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LGBTQ rights in the United Arab Emirates

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LGBTQ rights in United Arab Emirates
United Arab Emirates
StatusIllegal: Islamic Sharia law is applied
PenaltyDeath, life in prison, floggings,[1] fines, deportation, involuntary medical and psychological treatments, administration of hormonal therapies,[2] and detention for forced psychological treatments,[3] h beatings,[4] forced anal examinations,[5]: 479  and torture have occured.[4][6]
Gender identityNo
MilitaryNo
Discrimination protectionsNone
Family rights
Recognition of relationshipsNo recognition of same-sex relationships
AdoptionNo

Lesbian, gay, bisexual and transgender (LGBT) people in the United Arab Emirates face legal challenges not experienced by non-LGBT people. All sexual relations outside of a heterosexual activity is criminalized. Punishments include death, life in prison, floggings,[1] fines, deportation, involuntary medical and psychological treatments, administration of hormonal therapies,[2] and detention for forced psychological treatments,[3] h beatings,[4] forced anal examinations,[5]: 479  and torture have occured.[4][6]

Legality of same-sex sexual activity

See also: Human rights in the United Arab Emirates, Same-sex relationship § Laws against, and Sex and the law

The Federal Penal Code, which follows Sharia law, does not replace the legal system of each emirate,[7] unless it is contrary to the federal law. Persons may be charged under the Federal Penal Code, or under a local (emirate) penal code.[citation needed]

Article 354 of the Federal Penal Code states:[8][9][10]

Without prejudice to the provisions of the Law on juvenile delinquents and displaced, death penalty shall be imposed on whoever used coercion in having sexual intercourse with a female or sodomy with a male.

— Ministry of Justice, UAE (English version as provided), Official Gazette of UAE, issue 182 (1987)

The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) report that there are differing opinions on the effect of this provision, saying:[11]

...some scholars ... interpret ... [it] as applicable to consensual same-sex sexual activity, while others hold that 'it takes a stretch to read [this provision] as a criminalisation of consensual sex with the Arabic word for coercive syntactically placed as it is'.

— ILGA World, State-Sponsored Homophobia (2020), p. 82

According to the British non-profit, Human Dignity Trust, as of  2020, all U.S. Department of State human rights reports on UAE since 2015, have stated there are no records of arrests or prosecutions for same-sex sexual activity in the country.[12][7] nor ILGA[11] have been made aware of the death penalty being applied for same-sex sexual activity as of 2020, while Amnesty categorically "considers this article to address rape, not consensual same-sex sexual relations." Nevertheless, as ILGA comment:[4]

...the United Arab Emirates ... could... apply the death penalty for same-sex sexual relations if they take the public stance that they are considered "harmful to society".

— Nazeeha Saeed; ILGA World, State-Sponsored Homophobia (2019), p. 138

Death, life in prison, floggings,[1] fines, deportation are all a consequence of suspected or established same-sex sexual conduct.


The law against "voluntary debasement", variously rendered in English as "indecent assault", "indecency", or "carnal knowledge[11]: 82  is used against consensual same-sex (and other consensual non- or extramarital) activities.[4] This provision, Article 356, imposes penalties of terms of imprisonment of at least one year and up to fifteen years.[4]: 479  According to the British non-profit, Human Dignity Trust, as of  2020, all U.S. Department of State human rights reports on UAE since 2015, have stated there are no records of arrests or prosecutions for same-sex sexual activity in the country.[12]

Abu Dhabi

Article 80 of the Abu Dhabi Penal Code makes sodomy punishable by imprisonment of up to 14 years.[13] Several news reports have revealed how the law is typically enforced.[14] Cross-dressing is also likewise illegal.

In 2005, 26 young men were arrested at an Abu Dhabi hotel after police discovered the men engaging in cross-dressing and homosexual practices.[15] 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".[15] Initial reports suggested that some of these men were ordered to be given experimental hormone treatments, although the Government subsequently backed off from these statements.[15] The men were all given a five-year prison sentence.[15]

On 9 August 2017, Emirati police in Abu Dhabi detained two Singaporean nationals in a shopping mall. A court convicted them of crimes 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.[16]

Dubai

See also: Human rights in Dubai

Article 177 of the Penal Code of Dubai imposes imprisonment of up to 10 years on consensual sodomy. The most common depiction in the local media of LGBT people involves foreigners, disease, and sex crimes such as rape.[17]

In July 2007,[18] a case involved the kidnapping and rape of a sixteen-year-old French Swiss boy by a group of men.[19] The boy stated in a closed court session that soon after leaving the arcade, he saw a 17-year-old acquaintance who offered to drive him home and after him entering the SUV and driving past his home, the three men soon after raped the boy.[18][20] 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.[19] The mother accused the United Arab Emirates authorities of not notifying the family of the victim that one of the rapists was HIV-positive, testing positive 2003, thus delaying the seeking of medical attention for her son.[20] The Dubai Police Chief brushed aside this accusation stating "The case is a court case ... I think she is blaming everyone ...[20] Eventually, no formal charges were brought against the teenager who returned to testify 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." The boy's mother had launched an international campaign to boycott Dubai for the treatment of her son, but ended the campaign when the Government agreed to certain demands.[21] The boy was also awarded AED15 million (US$4 million) in civil compensation.[22]

In 2008, two lesbian tourists were given a one-month jail sentence and then deported for engaging in public displays of affection while visiting a beach.[23] The trial, reportedly the first of its kind, prompted the police to create a special task force to combat homosexuality and other "indecent acts" from taking place on the beaches.[24]

The legal and social sanctions against LGBT people mean that no formal LGBT organizations or nightclubs exist in Dubai. One nightclub called the Diamond Club sponsored a special night for the LGBT community, featuring a British cross-dressing DJ, only to be shut down by the Government.[25]

In 2011, two men were caught having sex in a car and were sentenced to a year each in prison. One man was Pakistani, 24, while the other was Filipino, 33, both found guilty of "homosexuality", which occurred in the International City area of Dubai.[26] Both men were deported following their prison terms.[27]

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.[28] 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.[29] On 21 March 2012, police raided and broke up a gay party consisting of 30 men.[30] 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.[31]

Canadian YouTuber and model Gigi Gorgeous, who is a transgender woman, was detained for five hours by officials at Dubai International Airport on 9 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.[32]

Canadian YouTuber and model Gigi Gorgeous, who is a transgender woman, was detained for five hours by officials at Dubai International Airport on 9 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.[33]

In October 2017, Jamie Harron from Stirling, Scotland, faced a three-year jail sentence after putting his hand on a man in a bar so as to not "bump and spill drinks". He was arrested for public indecency after touching the man's hip.[34] The charges of public indecency were eventually dropped following the intervention of the ruler of the Emirate Mohammed bin Rashid Al Maktoum.[35]

Gender identity and expression

Sex reassignment surgery is illegal.[36][37]


Crossdressing is illegal and punishable.[38][39]

Gay conversion or cure therapy occurs. There is no law prohibiting or discouraging its use.[40]

Living conditions

The U.S. Department of State's 2011 Human Rights Report found that:[3]

Both civil law and Sharia criminalize homosexual activity. Under Sharia[,] the death penalty is the punishment for individuals who engage in consensual homosexual activity. There were no prosecutions for homosexual activity during ... [2011]. At times[,] the government subjected persons to psychological treatment and counseling for homosexual activity. Cross-dressing is a punishable offense. The government deported cross-dressing foreign residents and referred citizens to public prosecutors.

— U.S. Department of State, 2011 Report on Human Rights Practices: United Arab Emirates, p. 23

Censorship

Main articles: Telecommunications in the United Arab Emirates § Internet censorship, and Censorship in the Middle East

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.[41]

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.[42] 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,[43] 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".[44]

Public opinion

In May 2015, PlanetRomeo, an LGBT 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 are they with their lives. The UAE was ranked 85th with a GHI score of 37.[45]

Summary table

Same-sex sexual activity legal No/No (Penalty: death, life in prison, floggings,[1] fines, deportation, involuntary medical and psychological treatments, administration of hormonal therapies,[2] and detention for forced psychological treatments,[3] h beatings,[4] forced anal examinations,[5]: 479  and torture have occured.[4][6]
Equal age of consent No
Anti-discrimination laws in employment only No
Anti-discrimination laws in the provision of goods and services No
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) No
Same-sex marriages No
Recognition of same-sex couples No
Stepchild adoption by same-sex couples No
Joint adoption by same-sex couples No
LGBT history education allowed No No; reference to same-sex relationships or related matters is forbidden.[46]
LGBT people allowed to serve openly in the military No
Right to change legal gender No
Conversion therapy illegal No
Access to IVF for lesbians No
Access to gender identity treatment for minors with gender dysphoria No
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood No

See also

References

  1. ^ a b c d "Dignity Debased: Forced Anal Examinations in Homosexuality Prosecutions". Human Rights Watch. 12 July 2016.
  2. ^ a b c Bollinger, Alex (17 August 2019). "The 1975's lead singer kissed a man on stage in Dubai to protest anti-gay laws". LGBTQ Nation.
  3. ^ a b c d Bureau of Democracy, Human Rights and Labor (2011). 2011 Country Reports on Human Rights Practices: United Arab Emirates (PDF) (Report). U.S. Department of State. Retrieved 26 May 2021.
  4. ^ a b c d e f g h i Ramón Mendos, Lucas (March 2019). International Lesbian, Gay, Bisexual, Trans and Intersex Association (ed.). State-Sponsored Homophobia 2019 (PDF) (13th ed.). Geneva: ILGA. Retrieved 26 May 2021.
  5. ^ a b c Together, apart: Organizing around Sexual Orientation and Gender Identity Worldwide, New York: Human Rights Watch, 2009, ISBN 978-1-56432-484-9 – via United Nations Refworld
  6. ^ a b c "Raped and tortured in a Dubai prison: Former managing director of Leeds United reveals the hell he endured after being jailed and outed as gay by authorities in UAE". (ICFUAE) International Campaign For Freedom in the UAE. 8 November 2017. Republished from The Daily Mail. [The man] spent 22 months in prison in Dubai after being accused of falsifying invoices and unlawfully channelling funds to a secret bank account.
  7. ^ a b Amnesty International (ed.). "Appendix 1: The Application of the Death Penalty for Consensual Same-sex Sexual Relations". Love, hate and the law: decriminalizing homosexuality (Report). pp. 46–49.

    NOTE ON THE UNITED ARAB EMIRATES:

    "The United Arab Emirates (UAE) does not carry the death penalty for same-sex consensual sexual relations. is a federal system in which Dubai has a full range of its own courts (if not, in some areas, its own laws); Ras al-Khaimah also has its own court system up to the level of cassation, which is assumed by the 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... [p. 48]

    "As in other nearby countries, it is... 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. [p. 49]
  8. ^ Official Gazette of the United Arab Emirates, Ministry of Justice, UAE, 8 December 1987, p. 7UAE Ministry of Justice
  9. ^ "Article 354 of Federal Law 3 of the Penal Code (Prohibition of Sexual Violence)". evaw-global-database.unwomen.org. Retrieved 2020-11-24.
  10. ^ Amico, Sam (10 May 2022). "NBA to stage games in United Arab Emirates, where homosexuality punishable by death". Fox News Sports. OutKick.
  11. ^ a b c ILGA World; Lucas Ramón Mendos; Kellyn Botha; Rafael Carrano Lelis; Enrique López de la Peña; Ilia Savelev; Daron Tan (14 December 2020). State-Sponsored Homophobia report (PDF) (Report) (2020 global legislation overview update ed.). Geneva: ILGA. Archived from the original (PDF) on 15 December 2020. Even so, to date there are no records that this penalty has been imposed on LGBT persons ...
  12. ^ a b "United Arab Emirates: Criminalisation - Enforcement 2020". humandignitytrust.org. Human Dignity Trust. Retrieved 7 August 2022.
  13. ^ "United Arab Emirates LGBTI Resources: Rights in Exile Programme". refugeelegalaidinformation.org. Retrieved 2020-11-24.
  14. ^ "UAE jails Singapore pair for wearing women's clothes". BBC News. 2017-08-24. Retrieved 2020-11-24.
  15. ^ a b c d "Sodomylaws.org". Sodomylaws.org. Retrieved 2016-02-26.
  16. ^ "UAE: Stop Policing Gender Expression". Human Rights Watch. 7 September 2017.
  17. ^ "Six things you absolutely mustn't do in Dubai". The Independent. 12 October 2017.
  18. ^ a b Cambanis, Thanassis (2007-10-31). "Dubai and rape: French youth tells his story". The New York Times. ISSN 0362-4331. Archived from the original on 2012-09-02. Retrieved 2021-08-23.
  19. ^ a b "'They Destroyed Me': French Teen's Rape Case Exposes Dubai's Dark Side - ABC News". Abcnews.go.com. 2009-02-19. Retrieved 2016-02-26.
  20. ^ a b c "Dubai court hears French boy's rape testimony". Reuters. 2007-11-07. Retrieved 2019-05-15.
  21. ^ "Paris, 4 January 2008". boycottdubai.com. Archived from the original on 28 July 2012. Retrieved 2015-11-30.
  22. ^ Fabrizio, Antonio. "Men sentenced for Dubai rape of 15-year-old boy". Pink News. Archived from the original on 17 April 2008. Retrieved 9 November 2011.
  23. ^ Hipps, James (2008-09-02). "Lesbian Couple Jailed for Kissing on Dubai Beach". gayagenda.com. Archived from the original on 16 January 2010. Retrieved 7 September 2009.
  24. ^ "Dubai police target indecent acts on beaches". Al Arabiya. 2008-07-07. Archived from the original on 2012-07-19. Retrieved 2016-02-26.
  25. ^ "Dubai closes club after gay night". BBC News. 1 April 2001.
  26. ^ "Two get one-year jail terms for performing oral sex on each other". Gulf News. Retrieved 2019-05-15.
  27. ^ Za'Za, Bassam (2011-06-23). "Car sex earns men one-year sentences". The National. Retrieved 2016-02-26.
  28. ^ Za'Za, Bassam (2012-04-10). "Two men jailed for consensual sex". Gulf News. Archived from the original on 10 April 2012. Retrieved 9 April 2012.
  29. ^ Littauer, Dan (2012-04-12). "Dubai: British man jailed for three years for public gay sex". PinkNews. Retrieved 2021-05-26.
  30. ^ Littauer, Dan (21 March 2012). "Dubai Police Chief Denies Reports of Gay Arrests". Huffingtonpost.com. Retrieved 2016-02-26.
  31. ^ Coleman, Aaron (2012-06-06). "Man in Dubai Gets 1 Year in Prison For Gay Relationship / Queerty". queerty.com. Retrieved 2016-02-26.
  32. ^ Sieczkowski, Cavan (10 August 2016). "YouTube Star Was Allegedly Detained in Dubai Airport Because She's Trans". HuffPost.
  33. ^ Sieczkowski, Cavan (10 August 2016). "YouTube Star Was Allegedly Detained In Dubai Airport Because She's Trans". huffpost.com.
  34. ^ Riordan, Conor (7 October 2017). "British tourist facing jail in Dubai 'after accidentally touching man's hip'". independent.co.uk. Retrieved 9 October 2017.
  35. ^ "Charges dropped against Dubai Scot". BBC News. 23 October 2017. Retrieved 24 October 2017.
  36. ^ Moukhallati, Dana (2016-09-26). "New law does not legalise sex change". The National. Archived from the original on 20 December 2016.
  37. ^ "UAE rejects three transgender Emirati women's bid for gender status change". Al Arabiya English. 23 March 2018. Retrieved 23 May 2021.
  38. ^ Browning, Bil (5 January 2021). "One of the most anti-gay countries is about to host a conference on LGBTQ rights". LGBTQ Nation.
  39. ^ "UAE jails Singapore pair for wearing women's clothes". BBC News. 24 August 2017. Retrieved 23 May 2021.
  40. ^ "UAE: Pulled 'gay cure' video gets 'unprecedented' media interest". Pink News. 27 February 2012. 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.
  41. ^ Internet Censorship, Homosexuality in the UAE
  42. ^ Ives, Mike (15 June 2022). "Disney's 'Lightyear', With a Same-Sex Kiss, Faces a Backlash in Some Muslim Countries". The New York Times. Archived from the original on 3 August 2022. Retrieved 15 June 2022.
  43. ^ The New Arab Staff (27 June 2022). "UAE children magazine retracts 'gay issue' after outcry". The New Arab. Archived from the original on 30 June 2022. Retrieved 13 August 2022.
  44. ^ Singh, Namita (28 June 2022). "UAE children's magazine accused of promoting homosexuality with 'gay issue'". The Independent. Archived from the original on 29 June 2022. Retrieved 28 June 2022.
  45. ^ The Gay Happiness Index. The very first worldwide country ranking, based on the input of 115,000 gay men Archived 12 May 2016 at the Wayback Machine Planet Romeo
  46. ^ "Anti-gay sentiment shows limit of Gulf states' liberal drive". Financial Times. 16 September 2022. Archived from the original on 11 December 2022.

Further reading

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