LGBT rights in Somaliland

Lesbian, gay, bisexual, and transgender (LGBT) persons in Somaliland face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is punishable by imprisonment up to three years.

LGBT rights in Somaliland
Somaliland's controlled territory is in dark green and territory claimed in light green
StatusIllegal since 1941 (as British Somaliland Protectorate)[1][2]
PenaltyUp to 8 years in prison[3]
Gender identityNo
MilitaryNo
Discrimination protectionsNone
Family rights
Recognition of relationshipsNo recognition of same-sex unions
AdoptionNo

Law regarding same-sex sexual activity

Ottoman Empire

In 1858, the Ottoman Empire legalized same-sex sexual intercourse.[1]

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.[1]

British Somaliland

Prior to independence from the British, the Indian Penal Code of 1860 was applied in British Somaliland.[4]

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. 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.[4]

Somaliland

In 1991, Somaliland declared itself as an independent state. Somaliland continues to apply the 1964 penal code in the country. The non-abolishment of the code is one of the reasons, noted by European scholars, why some advanced European countries won't recognize Somaliland independence.[1]

There are life threatening events or death sentences in the Somaliland/Somali for the LGBT people.[5][6]

Summary table
Same-sex sexual activity legal Punished with up to 3 yrs prison
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. "STATE-SPONSORED HOMOPHOBIA" (PDF). Archived from the original (PDF) on 2016-10-20. Retrieved 2015-02-23.
  2. "Where is it illegal to be gay?". BBC News.
  3. http:https://www.forbes.com/sites/jamiewareham/2020/05/17/map-shows-where-its-illegal-to-be-gay--30-years-since-who-declassified-homosexuality-as-disease/#2d1c1862578a.html
  4. LEGISLATIVE DECREE NO. 5 OF 16 December 1962
  5. "Young Somali activist sentenced to death for being a lesbian". independent. 2016.
  6. "'Don't come back, they'll kill you for being gay'". BBC. 2020.
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