Igi Cote D Ivoire Baseline Report

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Inclusive Governance Initiative
Côte d’Ivoire
Baseline Report
#WeBelongAfrica brings together multiple initiatives that
enable inclusive, just, affirming, safe, productive and
fulfilling lives for all people in Africa, irrespective of sexual
orientation, gender identity, gender expression or sex
characteristics, and irrespective of HIV status or risk.
Proposed citation:
UNDP (2022). Inclusive Governance Initiative: Côte d’Ivoire Baseline Report.
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UNDP HIV, Health & Development team, Africa.

Contents | 1
Contents
Acronyms 2
Introduction 3
Country overview 4
Outcome 1: To what extent are decision makers sensitive to sexual and gender minorities? Are they
5
inclusive and accountable to them? (indicators 1–8)
Outcomes 2, 3 and 4: A closer look at the capacity and influence of the sexual and gender minority
10
inclusion movement (indicators 9–16)
Summary of implications and way forward 12
Analysis of indicators 14
Outcome 1: African decision makers are sensitive, inclusive and accountable to sexual and gender
14
minorities
Outcome 2: Capacity of LGBTI activists and allies to raise awareness, influence the decision makers
24
concerned and hold the authorities to account
Outcome 3: Inclusion, participation, representation and influence of the diverse LGBTI populations of
26
Côte d’Ivoire and their allies in relevant policy- and decision making
Outcome 4: Use of African ideas, evidence and innovations that support LGBTI-inclusive governance
29
and related work
References 31
2 | Inclusive Governance initiative: Côte d’Ivoire Baseline Report
Acronyms
AIDS Acquired Immunodeficiency Syndrome
CDC-PEPFAR Centers for Disease Control-Presidential Emergency Plan for AIDS Relief
CNDH-CI National Human Rights Council of Côte d’Ivoire
CSO Civil society organization
DPJEJ Directorate of Judicial Protection of Children and Youth
GBV Gender-based violence
HIV Human Immunodeficiency Virus
IGI Inclusive Governance Initiative
LGBTI Lesbian, gay, bisexual, transgender and intersex
LILO Look In Look Out
MSM Men who have sex with men
NACP National AIDS Control Programme
NGO Non-governmental organization
NSP National Strategic Plan
PLHIV People living with HIV
RHDP Rassemblement des Houphouëtistes pour la Démocratie et la Paix
ROPC-CI Réseau des Organisations des Populations Clés de Côte d’Ivoire (Network of Organizations of Key
Populations in Côte d’Ivoire)
SRHR Sexual and reproductive health and rights
STI Sexually transmitted infection
TB Tuberculosis
TWG Technical Working Group
UNAIDS Joint United Nations Programme on HIV/AIDS
UNDP United Nations Development Programme
UPR Universal Periodic Review

Introduction | 3
Introduction
The Inclusive Governance Initiative (IGI) is a regional directing their efforts towards greater LGBTI inclusion and
project that aims to assist countries to include sexual representation.
and gender minorities in national efforts to achieve the
Sustainable Development Goals and to promote and This report highlights the gaps and barriers, not only in
protect human rights. The overall objective of IGI is for relation to the work done on LGBTI inclusion but also in
state entities in sub-Saharan Africa to be increasingly relation to the accessibility and availability of information.
accountable to and inclusive of their entire population, Therefore, as well as presenting the findings in relation
including lesbian, gay, bisexual, transgender and intersex to the national indicators, this report also describes
(LGBTI) persons. If this is achieved, If this is achieved, the research processes, including the bottlenecks and
it is envisaged that countries will see better laws, more limitations encountered by the researcher. The report
responsive public sector services, and social norms that brings together the findings from a literature review
affirm LGBTI rights. and from the field regarding the national indicators. The
results, presented in the ‘Country Overview’ section,
This baseline report provides a high-level analysis of present a picture of the situation of LGBTI people in Côte
the context of Côte d’Ivoire (in particular, key indicators d’Ivoire and their rights as it stands today.
relevant to activities at the national level) and also a
baseline assessment for future monitoring and evaluation In parallel with this desk study, the researcher conducted
purposes. The analysis of cross-sectoral and LGBTI- critical stakeholder interviews. When this report and the
focused legislation, policies and practices, as well as stakeholder report are considered together, a deeper
sectoral policies and strategies, provides a broader understanding of the elements relevant to the work of
picture of the legal and social environment for human the IGI at the national level will be possible. The findings
rights and LGBTI inclusion in the country. It shows how the presented in this report and the information obtained
norms and attitudes of decision makers are manifested from the stakeholder processes will provide insight into
in public spaces. The analysis examines the capacity the ‘windows of opportunity’ for positive change. This will,
and commitments of LGBTI civil society organizations therefore, inform and support the development of the IGI’s
(CSOs) to work on broader development issues and the strategy and programming in Côte d’Ivoire over the next
extent to which they work with CSOs focused on social four years.
development more broadly (i.e. non-LGBTI organizations).
It also examines the extent to which non-LGBTI CSOs are
Country overview
General Economic indicators
The current population of Côte d’Ivoire is approximately GDP by value (US$, 2018) 39.55 billion
27 million.1 The country’s main2 demographic, health and
economic indicators are summarized in the tables below. GDP per capita (US$, 1,570
2018)
Demographic indicators Real GDP growth rate + 7.7%

(2018)
Enumerated population 22,671,331 Poverty rate (ENV 2015) 46.3%
(RGPH 2014) Poverty line CFA737/day (CFA269,075/
Projected population in 26,453,542 year)
2020
Population growth rate 2.6% Development indicators
Total fertility rate (projec- 4.43 (3.7 urban vs 6.3 ru-
ted 2020) ral) Net school enrolment rate 91.9% boys vs. 90.1% girls
Life expectancy at birth 56.8 years (2016/17)
(projection 2020) Literacy rate 15–49 years 63.8% men vs. 47.2% wo-
Percentage of population 41.8% (MICS 2016) men
aged 0–14 years Access to infrastructure Water: 60.5%; electricity:
Percentage of population 35.5% (RGPH 2014) 61.9%
aged 15–34 years The issues of LGBTI people in general in Côte d’Ivoire—
Urbanization rate (projec- 51.6% and particularly regarding men who have sex with
tion 2017) men (MSM) and transgender people—have been
highlighted since the 2010s, with the results of the first
Percentage of population 24.2% bio-behavioural surveys3 and the funding by partners
non-national (embassies, development cooperation actors and United
Nations agencies) to LGBTI associations having received
significant press coverage.4
Health indicators
The general public was thus able to see the level of the
Infant mortality rate (per 81 HIV epidemic in this subgroup of the population, and
1,000 live births, 2018) the existence of associations responding to HIV and
protecting the rights of LGBTI people.
Mortality quotient 15–60 417 male vs. 376 female
years (per 1,000, 2016) Since the accession to sovereignty through the decade
Total expenditure on health 187 from 2010 to 2020, the environment of LGBTI persons in
Côte d’Ivoire has improved. No leader occupying the high
per capita (Int $, 2014) offices of the State, from the President of the first Republic
Total expenditure on health 5.7% to the head of the military transition (2000), to President
as a percentage of gross Alassane Ouattara under the current Third Republic,
has expressed homophobia or active rejection of LGBTI
domestic product (GDP)
people in their speeches. Violence and other intimidation
(2014) perpetrated against LGBTI people have been recorded
as far back as the military transition of 2000 and also
on the occasion of the great post-election crisis of 2010.
1 https://www.worldometers.info/world-population/cote-d-ivoire-population/, accessed 9 September 2021.

2 Table 1: Key indicators for Côte d’Ivoire (sources: INS and WHO, 2020).
3 Enda Santé, ‘Biological and behavioural study of STIs, HIV and AIDS among men who have sex with men (MSM) in the cities of Abidjan,
Agboville, Bouaké, Gagnoa and Yamoussoukro’, 2016’, https://endasanteci.org/images/rapport/rapport_IBBS_MSM_2015_2016.pdf.
4 Marc-André Boisvert, ‘Côte d’Ivoire: «Ici on rejette l’homosexualité»’, La Presse, 6 April 2014, https://www.lapresse.ca/international/
afrique/201404/05/01-4754845-cote-divoire-ici-on-rejette-lhomosexualite.php.
Country overview | 5
Although they can be considered politically coordinated

acts, successive governments have not taken institutional
Outcome 1: To what extent
measures to protect LGBTI people (through, for example,
the enactment of protective laws). Also, incidentally,
are decision makers sensitive
the fact that Côte d’Ivoire voted5 against Resolution A/ to sexual and gender
HRC/27/32 on human rights, sexual orientation and
gender identity, adopted by the United Nations Human minorities? Are they inclusive
Rights Council on 26 September 2014, can be considered
a failure to meet its obligation to protect all citizens as and accountable to them?
proclaimed by the main international legal instruments to
which it is a signatory.
(indicators 1–8)
Manifestations or indicators of the level of homophobia The indicators in this section aim to gather information on
such as community violence and/or acts perpetrated the extent to which decision makers in Côte d’Ivoire are
by state agents were noted in some press under the sensitive, inclusive and accountable to sexual and gender
heading of ‘news’.6 It is rare to hear current leaders minorities. To learn more about the attitudes of Ivorian
publicly express their rejection or condemnation of LGBTI leaders and decision makers, it is necessary to understand
people. Ivorian government leaders are ready to engage the legal and policy environment.
in stories on universal inclusion, basic human rights and
dignity for all. Most of them recognize the existence of Country indicator 1: Punitive laws
the LGBTI community; in doing so, they remind us of the
authorizations for existence granted to associations by the The punitive laws of common crimes such as sodomy
Ministry of the Interior, even if they do not openly discuss and unnatural sexual offences do not apply to sexual
the subject in their public positions or in their political relations between consenting adults in Côte d’Ivoire.
discourse. In some sectors (such as health and human It has been a constant feature of Ivorian criminal law
rights), significant progress has been made. since independence that sexual relations between
consenting adults of the same sex have not been
The change in public attitudes towards non-normative
criminalized. The provision deemed discriminatory with
sexualities and genders observed in recent years is
regard to the measure of punishment for acts qualified
the result of several factors, including the efforts of
as public indecency has been repealed7 in the light of
LGBTI organizations. This helps to prepare the Ivorian
the latest reforms of the Penal Code in 2019. In the
environment for more focused efforts towards positive
Penal Code, only indecent or unnatural acts—in particular,
change.
sodomy—committed against minors and acts qualified as
Below is a summary of the results of the indicator paedophilia are criminalized.8
analysis. It is divided into sections across the different
Within the LGBTI community, transgender persons
outcomes of IGI. For more information, see the discussion
are still in a state of legal insecurity with regard to the
in the section on indicator analysis.
repression of acts, such as solicitation by sex workers. A
study9 on the specific needs in terms of prevention and
management of sexually transmitted infections (STIs)/
HIV among transgender people in Abidjan reveals that
59.6 percent of the respondents stated that they had
engaged in transactional sex in the last 12 months. The
report highlights that these sex workers are subjected to
violence, bullying and heavy-handed arrests under the
guise of the solicitation provision, which is not always
well interpreted by security agents. LGBTI organizations
are aware that the issue of the legal framework for sex
work should be raised and addressed in consultation with
all stakeholders so that institutional and legal reforms or
5 Ligue Ivoirienne de Droits de l’Homme, Mouvement Ivoirien des Droits Humains and Association des Femmes Juristes de Côte d’Ivoire,
‘Alternative report to the United Nations Committee on Human Rights’, March 2015, https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20
Documents/CIV/INT_CCPR_CSS_CIV_19667_F.pdf.
Agboville, Bouaké, Gagnoa and Yamoussoukro’, 2016, https://endasanteci.org/images/rapport/rapport_IBBS_MSM_2015_2016.pdf.
7 See UPR 2015, http://docstore.ohchr.org/SelfServices/FilesHandler.
ashx?enc=6QkG1d%2FPPRiCAqhKb7yhssHwKY8fdRFym%2Bhdogi7mzKsPQb1anLFdzgB6sf6TRQJhJ42bNI0yIgZtbiSfCUA882bCUtdnN5BH9lCy
54oe95YjY95DjpF1jQFzIYaYfwG.
8 See articles 413–417 of the Penal Code (Act No. 2019-574 of 26 June 2019 on the Penal Code).
9 Alliance Côte d’Ivoire, ‘Report of the Study for the identification of specific needs in terms of prevention and management of STIs/HIV and AIDS
among transgender people in Abidjan’, February 2020 (not available online).
provisions allow transgender workers to live and exist origin, membership or non-membership in a particular
without violence and abuse. group, or any other factor that may affect the employment
relationship, national origin, race, religion, political and
religious opinion, social origin, membership or non-
Country indicator 2: Protective membership in a trade union and trade union activity,
laws known or suspected HIV status or AIDS, or disability
of workers in making decisions (article 4 of the Labour
Through its Constitution of November 2016, Côte d’Ivoire Code of Côte d’Ivoire).13 LGBTI people are entitled to this
has proclaimed its commitment to rights and freedoms sectoral protection.
in its preamble, and to respect for human dignity, justice
and good governance as proclaimed by the main Also, in relation to employment, article 5 of the Labour
international and regional legal instruments.10 According Code protects employees or any person undergoing
to article 123 of the Constitution, “Treaties or agreements training or internship from sexual or ‘moral’ harassment
that have been duly ratified have, from the time of their by an employer. The expression ‘any person’ refers to
publication, an authority superior to that of the laws...” non-discrimination in access to employment, including for
These international and regional agreements or treaties members of a sexual or gender minority group.
grant legal protection to citizens of the signatory countries
This legal protection in the field of labour extends to the
without discrimination, including LGBTI people. This is a
field of health,14 access to property, access to justice,
general protection regime unless expressly exempted
access to education, access to freedom of association
by the legislator in relation to a particular group or
without discrimination, and the essential social rights
social category. In this case, Côte d’Ivoire has no textual
promoted by the international treaties and conventions to
provisions that discriminate against LGBTI people.
which Côte d’Ivoire is a party.
More concretely, the United Nations human rights treaty
The Constitution enshrines the education of children by
bodies that Côte d’Ivoire has ratified have confirmed that
making it compulsory in article 10, and incorporates the
sexual orientation and gender identity are among the
relevant provisions of the 1995 Education Act15 in its new
prohibited grounds for discrimination under international
articles 2.1 and 17, which specify the ages of 6–16 and the
human rights law. This has been repeatedly confirmed
responsibility of parents for the education of their children.
in the decisions and general guidelines of several
United Nations treaty bodies, such as the Human Rights The specific law on HIV,16 which is Law No. 2014-430 of
Committee, the Committee on Economic, Social and 14 July 2014 on the prevention, protection and repression
Cultural Rights, the Committee on the Rights of the Child, regime in the fight against HIV, as part of Côte d’Ivoire’s
the Committee against Torture and the Committee on the commitment to the universal principles of human rights,
Elimination of Discrimination against Women.11 In addition, states in article 18 under general protection that “any
in a series of resolutions, the United Nations General person with a sexually transmitted infection, living with
Assembly has called on States to effectively protect the HIV or belonging to a vulnerable group shall enjoy civil,
right to life of all persons under their jurisdiction and to political and social rights without discrimination. Any
promptly and thoroughly investigate all killings, including discrimination or stigmatization of a person on the basis
those motivated by the sexual orientation and gender of known or presumed HIV-positive status is prohibited.”
identity of the victim.12 This provision is accompanied by a criminal conviction
with a custodial sentence (article 52) for any perpetrator of
As a result of its commitment to the universal principles
discrimination. Given the prevalence of HIV among MSM
of respect for human dignity and life, an entire title (Title I)
and transgender people and the level of stigmatization
has been devoted to rights, freedoms and duties (articles
and violence17 they suffer, this protective provision is
1–47). Article 4 of the Constitution is an essential anti-
critical, as is the authorities’ willingness to take into
discrimination provision, which states that: “all Ivorians are
account marginalized communities in their health policy.
born free and equal in law (...)”.
However, the specific protections given to women,
This protection regime extends into the workplace. No girls, children, people living with HIV (PLHIV) and prison
employer may take into consideration sex, age, national populations do not extend to LGBTI people. This omission
origin, race, religion, political and religious opinion, social means that no legal action is recognized for associations
working for the rights of other key populations such as
10 United Nations Universal Declaration on Human Rights, United Nations Charter, African Charter on Human Rights and Additional Protocols.
11 Office of the High Commissioner for Human Rights, ‘Fact Sheet: International Human Rights Law and Sexual Orientation & Gender Identity’,
OHCHR, Geneva, https://previous.ohchr.org/Documents/Issues/Discrimination/LGBT/FactSheets/unfe-11-UN_Fact_Sheets_GenderIdentity_
English.pdf.
12 See, for example, United Nations Resolution A/RES/67/168.
13 Law No. 2015-532 of 14 September 2015 on the Labour Code.
14 Article 9 of the Constitution, Law No. 2016-886 of 8 November 2016.
15 Law No. 2015-635 of 17 September 2015 amending Law Mo. 95-686 of 7 September 1995 on compulsory education.
16 Law No. 2014-430 of 14 July 2014 on prevention, protection and repression in the fight against AIDS.
17 Enda Santé, ‘Health Observatory Report 2019–2021’ (not available online).
MSM, women who have sex with women, and transgender either individual freedom, civil rights or the Constitution
people. shall be punished...” Faced with civil servants, the
guarantor of public order and individual freedoms, the
Under the heading of the ‘duties’ of the State, the population has a tool, a legal basis, for obtaining redress
fundamental law sets out in articles 32 specific protections in the event of abuse.
for ‘vulnerable’ populations. However, in the designation
of this social category, sexual and gender minorities are Ivorian laws do not provide for any protection or specific
not targeted.18 rights in the area of adoption,19 marriage or legal gender
recognition . The Family Code,20 despite the various
In terms of the fight against gender-based violence (GBV), reforms that have taken place since 1964, has remained
Law No. 2019-574 of 26 June 2019 amending Law No. attached to the traditional conception of the basic family
81-640 of 31 July 1981 establishes the Penal Code is a unit by defining marriage in article 1 as “(...) the union
protective source for vulnerable populations, including between a man and a woman celebrated before the civil
LGBTI people. Offences against the physical and/or registrar”.
moral integrity and privacy of vulnerable populations,
women, girls, people with disabilities and key populations Finally, in terms of protective laws, in the Ivorian
can be identified. Two circular notes reinforce the legal Constitution, the specific law on HIV, the Labour Code,
framework for responding to GBV. These are circular the law on the promotion and protection of human rights
No. 005 of 18 March 2015 regarding the reception of defenders and the Penal Code, general provisions in
complaints from victims of physical assault in the judicial principle guarantee the enjoyment of social, economic
police services, and the interministerial circular No. and cultural rights to all citizens without discrimination.
016/MJ/MEMIS/MPRD of 4 August 2016 regarding the
reception of complaints following GBV.
Country indicator 3: Official
Under the chapter on the repression of offences against
personal freedom, the Penal Code, in articles 444–447,
policies, plans and technical
protects key populations, PLHIV and other vulnerable guidance related to sexual and
populations, and denunciations, threats of violence and
the disclosure of personal information in the professional
reproductive health and rights or
environment are to be punished. Article 447 is explicit population health
on the respect of confidentiality which entails the non-
disclosure of HIV status and/or sexual orientation or The HIV and tuberculosis (TB) programmes (and thus the
sexual practice in the workplace. health sector), and the Ministry of Justice’s sectoral policy
on HIV (human rights and HIV), display the highest levels
The mechanism for punishing cases of rape is set out in of inclusion of sexual and gender minority issues of any
articles 403 and 404 of the Penal Code. Unlike the 1981 sector in Côte d’Ivoire. The country wanted to go beyond
version, the 2019 reform has defined rape in paragraphs the health sector to affirm the multisectoral nature of
1 and 2 of the new article 403. One of the innovations the response to HIV and TB by involving the Ministry of
that is of interest to the LGBTI community is the strong Justice in the coordination of human rights interventions.
repression (life imprisonment) for the perpetrators of rape Under the leadership of the Directorate of Judicial
by means of ‘electronic communications’ (article 404, Protection of Children and Youth (DPJEJ), in charge
paragraph 7), noting that LGBTI people also use online of coordinating human rights and HIV interventions, a
social networks to organise and to communicate (dating Technical Working Group (TWG) on human rights and
sites, community organising etc.). HIV, bringing together the main actors of civil society,
including LGBTI associations and networks, national TB
The repression of crimes and offences against the
and HIV programmes, human rights bodies, the National
Constitution in articles 215–220 of the Penal Code is
Human Rights Council of Côte d’Ivoire (CNDH-CI) and
another guarantee of protection. This chapter of the
United Nations agencies, meets quarterly to exchange
Penal Code addresses the issue of the repression of
information, and evaluate and influence the dynamics of
infringements of freedoms, including those of LGBTI
human rights/HIV activities.
people by public officials (articles 215–220), and the
encroachment of the administrative and judicial authorities The review of interventions to combat stigma,
into proceedings (article 221). discrimination, human rights and gender promotion in the
National Strategic Plan (NSP) 2016–202021 shows that
Thus, article 215 states that “Any civil servant (...) who
key interventions have been carried out for the benefit of
orders or performs any arbitrary or prejudicial act against
18 “The State undertakes to guarantee the specific needs of vulnerable persons. It shall take the necessary measures to prevent the vulnerability of
children, women, mothers, the elderly and people with disabilities...” (art. 32, para. 1 of the Constitution, 2016).
19 National Assembly of Côte d’Ivoire, ‘Loi relative à l’adoption’, http://www.assnat.ci/assembleenationale/IMG/pdf/loi_relative_a_l_adoption.pdf.
20 Republic of Côte d’Ivoire, ‘Loi No. 2019-570 relative au mariage’, 26 June 2019, http://www.famille.gouv.ci/public/documents/doc_drcc/loi_2019-
570_sur_le_mariage.pdf.
21 NSP 2021–2025, p. 29.
Themes Main challenges

Stigma and discrimination • Reducing stigma and discrimination against key populations and
PLHIV by:
• improving the understanding of health providers and defence and

security forces of human rights issues related to HIV and TB; and
• strengthening interventions in all districts to reduce discrimination

against key populations and PLHIV.
Promotion of human rights and gender • Strengthening of advocacy actions towards legislators, justice actors,
journalists and editors, and people in uniform, for the establishment of
a favourable environment for the care of key populations and PLHIV
• Strengthening legal and judicial assistance to key populations and

PLHIV
• Increasing the knowledge of PLHIV and key populations about their

rights
• Strengthening the promotion of the HIV law, reforming inappropriate

sections of the law, and reforming other punitive laws and policies
• Strengthening the reporting tool for cases of violence against PLHIV

and key populations.
vulnerable populations, including MSM and transgender UN Women and the Global Network of People Living
people. with HIV (GNP+).
Achievements include: The NSP on HIV 2021–2025 recognizes that these

achievements should not mask the major challenges and
• the development of a five-year Human Rights and obstacles to ensuring an enabling environment for access
HIV Plan (2021–2025); to basic social services for PLHIV and key populations,
including MSM and transgender people.23
• the establishment of an online reporting platform
for cases of violence and various human rights The reform of Law No. 430 of 14 July 2014 on HIV
abuses against PLHIV, MSM, transgender people, prevention, protection and repression, in its repressive
people who use drugs, sex workers and other key aspects, targets barriers to access to services, such as
populations; articles 48 and 51 (criminalization of HIV transmission).
Strong advocacy by LGBTI organizations and their
• operationalization of the Human Rights and HIV partners led to the reform of the old article 360 of the
Observatory22 for PLHIV and key populations with Penal Code in 2019, which was discriminatory towards
funding through the New Funding Model of the MSM.24
Global Fund to Fight AIDS, Tuberculosis and Malaria;
Programming and service delivery (specifically for MSM)
• the establishment of a pool of friendly lawyers and are satisfactory. Initiatives led by the government and
psychologists; and its partners, such as the Centers for Disease Control-
Presidential Emergency Plan for AIDS Relief (CDC-
• the inclusion of Côte d’Ivoire in the dynamics of
PEPFAR), show a willingness to include sexual minorities in
the Global Partnership for Action to Eliminate all
the national HIV care policy within public institutions. The
forms of HIV-related Stigma and Discrimination,
government’s intention is to make health interventions
launched in December 2018 by the Joint United
for key populations sustainable, until now carried out
Nations Programme on HIV/AIDS (UNAIDS), the
almost exclusively in ‘friendly’ clinics run by CSOs.25
United Nations Development Programme (UNDP),
The satisfactory results of the pilot phase have enabled
22 The Observatory for Human Rights and HIV in Côte d’Ivoire is a mechanism for monitoring, documenting and reporting on various human rights
violations and abuses of key populations in the country. Enda Santé hosts this mechanism with funding from Alliance Côte d’Ivoire/the Global
Fund.
23 NSP 2021–2025, p. 30. See also Legal Environment Assessment policy recommendations and Baseline Assessment/Funding Model.
24 Alternative UPR report 2015 and conclusions/recommendations of the United Nations Human Rights Committee.
25 Ministry of Health and Public Hygiene, CDC-PEPFAR and Heartland International, ‘Fight against stigmatization and discrimination of key
populations in the RCI: Report on the pilot phase of care for key populations in public centres 2013–2015’.
the inclusion of MSM care in all public health facilities

supported by the Global Fund in Côte d’Ivoire.
Country indicator 5: Parliamentary
speeches
The term ‘key population’ used in this context, which
relates to the level of prevalence in specific populations, The issue of LGBTI rights has so far found an attentive
now incorporates the specific problems faced by ear within the Ivorian parliament. There is little official
vulnerable groups within the LGBTI communities, more discourse that castigates or gives a position that denies
specifically MSM and transgender people. Funds (PEPFAR the vulnerability, stigmatization and discrimination that
and the Global Fund) are dedicated to addressing these LGBTI people face. The parliament is currently engaged
specificities. For the PEPFAR Country Operational Plan in partnering with AIDS programmes as a gateway
(COP) 21 and the Global Fund’s New Funding Model 3, to capacity-building on the understanding of issues
in addition to MSM, transgender people are listed as related to the fight against stigma and discrimination
priority targets and benefit from specific programming. against MSM and transgender people, and the need to
Thus, funding will focus on institutional capacity-building, remove ‘legal barriers’ to access basic social services.27
planning and leadership development for transgender Through its involvement in the various anti-discrimination
communities. The funding also covers the collection programmes, it can be said that the parliament has a
and analysis of data on transgender people in 33 health progressive view on LGBTI issue.
districts. The content of the COP 21 will be dedicated to
the development of a minimum package of activities in However, given the turnover in the parliament and the
relation to the National Transgender AIDS Programme. renewal of seats, there is a need to continue capacity-
building programmes for parliamentarians on the concepts
of non-discrimination and the promotion of the rights of
Country indicator 4: Official LGBTI persons. The recent comments in an interview by
policies and plans on sexuality the Honourable B, a Member of Parliament from the new
legislature, illustrates the persistence of prejudices and
education cultural beliefs on the level of acceptance of the LGBTI
issue: “You talk about inclusion of minorities, while our
In the education sector, positive results have been noted African beliefs do not accept homosexuality. In any case,
globally in the introduction of training curricula in school I am not ready to accept homosexuality in Côte d’Ivoire.
programmes that provide a framework for a more inclusive This is my own opinion, but I wanted to stress it.”28
approach. In this respect, there is a National Plan for
Comprehensive Sexuality Education (PNESC 2016–2020).
Country indicator 6: Court
The foundations of sexuality education in Côte d’Ivoire
date back to the 1990s with initial projects on teaching
judgements/judges
life skills and populations (EVF/EmP). Life skills content
In Côte d’Ivoire the current Penal Code does not contain
was integrated into school textbooks and initial teacher
any provision condemning sexual relations between
training. Successive reforms and the adoption of the
consenting adults of the same sex. Prior to the July 2019
competency-based approach have made it possible to
reform of the Penal Code, court decisions were based on
integrate sexual and reproductive health and rights (SRHR)
the former article 360 to convict ‘homosexuals’29 under
into existing modules with the following themes: family
the guise of indecent assault.
education, STI/HIV prevention, family planning, alcoholism,
drugs and delinquency. Since this conviction, no other court decisions have
been recorded in relation to sexual orientation or gender
However, a content analysis shows that gender and sexual
identity. However, members of the LGBTI community
minorities are not taken into account in the PNESC. The
have been sentenced to prison on charges of ‘soliciting’,
topics of homophobia, biphobia and transphobia are not
‘assault and battery’ or ‘blackmail’30.
addressed.26 Evaluations have shown that the content
and time allocated to the module are insufficient and that The law on marriage excludes same-sex/gender
there are essential obstacles to the appropriation of the marriages. However, this issue has not yet been
concept, notably the persistence of personal prejudices referred to a judge for censure on the grounds of
among teachers and parents of pupils, to facilitate the unconstitutionality or discrimination. LGBTI organizations
implementation of more inclusive policies in Côte d’Ivoire. and activities do not currently advocate for marriage for
all, as this is not seen as a high priority.
26 United Nations Population Fund and Le fonds Français Muskoka, ‘Côte d’Ivoire : Documentation du Processus de Mise en Oeuvre de l’Education
Sexuelle Complète’, 2018, https://ffmuskoka.org/rapport-cote-divoire/.
27 Training of LILO parliamentarians.
28 Interview with members of the Social and Cultural Affairs Committee of the parliament on 14 July 2021.
29 Tribunal of Sassandra, judgement No. 589/16: Public Prosecutor’s Office against XX and YY, accused of public indecency with a minor of 18 years
(not available online).
30 Court of Abidjan Plateau: Public Prosecutor’s Office Against XXX (transgender sex workers), accused of extortion 25 February 2020.
Country indicator 7: Official report nowhere is the subpopulation of sexual and gender
minorities broken down.
Within the government, the Ministry of Health is the most
open and aware of the public health and human rights Country indicator 8: Political
issues surrounding the inclusion of LGBTI people. This
is followed by the justice, security, and family, women parties/platforms
and children sectors, which directly address the rights of
LGBTI persons in their policies and programmes. They The leaders of the political parties in power
are assisted in this by the relatively favourable legal (Rassemblement des Houphouëtistes pour la Démocratie
environment that does not criminalize sexual and gender et la Paix [RHDP]) have never officially said anything
minorities. The Ministry of Justice has coordinated the discriminatory against LGBTI people; it must be
development of a national human rights and HIV plan acknowledged that for the last 10 years no real public
in conjunction with UNAIDS, taking into account the debate has taken place on the issue of the rights of
specific needs of MSM and transgender people to remove LGBTI people in Côte d’Ivoire. The political agenda is
‘barriers’ to their access to basic social services. rather dominated by purely ‘political’ issues relating to
the electoral code, voter eligibility and the length of the
Although not directly addressing the issue of LGBTI in presidential term. Socio-cultural issues have had little or
the provision of services or support, within the Ministry of no impact on political debates.
Education there is a Directorate of Gender Equality and
Equity, which is developing a certain amount of technical At most, political leaders point to the major progress
knowledge on the issue of gender. It aims to enable parity linked to the reform of the Penal Code, which saw the
and equity through gender and development approaches. pure and simple withdrawal of the former article 360,
In particular, it is involved in verifying girls’ equitable considered discriminatory by the United Nations Human
access and whether they remain in education. Rights Committee.
The other ministries surveyed do not widely accept The manifestos of the political parties (opposition and
or understand LGBTI issues as a ‘gender’ issue,. The majority) do not mention LGBTI rights either in their
Ministries of Defence and the Civil Service ensure that strategy or plan. The LGBTI leaders interviewed felt that
they implement programmes and services that do not it would be useful to engage with these parties and hold
discriminate against LGBTI people. For these ministries, them to account. A more thorough and comprehensive
the non-discriminatory nature of the ‘service’ offered is analysis of the political landscape could help.
reflected in the calls for applications for access to public
sector jobs (civil servants, private soldiers or officers). The
conditions of access to these jobs do not exclude sexual Outcomes 2, 3 and 4: A closer
and gender minorities by right; therefore, any citizen who
meets the general conditions of level of education, age,
look at the capacity and
sex (defined as male or female), physical and intellectual influence of the sexual and
abilities, and the right to compete is free to apply.31 They
display a certain neutrality but have reservations about the gender minority inclusion
‘open’ inclusion of LGBTI people in their governance due
to socio-cultural constraints. A senior government official movement (indicators 9–16)
expressed some reservations about UNDP’s approach,
through IGI, to increase the visibility of LGBTI people as The indicators related to outcome 2 look at the capacity
this may risk further exclusion and stigmatization. of activists and allies to raise awareness, influence
relevant decision makers and hold authorities to
The reports of the CNDH-CI still do not systematically account. Indicators related to outcome 3 look at the
devote chapters to the situation of sexual and gender inclusion, participation, representation and influence of
minorities under the heading of category rights. The LGBTI populations and their allies in relevant policies
institution’s latest report is silent on cases of human rights and decisions. Outcome 4 of IGI aims to see the ideas,
abuses suffered by LGBTI people.32 evidence and innovations of Côte d’Ivoire in supporting
the inclusive governance of LGBTI people and related
The researcher was not able to meet with other ministries work. The results of the indicators for these outcomes are
to collect their annual reports. But as a senior civil summarized together below.
servant from the Ministry of Public Service pointed out,
gender aspects of the annual reports of the ministries Within civil society in Côte d’Ivoire, LGBTI organizations
are essentially disaggregated into ‘male’ and ‘female’; are visible and dynamic, as they are recognized by the
Ministry of Interior and Security and often invited by
31 Ministère de la Fonction Publique et de la Modernisation de l’Administration, ‘MFPMA 2021 : Liste des concours directs de la fonction publique’,
2021, https://fonctionpublique.laatech.net/2021/concours/?cc=1.
32 CNDH, ‘Rapport annuel 2019’, CNDH, Abidjan, 2019, https://cndh.ci/wp-content/uploads/2015/10/RAPPORT-ANNUEL-CNDH-2019.pdf.
the Ministries of Health and Justice to participate in paralegals are trained and operational to address issues
government workshops and seminars. Their recognition of violence and abuse in connection with public services
is linked to or based on their admitted objectives and for the holistic management of rights violations.
missions to fight HIV, TB and hepatitis and promote
human rights. However, in their manifesto, transgender Among the joint initiatives, we note the participation of the
associations, such as FondyGender, were able to obtain LGBTI non-governmental organization (NGO) Alternative
an official document recognizing them and authorizing Côte d’Ivoire alongside the Ligue Ivoirienne des Droits
them to operate from the prefecture of police after de l’Homme, a general human rights association that
mentioning the terms ‘fight against AIDS and promotion is working on the drafting of the alternative report on
of human rights among vulnerable populations’, however, the state of implementation by Côte d’Ivoire of the
without mentioning the word ‘transgender’. International Covenant on Economic, Social and Cultural
Rights (Universal Periodic Review [UPR] 2015). The
The ‘movement’ is also fragmented because, within the interviews conducted did not reveal whether a coalition
‘LGBTI’ group, identity associations specific to transgender of LGBTI associations had directly initiated legislative
people, lesbians and MSM stand out. According to reform. It should be noted that LGBTI associations meet
interviews with stakeholders, each group wants to assert regularly, have functional headquarters and have their
its ‘singularity’. The work on LGBTI rights in Côte d’Ivoire own strategies to combat discrimination and HIV.
cuts across the rights of sex workers, the fight against
GBV, stigma and discrimination, and SRHR. Regarding the level of involvement of LGBTI organizations
in policymaking, the situational review and interview data
Within the government and the programmes that support showed that the community is sufficiently involved in the
its actions, links and alliances are established especially programming processes of the HIV and TB response.
with the fields of health/HIV/TB, justice, and women, family LGBTI organizations define themselves as ‘partners’ in the
and children in the fight against GBV. Through these TB and HIV programmes of major donors.34 The ROPC-CI,
links, as members of the HIV and human rights TWGs that which includes LGBTI organizations, is represented in the
participate by invitation in meetings, the LGBTI movement Global Fund’s Country Coordination Mechanism. However,
has the opportunity to highlight the issues of the fight there is little representation of LGBTI organizations in
against violence, and access to justice and health services bodies working to promote human rights more broadly, in
without stigmatization and discrimination with a dedicated particular the CNDH-CI.
offer in line with its specific needs.
Ministries and sectoral programmes involve LGBTI
Most notable are the new links that have been forged organizations as part of the civil society contribution to the
between LGBTI organizations, HIV programmes and the development of strategic documents, and reflections on
Ministry of Family, in charge of GBV issues. This ministry, health and human rights issues. These two sectors—health
through its GBV prevention and care services, adopts an and human rights—can be seen as the most progressive
inclusive approach by supporting initiatives to combat on the issue of LGBTI inclusion in governance. Within the
violence against LGBTI people without discrimination.33 Ministries of Health and Justice there is indeed a certain
openness and understanding of the importance of LGBTI
There is no LGBTI coalition or network, however there inclusion in policy. This is an entry point and opportunity
are strong associations organised around specific identity that can be explored.
groups. The Réseau des Organisations des Populations
Clés de Côte d’Ivoire (Network of Organizations of Key From the beginning of the HIV epidemic, the Ministry
Populations in Côte d’Ivoire [ROPC-CI]) federates all of Education has been involved in defining and
organizations working in the field of highly stigmatized implementing an appropriate response in schools
and discriminated minorities (sex workers, people who use and universities. It is also working on the response to
drugs, MSM and transgender people). GBV with the institutionalization of GBV units within
schools (21 units throughout the country). There are
In the fight against discrimination, there are joint initiatives also programmes for education on human rights and
between LGBTI associations, the ROPC-CI and the main citizenship,35 and comprehensive sexuality education.
partners that fund the fight against HIV in the country. However, the approach is cautious because the concept
The Global Fund and the United States Agency for of ‘comprehensive life skills’ is not fully accepted by
International Development have grant agreements with students’ parents.36 Within the Ministry of Education and
organizations to implement prevention programmes its associated directorates there is an openness and
and fight GBV and other human rights violations. Also, understanding of the importance of LGBTI inclusion in
33 As part of the implementation of the Global Fund grant activities (Funding Model/New Funding Model 2 and New Funding Model 3), Enda Santé,
the sub-recipient of the grant, strengthened the capacity of 39 focal points of the Ministry of Family Affairs in charge of GBV issues throughout
the country so that they could better integrate and address LGBTI issues.
34 Stakeholder interview with a leading LGBTI organization/activist.
35 Ministere de l’Education Nationale, de l’Enseignement Technique et de la Formation Professionnelle and the OPEC Fund for International
Development, ‘Atelier Formation des Encadreurs Pedagogiques’, 29–31 March 2021, https://dpfc-ci.net/wp-content/uploads/dpfc_
fichiers/2021-2022/ofid/Module%20EDHC_Atelier%20OFID.pdf.
36 Interview with Ministry of Education officials.
policy, however sexual and gender minorities are not • RFI Afrique (Ivorian base) is open on LGBTI issues
included in the National Plan on Comprehensive Sexuality and, therefore, produces interviews, articles and
Education. This is an entry point and opportunity that can publications on the realities, violations and violence
be explored. suffered by LGBTI people.
Within the Ministries of Women, Family and Children • The Guardian newspaper uses the media to
(MFFE) and Security, good practice in the inclusive deconstruct myths and denounce human rights
delivery of services is noted. Indeed, gender focal points violations of LGBTI people, with a focus on West
(for the police) and GBV focal points for the MFFE have Africa.
been trained and installed in police stations and social
service centres. Specifically for the Ministry of Security, • OpenDemocracy is an information organization
32 gender desks have been set up in police stations that exposes violence and violations through the
with the support of UNDP and the US Embassy. The focal media by writing articles, publications, reports and
points have been strengthened by Look In Look Out (LILO) interviews.
and human rights training by Alliance Côte d’Ivoire and
Enda Santé, financed by the Global Fund. They work in The indicator measuring country-specific knowledge
close collaboration with the HIV and GBV programmes products calls for materials that can be used for training/
to provide holistic care by addressing the specific issues sensitization of decision makers to be prioritized.
of MSM, transgender, PLHIV and sex worker victims and In interviews with key stakeholders, only the LILO
survivors without discrimination.37 This is an entry point programme was mentioned (a programme facilitated by
and an opportunity that can be explored. Alliance-CI, the principal recipient at the community level
of funding from the Global Fund). The LILO programme,
The CNDH-CI, as part of its mandate to promote, protect despite its usefulness in combating stigma and
and defend human rights, has initiated a public training discrimination, is seen as ‘imported’, and many people felt
programme to popularize and raise awareness of human that it would be useful to invest in updated tools that are
rights.38 This programme, which began in 2018, has adapted to the national context.
already held several regular and intensive sessions. The
review of the Human Rights University reports on these Also under the aegis of the Ministry of Justice, through the
topics shows that information on protection against DPJEJ, and with the financial support of UNDP, a process
discrimination based on sexual orientation, gender of developing training modules on human rights and HIV
identity, gender expression and sexual characteristics has been initiated for the benefit of highly vulnerable
(SOGIESC) is not yet being addressed. This is, however, populations, including LBGTI. The production of strategic
a gateway for the IGI to develop training programmes tools is an indicator of inclusion to be encouraged.
related to the rights of LGBTI people.
There are specific knowledge products at country Summary of implications and

level regarding the inclusion of LGBTI people. They
are mainly in the form of strategic planning documents
the way forward
(NSP 2021–2025) for the fight against HIV, research
The absence of punitive laws is an indicator of the level of
or studies produced by the Ministry of Health and/or
tolerance and acceptance of diversity on which inclusive
independent NGOs and university researchers. In view
programmes can be built. However, the absence of
of the research products that exist, especially the bio-
punitive laws alone should not be sufficient to build any
behavioural surveys,39 it appears that the government,
strategy for more inclusive governance. There are parallel
through the Ministry of Health, is conducting fairly open
socio-cultural perceptions that condition the objective
and unrestricted research on the issue of LGBTI and
appropriation of texts, the delivery of services or the
is supporting the work of NGOs in this regard. This
adoption of strategic planning documents.
openness is still limited to the field of health and should
be extended to other programme areas (housing, safety, Awareness-raising and capacity-building activities for key
employment etc.) actors—essential links in the delivery of services—should
be carried out. The governance chain according to the
There are innovative social media platforms that create
policy system starts from the central level (ministerial
safe spaces for LGBTI-led dialogues:
cabinets and related structures) to the decentralized
• EmmaLInfos is a virtual LGBTI platform that carries level (agents providing direct service to users of
out social media activism in West Africa. It is a typical public services). Thus, central directors, programme
LGBTI structure and run by LGBTI people. coordinators, social workers, teachers and specialist
educators, municipal councillors, professionals in the
37 See Observatory for Human Rights and HIV in Côte d’Ivoire review.
38 CNDH, ‘Guide d’Information sur LUDDH’, https://cndh.ci/wp-content/uploads/2015/10/GUIDE-DINFORMATION-SUR-LUDDH-CNDH.pdf.
Agboville, Bouaké, Gagnoa and Yamoussoukro’, 2016, https://endasanteci.org/images/rapport/rapport_IBBS_MSM_2015_2016.pdf.
justice system etc. may be reached. Stakeholders at the integral development of their members. This legal
central level limited the scope of their understanding of existence has not yet resulted in a strong coalition of
gender to binary notions of male/female. LGBTI organizations and their allies. They are still largely
fragmented and carry out HIV and human rights activities
Although laws are enabling, parliamentarians need individually. It is important to create a homogeneous
continuous updating and should be included among the platform of LGBTI organizations with well-developed
beneficiaries of capacity-building. The renewal of seats advocacy and governance techniques to better address
creates turnover, and allies from previous legislatures are the other areas of the Sustainable Development Goals.
lost. This capacity-building will focus on education on civil
and human rights and a gender approach that include It was also pointed out that the acronym ‘LGBTI’ contains
sexual orientation and gender identity. several different identity groupings. Each organization has
its own singularity, with little understanding of the specific
LGBTI organizations are among the CSOs recognized problems and realities of others. It will be necessary
by the government and operate without restriction to work on bringing together and identifying common
according to the purpose of their declaration of existence. advocacy issues to avoid the fragmentation of initiatives.
This basis should allow them to build a militant and
committed conscience on all issues impacting the
Analysis of indicators
Outcome 1: African decision Specific data
makers are sensitive, inclusive No criminalization of sex between men (consenting adults)
and accountable to sexual and Contextual analysis

gender minorities There are no laws criminalizing sex between adults, nor
are there any laws criminalizing sex work. Recent reforms
Country indicator 1: Punitive laws to the Penal Code, following a long process since 2015,
have resulted in the removal of the former article 360 of
the Penal Code, which was deemed discriminatory against
Brief description MSM by the United Nations Human Rights Committee.
There are no punitive laws specifically targeting the LGBTI However, the absence of specific laws does not mean that
community in Côte d’Ivoire. In the Penal Code the fight there is an absolute absence of abuse or other reported
against ‘attacks on morals’ is aimed at acts of indecency harm to LGBTI persons. They are still victims of raids and
or against nature and paedophilia in articles 413–415 other abuses under the provisions on soliciting and other
committed against minors. Under this chapter, the Penal related offences such as the repression of establishments
Code also punishes acts qualified as ‘public indecency’— of a primary or secondary nature where sex work is
i.e. any act committed in public that offends public morals carried out.
or the moral feelings of people. In an environment that
is intolerant of sexual and gender minorities, there is a The NGO Alternative Côte d’Ivoire has documented
risk that, in the absence of clear and agreed definitions, several cases of violations of the commitments to protect
concepts such as ‘indecent acts’, ‘unnatural’ and ‘indecent and enforce the rights of citizens without discrimination
assault’ are selectively applied to LGBTI people. contained in the Constitution (since the 1960 Constitution);
these include the right to dignity, to health, not to be
Another point of attention comes from the provisions arbitrarily detained, and the right to work. These cases
listed in the chapter on the repression of offences against were reported in the alternative report prepared jointly
health, public health and morality, in which article 361 with African Men for Sexual Health and Rights (AMSHeR)
targets sex workers who engage in soliciting. MSM and submitted to the African Commission on Human and
or transgender sex workers can be apprehended for Peoples’ Rights at its ordinary session in October 2012.40
soliciting, and face related abuse and stigmatization.
Recent incidents have also been documented by the
Data sources Human Rights and HIV Observatory financed by the
Global Fund and supported by Enda Santé-Côte d’Ivoire.
Government laws For the 2019-2020 financial year, violence against MSM
represented 14 percent of 590 validated reports of
Decree No. 2016, Law No. 2019-574 of 26 June 2019 on physical assault, harassment and stigmatization.
the Penal Code, repression of offences against public
morality (article 361); indecent assault (articles 413–415) A regional study on the assessment of the community
and public indecency (article 416), http://www.famille.gouv. needs of lesbian and bisexual women in six Central and
ci/public/documents/doc_drcc/loi_2019-574_portant_ West African countries (including Côte d’Ivoire) found that
code_p%C3%A9nal.pdf this subgroup of LGBTI people faces various challenges
that hinder the full enjoyment of their human rights.41
Law No. 781 of 12 October 2016 establishing the Thus, in terms of general health, there is a mismatch
modalities of application of Law No. 72-833 of 21 between the health care services offered and the needs
December 1972 on the Code of Civil, Commercial of the communities. The same applies to sexual health
and Administrative Procedure relating to legal aid, and gender affirmatin care, particularly with the lack of
https://admin.juriafrica.com/lex/decret-2016-781-12- availability of services in most community health centres,
octobre-2016-29877.htm which are widely used by lesbian and bisexual women
(60 percent of survey respondents). In the same study,
the financial cost of services, which is considered to be
40 http://www.plateforme-elsa.org/wp-content/uploads/2017/02/ACHPR-Rapport-alternative-Cote-dIvoire-LGBT.pdf
41 Yves Kugbe and Sheba Apkokli, ‘“Pour en finir avec les Labyrinthes” Portrait de nos vécus – Une recherche communautaire sur l’évaluation
des besoins prioritaires des communautés lesbiennes, bisexuelles et queer – dans six pays d’Afrique de l’Ouest et du centre, Bénin, Burkina,
Cameroun, Côte d’Ivoire , Mali et Togo’ (not available online).
Analysis of indicators | 15
allied to the economic vulnerability of lesbian and bisexual

women, is an obstacle to their access to care (64 percent
Country indicator 2: Protective
of respondents cannot meet their basic needs, with 59 laws
percent resorting to self-medication). In the face of these
obstacles and other rights violations, the report mentions
Brief description
that redress mechanisms are poorly available and little
used, with only 31 percent of victims of stigma and
This indicator asks questions about the protective laws
discrimination seeking assistance.
that exist. Understanding which protections exist in law
Key populations in West Africa most often identify (but perhaps, more importantly, which protections do not
unemployment and poverty as their greatest concerns, in exist) is not only an important strategy in the advocacy
addition to marginalization and invisibility. This economic space but also a measure of understanding the levels of
vulnerability affecting access to care for LGBTI people has exclusion faced by sexual and gender minorities.
been accentuated by the COVID-19 pandemic.42
The Constitution of Côte d’Ivoire does not contain any
Member organizations of the network of key populations discriminatory provisions but does not explicitly mention
(including MSM and transgender people) are now making sexual orientation or gender identity as protected classes.
the issue of an institutional framework for sex work an The State recognizes citizens’ rights and freedoms without
advocacy issue, to offer some more security and dignity to discrimination, as proclaimed by the main international
legal instruments to which it is party. Thus, all the
sex workers (including transgender people). rights and freedoms are contained in articles 2–27 and
essentially enshrine the rights:
Data gaps and limitations
• to life (art. 2);
There are no punitive laws specifically targeting the LGBTI
community in Côte d’Ivoire. The last baseline analysis • to dignity and recognition as a person before the law
of the legal framework was conducted in 2018 (Legal (art. 3);
Environment Assessment). This assessment does not
• to non-discrimination (art. 4);
include the latest reform of the Penal Code in 2019, which
removed confiscatory provisions. No gaps or limitations • not to be subjected to cruel and degrading treatment
were identified. (art. 5, para. 1);
Synthesized implications • to autonomy of will/consent to medical acts (art. 5,

para. 2);
Despite the lack of punitive laws, efforts must be made
to ensure that service providers adopt a non-stigmatizing • to equal access to justice without discrimination (art.
attitude towards LGBTI persons as a barrier to accessing 8);
basic social services. Specifically, the community and
• to education and health without discrimination (art.
other service providers need to understand the extent to
9);
which stigma and intolerance are barriers to accessing
services for LGBTI people. • to work without discrimination (art. 14);
Research has been conducted to gather evidence of how • to freedom of association (art. 20);
sexual and gender minorities in Côte d’Ivoire experience
service provision. This research reveals that services • to free movement (art. 21); and
are often judgemental and even abusive, and often lack
empathy and understanding of the specific needs of the • to information (art. 28).
community.
Specifically, article 4 states that “all Ivorians are born
Considerable progress has been made under the free and equal in law. No one may be privileged or
leadership of the national HIV and GBV programmes discriminated against on the basis of race, ethnicity, clan,
to collect data on MSM and transgender people (bio- tribe, skin colour, sex, region, social origin, religion or
behavioural surveys and documentation of violence). The belief, opinion, wealth, difference in culture or language,
collection of evidence and its documentation within the social status, or physical or mental condition.”
framework of a strengthened and inclusive observatory
with LGBTI leaders skilled in violence monitoring With the development of social networks and their
techniques should be promoted. avatars, the State has adopted a specific law governing
the use of personal data. This is the Law No. 2013-450 of
19 June 2013 on the protection of personal data. LGBTI
42 United Nations Office of the High Commissioner for Human Rights, ‘OHCHR and COVID-19’, https://www.ohchr.org/en/covid-19.
people use social networks as a platform to exchange his unequivocal consent”; and the duty of confidentiality
information, organise, and meet people, and too often incumbent on health professionals in article 14. In sum,
they are subjected to blackmail and harassment. This law article 18 of the law enacts the extension of human rights
provides for the protection of privacy. to people infected with or vulnerable to HIV: “Any person
with a Sexually Transmitted Infection, in abbreviated form
Through the Penal Code and other criminal laws (Law STI, living with HIV or belonging to a vulnerable group
No. 2019-574 of 26 June 2019 on the Penal Code), the enjoys, without discrimination, civil, political and social
State protects LGBTI people against all forms of violence, rights.” Any discrimination or stigmatization of a person
including GBV (rape, physical assault, sexual assault). on the basis of their known or presumed HIV-positive
In the same vein, the Penal Code punishes violations of status is prohibited. This has certainly enshrined rights
privacy, particularly in the case of violation of a secret and general protection for PLHIV, care providers, women
of which the accused was in possession because of his and children against sexual violence. However, it has the
status, profession or function. disadvantage of not specifically addressing LGBTI people.
Law No. 2014-388 of 20 June 2014 on the promotion Finally, we can highlight Decree No. 213/CAB/MSHP of
and protection of human rights defenders is the 20 August 2008 on free antiretroviral treatment, which
translation into the domestic order of the provisions promotes universal access to treatment for HIV infection
drawn from the declaration on the right and responsibility without discrimination.
of individuals, groups and organs of society to promote
and protect universally recognized human rights and
Data sources
fundamental freedoms.43 Article 1 of this law determines
the quality of ‘human rights defender’. Thus, by its
National laws
missions and its scope, people working with LGBTI people
can be considered ‘human rights defenders’ and benefit Ivorian Constitution: Law No. 2016-886 of 08/11/2016,
from this particular regime. Thus, under the rights of establishing the Constitution of the Republic of Côte
human rights defenders, they have the right to freedom d’Ivoire, https://www.presidence.ci/constitution-de-2016/
of exercise through the principle of freedom of exercise
contained in article 3; the protection of the individual with Law No. 2019-574 of 26 June 2019 on the Penal Code,
the protection granted to all those who express opinions http://www.famille.gouv.ci/public/documents/doc_drcc/
or publish reports in the context of their activities; the loi_2019-574_portant_code_p%C3%A9nal.pdf
protection of offices and headquarters (article 6); the
possibility of benefiting from financial and technical Law No. 2014-388 of 20 June 2014 on the promotion and
support provided that it is of legal origin (article 8); and, protection of human rights defenders,
finally, the special protection of women human rights
defenders (article 9). https://ci-ddh.org/loi-n-2014-388-du-20-juin-2014-portant-
promotion-et-protection-des-defenseurs-des-droits-de-
The commitment of the Ivorian State to the promotion and lhomme/
protection of human rights, including those of populations
vulnerable to HIV and PLHIV, is further reflected in Law Law No. 2014-430 of 14 July 2014 on the prevention,
No. 2018-900 of 30 November 2018, establishing the protection and repression regime in the fight against HIV
CNDH-CI. The CNDH is an independent administrative and AIDS, https://www.ilo.org/dyn/natlex/natlex4.detail?p_
authority which exercises advisory functions, conducts lang=en&p_isn=96421
consultations, carries out evaluation missions and makes
proposals to the government and all other authorities. Ivorian Labour Code, https://www.ilo.org/dyn/natlex/docs/
ELECTRONIC/105179/128593/F776982909/Le-code-du-
Law No. 2015-532 of 20 July 2015 on the Labour Code travail-ivoirien-13-05-17.pdf
takes into account the issue of HIV in the world of work
by protecting the rights of workers and PLHIV in the National Human Rights Council (CNDH-CI), https://cndh.ci/
workplace. This text thus appears to be proof of the accueil/
legislator’s interest in the effective enjoyment of the right
to work, regardless of the worker’s serological status. Specific data
In relation to HIV there is a specific law on HIV that No specific inclusion
enshrines a number of human rights for LGBTI people who
are living with HIV. These are: the right to autonomy of will Contextual analysis
in articles 3–5, regarding the need to obtain consent for
any act (screening, treatment); the right to privacy in article In addition to the Constitution, the provisions protecting
10, which states, “No information on the HIV status of a LGBTI people in Côte d’Ivoire are found in several other
person may be communicated to another person without texts, including the Penal Code, the specific law on
43 United Nations General Assembly Resolution 53/144 of 9 December 1998.

HIV and the law on the protection of personal data. In for the social inclusion of trans people. Advocates of this
general terms, as homosexuality is not criminalized in the legislative initiative expressed the need for technical
country, LGBTI people are citizens, holders of rights and assistance to develop substantive legal arguments,
subject to duties without discrimination in the same way including case law from other jurisdictions. This technical
as ‘other sexual majorities’. The provisions of the Labour assistance should include the development of legal and
Code regarding conditions of access to and exercise of social arguments for the inclusion of LGBTI people in and
employment benefit them without discrimination. through legal reform. There are a number of allies among
policymakers, but they are also uncomfortable expressing
Protection from violence through the Criminal Code their support publicly for fear of the stigma associated with
allows LGBTI victims to bring cases to police stations their involvement.
or the courts without discrimination. However, with the
persistence of stigma and discrimination in the community,
there is a lack of specific protection for access to housing
and work in some cases where sexual orientation is
The guiding question for the collection of data for this
known or is apparent. Some employers use various
indicator was: Are there any protective laws? If so, what
spurious grounds to deny access to employment if they
are they?
discover the applicant’s sexual orientation. One LGBTI
leader in this regard stated during the interview, “I am In addition to the relevant provisions of the Constitution,
transgender, and when my employer found out about my there are laws and texts that promote the rights of LGBTI
true identity from a colleague, he asked for my negotiated people in Côte d’Ivoire and the absence of specific texts
departure from the company. I did not want to go to court, that criminalize homosexuality. However, the most urgent
to avoid the scandal and the strong stigma that would gaps identified by the LBGTI associations are to remove
surround this.”44 the ‘legal barriers’ that condition their certain inclusion in
governance policy.
There is, moreover, Law No. 2015-532 of 20 July 2015
on the Labour Code, which takes into account the issue
of HIV in the world of work by protecting the rights Synthesized implications
of workers and PLHIV in the workplace. This text has,
however, the disadvantage of being silent on sex work Although many laws can be improved, there are a few
and the specific protection of LGBTI people. This justifies areas of legal reform that LGBTI groups continue to lobby
the implementation of a comprehensive reform of the for. They are:
legislation in this area.
• the extension to LGBTI people of the specific
The law also fails to provide protection in the areas of protection afforded in the HIV law given their
marriage (same-sex/gender couples are not recognized), vulnerabilities to HIV and related stigma;
adoption and civil status. There is no legal gender
• the inclusion of sexual orientation and gender
recognition in Côte d’Ivoire, a gap that transgender
identity as grounds for non-discrimination in article 4
associations are trying to address. One of the transgender
of the Constitution and in the Labour Act 2015;
leaders interviewed said that she had difficulty renewing
her expired passport. In the background is the issue of • taking into account the reality of trans identity in
the change of gender marker: “The officer on duty at the Côte d’Ivoire by reforming the law on civil status;
issuing office refused to accept my passport renewal
application on the grounds that the person in front of • the definition of a protective institutional framework
me did not match the photo on the old passport.”45 This for the practice of sex work in the country; and
factual situation and the claims of transgender people
clash with the law in relation to the principle of the • the definition and application of terms (‘unnatural
‘unavailability of the state of persons’,46 which is still acts’, ‘indecent acts’) in the Penal Code in the
rigidly applied in Côte d’Ivoire in the absence of case law chapter on the repression of offences against public
and given legal provisions on civil status which do not morals and morality.
allow for a change of identity marker except on medical
grounds. Interviews with LGBTI associations and other IGI programming should support this work and help
public bodies revealed that trans identity is a reality in the LGBTI groups (and especially joint initiatives with human
country. rights and HIV groups) to crystallize agreed legal reform
objectives. Currently, initiatives are not coordinated. As
In such a context, the legal recognition of trans identity as with the suggestions made under indicator 1, work to
an element of the person’s status appears to be one of the reform the law needs to be combined with programmes to
main possibilities. In this respect, it could notably allow the raise awareness among legislators and political, religious
change of civil status, first names and sex, as a necessity and community leaders. It will also be strategic to create
44 Interview with LGBTI leader on 11 July 2021 at Enda Santé’s co-working space.
45 Telephone interview with transgender association transgender rights leader on 21 July 2021.
46 See https://fr.wikipedia.org/wiki/Indisponibilit%C3%A9_de_l%27%C3%A9tat_des_personnes.
and support spaces for NGOs and CSOs to respond to, Ministry of Health, ‘National Strategic Plan for Adolescent
comment on and engage with policies and laws. and Youth Health’, https://scorecard.prb.org/wp-content/
uploads/2018/05/Plan-Strate%CC%81gique-National-de-
la-Sante%CC%81-des-Adolescents-et-des-Jeunes-2016-
Country indicator 3: Official 2020.-Co%CC%82te-d%E2%80%99Ivoire.pdf
policies/plans/technical guidelines Ministry of Youth Promotion and Employment, ‘National
on sexual and reproductive health Youth Policy and Strategies’, http://www.jeunesse.gouv.ci/
sites/default/files/politique-nationale-a-la-jeunesse.pdf
and rights
Ministry of Health, ‘Côte d’Ivoire HIV Prevention and
Brief description Treatment Guidelines 2019’,
Côte d’Ivoire is experiencing a certain trend in favour https://www.differentiatedservicedelivery.org/Portals/0/

of the realization and development of human rights, adam/Content/WU-wkAckZkSi4dTtBWh8DA/File/Cote%20
particularly with regard to SRHR indicators.47 There are d’Ivoire_HIV%20Prevention%20&%20Treatment%20
several official documents48 that address SRHR specifically Guidelines_2019.pdf
or in a related way. There are also some that do so more
indirectly. These include the national policy document on Specific data
sexual, reproductive and child health; the sector reference
plan on family planning; and the national strategy for Inclusion of LGBTI people as a vulnerable group in the
adolescent and youth health developed by the Ministry of national HIV plan and the national HIV prevention and
Health; the national comprehensive sexuality education clinical guidelines
plan (2016–2020) developed by the Ministry of National
Education; and the national strategic plan to combat HIV Contextual analysis
(2021–2025). However, there is a lack of a harmonized
legal framework for all matters relating to SRHR in the The vision of the strategic plan for the response to HIV
country. The initiative exists in the form of a draft law, but it over the period 2021–2025 (NSP 2021–2025) is in line
has not yet been adopted by parliament. with the overall vision of Côte d’Ivoire to end the HIV
epidemic by 2030. Targeted interventions include MSM,
There are no national clinical guidelines for gender- and and transgender people under the MSM/trans component,
sexual minority-specific SRHR that take into account the as key populations vulnerable to HIV. The NSP also
reproductive health needs (counselling, family planning identifies sex workers and people who use drugs as key
follow-up) and the management of hormone use among populations.
transgender people. There is no provision for their
specific development either. There is, however, a national In line with the national HIV and TB strategic plans, the
document/clinical guidelines on HIV prevention and care State of Côte d’Ivoire, under the aegis of the Ministry of
that includes the issues of PrEP for MSM, trans people and Justice and partners such as UNAIDS and the Global
the treatment of STIs. Fund, has developed a five-year human rights and HIV
plan. This plan aims to reduce human rights barriers
Data sources to accessing HIV services. It takes into account the
specific challenges faced by transgender people,
Ministry of Health and Universal Health Coverage, including issues of identity and gender, and the need to
‘National Mother and Child Health Programme and ensure access to HIV and TB services for all, including
National Sexual, Reproductive and Child Health marginalized population groups. The plan aims to fight
Policy’ (May 2020), http://pnsme.ci/admin/docs/ stigma and discrimination by raising awareness among
politiquenationalemreetenfant2020.pdf key actors (advocacy with legislators, legal professionals,
administrators and security forces on issues of gender
NGO Equipop, ‘Côte d’Ivoire on the march for sexual identity, gender diversity, sexual orientation, human rights
and reproductive health rights: Advocacy guide’, https:// and GBV). Also, as designed, it addresses the issue of self-
equipop.org/publications/guide_plaidoyer_DSSR_RCI.pdf stigmatization, self-esteem and capacity-building of LGBTI
actors and increasing their access to inclusive services.
Ministry of Education, ‘National Comprehensive Sex The existence of this five-year plan is an opportunity
Education Programme’, https://www.prb.org/wp- to support the Ministry of Justice, through its DPJEJ, to
content/uploads/2018/05/Programme-National-de- implement inclusive governance on LGBTI issues.
l%E2%80%99Education-Sexuelle-Comple%CC%81te-de-
Co%CC%82te-d%E2%80%99Ivoire-2016-2020.pdf
47 For example, the contraceptive prevalence rate (modern methods) increased from 14 percent in 2012 to 19 percent in 2018 (track20.org).
48 See DSSR/PF advocacy guide, p. 14.
Data gaps and limitations interdependence of individual freedoms and human rights
of all citizens without discrimination.
There are many policy documents that address the issue
of SRHR/family planning in a sectoral manner (youth, In conjunction with the Ministry of Education, the Ministry
adolescents, schools) but do not yet integrate the specific of Health has a national school and university health
needs of LGBTI people. In the reports and plans that have programme for young people (National School and
been reviewed there is a gap in access for transgender University Health Programme–Adolescents and Youth
populations to family planning and support for hormone Service). It aims to contribute to the physical, mental,
therapy. intellectual and social development of pupils and students
by offering them local health care. The programme is a
coordination structure whose mission is to contribute
Synthesized implications to the promotion of the health of pupils, students and
school staff by providing them with a range of preventive,
HIV and stigma programmes—and, therefore, the health
curative and promotional services to ensure their physical,
and justice sectors—are the most integrated for sexual
mental and social well-being. It manages health centres in
and gender minorities. With the NSP 2021–2025,
public schools.
transgender people are recognized as a priority group,
along with MSM; therefore, funding and efforts are mainly
absorbed by MSM programmes. Data sources
Interviews with stakeholders revealed that key actors Press report on the court decision, https://news.abidjan.
and government representatives working in the health net/articles/604120/justice-premiere-condamnation-pour-
sector, and particularly in HIV programmes, are generally pratique-homosexuelle-en-cote-divoire
more sensitive to the issues faced by sexual and gender
minorities and have a better understanding (and, Articles 4 and 8 of the Ivorian Constitution
therefore, better policy) of how addressing discrimination
Law No. 2016-886 of 8 November 2016, establishing the
is essential to improving service delivery and encouraging
Constitution of the Republic of Côte d’Ivoire, https://www.
help-seeking behaviour. Evidence-based data (epidemic
figures among LGBTI people) and the focus of key funding presidence.ci/constitution-de-2016/
partners on supporting the government in the response
to HIV would explain the progress made in this area. The Specific data
health sector and, to a greater extent, the justice sector
are gateways to implementation of the IGI. An interesting initiative to reach young people was
launched in Abidjan in July 2021 by the National School
and University Health Programme–Adolescents and
Country indicator 4: Official sex Youth Service in collaboration with the United Nations
education policies/plans Population Fund and the NGO Action Against Hunger.
This was the official launch of the ‘E-Health Youth’
application, which allows interactive communication for
Brief description young people and adolescents. The application includes
five modules (tips, a forum, chat, accountability and a
The school health policy is a broad and holistic education media library) allowing young people to have anonymous
policy. Underlying this general policy is the national and confidential access, without taboos and in real
programme for comprehensive education in Côte time, to information and education on health and SRH,
d’Ivoire.49 The government’s ambition is to offer young and to psychosocial support. It should be noted that
people and adolescents in and out of school adequate the content of the different modules does not contain
responses to their SRHR50 needs. The content of the appropriate references to different sexual orientations,
comprehensive health education programme comprises gender identities and human rights in relation to sexual
seven areas.51 Three axes to be highlighted that could be orientation.
entry points for the IGI are provision of SRH, promotion
of gender equality and equity, and human rights for
SRH and well-being. As it stands, their content does not Contextual analysis
contain proper reference to sexual and gender diversity,
or to human rights in relation to sexual orientation. This The implementation of sex and gender education in Côte
lack of an integrated approach by the government d’Ivoire still faces difficulties. Interviews with government
through these education programmes is indicative of the officials show that the majority of educators still lack
selective addressing of issues of equality, universality and specific training on gender issues (understood in the
broad sense to include sexual and gender minorities) and
49 Ministry of Education, ‘National Comprehensive Sex Education Programme’, https://www.prb.org/wp-content/uploads/2018/05/Programme-

National-de-l%E2%80%99Education-Sexuelle-Comple%CC%81te-de-Co%CC%82te-d%E2%80%99Ivoire-2016-2020.pdf.
50 Programme document, p. 16.
51 Programme document, pp. 18–19.
human rights. Add to this the existence of prejudices and them of promoting marriage for all. The President of
even embarrassment about talking openly about sexuality the Republic, as the guarantor of social cohesion, is the
to young people through interactive discussions. “We only one who has officially stepped forward to deny the
are still in a ‘teacher–pupil’ relationship.”52 These same rumours.54
prejudices also exist among parents, who are unable to
maintain and establish a dialogue with their children.53 In 2019, the reform of the Penal Code, which made it
possible to ‘delete’ the former article 360, which was
Two ministries coordinate the education and management deemed discriminatory by the United Nations Human
of SRH of young people and adolescents (Health and Rights Committee, did not give rise to much debate
National Education). They should be involved in any among the various parliamentary groups. As of 2019,
initiative, to ensure good coordination of interventions. there was good cooperation between the parliamentary
administration and AIDS organizations. With funding from
Data gaps and limitations the Global Fund (New Funding Model 2), training in LILO
and human rights has been initiated for parliamentarians.
Interviews with government officials working in the
However, these good initiatives should not obscure the
education policy space revealed a lack of policies that
fact that prejudices and other individual perceptions
are LGBTI-inclusive. Furthermore, there is a need for
among parliamentarians need to be addressed. During the
capacity-building of education sector officials on gender
interviews with parliamentarians for this report, members
and human rights issues, including LGBTI issues. The
of the Social and Cultural Affairs Committee expressed
socio-cultural context—still marked by considerable
conflicting views on IGI. Significant reservations about
stigmatization—calls for a strategy to be developed.
the appropriateness of this initiative based on ‘our’
cultural and religious values that condemn homosexuality
Synthesized implications were put forward: “Currently we are not proposing any
initiatives against homosexuality, but don’t ask us for
Comprehensive sexuality education is being carried out, more. We are African, and I for one without prejudice to
but cautiously, as it is not yet fully accepted by parents of the official position of parliament on this issue will never
students in the public school system. National education accept an open initiative for their social inclusion.”55
officials have the lead in implementing the programme.
An inclusive policy that goes beyond gender binaries
and stereotypes requires building the life skills and
Data sources
gender and human rights competencies of educators,
Training workshop for peer legislators on human rights
school leaders and cabinet members. It will also require
and HIV, https://www.ansci.org/alliance/activites_plus.
addressing misconceptions and mistrust of sex education,
php?num=146
and being highly sensitive to religion, culture and
traditions. Marc-André Boisvert, ‘Côte d’Ivoire: «Ici on rejette
l’homosexualité»’, La Presse, 6 April 2014, www.lapresse.
Country indicator 5: Parliamentary ca/international/afrique/201404/05/01-4754845-cote-
divoire-ici-on-rejette-lhomosexualite.php
speeches/parliamentarians
Specific data
Brief description
Parliamentarians across the political spectrum are involved
This discussion focuses on how the attitudes of in anti-stigma and anti-discrimination programmes through
parliamentarians to LGBTI rights and issues are reported HIV programmes, and they have voted to remove the
in newspapers or in the public sphere in Côte d’Ivoire. old article 360 from the Penal Code. This is an official
The researcher noted that LGBTI issues have not been recognition that LGBTI people are a vulnerable group
debated in parliament since the most recent reforms of whose issues need to be addressed.
the Penal Code in June 2019.
Contextual analysis
The researcher could not find any public statements or
positions in the press during the last 10 years. At the
Some parliamentarians demonstrated a willingness to be
height of the debate on the new Marriage Code in 2013,
accountable to sexual and gender minorities. The only
parliamentarians refrained from making public statements,
example of strong reticence during the interview with the
even though a large part of public opinion suspected
Social and Cultural Affairs Committee was from a Member
52 Interview with the Sub-Directorate for Gender and Equality, Ministry of Education.
53 SRH policy documents for young people/priority issues to be addressed, p. 14.
54 Marc-André Boisvert, ‘Côte d’Ivoire: «Ici on rejette l’homosexualité»’, La Presse, 6 April 2014, www.lapresse.ca/international/
afrique/201404/05/01-4754845-cote-divoire-ici-on-rejette-lhomosexualite.php.
55 Statement made by a Member of Parliament at the meeting between the researcher and the Social and Cultural Affairs Committee.
of Parliament from the ruling RHDP party speaking on Brief description

his own behalf, whose ‘traditional values’ opposed the
inclusion of LGBTI in any government policy. In general, There are few cases or court decisions in Côte d’Ivoire
Members of Parliament appear to avoid hate speech reported on the direct rights of LGBTI people. In the
and stigmatization in public, and support programmes to absence of an easily accessible database of court
combat stigma and discrimination in the context of HIV decisions, the researcher was unable to obtain an
and sexual health. exhaustive view of examples of LGBTI people being
involved in court proceedings in all Ivorian jurisdictions.
Data gaps and limitations However, interviews with LGBTI organizations consistently
revealed that LGBTI people were cited for cases related
The lack of access to speeches made in parliament made to common crimes or offences not explicitly related to
it difficult to conduct an in-depth analysis of parliamentary sexual orientation or gender identity (e.g. theft, pimping,
views on LGBTI issues. Nevertheless, the results reveal breach of trust, assault and battery, soliciting). Also, before
the public attitudes of some parliamentarians and their the reform of the Penal Code in July 2019, in the absence
involvement in CSO initiatives to combat LGBTI stigma of an express criminalization of homosexuality, one of
and discrimination, which were confirmed by the views the known court decisions was based on the former
expressed in the stakeholder interviews. article 360 to convict ‘homosexuals’56 under the charge
of ‘indecent assault’. Since this conviction there is no
It should also be noted that the framework and timing of known court decisions related to sexual or gender identity.
the meeting with the Members of Parliament did not allow The members of the LGBTI community who have been
in-depth discussion of relevant issues related to other remanded in custody are mainly charged with ‘soliciting’,
sectors of public and social life. However, on all issues ‘assault and battery’ or ‘blackmail’, specifically affecting
involving the lives or experiences of LGBTI people, the sex workers57 who are transgender or MSM.
Chair of the Social and Cultural Affairs Committee asked
to meet directly with LGBTI associations and/or networks Data sources
to understand their needs and the obstacles to their full
and complete inclusion in government programmes. Press report on the court decision, https://news.abidjan.
net/articles/604120/justice-premiere-condamnation-pour-
Synthesized implications pratique-homosexuelle-en-cote-divoire
LGBTI leaders and HIV programme managers were Articles 4 and 8 of the Ivorian Constitution
pleased with the willingness of parliament to support
anti-discrimination initiatives. However, all are aware Law No. 2016-886 of 8 November 2016, establishing the
that the social and cultural environment still determines Constitution of the Republic of Côte d’Ivoire, https://www.
parliamentarians’ individual attitudes. Parliamentary presidence.ci/constitution-de-2016/
groups do not have any official position on the subject.
If a more gradual change is to be achieved over the Specific data
next four years, it is recommended that the IGI find ways
to work closely with members of the administration Few cases related to sexual orientation or gender
(administrative staff) and parliamentarians to improve identity have been specifically tried in court. The Ivorian
their attitudes (through human rights education and Constitution guarantees a trial to all without discrimination.
awareness programmes). Working closely with and Same-sex/gender couples are marriages are not
providing information to parliamentary staff who support recognized in the country. However, sexual relations
the parliamentary standing committees (e.g. Social between consenting adults of the same sex are not
and Cultural Affairs Committee, Defence and Security criminalized.
Committee) was also identified as a key opportunity.
Contextual analysis
Country indicator 6: Court In the case tried in Sassandra, the Public Prosecutor’s
judgements/rulings Office retained the facts qualified as public indecency
and requested 18 months’ detention for two young MSM.
How have LGBTI rights been treated in and by This first in Côte d’Ivoire provoked reactions from the
LGBTI community and human rights defenders in the
the courts to date? country: “With this trial, we are afraid that the decision will
become a precedent within the judiciary and will awaken
homophobic feelings among some prosecutors as well
56 Tribunal of Sassandra, judgement No. 589/16: Public Prosecutor’s Office against XX and YY, accused of public indecency with a minor of 18 years
(not available online).
57 Court of Abidjan Plateau: Public Prosecutor’s Office Against XXX (transgender sex workers), accused of extortion, 25 February 2020.
as the community. This requires us to strengthen the official reports. Only the Ministry of Health, through the
partnership with the Ministry of Justice and to work on the National AIDS Control Programme (NACP), has data or
reform of Penal Law No. 58.” study reports in partnership with technical and financial
partners that highlight LGBTI health and violence.
Data gaps and limitations Although the Ministry of Justice is involved in the activities
of the HIV and Human Rights Observatory, it does not yet
This case was the only one of its kind in the last 10 years produce an official report on LGBTI human rights.
in Côte d’Ivoire. The researcher was aware of this case
at the time of the incident, as he was in charge of the Data sources
regional coordination of a project to promote and defend
the rights of key populations. This case alerted the key NSP 2016–2020 (in the absence of the latest NSP 2021–
actors that the favourable environment for LGBTI people 2025, not available online), https://www.unaids.org/sites/
appreciated by many observers could at any time be default/files/country/documents/CIV_2017_countryreport.
undermined by court decisions on the elements of the pdf
criminal law (former article 360 of the Penal Code) and
especially by latent ‘refusal’ of homosexual practice in the https://www.pnlsci.com/actualites/la-revue-
communities.59 programmatique-du-plan-strategique-national-2016-2020-
a-jacqueville-du-17-21-fevrier-2020/
Synthesized implications Multiple Indicator Cluster and Demographic Health
Surveys
No other issue specific to sexual and gender minorities
has been dealt with by the courts apart from the above- Enda Santé, ‘Biological and behavioural study of STIs,
mentioned case. However, in a context where the HIV and AIDS among men who have sex with men (MSM)
registries of the administrations/courts throughout the in the cities of Abidjan, Agboville, Bouaké, Gagnoa and
country are not connected, making it difficult for any Yamoussoukro’, 2016, https://endasanteci.org/images/
researcher to easily access court decisions and their rapport/rapport_IBBS_MSM_2015_2016.pdf
typology, it is difficult to obtain an accurate idea of
whether or not there have been convictions of gay men
or MSM on the periphery. The NGO Enda Santé Côte
Specific data
d’Ivoire, which hosts the human rights observatory in the
LGBTI issues are addressed in official Ministry of Health
context of the fight against HIV, is aware of this lack of
reports.
reliable data and has initiated and obtained funding from
the French Cooperation/Expertise France for a three-year
project called ‘Auxilium Legalis’, starting in September Contextual analysis
2021, in partnership with the Ministry of Justice, to create
a database of GBV cases involving key populations. This The fact that the only report found that addresses LGBTI
approach includes the compilation of court decisions in issues is from the Ministry of Health is significant. The IGI
which LGBTI people are mentioned. This represents an could build on this model of inclusion to develop activities
opportunity, and the development of the IGI programme and strategies for other government departments.
can consider strengthening this system to compile and
collect evidence from trials throughout the country. Data gaps and limitations
Country indicator 7: Official Access to reports and other data where the Ministry
of Health and Universal Health Coverage is involved
reports is particularly relevant to understanding how issues
associated with key populations (specifically MSM and
How has the inclusion of LGBTI people been addressed in transgender people) are addressed. The researcher was
official (state body) reports? unable to identify any other sectoral reports (online and
in interviews) from other government departments that
included data on the LGBTI community. Even though
Brief description
the Ministry of Family (in charge of gender) supports
the holistic management of LGBTI people within
The short answer to the guiding question for this indicator
the framework of the AIDS project implemented by
is that inclusion has not been significantly addressed in
organizations benefiting from support from the Global
58 Remarks made by Arthur, known as ‘grandmother’, an MSM leader who attended the trial on his return from Sassandra, during the debriefing
meeting held at the NGO Espace Confiance, which is responsible for the AIDES/AFD project on advocacy and human rights in Africa and the
Caribbean 2015–2019.
59 Chloé Mour, ‘La Côte d’Ivoire, un pays «gay-friendly» ?’, The Upstream Journal, 16 June 2017,
https://www.upstreamjournal.org/cote-divoire-gay-friendly/.
Fund, there is no policy or report on GBV that mentions UNG, member of the opposition platform EDS, manifesto,
LGBTI issues. An initiative has just been launched by the http://ung.ci/wp-content/uploads/2017/01/STATUTS-ET-
NACP for interoperability between the services in charge REGLEMENT-INTERIEUR-ADOPTES-A-LA-CONVENTION-1.
of monitoring and evaluation so that the national reports pdf
on GBV produced by the Ministry of Family include LGBTI
people. The IGI could be attentive to this initiative in Political landscape in Côte d’Ivoire, https://fr.wikipedia.org/
developing its activities. wiki/Politique_en_C%C3%B4te_d%27Ivoire
Christian Bouquet, ‘The Misuse of Democracy in

Synthesized implications Côte d’Ivoire’, https://journals.openedition.org/
espacepolitique/894
The lack of data in other government departments is
indicative of the way in which the government deals Agence pour le Commerce extérieur, ‘République de
with LGBTI issues and can be summarized by the phrase Côte d’Ivoire’, 2017, https://www.abh-ace.be/fr/pays-et-
‘tolerance but not visibility’. The usefulness of this statistiques/commerce-par-pays/cote-divoire
finding for the IGI’s programming is that it provides an
understanding of how far we still have to go. Government
services must first recognize problems before they can Specific data
address them.
Political party manifestos make no reference to LGBTI
people.
Country indicator 8: Political
parties/platforms Contextual analysis
The leaders of the ruling party do not comment on

What is the position of the main political the rights of LGBTI people. They endorse the relevant
parties on LGBTI rights and issues? provisions of the Constitution and the advances of
the Penal Code that do not criminalize homosexuality.
However, individually, the elected members of the party
Brief description
have their own opinions on the issue of LGBTI people;
the Honourable Koné Aboubakar, elected RHDP Member
Côte d’Ivoire is a secular State with a plural landscape
of Parliament for the constituency of Séguéla, believes
in terms of political life. The multiparty system has
that there are populations in the country that are more
been in force since 1990, and several political parties
vulnerable than LGBTI and should be supported.
democratically contest the votes of the population. Since
2010, following an election marred by a serious post- The members of the Social and Cultural Affairs Committee
electoral crisis, a coalition of parties grouped under the of the parliament are open to any initiative that would give
RHDP is in power. It represents 137 of the 255 seats in them a good understanding of the LGBTI landscape in the
the National Assembly. To its credit, having inherited country. It is important to continue to identify individual
a quasi-favourable legal environment, it oversaw the politicians who speak credibly about inclusion and those
revision of the Penal Code in 2019, removing the last legal who could potentially work against the IGI. The LGBTI
barriers discriminating against LGBTI people. The party in community and CSOs need to think about how to ensure
power can be considered quite progressive on the issue their presence in political party manifestos and policies,
by following up on the recommendations of the United whilst at the same time managing so-called ‘cultural and
Nations Human Rights Committee. religious sensitivities’.
No official party positions (government or opposition)
have been recorded on the issue of LGBTI rights, and no Data gaps and limitations
political party manifesto mentions the LGBTI community.
Parliamentarians of all persuasions who participate in No ‘official’ positions have been published by any political
activities initiated by NGOs to combat stigmatization party.
present themselves as members of the public, and not as
members of their political parties. Synthesized implications
Data sources Political parties in Côte d’Ivoire are engaged in a

rebuilding process after the great post-electoral crisis of
RHDP manifesto, https://docs.google.com/viewerng/ 2010–2011 and need to be fuelled by issues other than
viewer?url=https://www.rhdp.ci/sites/default/files/2019-01/ the general ‘traditional’ ones (poverty, unemployment,
ACCORD%2520POLITIQUE%2520RHDP.pdf infrastructure) to propose more inclusive political
programmes. Throughout this report the need to work
PDCI-RDA manifesto, http://pdcirda.ci/wp-content/ with parliamentarians, key political party cabinets and
uploads/2016/04/pdci_rda_statut.pdf key ministries and raise their awareness of LGBTI issues
has been stated repeatedly. Working with all parties Contextual analysis
(opposition and government) as allies and champions
could be a promising starting point. Many stakeholders The strongest existing coalition is the ROPC-CI, which
also suggested that it is not yet necessary to advocate federates associations of LGBTI people, sex workers and
for an official position from the ruling party in the current people who use drugs. Today it is open to working closely
context of tolerance, and that it would be better to with other organizations that offer services to LGBTI
continue to work in a behind-the-scenes way, so as not to people (friendly clinics, CSOs that receive funding to
risk awakening latent cultural and religious prejudices. address the issue of health and rights of LGBTI people).
Outcome 2: Capacity of LGBTI Data gaps and limitations
activists and allies to raise The researcher was unable to find official documentation
on the national gender policy review initiative at the time
awareness, influence the of finalizing this report.
decision makers concerned Synthesized implications

and hold the authorities to If IGI wishes to pursue a programme that will see effective
account cross-movement initiatives in Côte d’Ivoire, the researcher
recommends strengthening the existing network of key
populations. An essential part of the cross-movement
Country indicator 9: Joint inter- strengthening programme will be to conduct interviews
movement initiatives to influence and establish processes in the early stages of programme
design and implementation where ROPC-CI members can
the authorities and/or hold them contribute and give their views on what the alliance might
need to develop, strengthen and become more effective.
to account
Which projects/initiatives/structures exist?
Country indicator 10: Participation
of LGBTI activists in processes
Brief description related to broader rights,
In addition to what is being done in a remarkable way in development and gender equality
the field of health/HIV control, the process of revising the
gender policy in Côte d’Ivoire initiated by the Ministry of
issues
the Family, Women and Children should be noted as a
good opportunity to address the specific issues of sexual Are LGBTI activists/organizations involved
and gender minorities. in wider rights, development and gender
equality? Describe who/where/how.
The ROPC-CI, which includes LGBTI people, is an
organization of about 20 members that has gained
credibility to carry out advocacy on behalf of LGBTI Brief description
organizations. It benefits from funding from the main
partners in the fight against HIV (UNAIDS, the Global Many LGBTI organizations are active in the wider space
Fund, PEPFAR) and is represented in the Country of rights and development. To name but a few, Rights
Coordinating Mechanism. and Transgender Ivory Coast, FondyGender, Alternative
Côte d’Ivoire and Arc en ciel plus Côte d’Ivoire share
Data sources a common focus on defending constitutional rights
and are key partners in national HIV programmes that
ROPC-CI, https://www.facebook.com/pg/ provide SRH services to key populations. In addition,
reseaupopulationscles/posts/?ref=page_internal its leaders have been at the forefront of activism
against femicide, homophobia and GBV. Alternative
Côte d’Ivoire was involved in the drafting of the CSO
Specific data alternative report (UPR 2015) which led to the formulation
of the recommendations of the United Nations Human
The ROPC-CI is actively working to promote LGBTI Rights Committee. On transgender and gay rights, the
inclusion. organizations feed the human rights and HIV observatory
with a network of peer educators/paralegals and
strengthen the documentation and reporting of GBV. They
are also members of and are associated with the meetings
of the human rights and HIV TWG chaired by the DPJEJ of activists and organizations in broader rights, development
the Ministry of Justice. and gender equality could be achieved through capacity-
building and skills development activities. Identifying
Data sources the skills gaps and needs of LGBTI organizations and
individuals would be an interesting initial activity.
Alternative Côte d’Ivoire, https://www.alternative-ci.org/
qui-sommes-nous/ Country indicator 11: Allies of
FondyGender, transgender NGO, https://www.facebook. other movements involved in
com/pages/category/Community-Organization/
FondyGender-C%C3%B4te-dIvoire-113651120761970/ LGBTI inclusion processes
Transgender and Rights, https://transgenresetdroits.org/ Are allies from other movements involved in
Arc en ciel plus Côte d’Ivoire, https://www.facebook.com/ LGBTI inclusion initiatives/projects? If so, who,
arcencielplus/ where and how?
Specific data Brief description

LGBTI associations enjoy a favourable legal environment Allies are involved in initiatives aimed at the inclusion of
and have declarations of existence. They are already LGBTI people in Côte d’Ivoire. In June 2021, to promote a
involved in defining the national policy on HIV and other synergy of action for the benefit of LGBTI people (health,
vulnerabilities (GBV) alongside the Ministry of Health. promotion of human rights), identity-based organizations
that are not members of the ROPC-CI and those offering
Contextual analysis clinical, community and human rights services for the
benefit of LGBTI people agreed during a workshop with
Within civil society, LGBTI organizations are as vibrant the ROPC-CI to work together to integrate the network
as associations of PLHIV or mainstream organizations. of key populations. The vision of merging with diversity
The overlap between LGBTI and sex workers’ rights is of identity to better conduct advocacy was retained. A
also being addressed by sex workers’ organizations technical committee in charge of drafting the statutes
and LGBTI organizations, and the latter are often at the and regulations of this new approach of the ROPC-CI is at
forefront of work on sex workers’ rights, and vice versa, work.
as many transgender and gay people do sex work. The
Alliance Côte d’Ivoire, the principal recipient of funds for
organizations lack the technical skills to engage in the
the community component of the Global Fund, grants
fight against harmful cultural practices and traditional
funding to the ROPC-CI to improve its coordination efforts.
beliefs. More generally, they need to build expertise on
In addition, the funding enables the running of a human
the subject of human rights in general and advocacy.
rights observatory (Observatory for Human Rights and HIV
The Sustainable Development Goals are still not well
in Côte d’Ivoire), which monitors and documents cases
understood by LGBTI organizations; therefore, they need
of violence against key populations. This community
to become more involved with other ministries to define
monitoring mechanism is carried out in close collaboration
their general policy.
with LGBTI organizations that are beneficiaries of Global
Fund funding.
It is also worth noting that in recent years the CNDH-CI
The researcher was unable to gather other examples of has been involving and inviting LGBTI identity associations
platforms and spaces in which LGBTI activists are included to its activities. We can only deplore the fact that this
and involved. institution’s annual reports do not show the state of
violence and denial of rights suffered by LGBTI people.
Synthesized implications LGBTI organizations are currently lobbying the CNDH-CI in
this regard.
It is significant that groups and individuals are not only
active but also welcomed in non-LGBTI civil society The Ligue Ivoirienne des Droits de l’Homme, a general
processes that deal with broader rights. Groups are human rights organization, works with LGBTI organizations
members, and this shows that the LGBTI community and to defend and protect their rights. In partnership with the
people are not excluded from the human rights space of NACP since 2018, it hosts an online reporting site (www.
civil society or isolated in their own human rights work. protectionpourtous.ci) for cases of violence suffered by
It also shows the intersectionality of LGBTI rights work PLHIV and members of key populations, including MSM
in Côte d’Ivoire. Strengthening the involvement of LGBTI and transgender people.
Data sources most consistent allies for the LGBTI movement remain
the organizations representing other key populations (ie
Ivorian League for Human Rights (Ligue Ivoirienne des sex workers and people who use drugs), and those that
Droits de l’Homme), https://lidho.ci/ receive grants from the Global Fund and CDC-PEPFAR
for the implementation of human rights programmes (eg.
Alliance Côte d’Ivoire, https://ansci.org/alliance/index.php GBV, the observatory for human rights, education and
advocacy).
Specific data
Through advocacy and the strategy of building allies
Allies from mainstream human rights organizations are among ‘service providers’, the involvement of officers
involved in LGBTI inclusion initiatives/projects. in the defence and security forces and social workers is
notable in the provision of non-discriminatory services.
Focal points are trained to facilitate access to justice and
Contextual analysis social support in a manner that does not discriminate
against LGBTI people.
The most consistent allies for the inclusion of LGBTI
people can be found in civil society involved in the The researcher recommends exploring ways in which the
response to HIV. Generally speaking, these are CSOs trade union movement could also address LGBTI issues,
under Ivorian or foreign law that are beneficiaries of grants and seeking potential allies within the movement.
from the Global Fund and the CDC-PEPFAR/United States
Agency for International Development. We also note the
commitment of the first general human rights organization Outcome 3: Inclusion,
(Ligue Ivoirienne des Droits de l’Homme) to support LGBTI
people over the past five years. participation, representation
In the framework of the implementation of the Global Fund and influence of the diverse
HIV/TB grant, a pool of friendly lawyers was formed by the
sub-recipient in charge of human rights, the NGO Enda
LGBTI populations of Côte
Santé. This pool of lawyers is an important lever for IGI in
enabling a multisectoral approach to LGBTI inclusion.
d’Ivoire and their allies in
These CSOs advocate strongly for the inclusion of
relevant policy- and decision
sexual and gender minorities in all the work they do. making
Intersectional approaches to gender equality work do not,
however, extend to the whole of society.
Country indicator 12: Participation
In government spaces, the National Observatory for
Equality and Gender (ONEG),60 created in 2019 and of LGBTI populations in
housed at the Prime Minister’s Office, for example, still policymaking processes
does not officially recognize sexual and gender minorities
and, therefore, considers that gender equality consists of
balancing the power relations between men and women, Are LGBTI communities involved in
boys and girls. There is no reference to or recognition of policymaking? Describe who/where/how.
sexual and gender minorities in the gender policy or the
national action plan against GBV. Brief description
Data gaps and limitations The Country Coordinating Mechanism for HIV, TB and
malaria serves as the coordinating and oversight body
The researcher was unable to find other examples of for the implementation of all Global Fund grants. Key
where allies came together to support LGBTI inclusion populations are represented on the Country Coordinating
processes (such as Pride marches, sharing campaign Mechanism and according to the statutory provisions.
materials and participating in public events and dialogues).
Key populations—in particular, LGBTI people—are involved
in the definition and implementation of the national
Synthesized implications
AIDS policy. Within the NACP there are TWGs for each
programme area, and LGBTI organizations are members.
Movements, organizations and initiatives that deal with
More specifically, there is a TWG for highly vulnerable
gender issues, at least within civil society, are beginning
populations.
to take a more inclusive and intersectional approach. The
60 See http://www.famille.gouv.ci/public/documents/doc_drcc/Decret_2019-592_portant_creation_attributions_organisation_et_fonctionnement_
de__ONEG.pdf.
Within the Ministry of Justice, through the DPJEJ, there is The involvement of LGBTI populations in policymaking
a human rights TWG that brings together, among others, processes is mainly in the context of HIV programmes
the LGBTI organizations that are members of the ROPC- and policies, and to a lesser degree with the Ministry of
CI. They contribute to the reflection and exchanges Justice. MSM and transgender people are a priority target
aimed at removing all legal barriers or barriers linked to for the NACP. LGBTI representation, however, is not visible
various forms of violence, to promote access to basic in other official sectors and structures. Ministries and state
social services. The development of the latest NSP was offices may invite civil society to comment on or contribute
influenced by the effective participation of the ROPC- to policy, and these gatherings may include organizations
CI and its MSM and trans organizations throughout the led by LGBTI people, but this is more on an ad hoc basis.
process until the plan was validated in 2020. The involvement of LGBTI groups in other sectors and
in more formal structures will allow for greater inclusion,
In August 2021, for example, LGBTI associations including beyond the health sector.
associated with the NACP informed the development of
the national technical guide for programmatic mapping
of key populations (specifically sex workers, MSM, Country indicator 13: Coordination
transgender people and people who use/inject drugs),
which aims to harmonize methods and strategies for the
of advocacy and political
programmatic mapping of key populations and equip messages among LGBTI groups
actors to ensure better targeting.61
(to influence laws, policies or
During the interviews, LGBTI leaders considered it programmes)
deplorable that there are no direct links with the Ministry
of Family, Women and Children to participate in the
elaboration of the different strategic documents on Is there coordinated advocacy and policy work
equality, equity and gender. The IGI could support such by LGBTI groups? Describe who/where/how.
a project as part of the definition of the intervention and
implementation framework of the national gender policy.
Brief description
Data sources Within the wider LGBTI movement, which includes gay
and transgender sex workers, there are few if any
NACP workshop with the participation of LGBTI coordinated advocacy strategies. Most of the advocacy
organizations, https://www.pnlsci.com/actualites/atelier- is carried out in a coordinated manner by the ROPC-CI, a
delaboration-du-cadre-de-resultat-du-psn-2021-2025- network that brings together all key populations. Among
de-lutte-contre-linfection-des-ist-du-vih-du-sida-en-cote- the LGBTI community, lesbians and intersex people
divoire-du-03-au-06-mars-2025-a-jacqueville/ (who are not very visible at either an organizational or
an individual level) are not part of the so-called ‘key
Specific data populations’ in Côte d’Ivoire; therefore, they are not
members of the ROPC-CI and are not involved in the
The extent to which LGBTI communities are involved in network’s advocacy work. Technical and financial support
policymaking from development partners is structured as direct support
to the ROPC-CI on behalf of the communities it represents.
Contextual analysis
Data sources
Most of the findings are relevant to the HIV programming
space and highlight the need to learn from the progress UNAIDS, Ministry of Justice and Global Fund, ‘Five-Year
made in the health sector and, to a lesser extent, the Action Plan on Human Rights and HIV’ (not available
justice sector, and extend them to other sectors. The online)
lessons learned are numerous.
ROPC-CI Annual Action Plan (not available online)
Specific data
All the results reported in this section were obtained
through stakeholder interviews and the literature review. The ROPC-CI leads the coordination of national advocacy
on behalf of the LGBTI movement, with the fight against
HIV as the entry point.
61 See the FondyGender Facebook page, https://www.facebook.com/pages/category/Community-Organization/FondyGender-C%C3%B4te-

dIvoire-113651120761970/.
Contextual analysis Specific data
The different entities of the LGBTI movement appear Coordination of advocacy and policy work between LGBTI
to come together when opportunities arise to influence groups and other development actors. Working within
policies and programmes related to their specific identity. the human rights and HIV TWG, there is a need for policy
Where funding is available, advocacy and policy work is advocacy for the reform of the HIV law - which dates from
more likely to be coordinated and led by the ROPC-CI. 2014 – and to develop a coherent national strategy.
Data gaps and limitations Contextual analysis

No other groups were identified during the critical Coordinated efforts seem to occur more outside the
stakeholder interview. specific LGBTI (health and human rights) space. The
researcher was unable to investigate further within
Synthesized implications the LGBTI groups to find advocacy activities within
the movement specifically. There is a need to further
There is a need to support the ROPC-CI in establishing investigate this aspect.
mechanisms that will allow for the coordination of
advocacy and policy work in relation to the inclusion of Data gaps and limitations
LGBTI people in Côte d’Ivoire. Political advocacy needs to
be defined. Most of the findings reported in this section were
obtained through the stakeholder interview process. It
is recommended that they are verified and, if possible,
Country indicator 14: Coordination official reports from leading LGBTI (Alternative Côte
of advocacy and policy messages d’Ivoire, Arc en ciel plus) and, especially, lesbian
associations should be examined to understand their level
between LGBTI groups and other of involvement.
development actors (to influence
law, policy or programming)
Activities that see coordinated advocacy and political
Is there coordinated advocacy and policy work messaging between LGBTI groups and other development
between LGBTI groups and other development actors (to influence law, policy or programming) will be
welcomed within civil society. There are opportunities
actors? Describe who/where/how. to strengthen existing links and alliances. The ROPC-CI
is a key actor that can help facilitate efforts. Within the
Brief description Ministries of Justice and Health, there is an openness and
understanding of the importance of inclusion in policy.
There have been recent coordinated efforts by LGBTI
groups in partnership with other development actors to
influence law, policy and programmes. These processes Country indicator 15: Official
include the review of outdated laws (aspects of the HIV policies/strategies by sector
law related to the criminalization of HIV transmission and
disclosure of HIV status), and reflection on an institutional (poverty, gender equality, health,
framework for sex work instigated by Alliance Côte
d’Ivoire under the coordination of the human rights and
justice, education)
HIV TWG of the Ministry of Justice in 2020.
Which policies exist in the different sectors
Prior to this, in 2015, Alternative Côte d’Ivoire—working that relate to LGBTI inclusion (by sector if
for the LGBTI movement—joined forces with the human possible)?
rights NGO Ligue Ivoirienne des Droits de l’Homme and
the NGO Espace Confiance to draft an alternative report
for the UPR/International Covenant on Economic, Social Brief description
and Cultural Rights. The submission of its report led to the
relevant recommendations of the United Nations Human The researcher was unable to find an official policy or
Rights Committee to reform the former article 360 of the plan (apart from those related to HIV and key populations)
Penal Code, which discriminated against LGBTI people. that directly addresses LGBTI people. There are, however,
policies and strategies that speak of universal rights for
all Ivorians. The three-year National Human Rights and
Data sources
HIV Plan led by the Ministry of Justice includes strategies
that hope to see first responders (service providers) being
UPR 2015 alternative report (not available online)
empathetic (non-judgemental, caring) and inclusive (non- Synthesized implications

discriminatory, leaving no one behind)..
A stakeholder from a ministerial cabinet said that the
Equitable access to health services is a primary objective subject of LGBTI issues has never been discussed
of the Ministry of Health. This is reflected in article 18 of strategically at cabinet level, let alone included in strategic
the HIV law. The Ministry of Education has many plans and planning. She stated that she was almost certain that other
policies that reiterate that every child in Côte d’Ivoire has ministerial cabinets apart from health did not mention this
the right to education, but none of them mention LGBTI topic. Given the socio-cultural constraints and to avoid a
learners or their specific needs and challenges. possible ‘boomerang’ effect, many state actors argue that
the IGI should focus primarily on education programmes,
Data sources such as the Ministry of Education’s comprehensive sex
education programme, and training programmes for
United Nations Population Fund, ‘Côte d’Ivoire: health service providers, the judiciary, the police and
Documentation du Processus de Mise en Oeuvre de social workers. This strategy should be complemented by
l’Education Sexuelle Complète’, https://wcaro.unfpa.org/fr/ the ‘Know your rights’ education programmes.
publications/c%C3%B4te-divoire-documentation-du-
processus-de-mise-en-oeuvre-de-leducation-sexuelle The human rights and HIV observatory should be
strengthened to produce quality evidence to serve as
Ministry of Women, Family and Social Affairs, ‘Summary an advocacy tool and to raise awareness of the harm
of the National Document on Equal Opportunities, Equity and human rights violations that result from the failure
and Gender’, https://knowledge.uclga.org/IMG/pdf/ to address LGBTI issues and needs in national policy.
resumedudocumentdepolitiquenation IGI’s programmes and activities can assist human rights
alesurlegalitedeschanceslequiteetlegenre.pdf defenders and LGBTI leaders to clearly define the needs
for inclusive policy reform.
Advisory Group, ‘National Development Plan 20162020’,
summary on emergence, http://www.caidp.ci/uploads/
506b0bce6be504b64d5359c6407cd7df.pdf Outcome 4: Use of African
Ministry of Justice and Public Liberties/UNDP, ideas, evidence and
‘Legal Environment Assessment’, July 2018, https://
hivlawcommission.org/wp-content/uploads/ innovations that support
2018/11/COTE-DIVOIRE-LEA-RAPPORT-FINAL.pdf
LGBTI-inclusive governance
Specific data and related work
National HIV policies consider LGBTI people as a
vulnerable group and include strategies to address their Country indicator 16: Country-
needs and concerns.
specific knowledge products
Contextual analysis related to LGBTI inclusion
The fact that only one official government policy/strategy Which country-specific knowledge resources
(the NSP) directly recognizes sexual and gender minorities would be most useful to the IGI’s work in the
and considers strategies for their inclusion is indicative of
the extent to which LGBTI people are not yet fully included country to promote LGBTI inclusion?
in Côte d’Ivoire. If documents such as the National Action
Plan against GBV do not explicitly address the specific Brief description
needs of LGBTI people, it is not possible to fully protect
these communities. The observatory of human rights and HIV coordinated
by the NGO Enda Santé with funding from Alliance Côte
Data gaps and limitations d’Ivoire has been centralizing data on various violations
of the rights of key populations for two years. It has a
The researcher was unable to review all policies and database that can be used to understand the causes of
plans in all sectors and recommends that the IGI engages violence, the types of violence, the services available and
its partners to identify relevant policies and plans for their limitations. Alliance Côte d’Ivoire and its partners
consideration. have also developed tools, legal guides, leaflets and other
flyers for community education and public awareness. It
implements the only training/awareness-raising toolkit/
programme, which is LILO.
UNDP and the Ministry of Justice have commissioned Enda Santé, ‘Programmatic Mapping and Size Estimation
a training manual on HIV-related human rights for key of MSM in Abidjan using the advanced PLACE method’,
actors (law enforcement, health professionals, journalists, https://www.fhi360.org/sites/default/files/media/
community groups etc.), which was validated at the end of documents/resource-linkages-cote-abidjan-french-place-
2020 but has not yet been implemented. april%202017.pdf
The NACP has a database of anti-stigma and anti- United Nations Human Rights Committee, ‘Final
discrimination awareness messages. Its ‘highly vulnerable Observations concerning the initial report of
populations’ department has just initiated a process of Côte d’Ivoire’, Geneva, 28 April 2015, http://
developing a human rights training manual, intended to docstore.ohchr.org/SelfServices/FilesHandler.
improve the performance of health professionals. ashx?enc=6QkG1d%2FPPRiCAqhKb7yhssHwKY8fdRFym
%2Bhdogi7mzKsPQb1anLFdzgB6sf6TRQJhJ42bNI0y
The researcher was unable to visit the information units of IgZtbiSfCUA882bCUtdnN5BH9lCy54oe95YjY95DjpF1jQ
the LGBTI associations and access all the tools available. FzIYaYfwG
The director of Alternative Côte d’Ivoire stated that the
NGO has also developed awareness-raising tools and
Specific data
participated in the elaboration of sectoral reports on
LGBTI people.
Development and use of country-specific knowledge
The researcher was able to identify numerous publications resources
on the status of LGBTI people:
Contextual analysis
• Online resource kit on the status of LGBTI people in
Côte d’Ivoire, https://www.ucalgary.ca/sw/ramsay/ National research coordinated by the government is
africa/ivory-coast-cote-d-ivoire.htm notable mainly on the issue of HIV but rather limited
in other areas. However, there are several resources
• Kahofi Jischvi Suy, ‘Soigner les LGBTQI+ de Côte available produced by NGOs and independent
d’Ivoire, un défi pour la Clinique de Confiance’, BBC researchers/academics. There are also innovative and
Africa, 6 November 2019, https://www.bbc.com/ exciting social media platforms that create safe spaces
afrique/region-50309174 for LGBTI-led dialogue and highlight and normalize LGBTI
experiences in the media (see https://emmalinfos.com/).
• Maureen Grisot, ‘In Côte d’Ivoire, a “silent
homophobia”. The association Alternative-Côte
d’Ivoire defends the rights of LGBT people in a Data gaps and limitations
society that is very hostile to them’, Le Monde, 14
February 2014, https://www.lemonde.fr/afrique/ What is listed here provides a variety of resources.
article/2014/02/14/en-cote-d-ivoire-une-homophobie- The indicator framework calls for the materials to be
silencieuse_4366455_3212.html used for training/awareness-raising of decision makers.
In interviews with critical stakeholders, only the LILO
In terms of academic research, extensive research has programme (facilitated by Alliance Côte d’Ivoire) was
been carried out by Professor Konan Sylvain Kouadio, PhD mentioned, and many people felt that it would be useful
on homosexuality and the decriminalization of ‘morals’ to invest in updated and adapted tools. Initiatives by the
at the University Félix Houphouët Boigny (not available Ministries of Justice and Health for training modules on
online). human rights and HIV are not yet operational.
Data sources Synthesized implications
Multiple Indicator Cluster and Demographic Health Having an up-to-date inventory of resources is useful
Surveys for planning activities. It also clearly shows where the
gaps are—for example, the need for more government-
Enda Santé, ‘Biological and behavioural study of STIs, led evidence on GBV, discrimination and other rights
HIV and AIDS among men who have sex with men (MSM) violations against LGBTI people.
in the cities of Abidjan, Agboville, Bouaké, Gagnoa and
Yamoussoukro’, 2016, https://endasanteci.org/images/
rapport/rapport_IBBS_MSM_2015_2016.pdf
References | 31
References
Data sources
Government laws
Law No. 2016-886 of 8 November 2016, establishing the Constitution of the Republic of Côte d’Ivoire, https://www.
presidence.ci/constitution-de-2016/
Law No. 781 of 12 October 2016 establishing the modalities of application of Law No. 72-833 of 21 December 1972 on
the Code of Civil, Commercial and Administrative Procedure relating to legal aid, https://admin.juriafrica.com/lex/decret-
2016-781-12-octobre-2016-29877.htm
Law No. 2019-574 of 26 June 2019 on the Penal Code, http://www.famille.gouv.ci/public/documents/doc_drcc/loi_2019

574_portant_code_p%C3%A9nal.pdf
Law No. 2014-388 of 20 June 2014 on the promotion and protection of human rights defenders, https://ci-ddh.org/loi-n-
2014-388-du-20-juin-2014-portant-promotion-et-protection-des-defenseurs-des-droits-de-lhomme/
Law No. 2014-430 of 14 July 2014 on the prevention, protection and repression regime in the fight against HIV and
AIDS, https://www.ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_isn=96421
Ivorian Labour Code, 13 May 2017, https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/105179/128593/F776982909/Le-

code-du-travail-ivoirien-13-05-17.pdf
National Human Rights Council (CNDH-CI), https://cndh.ci/accueil/
Specific data
United Nations General Assembly, Report of the Working Group on the Universal Periodic Review, A/HRC/32/4, 15 April
2016, https://www.right-docs.org/download/42600/
Ministry of Health and Universal Health Coverage, National Mother and Child Health Programme
(PNSME), National Sexual, Reproductive and Child Health Policy (May 2020), http://pnsme.ci/admin/docs/
politiquenationalemreetenfant2020.pdf
NGO Equipop, ‘Côte d’Ivoire on the march for sexual and reproductive health rights: Guide to advocacy’, https://
equipop.org/publications/guide_plaidoyer_DSSR_RCI.pdf
Ministry of Education, National Comprehensive Sex Education Programme, https://www.prb.org/wp-content/

uploads/2018/05/Programme-National-de-l%E2%80%99Education-Sexuelle-Comple%CC%81te-de-Co%CC%82te-
d%E2%80%99Ivoire-2016-2020.pdf
Ministry of Health, National Strategic Plan for Adolescent and Youth Health, https://scorecard.prb.org/wp-content/
uploads/2018/05/Plan-Strate%CC%81gique-National-de-la-Sante%CC%81-des-Adolescents-et-des-Jeunes-2016-2020.-
Co%CC%82te-d%E2%80%99Ivoire.pdf
Ministry of Youth Promotion and Employment, National Youth Policy and Strategies, http://www.jeunesse.gouv.ci/sites/
default/files/politique-nationale-a-la-jeunesse.pdf
Ministry of Health and Public Hygiene, HIV Prevention and Treatment Guidelines, 19 April 2019, https://www.
differentiatedservicedelivery.org/Portals/0/adam/Content/WU-wkAckZkSi4dTtBWh8DA/File/Cote%20d’Ivoire_HIV%20
Prevention%20&%20Treatment%20Guidelines_2019.pdf
Training workshop for peer legislators on human rights and HIV, https://www.ansci.org/alliance/activites_plus.php?num=146
Marc-André Boisvert, ‘Côte d’Ivoire: «Ici on rejette l’homosexualité»’, La Presse, 6 April 2014, www.lapresse.ca/
international/afrique/201404/05/01-4754845-cote-divoire-ici-on-rejette-lhomosexualite.php
Press report on the court decision, https://news.abidjan.net/articles/604120/justice-premiere-condamnation-pour-

pratique-homosexuelle-en-cote-divoire
National AIDS Strategic Plan 2016–2020 (in the absence of the latest 2021–2025 unavailable online), https://www.
pnlsci.com/actualites/la-revue-programmatique-du-plan-strategique-national-2016-2020-a-jacqueville-du-17-21-
fevrier-2020/; https://www.unaids.org/sites/default/files/country/documents/CIV_2017_countryreport.pdf
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cities of Abidjan, Agboville, Bouaké, Gagnoa and Yamoussoukro’, 2016, https://endasanteci.org/images/rapport/rapport_
IBBS_MSM_2015_2016.pdf
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ACCORD%2520POLITIQUE%2520RHDP.pdf
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REGLEMENT-INTERIEUR-ADOPTES-A-LA-CONVENTION-1.pdf
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C%C3%B4te-dIvoire-113651120761970/
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UNDP HIV, Health & Development team, Africa

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Inclusive Governance Initiative

UNDP (2022). Inclusive Governance Initiative: Côte d’Ivoire Baseline Report.

Learn more at undp.org or follow at @UNDP.

Copyright © UNDP 2022.

UNDP HIV, Health & Development team, Africa.

Summary of implications and way forward 12

CNDH-CI National Human Rights Council of Côte d’Ivoire

CSO Civil society organization

DPJEJ Directorate of Judicial Protection of Children and Youth

GBV Gender-based violence

HIV Human Immunodeficiency Virus

IGI Inclusive Governance Initiative

LGBTI Lesbian, gay, bisexual, transgender and intersex

LILO Look In Look Out

MSM Men who have sex with men

NACP National AIDS Control Programme

NGO Non-governmental organization

NSP National Strategic Plan

PLHIV People living with HIV

RHDP Rassemblement des Houphouëtistes pour la Démocratie et la Paix

SRHR Sexual and reproductive health and rights

STI Sexually transmitted infection

TWG Technical Working Group

UNAIDS Joint United Nations Programme on HIV/AIDS

UNDP United Nations Development Programme

UPR Universal Periodic Review

Demographic indicators Real GDP growth rate + 7.7%

1 https://www.worldometers.info/world-population/cote-d-ivoire-population/, accessed 9 September 2021.

Although they can be considered politically coordinated

Themes Main challenges

• improving the understanding of health providers and defence and

• strengthening interventions in all districts to reduce discrimination

• Strengthening legal and judicial assistance to key populations and

• Increasing the knowledge of PLHIV and key populations about their

• Strengthening the promotion of the HIV law, reforming inappropriate

• Strengthening the reporting tool for cases of violence against PLHIV

Achievements include: The NSP on HIV 2021–2025 recognizes that these

the inclusion of MSM care in all public health facilities

There are specific knowledge products at country Summary of implications and

and accountable to sexual and Contextual analysis

allied to the economic vulnerability of lesbian and bisexual

Synthesized implications • to autonomy of will/consent to medical acts (art. 5,

43 United Nations General Assembly Resolution 53/144 of 9 December 1998.

Côte d’Ivoire is experiencing a certain trend in favour https://www.differentiatedservicedelivery.org/Portals/0/

49 Ministry of Education, ‘National Comprehensive Sex Education Programme’, https://www.prb.org/wp-content/uploads/2018/05/Programme-

of Parliament from the ruling RHDP party speaking on Brief description

Christian Bouquet, ‘The Misuse of Democracy in

The leaders of the ruling party do not comment on

Data sources Political parties in Côte d’Ivoire are engaged in a

Outcome 2: Capacity of LGBTI Data gaps and limitations

decision makers concerned Synthesized implications

Specific data Brief description

61 See the FondyGender Facebook page, https://www.facebook.com/pages/category/Community-Organization/FondyGender-C%C3%B4te-

Contextual analysis Specific data

Data gaps and limitations Contextual analysis

empathetic (non-judgemental, caring) and inclusive (non- Synthesized implications

Data sources Synthesized implications

Law No. 2019-574 of 26 June 2019 on the Penal Code, http://www.famille.gouv.ci/public/documents/doc_drcc/loi_2019