LGBTQ rights in United Arab Emirates | |
---|---|
Status | Illegal (rarely enforced): Prosecution only on complaint of husband or (male) legal guardian [1] [2] |
Penalty | |
Gender identity | No |
Military | No |
Discrimination protections | None |
Family rights | |
Recognition of relationships | No recognition of same-sex relationships |
Adoption | No |
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.
While there have been no known arrests or prosecutions for same-sex sexual activity in the UAE since at least 2015 (as of 2022 [update] ), with no upper limit to penalties codified, capital punishment is a theoretical outcome for (married) participants. Any penalty imposed is suspended if the complainant withdraws the complaint or "forgives" the transgressor. [1] [4] [5] Some have claimed the laws of homosexuality in the UAE are unclear, referring to the ambiguous English translation of the Arabic text of the country's penal code. [6]
Additionally, individuals have been prosecuted for offences related to sexual and gender identity under public decency laws, for acts such as kissing in public, or for cross-dressing. [4] [7]
The UAE's Federal Penal Code does not replace the legal system of each emirate, [8] unless it is contrary to the federal law. Persons may be charged under the Federal Penal Code, or under a local (emirate) penal code. [9]
Adherence of the country's legal and justice system to sharia [a] allows for capital punishment as a legal penalty for some crimes. Same-sex sexual activity— as with other sex acts by married persons outside marriage — are in the category of crimes notionally liable to capital punishment in the United Arab Emirates, under zina provisions, at least prior to amendments contained in the new 2021 Federal Crime and Punishment Law. Despite this, there are no known instances of imposition of the death penalty, or sentences to life in prison, for such offences. [5] [b]
According to the British non-profit, Human Dignity Trust, as of 2020 [update] , all annual human rights reports from the U.S. Department of State on UAE after 2015, [11] have stated there are no records of arrests or prosecutions for same-sex sexual activity in the country. [4]
Involuntary medical and psychological "treatments", including administration of hormonal therapies, and detention for forced psychological treatments, [12] have occurred. There have been reports of mistreatment in detention such as beatings, [13] and forced rectal examinations, [14] : 479 amounting to torture, [13] [15] have been consequences of such suspected or established same-sex sexual conduct.
In January 2022, a new 2021 Federal Crime and Punishment Law came into force, reinstituting some provisions of personal relationship law that had been removed by amendments in 2020. Retained from the 2020 amendment is the requirement that criminal proceedings for non-marital sexual conduct are only instigated at the behest of (male) spouses or guardians, rather than police or other state authorities. [1] [16]
The law against "voluntary debasement", variously rendered in English as 'indecent assault', 'indecency', or 'carnal knowledge' [7] : 82 may be enforced against consensual same-sex (and heterosexual, if outside marriage [17] [18] [19] ) activities. [13] Since 2022, this provision, Article 356, is only invoked upon the complaint of the husband or male guardian of a participant in same-sex or extramarital sexual conduct. [3] If criminal proceedings are instigated in this way, the minimum penalty that may be imposed upon conviction is a six months' term of imprisonment. There is no maximum penalty prescribed, so that judges may sentence offenders to any penalty allowable under the constitution. The effect of the 2021 amendment which updated Article 1 to: "The provisions of the Islamic Shari'a shall apply to the retribution and blood money crimes. Other crimes and their respective punishments shall be provided for in accordance with the provisions of this Law and other applicable penal codes", is as yet unclear. [1] [10] Before the amendment, penalties under Article 356 were imprisonment for at least one year and up to fifteen years. Until 2020, criminal prosecution could proceed without the spouse or guardian filing a complaint. [13] : 138, 202
The U.S. Department of State's 2022 report states: [20]
Both civil law and sharia criminalize consensual same-sex sexual conduct between adults. The penalty for individuals who engage in "consensual sodomy with a man is a minimum prison sentence of six months" if a complaint is filed by the partner or the guardian. There were no known reports of arrests or prosecutions for consensual same-sex sexual conduct.
— U.S. Department of State, 2022 Report on Human Rights Practices: United Arab Emirates, p. 34
Article 80 of the Abu Dhabi Penal Code makes sodomy punishable by imprisonment of up to 14 years. [21] Cross-dressing is likewise illegal. [22]
In 2005, 26 young men were arrested when Abu Dhabi Police raided a social gathering at a hotel in a desert resort town. The police alleged the men were found engaging in cross-dressing and preparing to celebrate a "gay wedding". [23] In discussing the raid, Mohammed bin Nukhaira Al Dhahiri, Minister of Justice, Islamic Affairs and Auqaf stated, "There will be no room for homosexual and queer acts in the UAE. Our society does not accept queer behaviour, either in word or in action". [24] Initial reports suggested that some of the men were ordered to accept hormone "treatments" in exchange for lighter sentences, although the government subsequently backed off from these statements.[ citation needed ] Twelve of the men were found guilty and sentenced; eleven were given a five-year prison sentence, and one a one-year sentence. The eleven had reportedly confessed to "homosexual practices". The remaining fourteen were released after being found not guilty. [9] [23]
On 9 August 2017, Emirati police in Abu Dhabi detained two Singaporean nationals in a shopping mall. A court convicted and sentenced them to one year in prison "for attempting to resemble women". The UAE deported them on 28 August after they spent nearly three weeks in custody, much of that time in a cell they said was designated for "effeminate" people. [25]
Article 177 of the Penal Code of Dubai imposes imprisonment of up to 10 years for consensual sodomy. The most common depictions in the local media of LGBTQ people involve foreigners, disease, and sex crimes such as rape. [26]
In July 2007, [27] a case involved the kidnapping and rape of a sixteen-year-old French-Swiss boy by a group of men. [28] The boy stated in a closed court session that after leaving an arcade, he saw a 17-year-old acquaintance who offered to drive him home, after entering the car and driving past his home, the three men raped him. [27] [29] Initially, the police treated the victim as a suspect and the fear of being charged under Article 177 prompted the boy and his family to leave the country. [28] His mother accused the UAE authorities of not notifying her family that one of the rapists was HIV-positive, thus delaying the seeking of medical attention for her son. [29] No formal charges were brought against the teenager who testified against his rapists. The story generated international media attention with government representatives defending the criminal laws against homosexuality, saying: "This is a conservative society. Homosexuality, conducted homosexuality is an illegal act. And we are not ashamed of that". [30] The boy was also awarded AED 15 million (US$4 million) in civil compensation. [31]
The legal and social sanctions against LGBT people mean that no formal LGBT organizations or nightclubs exist in Dubai. A nightclub sponsored a special night for the LGBT community, only to be shut down by the government. [32]
In 2012, police arrested two Indian men for having consensual sex in a public toilet at a bus station. Both were jailed for six months each and were deported following their prison terms. [33] In the same year, a 28-year-old British man who drunkenly had sex with another man in public were both sentenced to three years in jail followed by deportation. [34] On 21 March 2012, police raided and broke up a gay party consisting of 30 men. [35] On 7 June 2012, a Belgian man admitted to police that he was in a homosexual relationship with a Filipino. He was arrested and jailed for a year to be followed by deportation. [36]
In December 2013, Karen Mke and Kamilla Satto, two transgender women from Brazil, were arrested in Dubai for "imitating women" after calling the police due to prejudices they witnessed in the nightclub. [37] After learning the two were transgender, they were arrested and the two were reportedly detained for two days without explanation. [37] The women were not allowed to leave Dubai, and faced criminal charges. [38] The two were held until March 2014 and were fined AED 10,000 (US$2722.50) and ordered to be deported.
Canadian YouTuber and model Gigi Gorgeous, who is a transgender woman, was detained for five hours at Dubai International Airport in August 2016 due to authorities not recognizing her gender as legitimate. Her passport was confiscated during her detention. After being released from detention, she departed immediately for Sweden. [39]
In October 2017, a Scottish man from Stirling faced a three-year jail sentence after putting his hand on a man in a bar so as to not "bump and spill drinks". The tourist was arrested for public indecency after touching the other man's hip. [40] The charges of public indecency were dropped following the intervention of the ruler of Dubai, Mohammed bin Rashid Al Maktoum. [41]
Sex reassignment surgery is severely restricted to limited circumstances which are highly regulated by the state. [42] [43] [5]
Historically, crossdressing has been illegal for men deemed to be dressing as women in any context; however, since November 2020 only people who enter places designated for women while "disguised as a woman" may be prosecuted. Such actions are punishable by a prison sentence of up to a year and a fine of DH 100,000. [5] Before the legal change, the penal code criminalized the wearing of clothes deemed "inapproriate for one's sex" in any circumstances. [44]
Gay conversion practices are not prohibited or discouraged by any law or regulation. [45]
In May 2015, PlanetRomeo, an LGBTQ social network, published its first Gay Happiness Index (GHI). Gay men from over 120 countries were asked about how they feel about society's view on homosexuality, how they are treated by other people and how satisfied they are with their lives. The UAE was ranked 85th with a GHI score of 37. [46]
No LGBTQI+ support or advocacy organizations operate openly in the country. Social attitudes towards homosexuality and varied gender expression, together with the likelihood of state repression, prevents the establishment of such organisations or community education on related issues. [5] [12]
There are no protections under any UAE law or policy against discrimination on the basis of sexual orientation, gender identity or expression, or sex characteristics. [5]
The Government in the United Arab Emirates has restricted access to various websites and monitors chat rooms, instant messages and blogs. There were only a few reports of prosecutions and punishments but many people on the internet have been censored their conversations and identity in gay chat rooms. The country's only internet service provider has a proxy server which blocks any website that goes against the country's moral values. Sites regarding dating or marriage, LGBT issues, the Baháʼí Faith or sites related to unblocking the censorship are all inaccessible. Some reports or sites related to unblocking the censorship are all inaccessible. Reports even suggest that any site with the word gay or sex is blocked. [47]
The UAE's Media Regulatory Office banned the screening of Pixar's Lightyear in cinemas in June 2022, stating that the movie violated the Emirates' media content standards. The movie was opposed for depicting a same-sex relationship. [48] Later that month, Majid, a popular Arabic-language comic book series for children, came under investigation by the UAE authorities for allegedly promoting homosexuality. The magazine withdrew its May 2022 edition, which depicted a multi-colored character. In one dialogue the character said, "Amazing, I have the capability to colour things ... Ali will wish to become like me." According to The New Arab, [49] a number of social media users had complained that Majid had intentionally used the Arabic word مثلي (mithli) in this character's speech, a word which means both a "homosexual" and "like me". [50]
In June 2023, the UAE banned Spider-Man: Across the Spider-Verse, a week ahead of its expected release in the region. The movie failed to pass the Emirates' censorship requirements, due to a scene that depicted a glimpse of a transgender flag displaying the words "Protect Trans Lives". [51] Also in June 2023, the Amazon company complied with the Emirati government's requirement to impose restrictions on its product listings and site-search capabilities. Under threat of penalties to the company, Amazon blocked search results for 150 terms on its UAE site, according to the New York Times. Input terms such as lgbtq, pride, and closeted gay return "no results" when used on Amazon in the UAE. Individual item listings were also removed; for example, the work Bad Feminist, by Roxane Gay, amongst other book titles. [52]
Same-sex sexual activity legal | Illegal: Prosecution only at behest of husband or male guardian; any penalty will be waived with permission of complainant [53] (Penalty: Maximum sentence not determined—it is at the court's discretion; the minimum sentence is 6 months imprisonment [1] ) |
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 | Adoption is not legal for anyone of any gender or sexual orientation [54] |
Joint adoption by same-sex couples | Adoption is not a legal option for any couple within the UAE, in accordance with Islamic law [54] |
LGBT history education allowed | Illegal: reference to same-sex relationships or related matters is forbidden. [55] |
LGBT people allowed to serve openly in the military | |
Right to change legal gender | |
Conversion therapy illegal | |
Access to IVF for lesbians | Only a woman and a man married to each other may conceive using IVF. Fertility treatments using donor sperm or ova are disallowed for everyone, including married heterosexual couples [56] |
Access to gender identity treatment for minors with gender dysphoria | |
Commercial surrogacy for gay male couples | Surrogacy is not legal for anyone, including married heterosexual couples [56] |
MSMs allowed to donate blood | [57] [ better source needed ] |
Both civil law and sharia criminalize consensual same-sex sexual conduct between adults. Under sharia individuals ... could be subject to the death penalty. Dubai's penal code allows for up to a 10-year prison sentence for conviction of such activity, while Abu Dhabi's penal code allows for up to a 14-year prison sentence. There were no known reports of arrests or prosecutions for consensual same-sex conduct [in 2021].— U.S. Department of State, 2021 Report on Human Rights Practices: United Arab Emirates, pp. 35–36
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, 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.
Human rights in the United Arab Emirates (UAE) are substantially restricted. The UAE does not have democratically elected institutions and citizens do not have the right to change their government or form political parties. Activists and academics who criticize the government are detained and imprisoned, and their families are often harassed by the state security apparatus. There are reports of forced disappearances of foreign nationals and Emirati citizens, who have been abducted, detained and tortured in undisclosed locations, and denied the right to a speedy trial and access to counsel during investigations by the UAE government. Human Rights Watch states that Emirati laws maintain capital punishment and discriminate against women, migrants and LGBT individuals.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Tunisia face legal challenges not experienced by non-LGBTQ residents. Both male and female kinds of same-sex sexual activity are illegal in the country. According to the United States Department of State's 2018 report on human rights in Tunisia, "authorities occasionally use [the anti-sodomy law] to detain and question persons about their sexual activities and orientation, reportedly at times based on appearance alone."
Lesbian, gay, bisexual, transgender (LGBT) people in Yemen face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is punishable by death; this law is applied to both men and women. Members of the LGBT community additionally face stigmatization and homophobic violence among the broader population.
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, and transgender (LGBT) people in Turkmenistan face active discrimination and stigmatization compared to non-LGBT residents. Turkmenistan is one of the only two post-Soviet states where male homosexual activity remains criminalized, along with Uzbekistan.
Lesbian, gay, bisexual, and transgender (LGBT) 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 in Malawi face legal challenges not experienced by non-LGBTQ residents. Both male and female expressions of same-sex sexual activity are illegal within the nation. The Penal Code prohibits "carnal knowledge against the order of nature", attempts to commit "carnal knowledge against the order of nature", and acts of "gross indecency". Homosexuality among men is punishable by up to 14 years in prison in the country, while homosexuality among women is also punishable by up to five years in prison. There are no protections for LGBTQ rights in the country.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Mauritania face severe legal challenges not experienced by non-LGBTQ residents. Both male and female kinds of same-sex sexual activity are illegal in Mauritania. Openly homosexual Muslim men face stoning to death, though there have been no known cases of executions caused by homosexuality charges in the country; whereas women who have sex with women face prison.
Lesbian, gay, bisexual, and transgender (LGBT) 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.
Human rights in Dubai are based on the Constitution and enacted law, which promise equitable treatment of all people, regardless of race, nationality or social status, per Article 25 of the Constitution of the United Arab Emirates. Despite this, Freedom House has stated: "Extreme forms of self-censorship are widely practiced, particularly regarding issues such as local politics, culture, religion, or any other subject the government deems politically or culturally sensitive. The Dubai Media Free Zone (DMFZ), an area in which foreign media outlets produce print and broadcast material intended for foreign audiences, is the only arena where the press operates with relative freedom."
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.
According to Human Rights Watch, there is substantial discrimination against women in the United Arab Emirates. The status of women has improved over the years. UAE performs better on metrics of gender equality than many other states in the Gulf region, and it has been making reforms to protect women's rights and empower women in different sectors. Critics describe some of these reforms as window dressing.
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.
The legal system in the United Arab Emirates is based on civil law, and Sharia law in the personal status matters of Muslims and blood money compensation. Personal status matters of non-Muslims are based on civil law. The UAE constitution established a federal court system and allows all emirates to establish local courts systems. The emirates of Abu Dhabi, Dubai and Ras Al Khaimah have local court systems, while other emirates follow the federal court system. Some financial free trade zones in Abu Dhabi and Dubai have their own legal and court systems based on English common law; local businesses in both emirates are allowed to opt-in to the jurisdiction of common law courts for business contracts.
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 sharia-based criminal laws, except for Uganda.
Under the 2021 law, if men and women have sex outside of marriage, the act carries a penalty of no less than six months' imprisonment. Sodomy with an adult male is also criminalized under the law. In both cases, the offenses can only be prosecuted on the basis of a complaint by a husband or male guardian. ... The law disproportionately affects women as it only allows men to complain about and forgive extramarital sex, and provides for only a minimum sentence allowing judges' discretion to provide harsher sentences.
In all cases, the husband or guardian has the right to waive the complaint, and the waiver entails the expiration of the criminal case or the suspension of the execution of the penalty, as the case may be.
The law permits doctors to conduct sex reassignment surgery when there are "psychological" and "physiological" signs of gender and sex disparity. The penalty for performing an unwarranted "sex correction" surgery is three to 10 years in prison." ... "In November 2020 the penal code dropped a clause criminalizing wearing clothing deemed inappropriate for one's sex. The law now criminalizes only men who enter a place designated for women while disguised as a woman. The punishment for this infraction is up to one year in jail and a fine of up to DH 100,000 (US$27,250).PDF download
Even so, to date there are no records that this penalty has been imposed on LGBT persons ...
NOTE ON THE UNITED ARAB EMIRATES:"The United Arab Emirates (UAE) does not carry the death penalty for same-sex consensual sexual relations.
"The UAE is a federal system ... based in Abu Dhabi. Article 354 of the Penal Code 'Union law No. 3 of 1987' (Qanoun al-'Uqoubat) provides for the death penalty in a context of force, or coercion, whereby a male or female forces another female or a male coerces another male to take part in the sexual act: Amnesty International therefore considers this article to address rape, not consensual same-sex sexual relations.
"As in other nearby countries, it is theoretically possible that zina (a sexual act by a married party outside of marriage) is punishable by death and that these could be used to prosecute consensual same-sex sexual acts, depending on the facts of the cases. Amnesty International is not aware of any case in which the use of zina laws against consensual same-sex sexual conduct has resulted in a death sentence in the UAE.
Both civil law and sharia criminalize consensual same-sex sexual conduct between adults. The penalty for individuals who engage in 'consensual sodomy with a man is a minimum prison sentence of six months' if a complaint is filed by the partner or the guardian. There were no known reports of arrests or prosecutions for consensual same-sex sexual conduct.PDF download
In addition several key figures within the UAE including the Sultan Al-Qassemi, retweeted both The National's and PinkNews.co.uk's articles regarding the video removal story.
Reflecting on the significance of the research, Dr Centner says:[...] "Dubai is keen to project an image of being more socially liberal than the rest of UAE, as well as the rest of the Gulf" ' ... it is also important to note how this is very much an expatriate, relatively privileged, experience of gay life in Dubai. So, part of what we try to do is to point out how, in seeking some sense of home away from home, that these men are ... keeping out other types of gay or queer people who are not "similar" to them.
" 'Now what they think of as "similar" to them, is actually quite broad. To see themselves as "Western", is something that was not a register of identity that mattered to many of them before coming to the UAE. ...'
Which other countries outlaw homosexuality? [Emphasis added] ... Afghanistan, Bangladesh, Brunei, Iran, Iraq, Kuwait, Lebanon, Malaysia, Maldives, Myanmar, Oman, Pakistan, Qatar, Saudi Arabia, Syria, Turkmenistan, United Arab Emirates, Uzbekistan ...
[The man] spent 22 months in prison in Dubai after being accused of falsifying invoices and unlawfully channelling funds to a secret bank account.(News item reporting abuse and mistreatment of man imprisoned for alleged crime unrelated to same-sex sexual activity, whose abuse worsened when disclosures about his sexual orientation were made to prison authorities.)