Behind the Mask

BEHIND THE MASK a website on gay and lesbian affairs in Africa

libya

about libya
official name: Great Socialist People's Libyan Arab Jamahiriya
capital: Tripoli
head of state: Revolutionary Leader Col. Muammar Abu Minyar al-Qaddafi
state: military dictatorship
population: 5.6 million
independence:
languages: Arabic, Italian, English
religion: Sunni Muslim 97%
currency: Libyan dinar (LYD)
media: NA
legal wise
status of homosexuality: illegal
age of consent: NA
laws covering homosexual activity: Section 407(4) of the Penal Code criminalizes homosexual acts with 3 to 5 years' imprisonment.

Jehoeda Soefer provides the following detailed account of the revision of the Penal Code after the 1969 coup which brought Colonel Gaddafi to power: "In 1953 Libya enacted a Penal Code based upon an Egyptian model (thus, via the Italian Code, influenced by the Code Napoleon)....The 'old' Article 407 of the Penal Code had provided for for punishment of imprisonment of up to 10 years for acts committed by force, deceit, or with minors or mental defectives; in 1973 it was changed by provision VIII/1, and now states: "Whoever has intercourse with a person with his consent will be punished with his partner by imprisonment of not more than 5 years." In the Arabic version of the addition the penalisation of consensual intercourse is sexually neutral. Presumably, this provision will cover sodomy, as Article 410 was deleted; it had penalised sodomy only where the offenders had committed the act publicly or had been apprehended in flagrante delicto.

Article 408 of the Penal Code was amended by Article VIII/2 which states: "Whoever commits an indecent act with a person with his consent will be punished with his partner with imprisonment." Article 408 now reaches all consensual acts between adults instead of incidents of sexual acts where there was no consent, with minors, or with mental defectives."

Jehoeda Soefer also comments on the introduction of certain Shari'a law provisions at that time: "Law 70 (after the 1969 coup) from October 2, 1973, "Regarding the establishment of the hadd penalty for zina modifiying some of the provisions of the Penal Law", revives selected shari'a rules regarding fornication. The definition of zina in Article 1 as intercourse between a man and woman who are not bound to each other by marriage, does not include sodomy upon males".

(Arno Schmitt and Jehoeda Sofer - "Sexuality and Eroticism Among Males in Moslem Societies")
It appears from Sofer's text (although not confirmed explicitly) that sex between women is also illegal.

Homosexual acts, or attempted acts by members of the armed forces, are prohibited under Section 114 of the Military Code of 1974 with a penalty of up to 5 years' imprisonment.

Source: ILGA

background information and government attitudes: 9.95: At UN 4th Conference on Women in Beijing opposed the (unsuccessful) proposal for inclusion of references to "sexual orientation" in the draft "Platform for Action"

Voted against granting ILGA consultative status at the UN in January 2002.

Libyan citizens are still not able to influence politics or the political process in any meaningful way, and the state demands total conformity. Political parties are banned, and there are no genuinely independent civil society organizations, although a few individual voices are beginning to try to challenge the status quo. The media, like all other institutions, remain totally dominated by the state.
Paralegal organizations such as the Revolutionary Committees Movement continue to spread fear among the population. Although their role has been somewhat sidelined to make way for the new reformist-minded faction who are able to engage with Western governments and actors, they are still a very important part of Qadhafi's power base.
Despite the adoption of a new discourse that promotes respect for human rights, the regime continues to commit human rights abuses, and anyone daring to challenge the regime is in danger of arrest, torture, or worse. The government continues to target Islamists in particular, and anyone suspected of belonging to or sympathizing with an outlawed politicized Islamic group is at risk. The judiciary is heavily influenced by the executive, and there is no guarantee of a fair trial for anyone suspected of a political offence.
From Freedom House's Countries at the Crossroads: 2005 A Survey of Democratic Governance www.freedomhouse.org/research/crossroads/2005/libya2005.pdf
communication
mainline telephones: 380,000 (1996)
cellular telephones: NA
internet country code: .ly
internet service providers: 1 (2000)
internet users: 7,500 (2000)
links and contacts
NA

liberal libya
May 3, 2004: Moammar Gadhafi, the president of Libya, has made some anti-gay remarks in the past but may be pleased to know that his gay citizens regard Libya as liberal by comparison to neighbouring Egypt. More…

libyan leader shocks au meeting in mozambique
July 14, 2003: Libyan president, Moammar Gadhafi has shocked African leaders claiming AIDS is overblown and that Africans who are "straight" need not fear the disease. More...

Behind the Mask are looking for contacts in or stories about gay life in Libya. Please contact us at info@mask.org.za if you can help.