IO 2 RESEARCH PAPER

State-Sponsored Discrimination Against the LGBTQ+

Community in Islamic States

A glimpse of ILGA and its quest on the pursuit of equality

Kayla Anasya Afriandy

S3951162
Word Count: 2675
 Table of Contents

Introduction 2
Initial Cause of LGBT Oppression: A Brief Historical
Background 3
Case Study 4
Assessment and Analysis 5
Conclusion 6
Bibliography 8

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Introduction

Portraying current research concerns and debates, the different ways in which states
comprehend sexuality and the ways in which individuals encounter it, have caused
controversies that arose in the international community. Members of the LGBTQ+ community
living in countries with strong Islamic convictions face unremitting discrimination in almost every
field of social life (Yılmaz & İpek, 2016). With a rising number of countries positioning
themselves on the (far) right end of the political spectrum, state-sponsored prejudice against the
queer community has become more visible in the international arena through the prevalence of
referendums on the issue (Bohlander, 2014). Based on the Yogyakarta Principle 33, “Everyone
has the right to be free from criminalization and any form of sanction arising directly or indirectly
from that person’s actual or perceived sexual orientation, gender identity, gender expression or
sex characteristic”. Also, Yogyakarta Principles 2(b) and 6(b) states that “States shall repeal
criminal and other legal provision that prohibits or are, in effect, employed to prohibit consensual
sexual activity among people of the same sex who are over the age of consent” (ILGA, 2019,
p.179). Nevertheless, approximately 35 percent of the UN member states in almost all regions
of the world have ignored the existing theory, of which many of them have entrenched Islamic
principles.

Tolerance is recognized in the notion of democracy and equality, which is absent in the more
conservative states, as an attribute and as a critical principle. The International Lesbian, Gay,
Trans and Intersex Association (ILGA) has tried over the years to battle and cultivate new and
inventive ways of fighting discrimination and fostering social inclusion in the global society. Even
though UN ECOSOC had approved ILGA, a substantial proportion of UN member states have
conflicts of interest in the policies, agendas and objectives of the organization. ILGA publishes
an annual report focusing on the gains and drawbacks of State-sponsored homophobia (ILGA,
2019, p.23). In addition, ILGA intends to keep oral conferences and panels on different matters
that are seen as a primary consideration for its member organizations, namely state-sponsored
homophobia.

Countries with a profound Islamic ideology have long had a solid and rooted view on their ways
to reduce and "handle" the LGBT+ population. Domestic disciplinary codes as well as other
forms of persecution have been enforced against LGBT+ inhabitants. This research paper will
illustrate and concentrate on the empirical case of state-sponsored oppression in Muslim states
and on a macro-level study of the political and social circumstances of life of LGBT people in
Islamic states and the pressure to live up to religious preconceptions that clash with their
self-identity.

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In view of the problems found, this paper would like to suggest the following feasible research
question:
“ To what extent does ILGA’s campaign politically effective in minimizing prejudice against the
LGBT+ citizens in Islamic countries and what is the effect of this bigotry to the whole
community”

To explore further into the subject and the root cause of oppression against the LGBT+
community, this paper will first discuss briefly the historical background of the relationship
between Islam and homosexuality which originated from the Quran. Case studies that
showcase apparent prejudice in Islamic states will then be discussed to provide a better
illustration of the occurring matter and to highlight penal codes made by the aforementioned
states. From there, based on the analysis of the material collected, data on social discriminatory
experiences will be classified and evaluated in order to compare their impact on various
countries and to assess the efficacy of ILGA.

Initial Cause of LGBT Oppression: A Brief Historical Background

Throughout history, heaps of empirical evidence have validated that homosexual demeanors
have existed for centuries and that the phenomena of same-sex relationships had taken place
for as long as the earliest civilization of mankind. For a long time, people that belong to the
LGBT community have been seen as ‘outcasts’ and classified as a divergent sector of the
population, not only in Islamic countries but also in most places of the world.

The question as to how discrimination against the queer community came about has been
asked countless times throughout history. The most apparent and frequently used answer would
originate from religion, like Islam. According to Islam, the notion of sexuality entails dual sex
roles, where sexual intercourse is only permissible between married couples of the opposite sex
(Bilancetti, 2001), assuming heteronormativity amongst its believers. The context of
homosexuality in Islam is often linked to the story of Sodom and Gomorrah in the holy Quran (or
Koran). In this narrative, the Islamic Prophet Lut stated that “Indeed, you approach men with
desire, instead of women. Rather, you are a transgressing people'' (Quran, 7:80). Taking into
account this idea, it is safe to acknowledge that any form of same-sex act is highly condemned
by the religion (Hildebrandt, 2015).

In addition, the traditional Islamic view of homosexuality also takes into account the Hadith (
stories covering the statements and deeds of the Great Prophet Muhammad). In one of the
Hadith, Prophet Muhammad stated, “No man should look at the private parts of another man,
and no woman should look at the private parts of another woman, and no two men sleep under
one cover, and no two women sleep under one cover” (Duran, 1993, p. 182).

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Through the interpretation of the Quran and Hadiths by experts, the prohibition of same-sex acts
is embedded in, Islamic law, sharia, which regulates all facets of people in countries that actively
implement this law, leading to the state-sponsored homophobia existed even until today. Along
with that, many Muslims find homosexuality as an option and see gays, lesbians and
transgender as deliberately seeking to challenge the will of Allah (Bonthuys and Erlank, 2012).
This, in the presence of Allah, same-sex intimacy is considered immoral and deviant, and is
considered as haram or forbidden (Yip, 2009). In many Muslim majority countries in the Middle
East and Africa, these values have been amplified and enforced by the lack of legal rights and
the prevalence of harsh punishments for sexual minorities, which further evoke bigotry.

Case Study

Oppressive and prejudicial laws criminalize personal, consensual same-sex partnerships in at

least 76 countries - including Iran- jeopardizing vast numbers of people to the risk of
prosecution, conviction and incarceration – and even the death sentence across at least five
nations. These policies generally actively discourage either predefined forms of sexual
interaction or any affection or sexual activity between members of the same sex. Amongst those
countries, state legislation does not explicitly ban discrimination on the grounds of gender
identity and sexual orientation in areas such as jobs, housing, access to facilities and clear
security for LGBT individuals at national level. Without these rights, LGBT people worldwide lack
adequate redress and compensation when they are discharged, evicted, or denied service on
the basis of their sexuality or gender identity.

Iranian legislation criminalizes all sexual encounters outside the conventional confines of
marriage. Same-sex behavior, regardless of whether it is consensual or compelled, is explicitly
mentioned in the Criminal Code of Iran (hrw.org). Iran's Islamic criminal procedure code
describes lavat (sodomy) as sexual intercourse among males, whether it involves penetration or
not. Same-sex relationships between females, or mosaheqeh, are also subject to punishment.
In both circumstances, the suspect may only be prosecuted if they are decided to be mature, to
have a healthy judgment and to willingly take part in the act. Same-sex conduct between two
men is punishable by the death penalty if it is established that these conditions are met by both
parties. The mode of execution is at the discretion of the court (Islamic penal code, Iran).
Although the law does not explicitly aim homosexuals and is relevant to any adult engaged in
same-sex activity (regardless of whether they self-identify as gay, bisexual, heterosexual or
transgender) is, in exercise, applied overwhelmingly to members of the sexual minorities in Iran
(hrw.org). Iran's LGBT community are often harassed, discriminated against, and abused by
private actors, which include family members and society in general. In Iran, sexual minorities
are incredibly susceptible to these violations because federal law criminalizes same-sex activity
and mandates a death penalty for this same-sex behavior.
ILGA, along with other primary international actors have been continuously providing a platform
for advocacy regarding the matter in the international realm, as well as act as supervisors to

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decriminalize same-sex act in Iran. In ILGA’s ‘Universal Periodic Review’, ILGA had given Iran
“three recommendations regarding decriminalization and discrimination on the basis of social
orientation and gender identity. Along with ILGA, the Human Rights Committee had also voiced
out its apprehension regarding Iran’s penal code, especially the death penalty (ILGA, 2019,
p.442). The HRC assert that Iran should “repeal or amend all legislation which provides for or
could result in discrimination against, and prosecution and punishment of, people because of
their sexual orientation or gender identity” and to “take all necessary legislative, administrative
and other measures to eliminate and prohibit discrimination on the basis of sexual orientation,
including with respect to access to employment, housing, education and health care, and to
ensure that individuals of different sexual orientation or gender identity are protected from
violence and social exclusion within the community” (ILGA, 2019, pp.442-443).

Assessment and Analysis

Most LGBT individuals in Iran have always been conscious of their distinctions with others, and
this understanding has helped individuals to achieve a certain degree of social tolerance by
embracing these differences and has created an identity disparity between this marginalized
group and the rest of society (Mohammaddi, 2017). Queer individuals have claimed that a
feeling of "extreme loneliness, reclusiveness and depression " had emerged upon them as a
result of their lack of inclusion in the Islamic community as a personal experience, followed by
knowledge and understanding of their difference with others (Meyer, 2003). Hendricks and Testa
(2012) affirm that feeling alone, anxiety and depression distress among LGBT people are linked
to being a persecuted minority. Through the assessment of cases on a micro-level, it is safe to
imply that the effect of mental health problems amongst marginalized LGBT individuals can
impact the community within a nation as a whole. However, such concerns are not prioritized by
most policy-makers and medical professionals, resulting in a serious lack of comprehensive
data. This highlights the importance of ILGA’s advocacy that fights for equal rights and
well-being of the LGBT+ people, especially in countries like Iran. Through its ‘Gender Identity
and Gender Expression Programme’, ILGA aims to tackle the problem of identity on both global
and regional scale with the assistance of the UN and other International organizations by
releasing the ‘Trans Legal Mapping Record’. This document was designed mainly as an
instrument of advocacy for trans human rights activists to provide information on how laws ,
regulations or legislation are implemented and how trans-communities manage these
procedures in practice (ILGA, 2017, p.3)

In order to assess its effectiveness, it is crucial to evaluate ILGA 's duty on “advocacy, capacity
building and diversity” – three foundations of its Strategic Plan – that focused on protocols
inside the United Nations to supervise and evaluate the devotion of member states to human
and civil rights. ILGA plays a pivotal role in “convening, networking, building alliances, research
and information exchange on LGBTI issues globally” (sida.se). ILGA is a regional information
hub on LGBTI socio-economic and regulatory issues. The ILGA guideline for expected
outcomes over the period of the Strategic Plan does not make a distinction between

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achievements, results and its effects. Almost all of the predicted outcomes of the Strategic Plan
have been deemed as outputs with few national-level success. ILGA has made major
contributions to the progress of global activism of LGBTI movements and collaboration between
organizations around the world. The most notable example is the long-term and prosperous
activism of the UN Independent Expert on protection against violence and discrimination on the
basis of gender identity and sexual orientation (sida.se).

Capacity building of ILGA to give advocates the competence to partake in SOGIESC (Sexual
Orientation, Gender Identity and Expression and Sex Characteristics) issues in their countries
were equally appropriate. ILGA's capacity building on activism goes further than UN
organizations, and members gain general knowledge and skills concerning advocacy which can
be applied to other human rights structures in both national and international arena. It remains a
major challenge to govern ILGA 's conduct more towards nations. Coaching and
perspective-sharing events take place at the community level and are highly valued, but
monitoring of results at the national level should be intensified. This is tightly correlated to the
strengthening of the ILGA regional structure in Islamic states (sida.se).

ILGA finances and creates its budget based on its five-year strategic framework for its
continuous evaluation and discussion of LGBTI needs and priorities. ILGA-Europe 's funding
primarily comes from organizational funders from both public corporate or private philanthropic
work. The European Commission funds 31 per cent of its expenditure through an administrative
grant to aid general governance and management, cooperation with legislators and policy
research. 47% is project-specific financing, enabling the movement to be resourced and
campaigns tactics to be supported at state level, as well as capacity building for ILGA and its
affiliates in various fields. Another, 13 per cent are key grants provided by private donors that
are utilized to support parts of the budget that need the most money. Even though ILGA earns
funds from all of the above sources, ILGA's priority lies on remuneration and capacity building of
the organization. Thus, it implies that ILGA has low financing flexibility and its ability to allocate
financial resources where they are most required is diminished (ILGA-Europe.org).

Conclusion

State-sponsored discrimination against the LGBT+ community is highly apparent in states

where deep-rooted Islamic belief has existed for decades. In those countries, penal codes that
criminalize citizen that belongs to the LGBT community or individuals that are caught (or
accused) performing same-sex acts are implemented. Islam’s stands regarding homosexuality
can be traced back to verses written in the Quran as well as statements made by Prophet
Muhammad in his Hadiths. Countries that enforce sharia law interpret what was written in the
Quran and adopt it to its national law, policies that govern almost all aspects of social life. Iran,
one of the few countries that implement sharia law, is the most adequate empirical case to be
utilized for this matter. Iranian legislation has been implementing harsh penal codes that

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criminalized same-sex acts. It is amongst the five countries that persecute the death penalty for
‘culprits’. Not only that LGBT individuals are not protected by the law against discrimination from
private actors occurring within the household, education system and workplace. Not only that,
most are also denied basic human necessities, like healthcare. Although this has been the case
for many years, the international community refuses to be silent on this issue. ILGA, along with
various international actors have been creating a framework to reduce the criminal charges
against LGBT individuals and to decriminalize the act once and for all.

The effect of state-sponsored discrimination is vivid amongst members of the LGBT community.
Due to prejudice faced almost on a daily basis, serious harm on both mental and physical health
can occur. In the international realm, ILGA has been particularly successful in raising awareness
regarding the issue and monitoring state activities and their commitment to international human
rights statute. However, the rigid rules and regulations regarding same-sex relationship, that is
clearly forbidden in islam, imposes a great challenge for ILGA in these environment. Even with
the creation of ILGA world conference and their complex set of supervisory documents, the
challenge in decreasing discrimination and bigotry towards the LGBT+ community still lies with
the strong rooted Islam’s perspective on the communities and the difficulty in changing the
opinion of policy-makers. Thus, in practice, imposing solid actions to promote anti-discriminatory
law on countries, especially one that enforced sharia law, will remain a big challenge and
obstacle for ILGA. Moreover, another major obstacle faced by ILGA lies in its allocation of
limited funds. As ILGA relies heavily on its sponsors and no membership fees, some priority
areas fail to gain the adequate funds needed for the movement to be more effective.

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