Equatoria is not legally recognized.
Current status
Not legally recognized
Not legally recognized.
LGBT discrimination in Western Equatoria is illegal in some contexts.
Current status
Since 2020
Illegal in some contexts
Some official documents issued by the government protect sexual orientation and/or gender identity from discrimination, harassment and hate speech.
-Unified Human Resource Policy Manual (2020) issued by the Ministry of Petroleum.
-National Occupational Safety and Health Policy (2022) issued by the Ministry of Labour.
-Inclusive Education Strategy South Sudan (2022) issued by the Ministry of General Education and Instruction.
-Regulation 3/2024 on Election Campaign issued by the National election Commission bans hate speech based on sexual orientation.
-Sexual and Gender Based Violence Prevention and Response Action Plan (2024) issued by the Ministry of Agriculture and Food Security.
Labor Management Procedures 2025 (LMP) implemented by the Ministry of Transport (MoT) and Ministry of Roads and Bridges (MRB)
-Unified Human Resource Policy Manual (2020) issued by the Ministry of Petroleum.
-National Occupational Safety and Health Policy (2022) issued by the Ministry of Labour.
-Inclusive Education Strategy South Sudan (2022) issued by the Ministry of General Education and Instruction.
-Regulation 3/2024 on Election Campaign issued by the National election Commission bans hate speech based on sexual orientation.
-Sexual and Gender Based Violence Prevention and Response Action Plan (2024) issued by the Ministry of Agriculture and Food Security.
Labor Management Procedures 2025 (LMP) implemented by the Ministry of Transport (MoT) and Ministry of Roads and Bridges (MRB)
LGBT employment discrimination in Western Equatoria is no protections.
Current status
No protections
In South Sudan, neither sexual orientation nor gender identity is a protected class from employment discrimination.
LGBT housing discrimination in Western Equatoria is no protections.
Current status
No protections
In South Sudan, neither sexual orientation nor gender identity is a protected class from housing discrimination.
Same-sex adoption in Western Equatoria is unknown.
Current status
Unknown
Intersex infant surgery in Western Equatoria is not banned.
Current status
Not banned
There is no ban on surgeries performed on intersex infants in South Sudan.
Serving openly in military in Western Equatoria is illegal.
Current status
Since Jul 9, 2011
Illegal
No protection granted as homosexuality is illegal
Conversion therapy in Western Equatoria is not banned.
Current status
Not banned
Conversion therapy is legal in South Sudan.
Equal age of consent in Western Equatoria is n/a.
Current status
N/A
Homosexuality is currently illegal.
Legal Rights
9 / 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 Western Equatoria to help improve its accuracy.
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Western Equatoria LGBT Organizations
There are no organizations listed in Western Equatoria. Suggest one