This section taps into real-life examples to list the challenges of LGBTIQ+ people living in Lebanon. It does not limit itself to the Lebanese individuals, as the national context and the provisions of laws (such as those of the Criminal Code) affect all the residents in Lebanon, regardless of their nationality, and of the duration of their residency.
This section reflects LGBTIQ+ realities. It signals the existence of LGBTIQ+ violations and unjust situations, thus highlighting the scale of the crisis.
Article 534 of the Criminal Code stipulates that “intercourse, that is against nature, is punishable with up to one year of prison”.
The article only mentions “intercourse against nature” and not “same-sex intercourse”. Yet, it is interpreted and used by the prosecutors, the law enforcement officers, and the courts to criminalize “same-sex intercourse” that they deem “against nature”.
The article only mentions “intercourse”. In principle, it cannot be used unless “intercourse against nature” is reported or at least “proven”. However, this article is interpreted and used by the prosecutors, the law enforcement officers, and the courts to prosecute “homosexuality”, often based on looks, fashion, location, and even on possession of homoerotic or pornographic material on personal devices such as phones, tablets, and laptops.
Other articles from the same Criminal Code mention “incitement to debauchery” and “good morals”. They are also used against LGBTIQ+ initiatives, events, publications and people (ie: the case of Beirut Pride 2018).
Arrests. On these grounds, law enforcement officers proceed with arbitrary arrests. They are humiliating, rough, disrespectful arrests, with physical and verbal abuse, mostly conducted by police officers in civilian clothes, who do not introduce themselves with a police badge, and who drive unmarked vehicles, which adds to the fear and to the intimidation. The misinformation of security officers about LGBTIQ+ realities is the cornerstone of misunderstanding and abuse. [1]
Detention. Arrested people are roughly treated and held in bad conditions, in overcrowded cells with bad hygiene, no proper bathroom, no shower, no water or food. While detention cells are intended to host detainees for 48 hours maximum, some spend months awaiting their trial before they are sent to prison to serve their sentence. [2] Detainees are often held for a long time before they are allowed to make a phone call to inform somebody of their arrest and where they are held. Police officers often call the parents of the detainees to inform them of the homosexuality of their children. Visitors can bring them a small care package, and some money to buy cigarettes or food from the guards. Systematic HIV and drug tests are conducted on LGBTIQ+ detainees. If the person shows signs of drug use (such as detection of hash or weed), they are subjected to additional abuse, and to a harsher prosecution. If the person is HIV+, they are outed to the other detainees, treated like lepers, put alone in a cell, and outed to their family for intimidation. Retroviral treatment is only given to HIV+ sentenced inmates, and is not allowed for HIV+ detainees, or for those awaiting trial or for those awaiting sentence, which leads to the deterioration of their health status. The police also challenges NGOs who work with people living with HIV (despite being registered, and recognized by the Ministry of Public Health) in reaching out to their HIV positive beneficiaries when detained. When serving their sentence, HIV+ inmates are separated from the other prisoners, and held in the building reserved for the mentally ill (the blue Roumieh building). [3] This misinformed, discriminatory treatment deters people from testing for HIV, afraid that word would get around about their prospective homosexuality. This has a negative impact on HIV prevention, testing, knowledge of one’s status, as well as on the care for people living with HIV. On the matter, HIV+ people lose their insurance contract upon infection, employers freely discriminate against HIV+ candidates, and PrEP medication is not accessible to most people.
Violation of privacy. Detainees are forced to provide the password of their phone to the investigators without the issue of a search warrant. According to the police officers, a verbal note from the Prosecutor is enough to allow them access to the detainee’s phone. Applications, photo and video galleries, internet history, voice notes, messages, and call logs are searched for a “suspicious conversation”, a picture, a video, a comment that would “prove” that the detainee engages in “homosexuality”, in “debauchery”, in an act of “bad morals”. The police reaches out to contacts of the detainees, and often asks them to come to the police station. They also call the family of the detainee to inform them of the homosexuality of their relative, and of their serological status if positive.
Sexual assault. Several cases of sexual harassment and of rape performed by officers and investigators on detainees have been reported during detention and interrogation.
Trial. Hearing sessions are public, and the derogatory words are often used.
Criminalization. While courts have been commuting the prison sentence, replacing it with a fine, the “offense” shows on the police record for ten years, which features the Arabic equivalent of words “sodomite”, “faggot”, “sexual pervert” or “sexual perversion”. This mention creates public situations of embarrassment and discomfort, and hinders chances of employment and of getting travel visas to some countries. [4]
Mental and emotional health. Prosecution is stressful; the prospect of jail is taxing; lawyers are expensive; trials are tense, long, and their charges expensive; the fines to pay (replacing prison sentence) are expensive; and the 10-year mention on the police record in nerve-wrecking.
Gender identity. The homophobic interpretation of Article 534 that criminalizes homosexuals makes it conflictual for people to change their gender on official documents, for fear of prosecution on the grounds of “perceptions of homosexuality” [5]
Legal vulnerability. The homophobic interpretation of Article 534 equals LGBTIQ+ people to murders, rapists and robbers - those who cause harm, abuse and who take people’s lives. Therefore, individuals who identify as LGBTIQ+ do not benefit from support against crimes, hate crimes, honor crimes, violations, domestic violence, aggressions, etc, even when the harm is unrelated to their sexuality or gender identity. The simple mention of homosexuality to law enforcement officers or to the court might initiate criminal proceedings against them, even when they are a witness at court. This has happened several times, and this explains why most LGBTIQ+ people do not report crimes, hate crimes, honor crimes, violations, domestic violence, aggressions, that they witness or are victim of. This legal vulnerability has been obstructing justice.
Crackdown on LGBTIQ+ initiatives. The homophobic interpretation of Article 534 that criminalizes homosexuals has served as the main grounds (in addition to articles about “incitement to debauchery” and “good morals”) to crackdown on LGBTIQ+ initiatives such as public conferences, parties, concerts, exhibitions. The crackdown is always accompanied with intimidating, often anonymous, phone calls to the organizers, to the venue managers, and to the supporting local partners, asking them why they collaborate with initiatives that “facilitate crimes”, requesting from them to step down to avoid future business troubles. Pressure also includes police cars patrolling the neighborhood, sending undercover agents, and explicitly informing the company that their support encourages a “crime” which makes them a partner in it. Police officers use the “no permit granted” excuse even for small gatherings in venues such as bars and restaurants (which do not require a permit to host a talk for 20 persons in their private indoor space). Public campaigns also run against the initiative to deter people from participating in it, and fake programs mention “drug use” and “sex work” to add a sensational illicit dimension to the initiative. Some international visitors have been banned from entering Lebanon on the “accusation of attending LGBTIQ+ events in Lebanon”. [6] As this gives rise to hate speech and calls for violence, the public institutions (including politicians and the judiciary) remain silent, never denouncing these aggressions.
Academic alienation. The homophobic interpretation of Article 534 that criminalizes homosexuals and the other articles about “incitement to debauchery” and “good morals” have been used by several persons to oppose sexual education programs in schools and in universities (intended to bring awareness on sexual health issues), with the excuse of “encouraging the youth to sexuality and to engage in acts contrary to society values”. These same dispositions are the excuse given by school administrations to justify their almost nonexistent policies against bullying based on gender perception. These dispositions have also been used by others to pressure colleges such as the American University of Beirut to halt discussion on gender, and to dismantle the Gender and Sexuality student club through a vile defamation campaign that targeted a party organized by college students in their late teens, early twenties, in October 2018.
Ignoring registration for organizations. Despite the Lebanese constitutional right of assembly, the homophobic interpretation of Article 534 that criminalizes homosexuals has provided the “legal” grounds for the Ministry of Interior not to register or recognize local NGOs that work on LGBTIQ+ thematics. The NGOs are not officially asked to stop their work, but they receive no immatriculation from the public institutions, which means they cannot legally sign contract on behalf of the organization, and they cannot open bank accounts. This creates massive legal and financial liabilities, and foster an environment of abuse, mismanagement of funds, and other legal challenges. The NGOs remain exposed and vulnerable when attacked by homophobic people whose hate speech might escalate into violence. They do not benefit from State protection, funding or support. [7]
Digital alienation. The homophobic interpretation of Article 534 that criminalizes homosexuals makes it challenging to denounce hate speech on social media via official legal channels, as most victims are not confident to engage with the police to report and to bring charges against abusers. National campaigns ran by the Internal Security Forces against digital sexual harassment and blackmail received almost no engagement from LGBTIQ+ people, who, while being largely affected by these violations, refrained from referring to the police for fear of being prosecuted for same-sex eroticism or homosexuality.
Digital censorship. The homophobic interpretation of Article 534 that criminalizes homosexuals has served as the grounds for the General Security to block, on the public network, dating application Grindr as well as some pornography websites, as “they facilitate men meeting men and encourage a crime in Lebanon”. The network provider companies received communication that should they not comply with the security agency’s order, they would be considered crime facilitators, which would initiate legal action against them.
Media alienation. While Article 534 does not mention homosexuals and does not criminalize homosexual people, several media outlets dismiss the nuance, and engage in a discourse that lacks precision. They communicate to their larger audience that homosexuality is outlawed in Lebanon, which reinforces its illegality among people. In this sense, depictions of homosexuals verse in mockery, stereotypes and scapegoating, which alienates the youngest and toughen people’s prejudice.
Movie & theatre censorship. The homophobic interpretation of Article 534 that criminalizes homosexuals has served for the censorship of several movies and theatre plays on the grounds of “promoting a crime” in addition to “good morals”. Censorship is mostly applied to works with openly gay protagonists, especially when Lebanese men kiss or make love. Censorship has recently entered film schools, where student productions and graduation projects are also monitored, some filming permits revoked, and projection approvals withdrawn even when the censorship office had permitted the filming based on the script. [8] [9] [10]
Electoral alienation. The dispositions of the electoral law of 2017 state that people prosecuted for specific offenses cannot run for elections, or vote in the General elections. People criminalized under Article 534 were among those affected by this limitation.
Refusal to take a diplomatic stance of homosexuality. The homophobic interpretation of Article 534 that criminalizes homosexuals has been used by the Government to justify its silence on LGBTIQ+ topics when they are raised in international organizations. Lebanese diplomats do not take an official, in-office, stance on the matter. In 2018, the Lebanese delegation to the Inter-Parliamentary Union in Geneva voted against a the meeting hosting an LGBT caucus. However, the Lebanese government does not refuse openly gay diplomats with their partners.
Jeopardizing civic rights. The misunderstanding of Article 534, and its homophobic interpretation, have provided “legal” grounds for ministers or State delegations to abstain from signing declarations if the latter mention LGBTI. In November 2020, the caretaker Minister of Foreign Affairs was representing the Lebanese Cabinet in the first ministerial-level meeting of the Media Freedom Coalition, which aim was to coordinate action for the defense of international media freedoms. At the end of the meeting, all participating countries signed the (non-binding) communiqué to the exception of Lebanon because it mentioned LGBTI people. The Minister lamented on Twitter “out-dated Lebanese legislation that are yet to be updated”. [11]
Family alienation. The homophobic interpretation of Article 534 that criminalizes homosexuals, increases family homophobia, as some persons tap into the criminalization of homosexuals to ostracize family members:
Some family members do not allow homosexual relatives near their nephews and nieces because of their homosexuality;
Some parents terrorize their young children using legal references to convince them to “stop being homosexual” or else they become “criminals”;
Some parents threaten their children with contacting intelligence agencies to take action against their “behavior”;
Some parents tip law enforcement officers into giving their children a phone call, even calling them into the Police station or arresting them for a few days to intimidate them and to “deter them from their sexuality, feminine behavior, fashion looks, or even from friends they hang out with”;
Some parents intimidate the young boyfriends of their children, especially when they are 16 or 17, forcing them to stop seeing their children. Otherwise, they would make a claim against them for “forcing themselves on their children” or for “abuse on minors” or even sexual coercion and rape.
Religious alienation. While religious institutions and authorities have kept a very negative loud and public stance against homosexuality, they often use the homophobic interpretation of Article 534 that criminalizes homosexuals to reinforce the application of their personal views.
The Catholic Information Centre has organized and participated in anti-gay conferences, called homosexuals “devil worshippers, deviates, western agents, alienators and imports, ill people, contrary to religious principles and the reason for HIV prevalence”. Conversion therapy sessions were advocated by the Orthodox Church, and a Christian-identified TV producer called for a Christian conversion therapy project in the Summer of 2019 (Mashrou3 Charbel). The Sunni Dar el Fatwa, its Chief-Inspector cleric, and the past-immediate Sunni Mufti of the Republic, have held anti-gay conferences, pressured politicians and security agencies to shut down events, publicly spoke up with hate, threatened with violence and called homosexuals “trendsetters, sick people, sinners, religious deviates and perverts”. The incumbent Sunni Mufti of Lebanon spoke against the opening night of Beirut Pride 2019, urging the Prime Minister and the Minister of Interior to cancel the event. The Shia Cleric Secretary-General of Hezbollah stated that homosexuality was a Western import that harm our societies. All of the religious institutions have used pressure to cancel LGBTIQ+ events organized by NGOs and by Beirut Pride. They pressured venues through third parties to cancel events. They have also pressured colleges such as the American University of Beirut to halt discussion on gender and to dismantle the Gender and Sexuality student club though a vile defamation campaign that targeted a party organized by college students in their late teens, early twenties, in October 2018. [12] [13] [14]
Public authorities give in to religious intimidation when they don’t honor the constitutional right of assembly, and don’t protect people against disruption and calls of hate. As they don’t “wish to meddle” when religious pressure mounts, they contribute to increasing hate and aggression. For example, inaction in the face of calls for violence that have been traditionally voiced from the Muslim side, have encouraged Christian-identified people to express equally violent calls starting from the last months of 2019.
Prejudice, bullying, harassment, intimidation and social stigma from which suffer all LGBTIQ+ people could be halted, and effectively addressed with a set of initiatives, programmes and projects. However, the looming homophobic interpretation of Article 534 that criminalizes homosexuals often obstructs these plans. The lack of protection leads to poverty and alienation. Social and economic pressure affects mental health, which yields illegal and risky behaviors, as well as an overuse of alcohol and drugs, therefore indulging in unsafe sex and practices, sex work, robbery, and various forms of dependency.
The abrogation of Article 534 and of articles that mention “incitement to debauchery” and “good morals” would revoke the first 23 points listed above, or drastically reduce them. The remaining 24th and 25th points would be massively diminished, when no interpretation of a text criminalises homosexuality, its practices, and perceptions.
This section informs us about the aggressions. It builds empathy, contributes to solidarity, and questions our apathy and inaction. These violations still occur because we do not honor our collective duty, because we are not leveraging our impact, therefore limiting it to private, personal responses, and to indifference. Article 534 and those of “incitement to debauchery” and “good morals” must be abrogated.
In the face of such imminent challenges, there is no more room for hesitation. Homosexuality must be decriminalized.
Why Do These Challenges Exist?
Because of Article 534 and other Criminal Code articles that associate LGBTIQ+ people and topics to “incitement to debauchery” and to “good morals”, which “legitimate” state-sponsored homophobia;
Because of the non-application of Lebanese legislation;
Because of religious pressure and misinterpretation of scriptures, combined with Lebanese officials turning a blind-eye to the religious leaders’ coercion;
Because of “higher-priority” issues that mobilize international partners and stakeholders;
Because of the insufficient visibility of LGBTIQ+ people, which would contribute to deconstructing myths, lies and prejudice (misinformation deters professionals – for example – from coming out to avoid social stigma and negative impacts);
Because of poor organizing, largely due to the non-possibility to register and to recognize LGBTIQ+ NGOs (which leads to unhealthy internal dynamics, and to liabilities that affect funding and sponsoring);
Because of LGBTIQ+ people and groups reproducing counter-productive behavior they grew used to in Lebanon (blocking each other, bad-mouthing, dependency on foreign support, lack of inclusivity, limited thinking for self-determination);
Because of the lack of strategy and unity that would support grassroots initiatives (need for a multi-sectoral framework which taps into a multitude of professions and affiliations);
Because of constantly being at the receiving end, and reacting to what’s happening, instead of being proactive and shaping the narrative (only short-term vision and plans).
On the Path of Decriminalization:
Why Is Lebanon Ready for the Decriminalization of Homosexuality?
Because of numerous legal rulings refusing to prosecute or to criminalize homosexuality and transgender people;
Because of courts reducing the sentence of Article 534 from prison time to paying fines;
Because of possible gender change on official records (even though a tedious process);
Because of political lobbying focusing on LGBTIQ+ thematics, especially decriminalization of LGBTIQ+ status;
Because of the growing number of politicians who publicly support the decriminalization of homosexuality;
Because of LGBTIQ+ friendly religious clerics;
Because of the Lebanese Psychological Association declaring homosexuality not a mental illness in 2013;
Because of the decision of the Lebanese Order of Physicians to halt anal/egg tests that the Police conducted on LGBTIQ+ detainees to “prove they engage in anal sex” [15]. However, the Minister of Justice issued a memo stating that should detainees refuse to undergo this test, their refusal is interpreted as implicit confirmation for engaging in anal sex [16]. As the ban of the Lebanese Order of Physicians was not made into a law, it remains non-biding. [17]
Because of the Ministry of Public Health sponsoring the medication of people living with HIV;
Because of the ongoing free, quick and anonymous medical screenings for HIV, Hepatitis B, C and Syphilis;
Because of suicide prevention projects focusing on LGBTIQ+ people;
Because of the LGBTIQ+ friendly physicians guide compiled by LebMASH NGO;
Because of universities implementing non-discrimination policies mentioning sexual orientation and gender diversity;
Because of the local media and celebrity support of LGBTIQ+ individuals and initiatives;
Because of the global, the regional and the local media impact of Beirut Pride;
Because of high-profile individuals coming out;
Because of the massive and public LGBTIQ+ participation in the October 2019 uprising, and the tremendous support from the protesters;
Because of the existence of a thriving LGBTIQ+ nightlife, featuring the first and the largest gay club in the region;
Because of the existence of several LGBTIQ+ NGOs, among which the first LGBTIQ+ NGO in the Arabic-speaking world;
Because of the existence of Beirut Pride, the first Pride in the Arabic-speaking world.
References
[1] https://goo.gl/LjNJ5a
[2] https://goo.gl/LjNJ5a
[3] https://www.state.gov/documents/organization/210160.pdf
[4] Art. 63, Lebanese Criminal Code
[5] https://goo.gl/UPiqpb
[6] General Security case
[7] https://goo.gl/FQYVNh
[8] http://www.yourmiddleeast.com/culture/banned-by-the-bureau-censorship-in-lebanon_43400
[9] https://freemuse.org/news/lebanon-two-films-pulled-from-festival-over-politics/
[10] http://www.ontopmag.com/article/16614/Gay_Themed_Film_Stranger_By_The_Lake_Banned_In_Lebanon
[11] https://www.canada.ca/en/global-affairs/news/2020/11/media-freedom-coalition-ministerial-communique.html
[12] http://www.lebanonfiles.com/news/889683
[13] https://goo.gl/dx7uP9
[14] http://www.middleeasteye.net/news/beirut-pride-launch-event-cancelled-after-threats-religious-group-1356820077
[15] https://www.hrw.org/news/2012/08/10/lebanon-stop-tests-shame
[16] http://www.alankabout.com/lebanon_news/8380.html
[17] https://goo.gl/y1aDyn