Same-sex sexual acts have been illegalised in the Gambia since 1888, based on laws introduced during the colonial era.

The Criminal Code (Amendment) Act 2005 (Amendment of section 144 and 147) modified the law to apply not just to male same-sex relationships, but to explicitly criminalise female same-sex relationships as well. 

The 2014 Amendment of the Criminal Code of the Gambia introduced the punishment of so-called ‘Aggravated Homosexuality’ with up to life imprisonment. The amendment inserts Section 3 of Uganda’s Anti-Homosexuality Act (meanwhile overturned by Uganda’s Constitutional Court on procedural grounds) into Section 144A of the Gambian Criminal Code. The law was approved by legislators in the Gambia in August and signed into law by President Yahya Jammeh in October 2014 (the Guardian, Nov 2014).

The Criminal Code of The Gambia (Amendment) 2014 states:

Article 144: Unnatural offences

(1) Any person who—
a) has carnal knowledge of any person against the order of nature; or
b) has carnal knowledge of an animal; or
c) permits any person to have carnal knowledge of him or her against the order of nature;
is guilty of a felony, and is liable to imprisonment for a term of 14 years.

(2) In this section, ‘carnal knowledge of any person against the order of nature’ includes –
a) carnal knowledge of the person through the anus or mouth of the person;
b) inserting any object or thing into the vulva or anus of the person for the purpose of simulating sex, and
c) committing any other homosexual act with the person.

Article 144A: Aggravated homosexuality

(1) A person commits the offence of aggravated homosexuality where the –
a) person against whom the offence is committed is below the age of eighteen;
b) offender is a person living with HIV Aids;
c) offender is a parent or guardian of the person against whom the offence is committed;
d) offender is a person in authority over the person against whom the offence is committed;
e) victim of the offence is a person with disability;
f) offender is a serial offender; or
g) offender applies, administers or causes to be administered by any man or woman, any drug, matter or substance with intent to stupefy or overpower him or her, so as to enable any person to have un-lawful carnal connection with any person of the same sex.

(2) A person who commits the offence of aggravated homosexuality is liable on conviction to imprisonment for life.

Article 147: Indecent practices between males

(1) Any male person who, whether in public or private, commits any act of gross indecency with another male person, or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male person, whether in public or private, is guilty of a felony and is liable to imprisonment for five years.
(2) Any female person who, whether in public or private, commits any act of gross indecency with another female person, or procures another female person to commit any act of gross indecency with her, or attempts to procure the commission of any such act by any female person with herself or with another female person, whether in public or private, is guilty of a felony and is liable to imprisonment for five years.
(3) In this section, ‘act of gross indecency’ includes any homosexual act.

The Gambia is a signatory to a number of International Conventions: The International Covenant on Economic, Social and Cultural Rights (ratified 29 December 1978), the International Covenant on Civil and Political Rights (ratified 22 March 1979), the Optional Protocol to the International Covenant on Civil and Political Rights (ratified 9 June 1988), the Convention on the Elimination of All Forms of Discrimination against Women (signed 29 July 1980; ratified 16 April 1993), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (signed 23 October 1985; ratified April 2006), as well as the African Charter On Human And Peoples’ Rights (ratified 8 June 1983), as listed by LGBTnet.

The Gambian Criminal Code in its current form violates international human rights law as well as the Gambian Constitution.

Moreover, as emphasised by Human Rights Watch, ‘homosexuality’ and ‘homosexual acts’ are not clearly defined in the law, making arbitrary and broad abuse of the law for the intimidation and arrest of persons perceived to be LGBTI more likely.

According to LGBTnet, LGBT persons are unable to legally adopt children. LGBT persons are also excluded from service in the armed forces. 

There are no anti-discrimination laws protecting the LGBTI community from harassment and unequal treatment. The existing anti-discrimination provisions do not apply to LGBTI persons (UK Foreign and Commonwealth Office).

Although the Gambian constitution provides for freedom of expression and association, and although there is no law explicitly preventing advocacy in the area of LGBTI rights, LGBTI advocates do not promote LGBTI rights due to fear of serious repercussions, including arrest.

In April 2012, prosecutors increased the charges against 20 people against whom there were allegations of cross-dressing during an ‘indecent’ dance ceremony for tourists. They are being charged with the felony offense of ‘unnatural offenses.’ Previously the charges had been simply ‘indecent practices’ and the bail had been set for around $3,500 each (News24). In December 2014, the first three men were charged under the new Criminal Law for violating the ‘aggravated homosexuality’ provision (UK Foreign and Commonwealth Office).