Lesbian, gay, bisexual, transgender (LGBT) people in Yemen face legal challenges not experienced by non-LGBTQ residents.[1] Same-sex sexual activity is punishable by death; this law is applied to both men and women. Members of the LGBT community additionally face stigmatization and homophobic violence among the broader population.
A provincial court in Yemen sentenced several people to death for engaging in homosexual acts in 2024.[2]
The Constitution of Republic of Yemen, amended in 2001, does not explicitly address LGBT rights. It does guarantee certain human rights to all citizens, with the condition that all legislation must be compatible with principles of IslamicShariah law.[3]
Homosexuality was made illegal in British-controlled Aden in 1937 via the Indian Penal Code and in 1955 via the Penal Code of the Persian Gulf. The independent People's Democratic Republic of Yemen's 1976 penal code did not have any laws against homosexuality.[4]: 146
Article 264 of the national penal code prohibits private consensual homosexual acts between adult men. The stipulated punishment in the law for unmarried men is 100 lashes and up to a year in prison. The law stipulates that married men convicted of homosexuality are to be put to death.[5]
Article 268 of the national penal code prohibits private consensual homosexual acts between adult women. The law stipulates that premeditated acts of lesbianism are punished with up to three years in prison.[5]
In addition to the penal code, punishment for homosexuality can originate from people seeking to enforce traditional Islamic morality within their own family or for the broader society. In vigilante cases such as this, the punishment for homosexuality is oftentimes death.[6]
Yemeni Civil War (2014–present)
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The government blocks access to webpages that express support of LGBT rights.[8] This policy of censorship also extends to publications and magazines in Yemen.
In 2012, the magazine Al Thaqafiya was shut down by the government for publishing a review of the Egyptian film titled, Heena Maysara (translates to "Till things get better"). The reviewer, a Yemeni filmmaker named Hamid Aqbi, expressed some support for LGBT rights while discussing the film.[9]
In 2004, the Yemem Times, an English-language magazine, was allowed to publish an opinion piece opposing legal recognition of gay marriage.
In 2003, the Week, an Arabic-language magazine, published an article that included interviews with Yemeni men imprisoned for homosexuality. The three journalists involved with the article were convicted by the government.[10][full citation needed]
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