Western Sahara LGBT Laws

(80% controlled by Morocco)

Homosexuality, Sodomy Legislation/Cases/References
1. National

Being 80% controlled by Morocco, Moroccan law is thought to apply.

In May 2008, it was reported that Article 489 of the Moroccan Penal Code of November 26, 1962, provided –

Any person who commits lewd or unnatural acts with an individual of the same sex shall be punished with a term of imprisonment of between six months and three years and a fine of 120 to 1,000 dirhams, unless the facts of the case constitute aggravating circumstances [R1.2].

In November 2006, it was reported that homosexual acts with or on minors are taken into consideration as aggravating circumstances [R1.2].

In August 1999, a report affirmed that a penalty of between six months’ and three years’ imprisonment and additional fines can be imposed for “lewd or unnatural acts with an individual of the same sex” [R1.1].

R1.3 ILGA: State-Sponsored Homophobia PDF 382.87kb, May 2008
R1.2 German Bundestag: Criminal law provisions on homosexuality and their application around the world 28 NOV 06 at page 25
R1.1 Inter Press Service: Gay Staffers Seek Equal Treatment 16 AUG 99
Bnews: “Morocco Jails UK Man” 07 OCT 04