Persecution against Lesbians in Jordan

Amnesty International 2001 Jordan country report http:/www.amnesty.org

General overview of gay and lesbian issues in Jordan. International Gay and Lesbian Association http://www.ilga.orgfJnforrnation/legalsurvey/middle%20eastijordan.htm#*Laws

"Family Allegedly Tried to Kidnap Daughter to Jordan", Salt Lake Tribune, October 20, 1999

http://www . ilga.org/lnforrnationlLegal survey(middle%20east!supportin g%20files/family allegedly tried to kidnap.htm

Islamic Treatment of Homosexuals by Sulayman X http://www .outspirit.org/reiigions/i slam. treatment. php

State department report http://www.state.gov/g/drllrls/hrrpt/2000/nea/836.htm

Refugee Claimants Fearing Gender-Related Persecution. CRDD V99-00892, Workun, Clague, March 7, 2000.

http://wwwjrb.gc.caJenidecisions/reflex/index_e.htm ?action:::::article. view &i d:::::965 and other:

Background:

Amnesty International ACT 401016/2001, "Crimes of Hate, Conspiracy of Silence"

http://www .amnesty .caJ stoptorture/LG BTreport. p. 14

"The imposition of such penalties for same-sex sexual relations must be viewed in the context of the repression of other forms of consensual sexual behavior which are seen to transgress strict religious or political codes, such as sexual relations between men and women outside marriage. Where gender discrimination is enshrined in law, women accused of any kind of sexual activity outside marriage are particularly at risk of such penalties.32

Under some interpretations of Islamic (Shari'a) law, punishment for sexual relations outside marriage, including same-sex sexual behavior, can entail up to 100 lashes for unmarried people and stoning to death for married people. In Afghanistan at least six men were reported to have been publicly crushed to death in two separate cases in 1998 and 1999 after being convicted of "sodomy" by a Taleban court.33 In Chechnya, the Shari'a Criminal Code provides for the death penalty for male homosexual acts. AI opposes the death penalty in all cases as the ultimate cruel, inhuman and degrading punishment."

Amnesty International 2001 Jordan country report

http:/www.amnesty .org

There were at least 21 family or "honor" killings during the year. The Upper House voted to repeal Article 340 of the Penal Code (which exempts from penalty males who murder wives or female relatives on grounds of adultery or reduces the penalty if the victim is found in an "adulterous situation"). However, the repeal was later rejected by the Lower House. There were reports of the refoulement (forcible return) of asylum-seekers at risk of serious human rights violations. At least 10 people were executed and at least 12 people sentenced to death.

AI-Fatiha Foundation, "Homosexuality and Same-Sex Acts in Islam http://www.al-fatiha.net/pamphlet.html

"There is a general consensus amongst the scholars of Islam (both past and present) that homosexuality is a deviation of man's true (heterosexual) nature. Thus the act of homosexuality is sinful and perverted and is viewed with contempt in most Muslim societies and Islamic countries."

General overview of gay and lesbian issues in Jordan. International Gay and Lesbian Association

http://www.ilga.org/Information/legal_survey/middle%20east/jordan.htm#*Laws

The Penal Code of 1951 makes no distinction between sexual intercourse by persons of the same sex or persons of different sexes." (Schmitt and Soefer _ "Sexualityand Eroticism among Males in Moslem Societies") [the Pink Book states that homosexuality is illegal. However Soefer would seem more authoritative and we have no reports of any change between the time of his research and the date of the Pink Book]

"Arabia.com is a popular daily web site published in Amman, Jordan. Because of their quality and consistent update, it has gained popularity and became one of the most respected and visited sites in the Arab world. Recently they published a series of articles on Gay life in the Arab world. The articles were written in a positive and informative fashion. The articles appeared in the weekend edition (7130) and was to remain on line for another week in one of their sections. In less then 24 hours of publication, the articles were pulled off with no explanation. The editors have yet to explain their action. We contacted the writer and some of the contributors who informed us that no reason was given to them either about that decision. A staff member directly involved in the story has resigned." (E-mail alert by Gay and Lesbian Arab Society, 3 Aug 98)

"Family Allegedly Tried to Kidnap Daughter to Jordan", Salt Lake Tribune, October 20, 1999

http://www.ilga.org/Information/LegaI_survey/middle%20east/supporting%20files/famil

y _allegedly _tried_to_kidnap.htm .

"Apparently the daughter, 23, chose an alternative lifestyle and moved in with her lesbian roommate," Sandy police Sgt. Kevin Thacker said. "Her girlfriend [who lives in Sandy] contacted our office and said the victim's family had kidnapped her." Charges filed in 3rd District Court on Tuesday allege the family "lured her to their residence," where they confined her and beat her. The family then threatened to stab her and attempted to take her back to Jordan, charges allege. Thacker said bruises and other injuries backed up the victim's claims. "

Lesbian and Gay Immigration Rights Taskforce, "Gay Men from China, Jordan, Lebanon, Pakistan, Romania, and Russia Win Asylum", Summer 1996.

Gay Man from Jordan Wins Asylum

http://www.lgirtf.org/newslettersISummer96/SU3.html

On March 11, the Immigration Service granted asylum to Mr. H, a gay man froin Jordan. Prior to his flight from Jordan and Saudi Arabia, where Mr. H had permanent residence, Mr. H was the victim of extreme anti-gay persecution. He was kidnapped and repeatedly raped by older men over a two year period. In addition, Mr. H's father abused him for

years because he suspected that he was gay. When his father'S suspicions were

confirmed, he threatened to kill him. Mr. H was unable to receive police protection as homosexuality is criminalized in Jordan andis grounds for execution in Saudi Arabia, where Mr. H resided

Islamic Treatment of Homosexuals by Sulayman X

http://www.outspirit.org/religions/islam.treatment.php

OutRage! adds that Muslim militia groups on the Philippine island of Mindanao have been terrorizing Homosexuals, threatening them with castration in an effort to drive them elsewhere. They say Homosexual relationships are banned in many Islamic countries including Algeria, Bahrain, Bangladesh, Bosnia, Iran, Jordan, Kuwait. Lebanon, Malaysia, Oman, Saudi Arabia, Syria and the UAE. Homosexuality is punishable by death in Iran, Mauritania, Saudi Arabia, Sudan and Yemen. In Malaysia, the Homosexual can be put in prison for 20 years.

State department report http://www.state.gov/g/drllrls/hITpt/2000/nea/836.htm

The police and security forces sometimes abuse detainees physically and verbally during detention and interrogation and allegedly also use torture. A number of beatings while in police custody were reported to human rights activists during the year. The security forces arbitrarily detain and arrest citizens. The government detains persons including journalists for varying amounts of time for what appears to be political reasons.

Shari'a in the country is applied in all matters relating to family law involving Muslims and children of a Muslim father.

Violence against women is common and reported incidents do not reflect the full extent of the problem. Spousal abuse occurs frequently but cultural norms discourage victims from seeking medical or legal help, making it difficult to asses the extent of such abuses. Abused women have the right to file a complaint against their spouses for physical abuse but In practice familial and social pressures discourage them from seeking legal remedies. Marital rape is not illegal. Wife battering is technically grounds for divorce but the husband may seek to demonstrate that he has authority from the Koran to correct an irreJegious or disobedient wife by striking her.

According to Article 340 of the Penal Code, a "crime of honor" defense may be invoked by a defendant accused of murder who "surprises his wife or any close female relative" in an act of adultery or fornication, in which case the perpetrator is judged not guilty of murder. Most defendants are tried for manslaughter and even those convicted of murder rarely spend more than two years in prison. Attempts to eliminate Article 340 have failed to date.

Women experience legal discrimination in matters of pension and social security benefits, inheritance, divorce and the value of court testimony where a woman" testimony is worth half of that of a man. The law requires that a married woman obtain her husband's permission to obtain a passport.

Past Cases: Canadian Refugee Division Decisions

KEYWORDS - REFUGEE DIVISION - SEXUAL ORIENTATION - HOMOSEXUALS - DELAY - MALE _ BENCH REASONS- POSITIVE - PAKISTAN

The claimant was a Pakistani homosexual. Homosexuality is illegal inPakistan and is punishable by two years to life imprisonment and by a hundred lashes. Homosexuals have no legal protection from discrimination, and there is no visible support for gay and lesbian rights. The Refugee Division, relying on Kassatkine, Serguei v. M.e.I. (F.C.T.D., no. IMM-978-95), Muldoon, August 20, 1996, found that the relevant Pakistani legislation is patently persecutory. If the claimant returned to Pakistan, he could either continue to live in the closet, or live as a gay man and risk punishment. Either option raised a serious possibility of serious harm. The claimant's delay and his failure to claim in the United States were not determinative given that there were no other bases upon which to doubt his subjective fear of persecution or his credibility. Moreover, his explanation concerning this issue was plausible. CRDD T99-03109, Bousfield, July 12, 1999 (reasons signed August 11, 1999).

http://www.irb.gc.ca/en/decisions/reflex/index_e.htm?action=artic1e.view&id=2145

KEYWORDS - REFUGEE DIVISION - WOMEN REFUGEES - SEXUAL ORIENTATION - LESBIANS - CREDIBILITY - PARTICULAR SOCIAL GROUPGENDER - GENDER-RELATED PERSECUTION - FEMALE - NEGATIVE - IRAN

The claimant claimed to be a lesbian and asserted a fear of persecution at the hands of her father and the government of Iran. She claimed that she had to leave Iran when her former lover informed her university of her sexual orientation. The Refugee Division found the claimant's testimony about that incident to be inconsistent and unreliable. Moreover, her alleged fear that the authorities were after her in Iran was inconsistent with the fact that she took her university diploma to a government office for translation before leaving the country. The Refugee division was not persuaded that the claimant was a lesbian. Even if the claimant were a lesbian, there was not more than a mere possibility . that she would face persecution in Iran. According to recent documentary evidence, although Muslim laws punish homosexuality by death, homosexuals are rarely tried or sentenced. The Refugee Division reviewed various documentary evidence on this issue. While the claimant's father had allegedly disowned her after discovering her sexual orientation, this did not provide a basis for a fear that he wanted to kill her.

CRDD TAO-05930, Sealy, Rickwood, May 17,2001.

http://www.irb.gc.ca/en/decisions/reflex/index_e.htm?action=search

KEYWORDS - REFUGEE DIVISION - PARTICULAR SOCIAL GROUP - SEXUAL ORIENTATION - LESBIANS -DOMESTIC VIOLENCE - WOMEN REFUGEES - GENDER - GENDER-RELATED PERSECUTION - CHILDREN - CUSTODY - STATE PROTECTION - INTERNAL FLIGHT ALTERNATIVE - FEMALEPOSITIVE - MEXICO

The claimants alleged a fear of persecution by reason of their membership ina particular social group: lesbian partners who are victims of domestic violence. The principal claimant was divorced. When the principal claimant's ex-husband found out about her romantic relationship with the other claimant, the other claimant was attacked in her home by two men. She reported the incident to the police, who refused.totake any action because she was a lesbian. Both claimants were later brutally attacked in their home by policemen who were hired by the principal claimant's husband. The Refugee Division found that the claimants suffered persecution in the past and would be likely to suffer persecution in the future, and that state protection was not available to them since the agents of persecution were the police. An internal flight

alternative (IFA) was not available to the claimants, as the principal claimant's husband would not tolerate the mother of his child living openly in a lesbian relationship anywhere in Mexico. The principal claimant had testified that she would seek legal custody of her child if she returned to Mexico, an action which would attract the unwanted attention of the agents of persecution. The Refugee Division also noted that the claimants had attempted to relocate elsewhere in Mexico, but were sought out by the agents of persecution. The Refugee Division considered the Gender Guidelines