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August 10, 2024 — No Comments

Iran, the new “progressive” presidency and LGBTQ+ rights

by Ilaria Lorusso (Iran Team) in collaboration with the Human Rights Team

Introduction

Iranian elections following former president Raisi’s death in May 2024 were called rather abruptly for this July and resulted in the appointment of Massoud Pezeshkian. Considered a moderate candidate, he campaigned for his election maintaining progressive stances both in internal and external politics, promising more liberties and equal rights – especially with regards to women’s issues, animating the Women, Life, Freedom movement – on one hand, and advocating for a renewed nuclear deal and relations with Western countries, particularly the US, aimed at relieving the sanctions that have weakened the Islamic Republic to this day. His political positions fuel refurbished hope for social justice in Iran. However, the fact that he does not seem to want to openly disrupt the system in place after 1979 revolution, and the persistence of a conservative parliament and the absolute authority of Supreme Leader Khamenei dilute the expectations of most human rights advocates vis-à-vis the efforts possible to mitigate the oppression of traditionally marginalised groups. The LGBTQ+ community is notoriously part of the latter. Even if the new president has not exposed himself explicitly on this topic yet, this piece aims at retracing the treatment of LGBTQ+ rights in Iran, making evident above all the risks queer citizens undergo in the country in the current status quo.

Sharia and LGBTIQ+ rights 

As an Islamic Republic after the 1979 revolution, Iran abides by the Shari'a system, following a strict interpretation of Islamic religious texts as a base for law norms1. As such, already when it comes to heterosexual relationships, the 2013 Iranian Penal Code2 condemns any form of sexual activity outside of a lawful marriage. Any extra-marital sexual relations, identified as zina, are illegal and subject to criminal sanctions. 

Zooming in, homosexuality – particularly among men – is forbidden (haram) and considered a moral, physical, and psychological disorder, comparable to the heterosexual zina. Article 234-239 of the Penal Code shows that the death penalty is imposed on citizens accused of homosexual acts, particularly for those performing a “passive” role in the relationship. This, combined with the relative indulgence with which homosexuality between women is treated, reveals particularly the will to preserve a certain type of masculinity that Iranian men are supposed to perform3. Lashing, prison and fines are the alternative and almost always applied punishments associated with acts that fall into the interpretation of “sexual deviancy” – lesbian relationships and cross-dressing being among these. Besides legislation, then, the LGBTQ+ community is subject to state violence and police prosecution, with reported mass arrests and torture under custody, and queer activists imprisoned for threatening national security and production of “immoral content”. 

LGBTQ+ community and the Iranian society

More importantly, because homotransphobia is widespread in Iranian society – up to 90% according to Equaldex’s 2022 findings4, discrimination then extends in every aspect of one’s personal and professional life, with limited access to housing, education, employment, judicial system and healthcare. Interestingly, The Islamic Republic of Iran offers limited subsidised support for gender confirmation surgery, hormone replacement therapy, and psychosocial counselling for trans people. This is due to the fact that the latter views are seen through the lens of gender identity disorders. This medicalisation has provided some legal recognition for trans individuals but has also reinforced the stigma that they suffer from psychological and sexual disorders and need treatment to become "normal"5. In a way, gender reaffirmation therapy is also perceived as a way to “correct” deviances related to non-heterosexual sexual orientations. Accordingly, trans individuals in Iran, whether recognised by the state, seeking recognition, or living without it, frequently face discrimination and abuse due to their gender identity, including hostile public attitudes, extreme violence, and the risk of arrest, detention, and prosecution.

Photo by Sima Ghaffarzadeh: https://www.pexels.com/photo/crowd-of-people-protesting-on-street-holding-flags-and-posters-14136859/

Queer activism, Mahsa Amini’s protests and the way forward

The 2022 national unrest related to the death of Mahsa Amini re-fueled not only women’s rights activists but also those belonging to the queer community.  in custody for allegedly wearing her hijab improperly sparked nationwide protests in Iran, met with deadly force by the government. During the protests, young LGBTQ citizens openly defied the regime by removing their hijabs and displaying same-sex affection publicly6. Activists have also used pro-LGBTQ slogans and symbols, increasing visibility but also facing backlash, as the later overturned death sentence to queer activist Sareh Sedighi-Hamadani in that period exemplifies7. Clearly, this shows that queer liberation is to this day a pressing issue in Iranian civil society, and links back to the general discontent that especially younger generation has towards the post-revolution religious élite. Whether the new presidency will be able to appropriately take up the demands of these movements, remains an open question. 

  1. Rehman, J., & Polymenopoulou, E. (2013). Is green part of the rainbow: sharia, homosexuality, and LGBT rights in the Muslim world. Fordham International Law Journal, 37(1), 1-52. ↩︎
  2. Center for Human Rights in Iran (2021, August). Fact Sheet: LGBTQ rights in Iran. https://iranhumanrights.org/wp-content/uploads/LGBTQ-Iran-Fact-Sheet.pdf  ↩︎
  3. Karimi, A., & Bayatrizi, Z. (2019). Dangerous positions: Male homosexuality in the new penal code of Iran. Punishment & Society, 21(4), 417-434. https://doi.org/10.1177/1462474518787465  ↩︎
  4. https://www.equaldex.com/region/iran  ↩︎
  5. OutRight Action International (2016). Human Rights Report: Being Transgender in Iran. https://outrightinternational.org/our-work/human-rights-research/human-rights-report-being-transgender-iran  ↩︎
  6. Iran protests: LGBTQ community rises up (2023). BBC Website, April 19th. https://www.bbc.com/news/world-middle-east-64864132  ↩︎
  7. Good news: Sareh Sedighi-Hamadani’s death sentence overturned (2023). Amnesty International Australia Website, May 16th.
     https://www.amnesty.org.au/good-news-sareh-sedighi-hamadanis-death-sentence-overturned/  ↩︎

June 17, 2021 — No Comments

How the Criminalisation of Homosexuality affects Migration Patterns from Africa

By: Rebecca Pedemonte

In 2018 I started a University research based on a series of interviews with individuals that had migrated from West African countries. The results showed that the fear of being persecuted based on sexual orientation is one of the many reasons why migrants decide to leave their country. In particular, one of the interviewees from Gambia reported that being considered a homosexual by the community could endanger his physical safety in his country.  

This evidence raises significant questions on discrimination against individuals of the LGBTQ+ community, although the International Community rarely discusses it. How much can these discriminations against individuals belonging to the LGBTQ+ community affect the choice to migrate from their country of origin? Such stigmatization derives from prevailing social and cultural norms, impregnated with intolerance and prejudices, and also, from national laws that reflect this kind of attitudes. Therefore, it is also significant to note how widespread are the provisions that criminalise the individuals from the said community within the African territory. 

According to the 2020 Report, published by the International Lesbian, Gay, Bisexual, Trans and Intersex Association, nowadays there are still many laws of African States that criminalize homosexual or transgender people. According to the laws in Mauritania, Somalia and part of Nigeria, anyone identified as belonging to the LGBTQ+ community can be given the death penalty. In the Central African area, such as in Sierra Leone, Gambia, part of Nigeria, Sudan, Uganda, Kenya, Tanzania, Malawi and Zambia, the individuals can be served with a prison sentence of a minimum of eleven years up to life imprisonment. In other eighteen states, most of which are located in the Maghreb area and in West Africa, homosexuality is sanctioned with periods of imprisonment that can vary from 1 month to eight years. 

On May 23rd, in Senegal, where currently the sexual act between homosexuals is punished with five years of imprisonment, hundreds of protesters took to the streets of Dakar, demanding the legitimacy of homophobia. It has been stated that they "want to promote correct social values". This emphasizes the fact that often it is the communities themselves that perpetuate these discriminations.

However, in some countries of the continent, the State’s law does not provide regulatory provisions or sanctions against homosexuality. However, according to numerous reports from NGOs, such as Amnesty International, it has been revealed the presence of multiple realities in which homosexuality is criminalized de facto; through persecution by government authorities or, even, by members of the communities themselves. This is what happens, for example, in Egypt, where torture and illegal detention of homosexuals are widely practiced. For all other countries of the continent, no verified criminalization is foreseen, but similarly, no protection or defence is envisaged within their laws either.

At the regulatory level, the only country that recognizes protection against LGBTQ+ people is South Africa. However, there are discrepancies between what is sanctioned by law and what happens in everyday life. 

Nonetheless, it has to be considered that in some areas of the continent, particularly in rural areas, the collection of data about these persecutions is highly complex. Therefore, there is no truthful information in many countries, or it is the State that does not want to collect and submit them to International Organizations. Consequently, several gray areas remain regarding the presence or absence of legislation that criminalize homosexuality within the African continent. For these reasons, it is difficult to structure a realistic mapping on the percentages of persecuted people for their sexual orientation. This detection appears even harder if we consider the percentage of people who emigrated from their country of origin out of fear of being persecuted. The data collection has been worsened by the general trend of the commissions for asylum-seekers to not publish the reasons for the recognition of international protection.

A note issued by the United Nations High Commissioner for Refugees (UNHCR) specified that sexual orientation must be considered in the definition of “refugee,” along with gender identity. Specifically, it is a motivation that can affect the individual's well-founded fear of being persecuted. The 1951 Geneva Refugee Convention did not include these factors in the original essay formulation. Due to this Note to the 1967 Protocol of the Convention, people who have experienced discrimination or violence because of their sexual orientation may require international protection.   

Although it is difficult to define the exact number, UNHCR states that among the ten largest nationalities for asylum requests in 2016, eight have very harsh legislation against homosexuals and transgender people. 

Furthermore, it is important to underline the plurality of discriminations that a person belonging to the LGBTQ+ community suffers from and how little is this considered in the collective imaginary, especially in asylum and governmental policies.

It may appear that the governments are reluctant in setting up centers that might help and support the LGBTQ+ community. Even in countries with less stringent laws, it is difficult to do because of the prevailing community norms. Consequently, the person who migrates because of abuses and physical, sexual or verbal discrimination is forced to undergo the same degrading treatments and get low protection throughout the migratory path and, most probably, also in its aftermath.

The Covid-19 pandemic outbreak certainly did not improve the situation and contributed to increasing the vulnerability of this community. Given the status quo that provides ground for discrimination and little protection, there is an imminent need to revisit existing laws and enforce governmental and private programs to expand protection systems on field and defend victims from abuses. Raising awareness within the communities, building and establishing suitable centers on the territory, and volunteers' training are all fundamental factors that may change these human rights violations.