LGBT rights in Libya
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Lesbian, gay, bisexual, and transgender (LGBT) persons in Libya face legal challenges not experienced by non-LGBT residents. Since the fall of Gaddafi regime in 2011, the status regarding homosexuality in Libya remains unchanged.


Legality of same-sex sexual activity


Criminal laws

The country's
criminal code A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...
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.ILGA
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_and_other_punishments_against_persons_found_to_be_violating_traditional_Islamic_morality. 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. Female_homosexuality_would_also_appear_to_be_illegal,_as_is_making_any_sort_of_public_acknowledgment_that_a_person_is_gay.__In_2010_a_
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_and_other_punishments_against_persons_found_to_be_violating_traditional_Islamic_morality. 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. Female_homosexuality_would_also_appear_to_be_illegal,_as_is_making_any_sort_of_public_acknowledgment_that_a_person_is_gay.__In_2010_a_France">French_Right_of_asylum.html" "title="France.html" ;"title="Flagellation.html" "title="Sharia.html" "title="ILGA
report ''State-Sponsored Homophobia'' (2020)"Article 407(4) of the Penal Code (1953) as amended in 1976, states that consensual "illicit sex" carries a potential punishment of up to 5 years." p. 118 In the 1990s, the General People's Congress (Libya)">General People's Congress began to approve "purification" laws designed to enforce a harsh view of Sharia">Islamic law 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 ...
 on the population. Libyan courts were given the power to use amputation, Flagellation">flogging Flagellation (Latin , 'whip'), flogging or whipping is the act of beating the human body with special implements such as whips, rods, switches, the cat o' nine tails, the sjambok, the knout, etc. Typically, flogging has been imposed on ...
 and other punishments against persons found to be violating traditional Islamic morality. 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. Female homosexuality would also appear to be illegal, as is making any sort of public acknowledgment that a person is gay. In 2010 a France">French Right of asylum">asylum Asylum may refer to: Types of asylum * Asylum (antiquity), places of refuge in ancient Greece and Rome * Benevolent Asylum, a 19th-century Australian institution for housing the destitute * Cities of Refuge, places of refuge in ancient Judea ...
 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. Vigilante executions, in lieu of the penal code, are more commonplace in ISIS-controlled territories. 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.


Gaddafi Government

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. In 2003, Gaddafi stated that he believed that it was "impossible" to contract AIDS–HIV through unprotected, heterosexual vaginal sex.


Transititional Government

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.


Interim Constitution

The Transitional Constitution stipulates that Islam is the official religion and a source of law. The Transitional Constitution also pledges to respect the people's right to have a private life. 2019: As of 2019, Libya has one LGBTQ+ NGO calle
Kun Libya
Libya's LGBT identifying population remains as of today under pressure to remain closeted due to the fall of the state since 2014.


Summary table


See also

* Human rights in Libya *
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 ...


References

{{Africa topic, LGBT rights in
Libya Libya (; ar, ليبيا, Lībiyā), officially the State of Libya ( ar, دولة ليبيا, Dawlat Lībiyā), is a country in the Maghreb region in North Africa. It is bordered by the Mediterranean Sea to the north, Egypt to the east, Suda ...
Human rights in Libya
Libya Libya (; ar, ليبيا, Lībiyā), officially the State of Libya ( ar, دولة ليبيا, Dawlat Lībiyā), is a country in the Maghreb region in North Africa. It is bordered by the Mediterranean Sea to the north, Egypt to the east, Suda ...
LGBT in Libya
Libya Libya (; ar, ليبيا, Lībiyā), officially the State of Libya ( ar, دولة ليبيا, Dawlat Lībiyā), is a country in the Maghreb region in North Africa. It is bordered by the Mediterranean Sea to the north, Egypt to the east, Suda ...