Colonial Laws a Hazard for Homosexuals in Lebanon
Many
draconian Middle Eastern laws are homegrown constructions, ranging from
Jordan鈥檚 Penal Code 308, which , to Saudi Arabia鈥檚 . Others are hangovers of colonialism that Middle
Eastern governments have been all too happy to uphold.
Lebanon,
long called the Switzerland of the Middle East, fancies itself an exception to
Middle Eastern authoritarianism: a bustling, cosmopolitan country that serves
as an oasis of co-mingling cultures in an increasingly unstable region. A
shame, then, that Lebanon applies long-outdated French laws against minority
groups like its LGBTQ population. It seems surreal that a state, in 2016,
harasses and tortures its own citizens based solely upon their sexual
orientations and gender identities, but violence against LGBTQ citizens in
Lebanon is shockingly common, and stateside human rights defenders should take
notice.
Lebanese
Penal Code 534, a historical quirk left over from the French mandate that ended
in 1943, . The statute鈥檚 vague
terminology allows officials to apply the law according to their whims; it is
presently used to persecute LGBTQ people, who face up to a year in prison if
convicted.
Of
course, LGBTQ people aren鈥檛 marching in to police stations to proclaim their
sexual orientation. Instead, when their paths cross with authorities, officials
use any pretext (often based on stereotypes relating to appearance, mannerisms,
and speech patterns) to justify rifling through suspects鈥 personal belongings
for evidence of homosexuality.
Gay
men report , only to be arrested and
beaten for having gay dating apps like Grindr installed or possessing nude
photos of other men. Belonging to LGBTQ-aligned Facebook groups is also
sufficient鈥攅ven if there is no evidence of one having actually participated in
homosexual activities. The Lebanese authorities鈥 opinion of homosexuality is
made evident in the , who oversee cases related to homosexuality, along
with other suspects accused of drugs and prostitution.
Even
benign legal matters can turn dangerous. A police officer who met with a Syrian
man attempting to gather the paperwork needed for refugee resettlement in North
America interpreted the refugee鈥檚 mannerisms as 鈥渦neven,鈥 a code word for
effeminate and possibly gay. So (Turkish
bathhouse) where the man formerly worked; twenty-seven people were arrested,
after which they experienced compulsory HIV tests and torture severe enough to
incite forced confessions. A on a movie theater in 2012 saw the arrest of 36 people who endured
rectal exams and were lambasted as 鈥減erverts鈥 on Lebanese television.
Unfortunately,
these incidents of state-sponsored violence are not anomalies. Police often
resort to beatings and outright torture in order to elicit confessions. Victims
report enduring anti-gay slurs from law enforcement and situations that would
constitute entrapment under US law. A Lebanese LGBTQ news outlet reported that in
April 2016 an incident occurred where . A male
officer demanded she sleep with him and, had the woman agreed, reportedly
planned to use the incident as evidence against her.
Perversely,
the Lebanese government鈥檚 attempt to tighten security in the face of Islamist
extremists like ISIS and Jabhat al-Nusrah have worsened the situation for LGBTQ
individuals by increasing the number of checkpoints and security officials
throughout the country.
Certainly,
robust digital security practices can help protect LGBTQ people who choose to
organize or find potential dates online. Tools like Tor allow for anonymous
browsing; basic digital hygiene, like using screen locks, can prevent the
casual observer from peeking at one鈥檚 dating apps; and even the messenger app
WhatsApp now has end-to-end encryption on all its messages. And, luckily, there
are plenty of Arabic-language resources out there for LGBTQ people in Lebanon
who want to learn about these options. But the very fact that LGBTQ people
(plus religious and other minorities) must seek out technical means of
protecting their private information鈥攅specially as it relates to consensual
acts between adults who are, by all scientific accounts, perfectly
natural鈥攕peaks to privacy鈥檚 fragility in the face of unfair laws.
Even
worse, Lebanese society at large fails to sympathize with LGBTQ victims. A conducted in 2013 showed that 80 percent of people in Lebanon
disapproved of homosexuality. One hopes that tolerance has increased in the
intervening three years, but several high-profile incidents belie such
optimism. There have been recent cases of . And government discrimination remains a serious threat.
Activists
are fighting back. As part of the International Day Against Homophobia and
Transphobia, a Lebanese LGBTQ organization called Helem .
Other groups like Legal Agenda by filing complaints against violent officers and
representing victims in court.
But
the onus for change cannot be on the victims of oppression. Bad laws must
change. A select couple of judges have paved the way by with the argument that
Penal Code 534 inadequately defines 鈥渦nnatural鈥 behavior in order for it to
apply to homosexuality. But while the law remains on the books, serious human
rights abuses lay on the shoulders of Lebanese officials who target gays and transgender
citizens, and with police officers who compound these egregious violations with
violence against LGBTQ detainees.
France finally left Lebanon in 1946. Seventy years later, it鈥檚 time鈥攂eyond time鈥攆or
this law to leave, too.