Côte d'Ivoire: Treatment of sexual minorities by society and the authorities, including legislation; state protection and support services (2006-February 2014)

1. Legal Status

According to sources, homosexuality as such is not criminalized in Côte d'Ivoire (US 19 Apr. 2013, 24; Canadian HIV/AIDS Legal Network June 2010, 15; Gay Afrique n.d.). However, two of these sources state that public indecency with a same-sex partner is illegal (US 19 Apr. 2013, 24; Canadian HIV/AIDS Legal Network June 2010, 15).

Article 360 of the Penal Code states the following:

[translation]

Any person who commits public indecency is liable to imprisonment for a term of three months to two years and a fine of 50,000 [approximately CAD$116 (XE 24 Feb. 2014)] to 500,000 [Ivorian] francs (Côte d'Ivoire 1981).

However, the provision adds that

[translation]

[i]f the public indecency is an indecent act or an act against nature with an individual of the same gender, the term of imprisonment will be six months to two years and the fine shall be 50,000 to 300,000 francs (ibid.).

An article on the situation of men who have sexual relations with men in countries in Francophone Africa published by the Canadian HIV/AIDS Legal Network in HIV/AIDS Policy & Law Review, a journal that [Canadian HIV/AIDS Legal Network English version] "provides analysis and summaries of current developments in HIV/AIDS-related policy and law" (Canadian HIV/AIDS Legal Network n.d.), also states that while some provisions of the Code prohibit "public indecency," Article 358 of the Penal Code "specifically punish[es] indecent acts involving a minor of the same gender as the perpetrator" (Canadian HIV/AIDS Legal Network June 2010, 14). The authors state that [Canadian HIV/AIDS Legal Network English version] "[a]lthough there is no formal prohibition of homosexuality in Côte d'Ivoire, the fact that certain provisions [of the Penal Code] refer to homosexuality could cause law enforcement to apply them in a way they do not specifically contemplate" (ibid.).

2. Treatment of Sexual Minorities by Society

In correspondence sent to the Research Directorate, the Executive Director of Alternative Côte d'Ivoire, an NGO dedicated to promoting the rights of sexual minorities and their access to health care (Front Line Defenders 24 Jan. 2014; AMSHER n.d.) states the following:

[translation]

Although Côte d'Ivoire is one of the few African countries where homosexuality is not criminalized, homophobia is no less present. ... Except for in certain social settings frequented by homosexual individuals, members of sexual minorities must conceal their sexual orientation in order to avoid injuries, humiliation, discrimination and violence. Asserting one's homosexuality could result in familial rejection and the loss of support networks. (Alternative Côte d'Ivoire 21 Feb. 2014)

In correspondence with the Research Directorate, a representative of the Ivorian Human Rights League (Ligue ivoirienne des droits de l'homme, LIDHO), an NGO dedicated to promoting and defending human rights in Côte d'Ivoire, stated that [translation] "the issue of sexual minorities remains a taboo subject in Côte d'Ivoire," adding that "people have difficulty admitting that they exist" (LIDHO 21 Feb. 2014).

The Executive Director of Alternative Côte d'Ivoire stated that sexual minorities in Côte d'Ivoire are subject to discrimination (Alternative Côte d'Ivoire 21 Feb. 2014). US Department of State's Country Reports on Human Rights Practices for 2012 similarly reports that societal discrimination towards sexual minorities is "a problem" (US 19 Apr. 2013, 1-2) and that societal stigmatization of the members of this minority is "widespread" (ibid., 24). The LIDHO representative also stated that [translation] "stigmatization and humiliating and/or degrading treatment are realities that sexual minorities face in Côte d'Ivoire" (LIDHO 21 Feb. 2014). According to the Executive Director, some people are refused health care by reason of their sexual orientation (Alternative Côte d'Ivoire 21 Feb. 2014). For example, he stated that doctors working in a university medical centre refused to provide care to a transgender individual who was the victim of an assault (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2.1 Geographic Variations

The Executive Director of Alternative Côte d'Ivoire stated that acceptance of sexual minorities [translation] "is greater in urban areas because of the level of education; in contrast, in rural areas, there is a considerable traditional and religious influence, as well as a high rate of illiteracy (Alternative Côte d'Ivoire 21 Feb. 2014). Similarly, the LIDHO representative stated that [translation] "sexual minorities are more accepted in urban areas than in rural areas" (LIDHO 21 Feb. 2014).

According to the Gay Afrique website, which deals with homosexuality in Francophone Africa, it is [translation] "possible to live as a homosexual in Abidjan ... even if it remains a taboo subject in other Ivorian cities" (Gay Afrique n.d.). However, the LIDHO representative stated:

[translation]

Geographically, treatment of sexual minorities is the same across the country. They are stigmatized, sometimes assaulted and even subjected to stone-throwing, particularly in the areas of Abobo, Adjamé and Yopougon in Abidjan (LIDHO 21 Feb. 2014).

Similarly, the Executive Director added [translation] "that currently, people in the LGBTI community are rejected and tracked down across the country, more specifically in the city of Abidjan, because of their larger visibility" (Alternative Côte d'Ivoire 21 Feb. 2014).

2.2 Incidents of Violence

According to the Executive Director of Alternative Côte d'Ivoire, violence against sexual minorities occurs [translation] "frequently" (ibid.). According to the LIDHO representative, sexual minorities can be [translation] "subject to jeers, stone-throwing, insults and teasing. They are sometimes treated as cursed" (LIDHO 21 Feb. 2014). According to the Executive Director, there have also been cases of [translation] "lynching" of homosexual individuals in the street (Alternative Côte d'Ivoire 21 Feb. 2014). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. However, the Executive Director pointed out that there is no reliable data on cases of ill-treatment of sexual minorities because they [translation] "have difficulty speaking about it" (ibid.).

2.2.1 Incidents Targeting the NGO Alternative Côte d'Ivoire

According to sources, in January 2014, the headquarters of Alternative Côte d'Ivoire and the home of its executive director were targeted by a series of attacks by a mob of people (Jeune Afrique 6 Feb. 2014; AI 29 Jan. 2014; Front Line Defenders 24 Jan. 2014). According to Front Line Defenders, an Irish organization whose objective is to protect human rights defenders at risk (Front Line Defenders n.d.), on 20 January 2014, an [translation] "angry mob" went to the home of the director and started to "chant homophobic slogans, insult the residents of the home and utter death threats against them" (ibid.). According to Amnesty International (AI), a member of the security forces was among the people who attacked the director's home (AI 29 Jan. 2014). Attacks, including stone-throwing, also occurred against the headquarters of the NGO in the next few days (Jeune Afrique 6 Feb. 2014; AI 29 Jan. 2014; Front Line Defenders 24 Jan. 2014). According to sources, on 25 January, the headquarters of the NGO was vandalized and ransacked, and the security officer there was injured (AFP 3 Feb. 2014; AI 29 Jan. 2014). Sources note that some people working for the NGO had to go into hiding because of these attacks (AI 29 Jan. 2014; Front Line Defenders 24 Jan. 2014).

According to Front Line Defenders, the mob that besieged the residence of the director dispersed after the police arrived (ibid.). According to Amnesty International, the police declared that they had [AI English version] "more important work to do" when contacted during the 25 January attack (AI 29 Jan. 2014). However, the LIDHO representative stated that [translation] "homosexual individuals were protected by the Ivorian police" during one of these incidents and that "the authorities demonstrated their willingness" to protect them (LIDHO 21 Feb. 2014). According to Agence France-Presse (AFP), on 3 February, police officers protected the Alternative Côte d'Ivoire offices while a police investigation was conducted inside (AFP 3 Feb. 2014).

According to a 2011 article published by Behind the Mask (BTM), a website that covers news regarding sexual minorities in Africa (OSISA n.d.), the Executive Director of Alternative Côte d'Ivoire stated that he could not imagine that a gay pride demonstration could happen in the near future in Abidjan because of the incidents against sexual minorities in the country (BTM 27 Sept. 2011). In particular, the article states that the public was "violently" opposed to a demonstration organized by activists against a doctor who refused to treat a patient because of his sexual orientation (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3. Treatment of Sexual Minorities by Authorities

According to Country Reports 2012, the state does not discriminate based on sexual orientation in employment, statelessness, housing, or access to education or health care (US 19 Apr. 2013, 24). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Country Reports 2012 states that sexual minorities, particularly gays, are beaten, imprisoned, verbally abused, extorted, and humiliated by police, gendarmes and members of the armed forces (ibid.). The Executive Director also states that his organization has seen [translation] "cases of arbitrary arrest and police abuse" as well as "violations of judicial procedures" in disputes between a homosexual individual and a heterosexual individual (Alternative Côte d'Ivoire 21 Feb. 2014).

According to the Executive Director,

[translation]

[s]exual minorities may turn to the police, but victims do not file complaints out of fear of being stigmatized and discriminated against .... The judicial system is effective at punishing those who commit crimes against sexual minorities and at protecting their rights, but this is not implemented because in crimes [against a homosexual individual], the dispute is settled based on the sexual orientation. Sometimes, the police even discourage victims from going to the appropriate authorities (ibid.).

4. Support Services

According to Country Reports for 2012, there are few support organizations for sexual minorities in Côte d'Ivoire, but those that do exist "operated freely, but with caution" (US 19 Apr. 2013, 24). According to the LIDHO representative, [translation] "an NGO that defends sexual minorities is generally [accused] of promoting immorality in the country" (LIDHO 21 Feb. 2014). According to the representative of Alternative Côte d'Ivoire, no organization [translation] "officially" offers services (ibid.).

According to the Executive Director,

[translation]

aside from NGOs ... of which there are three working to protect the rights of sexual minorities, no organization wants to be associated with sexual minorities (Alternative Côte d'Ivoire 21 Feb. 2014).

According to sources, Alternative Côte d'Ivoire defends the rights of sexual minorities and advocates to improve their access to health services (Front Line Defenders 24 Jan. 2014; AMSHER n.d.). According to AI, the NGO is "officially registered" and works "closely with the Ministry of Health" (29 Feb. 2014). However, according to the LIDHO representative, other civil society organizations [translation] "have difficulty admitting collaboration" with Alternative Côte d'Ivoire (LIDHO 21 Feb. 2014).

Arc-en-Ciel Plus (AEC+), established in 2003 and headquartered in Abidjan, is also an NGO that fights homophobia as well as sexually transmitted diseases that affect sexual minorities (AMSHER n.d.; AEC+ n.d.). Lesbian Life Association Côte d'Ivoire (LLACI) is an association that fights for the rights of lesbians and bisexual women; it was created in 2009 and is located in Abidjan (LLACI n.d.). The offices of the LLACI also serve as a [translation] "shelter for homeless lesbians who have been rejected by their family because of their sexual orientation" (ibid.).

According to the Executive Director, aside from the three NGOs who are dedicated to sexual minorities, there is no government or non-government institution that provides services to sexual minorities (Alternative Côte d'Ivoire 21 Feb. 2014). The LIDHO representative stated however that his organization [translation] "provides legal assistance to sexual minorities. The organization provides them with assistance and advice when their rights are violated" (LIDHO 21 Feb. 2014).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

African Men for Sexual Health and Rights (AMSHER). N.d. "West Africa." [Accessed 24 Feb. 2014]

Agence France-Presse (AFP). 3 February 2014. "Côte d'Ivoire : une ONG défendant les homosexuels attaquée à Abidjan, son siège protégé par la police." [Accessed 14 Feb. 2014]

Alternative Côte d'Ivoire. 21 February 2014. Correspondence from the Executive Director to the Research Directorate.

Amnesty International (AI). 29 January 2014. "Côte d'Ivoire : des militants en fuite après une vague d'attaques homophobes." [Accessed 14 Feb. 2014]

Arc-en-Ciel Plus (AEC+). N.d. "Présentation de ONG Arc en Ciel Plus (AEC+)." [Accessed 24 Feb. 2014]

Behind the Mask (BTM). 27 September 2011. Joseph Sewedo Akoro. "Ivory Coast LGBT Rights Activist Dreams of Gay Pride." [Accessed 24 Feb. 2014]

Canadian HIV/AIDS Legal Network. June 2010. Alain Legrand, Yves Bomb, Michel Bourrelly and Nicolas Lorente, edited byAlice NKom. "Droit des HRSH en Afrique francophone et lutte contre le sida : l'hypocrisie de certains États." HIV/AIDS Policy & Law Revie. Vol. 14, No. 3. [Accessed 14 Feb. 2014]

_____. N.d. "Revue VIH/sida, droit et politiques." [Accessed 27 Feb. 2014]

Côte d'Ivoire. 1981 (amended 1995). Code pénal. [Accessed 14 Feb. 2014]

Front Line Defenders. 24 January 2014. "Côte d'Ivoire : Menaces de mort et attaques contre le défenseur des droits LGBTI M. Claver Touré et Alternative-Côte d'Ivoire." [Accessed 24 Feb. 2014]

_____. N.d. "A propos de Front Line Defenders." [Accessed 24 Feb. 2014]

Gay Afrique. N.d. "Comdamnation des homosexuels en Afrique." [Accessed 14 Feb. 2014]

Jeune Afrique. 6 February 2014. Emeline Wuilbercq. "Côte d'Ivoire : les locaux d'une ONG défendant les droits des homosexuels saccagés." [Accessed 14 Feb. 2014]

Lesbian Life Association Côte d'Ivoire (LLACI ). N.d. "Accueil." [Accessed 14 Feb. 2014]

Ligue ivoirienne des droits de l'homme (LIDHO). Correspondence from a representative to the Research Directorate.

Open Society Initiative for Southern Africa (OSISA) N.d. "Behind the Mask (BtM)." [Accessed 24 Feb. 2014]

United States (US). 19 April 2013. "Côte d'Ivoire." Country Reports on Human Rights Practices for 2012. [Accessed 14 Feb. 2014]

XE. 24 February 2014. "Convertisseur de devises XE." [Accessed 24 Feb. 2014]

Additional Sources Consulted

Oral sources: Attempts to contact the following organizations were unsuccessful: Arc-en-Ciel Plus; Lesbian Life Association Côte d'Ivoire; Mouvement.

Internet sites, including: AfriScoop; Agence africaine de presse; AllAfrica; AlMaghrib Institute; AWID; Le Banco; ecoi.net; ekodafrik.net; Erasing 76 Crimes; Federation for Human Rights; France - Cour nationale du droit d'asile; Freedom House; Al Huffington Post Maghreb; Human Rights Watch; Imatin.net; International Gay & Lesbian Human Rights Commission; Ivoirescoop.net; IvoirTV.net; Mboaconnect; Le Mentor; Le Monde; Slate Afrique; Stop Homophobie; Têtu; United Nations - Refworld.