Just a few days before the 2022 Men’s FIFA World Cup in Qatar, accusations of the violation of LGBTQ+ rights came to the surface by the Human Rights Watch. The organization reported six incidents of beating and five incidents of sexual harassment of LGBTQ+ people while under police custody between 2019 and 2022. All detainees complained about their treatment in custody, where they were verbally and physically abused and were denied access to their legal right to counsel, communication with their families, or medical care. Charges were not pressed and no one received any document of detention. They were arrested in public places just based on their appearance and gender expression and forced to unlock their phones. Under international human rights law, these cases constitute arbitrary detention and should be considered illegal. And all these at the same time when FIFA is referring to the World Cup Qatar 2022 as a celebration of unity and diversity.
The legislative framework in Qatar concerning gender identity and sexual orientation is very restrictive. Although Articles 44, 45, and 47 of the Qatar Constitution protect the rights to freedom of assembly, association, and expression, the Penal Code criminalizes sexual acts between people of the same sex. In particular, according to Article 296(3) of the Penal Code, any act promoting same-sex relationships, including assemblies, publications or associations would be considered to be promoting a criminal offense and would therefore be prohibited. Any such act shall be punished by a term of imprisonment of between one and five years. As Qatar’s legal system is based on a mixture of civil and Islamic law, Islamic men in front of the Sharia courts can even face the death penalty for same-sex sexual activity. Of course, under Family law, same-sex marriage is illegal (Article 9 of Law No.22 of 2006), while any person in a same-sex couple is considered to be unfit to be a guardian (Article 169 of Law No.22 of 2006).
Going beyond the legal framework, LBGTQ+ people in Qatar are in a hostile position, balancing between the recognition and protection of their human rights and a society that, in its majority, is opposed to the very existence of the community. This is very obvious on a day-to-day basis, as employment discrimination in Qatar based on sexual orientation and gender identity is not prohibited, while hate crimes against LBGTQ+ people do not consist of aggravating circumstances in sentencing. In regards to gender identity, trans people cannot change their legal identity, although there is the possibility to legally change their name through an official procedure. However, if the name has a religious significance, it is possible that the officials of the Committee at the Ministry of Justice, where the application was filled, refuse to go further with the process.
The international community has repeatedly criticized the situation in Qatar, with the country receiving several recommendations on LGBTQ+ rights during the third cycle of the OHCHR Universal Periodic Review. Among others, France recommended that Qatar should guarantee the rights of LGBTQ+ people, Australia proposed the development and implementation of anti-discrimination laws and government policies to address discrimination and Iceland referred to the decriminalization of consensual same-sex acts. In addition, many international organizations, like ILGA World, have emphasized the hostile conditions that LGBTQ+ individuals experience in Qatar.
Qatari officials, especially leading up to the 2022 FIFA World Cup in Doha, are trying to assure the LGBTQ+ people that Qatar is a safe and welcome place for the community. However, recent events showed that the reality is far different. But even if the country complies with international human rights law and welcomes LGBTQ+ foreigners during the World Cup, the protection of the LGBTQ+ Qataris, especially after the completion of the event, is very questionable.
By The European Institute for International Law and International Relations.
