Now, who would have thought about Queer Somalis? He has given us a snapshot on the bullying faced by LGBT people in the country and the everyday slangs that are used for them. Taking the necessary steps to protect oneself and staying informed about the ever-changing landscape of LGBT rights will help mitigate potential risks.
📍 Somalia 🇸🇴
Somalia is the easternmost country in Africa and located in the Horn of Africa.
Shamsa and Isfahan are a lesbian couple from Hargeisa, Somaliland, who had lived together in Rome, and are back in Hargeisa living in a seven bedroom house with four other lesbian couples. Article 409, which criminalises same-sex intimacy, is part of the same chapter on âoffences against modestyâ in the legislation.
Right to change legal gender in Somalia
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Right to change legal gender in Somalia is illegal.
Gender-affirming care in Somalia
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Legal recognition of non-binary gender in Somalia
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Legal recognition of non-binary gender in Somalia is not legally recognized.
Hate crime protections in Somalia
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Hate crime protections in Somalia is no protections.
LGBT discrimination in Somalia
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LGBT discrimination in Somalia is no protections.
LGBT employment discrimination in Somalia
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LGBT employment discrimination in Somalia is no protections.
LGBT housing discrimination in Somalia
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LGBT housing discrimination in Somalia is no protections.
Same-sex adoption in Somalia
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Same-sex adoption in Somalia is unknown.
Intersex infant surgery in Somalia
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Intersex infant surgery in Somalia is not banned.
Unnecessary ânormalisationâ surgeries on intersex infants are legal in Somalia although there is little information on if they are practiced.
Serving openly in military in Somalia
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Serving openly in military in Somalia is illegal.
LGBT people are currently banned from serving here.
Blood donations by MSMs in Somalia
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Equal age of consent in Somalia
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It is essential to stay informed and vigilant about any changes in the country’s political or social situation.
Islamic Shari’a Law deems homosexual acts punishable by the ‘death penalty or flogging’.
Equality is addressed in Article 11(2) of the constitution,
‘The State must not discriminate against any person on the basis of age, race, colour, tribe, ethnicity, culture, dialect, gender, birth, disability, religion, political opinion, occupation, or wealth’.
There is no mention of sexual orientation or gender identity.
The borders of the Federal Republic of Somalia include the regions of Somaliland and Puntland.
Under Article 409 of the Somali Penal Code, introduced in 1973, sexual intercourse between individuals of the same sex is punishable by imprisonment ranging from three months to three years. It is vital for those considering traveling to Somalia to stay informed and aware of the potential risks and precautions necessary to protect themselves in this difficult environment.
Trans Rights In Somalia
In Somalia, transgender individuals face significant challenges and limited rights.
Rahma’s from Geneva, Switzerland, who has finished her medical school and waiting to be a gynaecologist; is a fierce feminist educating the Somali community on the horrible practice of FGM (Female Genital Mutilation); loves her vagina and is looking forward to marrying her girlfriend.
It is essential to seek updated advice before traveling to comprehend the current state of LGBT rights in the country.
In case of encounters with law enforcement, such as police, it would be wise to cooperate and avoid contentious discussions on issues like sexual orientation. Badal from Bosaaso comes out to his family after being married, is forced to flee to Mogadishu and establishes a relationship with a married man, Mubarak.
Both locals and tourists should be aware of this hostile environment and take necessary measures to protect themselves from potential violence and discrimination.
Since the enforcement of the Penal Code varies between regions in Somalia, it is vital for individuals to be vigilant and cautious in all areas they visit. Those Federal Member States have yet to be decided, however the constitution holds that Member State Governments shall be ‘harmonised’ with the Federal Government creating a unified Somalia
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History
Homosexual activity in Somalia
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Same-sex marriage in Somalia
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Same-sex marriage in Somalia is banned.
Current status
The Marriage Law of 1975 states that marriage is defined as a contract between a man and a woman having equal rights and duties with the object of creating a family.
Censorship of LGBT issues in Somalia
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Censorship of LGBT issues in Somalia is other punishment.
Current status
Article 402 of the Penal Code (1964) of Somalia prohibits the commission of any âobscene actâ while Article 403 prohibits the sale, distribution, and exhibition of any âobscene objectâ.
Hardly any!
Non-intercourse “acts of lust” carry a prison sentence of two months to two years. Mogadishu is the capital and largest city. Such harsh penalties contribute to the prevalence of discrimination against LGBT individuals.
Employment discrimination is another issue faced by the LGBT community, as there are no legal protections against discrimination based on sexual orientation or gender identity in Somalia.
Remain vigilant and seek current advice before traveling.
The Federal Republic of Somalia’s Provisional Constitution, adopted in 2012, does not provide any discrimination protections for LGBT individuals regarding employment, housing, or the ability to adopt children as single individuals. Hamdi, a Somali trans woman, from Waqooyi in Northern Somalia, ran away from an abusive gay relationship to Mogadishu, then to a Kenyan refugee camp in Mombasa, finally emigrating to Seattle and has undergone gender reassignment surgery.
With this background, he introduces us to a diverse and interesting plethora of LGBT Somalis who he has interviewed for the book. Due to the lack of legal protection and social recognition, transgender individuals are often targeted and exploited. Al-Shabaab, a militant terrorist organisation who have pledged allegiance to al-Qaeda is actively involved in the war and despite the growing challenges, still controls large swathes of territory in southern Somalia.