LGBTQ rights in Yemen | |
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![]() Current (November 2021) political and military control in ongoing Yemeni Civil War (2014–present) Controlled by the Government of Yemen (under the Presidential Leadership Council since April 2022) and allies | |
Status | Illegal: Islamic Sharia Law is applied (Republic of Yemen) |
Penalty | Lashes, prison and up to execution (Republic of Yemen) States under Houthi Movement: Capital punishment |
Gender identity | No |
Military | No |
Discrimination protections | None |
Family rights | |
Recognition of relationships | No recognition of same-sex unions |
Adoption | No |
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Yemen face legal challenges not experienced by non-LGBTQ residents. [1] Same-sex sexual activity is punishable by death; this law is applied to both men and women. Members of the LGBTQ community additionally face stigmatization and homophobic violence among the broader population.
A provincial court in Yemen sentenced several people to death for engaging in homosexual acts in 2024. [2] In Yemen, homosexuality is criminalized under Article 264 of the Penal Code, with punishments ranging from 100 lashes to up to 7 years in prison for men and up to 3 years for women, while Sharia law imposes the death penalty by stoning for married men and severe penalties for others. The Yemeni Constitution, rooted in Sharia law, ensures that LGBTQ rights are entirely unrecognized, including the absence of protections against discrimination or recognition of same-sex unions. Under leaders such as former President Ali Abdullah Saleh and subsequent administrations, these laws have remained strictly enforced. Public advocacy for LGBTQ rights is prohibited, with individuals risking imprisonment, corporal punishment, or death for any related activities, reflecting the country's deeply conservative and oppressive stance on LGBTQ issues.
The Constitution of Republic of Yemen, amended in 2001, does not explicitly address LGBTQ rights. It does guarantee certain human rights to all citizens, with the condition that all legislation must be compatible with principles of Islamic Shariah law. [3]
Homosexuality was made illegal in British-controlled Aden in 1937 via the Indian Penal Code and in 1955 via the Penal Code of the Persian Gulf. The independent People's Democratic Republic of Yemen's 1976 penal code did not have any laws against homosexuality. [4] : 146
Punishment for homosexuality in present-day Yemen can originate from the 1994 penal code or from people seeking to enforce traditional Islamic morality.
Article 264 of the national penal code prohibits private consensual homosexual acts between adult men. The stipulated punishment in the law for unmarried men is 100 lashes and up to a year in prison. The law stipulates that married men convicted of homosexuality are to be put to death. [5]
Article 268 of the national penal code prohibits private consensual homosexual acts between adult women. The law stipulates that premeditated acts of lesbianism are punished with up to three years in prison. [5]
In addition to the penal code, punishment for homosexuality can originate from people seeking to enforce traditional Islamic morality within their own family or for the broader society. In vigilante cases such as this, the punishment for homosexuality is oftentimes death. [6]
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In 2013 there were credible reports of members of the al-Qaeda in the Arabian Peninsula were killing men for allegedly being gay. [7]
The government blocks access to webpages that express support of LGBTQ rights. [8] This policy of censorship also extends to publications and magazines in Yemen.
In 2012, the magazine Al Thaqafiya was shut down by the government for publishing a review of the Egyptian film titled, Heena Maysara (translates to "Till things get better"). The reviewer, a Yemeni filmmaker named Hamid Aqbi, expressed some support for LGBTQ rights while discussing the film. [9]
In 2004, the Yemem Times, an English-language magazine, was allowed to publish an opinion piece opposing legal recognition of gay marriage.
In 2003, the Week, an Arabic-language magazine, published an article that included interviews with Yemeni men imprisoned for homosexuality. The three journalists involved with the article were convicted by the government. [10] [ full citation needed ]
Same-sex sexual activity legal | ![]() |
Equal age of consent | ![]() |
Anti-discrimination laws in employment only | ![]() |
Anti-discrimination laws in the provision of goods and services | ![]() |
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) | ![]() |
Same-sex marriages | ![]() |
Recognition of same-sex couples | ![]() |
Stepchild adoption by same-sex couples | ![]() |
Joint adoption by same-sex couples | ![]() |
LGBT people allowed to serve openly in the military | ![]() |
Right to change legal gender | ![]() |
Access to IVF for lesbians | ![]() |
Commercial surrogacy for gay male couples | ![]() |
MSMs allowed to donate blood | ![]() |
Lesbian, gay, bisexual, and transgender (LGBTQ) people in Iran face severe challenges not experienced by non-LGBTQ residents. Sexual activity between members of the same sex is illegal and can be punishable by death, and people can legally change their assigned sex only through sex reassignment surgery. Currently, Iran is the only country confirmed to execute gay people, though death penalty for homosexuality might be enacted in Afghanistan.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Iraq face severe challenges not experienced by non-LGBT residents. Openly LGBTQ individuals are subject to criminal penalties under the 2024 law making homosexual relations punishable by up to 15 years in prison with fines and deportation; the 2024 law also criminalizes and makes punishable by prison time promoting homosexuality, doctors performing gender-affirming surgery, and men deliberately acting like women. Discrimination is also widespread. Openly gay men are not permitted to serve in the military and same-sex marriage or civil unions are illegal. LGBTQ people do not have any legal protections against discrimination and are frequently victims of vigilante justice and honor killings.
Lesbian, gay, bisexual, and transgender (LGBTQ) people in Saudi Arabia face repression and discrimination. The government of Saudi Arabia provides no legal protections for LGBT rights. Both male and female same-sex sexual activity is illegal within the country.
Lesbian, gay, bisexual, and transgender (LGBTQ) people in the Islamic Emirate of Afghanistan face severe challenges not experienced by non-LGBT residents. Afghan members of the LGBT community are forced to keep their gender identity and sexual orientation secret, in fear of violence and the death penalty. The religious nature of the country has limited any opportunity for public discussion, with any mention of homosexuality and related terms deemed taboo.
Gay Muslims (2006) is a Channel 4 documentary about a man named Joe Zakar, produced and directed by Cara Lavan, about the experiences of five Muslim people who identify as lesbian and gay and how they challenge the heterosexual-worldview within Islam, and attempt to integrate Islam with homosexuality. It is usually a stark choice between suppressing homosexual desires and leading an undercover double life, or coming out and losing the respect and support of their families and communities.
Lesbian, gay, bisexual and transgender (LGBT) people in the United Arab Emirates face discrimination and legal challenges. Homosexuality is illegal in the United Arab Emirates (UAE) and under the federal criminal provisions, consensual same-sex sexual activity is punishable by imprisonment; extra-marital sexual activity between persons of different sexes is also illegal. In both cases, prosecution will only be brought if a husband or male guardian of one of the participants makes a criminal complaint. The penalty is a minimum of six months imprisonment; no maximum penalty is prescribed, and the court has full discretion to impose any sentence in accordance with the country's constitution.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Nigeria face severe challenges. Both male and female expressions of homosexuality are illegal in Nigeria and punishable by up to 14 years in prison. There are no legal protections for LGBTQ people in Nigeria—a largely conservative country of more than 230 million people, split between a mainly Muslim north and a mainly Christian south. Very few LGBTQ people are open about their sexuality, as violence against them is frequent. According to PinkNews, Nigerian authorities generally target the LGBTQ community. Many LGBTQ Nigerians seek asylum to countries with progressive laws.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Pakistan face legal and social difficulties and persecution compared to non-LGBTQ persons. Pakistani law prescribes criminal penalties for same-sex sexual acts.
Lesbian, gay, bisexual, and transgender (LGBT) people face widespread prosecution in Uzbekistan. Same-sex sexual activity between men is illegal in Uzbekistan. The punishment is up to 3 years in prison. Uzbekistan is one of just 2 post-Soviet states in which male homosexual activity remains criminalized, along with Turkmenistan.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Brunei face legal challenges not experienced by non-LGBTQ residents. Both male and female expressions of homosexuality are illegal in Brunei. Sexual activity between men is de jure liable to capital punishment, with de facto lesser penalties of imprisonment and whipping applied; sex between women is punishable by caning or imprisonment. The sultanate applied a moratorium on the death penalty in 2019, which was still in effect as of May 2023. The moratorium could be revoked at any time.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people are generally discriminated against in Libya. 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 in 2011, the discriminatory laws regarding homosexuality in Libya remain unchanged.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Qatar experience legal persecution. Sexual acts between males and between females are illegal in Qatar, with punishment for both Muslims and non-Muslims of up to three years in prison. For Muslims duly convicted in the sharia courts, a judicial sentence of capital punishment for homosexuality is a possibility, though it has never been imposed. Abuse such as beatings and torture, and forced "conversion therapy" have also been used by police and other authorities.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Somalia face severe challenges not experienced by non-LGBTQ residents. Consensual same-sex sexual activity is illegal for both men and women. In areas controlled by al-Shabab, and in Jubaland, capital punishment is imposed for such sexual activity. In other areas, where Sharia does not apply, the civil law code specifies prison sentences of up to three years as penalty. LGBTQ people are regularly prosecuted by the government and additionally face stigmatization among the broader population. Stigmatization and criminalisation of homosexuality in Somalia occur in a legal and cultural context where 99% of the population follow Islam as their religion, while the country has had an unstable government and has been subjected to a civil war for decades.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Senegal experience legal persecution. Senegal specifically outlaws same-sex sexual acts and, in the past, has prosecuted men accused of homosexuality. Members of the LGBTQ community face routine discrimination in Senegalese society.
A sodomy law is a law that defines certain sexual acts as crimes. The precise sexual acts meant by the term sodomy are rarely spelled out in the law, but are typically understood and defined by many courts and jurisdictions to include any or all forms of sexual acts that are illegal, illicit, unlawful, unnatural and immoral. Sodomy typically includes anal sex, oral sex, manual sex, and bestiality. In practice, sodomy laws have rarely been enforced to target against sexual activities between individuals of the opposite sex, and have mostly been used to target against sexual activities between individuals of the same sex.
Lesbian, gay, bisexual, and transgender (LGBTQ) people are generally discriminated in the Maldives.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in South Sudan face legal and societal challenges not experienced by non-LGBTQ residents. Male same-sex sexual activity is illegal and carries a penalty of up to 10 years' imprisonment. Active enforcement of the law is not pursued by authorities: No prosecutions are known to have occurred since South Sudan gained its independence in 2011. LGBTQ persons are met with abuse and discrimination from agents of the government and additionally face stigmatisation among the broader population.
Capital punishment as a criminal punishment for homosexuality has been implemented by a number of countries in their history. It is a legal punishment in several countries and regions, all of which have Islamic-based criminal laws, except for Uganda.
Capital punishment for offenses is allowed by law in some countries. Such offenses include adultery, apostasy, blasphemy, corruption, drug trafficking, espionage, fraud, homosexuality and sodomy not involving force, perjury causing execution of an innocent person, prostitution, sorcery and witchcraft, theft, treason and espionage. In addition to civilian treason and espionage, often considered capital crimes against the state where the death penalty is retained, military laws frequently ordain execution for serious offences, including in jurisdictions where capital punishment is illegal or obsolete under civilian law.
Some or all sexual acts between men, and less frequently between women, have been classified as a criminal offense in various regions. Most of the time, such laws are unenforced with regard to consensual same-sex conduct, but they nevertheless contribute to police harassment, stigmatization, and violence against homosexual and bisexual people. Other effects include exacerbation of the HIV epidemic due to the criminalization of men who have sex with men, discouraging them from seeking preventative care or treatment for HIV infection.