LGBT rights in Somalia

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See also: LGBT rights in Somaliland
LGBT rights in Somalia
Current (August 2020) political and military control in Somali Civil War (2009–present)
Status
Penalty
  • Sharia: Capital punishment[2][3]
  • Civil law: Prison sentences from 3 months – 3 years[1][4]
Gender identityNo
MilitaryNo
Discrimination protectionsNo
Family rights
Recognition of relationshipsNo recognition of same-sex unions
AdoptionNo

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

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

See also: Somali Civil War (2009–present)

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

The HIV prevalence in 2004 - sentinel sites of the three regional zones[14]
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 No (Penalty: Capital punishment [Sharia may be applied, especially by non-state actors and by some constituent states][1][2][3] imprisonment from 3 months to 3 years [civil penal code][4])
Equal age of consent No
Anti-discrimination laws in employment No
Anti-discrimination laws in the provision of goods and services No
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) No
Same-sex marriage No
Recognition of same-sex couples No
Step-child adoption by same-sex couples No
Joint adoption by same-sex couples No
Gays and lesbians allowed to serve openly in the military No
Right to change legal gender No
Access to IVF for lesbians No
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood No

See also

References

  1. ^ 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.
  2. ^ a b "Young Somali activist sentenced to death for being a lesbian". The Independent. 2016.
  3. ^ a b "'Don't come back, they'll kill you for being gay'". BBC News. 2020.
  4. ^ a b "Map Shows Where It's Illegal to be Gay – 30 Years Since WHO Declassified Homosexuality as Disease". Forbes.
  5. ^ "Somalia LGBT Laws". Pride Legal. Retrieved 30 November 2020.
  6. ^ Sarrubba, Stefania. "Death penalties if you're gay". The Central Voice. Gay Star News. Retrieved 30 November 2020.
  7. ^ "Somalia". Human Dignity Trust | www.humandignitytrust.org. Retrieved 31 March 2021.
  8. ^ a b "STATE-SPONSORED HOMOPHOBIA" (PDF). Archived from the original (PDF) on 20 October 2016. Retrieved 26 November 2016.
  9. ^ a b "Somaliland Criminal Law". www.somalilandlaw.com. Retrieved 3 February 2021.
  10. ^ a b c LEGISLATIVE DECREE NO. 5 OF 16 December 1962
  11. ^ "Entry #485: Homosexual activity in Somalia". Equaldex. Retrieved 3 February 2021.
  12. ^ United Nations High Commissioner for Refugees. "Refworld – Somalia Country Assessment" (PDF). Refworld.
  13. ^ Noor Ali. "Gay Somali refugees face death threats".
  14. ^ a b c "United Nations General Assembly Special Session on HIV/AIDS" (PDF). Retrieved 15 January 2020.
  15. ^ 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.
  16. ^ "Somalia". World Factbook. Central Intelligence Agency. 14 May 2009. Retrieved 31 May 2009.
  17. ^ "Death Hangs Over Somali Queers". sodomylaws.org. 3 May 2004. Archived from the original on 11 August 2004. Retrieved 23 September 2015.
  18. ^ "Somalia, Djibouti, Eritrea: Sexual Minority Resources - Gay, Lesbian, Bisexual, MSM, Homo-Sex". www.ucalgary.ca. Retrieved 16 November 2022.
  19. ^ Report: Somalia too risky for LGBT people
  20. ^ 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

External links

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