Oman

Same-sex sexual activity is prohibited under the Penal Code 2018, which criminalises same-sex intercourse, ‘indecency’, and ‘displaying indecent or immoral images’. This provision carries a maximum penalty of three years’ imprisonment. Both men and women are criminalised under this law. In addition to potentially being captured by laws that criminalise same-sex activity, trans people may also face prosecution under a ‘crossdressing’ law with a maximum penalty of one year imprisonment and a fine.

The provisions have their origins in Islamic law, with the Constitution of Oman designating Islam as the state religion and Sharia law as the basis of legislation. Oman adopted a new Penal Code in 2018 which strengthened the laws against LGBT people.

There is no evidence of the laws against same-sex sexual activity being enforced since 2009, however the law against ‘crossdressing’ is enforced by the government, with the last known prosecutions occurring in 2018. There have been few reports of discrimination and violence being committed against LGBT people in Oman in recent years.

2018

A new Penal Code was published by a royal statute in the beginning of the year. The code contains harsher penalties for consensual same-sex intercourse, as well as criminalising public acts of ‘indecency’ and the publication or transmission of ‘words, images or programs contrary to the public order or morals’. It also criminalises non-normative gender expression for the first time under a ‘crossdressing’ provision.

2023

Article 263 prohibits Whoever engages in lustful acts with a person of the same sex shall be punished by imprisonment for a period no less than six months and not exceeding three years.

2018

Human Rights Watch reported that in January, four “men dressed in women’s clothing” were arrested after they posted a video of a private party on Snapchat. In February, they were convicted for ‘cross dressing’ under Article 266 and indecent acts under Article 265, along with offences under the Cyber Crime law. They were sentenced to three years’ imprisonment and a fine.

The same report notes that in March, police arrested an expat “dressed in women’s clothing” in a park which was holding a ‘women’s only day’. Further details of this case, including the defendant’s gender identity and any charges laid are unavailable.

2013

The US Department of State report noted that there were nine prosecutions for sodomy in 2009.

2023

The US Department of State report for Kuwait did not find any evidence of state-sponsored discrimination or violence against LGBT people, but acknowledged that there was little data available. It added that public discussion of sexual orientation and gender identity remained a social taboo, and there no known LGBT organisations. LGBT content was blocked by authorities.

The US Department of State reports that in January, the Grand Mufti, Ahmed al-Khalili, sent a message to his followers encouraging them to push back against “civilizations that spread homosexuality with all force, including on children.”

In August, the Consumer Protection Agency confiscated school supplies and toys with rainbow colours in the Ash Sharqiyah South Governorate, citing a threat to public morals.

2013 

The US Department of State reports that in 2013, a newspaper received public backlash for posting a controversial article sympathetic towards LGBT people in Oman. The newspaper later posted a front-page apology.

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