Same-sex relations are punishable under article 338 of the penal code by up to two years in prison. More »
×Algeria
Same-sex relations are punishable under article 338 of the penal code by up to two years in prison. At a press conference in September during a visit by German Chancellor Angela Merkel, a journalist asked Prime Minister Ahmed Ouyahia about the rights of homosexuals. Ouyahia replied that “Algerian society has its own traditions, which will continue to evolve according to its values.â€
Antigua and Barbuda's 1995 Sexual Offences Act criminalizes the act of buggery between consenting adults More »
×Antigua and Barbuda
Antigua and Barbuda's 1995 Sexual Offences Act criminalizes the act of buggery between consenting adults with a sentence of 15 years in prison and criminalizes acts of "serious indecency" with a sentence of up to five years. Human Rights Watch has documented homophobic violence and threats faced by gay men and trans women in Antigua and Barbuda.
The Royal Police Force of Antigua and Barbuda has undergone LGBTI Sensitization Training to better protect the rights of LGBTI people, facilitated by Caribbean activists.
In 2010, Argentina became the first Latin American country to legalize same-sex marriage. More »
×Argentina
In 2010, Argentina became the first Latin American country to legalize same-sex marriage. The Civil Marriage Law allows same-sex couples to enter civil marriages and affords them the same legal marital protections as different-sex couples, including adoption rights and pension benefits. Since 2010 more than 18,000 same-sex couples have married nationwide.
LGBT people face harassment, discrimination, and violence. Hateful and derogatory comments circulated on social media regarding the private visit to the country in May 2018 of musician Elton John and his husband. More »
×Armenia
LGBT people face harassment, discrimination, and violence. Hateful and derogatory comments circulated on social media regarding the private visit to the country in May 2018 of musician Elton John and his husband. .
In August, a crowd of about 30 people attacked nine LGBT activists in a southern Armenian village. The assailants ran after Hayk Hakobyan and his fellow activists, as they tried to escape, hitting, kicking, throwing stones, and shouting profanities, injuring six. Police questioned several of the attackers. At time of writing, no one had been charged.
Earlier in April, Hakobyan was the victim of another homophobic assault. He reported it, but authorities failed to effectively investigate.
The LGBT rights organization PINK Armenia documented physical attacks against at least 17 individuals based on sexual orientation or gender identity between January and August.
New Generation, a nongovernmental organization, had to cancel an LGBT Christian Groups’ conference planned in November, amid uproar by the public and government officials over the event.
Fear of discrimination and public disclosure of their sexual orientation prevents many LGBT people from reporting crimes. The criminal code does not recognize homophobia as an aggravating criminal circumstance, and a government bill on equality does not include sexual orientation and gender identity as grounds for protection from discrimination.
Openly gay men fear for their physical security in the military, and some seek exemption from serving in the army. An exemption, however, requires a medical conclusion finding them “psychologically or mentally unfit†to serve. In Armenia, a finding of “psychological or mental disorder†could be an obstacle to employment or obtaining a driver’s license.
Austria conducted its first same-sex marriages on January 1, 2019. More »
×Austria
Austria conducted its first same-sex marriages on January 1, 2019. Marriage equality came to Austria following a December 2017 Constitutional Court ruling that the government and Parliament had until January 1, 2019, to introduce legislation allowing same-sex couples to marry. The government took no action to pass legislation, but in accordance with the court ruling, in the absence of government action, the law on civil marriage law is now to be automatically be read as if amended.
Adultery and sexual relations outside marriage are criminalized. No law prohibits discrimination on the grounds of sex, gender identity, or sexual orientation. More »
×Bahrain
Same-sex conduct between adults over 21 years has not been criminalized since the repeal of the 1955 British-imposed Penal Code in 1976. But alleged homosexual or gender non-conforming acts, such as organizing a “gay party†or cross-dressing, have been prosecuted under vague and undefined penal code provisions against “indecency†and “immorality.â€
No law prohibits discrimination on the grounds of gender, gender identity, or sexual orientation.
NEWAdultery and sexual relations outside marriage are criminalized. No law prohibits discrimination on the grounds of sex, gender identity, or sexual orientation.
Although the government took some steps in recent years, such as declaring legal recognition of a third gender category for hijras (sometimes referred to as transgender women), policy implementation on access to state benefits were weak, and sexual and gender minorities remained under constant pressure and threat. More »
×Bangladesh
Sexual and gender minorities fear for their safety, amid a climate of impunity for attacks on minorities by religious extremists, and feared that, if they were targeted, authorities would deny that they were targeted because of their sexual orientation or gender identity, rather than come to their defense.
Chapter 154 of the 1992 Sexual Offences Act punishes any person who commits "buggery" with life imprisonment, and any person who commits an "act of serious indecency" with 16 years in prison. More »
×Barbados
Chapter 154 of the 1992 Sexual Offences Act punishes any person who commits "buggery" with life imprisonment, and any person who commits an "act of serious indecency" with 16 years in prison. In 2016, Prime Minister Stuart of Barbados claimed that the Sexual Offences Act only applies in cases of non-consensual sex.
The Royal Barbados Police Force has embarked on sensitivity training regarding the LGBTI community.
In May 2018, police charged lesbian, gay, bisexual, and transgender (LGBT) activist Vika Biran for staging single-person pickets near three governmental buildings to protest the Interior Ministry’s statement decrying the British embassy for flying a rainbow flag to mark the International Day Against Homophobia. More »
×Belarus
In May 2018, police charged lesbian, gay, bisexual, and transgender (LGBT) activist Vika Biran for staging single-person pickets near three governmental buildings to protest the Interior Ministry’s statement decrying the British embassy for flying a rainbow flag to mark the International Day Against Homophobia. Courts convicted her of two offenses of violating rules on public gatherings and fined her a total of 735 Belarusian rubles (US$335).
In 2016 the Belize Supreme Court became the first Commonwealth Caribbean Court to hold that laws that criminalize same-sex intimacy were unconstitutional, affirming the rights of LGBT people in Belize to dignity, privacy, and equality before the law. More »
×Belize
In 2016 the Belize Supreme Court became the first Commonwealth Caribbean Court to hold that laws that criminalize same-sex intimacy were unconstitutional, affirming the rights of LGBT people in Belize to dignity, privacy, and equality before the law. The court struck down Section 53 of the criminal code, which outlawed "carnal intercourse against the order of nature," and reduced the scope of Section 53 by excluding sexual activity taking place in private between consenting adults.
Bhutan’s penal code punishes “sexual conduct against the order of nature†with one month to one year in prison.
×Bhutan
Bhutan’s penal code punishes “sexual conduct against the order of nature†with one month to one year in prison.
In 2016, the Plurinational Assembly passed a bill that allows people to revise the gender listed on their identification documents without prior judicial approval. More »
×Bolivia
In 2016, the Plurinational Assembly passed a bill that allows people to revise the gender listed on their identification documents without prior judicial approval.
However, in November 2017, the Constitutional Court ruled that revision of gender did not grant the right to marry a person of the same biological sex.
Same-sex couples are not allowed to marry or engage in civil unions. Bolivia’s 2009 constitution defines marriage as the union of a man and a woman.
Between January and September 2018, Sarajevo Open Center, a lesbian, gay, bisexual, transgender, and intersex (LGBTI) and women’s rights group, recorded 27 hate-motivated incidents against LGBTI people, including 10 involving domestic violence, and 136 cases of hate speech, mostly online. More »
×Bosnia and Herzegovina
Between January and September 2018, Sarajevo Open Center, a lesbian, gay, bisexual, transgender, and intersex (LGBTI) and women’s rights group, recorded 27 hate-motivated incidents against LGBTI people, including 10 involving domestic violence, and 136 cases of hate speech, mostly online. Five cases were reported to police, one of which was referred to a prosecutor. However, the status of the investigation was unknown at time of writing.
According to Foundation CURE, a feminist activist organization, politicians in Bosnia and Herzegovina still hesitate to discuss LGBT rights and concerns, police often dismiss hate crimes against LGBT people, and acquiring permits for LGBT events and peaceful gatherings was significantly more difficult in 2018 than in previous years.
In a notable development, Republika Srpska amended its criminal law to include an offence of public incitement to violence and hatred based on sex, sexual orientation, and gender identity.
In March 2019, following several delays, Botswana’s High Court will hear a case challenging the constitutionality of laws prohibiting consensual same-sex conduct. More »
×Botswana
In March 2019, following several delays, Botswana’s High Court will hear a case challenging the constitutionality of laws prohibiting consensual same-sex conduct. In October 2017, the court ruled that a transgender man should be allowed to hold official documents that reflect his gender identity, the culmination of a 7-year case for legal recognition supported by the Southern Africa Litigation Centre.
In September 2017, a federal judge overruled a 1999 decision by the Federal Council of Psychology that banned conversion therapy, which attempts to change an individual’s sexual orientation or gender identity. The council’s appeals to a federal court and to the Supreme Court were pending at time of writing. More »
×Brazil
In September 2017, a federal judge overruled a 1999 decision by the Federal Council of Psychology that banned conversion therapy, which attempts to change an individual’s sexual orientation or gender identity. The council’s appeals to a federal court and to the Supreme Court were pending at time of writing.
In March, the Supreme Court ruled that the government can no longer require transgender people who want their name and gender marker on identification documents changed to undergo medical procedures or subject their decisions to judicial review.
Brazilian media reported about dozens of cases of threats and attacks against lesbian, gay, bisexual, and transgender people during the presidential campaign, many of them allegedly by supporters of President Bolsonaro. Bolsonaro and his allies are promoting a bill that would prohibit teachers from using the terms “gender†or “sexual orientation,†and would order that sex and religious education be framed around “family values.â€
Brunei’s penal code punishes “carnal intercourse against the order of nature†with up to ten years in prison and a fine. More »
×Brunei
Brunei’s penal code punishes “carnal intercourse against the order of nature†with up to ten years in prison and a fine. Sultan Hassanal Bolkiah announced in April 2014 that Brunei would introduce a national Sharia (Islamic) penal code, to be implemented in multiple phases. The new penal code will subject individuals convicted of liwat (sodomy) to death by stoning, and individuals convicted of musahaqah (same-sex relations between women) to whipping, fines, and up to 10 years in prison.
Burma’s penal code punishes “carnal intercourse against the order of nature†with up to ten years in prison and a fine. More »
×Burma
Burma’s penal code punishes “carnal intercourse against the order of nature†with up to ten years in prison and a fine.
Burundi punishes consensual same-sex sexual relations between adults with up to two years in prison under Article 567 of the penal code. More »
×Burundi
Burundi punishes consensual same-sex sexual relations between adults with up to two years in prison under Article 567 of the penal code.
Cameroon’s penal code punishes “sexual relations between persons of the same sex†with up to five years in prison. More »
×Cameroon
Cameroon’s penal code punishes “sexual relations between persons of the same sex†with up to five years in prison. Police and gendarmes continued to carry out arrests and harassment of people they believe to be lesbian, gay, bisexual or transgender (LGBT). In April, police arrested four activists and a security guard at the office of AJO, an organization that works on HIV education with men who have sex with men (MSM), and other vulnerable groups. They spent a week in jail on spurious homosexuality charges before a lawyer secured their release. Cameroonian human rights organizations documented the arrest of at least 25 other men and at least two women on homosexuality charges in the first half of 2018. They also reported numerous cases of physical violence by private citizens targeting LGBT people.
In May, the Senate passed Bill C-66, which expunges the records of individuals who were prosecuted because of their sexuality when homosexuality was criminalized in Canada. More »
×Canada
In May, the Senate passed Bill C-66, which expunges the records of individuals who were prosecuted because of their sexuality when homosexuality was criminalized in Canada. The bill follows Prime Minister Trudeau’s 2017 apology in the House of Commons for the historic mistreatment of sexual minorities by the Canadian government.
In 2017, Chad’s president signed into law a new Penal Code that, for the first time, prohibits consensual same-sex relations. More »
×Chad
In 2017, Chad’s president signed into law a new Penal Code that, for the first time, prohibits consensual same-sex relations. Article 354 of the new Penal Code punishes “sexual relations with a person of one’s sex†with three months to two years in prison and a fine.
In November 2018, President Piñera signed into law a bill to allow transgender individuals over 14 years of age to legally change their name and gender in the civil registry, with no requirement for surgery or change in physical appearance. More »
×Chile
In November 2018, President Piñera signed into law a bill to allow transgender individuals over 14 years of age to legally change their name and gender in the civil registry, with no requirement for surgery or change in physical appearance. The passage of the bill, which has been before Congress since 2013, marks an important step forward for transgender people in Chile.
The Bachelet administration’s bill to legalize same-sex marriage and allow same-sex couples the right to adoption or other reproductive options, submitted in August 2017, remains pending in the Senate.
While China decriminalized homosexuality in 1997, it lacks laws protecting people from discrimination on the basis of sexual orientation or gender identity, and same-sex partnership is not legal. More »
×China
While China decriminalized homosexuality in 1997, it lacks laws protecting people from discrimination on the basis of sexual orientation or gender identity, and same-sex partnership is not legal.
In March, the Beijing International Film Festival pulled an award-winning film featuring a homosexual relationship, “Call Me By Your Name,†after it failed to pass government approval. In April, Chinese social media platform Weibo announced that posts related to gay culture would be taken down, as part of a “cleanup†effort. The move prompted widespread protest: many people posted messages with the hashtag “I am gay†and rainbow emoticons. Weibo subsequently dropped the restriction.
In Hong Kong, the territory’s highest court in July ruled that the government’s denial of a visa and associated benefits to the same-sex spouse of a legal resident amounted to discrimination. Around the same time, Hong Kong authorities decided to move a selection of 10 children’s books with LGBT themes to the “closed stacks†in public libraries.
A gay teacher in September filed a suit against his former school, alleging that he was fired because he posted information on social media about a lesbian, gay, bisexual, and transgender (LGBT)-themed event that he had attended.
In recent years, authorities have taken several steps to recognize the rights of lesbian, gay, bisexual, and transgender (LGBT) people. More »
×Colombia
In recent years, authorities have taken several steps to recognize the rights of lesbian, gay, bisexual, and transgender (LGBT) people. In June 2015, the Justice Ministry issued a decree allowing people to revise the gender noted on their identification documents without prior judicial approval. In November 2015, the Constitutional Court ruled that Colombians cannot be barred from adopting a child because of their sexual orientation. In 2016, the court upheld the right of same-sex couples to marry.
Comoros’s penal code punishes “impudent acts†or “acts against nature†with two to five years in prison and a fine.
×Comoros
Comoros’s penal code punishes “impudent acts†or “acts against nature†with two to five years in prison and a fine.
Cook Islands’ penal code punishes sodomy and “indecent acts between males†with five to seven years in prison.
×Cook Islands
Cook Islands’ penal code punishes sodomy and “indecent acts between males†with five to seven years in prison.
In November 2018, Costa Rica’s Supreme Court ordered the government to extend marriage rights to same-sex couples within 18 months, following an August Supreme Court decision ruling unconstitutional a law prohibiting same-sex marriage. More »
×Costa Rica
In November 2018, Costa Rica’s Supreme Court ordered the government to extend marriage rights to same-sex couples within 18 months, following an August Supreme Court decision ruling unconstitutional a law prohibiting same-sex marriage. The rulings came in light of a January 2018 advisory opinion issued by the Inter American Court of Human Rights which affirmed that the American Convention on Human Rights requires countries to allow same-sex couples access to civil marriage, and all of the rights and benefits that derive from it.
Côte d’Ivoire does not criminalize same-sex conduct, although the criminal code establishes higher minimum sentences for public indecency for same-sex couples. More »
×Côte d’Ivoire
Côte d’Ivoire does not criminalize same-sex conduct, although the criminal code establishes higher minimum sentences for public indecency for same-sex couples. An antidiscrimination provision in Côte d’Ivoire’s new constitution, promulgated in January 2017, does not include protection against discrimination on grounds of sexual orientation. Incidents of discrimination against lesbian, gay, bisexual, and transgender persons, including physical assaults, are common.
Following public protest, the Cuban government decided to remove language from the proposed new constitution that would have redefined marriage to include same-sex couples. More »
×Cuba
Following public protest, the Cuban government decided to remove language from the proposed new constitution that would have redefined marriage to include same-sex couples.
The 1998 Sexual Offences Act punishes same- sex conduct between two consenting adults with 10 years in prison. More »
×Dominica
The 1998 Sexual Offences Act punishes same- sex conduct between two consenting adults with 10 years in prison. The law specifies that if a person is convicted of "buggery," "the Court may order that the convicted person be admitted to a psychiatric hospital for treatment."
Same-sex couples are not allowed to marry in Ecuador. Since 2008, civil unions have been recognized but do not accord the full range of rights enjoyed by married couples, including the ability to adopt children. More »
×Ecuador
Same-sex couples are not allowed to marry in Ecuador. Since 2008, civil unions are recognized but do not accord the full range of rights enjoyed by married couples, including the ability to adopt children.
In July 2018, two Cuenca lower courts issued historic decisions in favor of two same-sex couples who had challenged the civil registry office, which refused to register their marriages. The courts cited Ecuador’s international obligations and ordered the marriages registered. The civil registry appealed. In September, a provincial appeals court overturned the Cuenca courts’ decisions, ruling that the Ecuadorean Constitution defines marriage as the union between a man and a woman.
In May, Ecuador’s Constitutional Court ruled that a girl, born in Ecuador, with two British mothers should be registered as an Ecuadorean citizen, and that the registry office should record the names of her two mothers as her parents.
In October, a family judge in Quito ruled in favor of a girl and her parents, who were requesting the change of name and gender in her identity document, to match her self-perceived gender identity. The Civil Registry appealed the decision.
Egypt continues to prosecute dozens of people based on their sexual orientation or gender identity. More »
×Egypt
Egypt continues to prosecute dozens of people based on their sexual orientation or gender identity. Bedayaa, a Cairo-based LGBT rights organization, reported that at least 76 people were prosecuted for alleged same-sex conduct in 2018. In January 2019, a TV anchor was sentenced to one year in prison for interviewing a gay man on television. Unlike other countries in the region, Egypt has taken no steps to ban forced anal examinations of people accused of homosexual conduct.
LGBT individuals are targets of homophobic and transphobic violence, including by police and gang members. Since 1994, over 600 have been killed, according to four Salvadoran LGBT rights organizations. More »
×El Salvador
LGBT individuals are targets of homophobic and transphobic violence, including by police and gang members. Since 1994, over 600 have been killed, according to four Salvadoran LGBT rights organizations.
El Salvador introduced hate crimes into its penal code in September 2015. To date, no cases have been prosecuted as hate crimes. Human Rights Watch is not aware of any bias-related murders of known LGBT individuals that have resulted in conviction.
Eritrea’s 2015 penal code punishes homosexual conduct with five to seven years in prison. More »
×Eritrea
Eritrea’s 2015 penal code punishes homosexual conduct with five to seven years in prison.
A colonial-era law criminalizes “sodomy,†with an unspecified sentence. Despite this law, lesbian, gay, bisexual, and transgender (LGBT) activists successfully held the first ever “Eswatini Pride†in June 2018, with hundreds marching in the streets of Mbabane in support of LGBT equality.
Ethiopia’s criminal code punishes homosexual acts with up to 15 years in prison. More »
×Ethiopia
Ethiopia’s criminal code punishes homosexual acts with up to 15 years in prison.
President Barrow’s government has promised not to prosecute same-sex couples for consensual sexual acts, which sharply contrasted with Jammeh’s hate-filled rhetoric toward lesbian, gay, bisexual, and transgender (LGBT) persons. More »
×Gambia
President Barrow’s government has promised not to prosecute same-sex couples for consensual sexual acts, which sharply contrasted with Jammeh’s hate-filled rhetoric toward lesbian, gay, bisexual, and transgender (LGBT) persons. However, the government has not repealed laws that criminalize same-sex conduct, including an October 2014 law that imposes sentences of up to life in prison for “aggravated homosexuality†offenses.
According to the ombudsman, LGBT individuals often experience abuse, intolerance, and discrimination in every sphere of life. Homophobic statements by public officials feed widespread homophobia in society. More »
×Georgia
According to the ombudsman, LGBT individuals often experience abuse, intolerance, and discrimination in every sphere of life. Homophobic statements by public officials feed widespread homophobia in society.
In June, Justice Minister Tea Tsulukiani tried to deflect generalized criticism of her tenure by invoking her conservative position on gender recognition, possibly to tap into public transphobia. A group of prominent nongovernmental groups (NGOs) had demanded Tsulukiani’s resignation over her failure to implement key justice reforms, including in the judiciary. Tsulukiani responded by saying these groups held a grudge against her because she refused to register “a person with male organs as female†and vice-versa. Georgian law allows gender recognition for transgender people, however, transgender people are required to present proof of gender reassignment surgery.
Ghana has taken substantial positive steps in its treatment of LGBT people. More »
×Ghana
Ghana has taken substantial positive steps in its treatment of LGBT people. At least two government agencies, the Ghana Police Force and the Commission on Human Rights and Administrative Justice, have reached out to LGBT people and taken proactive steps to ensure their protection in state operations. On the other hand, Human Rights Watch has documented the impact of Ghana’s 1960 Criminal Offences Act, Section 104(1)(b), which criminalizes consensual same-sex conduct between adults and contributes to a climate of fear and violence for LGBT Ghanaians. Lesbians, bisexual women and transgender men in Ghana are frequently victims of domestic violence and coerced marriage, and homophobic comments by Ghanaian officials in some cases incite violence towards people on the basis of real or imputed sexual orientation or gender identity.
Article 430 of Grenada's Criminal Code of 1987 defines "any grossly indecent act" as a misdemeanor. More »
×Grenada
Article 430 of Grenada's Criminal Code of 1987 defines "any grossly indecent act" as a misdemeanor. Article 431 punishes "unnatural connexion" with a sentence of 10 years, a provision that has been interpreted in at least three cases to include consensual anal intercourse between same-sex persons.
In 2016, Grenadians voted against a referendum instituting protections from discrimination based on gender, in part due to fears that the referendum would open a legal path to same-sex marriage.
Guinea’s penal code punishes undefined indecent acts or acts against nature with six months to three years in prison. More »
×Guinea
Guinea’s penal code punishes undefined indecent acts or acts against nature with six months to three years in prison.
The proposed “Life and Family Protection†bill that was approved in a preliminary version in August contains provisions that discriminate against LGBT people. More »
×Guatemala
The proposed “Life and Family Protection†bill that was approved in a preliminary version in August contains provisions that discriminate against LGBT people. It prohibits same-sex marriage and defines marriage as a union between people who were a man and a woman “by birth,†thus excluding many transgender people. The bill defines “sexual diversity†as “incompatible with the biological and genetic aspects of human beings.â€
The bill also establishes that “freedom of conscience and expression†protect people from being “obliged to accept non-heterosexual conduct or practices as normal.†This provision could be interpreted to mean that people can be denied services on the basis of sexual orientation or gender identity, in violation of international human rights law.
Guyana criminalizes "acts of gross indecency" between men with two years in prison (article 352). More »
×Guyana
Guyana criminalizes "acts of gross indecency" between men with two years in prison (article 352). The criminal code sentences any person convicted of "buggery" to life in prison (article 354). In November 2018, the Caribbean Court of Justice struck down a law that criminalized cross-dressing in public “for an immoral purpose,†stating that the law violated transgender people’s rights to equality and non-discrimination.
Lesbian, gay, bisexual, and transgender (LGBT) people continue to suffer high levels of discrimination.
In 2017, the Haitian Senate passed two anti-LGBT bills, which were under consideration by the Chamber of Deputies as of November 2018. More »
×Haiti
Lesbian, gay, bisexual, and transgender (LGBT) people continue to suffer high levels of discrimination.
In 2017, the Haitian Senate passed two anti-LGBT bills, which were under consideration by the Chamber of Deputies as of November 2018. One bill would regulate conditions for the issuance of the Certificat de Bonne Vie et MÅ“urs, a document that many employers and universities require. The bill lists homosexuality, alongside child pornography, incest, and commercial sexual exploitation of children, as a reason to deny a citizen a certificate.
The other bill calls for a ban on gay marriage, as well as any public support or advocacy for LGBT rights. Should the ban become law, “the parties, co-parties and accomplices†of a same-sex marriage could be punished by three years in prison and a fine of about US$8,000.
Violence based on gender identity or sexual orientation is a major problem in Honduras. Several UN agencies working in Honduras have noted that violence against LGBT individuals forces them into “internal displacement†or to flee the country in search of international protection. More »
×Honduras
Violence based on gender identity or sexual orientation is a major problem in Honduras. Several UN agencies working in Honduras have noted that violence against LGBT individuals forces them into “internal displacement†or to flee the country in search of international protection.
In August 2018, Honduran Congress approved several articles of a preliminary version of a new adoption law that would prohibit same-sex couples from adopting children. Final approval of the law remained pending at time of writing.
In September, India’s Supreme Court struck down section 377 of India’s penal code, decriminalizing consensual adult same-sex relations. The ruling followed decades of struggle by activists, lawyers, and members of LGBT communities. The court’s decision also has significance internationally, as the Indian law served as a template for similar laws throughout much of the former British empire. More »
×India
In September, India’s Supreme Court struck down section 377 of India’s penal code, decriminalizing consensual adult same-sex relations. The ruling followed decades of struggle by activists, lawyers, and members of LGBT communities. The court’s decision also has significance internationally, as the Indian law served as a template for similar laws throughout much of the former British empire.
In August, the union cabinet approved revisions to the Transgender Persons Bill, introduced in parliament in August 2016. Rights groups and a parliamentary committee criticized the draft law for contradicting several provisions laid down in a 2016 Supreme Court ruling, including transgender people’s right to self-identify. The revised bill incorporates many of the committee’s recommendations, but falls short of ensuring that transgender people receive needed education and employment benefits.
Indonesian authorities continued to fail to uphold basic rights of LGBT people, fueling a spike in the country’s HIV epidemic. HIV rates among men who have sex with men (MSM) have increased five-fold since 2007 from 5 to 25 percent. Police arbitrary and unlawful raids on private LGBT gatherings, assisted by militant Islamists, has effectively derailed public health outreach efforts to vulnerable populations. More »
×Indonesia
Indonesian authorities continued to fail to uphold basic rights of LGBT people, fueling a spike in the country’s HIV epidemic. HIV rates among men who have sex with men (MSM) have increased five-fold since 2007 from 5 to 25 percent. Police arbitrary and unlawful raids on private LGBT gatherings, assisted by militant Islamists, has effectively derailed public health outreach efforts to vulnerable populations.
In January 2018, police and Sharia police in North Aceh detained 12 transgender women and forced them to disrobe. National Police Chief Tito Karnavian ordered an investigation into the raids.
A criminal code bill, designed to replace the 1918 Dutch-colonial era criminal code, underwent several rounds of debate and revision in parliament. Some lawmakers pushed to include criminal sanctions for adult consensual same-sex conduct—a law Indonesia has never previously had—justifying it on the grounds that such provisions “protect†LGBT people from vigilante violence. The government representative on the drafting committee said he opposed criminalizing same-sex conduct, but at time of writing the process had stalled and language referring to undefined “deviant sex†remained in the draft.
Under Iranian law, same-sex conduct is punishable by flogging and, for men, the death penalty. Although Iran permits and subsidizes sex reassignment surgery for transgender people, no law prohibits discrimination against them. On September 14, 2017, Nasser Atabati, prosecutor of Ardebil province, told media that six people had been arrested in Ardebil for "promoting homosexuality" on the Telegram messaging platform. More »
×Iran
Under Iranian law, same-sex conduct is punishable by flogging and, for men, the death penalty. Although Iran permits and subsidizes sex reassignment surgery for transgender people, no law prohibits discrimination against them. On September 14, 2017, Nasser Atabati, prosecutor of Ardebil province, told media that six people had been arrested in Ardebil for “promoting homosexuality†on the Telegram messaging platform.
In March 2017, before the Committee on the Rights of the Child, Iran denied allegations that coercive treatment and electric shocks were being used against lesbian, gay, bisexual, and transgender (LGBT) people.
Iraq’s criminal code does not prohibit same-sex sexual relations, although article 394 makes it illegal to engage in extra-marital sex. More »
×Iraq
Iraq’s criminal code does not prohibit same-sex sexual relations, although article 394 makes it illegal to engage in extra-marital sex. Paragraph 401 of the penal code holds that any person who commits an “immodest act†in public can be put in prison for up to six months, a vague provision that could be used to target sexual and gender minorities, although such cases have not been documented.
Sections 76, 77, and 79 of Jamaica’s Offences Against the Person Act (1864) criminalize both consensual and non-consensual sex between men, and punish same-sex conduct with a sentence of up to 10 years in prison or hard labor. More »
×Jamaica
Sections 76, 77, and 79 of Jamaica’s Offences Against the Person Act (1864) criminalize both consensual and non-consensual sex between men, and punish same-sex conduct with a sentence of up to 10 years in prison or hard labor. Human Rights Watch reports show that the “buggery laws†contribute to a hostile climate in which discrimination and violence are rife.
In the past, politicians have put forth the absence of a gender-neutral rape law as justification for retaining the buggery law. Jamaica’s Sexual Offences Act (2009) currently defines rape as the penetration of the vagina with the penis without consent, a narrow definition that fails to protect male victims of rape and female victims of non-vaginal rape. A gender- neutral law on rape or sexual assault may be a first step toward decriminalization of consensual same sex conduct, and the Sexual Offences Act is past due for review. At the time of writing, the Jamaican Governor-General had committed to a revision of the Sexual Offences Act in the 2018/2019 fiscal year.
The Tokyo Municipal Government (TMG) in October passed a LGBT non-discrimination law, which requires the TMG and encourages private organizations such as companies, schools, and private groups to act to address discrimination based on sexual orientation and gender identity. More »
×Japan
The Tokyo Municipal Government (TMG) in October passed a LGBT non-discrimination law, which requires the TMG and encourages private organizations such as companies, schools, and private groups to act to address discrimination based on sexual orientation and gender identity.
In doing so, it became the first prefectural level non-discrimination law regarding sexual orientation and gender identity. No such law exists at the national level.
Japan continues to enforce an outdated and discriminatory legal gender recognition law. Transgender people who want to change their legal gender in the family register and on official documents must submit themselves to psychiatric evaluations and diagnosis of “Gender Identity Disorder,†as well as surgeries that sterilize them. In January 2019, the Supreme Court upheld the sterilization requirement, but noted that there were “emerging doubts†regarding the law.
In March 2018, Feminita, an Almaty-based lesbian, gay, bisexual, and transgender (LGBT) group, issued a report that documented abuses against LGBT women in Kazakhstan, including insults, humiliation, harassment, illegal dismissals, and forced resignations. More »
×Kazakhstan
In March 2018, Feminita, an Almaty-based lesbian, gay, bisexual, and transgender (LGBT) group, issued a report that documented abuses against LGBT women in Kazakhstan, including insults, humiliation, harassment, illegal dismissals, and forced resignations. In August, Zhanar Sekerbaeva, a Feminita co-chair, was charged with petty hooliganism after participating in a photoshoot aimed at destigmatizing menstruation, and fined.
Kenya punishes consensual same-sex relations with up to 14 years in prison. More »
×Kenya
Kenya punishes consensual same-sex relations with up to 14 years in prison. A constitutional challenge to the ban remains pending before the High Court, with a ruling expected in February 2019. In October, a court ordered the seven-day suspension of a ban that the Kenya Film Classification Board had slapped on “Rafiki,†a love story about two young women whose fathers are political opponents.
Kiribati punishes “buggery†with up to 14 years in prison.
×Kiribati
Kiribati punishes “buggery†with up to 14 years in prison.
Adultery and extramarital intercourse are criminalized, and same-sex relations between men are punishable by up to seven years in prison. More »
×Kuwait
Adultery and extramarital intercourse are criminalized, and same-sex relations between men are punishable by up to seven years in prison. Transgender people can be arrested under a 2007 penal code provision that prohibits “imitating the opposite sex in any way.â€
Lesbian, gay, bisexual, and transgender (LGBT) rights groups reported that LGBT people continue to face ill-treatment, extortion, and discrimination by state and non-state actors. More »
×Kyrgyzstan
Lesbian, gay, bisexual, and transgender (LGBT) rights groups reported that LGBT people continue to face ill-treatment, extortion, and discrimination by state and non-state actors. In August 2018, following a local newspaper’s publication of a photograph of four Kyrgyz LGBT activists participating in a pride parade in Europe, the activists received anonymous death threats and were subject to online hate speech. The activists reported the threats to the State National Security Committee; an investigation is underway. There is widespread impunity for such abuses. Consideration of an anti-LGBT bill, which would ban “propaganda of nontraditional sexual relations,†remained stalled in parliament.
A January 2018 European Union-commissioned “Gender Study for Kyrgyzstan†found that “adequate measures to protect the fundamental rights of LGBT people as guaranteed by the Constitution and the International Covenant on Civil and Political Rights (ICCPR) do not exist.â€
Article 534 of the penal code punishes “any sexual intercourse contrary to the order of nature†with up to one year in prison. More »
×Lebanon
Article 534 of the penal code punishes “any sexual intercourse contrary to the order of nature†with up to one year in prison..
In July 2018, a district court of appeal issued a groundbreaking ruling that consensual sex between people of the same sex is not unlawful. This follows four similar judgments from lower courts declining to convict gay and transgender people under article 534 since 2007.
In May, the Lebanese Internal Security Forces arrested a prominent LGBT rights activist and pressured him to cancel Beirut Pride events. On September 29, General Security forces disrupted an LGBT conference, directing organizers to cease any conference activities.
The penal code prohibits all sexual acts outside marriage, including consensual same-sex relations, and punishes them with flogging and up to five years in prison. More »
×Libya
The penal code prohibits all sexual acts outside marriage, including consensual same-sex relations, and punishes them with flogging and up to five years in prison.
According to human rights activists, armed groups have continued to detain people because of their sexual orientation.
Section 153 of Malawi’s penal code provides that any person found guilty of committing an “unnatural offence /offence against the order of nature†is liable to 14 years in prison, with or without corporal punishment. Section 154 punishes attempted unnatural offences with seven years’ imprisonment, and section 156 punishes “gross indecency†between males with five years in prison, with or without corporal punishment. More »
×Malawi
Section 153 of Malawi’s penal code provides that any person found guilty of committing an “unnatural offence /offence against the order of nature†is liable to 14 years in prison, with or without corporal punishment. Section 154 punishes attempted unnatural offences with seven years’ imprisonment, and section 156 punishes “gross indecency†between males with five years in prison, with or without corporal punishment. Criminalization of consensual same-sex conduct in Malawi contributes to an environment in which lesbian, gay, bisexual and transgender (LGBT) individuals in Malawi face routine violence and discrimination in almost all aspects of their lives. The government pledged in 2012 to decriminalize same-sex conduct, but has not yet done so. The challenges facing LGBT people in the country have been further exacerbated by the lack of clarity and divergent opinions regarding the legality of a moratorium on arrests and prosecutions for consensual homosexual acts, issued in 2012 by the Ministry of Justice and Constitutional Affairs. In September 2013, the Malawi High Court issued a notice that it would review the conviction of three individuals for "unnatural offenses,†based on the constitutionality of this provision. The case could lead to decriminalization of same-sex conduct, but has faced significant delays.
Discrimination against LGBT people remains pervasive in Malaysia. Federal law punishes “carnal knowledge against the order of nature†with up to 20 years in prison, while numerous state Sharia laws prohibit both same-sex relations and non-normative gender expression, resulting in frequent arrests of transgender people. More »
×Malaysia
Discrimination against LGBT people remains pervasive in Malaysia. Federal law punishes “carnal knowledge against the order of nature†with up to 20 years in prison, while numerous state Sharia laws prohibit both same-sex relations and non-normative gender expression, resulting in frequent arrests of transgender people. While the new minister for religious affairs called for an end to workplace discrimination against LGBT people, he also made clear any visible expression of an alternative sexuality or gender identity will be prosecuted under existing laws, and that he supports programs, broadly discredited, designed to change personal sexual orientation.
In August, the religious affairs minister ordered the removal of portraits of transgender activist Nisha Ayub and LGBT activist Pang Khee Teik from an exhibit in Penang celebrating influential Malaysians, claiming the government’s policy is to not promote LGBT activities. The controversy unleashed a wave of verbal abuse against transgender people. On August 18, eight men brutally beat a transgender woman in Negeri Sembilan, causing internal injuries, broken ribs, and injuries to her head and back. Three transgender women were killed between November 2018 and January 2019.
In September, a Sharia court in Terengganu state ordered two women be given six strokes of the cane for alleged same-sex conduct. The sentence was carried out in a courtroom in front of 100 witnesses, prompting global criticism.
On September 21, Prime Minister Mahathir stated that Malaysia “cannot accept LGBT culture,†raising concern about the government’s commitment to protect the rights of LGBT people.
The Maldivian penal code criminalizes adult, consensual same-sex sexual conduct; the punishment can include imprisonment of up to eight years and 100 lashes. More »
×Maldives
The Maldivian penal code criminalizes adult, consensual same-sex sexual conduct; the punishment can include imprisonment of up to eight years and 100 lashes. Extremist groups in the Maldives have used social media to harass and threaten those who promote the rights of LGBT people.
Article 308 of the penal code prohibits homosexual conduct between Muslim adults and punishes it with death for males. There were no known cases of persons imprisoned or sentenced to death in 2018 for homosexual conduct. More »
×Mauritania
Article 308 of the penal code prohibits homosexual conduct between Muslim adults and punishes it with death for males. There were no known cases of persons imprisoned or sentenced to death in 2018 for homosexual conduct.
Mauritius punishes sodomy with up to five years in prison.
×Mauritius
Mauritius punishes sodomy with up to five years in prison.
Mexico City and 11 additional states have legalized same-sex marriage. More »
×Mexico
Mexico City and 11 additional states have legalized same-sex marriage. In other states, same-sex couples must file a constitutional challenge (amparo) to be allowed to marry; a 2015 Supreme Court decision holding that the definition of marriage as being only between a man and a woman violates the constitution, means that rulings in such cases should be in their favor. In September 2018, a same-sex couple in Michoacán was able to obtain a birth certificate for their child on which the two mothers were listed as the parents.
In 2016, President Peña Nieto instructed the Secretariat of Education to include the topic of sexual diversity in its new educational materials, with which it complied in 2018.
In October 2018, the Supreme Court ruled in favor of a transgender applicant who sought to change their gender marker through administrative means at the Civil Registry in Veracruz. The ruling, which cited an Inter-American Court on Human Rights advisory opinion on the right to legal gender recognition, suggested the court might uphold transgender rights in an upcoming case that may create binding jurisprudence.
Article 489 of the penal code stipulates prison terms of six months to three years for “lewd or unnatural acts with an individual of the same sex.†More »
×Morocco
Article 489 of the penal code stipulates prison terms of six months to three years for “lewd or unnatural acts with an individual of the same sex.â€
Two years since the decriminalization of homosexuality in Mozambique, and in spite of a November 2017 court decision that declared unconstitutional a law with vague “morality†provisions that had been used to justify denying registration to LGBT groups, the government has still not registered the country’s largest such group, Lambda. More »
×Mozambique
Two years since the decriminalization of homosexuality in Mozambique, and in spite of a November 2017 court decision that declared unconstitutional a law with vague “morality†provisions that had been used to justify denying registration to LGBT groups, the government has still not registered the country’s largest such group, Lambda. The UN Human Rights Council has appealed on several occasions for the government to register nongovernmental organizations that work on issues of sexual orientation and gender identity. Homosexuality is more widely tolerated in Mozambique than in many neighboring countries, but LGBT people and activists nonetheless point to frequent discrimination at work and mistreatment by family members.
Namibia criminalizes sodomy and “unnatural sexual offences†between men. The sentence is unspecified.
×Namibia
Namibia criminalizes sodomy and “unnatural sexual offences†between men. The sentence is unspecified.
The constitution recognizes sexual orientation and gender identity as protected through fundamental rights. More »
×Nepal
The constitution recognizes sexual orientation and gender identity as protected through fundamental rights. Although Nepal has in many ways been at the forefront of protecting the rights of sexual and gender minorities—including by legally recognizing a third gender category based solely on self-identification—the new criminal code, which came into force in 2018, only recognizes marriage rights as being between a man and woman.
The government moved to limit accommodation for newly arrived asylum seekers in the country, arguing that local authorities were increasingly meeting demand, and during the year closed multiple shelters, with the aim of reducing capacity from 31,000 to 27,000. More »
×Netherlands
The government moved to limit accommodation for newly arrived asylum seekers in the country, arguing that local authorities were increasingly meeting demand, and during the year closed multiple shelters, with the aim of reducing capacity from 31,000 to 27,000. The reduction in reception capacity for the second year in a row gave rise to concerns about the adequacy of provision for arriving asylum seekers.
In July, the government announced that it planned to improve procedures to assess asylum claims based on fear of persecution on grounds of lesbian, gay, bisexual, and transgender (LGBT) identity or religious conversion, by treating cases in a more individualized manner, following criticism by NGOs and parliamentarians.
A May ruling by Limburg district court found the Dutch law requiring people to identify as either male or female on official documents, including birth certificates, to be too restrictive and urged legislators to make statutory provision for a gender-neutral option.
In May 2018, the Benue State House of Assembly passed a Same Sex Marriage Prohibition (SSMP) Law. Like the federal law adopted in 2014, the law criminalizes public show of same-sex amorous relationships, same-sex marriages, and the registration of gay clubs, societies, and organizations. More »
×Nigeria
In May 2018, the Benue State House of Assembly passed a Same Sex Marriage Prohibition (SSMP) Law. Like the federal law adopted in 2014, the law criminalizes public show of same-sex amorous relationships, same-sex marriages, and the registration of gay clubs, societies, and organizations.
Elsewhere in the country, scores were arrested, detained, and prosecuted based on their real or perceived sexual orientation and gender identity. In June, more than 100 people partying at a hotel in Asaba, Delta State, were arrested on allegations of being gay. In August, 57 people were arrested at a Lagos hotel based on information provided by a vigilance group that the victims had gathered to perform gay initiation rites.
In November, an Abuja Federal High Court dismissed the Lesbian Equality and Empowerment Initiative’s lawsuit challenging its non-registration. The court held that the Corporate Affairs and Allied Matters Act and the Same Sex Marriage Prohibition Act prohibited the registration of groups considered “undesirable, offensive and contrary to public policy.â€
Laws in Gaza punish “unnatural intercourse†of a sexual nature, understood to include same-sex relationships, with up to 10 years in prison. More »
×Occupied Palestinian Territories
Laws in Gaza punish “unnatural intercourse†of a sexual nature, understood to include same-sex relationships, with up to 10 years in prison.
Article 17 of the Basic Law states that all citizens are equal and bans gender-based discrimination. More »
×Oman
Article 17 of the Basic Law states that all citizens are equal and bans gender-based discrimination.
However, Oman promulgated a new penal code in January 2018. The new penal code, for the first time, criminalizes non-normative gender expression. Article 266 provides for a prison sentence of one month to one year, a fine of 100 to 300 riyals (US $260-780), or both for any man who “appears dressed in women’s clothing.†While the previous penal code punished same-sex relations only if the led to a “public scandal,†article 261 of the new penal code punishes any consensual sexual intercourse between men with six months to three years in prison. Article 262 more closely echoes the language of the previous penal code, providing for six months to three years in prison for any sexual act between people of the same sex if a spouse or guardian files a complaint.
Violence against transgender and intersex women in Pakistan continues. According to the local group Trans Action, 479 attacks against transgender women were reported in Khyber-Pakhunkhwa province in 2018. At least four transgender women were killed there in 2018, and at least 57 have been killed there since 2015. On May 4, the fatal shooting of Muni, a transgender woman in Mansehra district, Khyber-Pakhtunkhwa province, attracted national attention. More »
×Pakistan
Violence against transgender and intersex women in Pakistan continues. According to the local group Trans Action, 479 attacks against transgender women were reported in Khyber-Pakhunkhwa province in 2018. At least four transgender women were killed there in 2018, and at least 57 have been killed there since 2015. On May 4, the fatal shooting of Muni, a transgender woman in Mansehra district, Khyber-Pakhtunkhwa province, attracted national attention.
In a major development, Pakistan's parliament in May, passed a law guaranteeing basic rights for transgender citizens and outlawing discrimination by employers. The law grants individuals the right to self-identify as male, female, or a blend of genders, and to have that identity registered on all official documents, including National Identification Cards, passports, driver's licenses, and education certificates.
Pakistan’s penal code criminalizes same-sex sexual conduct, placing men who have sex with men and transgender women at risk of police abuse, and other violence and discrimination.
The PNG criminal code outlaws sex “against the order of nature,†which has been interpreted to apply to consensual same-sex acts, and is punishable by up to 14 years’ imprisonment More »
×Papua New Guinea
The PNG criminal code outlaws sex “against the order of nature,†which has been interpreted to apply to consensual same-sex acts, and is punishable by up to 14 years’ imprisonment. Gay asylum seekers on Manus Island have reported being harassed and sexually assaulted by other asylum seekers.
Same-sex couples in Peru are not allowed to marry or engage in civil unions. In February 2017, a group of lawmakers introduced a bill to legalize same-sex marriage. It remained pending in Congress at time of writing. More »
×Peru
Same-sex couples in Peru are not allowed to marry or engage in civil unions. In February 2017, a group of lawmakers introduced a bill to legalize same-sex marriage. It remained pending in Congress at time of writing.
People in Peru are required to appear before a judge in order to revise the gender marker on their identification documents. A bill introduced in 2017 allowing people to revise the gender noted on their identification documents without prior judicial approval remained pending in Congress at time of writing.
In March 2018, Peru’s National Institute of Statistics published the results of a survey showing that over 60 percent of LGBT people surveyed had suffered some type of discrimination or violence.
The Philippine Supreme Court heard a long-awaited argument in June that could open the door to same-sex marriage in the overwhelmingly Catholic country. In May, the city of Mandaluyong approved an ordinance to protect the rights of lesbian, gay, bisexual, and transgender (LGBT) people—the latest in a slew of similar local laws passed across the country. More »
×Philippines
The Philippine Supreme Court heard a long-awaited argument in June that could open the door to same-sex marriage in the overwhelmingly Catholic country. In May, the city of Mandaluyong approved an ordinance to protect the rights of lesbian, gay, bisexual, and transgender (LGBT) people—the latest in a slew of similar local laws passed across the country.
The House of Representatives unanimously passed a federal nondiscrimination bill protecting LGBT people in September 2017, but opponents have stalled a companion bill in the Senate. Representatives also introduced a bill that would create civil partnerships and give same-sex couples rights in adoption, insurance, inheritance, property, and medical decision-making.
Qatar’s penal code criminalizes “sodomy,†punishing same-sex relations with imprisonment between one to three years. Muslims convicted of zina (sex outside of marriage) can also be sentenced to flogging (if unmarried) or the death penalty (if married). Non-Muslims can be sentenced to imprisonment. More »
×Qatar
Qatar’s penal code criminalizes “sodomy,†punishing same-sex relations with imprisonment between one to three years. Muslims convicted of zina (sex outside of marriage) can also be sentenced to flogging (if unmarried) or the death penalty (if married). Non-Muslims can be sentenced to imprisonment.
Qatar, in addition to banning sex outside marriage for Muslims, provides penalties for any male, Muslim or not, who “instigates†or “entices†another male to commit an act of sodomy or immorality. The law does not provide for a penalty for the person who is “instigated†or “enticed.†Under article 296 of the penal code, “[l]eading, instigating or seducing a male anyhow for sodomy or dissipation†and “[i]nducing or seducing a male or a female anyhow to commit illegal or immoral actions†is punishable by up to three years. It is unclear whether this law is intended to prohibit all same-sex acts between men, and whether only one partner is considered legally liable.
Journalists and printers operate under section 47 of the 1979 Press and Publications Law, which bans publication of “any printed matter that is deemed contrary to the ethics, violates the morals or harms the dignity of the people or their personal freedoms.†Throughout 2018, private publishing partners in Qatar, including the partner of the New York Times, censored numerous articles that touched on LGBT topics, in line with the country’s anti-LGBT laws.
Federal authorities failed to carry out an effective investigation into the 2017 anti-gay purge in Chechnya, during which local police tortured dozens of men presumed to be gay. More »
×Russia
Federal authorities failed to carry out an effective investigation into the 2017 anti-gay purge in Chechnya, during which local police tortured dozens of men presumed to be gay. Authorities did not launch a criminal investigation into a complaint filed in autumn 2017 by an ethnic Russian victimized in the purge and did not grant his request for state protection. In May, at the United Nations Human Rights Council (UNHRC), the Justice Minister said, “[we] failed to confirm not only the existence of facts of violations of these rights, we were unable to even find members of the lesbian, gay, bisexual and transgender (LGBT) community in Chechnya.†Reports of a new wave of arrests and torture emerged in early 2019.
Rights activists documented new attacks on LGBT people by relatives and officials in Chechnya. Chechen singer Zelim Bakaev, whom security officials abducted in Grozny in August 2017, remained disappeared. In January, Kadyrov hinted that Bakaev died in an “honor killing.â€
In July 2018, a group of individuals in St. Petersburg, of Chechen origin, including at least one security official, attempted to kidnap Zelimkhan Akhmadov, who had fled Chechnya in 2017 because of threats over his presumed sexual orientation. An investigation was ongoing at time of writing.
In spring, police kept in incommunicado detention for over two months and ill-treated a young woman because of her presumed sexual orientation, and eventually released her to her family. Several women fled Chechnya under threat of honor killings over their presumed sexual orientation.
Authorities continued to enforce the discriminatory “gay propaganda†law. In May, authorities ordered the blocking of ParniPlus, a website that raises awareness about the HIV epidemic among gay men. In August, a governmental commission on minors’ affairs in Biisk found a 16-year-old boy in violation of the law because he had posted four images exhibiting males hugging and modeling underwear. The commission fined him and his family 50,000 rubles (US$745). In October, Biisk City Court overturned the commission’s decision.
In February 2018, a court in Yekaterinburg ruled a 40-year-old woman unfit to foster two children with disabilities, claiming that because she allegedly projected a “style of male behavior,†she violated Russian family legislation, as well as Russian society’s “traditions and mentality.†The boys had been living with the woman and her husband for several years.
Samoa punishes sodomy with up to five years in prison.
×Samoa
Samoa punishes sodomy with up to five years in prison.
Saudi Arabia has no written laws concerning sexual orientation or gender identity, but judges use principles of uncodified Islamic law to sanction people suspected of committing sexual relations outside marriage, including adultery, extramarital and homosexual sex. More »
×Saudi Arabia
Saudi Arabia has no written laws concerning sexual orientation or gender identity, but judges use principles of uncodified Islamic law to sanction people suspected of committing sexual relations outside marriage, including adultery, extramarital and homosexual sex. If individuals are engaging in such relationships online, judges and prosecutors utilize vague provisions of the country’s anti-cybercrime law that criminalize online activity impinging on “public order, religious values, public morals, and privacy.â€
In February 2017, Saudi police arrested 35 Pakistani citizens, some of whom were transgender women. One of them died in detention. Her family said her body bore signs of torture, while the Saudi authorities said she had died of a heart attack.
Article 319 of Senegal’s penal code punishes “acts against nature†with a person of the same sex with up to five years in prison. More »
×Senegal
Article 319 of Senegal’s penal code punishes “acts against nature†with a person of the same sex with up to five years in prison. Human Rights Watch and its Senegalese partner organizations identified 38 cases between 2011 and 2016 in which police arrested people based on their perceived sexual orientation, and charged them with “unnatural acts†under article 319 of the Criminal Code. Senegal denied at its 2018 Universal Periodic Review that anyone is arrested for consensual same-sex conduct, but unfortunately such arrests continue to occur.
Between January and mid-August 2018, the Serbian LGBT rights organization DA SE ZNA! recorded nine incidents against LGBT people, including four physical attacks, and five cases of threats and intimidation. In Kosovo, Hate speech online against lesbian, gay, bisexual, and transgender (LGBT) rights activists continued, particularly around the Kosovo Pride in October 2018. More »
×Serbia/Kosovo
Attacks and threats of lesbian, gay, bisexual, and transgender (LGBT) people and activists continued. Between January and mid-August 2018, the Serbian LGBT rights organization DA SE ZNA! recorded nine incidents against LGBT people, including four physical attacks, and five cases of threats and intimidation. Investigations are often slow and prosecutions rare. The Pride parade in September took place without major incidents.
Hate speech online against lesbian, gay, bisexual, and transgender (LGBT) rights activists continued, particularly around the Kosovo Pride in October 2018. In May, authorities rejected a transgender man’s request to change his first name and legal gender. The legal gender recognition request was the first case of its kind in Kosovo. At time of writing, an appeal of the decision was being prepared. Kosovo Pride in October took place without significant incidents.
Sierra Leone’s 1861 law punishes buggery with up to life in prison.
×Sierra Leone
Sierra Leone’s 1861 law punishes buggery with up to life in prison.
The rights of Singapore’s LGBT community are severely restricted. Sexual relations between two male persons remains a criminal offense under criminal code section 377A, and there are no legal protections against discrimination on the basis of sexual orientation or gender identity. More »
×Singapore
The rights of lesbian, gay, bisexual, and transgender (LGBT) people in Singapore are severely restricted. Sexual relations between two male persons remains a criminal offense under criminal code section 377A, and there are no legal protections against discrimination on the basis of sexual orientation or gender identity.
The Media Development Authority effectively prohibits all positive depictions of LGBT lives on television or radio. In April, the movie Love Simon, which is about a teenager coming to terms with his sexuality, was given a rating that precludes viewing by anyone under the age of 21, even though it contains no sexual scenes or violence and is rated PG-13 or PG in most other countries.
In July 2018, the research and advocacy director of the Inter-University LGBT Network, who had been invited to speak about her experience as a young person concerned about LGBT issues at a TEDxYouth event at St. Joseph’s Institute, was informed by event organizers that she would not be permitted to speak due to unspecified Ministry of Education regulations.
In the wake of India’s Supreme Court repealing Section 377 in September, a British colonial-era law that imposed criminal penalties for same-sex relations, a Singaporean disc jockey filed a constitutional challenge to the similarly worded Section 377A, and tens of thousands of people submitted a parallel petition to the government urging its repeal.
The penal code of the Solomon Islands punishes buggery and indecent practices with up to 14 years in prison.
×Solomon Islands
The penal code of the Solomon Islands punishes buggery and indecent practices with up to 14 years in prison.
Somalia’s penal code, currently being revised, punishes same-sex intercourse with a period of imprisonment between three months and three years. More »
×Somalia
Somalia’s penal code, currently being revised, punishes same-sex intercourse with a period of imprisonment between three months and three years.
In an October 2018 speech in Cape Town, President Ramaphosa strongly supported the rights of the LGBTI community, stating that “the violation of the rights and equal worth of lesbian, gay, bisexual, transgender or intersex people demeans our common humanity as South Africans. Not only does it expose individuals to pain, suffering and even violence, but it often limits access to social services and economic opportunities for LGBTI people in our country.†More »
×South Africa
In an October 2018 speech in Cape Town, President Ramaphosa strongly supported the rights of the LGBTI community, stating that “the violation of the rights and equal worth of lesbian, gay, bisexual, transgender or intersex people demeans our common humanity as South Africans. Not only does it expose individuals to pain, suffering and even violence, but it often limits access to social services and economic opportunities for LGBTI people in our country.â€
South Africa has a progressive constitution that prohibits discrimination on the basis of sexual orientation and protects the human rights of LGBTI people. The Department of Justice and Constitutional Development has taken significant steps to improve coordination between government and civil society in combatting violence (including rape and murder) against lesbians and transgender men.
For instance, in March 2011, the Minister of Justice and Constitutional Development mandated the establishment of a National Task Team (NTT) to develop a National Intervention Strategy that will address “corrective rape.†The department initiated engagements with other key government departments and institutions to develop the National Task Team. The department established a Rapid Response Team on pending cases relating to gender and sexual orientation-based crimes in the criminal justice system.
The growing lesbian, gay, bisexual, and transgender (LGBT) movement triggered increased resistance by conservative groups. In July, more than 210,000 people signed a petition on the South Korean president’s website demanding that the Seoul Pride Parade be cancelled. The event took place as planned. In September, anti-LGBT protesters blocked the first-ever Queer Culture Festival in Incheon and attacked festival participants, leading to eight arrests. More »
×South Korea
The growing lesbian, gay, bisexual, and transgender (LGBT) movement triggered increased resistance by conservative groups. In July, more than 210,000 people signed a petition on the South Korean president’s website demanding that the Seoul Pride Parade be cancelled. The event took place as planned. In September, anti-LGBT protesters blocked the first-ever Queer Culture Festival in Incheon and attacked festival participants, leading to eight arrests.
Government education guidelines on sexual education discriminate against LGBT youth, by omitting any mention of sexual minorities in the suggested curriculum.
The Constitutional Court is also currently reviewing the 1962 Military Criminal Act (Article 92-6), which punishes sexual acts between soldiers with up to two years in prison under a “disgraceful conduct†clause.
South Sudan punishes “carnal knowledge against the order of nature†with up to ten years in prison and a fine. More »
×South Sudan
South Sudan punishes “carnal knowledge against the order of nature†with up to ten years in prison and a fine.
Sri Lanka has not revoked sections 365 and 365A of the penal code, which criminalize consensual same-sex conduct. Some lesbian, gay, bisexual, and transgender (LGBT) people—particularly those who are visibly gender non-conforming—face arbitrary arrest, police mistreatment, and discrimination in accessing health care, employment, and housing. More »
×Sri Lanka
Sri Lanka has not revoked sections 365 and 365A of the penal code, which criminalize consensual same-sex conduct. Some lesbian, gay, bisexual, and transgender (LGBT) people—particularly those who are visibly gender non-conforming—face arbitrary arrest, police mistreatment, and discrimination in accessing health care, employment, and housing. The Health Ministry established a Gender Recognition Certificate in 2016, that allows people to change their legal gender, but requires psychiatric evaluation first. The government rejected recommendations at its 2017 Universal Periodic Review to decriminalize same-sex conduct, but accepted recommendations to protect LGBT people from discrimination.
St. Kitts and Nevis' Offences Against the Person Act punishes the "abominable crime of buggery" with a sentence of up 10 years in prison or hard labor. More »
×St. Kitts and Nevis
St. Kitts and Nevis' Offences Against the Person Act punishes the "abominable crime of buggery" with a sentence of up 10 years in prison or hard labor. The act also punishes “whosoever shall attempt to commit the said abominable crime†with up to four years in prison.
In the 2004 Criminal Code of St. Lucia, any act of "gross indecency†committed by people of the same sex is punishable by 10 years in prison. More »
×St. Lucia
In the 2004 Criminal Code of St. Lucia, any act of "gross indecency†committed by people of the same sex is punishable by 10 years in prison. Under the same code, a person who commits "buggery" with the consent of another person can be sentenced to 10 years in prison.
In 2013, the Royal St. Lucia Police Force underwent sensitivity training in order to better process hate crimes against LGBT persons.
In the 1990 Criminal Code of St. Vincent and the Grenadines, Section 146 punishes "buggery" with 10 years in prison, and Section 148 punishes an "act of gross indecency with another person of the same sex" with five years in prison. More »
×St. Vincent and the Grenadines
In the 1990 Criminal Code of St. Vincent and the Grenadines, Section 146 punishes "buggery" with 10 years in prison, and Section 148 punishes an "act of gross indecency with another person of the same sex" with five years in prison.
Article 520 of the Syrian Penal Code of 1949 prohibits “unnatural sexual intercourse.†It is punishable by imprisonment by up to three years. Article 517 of the Code punishes crimes “against public decency†that are carried out in public with imprisonment of three months to three years. More »
×Syria
Article 520 of the Syrian Penal Code of 1949 prohibits “unnatural sexual intercourse.†It is punishable by imprisonment by up to three years. Article 517 of the Code punishes crimes “against public decency†that are carried out in public with imprisonment of three months to three years.
In November 2018, Taiwanese voters rejected marriage equality in a referendum. More »
×Taiwan
In November 2018, Taiwanese voters rejected marriage equality in a referendum. The referendum, however, does not negate the May 2017 Constitutional Court ruling that found the definition of marriage as “between a man and a woman†to be unconstitutional and obligated Taiwan to institute marriage equality within two years.
LGBT people face discrimination in Tajikistan, although same-sex conduct is not criminalized. More »
×Tajikistan
LGBT people face discrimination in Tajikistan, although same-sex conduct is not criminalized. In October 2017, authorities announced the creation of a special registry including 367 “proven†LGBT persons, after conducting law enforcement operations called “Morality†and “Purge,†purportedly to protect sexual minorities and halt the spread of sexually transmitted diseases. The creation of the registry exposed hundreds of individuals to the risk of detention and extortion by police and severe social stigma.
Tanzanian law makes consensual adult same-sex conduct punishable by up to life in prison. The government has shut down drop-in centers serving LGBT people and other key populations and has banned distribution of water-based lubricant, an HIV prevention tool. More »
×Tanzania
Tanzanian law makes consensual adult same-sex conduct punishable by up to life in prison. The government has shut down drop-in centers serving LGBT people and other key populations and has banned distribution of water-based lubricant, an HIV prevention tool. On October 31, Dar es Salaam Regional Commissioner Paul Makonda announced plans to round-up suspected gays and subject them to forced anal examinations and conversion therapy. Four days later, the Ministry of Foreign Affairs said in a statement that the campaign by Makonda represented “his opinion and not the position of the government†and pledged to “continue to respect and protect†internationally recognized human rights. In a meeting on November 17 with senior World Bank officials, President John Magufuli “assured the Bank that Tanzania will not pursue any discriminatory actions related to harassment and/or arrest of individuals, based on their sexual orientation.â€
Togo’s Penal Code punishes indecent acts or acts against nature with one to three years in prison and a fine.
×Togo
Togo’s Penal Code punishes indecent acts or acts against nature with one to three years in prison and a fine.
Tonga’s Criminal Offenses Act punishes sodomy with up to ten years in prison and whipping. Tonga also prohibits “any male person†from “impersonat[ing]…a female†while soliciting for an immoral purpose, prescribing a fine and up to one year in prison as punishment.
×Tonga
Tonga’s Criminal Offenses Act punishes sodomy with up to ten years in prison and whipping. Tonga also prohibits “any male person†from “impersonat[ing]…a female†while soliciting for an immoral purpose, prescribing a fine and up to one year in prison as punishment.
In April 2018, the High Court ruled sections 13 and 16 of the Sexual Offences Act that criminalize “buggery†and “serious indecency†unconstitutional on grounds that they violated fundamental rights including privacy and family life. The court also found that the laws were not protected from challenge by the savings clause in the constitution. More »
×Trinidad and Tobago
In April 2018, the High Court ruled sections 13 and 16 of the Sexual Offences Act that criminalize “buggery†and “serious indecency†unconstitutional on grounds that they violated fundamental rights including privacy and family life. The court also found that the laws were not protected from challenge by the savings clause in the constitution.
Despite accepting a recommendation during its Universal Periodic Review at the UN Human Rights Council in May 2017 to end the discredited police practice of administering anal testing to “prove†homosexuality, the government has not yet taken any steps to carry out this pledge. More »
×Tunisia
Despite accepting a recommendation during its Universal Periodic Review at the UN Human Rights Council in May 2017 to end the discredited police practice of administering anal testing to “prove†homosexuality, the government has not yet taken any steps to carry out this pledge. Authorities have continued to prosecute and imprison presumed gay men under article 230 of the penal code, which provides up to three years in prison for “sodomy.â€
A November 2017 ban on public events by lesbian, gay, bisexual, and transgender (LGBT) rights groups by the Ankara governor was enforced throughout 2018, and inspired bans of assemblies and events in other cities and revealed Turkey’s increasingly repressive approach to LGBT groups. More »
×Turkey
A November 2017 ban on public events by lesbian, gay, bisexual, and transgender (LGBT) rights groups by the Ankara governor was enforced throughout 2018, and inspired bans of assemblies and events in other cities and revealed Turkey’s increasingly repressive approach to LGBT groups. In July, the Istanbul governor banned the city’s annual Pride march for a fourth year, citing security and public order concerns.
Homosexual conduct is a criminal offense under Turkmen law, punishable by a maximum two-year prison sentence. More »
×Turkmenistan
Homosexual conduct is a criminal offense under Turkmen law, punishable by a maximum two-year prison sentence. The Turkmen government rejected recommendations, made during Turkmenistan’s Universal Periodic Review at the United Nations Human Rights Council (UNHRC) in May, to decriminalize homosexual conduct.
Tuvalu punishes sex between males with up to 14 years in prison.
×Tuvalu
Tuvalu punishes sex between males with up to 14 years in prison.
Uganda’s colonial-era law continues to prohibit “carnal knowledge†among people of the same sex and crackdowns on lesbian, gay, bisexual, transgender, and intersex activists continued. More »
×Uganda
Uganda’s colonial-era law continues to prohibit “carnal knowledge†among people of the same sex and crackdowns on lesbian, gay, bisexual, transgender, and intersex activists continued. On May 17, 2018, police and Minister of Ethics and Integrity Simon Lokodo shut down a celebration of the International Day Against Homophobia, Biphobia, and Transphobia organized by the NGO Sexual Minorities Uganda. In May, Lokodo vowed to block the Health Ministry’s first annual conference on Key and Priority Populations, arguing it would promote “homosexuality and other dirty things.†The conference did not take place.
Members of groups advocating hate and discrimination carried out at least two dozen violent attacks, threats, or instances of intimidation against Roma people, LGBT people, and rights activists in several Ukrainian cities. In most cases, police failed to respond or effectively investigate. More »
×Ukraine
Members of groups advocating hate and discrimination carried out at least two dozen violent attacks, threats, or instances of intimidation against Roma people, LGBT people, and rights activists in several Ukrainian cities. In most cases, police failed to respond or effectively investigate.
In May, hate groups in Kyiv disrupted an Amnesty International LGBT rights event. Police present took no action and made homophobic comments.
However, in June, police briefly detained dozens of radicals who sought to interfere with the Kyiv Pride March, and a robust police presence at the march ensured marchers’ safety. LGBT equality marches in Krivyi Rih and Odessa also took place without major violence.
In March, a petition to stop “propaganda†of homosexuality was removed from the president’s website.
Article 356 of the penal code criminalizes (but does not define) “indecency†and provides for a minimum sentence of one year in prison. UAE courts use this article to convict and sentence people for zina offenses, which include same-sex relations as well as consensual heterosexual relations outside marriage. More »
×United Arab Emirates
Article 356 of the penal code criminalizes (but does not define) “indecency†and provides for a minimum sentence of one year in prison. UAE courts use this article to convict and sentence people for zina offenses, which include same-sex relations as well as consensual heterosexual relations outside marriage.
Different emirates within the UAE’s federal system have laws that criminalize same-sex sexual relations, including Abu Dhabi, where “unnatural sex with another person†can be punished with up to 14 years in prison.
Similarly, article 177 of the penal code of the Emirate of Dubai punishes consensual sodomy by imprisonment of up to 10 years.
Additionally, the UAE’s federal penal code punishes “any male disguised in a female apparel and enters in this disguise a place reserved for women or where entry is forbidden, at that time, for other than women†with one year’s imprisonment, a fine of up to 10,000 dirhams (US$2,723), or both. In practice, transgender women have been arrested under this law even in mixed-gender spaces. In March 2018, the Federal Appeals Court rejected a case filed by three transgender men seeking to legally change their names and gender markers on their official documents.
The Department of Health and Human Services announced plans to roll back a federal rule clarifying that the Affordable Care Act’s prohibition on sex discrimination includes discrimination based on gender identity. More »
×United States
The Department of Health and Human Services announced plans to roll back a federal rule clarifying that the Affordable Care Act’s prohibition on sex discrimination includes discrimination based on gender identity.
In 2018, Oklahoma, Kansas, and South Carolina enacted laws permitting adoption and foster care providers asserting a religious objection to refuse to place children with LGBT people. A similar provision was added to an appropriations bill in the US House of Representatives but did not become law.
At time of writing, 20 states have laws expressly banning discrimination based on both sexual orientation and gender identity in employment, housing, and public accommodations. Wisconsin prohibits discrimination based on sexual orientation but not gender identity, and Utah only prohibits discrimination in employment and housing. Michigan and Pennsylvania interpret their statutory prohibition on sex discrimination to include discrimination based on sexual orientation and/or gender identity.
Uzbekistan’s criminal code punishes consensual sex between men with up to three years in prison. In May 2018, Uzbekistan underwent the third cycle of the Universal Periodic Review at the UN Human Rights Council (UNHRC). More »
×Uzbekistan
Uzbekistan’s criminal code punishes consensual sex between men with up to three years in prison. In May 2018, Uzbekistan underwent the third cycle of the Universal Periodic Review at the UN Human Rights Council (UNHRC). Several delegations called on Uzbekistan to repeal the provision that criminalizes same-sex conduct and to prohibit discrimination based on sexual orientation and gender identity, but Uzbekistan rejected the recommendations.
Yemen’s penal code prohibits same-sex relations. More »
×Yemen
Yemen’s penal code prohibits same-sex relations. Article 264 punishes anal sex with 100 lashes and, possibly, one year imprisonment if participants are not married. If married, the same article prescribes death by stoning. Article 268 punishes sex between women with up to three years in prison. Article 273 and 274 punish any act “indicating a breach of modesty and contrary to etiquette†with up to six months in prison.
Zambia’s penal code punishes “carnal knowledge against the order of nature†with seven years to life in prison.
×Zambia
Zambia’s penal code punishes “carnal knowledge against the order of nature†with seven years to life in prison.
Section 73 of the Criminal Law (Codification and Reform) Act, 2004 punishes consensual same-sex conduct between men with up to one year in prison or a fine or both. This restrictive legislation contributes to stigma and discrimination against lesbian, gay, bisexual, and transgender (LGBT) people. More »
×Zimbabwe
Section 73 of the Criminal Law (Codification and Reform) Act, 2004 punishes consensual same-sex conduct between men with up to one year in prison or a fine or both. This restrictive legislation contributes to stigma and discrimination against lesbian, gay, bisexual, and transgender (LGBT) people. In September, a teacher at a Harare school who came out as gay resigned after he received death threats from members of the public over his sexual orientation.
Ahead of the July 2018 national elections, representatives of the LGBT community in Zimbabwe met with top ruling ZANU-PF party officials. The Gays and Lesbians of Zimbabwe (GALZ) advocacy group thanked Mnangagwa for this unprecedented meeting and for "understanding" them better than his predecessor Mugabe and the opposition parties.
