LGBTQ rights in the Sahrawi Arab Democratic Republic | |
|---|---|
_highlighted.svg) Sahrawi Arab Democratic Republic and claimed territories | |
| Legal status | Illegal (dubious) |
| Penalty | Up to 3 years' imprisonment (dubious) |
| Discrimination protections | None |
| Family rights | |
| Recognition of relationships | No recognition of same-sex unions |
| Adoption | No |
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in theSahrawi Arab Democratic Republic (SADR) face significant challenges not experienced by non-LGBTQ residents.
Multiple sources such as the Council for Global Equality,Equaldex and theInternational Lesbian, Gay, Bisexual, Trans and Intersex Association describesame-sex sexual activity as being illegal in the SADR for both males and females, and punishable by up to three years in prison.[1][2][3][4]
According to a 2009USCRI report, Sahrawi government officials inrefugee camps in Algeria "declared that they were holding some prisoners on charges of "homosexuality" even as they alleged facts that would more fittingly describe rape."[5]
Ahmed Mulay Alli, diplomatic representative of the SADR in Mexico, was quoted in a 2010 report as saying "the Constitution of the SADR does not refer to homosexuality or any other sexual practice; that is, it does not touch on it, it does not punish it".[6] According to the Spanish Commission for Refugee Aid (CEAR), there is thus no type of protection for LGBTQ individuals in case of discrimination or violence. Most residents of the country areMuslim, and same-sex relationships are seen as a foreign phenomenon.[7]
The region was underSpanish colonial rule until 1976, and homosexuality was not decriminalized in Spain until 1979.[8] Same-sex sexual activity is also illegal inMorocco,[9] which controls most of the territory inWestern Sahara claimed by the SADR.
Specifically, "the Constitution of the SADR does not refer to homosexuality or any other sexual practice; that is, it does not touch on it, it does not punish it," but neither does it assume it as a reality, it omits it, it excludes it; it does not consider it a social phenomenon that needs to be put on the table for discussion.