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LGBTQ rights in Somaliland

From Wikipedia, the free encyclopedia

LGBTQ rights in Somaliland
Somaliland's controlled territory is in dark green and territory claimed in light green
Legal statusIllegal since 1941 (asBritish Somaliland Protectorate)[1][2]
PenaltyUp to Death[3][4] or 3 years imprisonment[5]
Gender identityNo
MilitaryNo
Discrimination protectionsNone
Family rights
Recognition of relationshipsNo recognition of same-sex unions
AdoptionNo

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.

Law regarding same-sex sexual activity

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Italian East Africa

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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]

British Somaliland

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Prior toindependence from the British, theIndian Penal Code of 1860 was applied inBritish Somaliland.[6]

Somali Republic

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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]

Somaliland

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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]

Recognition of same-sex relationships

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Somaliland does not recognisesame-sex marriage,domestic partnerships, orcivil unions.

Summary table

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Same-sex sexual activity legalNo Punished with up to death
Equal age of consentNo
Anti-discrimination laws in employmentNo
Anti-discrimination laws in the provision of goods and servicesNo
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)No
Same-sex marriageNo
Recognition of same-sex couplesNo
Step-child adoption by same-sex couplesNo
Joint adoption by same-sex couplesNo
Gays and lesbians allowed to serve openly in the militaryNo
Right to change legal genderNo
Access to IVF for lesbiansNo
Commercial surrogacy for gay male couplesNo
MSMs allowed to donate bloodNo

See also

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References

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  1. ^abc"STATE-SPONSORED HOMOPHOBIA"(PDF). Archived fromthe original(PDF) on 2016-10-20. Retrieved2015-02-23.
  2. ^"Where is it illegal to be gay?".BBC News. 10 February 2014.
  3. ^ab"Young Somali activist sentenced to death for being a lesbian". independent. 2016.
  4. ^ab"'Don't come back, they'll kill you for being gay'". BBC. 2020.
  5. ^"Map Shows Where It's Illegal to be Gay – 30 Years Since WHO Declassified Homosexuality as Disease".Forbes.
  6. ^abLEGISLATIVE DECREE NO. 5 OF 16 December 1962
See also
Sovereign states
States with limited
recognition
Dependencies and
other territories
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