Palestine: Treatment of sexual minorities by society and authorities, including legislation, state protection, and support services (2016-October 2018)
1. Legislation
According to sources, neither the Palestinian Authority (PA) [which is run by the Palestinian Liberation Organization (PLO) governing in the West Bank (Vox 14 May 2018; Political Handbook of the World 2017, 1720)] nor Hamas [which governs in Gaza (Toameh 12 June 2018; The Times of Israel 22 Nov. 2016)] recognize LGBT rights (Washington Blade 9 July 2015; The Times of Israel 22 Nov. 2016).
In correspondence with the Research Directorate, the Online Content Editor of the Washington DC-based Institute for Palestine Studies (IPS) [1], who has published on issues related to sexual minorities in the Palestinian Territories, explained, while speaking on his own behalf, that Gaza and the West Bank follow two different sets of laws (Online Content Editor 12 Nov. 2018). The same source explained that
[i]n the Gaza Strip, British Mandate laws remain in force; in the West Bank, Jordanian penal codes remain in effect. While each set of these laws deals with the question of sexual minorities differently, the end result is a matter of interpretation, often leading to condemnation driven by largely negative attitudes toward sexual minorities. (Online Content Editor 12 Nov. 2018)
Similarly, the Israeli newspaper Haaretz reports that the treatment that sexual minorities experience from their family and authorities is "more significant" than the legislation (Haaretz 21 Feb. 2018).
1.1 Gaza Strip
Sources indicate that British Mandate legislation is in force in Gaza (ILGA May 2017, 124; Haaretz 21 Feb. 2018; Online Content Editor 12 Nov. 2018), prohibiting homosexual acts (Haaretz 21 Feb. 2018). Section 152(2) of the British Mandate Ordinance to Provide a General Penal Code for Palestine of 1936 states the following:
Any person who:— (a) has carnal knowledge of any person against the order of nature; or (b) has carnal knowledge of an animal; 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. (British Mandate 1936)
According to an article written by Khaled Abuh Toameh, a journalist based in Jerusalem and a Distinguished Senior Fellow at the Gatestone Institute [2], homosexuality is illegal under Hamas rule in Gaza (Toameh 12 June 2018). In correspondence with the Research Directorate, a representative of the Hebrew Immigrant Aid Society (HIAS) Israel [3] stated, without providing details, that "evidence" has demonstrated that homosexual relationships are "treated with [the] death penalty" (HIAS 22 Nov. 2018).
Further and corroborating information on prosecution or sentencing of individuals suspected of homosexuality or same-sex activities in Gaza could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
1.2 West Bank
The Online Content Editor explained that
[a]ccording to a consensus based on a number of opinions expressed by several human rights organizations and legal experts, the Jordanian Penal Code [that is in force in the West Bank] is silent on sexual minorities, expressing neither condemnation nor protection for sexual minorities. Nonetheless, public indecency laws are often used to persecute individuals that do not conform to established gender binary, social norms, and attitudes. (Online Content Editor 12 Nov. 2018)
Other sources similarly indicate that homosexuality is not prohibited by law in the West Bank (Haaretz 21 Feb. 2018; ILGA May 2017, 124), including East Jerusalem (ILGA May 2017, 124). However, in correspondence with the Research Directorate, a PhD candidate at Georgetown University researching "marginalized" groups in the Middle East and North Africa stated that "laws that are supposed to sanction and prevent acts that go 'against public decency' are used to preserve social norms on issues relating to sexuality" (PhD Candidate 13 Nov. 2018).
The US Department of State's Country Reports on Human Rights Practices for 2017 states that, reportedly, the PA did not prosecute individuals suspected of same-sex activities in 2017 (US 20 Apr. 2018, 109). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
According to Toameh, there is no legislation that protects the rights of gay Palestinians in the West Bank (Toameh 12 June 2018).
2. Treatment of Sexual Minorities by Society and Authorities
2.1 Societal Attitudes
According to sources, homosexuality is condemned in Palestinian society (Haaretz 21 Feb. 2018; Toameh 12 June 2018). Sources state that homosexuality is a taboo in the Palestinian Territories (Vice 19 Feb. 2013; Haaretz 21 Feb. 2018). According to sources, sexual minorities face stigma in Palestinian society (Toameh 12 June 2018; PhD Candidate 13 Nov. 2018; Haaretz 21 Feb. 2018). Toameh indicates that Palestinian society does not recognize and respect the rights of sexual minorities (Toameh 12 June 2018).
The PhD candidate highlighted that "[t]here are few systematic polls evaluating society's attitudes toward sexual minorities in Palestine in particular" (PhD Candidate 13 Nov. 2018). The Online Content Editor further noted that
[w]hile in recent years a number of organizations, reports, and research publications have engaged with issues surrounding LGBTQ communities in the Palestinian Territories to advocate for their protection and civil rights, comprehensive and accurate assessments remain absent. (Online Content Editor 12 Nov. 2018)
According to a 2013 Pew Research Center survey, 93 percent of those surveyed in the Palestinian Territories indicated that homosexuality should be rejected (Pew Research Center 4 June 2013).
According to Haaretz, homosexuals cannot live openly in Gaza or the West Bank (Haaretz 21 Feb. 2018). The PhD candidate stated that interviews he conducted with LGBT Palestinians, primarily in the West Bank,
show [that] many LGBT Palestinians fear "coming out" or being "outed" to their families or communities. The primary concerns range from being ostracized from the family and society to experiencing violence and hate crime. From a societal point of view, homosexuality and presenting oneself in a way that does not conform with socially established gender expectations fall under the category of acts that bring disgrace to the family and tarnish "family honour." (PhD Candidate 13 Nov. 2018)
The PhD candidate stated that sexual minorities in the Palestinian Territories are "highly vulnerable" and that they face discrimination and violence (PhD Candidate 13 Nov. 2018). According to the same source, the majority of honour crimes, which are "most often carried out by a family member," "have targeted women for 'transgressing' social norms" (PhD Candidate 13 Nov. 2018). The same source stated that "[t]ransgressing social norms regarding gender identity is not accepted and equally stigmatized. These individuals are highly prone to bullying, verbal and even physical harassment" (PhD Candidate 13 Nov. 2018). The HIAS representative said that the lack of acceptance of LGBT persons translates into "violence, abuse, threats, and murder" (HIAS 22 Nov. 2018). She explained that "[e]ven if the parents, or other first-degree family relationships, did accept their gay [or] trans child, there [is] still a threat from uncles, cousins, or other members of the community" (HIAS 22 Nov. 2018).
According to Haaretz, Hamas "is always on the lookout for gays and it monitors the social media" (Haaretz 21 Feb. 2018). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
According to the Online Content Editor,
it is difficult to make an informed assessment, or carryout accurate studies regarding questions that pertain to housing, healthcare, employment, and social services. In a very limited number of known cases reported in the media and relevant research, LGBTQ individuals were ostracized, threatened, and/or forced to flee by their families and/or communities. (Online Content Editor 12 Nov. 2018)
2.2 Incidents
Toameh indicates that over the past decades, several gay Palestinians have been killed in the West Bank and Gaza (Toameh 12 June 2018).
According to sources, the following incidents involving sexual minorities in the Palestinian Territories have occurred:
- In 2016, Hamas killed a top Hamas commander for being homosexual (Toameh 12 June 2018) or being accused (among others) of being homosexual (Haaretz 21 Feb. 2018; The New York Times 1 Mar. 2016);
- In 2017, "[s]ome Palestinians claimed PA security officers and neighbors harassed, abused, and sometimes arrested LGBTI individuals because of their sexual orientation or gender identity. NGOs reported Hamas also harassed and detained persons due to their sexual orientation or gender identity" (US 20 Apr. 2018, 109).
- In 2018, the Hamas Interior Ministry interrogated and later released a producer of a television comedy about gay people in Gaza after it drew "strong condemnations" from Palestinians (Toameh 12 June 2018).
The PhD candidate noted that there is an absence of civil society LGBTI advocacy groups that systematically document crimes committed against sexual minorities, including data on honour killings or violence targeting sexual minorities in particular (PhD Candidate 13 Nov. 2018).
2.3 Blackmailing by Authorities
According to the PhD candidate,
it has been documented that gay Palestinians have been the target of blackmailing by Israeli intelligence agencies since the start of the first uprising in 1987. These agencies have reportedly capitalized on social stigmas to coerce gay Palestinians to cooperate with them in exchange for not outing them to their communities. … This practice became known widely among Palestinians as Isqat [blackmailing or making one fall]. Though this phenomenon was not well-documented until recently, these stories penetrated Palestinian local narratives and helped fuel an equivalence between homosexuals and traitors, even though the policy targeted other vulnerable Palestinians such as those who need permits to enter Israel for medical purposes, and women or men who have had sexual affairs outside of marriage. This obviously deepened the stigma associated with sexual minorities locally and their construction as an "out-group". (PhD Candidate 13 Nov. 2018)
Similarly, other sources cite a member of the Israeli army's intelligence unit as saying that homosexual Palestinians have been targeted for intelligence by the same unit, saying that "Israel [would] make [their] li[ves] miserable" (James 23 Sept. 2014; The Guardian 12 Sept. 2014).
Vice, an online news source, reports that the PA has blackmailed homosexuals into working as spies and informants so as to not reveal their sexual orientation to family members (Vice 19 Feb. 2013). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
3. Response from Authorities and State Protection
According to sources, in the Palestinian Territories, there are no legal protections (PhD Candidate 13 Nov. 2018; Online Content Editor 12 Nov. 2018) or institutional protections for sexual minorities (PhD Candidate 13 Nov. 2018). The PhD candidate explained that
[t]he fragmentation of the West Bank and Gaza and the fragmentation of the West Bank itself into different areas A, B, and C—each governed under different authorities—is a serious challenge to the rule of law and to establishing effective state authority capable of protecting citizens from threats and acts of physical violence …. For instance, in Area C—constituting 62 percent of the West Bank—Palestinian law enforcement have a very limited ability to operate, which exacerbates the risks of experiencing violence and hate crime by LGBT Palestinians residing in those areas. (PhD Candidate 13 Nov. 2018)
The PhD candidate added that
[b]ecause of … stigma, precarious notions of family honour, and the absence of legal frameworks protecting sexual minorities, LGBT Palestinians often fear reporting any threat of violence or incidents of hate crime or violence against them to the authorities. … Additionally, the deteriorating status of the rule of law is an added obstacle that stops LGBT victims from reporting to the authorities in fear of persecution by the security apparatus itself. (PhD Candidate 13 Nov. 2018)
Similarly, according to the Online Content Editor,
the stigma and severe risks faced by sexual minorities in the Palestinian Territories make it difficult to assess the role of local authorities. There is no known number of filed complaints. Nonetheless, it is possible to deduce that the local authorities would not be helpful to sexual minorities based on their behaviour toward other minority groups, for example, political minorities. A number of recent reports have shed light on how Hamas in the Gaza Strip and the PA in the West Bank quash dissent of any kind, including behaviours that are considered threatening to public morality and decency or that could be misconstrued to destabilize and challenge the ruling authorities. These could range from radical haircuts to men appearing feminine or wearing makeup. (Online Content Editor 12 Nov. 2018).
The same source further stated that "[t]here are no known cases of the judicial system initiating investigations of crimes committed against sexual minorities" (Online Content Editor 12 Nov. 2018). According to the PhD candidate, crimes against sexual minorities are "rarely reported, and if they are, the motive behind them would not be publicized" (PhD Candidate 13 Nov. 2018).
Further information on state protection available to sexual minorities could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
4. Support Services
In terms of access to social services, the PhD candidate stated that
LGBTQ Palestinians have limited access to affirmative health care, lack access to sexual health and awareness programs and services or health services particular to the needs of trans individuals. Additionally, stigma associated with HIV makes it difficult for those with HIV to seek safe treatment options. (PhD Candidate 13 Nov. 2018)
Sources indicate that Al-Qaws, an Israel-based NGO, aims to support sexual minorities across the Palestinian Territories (PhD Candidate 13 Nov. 2018; Online Content Editor 12 Nov. 2018; The Guardian 21 June 2016). The Online Content Editor, however, highlighted that Al-Qaws is not permitted to work in the Palestinian Territories (Online Content Editor 12 Nov. 2018). The same source added that through its offices in Israel, Al-Qaws carries out online campaigns, hosts a hotline, and provides social functions (Online Content Editor 12 Nov. 2018). The PhD candidate stated that Al-Qaws seeks to "create private meetings for LGBT Palestinians in the West Bank, though these remain very limited in scope and most LGBT Palestinians fear attending them given the risks of being outed" (PhD Candidate 13 Nov. 2018).
Sources indicate that Aswat is another Palestinian group that is based in Israel and advocates for the rights of Palestinian sexual minorities (PhD Candidate 13 Nov. 2018; The Guardian 21 June 2016). Other sources similarly indicate that Aswat works on sexual and gender diversity issues within the Palestinian Territories (Global Fund for Women n.d.a; Astraea Lesbian Foundation for Justice n.d.), focusing on "queer Palestinian and Arab women" (Astraea Lesbian Foundation for Justice n.d.). The Global Fund for Women, a US-based organization that funds and partners with women-led groups and that advocates for gender equality (Global Fund for Women n.d.b), explains that as a result of "restrictions by the Israeli government," Palestinian organizations like Aswat are not able to access funding and support like other similar Israeli organizations and as such, young Palestinian sexual minorities have limited access to sexuality and rights resources (Global Fund for Women n.d.a).
According to the Online Content Editor, "[t]here are no formal shelters for sexual minorities in the Palestinian Territories" (Online Content Editor 12 Nov. 2018). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
5. Relocation Options in the Palestinian Territories
The PhD candidate said that
the reality of occupation imposes severe restrictions on the mobility of LGBT Palestinians. Palestinians in Gaza, and many in the West Bank, are denied the right to leave the West Bank and Gaza through Jordan and Egypt. (PhD Candidate 13 Nov. 2018)
Further information on relocation options for sexual minorities within the Palestinian Territories could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
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 sources consulted in researching this Information Request.
Notes
[1] The Institute for Palestine Studies (IPS) is "devoted exclusively to documentation, research, analysis, and publication on Palestinian affairs and the Arab-Israeli conflict. It was established in Beirut in 1963 and incorporated there as a private, independent, non-profit Arab institute unaffiliated with any political organization or government" (IPS n.d.). "IPS supports an office in Ramallah (Institute for Jerusalem Studies) and the Institute for Palestine Studies USA in Washington, DC, a 501(c)3 nonprofit educational foundation" (IPS n.d.).
[2] The Gatestone Institute is a US "non-partisan, not-for-profit international policy council and think tank" (Gatestone Institute n.d.).
[3] The Hebrew Immigrant Aid Society (HIAS) is a Jewish refugee protection organization that aims to "resettle the most vulnerable refugees of all faiths and ethnicities from all over the world" (HIAS n.d.a). HIAS Israel works to assist asylum seekers in Israel with legal proceedings, including detention, asylum and domestic violence cases and "prioritizes individuals that are vulnerable such as victims of torture and trafficking, single parents, unaccompanied minors and LGBTI asylum seekers" (HIAS n.d.b).
References
Astraea Lesbian Foundation for Justice. N.d. "Aswat – Palestinian Feminist Queer Movement for Sexual and Gender Freedoms." [Accessed 29 Oct. 2018]
British Mandate. 1936. Ordinance to Provide a General Penal Code for Palestine. The Palestine Gazette, No. 633. [Accessed 15 Nov. 2018]
Gatestone Institute. N.d. "About Gatestone Institute." [Accessed 15 Nov. 2018]
Global Fund for Women. N.d.a. "Reclaiming Rights for LGBTQI People in Palestine." [Accessed 16 Nov. 2018]
Global Fund for Women. N.d.b. "About." [Accessed 16 Nov. 2018]
The Guardian. 21 June 2016. Brian Whitaker. "Everything you Need to Know About Being Gay in Muslim Countries." [Accessed 16 Nov. 2018]
The Guardian. 12 September 2014. "'Any Palestinian is Exposed to Monitoring by the Israeli Big Brother." [Accessed 16 Nov. 2018]
Haaretz. 21 February 2018. Liza Rozovsky. "What It's Like to be Gay in Gaza: Meeting Israelis on Dating Apps, Evading Hamas and Plotting Escape." [Accessed 29 Oct. 2018]
Hebrew Immigration Aid Society (HIAS). 22 November 2018. Correspondence from a representative to the Research Directorate.
Hebrew Immigrant Aid Society (HIAS). N.d.a. "History." [Accessed 23 Nov. 2018]
Hebrew Immigrant Aid Society (HIAS). N.d.b. "HIAS in Israel." [Accessed 23 Nov. 2018]
Institute for Palestine Studies (IPS). N.d. "History." [Accessed 21 Nov. 2018]
International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA). May 2017. Aengus Carroll and Lucas Ramón Mendos. State-Sponsored Homophobia 2017: A World Survey of Sexual Orientation Laws: Criminalisation, Protection and Recognition. [Accessed 15 Nov. 2017]
James, Charles A. 23 September 2014. "Israeli Army's Gay Soldiers Must Stop Persecuting Gay Palestinians." Haaretz. [Accessed 16 Nov. 2018]
Online Content Editor. 12 November 2018. Correspondence with the Research Directorate.
The New York Times. 1 March 2016. Dia Hadid and Majd Al Waheidi. "Hamas Commander, Accused of Theft and Gay Sex, is Killed by his Own." [Accessed 16 Nov. 2018]
Pew Research Centre. 4 June 2013. "The Global Divide on Homosexuality." [Accessed 15 Nov. 2018]
PhD Candidate, Georgetown University. 13 November 2018. Correspondence with the Research Directorate.
Political Handbook of the World 2016-2017. 2017. "Palestinian Authority/Palestine Liberation Organization." Edited by Thomas Lansford. Washington, DC: CQ Press.
The Times of Israel. 22 November 2016. "Italian Gay Rights Group Rejects Anti-Israel 'Pinkwashing' Accusation." [Accessed 15 Nov. 2018]
Toameh, Khaled Abu. 12 June 2018. "Palestinians: No Place for Gays." Gatestone Institute. [Accessed 29 Oct. 2018]
United States (US). 20 April 2018. Department of State. "Israel, Golan Heights, West Bank, and Gaza - West Bank and Gaza." Country Reports on Human Rights Practices for 2017. [Accessed 16 Nov. 2018]
Vice. 19 February 2013. Nigel O'Connor. "Gay Palestinians are Being Blackmailed Into Working as Informants." [Accessed 16 Nov. 2018]
Vox. 14 May 2018. Zack Beauchamp. "What is the Palestinian Liberation Organization? How About Fatah and the Palestinian Authority?" [Accessed 15 Nov. 2018]
Washington Blade. 9 July 2015. Christopher Scott McCannell. "West Bank, Gaza no Haven for LGBT Palestinians." [Accessed 29 Oct. 2018]
Additional Sources Consulted
Oral sources: academics specializing in human rights issues in the Palestinian Territories; The Aguda; Al-Qaws; Arab Foundation for Freedoms and Equality; Aswat; Centre for Transnational Development and Collaboration; Columbia University – Center for Palestine Studies; Middle East Eye; Queer Asia; Rainbow Railroad; Tel Aviv University – Refugee Rights Clinic; University of London – Centre for Palestine Studies; University of Oxford – Refugee Studies Centre.
Internet sites, including: Amnesty International; ecoi.net; Equaldex; Gay Star News; Huffington Post; Human Rights Watch; Middle East Eye; Outword Magazine; TeleSUR; UN – Refworld.