As part of its advocacy efforts towards building a people-centered and sustainable recovery from the Beirut port explosion and its endeavors to promote inclusive and equitable social justice, as well as foster trust between individuals, entities, and the Lebanese government, the Lebanese Center for Policy Studies (LCPS) partnered with Transparency International (TI) and its local chapter, Transparency International Lebanon – No Corruption, to issue “The Reform Monitor.” The topics covered by the monitor are linked to the areas of reform, recovery, and reconstruction (3RF). The monitor falls within the Building Integrity and National Accountability in Lebanon (BINA’) project, which is funded by the European Union. The views expressed in the monitor do not necessarily reflect those of the donor.

WHAT’S THE ISSUE AT HAND?

Lebanon, often seen as relatively liberal in the Middle East, presents a complex landscape for LGBTQIA+ rights. Despite some court rulings affirming rights in specific cases and active advocacy from civil society, the legal and social environment remains challenging. The economic and financial crisis that began in 2019 has severely impacted the LGBTQIA+ community, which has historically faced legal obstacles, societal discrimination, and stigmatization, hindering their access to basic needs and rights.

In 2021, Lebanese NGO Helem, the first LGBTQIA+ organization in the Arab world, reported over 4,000 cases of violations against the community, a significant increase from 2020. These violations are often related to housing, employment, and health services. The ongoing economic crisis has profoundly impacted queer individuals, who have reported incidents involving violence and neglect, including by state actors.

Socioeconomic research in Lebanon has traditionally focused on the nuclear, cisgender family as the default economic unit. This approach not only overlooks the lived realities of LGBTQIA+ people—who face unique income vulnerabilities, housing insecurity, and healthcare needs—but also means national surveys and aid program eligibility criteria rarely capture or address their specific hardships. (Cheaito, 2022) The absence of disaggregated data on sexual orientation and gender identity contributes to ongoing invisibility, leaving policymakers and service providers unequipped to design inclusive interventions.

The Beirut port explosion in 2020 significantly impacted LGBTQIA+ individuals living near the port, forcing many to relocate and face discrimination outside urban centers. A 2021 Oxfam report found that 58% of surveyed LGBTQIA+ individuals had their housing damaged by the blast, 35% had to relocate, and 66% were not generating income. (Berjikian, 2022)

Research conducted by the author during the 2024 Israeli war on Lebanon revealed the hardship faced by LGBTQIA+ individuals, noting their severe housing insecurity and discrimination, and showing that they depended almost entirely on NGOs for emergency shelter, cash assistance, and basic support in the absence of adequate government or UN aid.

In recent years, there has been a critical rise in anti-LGBTQIA+ rhetoric from religious leaders, politicians, and media figures. This has included assaults on LGBTQIA+ individuals, supporters, and establishments, often justified by legal texts and conservative societal attitudes.

Legal and Policy Challenges

The primary legal obstacles for LGBTQIA+ individuals in Lebanon are Articles 521 and 534 of the 1943 Penal Code. Article 521 criminalizes gender expression by penalizing men who dress or present as women with potential imprisonment of up to six years, though it is rarely enforced. Article 534 is frequently used to target same-sex relationships, as it criminalizes "sexual relations that contradict the laws of nature" and is punishable by up to one year in prison. Both laws reinforce societal discrimination against transgender and gender non-conforming individuals. (Human Dignity Trust, 2023)

Between 2008 and 2018, four separate rulings halted the investigation of individuals prosecuted under Article 534. These rulings considered that "intercourse contrary to nature" does not apply to same-sex relationships. This interpretation of the law aimed to clarify the law’s scope and promote more equitable application and equity for marginalized groups, representing a significant step towards challenging and potentially overturning Article 534. (Karame, 2016; Human Dignity Trust, 2023)

Another ruling in 2014 recognized the right of individuals with congenital and functional malformations in their reproductive organs to choose their sexual identity and engage in sexual relations according to “nature's laws.” This ruling dropped charges against a transgender woman who had undergone surgery to align her physical appearance with her gender identity. (Maharat, 2014)

Despite rulings against using Article 534 to prosecute LGBTQIA+ individuals, enforcement remains inconsistent. Police arrests and intrusive physical examinations still occur, reflecting the law's ongoing use against the community. 

In 2012, Minister of Justice Chakib Kortbawi called for an end to random rectal examinations, following the arrest and forced testing of 36 individuals in a Bourj Hammoud cinema raid. A Cassation Public Prosecution memorandum misinterpreted Penal Code clause 343, allowing the practice under certain conditions. A circular required consent for such tests, yet refusal was reportedly used as proof of homosexuality.

Despite a ban from the Order of Physicians, some medical examiners continued performing them under prosecution orders. However, in 2014, five men were forced to undergo them after arrests in Beirut. (mambaonline, 2014) Beyond this procedure, individuals also face forced HIV and drug tests, as well as invasive questioning about their sexual orientation. (Maharat, 2014)

These rectal exams, conducted by medical examiners at the behest of the Public Prosecution, have long-lasting psychological effects on victims, often compared to rape by victims. Although scientifically discredited and recognized as a human rights violation, they continued under police supervision as late as 2016, according to a Human Rights Watch report. While no recent cases have been publicly reported, concerns remain that such practices have not been fully eliminated.

In 2018, a coalition of emerging political groups and Kataeb Party candidates to legislative elections announced plans to decriminalize same-sex acts as part of their electoral campaign. However, in October, a Lebanese delegation voted against an international bill for LGBT equality. The bill was a draft resolution at the 139th Assembly of the Inter-Parliamentary Union on the role of parliaments in ending discrimination based on sexual orientation and gender identity and ensuring respect for the human rights of LGBT persons.

In June 2022, the Interior Minister Bassam Mawlawi banned any meeting or gathering that promotes what he called “the phenomenon of sexual deviance,” but this directive was suspended by a court order in November 2022, in response to a lawsuit filed by the Legal Agenda and Helem before the State Council. (Legal Agenda, 2022) However, a second directive was later issued to prohibit any activities perceived as promoting homosexuality. (Human Dignity Trust, 2023)

In 2023, nine members of Parliament introduced a bill to repeal article 534 and decriminalize same-sex sexual relations in Lebanon. However, the signatories faced online harassment, leading one MP to withdraw his signature.

In response, then-Prime Minister Najib Mikati emphasized the importance of national identity, public customs and faith-based values, urging citizens “to hold fast to our national identity, its public customs and inherited morals, and to our faith-based values—especially the value and protection of the family—and to confront ideas that run counter to the Creator’s order and the principles on which the Lebanese are united.”

In August 2023, MP Ashraf Rifi introduced a bill to criminalize same-sex relations and the promotion of homosexuality, with penalties up to three years in prison. (Human Dignity Trust, 2023) This bill rallied a number of traditional political forces, including those that fiercely oppose each other, such as Hezbollah and Rifi himself.

Societal Discrimination and Stigmatization

In addition to the legal and policy-based challenge, societal attitudes towards LGBTQIA+ individuals in Lebanon remain largely conservative, influenced by religious and cultural norms.

During the last decade, many instances of discrimination and violence, were reported against members of the LGBTQIA+ community. In September 2023, a group calling itself Jnoud El-Rab disrupted the Freedom March, which had been organized in defense of free speech, peaceful assembly, and digital rights, injuring at least three participants after accusing it of promoting homosexuality.

In August 2023, following speeches by several political leaders attacking the LGBTIA+ community and a draft law filed by Ashraf Rifi and other MPs, Jnoud El-Rab attacked a bar in Beirut, smashing furniture and assaulting patrons. This surge in violence followed the introduction of a bill in Parliament to repeal section 534 of the Penal Code and decriminalize same-sex relations. (HRW, 2023)

In 2022, Helem reported 475 cases of violence against LGBTQIA+ individuals, including kidnappings, physical abuse, death threats, rape, and verbal abuse. In 2020, rights-based NGOs reported persistent official and societal discrimination against LGBTQIA+ people by vigilante groups.

The COVID-19 lockdowns further increased risks for the community, which relied on centers, social networks, and NGOs for support. In May 2018, the Internal Security Forces (ISF)—acting under the Interior Ministry’s authority—canceled events for the International Day Against Homophobia and Transphobia and briefly arrested Beirut Pride Week’s organizer for allegedly "encouraging debauchery." (Human Dignity Trust, 2023)

A 2022 qualitative study on LGBTQIA+ individuals in the workplace—conducted as part of an inclusion advocacy project led by the author—revealed widespread experiences of harassment, bullying, and discrimination, primarily perpetrated by male colleagues. Many respondents reported feeling compelled to conceal their identities to avoid mistreatment.

Large institutions, especially in Beirut, were more likely to hire LGBTQIA+ employees, due to formal HR policies and a focus on diversity, whereas employers in more conservative areas like Tripoli were less likely to openly hire LGBTQIA+ individuals. Positions with minimal client interaction were more accessible.

Job security remains a major concern, with frequent firings and lack of promotions tied to sexual orientation or gender identity, as reported by focus group participants. The study also included accounts of discriminatory perceptions, including pathologizing views of LGBTQIA+ individuals. (Source unpublished)

Many persons, particularly transgender individuals, also face significant challenges in political participation due to isolation and discrimination based on their appearance. These barriers include bullying, harassment, and a lack of access to housing, which discourage them from voting or running as candidates. Negative perceptions rooted in social and religious norms further hinder their political engagement, including in the electoral process. (LEB-CAAP, 2023)

Activism and Advocacy

Despite these challenges, there are pockets of acceptance and support within Lebanese society, with several bars, clubs, and events catering to the community, mainly in Beirut. However, these spaces often operate under the threat of raids and closures, and their existence does not necessarily reflect broader societal acceptance.

Civil society organizations play a crucial role in supporting LGBTQIA+ and advocating for their rights in Lebanon. Through a variety of services and endeavors, they work to support the community through several initiatives, including legal assistance, health services, and public awareness campaigns.

Rights holders’ groups, in conjunction with international organizations, also engage in advocacy efforts to challenge discriminatory laws and practices, striving to create a more inclusive society. Despite facing significant obstacles, these activists continue to advocate for greater inclusion and legal protection, leveraging social media and other platforms to reach a wider audience.

WHY IS THIS IMPORTANT?

Reforms toward more inclusive environments for LGBTQIA+ individuals in Lebanon are crucial for several reasons. First, they ensure the same rights and protections for all individuals, in line with international human rights standards. This includes repealing laws such as Article 534 and Article 521, which would protect LGBTQIA+ individuals from legal harassment and abuse. (UNDP, 2022)

Inclusive policies also promote social cohesion by fostering acceptance and understanding among different community groups, and they can boost economic growth by allowing all individuals to contribute fully to the economy without fear of discrimination.

Additionally, reducing discrimination and harassment can improve mental health outcomes for LGBTQIA+ individuals by reducing stigma and providing support. Creating safe spaces and support networks can significantly enhance their quality of life and well-being.

Finally, adopting inclusive policies also demonstrate alignment with international human rights commitments, which can foster external support and cooperation. Overall, these reforms are an important step toward advancing human rights, social equity, and inclusive development in Lebanon.

References

Hussein Cheaito, Thinking Queerly About Lebanon’s Mega-Crises, The Tahrir Institute for Middle East Policy, 30 June 2022, https://timep.org/2022/06/30/thinking-queerly-about-lebanons-mega-crises/

Katherine Berjikian, How the Beirut blast and financial crisis has affected Lebanon’s LGBTQ+ community, 5 August 2022, Euronews, https://rb.gy/cgy3w4

Lama Karame, Lebanese Article 534 Struck Down: Homosexuality No Longer “Contrary to Nature” - Legal Agenda (legal-agenda.com), 11 July 2016

Human Rights Watch, Lebanon: Attack on Freedoms Targets LGBTI People | Human Rights Watch (hrw.org), 5 September 2023

BBC, The Arab world in seven charts: Are Arabs turning their backs on religion? 24 June 2019

Maharat Foundation, LGBT issues and the media in Lebanon, 2014, https://maharatfoundation.org/media/1644/study-lgbt-english.pdf

Human Dignity Trust, Lebanon Country Profile, https://www.humandignitytrust.org/country-profile/lebanon/

Freedom in the World 2024, Lebanon, https://freedomhouse.org/country/lebanon/freedom-world/2024

Saskia O'Donoghue & Euronews with AP, Lebanon's LGBTQ+ community under threat as leaders ramp up campaign, 2 September 2023, https://www.euronews.com/2023/09/02/lebanons-lgbtq-community-under-threat-as-leaders-ramp-up-campaign

Human Rights Watch, Lebanon: Same-Sex Relations Not Illegal, 19 July 2018, https://www.hrw.org/news/2018/07/19/lebanon-same-sex-relations-not-illegal

Lebanon: Attack on Freedoms Targets LGBTI People Repressive Legislation; Unlawful Crackdown - Amnesty International, 5 September 2023

Lebanon: Attack on LGBTI bar another ‘ominous sign’ of deteriorating rights situation  - Amnesty International, 24 August 2023

LGBT Rights In Lebanon: Everything You Should Know Before You Visit! 🇱🇧 (queerintheworld.com), December 2023

UN Lebanon Joint Statement In Support of LGBTIQ+ in Lebanon | United Nations Development Programme (undp.org), June 2022

Lebanon Civic Accelerator Program (LEB-CAAP), From Voices to Action, Mobilizing for Inclusive Municipal Elections in Lebanon, Findings brief, USAID – FHI360, April 2023, https://linktr.ee/lebcaap?lt_utm_source=lt_share_link#349907899

Dignity Debased: Forced Anal Examinations in Homosexuality Prosecutions, July 2016, https://www.hrw.org/report/2016/07/12/dignity-debased/forced-anal-examinations-homosexuality-prosecutions

Suspension of Minister of Interior’s Homophobic Decision, The Legal Agenda, Helem, 15 November 2022, https://english.legal-agenda.com/suspension-of-minister-of-interiors-homophobic-decision/

TORTURE OF GAY PEOPLE BY LEBANESE POLICE - MambaOnline - LGBTQ South Africa online