NGO Written Statement for the 33 rd CEDAW Convention: Lebanon

New York, July 2005

Presented by: Rasha Moumneh

Helem: Lebanese Protection for Lesbians, Gays, Bisexuals, and Transgenders

Thank you, Madam Chair, for this opportunity to address the Committee. My name is Rasha Moumneh, and I am here to speak on behalf of Helem, a Lebanese NGO for the protection of lesbians, gay men, bisexuals, and transgenders.

The shadow report we have submitted raises several critical issues regarding the precarious situation of women with alternative sexualities in Lebanon which I would like to address in my presentation:

Firstly: Violence against Women

Article 534 of the Lebanese penal code stipulates that “unnatural sexual behavior” is punishable by up to 1 year of imprisonment. Notwithstanding the scientific fact that homosexuality is not an “unnatural behavior”, it is legally still considered as such in Lebanon and therefore prosecuted under this article. This archaic law is often used to victimize women whose sexuality or sexual behavior is seen to transgress social norms.

I would like to draw your attention in this regard to the fact that the majority of cases in which article 534 is invoked do not reach the courts. Much more often, this law is used as leverage against lesbians and bisexual women for financial blackmail, harassment, and the soliciting of sexual favors under threat by both state and non-state actors, which contravenes General Recommendation 19 of the CEDAW convention. The particular vulnerability of lesbian and bisexual women is highlighted by the sexual nature of the violation experienced, be it physical or emotional. The Dutch Ministry of Foreign Affairs also noted that lesbians are subject to honor killings and beatings by family members and lack legal protection from such assaults.

I would also like to make note of the fact that the system of accountability in place for state actors such as the police, who are most often the perpetrators of these crimes, is extremely inadequate. Even after Syrian withdrawal, the independence of the judiciary has not been assured, and so the police can, and do, act with impunity in these cases. It is the most vulnerable groups in society that are usually the targets of police brutality, groups that the law does not recognize as worthy of protection, such as lesbians, sex workers, and foreign domestic workers.

Secondly: Access to Health Care

The multiple processes of legal prohibition coupled with social sanctions and the absence of public discourse on matters of non-conforming female sexualities, in addition to the lack of a comprehensive, evidence-based sexual education curriculum in schools have created an atmosphere of complete marginalization of an already vulnerable minority. This has dire consequences for lesbians in terms of access to health care that is free of judgment and discrimination as assured under CEDAW article 12 and General Recommendation 24. Fear of stigma and the refusal of provision of services as well as a lack of health information relevant to their sexual lifestyle causes many lesbians to forgo seeking health care, thus putting them at higher risk for the contraction and transmission of STDs.

Thirdly: Participation in Public Life

Widespread prejudice and heterosexism within Lebanese society is just as powerful, if not more so, as explicit criminalization in the suppression of lesbians. This structural oppression severely restricts the ability of lesbians to participate in civic and public life. This contravenes CEDAW articles 7 (b) and (c).

It is our recommendation under CEDAW articles 1, 2 (f), 2 (g), and 5 (a) that article 534 of the penal code be repealed so that the legal basis for this sort of persecution be abolished. It is also urgent that accountability of state actors be ensured. We also recommend that Article 562 of the penal code that gives perpetrators of honor crimes lenient sentences be repealed under CEDAW article 5 (a) and General Recommendation 19.

Finally, as the distinguished members of the Committee are aware, the persecution and oppression of transgressive female bodies cuts across boundaries of age, ethnicity, nationality, class, and sexual orientation. The existence of legally and culturally sanctioned mechanisms of control of the female body, such as honor crimes, gender- and sexuality-based violence, and the prohibition of same-sex sexual behavior, underscores the necessity of acknowledging the interrelatedness of all dimensions of female sexual oppression, in both cause and effect. In this regard, we kindly request that the Committee take the necessary steps to eliminate the legal basis for the continued persecution and stigmatization of women with non-conforming sexualities. Thank you for your attention.

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