In July 2023, Mali adopted a new Constitution (only available in French) in July 2023 which explicitly prohibits same-sex marriage. It strictly defines marriage as a union between a man and a woman. Chapter 1 of Article 9 states: “Marriage and the family, which constitute the natural foundation of life in society, are protected and promoted by the State. Marriage is the union between a man and a woman” (unofficial translation). Under the previous Constitution of 1992, there was no explicit constitutional definition of marriage, nor any express prohibition of same-sex marriage. The issue was therefore not constitutionally regulated, and marriage was governed by ordinary legislation, which in practice limited marriage to opposite-sex couples.

Article 522 of Family law enacted on 30 December 2011 (Code des Personnes et de la Famille, available in French) forbids same-sex couples from adopting children. It states:  “Under no circumstances is a homosexual allowed to adopt a child, under any regime whatsoever.” (unofficial translation).

Mali did not criminalise same-sex sexual acts when it gained independence from France in 1960. Criminalisation was initiated by the military government, in power since 2021, and was codified by law in October 2024, when the National Transitional Council approved a new penal code (only available in French). This new legislation prohibits same-sex relations in its Title II Offenses against the human person and gender, Chapter 5 offenses against public morals (unofficial translation). Article 325-1 states that “any sexual act against nature committed publicly with an individual of the same sex also constitutes a public indecency. Public and intentional indecent acts are punishable by imprisonment for two years and a fine of 200,000 francs” and Article 325-2 states that “any sexual act against nature committed with an individual of the same sex also constitutes an assault on decency (…) and is punishable by imprisonment for seven years and a fine of 500,000 francs.”

After the Transitional National Council meeting, Justice Minister Mamadou Kassogué reportedly said: “there are provisions in our laws that prohibit homosexuality in Mali (…) Anyone engaging in this practice, promoting or apologising for it, will be prosecuted. We will not accept that our customs and values ​​are violated by people from elsewhere     ” (unofficial translation). The new penal code came into effect in December 2024. 

As developed by Human Rights Watch,while same-sex sexual acts were not expressly prohibited in Mali, vague provisions in the previous penal code – such as Article 225 criminalising “public indecency” – were often used against LGBTQI+ individuals. The amended penal code now goes further, explicitly prohibiting same-sex relations, as well as support or promotion of such acts. 

Article 325-1 states: “Any unnatural sexual act performed publicly with an individual of the same sex also constitutes public indecency. Indecent exposure, committed publicly and intentionally, is punishable by two years’ imprisonment and a fine of 200,000 francs (USD310)” (unofficial translation). 

Article 325-2 states (unofficial translation): 

“Any unnatural sexual act committed with an individual of the same sex also constitutes an indecent assault. Any comment, image, public or private writing, any public or private act, likely to approve, encourage, promote or facilitate the indecent assault … is punishable by seven years’ imprisonment and a fine of 500,000 francs (USD775).”     

The military junta, in power since the 2020 coup d’état, has sought to justify the law as a defence of “traditional and moral values.” However, Human Rights Watch reported in 2024 that the immediate consequence of the law has been an increase in arbitrary arrests and detention, and physical abuses based solely on appearance or gender expression.

The legal framework in Mali does not provide detailed guidance on several issues affecting LGBTQI+ individuals. While the 2024 amended Penal Code explicitly criminalises same-sex sexual acts and any promotion or facilitation of such acts, it does not specify differentiated punishments beyond imprisonment and fines as mentioned in Articles 325-1 and 325-2, nor does it address the age of consent for sexual activity. There is no legislation regarding conversion therapies, military service eligibility, or the donation of blood by LGBTQI+ individuals.

Mali’s legal framework does not entail provisions on the rights of transgender or non-binary people: gender-affirming healthcare, legal change of name or sex, and recognition of non-binary gender identities are not addressed, leaving these individuals without legal protection or recognition. 

Consequently, many practical and legal rights for LGBTQI+ persons remain undefined or unenforced, creating significant vulnerabilities in daily life.

Mali has ratified a number of key international anti-discrimination treaties such as the Convention on the Rights of Persons with Disabilities (CRPD) in 2012, and the Convention on the Rights of the Child (CRC) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) in 1990. However, there are no specific anti-discrimination laws to protect the LGBTQI+ community from harassment and abuse at the national level. As outlined by Human Rights Watch, by explicitly prohibiting same-sex marriage, the new 2023 constitution reinforces ongoing violence and discrimination against the community due to the absence of anti-discrimination laws protecting LGBTQI+ people from harassment or abuse on the basis of sexual orientation or gender identity. 

The new penal code also directly violates Mali’s obligations under international human rights law, including the African Charter on Human and Peoples’ Rights and the African Commission on Human and Peoples’ Right Resolution 275. Resolution 275 explicitly condemns violence and discrimination based on sexual orientation and gender identity. It also violates the International Covenant on Civil and Political Rights (ratified by Mali in 1974) which protects the right to privacy, equality and non-discrimination, and freedom of speech.

For more detailed information on the protection of LGBTQI+ rights in Mali, visit the Mali ILGA World Database.

Mali is signatory to the 1951 Convention Relating to the Status of Refugees, which provides the internationally recognised definition of a refugee and outlines the legal protection, rights, and assistance a refugee is entitled to receive. It is also signatory to the 1967 Protocol Relating to the Status of Refugees, which expands the Convention to apply universally and protect all persons fleeing conflict and persecution and the Kampala Convention on the protection of internally displaced persons. In 2016, it acceded to the 1954 Convention Relating to the Status of Stateless Persons, which establishes a framework for the international protection of stateless persons and the 1961 Convention on the Reduction of Statelessness, which sets rules for the conferral and non-withdrawal of citizenship to prevent cases of statelessness from arising.

At the national level, Mali’s legislation recognises refugees and asylum seekers by aligning with the international definition under the 1951 Convention. Article 2 of Law No. 98-40 of 20 July 1998 (only available in French) defines ”refugees” as any person of 

”foreign nationality or without nationality who, because of his race, religion, membership of a particular social group or political opinion, has a well-founded fear of being persecuted, is in the national territory and is unable or unwilling to avail himself of the protection of the country of his nationality and does not wish to return to it because of that fear.” 

The term ‘refugee’ also applies to any person who, as a result of aggression, external occupation, foreign domination or events seriously disturbing public order in part or all of his country of origin or the country of his nationality, is obliged to leave his habitual residence to seek refuge in another place outside his country of origin or the country of his nationality. Refugees are granted equal access to health, education, and labour market access as Malian citizens under Article 13 of Law No. 98-40 of 20 July 1998 (only available in French).  

However, despite the strong legal protections on paper, such protections are not translated in practice as Mali continues to grapple with one of the worst humanitarian crises due to a combination of armed conflict, political instability and climate crises in the region. Mali hosts a significant number of stateless and internally displaced persons. At the end of 2024, the total number of displaced or stateless persons was reportedly 547,991, with 538,558 being Malian refugees or asylum seekers. Such an influx of refugees is largely driven by armed conflict in the neighbouring Burkina Faso and Niger. It was reported in November 2025 that Mali is hosting more than 150,300 Burkinabe and Nigerien refugees who have fled due to fear, insecurity and attacks from non-state armed groups. The internal and cross-border displacements have resulted in restricted access to basic services for the most marginalised populations as the Malian government and humanitarian groups struggle to address the basic needs of refugees. 

In June 2025, Mali adopted a new legislation which builds on Mali’s accession to the 1954 and 1961 Statelessness Conventions in 2016. The new law defines statelessness and guarantees rights to healthcare and education. It also protects stateless individuals from penalties due to lack of legal documents, prohibits their expulsion (with exceptions) and offers a path to Malian nationality or having Malian nationality confirmed. 

Freedom of expression was guaranteed under Article 4 of the 1992 Constitution, and is guaranteed under Article 14 of the 2023 Constitution. In practice, freedom of expression is constrained, and has been significantly restricted following the military coup in 2021. Amnesty International reported frequent arbitrary arrests and detention and enforced disappearances of those exercising their rights to freedom of expression. 

Authorities have wide powers under national laws to silence dissenting views, intimidate journalists and promote self-censorship. The Law on the Press Regime and Press Offences (Law 00-046 AN RM) condemn the “public dissemination” of “all printed matter, all writings, drawings, posters, engravings, paintings, photographs, films or stereotypes, matrices or photographic reproductions, emblems, all objects or images that do not tie with good morality” (Articles 55 and 56). This provision enables the government to target and curtail press freedom and activism relating to LGBTQI+ issues, especially since homosexuality became a criminal offence under the new penal code. 

Mali’s cybercrime law (Law No. 2019-056 on the Suppression of Cybercrime), passed in 2019, applies to any offence committed using information and communication technology. Under this law, authorities have powers to conduct computer searches and seize data as part of criminal investigations. Further, communications service providers are required to put in place mechanisms to monitor systems for potential illegal activity, with failure to inform authorities of illegal activities being punishable by imprisonment between six months to two years, a fine of 500,000 to 2,000,000 francs (USD 830 to 3,318), or both. Such ambiguities in the legislation could be used to penalise and censor LGBTQI+ content for “threatening morality”.

The Mali 2023 Human Rights Report highlights that in Mali, there are significant restrictions of freedom of expression, association and peaceful assembly. The report states that  “organizations working on LGBTQI+ matters feared convening public events due to harassment and threats of violence. LGBTQI+ individuals feared to assemble in public or private, or to form associations.”