LGBT rights in Somalia

Last updated

LGBT rights in Somalia
Somali Civil War (2009-present).svg
Current (September 2023) political and military control in Somali Civil War (2009–present)
Status
Penalty
  • Sharia: Capital punishment [3] [4]
  • Civil law: Prison sentences from 3 months – 3 years [2] [5]
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 in Somalia face severe challenges not experienced by non-LGBT residents. Consensual same-sex sexual activity is illegal for both men and women. [6] In areas controlled by al-Shabab, and in Jubaland, capital punishment is imposed for such sexual activity. [7] [8] In other areas, where Sharia does not apply, the civil law code specifies prison sentences of up to three years as penalty. [9] LGBT people are regularly prosecuted by the government [9] and additionally face stigmatization among the broader population. Stigmatization and criminalisation of homosexuality in Somalia occur in a legal and cultural context where 99% of the population follow Islam as their religion, [10] while the country has had an unstable government and has been subjected to a civil war for decades.

Contents

History

British Somali Coast Protectorate

Prior to independence from the British, Section 377 of the Indian Penal Code of 1860 [11] was applied in British Somali Coast protectorate in 1899. [1] [12] In the United Kingdom itself, sodomy laws were abolished in 1967. It has since legalized homosexuality, civil partnership, and same-sex marriage. [12] The influence of Section 377 throughout former British colonies has widely come to be seen as leaving a legacy of discrimination, violence, and death, that persists in many places to this day. [13]

Italian East Africa

In 1940, Italy conquered British Somaliland and annexed it into the Italian East Africa. While Italy had been free of sodomy laws since 1890, the Fascist regime still punished homosexuals. In 1941, the British reconquered British Somaliland and re-instated their sodomy laws. [14]

Somali Republic

In 1964, a new penal code came into force in the Somali Republic. [11] 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." [12]

Legality of same-sex sexual activity

Somali Democratic Republic

Under Article 409 of the Somali Penal Code introduced by the Somali Democratic Republic in 1973, sexual intercourse with a person of the same sex is punishable by imprisonment from three months to three years. [15] 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". [14] [16] [17]

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." [18] The 2022 edition similarly reported that "due to severe societal stigma that prevented LGBTQI+ individuals from making their sexual orientation or gender identity known publicly", there was little-to-no reporting of discrimination. In addition, the report stated: "There remained a pervasive social stigma against same-sex relationships, and the law does not prohibit discrimination based on sexual orientation or gender identity." [19]

LGBT organizations

As of 2004, one group reportedly existed for LGBT people in Somalia. [20] However lots of Somali immigrants have formed majority Somali or even solely Somali LGBT organizations in Canada. [21] The US Department of State reported in 2022 that: "There were few, very discreet, and mostly online-based LGBTQI+ organizations that held events." [19]

Civil war

In territories controlled by Harakat al-Shabaab al-Mujahideen in Somalia, the terrorist organization enacts a strict interpretation of shariah which explicitly criminalises homosexual activity. The punishment for those found guilty is at a judge's discretion and may be punished by death [22] The ILGA reported in 2021 that it had information on enforcement by al-Shabaab, or other non-state armed groups, killing individuals for alleged homosexual activity: An 18-year-old man in 2013; a 15-year-old boy, together with a man aged 20 in 2017; and in 2018, another "young man". Verification of the incidents, independent from information supplied by the insurgent groups, was generally not available. The exact nature of the supposed offences was not clear in all cases. A number of human rights and LGBT activists, and those accused of "homosexuality", have been forced to flee the country for fear of execution or assassination. [7]

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. [23] Since 1999, much of the AIDS/HIV education and care has come from international organizations such as the United Nations. [23]

Despite this, Somalia and neighbouring Ethiopia has one of the lowest HIV infection rates on the continent. While the estimated HIV prevalence rate in Somalia in 1987 (the first case report year) was one percent of adults, [24] a more recent estimate from 2007 now places it at only 0.5 percent of the nation's adult population. [25]

HIV prevalence by region

The HIV prevalence in 2004 - sentinel sites of the three regional zones [23]
Region/Zone and Sentinel SiteNumber TestedNumber PositivePercentage Positive
Somaliland
Hargeisa 49981.6
Berbera 35082.29
Borama 36241.10
Burco 35020.57
Mean - Somaliland1561221.41
Puntland
Bosaso 32430.93
Garowe 28421.70
Mean - Puntland89791.00
Galmudug
Galkayo 28941.38
South Central
Mogadishu 1232110.89
Merca 35000.0
Jowhar 35110.28
Hudur 35110.29
Mean - South Central2165130.60
Mean - Overall4732440.93

Summary table

Same-sex sexual activity legalIllegal. Penalties:

Skull and crossbones.svg : Capital punishment [As sharia may be applied, especially by non-state actors and by some constituent states]; [2] [3] [4]

X mark.svg Imprisonment from 3 months to 3 years [under civil penal code] [5]

Equal age of consent X mark.svg
Anti-discrimination laws in employment X mark.svg
Anti-discrimination laws in the provision of goods and services X mark.svg
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) X mark.svg
Same-sex marriage X mark.svg
Recognition of same-sex couples X mark.svg
Step-child adoption by same-sex couples X mark.svg
Joint adoption by same-sex couples X mark.svg
Gays and lesbians allowed to serve openly in the military X mark.svg
Right to change legal gender X mark.svg
Access to IVF for lesbians X mark.svg
Commercial surrogacy for gay male couples X mark.svg
MSMs allowed to donate blood X mark.svg

Prominent LGBT+ activists/advocates

See also

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References

  1. 1 2 Han, Enze (3 May 2018). British Colonialism and the Criminalization of Homosexuality. Routledge. ISBN   9781351256186.
  2. 1 2 3 ILGA World; Lucas Ramon Mendos; Kellyn Botha; Rafael Carrano Lelis; Enrique López de la Peña; Ilia Savelev; Daron Tan (14 December 2020). State-Sponsored Homophobia report: 2020 global legislation overview update (PDF) (Report) (14th ed.). Geneva: ILGA. Archived from the original (PDF) on 15 December 2020.
  3. 1 2 "Young Somali activist sentenced to death for being a lesbian". The Independent. 2016.
  4. 1 2 "'Don't come back, they'll kill you for being gay'". BBC News. 2020.
  5. 1 2 "Map Shows Where It's Illegal to be Gay – 30 Years Since WHO Declassified Homosexuality as Disease". Forbes .
  6. ↑ "Somalia LGBT Laws". Pride Legal. Retrieved 30 November 2020.
  7. 1 2 Botha, Kellyn; ILGA World (December 2021). "Somalia". In Lucas Ramón Mendos (ed.). Our identities under arrest: A global overview on the enforcement of laws criminalising consensual same-sex sexual acts between adults and diverse gender expressions (PDF) (Report) (in English and Spanish) (First ed.). Geneva: ILGA. pp. 100–101. Archived from the original on 8 June 2023.
  8. ↑ Sarrubba, Stefania. "Death penalties if you're gay". Gay Star News — The Central Voice. Retrieved 30 November 2020.
  9. 1 2 "Somalia". Human Dignity Trust. Retrieved 31 March 2021.
  10. ↑ "Islam in Somalia". rpl.hds.harvard.edu. Retrieved 23 March 2023.
  11. 1 2 "Somaliland Criminal Law". www.somalilandlaw.com. Retrieved 3 February 2021.
  12. 1 2 3 LEGISLATIVE DECREE NO. 5 OF 16 December 1962
  13. ↑ Rao, Rahul (2020). Out of Time: The Queer Politics of Postcoloniality. Oxford: Oxford University Press. pp. 7–9. ISBN   9780190865535.
  14. 1 2 "STATE-SPONSORED HOMOPHOBIA" (PDF). Archived from the original (PDF) on 20 October 2016. Retrieved 26 November 2016.
  15. ↑ "Entry #485: Homosexual activity in Somalia". Equaldex. Retrieved 3 February 2021.
  16. ↑ United Nations High Commissioner for Refugees. "Refworld – Somalia Country Assessment" (PDF). Refworld.
  17. ↑ Noor Ali (7 July 2013). "Gay Somali refugees face death threats". Al Jazeera .
  18. ↑ Bureau of Democracy, Human Rights, and Labor (2010). 2010 Country Reports on Human Rights Practices: Somalia (PDF) (Report). United States Department of State. Archived from the original on 14 May 2011.
  19. 1 2
  20. ↑ "Death Hangs Over Somali Queers". sodomylaws.org. 3 May 2004. Archived from the original on 11 August 2004. Retrieved 23 September 2015.
  21. ↑ "Somalia, Djibouti, Eritrea: Sexual Minority Resources - Gay, Lesbian, Bisexual, MSM, Homo-Sex". www.ucalgary.ca. Retrieved 16 November 2022.
  22. ↑ Colin Stewart (16 February 2016). "Report: Somalia too risky for LGBT people". 76crimes.com
  23. 1 2 3 "United Nations General Assembly Special Session on HIV/AIDS" (PDF). Retrieved 15 January 2020.
  24. ↑ 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. PMID   17903054. Archived (PDF) from the original on 13 April 2008. Retrieved 27 June 2010.
  25. ↑ "Somalia". World Factbook . Central Intelligence Agency. 14 May 2009. Retrieved 31 May 2009.

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