Last updated: 26 October 2023
Same-sex sexual activity is prohibited under the Criminal Codes of the Emirates of Abu Dhabi, which criminalises ‘unnatural sex with another person’, and Dubai, which criminalises acts of ‘sodomy’. The Federal Penal Code criminalises ‘voluntary debasement’, but it is not clear what acts this covers. These provisions carry a maximum penalty of fourteen years’ imprisonment. Both men and women are criminalised under the law. Same-sex sexual activity may also be penalised under Sharia law, under which the death penalty is possible, though there is no evidence that this has been used against LGBT people.
In addition to potentially being captured by laws that criminalise same-sex activity, trans people may also face prosecution under the Federal Penal Code 1987, which criminalises a ‘male disguising as a female’ with a maximum penalty of one year imprisonment and a fine.
The provisions have their origins in Islamic law, with the Constitution designating Islam as the state religion, and Sharia as the principal source of law.
There is some evidence of the law being enforced in recent years, with LGBT people being occasionally subject to arrest, particularly transgender and gender non-conforming people who are regularly arrested on the basis of their dress and behaviour. There have been some reports of discrimination being committed against LGBT people in recent years, and the space for openness about sexual orientation and gender identity is extremely constricted.
The law permits doctors to conduct sex reassignment surgery where there are signs of gender and sex disparity, though ‘unwarranted’ surgery can be punished with three to ten years’ imprisonment. In January, a request for legal gender recognition by three transgender people who sought to change their legal names and genders was denied by a court. Their appeals were denied in March and December.
In September, the country opposed the 2014 UN Human Rights Council resolution on combating violence and discrimination based on sexual orientation and gender identity.
The US Department of State report notes that there were no reports of arrests or prosecutions for consensual same-sex conduct. There had been no such reports since the 2015 iteration of this report. Conversely, there were reports of people being arrested for wearing clothing deemed inappropriate for one’s sex, and foreign residents had previously been deported for this reason.
In August, UAE police detained two Singaporeans in a shopping mall, a cisgender male photographer and a trans woman. A court convicted them of crimes and sentenced them to one year in prison “for attempting to resemble women.” The UAE deported them on August 28 after they spent nearly three weeks in custody, much of that time in a cell they said was designated for “effeminate” people.
In October, a British man was arrested for touching another man’s hip in a bar in an apparent effort to avoid spilling a drink. He was sentenced to three months’ imprisonment for ‘indecency’.
A report by the Fahamu Refugee Programme indicates that the death penalty has never been applied for consensual same-sex sex.
It was reported in March that the sentence of two men for ‘sodomy’ charges had been upheld by the Federal Supreme Court. They were sentenced to six months’ imprisonment and deportation, after having been subjected to forensic tests which allegedly ‘proved’ the acts.
The US Department of State report found that the law is actively enforced, with individuals being prosecuted during the year, including a Kenyan national who was entrapped through an online dating service. According to the report, a number of individuals were forced into “psychological treatment” and “counselling” against their will. These practices have long been recognised in the UAE. The government also allegedly took legal action against individuals accused of ‘cross-dressing’.
In 2013, one man was allegedly placed on trial for a “gay” handshake.
In March, it was reported by a local LGBT group that 30 people had been arrested at a private party in Dubai for being gay. The Police Chief later denied that this was true.
Freedom House’s Freedom in the World report stated that LGBT people are subject to widespread social stigma.
It was reported by the US Department of State that due to social conventions and potential repression, LGBT organisations did not operate openly, nor were pride marches or gay rights events held. There were reports of LGBT people being questioned in airports on the basis of appearance and behaviour, with a number of incidents being reported, including the temporary detention and questioning of trans social media blogger, Gigi Gorgeous, in 2016.
Bollywood’s first gay romantic comedy was reportedly been banned in UAE.
In November, staff and students at the University of Birmingham warned that LGBT rights are not adequately protected at its new campus in Dubai. Although the university has committed to giving staff and students at the Dubai branch, which opened in September, the same rights under its internal polices as they would enjoy in the UK, its ability to provide protection to anyone reported to the Emirate’s authorities for breaking the law, whether on or off campus, will be limited, the LGBT committee warned in a briefing.
In February, a video allegedly demonstrating how to “cure” gay people was removed from YouTube. The resulting press coverage was praised by LGBT groups within the country, with the chair of the Gay, Lesbian, Bisexual and Transgender Rights UAE (GLBTR UAE) group commenting: “The removal of that video is a milestone even though we are talking about something virtual on YouTube. The publication of an article in the local press and attention it got is unprecedented.” An article on the video’s removal was reportedly retweeted by influential figures within the UAE.
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This report examines the status of sexual offences legislation in Commonwealth Asia, assessing good practice and identifying where there are gaps in protection, with a particular focus on women, children, LGBT+ people and people with disability.
Court of Criminal Appeal finds that consensual same-sex intimacy is a fundamental right and cannot be considered ‘unnatural.’
The Trust will provide technical legal & communications assistance to Commonwealth governments
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