Madagascar Rejects Recommendations to Fight LGBTI+ Discrimination

LGBTI+ groups in Madagascar have strongly criticised their government for rejecting United Nations recommendations aimed at tackling discrimination against queer people.

The recommendations were made as part of the southeastern African island nation’s 2025 Universal Periodic Review – a process through which the UN Human Rights Council evaluates the human rights records of all member states.

Under Madagascar’s Penal Code, same-sex sexual activity is only legal for those over the age of 21. Anyone below that age may face up to five years in prison. The age of consent for heterosexual sex is 14.

Rejected Recommendations

The three recommendations rejected by the Malagasy government were:

• 121.42 Adopt necessary measures to prevent, combat and prosecute all forms of discrimination, violence and hate speech against LGBTI persons (recommended by Spain);
• 121.43 Take concrete steps to prevent and combat discrimination based on sexual orientation and gender identity and violence against LGBT individuals (Switzerland);
• 121.44 Amend Article 331 of the Penal Code to ensure that the age of consent is equal for all, regardless of sexual orientation (Iceland).

Madagascar was called upon to respond to these recommendations at the 59th session of the UN Human Rights Council, held from 16 June to 3 July 2025.

The government noted the recommendations but claimed that they conflicted with Malagasy customs and national laws and therefore declined to adopt them.

LGBTI+ Organisations Condemn the Decision

In a joint statement, six LGBTI+ organisations — Madagascar LGBT+, Men Engage, Justice Égalitaire, Divers’ Unité, Mifoha Olo Mazoto and Queer Place — condemned the government’s response.

They argued that the Malagasy Constitution, in its preamble, calls for “the elimination of all forms of injustice, corruption, inequality and discrimination,” and asserted that the rejected recommendations were fully aligned with this constitutional principle.

“We firmly believe that Malagasy customs do not justify hatred, violence, or discrimination against any citizens, regardless of their gender identity or sexual orientation,” said the groups.

They added that, “Refusing to take action is therefore a failure to uphold the constitutional guarantee of human security and legal equality, and goes against human rights.”

No Call for Same-Sex Marriage

The organisations also addressed and refuted misleading media coverage that falsely claimed the recommendations sought to legalise same-sex marriage in Madagascar.

“The protection of LGBTQIA+ people is not a privilege, but a necessity for social justice, safety and human dignity. Failing to act is to entrench impunity and condone violence,” the statement read.

LGBTI+ people in Madagascar face discrimination and stigma and enjoy very limited legal protection. Same-sex relationships are not legally recognised, and adoption rights are restricted to heterosexual couples.