LGBT rights in Somalia

Lesbian, gay, bisexual, and transgender (LGBT) persons in Somalia face legal challenges not experienced by non-LGBT residents. LGBT is highly illegal in Somalia; same-sex sexual activity is punishable by up to death in areas controlled by Al-Shabab as well as in Jubaland. LGBT persons are regularly prosecuted by the government and additionally face stigmatization among the broader population.

See also: LGBT rights in Somaliland
LGBT rights in Somalia
StatusIllegal: Islamic Sharia Law is applied
(Federal Republic of Somalia)
PenaltyUp to death in some parts of the country[1]
Gender identityNo
MilitaryNo
Discrimination protectionsNo
Family rights
Recognition of relationshipsNo recognition of same-sex unions
AdoptionNo

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.[2]

British Somali Coast Protectorate

Prior to independence from the British, the Indian Penal Code of 1860 was applied in British Somali Coast protectorate.[3]

Somali Republic

In 1964, a new penal code came into force in the Somali Republic. 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."[3] 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 legalised homosexuality, civil partnership, and same-sex marriage.[3]

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. 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".[2][4] Extrajudicial executions are tolerated.[1]

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.[5] Since 1999, much of the AIDS/HIV education and care has come from international organizations such as the United Nations.[5]

Despite this, Somalia has one of the lowest HIV infection rates on the continent. This is attributed to the Muslim nature of Somali society and adherence of Somalis to Islamic morals.[6] While the estimated HIV prevalence rate in Somalia in 1987 (the first case report year) was 1% of adults,[6] a more recent estimate from 2007 now places it at only 0.5% of the nation's adult population.[7]

LGBT organizations

As of 2004, one group reportedly existed for LGBT people in Somalia.[8]

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.[9]

HIV prevalence by region
The HIV prevalence in 2004 - sentinel sites of the three regional zones[5]
Region/Zone and Sentinel Site Number Tested Number Positive Percentage Positive
Somaliland
Hargeisa49981.6
Berbera35082.29
Borama36241.10
Burco35020.57
Mean - Somaliland15613621.41
Puntland
Bosaso32430.93
Garowe28421.70
Mean - Puntland89791.00
Galmudug
Galkayo28941.38
South Central
Mogadishu1232110.89
Merca35000.0
Jowhar35110.28
Hudur35110.29
Mean - South Central2165130.60
Mean - Overall4732440.93

Living conditions

The U.S. Department of State's 2010 Human Rights Report found that "sexual orientation was considered a taboo topic, and there was no public discussion of this issue in any region of the country," and that "there were no reports of societal violence or discrimination based on sexual orientation."[10]

Summary table
Same-sex sexual activity legal (Penalty: Up to three years prison in government-controlled areas)
(Penalty: Up to execution in areas controlled by Al-Shabab and in Jubaland)
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
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See also

References
  1. Noor Ali. "Gay Somali refugees face death threats".
  2. "STATE-SPONSORED HOMOPHOBIA" (PDF). Archived from the original (PDF) on 20 October 2016. Retrieved 26 November 2016.
  3. LEGISLATIVE DECREE NO. 5 OF 16 December 1962
  4. United Nations High Commissioner for Refugees. "Refworld – Somalia Country Assessment" (PDF). Refworld.
  5. "United Nations General Assembly Special Session on HIV/AIDS" (PDF). Retrieved 15 January 2020.
  6. 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. Archived (PDF) from the original on 13 April 2008. Retrieved 27 June 2010.
  7. "Somalia". World Factbook. Central Intelligence Agency. 14 May 2009. Retrieved 31 May 2009.
  8. "Death Hangs Over Somali Queers". sodomylaws.org. 3 May 2004. Archived from the original on 11 August 2004. Retrieved 23 September 2015.
  9. Report: Somalia too risky for LGBT people
  10. "Archived copy" (PDF). Archived from the original (PDF) on 14 May 2011. Retrieved 17 May 2011.CS1 maint: archived copy as title (link)
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