Chapter II: LITERATURE REVIEW ON THE HISTORIES OF HOMOSEXUALITIES IN THE WEST AND THE ARAB WORLD
Most of the scholarship on homosexualism in Arab states has focused on same sex dealingss that were practiced between males before the 19th century. However, during the last century, there has non been profound acknowledgment of scholarly work on homosexualism in the Arab World. Merely late have bookmans started to discourse the topic of homosexuality straight. Among what has been written on homosexualism, I chose three important works to discourse in this subdivision.
“ Indefinable Love: Gay and Lesbian life in the Middle East ” by Brian Whitaker ( 2006 ) includes interviews with homosexuals and tribades from the upper category life in Egypt, Saudi Arabia and Lebanon. It focuses on the societal and political repressions imposed on homosexuals populating in the Middle East, and has shown that following a homosexual individuality clangs with Arab and Muslim individuality in which the codifications of award and shame, and the constructs of household and matrimony are of important importance in Arab civilization ( s ) .
In Chapter 3, of “ Desiring Arabs ” by Joseph Massad ( 2007 ) , entitled “ Re-orienting desire: The Gay International and the Arab universe ” , the writer states that there is an effort by the Gay International to universalise and enforce cheery rights in societies in which homosexuals do non be. The chief aim of cheery militants around the universe is to transform work forces prosecuting in same sex dealingss into homosexuals when this class is absent in Arab states. His chief statement is that “ it is the really discourse of the cheery international, which both produces homophiles, every bit good as homosexuals and tribades, where they do non be, and represses same sex desires and patterns that refuse to be assimilated into its sexual epistemology ” ( 163 ) . He acknowledges the being of homosexuals and tribades in the Middle East but claims that these are victims of the West and that most of them are from upper categories. The inhibitory run that has been launched against homophiles in the Middle East among which the biggest 1 was in Egypt in 2001 was due, harmonizing to him, to work forces placing themselves openly as homosexuals.
“ In a clip of anguish the assault on justness in Egypt ‘s crackdown on homosexual behavior ” by the Human Rights Watch ( 2004 ) includes interviews with 60 three work forces who have been arrested by the Egyptian authorities for being homosexuals. These work forces have been condemned with orgy and harlotry Torahs. The 1s who were found to be passive/bottom in sexual dealingss following a forensic anal scrutiny were subjected to few old ages of prison every bit good as torment and anguish. This study shows that Egypt is go againsting human rights and its ain fundamental law in which sexual orientation is non punishable by jurisprudence. Associations covering with human rights asked Egypt to halt oppressing work forces prosecuting in same sex dealingss and to therefore respect human rights jurisprudence.
The latter plants discussed have merely focused on the repression imposed on homosexuals in the Arab universe every bit good as the ‘non regard ‘ of their sexual orientation. However, no qualitative empirical survey has been conducted on homosexual individuality formation in Egypt. Therefore, this literature reappraisal wo n’t be about homosexualism per Se, but instead about what can we state about scholarly attacks refering the subject homosexualism, and how has the definition been changed throughout history.
From criminalisation to medicalisation to legalisation in the West
The 13th century witnessed a turning ill will toward homosexualism as the spiritual establishment ( Church ) was in control of the persons ‘ gender. “ Through most of Western history, the church was the main contemplation and instrument of socio-sexual values, and it was non needfully out of harmoniousness with widespread values and other establishments ” ( Marmor 1980:83 ) . Non-procreative sex such as onanism, bestiality homosexual, anal and unwritten sex were considered as iniquitous and unnatural Acts of the Apostless. Just like any other type of sexual wickednesss, buggery was a capital discourtesy, punishable by decease. “ The repentances for homosexualism and effeminateness were normally greater than those for fornication, criminal conversation, sometimes even incest, and might be womb-to-tomb ” ( Marmor 1980:85 ) .
In the 19th century, official features of homosexualism shifted from the condemnable theoretical account to the medical one. Ulrich ‘s statement in “ Third Sex Theory ” is that homosexualism is unconditioned and that therefore homophiles should non be punished. “ Medicine thereby became another arm among the armaments arrayed against same sex love, opening a century of experimentation, dosing, electro shocking, mutilation, and psychological use ” ( Adam 1978, chap.2 ) . Homosexual males and females were sent to mental establishments and prisons. They were besides discriminated against in workplaces and prevented from taking a normal life style. It is because they were considered unnatural and mentally ill individuals by head-shrinkers and the society as whole that homophiles started to develop their ain subculture by the terminal of the 19 century.
“ During much of the 19th century, history was used to reenforce traditional thoughts about celibacy, monogamousness, and sexual conformity. More late it has been used to de-stigmatize behaviour one time considered illness or wickedness ” ( Marmor 1980:97 ) . The first commission founded for the defence of homosexual rights took topographic point in Germany in 1897 and survived till it was suppressed by Hitler in 1933. However, even though Nazism was the apogee of ferociousness in the name of modernness which has led to the slaughter of 10s of 1000s of homophiles, this suppressed German theoretical account encouraged the formation of homosexual and sapphic motions in many European and North American states after World War II. In June 1968, the first homosexual manifestation in the universe showing the turning political power of homosexuals and lesbians-the Stonewall public violence took topographic point in New York.
Identifying themselves openly as homosexual, activists displayed an assertiveness and ego assurance seldom seen in the older groups. Gay protests, presentations, and parades now confronted the populace with angry and determined homosexual work forces and adult females who came out of their cupboards and bodily flaunted traditional stereotypes or demonstrated their falseness. ( Greenberg 1990:458 ) .
This increased visibleness of homophiles in civil society was preceded by the Women ‘s release motion that occurred in the sixtiess. The societal and economic alterations that occurred in the 1950s and 1960s in the European and North American societies facilitated the credence of homophiles. During this period, adult females started to inquire the authorities for their societal, legal and political rights. The sexual division of labour was contested by many adult females who started to occupy the public sphere-a topographic point which had been long consecrated to work forces merely. Womans started to take control of their gender. They started utilizing contraceptive method to command their birthrate. In the sixtiess, sex became no longer a affair merely of reproduction but besides of pleasance, facilitated by new engineerings of birthrate control. The adult females ‘s release motion of the late 1960ss, with its cardinal review of the household construction and weakening of the imposed gender stereotype that dictated both sexes emotional profile, gender map and the subsequent male domination of both the societal & A ; economic domains, has favored the land for the cheery motion ( Greenberg 1990: 459-461 ) .
Intrinsic to the homosexual and adult females ‘s releases motions was besides the motion for sexual release that challenged the traditional rule of restricting sexual dealingss to the establishment of matrimony. Pre-marital sex credence along with the recognition of pleasance and consensually harmless look of love have relaxed the attitudes toward contraceptive method, abortion, erotica and divorce and has reduced the ill will toward homosexualism ( Greenberg 1990: 462 ) .
Sexual release and adult females ‘s release motions played a function in the weakening of stiff traditional gender stereotypes and in the displacement off from the old construct of the homosexual adult male as feminine:
Self conceptualisation as either clearly ‘masculine ‘ ( and hence active ‘ and non homosexual ) or feminine/gender-inverted ( and hence ‘passive ‘ and clearly homosexual ) appears to hold given manner to a more unvarying, if self-contradictory, masculine individuality. It has enabled many work forces… to come out of the cupboard by believing that ( their ) homosexualism poses no menace to their maleness. ( Forrest: 1994:103 ) .
The 1970s marked the beginning of an increased tolerance of homosexualism thanks to its transition from the field of psychopathology to the field of sociology. The American Psychiatric Association did in fact take homosexualism from its list of mental diseases in 1973. Since so, societal theoreticians started to go interested in the analysis of homosexual individuality formation. “ Ethnographic work of this sort began to give us a image of homosexualism, non as medical or psychological status, but as a constituent of a manner of life with typical manners, imposts and establishments ” ( Greenberg 1990:464 ) . In the mid 1980s homosexualism as a sexual orientation was included in human rights statute laws through A jurisprudence reform that merely demanded the logic realisation that equal and impartial intervention and rating of everyone ‘s right for a occupation or shelter is determined harmonizing to their competency and non any irrelevant standards ( Barry 1987:123 ) .
Having gained many of their rights in the 1990s, homosexual and sapphic militants have since so multiplied their attempts in other parts of the universe to forestall other homophiles from favoritism. The chief aim of LGBT organisations ( Lesbians, homosexuals, bisexuals, and transexuals ) largely located in Europe and in the United States is the encouragement of an increased visibleness of homosexual communities around the universe and their skill of more equal rights in their societies.
From tolerance ( under specific conditions ) to criminalisation, medicalisation and wickedness in the Arab World
Recorded histories of same sex dealingss in Egypt day of the month back to the Mamluk epoch ( 1250-1517 ) . The most common type of same sex dealingss the Mamaleek were practising for more than two centuries was pederasty-trans-generational or age-structured homosexualism which involved a immature non-Egyptian male child undergoing military service and an grownup adult male.
The Mamaleek were military slaves separated from theirhomeland at a really immature age and brought to Egypt to protect it from foreign invasions. Their chief aim in life nevertheless, was non to construct a household and guarantee association.
Cut off from all his former ties: his environment, his faith, his race, his tribe and-what is peculiarly important-his household… he got a new household alternatively of that which he had lost. This was a household which was non based on blood dealingss, but on the dealingss of bondage and patron-ship. The frequenter who had bought the Mamluk became his male parent ; and his companions in servitude in the school, whom he-in most cases-never knew before, and who rather frequently belonged to other races and other folks, became his. ( Ayalon 1980:327-28 ) .
Merely like the castrate ( khasi ) , the Mamluks could non inherit nor go through their in-heritance to their relations. “ Neither the wealth, nor the position of Mamluks was heritable. Upon the decease of the warrior, his belongings, house, goods, married woman and slaves were sold for the benefit of the exchequer ” ( Murray 2000: 43 ) . Beside the fact that the Mamaluks ‘ societal system was non based on household and matrimony, this period of Egyptian history was besides characterized by a high position of adult females. One of the first authoritiess established by the Mamaleek was ruled by the queen Shajaret Al Dur who even though she married Izz al-Din Aybak kept on running the state for three months. The Mamaleek were besides non given the right to disassociate their married womans. Their married womans were besides financially independent. They used to have a fixed monthly wage from the Egyptian authorities of that clip, merely like their hubbies ( ibid ) .
Homosexuality in Classical Arabic Literature
Traces of same sex love between an grownup and a male child or adolescent are found in the Classical Arabic Literature of the Early Ottoman period ( 1516-1798 ) . “ Biographic lexicons, poetic anthologies, and belletristic plants on profane love relate normally without any intimation of disapproval, the paederastic love personal businesss of outstanding poets, spiritual bookmans, and political luminaries ” ( Lagrange 2006:1 ) . Harmonizing to Khaled EL Rouayheb in his book Before Homosexuality in the Arab-Islamic World, 1500-1800, “ Falling in love with a teenage young person and showing this love in poetry were non punishable discourtesies, and a important figure of Islamic bookmans, though non all, asserted that such behaviour was non obnoxious ” ( El-Rouayheb 2005:153 ) . There were visibleness and tolerance of same sex dealingss at this period of history, even though homosexualism was punishable. Homosexuality was age structured, that involved barbate older work forces in love with beardless adolescents, the face fungus being a mark of manhood and maleness.
Many Arab poets described the object of their love as a immature male child and they went at length to depict his “ desirable ” physical characteristics:
The dear of whom the Arab poets write is ever a immature male child, at most an stripling… the male child is ever brown and slender: his waist is lissome and thin like a willow subdivision or like a spear: his hair, black as Scorpios, hints on his brow the missive of the Arabic alphabet: his eyes are arcs with hurl pointers ; his cheeks are roses ; his spit has the sugariness of honey ; his natess resemble a dune of traveling sand. When he walks, you could name him a immature faun ; when he is motionless ; he eclipses the brightness of the Moon. ( Daniel 1977:5 in Murray & A ; Roscoe 1997:22 ) .
Frederique Lagrange ( 2005 ) has identified four basic impressions refering homosexuality in classical and modern Arab societies as reflected in fiqh ( law ) , poesy and prose literature: The first being the recognition of “ male beauty ” , even in other males oculus, and its capableness of bring oning “ fitna ” ( upset ) ; the 2nd being the acknowledgment of the natural exposure of a adult adult male to be charmed by a fine-looking stripling to the point that chief watercourse theologists such as imam Ibn Hanbal ( d. 855 ) urged on the necessity of defying the related enticement that follows this natural grasp ; the 3rd being the avowal that love and passion along with their related dangers- and non merely sexual desire- might be the driving force to a man-to-man attractive force and the 4th being the focal centralisation around work forces to boys attractive force in classical literature and poesy whereas grown adult male to turn adult male attractive force is marginalized and regarded as mujun ( ribaldry ) sukhf ( lewdness ) ( 171-173 ) .
“ The will to non cognize ” in the Arab civilization
Even though homosexuality is present in classical Arabic literature, same sex dealingss between two work forces could ne’er be made public. The construct of hushing gender and maintaining it in the private kingdom might be explained by the construct of “ The Will to Not Know ” nowadays in the Arab civilization. “ The evident tolerance of homosexual patterns in Islamic societies depends on a widespread and digesting form of corporate denial in definition which is a status of the chase of homosexual activity whether based on age difference or gender definition, is that behaviour should ne’er be publically acknowledged ” ( Murray & A ; Roscoe 1997:8 ) . A kind of a “ do n’t inquire, do n’t state ” policy was followed when it came to same sex dealingss.
Further, if it became known the adult male had been the “ object “ of sexual dealingss, he would lose face and award in society. Harmonizing to the German Islamicist Arno Schmitt:
A adult male should non let others to sodomize him. Otherwise he loses his name, his awards that is, if others know it and are known to cognize. The decisive line is non between the act kept secret and the act known by many, but between merely speaking behind one ‘s dorsum and stating it in your presence, between rumours and public cognition. There is ever maneuver, you can ever disregard what everybody knows, one ignores what might interrupt of import societal dealingss. There is a clear regulation: you can non be fucked. But what this truly comes down to is: stating of person that he has been fucked disturbs societal dealingss. ( 1992:7 ) .
Differentiation between active and inactive spouse
Sex in the Arab universe, whether heterosexualism or homosexualism is non a relation between two peers but instead, a relation of power between a dominant spouse and a dominated one. The differentiation was made between the active/dominant/top /penetrator and the passive/subordinate/bottom/penetrated in sexual dealingss, the male being the penetrator and the female the penetrated. The fact of being penetrated was a black act in sexual intercourse:
Where the attitude toward the inactive spouse tended to be unambiguously negative, the rating of the active spouse was more ambivalent. From the position of the ideal of maleness, the penetrator emerges from the sexual brush with his award impaired, if non enhanced. From the position of the ideal of conformance with religious-moral norms of society the penetrator is dishonored. ( El-Rouayheb 2005: 24 ) .
Differentiation between sexual behaviour and sexual individuality
Murray and Roscoe argue that there is a differentiation between sexual behavior/doing and sexual identity/being. Prosecuting in same sex dealingss did non intend that one perceived himself as homophile at that clip. “ Practitioners of pre-modern homosexualisms ne’er formulated individualities based on their patterns and ne’er created webs among themselves that might hold achieved sufficient denseness and localisation to be noticed, that `identity ‘ and `subculture ‘ are uniquely modern and Western innovations ” ( 1997: 5 ) .
Absence of a societal definition of homosexualism
The impression of male homosexualism has non existed in the Arab universe in the early Ottoman Empire. “ There was merely no native construct that was applicable to all and merely those work forces who were sexually attracted to members of their ain sex instead than to adult females ” ( El-Rouayheb 2005:154 ) . Harmonizing to Frederique Lagrange ( 2005 ) , there is non a individual word that exists in Arabic to depict work forces prosecuting in same sex dealingss but there are multiple 1s. There is a classification of sexual Acts of the Apostless: “ The linguistic communication uses such specialised footings as liwat ( anal sex ) , luti ( active sodomist who prefers male childs over adult females, non being concerned with what modern nomenclature would measure up as occasional androgyny ) , ma’bun ( inactive sodomist ) , mukhannath ( emasculate inactive sodomist ) , mu’ajir ( inactive male cocotte ) , dabb ( active sodomist who likes ravishing his victims in their sleep regardless of their age ) , musahiqa ( sapphic ) , and so on ” ( 171 ) .
The word “ khawal ” was invented in the nineteenth century under the reign of Mohamed Ali ( 1805- , a period of the Egyptian history marked by societal segregation. This term was used to mention to a immature Egyptian and Muslim male terpsichorean or performing artist in ceremonials who replaced the traditional female belly terpsichoreans who were banned from executing in 1834 as they were considered as obscene.
It was felt at that clip that work forces projecting aside their virility were less a cause of fitna ( societal upset ) than adult females acting freely and featuring their appeals. The public infinite was the sole sphere of work forces and it was accepted hence that work forces had the right to abdicate their manhood through effeminateness ( khinath ) or inactive homosexualism ( ubna ) , although these were seen as unwellnesss. Womans on the other manus could non claim what was non theirs and their visual aspect in the public infinite came to be regarded as a greater menace to the societal order. ( Lagrange 2000: 190 ) .
Apart from dressing like adult females, the khawalat used to turn their hair and to lace it. “ They imitate the adult females besides in using kohl and henna to their eyes and custodies… they are frequently employed in penchant to the ghawazee to dance before a house or in its tribunal on the juncture of a marriage-fete or the birth of a kid, or at the Circumcision and often execute at public festivals ” ( Murray 2000:190 ) .
Klunziger, a 19 century traveller to Egypt described the public presentation of a male terpsichorean and found it about precisely likewise to that of his female opposite numbers:
The public presentation of the chauel ( khawal ) or male terpsichorean is non much of an betterment on that of the female terpsichorean. Clothed and tricked out like a dancing miss, he goes through the same sort of gestures on another eventide to the delectation of the witness. Sometimes he besides plays on some instrument, and sings every bit good ; He blows the bagpipe full of air current, and while it escapes tunefully from the holes of the tubings, under the drama of his fingers he strikes up his ear-piercing vocal which is followed by the hip dance-a treble artistic consequence produced all at one time. This category of intersexs, the merchandise of the epicurean E, besides resembles the dancing-girls in their derelict ethical motives ” . ( Kunziger, 1878 in Murray 2000: 189 ) .
Representation of homosexualism in modern Arabic literature
In the absence of historical informations, Literature is believed to be the societal index of the codifications of ideas and behavior of an epoch. By the terminal of the nineteenth century, Arab authors started following the Victorian European disapproval of paederastic subjects as these were seen as moral corruptness. The colonial brush has had an impact on Modern Arabic literature harmonizing to Bruce Dune ‘s work on the 19 century Egypt. It led many authors to avoid speaking about gender in general and homosexualism in peculiar.
During the 1920s, with the rise of the broad national individuality that followed the 1919 revolution led by a white collared middle class who has assimilated the western literature and political orientations, the subject of male desire and male child love in classical poesy started to be attacked by Arab and non Arab authors who worked on extinguishing paederasty from many books. The love poesy of boys nowadays in classical literature was conceived as a offense against nature and a dishonour to the history of Arabic poesy.
Public morality started to germinate and spread out as literacy increased and, by making so, imposed censoring and ego censoring. Naguib Mahfouz pointed at the differences between classical and modern literature, emphasizing the more private nature of classical literature, every bit good as the fact that the more sensitive facets of modern literature remained unpublished “ Classical Arabic adab was a literature of pleasant conversations at dark with friends, and was restricted to private salons ; there was no publishing house nor media ” ( Lagrange 2000:191 ) . In his book on the history of Islamic civilisation published between 1928 and 1945, Ahmed Amin, an al-Azhar taught author with progressive, close to secular sentiments who used Western scholarship to present Muslims to the early Islamic civilizations besides talked about the poesy on the love of male childs with great disapproval, claiming that this was “ the greatest catastrophe ” .
“ It is likely in the 1940s and 50s that the term shudhudh jinsi began to be on a regular basis used by Arab writers to mention by and large to phenomena that had traditionally been distinguished, such as active paederasty, effeminate male passiveness, the passionate love for male childs and buggery ” ( El- Rouhayeb 2005:158 ) . Any type of attractive force to work forces started to go a mark of corruption and illness in modern literature. In fact, homosexualism in modern literature is described in three different ways: First, as a denounced-or neutrally described-secondary character of the traditional society ; Second, as a cardinal or a secondary character with physical, psychological and societal struggles that normally leads to his decease or self-destruction and 3rd, as a traumatic interaction with the westerner other ( Lagrange 2000:175 ) .
Representation of homosexualism in the Egyptian film
The Egyptian film with its influential consequence as the “ Hollywood of the East ” and its powerful impact as a media of amusement played a major function in reenforcing the image of the homosexual as a aberrant individual. Homosexuality has long been synonymous with transvestitism and cross-dressing as work forces have frequently been represented as adult females ( and adult females as work forces ) in many Egyptian movies.
In Arab movie, they have become standard characters to connote the being of a homosexual subculture or trans-gressive gender in general. Functioning as the retainers of whorehouse cocottes and their wise mans in the art of titillating belly dancing, they are cinematic codification for the word picture of homophiles as derogatory, emasculate work forces. They besides frequently possess eldritch humor, a misanthropic sense of matter-of-fact pragmatism and personal unity lacking in the conventional heterosexual characters who surround them. ( Menucci 1998:32 )
Since 1938, at least 14 Egyptian films have featured the homosexual characters: The Pasha ‘s Director Daughter ( 1938 ) , Miss Hanafi ( 1953 ) , Succar Hanem ( 1960 ) , For Men Only ( 1964 ) , The Malathi Bath ( 1973 ) , A Daughter Named Mahmoud ( 1975 ) , Cat on Fire ( 1977 ) , Alexandria Why ( 1978 ) Alley of Desire ( 1983 ) , Male Masters ( 1987 ) , Beggars and Proud Ones ( 1991 ) , Mercedes ( 1993 ) , Disco Disco ( 2000 ) , and eventually, Yacoubian Building ( 2006 ) .
After watching the films myself, I was able to compare, contrast and categorise the assorted genres these films fall into. I noticed that the earlier films, from 1938 boulder clay 1964, touched on homosexualism in a amusing mode. Had they come out in a serious, accepting mode it might hold been a tabu and frowned upon. These clear word pictures paved the manner for other managers to take on homosexualism in films.
What is apparent in the ulterior movies since 1973 is the development of the homosexual character in a far more serious and controversial mode. The homosexual is frequently represented as a mentally challenged individual who is overpowered by his sexual penchant for work forces and traumatized by societal stigma. Most of the clip he ends up perpetrating self-destruction.
The construct of homosexualism is besides ever linked to the West rinsing its custodies of the Middle East. This is the instance of the homosexual character in the Yacoubian Building. The movie was based on a fresh written by a conspicuously esteemed Egyptian tooth doctor, Alaa Al Aswany. The writer courageously and blatantly tackled the homosexual function and pulled this character out of the cupboard for all to see ; he was prepared for all the tabu and societal stigma that comes with it. Before the film was put into doing there was a great trade of contention around who was to play the function of the homosexual, an upper-class French-influenced journalist, and a great many histrions turned the function down due to its sensitiveness. However, Khalid Al Sawi took on the function and was most adept in portraying this character. While I am in understanding that the description of the homosexual character is plausible on many degrees in the Yacoubian Building, I disagree with the portraiture of the character as a victim ; that his homosexualism is related to the unfaithfulness of his female parent and holding been sexually abused as a kid by his Nubian pantryman, which was the cause of his sexual orientation and subsequently homicide
I am non at all in understanding that this movie has done justness to homosexualism in Egypt. In fact, rather the antonym: it merely sheds visible radiation on the pessimistic side of homosexualism. Harmonizing to my ain research on homophiles, it is clear they can take a “ normal ” life, every bit good as being homosexual without any history of maltreatment or self-destructive contemplations. Some have barely had any Western influence and have lived in Egypt wholly, if non most, of their lives ; whereas in the movie his sexual orientation is once more related to his Gallic influence which does non conform to all homophiles in Egypt. However, it remains the clearest positive, or at least the most sympathetic, representation of the homosexual, despite the many pessimistic elements and victimization portrayed in the film.
Representation of homosexualism in the print media
The local Egyptian media sponsored by the province has besides created a phobic disorder around the subject of homosexualism. Homosexuals are referred to as perverted, evildoers, sodomists, felons, ill individuals, and Satan worshippers. Many journalists besides refer to male homophiles in the feminine, particularly following the Queen Boat instance ( The most celebrated crackdown on Egyptian homophiles that occurred in 2001 ) and other apprehensions of homophiles that have followed this incident. Homosexuals, it is argued, are arrested because of the manner they dress and talk:
Banners ‘ headlines called them perverted who embraced the immorality, lost the way of spiritualty from the consecutive good way to the ways of snake pit ‘ . Satanic and corrupting occupations, raising the ‘cultural and moral state of affairs ‘ serves as a stalking-horse for apprehensions, prosecutions and determinations based on stereotype and stigma. ( Humans Rights Watch 2004:96 ) .
Despite the fact that that the incident of the queen Boat took topographic point in Cairo in 2001, Egyptian journalists did non halt assailing work forces prosecuting in same sex dealingss in local newspapers. “ The media craze sent the message to the populace and the constabulary that sexual perversion in conspirative confederation with foreign forces was non simply a private concern but a national threat ” ( Long 2004:15 ) . On the 4th of March 2004, in an article entitled “ Freedom of Perversion ” published in El Wafd, Gamal Badawy, a celebrated journalist, argues that the Egyptian construct of freedom and human rights is wholly different from the Western construct that gives rights to homophiles. The journalist states that homosexual rights militants have gained their rights to acquire married in the West without anyone interfering from the Arab universe. He says that Arabs have ever refused the Westerners ‘ political advice and that therefore Westerners should non anticipate Arabs to accept cheery rights. The human rights militants hide behind the construct of “ freedom for all ” when their purpose is otherwise. What the Occident wants is to botch the Arab universe and to make full it with perversion. The journalist claims that many Television channels and plans are conveying inappropriate images of homosexualism to the Arab audience. He wants people to stand up and battle against the enemy. Harmonizing to him, the responsibility of the Islamic and Christian associations in Egypt every bit good as any other association that works for the saving of cultural genuineness.
In response to the monolithic onslaughts by cheery international on the Egyptian authorities ‘s persecution of homophiles and its so called non-respect of the human rights, Dr. Ahmed Kamal Abou El Magd, the frailty president of the National Human Rights Assembly- a governmentally funded constitution created in the wake of the station 9-11 American call for democratisation – has written a magazine article in Rosa Al Youssef ( a broad progressive publication ) in June 19, 2004 entitled “ You have your ain traditions and we have our ain beliefs… Perversion/Homosexuality is non a human right in Egypt ” . In the article, Abou El Magd argues that civilization is different across clip and infinite and those differences should be respected by everyone everyplace. There are major differences between civilizations, and one of these differences in Egyptian society is the rejection of homosexualism.
Harmonizing to the same mind, sexual perversion and more specifically homosexualism is against human rights as there is no cosmopolitan understanding on homosexual rights. For illustration, the Vatican, every bit good as many influential spiritual communities and constitutions in Europe and most of the United States are against the matrimony of homophiles. The chief intent of matrimony, he argued, is to construct a household and to hold kids. Marriage is between a adult male and a adult female and non between two individuals of the same sex. Furthermore, homosexual rights are non a precedence in the Arab universe, harmonizing to the writer of the article. There are many other of import issues the Arab authoritiess have to cover with such as the regard of the human lives and freedoms.
Previous article published in Al Wafd on May the 6th 2003 by Dina Tawik, entitled “ Shawaz ( Perverts ) on Internet ” blamed the being of homosexualism in Egypt on the Internet. The cyberspace, and more specifically cheery web sites, endanger the societal order harmonizing to the journalist as it is the mean through which homophiles set up contact and run into each other. Tawfik cites an anon. “ professor ” at the American University in Cairo as saying that homosexualism is due to several societal factors among which the incapableness of the young person to acquire married, unemployment, unstable childhood life, deficiency of assurance, rejection from adult females, and household decomposition.
In contrast to this sociological statement, a spiritual point was made in an article published in Sot El Oma ( March 10, 2003 ) entitled “ We do respect differences but we refuse immorality: Egyptian shawaz/perverts dissing the prophesier ” . The journalist, Mohamed El Baz, argues that since 9/11, the West has attacked Islam as its enemy. Badr claims that “ The shaz/perverted ” -Egyptian homophiles are utilizing outstanding figures in the Egyptian society such as celebrated authors, histrions and manufacturers to legalize their aberrant behaviour and are now utilizing the prophesier in one of the most celebrated homosexual web sites in Egypt: gay.egypt.com. They post incorrect historical information about Egypt, which Badr finds unacceptable. He considers homophiles to be mentally ill people. Therefore, they should non falsify history and faith and invent narratives such as claiming that the prophesier kept on acquiring married to disassociate adult females and widows because he was non attracted to adult females.
Articles published in other Egyptian local newspapers that have spiritual statements have noted that Shenouda III, the Catholic Pope of the Copts, has launched a run against homosexuals and that Aly Gom’a, the mufti of the democracy, has stated that homosexuality is unnatural, that Islam is against perversion and that homosexuals have no rights in Egypt. Finally, spiritual, sociological and medical statements have late been proposed together as when October newspaper published an article called: “ Muslim and Coptic spiritual figures in Egypt agreed upon the fact that the shaz /pervert/deviant is a ill individual that should be put in a mental establishment ” ( July 9, 2006 ) . In the article, Ihab Hegazy reinforces the spiritual and cultural beliefs that the lone admissible type of sexual relationship is the 1 that occurs between a adult male and a adult female and that consequences in procreation-any other type of relation such as homosexualism and, presumptively childless heterosexual threatens the societal order and should be considered as unnatural or unnatural.
Egyptian province control of civil society, Islamic resurgence and restriction of adult females rights and human rights
The societal stigma attached to the word homosexualism has farther been reinforced by the care and reproduction of gender inequality through three other factors: 1 ) the Egyptian province control of civil society 2 ) Authoritarian Islamic resurgence 3 ) and the restriction of adult females ‘s rights
Egyptian province control of civil society
Civil society is the topographic point in which the province enforces its power through different spiritual, cultural and educational establishments. However, it is besides a topographic point in which citizens can dispute the power of the province and signifier groups to contend for their rights. The history of modern Egypt shows that the province has ever dominated civil society and has frequently used faith among other mentions such as Nationalism and Arabism to foster its political ends. Groups that are discriminated against in the Egyptian society were consistently muted throughout the patterned advance of the province unless they served a matter-of-fact intent to the government.
Mohamed Ali, Wali of Egypt and Sudan, and the “ laminitis of modern Egypt ” introduced modernisation to Egypt in the 19th century, by developing a strong province bureaucratism. The province was the lone director of the state ‘s economic system. He depended on foreign/external power and resources alternatively of depending on civil society, badly weakening the formation of independent associations. He did non utilize the Egyptian middle class to assist him, which explains the prostration of his government after 18xx. Harmonizing to some historiographers in the twentieth degree Celsius, Nasser, the 2nd President of Egypt from 1954 to 1970 has made the same error as Mohamed Ali, estranging the categories that could hold backed him by non giving them any existent portion in power ” ( Abdelrahman 2004:95 ) .
Abdelrahman ( 2004 ) goes on to reason that under Nasser ‘s government, the province became the lone histrion in the political scene. The enlargement of bureaucratism gave rise to the growing of the opinion category, the province middle class composed of military elite. Nasser ‘s government was characterized by “ the suppression of all societal political motions and the decrease of establishments such as NGO ‘s to an extremity of the province bureaucratism… The rise of any societal outside force outside province control was perceived as a menace to this stableness ” ( 93 ) . All political parties were banned, and all opposing forces such as the Muslim Brotherhood were suppressed.
Prior to 1952, Egyptian citizens had the freedom to make associations. After 1952, all of the associations had to re-apply for licences. In 1964, Law 32-law of the associations gave the right to the province and the ministry of societal personal businesss to modulate the associations. Furthermore, Law 49 placed all associations under the supervising of the province. This farther limitation gave the province the right to reject any association, to choose its leaders, and to command its support. At present, no money can be obtained for an association without authorities ‘s blessing. Foreign grants have to be approved by the ministry and are subjected to rigorous ordinances.
After Sadat came to power in 1970, he faced several challenges. In demand of support to his government, Sadat gave the freedom to certain Islamist groups and particularly the Muslim Brotherhood to organize associations. Therefore, half of the associations active in the Egyptian society in the seventiess were Islamist associations. Even though they were monitored by the province, Islamic financess were non subjected to the supervising of the ministry of societal personal businesss. No permission to roll up money was required from the authorities, which opened the door for the solicitation of support from beginnings in rich Gulf states.
The Mubarak government continued these reforms in the 1980s and 1990s. Parallel to the addition in the figure of Islamist associations in civil society and province control over all of the association formation, Mubarak introduced the jurisprudence 153/1999 which promoted the creative activity of several business communities ‘s associations. However, the chief aim of these associations was the publicity of the business communities ‘s ain involvements, instead than people ‘s involvements. Associations that are based on the defence of human rights, adult females ‘s rights, every bit good as any minority whether cultural or spiritual were and still are subjected to strict control by the authorities. These are considered as possible menaces to the societal order.
A close analysis of the NGOs scene reveals that the province has ever dominated the civil society by ordering its countries of involvement and by frequently utilizing spiritual & A ; societal tenet to foster its political ends and to marginalise the remainder. From that position, adult females and human right militants were comparatively welcomed since they provide the Egyptian government with a certain international prestigiousness every bit long as certain ruddy lines were non crossed ; whereas homophiles and even cultural or spiritual minorities have had, and are still holding, troubles organizing associations that would assist them derive their rights.
Social and political power of the Muslim Brotherhood
Founded in 1928 by Hassan El Banna, the Muslim Brotherhood played a cardinal function in early patriot motions before helping Nasser in subverting King Farouk. However, merely after he gained power, Nasser imprisoned many of them and banned the motion. As they did non keep the same political orientations as Nasser did, he considered them a menace to the new authorities ‘s stableness. After the licking in the 1967 Arab-Israeli war and the corporate humiliation this licking caused to the Egyptians, the Muslim Brotherhood regained power. The Sadat authorities considered them as a non violent Islamist group and non as the holder of a extremist political orientation like other Islamists groups. Since the 1980s, the Muslim Brotherhood has represented the merely serious resistance to Mubarak. In 2005, the Muslim Brothers gained 88 out of 454 seats ( 20 % ) in the parliament. Denis Sullivan asserts that they have besides progressively gained power in civil society as they provide better and cheaper services than the 1s offered by the authorities:
The Muslim brotherhood has been really active in advancing societal public assistance, peculiarly in the countries of wellness attention and instruction. The organisation and its protagonists run schools, infirmaries, twenty-four hours attention plans, and occupation preparation centres, tutoring plans, Quranic direction plans, after-schools plans, and legion other development and societal plans. Its members are besides really much involved in capitalist endeavors, such as mills, investing companies and agricultural endeavors. ( Sullivan 1999: 22 ) .
The Muslim brothers have been really effectual in the manner in which they put actions to their words. Their ability to mobilise people that started in the 1930s and to convey their spiritual message was facilitated by the Egyptian province under the Sadat government. President Sadat used the media every bit good as the telecasting to consolidate power and mobilise society every bit good as to reenforce his spiritual image as al-ra’is Al mu’min or the believing president. Harmonizing to John Waterbury, Sadat depended on these conservative elements to construct support for his government ‘s displacement off Nasser ‘s left-of-center policies and to sabotage Nasserites, Marxists and extremist pupils. ( Waterbury 1983 ) .
Even though the province has established censoring Torahs on the modern agencies of communicating, Islamists have normally been given the freedom to distribute their spiritual message in public countries such as the mosque in add-on to their sermonizers use of the viral spread, easy entree and the influential consequence of audio tapes & A ; fax machines ( Ghanam 2002:138 ) . Furthermore, the figure of Islamic telecasting plans and the figure of viewing audiences of these plans have increased well over the past few old ages. The edifice of more mosques has besides become a tendency in Egypt today. The mobilisation of these mosques by Islamist groups to distribute their spiritual message was and still is non subjected to province monitoring. The Islamicization of the province is besides symbolized by an addition in Islamic instructions in schools and an addition in have oning the head covering among adult females.
Hassan El Banna argued that “ the Muslim universe had been assailed by the West ‘s maltreatments that have done hurt to their Muslim self-respect, their award and their independency every bit good as commandeered their wealth and shed their blood ” ( Sullivan 1999:41 ) . Harmonizing to Islamists, since the corruptness comes from the Westerners, the application of Islamic law is necessary to battle this corruptness. The Muslim Brotherhood ‘s chief aim is in fact the creative activity of an Islamic province that is ruled by Islamic law-sharia or God ‘s jurisprudence. Western jurisprudence, they argue is adult male made and is believed to hold spoiled Muslim society. Since Islam is the faith of most Egyptians, Muslim jurisprudence is best suited to regulate it: “ In demanding the ordinance of every facet of life with Islamic values, Al Banna was asseverating the Islamic belief that province and faith are inseparable ( Sullivan 1999:42 ) . Therefore, in the position of Ziad Munsun, anti-colonialism semen to be — -to islamicization:
The primary concerns of the Muslim brotherhood centered on the domination of Egypt by foreign power, the poorness of the Egyptian people and the worsening morality they identified in both, the Egyptian province and the lives of persons throughout Egypt. The solution to these and other jobs was an embracing of Islamic instructions and an apprehension that all Muslims comprise a individual cohesive community and must work together to defy the invasion of corrupt western influences. ( Munsun 2001:490 ) .
To counter the lifting Islamic tendency, the Egyptian authorities sought to command the Islamic establishments concerned with the ordinance of spiritual and sexual affairs: “ Religious establishments affiliated with the authorities ( such as Al-Azhar and the ministry of gift ) have been escalating their activities to demo that the authorities is the “ Guardian of true Islam ” ( Hanna 1993:26 ; see besides Starett 1998 ; Ghanam 2002:131 ) . Al Azhar is the establishment that decides on spiritual evidences whether a controversial book could be distributed or non. Furthermore, legislative proposals about personal position, including gender, have to go through by the Al Azhar Centre of Islamic research before traveling to the parliament for treatment & A ; legistlation. Even though keeping of import political differences, Al Azhar and Muslim Brotherhood support each other on gender gender and rights since they both rely on the same cardinal apprehension of the “ true Muslim society ”
In an effort to pacify the Islamist groups and to give credibleness to Al Azhar, Sadat modified the 2nd article of the Egyptian fundamental law in 1971 to do the Islamic Sharia “ THE ” chief beginning of statute law. A primary site of influence has been in Torahs regulating household and personal position. This alteration and application of Islamic jurisprudence has increased the province control over citizens ‘ private lives as the household jurisprudence controls gender and gender.
Islamic resurgence and restriction of adult females ‘s rights
The application of Islamic jurisprudence has had an impact on adult females ‘s rights acquisition in Egypt. It is further reinforced by Islamist women’s rightists ‘ belief that adult females ‘s first precedence in life is remaining place and taking attention of their hubbies and kids.
While adult females entered universities and professions in greater Numberss, an Islamic adult females ‘s motion grew, rejecting western influences and inequality. Young adult females donned head coverings and traditional vesture. Increased educational chances and professional visibleness, which have created their ain tensenesss, were matched by an upswing in modest Islamic frock as an look of Egyptian patriotism. ( Brandt 1995:111 ) .
Islamic resurgence traveling on in society has given rise to a division in the motion for adult females ‘s rights. Two different types of adult females ‘s motions have resulted in Egyptian civil society: Secular women’s rightists and Islamist women’s rightists:
Many adult females and work forces are contending to progress adult females ‘s rights through a secular ( and purportedly modern ) docket, whereas many others appears to be seeking adult females ‘s “ return ” to a traditional, subservient function ( as purportedly prescribed by faith, both Islam and Christianity… these groups reflect the ideological differences in Egyptian society-from spiritual, conservative and traditional to secular, broad and left-of-center. ( Sullivan 1999:99 ) .
Both groups face province resistance. Harmonizing to Michelle Brandt and Jeffrey Kaplan: “ Both secular and Islamists adult females ‘s organisations are penalized by the province if they transgress of tolerable resistance to the province ” ( Brandt & A ; Kaplan 1995:117 ) . In fact, there is a turning resistance to adult females ‘s activism and desire to derive their rights. The past few old ages have witnessed the disintegration of many adult females ‘s organisations, both secular and Islamist, that are considered to be endangering to the stableness of the state. Women ‘s rights ‘ militants and authors have been and still are imprisoned and threatened by the Egyptian authorities.
Brandt and Kaplan point the continued province control of civil society, reasoning that: “ Egypt ‘s jurisprudence sing associations, which forbids any treatment of political or spiritual issues by any organisation, has been used to shut down the Arab ‘s Women ‘s Solidarity Association ( AWSA ) and its publication ” ( Brandt & A ; Kaplan 1995:114 ) . This association, headed by feminist militant Nawal EL Saadawy, wanted alterations in the household jurisprudence, a alteration that would assist adult females derive control over their organic structures.
Harmonizing to research conducted by The Egyptian Center for Women ‘s Rights, adult females ‘s rights are constrained because of cultural, economic and societal barriers. Under the Shari’a jurisprudence, the patriarchal system is reproduced as adult females become dependent on members of their households. The male parents or the hubbies are the caputs of the household, and they have the responsibility to protect and to financially back up their adult females relatives. This dependance is farther reinforced by the heritage Torahs that make the adult females inherit two times less than work forces and the married woman even less than the kids.
A regional workshop held in Malta in 2003 on “ Sexual and Bodily Rights in the Middle East and North Africa ” revealed that:
Taboos around adult females ‘s gender serve to keep the construction which supports these misdemeanors. The combination of jurisprudence, societal patterns, traditions, spiritual and cultural concepts intertwine to determine the construct of gender. The patriarchal impression that adult females ‘s organic structures and genders belong non to themselves but to their households and society is reflected non merely in customary patterns, but is besides sanctioned by the penal and civil codifications in all of the states in the part. ( Amado 2004:125 ) .
Muslim law that determines adult females ‘s rights in Egypt does work in contradiction with the fundamental law. Article 40 of the Egyptian fundamental law provinces that “ All citizens are equal before the jurisprudence. ” They have equal public rights and responsibilities without favoritism due to sex, cultural beginning, linguistic communication, faith or credo. ” However, and in malice of this right, adult females are still endeavoring for their rights and enduring from inequality that finds its roots in the limited function given to them in the populace sphere because of the application of Shari’a as the chief beginning of jurisprudence to modulate their private affairs. Harmonizing to the World Economic Forum, Egypt is at the bottom line in gender inequality. The representation of adult females in determination devising places is really rare, as their testimony is believed to worth half than that of adult male harmonizing to Islamic jurisprudence.
The inequality in opportunities is besides perceived in instruction. In fact, in malice of the attempt made by the authorities to eliminate illiteracy, the rate of illiteracy is still higher among adult females because of misss still non being enrolled in schools particularly in rural countries. 50 % of adult females are still illiterate as opposed to 29 % of work forces which is about dual. Many adult females still do non hold individuality cards and birth certifications. “ Interrelated to miss of instruction chances is poverty. Many adult females, possessing no individuality cards or birth certifications, are ineligible for societal plans such as subsidised nutrient and lodging and can non vote, obtain a passport or travel to tribunal ” ( Brandt 1995:115 ) .
As for the right to work and professional chances, work forces hold more occupations than adult females in the authorities, public sector, public endeavor and private sector. 82 % of adult females are still working in the informal sector and more specifically in the agribusiness. The rate of unemployment is besides higher among adult females than work forces.
Violence against adult females in work, public and domestic domains is still practiced even though forbidden by the jurisprudence. Violence against adult females includes Female Circumcision or female venereal mutilation. These patterns are performed to diminish adult females ‘s sexual desire, preserve adult females ‘s celibacy and guarantee their fidelity. This pattern is done to misss aged between 7 and 12 old ages old. It represents a misdemeanor of the UN Convention on the Rights of the Child adopted in 1989 and ratified by 90 six provinces among which Egypt on September the fifth 1991.
The Egyptian authorities had to wait till the beginning of this century and the intercession of the UNICEF after the decease of a 12 twelvemonth old miss to take enterprise and explicate a jurisprudence that would forbid the public presentation of FGM. However, and because the run against FGM is still recent many adult females are still mutilated. Till today 4000 Circumcisions are performed illicitly every twenty-four hours in Egypt.
It is undeniable that jurisprudence 34 improved household Torahs in footings of matrimony and divorce as it gives the right to the adult female to disassociate her hubby and to give her nationality to her kids, but still, favoritism against adult females remains. In fact, in malice of the altering universe adult females are populating in today, personal position jurisprudence has been immune to alter over the old ages. These Torahs regulate the relationship between hubby and married woman and parents and kids, matrimony every bit good as the expiration of matrimony whether by divorce or by decease.
The construct of the “ house of obeisance ” that adult females are obliged to travel back to their hubbies against their will and sometimes by force remained unchanged. Furthermore, polygamy, the right of work forces to hold more than one married woman is still performed. The legal age for matrimony of adult females has non been modified and is still really low and the age for the right to detention has non been expanded.
For adult females, criminal conversation is punishable by two old ages imprisonment while for a adult male it is merely six months. And if a adult male kills his married woman for criminal conversation he is imprisoned for a period non transcending 3 old ages compared to three to 15 old ages with labour to hard labour for life for adult females. Under article 9, female cocottes are capable from three months to three old ages while their male clients are released without any punishments. So the adult female is the lone carrier of the incrimination in this instance. The penal codification and jurisprudence 10 for 1961 sing battling harlotry does besides know apart against adult females and give them higher sentences than work forces. This same jurisprudence 10/1961, covering with orgy and harlotry has been used and is still used by the Egyptian authorities to penalize homophiles.
Crackdown on homophiles
The Islamic resurgence that followed the 1967 military licking and the acceptance of crude Arab imposts that followed the early 70 ‘s migration to the to the gulf during the petrodollar roar to which Egypt has been subjected has resulted in the non alteration of gender functions, the dealingss between work forces and adult females and the construct of homosexualism as a “ misdemeanor of Islamic jurisprudence ” . It is in this context that the imprisonment of work forces prosecuting in same sex relation by the Egyptian authorities became inevitable particularly when it serves the government best involvement in deflecting the multitudes, lifting the command on the Islamists and enrolling the conservativists:
Since early 2001, a turning figure of work forces have been arrested, prosecuted and convicted for holding sexual dealingss with other work forces. Human Rights Watch knows the names of 179 work forces whose instances under the Torahs of ‘debauchery ‘ were brought before prosecuting officers since the beginning of 2001 ; in all chance that is merely a little per centum of the true sum. Hundreds of others have been harassed, arrested frequently anguished, but non charged. Work forces are whipped, crush, edge and suspended in painful and inhumane places, splashed with ice cold H2O, and burned with lit coffin nails. ( Human Rights Watch Report 2004:1 )
The most celebrated constabulary entrapment of male homophiles in Cairo was the Queen Boat incident in May 2001 in which 52 work forces were sent to prison because of their sexual penchant for other work forces. Their full names, references, places and exposures have been made public through local newspapers. In November of the same twelvemonth, twenty three work forces were sentenced to one to five old ages in prison.
This inhibitory run did non merely restrict itself to public topographic points such as discotheques, streets, hotels and mouleds but besides targeted private infinites such as homophiles ‘ places, parties and assemblages in Cairo and in other Egyptian governorates such as Alexandria and Tanta. “ Police foray places, tap phones and usage countless betrayers to place work forces suspected of homosexual Acts of the Apostless. Undercover detectives answer cyberspace personals, arrange to run into alone men-and drag them to imprison ” ( Long 2004: 13 ) .
Gay betrayers have been recruited by the Ministry of Interior andthe Secret Services to work on collaring male homosexualsusing confab suites in homosexual web sites. Since the beginning of the crackdown on homophiles, early 2001, forty six work forces have been entrapped and half a twelve of homosexual web sites have closed down. Among these 40s six work forces at that place was a 17 twelvemonth old young person who was sentenced to two old ages prison in February 2004, merely because he posted his image and information on a cheery web site. “ Since the outgrowth of the cyberspace as a popular medium and look in Egypt around the bend of the 20 first century, the Egyptian authorities in rebelliousness of UN criterions has been raising the streamer of protection of public morality to warrant intrusive surveillance of this new technological challenge to its control over Egyptians citizens ” ( Bahgat 2004:23 ) .
The exchanges of electronic mails or the texts of chartroom conversations have been presented to the tribunals as grounds. Most of the suspects have been acquitted by entreaties tribunals, merely because they have denied being homophiles and the prosecution has failed to turn out that they are… the moral apprehensiveness that has resulted from the demonisation of the cyberspace and the fact that most Judgess are nescient of basic constructs about the information super-highway allow constabularies officer and prosecuting officers to go against the jurisprudence and acquire off with it. ( Bahgat 2004:24 )
Men suspected of being homophiles are besides forced to subscribe confessions and to make an anal scrutiny without their consent. If these work forces are found to hold had anal intercourse with other work forces they are imprisoned. “ Work force have told Human Rights Watch how they were whipped, crush, edge and suspended in painful places, splashed with ice-cold H2O, and burned with lit coffin nails. Men taken during mass roundups possibly tortured with electroconvulsive therapy on the limbs, genital or lingua ” ( Human Rights Watch 2004:2 ) .
Since October 2007, twelve homosexual work forces were arrested by the Egyptian authorization because they were suspected of being HIV positive. Harmonizing to BBC NEWS and in an article entitled “ Egypt Police ‘widen HIV apprehensions ‘ published on February the fifteenth 2008 all of these suspects were forced to hold an anal scrutiny and HIV trial without their consent. Five work forces were in fact found to hold HIV. Among these work forces ; nine were convicted and sentenced to one to three old ages of prison. “ These instances show Egyptian constabulary moving on the unsafe belief that HIV is non a status to be treated but a offense to be punished, “ Gasser Abdel-Razek, HRW ‘s moving manager of regional dealingss in the Middle East, told the BBC. ” ( hypertext transfer protocol: //news.bbc.co.uk/2/hi/middle _east/7247228.stm ) .
No Torahs forestalling same sex dealingss exist in Egypt but still, homophiles merely like members of unsafe Islamist groups are being sent to the State Emergency Courts. These tribunals were established after the decease of Sadat in 1982, so that any offense might travel to the exigency province security tribunal. The president is the lone 1 who has the power to change or invalidate sentences without any possibility of entreaty and no constitutional support. “ The Egyptian inmates, after all were tried in a security court which permitted no entreaty, as enemies of faith and the province ” ( Long 2004:20 ) .
Two elements of Egyptian statute law are used to imprison homophiles. First, article 98 of the penal codification provinces that “ Any individual who exploits faith in order to advance or recommend radical political orientations by word of oral cavity, in composing or in any other mode with a position to stirring up sedition, belittling or minimizing any divinely-revealed faith or its disciples, or prejudicing national integrity or societal harmoniousness ” . Second, male homophiles are besides convicted for fujur/debauchery and Torahs battling harlotry are used to collar them. The jurisprudence 10/1961 on the combating of harlotry claims that: “ Whoever incites a individual, be the male or female, to prosecute in orgy or in harlotry or aids in this or facilitates it and likewise whoever employs a individual or tempts him or induces him with the purpose of pr