The situation for LGBTQI+ individuals in the MENA region is increasingly precarious. Many countries continue to uphold colonial-era laws that criminalize sexual orientation, gender identity, and expression. This was made evident in Ben Arous, Tunisia, in February 2024, when two individuals were sentenced to two years in prison after being targeted for their sexuality. The sentencing followed a deeply invasive and torturous practice: one of the charged individuals was, upon being manipulated into responding to numerous investigatory questions, subsequently arrested for sodomy after approaching the police station to file a separate complaint. They were additionally subjected to undergoing an anal examination.
The legal support of various Tunisian LGBTQI+ organizations helped reduce this sentence to one year on appeal by citing the infamous Article 230 of the Tunisian Penal Code, “Sodomy and lesbianism,” that criminalizes same sex consensual activity. This article was inherited from French colonialism and continues to occupy queer Tunisians.
This case exemplifies the harsh realities faced by LGBTQI+ individuals in Tunisia, a country that had previously committed to abandon such practices during the Universal Periodic Review in 2017 and 2022, a mechanism through which UN member states undergo peer reviews of their human rights records. However, the persistence of these actions highlights the ongoing criminalization of LGBTQI+ individuals in Tunisia and reflects a broader pattern across the MENA region of using legal frameworks to marginalize, scapegoat, and oppress queer communities.
The growing anti-gender movement, nurtured by populist political mainstream discourse, has fueled anti-queer rights campaigns that work to delegitimize any non-conforming gender identity in the MENA region
Some countries, like Iraq, are enacting new laws that further intensify repression against LGBTQI+ communities. This deliberate criminalization serves not only as a form of state control but also as a tool of social repression, creating an environment where LGBTQI+ people are systematically excluded, stigmatized, and exposed to violence. The laws give legal legitimacy to persecute queer individuals and violate their rights and freedoms. The growing anti-gender movement, nurtured by populist political mainstream discourse, has fueled anti-queer rights campaigns that work to delegitimize any non-conforming gender identity in the MENA region.
Addressing the criminalization of queer individuals is an urgent matter as its consequences extend far beyond legal implications. Criminalization not only adversely affects the health, safety, and well-being of queer people. LGBTQI+ individuals often find themselves caught in a painful conflict and faced with systemic discrimination, torn between the desire to assert their basic right to belong to their own country, culture, and religion. This struggle undermines their sense of belonging and integration.
Legal context around LGBTQI+ rights in the MENA region
In the MENA region, LGBTQI+ individuals face severe legal challenges, with criminalization being a prevalent issue everywhere. In Iran, Saudi Arabia, and Yemen, same-sex sexual acts are met with extreme penalties, including physical torture, flogging, and the death penalty. Other countries in the region such as Tunisia, Iraq, Lebanon, and Egypt impose prison sentences ranging from three months to 15 years, often accompanied by fines and sometimes physical abuse and arbitrary detention.
These laws often originate from colonial-era penal codes, such as in Tunisia and Algeria, as well as Sharia law in Mauritania and Saudi Arabia, for instance. They are often reinforced by conservative interpretations of religious doctrines and deeply ingrained social norms. In some countries, legal frameworks explicitly criminalize consensual same-sex sexual acts, while in others, the criminalization falls under ambiguous laws. These laws often use vague and discriminatory terms like “debauchery,” “immorality,” and “indecency,” leaving room for wide interpretation and potential abuse.
Forms of criminalization
Direct criminalization:
When discussing the criminalization of same-sex relations in MENA countries, it is important to recognize that homosexuality as a sexual orientation is not explicitly criminalized, nor is there any legal recognition of same-sex attraction or relationships. Recognizing these would necessitate decriminalization, harmonization, and alignment of laws with constitutional principles and international commitments. Instead, the focus of criminalization is on same-sex sexual acts. Countries such as Mauritania, Tunisia, Qatar, Yemen, and Sudan have legal codes that explicitly punish acts of sodomy, sometimes specifying acts between men or, in the case of Sudan, between any two individuals.
In Tunisia, for instance, the term al-musahaka refers to a specific sexual act between two females, without acknowledging the existence of a specific sexual orientation. This approach reflects a broader societal and legal denial of the existence of identities outside the heteronormative framework which assumes that emotional and sexual attractions and relationships should only occur between males and females. By focusing on criminalizing acts and not recognizing diverse identities, these laws carry within their harmful intention a discriminatory and dehumanizing aspect of queer identities. Legislators thus avoid acknowledging the diversity of sexual and gender identities, instead criminalizing behaviors and intentions that deviate from traditional norms. This selective targeting of LGBTQI+ individuals highlights a paradox where their existence is simultaneously denied and criminalized, illustrating a deep-rooted resistance to accepting sexual and gender diversity.
The term ‘sodomy,’ translated as al-liwat in Arabic, lacks a consistent legal definition across MENA legislation. For example, Article 148 of Sudan’s Penal Code broadly defines it as a sexual act that can occur between same-sex or different-sex individuals. According to Hammadi Henchiri, a Tunisian human rights lawyer, the interpretation of sodomy laws in Tunisia can be quite broad as well. Judges in Tunisia have considered various non-sexual acts as evidence of sodomy, such as wearing a piercing, displaying a non-conforming gender expression, possessing makeup, or hugging someone of the same sex. In a notable case in Tunisia in 2015, six individuals were sentenced to jail under the sodomy law for having items such as condoms or for possessing a laptop with a search history containing same-sex pornographic content. This highlights the deliberate efforts to pursue and prosecute LGBTQI+ individuals by often fabricating or misinterpreting evidence, shifting the presumption of innocence to a presumption of guilt until proven otherwise.
Indirect criminalization:
On the other hand, indirect criminalization occurs through the application of morality laws, public decency laws, and other broadly defined legal provisions that are used to target LGBTQI+ individuals. In countries like Lebanon, although same-sex relations are not explicitly criminalized, Article 534 prohibits “any sexual intercourse contrary to the order of nature,” and has been used to prosecute LGBTQI+ people. Morocco’s laws against public indecency, such as Article 489, are similarly employed to target queer individuals. Article 226 bis of the Tunisian Penal code is also used against gender non-conforming people.
In Egypt, laws against debauchery are frequently used to arrest individuals suspected of being gay, with authorities often conducting entrapment operations via dating apps and social media.
This subjectivity allows personal biases, cultural upbringing, religious beliefs, and societal norms to heavily influence legal decisions
The vagueness of morality and public decency laws in many MENA countries create significant challenges for the LGBTQI+ community. These laws do not provide clear definitions or criteria for what constitutes indecency or immorality, leaving their interpretation up to the discretion of law enforcement officers and judges. This subjectivity allows personal biases, cultural upbringing, religious beliefs, and societal norms to heavily influence legal decisions.
This arbitrary enforcement leads to severe consequences for LGBTQI+ individuals and gender non-conforming heterosexuals, including imprisonment, mistreatment, and even torture. It also perpetuates a climate of fear, where LGBTQI+ people are uncertain about what behaviors might result in legal repercussions, forcing them to conceal their identities to avoid persecution.
Moreover, the lack of transparency in the legal process, such as difficulties in accessing legal documents (such as IDs and passports) particularly for trans and gender non-conforming people, and the absence of specific legal provisions cited in cases, undermines the rule of law and prevents meaningful legal recourse. This situation highlights the systemic nature of discrimination against LGBTQI+ individuals in the MENA region, where legal systems are used as tools of oppression rather than protection.
Why should anti-LGBTQI+ laws be repealed?
Apart from the fact that no human being should be deemed illegal based on their identity, individual liberties and freedoms are inherent rights and must be respected as such. Sexual orientations and diverse gender expressions are natural and have existed throughout history, regardless of attempts to criminalize or suppress them. Criminalizing these aspects of identity does not better society; instead, it exacerbates discrimination and harm.
Criminalizing these aspects of identity does not better society; instead, it exacerbates discrimination and harm
From a legal standpoint, most anti-LGBTQI+ laws in the MENA region contradict constitutional rights, such as dignity, freedom, and the protection of private life. These laws also fail to align with international human rights commitments and treaties that many MENA countries have ratified. The persistence of these laws reflects a broader effort to control and punish rather than to rehabilitate or protect.
The act of deeming peoples’ actions illegal is a form of punishment. These laws are not intended to address or correct harmful behavior; rather, they are used to control individuals based on their identities and reinforce gender conforming standards, perpetuating an exclusionary and discriminatory social order. By criminalizing LGBTQI+ identities, these laws institutionalize stigma and discrimination. Those convicted or accused under these laws face lifelong consequences, living in fear.
Criminalization also contributes to the socio-economic vulnerability of individuals and the lack of legal protections. In many MENA countries, the criminalization of LGBTQI+ identities means that individuals have no recourse against discrimination, violence, or harassment, effectively leaving them without protection from the state and other aggressors.
Repealing these laws is about more than aligning with international human rights standards; it is also a necessary step toward a just and inclusive society. Such actions would help dismantle systems of control, moving beyond colonial and oppressive legacies while affirming the dignity and rights of all individuals, regardless of their sexual orientation or gender identity. This resonates with the aspirations that sparked the Arab Spring, where people across the MENA region called for freedom, dignity, democracy, and equality—values that should extend to all individuals, including LGBTQI+ communities.
Looking ahead
The criminalization of LGBTQI+ individuals in the MENA region remains an alarming human rights issue that demands urgent attention. The persistence of discriminatory laws and practices profoundly impacts the lives of queer individuals, affecting their social, economic, and psychological well-being.
Despite these challenges, hope for change persists, fueled by a strong spirit of resistance that has only grown since the Arab Spring. Generations born into the desire for liberty witnessed revolutions and the dismantling of dictatorships, and are unlikely to relinquish their rights easily. Continued local and international advocacy is crucial for pressuring governments to reform discriminatory laws and practices. Grassroots movements, supported by international organizations, are vital to creating a more inclusive and equitable environment for LGBTQI+ individuals in the MENA region.
Political leaders who champion human rights and freedoms must be given a chance to demonstrate such action and be held to their commitments. The fight against corruption and the decolonization of these nations requires dismantling entrenched control structures and repealing colonial-era laws and practices. This path is fraught with challenges and necessitates sustained efforts to overcome populism, deep-seated prejudices, and systemic discrimination.
Assala Mdawkhy is a Nonresident Fellow at TIMEP working on gender and sexuality in the MENA region.