Libya

Same-sex sexual activity is prohibited under Penal Code 1953, which criminalises ‘indecent acts’ and ‘illicit sexual intercourse’. These provisions carry a maximum penalty of five years’ imprisonment. Both men and women are criminalised under this law.

Libya gained independence in 1951 following a period of colonisation by Italy. The Penal Code adopted two years after independence criminalised same-sex sexual activity and continues to remain in force today.

There is some evidence of the law being enforced in recent years, with LGBT people occasionally subject to arrest. There appears to have been very few arrests under the law during Colonel Gaddafi’s leadership, though there have been reports of armed groups arresting and executing people accused of same-sex sexual activity since the revolution in 2011. There have been some reports of discrimination and violence being committed against LGBT people in recent years, though accurate and consistent reporting is limited due to the instability of the country in recent years.

2023

In January, eight individuals were arrested by the General Department for Combating Counter-Activities and Criminal Acts for allegedly practising sodomy.

2020

The US Department of State report found that armed groups police communities to enforce compliance with their understanding of ‘Islamic behaviour’, harassing and threatening people believed to be LGBT. The report does not suggest these people were arrested however.

2019

A report by Human Rights Watch cited local activists who stated that armed groups continued to detain people due to their sexual orientation.

2018 

Human Rights Watch’s world report noted that “activists report that several armed groups have arrested, abducted, and tortured men suspected of homosexuality in recent years.”

2015 

An article by Human Rights Watch in June reported on atrocities committed by the Islamic State in Libya, including alleged executions of at least five LGBT men. This included the shooting of three men accused of same-sex sexual activity in April 2015 and another in March 2014, and an incident in July 2015 in which a man, who had been imprisoned on ‘sodomy’ charges since 2008, was thrown from a mountain.

2014

In 2014 the European Court of Human Rights examined the question of persecution in Libya in the case of M.E. v Sweden. The case found no evidence of prosecutions since Gaddafi: “[T]he Court notes that, since the overthrow of Gadhafi in 2011, the situation in Libya has been, and continues to be, insecure and unclear as to the direction the country is taking. Consequently, there is also only little and varying information about the situation for homosexuals in Libya, making it difficult for the Court to make an evaluation of this matter. Although it is clear that homosexual acts are punishable by imprisonment under Articles 407 and 408 of the Libyan Penal Code, the applicant has not presented, and the Court has not found, any information or public record of anyone actually having been prosecuted or convicted under these provisions for homosexual acts since the end of Gadhafi’s regime in 2011. Thus, while having regard to the fact that homosexuality is a taboo subject and seen as an immoral activity against Islam in Libya, the Court does not have sufficient foundation to conclude that the Libyan authorities actively persecute homosexuals.”

2012

A Libyan LGBT activist, “Khaleed”, interviewed in 2012 after the fall of Gaddafi, reported only ever hearing of one case of the law being enforced, which was in 2010 where two men were arrested for indecent acts.

In November, a number of gay men were arrested by the Nawasi brigade, a Libyan paramilitary group, said at the time to be working under the authority of the Ministry of Interior. Whilst early reports suggested that the men, who were captured at a birthday party, were going to be executed, the group denied that the men were detained on account of their sexuality and they were apparently released a week later, bruised and with their heads shaven.

2022

The US Department of State found that armed groups often policed communities to enforce compliance with their commanders’ understanding of “Islamic” behaviour, harassing and threatening with impunity individuals believed to be LGBT.

2021

A UN fact-finding mission to Libya released a report in October which documented that there is a certain idea of “sexual and gender normality”, and that anyone who diverges from this can be subjected to violence including beatings and rape. 

A report from Al-Monitor found that members of the LGBT community have been victims of beatings, imprisonment, torture, forced disappearance, and murder by the armed militia groups.

2020

The US Department of State report found that societal and official discrimination against LGBT people was codified in local interpretations of Sharia law. There were reports of physical violence, harassment, and blackmail. While there was little information on discrimination, observers noted that the threat of violence could intimidate people who might report incidents.

Freedom House’s Freedom in the World report found that LGBT people face severe discrimination and harassment. 

2012

It is difficult to fully ascertain the level of persecution in Libya following the fall of Gaddafi – one report in March suggested that LGBT issues have been used to both “delegitimise” the Gaddafi regime, and to warn against adopting liberal values.

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