United Arab Emirates
The United Arab Emirates criminalises same-sex sexual activity between men and between women. The gender expression of trans people is also criminalised. Sentences include a maximum penalty of death.
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Human Dignity Trust
Same-sex sexual activity is prohibited under the Criminal Codes of the Emirates of Abu Dhabi, which criminalises ‘unnatural sex with another person’, and Dubai, which criminalises acts of ‘sodomy’. The Federal Penal Code criminalises ‘voluntary debasement’, but it is not clear what acts this covers. These provisions carry a maximum penalty of fourteen years’ imprisonment. Both men and women are criminalised under the law. Same-sex sexual activity may also be penalised under Sharia law, under which the death penalty is possible, though there is no evidence that this has been used against LGBT people.

In addition to potentially being captured by laws that criminalise same-sex activity, trans people may also face prosecution under the Federal Penal Code 1987, which criminalises a ‘male disguising as a female’ with a maximum penalty of one year imprisonment and a fine.

The provisions have their origins in Islamic law, with the Constitution designating Islam as the state religion, and Sharia as the principal source of law.

There is some evidence of the law being enforced in recent years, with LGBT people being occasionally subject to arrest, particularly transgender and gender non-conforming people who are regularly arrested on the basis of their dress and behaviour. There have been some reports of discrimination being committed against LGBT people in recent years, and the space for openness about sexual orientation and gender identity is extremely constricted.

2020

The US Department of State report notes that there were no reports of arrests or prosecutions for consensual same-sex conduct. There had been no such reports since the 2015 iteration of this report. Conversely, there were reports of people being arrested for wearing clothing deemed inappropriate for one’s sex, and foreign residents had previously been deported for this reason.

2017

In August, UAE police detained two Singaporeans in a shopping mall, a cisgender male photographer and a trans woman. A court convicted them of crimes and sentenced them to one year in prison “for attempting to resemble women.” The UAE deported them on August 28 after they spent nearly three weeks in custody, much of that time in a cell they said was designated for “effeminate” people.

In October, a British man was arrested for touching another man’s hip in a bar in an apparent effort to avoid spilling a drink. He was sentenced to three months’ imprisonment for ‘indecency’.

2014

A report by the Fahamu Refugee Programme indicates that the death penalty has never been applied for consensual same-sex sex.

It was reported in March that the sentence of two men for ‘sodomy’ charges had been upheld by the Federal Supreme Court. They were sentenced to six months’ imprisonment and deportation, after having been subjected to forensic tests which allegedly ‘proved’ the acts.

2013

The US Department of State report found that the law is actively enforced, with individuals being prosecuted during the year, including a Kenyan national who was entrapped through an online dating service. According to the report, a number of individuals were forced into “psychological treatment” and “counselling” against their will. These practices have long been recognised in the UAE. The government also allegedly took legal action against individuals accused of ‘cross-dressing’.

In 2013, one man was allegedly placed on trial for a “gay” handshake.

2012

In March, it was reported by a local LGBT group that 30 people had been arrested at a private party in Dubai for being gay. The Police Chief later denied that this was true.

2020

Bollywood’s first gay romantic comedy was reportedly been banned in UAE.

2018

In November, staff and students at the University of Birmingham warned that LGBT rights are not adequately protected at its new campus in Dubai. Although the university has committed to giving staff and students at the Dubai branch, which opened in September, the same rights under its internal polices as they would enjoy in the UK, its ability to provide protection to anyone reported to the Emirate’s authorities for breaking the law, whether on or off campus, will be limited, the LGBT committee warned in a briefing.

2012

In February, a video allegedly demonstrating how to “cure” gay people was removed from YouTube. The resulting press coverage was praised by LGBT groups within the country, with the chair of the Gay, Lesbian, Bisexual and Transgender Rights UAE (GLBTR UAE) group commenting: “The removal of that video is a milestone even though we are talking about something virtual on YouTube. The publication of an article in the local press and attention it got is unprecedented.” An article on the video’s removal was reportedly retweeted by influential figures within the UAE.