LGBT rights in Yemen

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.

Yemeni LGBT flag of Rights.

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.

Islamic State

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

---