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Gay rights and the Middle East

Sat 15 Apr 2006 In: Features

As Christians mark the death and resurrection of Jesus Christ two millennia ago, it is a good time to consider the modern-day lives of glbt people in the countries that surround the birthplace of Christianity. Courtesy of the UK-based Index on Censorship journal, we now have a better idea about what's happening to lesbians and gay men within Arab societies. Firstly, most of the Middle Eastern states retain some criminal penalties for male homosexuality, albeit of varying severity and levels of enforcement. Moreover, international solidarity seems to affect what happens within some of those states. For instance, in Algeria, male homosexuality and lesbianism alike are illegal, and carry two year prison sentences or else a two thousand dinar fine. In Bahrain, the Penal Code 1956 ordains ten year duration imprisonment for gay men. In Egypt the Law Combatting Prostitution means that the 'habitual practice of debauchery' even applies to noncommercial consensual adult gay male sex. Article 178 of their Penal Code also carries a two year sentence for 'violating public morals.' In Eritrea, a Penal Code Proclamation of 1957 theoretically criminalises homosexuality, but there is debate over its current status, while the Kuwaiti Penal Code provides for a seven year spell of imprisonment. Lebanon bans 'physical contact against the rule of nature' and has been applied to lesbians and gay men alike. It's no better in Morocco which criminalises 'lewd acts' between individuals of the same sex. In Qatar, there is provision for five year terms of imprisonment. Syria's 1949 Penal Cod provides one year imprisonment for lesbians and gay men alike, while Tunisia has penalties of three years imprisonment for consensual lesbian or gay sex. At present, homosexuality has only been completely decriminalised in three states - Israel, Jordan... and Iraq! Bear in mind, though, that there are current news reports indicating deteriorating qualities of life for Iraqi gay men, given the rise of Shia Islamic militancy after the fall of Saddam Hussein. However, Saddam seems to have sanctioned increased police harrassment of gay men too, to pander to religious conservatives within Iraq during the nineties. Jordan also blocks websites, while Israel has anti-discrimination laws that cover lesbians and gay men. But Lebanon, Morocco and Tunisia do recognise that there is an HIV problem in their societies, and provide some government subsidies for imported palliative HIV medication. On the other hand, sharia law prevails in Iran, Mauritania, Saudi Arabia and through some aspects of United Arab Emirates law, although its application is limited in the UAE to the discretion of public prosecutors. In Iran, repeated gay adult offenders are sentenced to death (colour photo's above), while gay minors are flogged seventy four times, and lesbians are sentenced to one hundred lashes. In the case of repeated lesbian sex, the death penalty is also applicable. For the trans community, though, reassignment surgery does occur, and is state-funded, as it has been held not to be against Shia shariah law, according to Iranian clerics. Human Rights Watch interviewed several Egyptian khawalat (men who have sex with men) after the mass arrest of gay men on the Queen Boat party vessel in 2001. For the next three years, police harrassment occurred, combined with raids on private homes, parties and use of informers against Egyptian-based gay websites. Cairo's vice squad used torture against gay male accused, consisting of forced electroshock treatment, assault, and humiliating intrusive 'medical inspections.' In Morocco, Lebanon and Saudi Arabia, the "Queen Boat" raid also triggered equivalent national police antigay initiatives. Long suggests that Egyptian and Saudi Sunni Islamic militancy may have triggered off conservative official reactions in both societies. What about HIV/AIDS? According to the UN Development Programme for Arab States, there are estimated to be half a million cases of HIV within the Middle East, and over fifty five percent of such cases are female. In Sudan, shariah law, absent prevention programmes and testing facilities,and high resultant infection rates, may have contributed to a nightmare in the making. In Morocco, however, the situation changed for the better after concerted international solidarity with imprisoned gay men in that country. Moreover, in Egyptian cities, there are signs of a male homosexual subculture that combines aspects of Western gay and traditional Egyptian same-sex loving social identities and networks. Human Rights Watch led concerted international solidarity activities against the Egyptian "Queen Boat" arrests, and while Articles 9c and 178 still remain on the legislative books, immediate repression of khawalat has ceased for the time being. One of the "Queen Boat" accused, "Waleed," provided a harrowing account of his ordeal with Cairo's homophobic police in one interview. Morocco has similar oases of enlightenment in Casablanca, Marrakesh and Tangiers, although at the cost of estrangement from families. Even here, though, it pays to be discreet. In Palestinian Authority-ruled West Bank and Gaza Strip towns, arrest, imprisonment and torture occurred even during the PLO/Fatah Party period of control, and the plight of Palestinian lesbians and gay men can be expected to have deteriorated, given the Hamas victory at recent Palestinian Authority general elections. It is possible that Hamas may try to impose shariah law within Authority territory, which has ironically led to teenage gay male flight to neighbouring Israel. While government immigration authorities pick up and deport anyone caught without adequate certification of their civil status, Israel's Agudah lesbian/gay rights group and the Israeli Ministry of Foreign Affairs are endeavouring to remedy their situation. Most exiled Palestinian lesbians and gay men live in Tel Aviv or Haifa, according to Eric Beauchemin of Radio Netherlands, who interviewed some of them. What is the future for lesbians and gay men in the Middle East? In some areas, the advance of sharia law may be cause for concern. However, in the cases of Egypt, Morocco and Israel, international and effective local solidarity networks have removed the immediate threat of homophobic backlash. Let it long continue to do so. Strongly Recommended: Index on Censorship 34:3: 2005: -Scott Long: "Raped by the State" (pgs. 122-129)[Egypt]; -Scott Long: "Waleed's Story" (pgs. 130-134)[Egypt]; -Eric Beauchemin: "The Gay Divide" (pgs. 143-148)[Palestine/Israel]; -Hana Sakr: "What About AIDS?" (pg. 153)[Sudan]; -Laetitia Grotti and Maria Daif: "Gay in Morocco" (Dossier, pgs. 154-160, pgs. 164-165). -Nicola Burch: "The Laws" (pgs. 166-168)[Middle East and LG legal status] International Solidarity: International Lesbian and Gay Association: http://www.ilga.org Sodomy Laws - international monitoring and news site: http://www.sodomylaws.org Human Rights Watch: http://www.hrw.org Craig Young - 15th April 2006    

Credit: Craig Young

First published: Saturday, 15th April 2006 - 12:00pm

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