LGBT rights in Yemen | |
---|---|
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 (LGBT) people in Yemen face severe challenges not experienced by non-LGBT residents. [1] 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.
A provincial court in Yemen sentenced several people to death for engaging in homosexual acts in 2024. [2]
The Constitution of Republic of Yemen, amended in 2001, does not explicitly address LGBT 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 LGBT 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 LGBT 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 | (Penalty: Lashes, prison and up to execution) Up to Death (Under Houthi movement) |
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 (LGBT) people in Iran face severe challenges not experienced by non-LGBT 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 a sex reassignment surgery. Currently, Iran is the only country confirmed to execute gay people federally, though death penalty for homosexuality might be enacted in Afghanistan.
Lesbian, gay, bisexual, and transgender (LGBT) people in Mali face legal and societal challenges not experienced by non-LGBT residents. Although same-sex sexual activity is not illegal in Mali, LGBT people face widespread discrimination among the broader population. According to the 2007 Pew Global Attitudes Project, 98 percent of Malian adults believed that homosexuality is considered something society should not accept, which was the highest rate of non-acceptance in the 45 countries surveyed.
In Iraq, lesbian, gay, bisexual, transgender (LGBT) individuals are subject to widespread discrimination. Openly gay men are not permitted to serve in the military and same-sex marriage or civil unions are illegal. LGBT people do not have any legal protections against discrimination and are frequently victims of vigilante justice and honor killings.
Lesbian, gay, bisexual, and transgender (LGBT) 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.
Lesbian, gay, bisexual and transgender (LGBT) people living in Bahrain face legal challenges and discrimination not experienced by non-LGBT residents. Vague laws against indecency are used to target gender and sexual minorities. Discussion of homosexuality has also been allowed in Bahrain since the 1990s.
Lesbian, gay, bisexual, and transgender (LGBT) people living in Lebanon may face discrimination and legal difficulties not experienced by non-LGBT residents, although they have more freedom than in other parts of the Arab world. Various courts have ruled that Article 534 of the Lebanese Penal Code, which prohibits having sexual relations that "contradict the laws of nature", should not be used to arrest LGBT people. Nonetheless, the law is still being used to harass and persecute LGBT people through occasional police arrests, in which detainees are sometimes subject to intrusive physical examinations.
Lesbian, gay, bisexual and transgender (LGBT) people in the United Arab Emirates face legal challenges not experienced by non-LGBT residents. 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, and transgender (LGBT) people in Nigeria face severe challenges not experienced by non-LGBT residents. LGBT rights are generally infringed upon; both male and female expressions of homosexuality are illegal in Nigeria and punishable by up to 16 years of prison in the conventional court system. There is no legal protection for LGBT rights in Nigeria—a largely conservative country of more than 225 million people, split between a mainly Muslim north and a largely Christian south. Very few LGBT persons are open about their sexual orientation, as violence against them is frequent. According to PinkNews, Nigerian authorities generally target the LGBT community. Many LGBT Nigerians are fleeing to countries with progressive law to seek protection.
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 three years in prison. Uzbekistan is one of just two post-Soviet states in which male homosexual activity remains criminalised, along with Turkmenistan.
Lesbian, gay, bisexual, and transgender (LGBT) persons 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 criminalised, along with Uzbekistan.
Lesbian, gay, bisexual, and transgender (LGBT) people in Brunei face severe challenges not experienced by non-LGBT 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 at May 2023. The moratorium could be revoked at any time.
Lesbian, gay, bisexual, and transgender (LGBT) 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, and transgender (LGBT) people in Somalia face severe challenges not experienced by non-LGBT 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. LGBT 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, and transgender (LGBT) people in Uganda face severe challenges not experienced by non-LGBT residents. Both male and female forms of same-sex sexual activity are illegal in Uganda. Originally criminalised by British colonial laws introduced when Uganda became a British protectorate, these have been retained since the country gained its independence.
Lesbian, gay, bisexual, and transgender (LGBT) 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 LGBT community face routine discrimination in Senegalese society.
Lesbian, gay, bisexual, and transgender (LGBT) people are generally discriminated against in the Maldives.
Communist attitudes towards LGBT rights have evolved radically in the 21st century. In the 19th and 20th century, communist parties and Marxist–Leninist states varied on LGBT rights; some Western parties were among the first political parties to support LGBT rights, while others, especially the Soviet Union and its Eastern Bloc, harshly persecuted people of the LGBT community.
Lesbian, gay, bisexual, and transgender (LGBT) people generally have limited or highly restrictive rights in most parts of the Middle East, and are open to hostility in others. Sex between men is illegal in 9 of the 18 countries that make up the region. It is punishable by death in five of these 18 countries. The rights and freedoms of LGBT citizens are strongly influenced by the prevailing cultural traditions and religious mores of people living in the region – particularly Islam.
Capital punishment as a criminal punishment for homosexuality has been implemented by a number of countries in their history. It currently remains a legal punishment in several countries and regions, most of which have sharia–based criminal laws except for Uganda.
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.