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LGBT rights in the Sahrawi Arab Democratic Republic

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LGBTQ rights in the Sahrawi Arab Democratic Republic
Sahrawi Arab Democratic Republic and claimed territories
StatusIllegal (dubious)
PenaltyUp to 3 years' imprisonment (dubious)
Discrimination protectionsNone
Family rights
Recognition of relationshipsNo recognition of same-sex unions
AdoptionNo

Lesbian, gay, bisexual and transgender (LGBT) people in the Sahrawi Arab Democratic Republic (SADR) face significant challenges not experienced by non-LGBT residents.

Status

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Multiple sources such as the Council for Global Equality, Equaldex and the International Lesbian, Gay, Bisexual, Trans and Intersex Association describe same-sex sexual activity as being illegal in the SADR for both males and females, and punishable by up to three years in prison.[1][2][3][4]

According to a 2009 USCRI report, Sahrawi government officials in refugee camps in Algeria "declared that they were holding some prisoners on charges of "homosexuality" even as they alleged facts that would more fittingly describe rape."[5]

Ahmed Mulay Alli, diplomatic representative of the SADR in Mexico, was quoted in a 2010 report as saying "the Constitution of the SADR does not refer to homosexuality or any other sexual practice; that is, it does not touch on it, it does not punish it".[6] According to the Spanish Commission for Refugee Aid (CEAR), there is thus no type of protection for LGBT individuals in case of discrimination or violence. Most residents of the country are Muslim, and same-sex relationships are seen as a foreign phenomenon.[7]

The region was under Spanish colonial rule until 1976, and homosexuality was not decriminalized in Spain until 1979.[8] Same-sex sexual activity is also illegal in Morocco,[9] which controls most of the territory in Western Sahara claimed by the SADR.

See also

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References

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  1. ^ "Reference Guide for LGBT Employee Overseas Relocations" (PDF). Council for Global Equality. June 2011. Retrieved 26 August 2024.
  2. ^ "LGBT Rights in Western Sahara". Equaldex. 6 September 2018. Retrieved 26 August 2024.
  3. ^ "State Sponsored Homophobia 2016: A world survey of sexual orientation laws: criminalisation, protection and recognition" (PDF). International Lesbian, Gay, Bisexual, Trans and Intersex Association. 17 May 2016. Retrieved 19 May 2016.
  4. ^ Cherubini, Elena; Nissim, Mayer (26 July 2017). "Where is it illegal to be gay?". PinkNews. Retrieved 26 August 2024.
  5. ^ "Stonewalling on refugee rights: Algeria and the Sahrawi". ReliefWeb. 26 October 2009. Retrieved 26 August 2024.
  6. ^ Limón Rivas, Laura (2010). "La diversidad sexual en el Islam: el caso saharaui". Trabajo Social UNAM: 77. Retrieved 26 August 2024. Specifically, "the Constitution of the SADR does not refer to homosexuality or any other sexual practice; that is, it does not touch on it, it does not punish it," but neither does it assume it as a reality, it omits it, it excludes it; it does not consider it a social phenomenon that needs to be put on the table for discussion.
  7. ^ Morón Gallego, Sara (3 October 2018). "Situación del colectivo LGTBI en el Sáhara Occidental" (PDF). Spanish Commission for Refugee Aid. pp. 5, 9. Retrieved 26 August 2024.
  8. ^ Racamonde, Mar (28 June 2022). "The history of LGBTQ+ rights in Spain". Europeana. Retrieved 26 August 2024.
  9. ^ "Morocco". Human Dignity Trust. Retrieved 25 August 2023.
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