LGBTQ rights in Djibouti

The legality of same-sex sexual activity is ambiguous in Djibouti. Although there is no law that mentions that same-sex sexual activity is legal or illegal, this doesn't prevent the authorities to prosecute the public display of same-sex sexual conduct under laws prohibiting attacks on “good morals".^[1]

Law No. 119/AN/15/7L establishing a Credit Information System protects sexual orientation as sensitive data. According to the law, “Sensitive data” means "personal data that relate to the private sphere of a natural person and may give rise to discriminatory behaviour towards that person or expose him or her to serious risks. Such sensitive data includes, among others, racial or ethnic origin, political, philosophical or religious opinions or trade union membership, as well as information relating to a person’s sexual orientation or health."^[2]

According to the Human Dignity Trust, Djibouti has no legal protections against discrimination based on sexual orientation or gender identity, and same-sex sexual activity remains criminalized under the Penal Code, carrying a potential prison sentence of up to three years.^[3] The U.S. State Department also reports that there are no known laws prohibiting discrimination against LGBT individuals in any context, and that violence and social stigma are widespread.^[4]

In June 2011, the UN Human Rights Council passed a resolution against human rights violations based on sexual orientation and gender identity (IGLHRC 17 June 2011; Human Rights Brief 10 Nov. 2011). Sources indicate that Djibouti voted against the resolution (ibid.; IGLHRC 17 June 2011).^[5]

The U.S. Department of State's 2015 Human Rights Report found that "there were no known reports of societal violence or discrimination based on sexual orientation. Societal norms did not allow for the public discussion of homosexuality, and persons did not openly acknowledge having a homosexual orientation."^[1]

• Human rights in Djibouti
• LGBTQ rights in Africa