Criminalisation commenced under the colonial rule of the British. The Criminal Code provides penalties of prison terms of up to fourteen years. In , the country amended its code to impose even harsher penalties of life imprisonment for "aggravated" cases. The gender expression of transgender individuals is also legally restricted in the country. While the United States Department of State [ 4 ] reports that the laws against homosexual activity are not "actively enforced", arrests have occurred; the NGO Human Rights Watch , reports regular organised actions by law enforcement against persons suspected of homosexuality and gender non-conformity.
Anti-gay rhetoric from leaders β notably by Yahya Jammeh , the president until β has contributed to a hostile environment for LGBTQ persons, who are subject to official and societal harassment and abuses. There are laws against men dressing as women, effectively discriminating against transgender women. The Gambia makes no provision for any official change of gender for its citizens and has no discrimination protections in place.
Statements from government sources including the current president Adama Barrow , indicate there are no plans for any liberalisation of laws regarding homosexuality. The criminalisation of same-sex sexual conduct began [ citation needed ] in Gambia's colonial era, when it was under British control as the Gambia Colony and Protectorate.
The colonial Criminal Code of Gambia was implemented in ; its provisions, proscribing consensual sexual activity between males as "carnal knowledge against the order of nature" have remained in force to the present. The Gambia does not allow citizens to change their legal gender. Since , the country has restricted freedom of gender expression under section of the Criminal Code, which forbids men to dress "as women"; cross-dressing is punishable by up to 5 years in jail or a fine of 50, Gambian dalasi.
The Gambia has no law or regulation in place for protection of residents against discrimination based on sexual orientation or gender identity. Two Spanish men in their 50s, alleged to be gay, were arrested by Gambian police and detained at Kotu police station in June The sources further said the drivers asked the Spanish to wait, that they were going to search for homosexuals.
