This article needs additional citations for verification .(September 2011) |
LGBTQ rights in Libya | |
---|---|
Status | Illegal since 1953 |
Penalty | Up to 5 years imprisonment [1] |
Gender identity | No |
Military | No |
Discrimination protections | No |
Family rights | |
Recognition of relationships | No recognition of same-sex unions |
Adoption | No |
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people are generally discriminated against in Libya. Homosexual activity is criminalised for both men and women within Libya, and homophobic attitudes are prevalent throughout the country. [2] Since the fall of the Gaddafi regime in 2011, the discriminatory laws regarding homosexuality in Libya remain unchanged.
The country's criminal code prohibits all sexual activity outside of a lawful marriage. Under Article 407(4) of the Penal Code (1953), private homosexual acts between consenting adults are illegal. [3] [4]
In the 1990s, the General People's Congress began to approve "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. [5]
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. [6]
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. [7] Vigilante executions, in lieu of the penal code, are more commonplace in ISIS-controlled territories. [8] [9]
The criminal code is still technically in operation, although much of Libya is run by competing militias who may choose to execute LGBTQ people. ISIS in Libya has publicly executed men for homosexuality. [9]
The Gaddafi government did not permit the public advocacy of LGBTQ rights. When discussed, it was always in a negative manner, in keeping with traditional Islamic morality. [10]
In 2003, Gaddafi stated that he believed that it was "impossible" to contract AIDS – HIV through unprotected, heterosexual vaginal sex. [11]
The Transitional post-Gaddafi government continues to oppose LGBTQ 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. [12]
The Transitional Constitution stipulates that Islam is the official religion and a source of law. [13]
The Transitional Constitution also pledges to respect the people's right to have a private life. [13]
2019: Since 2019, Libya has one LGBTQ+ NGO called Kun Libya. [14] Libya's LGBTQ identifying population remains as of today under pressure to remain closeted due to the fall of the state since 2014.
Same-sex sexual activity legal | (Penalty: Up to 5 years in jail.) [3] [8] [9] [15] In areas under control of militia groups, including Islamic State, LGBTQ people are executed, subject to forced disappearances, torture and other violence. [3] [8] [9] [16] [17] |
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 |
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Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Benin face legal challenges not experienced by non-LGBTQ residents. Although same-sex sexual acts for both men and women are legal in Benin, homosexuals continue to face widespread persecution and are rarely open about their sexuality. They are also considered by many as deviants, and homosexuality is often called a disease brought by white people to the country. LGBTQ persons additionally face stigmatization among the broader population.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the Gambia face significant challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is illegal for both men and women in the Gambia. Criminalisation commenced under the colonial rule of the British. The 1933 Criminal Code provides penalties of prison terms of up to fourteen years. In 2014, the country amended its code to impose even harsher penalties of life imprisonment for "aggravated" cases. The gender expression of transgender individuals is also legally restricted in the country. While the United States Department of State reports that the laws against homosexual activity are not "actively enforced", arrests have occurred; the NGO Human Rights Watch, reports regular organised actions by law enforcement against persons suspected of homosexuality and gender non-conformity.
Lesbian, gay, bisexual, transgender (LGBT) people in Yemen face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is punishable by death; this law is applied to both men and women. Members of the LGBT community additionally face stigmatization and homophobic violence among the broader population.
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Lesbian, gay, bisexual, and transgender (LGBT) people in Malawi face legal challenges not experienced by non-LGBTQ residents. Both male and female expressions of same-sex sexual activity are illegal within the nation. The Penal Code prohibits "carnal knowledge against the order of nature", attempts to commit "carnal knowledge against the order of nature", and acts of "gross indecency". Homosexuality among men is punishable by up to 14 years in prison in the country, while homosexuality among women is also punishable by up to five years in prison. There are no protections for LGBT rights in the country.
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Lesbian, gay, bisexual, and transgender (LGBT) people generally have limited or highly restrictive rights in most parts of the Middle East, and are open to hostility in others. Sex between men is illegal in 9 of the 18 countries that make up the region. It is punishable by death in four of these 18 countries. The rights and freedoms of LGBT citizens are strongly influenced by the prevailing cultural traditions and religious mores of people living in the region – particularly Islam.
Capital punishment as a criminal punishment for homosexuality has been implemented by a number of countries in their history. It is a legal punishment in several countries and regions, all of which have sharia-based criminal laws, except for Uganda.
Some or all sexual acts between men, and less frequently between women, have been classified as a criminal offense in various regions. Most of the time, such laws are unenforced with regard to consensual same-sex conduct, but they nevertheless contribute to police harassment, stigmatization, and violence against homosexual and bisexual people. Other effects include exacerbation of the HIV epidemic due to the criminalization of men who have sex with men, discouraging them from seeking preventative care or treatment for HIV infection.
Update on November 27 at 9:15am ET: Though countless media outlets have covered this story, it is now unclear if it played out as stated by 'Human Rights Libya'.