LGBT rights in Saudi Arabia

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LGBT rights in Saudi Arabia Saudi Arabia
Saudi Arabia
Same-sex sexual activity legal? Illegal
Penalty:
Fines, floggings, prison time up to life, torture, chemical castrations,[1] whipping torture, and/or Death penalty on first offense. If convicted twice, you will be executed. Vigilante executions are very common as well,[2] especially by families who want to "save face". The police participate in executions/torture or turn a blind eye to it.[3] Islamic Sharia law is strictly and emphatically applied
(see below)
Gender identity/expression –none
Military service –no
Discrimination protections No protection, discrimination is encouraged, enforced and heavily applied to the LGBT community
Family rights
Recognition of
relationships
No recognition of same-sex relationships
Adoption –no
Coat of arms of Saudi Arabia.svg
This article is part of a series on the
politics and government of
Saudi Arabia
Basic Law
Foreign relations

The rights of the gays in Saudi Arabia are unrecognized. Saudi social mores and laws are heavily influenced by Arab tribal customs and the ultra-conservative, Sunni sect known as Wahhabism. Homosexuality and transgenderism are widely seen as immoral and indecent activities, and the law punishes acts of homosexuality or cross-dressing with imprisonment, fines, corporal punishment, capital punishment, whipping/flogging.

Laws[edit]

Criminal laws[edit]

Saudi Arabia has no criminal code as traditionally the legal system of Saudi Arabia has consisted of royal decrees and the legal opinions of Muslim judges and clerics, and not legal codes/written law. Much of the subsequent written law has focused on the areas of economics and foreign relations. Reformists have often called for codified laws, and there does appear to be a trend within the country to codify, publish, and even translate some Saudi criminal and civil laws.[4]

In 1928, the Saudi judicial board advised Muslim judges to look for guidance in two books by the Hanbalite jurist Marʿī ibn Yūsuf al-Karmī al-Maqdisī (d.1033/1624). Liwat (sodomy) is to be

"treated like fornication, and must be punished in the same way. If muḥṣan [commonly translated as "adulterer" but technically meaning someone who has had legal intercourse, but who may or may not currently be married] and free [not a slave], one must be stoned to death, while a free bachelor must be whipped 100 lashes and banished for a year."

Sodomy is proven either by the perpetrator confessing four times or by the testimony of four trustworthy Muslim men, who have been eyewitnesses to the act. If there are fewer than four witnesses, or if one of them is not upstanding, they are all to be chastised with 80 lashes for slander.[5]

In the 1980s, Saudi King Khaled issued numerous royal decrees designed to guarantee support among social conservative in the aftermath of an uprising of religious fundamentalists in 1979, known as the Grand Mosque seizure.

The "Rules of Apprehension, Temporary Custody & Precautionary Detention Regulation" codified the criminal code on homosexuality by listing it among the crimes that warranted arrest and detention. In addition to law enforcement, a second royal decree formally established the Committee for the Propagation of Virtue and the Prevention of Vice and gave this committee the power to authority to arrest and detain people who violate the traditional teaches of Wahhabism, including acts of homosexuality and cross-dressing.

Combating homosexuality remains one of the major goals of the Committee for the Propagation of Virtue and the Prevention of Vice , along with its campaign against consumption of alcohol and the practice of magic.[6]

Criminal Procedure[edit]

Criminal arrests for homosexuality and cross-dressing from the 1980s - 2002 could have come from the police or members of Committee for the Propagation of Virtue and the Prevention of Vice.

The criminal procedure changed, slightly, in 2002 when the government curtailed the powers of the Committee for the Propagation of Virtue and the Prevention of Vice, after members of the Committee blocked, during a fire, the rescue efforts at a girl's school.

Committee members are no longer able to arrest or detain someone on their own, but they can entrap people or otherwise assist the police in collecting sufficient evidence to make an arrest or lawfully detain a person.

Cases[edit]

In 2000 the Saudi government reported that it had sentenced nine Saudi men to extensive prison terms with lashing for engaging in cross-dressing and homosexual relations.[7] That same year the government executed three Yemeni male workers for homosexuality and child molestation.[8]

In 2001, Saudi teacher and playwright Muhammad Al-Suhaimi was charged with promoting homosexuality and after a trial was sentenced to prison. In 2006, he was given a pardon and allowed to resume teaching.[9]


In May 2005, the government arrested 92 men for homosexuality, who were given sentences ranging from fines to prison sentences of several months and lashings. Likewise, on 7 November 2005 Riyadh police raided what the Saudi press called a "beauty contest for gay men" at al-Qatif. What became of the five men arrested for organizing the event is not known.[10]

In October 2007, British human rights activists protested recent reports that the Saudi government was sending British mosques material urging the killing of gays and subjugation of women.

Persons caught living in the kingdom illegally are often accused of other crimes, involving illegal drugs, pornography, prostitution and homosexuality. Several such police crackdowns were reported in 2004–2005.[11] A similar raid in 2008 netted Filipino workers arrested on charges of alcohol and gay prostitution.[12] The Arab News article on the arrests stated, "Gay rights are not recognized in the Middle East countries and the publication of any material promoting them is banned".[12]

International protests from human rights organizations prompted some Saudi officials within the Saudi Arabian embassy in Washington D.C. to unofficially and incorrectly imply that their kingdom will only use the death penalty when someone has been convicted of child molestation, rape, sexual assault, murder or engaging in anything deemed to be a form of political advocacy.[13]

In 2010, Prince Saud bin Abdulaziz bin Nasir al Saud was charged with the murder of his male companion while on holiday in London. He was subsequently convicted and sentenced to a long prison term. According to the prosecutor, the Prince sexually and physically abused his servant as well as paid other men for sexual services.[14]

In 2011 - 2012 the Saudi newspaper called, "Okaz" announced that the government had arrested over 260 people for the crime of homosexuality over a one-year period. According to the official report, the men were caught cross-dressing, wearing ladies makeup and trying to pickup other men. [2]

During this government crackdown on homosexuality, the Committee for the Propagation of Virtue and the Prevention of Vice was permitted to make certain high-profile arrests.

In 2010, a 27-year-old Saudi man was sentenced to five years in prison, 500 lashes of the whip, and a SR50,000 fine after appearing in an amateur gay video online allegedly taken inside a Jeddah prison. According to an unnamed government source, “The District Court sentenced the accused in a homosexuality case that was referred to it by the Commission for the Promotion of Virtue and Prevention of Vice (the Hai’a) in Jeddah before he was tried for impersonating a security man and behaving shamefully and with conduct violating the Islamic teachings.” The case started when the Hai’a’s staff arrested the man under charges of practicing homosexuality. He was referred to the Bureau for Investigation and Prosecution, which referred him to the District Court.

Even government officials are not immune from criminal sanctions. A gay Saudi diplomat named Ali Ahmad Asseri applied for asylum in the United States after the Saudi government discovered his sexuality.[15]

Recent reports of people being executed for homosexuality often add other charges to the offense, typically theft, rape or murder. For example, a gay Yemeni was executed for homosexuality and murder in 2013.[16]

In 2014, a 24-year-old Saudi Arabian man was sentenced to three years detention and 450 lashes after a Medina court found him guilty of “promoting the vice and practice of homosexuality,” after he was caught using Twitter to arrange dates with other men.[17]

Right to privacy[edit]

The Saudi Constitution does not provide for a right to privacy. The government can, with a court order, search homes, vehicles, places of business and intercept private communications. People living in the kingdom should assume that communications can be seized by the government for evidence in a criminal trial.

Discrimination & Harassment[edit]

Saudi Arabia has no laws against discrimination on the basis of sexual orientation or gender identity. Harassment or violence against LGBT people is not addressed in any bias motivated or hate crime law. Advocacy for LGBT rights is illegal within the kingdom.

The required exit and entry visa paperwork does not ask people about their sexual orientation, as it does their nationality, sex, religion and marital status. No same-sex marriage, domestic partnership or civil union has any legal standing in the nation and may be used as evidence to initiate criminal proceedings.

In 2011, Mirel Radoi, a Romanian football player who plays for the Saudi Alhilal Club, was fined 20,000 Saudi Riyals and suspended for two matches after calling a Saudi Arabian football player, Hussein Abdul Ghani, who plays for Nasr Club, gay. The public comment, intended as an insult, was highly controversial and generated quite a bit of coverage in the Saudi press, including the refusal of Hussein Abdul Ghani to shake hands with Mirel Radoi after a later game.[18]

In 2013, the Gulf Cooperative Countries, which Saudi Arabia is a member, announced plans to ban LGBT foreigners from entering Gulf countries. The ban would reportedly be enforced through some type of test [3].

Education[edit]

Public education in Saudi Arabia is required to teach basic Islamic values based on interpretation of the Qaran, which includes strong condemnation of homosexuality. In addition, Islam condemns cross-dressing. The Ministry Of Education approved textbooks that reflect the county's Islamic view against homosexual acts by stating that "[h]omosexuality is one of the most disgusting sins and greatest crimes", and that the proper punishment for the intentional act of homosexual intercourse in public is the capital punishment[Saudi Ministry of Education Textbooks for Islamic Studies: 2007-2008 Academic Year. Center for Religious Freedom of Hudson Institute]

In 2012, the Saudi government asked the Commission for the Promotion of Virtue and Prevention of Vice to assist in the expulsion of students who were judged, by their mannerisms and taste in fashion, to be gay or lesbian. [4]

Private schools exist in Saudi Arabia, mainly to serve the needs of expatriates with children, and they are generally allowed a bit more discretion in setting up their own school curriculum and policies. Unless a majority of the expatriate families are Muslim, the private school is likely to only teach the basic beliefs of Islam, through lessons about the culture, language and history of Saudi Arabia. Textbook content or policies regarding homosexuality or cross-dressing tends to be influenced by the prevailing attitudes of the expatriates and their country of origin.

Censorship[edit]

The Saudi government censors the media with fines, imprisonment and, for foreigners, deportation for any person possessing, importing, distributing or producing media without governmental approval. Media content, including advertising, cannot be seen as insulting the royal family or conflicting with Islamic teachings and values.[19]

Homosexuality and cross-dressing are dealt with in print news through news coverage of criminal matters, the AIDS-HIV pandemic or allusions to perceived Western decadence.[20] No endorsement of LGBT rights is permitted.

Radio and TV programs are similarly banned from expressing support for LGBT rights, but homosexuality and cross-dressing can be discussed as long as the negative attitudes and biases are reinforced. A call-in TV show may feature a discussion about the immorality or "illness" of homosexuality, or, as in the case of Mirel Radoi, coverage may focus on a celebrity, in this case a Romanian-born soccer player, implying, as a false insult, that another soccer player was gay.

The government does not allow public movie theaters to exist, and permission to hold film festivals is rarely granted, but censored versions of films can be legally purchased in many retail stores. LGBT themes are generally one of the themes that is edited out of the movie. Customs agents keep a list of films or TV shows that are not allowed to be brought into the kingdom.

Government regulation of the Internet generally falls under the Royal Decrees On Anti-Cyber Crime (2007). Article 6 prohibits creating, distributing or accessing online content or webpages that the government deems to be pornographic or in violation of religious values or public morals or is a threat to public health, safety or order.

The Saudi government has frequently blocked Internet users in the kingdom from accessing web pages or other online content that express support for LGBT rights.[21] The restrictions on the Internet extent to blogs, social media and video upload webpages.

In 2010, a twenty-seven-year-old Saudi man was charged with homosexuality and impersonating a police officer when he posted a comical video of himself online, where he discusses popular culture, shows off his chest hair and flirts with the camera man. He was sentenced to a year in prison, with 1,000 lashes, and ordered to pay a fine of 5,000 rials (US $1,333).[22]

Clubs and Associations[edit]

Clubs, charities and political associations require permission from the government to exist, which will not be given to any organization that supports LGBT rights or even seeks to act as a social club for the LGBT community.

Only the Green Party of Saudi Arabia has publicly expressed support for LGBT rights and called for greater public openness about sexual orientation and gender identity issues. However, this is an illegal political party that cannot lawfully function within the kingdom.

Living conditions[edit]

The Saudi government does not allow for a visible LGBT community to exist, and prohibits any advocacy on behalf of LGBT rights as contradictory to Sharia. The criminal penalties against homosexuality and, with the narrow exemption of intersexuals, cross-dressing are regularly enforced against Saudi citizens as well as expatriates working in the kingdom.

Public discussion of homosexuality and cross-dressing is gradually becoming less taboo in Saudi society, and as long as the discussion reinforces traditional attitudes and mores, the government generally allows it to occur. The combination of criminal laws and social stigma pressures many Saudi gay men and women into remaining in the closet, even marrying a person of the opposite sex.

Some foreign journalists, such as (Brian Whitaker) have argued that lots of gay and bisexual men in Saudi Arabia cruise for sex and attend private parties with little fear of harsh punishment. In Saudi Arabia, he writes, "gay men cruise and party undeterred," despite the fact that "in theory" they could be punished with the death penalty for gay sex.[23]

Another foreign journalist, (John R. Bradley, a former editor of Arab News), noted that a discrete, underground LGBT community existed in the three largest cities. He cited coffee shops that tolerated gay customers, Internet chat rooms and private parties turned into temporary discos.[24] It was not uncommon for Western expatriates "between the ages of 20 and 50" to experience "being propositioned by respectable-looking Saudi men", often quite traditional in appearance, "at any time of the day or night, quite openly and usually very, very persistently."[25] While "the self-consciously `gay` (or LGBT subculture") of the West was/is not tolerated, homosexuality itself was "almost as ubiquitous in Saudi Arabia as the wearing of long white robes."[26]

Bradley and another journalist (Nadya Labi) interviewed some gay and bisexual Saudi men who noted that as long as people assume that they are heterosexual, they can safely date, even bring home, men who will be seen as friends. One man noted

It’s a lot easier to be gay than straight here, ... If you go out with a girl, people will start to ask her questions. But if I have a date upstairs and my family is downstairs, they won’t even come up.[27]

According to another man interviewed,

We have more freedom [in Saudi] than straight couples. After all, they can't kiss in public like we can, or stroll down the street holding one another's hand.[28]

Still another noted author with experience in the kingdom, (Robert Lacey), quotes a Saudi women who fled an unhappy marriage for a relationship with a woman, as saying

In this society you are mad if you have an affair with a man. With a woman it is safe. No one can question why you spend an evening at home together.[29]

While mixing of the sexes, (never mind dating) is forbidden in Saudi, the holding of hands and even exchange of light kisses among men is "considered normal, and carries no obvious homosexual connotations". Bradley calls Saudi "a world that prisoners or sailors in the West would easily recognize", one "where enforced segregation from women forces men to turn to one another for comfort and sexual gratification."[30] Speculating as to why the otherwise active "religious police" ignore a gay disco featuring drag queens, Bradley states that "the only explanation" seems to be "that everyone in Saudi Arabia (including the religious police) seems to be in agreement that boys going with boys is an inevitable consequence of keeping girls pure until they are married, and in that sense a worthwhile trade-off ... the trick seems to be not to mention the subject, not to acknowledge its existence ..."[26]

Gender identity[edit]

Some Saudi women will dress up as men, in order to circumvent the restrictions that women face, e.g., the ban on driving or the sex-segregated public establishments.,[31] but when they are caught, there are strict punishments.

The Saudi government views cross-dressing and any sort of transgenderism as being prohibited under Islamic jurisprudence, and is therefore illegal.[32] Criminal sanctions for cross-dressing tend to be the same for homosexuality, i.e. torture, whippings, chemical castrations, fines, imprisonment, capital punishment, and, for foreigners, deportation.

The Saudi government does not permit sex change operations to occur in the kingdom, and it does not allow people to obtain new legal documents after they have gone through gender reassignment surgery. A narrow exemption is, sometimes, made for intersex people but this is an exemption that is rarely granted.[33]

Much like with homosexuality, family members may feel obligated to kill a LGBT sibling or relative in order to restore the family's honor and esteem within the community. These vigilante "honor killings" are also directed at women who have sex outside of wedlock or are the victim of a rape.

HIV/AIDS[edit]

By law, every Saudi citizen who is infected or not infected with HIV or has AIDS or not is entitled to free medical care, protection of their privacy as to how they got infected and employment opportunities. The government has produced educational material on how the disease is spread and since the 1980s Abdullah al-Hokail, a Saudi doctor who specializes in the pandemic, has been allowed to air public service announcements on television about the disease and how it is spread.[34]

Yet, ignorance, fear and prejudice are often directed at people living with the disease. While the government has designated several hospitals to treat those people infected with AIDS or HIV, other hospitals often refuse to care for such people or fail to treat them in a compassionate and humane manner.[35] Hospitals and schools are often reluctant to distribute government information about the disease because of strong taboos and the stigma attached to how the virus can be spread.[36] For example, condoms are legal, but until recently, they were rarely available anywhere other than certain hospitals or medical supply stores.

While Health Ministers and religious leaders express the need to treat people living with the virus decently, they also note, "When Islam forbids adultery and homosexuality, it does so for the benefit of the human spirit and a person’s welfare and protection”.[34][importance?]

1990s[edit]

In the late 1990s the Saudi government began to slowly step up a public education campaign about AIDS-HIV. It started to recognize World AIDS Day, and the Arabic and English daily newspapers were permitted to run articles and opinions that expressed the need for more education about the disease and more compassion for those people infected. The number of people living in the kingdom who were infected was a closely guarded secret, as the official policy was often that the disease was not a serious problem in a kingdom because Saudis followed the principles of traditional Islamic morality.

2003[edit]

In 2003 the government announced that it knew of 6,787 cases, and in 2004 the official number rose to 7,808. The government statistics claim that most of the registered cases are foreign males who contracted the disease through "forbidden" sexual relations.[37]

2006[edit]

In June 2006, the Ministry of Health publicly admitted that more than 10,000 Saudi citizens were either infected with HIV or had AIDS.[38]

In December 2006 the Arab News ran an editorial that called for greater public awareness of how the virus is spread and more compassion for those people infected.[39]

It was this same year that a Saudi citizen named Rami al-Harithi revealed that he had become infected with HIV while having surgery and has become an official proponent of education and showing compassion to those people infected.[38]

Saudi Princess Alia bint Abdullah has been involved in the Saudi AIDS Society, which was permitted in December 2006 to hold a public charity art auction followed by a discussion on how the disease was impacting the kingdom that included two Saudis living with HIV. The event was organized with the help of the Saudi National Program for Combating AIDS which is chaired by Dr. Sana Filimban.

2007[edit]

In January 2007 a Saudi economics professor at King Abdul Aziz University was permitted to conduct of survey of a handful of Saudi University students on their level of education about the pandemic.[40]

While much of the work on AIDS-HIV education has been supported by members of the Saudi royal family or medical doctors, there is an attempt to gain permission to create some independent AIDS societies, one of which is called Al-Husna Society, that would work on helping people infected with the disease find employment, education families and work to fight the prejudice that faces people infected.[41]

In 2007, a government-funded[42] organization, the National Society for Human Rights, published a document suggesting ways to improve the treatment of people living with the disease. The proposed "Bill of Rights" document was criticized by Human Rights Watch for allegedly undermining human rights and global efforts to fight the pandemic.[43]

Foreigners and HIV/AIDS[edit]

Foreigners who are applying for a work visa are required to demonstrate that they are not infected with the virus before they can enter the country, and are required to get a test upon arrival at a government accredited lab. To be issued their first work permit, they are also required to perform the test again before the renewal of a residency or work permit. Any foreigner that is discovered to be infected will be deported to the country of origin as soon as they are deemed fit to travel. Foreigners are not given access to any AIDS medications and while awaiting deportation may be segregated (imprisoned) from the rest of society.[44]

Summary table[edit]

Same-sex sexual activity legal No (Penalty: Prison sentences of several months to life, fines and/or whipping/flogging, castration, torture, vigilante execution or death can be sentenced on first conviction. A second conviction merits execution.)
Equal age of consent No
Anti-discrimination laws in employment No Discrimination is encouraged, enforced and heavily applied to the LGBT community.
Anti-discrimination laws in the provision of goods and services No Discrimination is encouraged, enforced and heavily applied to the LGBT community.
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) No Discrimination is encouraged, enforced and heavily applied to the LGBT community.
Same-sex marriage No
Recognition of same-sex couples No
Step-child adoption by same-sex couples No
Joint adoption by same-sex couples No
Gays and lesbians allowed to serve openly in the military No
Right to change legal gender No
Access to IVF for lesbians No
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood No

See also[edit]

References[edit]

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  44. ^ [1][dead link]