Lesbian, gay, bisexual, and transgender (LGBT) persons in Somaliland face legal challenges not experienced by non-LGBT residents. Somaliland has been a Muslim-majority nation with harsh societal rules. It is dangerous for LGBT people, who face up to the death penality. Besides,

extrajudicial killings An extrajudicial killing (also known as extrajudicial execution or extralegal killing) is the deliberate killing of a person without the lawful authority granted by a judicial proceeding. It typically refers to government authorities, whether ...

, mob lynching is used as an instrument for punishing homosexuals. Somaliland does not recognize same-sex activity abroad.

Law regarding same-sex sexual activity

Ottoman Empire

In 1858, the

Ottoman Empire The Ottoman Empire, * ; is an archaic version. The definite article forms and were synonymous * and el, Оθωμανική Αυτοκρατορία, Othōmanikē Avtokratoria, label=none * info page on book at Martin Luther University) ...

legalised same-sex sexual intercourse.

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 did not have sodomy laws since 1890, the Fascist authorities still punished homosexuals. In 1941, the British reconquered British Somaliland and re-instated their sodomy laws.

British Somaliland

Prior to independence from the British, the Indian Penal Code of 1860 was applied in British Somaliland.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 legalised

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 ...

Somaliland

In 1991, Somaliland declared independence. Somaliland continues to apply the 1964 penal code in the country. The non-abolishment of the code is one of the reasons, noted by European scholars, why some advanced European countries won't recognize Somaliland independence. There are life threatening-events or death sentences in Somaliland and

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 ...

for LGBT people.

Recognition of same-sex relationships

Somaliland does not recognise

, domestic partnerships, or

civil union 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 ...

Summary table

References

{{Africa topic, LGBT rights in Somaliland LGBT in Somalia Law of Somaliland Society of Somaliland