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Political and Clerical Confrontation: New Developments in the LGBT+ Rights Battle in Lebanon

The confrontation waged by political forces and clerics against members of the “LGBT+” community in Lebanon has taken a new turn, with the two parties to the conflict resorting to parliament, using a new weapon of a legal nature.

Resorting to legal weapons began in secret, only to reveal a few days ago that nine deputies from several parliamentary blocs signed, on July 12, a law proposal to abolish “Article 534” of the Penal Code, which states that “every sexual intercourse contrary to nature is punishable by imprisonment.” One year”, which is the article on which some judges rely to criminalize homosexuals, although it is broad and does not define the concept of “nature” and what is considered contrary to it.

On the other hand, a draft law titled “Combating Homosexuality in Lebanon”, prepared by the Union Center for Research and Development and issued on July 31, was leaked, deliberating that whoever stands behind it and wants to put it in Parliament is the “Loyalty to Resistance Bloc” affiliated with Hezbollah, but The deputy in this bloc, Amin Shri, denied this in connection with the “Al-Hurra” website, asking: Why would such a project be put forward in light of the existence of Article 534 of the Penal Code?

To find out who asked the Union Center for Research and Development to prepare the draft law, Al-Hurra website contacted the center, and the secretary, Hussein Ayoub, replied that “it was not prepared for any party, but rather as a private opinion of the center that has nothing to do with any party.”

In addition to the criminalization of homosexuality itself, there are also efforts to limit the punishment to promoting it, in a draft law prepared by a legal team commissioned by Deputy Major General Ashraf Rifi.

In an interview with the “Al-Hurra” website, Rifi confirmed that “the completion of this project will take between three to four weeks, and its background is due to the Lebanese society’s rejection of homosexuality and its consideration of homosexuality as a blow to its nucleus,” stressing that “we cannot deny the existence of homosexuals, but in the same At the same time, homosexuality cannot be considered a natural phenomenon that must be helped, supported and stood by it.”

And on Tuesday, the head of the Lebanese caretaker government, Najib Mikati, discussed, during a consultative meeting that brought him together and ministers with the Maronite Patriarch Mar Beshara Boutros Al-Rahi in Diman, the issue of “homosexuality”, after which Mikati announced that “there is a consensus among everyone to adhere to the Lebanese spiritual, moral and family values.”

The meeting concluded with agreement on several points, including a call on all authorities, private and official educational and media institutions, live civil society forces, and the Lebanese people with all their affiliations, to cling to the national identity, its public morals and ethics inherited from generation to generation, and its faith values, especially the value and protection of the family, and to Confronting ideas that contradict the Creator’s order and the principles on which the Lebanese are unanimous.”

“elastic and stretchy” material

The attack on the “LGBT+” community intensified, with the Secretary-General of Hezbollah, Hassan Nasrallah, launching last month a social, cultural and intellectual battle against it, considering it a battle that goes beyond a “party or sect” to “the battle of all society with its Muslims and Christians,” stressing On “the necessity of confrontation by all means, and without a bishop.”

Nasrallah’s speech called for reactions in support and opposition, including what was announced by the representative, Marc Daou, in a post on the “X” platform, in which he expressed his support for gay rights, and wrote, “Rainbow is a state that appears in nature, if it is natural! Denial and criminalization of nature.” It is not normal.”

After that, it appeared that Daou was one of the signatories to the proposed law to abolish “Article 534” of the Penal Code, which also provides for the dropping of lawsuits, judgments, and prosecutions, and the cessation of prosecutions that were taken before the entry into force of this law, and that none of the cases, lawsuits, and files covered by this law may be referred to any judicial reference. And to cancel all legal texts that contradict this law or that are inconsistent with its content.

In an interview with the “Al-Hurra” website, Daou stressed that “the proposal to cancel this article is due to its being rubbery and unclear, and because it is used selectively and discreetly to put pressure on the detainees during the investigations and to harass them in ways that are as close as possible to attacking them, away from any moral or human standard.”

He added, “There are also several judicial rulings whose translation contradicts this article,” stressing that this proposal is in line with the international conventions and treaties that Lebanon has signed, which have become part of its international obligations in addition to its commitment at the forefront of its constitution to protect human rights.

Regarding the campaign launched against the gay community, he commented: “Traditional political forces, especially sectarian ones, incite against all weak groups in society as part of intimidating public opinion, sometimes under the slogan of defending religion and at other times under the slogan of defending society, inventing imaginary enemies to justify Its failure to manage the country’s affairs through the government it supports or the parliament that constitutes its majority, and to evade answering citizens’ inquiries about basic economic, financial and service issues that concern them.

ceiling demands

Because of his signature on the same law proposal that Daou signed, member of the “Strong Republic” bloc, Representative George Okis, was subjected to a violent attack on social media, which prompted him to publish what he called “the full account of the issue of ‘gays and homosexuals’” in a post on his Facebook page. Social networking site “exeIt states, “There is no similar text in most of the current Arab or foreign legislation, and this legal text is often used in preliminary investigations without its legal place, especially since there is no clear definition of the crime, knowing that many judicial rulings refused to apply it.” Article 534, as it degrades human dignity and has become obsolete, i.e. incompatible with the legislative environment of the state.

Aqis stressed that “the proposal we submitted has nothing to do with the legalization of homosexuality or same-sex marriage, as there was a consensus among the signatory deputies to reject this,” and that the campaign targeting him “proves how poisonous our society is with ignorance first, with hatred second, and with malice third.” And not finally.”

And Aqis, who claims to be keen on the teachings of the Church, reminded of what the Lord Christ said: “Who among you is without sin, let him throw a stone at her,” and “How many sinners are stoned in our days.” Others, about the process of humanizing this violent society that is immersed more and more in ignorance of violence, hatred and rejection of the other, and I am fully aware that human rights are taken away at the same time from the power of the authorities and the walls of minds and souls.

This legal article is used, according to the LGBT activist Domit Azzi, to criminalize homosexuals, and he stated that its consequences are not limited to their imprisonment, as it stands as an obstacle in their way in the event that they fall victim to physical or sexual abuse, as they fear that they will be arrested if they file a complaint. And the security revealed that they were gay, as then they would turn from victims into criminals.

The ceiling of the law proposal adopted by the nine deputies is not to criminalize homosexuals, according to what says the executive director of the “Proud Lebanon” association defending gay rights, Berto Makso.

And he assures the “Al-Hurra” website that “most of what we want is not to be treated like criminals, no one on this earth is without sin, so let them leave God to hold everyone accountable and not to a civil law drawn up by people among them who do not have knowledge of international law and Lebanon’s obligations, so the recent draft anti-homosexuality law does not It not only contradicts human rights, but also freedom of expression.”

And the National Commission for Human Rights in Lebanon considered, in July of last year, that the anti-LGBT discourse undermines rights, reiterating in a statement its call on Parliament to approve a draft law abolishing Article 534.

“criminal seriousness” and imaginary punishment

None of the parliamentary blocs adopted the leaked “homosexuality bill in Lebanon”, the first article of which defines the term “homosexuality” as “the practice of an obscene act, which is an infringement of religious, legal and moral values, which entails a criminal risk that makes it a crime according to the law.” Penalties cause social effects, the most important of which is the destruction of the human race as a result of limiting reproduction among human children, as well as stimulating the atheism movement and confronting the divine legal limits, violating all taboos and destroying the system of evaluation of society.

In its second article, the draft law calls for “intensifying the penalty to deter any individual from practicing such acts that violate public morals, human morals, and societal values,” while the third article criminalizes “the practice of homosexuality, whether by the will of the parties or not, and without specifying the legal age, as it is a contrary act.” religious and legal rulings for all Lebanese sects and normal societal norms.

Article 4 criminalizes “homosexual behavior, whether it is between males, females, transgender people, or transgender people, so that it becomes a felony that requires severe punishment, as it is a kind of behavior that contradicts human nature and human instinct, and whose conduct is considered hostile to what society believes in in terms of values, beliefs, and customs.” traditions and legal rulings.

As for Article Five, it stipulates the criminalization of propaganda and promotion of “the culture of homosexuality,” while Article Six defines the penalty for anyone who promotes this culture with a maximum prison sentence of seven to ten years with a fine to be determined by the court, and Article Eight stipulates “expanding the criminalization of homosexual relationships.” Outside Lebanon, including special provisions for the Lebanese who engage in such relationships outside the country and promote them by all means, and hand them over to the Lebanese authorities to be punished in accordance with this law.

With regard to the punishment for those who practice “homosexuality”, according to what is stated in Article 9 of the draft law, it is “aggravated solitary confinement attached to a health and psychological briefing for a period of ten years or more, with an obligation to pay a fine and attorney’s fees.”

‘Reactionary and repressive project’

“It is well known that the research center that prepared the draft anti-homosexuality bill is very close to Hezbollah,” says Azzi, who described the project as “intimidating,” “reactionary,” and “oppressive,” and that it is an extension of Nasrallah’s threatening and intimidating rhetoric. The articles it stipulates set Lebanon back hundreds of years, and place it at the lowest level of the international scale for human rights and freedoms. Even Iraq, where Iranian influence over militias is greater than Lebanon, did not pass such a law, and the same is the case in Jordan, where the Muslim Brotherhood failed to pass a law. similar”.

With regard to the draft law that Rifi is preparing, it contains, according to Azzi, inaccuracies, “the fact that homosexuality is not a commodity that can be promoted, it is either in the human being or it is not, and most of what Rifi aims for in his impulse against homosexuals is to invest in the unjustified and fabricated state of panic.” Among the Lebanese, as well as Neil Rida, senior clerics who stand in the way of canceling Article 534 in an attempt to reach the prime ministerial seat.

Regarding the consultative meeting in Al-Diman, Azzi commented: “Discussion of the issue of unified standards for dealing with homosexuality and what is being discussed about attempts to change the educational curricula, although the Educational Center for Research and Development and the Ministry of Education work under the management of Mikati, and employees from the center with whom I communicated asserted that there is no intention Start to amend educational curricula to include sexual upbringing and concepts related to sexuality and gender.

And the Minister of Education, Abbas al-Halabi, commissioned, last month, the Director General of Education and the head of the Educational Center for Research and Development, to conduct an audit of the content of the activities fund allocated to summer school students, including exercises, games and activities, after pictures of a book that encourages homosexuality spread, so that it became clear after checking that it is “available.” In Canada, it is among the bodies that adopt sexual selection.

The Ministry affirmed in a statement that it and the Educational Center for Research and Development “respect the laws and are keen to scrutinize the content of any educational activity before allowing it to be entered into schools and within the activities,” extending appreciation and thanks to “My Book Project funded by the US Agency for International Development, for its support of the summer school and other important projects.” Very educational.”

It is noteworthy that the “Human Rights Watch” organization indicated a few days ago that “anti-LGBT discourse undermines rights in Lebanon,” pointing to the many real-life consequences of targeting members of this community on the Internet, including exposure to extortion, exposing their sexual orientation, and domestic violence. and arbitrary arrest by the Lebanese Internal Security Forces.

Since 2017, the Lebanese security forces have been accustomed, according to the international organization, to “constantly interfere in human rights activities related to sexuality and gender,” considering that “the failure of the Lebanese government to reform laws and policies that discriminate against the LGBT community, in addition to the failure of the security forces to protect Members of this community of violence contribute to fueling violence against its members and suppressing activity in support of their rights.

“Nevertheless, activism, including the defense of LGBT rights, will continue in Lebanon. State and non-state actors should support freedom of expression and assembly for LGBTQ people and rights defenders, and not attempt to undermine their basic human rights,” she added.

Azzi believes that “it was more useful for those who fight the LGBT community, instead of creating an imaginary enemy and fighting it and making it a scapegoat,” pouring their efforts “to find solutions to the crises that Lebanon is going through, such as medicine, education, food, and others. Their supporters deserve that, and not distract them from their suffering with imaginary issues.” “.


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2023-08-09 21:53:18

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