LGBT rights in Somalia: Difference between revisions
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'''Lesbian, gay, bisexual, and transgender''' ('''LGBT''') people in '''Somalia''' face legal challenges not experienced by non-LGBT residents. Being LGBT is highly illegal in Somalia;<ref>{{Cite web|title=Somalia LGBT Laws|url=https://pridelegal.com/somalia-lgbt-laws/|access-date=2020-11-30|website=Pride Legal|language=en-US}}</ref> same-sex sexual activity is punishable by up to death in areas controlled by [[Al-Shabaab (militant group)|Al-Shabab]] as well as in [[Jubaland]].<ref>{{Cite web|last1=Sarrubba|first1=Stefania|publisher=Gay Star News|title=Death penalties if you're gay|url=http://thecentralvoice.com/stories/death-penalties-if-youre-gay,2246|access-date=2020-11-30|website=The Central Voice|language=en}}</ref> LGBT persons are regularly prosecuted by the government<ref>{{Cite web|title=Somalia |url=https://www.humandignitytrust.org./country-profile/somalia/|access-date=2021-03-31|website=Human Dignity Trust {{!}} www.humandignitytrust.org.|language=en}}</ref> and additionally face stigmatization among the broader population. |
'''Lesbian, gay, bisexual, and transgender''' ('''LGBT''') people in '''Somalia''' face legal challenges not experienced by non-LGBT residents. Being LGBT is highly illegal in Somalia;<ref>{{Cite web|title=Somalia LGBT Laws|url=https://pridelegal.com/somalia-lgbt-laws/|access-date=2020-11-30|website=Pride Legal|language=en-US}}</ref> same-sex sexual activity is punishable by up to death in areas controlled by [[Al-Shabaab (militant group)|Al-Shabab]] as well as in [[Jubaland]].<ref>{{Cite web|last1=Sarrubba|first1=Stefania|publisher=Gay Star News|title=Death penalties if you're gay|url=http://thecentralvoice.com/stories/death-penalties-if-youre-gay,2246|access-date=2020-11-30|website=The Central Voice|language=en}}</ref> LGBT persons are regularly prosecuted by the government<ref>{{Cite web|title=Somalia |url=https://www.humandignitytrust.org./country-profile/somalia/|access-date=2021-03-31|website=Human Dignity Trust {{!}} www.humandignitytrust.org.|language=en}}</ref> and additionally face stigmatization among the broader population. |
Revision as of 14:20, 22 November 2022
LGBT rights in Somalia | |
---|---|
![]() Current (August 2020) political and military control in Somali Civil War (2009–present) | |
Status |
|
Penalty | |
Gender identity | No |
Military | No |
Discrimination protections | No |
Family rights | |
Recognition of relationships | No recognition of same-sex unions |
Adoption | No |
Lesbian, gay, bisexual, and transgender (LGBT) people in Somalia face legal challenges not experienced by non-LGBT residents. Being LGBT is highly illegal in Somalia;[5] same-sex sexual activity is punishable by up to death in areas controlled by Al-Shabab as well as in Jubaland.[6] LGBT persons are regularly prosecuted by the government[7] and additionally face stigmatization among the broader population.
Legality of same-sex sexual activity
Italian East Africa
In 1940, Italy conquered British Somaliland and annexed it into the Italian East Africa. While Italy didn't have sodomy laws since 1890, the Fascist regime still punished homosexuals. In 1941, the British reconquered British Somaliland and re-instated their sodomy laws.[8]
British Somali Coast Protectorate
Prior to independence from the British, the Indian Penal Code of 1860[9] was applied in British Somali Coast protectorate.[10]
Somali Republic
In 1964, a new penal code came into force in the Somali Republic.[9] The code states that "Whoever has carnal intercourse with a person of the same sex shall be punished, where the act does not constitute a more serious crime, with imprisonment from three months to three years. Where the act committed is an act of lust different from carnal intercourse, the punishment imposed shall be reduced by one-third."[10] The code has since been abolished by the United Kingdom after seeing it as one of the most discriminating laws crafted by a former world power. The United Kingdom has since then legalized homosexuality, civil partnership, and same-sex marriage.[10]
Somali Democratic Republic
Under Article 409 of the Somali Penal Code introduced in 1973, sexual intercourse with a person of the same sex is punishable by imprisonment from three months to three years.[11] An "act of lust" other than sexual intercourse is punishable by a prison term of two months to two years. Under Article 410 of the Somali Penal Code, an additional security measure may accompany sentences for homosexual acts, usually coming in the form of police surveillance to prevent "re-offending".[8][12] Extrajudicial executions are tolerated.[13]
Federal Government of Somalia
HIV/AIDS prevention
Family planning services are hard to access, as is fact-based information on human sexuality. Humanitarian workers have stated that Islamic social mores often make it difficult to publicly talk about how the virus can be spread.[14] Since 1999, much of the AIDS/HIV education and care has come from international organizations such as the United Nations.[14]
Despite this, Somalia and neighbouring Ethiopia has one of the lowest HIV infection rates on the continent. While the estimated HIV prevalence rate in Somalia in 1987 (the first case report year) was 1% of adults,[15] a more recent estimate from 2007 now places it at only 0.5% of the nation's adult population.[16]
LGBT organizations
![]() | This section needs expansion. You can help by adding to it. (February 2017) |
As of 2004, one group reportedly existed for LGBT people in Somalia.[17] However lots of Somali immigrants have formed majority Somali or even solely Somali LGBT organizations in Canada.[18]
Civil war
In territories controlled by Harakat al-Shabaab al-Mujahideen in Somalia, the terrorist organization enacts a strict interpretation of shariah which explicitly outlaws homosexuality. The punishment for those found guilty is at a judge's discretion and may be punished by death.[19]
HIV prevalence by region
Region/Zone and Sentinel Site | Number Tested | Number Positive | Percentage Positive |
---|---|---|---|
Somaliland | |||
Hargeisa | 499 | 8 | 1.6 |
Berbera | 350 | 8 | 2.29 |
Borama | 362 | 4 | 1.10 |
Burco | 350 | 2 | 0.57 |
Mean - Somaliland | 1561 | 22 | 1.41 |
Puntland | |||
Bosaso | 324 | 3 | 0.93 |
Garowe | 284 | 2 | 1.70 |
Mean - Puntland | 897 | 9 | 1.00 |
Galmudug | |||
Galkayo | 289 | 4 | 1.38 |
South Central | |||
Mogadishu | 1232 | 11 | 0.89 |
Merca | 350 | 0 | 0.0 |
Jowhar | 351 | 1 | 0.28 |
Hudur | 351 | 1 | 0.29 |
Mean - South Central | 2165 | 13 | 0.60 |
Mean - Overall | 4732 | 44 | 0.93 |
Living conditions
The U.S. Department of State's 2010 Human Rights Report found that "sexual orientation was considered a gay topic, and there was no public discussion of this issue in any region of the country," and that "there were reports of societal violence or discrimination based on sexual orientation."[20]
Summary table
Same-sex sexual activity legal | ![]() |
Equal age of consent | ![]() |
Anti-discrimination laws in employment | ![]() |
Anti-discrimination laws in the provision of goods and services | ![]() |
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) | ![]() |
Same-sex marriage | ![]() |
Recognition of same-sex couples | ![]() |
Step-child adoption by same-sex couples | ![]() |
Joint adoption by same-sex couples | ![]() |
Gays and lesbians allowed to serve openly in the military | ![]() |
Right to change legal gender | ![]() |
Access to IVF for lesbians | ![]() |
Commercial surrogacy for gay male couples | ![]() |
MSMs allowed to donate blood | ![]() |
See also
- LGBT rights in Africa
- LGBT rights in Somaliland
- Human rights in Somalia
- Death penalty for homosexuality
References
- ^ a b c ILGA World; Lucas Ramon Mendos; Kellyn Botha; Rafael Carrano Lelis; Enrique López de la Peña; Ilia Savelev; Daron Tan (14 December 2020). State-Sponsored Homophobia report: 2020 global legislation overview update (PDF) (Report) (14th ed.). Geneva: ILGA. Archived from the original (PDF) on 15 December 2020.
- ^ a b "Young Somali activist sentenced to death for being a lesbian". The Independent. 2016.
- ^ a b "'Don't come back, they'll kill you for being gay'". BBC News. 2020.
- ^ a b "Map Shows Where It's Illegal to be Gay – 30 Years Since WHO Declassified Homosexuality as Disease". Forbes.
- ^ "Somalia LGBT Laws". Pride Legal. Retrieved 30 November 2020.
- ^ Sarrubba, Stefania. "Death penalties if you're gay". The Central Voice. Gay Star News. Retrieved 30 November 2020.
- ^ "Somalia". Human Dignity Trust | www.humandignitytrust.org. Retrieved 31 March 2021.
- ^ a b "STATE-SPONSORED HOMOPHOBIA" (PDF). Archived from the original (PDF) on 20 October 2016. Retrieved 26 November 2016.
- ^ a b "Somaliland Criminal Law". www.somalilandlaw.com. Retrieved 3 February 2021.
- ^ a b c LEGISLATIVE DECREE NO. 5 OF 16 December 1962
- ^ "Entry #485: Homosexual activity in Somalia". Equaldex. Retrieved 3 February 2021.
- ^ United Nations High Commissioner for Refugees. "Refworld – Somalia Country Assessment" (PDF). Refworld.
- ^ Noor Ali. "Gay Somali refugees face death threats".
- ^ a b c "United Nations General Assembly Special Session on HIV/AIDS" (PDF). Retrieved 15 January 2020.
- ^ Velayati, Ali-Akbar; Bakayev, Valeri; et al. (October 2007). "Religious and Cultural Traits in HIV/AIDS Epidemics in Sub-Saharan Africa". Archives of Iranian Medicine. 10 (4): 486–497. PMID 17903054. Archived (PDF) from the original on 13 April 2008. Retrieved 27 June 2010.
- ^ "Somalia". World Factbook. Central Intelligence Agency. 14 May 2009. Retrieved 31 May 2009.
- ^ "Death Hangs Over Somali Queers". sodomylaws.org. 3 May 2004. Archived from the original on 11 August 2004. Retrieved 23 September 2015.
- ^ "Somalia, Djibouti, Eritrea: Sexual Minority Resources - Gay, Lesbian, Bisexual, MSM, Homo-Sex". www.ucalgary.ca. Retrieved 16 November 2022.
- ^ Report: Somalia too risky for LGBT people
- ^ Bureau of Democracy, Human Rights, and Labor (2010). 2010 Country Reports on Human Rights Practices: Somalia (PDF) (Report). United States Department of State. Archived from the original on 14 May 2011.
Further reading
- Bureau of Democracy, Human Rights, and Labor (2021). "Section 6. Discrimination and Societal Abuses". 2021 Country Reports on Human Rights Practices: Somalia (Report). United States Department of State.
External links
- "Soulmates: The Price of Being Gay in Somalia" Afrol News
- Ali, Noor. "Gay Somali refugees face death threats." (Archive) Al Jazeera. 7 July 2013.