LGBT rights in the United Arab Emirates
The rights of lesbian, gay, bisexual and transgender people are heavily suppressed in the emirates of Dubai, Abu Dhabi, Ras al-Khaimah, Umm Al Quwain, Ajman, Fujairah and Sharjah, which together form the United Arab Emirates. All sexual relations outside of heterosexual marriage are criminalized. Punishments may include jail time, floggings, death, fines, and deportation. Adultery and fornication are crimes punished with death, and a person convicted of homosexuality may also face charges of adultery if they have an opposite-sex spouse while having sexual relations with a person of the same sex.
Legality of same-sex sexual activity
Article 354 of the Federal Penal Code states: "Whoever commits rape on a female or sodomy with a male shall be punished by death." This is a prohibition against rape, and consensual sodomy. The Federal Penal Code, which follows Sharia Law, does not replace the legal system of each emirate, unless it is contrary to the federal law. Hence a person could be charged with the Federal Penal Code, or under a local penal code. Imprisonment, death, fines, floggings, and deportation are commonplace.In September 2013, it was announced that all Gulf Cooperative Countries had agreed to discuss a proposal to establish some form of, yet unknown, testing in order to ban gay foreigners from entering any of the countries. However, it has been suggested that concern for hosting the 2022 FIFA World Cup in Qatar, and fears for controversy in a case that football fans would have been screened, made officials backtrack the plans and insist that it was a mere proposal.
Abu Dhabi
Article 80 of the Abu Dhabi Penal Code makes sodomy punishable by imprisonment of up to 14 years. Several news reports have revealed how the law is typically enforced. Cross-dressing is likewise 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. The most common depiction in the local media of LGBT people involves foreigners, disease, and sex crimes such as rape.In July 2007, a case involved the kidnapping and rape of a sixteen-year-old French Swiss boy by a group of men. The boy stated in a closed court session that soon after leaving the arcade, he saw a 17 year old acquaintance who offered to drive him home and after him entering the SUV and driving past his home, the three men soon after raped the 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. The mother accused the United Arab Emirates authorities of not notifying the family of the victim that one of the rapists was HIV-positive, testing positive 2003, thus delaying the seeking of medical attention for her son. The Dubai Police Chief brushed aside this accusation stating "The case is a court case... I think she is blaming everyone …" 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, saying: "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. The boy was also awarded AED15 million in civil compensation.
In 2008, two lesbian 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 cross-dressing DJ, only to be shut down by the Government.
In 2011, two men were caught having sex in a car and were sentenced to a year each in prison. One man was Pakistani, 24, while the other was Filipino, 33, both found guilty of "homosexuality", which occurred in the International City area of Dubai. Both men were deported following their prison terms.
In 2012, police arrested two Indian men for having consensual sex in a public toilet at a bus station. Both were jailed for six months each and were deported following their prison terms. In the same year, a 28-year-old British man who drunkenly had sex with another man in public were both sentenced to three years in jail followed by deportation. On 21 March 2012, police raided and broke up a gay party consisting of 30 men. On 7 June 2012, a Belgian man admitted to police that he was in a homosexual relationship with a Filipino. He was arrested and jailed for a year to be followed by deportation.
In December 2013, Karen Mke and Kamilla Satto, two transgender women from Brazil, were arrested at a hotel nightclub in Dubai for "imitating women" after calling the police due to prejudices they witnessed in the nightclub. After the law enforcement arrived to the nightclub and learned the two were transgender, they were arrested and the two were detained for two days without any explanation. The women were not allowed to leave Dubai once their passports were taken, and faced criminal charges. The two were held in Dubai until their sentencing in March 2014 and were fined by the courts Dh 10,000 and ordered to be deported.
Canadian YouTuber and model Gigi Gorgeous, who is a transgender woman, was detained for five hours by officials at Dubai International Airport on 9 August 2016 due to authorities not recognizing her gender as legitimate. Her passport was confiscated during her detention. After being released from detention, she departed immediately for Sweden.
In October 2017, Jamie Harron from Stirling, Scotland faced a three-year jail sentence after putting his hand on a man in a bar so as to not "bump and spill drinks". He was arrested for public indecency after touching the man's hip. The charges of public indecency were eventually dropped following the intervention of the ruler of the Emirate Mohammed bin Rashid Al Maktoum.
Gender identity and expression
In September 2016, the Government passed Federal Decree No 4, a series of changes to reduce doctors' criminal liability. The new law allows doctors to perform medical intervention on intersex people so as to "correct" their sex, effectively removing either the male or female genitalia. Sex reassignment surgery remains illegal.Living conditions
The U.S. Department of State's 2011 Human Rights Report found thatboth civil law and Sharia criminalize homosexual activity. Under Sharia the death penalty is the punishment for individuals who engage in consensual homosexual activity. There were no prosecutions for homosexual activity during... . At times the government subjected persons to psychological treatment and counseling for homosexual activity. Cross-dressing is a punishable offense. The government deported cross-dressing foreign residents and referred citizens to public prosecutors.