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LGBTQ rights in Libya

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LGBTQ rights in Libya
Libya
StatusIllegal since 1953
PenaltyUp to 5 years imprisonment [1]
Gender identityNo
MilitaryNo
Discrimination protectionsNo
Family rights
Recognition of relationshipsNo recognition of same-sex unions
AdoptionNo

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people are generally discriminated against in Libya. Homosexual activity is criminalised for both men and women within Libya, and homophobic attitudes are prevalent throughout the country.[2] Since the fall of the Gaddafi regime in 2011, the discriminatory laws regarding homosexuality in Libya remain unchanged.

Legality of same-sex sexual activity

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Criminal laws

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The country's criminal code prohibits all sexual activity outside of a lawful marriage. Under Article 407(4) of the Penal Code (1953), private homosexual acts between consenting adults are illegal.[3][4]

In the 1990s, the General People's Congress began to approve "purification" laws designed to enforce a harsh view of Islamic law on the population. Libyan courts were given the power to use amputation, flogging and other punishments against persons found to be violating traditional Islamic morality.[5]

In 2010, the Gay Middle East blog reported that two adult men had been charged with "indecent acts", which meant cross-dressing and homosexual conduct.[6]

Female homosexuality would also appear to be illegal, as is making any sort of public acknowledgment that a person is gay. In 2010 a French asylum case involved a Libyan girl who sought asylum after being jailed, raped and then returned to her family for a forced marriage after she made a public statement online that she was gay.[7] Vigilante executions, in lieu of the penal code, are more commonplace in ISIS-controlled territories.[8][9]

The criminal code is still technically in operation, although much of Libya is run by competing militias who may choose to execute LGBTQ people. ISIS in Libya has publicly executed men for homosexuality.[9]

Gaddafi Government

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The Gaddafi government did not permit the public advocacy of LGBTQ rights. When discussed, it was always in a negative manner, in keeping with traditional Islamic morality.[10]

In 2003, Gaddafi stated that he believed that it was "impossible" to contract AIDS–HIV through unprotected, heterosexual vaginal sex.[11]

Transitional Government

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The Transitional post-Gaddafi government continues to oppose LGBTQ rights. In February 2012 a Libyan delegate sparked outrage after telling a United Nations human rights panel that gay people threaten the future of the human race.[12]

Interim Constitution

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The Transitional Constitution stipulates that Islam is the official religion and a source of law.[13]

The Transitional Constitution also pledges to respect the people's right to have a private life.[13]

2019: Since 2019, Libya has one LGBTQ+ NGO called Kun Libya.[14] Libya's LGBTQ identifying population remains as of today under pressure to remain closeted due to the fall of the state since 2014.

Summary table

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Same-sex sexual activity legal No (Penalty: Up to 5 years in jail.)[3][8][9][15] In areas under control of militia groups, including Islamic State, LGBTQ people are executed, subject to forced disappearances, torture and other violence.[3][8][9][16][17]
Equal age of consent No
Anti-discrimination laws in employment only No
Anti-discrimination laws in the provision of goods and services No
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) No
Same-sex marriages No
Same-sex civil unions No
Recognition of same-sex couples No
Step-child adoption by same-sex couples No
Joint adoption by same-sex couples No
Gays and lesbians allowed to serve openly in the military No
Right to change legal gender No
Access to IVF for lesbians No
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood No

See also

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References

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  1. ^ "Libya". Human Dignity Trust. 11 February 2019.
  2. ^ "Libya". Human Dignity Trust. Retrieved 25 August 2023.
  3. ^ a b c ILGA report State-Sponsored Homophobia (2020) "Article 407(4) of the Penal Code (1953) as amended in 1976, states that consensual "illicit sex" carries a potential punishment of up to 5 years." p. 118
  4. ^ "Libyan Penal Code of 1953, Amended 1956 (selected provisions related to women) – 4: Title III – Offences Against Freedom, Honour and Morals". Corpus of Laws. Women's Learning Partnership. 5 October 2013. Archived from the original on 8 February 2018. Retrieved 19 May 2017.
  5. ^ Stokke, Hugo; Suhrke, Astri; Tostensen, Arne; Haanæs, Øystein Rygg (1997). Human Rights in Developing Countries: Yearbook 1997. The Hague: Kluwer International. ISBN 978-90-411-0537-0.
  6. ^ Littauer, Dan (25 December 2010). "Libya: Two Men Arrested for 'Indecent Acts' Archived 20 November 2011 at the Wayback Machine. gaymiddleeast.com (via globalgayz.com). Retrieved 15 September 2011.
  7. ^ Staff (25 October 2010). "Libya: Lesbian To Request Asylum In France" Archived 20 November 2011 at the Wayback Machine. Ansa Mediterranean (via globalgayz.com). Retrieved 15 September 2011.
  8. ^ a b c "Libyan 'Gay' Men Face Torture, Death By Militia: Report (GRAPHIC)". HuffPost. 26 November 2012. Update on November 27 at 9:15am ET: Though countless media outlets have covered this story, it is now unclear if it played out as stated by 'Human Rights Libya'.
  9. ^ a b c d "The situation of homosexuals in Libya is getting worse". D+C. Retrieved 1 July 2019.
  10. ^ Libya: Country of Origin (COI) Report (PDF) (Report). UK Border Office; Home Office. 19 December 2012. Retrieved 9 April 2021.
  11. ^ Young, Craig (8 March 2011). "Being Gay under Gaddafi" Archived 2 November 2011 at the Wayback Machine. GayNZ.com. Retrieved 15 September 2011.
  12. ^ "Libyan delegate to UN human rights panel: Gay people threaten the future of the human race". 15 February 2012. Retrieved 9 April 2021.
  13. ^ a b "The Constitutional Declaration" (PDF). Archived from the original (PDF) on 25 April 2012. Retrieved 12 February 2020.
  14. ^ "Home – Kun Libya Platform". Retrieved 10 September 2023.
  15. ^ Whitaker, Brian (21 June 2016). "Everything you need to know about being gay in Muslim countries". The Guardian.
  16. ^ Graeme Reid (8 June 2015). "Islamic State's War on Gays". Los Angeles Times – via Human Rights Watch.
  17. ^ Fairouz ben Salah (22 May 2021). "Libyan LGBTQ+ activists speak out on violence by extremist militias". Al-Monitor.
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