Sexual Minorities in Lebanese Society

According to a number of sources, there are many nightclubs that cater to homosexuals in Lebanon (Daily Star 1 Apr. 2004; L'Orient-Le Jour 15 Sept. 2004; Reuters 29 Nov. 2002), in addition to bars, beaches, saunas, and Internet sites (ibid.). L'Orient-Le Jour reports that [translation] "gay-friendly" cafes, restaurants, and shops are [translation] "too numerous to count" (15 Sept. 2004).

Lebanese Legislation

During her visit to Lebanon, the United Nations High Commissioner for Human Rights (UNHCHR) said the Lebanese Penal Code's proscription of homosexuality was "regrettable" (L'Orient-Le Jour 7 Mar. 2002). Both male and female homosexuality is illegal in Lebanon (HELEM n.d.d), although the law refers to "all physical contact and union against nature" according to article 534 of the Penal Code (ILGA 31 Jul. 2000; see also L'Orient-Le Jour 15 Sept. 2004; Middle East Report Spring 2004). Citing a human rights report by the Lebanese non-governmental organization (NGO) Nouveaux droits de l'homme (NDH), another NGO named HELEM (Himayat Loubnaniya lil Mouthliyin Wal Mouthliyat - Lebanese Protection for Lesbians, Gays, Bisexuals and Transgenders) (L'Orient-Le Jour 15 Sept. 2004) stated that homosexuals are not permitted to "create an association and are pursued by the vice squad" (HELEM n.d.d). According to the International Lesbian and Gay Association (ILGA), all homosexual unions are understood to be "against nature" (ILGA 31 July 2000). The penalty for homosexuality, or "sodomy," includes imprisonment for a maximum of one year (ILGA 31 July 2000; see also Gay Rights Info 6 Sept. 2004; L'Orient-Le Jour 15 Sept. 2004).

Despite the passing of a new penal code in 2003, a human rights advocate told L'Orient-Le Jour that the latter did not alleviate the difficulties faced by Lebanese homosexuals (29 Jan. 2003). While under the previous penal code someone would have to be caught in a homosexual act to be convicted, the new code allows law enforcement personnel to employ [translation] "a system of psychological, moral, and even physical repression" based on their suspicions of homosexual behaviour (L'Orient-Le Jour 15 Sept. 2004).

While the prohibition of homosexuality applies equally to both men and women, ILGA indicated in 2000 that the only cases that end up in Lebanese penal court involve male homosexuals, and, newspapers report, often end in conviction (ILGA 31 July 2000).

Treatment by the Police

A 15 September 2004 article in L'Orient-Le Jour claimed that the law against homosexual behaviour is rarely applied and that in general police turn a blind eye, especially since the adoption of the new penal code which has eliminated almost all prison punishments of less than one year. However, according to HELEM, while Lebanese law protects the inviolability of the home and demands a warrant for arrest, in practice these laws are not always respected, and private homes have been raided and homosexuals have been subjected to arbitrary arrests (n.d.c).

In addition, L'Orient-Le Jour reported that unexpected police raids of gay nightclubs do occur and can result in interrogations and imprisonment lasting up to several days (15 Sept. 2004). For example, in March 2003, police raided the Acid nightclub, a club known for its "gay-friendly" environment (HELEM n.d.c), and arrested 10 individuals (Daily Star 31 Mar. 2003).

HELEM corroborated the fact that state intelligence officials use "lengthy interrogations" against homosexual detainees (n.d.c). A vice squad commander admitted to keeping a database of the names of homosexual individuals to keep them under surveillance (HELEM n.d.c).

Several sources indicated that policemen often take bribes from some homosexual men caught in suspected gay meeting spots (L'Orient-Le Jour 15 Sept. 2004; HELEM 2004 n.d.c.). Political extortion is also a possibility, according to the Daily Star (12 Jun. 2004; see also HELEM n.d.c). Persons arrested often feel compelled to pay bribes to police officers who threaten to publicize their sexuality or notify their parents (L'Orient-Le Jour 15 Sept. 2004). L'Orient-Le Jour has reported that some men who are arrested in this category have complained of treatment amounting to "torture" (15 Sept. 2004), an allegation echoed by HELEM, which said that this included verbal and physical abuse, blackmail, threats forcing them to reveal the identity of other homosexuals, and sexual humiliation (n.d.c). HELEM further mentioned that while the Justice Minister admitted that "torture" was a problem in Lebanese prisons, by January 2004 concrete measures to curb it had yet to be taken (n.d.c). Allegations of torture could not be further corroborated by the sources consulted by the Research Directorate.

One story which appeared in a newspaper concerned a man who was robbed by a male prostitute (L'Orient-Le Jour 15 Sept. 2004). When he went to complain to the police, the officer ignored his complaint and arrested the man for illegal solicitation (ibid.). While the alleged robber was let go, the purported victim was reportedly held in police custody for 10 days (ibid.). Reuters cited a lawyer who indicated that the legally compromised position of homosexuals minimized the legal recourse available to them when they were themselves victims of abuse (29 Nov. 2002). HELEM corroborated the opinion that homosexuals cannot rely on police protection for fear of being abused by the police (n.d.c).

An article attributed to an-Nahar newspaper, translated by HELEM and posted on the Gay Middle East Website, stated that several male members of a "gang which caters for rich and famous clients inflicted with sexual perversion" were arrested while they "were practicing perversion together" (1 Sept. 2004).

A Mount Lebanon couple was allegedly arrested and tried after police obtained a video of their intimate liaisons (Daily Star 12 Oct. 2001). According to the article, the video had been acquired by a computer repairman who had happened upon a video file on their computer (ibid.).

HELEM indicated that state intelligence officials have been known to use informer networks to obtain information on homosexual suspects (n.d.c). None of the sources consulted by the Research Directorate could corroborate this claim.

Human Rights Watch (HRW) reported that in March 2002, a man who worked for an internet service provider that hosted a gay Website refused to cooperate with members of the vice squad who were searching for the names of those who operated the Website (see also HELEM n.d.c), and turned to a human rights NGO named MIRSAD (the Multi-Initiative on Rights, Search, Assist and Defend) for help once he began to feel harassed (HRW 2002). The man and the director of MIRSAD were subsequently convicted of "defaming the Vice Squad" and received fines of US$200 for having publicized the authorities handling of the case, but the director's conviction was later overturned (ibid.).

In August 2002, Mount Lebanon's Public Prosecution Office apparently ordered the arrest of two lesbians caught in the act of having sex while police officers were storming the home they were in, on allegations that the women had stolen money and jewellery from one of their mothers (Daily Star 23 Aug. 2002). The women were charged with "'unnatural sexual' practices" as well as theft (ibid.).

A Daily Star article noted that rather than protecting them from siblings who had made death threats against them, police mocked and physically abused the homosexuals who were reporting the death threats (n.d.). According to the article, even if not all police officers agreed with such treatment, they often feigned intolerance in order to "fit in" (Daily Star n.d.).

Treatment by the Government

In January 2002, Lebanon was one of eight countries to reject the recommendation that the International Gay and Lesbian Association (ILGA) have renewed consultative status with the Economic and Social Council of the United Nations (M2 24 Jan. 2002).

In 2000, the government banned a book discussing homosexuality in the Arab world (HELEM n.d.c). At Beirut International Airport, authorities also confiscated gay and lesbian publications (ibid.). According to HELEM, mail, including books, magazines and films, moving into or out of the country is searched for gay, lesbian, bisexual or transgender content (ibid.). This information could not be corroborated by the Research Directorate within time constraints.

Treatment by Religious Groups

Sources indicated that in 2003 Hezbollah is known to have arrested young men for homosexual acts, and turned them in to the police (Courrier International 24 June 2004). Lebanese NGO HELEM maintains that Hezbollah kidnapped five "suspected gay men" before turning them in to the police (n.d.b). HELEM also noted the 30 August 2003 statement by Shiite cleric Sayyed Mohammed Hussein Fadlallah who declared that the death penalty should be imposed to deter homosexuality (HELEM n.d.b). HELEM has also reported that the Christian television channel Télé Lumière linked homosexuals with devil worshippers (ibid.).

Treatment by Society

Reuters has noted that "Lebanon may pride itself on being the Arab world's most open society, but as far as its gays and lesbians are concerned the closet door is still firmly closed" (29 Nov. 2002). Sources indicated that homosexuals are by and large marginalized by Lebanese society (Daily Star 1 Apr. 2004; HELEM n.d.b), and are victims of discrimination because their behaviour is considered "perverted" by many (ibid.; Reuters 29 Nov. 2002). The Daily Star maintainted that they are also subject to incidents of extortion (12 Oct. 2001). Given such societal attitudes, many young homosexual Lebanese face significant pressure to enter into heterosexual marriages and raise a family (Reuters 29 Nov. 2002).

An undated report in the Daily Star highlighted the societal difficulties that gays and lesbians face in Lebanon including shunning by parents and siblings, severe beatings and death threats from brothers (n.d.; see also L'Orient-Le Jour 15 Sept. 2004; HELEM 2004b).

According to an article which appeared in L'Orient-Le Jour, Lebanese society has become more severe in its treatment of homosexuality in the past fifteen years (15 Sept. 2004). A Daily Star article also voiced the opinion of a woman who said that "things are getting worse" (12 Oct. 2001).

A 12 October 2001 article which appeared in Beirut's Daily Star tells of several young Lebanese gays and lesbians who felt forced to flee Lebanon for various reasons including societal and police treatment.

In 2001, the Daily Star also reported an episode involving Dunkin' Donuts in which "gay-looking" persons were denied access to the premises (12 Oct. 2001). By 2003, sources were still reporting on two downtown Beirut locations of the chain that were allegedly discriminating against members of Beirut's gay community in order to protect "family values" (Daily Star 25 Jul. 2003; HELEM n.d.b; Middle East Report Spring 2004). Meanwhile, a Middle East Report article held that notwithstanding the fact that "various locations have repeatedly been the theater for banning queer-identified customers, to this day Dunkin' Donuts remains a popular hangout for Lebanese homosexuals" (Spring 2004).

HELEM mentioned that two gay school teachers were fired in 2002 and 2003 after their sexual orientation was revealed (n.d.b).

According to Courrier International, newspapers and journalists have displayed different levels of tolerance towards homosexuals (24 June 2004).

Despite the illegal status of homosexuality in Lebanon, a popular weekly television program called al-Shater Yahki has reportedly "been focusing on sexuality since 1997 and includes gay voices"; however, gay participants speak from behind masks (Reproductive Health Matters 1 May 2004a).

HELEM reported that

[t]here were at least 2 reported murders of gay men in 2003, multiple accounts of physical and verbal violence, death threats and ostracism by family members, accounts of beating, stone-throwing, spitting and insults by neighborhood youth or intolerant passers-by, as well as in one case at least, the rape of a gay inmate (n.d.b).

During a 15 March 2003 anti-war demonstration in Beirut, a contingent of 10 gay people also waved rainbow flags (Gay.com 25 Mar. 2003; Middle East Report Spring 2004), marking the first time Lebanese gays participated in such a march and displayed their sexual orientation (Gay.com 25 Mar. 2003).

Non-Governmental Organization (NGO) Initiatives

During a 2003 NGO conference on sexual and bodily rights in the Middle East and North Africa, held in Malta, Lebanon was represented by speakers who spoke about the undertaking of efforts in their country to promote the right to sexual orientation, a step taken by only a few countries in the region so far (Reproductive Health Matters 1 May 2004b).

The LEGAL (Lebanese Equality for Gays and Lesbians) Institute is a Lebanese NGO devoted to the Gay, Lesbian, Bisexual, and Transgender (GLBT) community of Lebanon (LEGAL 2004). Currently, the organization, based outside of Lebanon for legal reasons, seeks to promote the "legal, social, and cultural equality of the Lebanese GLBT community" (ibid.).

The NGO HELEM was founded with the aim of protecting lesbians, gays, bisexuals, and transgender Lebanese (L'Orient-Le Jour 15 Sept. 2004; HELEM n.d.a) and has been registered in Quebec since early 2004 (ibid.). Still not officially authorized by the Lebanese government, HELEM battles against social prejudice and pressures that harm GLBT Lebanese by organizing events to raise awareness and sensitivity, and taking part in activities related to public health and HIV (human immunodeficiency virus) prevention for which it has cooperated with numerous national and international organizations (ibid.).

Hurriyyat Khassa (private liberties) is a Lebanese human rights organization (HELEM n.d.b), founded on 1 October 2002, which as its name implies advocates the right to privacy and freedom of conscience (Middle East Report Mar. 2004) and which includes among its causes the decriminalization of homosexuality (Daily Star 12 June 2004). An organization spokesman indicated that the government's attitude toward Hurriyyat Khassa is complacency - neither intimidation nor encouragement (ibid.).

HELEM also mentioned the Lebanese chapter of Amnesty International as a promoter of gay and lesbian rights, promoting "respect and tolerance" towards them during a youth camp in the summer of 2003 (n.d.b).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Courrier International [Paris]. 24 June 2004. No. 712. Sara Scalenghe. "Liban - Accepter cette partie de notre histoire." http://courrierinternational.com [Accessed 25 June 2004]

The Daily Star [Beirut]. 12 June 2004. May Farah. "Hurriyat Khassa Tries to Present Reality in Lebanon." http://www.dailystar.com.lb/article.asp?edition_id=1&categ_id=1&article_id=5212 [Accessed 6 Oct. 2004]

_____. 1 April 2004. Rabih Khoury. "Homosexuals in Lebanon Caught Between Laughter and Pity." Lebanon Wire. http://www.lebanonwire.com/0404/04040111DS.asp [Accessed 5 Oct. 2004]

_____. 25 July 2003. Hussain Abdul-Hussain. "Dunkin' Donuts Accused of Discriminating Against Gay Customers." Globalgayz.com. http://www.globalgayz.com/lebanon-news.html+homosexuals+lebanon&hl=en (Google Cache) [Accessed 6 Oct. 2004]

_____. 31 March 2003. Maha Al-Azar. "Lebanon - Police Storm Acid Nightclub." Amnesty International Lesbian, Gay, Bisexual &Transgender Network. http://action.web.ca/home/lgbt/databank.shtml?x=32578&AA_EX_Session=bdebf423f92cbee6d3f34a887443c321 [Accessed 6 Oct. 2004]

_____. 23 August 2002. "Two Lesbians Arrested for 'Unnatural' Sex." Lebanese Equality for Gays and Lesbians (LEGAL) Website. http://legal.20m.com/alert_aug02.htm [Accessed 6 Oct. 2004]

_____. 12 October 2001. Warren Singh-Bartlett. "Increasing Numbers of Lebanese Youth Fleeing Homophopic Persecution." Amnesty International Lesbian, Gay, Bisexual & Transgender Network. http://action.web.ca/home/lgbt/databank.shtml?x=13614 [Accessed 6 Oct. 2004]

_____. n.d. Marc Sirois. "Gays and Lesbians Face Uphill Battle for Acceptance - Coming Out of the Proverbial 'Closet' Can Be a Painful Experience - Literally." Gaymiddleeast.com. http://www.gaymiddleeast.com/country/article/lebanon/lebanon1.htm [Accessed 5 Oct. 2004]

Gay.com. 25 March 2003. "Pride and War Protests Mix in Mexico and Lebanon." http://uk.gay.com/headlines/4022 [Accessed 8 Oct. 2004]

GayMiddleEast.com. 1 September 2004. "Arrest of Suspects Accused of Perversion." http://www.gaymiddleeast.com/news/article12.htm [Accessed 5 Oct. 2004]

Gay Rights Info. 6 September 2004. "Homosexual Rights Around the World." http://www.actwin.com/eatonohio/gay/world.htm [Accessed 8 Oct. 2004]

Himayat Loubnaniya lil Mouthliyin Wal Mouthliyat (HELEM). n.d.a. "About Us." http://helem.net/AboutUS/index.html [Accessed 6 Oct. 2004]

_____. n.d.b. "Lebanese Society." http://www.helem.net/Legal/LebaneseSociety.html [Accessed 6 Oct. 2004]

_____. n.d.c. "Law Enforcement Agents' Practices." http://www.helem.net/Legal/lawEnforceAgntpractice.html [Accessed 6 Oct. 2004]

_____. n.d.d. "Other Human Rights Reports." http://www.helem.net/Legal/humanrightrpt.html [Accessed 6 Oct. 2004]

Human Rights Watch (HRW). 2002. Human Rights Watch World Report 2002. "Special Issues and Campaigns: Lesbian, Gay, Bisexual, and Transgender Rights." http://www.hrw.org/wr2k2/lgbt.html [Accessed 6 Oct. 2004]

The International Lesbian and Gay Association (ILGA). 31 July 2000. "Lebanon." http://www.ilga.info/Information/Legal_survey/middle%20east/lebanon.htm [Accessed 5 Oct. 2004]

Lebanese Equality for Gays and Lesbians (LEGAL). 2004. "About Us." http://legal.20m.com [Accessed 6 Oct. 2004]

M2 Communications. 24 January 2002. "UN: International Gay and Lesbian Association Denied Recommendation for Reinstatement of Consultative Status with Economic and Social Council." (Dialog)

Middle East Report. Spring 2004. No. 230. Sofian Merabet. "Disavowed Homosexualities in Beirut."

_____. March 2004. "'We Invited People to Think the Unthinkable' - An Interview with Nizar Saghieh About Gay/Human Rights in Lebanon." Globalgayz.com. http://www.globalgayz.com/lebanon-news.html+homosexuals+lebanon&hl=en (Google Cache) [Accessed 6 Oct. 2004]

L'Orient-Le Jour [Beirut]. 15 September 2004. Anne-Marie El-Hage. "L'homosexualité au Liban ou la peur au quotidien." http://www.lorient-lejour.com.lb [Accessed 17 Sept. 2004]

_____. 29 January 2003. Jeanine Jalkh. "Société - Hurriyat Khassa (Libertés privées) passe au crible les modifications proposées le nouveau code pénal, un texte rétrograde à plus d'un égard, dénoncent les militants des droits de l'homme." http://www.lorient-lejour.com.lb [Accessed 31 Jan. 2003]

_____. 7 March 2002. "Droits de l'homme - La haut-commissaire a poursuivi sa tournée des responsables : Robinson : Améliorer les conditions de détention." http://lorient-lejour.com.lb [Accessed 7 Mar. 2002]

Reproductive Health Matters. 1 May 2004a. Vol. 12. Anissa Helie. "Holy Hatred." (Dialog)

_____. 1 May 2004b. Vol. 12. Liz Ercevik Amado. "Sexual and Bodily Rights as Human Rights in the Middle East and North Africa." (Dialog)

Reuters. 29 November 2002. Lin Noueihed. "Lebanon's Gays Find Closet Door Firmly Closed." Globalgayz.com http://www.globalgayz.com/lebanon-news.html+homosexuals+lebanon&hl=en (Google Cache) [Accessed 6 Oct. 2004]

Additional Sources Consulted

Internet Sites, including: Arabic News, Amnesty International (AI), European Country of Origin Information Network (ECOI), Freedom House, Haaretz, United States Department of State, World News Connection (WNC).