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Consensual sexual acts with adults of the same sex are still considered a crime in 69 UN member states, although some progress has been made in terms of legal protection for these people.
“The number has been reduced by one state this year, as Gabon has repealed the clause that penalized [a situação] and that had been approved in 2019, turning out to be the gender law with the shortest duration in recent history, “said ILGA Mundo (International Lesbian, Gay, Bisexual, Transgender and Intersex) research coordinator and main author of the annual report on” Homophobia of State “, Lucas Ramón Mendos.
Bhutan’s parliament also passed a bill last week to decriminalize consensual same-sex relationships, “he added.
However, ILGA Mundo found that, in the last five years, at least 34 UN states have adopted criminalization laws, and the association believes the number should be much higher.
“In countries and territories where these provisions still apply, people can be reported and detained at any time, even under the mere suspicion of having performed consensual sexual acts with someone of the same sex,” warned Ramón Mendos, recalling that “prosecute them actively and sentence them to prison, public flogging or even death. “
In the fight against this year’s Covid-19 pandemic, “many had to fight to survive in a world that has become even more unequal and violent,” said ILGA Mundo program director Julia Ehrt.
“For our communities, safe spaces were drastically reduced overnight. Some governments took advantage of these circumstances and redoubled their efforts to oppress us, persecute us, make us a scapegoat and violently discriminate against us. the laws already created inequalities, things got worse ”, he described.
So-called “LGBT-free zones” proliferated in Poland, Indonesia tried to give new impetus to “conversion therapy” and state laws were repealed in Florida, United States, criticized Julia Ehrt.
“We know of laws that can severely restrict the functioning of Non-Governmental Organizations that work with our communities and they are just some of the legal provisions that are being proposed around the world,” he added.
“In the midst of so many troubling situations, explicit legal protections against violence and discrimination are, more than ever, critical to safeguarding human rights and dignity, as well as preventing harm and redressing the violations we suffer,” Ehrt said.
However, contrary to all expectations, there have been positive developments in the last 12 months, the official admitted, noting that legislation protecting lesbians, gays and bisexuals from discrimination and violence has continued to expand this year.
In July 2020, Sudan revoked the death penalty for same-sex consensual acts, Germany became one of four UN states to ban “conversion therapies” at the national level, an example that was followed by various jurisdictions in Australia, Canada, Mexico and the United States.
At the same time, Costa Rica joined the list of 28 UN members that allow same-sex marriage, being the first country in Central America to do so, although there are already 34 member states of the United Nations that give some legal recognition. for same-sex couples, with Monaco and Montenegro achieving legislative progress in this regard during the last 12 months.
According to ILGA Mundo, at this time 81 UN member states have laws that protect against discrimination at work based on sexual orientation: 20 years ago, there were only 15.
The association also highlights that it included in the report “State homophobia” an analysis of the situation in non-independent territories around the world.
“Thousands of valued members of our communities live in these jurisdictions, but their activism is not always visible internationally,” explained Mendos.
“It is vital that we also clarify their legal advances or setbacks: as a global family, we are committed to our members, regardless of the official status of their territory,” he said.
Non-independent territories such as the Cook Islands, New Zealand and some jurisdictions within two UN member states (Gaza in Palestine and provinces in Indonesia) maintain in law that sexual acts between people of the same sex “are crimes.”
Additionally, in six UN member states, the death penalty is the legally prescribed punishment for consensual sexual acts between adults of the same sex: in Brunei, Iran, Mauritania, Nigeria, Saudi Arabia and Yemen.
Some sources indicate that the same could happen in Afghanistan, Pakistan, Qatar, Somalia and the United Arab Emirates.
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