Last updated: 4 April 2024
Same-sex sexual activity is prohibited under the Penal Code 1994, which criminalises acts of ‘homosexuality’ and ‘lesbianism’. These provisions carry a maximum penalty of death by stoning. Both men and women are criminalised under this law.
The provisions have their origins in Islamic law, with the Constitution designating Islam as the state religion, and Sharia as the source of all law.
In recent years, courts controlled by the Houthi militia have sentenced and executed men on charges related to same-sex sexual conduct. There have been reports of discrimination and violence being committed against LGBT people in recent years, including murder, arbitrary detention, torture, and sexual violence.
In February, Amnesty International reported that 13 students were sentenced to death and 3 others to flogging for charges of “spreading homosexuality” at a Houthi-controlled court of first instance in Ibb Governorate in Southern Yemen.
According to the same report, in January, a Houthi criminal court in Dhamar in northern Yemen sentenced 32 men in a mass trial for charges including “homosexuality”, “spreading immorality”, and “immoral acts”. Nine of the men were sentenced to death, and 23 handed prison sentences for periods between six months and 10 years.
In October, 118 members of the Houthi militia were reportedly referred to the criminal court on charges of practising homosexuality and sodomy. On 10 October, a Houthi-run court in Dhamar convicted 16 men of committing “immoral acts”, according to Human Rights Watch.
In July, 8 individuals from the Houthi militia were arrested in a hotel of the city of Dhamar for allegedly promoting homosexuality.
In August, it was reported that eight men had been killed on the streets for being gay by suspected Al-Qaeda members, who at the time exerted control over parts of Yemen and implemented their own interpretation of Sharia law, under which the death penalty applies for same-sex sexual activity.
In October, a student of Sana’a University was expelled after being accused of promoting homosexuality.
The US Department of State Country Report on Human Rights Practices found that the government did not consider anti-LGBT violence or discrimination relevant for official reporting. Few LGBT people were open regarding their sexual orientation or gender identity, though those that were faced discrimination.
We don’t have gays in Yemen.
A report on the human rights situation in Yemen since 2014 by the UN Group of Eminent International and Regional Experts on Yemen stated that anti-LGBT discrimination and violence had been exacerbated by the ongoing conflict, and witnesses described cases of arbitrary detention, ill-treatment, torture, and sexual violence.
The US Department of State Country Report on Human Rights Practices stated that the government blocked access to internet sites containing LGBT related content.
Reports suggest that several murders of gay men were committed in 2017. A Yemeni gay man interviewed suggested that “fourteen gay men were murdered in Aden this past year alone”. He also claims that most of them were killed by Al-Qaeda members.
In September, it was reported that four gay men had been killed in Aden since August.
Country profile of Saudi Arabia. LGBT people are Saudi Arabia criminalises same-sex sexual activity between men and between women. The gender expression of trans people is also criminalised. Sentences include a maximum penalty of death. under Sharia Law.
Oman criminalises same-sex sexual activity between men and between women. The gender expression of trans people is also criminalised. Sentences include a maximum penalty of three years’ imprisonment.
The United Arab Emirates criminalises same-sex sexual activity between men and between women. The gender expression of trans people is also criminalised. Sentences include a maximum penalty of death.
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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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