Lesbian, gay, bisexual, and transgender (LGBT) people in Somalia face legal challenges not experienced by non-LGBT residents. Being 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
Jubaland ( so, Jubbaland, ar, , it, Oltregiuba), the Juba Valley ( so, Dooxada Jubba) or Azania ( so, Asaaniya, ar, ), is a Federal Member State in southern Somalia. Its eastern border lies east of the Jubba River, stretching from Gedo ...
. LGBT persons are regularly prosecuted by the government and additionally face stigmatization among the broader population.
Legality of same-sex sexual activity
Italian East Africa
In 1940, Italy
conquered British Somaliland and annexed it into the
Italian East Africa
Italian East Africa ( it, Africa Orientale Italiana, AOI) was an Italian colony in the Horn of Africa. It was formed in 1936 through the merger of Italian Somalia, Italian Eritrea, and the newly occupied Ethiopian Empire, conquered in the Secon ...
. 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.
British Somali Coast Protectorate
Prior to independence from the British, the
Indian Penal Code of 1860 was applied in
British Somali Coast protectorate.
[LEGISLATIVE DECREE NO. 5 OF 16 December 1962](_blank)
/ref>
Somali Republic
In 1964, a new penal code came into force in the Somali Republic
The Somali Republic ( so, Jamhuuriyadda Soomaaliyeed; it, Repubblica Somala; ar, الجمهورية الصومالية, Jumhūriyyat aṣ-Ṣūmālīyyah) was a sovereign state composed of Somalia and Somaliland, following the unification o ...
. 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
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and No ...
has since then legalized homosexuality
Homosexuality is romantic attraction, sexual attraction, or sexual behavior between members of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions" to ...
, civil partnership
A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriag ...
, and same-sex marriage.
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".
Extrajudicial executions are tolerated.
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 Islam
Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God (or '' Allah'') as it was revealed to Muhammad, the ...
ic social mores often make it difficult to publicly talk about how the virus can be spread. Since 1999, much of the AIDS/HIV education and care has come from international organizations such as the United Nations.
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 1% of adults, a more recent estimate from 2007 now places it at only 0.5% of the nation's adult population.
LGBT organizations
As of 2004, one group reportedly existed for LGBT people in Somalia. However lots of Somali immigrants have formed majority Somali or even solely Somali LGBT organizations in Canada
Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world ...
.
Civil war
In territories controlled by Harakat al-Shabaab al-Mujahideen in Somalia, the terrorist organization enacts a strict interpretation of shariah
Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the H ...
which explicitly outlaws homosexuality. The punishment for those found guilty is at a judge's discretion and may be punished by death.
HIV prevalence by region
Living conditions
The U.S. Department of State
The United States Department of State (DOS), or State Department, is an executive department of the U.S. federal government responsible for the country's foreign policy and relations. Equivalent to the ministry of foreign affairs of other na ...
's 2010 Human Rights Report found that "sexual orientation was considered a gay topic, and there was no public discussion of this issue in any region of the country," and that "there were reports of societal violence or discrimination based on sexual orientation."
Summary table
See also
* LGBT rights in Africa
With the exception of South Africa and Cape Verde, lesbian, gay, bisexual, and transgender (LGBT) rights in Africa are limited in comparison to the United States, Canada, Western Europe, Australia, and New Zealand.
Out of the 55 states recognised ...
* LGBT rights in Somaliland
* Human rights in Somalia
* Death penalty for homosexuality
References
Further reading
*
External links
"Soulmates: The Price of Being Gay in Somalia" Afrol News
*Ali, Noor.
Gay Somali refugees face death threats
"
''Al Jazeera
Al Jazeera ( ar, الجزيرة, translit-std=DIN, translit=al-jazīrah, , "The Island") is a state-owned Arabic-language international radio and TV broadcaster of Qatar. It is based in Doha and operated by the media conglomerate Al Jazeera M ...
''. 7 July 2013.
{{Somalia topics
Somalia
Somalia, , Osmanya script: 𐒈𐒝𐒑𐒛𐒐𐒘𐒕𐒖; ar, الصومال, aṣ-Ṣūmāl officially the Federal Republic of SomaliaThe ''Federal Republic of Somalia'' is the country's name per Article 1 of thProvisional Constituti ...
Somalia
Somalia, , Osmanya script: 𐒈𐒝𐒑𐒛𐒐𐒘𐒕𐒖; ar, الصومال, aṣ-Ṣūmāl officially the Federal Republic of SomaliaThe ''Federal Republic of Somalia'' is the country's name per Article 1 of thProvisional Constituti ...
Law of Somalia
Human rights in Somalia
LGBT in Somalia
Somalia
Somalia, , Osmanya script: 𐒈𐒝𐒑𐒛𐒐𐒘𐒕𐒖; ar, الصومال, aṣ-Ṣūmāl officially the Federal Republic of SomaliaThe ''Federal Republic of Somalia'' is the country's name per Article 1 of thProvisional Constituti ...