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LGBTQ rights in Yemen

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LGBTQ rights in Yemen
Current (November 2021) political and military control in ongoing Yemeni Civil War (2014–present)
  Controlled by the Government of Yemen (under the Presidential Leadership Council since April 2022) and allies
  Controlled by Houthis-led Supreme Political Council
  Controlled by Al-Qaeda (AQAP) and Islamic State of Iraq and the Levant-affiliated Ansar al-Sharia
  Controlled by the UAE-backed Southern Transitional Council
StatusIllegal: Islamic Sharia Law is applied
(Republic of Yemen)
PenaltyLashes, prison and up to execution
(Republic of Yemen)
States under Houthi Movement: Capital punishment
Gender identityNo
MilitaryNo
Discrimination protectionsNone
Family rights
Recognition of relationshipsNo recognition of same-sex unions
AdoptionNo

Lesbian, gay, bisexual, transgender (LGBT) people in Yemen face legal challenges not experienced by non-LGBTQ 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]

Legality of same-sex sexual acts

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Republic of Yemen

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Constitutional law

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Main article: Constitution of Yemen

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]

Penal Code

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Main article: Legal system of Yemen

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]

Yemeni Civil War (2014–present)

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al-Qaeda in the Arabian Peninsula

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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]

Islamic State

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Main article: Persecution of gay and bisexual men by ISIL

Media censorship

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Main articles: Censorship in the Middle East and Internet in Yemen

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]

Summary table

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Same-sex sexual activity legal No (Penalty: Lashes, prison and up to execution)

No Up to Death (Under Houthi movement)

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 people 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

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References

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  1. ^ "Yemen". Human Dignity Trust. Retrieved 16 September 2023.
  2. ^ "13 sentenced to death for homosexuality in Yemen". L'Orient Today. 6 February 2024.
  3. ^ "Constitution of the Republic of Yemen, 1994". 28 February 2008. Archived from the original on 28 February 2008. Retrieved 17 December 2017.
  4. ^ Sofer, Jehoeda (1992). Sexuality and Eroticism Among Males in Moslem Societies. Psychology Press. ISBN 9781560240471.
  5. ^ a b "GayLawNet - Laws - Yemen". Gaylawnet.com. Retrieved 17 December 2017.
  6. ^ "No Place for Gays in Yemen - Inter Press Service". Ipsnews.net. 16 August 2013. Retrieved 17 December 2017.
  7. ^ Freedom House (2015). Freedom in the World 2015: The Annual Survey of Political Rights and Civil Liberties. Rowman & Littlefield Publishers. p. 755. ISBN 978-1-4422-5408-4.
  8. ^ York, April Glaser and Jillian C. (23 April 2014). "LGBTQ Communities in the Arab World Face Unique Digital Threats". Electronic Frontier Foundation. Retrieved 29 June 2021.
  9. ^ "Yemen | L'Observatoire mondial de la société de l'information". www.giswatch.org. Retrieved 10 February 2021.
  10. ^ Aljazeera, 18 May 2004
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