LGBT rights in Libya

Lesbian, gay, bisexual, and transgender (LGBT) persons in Libya face legal challenges not experienced by non-LGBT residents. Since the fall of Gaddafi regime in 2011, the status regarding homosexuality in Libya remains unchanged.

LGBT rights in Libya
StatusIllegal
PenaltyUp to 4 years in jail or death[1][2]
Gender identityNo
MilitaryYes
Discrimination protectionsNo
Family rights
Recognition of relationshipsNo recognition of same-sex unions
AdoptionNo

Legality of same-sex sexual activity

Criminal laws

The country's criminal code prohibits all sexual activity outside of a lawful marriage. Under Article 410 of the Libyan Penal Code, Private homosexual acts between consenting adults are illegal.[3]

In the 1990s, Libyan leader Muammar Gaddafi began to enact "purification" laws designed to enforce a harsh view of Islamic law on the population. Libyan courts were given the power to use amputation, flogging and other punishments against persons found to be violating traditional Islamic morality.[4]

In 2010, the Gay Middle East blog, reported that two adult men had been charged with "indecent acts", which meant cross-dressing and homosexual conduct.[5]

Female homosexuality would also appear to be illegal, as is making any sort of public acknowledgment that a person is gay. In 2010 a French asylum case involved a Libyan girl who sought asylum after being jailed, raped and then returned to her family for a forced marriage after she made a public statement online that she was gay.[6] Vigilante executions, in lieu of the penal code, are more commonplace in ISIS-controlled territories.[1][2]

The criminal code is still technically in operation, although much of Libya is run by competing militias who may choose to execute LGBT people. ISIS in Libya has publicly executed men for homosexuality.[7]

Gaddafi Government

The Gaddafi government did not permit the public advocacy of LGBT rights. When discussed, it was always in a negative manner, in keeping with traditional Islamic morality.

In 2003, Gaddafi stated that he believed that it was "impossible" to contract AIDS–HIV through unprotected, heterosexual vaginal sex.[8]

Transititional Government

The Transitional post-Gaddafi government continues to oppose LGBT rights. In February 2012 a Libyan delegate sparked outrage after telling a United Nations human rights panel that gay people threaten the future of the human race.

Interim Constitution

The Transitional Constitution stipulates that Islam is the official religion and a source of law.[9]

The Transitional Constitution also pledges to respect the people's right to have a private life.[9]

2019:

As of 2019, Libya has one LGBTQ+ NGO called Kun Libya.[10] Libya's LGBT identifying population remains as of today under pressure to remain closeted due to the fall of the state since 2011.

Summary table
Same-sex sexual activity legal Punishment of 4 years or vigilante execution[1][2]
Equal age of consent
Anti-discrimination laws in employment only
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)
Same-sex marriages
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
gollark: You know, it might be possible to write some sort of program to automatically optimize busy-beavers for a given language and length.
gollark: Communism?
gollark: I forgot that Python would stringify integers if you `print`ed them.
gollark: Oh, right, it doesn't have to be a string, silly me.
gollark: Maybe I could make a HQ9+ extension for this useful task.

See also

References
  1. "Libyan 'Gay' Men Face Torture, Death By Militia: Report (GRAPHIC)". 26 November 2012 – via Huff Post.
  2. "The situation of homosexuals in Libya is getting worse". D+C.
  3. "Libyan Penal Code of 1953, Amended 1956 (selected provisions related to women) – 4: Title III – Offences Against Freedom, Honour and Morals". Corpus of Laws. Women's Learning Partnership. 5 October 2013. Archived from the original on 8 February 2018. Retrieved 19 May 2017.
  4. Stokke, Hugo; Suhrke, Astri; Tostensen, Arne; Haanæs, Øystein Rygg (1997). Human Rights in Developing Countries: Yearbook 1997. The Hague: Kluwer International. ISBN 978-90-411-0537-0.
  5. Littauer, Dan (25 December 2010). "Libya: Two Men Arrested for 'Indecent Acts'. gaymiddleeast.com (via globalgayz.com). Retrieved 15 September 2011.
  6. Staff (25 October 2010). "Libya: Lesbian To Request Asylum In France". Ansa Mediterranean (via globalgayz.com). Retrieved 15 September 2011.
  7. "The situation of homosexuals in Libya is getting worse". D+C. Retrieved 1 July 2019.
  8. Young, Craig (8 March 2011). "Being Gay under Gaddafi" Archived 2 November 2011 at the Wayback Machine. GayNZ.com. Retrieved 15 September 2011.
  9. "The Constitutional Declaration" (PDF). Retrieved 12 February 2020.
  10. "Home – Kun Libya Platform". Retrieved 19 December 2019.
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