Lesbian, gay, bisexual and transgender (LGBT) people in the United Arab Emirates face legal challenges not experienced by non-LGBT residents. Homosexuality is illegal in the United Arab Emirates (UAE) and under the federal criminal provisions, consensual same-sex sexual activity is punishable by imprisonment; extra-marital sexual activity between persons of different sexes is also illegal. In both cases, prosecution will only be brought if a husband or male guardian of one of the participants makes a criminal complaint. The penalty is a minimum of six months imprisonment; no maximum penalty is prescribed, and the court has full discretion to impose any sentence in accordance with the country's constitution.
While there have been no known arrests or prosecutions for same-sex sexual activity in the UAE since at least 2015 (), with no upper limit to penalties codified, capital punishment is a theoretical outcome for (married) participants. Any penalty imposed is suspended if the complainant withdraws their complaint or "forgives" the transgressor.
Additionally, individuals have been prosecuted for offences related to sexual and gender identity under public decency laws, for acts such as kissing in public, or for cross-dressing.
Legal framework and history
The UAE's Federal Penal Code does not replace the legal system of each emirate, unless it is contrary to the federal law. Persons may be charged under the Federal Penal Code, or under a local (emirate) penal code.
Adherence of the country's legal and justice system to sharia allows for capital punishment as a legal penalty for some crimes. Same-sex sexual activity— as with other sex acts by married persons outside marriage — are in the category of crimes notionally liable to capital punishment in the United Arab Emirates, under provisions, at least prior to amendments contained in the new 2021 Federal Crime and Punishment Law. Despite this, there are no known instances of imposition of the death penalty, or sentences to life in prison, for such offences.
Enforcement history
According to the British non-profit, Human Dignity Trust, , all annual human rights reports from the U.S. Department of State on UAE after 2015, have stated there are no records of arrests or prosecutions for same-sex sexual activity in the country.
Involuntary medical and psychological "treatments", including administration of hormonal therapies, and detention for forced psychological treatments, have occurred. There have been reports of mistreatment in detention such as beatings, and forced rectal examinations, amounting to torture. have been consequences of such suspected or established same-sex sexual conduct.
Legal status
In January 2022, a new 2021 Federal Crime and Punishment Law came into force, reinstituting some provisions of personal relationship law that had been removed by amendments in 2020. Retained from the 2020 amendment is the requirement that criminal proceedings for non-marital sexual conduct are only instigated at the behest of (male) spouses or guardians, rather than police or other state authorities.
The law against "voluntary debasement", variously rendered in English as 'indecent assault', 'indecency', or 'carnal knowledge' may be enforced against consensual same-sex (and heterosexual, if outside marriage) activities. Since 2022, this provision, Article 356, is only invoked upon the complaint of the husband or male guardian of a participant in same-sex or extramarital sexual conduct. If criminal proceedings are instigated in this way, the minimum penalty that may be imposed upon conviction is a six months' term of imprisonment. There is no maximum penalty prescribed, so that judges may sentence offenders to any penalty allowable under the constitution. The effect of the 2021 amendment which updated Article 1 to: "The provisions of the Islamic Shari’a shall apply to the retribution and blood money crimes. Other crimes and their respective punishments shall be provided for in accordance with the provisions of this Law and other applicable penal codes", is as yet unclear. Before the amendment, penalties under Article 356 were imprisonment for at least one year and up to fifteen years. Until 2020, criminal prosecution could proceed without the spouse or guardian filing a complaint.
The U.S. Department of State's 2022 report states:
Abu Dhabi
Article 80 of the Abu Dhabi Penal Code makes sodomy punishable by imprisonment of up to 14 years. Cross-dressing is also likewise illegal.