LGBT rights in the State of Palestine: Difference between revisions

LGBTQ rights in Palestine
LGBTQ rights in Palestine
	Map of the two Palestinian territories, highlighted in green: the West Bank (right) and the Gaza Strip (left)
Status	Mixed legality: West Bank – decriminalized since 1951, equal age of consent; Gaza Strip – no consensus on applicability of British 1936 Sexual offences provisions to homosexual conduct;
Family rights
Recognition of relationships	No recognition of same-sex couples

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In the Gaza Strip and West Bank, the local LGBT community faces a precarious situation due to the general lack of civil rights legislation aimed at tackling discrimination. However, there is also a significant legal divide between the West Bank and the Gaza Strip, with the former having more progressive laws and the latter having more conservative laws. Shortly after the Jordanian annexation of the West Bank in 1950, same-sex acts were decriminalized across the territory with the adoption of the Jordanian Penal Code of 1951. In the Egyptian-occupied Gaza Strip and under Hamas's rule, however, no such initiative was implemented.

Legal status and criminal law

On September 18, 1936, the criminal code of Mandatory Palestine, British Mandate Criminal Code, which drew from Ottoman law or English law,^[1] was enacted. Section 152(1)(b)(c) of the code states that any person who "commits an act of sodomy with any person against his will by the use of force or threats" or "commits an act of sodomy with a child under the age of sixteen years" is liable for imprisonment up to 14 years, while Section 152(2)(b) states that anyone who has "carnal knowledge" of anyone acting "against the law of nature" is liable for a prison term up to 10 years.^[2] Palestinian academic Sa'ed Atshan argued that this criminal code was an example of British export of homophobia to the Global South.^[3] The present applicability of this law is disputed. The Human Dignity Trust states that the criminal code is still "in operation" in Gaza albeit with scarce evidence of its enforcement,^[4] while Amnesty International does not report same-sex sexual activity as being illegal in any Palestinian territory, but emphasizes that Palestinian authorities do not stop, prevent or investigate homophobic and transphobic threats and attacks.^[5] The editor-in-chief of the Palestinian Yearbook of International Law, Anis. F. Kassim argued that the criminal code could be "interpreted as allowing homosexuality."^[6]

The decriminalization of homosexuality in Palestine is a patchwork. On the one hand, the British Mandate Criminal Code was in force in Jordan until 1951, with the Jordanian Penal Code having "no prohibition on sexual acts between persons of the same sex," which applied to the West Bank, while Israel stopped using the code in 1977.^[7] On the other, the Palestinian Authority has not legislated either for or against homosexuality. Legalistically, the confused legal legacy of foreign occupation – Ottoman, British, Jordanian, Egyptian and Israeli – continues to determine the erratic application or non-application of the criminal law to same-sex activity and gender variance in each of the territories.^[8] A correction issued by the Associated Press in August 2015 stated that homosexuality is not banned, by law in the Gaza Strip or West Bank, but is "largely taboo," and added "there are no laws specifically banning homosexual acts."^[9]

Civil rights and government action

In the State of Palestine, there is no specific, stand-alone civil rights legislation that protects LGBT people from discrimination or harassment. Some have reported that while hundreds of queer Palestinians are reported to have fled to Israel because of the hostility they face in Palestine,^[10] they are subject to house arrest, or deportation, by Israeli authorities on account of the in-applicability of the law of asylum to areas or nations in which Israel is in conflict.^[11] There have also been reports that Palestinian Authority police kept files on gay Palestinians and that Israeli intelligence blackmailed gay Palestinians into becoming informants.^[12]^[13]

The Israeli LGBT organization The Aguda – Israel's LGBT Task Force stated, in 2013, that around 2,000 Palestinian homosexuals live in Tel Aviv "at any one time."^[12] In February 2016, it was reported that one of the leading commanders of the armed wing of Palestinian militant group Hamas, Mahmoud Ishtiwi, was executed under the charges that he engaged in homosexual activity and theft.^[14]^[15] Scholar Timea Spitka stated that in Gaza, coming out is a "death sentence" because police don't act, domestic violence isn't illegal, and civil society organizations, which protect women and children, are reported to be "vulnerable to attack." Spika added, in a related article, that this vulnerability has "been exploited by Israel," noting a connection between the Israeli occupation, lack of security and protection for women and non-heterosexual people, and lack of rule of law.^[16]^[17]

In August 2019, the Palestinian Authority announced that LGBT groups were forbidden to meet in the West Bank on the grounds that they are "harmful to the higher values and ideals of Palestinian society". This was in response to a planned conference in Nablus by Al-Qaws, a Palestinian LGBT group.^[18]^[19]^[20] Following backlash, the ban was later withdrawn.^[21]

In October 2022, Palestinian police arrested a suspect who beheaded a 25-year-old male Palestinian, Ahmad Abu Marhia, who was seeking asylum in Israel "because he was gay." At the time it was reported that 90 Palestinians who identified with the LGBT community lived "as asylum seekers in Israel."^[22]^[23] Over three months before, the Israeli government told the Israeli High Court that LGBT Palestinians from the West Bank who were "fleeing persecution" could work in Israel but that their presence was only temporary "in order to find a permanent solution in the [West Bank] or in another country."^[24] A month after the murder, the Times of Israel noted that gay Palestinians who leave the West Bank, with public opinion polls indicating low tolerance for homosexuality, and arrive in Israel are faced with "an existence filled with dizzying uncertainties and life-threatening hazards." The article went onto say that such Palestinians have various escape routes to Israel, but that one route includes "working with Israeli security forces" although those forces have been accused of blackmailing Palestinians into becoming informants for Israeli intelligence services.^[25]

Activism

In the early 2000s, two established groups formed to provide support to lesbian, gay, bisexual, trans, queer, and questioning (LGBTQ) Palestinian people living within the borders of Israel, the Gaza Strip and the West Bank. Al Qaws ("The bow" in Arabic, referencing a rainbow), the first official Palestinian LGBTQ organization, was founded in 2001 as a community project of the Jerusalem Open House for Pride and Tolerance^[26] to specifically address the needs of LGBTQ Palestinian people living in Jerusalem.^[27] In 2002, a second group formed to specifically address the needs of Palestinian lesbian women, named Aswat ("Voices" in Arabic), was founded as a project of the Palestinian Feminist NGO Kayan, at the Haifa Feminist Center. Aswat started as an anonymous email-list serving to provide support to Palestinian gay women, and developed into an established working group, translating and developing original texts related to gender identity and sexuality into Arabic.^[27]^[28] Aswat's efforts face challenges,^[29]^[30] including a fatwa was issued against co-founder Rauda Morcos.^[31] In 2010, the organization Palestinian Queers for Boycott, Divestment, and Sanctions (PQBDS) was formed, aimed at challenging Israeli representation of gay life in Palestine and pinkwashing. They also run a website called Pinkwatching Israel.^[27]

In 2015, a Palestinian artist named Khaled Jarrar painted a rainbow flag on a section of a West Bank wall, and a group of Palestinians painted over it. Jarrar said that he painted the rainbow flag to remind people that although same-sex marriage was legalized in the United States, Palestinians still live in occupation, and criticized the paint-over, stating that it "reflects the absence of tolerance, and freedoms in the Palestinian society".^[32]

Palestinian queer organizations like Al Qaws describe themselves as "queer-feminist" and anti-colonial in regards to the Israeli-occupied territories,^[33] and caution against rendering all of the progressive forces inside Palestine invisible, including erasing the queer Palestinian movement's achievements, describing it as a form of violence.^[34] In relation to a ban on conversion therapy in Israel, activists such as Maisan Hamdan criticized the conservative Islamic Movement, which is active in Israel and part of Knesset, who voted against the ban. Hamdan states that the sole effort of the movement is Palestine's liberation, without inclusion of LGBTQ rights, and stated that these two efforts (liberating Palestine and liberating queer people) should proceed together.^[31]

During the 2023 Israel–Hamas war, some Palestinians, who considered themselves part of the LGBT community, shared information in anonymously geotagged posts on Queering the Map. It was said that this provided a "rare glimpse" into perspectives of queer Palestinians, with many messages expressing solidarity with the Palestinian liberation cause.^[35] Others said that Palestinians were sharing their "last words" on the platform.^[36]

Summary table

Same-sex sexual activity legal	West Bank: Legal since 1951 for males; always been legal for females Gaza: Males (and females): No consensus on legal applicability of British 1936 Sexual offences provisions to homosexual conduct
Equal age of consent	West Bank: (18 years) Gaza: For males / For females
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
Step-child adoption by same-sex couples
Joint adoption by same-sex couples
Gays and lesbians allowed to serve openly in the military
Right to change legal gender
Access to IVF for lesbians
Commercial surrogacy for gay male couples
MSM allowed to donate blood

References

^ Abrams, Normal (January 1972). "Interpreting the Criminal Code Ordinance, 1936 — The Untapped Well". Israel Law Review. 7 (1): 25–64. doi:10.1017/S0021223700003411. Retrieved 1 November 2023.
^ An Ordinance to Provide a General Penal Code for Palestine (PDF) (Ordinance Chapter XVIII. Offenses Against Morality, Section 152). Office of the British High Commissioner for Palestine. 18 September 1936. p. 1005. Archived (PDF) from the original on 31 July 2023.
^ Raza-Sheikh, Zoya (29 June 2023). "Why the LGBTQ+ community should care about Palestine". Gay Times. Archived from the original on 8 August 2022. Retrieved 1 November 2023.
^ "Palestine". Human Dignity Trust. Archived from the original on 31 October 2023. Retrieved 1 November 2023.
^ "Everything you need to know about human rights in Palestine". Amnesty International. Archived from the original on 4 March 2021. Retrieved 1 November 2023.
^ Abusalim, Dorgham (13 March 2018). "The Real Oppressors of Gaza's Gay Community: Hamas or Israel?". Institute of Palestine Studies. Archived from the original on 28 October 2023. Retrieved 1 November 2023.
^ Lucas Paoli Itaborahy; Jingshu Zhu (May 2014). State-Sponsored Homophobia (PDF) (Report). ILGA. pp. 16, 20, 55. Archived from the original (PDF) on 17 March 2017. Retrieved 1 November 2023.
^ "Legal Status in the Palestinian territories". Birzeit University Institute of Law. Archived from the original on 3 November 2007.
^ "Palestinian protesters whitewash rainbow flag from West Bank barrier". The Guardian. Associated Press. 30 June 2015. Archived from the original on 3 June 2023. Retrieved 1 November 2023.
^ "In Limbo – Palestinian gays". Radio Netherlands. 8 August 2004. Archived from the original on 21 August 2023. Retrieved 1 November 2023.
^ "Palestinian gays flee to Israel". BBC News. 22 October 2003. Archived from the original on 28 August 2023. Retrieved 1 November 2023.
^ ^a ^b O'Connor, Nigel (19 February 2013). "Gay Palestinians Are Being Blackmailed Into Working As Informants United Kingdom". Vice. Archived from the original on 19 August 2014. Retrieved 1 November 2023.
^ "Revealed: Israel is a gay Mecca - New York Times promotes a pink-washed democracy". An-Nahar. 8 January 2015. Archived from the original on 31 January 2016. Retrieved 1 November 2023.
^ Hadid, Diaa; Waheidi, Majd Al (1 March 2016). "Hamas Commander, Accused of Theft and Gay Sex, Is Killed by His Own". The New York Times. Archived from the original on 1 November 2023. Retrieved 1 November 2023.
^ Moore, Jack (2 March 2016). "Hamas executed a prominent commander after accusations of gay sex". Newsweek. Archived from the original on 13 October 2023. Retrieved 1 November 2023.
^ Spika, Timea (12 April 2023). "Children as Victims and Activists in the Israeli/Palestinian Conflict". National and International Civilian Protection Strategies in the Israeli-Palestinian Conflict. London: Palgrave Macmillan. ISBN 978-3-031-20390-9.
^ Spika, Timea (2019). "The Myth of Protection: Gendering Protection under the Responsibility to Protect in Gaza". Global Responsibility to Protect. 11 (1): 26. doi:10.1163/1875984X-01101005. ALT Version
^ Weich, Ben (19 August 2019). "Palestinian Authority bans LGBTQ groups from the West Bank". Jewish Chronicle. Archived from the original on 13 October 2023. Retrieved 25 August 2019.
^ Kershner, Isabel; Najib, Mohammed (19 August 2021). "Palestinian Authority Bans Activities by Gay Rights Group". The New York Times. Archived from the original on 18 October 2023. Retrieved 21 May 2021.
^ Cooper, Alex (19 August 2019). "Palestinian police vow crackdown on LGBTQ events in West Bank". NBC News. Archived from the original on 13 October 2023. Retrieved 1 November 2023.
^ "Rights groups slam Palestinian police for banning LGBTQ activity". The Times of Israel. AFP. 21 August 2019. Archived from the original on 12 July 2023. Retrieved 1 November 2023.
^ "Gay Palestinian Ahmad Abu Marhia beheaded in West Bank". BBC News. 7 October 2022. Archived from the original on 1 November 2023. Retrieved 1 November 2023.
^ Debre, Israel (1 October 2022). "Shock, questions after gruesome killing of gay Palestinian". Associated Press. Archived from the original on 7 February 2023. Retrieved 1 November 2023.
^ Boxerman, Aaron (29 June 2022). "Israel to allow LGBT Palestinians granted temporary asylum to work". Times of Israel. Archived from the original on 30 April 2023. Retrieved 4 November 2023.
^ Mukand, Jack (22 November 2022). "Ghastly beheading lays bare the myriad perils for LGBT Palestinians fleeing to Israel". Times of Israel. Archived from the original on 18 October 2023. Retrieved 4 November 2023.
^ Maikey, Haneen. "Rainbow over Palestine". The Guardian. Archived from the original on 27 August 2023. Retrieved 1 November 2023.
^ ^a ^b ^c Abdelmoez, Joel W. (2021), Rosenberg, Tiina; D'Urso, Sandra; Winget, Anna Renée (eds.), "Deviants, Queers, or Scissoring Sisters of Men?: Translating and Locating Queer and Trans Feminisms in the Contemporary Arabic-Speaking World", The Palgrave Handbook of Queer and Trans Feminisms in Contemporary Performance, Cham: Springer International Publishing, pp. 283–301, doi:10.1007/978-3-030-69555-2_16, ISBN 978-3-030-69554-5, S2CID 240561329, retrieved 1 November 2023
^ "Information & Publication". Aswat Group. Archived from the original on 26 January 2017. Retrieved 1 November 2023.
^ "Rauda Morcos". The Advocate. 8 May 2006. Archived from the original on 25 December 2022. Retrieved 1 November 2023.
^ Morcos, Rauda (2012–2023). "Between Patriarchy and Occupation: Rauda Morcos and Palestinian Lesbian Activism for Bodily Rights". al-raida (Interview). Interviewed by Habib, Samar; Moujaes, Nayla. Academia.edu. Archived from the original on 2 November 2023. Retrieved 1 November 2023.
^ ^a ^b "'A queer cry for freedom': Meet the LGBTQ Palestinians demanding liberation". +972 Magazine. 2 August 2020. Archived from the original on 16 September 2023. Retrieved 1 November 2023.
^ Daraghmeh, Mohammed; Deitch, Ian (30 June 2015). "Rainbow flag on West Bank barrier touches nerve for Palestinians". Haaretz. Archived from the original on 3 July 2015. Retrieved 1 November 2023.
^ "About Us". Al Qaws. Archived from the original on 8 October 2023. Retrieved 2 November 2023.
^ Maikey, Haneen; Aked, Hilary (3 March 2019). "Eurovision has turned into a 'pinkwashing' opportunity for Israel – the LGBT+ community should boycott it". The Independent. Archived from the original on 23 May 2023. Retrieved 2 November 2023.
^ "In Gaza, 'Queering the Map' Reveals Heartbreaking Notes of LGBT Love and Loss". Time. 20 October 2023. Archived from the original on 31 October 2023. Retrieved 1 November 2023.
^ Denny (18 October 2023). "LGBTQ Palestinians in Gaza are sharing their last words on an online mapping platform". Reckon. Archived from the original on 23 October 2023. Retrieved 1 November 2023.

External links

[1] Abrams, Normal (January 1972). "Interpreting the Criminal Code Ordinance, 1936 — The Untapped Well". Israel Law Review. 7 (1): 25–64. doi:10.1017/S0021223700003411. Retrieved 1 November 2023.

[2] An Ordinance to Provide a General Penal Code for Palestine (PDF) (Ordinance Chapter XVIII. Offenses Against Morality, Section 152). Office of the British High Commissioner for Palestine. 18 September 1936. p. 1005. Archived (PDF) from the original on 31 July 2023.

[3] Raza-Sheikh, Zoya (29 June 2023). "Why the LGBTQ+ community should care about Palestine". Gay Times. Archived from the original on 8 August 2022. Retrieved 1 November 2023.

[4] "Palestine". Human Dignity Trust. Archived from the original on 31 October 2023. Retrieved 1 November 2023.

[5] "Everything you need to know about human rights in Palestine". Amnesty International. Archived from the original on 4 March 2021. Retrieved 1 November 2023.

[6] Abusalim, Dorgham (13 March 2018). "The Real Oppressors of Gaza's Gay Community: Hamas or Israel?". Institute of Palestine Studies. Archived from the original on 28 October 2023. Retrieved 1 November 2023.

[7] Lucas Paoli Itaborahy; Jingshu Zhu (May 2014). State-Sponsored Homophobia (PDF) (Report). ILGA. pp. 16, 20, 55. Archived from the original (PDF) on 17 March 2017. Retrieved 1 November 2023.

[8] "Legal Status in the Palestinian territories". Birzeit University Institute of Law. Archived from the original on 3 November 2007.

[9] "Palestinian protesters whitewash rainbow flag from West Bank barrier". The Guardian. Associated Press. 30 June 2015. Archived from the original on 3 June 2023. Retrieved 1 November 2023.

[10] "In Limbo – Palestinian gays". Radio Netherlands. 8 August 2004. Archived from the original on 21 August 2023. Retrieved 1 November 2023.

[11] "Palestinian gays flee to Israel". BBC News. 22 October 2003. Archived from the original on 28 August 2023. Retrieved 1 November 2023.

[O'Connor-12] O'Connor, Nigel (19 February 2013). "Gay Palestinians Are Being Blackmailed Into Working As Informants United Kingdom". Vice. Archived from the original on 19 August 2014. Retrieved 1 November 2023.

[13] "Revealed: Israel is a gay Mecca - New York Times promotes a pink-washed democracy". An-Nahar. 8 January 2015. Archived from the original on 31 January 2016. Retrieved 1 November 2023.

[14] Hadid, Diaa; Waheidi, Majd Al (1 March 2016). "Hamas Commander, Accused of Theft and Gay Sex, Is Killed by His Own". The New York Times. Archived from the original on 1 November 2023. Retrieved 1 November 2023.

[newsweek2016-15] Moore, Jack (2 March 2016). "Hamas executed a prominent commander after accusations of gay sex". Newsweek. Archived from the original on 13 October 2023. Retrieved 1 November 2023.

[16] Spika, Timea (12 April 2023). "Children as Victims and Activists in the Israeli/Palestinian Conflict". National and International Civilian Protection Strategies in the Israeli-Palestinian Conflict. London: Palgrave Macmillan. ISBN 978-3-031-20390-9.

[17] Spika, Timea (2019). "The Myth of Protection: Gendering Protection under the Responsibility to Protect in Gaza". Global Responsibility to Protect. 11 (1): 26. doi:10.1163/1875984X-01101005. ALT Version

[18] Weich, Ben (19 August 2019). "Palestinian Authority bans LGBTQ groups from the West Bank". Jewish Chronicle. Archived from the original on 13 October 2023. Retrieved 25 August 2019.

[19] Kershner, Isabel; Najib, Mohammed (19 August 2021). "Palestinian Authority Bans Activities by Gay Rights Group". The New York Times. Archived from the original on 18 October 2023. Retrieved 21 May 2021.

[20] Cooper, Alex (19 August 2019). "Palestinian police vow crackdown on LGBTQ events in West Bank". NBC News. Archived from the original on 13 October 2023. Retrieved 1 November 2023.

[21] "Rights groups slam Palestinian police for banning LGBTQ activity". The Times of Israel. AFP. 21 August 2019. Archived from the original on 12 July 2023. Retrieved 1 November 2023.

[22] "Gay Palestinian Ahmad Abu Marhia beheaded in West Bank". BBC News. 7 October 2022. Archived from the original on 1 November 2023. Retrieved 1 November 2023.

[23] Debre, Israel (1 October 2022). "Shock, questions after gruesome killing of gay Palestinian". Associated Press. Archived from the original on 7 February 2023. Retrieved 1 November 2023.

[24] Boxerman, Aaron (29 June 2022). "Israel to allow LGBT Palestinians granted temporary asylum to work". Times of Israel. Archived from the original on 30 April 2023. Retrieved 4 November 2023.

[25] Mukand, Jack (22 November 2022). "Ghastly beheading lays bare the myriad perils for LGBT Palestinians fleeing to Israel". Times of Israel. Archived from the original on 18 October 2023. Retrieved 4 November 2023.

[26] Maikey, Haneen. "Rainbow over Palestine". The Guardian. Archived from the original on 27 August 2023. Retrieved 1 November 2023.

[:1-27] Abdelmoez, Joel W. (2021), Rosenberg, Tiina; D'Urso, Sandra; Winget, Anna Renée (eds.), "Deviants, Queers, or Scissoring Sisters of Men?: Translating and Locating Queer and Trans Feminisms in the Contemporary Arabic-Speaking World", The Palgrave Handbook of Queer and Trans Feminisms in Contemporary Performance, Cham: Springer International Publishing, pp. 283–301, doi:10.1007/978-3-030-69555-2_16, ISBN 978-3-030-69554-5, S2CID 240561329, retrieved 1 November 2023

[28] "Information & Publication". Aswat Group. Archived from the original on 26 January 2017. Retrieved 1 November 2023.

[29] "Rauda Morcos". The Advocate. 8 May 2006. Archived from the original on 25 December 2022. Retrieved 1 November 2023.

[30] Morcos, Rauda (2012–2023). "Between Patriarchy and Occupation: Rauda Morcos and Palestinian Lesbian Activism for Bodily Rights". al-raida (Interview). Interviewed by Habib, Samar; Moujaes, Nayla. Academia.edu. Archived from the original on 2 November 2023. Retrieved 1 November 2023.

[:0-31] "'A queer cry for freedom': Meet the LGBTQ Palestinians demanding liberation". +972 Magazine. 2 August 2020. Archived from the original on 16 September 2023. Retrieved 1 November 2023.

[32] Daraghmeh, Mohammed; Deitch, Ian (30 June 2015). "Rainbow flag on West Bank barrier touches nerve for Palestinians". Haaretz. Archived from the original on 3 July 2015. Retrieved 1 November 2023.

[33] "About Us". Al Qaws. Archived from the original on 8 October 2023. Retrieved 2 November 2023.

[34] Maikey, Haneen; Aked, Hilary (3 March 2019). "Eurovision has turned into a 'pinkwashing' opportunity for Israel – the LGBT+ community should boycott it". The Independent. Archived from the original on 23 May 2023. Retrieved 2 November 2023.

[35] "In Gaza, 'Queering the Map' Reveals Heartbreaking Notes of LGBT Love and Loss". Time. 20 October 2023. Archived from the original on 31 October 2023. Retrieved 1 November 2023.

[36] Denny (18 October 2023). "LGBTQ Palestinians in Gaza are sharing their last words on an online mapping platform". Reckon. Archived from the original on 23 October 2023. Retrieved 1 November 2023.

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 ==Civil rights and government action==
-In the [[State of Palestine]], there is no specific, stand-alone [[civil rights]] legislation that protects [[LGBT community|LGBT people]] from discrimination or harassment. Some have reported that while hundreds of queer Palestinians are reported to have fled to [[Israel]] because of the hostility they face in Palestine,<ref>{{Cite web|url=https://www.radionetherlandsarchives.org/in-limbo-palestinian-gays/|title=In Limbo – Palestinian gays|website=Radio Netherlands|date=August 8, 2004|access-date=November 1, 2023|archive-url=https://web.archive.org/web/20230821020503/https://www.radionetherlandsarchives.org/in-limbo-palestinian-gays/|archive-date=August 21, 2023|url-status=live}}</ref> they are subject to [[house arrest]], or [[deportation]], by Israeli authorities on account of the in-applicability of the law of asylum to areas or nations in which Israel is in conflict.<ref>{{Cite news|url=http://news.bbc.co.uk/2/hi/3211772.stm|title=Palestinian gays flee to Israel|date=October 22, 2003|website=[[BBC News]]|access-date=November 1, 2023|archive-url=https://web.archive.org/web/20230828050421/http://news.bbc.co.uk/2/hi/3211772.stm|archive-date=August 28, 2023|url-status=live}}</ref> There have also been reports that [[Palestinian National Authority|Palestinian Authority]] police kept files on gay Palestinians and that [[Mossad|Israeli intelligence]] blackmailed gay Palestinians into becoming [[informants]].<ref name="O'Connor">{{cite web|last=O'Connor |first=Nigel |url=https://www.vice.com/en_uk/read/gay-palestinians-are-being-blackmailed-into-working-as-informants |title=Gay Palestinians Are Being Blackmailed Into Working As Informants United Kingdom |publisher=[[VICE (magazine)|Vice]] |date=February 19, 2013 |access-date=November 1, 2023|archive-url=https://web.archive.org/web/20140819103541/https://www.vice.com/en_uk/read/gay-palestinians-are-being-blackmailed-into-working-as-informants|archive-date=August 19, 2014|url-status=live}}</ref><ref>{{cite web |url=http://en.annahar.com/article/203736-revealed-israel-is-a-gay-mecca--new-york-times-promotes-a-pinkwashed-democracy |title=Revealed: Israel is a gay Mecca - New York Times promotes a pink-washed democracy|publisher=An-Nahar |date=January 8, 2015 |access-date=November 1, 2023 |archive-url=https://web.archive.org/web/20160131194652/http://en.annahar.com/article/203736-revealed-israel-is-a-gay-mecca--new-york-times-promotes-a-pinkwashed-democracy |archive-date=January 31, 2016 }}</ref> The Israeli LGBT organization [[The Aguda – Israel's LGBT Task Force]] stated, in 2013, that around 2,000 Palestinian homosexuals live in [[Tel Aviv]] "at any one time."<ref name="O'Connor"/> In February 2016, it was reported that one of the leading commanders of the armed wing of Palestinian militant group [[Hamas]], Mahmoud Ishtiwi, was executed under the charges that he engaged in [[homosexual]] activity and theft.<ref>{{cite news |last1=Hadid |first1=Diaa |last2=Waheidi |first2=Majd Al |title=Hamas Commander, Accused of Theft and Gay Sex, Is Killed by His Own |url=https://www.nytimes.com/2016/03/02/world/middleeast/hamas-commander-mahmoud-ishtiwi-killed-palestine.html |work=[[The New York Times]] |date=March 1, 2016 |access-date=November 1, 2023|archive-url=https://web.archive.org/web/20231101090819/https://www.nytimes.com/2016/03/02/world/middleeast/hamas-commander-mahmoud-ishtiwi-killed-palestine.html|archive-date=November 1, 2023|url-status=live}}</ref><ref name=newsweek2016>{{cite magazine|url=http://www.newsweek.com/prominent-hamas-commander-was-executed-after-accusations-gay-sex-432343|title=Hamas executed a prominent commander after accusations of gay sex|date=March 2, 2016|magazine=[[Newsweek]]|first=Jack|last=Moore|access-date=November 1, 2023|archive-url=https://web.archive.org/web/20231013103956/https://www.newsweek.com/prominent-hamas-commander-was-executed-after-accusations-gay-sex-432343|archive-date=October 13, 2023|url-status=live}}</ref> Under Hamas, the police offers no protection from queerphobic [[Domestic_violence|domestic violence]].<ref>https://link.springer.com/chapter/10.1007/978-3-031-20390-9_4</ref> ''[[Haaretz]]'' reported that Gazan LGBTQ individuals whose sexuality comes to light may be arrested, violently questioned, released and then [[Outing|outed]] to their own families, who may subsequently force them into an heterosexual marriage; LGBTQ individuals also fear [[catfishing]] by undercover Hamas or Israeli intelligence agents.<ref>https://web.archive.org/web/20220807162731/https://www.haaretz.com/middle-east-news/palestinians/2019-06-25/ty-article/.premium/pride-and-prejudice-the-hellish-life-of-gazas-lgbtq-community/0000017f-db0b-df9c-a17f-ff1b46ca0000</ref>
+In the [[State of Palestine]], there is no specific, stand-alone [[civil rights]] legislation that protects [[LGBT community|LGBT people]] from discrimination or harassment. Some have reported that while hundreds of queer Palestinians are reported to have fled to [[Israel]] because of the hostility they face in Palestine,<ref>{{Cite web|url=https://www.radionetherlandsarchives.org/in-limbo-palestinian-gays/|title=In Limbo – Palestinian gays|website=Radio Netherlands|date=August 8, 2004|access-date=November 1, 2023|archive-url=https://web.archive.org/web/20230821020503/https://www.radionetherlandsarchives.org/in-limbo-palestinian-gays/|archive-date=August 21, 2023|url-status=live}}</ref> they are subject to [[house arrest]], or [[deportation]], by Israeli authorities on account of the in-applicability of the law of asylum to areas or nations in which Israel is in conflict.<ref>{{Cite news|url=http://news.bbc.co.uk/2/hi/3211772.stm|title=Palestinian gays flee to Israel|date=October 22, 2003|website=[[BBC News]]|access-date=November 1, 2023|archive-url=https://web.archive.org/web/20230828050421/http://news.bbc.co.uk/2/hi/3211772.stm|archive-date=August 28, 2023|url-status=live}}</ref> There have also been reports that [[Palestinian National Authority|Palestinian Authority]] police kept files on gay Palestinians and that [[Mossad|Israeli intelligence]] blackmailed gay Palestinians into becoming [[informants]].<ref name="O'Connor">{{cite web|last=O'Connor |first=Nigel |url=https://www.vice.com/en_uk/read/gay-palestinians-are-being-blackmailed-into-working-as-informants |title=Gay Palestinians Are Being Blackmailed Into Working As Informants United Kingdom |publisher=[[VICE (magazine)|Vice]] |date=February 19, 2013 |access-date=November 1, 2023|archive-url=https://web.archive.org/web/20140819103541/https://www.vice.com/en_uk/read/gay-palestinians-are-being-blackmailed-into-working-as-informants|archive-date=August 19, 2014|url-status=live}}</ref><ref>{{cite web |url=http://en.annahar.com/article/203736-revealed-israel-is-a-gay-mecca--new-york-times-promotes-a-pinkwashed-democracy |title=Revealed: Israel is a gay Mecca - New York Times promotes a pink-washed democracy|publisher=An-Nahar |date=January 8, 2015 |access-date=November 1, 2023 |archive-url=https://web.archive.org/web/20160131194652/http://en.annahar.com/article/203736-revealed-israel-is-a-gay-mecca--new-york-times-promotes-a-pinkwashed-democracy |archive-date=January 31, 2016 }}</ref>
+The Israeli LGBT organization [[The Aguda – Israel's LGBT Task Force]] stated, in 2013, that around 2,000 Palestinian homosexuals live in [[Tel Aviv]] "at any one time."<ref name="O'Connor"/> In February 2016, it was reported that one of the leading commanders of the armed wing of Palestinian militant group [[Hamas]], Mahmoud Ishtiwi, was executed under the charges that he engaged in [[homosexual]] activity and theft.<ref>{{cite news |last1=Hadid |first1=Diaa |last2=Waheidi |first2=Majd Al |title=Hamas Commander, Accused of Theft and Gay Sex, Is Killed by His Own |url=https://www.nytimes.com/2016/03/02/world/middleeast/hamas-commander-mahmoud-ishtiwi-killed-palestine.html |work=[[The New York Times]] |date=March 1, 2016 |access-date=November 1, 2023|archive-url=https://web.archive.org/web/20231101090819/https://www.nytimes.com/2016/03/02/world/middleeast/hamas-commander-mahmoud-ishtiwi-killed-palestine.html|archive-date=November 1, 2023|url-status=live}}</ref><ref name=newsweek2016>{{cite magazine|url=http://www.newsweek.com/prominent-hamas-commander-was-executed-after-accusations-gay-sex-432343|title=Hamas executed a prominent commander after accusations of gay sex|date=March 2, 2016|magazine=[[Newsweek]]|first=Jack|last=Moore|access-date=November 1, 2023|archive-url=https://web.archive.org/web/20231013103956/https://www.newsweek.com/prominent-hamas-commander-was-executed-after-accusations-gay-sex-432343|archive-date=October 13, 2023|url-status=live}}</ref> Scholar Timea Spitka stated that in Gaza, coming out is a "death sentence" because police don't act, [[domestic violence]] isn't illegal, and civil society organizations, which protect women and children, are reported to be "vulnerable to attack." Spika added, in a related article, that this vulnerability has "been exploited by Israel," noting a connection between the [[Israeli occupation]], lack of security and protection for women and non-heterosexual people, and lack of [[rule of law]].<ref>{{cite book |last=Spika |first=Timea |date=April 12, 2023 |chapter=Children as Victims and Activists in the Israeli/Palestinian Conflict |title=National and International Civilian Protection Strategies in the Israeli-Palestinian Conflict |url=https://link.springer.com/chapter/10.1007/978-3-031-20390-9_4 |location=[[London]] |publisher=[[Palgrave Macmillan]] |isbn=978-3-031-20390-9}}</ref><ref>{{cite journal |last1=Spika |first1=Timea |date=2019 |title=The Myth of Protection: Gendering Protection under the Responsibility to Protect in Gaza |url=https://www.academia.edu/66826626/The_Myth_of_Protection_Gendering_Protection_under_the_Responsibility_to_Protect_in_Gaza |journal=Global Responsibility to Protect |volume=11 |issue=1 |pages=26 |doi=10.1163/1875984X-01101005 |access-date=}} [https://brill.com/view/journals/gr2p/11/1/article-p77_77.xml?language=en ALT Version]</ref>
 In August 2019, the Palestinian Authority announced that LGBT groups were forbidden to meet in the West Bank on the grounds that they are "harmful to the higher values and ideals of Palestinian society". This was in response to a planned conference in [[Nablus]] by [[Al Qaws|Al-Qaws]], a Palestinian LGBT group.<ref>{{cite news |last1=Weich |first1=Ben |title=Palestinian Authority bans LGBTQ groups from the West Bank |url=https://www.thejc.com/news/israel/palestinian-authority-pa-bans-lgbt-lgbtq-activity-in-west-bank-al-qaws-1.487605 |access-date=August 25, 2019 |work=[[Jewish Chronicle]] |date=August 19, 2019|archive-url=https://web.archive.org/web/20231013020852/https://www.thejc.com/news/israel/palestinian-authority-pa-bans-lgbt-lgbtq-activity-in-west-bank-al-qaws-1.487605|archive-date=October 13, 2023|url-status=live}}</ref><ref>{{cite news |last1=Kershner |first1=Isabel |last2=Najib |first2=Mohammed |title=Palestinian Authority Bans Activities by Gay Rights Group |url=https://www.nytimes.com/2019/08/19/world/middleeast/palestinian-gay-tansgender-rights-group.html |access-date=May 21, 2021 |work=[[The New York Times]] |date=August 19, 2021 |archive-url=https://web.archive.org/web/20231018231337/https://www.nytimes.com/2019/08/19/world/middleeast/palestinian-gay-tansgender-rights-group.html|archive-date=October 18, 2023|url-status=live}}</ref><ref>{{cite web|last=Cooper|first=Alex|url=https://www.nbcnews.com/feature/nbc-out/palestinian-police-vow-crackdown-lgbtq-events-west-bank-n1044081|title=Palestinian police vow crackdown on LGBTQ events in West Bank|website=[[NBC News]]|date=August 19, 2019|access-date=November 1, 2023|archive-url=https://web.archive.org/web/20231013020847/https://www.nbcnews.com/feature/nbc-out/palestinian-police-vow-crackdown-lgbtq-events-west-bank-n1044081|archive-date=October 13, 2023|url-status=live}}</ref> Following backlash, the ban was later withdrawn.<ref>{{cite web | url=https://www.timesofisrael.com/rights-groups-slam-palestinian-police-for-banning-lgbtq-activity/ | title=Rights groups slam Palestinian police for banning LGBTQ activity | website=[[The Times of Israel]] |publisher=[[Agence France-Presse|AFP]] |date=August 21, 2019 |access-date=November 1, 2023 |archive-url=https://web.archive.org/web/20230712085005/https://www.timesofisrael.com/rights-groups-slam-palestinian-police-for-banning-lgbtq-activity/|archive-date=July 12, 2023|url-status=live}}</ref>
-In October 2022, Palestinian police arrested a suspect who beheaded a 25-year-old male Palestinian, Ahmad Abu Marhia, who was seeking [[Right of asylum|asylum]] in Israel "because he was gay." At the time it was reported that 90 Palestinians who identified with the LGBT community lived "as asylum seekers in Israel."<ref>{{cite web|url=https://www.bbc.com/news/world-middle-east-63174835|title=Gay Palestinian Ahmad Abu Marhia beheaded in West Bank|website=[[BBC News]]|date=October 7, 2022|access-date=November 1, 2023 |archive-url=https://web.archive.org/web/20231101231637/https://www.bbc.com/news/world-middle-east-63174835|archive-date=November 1, 2023|url-status=live}}</ref><ref>{{cite web|last=Debre|first=Israel|url=https://apnews.com/article/middle-east-israel-immigration-west-bank-gay-rights-ce95f6903faf461502cc0800b272b159|title=Shock, questions after gruesome killing of gay Palestinian|website=[[Associated Press]]|date=October 1, 2022|access-date=November 1, 2023 |archive-url=https://web.archive.org/web/20230207222803/https://apnews.com/article/middle-east-israel-immigration-west-bank-gay-rights-ce95f6903faf461502cc0800b272b159|archive-date=February 7, 2023|url-status=live}}</ref> Over three months before, the Israeli government told the Israeli [[High Court]] that LGBT Palestinians from the West Bank who were "fleeing persecution" could work in Israel but that their presence was only temporary "in order to find a permanent solution in the [West Bank] or in another country."<ref>{{cite web|last=Boxerman|first=Aaron|url=https://www.timesofisrael.com/israel-to-allow-lgbt-palestinians-granted-asylum-to-work/|title=Israel to allow LGBT Palestinians granted temporary asylum to work|date=June 29, 2022|website=[[Times of Israeli]]|access-date=November 4, 2023|archive-url=https://web.archive.org/web/20230430040427/https://www.timesofisrael.com/israel-to-allow-lgbt-palestinians-granted-asylum-to-work/|archive-date=April 30, 2023|url-status=live}}</ref> A month after the murder, the ''[[Times of Israel]]'' noted that gay Palestinians who leave the West Bank, with public opinion polls indicating low tolerance for homosexuality, and arrive in Israel are faced with "an existence filled with dizzying uncertainties and life-threatening hazards." The article went onto say that such Palestinians have various escape routes to Israel, but that one route includes "working with Israeli security forces" although those forces have been accused of blackmailing Palestinians into becoming informants for Israeli intelligence services.<ref>{{cite web|last=Mukand|first=Jack|url=https://www.timesofisrael.com/ghastly-murder-lays-bare-the-myriad-perils-for-lgbt-palestinians-fleeing-to-israel/|title=Ghastly beheading lays bare the myriad perils for LGBT Palestinians fleeing to Israel|website=[[Times of Israel]]|date=November 22, 2022|access-date=November 4, 2023|archive-url=https://web.archive.org/web/20231018035106/https://www.timesofisrael.com/ghastly-murder-lays-bare-the-myriad-perils-for-lgbt-palestinians-fleeing-to-israel/|archive-date=October 18, 2023|url-status=live}}</ref>
+In October 2022, Palestinian police arrested a suspect who beheaded a 25-year-old male Palestinian, Ahmad Abu Marhia, who was seeking [[Right of asylum|asylum]] in Israel "because he was gay." At the time it was reported that 90 Palestinians who identified with the LGBT community lived "as asylum seekers in Israel."<ref>{{cite web|url=https://www.bbc.com/news/world-middle-east-63174835|title=Gay Palestinian Ahmad Abu Marhia beheaded in West Bank|website=[[BBC News]]|date=October 7, 2022|access-date=November 1, 2023 |archive-url=https://web.archive.org/web/20231101231637/https://www.bbc.com/news/world-middle-east-63174835|archive-date=November 1, 2023|url-status=live}}</ref><ref>{{cite web|last=Debre|first=Israel|url=https://apnews.com/article/middle-east-israel-immigration-west-bank-gay-rights-ce95f6903faf461502cc0800b272b159|title=Shock, questions after gruesome killing of gay Palestinian|website=[[Associated Press]]|date=October 1, 2022|access-date=November 1, 2023 |archive-url=https://web.archive.org/web/20230207222803/https://apnews.com/article/middle-east-israel-immigration-west-bank-gay-rights-ce95f6903faf461502cc0800b272b159|archive-date=February 7, 2023|url-status=live}}</ref> Over three months before, the Israeli government told the Israeli [[High Court]] that LGBT Palestinians from the West Bank who were "fleeing persecution" could work in Israel but that their presence was only temporary "in order to find a permanent solution in the [West Bank] or in another country."<ref>{{cite web|last=Boxerman|first=Aaron|url=https://www.timesofisrael.com/israel-to-allow-lgbt-palestinians-granted-asylum-to-work/|title=Israel to allow LGBT Palestinians granted temporary asylum to work|date=June 29, 2022|website=[[Times of Israel]]|access-date=November 4, 2023|archive-url=https://web.archive.org/web/20230430040427/https://www.timesofisrael.com/israel-to-allow-lgbt-palestinians-granted-asylum-to-work/|archive-date=April 30, 2023|url-status=live}}</ref> A month after the murder, the ''[[Times of Israel]]'' noted that gay Palestinians who leave the West Bank, with public opinion polls indicating low tolerance for homosexuality, and arrive in Israel are faced with "an existence filled with dizzying uncertainties and life-threatening hazards." The article went onto say that such Palestinians have various escape routes to Israel, but that one route includes "working with Israeli security forces" although those forces have been accused of blackmailing Palestinians into becoming informants for Israeli intelligence services.<ref>{{cite web|last=Mukand|first=Jack|url=https://www.timesofisrael.com/ghastly-murder-lays-bare-the-myriad-perils-for-lgbt-palestinians-fleeing-to-israel/|title=Ghastly beheading lays bare the myriad perils for LGBT Palestinians fleeing to Israel|website=[[Times of Israel]]|date=November 22, 2022|access-date=November 4, 2023|archive-url=https://web.archive.org/web/20231018035106/https://www.timesofisrael.com/ghastly-murder-lays-bare-the-myriad-perils-for-lgbt-palestinians-fleeing-to-israel/|archive-date=October 18, 2023|url-status=live}}</ref>
 ==Activism==

v t e LGBT rights in Asia
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