Summary:
The erosion of the rule of law in Yemen, in conjunction with the enduring humanitarian crisis and the increasing influence of militias, has facilitated a surge in attacks targeting transgender individuals. The impact of these crises is not explicitly evidenced through the criminalization of transgender identity and expression, but rather through less formal channels, wherein non-state actors and civilians operate outside the boundaries of the judicial system. Consequently, de facto criminalization is not typically enforced in Yemen, but it can serve as a justification for civilians to take matters into their own hands. Moreover, the following legal provisions are solely applicable in regions directly controlled by the Yemeni government, while other areas may be under the control of different factions due to the ongoing conflict.
Criminalization:
De-facto: Yemen’s penal code employs morality laws to effectively criminalize transgender identity and explicitly prohibits queer or sexually non-conforming behaviors. The classification of sexually non-conforming acts as illegal may lead to misapplication against gender non-conforming individuals, driven by prejudiced and/or uninformed beliefs.
- Article 264 of the Yemeni Penal Code (1994):
“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 285 of the Yemeni Penal Code (1994):
“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. If the act happens under coercion imprisonment may be expanded to seven years.”
- Article 273 of the Yemeni Penal Code (1994):
“Disgraceful act in violation of chastity is any act which conflicts with public ethics or losing chastity including undressing and intentional exposure of the genital organs and the saying and gesticulation violating the chastity and contradictory to good conduct.”
- Article 274 of the Yemeni Penal Code (1994):
“Punishment with imprisonment for a period not exceeding six months or a fine is to anyone who commits a disgraceful act in public so that the others see or hear it.”
- Article 310 of the Yemeni Penal Code (1994):
“Anyone who ever illegitimately manages to obtain a material benefit for himself or for others, through the use of fraudulent means (misappropriation), or by using a false name or false characteristic or capacity shall be punished by imprisonment for up to a maximum of three years or by the imposition of a fine.”
Enforcement:
Legal enforcement against gender non-conforming individuals is not consistently documented. In cases where legal enforcement is well-documented, it appears that the law is enforced in an arbitrary manner. Conversely, in Yemen, social consequences for transgender individuals are prevalent, with non-state actors often imposing punishments on them within domestic settings such as their own homes.
- On February 5, 2023: a Lower Court in Houthi-controlled Yemen handed down death sentences to 13 university students on charges of “spreading homosexuality.” Additionally, three other university students were sentenced to five years in prison for the same offense. Although the gender and sexual identities of the individuals involved were not specified, the overall legal approach towards queerness is evident.
- On March 31, 2023: a Yemeni trans woman was arrested and detained by the Yemeni Ministry of Interior Affairs for forging false documents in an attempt to impersonate a doctor and flee the country by plane. The primary sources of information regarding this incident were news outlets, which focused more on the personal life of the woman and the details of her potential past crimes, rather than the legal outcome of the case or the specific charges against her. The details of her previous criminal activities are uncertain.
- In 2020: a trans Yemeni woman was arrested and subjected to punishment under Article 264, for appearing “too feminine” . As a result, she experienced brutal physical abuse at the hands of the state. Furthermore, she endured further abuse and torture from prison staff.
- Yahyia Al-Zindani, a Yemeni transman, recounted the various legal and civil procedures used by his family to abuse and punish him based on his gender identity. In addition to enduring severe physical and mental abuse, he was subjected to involuntary long-term psychiatric stays through the utilization of guardianship laws. Simultaneously, his family pursued legal action to restrict his ability to travel outside the country. The exact grounds presented to the court by Al-Zindani’s family to impose the travel ban are unclear. However, this case highlights two significant points: how this legal mechanism is under-documented as a tool of oppression amongst queer spaces and that other trans people have previously been punished for their identities in domestic settings through legal mechanisms.
Legal Gender Recognition:
Name Change:
Changing your legal name is possible in Yemen but might not be accessible by all trans people. The procedure involves “correcting” your name after submitting a request to a local court. However, trans people’s name choices might be refused if they’re typically associated with certain genders and might even encounter danger.
- Article 42 of Yemeni of Civil Status Law (2003):
No correction or alteration of the limitations of civil status shall be made except by final judgement of the court within the jurisdiction of the department in which they are registered. Correction, addition, deletion and change of data relating to the profession, scientific qualification or occupation may be made on the basis of official documents or investigations issued by the competent authority without the need to issue a judgement. Requests for correction may also be submitted by the Public Prosecutor’s Office or the Director of Civil Status and Civil Registry. The Director of Civil Status and Civil Registry shall be responsible for correction and signature. The correction shall be approved by the Director-General of Civil Status and Civil Registry of the governorate.
Gender Marker Change:
There is no data available about this procedure being employed by the state of Yemen. As such, changing your legal gender marker is not possible.
Case law in Legal Gender Recognition:
No known cases of attempts to obtain legal gender recognition in Yemen have been found.
Gender Affirming Healthcare:
There is no data available suggesting the availability of gender-affirming care in Yemen. Seeking treatment from underground organizing or non-governmental actors is typically possible in states where non-confident gender identity is criminalized but is unlikely to occur in Yemen due to the overall social standing of transgender people in Yemen and because of the humanitarian crisis.
Fatwas:
There are no specific fatwas pertaining to transgender individuals issued by the religious authorities in the country. However, as the country follows Sunni Islam, the fatwas issued by esteemed Sunni authorities such as Al-Azhar in Egypt and the Islamic Fiqh Council in Saudi Arabia are considered applicable. These fatwas prohibit transgender individuals from seeking gender-affirming healthcare and restrict sex reassignment surgeries to intersex individuals only.
Other:
The political and judicial systems in Yemen are intricately entangled with an ongoing political conflict. The multifaceted dynamics involve various factions competing for power, resulting in a state of affairs being governed by the government in some places and armed militants governing others. Unfortunately, these militias do not consistently adhere to the principles of due process, particularly when it comes to individuals who deviate from societal norms. Due to the ongoing conflict, the aforementioned legislation is applicable within the territories under the control of the government.