alQaws
a local organisation working to build LGBT communities and promote understanding of gender and sexual diversity.
Types of criminalisation
- Criminalises LGBT people
- Criminalises sexual activity between males
Summary
Same-sex sexual activity is prohibited in Gaza under the British Mandate Criminal Code Ordinance 1936. The relevant provision carries a maximum penalty of ten years’ imprisonment. Only men are criminalised under this law.
The law was inherited from the British. It continues to be in operation in Gaza today, though it is not in force elsewhere in Palestine.
There is little evidence of the law being enforced, and it appears to be largely obsolete in practice. However, an incident in 2017 saw an author being threatened with prosecution for writing a novel which included LGBT themes. There do not appear to be any other reports of enforcement of the criminalising law or other laws. Nevertheless, the mere existence of this provision is itself a violation of human rights and underpins further acts of discrimination (see further).
Law and Legal Developments
Criminal Provisions
British Mandate Criminal Code Ordinance 1936, Section 152(2) Sexual Acts Between Men
Section 152(2) of the British Mandate Criminal Code Ordinance 1936, which is still in force in Gaza, criminalises ‘carnal knowledge against the order of nature’ with a penalty of up to ten years’ imprisonment.
Enforcement
2017
In February, the Palestinian Attorney General moved to prosecute writer Abbad Yahya, banning his novel, Crime in Ramallah, and accusing him of threatening morality and public decency. The novel explores themes of politics, religion and homosexuality through its protagonists.
References
1. British Mandate Criminal Code Ordinance 1936, Section 152(2) Sexual Acts Between Men
“(2) Any person who:—
(a) has carnal knowledge of any person against the order of nature; or
…
(c) permits a male person to have carnal knowledge of him or her against the order of nature,
is guilty of a felony, and is liable to imprisonment for ten years.” Full text.
Local Organisations
Aswat
a feminist queer movement for sexual and gender freedoms in Palestinian society.
Related Countries
Lebanon
Lebanon criminalises same-sex sexual activity between men. The gender expression of trans people is also criminalised. Sentences include a maximum penalty of one year imprisonment.
Syria
Syria criminalises same-sex sexual activity between men and between women. Sentences include a maximum penalty of three years’ imprisonment.
Egypt
Egypt criminalises same-sex sexual activity between men. Sentences include a maximum penalty of three years’ imprisonment and a fine.
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