After the last appointment of LM Pride’s column that delved into the current status of LGBTQ+ rights in Egypt, today we explore the context of another country in the MENA region, with deeply contradictory characters. In Yemen, in fact, the discussion surrounding LGBTQ+ rights is severely hampered by the civil conflict, triggered by the 2011 Arab Springs, which has been perpetuated since 2015 between pro-government Sunni forces and the Shiite Zaidi Houthi movement, after the latter advanced on the capital Sanaa. The political situation in the country is turbulent, with four regional administrations in the south of the country refusing to follow the central government’s guidelines following the 2015 constitutional reform, and major international powers such as Saudi Arabia and Iran, supporting the parties, vying for influence over the territory. In the background, a civil war that counted more than 230,000 dead in 2020 and left an estimated 24 million people in need of humanitarian support in 2021 – one of the most catastrophic conflicts of our time. All of this has only exacerbated trends already present in the deeply conservative country, which is firmly tied to its Islamic roots – according to the most recent data, 99% of the local population is Muslim, with uncertain estimates regarding the split between Sunni and Shia, though according to the U.S. State Department, they hover around 65% and 35% respectively. In Yemen, then, being a queer person effectively implies a risk to one’s life, and the conflict has wiped out any possibility of effective debate or policy advancement for the LGBTQ+ community.
Legislative Framework and Impact on Civil Society
Yemen was previously made up of two territorial units: the People’s Democratic Republic of Yemen in the southern region, and the Yemen Arab Republic in the northern region. Then unified in 1990, and after the secessionist Marxist movements in the South were finally crushed four years later, the country built its political and legal identity on the characters of the Islamic State that had ruled the North until then. So, just as in Afghanistan, Yemen’s legislative framework is dictated by the Shari’ah. In this sense, sexual relations between persons of the same sex are considered in the same way as relations outside the marriage bond, and therefore prohibited as a threat to the institution of marriage and procreation. In particular, homosexual “sodomy” is condemned by a Hadd punishment, as it would cross the limits of the “law of God”.
As can be seen in the Constitution, Yemen proclaims itself an “Arab, Islamic and independent sovereign state” in Article 1, and Article 3 points to the Islamic Shari’ah as the source of all legislation. This has very heavy implications on the LGBTQ+ community. Despite the fact that Article 6 and 41 profess Yemen’s adherence to the UN Charter and the International Declaration of Human Rights, respectively, and the formal equality of citizens and their rights, the status of queer people is in fact criminalized in the Penal Code. In Section 11, concerning “Adultery, Defamation and Corruption of Morality”, one can read how the judicial system harshly condemns homosexuality and lesbianism, providing for capital punishment in the first case:
- Article 264: Homosexuality is the contact of one man with another through his posterior; both sodomites, male or female, are punished by flogging of one hundred strokes if unmarried. Imprisonment for a period not exceeding one year is lawful. If married, the penalty is death by stoning.
- Article 268: Lesbianism is sexual intercourse between two women. Anyone who performs such an act shall be punished by imprisonment for a term not exceeding three years. If the act takes place with coercion, the imprisonment may be extended to seven years.
A substantial difference between the penalties for lesbianism and homosexuality is immediately apparent. There is also a lack of any definition and mention of other gender identities and sexual orientations included in the LGBTQ+ community, which are in any case punished under the general definition of acts of sodomy or outrage to public ethics. This underscores how the Yemeni legislative system was formed on the basis of patriarchal norms rooted in a binary conception of gender and male domination in any relevant social field, offering him a superior position to that of any minority. Consequently, while the relationship between two men is seen as “demasculinizing”, a renunciation of one’s privileges, and therefore to be harshly punished even with death, any other queer identity is erased and reduced to the category of homosexuality. It is no coincidence that, with regard to gender and sexual identity discrimination, the latest report of the Council for the United Nations High Commissioner for Human Rights (OHCHR) on the Yemeni context harshly criticized “the abuse of the judicial system to reinforce traditional gender roles”.
Perception and Social Status
Already living in an inherently discriminatory context, the civil conflict meant that the LGBTQ+ community, along with other minorities in the country as is often the case in violent situations, were further ostracized and persecuted by all sides. In the report of the Group of Eminent Experts on Yemen compiled in 2020 for OHCHR there are chilling testimonies of queer people in the country. Prior to the outbreak of violence, although stigma was already culturally present in the Yemeni social fabric, the people interviewed felt they could express themselves freely within safe spaces created by the community predominantly in large cities. However, beginning in 2015, it became impossible to maintain these spaces, and the parties to the conflict all participated in the wave of violence that was unleashed against non-conforming sexual subjectivities.
Also in this report, the Panel verified a number of violations of the rights of various transgender and non-binary people by the Criminal Investigation Department (CID) in the capital Sanaa, under the control of the Houthi movement, following arbitrary detentions based on the alleged sexual identity of the victims during a campaign against “immorality” conducted from 2018 to 2020. Under detention, respondents were subjected to rape, sexual torture, forced medical examinations, and corporal punishment based on false accusations of prostitution or “corruption of society.” On the other hand, the “Security Belt” forces commanded by the Southern Transitional Council (STC) with the support of the United Arab Emirates (UAE), fighting against the Houthi movement, are not exempt from these accusations. Testimonies from transgender and non-binary people tell of how victims are targeted for behaviors deemed too “feminine” compared to the sex assigned at birth. Sexual violence and forced examinations are conducted on all those who are considered a “danger” to social morals and national security, as there is a tendency to believe that homosexual “tendencies” deter men from enlisting.
In addition to more direct violence, sexual “conversion” therapies are still practiced in Yemen, with the use of electroshock and hormones. From the health point of view, moreover, it is impossible to find medical support for gender transitions, and HIV/AIDS prevention programs are chronically underfunded, both because of the critical economic condition in which the country finds itself and because of the strong religious prejudice, which does not condone, among other things, the use of condoms and sexual protection. It is therefore not surprising that there are Yemeni LGBTQ+ refugees who escape trying to reach Europe: a recent case is that of Ritaj, a transgender woman who fled from Yemen to France after being detained and tortured because of the too “manicured” shape of her eyebrows. As we can see from her story, the experience of queer subjectivities is impervious from the very beginning, with discrimination from family and friends and public and private violence, passing through transit countries during their escape, in her case Egypt, which often reserve the same kind of oppression left behind, until arriving at the European gates.
The LGBTQ+ community in Yemen, therefore, struggles to catch its breath: spaces for discussion and activist and supportive environments are almost non-existent, crushed by a decade-long war that obliterates protections already severely limited by existing social circumstances, and that shows no sign of ending.
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Sources and insights:
LGBT Rights in Yemen di Equaldex: https://www.equaldex.com/region/yemen
War in Yemen di Global Conflict Tracker: https://www.cfr.org/global-conflict-tracker/conflict/war-yemen
Rehman, J., & Polymenopoulou, E. (2013). Is Green Part of the Rainbow: Sharia, Homosexuality, and LGBT Rights in the Muslim World.ย Fordham International Law Journal, 37(1), 1-52. Available here:ย https://ir.lawnet.fordham.edu/ilj/vol37/iss1/7/
Ardemagni, E. (2021). Yemen: conflitto aperto, pace difficile.ย Focus Mediterraneo allargato n.17, ISPI online. Available here:ย https://www.ispionline.it/it/pubblicazione/yemen-conflitto-aperto-pace-difficile-31831
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Gianmarco Cristaudohttps://migrazioniontheroad.largemovements.it/en/author/gianmarco-cristaudo/
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Gianmarco Cristaudohttps://migrazioniontheroad.largemovements.it/en/author/gianmarco-cristaudo/
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Gianmarco Cristaudohttps://migrazioniontheroad.largemovements.it/en/author/gianmarco-cristaudo/
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Gianmarco Cristaudohttps://migrazioniontheroad.largemovements.it/en/author/gianmarco-cristaudo/