This piece reads the legal map as it actually stands in mid-2026, organised by the level of legal risk a traveller faces. The 180 country guides on Warnely each carry a per-country LGBTQ+ status line (see for example the Singapore guide), and the dataset behind that field is the basis of what follows.
The countries with criminal penalties for same-sex relations
ILGA World tracks 64 UN member states that criminalise consensual same-sex sexual activity between adults as of 2026. The legal regime varies considerably.
Death penalty as a possible sentence (11 countries): Iran, Saudi Arabia, Yemen, Mauritania, parts of Nigeria, Somalia (specifically Jubaland), Brunei, the United Arab Emirates (under federal interpretation), Qatar (theoretical, not enforced on tourists), Afghanistan, Pakistan (where it varies by province). In practice, executions specifically for same-sex relations are rare outside Iran and Saudi Arabia, but the legal exposure for travellers is real. Travel insurance is voided in active conflict zones and may be voided in any country where the policy excludes 'travel against FCDO/State advice'.
Long prison sentences possible (10–14 years or more): Uganda (after the 2023 act), Tanzania, Zambia, Kenya, Nigeria (in northern states), Ethiopia, Sudan, Egypt (via 'debauchery' charges rather than direct criminalisation), Algeria, Morocco, Tunisia, Libya, Guyana, Antigua and Barbuda, Saint Lucia, Saint Vincent and the Grenadines, Grenada, Trinidad and Tobago, Barbados (struck down by court but contested), Jamaica, parts of Indonesia under regional ordinances.
Shorter prison sentences: Most other criminalising states. Sentences are typically two to ten years. Enforcement against foreigners is rare in countries where the law exists primarily as moral signalling, common in countries where it intersects with broader policing of public order.
The full and current list is maintained by ILGA World at ilga.org and is the source of record. The Warnely country guides cross-reference this list and surface the practical risk on each country page.
What 'illegal' actually means in practice
A useful frame: criminalisation does not automatically mean tourists are at high risk. The actual exposure depends on three things.
- Enforcement against foreigners. In some countries (Iran, Saudi Arabia, Brunei) the law is enforced against tourists. In others (Egypt, Morocco) it is occasionally enforced via separate 'debauchery' or 'public morality' provisions. In many criminalising states (Tunisia, several Caribbean islands) enforcement against tourists is rare, though the law remains on the books and can be used to harass.
- Public visibility. The risk is materially higher in any country where the law exists if the traveller is publicly visible: holding hands, kissing in public, dressing in a way that local authorities interpret as cross-gender. Many travellers visit criminalising countries without incident specifically because they keep relationships private during the trip.
- Local political climate. Risk concentrates around election cycles, moral panics, and after high-profile incidents. Uganda's 2023 act was preceded by months of public rhetoric; the same pattern has played out in Ghana and Tanzania.
The practical implication for trip planning: criminalisation is a warning, not an absolute bar. Travel can be planned around it.
Where 2026 is improving
Several jurisdictions have moved in the right direction recently.
- Singapore repealed Section 377A in 2022. Same-sex relations are now legal. Public visibility is still limited socially but the legal risk is gone.
- Mauritius struck down its colonial-era prohibition in 2023.
- Antigua and Barbuda, Barbados, Saint Kitts and Nevis have had courts strike down anti-LGBT laws in the last 24 months, though appeals are ongoing.
- India decriminalised same-sex relations in 2018; same-sex marriage rights remain unresolved.
- Vietnam, Thailand have moved towards same-sex partnership recognition, with Thailand's law expected to take effect through 2026.
- Taiwan legalised same-sex marriage in 2019 and is generally the safest LGBTQ+ travel destination in Asia.
The trajectory is overwhelmingly positive globally. The Caribbean is the regional bright spot of recent years.
Where 2026 is harder
- Uganda's 2023 act introduced penalties up to life imprisonment for same-sex relations and the death penalty for 'aggravated homosexuality'. The act has been challenged in court but remains in force.
- Russia designated the 'LGBT international movement' as 'extremist' in 2023. Carrying rainbow imagery now carries criminal exposure. Risk is concentrated for activists; ordinary tourists are usually unaffected, but the climate is sharply chillier than five years ago.
- Iraq passed legislation in 2024 criminalising same-sex relations with prison sentences of 10–15 years. Enforcement is uneven but real.
- Several US states have passed restrictions affecting trans travellers specifically (bathroom laws, gender-marker rules on identity documents). Domestic US travel is not the focus of this guide, but trans travellers visiting the US should check the current state of the law for their destination.
Practical advice for high-risk countries
The same three questions answer most planning decisions.
- Is your destination decriminalising, criminalising, or stable? Decriminalising states have rapidly improving practical safety. Criminalising states with stable enforcement (Egypt, Morocco) are predictable. Criminalising states with worsening enforcement (Uganda, Iraq) carry the highest acute risk and the FCDO and State Department advisories should be the primary source.
- What is your visible profile? A traveller who can pass as a heterosexual tourist faces materially less risk than a traveller whose gender presentation or relationship status is visible. This is not a moral judgement, it is a planning frame.
- Is there a fallback if something goes wrong? Many embassies (UK FCDO, US State, the German and Dutch foreign services) maintain LGBT-aware consular networks. They will help. The fastest route is the country's local embassy or consulate contact, listed on every Warnely country guide and in the embassy directory.
A blunt practical note on dating apps: in some criminalising countries the police actively use Grindr, Tinder, and equivalents as entrapment tools. Travellers should turn the apps off for the duration of the trip in those jurisdictions. The Warnely country guides flag this in the relevant per-country pages.
Where Warnely fits
The LGBTQ+ legal status field on every country guide carries the current criminalisation level, the most recent legislative change, and the practical advice for visiting travellers. The Warnely composite risk score does not currently weight this field separately, because the population-level risk it represents is not the same as the average traveller's risk; it is a targeted overlay best read alongside the country page rather than baked into the headline score.
For trip planning, the workflow is: read the headline score, then read the LGBTQ+ status line, then decide. The map looks very different from the average travel-safety dashboard, and that is exactly what it should look like.
The legal map will keep moving. Most of the movement, on a five-year view, has been in the right direction.