LGBT rights in Somalia

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]

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]

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]

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]

As of 2004, one group reportedly existed for LGBT people in Somalia.[20] However lots of Somali immigrants have formed majority Somali or even solely Somali LGBT organizations in Canada.[21] The US Department of State reported in 2022 that: "There were few, very discreet, and mostly online-based LGBTQI+ organizations that held events."[19]

In territories controlled by Harakat al-Shabaab al-Mujahideen in Somalia, the terrorist organization enacts a strict interpretation of shariah which explicitly criminalises homosexual activity. The punishment for those found guilty is at a judge's discretion and may be punished by death[22] The ILGA reported in 2021 that it had information on enforcement by al-Shabaab, or other non-state armed groups, killing individuals for alleged homosexual activity: An 18-year-old man in 2013; a 15-year-old boy, together with a man aged 20 in 2017; and in 2018, another "young man". Verification of the incidents, independent from information supplied by the insurgent groups, was generally not available. The exact nature of the supposed offences was not clear in all cases. A number of human rights and LGBT activists, and those accused of "homosexuality", have been forced to flee the country for fear of execution or assassination.[7]

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]