Asylum in Palestine: The Legal Paradox Undermining the Narrative

Seeking asylum in Palestine as a gai: the contradiction no one explains

Seeking political asylum in Palestine as a gai is not a survival strategy; it is, at best, an exercise in legal ignorance. The claim, circulated on social media, has sparked intense debate regarding the actual situation of LGBTQI rights in the Palestinian territories. However, a detailed analysis of current legislation reveals an uncomfortable reality that dismantles the discourse.

Two Penal Codes, One Land

Legally, there is no single Palestine. In the West Bank, the Jordanian penal code of 1951 remains in force, reformed in 1960, which does not penalize same-sens relationships. Jordan decriminalized them in 1951, and upon annexation of the West Bank, extended the same text there. On paper, therefore, gaiity is legal in that area.

In Gaza, however, another norm applies: the penal ordinance of the British Mandate of 1936, which has never been repealed. This ordinance includes provisions that penalize gai relationships, with sentences that can reach imprisonment. Thus, legality depends on the exact location of one's presence.

The Reality of Persecution: The Al Qaws Case

The law is not the only obstacle. In August 2019, the spokesperson for the Palestinian police, Louai Irzeqat, announced that they would prohibit any activity by Al Qaws, an LGBTQI organization operating in the West Bank. He described it as a “suspicious group” and promised to detain and prosecute its members. Although this announcement did not translate into mass arrests, it demonstrates that social and political persecution is real, regardless of the legal text.

The Spanish Historical Precedent

The debate has also brought up an episode from Spanish history. The Law of Vagrants and Malcontents, enacted in 1933 during the Second Republic, did not include gaiity. It was the Franco regime that, in 1954, modified the law to include gais, using it as an instrument of repression. This historical reference has been used to argue that contemporary Spanish conservatism is not comparable to that regime, but also to serve as a reminder that legal persecution can come from anywhere.

Public Reaction and Credibility

The original claim has been met with skepticism and ridicule in wide sectors. Many point out that the person making the statement does not seem to know the reality of the Palestinian territories, where the LGBTQI community suffers discrimination and violence. Others, more cynical, suggest it is a deliberate provocation to generate controversy. In any case, the lack of legal and social knowledge is evident.

It is likely that this claim will remain just a provocation on social media. But if anyone takes it seriously, the outcome would be tragic. The legal and social reality in Palestine is far from being a refuge for the LGBTQI community, and the contradiction between discourse and practice is a reminder that ignorance can be dangerous.