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. 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 S ...

. 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
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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 European mainland, continental mainland. It comprises England, Scotlan ...

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 pe ...

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 marriage ...

, and

same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...

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 Islamic 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 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's second-largest country by tot ...

Civil war

In territories controlled by

Harakat al-Shabaab al-Mujahideen Harakat al-Shabaab al-Mujahideen (HSM; ar, حركة الشباب المجاهدين, translit=Ḥarakat ash-Shabāb al-Mujāhidīn, so, Xarakada Mujaahidiinta Alshabaab, ), more commonly known as al-Shabaab, is an Islamic fundamentalist Sala ...

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 ...

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 ...

'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

References

External links

"Soulmates: The Price of Being Gay in Somalia" Afrol News
*Ali, Noor.
Gay Somali refugees face death threats
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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 ...

''. 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 ...

Law of Somalia Human rights in Somalia LGBT in Somalia