Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people are generally discriminated against in

Libya Libya, officially the State of Libya, is a country in the Maghreb region of North Africa. It borders the Mediterranean Sea to the north, Egypt to Egypt–Libya border, the east, Sudan to Libya–Sudan border, the southeast, Chad to Chad–L ...

. Homosexual activity is criminalised for both men and women within Libya, and homophobic attitudes are prevalent throughout the country. Since the fall of the

Gaddafi regime Muammar Gaddafi became the '' de facto'' leader of Libya on 1 September 1969 after leading a group of young Libyan Army officers against King Idris I in a bloodless coup d'état. When Idris was in Turkey for medical treatment, the Revolutio ...

in 2011, the discriminatory laws regarding homosexuality in Libya remain unchanged.

Legality of same-sex sexual activity

Criminal laws

The country's

criminal code A criminal code or penal code is a document that compiles all, or a significant amount of, a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...

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.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 In the 1990s, the General People's Congress began to approve "purification" laws designed to enforce a harsh view of

Islamic law Sharia, Sharī'ah, Shari'a, or Shariah () is a body of religious law that forms a part of the Islamic tradition based on scriptures of Islam, particularly the Qur'an and hadith. In Islamic terminology ''sharīʿah'' refers to immutable, intan ...

on the population. Libyan courts were given the power to use amputation,

flogging Flagellation (Latin , 'whip'), flogging or whipping is the act of beating the human body with special implements such as whips, rods, switches, the cat o' nine tails, the sjambok, the knout, etc. Typically, flogging has been imposed ...

and other punishments against persons found to be violating traditional Islamic morality. 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. 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. Vigilante executions, in lieu of the penal code, are more commonplace in ISIS-controlled territories. 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.

Gaddafi Government

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. In 2003, Gaddafi stated that he believed that it was "impossible" to contract

AIDS The HIV, human immunodeficiency virus (HIV) is a retrovirus that attacks the immune system. Without treatment, it can lead to a spectrum of conditions including acquired immunodeficiency syndrome (AIDS). It is a Preventive healthcare, pr ...

–

HIV The human immunodeficiency viruses (HIV) are two species of '' Lentivirus'' (a subgroup of retrovirus) that infect humans. Over time, they cause acquired immunodeficiency syndrome (AIDS), a condition in which progressive failure of the im ...

through unprotected, heterosexual vaginal sex.

Transitional Government

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.

Interim Constitution

The Transitional Constitution stipulates that Islam is the official religion and a source of law. The Transitional Constitution also pledges to respect the people's right to private life. 2019: Since 2019, Libya has one LGBTQ+ NGO calle
Kun Libya
Libya's LGBTQ identifying population remains as of today under pressure to stay closeted due to the fall of the state since 2014.

Summary table

References

Criminalization of homosexuality Homophobia Human rights abuses Human rights in Libya LGBTQ in Libya {{Title country

Transphobia Violence against LGBTQ people