| Location Header: | Bahrain |
| Legal Status: | Decriminalized since 1976 |
| Gender Identity Expression: | Limited |
| Recognition Of Relationships: | No |
| Adoption: | No |
| Military: | No |
| Discrimination Protections: | No |
Lesbian, gay, bisexual and transgender (LGBT) people living in Bahrain face legal challenges and discrimination not experienced by non-LGBT residents.[1] While same-sex sexual activity was decriminalised in 1976, laws against indecency remain and are used to target gender and sexual minorities. Offences under these provisions allow for sentences of imprisonment, fines and deportation.[2]
Individuals are able to change their legal gender in a limited range of circumstances that are assessed as being in accordance with Islamic understandings of sex and gender as transmitted by Sunni . The state offers no protection from discrimination on the basis of sexual orientation, gender identity or expression, or sex characteristics. LGBT individuals face entrenched social stigma.
Same-sex activity was illegal in Bahrain while it was British Protectorate. A new Penal Code enacted in 1976 removed any laws prohibiting consensual acts between adults regardless of gender.
Homosexual acts were first criminalised in Bahrain as "sodomy" while it was a protectorate of the British. Similar laws were imposed throughout the British Empire in nearly all of its colonies; these were mostly modelled on the original 1860 Section 377, introduced in India by the Raj.[3] [4] [5]
A new Penal Code was enacted in March 1976, repealing the Penal Code of the Persian Gulf that was imposed by the British.[1] The new penal code does not prohibit private, non-commercial acts of homosexuality between consenting adults; for the purposes of this law, "adults" are at least 21 years old.
Although no law explicitly criminalizes same-sex relations, authorities have used vague penal code provisions against "indecency" and "immorality" to target sexual and gender minorities. There is no law that prohibits discrimination on the grounds of gender identity or sexual orientation.[6] There are several other parts of the penal code that can be used against LGBT people.
Attempts have been made to restrict the rights of LGBT individuals, however none have gone through. In October 2021, members of parliament proposed a bill to amend the penal code; this would include renaming one of its chapters "Debauchery, Prostitution, and Perversion",[7] and the addition of two articles criminalizing "[raising] a flag, slogan, or any sign symbolizing homosexuals", "[promoting] the ideas and beliefs of homosexuals" and "[inviting, organizing or attending] any gathering or meeting of homosexuals", punishable by up to 5 years' imprisonment and a fine of 3,000-5,000 dinars.[7] The term used in the bill to refer to homosexuals is the derogatory .
Penalties for convictions under the morality or indecency provisions are prison sentences ranging from 3 months to 2 years, fines of up to, deportation for non-Bahrainis, or a combination.
Articles 324, 329 and 350 can be used against homosexuals, as any citizen acting in a way deemed contrary to Islamic morality may be arrested. For example: a local same-sex couple showing affection in public; someone owning a rainbow flag; or even declaring one's own homosexuality, could all be considered public immorality and promoting "".
The 2023 Country Human Rights report from the US Department of State said:
In 2017, the United States Department of State described processes for gender change recognition in Bahrain this way: The State Department's 2023 report said:Two such "rare cases" in the 2000s were those of individuals designated female at birth who identified as male. One,having undergone a genital reconstruction surgery, was reported by the Gulf Daily News in 2006 as going to court in a bid to have his status as a man recognised in law. The legal case progressed through the Bahraini legal system until 2008, when the court granted the motion to allow the transgender man to change his legal documents and be recognised as male. The man's lawyer had earlier won a landmark 2005 case where a transgender Bahraini had undergone sex-confirming surgery and was legally recognised as a man. In both cases, the individuals concerned, although raised as females, were intersex or had some degree of genital or reproductive organ ambiguity.[9] [10]
In 2023, Bahraini courts gave a ruling, in rejecting a transgender man's application, that access to sex reassignment medical procedures was against Islamic law in cases considered to be solely related to gender dysphoria; only individuals with some degree of intersex biological traits should be eligible for gender-confirming procedures, and thereafter legal recognition of gender change.
The Al-Menbar Islamic Society is one of the more successful political factions within the Parliament, it has pushed for more conservative social policies, including a crackdown on LGBT people.[11] [12]
In response to questions from parliament about lesbianism in schools, the Assistant Under-Secretary for Educational Services Khalid Al Alawi has said that the Education Ministry is not responsible for addressing issues of sexuality, and instead it is the responsibility of parents to take care of their children's emotional development: "It is not the schools' responsibility... Any emotional problems should be dealt with by their parentsit is not up to the school to take actions on this problem. The public shouldn't make a big deal out of this problem because it does not exist." Speaking about the government's attitude, Mr Al Alawi said that "...as a ministry we cannot talk about a widespread phenomenon and we can't call them lesbians.... the students are facing... [the] category of educational problems, not immoral acts. If a student's appearance is contrary to custom and the school's values, then ... those violating the school's rules should be disciplined."[13]
In 2008, a harsher crackdown on same-sex sexual acts was called for by members of the Al Menbar parliamentary bloc. The government is being asked to conduct an official study into the problem of same-sex sexual acts and how to best combat them. The initial response from the government was as follows;
The government crackdown against cross-dressing appears to have begun a year later. In 2009, two Asian foreigners were sentenced to six months in jail, with hard labor, and later deportation for offering to have sex with undercover police offices in exchange for money at a Male Barbershop.[15]
In February 2009, a 39-year-old man was sentenced to a month in jail for wearing women's clothing in public, namely an abaya and purse.[16]
In 2011, police raided a party that was described in the press as a same-sex wedding ceremony.[17] [18]
Other pending bills would expressly ban LGBT foreigners from entering the kingdom or receiving residency permits as well as plans to instruct children's teachers in apparent warning signs of homosexuality or cross-dressing, so that the children can be punished.[19]
In September 2013, it was announced that all Gulf Cooperative Countries had agreed to discuss a proposal to establish some form of, yet unknown, testing in order to ban gay foreigners from entering any of the countries.[20] [21] However, it has been suggested that concern for hosting 2022 FIFA World Cup in Qatar, and fears for controversy in a case that football fans would have been screened, made officials backtrack the plans and insist that it was a mere proposal.[22]
In 2018, during its participation in the meeting of the Democracy and Human Rights Committee, the Parliamentary Division of the Kingdom of Bahrain objected to the re-raising of the issue "regarding the role of parliaments in ending discrimination based on sexual orientation, and respecting the rights of gays, bisexuals, transgender people, and intersex persons". The deputy d. Jamila al-Sammak, a member of the Parliamentary Division, said that "this proposal contradicts the natural composition of life, which consists of a man and a woman, just as all monotheistic religions, foremost among which the Islamic religion, have prohibited homosexuality and considered it a departure from the natural scope and the proper formation of life. Therefore, the Division believes that it is necessary to respect the privacy of societies in that matter."[23]
In June 2021, the US Embassy and members of the US Navy base in Bahrain, celebrated Pride Month by raising the rainbow flag and posting about it on social media,[24] [25] prompting the state's Bahrain News Agency (BNA) and all local newspapers to publish several articles in Arabic condemning homosexuality, homosexuals, and even the US embassy.[26]
The President of the Bahraini Educators Union, Safia Shamsan, described the statement of the Supreme Council for Islamic Affairs and its support for the statement of Al-Azhar Al-Sharif as "a right stance that we all support". And she explained that "what is constant in the laws of the earth is the common sense that Allah instilled in us and that is reinforced and protected by the heavenly religions". Shamsan claimed that it is "important to stand against the issue of [homosexuality] and preventing its promotion through a systematic and fraudulent media".[27]
In the same year, Ma'an (Arabic: معاً), a Bahraini human rights organization, issued an article on BNA in Arabic titled "We support the statement of the Islamic Supreme Council and call for respect for Islamic and societal values", calling for "protection of society from all manifestations of (homosexuality) and attacks on Islamic and societal principles and values."[28] BNA and the local Bahraini newspapers accused Qatar of "promoting homosexuality" in the then upcoming FIFA World Cup.[29] [30]
On December 6, 2021, the Shura Council of Bahrain publicly reinforced the country's conservative stance on sexual orientation and gender identity by declaring that homosexuality is contrary to human values and religious principles. This statement aligns with Bahrain's legal framework, which emphasizes personal freedoms while prohibiting behaviors considered immoral, as outlined in the Constitution and the National Action Charter. As a result, LGBT individuals in Bahrain face significant legal and social challenges due to these entrenched attitudes and regulations.
On December 6, 2021, the Shura Council of Bahrain publicly reinforced the country's conservative stance on sexual orientation and gender identity by declaring that homosexuality is contrary to human values and religious principles. This statement aligns with Bahrain's legal framework, which emphasizes personal freedoms while prohibiting behaviors considered immoral, as outlined in the Constitution and the National Action Charter. As a result, LGBT individuals in Bahrain face significant legal and social challenges due to these entrenched attitudes and regulations.[31]
In June 2022, coinciding with pride month again, the US Embassy raised a rainbow flag and celebrated pride on their social media accounts, which instigated BNA and all local government allied newspapers (including Al-Ayam; a self-identified liberal newspaper) to publish several articles (in Arabic) condemning, attacking homosexuals (and calling them 'paraphilic' or 'perverted'), and attacking the US Embassy itself, and claiming that "all religions" are against homosexuality, in addition to pseudoscientific Anti-Gay propaganda by saying no one is born gay and portraying monkeypox as a "Gay Plague".[32] [33]
Some of the more lawful liberal and leftist political groups within Bahrain have expressed opposition to introducing Sharia law into the Bahraini penal code, but none of them have expressed support for LGBT rights.
On February 14, 2024, the Ministry of Education in Bahrain decided to refer the administration of a private school and its entire board of directors to investigation. The directive also included the dismissal of the private school's general manager. This decision came in light of a controversial video in which several students performed a scene that included suggestive gestures.[34] [35] The scene depicted students enjoying themselves, with two male students pretending to propose to each other in class while other students cheered and had fun. The girl who recorded the video belongs to the Achomi ethnic minority, originally from Kuhij, Iran. Her family is well-known and respected in Bahrain. The social reaction from the community was overwhelmingly negative and deemed disproportionate.[34] [35] The incident sparked a significant debate on social media and other platforms, raising questions about cultural norms, societal reactions, and the treatment of minority groups in Bahrain.[34] [35]
For Bahraini Muslims, marriage is defined and otherwise regulated by The National Personal Status Law (2017), which does not recognize same-sex marriages.[36]
Sometimes false accusations of homosexuality, or anti-gay innuendos, are levied against critics of the Bahraini government in an effort to discredit political or sectarian dissent. In a society where being gay is widely perceived as a vice or bad habit, accusing people of being gay, even in jest, can be an effective means of bullying reformers.
Human rights advocate Nabeel Rajab has been subjected to such accusations by people on social media. Similar insults have been launched at Sheikh Ali Salman, with some Twitter users referring to his Shia political party as "Al Wefag".[37]
Similarly, false accusations were circulated about the 2011 pro-democracy protesters gathered in Pearl Square. Participants of the protests were accused of engaging in all sorts of sexual immorality in an effort to discredit the protesters' demands.[37]
Arabic publications in Bahrain and the majority of Arabic-speaking Islamic countries, including laws, commonly refer to homosexuality and homosexuals as:
These terms denote "sexual paraphilia, perversion or deviation" such as pedophilia;[38] when used to refer to "homosexuals" they have derogatory and dehumanizing connotations.[40] [39] Other derogatory terms include:
In contrast, non-derogatory terms are available, like:
According to the World Values Survey in 2011, 42% of Bahraini people believed that "homosexuality is never justified", which was lower than the world average of 48% who agreed with that statement. It was also more accepting than any other Arab countries surveyed. The same survey found that 18% of Bahraini people "would not like to have homosexuals as neighbors" which was among the lowest percentage in the world.[41]
The press in Bahrain has, since the 1990s, generally been allowed to discuss the subject of homosexuality, without being punished by the government. Initially, the discussion was focused on people and events happening outside of Bahrain, especially in the field of entertainment or the AIDS-HIV pandemic. In the early part of the twenty-first century, the Bahraini press has begun to address sexual orientation, gender identity, and the AIDS-HIV pandemic as they apply to the island.
In 2001, the Arabic language newspaper Al-Meethaq created a national controversy when it became the first newspaper to discuss homosexuality in Bahrain.[42]
On 21 December 2005, the Bahrain-based newspaper Gulf Daily News British columnist Les Horton wrote a commentary.[43] This is probably the first time that a column expressing support for LGBT rights was published in a Bahraini newspaper, albeit an English language publication.
Bahraini citizens who criticize or denigrate Islamic scripture, including advocating for a more permissive interpretation, can be imprisoned for up to a whole year. An unidentified female Bahraini citizen who mocked Islamic scripture on Twitter, was reported by people and this got her subsequently arrested.[44] The Gulf Daily News has continued to write articles that touch upon homosexuality and gender identity. For example, it has published several articles on Bahraini female homosexuality in girls' high schools and Bahraini women who claim to have become lesbians based on abusive relationships with men.
Human Rights Watch, the international non-governmental organisation, has identified legal and social barriers to the formation of community groups or associations for support or promotion of LGBT rights in Bahrain.[45] The government body that controls the registration of associations and private foundations may deny registration to any organisation if it judges that its aims are contrary to morality or the maintenance of public order, or if "society does not need its services".[46] The US Department of State reports there are no approved LGBT-related organisations and deems it unlikely they could form, or "openly convene events publicly supportive of the LGBTQI+ community" in the face of currently prevailing societal norms. ILGA concludes that given the social and legal context, it is "improbable that an organisation working on sexual and gender diversity issues would be registered".[47]
In 2017, the United States Department of State reported the following, concerning the status of LGBT rights in Bahrain:[48]