C. Principal areas of concern and recommendations
Discrimination based on sexual orientation
8. The Committee is concerned about reports that lesbians, gays, bisexuals and transgender persons are subjected to discrimination, harassment, threats of physical violence and intimidation and about the impunity enjoyed by the perpetrators of such acts. The Committee is concerned, in particular, about the provisions of article 360 of the Criminal Code, which provides for an aggravation of the minimum penalty prescribed for “gross indecency” when such conduct “consists of an indecent or unnatural act with an individual of the same sex” (arts. 2 and 26).
The State party should enact a general law against discrimination with a view to incorporating the prohibition of discrimination included in the Covenant and enshrined in the Constitution. The State party should also take the necessary steps to protect lesbians, gays, bisexuals and transgender persons against all forms of discrimination, intimidation and violence. The State party should amend the provisions of article 360 of the Criminal Code and any other provision of its criminal legislation that discriminates against persons because of their sexual orientation.
Link to full text of the report: Concluding Observations-CCPR-Cote d’Ivoire-2015-eng