Yemen

Legal Code Summary

Criminal Code of 1994 & Law on the press and publications, Law No. 25 from 1990

Legal Code Text

Article 264 - “Homosexuality is the contact of one man to another through his posterior; both sodomites whether males or females are punished with whipping of one hundred strokes if not married. It is admissible to reprimand it by imprisonment for a period not exceeding one year, punishment by stoning to death if married.”

Article 268 - “Lesbianism is intercourse between one female and another. Anyone engaged in this act with another shall be punished with imprisonment for a period not exceeding three years.”

Article 103 - “Persons employed in radio, television and written journalism and especially those employed in responsible positions in radio and television journalism, owners and editors-in-chief of newspapers, owners of printing presses and publishing houses and journalists, shall be bound to abstain from printing, publishing, circulating or broadcasting: (a) Anything which prejudices the Islamic faith and its lofty principles or belittles religions or humanitarian creeds, [...] (d) Anything which leads to the spread of ideas contrary to the principles of the Yemeni Revolution, prejudicial to national unity or distorting the image of the Yemeni, Arab or Islamic heritage, [...] (e) Anything which undermines public moral or prejudices the dignity of individuals or the freedom of the individual by smears and defamation, [...] (j) Advertisements containing texts or pictures which are inconsistent with Islamic values and public ethics, to defame or libel individuals, attack the rights of others or mislead the public...”

Article 104 - “Without prejudice to any more severe penalty under another law, any person who contravenes the provisions of this law shall be subject to a fine not exceeding ten thousand riyals or a period of imprisonment not exceeding one year.”

ILGA Analysis & Notes

Following the unification of north and south Yemen, the 1994 Yemeni Penal Code (the Republic’s Rule number 12) requires stoning to death for consensual same-sex relations for men (Art. 264) and three to seven years imprisonment for women (Art. 268). The situation in Yemen has become progressively worse for sexual and gender minorities since the takeover of much of the country by the Houthi militia in 2013. An article from August 2015 goes into some detail on the environment for LGBT people in Yemen. Murders of gay men continue to be reported. In its 2nd cycle UPR in January 2014, there were no recommendations made by States to Yemen in regards to SOGI. In fact, it appears that there was only one passing mention of SOGI in the 18 civil society and other submissions. Unlike at its 1st cycle UPR in May 2009 where there was one, there were no oral statements made at the close of Yemen’s 2nd cycle UPR. Yemen’s next UPR will be in October 2018.

2023-2024 Legal Developments

Criminalising laws continue to be enforced by both the internationally recognised government and Houthi insurgent forces. 2023-24 reports document death sentences by stoning and crucifixion (Dhamar and Ibb courts) alongside lengthy prison terms for 'spreading homosexuality.'