Gay Travel Advisory

Libya

Penal Code from 1953 amended by Law No. 70 from 1976

Sources
  1. Text of the law is available at: http://aladel.gov.ly/home/?p=1352

Legal Code Text

Article 407(4) - “Whoever has [illicit] sexual intercourse with another person with their consent shall be punished along with their partner with imprisonment for a period not exceeding 5 years.”

Article 408(4) - “Whoever disgraced the honour of a person with his consent shall be punished along with his partner with imprisonment.”

Article 421 - “Anyone who commits an act of indecency in a public place will be liable to detention for up to one year and a fine of up to 50 Dinars. The same penalty will apply to anyone who offends public decency by the distribution of writings, pictures or other articles of an indecent nature, or who publicly exposes the same for sale.”

Sources
  1. Ibid, 302.
  2. Ibid, 304.

ILGA Analysis & Notes

SOGI issues appear not to have been bought up in recommendations to Libya in either of their 1st or 2nd UPR cycles (November 2010 or May 2015). However, ARC International, IGLHRC and ILGA made a Joint Submission in 2010, and Amnesty International made mention of SOGI. Again in 2015, Amnesty repeated its earlier mention, and a recently-formed (2014) online organisation of LGBT Libyan activists, Quzah, submitted a report on the current SOGIESC situation in Libya, demonstrating how LGBTI Libyans are forced to hide their identities and go without protection from discrimination.

Sources
  1. Mayer, A. E. Libyan legislation in defense of Arabo-Islamic sexual mores. The American Journal of Comparative Law, (1980) 28(2) at 295 and 304.

Continues to criminalise 'illicit sex' under Penal Code (1953, as amended 1976) Art. 407(4)/408(4). Multiple 2023 enforcement incidents documented, including entrapment operations by the GNA-aligned General Directorate for Combating Counter Activities, amid ongoing post-civil-war legal fragmentation.