LGBTQ rights in Somaliland | |
|---|---|
Somaliland's controlled territory is in dark green and territory claimed in light green | |
| Legal status | Illegal since 1941 (asBritish Somaliland Protectorate)[1][2] |
| Penalty | Up to Death[3][4] or 3 years imprisonment[5] |
| Gender identity | No |
| Military | No |
| Discrimination protections | None |
| Family rights | |
| Recognition of relationships | No recognition of same-sex unions |
| Adoption | No |
Lesbian,gay,bisexual,transgender, and queer (LGBTQ) people inSomaliland face severe challenges not experienced by non-LGBTQ residents. Somaliland has been aMuslim-majority nation with harsh societal rules. It is dangerous for LGBTQ people, who face up to thedeath penalty, withextrajudicial killings andmob lynching being used as an instrument for punishinghomosexuals. Somaliland does not recognize same-sex activity abroad.
In 1940, ItalyconqueredBritish Somaliland and annexed it into theItalian East Africa. 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.[1]
Prior toindependence from the British, theIndian Penal Code of 1860 was applied inBritish Somaliland.[6]
In 1964, a new penal code came into force in theSomali Republic. The code states that "Whoever has carnal intercourse with a person of the samesex 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. TheUnited Kingdom has since then legalisedhomosexuality,civil partnership, andsame-sex marriage.[6]
In 1991, Somalilanddeclared 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.[1]
There are life threatening-events or death sentences in Somaliland andSomalia for LGBTQ people.[3][4]
Somaliland does not recognisesame-sex marriage,domestic partnerships, orcivil unions.
| Same-sex sexual activity legal | |
| Equal age of consent | |
| Anti-discrimination laws in employment | |
| Anti-discrimination laws in the provision of goods and services | |
| Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) | |
| Same-sex marriage | |
| Recognition of same-sex couples | |
| Step-child adoption by same-sex couples | |
| Joint adoption by same-sex couples | |
| Gays and lesbians allowed to serve openly in the military | |
| Right to change legal gender | |
| Access to IVF for lesbians | |
| Commercial surrogacy for gay male couples | |
| MSMs allowed to donate blood |