Gays In Bahrain: Arrests And Persecution

Although same-sex sexual activity was decriminalised in Bahrain in 1976, members of the LGBTQ+ community continue to face legal challenges and discrimination. While there is no explicit criminalisation of same-sex relations, authorities have used vague penal code provisions against indecency and immorality to target gender and sexual minorities. These laws allow for sentences of imprisonment, fines, and deportation.

In October 2021, members of parliament proposed a bill to amend the penal code to include stricter punishments for those expressing support for the LGBTQ+ community. This reflects the conservative attitudes and religious values prevalent in Bahrain, where public opposition to homosexuality is widespread.

In this context, gays in Bahrain can be arrested for various reasons, including public displays of affection, owning a rainbow flag, or declaring their homosexuality.

Public displays of homosexuality

While same-sex sexual activity was decriminalised in Bahrain in 1976, laws against indecency remain and are used to target gender and sexual minorities. Although there is no explicit criminalisation of same-sex relations, authorities have used vague penal code provisions against "indecency" and "immorality" to target these minorities.

In addition, Article 355 of Bahrain's Penal Code (1976) brings about a penalty of up to two years in prison and a fine for individuals who print, import, own, or exhibit publications, pictures, films, or similar items that are deemed to contravene public morals.

These laws have been used to target public displays of homosexuality in Bahrain. For example, in 2021, members of parliament proposed a bill to amend the penal code to include articles that would criminalise raising a flag or slogan, promoting ideas and beliefs, or attending any gathering of homosexuals. This bill, if passed, would further restrict public displays of homosexuality in the country.

The Bahraini government has also launched campaigns targeting foreign workers, particularly in massage parlours, where homosexual acts allegedly take place. While homosexual activity in private is not specifically criminalised in Bahrain, the government has used vague laws against indecency and immorality to target individuals suspected of being LGBTQ+.

Homosexuality and immigration

In Bahrain, homosexual activity is not explicitly illegal and was decriminalised in 1976. However, there is a prevailing social stigma against the LGBTQ+ community, and authorities have used vague penal code provisions against "indecency" and "immorality" to target sexual and gender minorities. These laws allow for sentences of imprisonment, fines, and deportation.

Legal Status of Homosexuality in Bahrain

Bahrain is a liberal country compared to its regional neighbours, but many Bahrainis hold conservative social views. While same-sex sexual activity between consenting adults over the age of 21 is not criminalised, sodomy is illegal. There have been reported cases of individuals punished for same-sex activity, but arrests for homosexual behaviour are relatively rare.

Immigration and LGBTQ+ Rights in Bahrain

Bahrain has launched campaigns targeting foreign workers, particularly those from the Philippines, employed in massage parlours and other locations where homosexual acts allegedly take place. While there is no specific criminalisation of homosexual activity in private, several articles in the penal code can be used to target LGBTQ+ individuals. These include laws requiring people to follow local Islamic traditions, with punishments ranging from fines to imprisonment and deportation for non-Bahrainis.

Social Attitudes and Stigma

Bahraini society largely adheres to Islamic religious values and traditions, and showing disrespect towards these beliefs is considered deeply offensive, often resulting in heavy fines and/or imprisonment. The LGBTQ+ community faces entrenched social stigma, and public opposition to homosexuality is widespread. This negative perception of homosexuality is reflected in the media, with local newspapers and news channels frequently publishing articles and content that condemn and attack the LGBTQ+ community.

Regional Context

Bahrain is not an outlier in the Gulf region regarding its stance on homosexuality. Other countries, including Saudi Arabia, Kuwait, and Qatar, have also tightened laws and intensified campaigns against homosexual relations. These countries share a goal of preserving customs, traditions, and religious and societal values, often resulting in the deportation of foreign nationals accused of or caught engaging in homosexual acts.

While homosexual activity may not be explicitly criminalised in Bahrain, members of the LGBTQ+ community face significant legal and social challenges due to conservative attitudes and the utilisation of vague indecency and immorality provisions in the penal code. These laws and societal norms can have a detrimental impact on the lives of LGBTQ+ individuals, making it difficult for them to live openly and safely in Bahrain, whether they are citizens or foreign nationals.

Censorship of LGBTQ+ issues

In Bahrain, censorship of LGBTQ+ issues is enforced through imprisonment as punishment. Article 355 of the country's 1976 Penal Code imposes a penalty of up to two years in prison and a fine on individuals who produce, possess, or display publications, images, films, or symbols that are deemed contrary to public morals.

While same-sex sexual activity between consenting adults over the age of 21 is not explicitly illegal in Bahrain, authorities have used vague provisions against "indecency" and "immorality" in the penal code to target LGBTQ+ individuals. These provisions allow for sentences of imprisonment, fines, and deportation.

In October 2021, members of the Bahraini parliament proposed a bill to amend the penal code, which included criminalizing the display of LGBTQ+ symbols, promotion of LGBTQ+ ideas and beliefs, and participation in LGBTQ+ gatherings. The proposed amendments carried a penalty of up to five years' imprisonment and a substantial fine.

Bahrain's conservative social values and interpretation of Islamic law heavily influence its stance on LGBTQ+ rights and expression. The country's laws and policies reflect a broader pattern in some Islamic societies where new scientific and technological developments, such as the internet, have faced resistance or controversy.

The Bahraini government has also launched campaigns targeting foreign workers, particularly those from the Philippines, in industries such as massage parlors, where homosexual acts allegedly take place. Additionally, the commerce ministries in Bahrain, along with Saudi Arabia and Kuwait, have warned against the importation of children's toys or products featuring rainbow colors, which are associated with LGBTQ+ pride.

The censorship and criminalization of LGBTQ+ issues in Bahrain have led to arrests and negative social consequences for individuals who do not conform to societal norms and expectations.

Legal recognition of same-sex relationships

Same-sex relationships are not legally recognised in Bahrain. While same-sex sexual activity was decriminalised in 1976, laws against indecency remain and are used to target gender and sexual minorities.

In 2021, members of parliament proposed a bill to amend the penal code, which would include the addition of two articles criminalising the promotion of homosexuality and the organisation of any gathering of homosexuals, punishable by up to five years' imprisonment and a fine.

Bahrain is a liberal country compared to others in the region, but many Bahrainis hold conservative social views. While same-sex sexual activity between consenting adults who are at least 21 is not criminalised, sodomy is illegal. There have been reported cases of individuals being punished for same-sex sexual activity, but arrests for homosexual behaviour are relatively rare.

Islamic religious values are greatly respected in Bahrain, and showing any disrespect towards religious beliefs or practices is considered deeply offensive and likely to result in heavy fines and/or imprisonment.

Imprisonment as punishment

Although same-sex sexual activity was decriminalised in Bahrain in 1976, there are still laws against indecency that are used to target gender and sexual minorities. These laws allow for sentences of imprisonment, fines, and deportation.

In 2021, members of parliament proposed a bill to amend the penal code to include the criminalisation of "raising a flag, slogan, or any sign symbolizing homosexuals", " [promoting] the ideas and beliefs of homosexuals, and " [inviting, organizing or attending] any gathering or meeting of homosexuals", with punishments of up to five years' imprisonment and a fine of 3,000-5,000 dinars.

Article 355 of Bahrain's Penal Code (1976) enforces a penalty of up to two years in prison and a fine on individuals who print, import, export, own, possess, carry, or exhibit publications, drawings, pictures, films, symbols, or similar items that are deemed to contravene public morals.

In 2024, several people were arrested from a local bar on claims of "immorality".

In neighbouring Kuwait, at least 14 people were imprisoned for "imitating the opposite sex in any way" within a couple of weeks of the penal code being amended to criminalise this.

In practice, arrests for homosexual behaviour in Bahrain are relatively rare.

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