Human rights in Yemen

Human rights in Yemen are seen as problematic in numerous ways. The security forces have been responsible for torture, inhumane treatment and even extrajudicial executions.^[1]

LGBT rights

Homosexuality is illegal in Yemen in accordance with the country's Shari'ah legal system.^[2] LGBT persons in Yemen are likely to suffer discrimination, legal, and social challenges. Punishments for homosexuality range from flogging to death.^[3][4] Yemen is one of only seven countries to apply a death penalty for consensual sexual acts between adults of the same sex.^[5]

Gay and lesbian websites are blocked by the government.^[6]

As of 2007, there was no public or semi-public space for gays as in western countries.^[7] The official position is that there are no gays in Yemen.^[7]

As a result of Sharia, LGBT people are killed in attacks.^[8] The government does not protect its gay citizens from violence.

LGBT flag map of 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.

We don’t have gays in Yemen. –FOUAD AL-GHAFFARI, AIDE TO THE MINISTER OF HUMAN RIGHTS, 2013

The US Department of State report 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. In October of 2023, a student of Sana’a University was expelled after being accused of promoting Homosexuality.

In February, according to AFP, 13 people were sentenced to death for homosexuality at a court in Ibb Governorate, an area under the control of Houthi rebels. The charges were announced on the 4th of February, 2024.

Criminal Provisions

Penal Code 1994, Article 264 Homosexuality

Article 264 criminalises the act of ‘Sodomy’, whether conducted by men or by men and women, with a maximum punishment of 100 lashings or up to one year imprisonment if unmarried. Where the accused is married, a penalty of death by stoning can be imposed.

Penal Code 1994, Article 268 Lesbianism

Article 268 criminalises sexual intercourse between women with a maximum penalty of three years’ imprisonment.

Yemeni Civil War (2014–present)

al-Qaeda in the Arabian Peninsula

In 2013 there were credible reports of members of the al-Qaeda in the Arabian Peninsula were killing men for allegedly being gay.^[9]

Islamic State

See the main article: Persecution of gay and bisexual men by ISIL

Summary

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.

There is no evidence of the law being enforced by the government in recent years, however reports have suggested that Militant groups have executed men suspected of being gay in areas they controlled. There have been some reports of discrimination and violence being committed against LGBT people in recent years, including murder, arbitrary detention, torture, and sexual violence.

Summary table

Same-sex sexual activity legal	(Penalty: Lashes, prison and up to execution) Up to Death (Under Houthi movement)
Equal age of consent
Anti-discrimination laws in employment only
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)
Same-sex marriages
Recognition of same-sex couples
Stepchild adoption by same-sex couples
Joint adoption by same-sex couples
LGBT people allowed to serve openly in the military
Right to change legal gender
Access to IVF for lesbians
Commercial surrogacy for gay male couples
MSMs allowed to donate blood

References

1. "Derechos: Human Rights in Yemen". Archived from the original on 9 August 2014. Retrieved 21 May 2016.
2. International Gay and Lesbian Human Rights Commission: Status of Sexual minorities – Yemen^{[permanent dead link]}
3. New book details increase in antigay violence worldwide^{[permanent dead link]}
4. An FCO programme for promoting the human rights of LGBT people^{[permanent dead link]}
5. World Day against Death Penalty: 7 countries still put people to death for same-sex acts Archived 2009-10-30 at the Wayback Machine
6. "Study: 25 countries block Web sites, including those with gay content - News - Advocate.com". Archived from the original on 26 October 2008. Retrieved 21 May 2016.
7. And then there was Yemen. Archived 2010-01-13 at the Wayback Machine
8. "Yemen: 25-year-old man shot dead for being gay". PinkNews. Archived from the original on 4 March 2016. Retrieved 21 May 2016.
9. Freedom House (2015). Freedom in the World 2015: The Annual Survey of Political Rights and Civil Liberties. Rowman & Littlefield Publishers. p. 755. ISBN 978-1-4422-5408-4.