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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 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.
Details
Sources:
www.stackcache.io/africa/su…
link.springer.com/chapter/1…
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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 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.
Details
Sources:
database.ilga.org/api/downl…
www.loc.gov/item/global-leg…
www.state.gov/reports/2023-…
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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
Transgender people are not able to change their legal gender.
Details
Sources:
www.state.gov/reports/2023-…
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Gender-affirming care in Shamal Darfur

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Gender-affirming care in Shamal Darfur 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.
Details
Sources:
cairo52.com/countries/Sudan/
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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
Sudan does not legally recognize a third gender.
Details
Sources:
www.state.gov/reports/2023-…
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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 n/a.

Current status
N/A
In Sudan, adoption, as understood in many Western contexts, is prohibited for everyone.
Details
Sources:
generisonline.com/understan…
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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 “normalization” 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 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.
Details
Sources:
wri-irg.org/en/programmes/w…
www.humandignitytrust.org/c…
cairo52.com/countries/Sudan/
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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
Sudan does not ban conversion therapies that aim to change a person’s sexual orientation or gender identity.
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 ?
14 / 100
Legal Rights
10 / 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:
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  • Is homosexuality legal in Shamal Darfur?
  • Is gay marriage legal in Shamal Darfur?
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