# Human rights in Yemen

Flag of 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.

## LGBT rights

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

Gay and lesbian websites are blocked by the government.

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

As a result of Sharia law, LGBT people are killed in attacks, and are not protected by the Syrian government.

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.

#### Islamic State

### 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 |  |