LGBT rights in Bahrain

Article 324 of the penal code prohibits enticing another person to commit prostitution or "fojoor" (which seems to have vagueness in terms of its legal definition). This particular law has increasingly been used to crack down on men who wear women's clothing in public.[5]

Article 328 of the penal code prohibits running a place for prostitution or fojoor.[6]

Article 329 of the penal code prohibits people from public solicitation involving prostitution or fojoor.[6]

Article 330 of the penal code states that anyone who is charged with an act of prostitution or fojoor is to be taken to a hospital and tested for sexually transmitted diseases. If they have such diseases, the law stipulates that they be relocated to a medical facility for treatment.[6]

Article 350 of the penal code prohibits any sort of public indecency.[6]

Article 354 of the penal code prohibits cursing or using words or signs on a street or other public place for the purposes of indulging in immoral behavior.[6]

For Bahraini Muslims, marriage is defined and otherwise regulated by The National Personal Status Law (2017), which does not recognize same-sex marriages.[7]

The Al-Menbar Islamic Society is one of the more successful political factions within the Parliament. As a lawful Islamist political group it has pushed for more conservative social policies, including a crackdown on LGBT people.

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: "Any emotional problems should be dealt with by their parents – it 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 for the question that has been raised in the Press about the so-called problem of lesbianism, as a ministry we cannot talk about a widespread phenomenon and we can't call them lesbians. The problems that the students are facing are put into the category of educational problems, not immoral acts. If a student's appearance is contrary to custom and the schools values, then the only thing we can say is that those violating the school's rules should be disciplined."[8]

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 Interior Minister says that "suspected" (effeminate) homosexuals are banned from entering Bahrain by checks at the airport.[9]
• The Interior Minister says that many male homosexuals choose a profession in hairdressing salons and beauty and massage spas, which the Minister says are often inspected.[9]

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 [14 January 2009 – Bahraini Newspaper, *Alwaqht,*]

In February 2009, a thirty-nine-year-old man was sentenced to a month in jail for wearing women's clothing in public, namely an abaya and purse. [13 February 2009 – PinkNews]

In 2011, police raided a party that was described in the press as a same-sex wedding ceremony.[10]

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.[11]

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.

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."[12]

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 protester's demands.[12]

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.[13]

On 21 December 2005, the Bahrain-based newspaper, Gulf Daily News' British columnist Les Horton wrote a commentary.[14] This is probably the first time that a column expressing support for LGBT rights was published in a Bahrani newspaper, albeit an English language publication.

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.

In 2017, the United States Department of State reported the following, concerning the status of LGBT rights in Bahrain:

• Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
  "The law does not criminalize same-sex sexual activity between consenting persons who are at least age 21, but discrimination based on sexual orientation or gender identity occurred. On rare occasions, courts approved the issuance of new legal documents for those who have undergone gender reassignment surgeries. On November 23, the courts denied a citizen who underwent gender reassignment surgery the right to change his name and identity documents to match his sex; the case was still pending final appeal before the Court of Cassation as at year’s end."[19]