Gay rights in the United Arab Emirates
Encyclopedia
The United Arab Emirates
includes the Emirates of Dubai
, Abu Dhabi
, Ras al-Khaimah
, Umm Al Quwain, Ajman, Fujairah and Sharjah. Sexual relations outside of a traditional, heterosexual marriage are a crime and punishments range from jail time, fines, deportation
, and the death penalty. A person may also face forced hormone treatments which may include chemical castration. Adultery is also a crime, and a person convicted of homosexuality may also face charges of adultery if they have a spouse while having sexual relations with a person of the same-sex.
sodomy
.
The Federal Penal Code does not replace the legal system of each emirate, unless it is contrary to the federal law, and thus Sharia law remains in place. Hence a person could be charged on this federal penal code, or under a local (emirate) penal code.
In 2005, twenty-six young men were arrested at an Abu Dhabi hotel, after police discovered the men engaging in cross-dressing and homosexual practices . In discussing the raid, Mohammed bin Nukhaira Al Dhahiri, Minister of Justice, Islamic Affairs and Auqaf stated, “There will be no room for homosexual and queer acts in the UAE. Our society does not accept queer behaviour, either in word or in action,” . Initial reports suggested that some of these men were ordered to be given experimental hormone treatments, although the government subsequently backed off from these statements . The men were all given a five year prison sentence .
and gender identity
remain taboo topics, with the most common depiction in the local media of LGBT
people involving foreigners, disease and sex crimes such as rape.
One such case involved the kidnapping and sodomy of a sixteen year old French Swiss boy . Initially, the police treated the victim as a suspect and the fear of being charged under Article 177 prompted the boy and his family to leave the country .Eventually no formal charges were brought against the teenager who returned to testify against his rapists. The story generated international media attention with government representatives defending the criminal laws against homosexuality as, "This is a conservative society. Homosexuality, conducted homosexuality is an illegal act. And we are not ashamed of that." The boy's mother had launched an international campaign to boycott Dubai for the treatment of her son, but ended the campaign when the government agreed to certain demands . Two of the men were later sentenced to 15 years in prison, which the family of the victim is appealing considering the fact that rape can carry the death penalty in the UAE . The boy was also awarded AED
15 million ($4 million USD) in civil compensation.
In 2008 two women tourists were given a one-month jail sentence and then deported for engaging in public displays of affection while visiting a beach . The trial, reportedly the first of its kind, prompted the police to create a special task force to combat homosexuality and other "indecent acts" from taking place on the beaches .
The legal and social sanctions against LGBT people mean that no formal LGBT organizations or nightclubs exist in Dubai. One nightclub called the Diamond Club sponsored a special night for the LGBT community, featuring a British transvestite DJ, only to be shut down by the government .
United Arab Emirates
The United Arab Emirates, abbreviated as the UAE, or shortened to "the Emirates", is a state situated in the southeast of the Arabian Peninsula in Western Asia on the Persian Gulf, bordering Oman, and Saudi Arabia, and sharing sea borders with Iraq, Kuwait, Bahrain, Qatar, and Iran.The UAE is a...
includes the Emirates of Dubai
Dubai
Dubai is a city and emirate in the United Arab Emirates . The emirate is located south of the Persian Gulf on the Arabian Peninsula and has the largest population with the second-largest land territory by area of all the emirates, after Abu Dhabi...
, Abu Dhabi
Abu Dhabi
Abu Dhabi , literally Father of Gazelle, is the capital and the second largest city of the United Arab Emirates in terms of population and the largest of the seven member emirates of the United Arab Emirates. Abu Dhabi lies on a T-shaped island jutting into the Persian Gulf from the central western...
, Ras al-Khaimah
Ras al-Khaimah
Ras al-Khaimah is one of the emirates of the United Arab Emirates , in the east of the Persian Gulf. It is in the northern part of the UAE bordering Oman's exclave. The capital city and home of most residents is also called Ras al-Khaimah. The city has a population of 263,217 as of 2008. The city...
, Umm Al Quwain, Ajman, Fujairah and Sharjah. Sexual relations outside of a traditional, heterosexual marriage are a crime and punishments range from jail time, fines, deportation
Deportation
Deportation means the expulsion of a person or group of people from a place or country. Today it often refers to the expulsion of foreign nationals whereas the expulsion of nationals is called banishment, exile, or penal transportation...
, and the death penalty. A person may also face forced hormone treatments which may include chemical castration. Adultery is also a crime, and a person convicted of homosexuality may also face charges of adultery if they have a spouse while having sexual relations with a person of the same-sex.
Federal Penal Code
Article 354 of the Federal Penal Code states, "Whoever commits rape on a female or sodomy with a male shall be punished by death." While English translations of the Arabic text are in some dispute, it is generally felt that this is a prohibition against rape, and possibly consensualConsensual crime
A consensual crime is a public order crime that involves more than one participant, all of whom give their consent as willing participants in an activity that is unlawful....
sodomy
Sodomy
Sodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...
.
The Federal Penal Code does not replace the legal system of each emirate, unless it is contrary to the federal law, and thus Sharia law remains in place. Hence a person could be charged on this federal penal code, or under a local (emirate) penal code.
Abu Dhabi
Article 80 of the Abu Dhabi Penal Code makes sodomy punishable with imprisonment of up to 14 years. Several news reports have revealed how the law is typically enforced. Cross-dressing would likewise be illegal.In 2005, twenty-six young men were arrested at an Abu Dhabi hotel, after police discovered the men engaging in cross-dressing and homosexual practices . In discussing the raid, Mohammed bin Nukhaira Al Dhahiri, Minister of Justice, Islamic Affairs and Auqaf stated, “There will be no room for homosexual and queer acts in the UAE. Our society does not accept queer behaviour, either in word or in action,” . Initial reports suggested that some of these men were ordered to be given experimental hormone treatments, although the government subsequently backed off from these statements . The men were all given a five year prison sentence .
Dubai
Article 177 of the Penal Code of Dubai imposes imprisonment of up to 10 years on consensual sodomy. Sexual orientationSexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
and gender identity
Gender identity
A gender identity is the way in which an individual self-identifies with a gender category, for example, as being either a man or a woman, or in some cases being neither, which can be distinct from biological sex. Basic gender identity is usually formed by age three and is extremely difficult to...
remain taboo topics, with the most common depiction in the local media of LGBT
LGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...
people involving foreigners, disease and sex crimes such as rape.
One such case involved the kidnapping and sodomy of a sixteen year old French Swiss boy . Initially, the police treated the victim as a suspect and the fear of being charged under Article 177 prompted the boy and his family to leave the country .Eventually no formal charges were brought against the teenager who returned to testify against his rapists. The story generated international media attention with government representatives defending the criminal laws against homosexuality as, "This is a conservative society. Homosexuality, conducted homosexuality is an illegal act. And we are not ashamed of that." The boy's mother had launched an international campaign to boycott Dubai for the treatment of her son, but ended the campaign when the government agreed to certain demands . Two of the men were later sentenced to 15 years in prison, which the family of the victim is appealing considering the fact that rape can carry the death penalty in the UAE . The boy was also awarded AED
United Arab Emirates dirham
The dirham is the currency of the United Arab Emirates. The ISO 4217 code for the United Arab Emirates dirham is AED. Unofficial abbreviations include DH or Dhs. The dirham is subdivided into 100 ....
15 million ($4 million USD) in civil compensation.
In 2008 two women tourists were given a one-month jail sentence and then deported for engaging in public displays of affection while visiting a beach . The trial, reportedly the first of its kind, prompted the police to create a special task force to combat homosexuality and other "indecent acts" from taking place on the beaches .
The legal and social sanctions against LGBT people mean that no formal LGBT organizations or nightclubs exist in Dubai. One nightclub called the Diamond Club sponsored a special night for the LGBT community, featuring a British transvestite DJ, only to be shut down by the government .
See also
- Human rights in the United Arab EmiratesHuman rights in the United Arab EmiratesHuman rights are legally protected by the Constitution of the United Arab Emirates, which confers equality, liberty, rule of law, presumption of innocence in legal procedures, inviolability of the home, freedom of movement, freedom of opinion and speech, freedom of communication, freedom of...
- LGBT rights by country or territory