This article needs additional citations for verification .(September 2011) |
LGBT rights in Libya | |
---|---|
Status | Illegal since 1953 |
Penalty | Up to 5 years in 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, and transgender (LGBT) 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 LGBT people. ISIS in Libya has publicly executed men for homosexuality. [9]
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. [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 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. [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 LGBT 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, LGBT 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 |
In Iraq, lesbian, gay, bisexual, transgender (LGBT) individuals are subject to widespread discrimination. Openly gay men are not permitted to serve in the military and same-sex marriage or civil unions are illegal. LGBT people do not have any legal protections against discrimination and are frequently victims of vigilante justice and honor killings.
Lesbian, gay, bisexual, and transgender (LGBT) people in the Islamic Emirate of Afghanistan face severe challenges not experienced by non-LGBT residents. Afghan members of the LGBT community are forced to keep their gender identity and sexual orientation secret, in fear of violence and the death penalty. The religious nature of the country has limited any opportunity for public discussion, with any mention of homosexuality and related terms deemed taboo.
Lesbian, gay, bisexual and transgender (LGBT) people living in Bahrain face legal challenges and discrimination not experienced by non-LGBT residents. Vague laws against indecency are used to target gender and sexual minorities. Discussion of homosexuality has also been allowed in Bahrain since the 1990s.
Lesbian, gay, bisexual and transgender (LGBT) people in the United Arab Emirates face legal challenges not experienced by non-LGBT residents. Homosexuality is illegal in the United Arab Emirates (UAE) and under the federal criminal provisions, consensual same-sex sexual activity is punishable by imprisonment; extra-marital sexual activity between persons of different sexes is also illegal. In both cases, prosecution will only be brought if a husband or male guardian of one of the participants makes a criminal complaint. The penalty is a minimum of six months imprisonment; no maximum penalty is prescribed, and the court has full discretion to impose any sentence in accordance with the country's constitution.
Lesbian, gay, bisexual, and transgender (LGBT) people in Nigeria face severe challenges not experienced by non-LGBT residents. LGBT rights are generally infringed upon; homosexual activity is illegal in Nigeria and punishable by up to 16 years of prison in the conventional court system. There is no legal protection for LGBT rights in Nigeria—a largely conservative country of more than 225 million people, split between a mainly Muslim north and a largely Christian south. Very few LGBT persons are open about their sexual orientation, as violence against them is frequent. According to PinkNews, Nigerian authorities generally target the LGBT community. Many LGBT Nigerians are fleeing to countries with progressive law to seek protection.
Lesbian, gay, bisexual, and transgender (LGBT) people in Ethiopia face significant challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are illegal in the country, with reports of high levels of discrimination and abuses against LGBT people. Ethiopia has a long history of social conservatism and same-sex sexual activity is considered a social taboo.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Angola have seen improvements in the early 21st century. In November 2020, the National Assembly approved a new penal code, which legalised consenting same-sex sexual activity. Additionally, employment discrimination on the basis of sexual orientation has been banned, making Angola one of the few African countries to have such protections for LGBT people.
Lesbian, gay, bisexual, and transgender (LGBT) people in Tanzania face severe challenges not experienced by non-LGBT residents. Homosexuality in Tanzania is a socially taboo topic, and same-sex sexual acts are criminal offences, punishable with life imprisonment. The law also criminalises heterosexuals who engage in oral sex and anal intercourse.
Lesbian, gay, bisexual, transgender (LGBT) people in Yemen face severe challenges not experienced by non-LGBT 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.
Lesbian, gay, bisexual, and transgender (LGBT) people in Brunei face severe challenges not experienced by non-LGBT residents. Both male and female expressions of homosexuality are illegal in Brunei. Sexual activity between men is de jure liable to capital punishment, with de facto lesser penalties of imprisonment and whipping applied; sex between women is punishable by caning or imprisonment. The sultanate applied a moratorium on the death penalty in 2019, which was still in effect as at May 2023. The moratorium could be revoked at any time.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Malawi face legal challenges not experienced by non-LGBT residents.
Lesbian, gay, bisexual, and transgender (LGBT) people in Solomon Islands face legal challenges not experienced by non-LGBT residents. Male same-sex sexual activity is illegal, punishable by up to 14 years imprisonment, but the law is not enforced.
Lesbian, gay, bisexual, and transgender (LGBT) people in Uganda face severe legal challenges, active discrimination, state persecution and stigmatisation not experienced by non-LGBT residents. Both male and female forms of homosexual activity are illegal in Uganda. Originally criminalised by British colonial laws introduced when Uganda became a British protectorate, these have been retained since the country gained its independence.
Homosexuality in the Palestinian territories is considered a taboo subject; LGBT people experience persecution and violence. There is a significant legal divide between the West Bank and the Gaza Strip, with the former having more progressive laws and the latter having more conservative laws. Shortly after the Jordanian annexation of the West Bank in 1950, same-sex acts were decriminalized across the territory with the adoption of the Jordanian Penal Code of 1951. In the Egyptian-occupied Gaza Strip and under Hamas's rule, however, no such initiative was implemented.
Lesbian, gay, bisexual, and transgender (LGBT) people in Zambia face significant challenges not experienced by non-LGBT residents. Same-sex sexual activity is illegal for both males and females in Zambia. Formerly a colony of the British Empire, Zambia inherited the laws and legal system of its colonial occupiers upon independence in 1964. Laws concerning homosexuality have largely remained unchanged since then, and homosexuality is covered by sodomy laws that also proscribe bestiality. Social attitudes toward LGBT people are mostly negative and coloured by perceptions that homosexuality is immoral and a form of insanity. However, in recent years, younger generations are beginning to show positive and open minded attitudes towards their LGBT peers.
Lesbian, gay, bisexual, and transgender (LGBT) people are generally discriminated against in the Maldives.
Lesbian, gay, bisexual and transgender (LGBT) persons in Saint Vincent and the Grenadines face legal challenges not experienced by non-LGBT residents. The Penal Code makes same-sex acts illegal with a punishment up to 10 years in prison, although the law is not enforced and is being challenged in the courts. In addition, it outlaws the practice of "buggery", whether homosexual or heterosexual and irrespective of whether the act was consensual. The country's laws also do not address discrimination or harassment on account of sexual orientation or gender identity, nor recognize same-sex unions in any form, whether it be marriage or partnerships. Households headed by same-sex couples are not eligible for any of the same rights given to opposite-sex married couples.
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 five 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 currently remains a legal punishment in several countries and regions, most 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'.