LGBT rights in Somalia
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.
See also: LGBT rights in SomalilandHistory[edit]
British Somali Coast Protectorate[edit]
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[edit]
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[edit]
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[edit]
Somali Democratic Republic[edit]
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]
HIV/AIDS[edit]
Prevention[edit]
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]