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Afghanistan

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

LGBTQI+ individuals reported they continued to face arrest by security forces and discrimination, assault, and rape. There were reports of harassment and violence of LGBTQI+ individuals by society and police. Same-sex sexual conduct was widely seen as taboo and indecent. LGBTQI+ individuals did not have access to certain health-care services and could be fired from their jobs because of their sexual orientation or gender identity. Organizations devoted to protecting the freedom of LGBTQI+ persons remained underground because they could not legally register with the government. Registered organizations working on health programs for men who have sex with men faced harassment and threats by the Ministry of Economy’s NGO Directorate and NDS officials.

The Taliban takeover of the country increased fears of repression and violence among LGBTQI+ persons, with many individuals going into hiding to avoid being captured by the Taliban. Many fled the country after the takeover. After the takeover, LGBTQI+ persons faced increased threats, attacks, sexual assaults, and discrimination from Taliban members, strangers, neighbors, and family members.

Members of the LGBTQI+ community reported being physically and sexually assaulted by Taliban members, and many reported living in physically and economically precarious conditions in hiding. In July a Taliban judge stated that gay men would be subject to death by stoning or crushing. In August a gay man was reportedly tricked into a meeting by two Taliban members and then raped and beaten. There were also reports from members of civil society that LGBTQI+ persons were outed purposely by their families and subjected to violence to gain favor with the Taliban. There were reports of LGBTQI+ persons who had gone missing and were believed to have been killed.

The law criminalizes consensual same-sex sexual conduct. Under sharia, conviction of same-sex sexual conduct is punishable by death, flogging, or imprisonment. Under the law, sex between men is a criminal offense punishable by up to two years’ imprisonment and sex between women with up to one year of imprisonment. Individual Taliban members have made public statements confirming that their interpretation of sharia allows for the death penalty for homosexuality.

The law does not prohibit discrimination or harassment based on sexual orientation or gender identity. LGBTQI+ persons faced societal and governmental discrimination both before and after the Taliban takeover.

Albania

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law prohibits discrimination based on sexual orientation, including in employment. Enforcement of the law was generally weak. The National Action Plan for LGBTI concluded in 2020, and a new one for 2021-27 was being drafted. As of August, the commissioner for protection from discrimination had received seven cases of discrimination based on sexual orientation, gender identity, or both. Most cases were under review. In one case, the commissioner ruled against a Tirana taxi company that had refused services to transgender persons. The company had yet to respond to the commissioner. Reports indicated that LGBTQI+ persons continued seeking asylum in EU countries.

Sexual orientation and gender identity are among the classes protected by the country’s hate crime law. Despite the law and the government’s formal support for rights, public officials sometimes made homophobic statements. Some incidents of hate speech occurred online and in the media after an LGBTQI+ activist suggested changing the law to enable registering the children of LGBTQI+ couples. NGOs filed the case with the antidiscrimination commissioner and the ombudsperson. Government institutions did not react to the controversy.

Several persons were arrested for physically assaulting a transgendered person. As of August, the shelter service NGO Streha had assisted 72 LGBTQI+ youths facing violence or discrimination in their family and community. The Ministry of Health increased support to the shelters by covering the costs of shelter staff salaries. Other shelter costs, including food, medication, and shelter rent, remained covered by donors.

Algeria

Andorra

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law considers sexual orientation an “aggravating circumstance” for crimes motivated by hate or bias. There were few cases of violence based on sexual orientation, gender identity, or sex characteristics. The Ministry of Social Affairs, Youth, and Equality received requests for psychological, social, and legal assistance from individuals based on their gender identity or expression. NGOs called for appropriate training on transsexuality, especially for professionals working with children, including medical professionals, teachers, and civil servants. Complaints on the grounds of sexual orientation and gender identity may be brought before the civil and administrative courts. Civil society saw a need for the government to improve its sensitivity to problems of the lesbian, gay, bisexual, transgender, queer, and intersex community.

Angola

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The constitution prohibits all forms of discrimination but does not specifically address sexual orientation or gender identity. On February 11, changes to the penal code took effect that decriminalize same-sex sexual relations and criminalize acts of violence or discrimination based on a person’s sexual orientation. Transgender and intersex persons are not specifically covered in the new legislation, nor does it recognize same-sex marriage, leading to problems in adoption and family planning, accompanying family into health-care facilities, and obtaining appropriate identity documents.

Local NGOs reported that LGBTQI+ persons faced violence, discrimination, and harassment. The government, through its health agencies, instituted a series of initiatives to decrease discrimination against LGBTQI+ persons.

Discrimination against LGBTQI+ persons was rarely reported, and when reported, LGBTQI+ persons asserted that sometimes police refused to register their grievances. The Ministry of Health continued to collaborate with the National Institute to Fight HIV/AIDS to improve access to health services and sexual education for the LGBTQI+ community.

Antigua and Barbuda

Section 6. Discrimination and Societal Abuses

Sexual Exploitation of Children: Child pornography is illegal and subject to large fines and up to 20 years in prison. The minimum age for consensual sex is 16.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

There were no reports of public violence committed against lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons due to their actual or perceived sexual orientation.

Sodomy is criminalized under indecency statutes, with a maximum penalty of 15 years’ imprisonment; however, the law was not enforced. Consensual same-sex sexual conduct between men or between women is criminalized with a maximum penalty of up to five years’ imprisonment. No law specifically prohibits discrimination against LGBTQI+ persons.

Area Administered by Turkish Cypriots

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The “law” prohibits discrimination against LGBTQI+ persons based on sexual orientation or gender identity in housing, employment, nationality laws and access to government services. According to the “criminal code,” it is a minor offense for a civil servant employee to discriminate against any person based on sexual orientation or gender identity.

Authorities did not effectively enforce the “law.”

While there were no reported cases of official or societal discrimination based on sexual orientation or gender identity in employment, housing, or access to education or health care, members of the LGBTQI+ community noted an overwhelming majority of LGBTQI+ persons concealed their sexual orientation or gender identity to avoid potential discrimination.

The Queer Cyprus Association reported LGBTQI+ persons often could not access legal remedies to discrimination based on sexual orientation or gender identity because authorities declined to enforce them.

Argentina

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The National Observatory of Hate Crimes registered 69 official complaints of hate crimes against lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) individuals and six killings in the first half of 2020. The numbers were comparable with the same period in 2019.

National antidiscrimination laws do not specifically include the terms “sexual orientation or gender identity” as protected grounds, only “sex.” There was no reported official discrimination, however, based on sexual orientation or gender identity in employment, housing, or access to education. There were some cases of discrimination based on sexual orientation or gender identity in access to health care. Officials from the Ministry of Women, as well as media and NGOs, reported cases of discrimination, violence, and police brutality toward LGBTQI+ individuals, especially transgender persons.

In September 2020 President Fernandez decreed that at least 1 percent of the positions in public administration must be held by transvestites, transsexuals, and transgender persons. The Senate implemented a similar decree to regulate its own hiring practices.

In June the Senate passed a law providing access to formal employment for transvestites as well as transgender and transexual individuals. The law provides the same legal protections and privileges for transgender persons in the workplace as for cisgender persons, such as paid vacation and retirement provisions.

On July 21, the government formally recognized nonbinary identities through a presidential decree. The decree allows individuals to list an “X” for gender on national identity documents.

Armenia

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

There were isolated reports that government agents perpetrated violence against LGBTQI+ individuals. On March 13, conscript H. A. applied to the NGO New Generation for assistance, stating his fellow servicemen began harassing him after learning of his sexual orientation. He was subsequently moved to another military unit, where another conflict arose due to his orientation. He alleged that after learning of his sexual orientation, acting chief of regional military police G. L. insulted him, then loaded his pistol and shot twice at the left and right sides of his feet. G. L. then aimed the loaded pistol at H. A.’s forehead, threatening to kill him, and hit H. A. with the handle of the pistol, fracturing his nose and teeth. Later that day, H. A. was moved to the Stepanakert military police department where G. L. and several other officials allegedly beat him with wooden clubs causing bodily injuries. H. A. was left in a cell for several days. He reported the abuse only after he was moved to another military unit. Authorities opened a criminal case which was ongoing by the end of the year.

Human rights organizations reported an overall increase in the number of societal attacks based on sexual orientation and gender identity during the year. In most cases there was no official action to investigate or punish the perpetrators. The NGO Pink Armenia documented 28 cases of human rights violations from January 2020 to August, including 12 incidents of domestic violence. The victims reported the cases to police in only seven cases, three of which were dismissed. LGBTQI+ individuals were reluctant to report cases to law enforcement due to lack of trust that they would be properly examined and investigated and that the offenders would be punished. In July for example, New Generation reported that a college student from the LGBTQI+ community had been beaten by his classmates. The physical abuse was preceded by repeated insults related to his sexual orientation or gender identity. The victim reported the assault to police, but authorities did not open a criminal case.

Cases of violence against transgender women continued during the year. On June 15, New Generation reported that a transgender woman walking with friends in Yerevan was subjected to insults by a group of persons due to their perceived sexual orientation and gender identity. The verbal attacks were followed by a physical assault, with the assailants kicking and dragging the victims. The victims declined to report the assault to police. The NGO Right Side reported that on September 4, at approximately 3:30 a.m. in Yerevan, an unknown person approached transgender woman G. K. and her friend, also a transgender woman, in front of the municipal government office and threatened that if G. K. did not have sex with him, he would beat and stab her. G. K. asked him to leave them alone, but the assailant forced her to go with him. Seeing no alternative, G. K. asked her friend to immediately seek assistance from law enforcement, after which the perpetrator stabbed her on the leg and shoulder. G. K. managed to escape and went to the Arabkir police station to report the assault. According to G. K., police subjected her to ridicule but did nothing to find the perpetrator.

On February 3, a trial court Yerevan issued a verdict in a 2018 case in which an assailant attacked and set fire to the apartment of a transgender sex worker after learning her identity. The court sentenced the assailant under expedited proceedings, despite the victim’s objection, as such proceedings entail lesser sentences, to three and one-half years in prison on charges of inflicting grave bodily injury. The victim believed this punishment did not fit the crime. Subsequently, the court applied a 2018 amnesty provision that released the assailant from serving any time.

According to Pink Armenia, in February the investigation body in the Syunik region closed the case and dropped charges against residents of Shurnukh village who attacked LGBTQI+ activists in 2018, due to the expiration of the statute of limitations. In August 2020 the criminal court of appeals ruled that investigators had not carried out a proper investigation of the attack and had not taken into consideration the psychological suffering of the victims and discriminatory nature of the crime, ordering that the case be reopened.

Law enforcement bodies declined to prosecute a number of cases in which perpetrators called for violence and attempted to “justify” violence against LGBTQI+ persons on the grounds of their sexual orientation or gender identity.

Antidiscrimination laws do not extend protections to LGBTQI + persons on the basis of sexual orientation or gender identity. There are no hate crime laws or other criminal judicial mechanisms to aid in the prosecution of crimes against members of the LGBTQI+ community. Societal discrimination based on sexual orientation and gender identity negatively affected all aspects of life, including prospects for employment, housing, family relations, and access to education and health care. Calls for violence against LGBTQI + individuals escalated after the fighting in fall 2020 and in advance of the June parliamentary elections. Transgender persons were especially vulnerable to physical and psychological abuse and harassment.

Openly gay men are exempt from military service. An exemption, however, requires a medical finding based on a psychological examination indicating an individual has a mental disorder; this information appears in the individual’s personal identification documents and is an obstacle to employment and obtaining a driver’s license. Gay men who served in the army reportedly faced physical and psychological abuse as well as blackmail by fellow soldiers and the command.

Australia

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

No laws criminalize consensual same-sex sexual conduct between adults. Discrimination based on sexual orientation and gender identity is prohibited by law in a wide range of areas, including employment, housing, family law, taxes, child support, immigration, pensions, care of elderly persons, and social security.

The law provides protections against discrimination based on sexual orientation, gender identity, and sex characteristics.

In February Victoria passed a law prohibiting “practices that seek to change or suppress a person’s sexual orientation or gender identity,” joining other jurisdictions including the Australian Capital Territory and Queensland in outlawing so-called “conversion therapy.”

Transgender adolescents who seek certain treatments including hormone therapy and gender-affirming surgery are required to obtain either parental consent or court authorization. Three states – New South Wales, Queensland, and Western Australia – require surgery or medical treatment as a prerequisite for changing an individual’s gender identity on their birth certificate. Other identity documents issued by federal, state, and territory governments (including passports) do not have this prerequisite. In November, the Australian Medical Association expressed the view that no person, including intersex persons, should be subjected to medical procedures that modify sex characteristics without their informed consent.

Legal protections against discrimination for LGBTQI+ persons generally include exemptions for religious entities. In December Victoria passed a law removing exemptions that previously allowed religious schools to discriminate against employees on the basis of sexual orientation and other attributes. Several Australian states and territories have laws protecting LGBTQI+ persons against hate speech. Several have laws that require courts to consider whether a crime was motivated by hatred towards LGBTQI+ persons when sentencing an offender.

Austria

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

There were no reports of police or other government agents inciting, perpetrating, condoning, or tolerating violence against lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) individuals or those reporting on such abuse. There was some societal prejudice against LGBTQI+ persons but no reports of violence or discrimination based on sexual orientation or gender identity. LGBTQI+ organizations generally operated freely. According to a survey by the EU Fundamental Rights Agency, 11 percent of homosexual persons and 17 percent of transgender persons reported they had been verbally or physically assaulted in the previous five years.

In October a court in Styria convicted a Syrian national living in Austria who had defaced the walls of an LGBTQI+ community center in the city of Graz, assaulted the president of the Graz Jewish Community, and vandalized the Graz synagogue. The court sentenced him to a three-year prison term.

In March a trial before the Vienna court on incitement charges against a man who had allegedly harassed three LGBTQI+ men after a rainbow parade in 2019 ended in a settlement providing financial compensation to the victims.

Federal law prohibits discrimination against LGBTQI+ persons in employment. Laws at the provincial level prohibit discrimination by state and nonstate actors against LGBTQI+ persons, including with respect to essential goods and services such as housing, employment, and access to government services such as health care. Civil society groups noted there was no federal mechanism to prevent service providers from discriminating against LGBTQI+ individuals.

Azerbaijan

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

There were reports of increased violence and discrimination against LGBTQI+ individuals, especially transgender individuals. On June 9, a group of activists issued a statement that six LGBTQI+ community members were physically assaulted and injured by various individuals and groups over just 10 days between May 30 and June 9. Acts of violence continued and included the killing of a transgender woman in Garadagh District who was found bound, stabbed to death, and partially burned. An arrest was made in the killing. A local NGO noted that in many cases, authorities did not investigate or punish those responsible for attacks on the LGBTQI+ community.

There were reports that men who acknowledged or were suspected of being LGBTQI+ during medical examinations for conscription were sometimes subjected to rectal examinations and often found unqualified for military service on the grounds that they were mentally ill. There were also reports of family-based violence against LGBTQI+ individuals, including being kidnapped by family members and held against their will. Hate speech against LGBTQI+ persons and hostile Facebook postings on personal online accounts also continued.

Antidiscrimination laws exist but do not specifically cover LGBTQI+ individuals. Activists reported that LGBTQI+ individuals were regularly fired by employers if their sexual orientation or gender identity became known.

LGBTQI+ individuals generally refused to file formal complaints of discrimination or mistreatment with law enforcement bodies due to fear of social stigma or retaliation. Activists reported police indifference to requests that police investigate crimes committed against LGBTQI+ individuals.

Local NGOs reported that COVID-19-related quarantine measures compounded the impact of discrimination already faced by members of the LGBTQI+ community. Since these individuals regularly faced discrimination in accessing employment, they were primarily employed informally and received payment on a day-to-day basis.

During the year the ECHR continued a formal inquiry begun in 2019 into police raids on the LGBTQI+ community in 2017. The raids led to arrests and detentions of more than 83 men presumed to be gay or bisexual, as well as arrests and detentions of transgender women. Media outlets and human rights lawyers reported that police beat detainees and subjected them to electric shocks to obtain bribes and information regarding other gay men. Detainees were released after being sentenced to up to 30 days of administrative detention, fined up to 200 manat ($118), or both.

Bahamas

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law does not provide antidiscrimination protections to lesbian, gay, bisexual, transgender, queer, or intersex (LGBTQI+) individuals based on their sexual orientation, gender identity, gender expression, or sex characteristics. Consensual same-sex sexual conduct between adults is legal. The law defines the age of consent for same-sex individuals as 18, compared with 16 for heterosexual individuals.

NGOs reported LGBTQI+ individuals faced social stigma and discrimination and did not believe they were adequately protected by law enforcement authorities. There was generally low social tolerance for same-sex relationships. There was widespread condemnation of well known citizens who identified as homosexual or who supported the LGBTQI+ community. Homophobic epithets were both common and socially acceptable.

Bahrain

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law does not criminalize same-sex sexual conduct between consenting adults at least age 21, but it allots fines, imprisonment, deportation, or any of them for persons engaging in “immoral behavior,” and this provision has been used against individuals suspected of being LGBTQI+ or cross-dressing.

The law does not extend antidiscrimination protections to LGBTQI+ individuals on the basis of their sexual orientation or gender identity. Discrimination based on sexual orientation or gender identity occurred, including in employment and obtaining legal identity documents. In some cases, however, courts permitted transgender individuals to update identity documents if they had undergone sex reassignment surgery.

Bangladesh

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Same-sex sexual conduct is illegal under the penal code. The government did not actively enforce the law. LGBTQI+ groups reported the government retained the law because of societal pressure. LGBTQI+ groups reported police used the law as a pretext to harass LGBTQI+ individuals and individuals who were perceived to be LGBTQI+ regardless of their sexual orientation, as well as to limit registration of LGBTQI+ organizations. Some groups also reported harassment under a suspicious-behavior provision of the police code. The transgender population has long been a marginalized but recognized as part of society. Nevertheless, it experienced continued high levels of fear, harassment, and law enforcement contact in the wake of violent extremist attacks. Police investigation and prosecution of those complicit in violence or crimes against LGBTQI+ individuals remained rare.

Members of LGBTQI+ communities received threatening messages via telephone, text, and social media, and some were harassed by police. They stressed the need for online and physical security due to continued threats of physical violence. In August an antiterrorism tribunal sentenced six individuals to death in the killing of two gay men five years ago, Mahbub Rabbi Tonoy and Xulhaz Mannan, an editor of the country’s first gay rights magazine and a prominent gay rights activist.

The law does not prohibit discrimination against LGBTQI+ persons in housing, employment, nationality laws, and access to government services such as health care. LGBTQI+ groups reported official discrimination in employment and occupation, housing, and access to government services including health care and access to justice.

While some transgender women in the country identified as hijra (a cultural South Asian term for some transgender women as well as some intersex and gender non-conforming individuals), due to an affinity for the hijra subculture or a desire for increased social protection, not all chose to do so. Many transgender women asserted their transgender identities and corrected those who identified them as hijra. Meanwhile, transgender men received little support or tolerance, particularly in poor and rural communities. Some conservative clerics decried the transgender community and sharply distinguished it from the hijra identity, saying the latter would be tolerable while the former remains unacceptable.

Organizations specifically assisting lesbians continued to be rare. Strong social stigma based on sexual orientation was common and prevented open discussion of the subject.

Although the government made some progress in promoting social acceptance of hijra persons, a small segment of the community, the government made limited efforts to promote the rights of others in the LGBTQI+ community. On September 16, the director general of the Bangladesh Bureau of Statistics announced the national census would include hijra as a “third gender” category; the census was scheduled to be conducted in 2022.

Barbados

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law criminalizes consensual same-sex sexual conduct between adults, with penalties for conviction up to life imprisonment for men, and up to 10 years’ imprisonment for men and women convicted of “acts of serious indecency.” There were no reports of the law being enforced during the year.

An NGO reported that authorities did not take seriously reports of sexual and homophobic harassment. In some cases, lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons identified perpetrators of harassment but were deterred from reporting these experiences or prevented from seeking justice.

Civil society groups reported that LGBTQI+ persons faced verbal abuse at home and in public.

In September the High Court heard Holder-McClean-Ramirez and Ors versus Attorney General. Two individuals and the civil society organization Equals brought the case as a challenge to the criminalization of same-sex conduct.  As of year’s end, a decision was pending.

In November the government introduced a new charter to Parliament that states, “All Barbadians are born free and are equal in human dignity and rights regardless of age, race, ethnicity, faith, class, cultural and educational background, ability, sex, gender, or sexual orientation.”  The LGBTQI+ movement welcomed the inclusive references to gender and sexual orientation while noting the need for strong protections on the basis of gender identity.

Belarus

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

LGBTQI+ persons experienced harassment, threats, and violence at the hands of authorities, according to numerous reports from human rights defenders.

In some instances, when police identified detained individuals as LGBTQI+ persons, they forced these individuals to confess to committing crimes and to state their sexual orientation on camera, later posting the recording online. Independent observers questioned the legality of these videos and noted that authorities may have abused the persons to force them into making the statements. There were no reports authorities took action to investigate those complicit in violence and abuses against LGBTQI+ persons.

The government allowed transgender persons to update their name and gender marker on national identification documents, but these documents retained old identification numbers that include a digit indicating the individual’s sex assigned at birth. Transgender persons reportedly were refused jobs when potential employers noted the “discrepancy” between an applicant’s appearance and the gender marker in the identification number. Banks also refused to open accounts for transgender persons on the same grounds. Transgender men were issued military identification that indicated they had “a severe mental illness.” There are no laws prohibiting discrimination by state and nonstate actors against LGBTQI+ persons, including with respect to providing essential goods and services such as housing, employment, and access to government services.

LGBTQI+ discrimination was widespread, and harassment occurred. The law does not provide antidiscrimination protections to LGBTQI+ individuals based on their sexual orientation, gender identity or expression, or sex characteristics. Societal discrimination against LGBTQI+ activists persisted with the tacit support of the government, which either failed to investigate crimes or did so without recognizing it as a hate crime. LGBTQI+ activists were among those who went into exile after facing harassment and risk of arrest from the regime.

Belgium

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law prohibits discrimination against lesbian, gay, bisexual, transsexual, queer, and intersex (LGBTQI+) persons in housing, employment, application of nationality laws, and access to government services, such as health care. The government enforced the law, but the underreporting of crimes against the LGBTQI+ community remained a problem.

A study by the EU Agency for Fundamental Rights found that 37 percent of individuals in the country identifying as LGBTQI+ reported avoiding certain areas so as not to be harassed, assaulted, or insulted.

On March 6, a 42-year-old gay man was found dead in a park in the city of Beveren, East Flanders. The man was reportedly lured to the park by his attackers through a gay dating app, then stabbed and beaten to death by three suspects. The three attackers, two 17-year-old boys and a 16-year-old boy, were placed in a youth offenders detention facility. LGBTQI+ persons from immigrant communities reported social discrimination within those communities.

The law provides protections for transgender persons, including legal gender recognition without first undergoing sex reassignment surgery. In February the Chamber of Representatives unanimously adopted the “Resolution for recognizing the right to bodily integrity of intersex minors.”

Belize

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law does not prohibit discrimination specifically against LGBTQI+ persons in housing, employment, nationality laws, or access to government services, such as health care, but the constitution provides for the protection of all citizens from any type of discrimination.

The law prohibits “homosexual” persons from entering the country, but immigration authorities did not enforce the law.

The extent of discrimination based on sexual orientation or gender identity was difficult to ascertain due to a lack of official reporting. The LGBTQI+ advocacy NGO UniBAM said that discrimination and assault based on sexual orientation and gender identity were substantially underreported. UniBAM’s director noted that in communities with strong religious affiliations, police often refused to take reports from LGBTQI+ victims of discrimination. According to UniBAM, LGBTQI+ persons were denied medical services and education and encountered family-based violence.

The NGO Live and Let Live conducted a survey showing 65 percent of respondents were tolerant of LGBTQI+ persons. One-third of respondents agreed that LGBTQI+ persons sometimes feared for their safety and were treated unfairly, compared with the rest of the population.

In June the government reconstituted the National Committee for Families and Children to include a member of the LGBTQI+ community and a representative for persons with special needs. The committee functions as a special advocate for policy development, monitoring, and evaluation of government responsibilities.

Benin

Section 6. Discrimination and Societal Abuses

Sexual Exploitation of Children: The penal code provides penalties for conviction of rape, sexual exploitation, and corruption of minors, including procuring children for commercial sexual exploitation; it increases penalties for cases involving children younger than age 15. The child trafficking law provides penalties for conviction of all forms of child trafficking, including child commercial sexual exploitation, prescribing penalties if convicted of 10 to 20 years’ imprisonment. Individuals convicted of involvement in child commercial sexual exploitation, including those who facilitate and solicit it, face imprisonment of two to five years and substantial monetary fines. The child code prohibits child pornography. Persons convicted of child pornography face sentences of two to five years’ imprisonment and substantial monetary fines.

Infanticide or Infanticide of Children with Disabilities: Although concealed from authorities, traditional practices of killing breech babies, babies whose mothers died in childbirth, babies considered deformed, and one newborn from each set of twins (because they were considered sorcerers) occurred. The NGO Franciscan-Benin reported that communities in the four northern communes of Djougou, Gogounou, Kouande and Kandi continued to practice ritual infanticide. Authorities enforced prohibitions and discouraged the practice through door-to-door counseling and awareness raising.

Institutionalized Children: The government and human rights organizations reported poorly managed orphanages were not compliant with the law governing child protection centers. During the year the government inspected and closed several orphanages following reports of child abuse and neglect. In August the government closed one unregistered orphanage in Allada in southern Benin after inspections revealed poor living conditions and insufficient staffing. Authorities sanctioned an orphanage run by Roman Catholic nuns for using children as beggars to encourage charitable donations.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law does not criminalize consensual same-sex sexual conduct between adults. A provision related to public indecency in the penal code, however, may be applied to prosecute same-sex sexual conduct by charging individuals with public indecency or acts against nature. The law prohibits all forms of discrimination without specific reference to LGBTQI+ persons.

Nevertheless, discrimination against LGBTQI+ persons was common. The LGBTQI+ NGO Les Hirondelles estimated that family rejection resulted in 150 homeless LGBTQI+ youth annually. LGBTQI+ persons reported being routinely refused medical care and social services both related (hormone treatment) and unrelated (malaria treatment) to their sexual identity.

Members of the community reported police often tolerated violence against LGBTQI+ individuals. On May 1, however, police arrested a male assailant who attacked three transgender women at the Sunset Bar in Cotonou. The transgender women were beaten, stripped of their clothing, and cut with glass bottles. On June 29, the Cotonou Tribunal of First Instance convicted the man of assault and sentenced him to six months in prison and six months’ probation for the attack.

Bhutan

Section 6. Discrimination and Societal Abuses

Sexual Exploitation of Children: The law prohibits commercial sexual exploitation of children, including child pornography, child sex trafficking, and the sale of children. Authorities generally enforced the law. The legal age of consent is 16 for both boys and girls.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The constitution provides for equal protection and application of rights but neither the constitution nor legislation explicitly protects individuals from discrimination based on their sexual orientation, gender identity or expression, or sex characteristics. In December 2020 the parliament amended the law against “unnatural sex” to state, “Homosexuality between adults shall not be considered unnatural sex.”

Members of the lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) community reported instances of discrimination and social stigma based on sexual orientation. According to the LGBTQI+ rights NGO Pride Bhutan, during the year it received 47 reports of discrimination, 27 reports of social stigma, 19 reports of violence, and 16 reports of bullying from members of the LGBTQI+ community.

The law does not provide distinct legal status for transgender individuals, nor does it provide explicit protections.

Bolivia

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

On February 6, a 19-year-old transgender woman, Alessandra (last name withheld by authorities), was found strangled to death in the city of Cochabamba in a boarding house where she worked as a sex worker. On May 5, police reported they had arrested a suspect in the case. Lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) activists in Cochabamba reported that criminal proceedings were underway. Andres Mallo, spokesman for the LGBTQI+ NGO Diverse Organization, reported that in the past five years there had been 60 criminal cases involving violence against LGBTQI+ persons but only one conviction. LGBTQI+ activists pointed to a persistent failure by local authorities to investigate killings and other crimes perpetrated against the LGBTQI+ community.

The law prohibits discrimination based on sexual orientation and gender identity. The law allows transgender individuals to update their name, gender marker, and photograph to reflect their gender identity on all legal identification cards and birth certificates. Nonetheless, transgender activists stated most of the transgender community was forced to turn to commercial sex to earn a living due to discrimination in the job market and unwillingness on the part of employers to accept their identity documents and professional licensures. Activists reported police targeted transgender individuals who were sex workers.

LGBTQI+ persons faced overt discrimination in the workplace, at school, and when seeking to access government services, especially in health care, despite laws that prohibit discrimination based on sexual orientation and gender identity. Transgender individuals remained particularly vulnerable to abuse and violence. Older LGBTQI+ persons faced high rates of discrimination when attempting to access health-care services. There were no legal mechanisms in place to transfer power of attorney to a same-sex partner.

Bosnia and Herzegovina

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

While the law at the state level prohibits discrimination based on sexual orientation, authorities did not fully enforce it. Both entities and the Brcko District have laws that criminalize any form of hate crime committed based on gender, sexual orientation, or gender identity.

Hate speech, discrimination, and violence against LGBTQI+ individuals were widespread. For example, all social media posts and online reports related to the marking of Pride month and the Pride march were followed by an avalanche of hate speech, threats, and calls to violence against LGBTQI+ persons. The NGO Sarajevo Open Center (SOC) reported that transgender persons continued to be the most vulnerable LGBTQI+ group, as their gender identities were more visible. In its 2021 Pink Report, the SOC reported that every third LGBTQI+ person in the country experienced some type of discrimination. The SOC believed the actual number of LGBTQI+ persons who experienced discrimination was much higher but underreported due to fear.

In 2020 the SOC documented five discrimination cases: two involved workplace discrimination; two involved access to services; and one was related to access to health services. Four of those five cases pertained to discrimination based on sexual orientation, and one to discrimination based on sex characteristics. In one of the five cases, which pertained to discrimination in the workplace, the perpetrator was sanctioned through the employer’s internal procedures and the victim reported that it resulted in improved conditions. None of the remaining four cases resulted in a lawsuit or a complaint against the institution. BiH courts had yet to issue a single final ruling on discrimination on the grounds of sexual orientation or gender identity.

During 2020 the SOC also documented two cases of hate speech and calling for violence and hatred and 14 cases of crimes and incidents motivated by sexual orientation and gender identity. Of the 14 cases, five took place in a public place or online, ranging from threats to violence and infliction of bodily injuries, while four cases were cases of domestic violence. The prosecution of assault and other crimes committed against LGBTQI+ individuals remained delayed and generally inadequate.

The SOC is currently pursuing two strategic court cases, which pertain to discrimination in access to goods and services in the market and enticement to discrimination. The first case was under appeal, after the first instance court ruled that there was no discrimination. The second case was at the municipal court, and the first hearing was pending as of November.

The Sarajevo Canton government adopted its first Gender Action Plan for 2019-2022 as a public document that contains a set of measures intended to improve gender equality in government institutions.

Botswana

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

There were incidents of violence, societal harassment, and discrimination based on sexual orientation or gender identity, and no reported cases of authorities investigating abuses against LGBTQI+ persons. The victims of such incidents seldom filed police reports, primarily due to stigma but occasionally because of overt official intimidation.

The penal code previously included language that was interpreted as criminalizing some aspects of same-sex sexual activity between consenting adults. In 2019 the High Court found this language unconstitutional, thereby decriminalizing consensual same-sex sexual conduct in the country. While the ruling party welcomed the decision, the government appealed the judgment. In November the Court of Appeals ruled to officially decriminalize same-sex sexual activity.

Security forces generally did not enforce the laws that previously forbade same-sex sexual activity; there were no reports during the year that police targeted persons suspected of same-sex sexual activity.

Public meetings of LGBTQI+ advocacy groups and debates on LGBTQI+ matters occurred without disruption or interference. In 2016 the Court of Appeals upheld a 2014 High Court ruling ordering the government to register the NGO Lesbians, Gays and Bisexuals of Botswana (LeGaBiBo) formally. LeGaBiBo has since participated in government-sponsored events.

Brazil

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Violence against LGBTQI+ individuals was a serious concern. While violence against LGBTQI+ individuals generally had declined yearly since 2017, violence specifically targeting transgender individuals increased. The Federal Public Ministry is responsible for registering reports of crimes committed based on gender or sexual orientation but reportedly was slow to respond. Transgender individuals were particularly at risk of being the victims of crime or committing suicide.

According to a July report by the National Association of Travestis and Transsexuals, based on reports from LGBTQI+ organizations across the country, 80 transgender individuals were killed in the first six months of the year. The largest number of cases occurred in the states of Bahia, Ceara, Minas Gerais, Rio de Janeiro, and Sao Paulo. Victims were mostly Afro-Brazilians younger than age 35. In 2019 and 2020, there were 124 and 175 killings of transgender persons, respectively. According to some civil society leaders, underreporting of crimes was likely because many LGBTQI+ persons were afraid they might experience discrimination or violence while seeking services from law enforcement authorities.

On June 24, a 17-year-old youth killed Roberta Nascimento da Silva, a homeless transgender woman, in Recife – the fourth transgender woman killed in Pernambuco State within one month. The teenager threw alcohol on the woman while she slept on the street and set her on fire. Police apprehended the assailant and charged him with an “infractional act” (because the act was committed by a minor) analogous to attempted aggravated homicide. The teenager was being provisionally held in juvenile detention awaiting sentencing. Authorities did not confirm if the case would be registered as a homophobic or transphobic crime, but Recife Mayor Joao Campos expressed regret at the transgender woman’s death and stated the city would seek to expand services to the LGBTQI+ population with a new shelter to be named in Roberta’s honor.

In July, four men convicted of the murder of Emanuelle Muniz, a transgender woman, were issued prison sentences of up to 35 years for rape, murder, and robbery. The assailants, who remained in prison following their apprehensions in 2017, received substantial prison sentences, ranging from 26 to 35 years.

No specific law prohibits discrimination against LGBTQI+ persons in essential goods and services such as health care. In 2019, however, the STF criminalized discrimination based on sexual orientation and gender identity. Offenders face sentences of one to three years’ imprisonment and a fine, or two to five years’ imprisonment and a fine if the offender disseminates the incident via social media thereby exposing the victim. In October the Regional Federal Court of Rio de Janeiro instructed the armed forces to recognize the social name of transgender military personnel and prohibited compulsory removal of service members for “transsexualism.”

In the Northeast there was an effort to raise civil society awareness against homophobia; to train civil and military police to provide more humanized care to the victims of violence; and to implement reference centers for legal, psychological, and social assistance to the LGBTQI+ community. The Recife Municipal Reference Center offered specialized services with a qualified team of psychologists, social workers, and lawyers for LGBTQI+ individuals.

NGOs cited lack of economic opportunity for LGBTQI+ persons as a concern. According to the NGO Grupo Gay da Bahia, 33 percent of companies avoided hiring LGBTQI+ employees, and 90 percent of transgender women engaged in prostitution because they could find no employment alternative. Transgender women often paid human traffickers for protection and daily housing fees. When they were unable to pay, they were beaten, starved, and forced into commercial sex. Traffickers exploited transgender women, luring them with offers of gender reassignment surgery and later exploiting them in sex trafficking when they were unable to repay the cost of the procedure.

According to some LGBTQI+ leaders, the COVID-19 pandemic severely limited the LGBTQI+ population’s access to public health and mental health resources, and many were in abusive domestic situations with families that did not support them. According to some civil society sources, LGBTQI+ workers, who were more likely to work in the informal economy, lost their jobs at a much higher rate than the general population during the pandemic. In the states of Pernambuco, Paraiba, and Ceara, several donation campaigns were carried out to assist vulnerable LGBTQI+ populations, including donation of food baskets, hygiene kits, and clothes.

Brunei

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The Government of Brunei does not support LGBTQI+ rights. Secular law criminalizes “carnal knowledge against the order of nature,” understood to mean sex between men. The minimum prison sentence for such acts is 20 years. The SPC bans anal intercourse between men or between a man and a woman who is not his wife, with a maximum penalty of death by stoning. The SPC also criminalizes same-sex sexual conduct between women with a punishment of up to 10 years’ imprisonment or caning. The SPC additionally prohibits men from dressing as women or women dressing as men “without reasonable excuse” or “for immoral purposes.” One member of the transgender community reported in 2020 that the Ministry of Religious Affairs summoned her to its offices and demanded that she agree to maintain the gender listed on her birth certificate, but did not specify consequences or punishments if she did not comply. Some members of the LGBTQI+ community reported the government monitored their activities and communications. Like all events in the country, events on LGBTQI+ topics were subject to restrictions on assembly and expression and members of the LGBTQI+ community reported that the government would not issue permits for community events on LGBTQI+ topics.

Members of the LGBTQI+ community continued to report familial pressure toward heterosexual marriage and childbearing in addition to societal discrimination in public and private employment, housing, recreation, and obtaining public services including education. Members said the absence of online or in-person support injured their mental health but that they were reluctant to seek counseling at government health centers. In addition to finding support among elder members of the local LGBTQI+ community, some sought support from similar communities and NGOs in other countries. Brunei’s LGBTQI+ community regularly relies on foreign diplomatic missions to create safe spaces for expression and free assembly. Approximately 40 members of the local LGBTQI+ community gathered in a private June 2021 event for the largest Pride celebration in the country’s history.

Bulgaria

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law prohibits discrimination based on sexual orientation and gender identity, but the government did not effectively enforce this prohibition. No laws protect against hate crimes based on sexual orientation or gender identity. Societal intolerance to lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons persisted.

There were reports of violence against LGBTQI+ persons. On May 15, more than 300 persons protested the participation of 30 persons in the first LGBTQI+ pride event in Burgas, throwing rocks, smoke bombs, cucumbers, eggs, and plastic bottles at them, and burned a rainbow flag. More than 300 police secured the event and prevented further violence. A few hours earlier, the local Christian Orthodox clergy in Burgas held a prayer service “in defense of and support for the traditional Bulgarian family as well as to uphold the original Orthodox values and virtues.” In May members of nationalist Bulgarian National Union disrupted several LGBTQI+ events, such as a book presentation and film screening in Sofia, behaving aggressively and breaking the windows of the venue. In September a 15-year-old student was attacked and beaten by an older student in front of many other students in a schoolyard in Plovdiv “because he had a gay voice.” The victim was admitted to an intensive care ward with a concussion and head wounds.

On October 30, LGBTQI+ organizations reported a group of approximately 10 persons led by presidential candidate and Bulgarian National Union-National Democracy leader Boyan Stankov, also known as Rasate, stormed the Rainbow Hub LGBTQI+ community center during an event and punched an employee in the face, spray painted doors and walls, and broke equipment. On November 3, authorities arrested Rasate, who denied any involvement in the attack, after the Central Electoral Commission lifted the immunity conferred upon him as a candidate. He was charged with hooliganism and infliction of an injury committed with “extreme audacity and disrespect for the democratic foundations of the state.” As of December an investigation was underway.

In March the Internal Macedonian Revolutionary Organization political party, part of the governing coalition at the time, issued a position declaring the country “a zone free of LGBTQI propaganda.”

According to LGBTQI+ organizations, courts rejected the right of same-sex partners to protection from domestic violence because the law treats “spousal” only as applying to married persons who cannot legally be the same sex. The Commission for Protection against Discrimination reported receiving very few cases – three as of September – regarding sexual orientation.

According to the GLAS Foundation, tolerance toward LGBTQI+ persons was increasing. In March a polling agency presented research commissioned by GLAS showing that 6.4 percent of respondents would vote unconditionally in the forthcoming elections for a political party that supports LGBTQI+ rights while another 34.8 percent would not mind voting for such a party if they also liked its views on other topics.

A May 2020 report by the EU Agency for Fundamental Rights indicated that nearly 30 percent of LGBTQI+ persons had experienced workplace discrimination and nearly 40 percent of them did not report it to the police due to fear of discrimination. A study from March 2020 by the NGOs Single Step and Bilitis reported that 83 percent of LGBTQI+ students had experienced homophobic insults, 70 percent had suffered harassment, 34 percent had been physically abused, and 19 percent had been assaulted, while 50 percent never reported incidents to the authorities.

Many health professionals considered LGBTQI+ status a disease. The general stigma around sexual orientation and gender identity frequently resulted in refusal of health services, particularly to transgender persons. NGOs complained that most political parties in the National Assembly, government ministers, and municipal authorities were reluctant to engage in a dialogue on the problems facing LGBTQI+ individuals and related policy matters.

NGOs urged the government to discontinue normalization therapies on intersex children, which were funded by the National Health Insurance Fund with consent from their parents.

In March the civil division of the Supreme Cassation Court, which had been asked to interpret the law and rule whether transgender persons were entitled to a legal change of their biological sex, petitioned the Constitutional Court to explain whether the definition of “sex” according to the constitution also includes separate psychological or social aspects, different from the biological aspect. In October the Constitutional Court ruled that the constitution views the term “sex” in the biological sense based on gender binary and that sexual self-determination is a legitimate reason for changing one’s gender legally only in cases involving intersex persons. The ruling identified a legal gap regarding the legal change of biological sex and gave no specific guidance to the Supreme Cassation Court on how to proceed with its decision.

Burkina Faso

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The country has no hate crime laws or other criminal justice mechanisms to aid in the investigation, prosecution, or sentencing of bias-motivated crimes against the lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) community. NGOs reported police occasionally arrested gay men and transgender individuals and humiliated them in detention before releasing them.

Societal discrimination against LGBTQI+ persons was a problem, and it was exacerbated by religious and traditional beliefs. Medical facilities often refused to provide care to members of the transgender community, and LGBTQI+ individuals were occasionally victims of verbal and physical abuse, according to LGBTQI+ organizations. There were no reports the government responded to societal violence and discrimination against LGBTQI+ persons.

LGBTQI+ organizations had no legal status in the country but existed unofficially with no reported harassment. There were no reports of government or societal violence against such organizations.

Burma

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Although consensual sexual activity between men remained a criminal offense, political reforms in prior years made it easier for the lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) community to hold public events and openly participate in society. Discrimination, stigma, and a lack of acceptance among the general population persisted. Transgender persons, for example, were subject to police harassment, and their identity was not recognized. After the coup, reported violence against LGBTQI+ persons increased. As of July the NUG minister of human rights claimed at least 12 LGBTQI+ community members died and another 73 were arrested while peacefully protesting against the regime. As of November, at least 65 LGBTQI+ community members remained in detention, and 28 were either in hiding or had fled to areas not under regime control. According to Radio Free Asia, LGBTQI+ prodemocracy supporters were targeted for humiliation by regime after arrest including sexual insults, taunts, mocking of clothing, and physical abuse.

There were reports of discrimination based on sexual orientation and gender identity in employment. Many LGBTQI+ individuals faced significant barriers to education and employment if they were vocal or visible about their status. LGBTQI+ persons reported facing discrimination from health-care providers, including public shaming.

A 2019 report by the British Council found mixed views on whether LGBTQI+ persons could be accepted in the culture: fifty percent of respondents rejected the idea. Overall, those polled were more willing to accept LGBTQI+ persons in the abstract but were less so when the person in question was a specific individual, such as a relative or politician.

Burundi

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

There were reports that government agents incited, condoned, and tolerated violence against LGBTQI+ persons. LGBTQI+ persons refrained from reporting such incidents to media or authorities because of stigma, a desire to protect their identities, and concern regarding prosecution of consensual same-sex sexual relations.

There were no reports of official actions to investigate or punish those complicit in violence and abuses by state or nonstate actors.

The law penalizes consensual same-sex sexual relations by adults with up to two years in prison if convicted. There were no reports of prosecutions for same-sex sexual acts during the year.

There were no reports of involuntary or psychological practices specially targeting LGBTQI+ persons.

The law does not prohibit discrimination against LGBTQI+ persons in housing, employment, nationality laws, and access to government services such as health care. Societal discrimination against LGBTQI+ persons was common.

Cabo Verde

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Antidiscrimination laws exist, and state employers may not discriminate based on sexual orientation, family situation, habits and dress, health status, or membership or nonmembership in any organization. Laws prohibit discrimination in the provision of a good or service, engaging in normal economic activities, and employment. The government generally enforced these laws. The investigation into an October 2020 attack against a member of the Cabo Verdean Gay Association on the island of Sao Vicente remained ongoing as of December.

Cambodia

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

No law criminalizes consensual same-sex sexual conduct, nor was there official discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTQI+) persons. Societal discrimination persisted, however, particularly in rural areas.

LGBTQI+ persons generally had limited job opportunities due to discrimination and exclusion. LGBTQI+ persons were occasionally harassed or bullied for their work in the entertainment and commercial sex sectors.

A local LGBTQI+ rights organization reported incidents of violence or abuse against LGBTQI+ persons, including domestic violence by family members. Stigma or intimidation may have inhibited further reporting of incidents. Police did not prioritize investigations into LGBTQI+-related complaints.

Cameroon

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

On February 12, a representative from Working for Our Wellbeing (WFW), an organization based in Douala working on lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) matters reported that authorities had arrested six LGBTQI+ persons, including four transgender women, between November 2020 and February 8. Mildred Loic Njeuken, known as “Shakiro,” and Roland Moute, who is also known as “Patricia,” were arrested together on February 8. The WFW report added that every detainee experienced varying degrees of physical abuse, harassment, and threats of sexual violence from inmates and guards while inside New Bell Prison in Douala. While the charges against all but Shakiro and Patricia were dropped, the latter two were convicted in May on charges of attempted homosexuality and failure to display a national identity card, and they were sentenced to five years in prison. They were released on bail in July, and as of December the case was before the Court of Appeal in Bonanjo. On August 7, a group of young men violently assaulted “Shakiro” and “Patricia” after they had been released on bail pending an appeal in mid-July. Images and video footage found circulating on social media showed a group of young men violently attacking and disrobing the two survivors on the street. Police reportedly did not officially document the attack in an official report after arriving on the scene, although they escorted the two to the hospital.

In a July 1 report on gender-based violence, Alternative-Cameroon documented the case of a 33-year-old man who was illegally detained at the Douala New Bell Central Prison. On January 24, according to the report, residents in the Douala neighborhood accused the man of being gay, beat him, and called the Douala 10th police district. Police came and arrested the man whom the individuals accused of being homosexual and remanded him for less than 24 hours before referring him to New Bell Central prison, where he spent three months without appearing in court. The survivor lost his job and was evicted from his home.

Consensual same-sex sexual activity between adults is illegal and punishable with imprisonment lasting anywhere between six months and five years plus a fine.

LGBTQI+ human rights organizations such as the Cameroonian Foundation for AIDS, Humanity First Cameroon, Alternatives-Cameroon, the National Observatory of the Rights of LGBTQI+ Persons and Their Defenders, Colibri, Working for Our Wellbeing, and others continued to report arbitrary arrests of LGBTQI+ persons. LGBTQI+ individuals continued to face significant stigma, violence, and discrimination from their families, communities, and the government.

In one instance on February 24, highlighted in the April HRW report, police officers raided the office of Colibri, a health and human rights organization that provides HIV prevention and treatment services in Bafoussam, West Region. Authorities arrested 13 persons on attempted homosexuality charges, including seven from the Colibri staff. Police released all 13 between February 26 and 27. Three of those who were arrested said police beat at least three Colibri staff members at the police station and threatened everyone who had been arrested. They added that police interrogated them without the presence of a lawyer and forced them to sign statements, which they were not allowed to read. One of them, a 22-year-old transgender woman, said, “Police told us we are devils, not humans, not normal. They beat up a transwoman in front of me.” Police also forced one of the 13 arrested, a 26-year-old transgender woman, to undergo an HIV test and a forced anal exam at a health center in Bafoussam on February 25. She reportedly told HRW that “the doctor was uncomfortable with performing the procedure but said he had to do the examination because the prosecutor’s office asked for it.”

On April 14, HRW reported that security forces since February had arbitrarily arrested, beat, or threatened at least 24 persons, including a 17-year-old boy, for alleged consensual same-sex conduct or gender nonconformity. Between February 17 and April 8, HRW said it interviewed 18 persons, including five who had been detained, three lawyers, and 10 members of LGBTQI+ NGOs in relation to the aforementioned case.

The constitution prescribes equal rights for all citizens; however, the law does not explicitly prohibit discrimination against LGBTQI+ persons in housing, employment, nationality, and access to government services such as health care. Security forces sometimes harassed persons based on their perceived sexual orientation or gender identity, including individuals found with condoms and lubricants. Fear of exposure affected individuals’ willingness to access HIV and AIDS services, and several HIV positive men who had sex with men reportedly were partnered with women, in part to conceal their sexual orientation. Anecdotal reports suggested some discrimination occurred in places of employment with respect to sexual orientation.

LGBTQI+ organizations could not officially register as such and thus sought registration either as general human rights organizations or as health-focused organizations. Many LGBTQI+ organizations found that operating health programs, particularly HIV programs, shielded them from potential harassment or shutdown rather than promoting advocacy for LGBTQI+ persons as their primary mission.

According to multiple reports, on November 15, an intersex person was sexually assaulted, beaten, and threatened by a violent mob in Yaounde. The attack, which lasted for several hours, was filmed and later posted on social media. In a press statement issued on November 26, the minister of communication condemned the publication of explicit videos, adding that while homosexuality was against the law, violence against those suspected of homosexuality was also illegal. A man allegedly connected to the attack was arrested and released 48 hours later. A complaint was filed with the police on behalf of the survivor.

Canada

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law prohibits discrimination by state and nonstate actors against LGBTQI+ persons in housing, employment, nationality laws, and access to government services, including health care, and the government enforced the law. Conversion therapy designed to change a person’s sexual orientation is lawful. A 2020 study by the British Columbia-based nonprofit Community-Based Research Centre that promotes the health of individuals of diverse sexualities and genders found 20 percent of sexual-minority men surveyed reported experiencing sexual orientation, gender identity, or gender expression change efforts, and, of them, almost 40 percent (or 47,000 men) reported having experienced conversion therapy. LGBTQI+ individuals were at increased risk of human trafficking.

In January the Quebec Superior Court invalidated provisions in the province’s civil legal code that prevented individuals from changing their birth gender designation to reflect their gender identity, required parents to identify as a mother or father rather than parent on a declaration of birth, and required individuals ages 14 to 17 years to obtain approval from a physician or health professional to change their gender designation on official documents. The court ruled the code deprived transgender and nonbinary persons of dignity and equality and gave the province until December 31 to amend it. In April the Quebec government appealed the decision that struck down the requirement for minors to obtain permission from a physician or health professional to change their gender designation; the case remained in progress as of November.

On June 15, Egale Canada, a LGBTQI+ NGO, filed an application at the Ontario Superior Court to challenge the constitutionality of exemptions in the law that permit nonconsensual aesthetic surgeries on the genitalia of intersex infants and children. The application remained pending as of November.

On March 21, unknown vandals painted a homophobic slur on the road outside the home of Ottawa’s mayor, an openly gay man. In a tweet the prime minister condemned “ignorance and inexcusable hate” and expressed his support for the mayor. The city removed the graffiti.

Central African Republic

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law criminalizes consensual same-sex sexual conduct. The penalty for conviction of “public expression of love” between persons of the same sex is imprisonment for six months to two years and a substantial monetary fine. During the year there were no reports police arrested or detained persons under these provisions.

While official discrimination based on sexual orientation occurred, there were no reports the government targeted LGBTQI+ persons. Societal discrimination against LGBTQI+ persons was entrenched due to a high degree of cultural stigmatization. One openly LGBTQI+ organization based in Bangui, Central African Alternative, carried out health-based advocacy for LGBTQI+ persons.

Chad

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law criminalizes consensual same-sex sexual conduct between adults, with punishments ranging from three months’ to two years’ imprisonment and fines. The government did not actively enforce the law, but there were reports of police harassment against LGBTQI+ persons.

The law does not prohibit discrimination against LGBTQI+ persons in housing, employment, nationality laws, and access to government services.

LGBTQI+ persons faced steep cultural, social, and legal barriers to equal treatment and public acceptance. Many viewed same-sex sexual conduct as a sin, antithetical to local customs and African values. Acceptance of LGBTQI+ persons was minimal; many individuals hid their identity for self-protection, especially those living outside the capital. LGBTQI+ persons reported that the environment in the country was so intolerant that many of them only believed themselves comfortable publicly engaging on the topic after having made the decision to live outside of the country (see also section 3, Participation of Women and Members of Minority Groups).

Chile

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law prohibits discrimination against persons based on sexual orientation or gender identity in housing, employment, and access to government services. The government generally enforced these laws effectively. At times, however, authorities appeared reluctant to use the full recourse of antidiscrimination laws, including charging assailants of lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) victims with a hate crime, which would elevate criminal penalties.

Violence against LGBTQI+ individuals continued. In July the Movement for Homosexual Integration and Liberation (MOVILH) reported humiliating treatment and homophobia towards a patient at the San Pablo de Coquimbo Hospital. A doctor discharged the patient less than 24 hours after surgery and without checking the state of the patient’s postoperative recovery.

In March, MOVILH reported that in 2020 it received 1,266 reports of violence or discrimination due to sexual orientation or gender identity, the highest number in the history of their annual report and a 15 percent increase from 2019. The cases included six killings, police abuse, discrimination in the workplace, and hate campaigns. The most common discriminatory acts reported to MOVILH were verbal abuse and discrimination in public services, such as police operations, public education, and health services.

The law grants transgender citizens aged 14 and older the right to have gender markers on government-issued identity cards and university diplomas changed to reflect their gender identity. In May, MOVILH reported that more than 50 persons had reported difficulties in changing their name and gender with the civil registry and delays in receiving their new identity cards.

On December 9, President Pinera signed into law the Marriage Equality Act, with broad bipartisan support from the Congress. Since 2015 civil unions provided same-sex couples with many but not all the benefits of married couples, such as the right to adoption. Under the new law, all families have the right to the same benefits and protections.

China (Includes Hong Kong, Macau, and Tibet)

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

No laws criminalize private consensual same-sex conduct between adults. Individuals and organizations working on LGBTQI+ matters continued to report discrimination and harassment from authorities similar to that experienced by organizations that accept funding from overseas.

LGBTQI+ individuals reported incidents of violence, including domestic violence; however, they encountered difficulties in seeking legal redress, since regulations on domestic violence do not include recognition of same-sex relationships. Accessing redress was further limited by societal discrimination and traditional norms, resulting in most LGBTQI+ persons refraining from publicly discussing their sexual orientation or gender identity. Nonetheless, the civil code includes a provision that protects certain tenancy rights for designated partners of deceased property owners without officially defined family relationships.

NGOs working on LGBTQI+ topics reported that although public advocacy work became more difficult for them due to laws governing charities and foreign NGOs, they made some progress in advocating for LGBTQI+ rights through specific antidiscrimination cases.

In July, WeChat’s parent company Tencent deleted dozens of public WeChat accounts run by LGBTQI+ groups at universities across the country for allegedly violating internet regulations, including 14 of the most prominent accounts.

In September the National Radio and Television Administration ordered television companies to exclude niangpao or “sissy men” from their content. It was the first time the government used the term, which is used to insult or bully gay men. Also in September the administration condemned representations of gay men’s love stories on radio and television. Later in the month, the state-backed gaming association issued new video game guidelines stating that depictions of same-sex relationships, characters with ambiguous genders, and effeminate males were considered problems and would raise flags.

In November, LGBT Rights Advocacy China, an organization focused on changing law and policy, announced it was ceasing all activities and shutting down its social media accounts.

Colombia

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

There were allegations of police violence based on sexual orientation. There were no reports of official discrimination based on sexual orientation in employment, housing, statelessness, or access to education; however, there were reports of discrimination with respect to access to health care. The government’s national action plan guarantees lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) rights for the 2019-22 period. In August 2020 the constitutional court determined that medical insurance companies must bear the costs of gender affirmation and reassignment surgeries.

Despite government measures to increase the rights and protection of LGBTQI+ persons, there were reports of societal abuse and discrimination as well as sexual assault. NGOs claimed transgender individuals, particularly transgender men, were often sexually assaulted in so-called corrective rape. The NGO Colombia Diversa reported between January 1 and August 18, there were 39 homicides of LGBTQI+ persons, including 26 transgender individuals. The primary forms of abuse were physical, sexual, and psychological aggression, in addition to economic discrimination.

The Attorney General’s Office reported investigating 185 killings of LGBTQI+ persons from 2008 through July 31. Most of the victims were transgender women. In June, Luciana Moscoso Moreno, a transgender woman and member of the Trans Community Network, was killed in her apartment after receiving threats and hate messages. As of August the Attorney General’s Office reported five open investigations into excessive use of force by military or police against LGBTQI+ persons.

Transgender individuals cited barriers to public services when health-care providers or police officers refused to accept their government-issued identification. Some transgender individuals stated it was difficult to change their gender designation on national identity documents and that transgender individuals whose identity cards listed them as male were required to show proof they had performed mandatory military service or obtained the necessary waivers from that service.

Comoros

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law forbids sexual acts “against nature.” This provision is widely understood to apply to consensual same-sex sexual conduct between adults.

Authorities reported no arrests or prosecutions for same-sex sexual activity and did not actively enforce the law. LGBTQI+ persons generally did not publicly reveal their sexual orientation due to societal pressure. There were no local LGBTQI+ organizations.

No laws prohibit discrimination against LGBTQI+ persons in housing, employment, nationality, and access to government services.

Costa Rica

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

No law explicitly prohibits discrimination based on gender identity. Discrimination against persons based on sexual orientation and gender identity is prohibited by a series of executive orders and workplace policies but not by national laws.

There were cases of discrimination against persons based on sexual orientation, ranging from employment, police abuse, and access to education and health-care services. LGBTQI+ individuals experienced discrimination within their own families due to their sexual orientation, gender identity or expression, and sex characteristics.

Cote d’Ivoire

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Authorities were at times slow and ineffective in their response to societal violence targeting the lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) community. Further, LGBTQI+ persons often did not report violence committed or threatened against them, including assault or homicide, because they did not believe authorities would take their complaints seriously.

Homosexuality is not criminalized, but public heterosexual and same-sex intimate activity is subject to conviction as a form of public indecency that carries a penalty of up to two years’ imprisonment. Human rights organizations expressed concern this law could be disproportionately applied against LGBTQI+ persons. The law provides for various political, socioeconomic, and safety protections to all citizens and prohibits discrimination based on several specific categories, but not sexual orientation.

LGBTQI+ community members reported being evicted from their homes by landlords or by their own families. Familial rejection of LGBTQI+ youth often caused them to become homeless and drop out of school. Members of the LGBTQI+ community reported discrimination in access to health care. Human rights organizations reported regular discrimination in employment, with employers refusing to hire, firing, or not promoting LGBTQI+ community members once learning of their LGBTQI+ identity.

Crimea

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Human rights groups and LGBTQI+ activists reported that most LGBTQI+ individuals fled Crimea after Russia’s occupation began. Those who remained lived in fear of abuse due to their sexual orientation or gender identity. The UN Human Rights Council’s independent expert received reports of increased violence and discrimination against the LGBTQI+ community in Crimea as well as the use of homophobic propaganda employed by the occupation authorities. LGBTQI+ persons reportedly were frequently subjected to beatings in public spaces and entrapped by organized groups through social networks. The council’s report noted, “This environment created an atmosphere of fear and terror for members of the community, with related adverse impacts on their mental health and well-being.”

According to the HRMMU, NGOs working on access to health care among vulnerable groups found it impossible to advocate for better access to health care for LGBTQI+ persons due to fear of retaliation by occupation authorities.

Occupation authorities prohibited any LGBTQI+ group from holding public events in Crimea. LGBTQI+ individuals faced increasing restrictions on their exercise of free expression and peaceful assembly, because occupation authorities enforced a Russian law that criminalizes the so-called propaganda of nontraditional sexual relations to minors (see section 6 of the Country Reports on Human Rights for Russia).

Croatia

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Representatives from minority groups said the law’s prohibitions of discrimination in employment and occupation, nationality laws, housing, access to education, and health care based on sexual orientation, gender identity, or gender expression were not consistently enforced and reported sporadic incidents. LGBTQI+ NGOs noted the continuation of the judiciary’s uneven performance in discrimination cases. They reported members of their community had limited access to the justice system, with many reluctant to report violations of their rights due to concerns regarding the inefficient judicial system and fear of further victimization during trial proceedings. NGOs reported that investigations into hate speech against LGBTQI+ persons remained unsatisfactory. On July 3, during the Zagreb Pride parade, there were incidents of violence and spitting on participants, verbal abuse, and the burning of a rainbow flag, according to the organizers’ statement and media reports. The attacks allegedly took place during and after the march, and police arrested several suspects. During a July 6 meeting, Prime Minister Plenkovic reportedly stated that the entire governing coalition would openly stand against violent incidents such as the ones that occurred after the Pride Parade. He asserted there was no room in Croatian society for hate speech, and he praised Deputy Prime Minister Milosevic for his participation in the Pride parade.

On May 17, in a Facebook post on the occasion of International Day against Homophobia, Transphobia, and Biphobia, Rijeka’s Archbishop Mate Uznic asked forgiveness from homosexuals who felt rejected by the Roman Catholic Church. Uznic expressed regret that there were still Catholics who disagreed with the spirit of the apostolic exhortation of Amoris Laetitia, released by Pope Francis in 2016, which stated, ‘‘every person, regardless of sexual orientation, ought to be respected in his or her dignity and treated with consideration, while every sign of unjust discrimination is to be carefully avoided, particularly any form of aggression and violence.”

The Zagreb Pride organization reported on August 13 that a group of LGBTQI+ tourists from several different countries were thrown out of the Lost in the Renaissance Festival on the southern Adriatic island of Korcula. The organizing Aminess Hotels and Campsites company and the mayor of the city of Korcula strongly condemned the incident and expressed sincere regrets.

On April 21, the Zagreb Administrative Court granted same-sex couples the right to adopt children. The court ruled in favor of a same-sex couple who had challenged a 2019 law meant to increase the number of foster parents. Soon after the court ruling, however, the Ministry of Labor, Pensions, Family and Social Policies announced it would appeal.

Cuba

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law prohibits discrimination based on sexual orientation in employment, housing, citizenship, education, and health care but does not extend the same protections to transgender or intersex individuals based on gender identity or gender expression.

The government did not recognize domestic human rights groups or permit them to function legally. Several unrecognized NGOs that promoted LGBTQI+ human rights faced government harassment, not for their promotion of such topics, but for their independence from official government institutions.

Cyprus

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Antidiscrimination laws prohibit direct or indirect discrimination based on sexual orientation or gender identity. Antidiscrimination laws cover employment and the following activities in the public and private domain: social protection, social insurance, social benefits, health care, education, participation in unions and professional organizations, and access to goods and services. The law also criminalizes incitement to hatred or violence based on sexual orientation or gender identity.

The government did not always enforce laws against discrimination, and lesbian, gay, bisexual, transgender, queer, or intersex (LGBTQI+) individuals faced significant societal discrimination, particularly in rural areas. As a result many LGBTQI+ persons were not open concerning their sexual orientation or gender identity, nor did they report homophobic violence or discrimination.

There were reports of employment discrimination against LGBTQI+ applicants (see section 7.d.).

As in previous years, ACCEPT representatives reported that transgender persons undergoing hormone replacement therapy experienced discrimination accessing health care following the introduction of a new national universal health insurance system in 2019. The NGO also reported that transgender persons faced increased difficulties accessing hormone treatment due to the COVID-19 lockdown.

Czech Republic

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

In June President Zeman stated that he “does not understand transgender people,” that persons who undergo surgery to change their gender are “committing the criminalized act of self-harm,” and that transgender persons are “disgusting.” A leading NGO in the field viewed the comments as psychologically harmful to LGBTQI+ persons and as inciting hatred. An NGO that provides legal assistance to hate crime victims reported that it received five referrals shortly after Zeman’s statement.

An NGO reported that while attacks on Roma remained the most prevalent form of hate crime (verbal and physical), there was a significant increase in attacks on LGBTQI+ individuals during the year. The NGO noted an increase (from two to eight) in such cases reported to it between the first and the second quarters of the year.

In August a young man who identified as nonbinary, accompanied by his 74-year-old grandfather, was attacked by several men in Prague. The grandfather fell and suffered head injuries during the attack and later died in the hospital. An NGO assisting the victim reported that police were not treating the incident as an attack motivated by sexual orientation.

In June a group of eight persons attacked Jakub Stary, the editor of a gay magazine, as well as his same-sex partner and three friends in Prague because Stary and his partner were holding hands. Stary lost teeth and suffered injuries on his head and body. He reported to the media that police on the scene became dismissive of the incident when they were told the attack was provoked by Stary and his partner holding hands.

Several LGBTQI+ individuals complained to the ombudsman that their blood donations were refused on the grounds that they had unprotected sex in the previous six months, although all blood samples are tested for all sexually transmitted diseases. No similar refusals were made regarding blood donations by heterosexual persons.

Official change of gender is only available to persons who undergo gender reassignment surgery. Transgender individuals are required to be sterilized to obtain gender altering surgery or receive legal gender recognition. Gender altering surgery is allowed for single or divorced persons who have a minimum of one year of hormonal therapy and “acting” as the person of the desired gender. The Council of Europe found this practice contrary to EU member commitments on the protection of health. The ombudsman recommended that the government submit amendments to relevant laws. In May 2019 the Supreme Administrative Court ruled, contrary to the European Court for Human Rights, that the sterilization requirement was legitimate. The decision was challenged in the Constitutional Court, where the case was pending as of year’s end.

Laws prohibit discrimination against LGBTQI+ persons in housing, employment, and access to health care, and the government generally enforced such laws. The country does not have specific hate crime provisions covering sexual orientation and gender identity. Laws allow registered partnerships of same-sex couples but not marriage. The law on victims of crimes covers lesbian, gay, bisexual, and transgender minorities, but they are not considered “particularly vulnerable persons” and are not entitled to additional legal protections, unlike children, seniors, victims of trafficking or terrorism, and, as of July, rape and domestic violence victims.

Democratic Republic of the Congo

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

While no law specifically prohibits consensual same-sex sexual conduct between adults, individuals engaging in public displays of consensual same-sex sexual conduct, such as kissing, were sometimes subject to prosecution under public indecency provisions, which were rarely applied to opposite-sex couples. A local NGO reported authorities rarely took steps to investigate, prosecute, or punish officials who committed abuses against LGBTQI+ persons, whether in the security forces or elsewhere in the government.

Identifying as LGBTQI+ remained a cultural taboo. LGBTQI+ individuals were subjected to harassment, stigmatization, and violence, including “corrective” rape. Some religious leaders, radio broadcasts, and political organizations played a key role in supporting discrimination against LGBTQI+ individuals.

LGBTQI+ persons in South Kivu Province reported that in 2018 a coalition of revivalist churches in Bukavu published materials characterizing LGBTQI+ persons as acting against the will of God. The publications contributed to a deteriorating environment for LGBTQI+ rights in the area. Advocates in the eastern part of the country reported arbitrary detentions, acts of physical violence, including beatings, being stripped naked, sexual abuse in public settings, and rape. In some cases LGBTQI+ persons were forced by threats of violence to withdraw from schools and other public and community institutions.

In June LGBTQI+ persons who participated in Pride Month activities were subjected to harassment, physical violence, and threats when photographs became public. An NGO supporting LGBTQI+ rights reported receiving hate mail and threats of violence. The NGO reported there was rarely condemnation when LGBTQI+ persons were attacked and that LGBTQI+ individuals faced difficulties pursuing claims of discrimination in employment.

An NGO promoting LGBTQI+ rights claimed other human rights organizations excluded and ostracized LGBTQI+ rights organizations due to their religious beliefs or belief that LGBTQI+ rights do not constitute human rights. One activist reported being explicitly excluded from other meetings of human rights organizations or women’s rights organizations due to her affiliation as an LGBTQI+ activist.

A human rights NGO reported that a gay man was severely beaten by a mob, which included several security force members, after he was lured to meet another man at a local hotel. Human rights activists alleged that some in the mob were members of the Republican Guard. The mob later attacked the man’s house and stole his money, causing the man to go into hiding and to be disowned by his family.

LGBTQI+ activists reported that there were many cases of “corrective” rape against both men and women during the year. When the survivors came to a health clinic for care, they were either rejected for being LGBTQI+ or the staff at the health clinic tried to talk them out of being LGBTQI+.

An influential church, Centre Missionnaire Philadelphie, where several high-ranking politicians attended services, held a seminar with hundreds of participants about the “causes and consequences” of being LGBTQI+, claiming it was immoral.

In July former human rights minister Marie-Ange Mushobekwa, responding to a tweet, wrote that LGBTQI+ persons could “love each other privately” but claimed that representative of foreign governments “will have to walk over the dead bodies of Congolese people to impose such behavior in public or legalize it.”

Denmark

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Police and other government agents did not incite, perpetrate, condone, or tolerate violence against LGBTQI+ individuals, or those reporting on such abuse.

Danish law prohibits discrimination by state and nonstate actors against LGBTQI+ persons, and the government enforced such laws.

The law affords individuals legal gender recognition, but government guidelines require that individuals undergoing transition receive hormone treatment at one of two designated government-run clinics; private physicians are not permitted to establish this course of treatment.

In May the protest movement Live and Let Live (Lev og Lad Leve) published a book detailing 1,000 examples of hate crimes committed against members of the LGBTQI+ community in the country since 2020. The release of the book was accompanied by a demonstration at parliament where 1,000 chairs were placed in front of the castle, one to represent each story in the book. The organizers and authors of the book delivered copies of the book to politicians in parliament, among them Minister for Equal Opportunities Peter Hummelgaard. Several smaller demonstrations were held throughout the country where books were given to local politicians. Intersex Denmark and other LGBTQI+ organizations called on the country to end surgery on intersex children.

Djibouti

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law does not explicitly criminalize lesbian, gay, bisexual, transgender, queer, or intersex (LGBTQI+) status or sexual conduct between consenting adults. No antidiscrimination law exists to protect LGBTQI+ individuals. There were no reported incidents of societal violence or discrimination based on sexual orientation, gender identity or expression, or sex characteristics, although LGBTQI+ persons generally did not openly acknowledge their LGBTQI+ status. There were no LGBTQI+ organizations.

Dominica

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Consensual same-sex sexual conduct for both men and women is illegal under indecency statutes. The law also prohibits anal intercourse between males. The government reported it rarely enforced either statute, with no instances of the law being enforced through the end of November. Indecency statutes carry a maximum penalty of 12 years in prison, and same-sex sexual conduct between consenting men carries a maximum penalty of 10 years in prison, with the possibility of forced psychiatric confinement upon release.

No laws prohibit discrimination against a person based on sexual orientation, gender identity, gender expression, or sex characteristics in employment, housing, education, or health care.

Anecdotal evidence suggested that strong societal and employment discrimination were common against persons due to their real or perceived sexual orientation, gender identity, gender expression, or sex characteristics. Civil society representatives reported that LGBTQI+ victims of violence or harassment avoided notifying police of abuse because of social stigma and fear of harassment. Representatives further reported that in cases where police were notified of attacks against LGBTQI+ persons, police either rejected or poorly investigated some claims.

Civil society representatives reported that some LGBTQI+ individuals were denied access to housing, lost employment, were bullied in schools, or were denied educational and institutional support. Stigma and fear of abuse and intimidation prevented LGBTQI+ organizations from developing their membership or conducting activities such as Pride marches.

Dominican Republic

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The constitution protects the principles of nondiscrimination and equality before the law, but it does not specifically include sexual orientation and gender identity as protected categories. It prohibits discrimination on the grounds of “social or personal condition” and mandates that the state “prevent and combat discrimination, marginalization, vulnerability, and exclusion.” The law prohibits discrimination based on sexual orientation and gender identity only for policies related to youth and youth development.

Discrimination limited the ability of LGBTQI+ persons to access education, employment, health care, and other services. NGO representatives reported widespread discrimination against LGBTQI+ persons, particularly transgender individuals and lesbians, in health care, housing, education, justice, and employment. LGBTQI+ individuals also faced rampant intimidation and harassment.

Ecuador

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

LGBTQI+ groups claimed police and prosecutors did not thoroughly investigate deaths of LGBTQI+ individuals, including when there was suspicion that the killing was motivated by anti-LGBTQI+ bias. On September 3, NGO Silueta X representatives said 14 members of the LGBTQI+ community had been killed in 2020 and seven more as of September 3 (including one alleged forced disappearance by unknown perpetrators). Fundacion Ecuatoriana Equidad cited police and prosecutors’ lax attitude and the lack of technical capacity and knowledge about the LGBTQI+ individuals to explain insufficient investigations into crimes committed against LGBTQI+ persons.

Regarding the May 2020 killing of Javier Viteri, on July 7, a municipal court in Arenillas convicted and sentenced the accused person, a military conscript, to 34 years and eight months in prison.

The constitution includes the principle of nondiscrimination and the right to decide one’s sexual orientation. The law also prohibits hate crimes, but LGBTQI+ activists asserted that since the legal codification of hate crimes in 2008, there had been no hate crime convictions for crimes directed at LGBTQI+ persons. Although the law prohibits discrimination based on sexual orientation, LGBTQI+ persons continued to suffer discrimination from both public and private entities, particularly in education, employment, and access to health care. LGBTQI+ organizations reported transgender persons suffered more discrimination because they were more visible.

LGBTQI+ persons continued to report that the government sometimes denied their right of equal access to formal education. Despite the publication of a “Guide to Prevent and Combat Discrimination Based on Sexual Diversity and Gender Identity” by the Ministry of Education in 2019, Fundacion Ecuatoriana Equidad indicated the government had not comprehensively applied the guide’s provisions and not adapted relevant regulations to implement the guide. LGBTQI+ students, particularly transgender students, sometimes were discouraged from attending classes and were more susceptible to bullying in schools. Human rights activists argued the Ministry of Education and school administrators were slow to respond to complaints regarding overall harassment, discrimination, or abuse, particularly against LGBTQI+ persons. LGBTQI+ persons involved in the commercial sex trade reported abusive situations, extortion, and mistreatment by security forces.

The law prohibits changing gender on identity documents for LGBTQI+ persons younger than 18, even with parental consent. In 2019 an LGBTQI+ NGO reported a transgender minor was denied enrollment at 15 schools under her chosen name and gender in 2017. The minor’s parents subsequently filed a lawsuit requesting that officials allow her to change her name and gender on identity documents to end discrimination against her. In 2018 the Office of the Civil Registry allowed changes on her identity card. Fundacion Ecuatoriana Equidad reported the parents then filed an inquiry with the Constitutional Court to determine the age transgender underage individuals may change their identity information. A court decision on the inquiry remained pending as of September 28.

An LGBTQI+ organization reported the existence of clandestine private treatment centers confining LGBTQI+ persons against their will to “cure” or “dehomosexualize” them despite the illegality of such treatment. According to the organization, the Ministry of Public Health had some success in identifying and closing such institutions. Alternatively, LGBTQI+ organizations said relatives also took LGBTQI+ persons to neighboring countries, where clinics reportedly used violent treatments, including rape, to change LGBTQI+ persons’ sexual orientation.

Egypt

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

While the law does not explicitly criminalize consensual same-sex sexual activity, lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons were arrested and prosecuted on charges such as “debauchery,” “prostitution,” and “violating family values,” for which the law provides for prison sentences of up to 10 years. According to a local rights group, there were more than 250 reports of such arrests since 2013. Rights groups and activists reported harassment by police, including physical assault and forced payment of bribes to provide information concerning other LGBTQI+ individuals or to avoid arrest. There were reports that authorities used social media, dating websites, and mobile phone apps to entrap persons they suspected of being gay or transgender, a method LGBTQI+ advocates described as especially effective since LGBTQI+-friendly public spaces had largely closed in recent years. Rights groups reported that authorities, including the Forensic Medical Authority, conducted forced anal examinations, which rights groups indicated primarily targeted LGBTQI+ individuals. The law allows for conducting forced anal exams in cases of “debauchery.”

Authorities did not use antidiscrimination laws to protect LGBTQI+ individuals. Legal discrimination and social stigma impeded LGBTQI+ persons from organizing or advocating publicly in defense of their rights. Information was not available on discrimination in employment, occupation, housing, statelessness, or access to education or health care based on sexual orientation and gender identity. There were no government efforts to address potential discrimination. There were reports of arrests and harassment of LGBTQI+ individuals. Intimidation and the risk of arrest greatly restricted open reporting and contributed to self-censorship. The government has the authority to deport or bar entry to the country of LGBTQI+ foreigners.

The Egyptian Medical Syndicate allows for gender-affirming treatment with approval by a special committee composed of medical doctors and al-Azhar clergy, according to international media citing a local LGBTQI+ activist on February 6. The committee relies on a fatwa that stipulates gender affirming treatment must be “medically necessary” and justified by a “biological,” not a “mental” matter. According to Human Rights Watch, the surgery was allowed only for intersex persons, which left transgender individuals to seek treatment from unregulated and often unsafe clinics. On August 26, according to Human Rights Watch, Ezz Eldin, a 26-year-old transgender man, bled to death following surgery in an underground clinic.

On May 6, border guards prevented two transgender Israelis from entering Sinai for tourism because they did not appear to belong to the sex listed in their passports.

According to a LGBTQI+ rights organization 2020 annual report issued in January, authorities arrested 25 LGBTQI+ individuals in 2020 and conducted forced anal exams on six persons.

El Salvador

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Police and gangs continue to commit acts of violence against LGBTQI+ individuals. These actions were tolerated by the government, and perpetrators were rarely prosecuted.

On February 20, the Attorney General’s Office announced three MS-13 gang members were convicted of homicide for the 2017 murders of two transgender women in San Luis Talpa, La Paz Department, and each was sentenced to more than 60 years in prison. The Prosecutor’s Office handled the case as a quarrel between gangs and not as a crime related to gender identity of the victims, and as a result the Prosecutor’s Office did not categorize the homicides as hate crimes.

On April 25, Zashy del Cid, a transgender woman, died in San Miguel after she was shot in the back while walking down the street. As of June 5, police had made no arrests. A report by Association Communicating and Training Trans Women in El Salvador (COMCAVIS Trans) found that gangs were responsible for nearly two-thirds of the violence against the LGBTQI+ community.

LGBTQI+ activists reported to the Attorney General’s Office that they received death threats on social media. Police generally failed to act on these reports. NGOs reported that public officials, including police, engaged in violence and discrimination against LGBTQI+ persons. Persons from the LGBTQI+ community stated the PNC and officials from the Attorney General’s Office harassed transgender and gay individuals who reported cases of violence against LGBTQI+ persons, including by conducting unnecessary and invasive strip searches.

In 2020 the Bukele administration eliminated five presidential secretariats created under the previous administration, including the Secretariat of Inclusion. The responsibilities of the secretariat moved to the Gender and Diversity Office in the Ministry of Cultural Affairs, which has no authority to influence policy and insufficient support to implement programs. It did not provide any significant public services.

The law prohibits discrimination based on sexual orientation or gender identity, which applies to discrimination in housing, employment, nationality, and access to government services. Gender identity and sexual orientation are included in the law covering hate crimes, along with race and political affiliation. Despite the existence of these laws, the government has not taken enforcement actions against violators.

As of August 31, the PDDH reported seven alleged cases of discrimination against LGBTQI+ persons. The PDDH confirmed on February 14 that they opened an investigation into the possible discrimination against an army officer who complained of being discharged due to his sexual orientation. On January 31, the Lieutenant Cristian Adalberto Castro Grijalva was discharged from the army for “public or private conduct that is notoriously immoral or contrary to good customs or public order.” Castro Grijalva said his sexual orientation was not a secret and that it never affected his performance.

Supreme Electoral Tribunal guidelines state individuals may not be denied the right to vote because the photograph on their identification card does not match their physical appearance. Nonetheless, media documented cases of transgender persons who faced harassment while voting in the municipal elections during the year because their name and photograph on their national identification document did not match their expression of gender identity.

COMCAVIS Trans reported that the LGBTQI+ community faced discrimination when obtaining health care. Lesbian women said their gynecologists only focused on HIV or other sexually transmitted diseases when they learned that their patients were lesbian instead of spending time treating routine gynecological issues. According to COMCAVIS Trans, transgender persons also faced discrimination from medical staff when they insisted on calling patients by their legal name instead of their chosen names.

Equatorial Guinea

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Security forces reportedly subjected LGBTQI+ individuals to discrimination and violence, including rape and other sexual violence, within the military and in jails and prisons. Authorities did not investigate these abuses.

No laws criminalize consensual same-sex sexual conduct between adults, but societal stigmatization of and discrimination against the LGBTQI+ community was a problem. The government made no effort to combat this stigma and discrimination. The government and laws do not formally recognize or protect the existence of LGBTQI+ persons or groups; no laws prohibit discrimination. The government’s position was that such sexual orientations and gender identities were inconsistent with cultural beliefs.

LGBTQI+ individuals often faced stigma from their families as well as from the government and employers. Families sometimes rejected children and forced them to leave home, often resulting in them quitting school. Authorities removed some LGBTQI+ individuals from government jobs and academia because of their perceived or actual sexual orientation. School officials reportedly denied transgender children access to some educational facilities. There were persistent reports that family members raped LGBTQI+ women to impregnate them and supposedly convert them to heterosexuality. Family members also reportedly raped transgender men. There were also reports of families of LGBTQI+ parents taking children away.

Eritrea

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law criminalizes consensual same-sex sexual activity “or any other indecent act,” which is punishable if convicted by five to seven years’ incarceration. The government actively enforced this law. Antidiscrimination laws relating to LGBTQI+ persons do not exist.

There were no known LGBTQI+ organizations in the country. The government tightly restricts freedom of expression (see section 2.a.), including on subjects related to sexual orientation and gender identity.

Estonia

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law prohibits discrimination based on sexual orientation and gender identity. While the law is not specific regarding the forms of sexual orientation and gender identity covered, the general understanding is that it encompasses LGBTQI+ individuals. In 2020 police registered one case that included expression of hatred against LGBTQI+ persons. Advocacy groups reported that societal harassment and discrimination against LGBTQI+ persons remained common but noted improving public attitudes towards LGBTQI+ persons. A 2021 survey of citizens showed that more than half of the respondents considered same-sex sexual orientation completely or somewhat acceptable (53 percent), a 12-point increase since the same question was posed in 2019.

Eswatini

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

While there are colonial-era common law prohibitions against sodomy, no penalties are specified, and there has never been an arrest or prosecution for consensual same-sex conduct. The law does not prohibit discrimination against lesbian, gay, bisexual, transgender, queer, or intersex (LGBTQI+) persons in housing, employment, nationality laws, and access to government services such as health care. Societal discrimination against LGBTQI+ persons, although gradually lessening, remained a concern, and LGBTQI+ persons often concealed their sexual orientation and gender identity. LGBTQI+ persons who were open regarding their sexual orientation and relationships faced censure and exclusion from the chiefdom-based patronage system. Some traditional, religious, and government officials criticized same-sex sexual conduct as neither morally Swati nor Christian. In June LGBTQI+ persons conducted a virtual pride celebration without incident.

Ethiopia

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

There were reports of violence against LGBTQI+ persons; however, reporting was limited due to fear of retribution, discrimination, or stigmatization. There are no hate crime laws or other criminal justice mechanisms to aid in the investigation of abuses against LGBTQI+ persons. Individuals generally did not publicly identify themselves as LGBTQI+ due to severe societal stigma and the illegality of consensual same-sex sexual conduct. Activists in the LGBTQI+ community reported surveillance and feared for their safety. The law does not prohibit discrimination by state and nonstate actors against LGBTQI+ persons.

Consensual same-sex sexual conduct is illegal, and conviction is punishable by three to 15 years’ imprisonment. No law prohibits discrimination against LGBTQI+ persons. There were no reports of persons incarcerated or prosecuted for engaging in consensual same-sex sexual conduct.

Fiji

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The constitution prohibits discrimination on the grounds of sexual orientation, gender, and gender identity and expression. The law prohibits discrimination in employment based on sexual orientation. Nevertheless, NGOs reported complaints of discrimination against lesbian, gay, bisexual, transgender, queer, or intersex persons in employment, housing, access to health care, and other fields.

Finland

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law requires that a transgender person present a medical statement affirming the individual’s gender identity and a certificate of infertility before the government may legally recognize their gender identity. To obtain the medical statement that includes an affirmation of gender, transgender persons must first undergo a psychiatric monitoring process and receive a psychiatric diagnosis, a process that organizations, activists, and transgender persons criticized as causing significant harm, distress, and humiliation. Access to specialized treatment services is only available after a diagnosis of “gender dysphoria,” which lasts for at least two years, thereby creating barriers to gender affirming procedures.

In addition to the requirement that an individual submit to sterilization, activists criticized the duration of the legal process, stating it could take up to three years to obtain identity documents with the new gender markers. In April a citizens’ initiative to reform laws for obtaining legal gender recognition, to extend legal redress opportunities to juvenile minors, and the abolition of a centralized database on past gender transitions garnered 50,000 signatures. Trafficking authorities and civil society stated they had no specialized services for transgender victims of trafficking in persons and were unaware of their status among the trafficking-victim population.

While the law prohibits “conversion therapy” in medical settings, it continued to be practiced privately, most commonly in religious associations. According to local activists, children in the Pentecostal Church community continued to be provided material that encourages sexual orientation conversion.

The law prohibits discrimination based on gender identity, gender expression, or sexual orientation in housing, employment, nationality laws, and access to government services, and the government enforced the law. Stickers for the banned NRM targeted LGBTQI+ pride events, inter alia.

France

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Homophobic violence and hate speech decreased by 15 percent in 2020, with 1,590 acts compared with 1,870 in 2019, according to Ministry of Interior statistics released May 12. Insults constituted 31 percent of the offenses, while nonsexual physical violence made up 26 percent. Victims were mainly men (75 percent) and young persons (60 percent were younger than age 35). The ministry stressed there was significant underreporting, so the actual figures were higher.

On May 10, the Bobigny Criminal Court sentenced a 21-year-old man to four years in prison, including an 18-month suspended prison sentence, for hitting and stabbing a 31-year-old gay man in an ambush in Drancy in 2019. The court acknowledged the homophobic nature of the attack. Two other suspects, minors at the time of the attack, were due to appear before a children’s judge.

On May 17, the Inter-LGBT association reported that COVID-19 lockdowns led to an increase in violence against lesbian, gay, transgender, queer, and intersex (LGBTQI+) persons within families in 2020. The group said the associations have been under increased pressure to find emergency lodgings for youth thrown out on the street because of their sexual orientation.

According to a YouGov survey of 1,028 individuals conducted between June 7 and June 14 and published on August 31, 57 percent of respondents said they would be supportive if a close family member came out as lesbian, gay, or bisexual, while one in five (19 percent) said they would not. Approximately half (47 percent) would be supportive if their relative came out as transgender or nonbinary, but one in four (27 percent) would not.

The law prohibits discrimination based on sexual orientation and gender identity in housing, employment, nationality laws, and access to government services. Authorities pursued and punished perpetrators of violence based on sexual orientation or gender identity. The statute of limitations is 12 months for offenses related to sex, sexual orientation, or gender identity.

In October 2020 Elisabeth Moreno, the junior minister of gender equality and the fight against discrimination, unveiled a three-year national plan to combat hatred and discrimination against LGBTQI+ persons. Moreno told media the plan emphasized the importance of inclusive education in stamping out homophobia and aimed to make members of the LGBTQI+ community “citizens in their own right.” The strategy comprised 42 measures designed to tackle homophobia or transphobia in the home, school, university, work, health care, and sports, and will be “amplified” between 2020 and 2023. The plan also aimed to act against conversion therapy, which Moreno stated constituted “abject and medieval practices.”

In a September 29 circular addressed to all Education Ministry staff, Education Minister Jean-Michel Blanquer gave instructions on how to improve the welcoming of transgender children and how to fight against transphobia in schools. The circular set rules on responding to requests to change first names, wear clothing, and use private areas such as toilets and changing rooms.

Human rights organizations such as Inter-LGBT criticized the government for continuing to require transgender persons to go to court to obtain legal recognition of their gender identity.

Gabon

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

In June 2020 the National Assembly and Senate approved a government bill decriminalizing consensual same-sex sexual conduct between adults. In July 2020 the president signed it into law. There are no specific antidiscrimination or hate crime laws or other criminal justice mechanisms designed to aid in the prosecution of bias-motivated crimes (see also section 6, Women, Reproductive Rights). There were reports from civil society organizations and media of LGBTQI+ persons being targeted for abuse. Such incidents were rarely reported to police, however. Societal discrimination in employment and housing were problems, particularly for openly LGBTQI+ persons.

Gambia

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law criminalizes consensual same-sex sexual conduct between adults by punishing acts “against the order of nature” and acts of “gross indecency.” The law also punishes “aggravated homosexuality.” The government did not actively enforce these laws.

Citing more “pressing” priorities, the president in 2018 dismissed homosexuality as a nonissue in the country.

The law does not address discrimination against lesbian, gay, bisexual, transgender, queer, or intersex (LGBTQI+) persons regarding essential goods and services such as housing, employment, and access to government services, including health care. There was strong societal discrimination against LGBTQI+ persons.

Georgia

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses based on Sexual Orientation and Gender Identity

The law makes acting on the basis of prejudice because of a person’s sexual orientation or gender identity an aggravating factor for all crimes. According to NGOs, however, the government rarely enforced the law. The Human Rights Department of the Ministry of Internal Affairs trained officers on hate crimes.

The Public Defender’s Office reported LGBTQI+ individuals continued to experience systemic violence, oppression, abuse, intolerance, and discrimination. LGBTQI+ rights organizations reported several instances of violence against LGBTQI+ individuals during the year. Authorities opened investigations into several of the cases. According to the Prosecutor General’s Office, in the first nine months of the year criminal prosecutions were initiated against 64 persons on the basis of intolerance on the grounds of sexual orientation and gender identity. The office reported that violence against LGBTQI+ individuals, whether in the family or in public spaces, was a serious problem and that the government’s actions were insufficient to respond to this challenge.

LGBTQI+ organizations, NGOs, and the Public Defender’s Office reported the government’s ineffective antidiscrimination policy reduced the LGBTQI+ community’s trust in state institutions, and they pointed to homophobic statements by politicians and public officials as furthering hatred and intolerance against the community. For example on July 5, regarding the planned Tbilisi Pride march, Prime Minister Garibashvili stated “the march scheduled today carries risks of civic confrontation because the march is unacceptable by the vast majority of the country’s population. That is why I believe that the conduct of the march on Rustaveli Avenue is not reasonable.” He added separately, “The opposition headed by Saakashvili is behind the pride march, which is aimed at provoking civil confrontation and turmoil.”

During the year there was a rise in attacks against LGBTQI+ persons and those perceived to be associated with the LGBTQI+ community, most notably against transgender women. Violent protests and riots during Tbilisi Pride culminated in homophobic and anti-Western riots on July 5 (see section 2.b., Freedom of Peaceful Assembly and Association). Individual attacks were also on the rise. For example on April 30, a 17-year-old transgender girl was attacked by two unknown suspects who beat her, smashed her cell phone, and used transphobic rhetoric. On May 1, two individuals were charged for this crime and were released by the court on relatively low bail given the nature of the violent crime. On June 7, the case was referred for trial to the Tbilisi City Court; as of year’s end, the trial continued.

On October 31, a man entered a massage parlor in Tbilisi and attacked two transgender women with a knife, killing one and wounding another. The suspect was arrested and faced a charge of premeditated murder. The Prosecutor General’s Office said the suspect “wanted to kill transgender people on the grounds of intolerance of gender identity.” As of year’s end, the case was still pending.

On April 20, a man attacked a lesbian couple in front of their child outside their home in Tbilisi. The attacker, a neighbor, insulted them and demanded they move out of the building. The attacker then spat on them, continued with homophobic insults, and threatened the couple with a knife. Police arrested the man, who was released on bail on April 23 and was allowed to return to their shared apartment building. LGBTQI+ activists cited the case as an example of the government not taking LGBTQI+ hate crimes seriously. In June the case was referred for trial to Tbilisi City Court; as of year’s end, the trial continued.

The Public Defender’s Office received 10 complaints of discrimination based on sexual orientation and seven cases based on gender identity. Of these cases, 16 were being investigated by the Internal Affairs Ministry. In one of the cases, the claimant alleged refusal of service based on homophobic motives. On July 6, a private company refused to prepare a seal for the organization, The Network of a European Person’s Rights. The claimant also said that an employee of the company, who was preparing the mold of the seal, used degrading and insulting language towards the LGBTQI+ community. When the claimant told the employee the name of the organization, the latter started insulting the Tbilisi Pride event, praising Levan Vasadze – a businessman and far-right political leader – and speaking about the July 5 violence. The Public Defender’s Office was reviewing the case.

In a high profile case, in 2019 the Ministry of Internal Affairs charged one person for making death threats based on sexual orientation after he threatened an individual who made public statements against homophobia on May 17, the International Day against Homophobia, Biphobia, and Transphobia. In July the case was referred for trial to Batumi City Court. As of December the trial had not commenced.

The law requires gender confirmation surgery for legal gender-identity change and does not provide options for transgender individuals who do not wish to undergo confirmation surgery to change their gender identity.

Germany

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) activists and community members complained of violent attacks and a growing atmosphere of hostility towards LGBTQI+ persons across the country, often directed at transgender individuals. Official crime statistics recorded 782 hate crimes against LGBTQI+ persons nationwide, 154 of which were violent and 144 of which involved battery. Community activists suspected true figures were much higher and counted three anti-LGBTQI+ killings in the country in 2020. The Berlin NGO Maneo identified 510 hostile incidents in Berlin alone in 2020, 119 of which involved battery or attempted battery.

On March 16, Frankfurt prosecutors charged with aggravated battery three individuals aged 16, 17, and 18 who had attacked a LGBTQI+ individual, age 20, in Frankfurt in November 2020 after he had spoken in a YouTube video regarding queer topics and hostility toward the LGBTQI+ community. They were expected to be tried in juvenile court.

On March 20, an unknown man attacked a trans woman in Frankfurt with verbal insults and several punches to her face, resulting in light injuries and hospitalization. Following the attack, trans rights activist Julia Monro praised the communications practices of Frankfurt police, especially for having explicitly named transphobia as the motive for the attack.

On May 21, the Dresden Higher Regional Court sentenced a Syrian refugee, age 20, and known Islamist to life imprisonment followed by a conditional security detention for attacking a gay couple in Dresden with a knife in October 2020, fatally injuring one of them. The state Ministry of the Interior and Federal Prosecutor’s Office in Saxony rejected a homophobic motive, focusing instead on the crime’s radical Islamist background. LGBTQI+ advocacy groups decried this as “unacceptable” and “disturbing.”

On June 24, the day of Berlin’s pride march, a group of unknown persons attacked a march participant from behind before punching him in the face; he required medical treatment for his injuries. Earlier that same evening, a group of persons punched and kicked three other marchers in a Berlin park while shouting anti-LGBTQI+ insults; all three were injured. Police arrested three suspects. The previous afternoon a man aged 18 assaulted a gay couple in the subway and the city’s plaque commemorating the gay liberation movement had been vandalized.

The law prohibits discrimination based on sexual orientation and gender identity. Under the law offering, advertising, or arranging treatments to convert homosexual or transgender minors by means of “conversion therapy” is a crime punishable by up to a year in prison. Penalties are also possible if persons of legal age have been coerced to undergo such “therapy.”

LGBTQI+ activists criticized the law’s requirement that transgender persons obtain two assessments by independent experts to receive legal gender recognition (including a legal name change), as expensive, time consuming, subjective, and intrusive.

In July the Cologne District Court fined a Polish theology professor and priest for inciting hatred by calling homosexuals in the Roman Catholic church a “cancer” and “colony of parasites,” in a January church periodical article. The publication was also fined; both defendants appealed the decision.

A professor previously convicted of defamation of LGBTQI+ persons won his appeal on March 2. In August 2020 a Kassel district court had found Kassel University biology professor Ulrich Kutschera guilty of defamation and fined him. In a 2017 interview, Kutschera had alleged that sexual abuse of children was likelier to occur among same-sex parents and called same-sex couples “asexual erotic duos without reproduction potential.” Kutschera appealed his conviction to the Kassel State Court, which overturned the lower court’s decision, ruling that his statements were covered by constitutional free speech protections.

Ghana

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

There were some reports of police violence against LGBTQI+ persons. LGBTQI+ persons faced police harassment and extortion attempts (see also section 1.d, Arbitrary Arrest). There were reports police were reluctant to investigate claims of assault or violence against LGBTQI+ persons. Stigma, intimidation, and the perceived negative attitude of some police toward LGBTQI+ persons were factors in preventing survivors from reporting incidents of abuse. LGBTQI+ activists also reported widespread attempts to blackmail LGBTQI+ individuals, with prosecution difficult due to police inaction. LGBTQI+ persons in prison were vulnerable to sexual and other physical abuse, which authorities generally did not investigate.

Beatings and public humiliation of LGBTQI+ persons by community members were common and growing in number. The attacks were sometimes shared on social media in an effort to further humiliate and ostracize LGBTQI+ persons. There was a notable increase in anti-LGBTQI+ statements by political, religious, and community leaders, and media coverage of these statements.

The law criminalizes the act of “unnatural carnal knowledge,” which is defined as “sexual intercourse with a person in an unnatural manner or with an animal.” The offense covers only persons engaged in same-sex male relationships and those in heterosexual relationships. There were no reports of adults prosecuted or convicted for consensual same-sex sexual conduct.

The law does not explicitly prohibit discrimination based on sexual orientation and gender identity. LGBTQI+ persons faced widespread discrimination in education and employment.

Activists working to promote the human rights of LGBTQI+ persons noted great difficulty in engaging officials on LGBTQI+ problems because of social and political sensitivity. Media coverage regarding homosexuality and related topics was almost always negative.

On February 2, the local NGO LGBT+ Rights Ghana inaugurated its new office space in the Ashongman area of Accra. After anti-LGBTQI+ activists complained in local media concerning the existence of the center, on February 15, police raided the center and closed it. The center remained closed at year’s end.

On March 27, police arrested 22 persons in Kwahu-Obomeng, Eastern Region, for participating in an alleged lesbian wedding. Police arrived at a popular community location in response to reports that two women planned to be married. Police justified the arrests on the grounds the venue’s owner complained participants were violating COVID-19 protocols. Authorities released them due to lack of evidence.

On May 20, police arrested 21 LGBTQI+ activists attending a conference in the city of Ho, Volta Region. On an official Twitter account, police acknowledged making the arrests because the suspects were believed to be pro-LGBTQI+. Authorities charged the “Ho 21” with unlawful assembly, conspiracy to commit a crime, and acts of “unnatural carnal knowledge.” After multiple requests, on June 11, authorities released them on bail. On August 5, a court dropped all charges for lack of evidence, and ordered the return of the defendants’ confiscated property including laptops and smart phones.

The LGBTQI+ activists reported harassment and humiliation by police during their detention. They also reported their inability to return to their previous lives, since they were suspended from work and banned from their communities after their identities were broadcast by police.

Greece

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law prohibits discrimination against lesbian, gay, bisexual, transgender, queer, or intersex (LGBTQI+) persons in housing, employment, and government services such as education and health care. The government enforced antidiscrimination laws, which include sexual orientation and gender identity, as aggravating circumstances in hate crimes. Offices combatting race crimes and hate crimes include in their mandates prosecuting crimes targeting LGBTQI+ individuals because of their sexual orientation or gender identity.

Societal discrimination and harassment against LGBTQI+ individuals, including LGBTQI+ refugees and migrants, remained a concern. Some violent incidents targeting LGBTQI+ individuals were reported. LGBTQI+ community members reported they continued facing hardships and domestic abuse during the COVID-19 pandemic lockdown because they were forced to spend long periods at home with families who were not always accepting of their gender identity.

In 2020 the RVRN recorded 14 attacks based on sexual orientation, 12 based on gender identity, and four on mixed grounds. The attacks because of sexual orientation included verbal and physical assaults. In three cases the survivors were minors. Two of the survivors were targeted for a second time. The gender identity attacks included verbal insults or threats and harassment, and at times violence. The RVRN stated the incidents were unprovoked and based solely on the external appearance and features of the survivors. The RVRN also underscored the increasing number of cyberbullying attacks against LGBTQI+ students because of the COVID-19 pandemic and the shift from in-person to virtual classes. According to information communicated to the RVRN, police recorded 24 incidents in 2020 related to sexual orientation and eight to gender identity.

On June 27, media in Thessaloniki reported that a refugee member of the local LGBTQI+ community, received hospital treatment after a group of approximately 10 individuals physically attacked him and his friends inside a university campus. The perpetrators made homophobic and racist comments and hit them with bottles, punches, and kicks.

Members of the LGBTQI+ community continued to advocate for the right to adopt children by same-sex couples and the legal recognition of children born and raised in same-sex families. On June 28, the NGO Transgender Support Association (SYD) hailed the government’s decision to include transgender individuals as vulnerable and eligible for state budget employment subsidies. On March 16, SYD issued a statement criticizing police and the national defense general staff for barring transgender individuals from joining police academies and the armed forces. Unmarried transgender individuals older than 15 may update documents to reflect their gender identity without undergoing sex reassignment surgery. A judge must validate the change based on the individual’s external appearance. According to SYD, the hearing process does not always have the necessary privacy and dignity for the applicant.

Grenada

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law criminalizes consensual sexual conduct between men and provides penalties of up to 10 years’ imprisonment. The government did not enforce the law. The law makes no provision for sexual conduct between women.

No laws specifically prohibit discrimination in employment, housing, education, health care, access to government services, and essential goods and services against a person based on sexual orientation or gender identity. There were no reports that police or other government agents incited, perpetrated, condoned, or tolerated violence against lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) individuals or those reporting on such abuse. There were also no reports of involuntary or coercive medical or psychological practices specifically targeting LGBTQI+ individuals.

Guatemala

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Extreme violence against LGBTQI+ persons remained a persistent issue and escalated during the year. According to an annual report from the Lambda Association, there were 17 killings of LGBTQI+ persons from January to July in which the violence could plausibly be linked to the victims’ sexual orientation or gender identity. The Lambda Association also reported that most homicides and general crimes of prejudice against LGBTQI+ persons occurred either in the capital, Guatemala City, or in Izabal. In June three of the 17 killed were killed in the span of one week. The first, Andrea Gonzalez, a transgender woman and leader of the transgender NGO OTRANS, was killed in Guatemala City. The second, also a member of OTRANS, Cecy Caricia Ixtapa, was killed in the interior of the country. Government authorities originally reported Ixtapa’s death as caused by complications from cancer, but her family members and members of OTRANS reported she was attacked by two unknown assailants. The third of the June killings was a gay man who was shot and killed in Morales, Izabal.

Openly gay and HIV-positive congressman Aldo Davila reported death threats because of his public denunciations of corrupt officials. The threats often included harassing mentions of his sexual orientation.

According to NGOs that work on gender matters, the government reversed progress in recognition and acceptance of sexual and gender diversity, as evidenced by the minister of education cancelling a public-school module that taught sexual diversity and the increased discrimination against sexual education overall as ordered in the Executive Policy of the Protection of Life and the Family announced by President Giammattei in July.

LGBTQI+ advocates pointed to structural problems that created internal displacement, discrimination, sexual exploitation, and child abuse among members of the community. The largest of these remained government-issued national identification cards that are used to access basic services and education resources but that do not allow transgender persons to receive identification cards with their chosen names or correct gender identification. Without identification that reflected the name and gender under which they lived, transgender persons were denied many government services.

LGBTQI+ groups claimed lesbian, bisexual, and queer women experienced specific forms of discrimination, such as forced marriages and “corrective” rape intended to cause pregnancy, although these incidents were rarely, if ever, reported to authorities.

According to LGBTQI+ activists, gay and transgender individuals often experienced police abuse. LGBTQI+ human rights groups stated, for example, that police regularly engaged in extortion and harassed male and transgender individuals whom they alleged to be sex workers.

Lambda and other LGBTQI+ organizations reported a lack of will on the part of police to investigate fully hate crimes and violence against LGBTQI+ persons. The law does not extend specific antidiscrimination protections to LGBTQI+ individuals based on their sexual orientation, gender identity or expression, or sex characteristics.

There was general societal discrimination against LGBTQI+ persons in access to education, health care, employment, and housing. The government made minimal efforts to address this discrimination.

Guinea

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

LGBTQI+ persons faced arbitrary arrest, violence, and harassment by security forces who accused them of disrupting the social order. LGBTQI+ persons reported being stigmatized by their families and, in many cases, forced into unwanted heterosexual marriages. They were also subject to sexual assault based on their sexual orientation.

The law criminalizes consensual same-sex sexual conduct between adults, which is punishable by three years in prison; however, there were no known prosecutions during the year. The Office for the Protection of Women, Children, and Morals (OPROGEM), a part of the Ministry of Security, includes a unit for investigating morals offenses, including same-sex sexual conduct.

Deep religious and cultural taboos exist against consensual same-sex sexual conduct. Antidiscrimination laws do not apply to LGBTQI+ persons. The Transitional Charter and existing laws do not protect the rights of LGBTQI+ persons. The Transitional Charter describes marriage and the traditional family unit as the foundation of the country’s society. LGBTQI+ persons were subject to employment and housing discrimination. There were no official or NGO reports of discrimination based on sexual orientation or gender identity, although societal stigma likely prevented survivors from reporting abuse or harassment. There were no publicly active LGBTQI+ organizations, although some public health organizations worked to raise sexual health and HIV and AIDS awareness, as well as prevent human rights abuses among vulnerable communities, including the LGBTQI+ community. An association supported by the National AIDS Control Committee and the Global Fund Works provided educational awareness on AIDS prevention and safe sexual practices and antiretroviral treatment distribution, and it advocated for the rights of vulnerable populations, including members of the LGBTQI+ community who continued to hide their status.

Guinea-Bissau

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

No laws criminalize sexual orientation. Antidiscrimination laws do not apply to lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) individuals. No individual cases of violence targeted toward LGBTQI+ individuals were reported.

Guyana

Section 6. Discrimination and Societal Abuses

Haiti

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

There were reports that police condoned violence against lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) individuals. Some LGBTQI+ groups reported police and judicial authorities were inconsistent in their willingness to document or investigate LGBTQI+ persons’ claims of abuse.

No laws criminalize sexual orientation or consensual same-sex conduct between adults, but there are no laws to protect LGBTQI+ persons from discrimination based on sexual orientation or gender identity.

The government’s penal code reforms announced in 2020 and scheduled to enter into force in 2022, offer specific protections to LGBTQI+ persons for the first time. These include making LGBTQI+ persons a protected group and imposing penalties for public agents, persons, and institutions who refuse services on the grounds of someone’s sexual orientation. A backlash against these changes, however, led to calls for a committee to amend the code, thus stalling any government efforts to prepare for the transition. The Ministry of Justice stated that it expected a significant delay in the code’s implementation.

A 2017 study of public opinions on stigma and discrimination towards vulnerable groups showed that 71 percent of the individuals surveyed said “hate” was the most appropriate term to express their attitude toward LGBTQI+ persons, and 90 percent of the adult populations rejected the idea of equal rights for sexual minorities.

Local attitudes, particularly in Port-au-Prince, remained hostile toward LGBTQI+ persons who were public and visible about their sexual orientation or gender identity. Some politicians, social leaders, and organizations actively opposed the social integration of LGBTQI+ persons or any discussion of their rights. LGBTQI+ advocacy groups in Port-au-Prince reported a greater sense of insecurity and less trust of government authorities than did groups in rural areas.

Honduras

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The Cattrachas Lesbian Network reported 17 violent deaths of LGBTQI+ persons as of August. On March 28, transgender activist Vanessa Zuniga was killed in Tela, Atlantida Department. Vanessa worked as a volunteer in the Association for Prevention and Education in Health, Sexuality, AIDS, and Human Rights.

Same-sex sexual activity has been legal since 1899; however, same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples. The law criminalizes discrimination based on sexual orientation and gender identity characteristics and includes crimes committed against individuals because of their sexual orientation or gender identity as aggravating circumstances to increase penalties for criminal offenses. Nevertheless, social discrimination against LGBTQI+ persons persisted, as did physical violence. Impunity for such crimes remained high, as was the impunity rate for all types of crime.

LGBTQI+ rights groups asserted that government agencies and private employers engaged in discriminatory hiring practices. Transgender women were particularly vulnerable to employment and education discrimination; many could find employment only as sex workers, increasing their vulnerability to violence and extortion. Transgender persons are prohibited from changing their legal gender status.

Hong Kong

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

No laws criminalize consensual same-sex sexual conduct between adults. While the SAR has laws that ban discrimination on the grounds of race, sex, disability, and family status, no law prohibits companies or individuals from discriminating on grounds of sexual orientation or gender identity. There are also no laws that specifically aid in the prosecution of bias-motivated crimes against members of the lesbian, gay, bisexual, transgender, queer, or intersex (LGBTQI+) community. Lawmakers expressed both strong support for, and strong opposition to, LGBTQI+ rights. LGBTQI+ activists reported that they considered the courts to be the primary avenue to secure LGBTQI+ rights and viewed the courts as impartial in decisions on LGBTQI+ issues.

Hungary

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Due to last-minute amendments submitted by Fidesz parliamentarians, on June 15 an “antipedophile” law was adopted by parliament that banned the “promotion” and “portrayal” of “gender reassignment” and homosexuality to minors in media, advertisements, and education. Notably, all programs and advertisements deemed to promote or portraying these topics must be rated as not recommended for minors (see section 2.a.). In addition the law limited sexual education in schools, stipulating that only state-registered organizations are allowed to conduct sexual education classes in schools.

In a June 22 joint statement, 17 EU countries characterized the law as a “flagrant form of discrimination based on sexual orientation.” On July 15, the European Commission launched two infringement procedures, one challenging the law, and the second focusing on Hungary’s consumer protection authority’s January decision that ordered the Labrisz Lesbian Association to place a disclaimer on its children’s book, Fairyland Belongs to Everyone, stating that the tales “depict behavior inconsistent with traditional gender roles.” According to the European Commission, this violated the authors’ and publishers’ freedom of expression and “discriminated on grounds of sexual orientation in an unjustified way.” In response, government officials claimed the Commission wanted Hungary to allow LGBTQI+ “activists” and “sexual propagandists” to be present in schools. The government argued that the law did not discriminate against anyone because it “did not affect decisions taken by adults” and that it was a measure to protect children. Human rights groups observed that the prime minister’s July 21 announcement that the country would hold a “child protection referendum” in which the public would vote on aspects of the law led to prolonged, amplified rhetoric against LGBTQI+ groups and individuals during the campaign season. On July 7, a regional government office fined the domestic bookstore chain Lira 250,000 forints ($830) for failing to indicate that a children’s book featuring families with same-sex parents contained “content which deviates from the norm” and for violating rules on unfair commercial practices.

On August 6, the government published a decree that ordered shops selling “products portraying or promoting gender deviating from sex at birth, gender change, homosexuality, or containing explicit depictions of sexuality” aimed at children to display them separately and in “closed packaging.” It also banned the public display of such products and forbade their sale within 660 yards of a school or church. The consumer protection authority was tasked with monitoring compliance of the law.

On March 12, the Constitutional Court declared that the retroactive application of provisions adopted in May 2020 banning legal gender recognition was unconstitutional and could not be applied.

On July 2-3, the Venice Commission, the Council of Europe’s body of constitutional experts, adopted its opinion on constitutional and legislative amendments. Regarding the definition of marriage and family, the Venice Commission stated there was “a real and immediate danger that the amendments would further strengthen the public attitude that nonheterosexual lifestyles are inferior” and could “further fuel a hostile and stigmatizing atmosphere against LGBTQI+ people.” The statement added that the amendment that restricted the recognition of children’s gender to their gender at birth could result in discrimination based on sexual orientation and gender identity.

The law prohibits discrimination based on sexual orientation. In addition the law prohibits certain forms of hate speech and prescribes increased punishment for violence against members of the LGBTQI+ community. Victims of discrimination had a wide choice of remedies, including a procedure by a designated government institution (office of the commissioner for fundamental rights), enforcement of personality rights via civil court procedure, and sectoral remedies in media law. Only the civil procedure allows for the awarding of pecuniary and nonpecuniary damages. The Constitutional Court also offers possibilities to challenge allegedly discriminatory legislation. As of January 1, the office of the ombudsperson assumed the tasks of the abolished Equal Treatment Authority, which, before its abolishment, had been viewed by LGBTQI+ groups as one of the few remaining public bodies that delivered decisions against discrimination based on sexual orientation and gender identity.

Iceland

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

While the constitution does not specifically prohibit discrimination based on sexual orientation or gender identity, it does so implicitly. The law prohibits anyone from denying a person goods or services based on that person’s sexual orientation or gender identity. It also prohibits denying a person access to a public meeting place or other places open to the public on the same footing with others on grounds of that person’s sexual orientation or gender identity. The law further prohibits incitement to hatred against persons based on sexual orientation or gender identity and the dissemination of hateful material.

In January the Gender Autonomy Act (passed in 2019) went into effect. Within the first week, 12 persons registered to change their legal gender to nonbinary.

Lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) activists reported generally positive conditions. Nevertheless, the same activists continued to note the lack of explicit protections for LGBTQI+ individuals based on sexual orientation, gender identity or expression, or sex characteristics, in hate crime laws.

India

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

NGO activists reported heightened discrimination and violence against the lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) community in the eastern area of the country during the COVID-19 lockdown.

LGBTQI+ persons faced physical attacks, and rape. LGBTQI+ groups reported they experienced widespread societal discrimination and violence, particularly in rural areas. Activists reported that transgender persons continued to face difficulty obtaining medical treatment. Some police officers committed crimes against LGBTQI+ persons and used the threat of arrest to coerce victims not to report the incidents. With the aid of NGOs, several states offered education and sensitivity training to police.

In June the Madras High Court ordered the state and union governments to draw up plans for reforms that protect sexual orientation and gender identity rights. The High Court recommended awareness training for government officials and police, separate housing for gender-nonconforming and transgender persons in prison, revocation of licenses from doctors who claim “cures” for homosexuality, and gender-neutral bathrooms at school and colleges.

On June 13, the Odisha state government began recruitment for police positions of candidates who self-identified as transgender. A Bhubaneswar-based transgender activist welcomed the move as one of the several protransgender policy decisions taken by the Odisha government in recent years.

On July 6, the Karnataka state government amended its civil services rules to enable a 1 percent quota of government jobs for transgender individuals to be filled through direct recruitment.

Indonesia

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

No national law criminalizes same-sex sexual conduct, except between adults and minors. NGOs reported numerous cases of local government regulations that define same-sex sexual conduct as a form of sexual deviance. Aceh’s sharia makes consensual same-sex sexual conduct illegal and punishable by a maximum of 100 lashes, a considerable fine, or a 100-month prison term. According to Aceh’s sharia agency chief, at least four witnesses must observe individuals engaging in consensual same-sex sexual conduct for them to be charged. Local organizations held anti-LGBTQI+ protests. NGOs reported that fear of prosecution under Aceh’s sharia at times caused LGBTQI+ activists to flee the province, sometimes permanently. Producing media depicting consensual same-sex sexual conduct – vaguely and broadly defined in the law – can be prosecuted as a crime under the antipornography act. Penalties include potentially extremely large fines and imprisonment from six months to 15 years, with heavier penalties for crimes involving minors.

In August a military tribunal in North Kalimantan dismissed a soldier from service and sentenced him to seven months in prison for having same-sex intercourse. The judges stated that the soldier had violated military regulations against immorality and LGBTQI+ activities.

Antidiscrimination law does not protect LGBTQI+ individuals, and discrimination and violence against LGBTQI+ persons continued. Families often put LGBTQI+ minors into conversion therapy, confined them to their homes, or pressured them to marry persons of the opposite sex.

According to media and NGO reports, local authorities harassed transgender persons, including by forcing them to conform to cultural standards of behavior associated with their biological sex or to pay bribes following detention. In many cases, officials failed to protect LGBTQI+ persons from societal abuse. Police corruption, bias, and violence caused LGBTQI+ persons to avoid interaction with police. Officials often ignored formal complaints by victims and affected persons, including refusing to investigate bullying directed at LGBTQI+ individuals. In criminal cases with LGBTQI+ victims, police investigated the cases reasonably well, as long as the suspect was not affiliated with police. Human Rights Watch Indonesia noted anti-LGBTQI+ rhetoric in the country has increased since 2016.

In 2020 Hendrika Mayora Kelan was elected to head of the consultative body of a small village in East Nusa Tenggara Province, becoming the country’s first transgender public official.

Transgender persons faced discrimination in employment and access to public services and health care. NGOs documented government officials’ refusal to issue identity cards to transgender persons. NGOs reported that transgender individuals sometimes faced problems in getting COVID-19 vaccinations due to the lack of identity documents. The law only allows transgender individuals officially to change their gender after the completion of sex reassignment surgery. Some observers claimed the process was cumbersome and degrading because it is permissible only in certain undefined special circumstances and requires a court order declaring that the surgery is complete. In June the Ministry of Home Affairs announced that it would start providing electronic identity cards to transgender individuals; however, the name and gender on the card would remain those given at birth, absent a court order showing a change of name or gender.

LGBTQI+ NGOs operated but frequently held low-key public events because the licenses or permits required for holding registered events were difficult to obtain or they were pressured by police not to hold such events to avoid creating “social unrest.”

Iran

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law criminalizes consensual same-sex sexual activity, which is punishable by death, flogging, or a lesser punishment.  The law does not distinguish between consensual and nonconsensual same-sex intercourse, and NGOs reported this lack of clarity led to both the victim and the perpetrator being held criminally liable under the law in cases of assault.  The law does not prohibit discrimination based on sexual orientation and gender identity.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

While few details were available for specific cases, lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) activists expressed concern that the government executed LGBTQI+ individuals under the pretext of more severe, and possibly specious, criminal charges such as rape. Security forces harassed, arrested, and detained individuals they suspected of being LGBTQI+. In some cases security forces raided houses and monitored internet sites for information on LGBTQI+ persons. Those accused of “sodomy” often faced summary trials, and evidentiary standards were not always met. The Iranian Lesbian and Transgender Network (6Rang) noted that individuals arrested under such conditions were traditionally subjected to forced anal or sodomy examinations – which the United Nations and World Health Organization stated may constitute torture – and other degrading treatment and sexual insults. Punishment for same-sex sexual activity between men was more severe than between women.

According to Amnesty International, on May 4, 20-year-old Alireza Fazeli Monfared, who identified as a nonbinary gay man, was abducted by male relatives in his hometown of Ahwaz in Khuzestan Province. The next day these men reportedly told Monfared’s mother they had killed him and dumped his body under a tree. Authorities confirmed his throat was slit and announced an investigation; however, according to Amnesty International in September, none of the suspected perpetrators had been arrested.

According to an August factsheet by CHRI, a 2020 survey by 6Rang of more than 200 individuals living in the country and identifying as LGBTQI+ found that 46 percent reported being victims of sexual violence at their school or university, 49 percent reported being victims of sexual violence by their peers, and more than 52 percent reported being victims of sexual violence in public spaces. Anonymous respondents reported being beaten, detained, and flogged by security authorities.

The government censored all materials related to LGBTQI+ status or conduct. Authorities particularly blocked websites or content within sites that discussed LGBTQI+ issues, including the censorship of Wikipedia pages defining LGBTQI+ and other related topics. There were active, unregistered LGBTQI+ NGOs and activists in the country.

In 2019 a revolutionary court sentenced Rezvaneh Mohammadi, a gender-equality activist, to five years in prison. According to CHRI, authorities arrested Mohammadi in 2018 and held her in solitary confinement for several weeks at Evin Prison, where they pressured her, including via threat of rape, to confess to receiving money to overthrow the government. Mohammadi was reportedly freed on bail.

Hate-crime laws or other criminal justice mechanisms do not exist to aid in the prosecution of bias-motivated crimes.

The law requires all male citizens older than age 18 to serve in the military but exempts gay men and transgender women, who are classified as having mental disorders. Military identity cards list the subsection of the law dictating the exemption. According to 6Rang, this practice identified gay or transgender individuals and put them at risk of physical abuse and discrimination.

While LGBTQI+ status and conduct are criminalized, many clerics believed that LGBTQI+ persons were trapped in a body of the wrong sex, and NGOs reported that authorities pressured LGBTQI+ persons to undergo gender reassignment surgery. Reports indicated these procedures disregarded psychological and physical health and that many persons recommended for surgery did not identify as transgender but were forced to comply to avoid punishment for their LGBTQI+ identity. According to a July 2020 report by 6Rang, the number of private and semigovernmental psychological and psychiatric clinics allegedly engaging in “corrective treatment” or reparative therapies of LGBTQI+ persons continued to grow. The NGO 6Rang reported the increased use at such clinics of electric shock therapy to the hands and genitals of LGBTQI+ persons, prescription of psychoactive medication, hypnosis, and coercive masturbation to pictures of persons of the opposite sex. According to 6Rang, one such institution was called the Anonymous Sex Addicts Association of Iran, with branches in 18 provinces.

Iraq

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The penal code criminalizes consensual same-sex conduct if those engaging in the conduct are younger than age 18, while it does not criminalize any same-sex activities among adults. Despite repeated threats and violence targeting lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) individuals, specifically gay men, the government failed to identify, arrest, or prosecute attackers or to protect targeted individuals. Some political parties sought to justify these attacks, and investigators often refused to employ proper investigation procedures. LGBTQI+ individuals also faced intimidation, threats, violence, and discrimination, and LGBTQI+ individuals reported they could not live openly without fear of violence at the hands of family members, acquaintances, or strangers.

In June a transgender woman named Misho, also known as Shakib, disappeared in Sidakan while attempting to retrieve documents from her father to renew her passport. NGO contacts reported her father and brother killed Misho, but the KRG was still investigating the case and no arrest warrants had been issued as of December 22. Security forces launched an operation to arrest “suspected” LGBTQI+ individuals in the city of Sulaymaniyah. Operation supervisor Pshtiwan Bahadin told local media that security forces arrested those they suspected to be LGBTQI+ for immorality and used derogatory terms to describe the community. The KRG subsequently put out a statement denying that LGBTQI+ persons were targeted and stated security forces were breaking up commercial sex rings.

According to NGOs, persons in the country who experienced severe discrimination, torture, physical injury, and the threat of death based on real or perceived sexual orientation, gender identity and expression, and sex characteristics had no recourse to challenge those actions via courts or government institutions. During the year the IKR NGO Rasan faced three lawsuits, including one brought by Sulaymaniyah officials of the KRG Directorate of NGOs, which alleged Rasan violated the terms of the NGO bylaws and its registration (to work on gender-based violence and women’s matters) by providing services to and advocacy for LGBTQI+ individuals. A decision remained pending at year’s end.

Ireland

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law prohibits discrimination based on sexual orientation in employment, goods, services, and education. The law does not include gender identity as an explicit category, but the courts have interpreted the law as prohibiting discrimination against transgender persons. The government enforced the law when violations were reported.

Israel, West Bank and Gaza

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law prohibits discrimination based on sexual orientation, including in goods, services, and employment. The government generally enforced the law, although some discrimination, including in employment and housing, persisted against LGBTQI+ persons. Intersex, transgender, and other gender diverse persons lack protections from discrimination based on gender identity, expression, and sex characteristics.

On March 23, Avi Maoz, the head of the Noam Party which ran on an anti-LGBTQI+ platform, was elected to the Knesset as a part of the Religious Zionist Party. On August 2, Maoz compared homosexuality to pedophilia. On August 4, Religious Zionist head Bezalel Smotrich stated a pride parade caused the country’s fourth wave of COVID-19. The Ministry of Education rejected his statement, and Minister of Health Nitzan Horowitz referred to the statement as a combination of ignorance, populism, frustration, and hate.

Some violent incidents against LGBTQI+ individuals during the year led to arrests and police investigations. For example, on April 4, a group of 15 youth attacked a man in Rishon LeZion after asking him if he was gay. They punched and kicked him until he was rescued by a taxi driver, who took him to his friend’s car. The group then vandalized and caused damage to the car. Police detained and released two individuals as a part of their investigation. As of the year’s end, there were no indictments in the case.

On August 8, two siblings were charged with attempted murder and conspiracy to commit murder as a part of a plea bargain after stabbing their 16-year-old brother outside an LGBTQI+ youth shelter in 2019 due to his sexual orientation. They were sentenced to 14 years’ and six years’ imprisonment, a fine, and payment of compensation to the survivor. A third individual, a friend of the siblings, was convicted of aiding and abetting the crime and sentenced to five-and-a-half years’ imprisonment, a fine, and payment of compensation to the survivor.

On August 10, the Tel Aviv District Court ordered the release of an ultra-Orthodox minor from a psychiatric ward on the grounds that his family had pushed for his forced hospitalization due to his perceived sexual orientation. The family initially argued that the minor was aggressive and threatening but during the appeal, which was submitted by the minor with the assistance of the Ministry of Justice, retracted this statement. The court ruled a major reason for the hospitalization was the clash due to the parent’s values regarding the minor’s homosexuality and added that sexual orientation does not justify forced hospitalization.

Conversion therapy took place mainly within Jewish and Muslim religious communities. The law allows for conversion therapy, but the Ministry of Health has warned the public against it, and Israeli mental health associations considered it an ethical and professional offense.

On June 29, the head of the Mitzpe Ramon local council published a letter indicating his opposition to holding the city’s first pride parade. He wrote that he did not recognize the pride flag and refused to refer to LGBTQI+ persons as a community, only as individuals who are not ordinary who should not “externalize their sexual orientation.” He speculated that the real goal of the community wasn’t to legitimize same-sex attraction but rather to “break the social solidarity while challenging norms that bring society together – religion, nationality, and family.” In place of a pride parade, the LGBTQI+ community held a demonstration in Mitzpe Ramon that was attended by hundreds.

Italy

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

NGOs advocating for the rights of lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons reported instances of societal violence, discrimination, and hate speech. The website Gay.it received 70 reports of discrimination against gay men between January and July compared with 64 registered in 2020.

The press reported isolated cases of violence against LGBTQI+ individuals. On May 24, a Milan court sentenced a former banker to 18 years in prison for killing a transgender escort from Brazil. When LGBTQI+ persons reported crimes, authorities consistently investigated them but in some cases failed to identify the perpetrators.

Jamaica

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law criminalizes consensual sexual conduct between men, with penalties of up to 10 years in prison with hard labor. Attempted sexual conduct between men is criminalized, with penalties up to seven years in prison. Physical intimacy, or the solicitation of such intimacy, between men, in public or private, is punishable by two years in prison under gross indecency laws. There is no comprehensive antidiscrimination legislation protecting the rights of LGBTQI+ persons.

The government generally only enforced the law that criminalizes same-sex sexual relations in cases of sexual assault and child molestation. The government does not provide information as to whether the government prosecuted consensual sexual conduct between men. The legal definitions of rape and buggery (anal sex) create a phenomenon where, under certain circumstances, segments of the population have unequal legal protection from sexual assault. For example, a man who sexually assaults a woman through penile penetration of the vagina is punishable by 15 years to life in prison. This same act committed through anal penetration of a woman, child, or man is punishable by only up to 10 years in prison. Local human rights advocates contended this was unequal protection under the law.

The law does not extend antidiscrimination protections based on sexual orientation, gender identity, gender expression, or sex characteristics. The Inter-American Commission on Human Rights stated the law legitimizes violence towards LGBTQI+ persons.

The NGO J-FLAG (formerly Jamaica Forum for Lesbians, All-Sexuals, and Gays) reported that it received a similar number of cases of discrimination based on sex, sexual orientation, and gender identity against LGBTQI+ individuals during the year, compared with previous years. Many of the cases reported during the year occurred in prior years. Underreporting was a problem, since many of those who made reports were reluctant to go to police due to fear of discrimination or police inaction. A local NGO reported that officials within the government, including police, had improved their response to LGBTQI+ rights violations.

Japan

Section 6. Discrimination and Societal Abuses

Discrimination based on race, ethnicity, nationality, sexual orientation, or gender identity is not prohibited.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

No law prohibits discrimination based on sexual orientation or gender identity, and there are no penalties associated with such discrimination. In April, however, Mie became the country’s first prefecture to implement an ordinance to prohibit forcing lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons to disclose their sexual orientation or gender identity and to ban disclosure of their sexual orientation or gender identity without their consent. The ordinance, however, has no penalties nor a remedy mechanism for abuses. LGBTQI+ advocacy organizations reported instances of discrimination, outing, bullying, harassment, and violence.

The LDP failed to advance a bill to promote greater understanding of the LGBTQI+ community due to strong opposition from influential party members to including the phrase “discrimination is unacceptable.” In May, LDP Lower House Member Yana Kazuo reportedly claimed that sexual minorities were “resisting the preservation of the species that occurs naturally in biological terms.”

All new textbooks included extensive information about LGBTQI+ and gender issues across nine subjects.

The law requires transgender persons to be without reproductive capacity, effectively requiring surgical sterilization for most persons to have their gender identity legally recognized. They also must meet additional conditions, including undergoing a psychiatric evaluation and receiving a diagnosis of “gender identity disorder,” a disorder not recognized in the International Classification of Diseases; being unmarried and older than age 20; and not having any children younger than age 20. If the conditions are met, pending approval by a family court, their gender can be recognized.

In 2019 (most recent available data), 948 individuals officially registered a new gender, the highest number since it was allowed in 2004, according to the Supreme Court. Advocates, however, continued to voice concern about discrimination and the strict conditions required for persons to change their sex in family registries.

In May the Tokyo High Court ruled that it was acceptable for the Ministry of Economy, Trade, and Industry to restrict the use of women’s bathrooms by a transgender official, overturning a lower court ruling. The official has been diagnosed with gender-identity disorder but was still registered as male in her family registry. The official also claimed the ministry told persons at her workplace about her gender-identity disorder without her approval. The court ordered the state to pay 110,000 yen ($1,010) in damages for psychological pain caused by inappropriate remarks made by the person’s superiors.

In November 2020 the Tokyo High Court dismissed an appeal for damages from the parents of a student who fell from a school building in 2015 after his classmates disclosed he was gay; however, the court ruled that revealing the student’s sexual orientation was illegal.

According to a survey of more than 10,000 LGBTQI+ individuals, 38 percent reported being sexually harassed or assaulted. One respondent, a transgender man, reported that after being sexually assaulted by a man, he was subsequently refused help by a sexual violence counseling center and turned away by police when trying to file a report. The Ministry of Justice received 15 inquiries about potential human rights abuses based on sexual orientation and gender identity in 2020, providing the inquirers with legal advice.

Stigma surrounding LGBTQI+ persons remained an impediment to self-reporting of discrimination or abuse.

There is one openly LGBTQI+ national legislator, a member of the Constitutional Democratic Party of Japan.

Jordan

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

While consensual same-sex sexual conduct among adults is not criminalized, societal discrimination against LGBTQI+ persons was prevalent. According to a security official, these relationships were largely seen as “unacceptable by Jordan’s conservative society.” LGBTQI+ persons were frequently targets of violence and abuse, including rape, with little legal recourse against perpetrators. Transgender individuals were especially vulnerable to acts of violence and sexual assault, and authorities provided them with no legal protection. Local activists reported a significant increase in the number of cases of LGBTQI+ individuals seeking support or reporting domestic violence during COVID-related lockdowns.

The law does not prohibit discrimination against LGBTQI+ individuals. LGBTQI+ community leaders reported that most LGBTQI+ individuals kept their sexual orientation or gender identity secret due to fear of societal or government discrimination. LGBTQI+ individuals reported their reluctance to engage the legal system due to fear their sexual orientation or gender identity would provoke hostile reactions from police, disadvantage them in court, or be used to shame them or their families publicly. Some LGBTQI+ individuals reported that authorities responded appropriately to reports of crime in some cases.

Authorities arrested LGBTQI+ individuals on the pretext of violating public order or public decency ordinances. LGBTQI+ citizens faced regular administrative or arbitrary detentions, harassment including informal interrogation, and monitoring from state actors. During the year authorities shut down at least two events associated with the LGBTQI+ community and arrested participants under public decency laws. Activists planned a virtual event in mid-June to discuss the rights of LGBTQI+ persons. A member of parliament declared the event contradictory to the country’s values and traditions, referred to LGBTQI+ persons using denigrating terminology, and alerted the Ministry of Interior, which subsequently shut down the virtual event. Authorities also arrested 14 individuals in July during an LGBTQI+ gathering at a private residence after monitoring their social media pages.

Members of the LGBTQI+ community confirmed they generally lacked safe spaces and reported being targeted by the police upon leaving any of the few associated with the community. In July an NGO reported police detained 30 visitors at the NGO’s center on suspicion of “Satan worship,” a justification sometimes used to harass LGBTQI+ persons, according to NGO representatives. Authorities later claimed the NGO conducted “public LGBTQI+ activities.” Police released 12 individuals within 24 hours of the incident and released the remaining 18 within days. None of the individuals were officially charged.

LGBTQI+ persons reported discrimination in housing, employment, education, and access to public services. Individuals have reported being fired from jobs or denied professional opportunities because of their LGBTQI+ identity. Some experienced extortion and threats of being fired, disinherited, disowned, arrested, or prosecuted. Several LGBTQI+ individuals found it impossible to live in the country due to their LGBTQI+ identity and therefore left the country or were in the process of doing so. Many feared for their lives or abuse at the hands of family members or authorities. Parents were customarily allowed to request informal “warrants” from security services for children, including adult-age children, to suspend their movement inside the country, prevent travel abroad, or require authorities to forcibly return them to family custody, even if family members had previously threatened that person’s life. In cosmopolitan circles, a “don’t ask, don’t tell” policy loosely allowed LGBTQI+ individuals to socialize discreetly. LGBTQI+ members of the growing working classes and refugee communities were more vulnerable to police harassment and assault with impunity than individuals who belonged to politically connected families or to tribes the authorities were hesitant to harass.

Relatively few shelters accepted LGBTQI+ cases, and the facilities and NGOs that served the community lacked sufficient funding and services.

Open discussion of LGBTQI+ individuals and topics was controversial due to a generally traditional culture among all citizens, regardless of faith. The Media Commission banned books and blocked websites containing LGBTQI+ content. Government regulations on NGO registration and foreign funding largely prevented civil society groups from working on activities with perceived links to the LGBTQI+ community.

Kazakhstan

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

There were reports of anti-LGBTQI+ violence, but there were no government statistics on discrimination or violence based on sexual orientation or gender identity. The most frequent forms of abuse were verbal insults, harassment, interference in private life, and physical assaults. Activists reported that beating, extortion, and harassment of LGBTQI+ individuals were not uncommon, although typically unreported.

Prosecutions of anti-LGBTQI+ violence were rare. NGOs reported members of the LGBTQI+ community seldom turned to law enforcement agencies to report violence against them because they feared hostility, ridicule, and further violence. They were reluctant to use mechanisms such as the national commissioner for human rights to seek remedies for harms inflicted because they did not trust these mechanisms to safeguard their identities, especially regarding employment.

On May 29 and July 29, training events related to LGBTQI+ rights conducted by the NGO Feminita were disrupted by aggressive groups of men in Shymkent and Karaganda, respectively. In both cases police removed the activists from their rented private meeting space, ostensibly to protect them from further violence. Feminita posted a video on social media of police pulling one Feminita member by the hair into an unmarked police car in Skymkent. In both cases Feminita activists reported that police treated them not as victims but as criminal suspects. No members of the mob that disrupted the training sessions were arrested or charged in either city.

Human rights activists reported that the COVID-19 pandemic situation also impacted LGBTQI+ communities negatively. At home more often due to public health restrictions, LGBTQI+ persons often endured stress and abuse from family members who disapproved of their status. Transgender persons were vulnerable to abuse during security checks by police patrols due to their lack of appropriate identification. Transgender persons were among the first whom employers dismissed from jobs because they often worked without official contracts. Due to their lack of appropriate documentation and contracts, transgender persons were often not eligible for relief programs offered by the government to support needy individuals.

Although a process for gender reassignment exists, the law requires a transgender person to fulfill psychiatric and physical requirements (such as undergoing gender reassignment surgery) before being able to receive identity documents that align with the person’s outward gender. Many individuals lived with nonconforming documents for years and reported problems with securing employment, housing, and health care. The law includes behavioral disorders as reasons for denial of gender reassignment, which expanded the categories of persons who could be denied such treatments.

Kenya

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The penal code criminalizes “carnal knowledge against the order of nature,” which was interpreted to prohibit consensual same-sex sexual conduct and specifies a maximum penalty of 14 years’ imprisonment if convicted, and seven years for “attempting” said conduct. The law also criminalizes acts of “gross indecency” between men, whether in public or in private, with five years’ imprisonment. Police detained persons under these laws, particularly persons suspected of prostitution, but released them shortly afterward.

In 2016 LGBTQI+ activists filed two petitions challenging the constitutionality of these penal codes. In 2019 the High Court issued a unanimous ruling upholding the laws criminalizing homosexuality, citing insufficient evidence they violate LGBTQI+ rights and claiming repealing the law would contradict the constitution that stipulates marriage is between a man and woman. The LGBTQI+ community filed an appeal against this ruling and received favorable decisions on a handful of procedural matters but was awaiting a substantive hearing at year’s end. After filing this case, the LGBTQI+ community experienced increased ostracism and harassment, according to activist groups.

LGBTQI+ organizations reported police more frequently used public-order laws (for example, disturbing the peace) than same-sex legislation to arrest LGBTQI+ individuals. NGOs reported police frequently harassed, intimidated, or physically abused LGBTQI+ individuals in custody. They also reported police threatened homosexual men with forced anal examinations while in custody, which were outlawed in 2018.

Authorities permitted LGBTQI+ advocacy organizations to register and conduct activities.

The constitution does not explicitly protect LGBTQI+ persons from discrimination based on sexual orientation or gender identity. Violence and discrimination against LGBTQI+ individuals were widespread. LGBTQI+ rights organizations reported an increase in conversion therapy and practices. It attributed this increase to the fact many LGBTQI+ persons had returned to hostile home and community environments after losing their jobs because of the economic downturn caused by the COVID-19 pandemic. Some LGBTQI+ groups also reported an increase in abuses cases against LGBTQI+ persons during the pandemic. They attributed this rise to increased scrutiny of LGBTQI+ persons’ lifestyles because of COVID-19-related lockdown and curfew orders. In May human rights defender and HAPA Kenya paralegal Joash Mosoti was allegedly tortured and killed at his home in Mombasa.

In September the Kenya Film Classification Board banned the film I am Samuel for attempting to “promote same-sex marriage agenda as an acceptable way of life.” The board claimed the film violated Article 165 of the penal code, which outlaws homosexuality, as well as provisions of the Films and Stage Plays Act.

Although the country grants refugee status to persons whose persecution is due to sexual orientation or gender expression, some LGBTQI+ refugees continued to face stigma and discrimination. They were often compelled to hide their sexual orientation or gender identity to protect themselves, especially among Somali refugee communities in Dadaab. National organizations working with LGBTQI+ persons offered support to refugees who were LGBTQI+, including access to safety networks and specialized health facilities.

There were approximately 1,000 LGBTQI+ refugees in the country, including approximately 300 in Kakuma, where there were reports of violence and intimidation against LGBTQI+ refugees during the year. An arson attack by unknown perpetrators in March led to the death of one LGBTQI+ refugee in April. UNHCR and NGO partners provided medical and other assistance for LGBTQI+ refugees when necessary, but legal accountability for perpetrators was lacking. In March UNHCR released a statement outlining efforts in collaboration with police and the Refugee Affairs Secretariat to enhance security for LGBTQI+ refugees, including the relocation of some particularly vulnerable individuals.

Kiribati

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Consensual sexual conduct between men is illegal, with penalties from five to 14 years’ imprisonment depending on the nature of the offense, but there have been no reports of prosecutions under these provisions for many years. No law specifically prohibits discrimination based on sexual orientation or gender identity in housing, employment, nationality laws, or access to government services such as health care.

There were no reports of investigations into violence and abuse against persons based on sexual orientation or gender identity, but social stigma and the inaccessibility of government services may prevent reporting of incidents of discrimination or violence based on sexual orientation or gender identity.

Kosovo

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The constitution and law prohibit discrimination based on sexual orientation and gender identity in the “public and private spheres of social life, including political and public life, employment, education, health, economy, social benefits, sports, culture and other areas.” When the motivation for a crime is based on gender, sexual orientation, or perceived affinity of the victim with persons who are targets of such hostility, the law considers motivation to be an aggravating circumstance.

According to human rights NGOs, the lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) community faced overt discrimination in employment, housing, determination of statelessness, and access to education and health care.

The NGO Center for Equality and Liberty reported that societal pressure persuaded most LGBTQI+ persons to conceal their sexual orientation or gender identity. The center also noted increased homophobic public reactions in social media since the introduction of country-wide measures against the COVID-19 pandemic.

During the year, three cases of violence targeting LGBTQI+ were reported to the Kosovo Police and subsequently referred to the Prosecutor’s Office. Two were registered as incitement of hatred, discord, and intolerance based on religious, racial, or ethnic grounds, and one was registered as an incitement of threat. In May an unidentified individual threatened the life of LGBTQI+ activist Lend Mustafa in Pristina’s main square. Mustafa reported the unknown individual spat at him and shouted threats to kill him. Although police initiated an investigation, no charges had been filed as of December.

Police were inclusive and accepting of LGBTQI+ and other minority communities in their public messaging, and senior police officials participated in the annual pride parade. Pristina municipality established a drop-in center in 2020 and allocated funding for construction of the first-ever shelter for at-risk LGBTQI+ persons during the year.

In 2019 the appeals court upheld a basic court ruling permitting the change of the sex marker on identity documents from female to male for a citizen living abroad. In total, two citizens have changed their identity documents following lengthy court procedures, while four citizens’ requests for change of identity documents have not been resolved. The government requires transgender persons to undergo mandatory sterilization before changing their gender marker.

Kuwait

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Police incited, perpetrated, condoned, and tolerated violence against LGBTQI+ individuals. Transgender persons reported cases of repeated harassment, detention, abuse, and rape by police, who blackmailed and raped them without fear of reprisal. Consensual same-sex sexual conduct between men and imitating the appearance of a member of the opposite sex are illegal. The law criminalizes consensual same-sex sexual activity between men older than age 21 with imprisonment of up of to seven years; those engaging in consensual same-sex sexual activity with men younger than age 21 may be imprisoned for up to 10 years. No laws criminalize same-sex sexual activity between women. The law criminalizes and imposes a fine and imprisonment for one-to-three years for persons imitating the appearance of the opposite sex in public. These penalties were enforced.

The Criminal Court sentenced a transgender woman, Maha al-Mutairi, to prison for two years and fined her 1,000 dinars ($3,315) in October for “imitating the opposite sex” in her online activities and for “misusing phone communication.” In June 2020 al-Mutairi asserted on social media that she was targeted by police based on her gender identity and she was sexually assaulted and raped by police officers. Authorities held al-Mutairi in solitary confinement at the central prison for men. In late November the Court of Appeals issued an amended verdict sentencing al-Mutairi to one month in prison and a fine of approximately 500 dinars ($1,650). Since al-Mutairi had been imprisoned since October, she was released for completing the one-month sentence in late November. Societal discrimination and harassment based on sexual orientation and gender identity occurred. Officials practiced such discrimination, usually upon discovering that a person stopped for a traffic violation did not appear to be the gender indicated on the identification card.

No registered NGOs focused on LGBTQI+ matters, although unregistered ones existed. Due to social convention and potential repression, LGBTQI+ organizations neither operated openly nor held LGBTQI+ human rights advocacy events or Pride marches.

Kyrgyzstan

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The country does not criminalize consensual same-sex sexual conduct between adults or speech that supports LGBTQI+ issues. LGBTQI+ persons whose sexual orientation or gender identity was publicly known risked physical and verbal abuse, possible loss of employment, and unwanted attention from police and other authorities. Inmates and officials often openly victimized incarcerated gay men. Forced marriages of lesbians and bisexual women to men also occurred. The Labrys Public Foundation noted the continued practice of “corrective rape” of lesbians to “cure” their LGBTQI+ status. LGBTQI+ NGOs reported harassment and continuing surveillance of their workers and offices by security services. One LGBTQI+ NGO reported an office break-in. The same NGO reported that the personal information of its staff, including sexual orientation and gender identity, was published.

In 2014 HRW released a report based on interviews with 40 LGBTQI+ persons chronicling instances of official extortion, beatings, and sexual assault. The report described in detail how police patrolling parks and bars frequented by gay men would threaten them with violence and arrest or threaten to reveal their homosexuality to their families if they did not pay bribes. These practices, according to representatives of the LGBTQI+ community, continued during the year. NGO leaders in the southern part of the country reported an even greater threat. During the year members of the LGBTQI+ community reported that authorities regularly monitored chatrooms and dating sites to punish and extort those who were seeking homosexual sex through online venues.

A LGBTQI+ NGO reported that the parents of a bisexual 19-year-old girl attempted to force her to marry a man and held her against her will when she refused. She managed to escape and went to a shelter, but her parents reported her missing to the police and the police returned her to her parents.

Laos

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

No law prohibits discrimination based on sexual orientation or gender identity in housing, employment, or government services. There were no official reports of discrimination, but observers said societal stigma and concern about repercussions led some to withhold reporting incidents of abuse.

There were no legal impediments to organized lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) groups or activities, but local activists reported they did not attempt to hold activities they believed the government would deem sensitive or controversial.

Some societal discrimination in employment and housing reportedly persisted; there were no government efforts to address it. Local activists explained that most openly LGBTQI+ persons did not attempt to apply for government or high-level private-sector jobs because there was tacit recognition that employers would not hire them. LGBTQI+ advocates said that while the country still had a conservative and traditional society, gay and lesbian persons were becoming more integrated, although the transgender population continued to face high levels of societal stigma and discrimination.

Latvia

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

NGOs stated that instances of violence and other abuses based on sexual orientation or gender identity tended to be underreported, and that they observed a rise in online hate speech against the lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) community during the COVID-19 pandemic. ECRI noted in 2019 that the government did not collect data regarding sexual orientation and gender identity and thus could not accurately assess the magnitude of the problem or need for specialized services. Through August the ombudsman received four complaints regarding discrimination based on sexual orientation.

NGOs reported widespread stigmatization of, intolerance of, and discrimination against LGBTQI+ persons. NGOs reported an improved relationship with the Ministry of Interior given the new focus on countering anti-LGBTQI+ discrimination following the ministry’s leadership change. They reported improvements in cooperation both with the ombudsman and the State Police since police established a specific point of contact within the department for NGOs seeking urgent assistance.

The law requires transgender persons to be sterilized before their gender identity is legally recognized.

The law prohibits discrimination based on sexual orientation or gender identity. Authorities generally enforced the law. NGOs expressed concern regarding the lack of explicit protection in the law against incitement to hatred and violence on grounds of sexual orientation and gender identity.

On April 9, the Constitutional Court abolished the rule that requires a partner in a same-sex family to pay a higher state fee for the inheritance of their deceased partner’s estate than heterosexual spouses.

On December 10, the Supreme Court overturned an administrative court’s refusal of a same-sex couple’s application for “family” benefits and ordered a retrial to establish whether denying the couple familial status violated their rights under Article 110 of the constitution, which says that the state “shall protect and support…the family, the rights of the parents, and the rights of the child.” The ruling created a new possibility for same-sex partners to receive social services and economic benefits as a family through a court decision rather than by legislation.

Lebanon

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law prohibits “sexual intercourse against nature” and effectively criminalizes consensual same-sex sexual conduct between adults. Due to recent legal decisions, some government and judicial officials, along with NGOs and legal experts, question whether same-sex sexual conduct actually fits that legal definition. The law was occasionally enforced in civilian and military courts, and it carries a penalty of up to one year in prison.

No provisions of law provide antidiscrimination protections to LGBTQI+ persons based on their sexual orientation, gender identity or expression, or sex characteristics. NGOs continued to report employment discrimination faced by transgender women due to the inconsistency between official documentation and gender self-presentation.

NGOs stated that official and societal discrimination against LGBTQI+ persons persisted. Observers received reports from LGBTQI+ refugees of physical abuse by local gangs, which the victims did not report to the ISF. Observers referred victims to UNHCR-sponsored protective services.

During the COVID-19 pandemic, NGOs noted that the government-enforced lockdown posed increased risks to the LGBTQI+ community, which depended on community centers, tight social networks, and NGOs for emotional and financial support. NGOs also reported that the August 2020 Beirut port explosion destroyed areas frequented and inhabited by LGBTQI+ members, which severely impacted their livelihoods and well-being.

The DGS continued to maintain a travel ban on foreign attendees of the Networking, Exchange, Development, Wellness, and Achievement (NEDWA) sexual health conference, which was organized by LGBTQI+ rights NGO Arab Foundation for Freedoms and Equality (AFE). Starting in 2019 this conference was relocated outside of the country due to security concerns following DGS and other agencies’ threats to expose attendees from LGBTQI+-hostile countries to their governments.

The government did not collect information on official or private discrimination in employment, occupation, housing, statelessness, or lack of access to education or health care based on sexual orientation or gender identity. Individuals who faced problems were reluctant to report incidents due to fear of additional discrimination or reprisal. There were no government efforts to address potential discrimination.

Lesotho

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

By law, “any person charged with sodomy or assault with intent to commit sodomy may be found guilty of indecent assault or common assault if such be the facts proved;” however, authorities did not enforce the law. Lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons faced societal discrimination and disregard. On May 17, the LGBTQI+ rights NGO Matrix convened a forum to discuss the challenges faced by LGBTQI+ persons. During the COVID-19 pandemic lockdown period, some LGBTQI+ participants reported being expelled from their homes by family members, leaving them vulnerable.

The law prohibits discrimination attributable to sex; it does not explicitly forbid discrimination against LGBTQI+ persons. Matrix reported public sensitization campaigns reduced discrimination in access to health-care services and participation in religious activities. There were no reports of employment discrimination.

Matrix decentralized its activities and established committees in eight of the 10 districts to provide more access to vulnerable persons. The Christian Council of Lesotho offered pastoral care and counseling to LGBTQI+ persons.

Liberia

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law prohibits consensual same-sex sexual conduct. “Voluntary sodomy” is a misdemeanor with a penalty for conviction of up to one year’s imprisonment. Lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) activists reported LGBTQI+ persons faced difficulty obtaining redress for crimes committed against them, including at police stations, because those accused of criminal acts used the victim’s LGBTQI+ status in defense of their crime.

LGBTQI+ persons continued to record instances of assaults, harassment, and hate speech by community members, but indicated that police were somewhat more responsive to their concerns.

On May 8, members of a community watch team allegedly beat three men on suspicion they were gay in the Gobachop community of Paynesville. According to two of the victims, the community watch members threatened the three men and assaulted them, rendering one of the men unconscious. The Lesbian and Gay Association of Liberia (LEGAL) helped the victims report their case at the Zone 5 Police Depot in Duport Road as, according to the victims, they were afraid to report it in Gobachop due to further threats from the community watch team. On May 11, police arrested David Korboi Jr. and another suspect for the assault on the three men. According to LEGAL, the attackers were taken to the Paynesville magisterial court, where they were remanded to the Monrovia Central Prison, but LEGAL also noted it had received information that the attackers were subsequently released upon the orders of an unnamed influential person; independent corroboration was unavailable. LEGAL and the NGO Stop Aids in Liberia provided temporary employment to the victims as part of financial and psychological support.

Observers reported that three individuals in Karloken City, Maryland County, were attacked during the year because they were, or were suspected of being, transgender (or acting “feminine” or “like women”) and that the attackers were in police custody awaiting trial, but these reports were not independently confirmed.

LGBTQI+ victims were sometimes afraid to report crimes to police due to social stigma surrounding sexual orientation and rape as well as fear police would detain or abuse them because of their sexual orientation or gender identity. The HIV and AIDS team of the police and the Solidarity Sisters, a group of female police officers, undertook outreach to key communities, resolved disputes before they escalated, and helped other police officers respond to sensitive cases.

Authorities of the police’s Community Services Section noted improvements in obtaining redress for crimes committed against LGBTQI+ persons due to several training sessions on sexual and reproductive rights. Police sometimes ignored complaints by LGBTQI+ persons, but such activists noted improvements in treatment and protection from police after officers underwent advocacy, gender, safety, sexual and reproductive health, and security training.

LGBTQI+ persons faced discrimination in accessing housing, health care, employment, and education. There were several reports from activists that property owners refused housing to members of the LGBTQI+ community by either denying applications or evicting residents from their properties.

There were press and civil society reports of harassment of persons based on their real or perceived sexual orientation or gender identity, with some newspapers targeting the LGBTQI+ community. Hate speech was a persistent issue. Influential figures, such as government officials and traditional and religious leaders, made public homophobic and transphobic statements. In June a 19-year-old high school student was expelled by Nyekan C. Wleh, principal of the Trinity United Methodist School in New Kru Town, after appearing dressed in drag in social media posts.

The Ministry of Health had a coordinator to assist minority groups, including LGBTQI+ persons, in obtaining access to health care and police assistance. Members of the LGBTQI+ community often called upon trained protection officers to intervene in cases of harassment and violence.

Libya

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Societal discrimination against LGBTQI+ persons persisted, and official discrimination was codified in local interpretations of sharia. Convictions of same-sex sexual activity carry sentences of three to five years’ imprisonment. The law provides for punishment of both parties.

There was little information on discrimination based on sexual orientation or gender identity in employment, housing, access to education, or health care. Observers noted that the threat of possible violence or abuse could intimidate persons who reported such discrimination.

There were reports of physical violence, harassment, and blackmail based on sexual orientation and gender identity. Armed groups often policed communities to enforce compliance with their commanders’ understanding of “Islamic” behavior, harassing and threatening with impunity individuals believed to have LGBTQI+ orientations and their families.

Liechtenstein

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The country’s lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) community made no formal complaints during the year of abuse or discrimination, including against persons with HIV and AIDS. The LHRA noted, however, that the law does not provide for LGBTQI+ persons to change their civil status to reflect gender reassignment or changed gender identity. The LHRA stated there is also no possibility of indicating a third sex on official documents.

The law prohibits discrimination by state and nonstate actors, based on gender and sexual orientation, particularly with respect to essential goods and services such as housing, employment, and access to government services such as healthcare. It also prohibits debasement, slander, and incitement to hate based on an individual’s gender and sexual orientation and prohibits the refusal of general services based on an individual’s gender and sexual orientation. The government generally enforced the law.

Lithuania

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law prohibits discrimination based on sexual orientation, and sexual orientation may be an aggravating factor in crimes against LGBTQI+ persons. However, it states that any information that “encourages a concept of marriage and family other than the one stipulated in the Constitution of the Republic of Lithuania or in the Civil Code of the Republic of Lithuania” is detrimental to minors and should be restricted. According to Amnesty International, this law violates the freedom of self-expression of LGBTQI+ persons. Gender identity remains unrecognized in the law. Societal attitudes toward LGBTQI+ persons remained largely negative, and LGBTQI+ persons experienced stigma, discrimination, and violence. A 2019 poll by the Baltijos Tyrimai market and public opinion research company noted that one-third of citizens viewed LGBTQI+ individuals as undesirable neighbors. Transgender persons were vulnerable and regularly experienced extreme violence and death threats, and legal barriers and discriminatory practices often inhibited them from receiving health care. Most LGBTQI+ persons who experienced violent acts did not report them due to a lack of trust in the legal system. During the first-ever pride march in the city of Kaunas on September 4, eggs and potatoes were thrown at participants by protesters, who also shouted obscenities during the event.

On December 31, Minister of Justice Evelina Dobrovolska signed an order allowing transgender persons to change their names and ending the requirement to provide medical proof of gender reassignment. The order was scheduled to take effect on February 2, 2022.

Luxembourg

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law prohibits all forms of discrimination based on sexual orientation or gender identity and the government generally enforced the law.

The CET’s 2020 report stated that it handled 12 cases of potential discrimination linked to sexual orientation.

The president of Rosa Letzebuerg, a local prolesbian, gay, bisexual, transgender, and intersex (LGBTQI+) association, noted that gay and bisexual men are not prohibited from blood donation, but are required to abstain from sexual activity for 12 months before being eligible to donate blood.

Madagascar

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

A known transgender person published on her Facebook page a video message reporting that on the night of August 4, she was victim of a robbery as she left a drugstore in Analakely, Antananarivo. When she went to the nearest police station to report the crime, the police officers on duty refused to assist her and mocked her. Authorities took no known actions against the officers.

The law provides for a prison sentence of two to five years and fines upon conviction of committing “indecent or against nature with an individual of the same sex younger than 21” acts, which are understood to include sexual relations. Authorities enforced this law. No law prohibits same-sex sexual conduct for those older than 21. Members of the LGBTQI+ community reportedly were unaware of the risk of arrest for “corruption of a minor,” and arrests occurred for such acts, although there were no official statistics.

No specific antidiscrimination provisions apply to LGBTQI+ persons. There were no reports of discrimination in housing, employment, nationality laws, or access to government services. No laws prevent transgender persons from identifying as their chosen gender.

As evidenced by comments in occasional news items involving well known LGBTQI+ personalities, members of the community often continued to face considerable social stigma and discrimination within their own families, particularly in rural areas.

The Ministry of Interior ordered the cancellation of an evening event that members of the LGBTQI+ community organized in an Antananarivo bar for July 3 to celebrate Pride Month. The event had taken place in the same location during previous years. Authorities cancelled the event because they claimed it was an incitement to debauchery and offense to morals. The owner of the pub where the event was to be held stated that authorities threatened to close the establishment if the event was held. A group of civil society organizations and LGBTQI+ organizations issued a communique denouncing the persistent stigma affecting the LGBTQI+ community. It denounced what it called uneven enforcement of relevant laws which it claimed failed to crack down on hate speech targeting the LGBTQI+ persons on the social media. In a televised interview, the director of culture at the Ministry of Communication defended the government’s position on cancellation of the event, stating that the law does not recognize LGBTQI+ rights.

Malawi

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The Center for the Development of People documented 16 instances of abuse based on real or perceived sexual orientation and gender identity and expression. The nature of the abuses fell into three broad categories: stigma, harassment, and violence. Although victims were willing to report the abuses to the center, they did not want their orientation to be revealed to their families or the public, so no investigations or prosecutions resulted.

The law criminalizes consensual same-sex sexual conduct, or “unnatural offenses,” and conviction is punishable by up to 14 years’ imprisonment, including hard labor. Conviction of attempting “unnatural offenses” is punishable by seven years’ imprisonment. The penal code also criminalizes “indecent practices” between men as well as between women and provides for punishment of five years’ imprisonment if convicted. The government did not actively enforce these laws.

Same-sex sexual conduct may also be prosecuted as “conduct likely to cause a breach of the peace.”

The law does not prohibit discrimination against LGBTQI+ persons. The revised Malawi National Strategic Plan for HIV and AIDS (202025) included transgender persons and men who have sex with men as part of the key populations to be targeted to reach its goals.

Malaysia

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

All same-sex sexual conduct is illegal. The law states that sodomy and oral sex acts are “carnal intercourse against the order of nature.” In February the Federal Court nullified a Selangor State law on same-sex sexual conduct. The verdict ruled on an appeal of a Selangor State sharia court’s 2019 conviction of a man for “intercourse against the order of nature.” The Federal Court found that existing federal legislation outlawing the same conduct for the same reason preempted the state law, meaning it was unconstitutional and hence the case should not have been brought nor ruled on by the sharia court. This verdict could potentially nullify some strict anti-lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) legislation at the state level that uses the same rationale as the federal laws. Religious and cultural taboos against same-sex sexual conduct were widespread (see section 2.a., Nongovernmental Impact).

In June then deputy religious affairs minister Ahmad Marzuk Shaary proposed that social media postings that “promote LGBTQ lifestyles” and “insult Islam” be punishable offenses under sharia. Ahmad Marzuk also announced a special multiagency government task force, including the government multimedia agency and police, to monitor posts related to LGBTQI+ issues. Activist Numan Afifi expressed concerns about the “escalation and trend towards more prosecution against the LGBTQI+ community in Malaysia,” including separate proposals in April to increase sentencing terms against LGBTQI+ offenses under sharia. SUHAKAM urged the government to reconsider its decision to impose heavier punishments for offenses associated with the LGBTQI+ community. SUHAKAM commissioner Hishamudin Yunus declared the best approach towards LGBTQI+ individuals was to “help integrate them into mainstream society” by respecting their constitutional rights to equality, privacy, and a life of dignity. Speaking to local media, the former Court of Appeal judge declared it should not be acceptable to discriminate against the community or to treat its members as criminals.

In June, 40 religious NGOs and educator groups released a joint statement protesting an online program entitled, “School as a Safe Place for Individuals of Various Sexual Orientations,” alleging the event supported the “open promotion of LGBTQI+ elements in schools.” The statement argued that schools “must be saved from elements of pro-unnatural sex orientations and transgenderism ideology that are against religious teachings.” The online program proceeded as scheduled.

Authorities often charged transgender persons with “indecent behavior” and “importuning for immoral purposes” in public. Those convicted of a first offense face a token fine and a maximum sentence of 14 days in jail. The sentences for subsequent convictions are fines and up to three months in jail. Local advocates contended that imprisoned transgender women served their sentences in prisons designated for men and that police and inmates often abused them verbally and sexually.

In January the Selangor Islamic Religious Department detained transgender social media influencer Nur Sajat for questioning regarding an online video of her saying Islamic prayers in women’s clothing in 2018. Religious department officers allegedly beat and slapped her while in custody. They subsequently charged her with “defamation of Islam,” punishable by a fine, up to three years’ imprisonment, or both, and released her on bail. Nur Sajat failed to appear for her court date on February 23, citing a medical condition. Her lawyer presented a medical leave certificate to the court the next day, but the judge rejected it. The religious department then issued a warrant for her arrest without bail and sent department officers looking for her, with police support. Nur Sajat crossed into Thailand, and UNHCR granted her refugee status.

In September the Perlis State Fatwa Committee declared that men “who appear like women” such as “cross-dressers” or transgender individuals were forbidden from entering mosques while “not in gender-conforming appearances.” Penang State mufti Wan Salim Wan Mohd Noor suggested that transgender individuals “should change their appearance” if they wanted to be in mosques or suraus (Islamic assembly buildings) so that “they do not look odd and avoid uncomfortable feelings among other worshippers.” Representatives from the NGO Sisters in Islam observed that “the fatwa and statement of the mufti not only contradicts the federal constitution” but was “not in accordance with inclusive Islamic traditions.”

A 2018 survey by a local transgender rights group reported more than two-thirds of transgender women experienced some form of physical or emotional abuse.

State religious authorities reportedly forced LGBTQI+ persons to participate in “conversion therapy,” “treatment,” or “rehabilitation” programs to “cure” them of their sexuality. In a September response to a parliamentary inquiry, Prime Minister Sabri wrote that as of June, a total of 1,733 individuals from the LGBTQI+ community had been sent to a rehabilitation camp run by the Islamic Development Department, a government agency. The camp, called the Mukhayyam Program, was a government initiative designed to change the lifestyle and sexual orientation of LGBTQI+ individuals. Sabri added that the government was serious about the issue, “as Malaysia is a country that adheres to the religion of Islam.”

In September religious authorities in Kelantan State posted fliers in public places such as shopping malls and grocery stores warning the community about LGBTQI+ persons and the need to be vigilant against their influence. On November 1, Kelantan’s Sharia Criminal Code (I) Enactment 2019 came into force, criminalizing 24 new offenses applying to Muslims. Although the code’s five offenses infringing the rights of LGBTQI+ persons – “sodomy,” “homosexual activities involving women,” “changing gender,” “crossdressing as a female,” and “crossdressing as a male” – were not among the newly added crimes, observers expressed concern about the implications for the LGBTQI+ community. The NGO Sisters in Islam declared that Kelantan first minister Ahmad Yakob’s characterization of the code as “restorative and retributive” posed “a grave concern” and asked what this meant for actions deemed crimes under the code in the context of the “looming tabling” of legislation in federal parliament allowing sharia courts to mete out stiffer penalties. The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism, and Taoism urged the Kelantan government to review its “recently enforced” law, including “punishments against homosexual activities and a slew of other offenses.” There were no reports of the revised code being used to prosecute LGBTQI+ individuals at year’s end.

LGBTQI+ persons reported discrimination in employment, housing, and access to some government services because of their sexuality.

Maldives

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law prohibits same-sex sexual conduct. Under the penal code, the punishment for conviction includes up to eight years’ imprisonment and, under Islamic law, 100 lashes. None of the legal provisions prohibiting discrimination covers discrimination based on sexual orientation or gender identity. No organizations focused on lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) problems in the country. There were no reports of officials complicit in abuses against LGBTQI+ persons, although societal stigma likely discouraged individuals from reporting such problems. Local citizens who expressed support for LGBTQI+ rights on social media were reportedly targeted for online harassment as “apostates” or irreligious.

Mali

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

According to local NGOs, LGBTQI+ individuals experienced physical, psychological, and sexual violence, which society viewed as “corrective” punishment. Police frequently refused to intervene when such violence occurred.

The law prohibits conduct pertaining to “attacks on morality,” thereby criminalizing, on a de facto basis, consensual same-sex sexual conduct between adults. The government actively enforced this law. Anecdotal evidence suggested LGBTQI+ individuals were at risk of violence if their status were known; their full protection remained in question.

In October the prosecutor of the Bamako Commune IV Tribunal of High Instance charged three women on the grounds of incitement to debauchery (under the same section of the law pertaining to “attacks on morality”) and violation of private communications. Two of the women were imprisoned before being granted provisional release on November 2. The third woman was charged with the same alleged crimes but fled to Cote d’Ivoire. In the same case, another woman was prosecuted but not detained. Media reports characterized the women as part of “a network of lesbians.” During the year there were no other examples of the use of this law criminalizing, on a de facto basis, consensual same-sex conduct between adults.

Most LGBTQI+ individuals isolated themselves and kept their sexual orientation or gender identity hidden. An NGO reported that LGBTQI+ individuals frequently dropped out of school, left their places of employment, and did not seek medical treatment to hide their sexual identity and avoid social stigmatization.

No laws specifically prohibit discrimination based on sexual orientation or gender identity. Some NGOs provided medical and support services focusing specifically on men having sex with men or HIV prevention.

Malta

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The constitution and law prohibit discrimination on the grounds of sexual orientation, gender identity, gender expression, and sex characteristics, including discrimination against lesbian, gay, bisexual, transgender, queer, and intersex persons in housing, employment, nationality laws, and access to government services, including health care. The government enforced the laws.

Marshall Islands

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Neither the constitution nor law provides specific protection against discrimination for lesbian, gay, bisexual, transgender, queer, or intersex persons.

Mauritania

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

LGBTQI+ persons were reportedly harassed and were subject to violence from the National Police, the general Group for Road Safety, neighbors, and family members. On October 21, a video circulated on WhatsApp showing several road safety police harassing a transgender person. During the video, which appeared to be filmed by one of the officers, police began stripping the person, and officers can be heard saying they were going to investigate the woman’s “fake breasts.” There were no reports that authorities launched an investigation into the incident.

No laws protect LGBTQI+ persons from discrimination. Under sharia as applied in the country, consensual same-sex sexual conduct between men is punishable by death if witnessed by four individuals, and such conduct between women is punishable by three months to two years in prison and a token monetary fine. The government did not actively enforce these measures. The LGBTQI+ community was rarely identified or discussed, which observers attributed to the severity of the stigma and the legal penalties attached to such labels.

According to the latest report by the LGBTQI+ Nouakchott Solidarity Association from 2017, the rights of LGBTQI+ persons were not recognized and therefore not protected. LGBTQI+ persons lived in perpetual fear of being expelled from their families, had difficulty finding employment, and were rejected by society in general. As a result they did not attend or participate in public activities due to fears of retribution and violence.

Mauritius

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) victims of verbal abuse or violence generally did not file complaints with police due to ostracism or, in some cases, fear of reprisal from family members. In April the Passport and Immigration Office denied a transgender citizen living in France a new passport because the law does not recognize her as a woman after complete transition surgery. There were no developments at year’s end.

The law does not specifically criminalize consensual same-sex sexual activity. It criminalizes sodomy, however, for both same-sex and heterosexual couples. The sodomy statute is a holdover from 19th century colonial law. Authorities rarely used the sodomy statute against same-sex couples, unless one of the partners cited sodomy in the context of sexual assault. Only one such case had been reported in the last 20 years, and it involved a gay man accusing his former partner of sodomy as part of a larger assault accusation. The majority of the cases in which the sodomy statute was invoked involved heterosexual couples engaged in legal proceedings. In November the Supreme Court heard evidence in a case challenging the constitutionality of the sodomy statute, which activists argue violates constitutional rights to privacy and can be an obstacle to LGBTQI+ persons accessing health care. This is one of three cases against this statute, and activists initially filed this case in 2019. They were awaiting a ruling at year’s end.

The National Blood Transfusion Service disqualifies men who have had anal or oral sex with other men from donating blood, following World Health Organization guidelines.

The law prohibits discrimination by state and nonstate actors against LGBTQI+ persons, particularly with respect to essential goods and services such as housing, employment, and access to government services such as health care. The government enforced such laws.

Mexico

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

There were reports the government did not always investigate and punish those complicit in abuses against LGBTQI+ persons, especially outside Mexico City. Civil society groups claimed police routinely subjected LGBTQI+ persons to mistreatment while in custody.

There were 50 hate-crime homicides and four forced disappearances committed against the LGBTQI+ community in the first eight months, according to the National Observatory of Crimes Against LGBTQI persons. A 2019 CNDH poll found six of every 10 members of the LGBTQI+ community reported experiencing discrimination in the past 12 months, and more than half suffered hate speech and physical aggression.

Federal law prohibits discrimination against LGBTQI+ individuals. A Mexico City municipal law provides increased penalties for hate crimes based on sexual orientation and gender identity.

In July the Mexico City congress passed a law to provide, promote, and protect LGBTQI+ human rights. In August the Mexico City congress approved a reform allowing LGBTQI+ children ages 12 years and older to legally change their gender on their birth certificate. In August Yucatan passed a law legalizing same-sex marriage, increasing the number of states making it legal to 22 of the country’s 32 states. In August Baja California and Yucatan passed laws banning LGBTQI+ conversion therapy.

Micronesia

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law does not criminalize consensual same-sex sexual conduct between adults; nor does it prohibit discrimination against lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons. There were no reports of violence or discrimination against LGBTQI+ persons. The culture stigmatized public acknowledgement or discussion of certain sexual matters, including sexual orientation and gender identity. Persons rarely publicly identified as LGBTQI+.

Moldova

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law does not criminalize consensual same-sex sexual conduct between adults. The Criminal Code, however, criminalizes homosexuality.

Police frequently condoned or tolerated violence against LGBTQI+ individuals. According to NGO Genderdoc-M, in most cases law enforcement bodies failed to identity and hold to account persons who perpetrated acts of violence against LGBTQI+ individuals.

During the year the Socialist Party criticized activists who spoke out in favor of LGBTQI+ rights and advocated for the adoption of “antigay propaganda” laws. On May 13, members of the Socialist Party in parliament held a press conference to propose several legislative initiatives, including amending the constitution to “prohibit marriage of same-sex partners and include a provision that states that the parents of a child represent a father (male parent) and a mother (female parent).” In May leaders of the party proposed criminal penalties for public expressions of support for LGBTQI+ rights. The party also sought to introduce criminal liability for “propaganda of homosexualism.” The proposed laws, however, were not introduced in parliament’s agenda.

Hate speech and discrimination based on sexual orientation and gender identity remained a problem. In January the newspaper Komsomoliskaya Pravda v Moldove published an article, “Let these bastards be punished as an example! How Stalin declared war on gays.” The article favorably portrayed actions by Stalin and the Soviet government to criminalize and punish homosexuality. As of September, Genderdoc-M reported 20 cases of violations of the rights of LGBTQI+ individuals. In most cases parents applied physical and psychological violence against their minor children after they disclosed their gender identity or sexual orientation. Insults against LGBTQI+ representatives on social media were also frequent.

Civil society organizations reported that, although transgender individuals were allowed to change their names (e.g., from a male to a female name) on legal identity documents, including passports, the government did not permit them to update gender markers to reflect their gender identity. The Public Services Agency continued to refuse to change identity documents for transgender individuals, despite court orders. Transgender individuals also experienced employment discrimination.

The law prohibits employment discrimination based on sexual orientation, but societal discrimination based on sexual orientation and gender identity continued. The LGBTQI+ community reported verbal and physical abuse and attacks. As in in previous years, police were reluctant to open investigations against perpetrators of abuse. In November a soldier from Moldova, while on vacation overseas, posted a video message online in which he declared that he would not return to the army because he was mistreated after his sexual orientation was disclosed. Subsequently, the Ministry of Defense stated that an internal investigation had been launched, but simultaneously requested the Prosecutor General’s Office investigate an alleged offense committed by the soldier who was in a relationship with a 17-year-old minor. Genderdoc-M noted that the age of consent in Moldova is 16 and called the investigation “a tool for intimidation” designed to transfer responsibility “from the aggressors to the victim of discrimination.” On November 19, President Sandu, in her role as supreme commander of the armed forces, said that she would discuss this case with Ministry of Defense to ensure that all state institutions respect human rights. In a November 25 response to the soldier’s lawyer, the Ministry of Defense stated it had found no evidence of abuse or mistreatment of the individual.

In Transnistria consensual same-sex sexual activity is illegal, and LGBTQI+ persons were subjected to official as well as societal discrimination.

Monaco

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law prohibits discrimination based on sexual orientation or gender identity, including in housing, employment, nationality, and access to government services. It provides for fines, imprisonment, or both for persons who provoke hatred or violence against a person or group due to their sexual orientation, real or perceived. The government enforced these laws.

Mongolia

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

LGBTQI+ individuals faced violence and discrimination both in public and at home based on their sexual orientation or gender identity. There were reports LGBTQI+ persons faced greater discrimination and fear in rural areas than in Ulaanbaatar due to less public awareness and limited online media access in rural areas. The NGO LGBT Center received reports of violence against LGBTQI+ persons, most involving young persons disclosing their LGBQTI+ status to their families or whose families discovered they were LGBTQI+.

In July an LGBTQI+ social media celebrity was physically assaulted by a few local community members in Arkhangai Province because he allegedly brought shame to the reputation of the province. A police investigation was ongoing.

In September during Pride Days, the deputy governor of Ulaanbaatar publicly expressed a discriminatory view of LGBTQI+ persons on Facebook and ordered the removal of Pride Days advertisements on bus stops and inside buses that were paid for by the LGBT Center. Following the deputy governor’s Facebook post, the LGBT Center received multiple death threats from unknown members of the public. The LGBT Center filed a police complaint in September, and as of November the case was under investigation. The NHRC delivered several directives to the governor of Ulaanbaatar, including a nonbinding demand to make a public apology and conduct awareness training on the rights of sexual minorities and the law on human rights defenders for city employees.

Evidence gathered from the LGBTQI+ community suggested a lack of understanding of sexual minorities among health-care providers, as well as a lack of understanding of physical and psychological problems members of the LGBTQI+ community might face. LGBTQI+ persons said they feared that the disclosure of their sexuality to health-service providers would lead to ridicule, denial of service, or reporting of their sexuality to other government authorities.

There were reports of discrimination against LGBTQI+ persons in employment.

Montenegro

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law forbids incitement of hatred based on sexual orientation and prohibits discrimination against individuals based on sexual orientation or gender identity. The presence of an anti-LGBTQI+ (lesbian, gay, bisexual, transgender, queer, or intersex) bias is an aggravating circumstance when prosecuting hate crimes.

In the first eight months of the year, the NGO LGBT Forum Progress submitted more than 60 complaints to police regarding online discrimination, hate speech, and verbal abuse, including comments on social media, and asked authorities to press charges against the commenters. The NGO stated that the total number of charges filed in the first half of the year was somewhat lower when compared with the same period in 2020 or 2019 but noted a significant rise of hate and hate speech online targeting different communities and groups, based on their nationality, ethnicity, and religious beliefs, which corresponded to the rise of tensions and divisions in the society throughout the year.

According to NGOs, as a result of COVID-19-related restrictions on movement, many LGBTQI+ persons returned to their primary residences where they experienced an increase of hate, abuse, discrimination, and rejection by family members. Many of them searched for psychosocial and legal support. One LGBTQI+ center was operational during the second half of 2020 and throughout 2021. It was run by an NGO and relied solely on small emergency grants and funds without government support.

Every police station had an officer whose duties included monitoring observance of the rights of LGBTQI+ persons. During the year a “team of confidence” between police and LGBTQI+ NGOs continued working to improve communication between police and the community. The government also formed the National Focal Point Network composed of representatives from local municipalities to promote LGBTQI+ rights at the local level.

During the year the national team formed by the Ministry of Justice, Human and Minority Rights to monitor implementation of the National Strategy for the Improvement of the Quality of Life of LGBTI Persons in Montenegro 2019-2023 worked to increase the capacity of institutions involved in the protection of individuals against discrimination, particularly in the judicial system. COVID-19 prevented the team from meeting more than twice, but it coordinated and remained informed on all ongoing activities. The NGO Spectra reported that realization of most of the planned activities would be continued next year, again due to COVID-19 delays. The NGOs Juventas and Queer of Montenegro reported they cooperated with the team to help local authorities create and approve local action plans to fight homophobia and transphobia and improve the quality of life for LGBTQI+ persons. The government did not provide funds for operating the LGBTQI+ shelter in 2022, although the 2019-23 national strategy anticipated that the shelter would be fully funded for the duration of the strategy.

The NGO Spektra reported that transgender women and men in the country had been unable to access hormone therapy for the previous four years, which led to significant risks to their physical and mental health. The COVID-19 pandemic further complicated the ordering of hormone therapies from neighboring countries. Spektra also noted that the health system experienced a periodic shortage of testosterone supply since the beginning of the pandemic, which resulted in a direct threat to the health and well-being of transgender persons. The NGO alleged the situation violated the basic human rights provided by the country’s constitution and laws concerning access to health care and health insurance.

Morocco

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law criminalizes consensual same-sex sexual activity, with a maximum sentence of three years in prison for violations. According to a report by the Prosecutor General’s Office released in 2020, the state prosecuted individuals in 2020 for same-sex sexual activity. Media and the public addressed questions of sexuality, sexual orientation, and gender identity more openly than in previous years. According to some human rights organizations, lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) victims of violence in high-profile cases from previous years continued to be harassed when recognized in public.

In November 2020 an artist was arrested while filing a complaint against an individual for harassment and homophobia. According to the government, his detention did not have to do with his sexual identity, but rather related to violating COVID-19 restrictions. His next hearing was scheduled for September. Antidiscrimination laws do not apply to LGBTQI+ persons, and the penal code does not criminalize hate crimes. There was a stigma against LGBTQI+ persons, including some reports of overt discrimination based on sexual orientation or gender identity in employment, housing, and health care.

Mozambique

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Antidiscrimination laws protected LGBTQI+ persons only from employment discrimination. No hate-crime laws or other criminal justice mechanisms exist to aid in the prosecution of bias-motivated crimes against LGBTQI+ persons. The Fifth National Action Plan to Combat HIV/AIDS denounced discrimination based on gender identity and sexual orientation for the first time. Since 2008 the government had failed to act on LAMBDA’s request to register legally (see section 2.b., Freedom of Association).

There were no media or other reports of bias-motivated attacks on LGBTQI+ persons; however, discrimination in public medical facilities and schools was reported. Medical staff sometimes chastised LGBTQI+ individuals for their LGBTQI+ status when they sought treatment. According to an April study by LAMBDA, more than two-thirds of LGBTQI+ students stated they had experienced some kind of discrimination at school. Intimidation was not a factor in preventing incidents of abuse from being reported.

There were reports of societal discrimination based on sexual orientation and gender identity.

Namibia

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The constitution does not prohibit discrimination based on sexual orientation. Although Roman-Dutch common law inherited at independence criminalizes sodomy, the ban was not directly enforced but had discrimination repercussions related to the definition of marriage, legal asylum and immigration procedures, access to medical care, and children. The law defines sodomy as intentional anal sexual relations between men. The legal definition excludes anal sexual relations between heterosexual persons and sexual relations between lesbians. Many citizens considered same-sex sexual activity to be taboo. Lesbian, gay, bisexual, transgender, queer, or intersex (LGBTQI+) groups conducted annual pride parades recognized by the government as constitutionally protected peaceful assembly.

Gender discrimination law does not address discrimination based on sexual orientation or gender identity. LGBTQI+ persons faced harassment when trying to access public services. There were isolated reports of transgender persons being harassed or assaulted. Some politicians opposed any legislation that would specifically protect the rights of LGBTQI+ persons. The ombudsman favored abolition of the common law offense of sodomy. In October the Supreme Court ruled in favor of same-sex couple defendants in a case in which two men sought citizenship for their child born of a surrogate mother. Four other court cases regarding LGBTQI+ demands for equal marriage, family, and domicile rights continued at year’s end.

Nauru

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law does not prohibit discrimination based on sexual orientation or gender identity. The law does not specifically cite sexual orientation, but it could be used to aid in the prosecution of bias-motivated crimes against lesbian, gay, bisexual, transgender, queer, and intersex persons. There were isolated reports of violence against persons based on sexual orientation and gender identity.

Nepal

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

LGBTQI+ rights groups reported that gender and sexual minorities faced harassment from police during the year. On January 21, police reportedly assaulted and arrested 16 third gender (LGBTQI+) commercial sex workers at a bus park in the Gongabu area of Kathmandu. Media reported that the incident began when a man groped and assaulted a transgender woman. Other members from the LGBTQI+ community intervened and the police arrived, but rather than arrest the man, they beat the women with rifle butts, batons, and sticks. According a prominent LGBTQI+ rights organization, multiple third gender persons sustained injuries and two needed stitches.

No laws criminalize same-sex sexual activity, and LGBTQI+ persons actively advocated for their rights. The constitution contains provisions outlining protections for LGBTQI+ persons, but LGBTQI+ activists continued to press for further legislation to increase protections for gender and sexual minorities.

While the government does not have coercive medical practices targeting LGBTQI+ individuals, many districts require gender-affirming surgery or an application to the Nepal Medical Council, which requires surgical interventions and certification from the hospital that performed the procedure to change gender markers on identity documents.

According to local LGBTQI+ advocacy groups, the government did not provide equal opportunities for LGBTQI+ persons in education, health care, or employment (see section 7.d.). LGBTQI+ activists reported challenges obtaining COVID-19 vaccines and relief because their name and appearance did not match their citizenship documents. Advocacy groups stated that some LGBTQI+ persons faced difficulties in registering for citizenship, particularly in rural areas.

Although several LGBTQI+ candidates ran for office in local elections in recent years, LGBTQI+ activists noted that election authorities prevented one person in 2017 who self-identified as third gender from registering as a candidate for vice mayor in a rural municipality of Myagdi district, Gandaki Province because electoral quotas required the individual’s party to register a “female” candidate for the position; the Supreme Court ruled in favor of the government. Separately, LGBTQI+ activists stated that some transgender persons refrained from voting due to harassment or social scorn because transgender persons were forced to stand in lines reflecting the gender on their citizenship documents, regardless of whether they had changed gender in practice.

According to LGBTQI+ rights NGOs, there were some instances of harassment and abuse of LGBTQI+ persons by private citizens and government, especially in rural areas.

Netherlands

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

There were hundreds of reports of discrimination against LGBTQI+ persons. In 2020, 32 percent of incidents of discrimination registered by police concerned sexual orientation. Of those incidents, 67 percent concerned verbal abuse, 14 percent physical abuse, and 14 percent threats of violence. It continued to be common practice for police to be insulted with the use of LGBTQI+ slurs. Prosecutions were rare; many incidents were not reported, allegedly because victims often believed that nothing would be done with their complaint.

According to a survey of 3,800 members of the LGBTQI+ community in the Netherlands by a television program, most respondents reported it was difficult to be openly gay in the Netherlands. In addition, many respondents stated that they did not believe they were free to walk hand-in-hand with their partner (50 percent) or to exchange a kiss in public (54 percent). In one case of physical violence, a group of boys attacked a gender-neutral teenager at a playground in the city of Amstelveen on July 27, resulting in the victim’s hospitalization for severe injuries, including a broken nose, fractured jaw, and dislodged teeth. The victim’s father reported to authorities and media that the victim was assaulted after the teenager refused to respond whether they were a boy or a girl. Police investigated the attack; they arrested a boy age 14 who was awaiting trial at year’s end, and continued to search for other perpetrators.

The Dutch government told parliament June 1 that it would not prohibit the practice of LGBTQI+ “conversion therapy” without additional research to understand how the government could enforce such a prohibition while balancing “freedom of choice” to undergo the practice. On June 26, hundreds of persons demonstrated in Amsterdam against the alleged outsized role of psychologists in determining whether a transgender individual may qualify for hormone treatments and surgery in response to media reports regarding the difficulties faced by several patients of the Amsterdam University Medical Center.

An Amsterdam court ruled July 21 that a plaintiff assigned female gender at birth may retroactively change the gender field on their birth certification from “F” for female to “X” for nonbinary, for the first time in the country. The Prosecutor’s Office argued that there were no legal provisions allowing for the nonbinary option, but the court disagreed, citing the Gender Equal Treatment Act. In 2018 a nonbinary person received a passport with “X” as the gender marker for the first time, but their birth certificate noted that the gender could not be determined, an interim solution that the courts had adopted until the July 21 ruling.

Throughout the kingdom the law prohibits discrimination against LGBTQI+ persons in housing, employment, nationality laws, and access to government services such as health care. The governments generally enforced the law.

The law explicitly prohibits discrimination on grounds of sex characteristics, gender identity, and gender expression. The government urged institutions and companies to stop unnecessary registration of gender. The law allows for higher penalties for violence motivated by anti-LGBTQI+ bias.

Police had a Netherlands-wide network of units dedicated to protecting the rights of LGBTQI+ persons. The city of Amsterdam’s informational call center was dedicated to increasing safety for LGBTQI+ persons. The Ministry of Justice and Security sponsored a campaign in LGBTQI+-oriented media to encourage victims to report incidents and file complaints with police.

New Zealand

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law does not criminalize consensual same-sex sexual conduct between adults older than 16. The law prohibits abuse, discrimination, and acts of violence based on sexual orientation and gender identity, and the government enforced the law. According to the Ministry of Justice’s most recent Crime and Victims Survey (October 2019-September 2020), gay, lesbian, or bisexual adults had more than twice the average likelihood of experiencing intimate partner violence and sexual violence.

Nicaragua

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

LGBTQI+ groups reported discrimination, a lack of access to justice, and a lack of response from police. The government and FSLN supporters frequently targeted LGBTQI+ participants in civil protests in particular, using online smear campaigns and physical attacks in some cases. LGBTQI+ opposition members were particularly targeted with sexual violence by police, parapolice, and progovernment supporters. The Observatory for Human Rights Violations Against LGBTQI+ Persons stated there were 43 attacks against LGBTQI+ in the first six months of the year, one-half against transgender women. LGBTQI+ activists said LGBTQI+ political prisoners hid their orientation, fearing increased abuse from prison guards. Reliable data on the breadth of such discrimination were not available. No specific laws exist to punish hate crimes against LGBTQI+ persons.

Transgender women detained for participating in prodemocracy protests were particularly harassed while in custody. They were held with male inmates, forced to strip in front of their peers, and specifically harangued by guards. The law does not recognize the right to gender identity self-determination, and as such the penitentiary system is not required to separate inmates based on gender identity. Celia Cruz, a political prisoner and transgender woman, was given amnesty and released in April, although her trial continued and an appeals court ratified her guilty sentence in June.

Although it does not mention sexual orientation and gender identity specifically, the law states all persons are equal before the law and provides for the right to equal protection. No laws specifically criminalize consensual same-sex sexual conduct between adults. LGBTQI+ persons, however, continued to face widespread societal discrimination and abuse, particularly in housing, education, and employment. LGBTQI+ organizations continued to complain the law curtailed the rights of LGBTQI+ households by defining families as necessarily headed by a man and a woman; this definition particularly affected LGBTQI+ households’ access to social security, survivor benefits, and adoption rights.

Niger

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

There was strong societal stigma against same-sex sexual conduct, but there are no laws criminalizing adult consensual same-sex sexual conduct. The law punishes an “unnatural act” with a person younger than 21 of the same sex.

The law does not prohibit discrimination against lesbian, gay, bisexual, transgender, queer, or intersex (LGBTQI+) persons in such areas as housing, employment, and access to government services. Gay men and lesbians experienced societal discrimination and social resentment. LGBTQI+ associations reportedly conducted their activities secretly, in part because they were not officially registered. There were no reports of violence against individuals based on their sexual orientation or gender identity. There were no documented cases of discrimination in employment, occupation, housing, statelessness, or access to education or health care based on sexual orientation. Observers believed stigma or intimidation impeded individuals from reporting such abuse.

Nigeria

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

During the year LGBTQI+ persons reported harassment, threats, discrimination, and incidents of violence against them based on their real or perceived sexual orientation or gender identity according to the NGO The Initiative for Equal Rights. The NGO documented 520 human rights abuses based on real or perceived sexual orientation, gender expression, and sex characteristics during the year. Of these cases, more than 10 percent involved state actors. Invasion of privacy, arbitrary arrest, and unlawful detention were the most common abuses perpetrated by officers and other state actors. Blackmail, extortion, assault, and battery were the most common abuses perpetrated by nonstate actors.

According to the law, anyone convicted of entering into a same-sex marriage or civil union may be sentenced to up to 14 years’ imprisonment. The law also criminalizes the public show of same-sex “amorous affection.” In the 12 states that have adopted sharia, adults convicted of engaging in same-sex sexual conduct may be subject to execution by stoning. While sharia courts did not impose such sentences during the year, in July, five men in Kano State were arrested by the local hisbah board for allegedly engaging in homosexuality. There were no updates on their cases at year’s end.

The law effectively renders illegal all forms of activity supporting or promoting the rights of LGBTQI+ persons. Several NGOs provided legal advice and training in advocacy, media responsibility, and HIV and AIDS awareness to LGBTQI+ groups as well as safe havens for LGBTQI+ individuals.

LGBTQI+ persons persistently faced stigma, discrimination, and barriers to accessing basic health care. These included limiting physical access, challenges communicating with health-care providers, discriminatory or negative attitudes among health care workers, and high user fees.

North Korea

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

There are no laws against consensual same-sex sexual activity between adults, but little information was available on discrimination based on sexual orientation or gender identity. NGOs expressed concern that decency and obscenity laws could be used legally to discriminate based on sexual orientation or gender identity. In 2014 the Korean Central News Agency, the state news agency, denied the existence of consensual same-sex sexual activity in the country. According to lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) rights group Equaldex, no legal mechanisms exist to protect LGBTQI+ individuals against discrimination in housing and employment. Adoption by same-sex couples is illegal. Equaldex characterized legal protections for same-sex sexual activity, the right to change legal gender, and gay and lesbian persons serving openly in the military as ambiguous.

North Macedonia

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The constitution and law prohibit discrimination based on sexual orientation and gender identity. When victims filed complaints, the government generally enforced the law.

The lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) community remained marginalized and activists supporting LGBTQI+ rights reported incidents of societal prejudice, including hate speech. The antidiscrimination law explicitly protects individuals against discrimination based on sexual orientation and gender identity in education, employment, housing, and health care; there is no protection against hate speech based on sexual orientation or gender identity within the criminal code and other laws covering freedom of expression.

As of November 26, the State Commission for Prevention of and Protection against Discrimination had reviewed nine complaints alleging discrimination based on gender or sexual orientation. The commission determined there was sufficient evidence to substantiate five of the nine claims and recommended corrective action to the responsible entities. The committee’s recommendations included public apologies to the concerned individuals and obliging employers to provide sensitivity training to staff. One of the cases, brought forward by the CSO Coalition Margins, involved a transgender woman who was discriminated against in a pharmacy. The commission recommended the pharmacy conduct training for its employees on working with LGBTQI+ clients.

In June ahead of the Skopje Pride Parade, Minister of Agriculture, Forestry and Water Economy Arjanit Hoxha made a public statement that characterized LGBTQI+ persons as “immoral” and “unhealthy.” The NGO Subversive Front complained, noting among other things that the minister’s comments could instill fear among LGBTQI+ persons in coming out to their family members.

There were no involuntary or coercive medical or psychological practices specifically targeting LGBTQI+ individuals. Conversion therapy is practiced, but information about specific cases rarely reached advocates. Activists reported psychologists and other educational professionals in schools often asked LGBTQI+ students to conform to heteronormative standards and to act in accordance with the roles expected of the gender they were assigned at birth.

Violence against members of the LGBTQI+ community remained an issue. Coalition Margins documented 29 violations of LGBTQI+ persons’ rights, including 18 cases of hate speech. Two of the documented cases that likely constituted hate crimes were reported to the police. On his way home after the Pride Parade, one participant was physically attacked because of his sexual orientation. The case was reported to the police. The attack was recognized as a hate crime, but no information was available on any subsequent prosecution. In another case, a couple reported being attacked in a city park, but alleged the police refused to register their complaint. Police wrote in the report that the victims were “two female friends,” not a couple. Other reported cases involved homophobic and sexual harassment in the workplace and domestic violence. On November 29, LGBTQI+ and other human rights activists protested before the Public Prosecutor’s Office for lack of an investigation into five separate attacks in 2012 and 2013 against LGBTQI+ individuals, including a violent attack against an LGBTQI+ activist, and the demolishing of an LGBTQI+ community center in Skopje. According to the LGBTQI+ community, the impunity of the attacks instilled fear among LGBTQI+ individuals and incited direct and public threats against members of this community and their families and friends.

In June local CSOs organized the third annual Skopje Pride parade. Government officials, including the president and the ministers of defense, education, culture, and social policy, participated in pride events. Opposition politicians did not participate, and opposition party VMRO-DPMNE issued a statement accusing the government of hypocrisy by supporting the parade on account of it “brutally violating” the fundamental rights of other citizens. Pride events coincided with a rise in incidents of hate speech and targeting of LGBTQI+ individuals. Seven cases were reported to the police and public prosecutors. As of October 4, none of these cases had been processed by the authorities.

Norway

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law prohibits discrimination based on sexual orientation and gender identity in housing, employment, citizenship law, and access to government services such as health care. While violence motivated by discriminatory attitudes towards transgender persons is not considered a hate crime, crimes based on discriminatory attitudes towards sexual orientation can be treated as aggravating circumstances.

According to NGOs and research institutes, including the Institute for Social Research, and the Organization for Sexual and Gender Diversity, hate speech on the internet against lesbian, gay, bisexual, transgender, queer, and intersex persons (LGBTQI+) continued to be a problem. ECRI noted a survey among LGBTQI+ pupils, in which 37 percent of the respondents stated they had been bullied by other pupils and 24 percent by teachers. Youths who were harassed with anti-LGBTQI+ bullying had higher rates of depression.

ECRI stated civil society believed that implementation of Safety, Diversity, Openness, the latest national action plan on LGBTQI+ issues, which launched in 2016, was slow and that there have been only a few concrete initiatives with little funding.

Oman

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law criminalizes consensual same-sex sexual conduct and consensual heterosexual sex outside of marriage with a jail term of six months to three years, but it requires a spouse or guardian complaint to initiate prosecution, independent of gender. The government did not actively enforce this provision, and there were no public records of potential prosecutions.

The law identifies “crossdressing” (defined as males dressing in female clothing) as a criminal act punishable by up to one year’s imprisonment, a fine of 100 to 300 rial (approximately $260 to $780), or both.

Public discussion of sexual orientation and gender identity remained a social taboo. There were no known lesbian, gay, bisexual, transgender, queer, or intersex (LGBTQI+) organizations active in the country, although regional human rights organizations focused on the human rights of LGBTQI+ citizens. Authorities took steps to block LGBTQI+-related internet content as well as international films that featured LGBTQI+ characters.

Information was not available on official or private discrimination in employment, occupation, housing, statelessness, or access to education or health care based on sexual orientation and gender identity. There were no government efforts to address discrimination against LGBTQI+ persons.

Pakistan

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Consensual same-sex sexual conduct is a criminal offense. The penalty for conviction of same-sex relations is a fine, two years to life imprisonment, or both. Although not enforced since the 1985 lifting of martial law, the Hudood Ordinance of 1979 criminalizes sexual intercourse outside of marriage in accordance with sharia, with penalties of whipping or, potentially, death. There have been disputes as to whether the Hudood Ordinance notionally applies to both opposite-sex and same-sex conduct, but there were no known cases of the government applying the ordinance to same-sex conduct, and there have been no known cases of executions for homosexuality. LGBTQI+ persons rarely revealed their sexual orientation or gender identity in the public sphere. There were communities of openly transgender women, but they were marginalized and were frequently the targets of violence and harassment.

Violence and discrimination continued against LGBTQI+ persons. The crimes often went unreported, and police generally took little action when they did receive reports.

In 2019 the inspector general of police announced that the government would provide 0.5 percent of the office jobs in the Sindh police force to members of the transgender community. Transgender activists stated police had not implemented this plan. In 2020 Rawalpindi police launched a pilot project to protect transgender individuals. The project, called the Tahafuz Center, included the first transgender victim-support officer, who was also a member of the transgender community.

On February 11, unidentified assailants shot two transgender persons in the Madukhalil area of Gujranwala District in Punjab. On April 5, armed men entered the house of a 65-year-old transgender person, Mumtaz, and shot and killed her in Karachi. On July 15, the HRCP expressed concern that violence against the transgender community in Karachi was growing.

On April 8, police found the body of a 25-year-old transgender woman who was allegedly burned alive in Nishtar Colony of Lahore. On August 11, police found the body of a transgender person in Shah Khalid colony of Rawalpindi District, Punjab.

A local NGO reported that prison officials in Khyber Pakhtunkhwa held transgender prisoners separately and that the provincial government formed a jail oversight committee to improve the prison situation. Khyber Pakhtunkhwa police stations have a dedicated intake desk for transgender persons and have added transgender rights education to police training courses. Local NGOs working in the Islamabad Capital Territory and Punjab conducted transgender sensitization training for police officers. In October the country’s first governmental Transgender Protection Center opened in Islamabad to provide legal aid, psychological counseling, and health and rehabilitation services for the transgender community. In June the federal Ministry of Human Rights held an awareness-raising and sensitization workshop for Islamabad police regarding laws related to child domestic workers, child abuse, and transgender persons.

According to LGBTQI+ NGOs and activists, society generally shunned transgender women, eunuchs, and intersex persons, who often lived together in slum communities and survived by begging and dancing at carnivals and weddings. Some also worked as prostitutes. Local authorities often denied transgender individuals their share of inherited property and admission to schools and hospitals. Property owners frequently refused to rent or sell property to transgender persons. The law accords the right of transgender individuals to be recognized according to their “self-perceived gender identity,” provides for basic rights, prohibits harassment of transgender persons, and outlaws discrimination against them in employment, housing, education, health care, and other services. No such law, however, protects the rights of lesbian, gay, or bisexual individuals.

A Supreme Court ruling allows transgender individuals to obtain national identification cards listing a “third gender.” Because national identity cards also serve as voter registration, the ruling enabled transgender individuals to participate in elections, both as candidates and voters.

Palau

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

No laws addressed sexual orientation and gender identity. There were no reports of violence or discrimination based on sexual orientation or gender identity.

Panama

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

During the COVID-19 pandemic, LGBTQI+ persons reported harassment by public-health officials, but there were no public reports of police harassment during the year.

In June, LGBTQI+ activists organized two Pride Month parades in Panama City. Early in the month, the private Museum of Liberty and Human Rights raised the Pride flag, but days later it was vandalized by a group of “profamily” and anti-same-sex marriage activists during a protest outside the museum. Part of the museum’s board decided not to raise the flag again. As a result, five board members submitted their resignations to the board’s president in protest. The Canal Museum also raised the Pride flag but later took it down upon receiving a government request citing a law that stipulate only the Panamanian flag can be flown in government buildings. The Canal Museum is a joint private-public venture and received public funding.

The law does not prohibit discrimination based on sexual orientation. There was societal discrimination based on sexual orientation and gender identity, which often led to denial of employment opportunities. Same-sex marriage continued to be prohibited by law. As of October the Supreme Court had not ruled on the 2016 class-action lawsuit requesting the article of the family code that refers to marriage as “the union of a man and a woman,” and thus forbids same-sex legal unions, be declared unconstitutional. Panamanian same-sex couples who were married abroad were not allowed to legally register their marriage. In September the Supreme Court did not admit a writ of mandamus filed by a local law firm against the Civil Registry’s decision not to register the same-sex marriage of a Panamanian citizen and his Colombian spouse held in Colombia in 2017.

Papua New Guinea

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Consensual same-sex sexual relations and acts of “gross indecency” between men are illegal. The maximum penalty for same-sex sexual relations is 14 years’ imprisonment and for acts of gross indecency between male persons (a misdemeanor), three years’ imprisonment. There were no reports of prosecutions directed at gay, bisexual, transgender, queer, or intersex men under these provisions during the year. There were reports of societal violence against such persons, which police were disinclined to investigate, and discrimination against them. Their vulnerability to societal stigmatization or violent retaliation may have led to underreporting.

Paraguay

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

No laws explicitly prohibit discrimination against LGBTQI+ persons, and cases of violence and discrimination occurred.

On November 11, transgender woman Gabi Cabrera was killed in San Lorenzo Municipality, which borders Asuncion. Cabrera’s partner found her body hanging from a tree. Media reported Cabrera had previously been violently attacked by a group of men on November 6 for being transgender. As of November 29, authorities continued to investigate Cabrera’s death.

As of October the Public Ministry continued to investigate allegations from July 2020 that coast guard sailors in Ciudad del Este targeted three transgender women for torture and abuse because of their sexual orientation and gender identity.

The law does not allow individuals to officially change their birth names to anything that could “cause confusion over the person’s sex.” As a result, transgender individuals must maintain names on their vital documents that do not match their gender identity. LGBTQI+ rights activists report this created difficulties for transgender individuals when accessing essential services, including denial of those services.

Peru

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Discrimination, harassment, and abuse of transgender individuals, including by police and other authorities, was a serious problem. Lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons were particularly vulnerable to human trafficking and largely lacked access to comprehensive protective services.

The constitution includes a broad prohibition against discrimination, and individuals may file legal claims of discrimination based on sexual orientation or gender identity. Few national laws, however, mention sexual orientation and gender identity as explicit categories for protection from discrimination, which left room for interpretations that overlook rights for LGBTQI+ persons. Some regions and municipalities, including Piura, La Libertad, Loreto, and San Martin, had regulations that explicitly prohibit discrimination against LGBTQI+ persons and provide administrative relief but not criminal sanctions.

The law does not provide transgender persons the right to update their national identity documents to reflect their gender identity, instead requiring a long, expensive legal challenge process with unpredictable results. Transgender persons, therefore, often did not have valid national identification cards, which limited their access to government services. In September Dania Calderon became the country’s first transgender woman to change her gender marker. The case was atypical, because Calderon changed the gender on her national identity document without gender-reassignment surgery. In 2020 courts ordered the National Identity and Civil Status Registry to allow citizens to change their gender, name, and picture to reflect their current identity, but the registry had allowed only for name changes and would approve changing one’s gender on the document only after receiving proof of completed gender-reassignment surgery.

Government officials, NGO representatives, journalists, and civil society leaders reported official and societal discrimination against LGBTQI+ persons in employment, housing, education, law enforcement, and health care based on sexual orientation and gender identity. NGO representatives reported law enforcement authorities repeatedly failed to protect and, on occasion, violated the rights of LGBTQI+ citizens.

Philippines

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

National laws neither criminalize consensual same-sex sexual conduct among adults nor prohibit discrimination based on sexual orientation and gender identity. Outright International, a lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) NGO, estimated 29 cities, provinces, barangays, and municipalities had enacted a version of an antidiscrimination ordinance that protects LGBTQI+ rights.

Officials prohibit transgender individuals from obtaining passports that reflect their gender identity. Authorities print the gender at birth, as reported on the birth certificate, in the individual’s passport, which posed difficulty for transgender persons seeking to travel, such as instances of transgender individuals being denied boarding on aircraft.

NGOs reported incidents of discrimination and abuse against LGBTQI+ persons, including in employment, education, health care, housing, and social services. On May 18, three men allegedly killed transgender man Ebeng Mayor after raping and physically abusing her. The three reportedly knew Mayor and spent the evening at a bar with her. The alleged killers were arrested on May 22 and faced rape and murder charges. In June a Cotabato City local radio station reported through a social media post, which was later deleted, that residents of Ampatuan town in the BARMM forcibly shaved the heads of neighbors said to be members of the LGBTQI+ community. The alleged perpetrators justified the deed, claiming that “being gay or lesbian is against Islam.” Mindanao LGBTQI+ groups and human rights groups condemned the action, declaring that religion does not justify bigotry.

Poland

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

While the constitution does not prohibit discrimination on the specific grounds of sexual orientation, it prohibits discrimination “for any reason whatsoever.” The laws on discrimination in employment cover sexual orientation and gender identity but hate crime and incitement laws do not. The government plenipotentiary for equal treatment is charged with monitoring discrimination against LGBTQI+ individuals and groups. LGBTQI+ advocacy groups, however, criticized the plenipotentiary office for a lack of interest and engagement in LGBTQI+ questions. The ombudsperson also continued to work on LGBTQI+ human rights cases.

During the year some government officials made anti-LGBTQI+ or homophobic public statements. On June 23, Education and Science Minister Przemyslaw Czarnek criticized participants in LGBTQI+ pride parades for causing “public demoralization” and promoting “deviancy.” He said that those who participated in such parades “do not have the same public rights” as “a person behaving in accordance with standards and norms, who does not demoralize.” On June 28, Czarnek said the country should adopt a law that prohibits schools from using materials seen as promoting homosexuality.

During the year there were several physical and verbal attacks against members of the LGBTQI+ community. On February 17, a man approached a gay couple holding hands in Warsaw and stabbed one of the men. Police published a sketch of the suspect, but no arrests had been made as of November.

On March 17, several members of an LGBTQI+ sports group were attacked during an outdoor training session in the city of Gdansk. Several men disrupted the training, shouted homophobic slurs, and physically attacked two men in the sports group who were later taken to the hospital for medical evaluation. In July the Gdansk district prosecutor’s office discontinued its investigation into the incident. On May 26, an unknown perpetrator physically attacked a man in Wroclaw because he appeared to be gay, according to the victim. Police published a photograph of the suspect from surveillance cameras, but no arrests were made as of November. On February 25, the Czestochowa regional court convicted a night club security guard for physically attacking a woman who was wearing clothing with a rainbow-colored heart. The court imposed a three-year ban on working as a security guard and a three-year restraining order to protect the victim. The court also ordered the perpetrator to pay a fine and compensation to the victim. On May 9, the Poznan regional court sentenced a man to 18 months of community service for attacking an LGBTQI+ couple in Poznan in December 2020. The couple was walking along the street in the city center when a man verbally abused them and threatened them with a knife.

On July 14, the European Commission initiated an infringement procedure against the country for failure to fully and appropriately respond to the Commission’s inquiry regarding the nature and impact of what LGBTQI+ activists and critics call “LGBT-free zone” resolutions adopted by dozens of local governments across the country in 2019 and 2020. These resolutions did not explicitly call for “LGBT-free” zones but focused in varying degrees on preventing “LGBT ideology” in schools, called for protection of children against moral corruption, and declared marriage as a union between a woman and a man only.

The commission expressed concerns the declarations may violate EU law regarding nondiscrimination on the grounds of sexual orientation. On September 3, the European Commission sent a letter to five provinces that adopted the resolutions, urging them to abandon the declarations and notifying them the commission had suspended discussions on payment of several billion euros in EU funds because of the adoption of the declarations. On September 15, the country’s deputy minister for funds and regional policy sent a letter to all local governments to review declarations to ensure the texts did not contain any discriminatory elements. By the end of September, all five provinces as well as several lower local government units had either repealed or revised the declarations to attempt to satisfy commission concerns. As of October 18, the commission had not commented if the changes were sufficient to restore funding.

On July 2 and September 24, the Supreme Administrative Court returned four legal challenges by the ombudsperson against anti-LGBTQI+ resolutions to provincial administrative courts for another review regarding the municipalities of Lipinki and Niebylec, and the counties of Tarnow and Ryki. Earlier in 2020 and in February of 2021, provincial courts had rejected the complaints, arguing that the declarations could not be reviewed by administrative courts.

As a result of a complaint filed by the human rights ombudsperson in 2019, in July 2020 the Gliwice Provincial Administrative Court struck down a declaration adopted by the Istebna municipality. The court ruled the anti-LGBTQI+ declaration violated administrative law and the constitution, in particular the ban against discrimination on the grounds of sexual orientation and gender identity. Minister of Justice and Prosecutor General Zbigniew Ziobro sent appeals against the ruling and a similar one regarding a declaration in the Klwow municipality to the Supreme Administrative Court in September 2020, but the court had not issued a ruling as of December 6.

On January 12, the human rights ombudsperson announced the Supreme Administrative Court ruled in December 2020 that a transgender person who underwent gender reassignment procedure abroad had the right to receive a passport with her new legal identity. Authorities initially refused to update the citizen’s documents to reflect the change.

Portugal

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The constitution and the law prohibit discrimination by state and nonstate actors based on sexual orientation and gender identity, including with respect to essential goods and services such as housing, employment, and access to government services such as health care. The government generally enforced such laws effectively. The law allows transgender adults to update their names and gender markers in the civil registry to reflect their gender identities without having to submit a medical certificate. Transgender minors who are 16 or 17 can also update their names and gender markers in the civil registry to reflect their gender identities, but they must present a clinical report.

Qatar

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons faced discrimination under the law and in practice. The law prohibits consensual same-sex sexual conduct between men but does not explicitly prohibit same-sex sexual relations between women. Under the law a man convicted of having sexual relations with a boy younger than age 16 is subject to a sentence of life in prison. A man convicted of having same-sex sexual relations with a male 16 years of age or older may receive a sentence of seven years in prison. Under sharia law homosexuality is punishable by death; there were no reports of any executions for this reason.

In addition to banning sex outside marriage for all persons, the law provides penalties for any male, Muslim or not, who “instigates” or “entices” another male to commit an act of sodomy or immorality. Under the penal code, “leading, instigating, or seducing a male by any means for sodomy or dissipation” and “inducing or seducing a male or a female by any means to commit illegal or immoral actions” is punishable by up to three years’ imprisonment.

There were no public reports of violence against LGBTQI+ persons, who largely hid their sexual orientation, gender identity, or gender expression due to an underlying pattern of discrimination toward LGBTQI+ persons. There were no government efforts to address potential discrimination, nor are there antidiscrimination laws to protect LGBTQI+ individuals on the basis of sexual orientation, gender identity or expression, or gender expression.

Due to social and religious conventions, there were no LGBTQI+ organizations, pride marches, or LGBTQI+ rights advocacy events. Information was not available on official or private discrimination in employment, occupation, housing, statelessness, or access to education or health care based on sexual orientation and gender identity.

Republic of the Congo

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

No law specifically prohibits consensual same-sex sexual conduct between adults. The law prescribes imprisonment of three months to two years and a fine for those who commit a “public outrage against decency” with minors. The law prescribes a punishment of six months to three years’ imprisonment and a fine for anyone who “commits a shameless act or an act against nature with an individual of the same sex under the age of 21.” Authorities did not invoke the law to arrest or prosecute LGBTQI+ persons. On occasion, however, to elicit a small bribe, police officers harassed gay men and claimed the law prohibited same-sex sexual conduct.

Local NGOs reported limited violence by government authorities and private citizens against LGBTQI+ persons. Authorities investigated and punished these acts of violence. Surveys of LGBTQI+ persons by local NGOs indicated most violence occurred among persons within the same family. According to local NGOs, incidents of violence toward LGBTQI+ persons rose due to economic hardships and forced confinement due to the COVID-19 pandemic.

No law prohibits discrimination against LGBTQI+ persons in housing, employment, nationality laws, and access to government services. There were no reports of involuntary or coercive medial or psychological practices specifically targeting LGBTQI+ persons.

Romania

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The LGBTQI+ rights NGO ACCEPT reported that as of October a criminal investigation was pending against several police officers who allegedly abused a transgender woman. According to ACCEPT, in December 2020 several members of the Bucharest police forcefully removed the woman from a bus following a verbal argument she had with passengers who harassed her. Police restrained her, threw her on the ground, handcuffed her, and forced her into their car. The victim stated that while in custody, police made transphobic and homophobic remarks, used physical violence, threatened to intern her in a psychiatric hospital, and took pictures while humiliating her.

According to ACCEPT, hate crimes were severely underreported and authorities have not initiated prosecution in any reported LGBTQI+ hate crime case since 2006.

A survey of LGBTQI+ persons carried out by the EU’s Fundamental Rights Agency in 2020 revealed that 15 percent of respondents had experienced a physical or sexual attack motivated by the victim’s sexual orientation or gender identity during the previous five years. Of the respondents who described the most recent physical or sexual attacks, only 4 percent reported the incidents to authorities due to fear of discrimination. As many as 28 percent of respondents indicated fear of a homophobic reaction, transphobic reaction, or both from police as the reason for not reporting a physical or sexual attack.

The law prohibits discrimination based on sexual orientation. NGOs reported that societal discrimination against LGBTQI+ persons was common but severely underreported. The legal provisions governing legal gender recognition for transgender persons were vague and incomplete. In some cases authorities refused legal gender recognition unless an individual had first undergone sex reassignment surgery.

In January the ECHR ruled on a case involving two transgender persons who, between 2013 and 2017, requested the courts to recognize their gender identity. The ECHR noted that the government’s refusal to legally recognize the applicants’ gender reassignment in the absence of sex reassignment surgery amounted to unjustified interference with their right to respect for their private life.

Access to adequate psychological and health services was also limited because some psychologists refused to accept transgender patients and medical staff discriminated against them. Intersex individuals faced several challenges, including extreme social stigma and frequent distrust of doctors, that deterred them from seeking medical treatment. In September the mayor of the city of Iasi tried to cancel a pride march organized by the LGBTQI+ rights NGOs ACCEPT and Rise Out by withholding final approval of the event and citing religious reasons and public opposition. Eventually, the march took place on October 1, as planned by the organizers.

Russia

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

During the year there were reports state actors committed violence against LGBTQI+ individuals based on their sexual orientation or gender identity, particularly in Chechnya (see section 1.b.).

There were reports that government agents attacked, harassed, and threatened LGBTQI+ activists.  For example, Meduza reported that Dagestani police forcibly returned Khalimat Taramova, a 22-year-old woman and victim of domestic violence, to Chechnya after she escaped to a women’s shelter in Makhachkala following threats by her family and local police due to her sexual orientation.  In a statement on June 12, Chechen minister Akhmed Dudayev praised law enforcement for having “foiled an attempted kidnapping” by “instigators.”  On the same day, the Russian LGBT Network said it would file a complaint with the ECHR about Taramova’s abduction and expressed concern that her sexual orientation placed her at risk of further abuse in Chechnya.

LGBTQI+ persons were targets of societal violence, and police often failed to respond adequately to such incidents.  For example, in March an LGBTQI+ activist from Murmansk, Valentina Likhoshva, reported to police that she had received threats after receiving an international award recognizing her contributions to social justice and human rights in the Barents region.  Media outlets reported that police subsequently refused to investigate her claims, commenting that because the threats came by email, their validity could not be determined.

During the year authorities acted on a limited basis to investigate and punish those complicit in societal violence and abuses by the state.  For example, on January 12, a court in Yekaterinburg sentenced Pavel Zuyev to five years in prison on robbery charges after he beat and robbed two gay men in September 2020.  The court determined that Zuyev assaulted the men due to their sexual orientation and ordered him to compensate them financially for emotional damages.

In 2020 the Russian LGBT Network released a report that showed 12 percent of LGBTQI+ respondents in a survey had experienced physical violence, 4 percent had experienced sexual violence, and 56 percent had experienced psychological abuse during their lifetime.  The report noted that LGBTQI+ persons faced discrimination in their place of study or work, when receiving medical services, and when searching for housing.  The report also noted that transgender persons were uniquely vulnerable to discrimination and violence.  The Russian LGBT Network claimed that law enforcement authorities did not always protect the rights of LGBTQI+ individuals and were sometimes the source of violence themselves.  As a result, LGBTQI+ individuals had extremely low levels of trust in courts and police.

A homophobic campaign continued in state-controlled media in which officials, journalists, and others derided LGBTQI+ persons as “perverts,” “sodomites,” and “abnormal,” and conflated homosexuality with pedophilia.

There were reports police conducted involuntary physical exams of transgender or intersex persons.  In April a St. Petersburg court ordered a transgender man, Innokentiy Alimov, to undergo a gynecological examination to determine his gender, on the basis of which he was transferred to a women’s detention center.  Alimov was sentenced to four and one-half years in prison in a drug trafficking case and spent at least two months in a “punishment cell,” which prison authorities argued was a safer place than among the general population.

The Association of Russian-speaking Intersex reported that medical specialists often pressured intersex persons (or their parents if they were underage) into having so-called normalization surgery without providing accurate information about the procedure or what being intersex meant.

The law criminalizes the distribution of “propaganda” of “nontraditional sexual relations” to minors and effectively limits the rights of free expression and assembly for citizens who wish to advocate publicly for LGBTQI+ rights or express the opinion that homosexuality is normal.  Examples of what the government considered LGBTQI+ propaganda included materials that “directly or indirectly approve of persons who are in nontraditional sexual relationships” (see section 2.a.).  Authorities charged feminist and LGBTQI+ rights defender Yuliya Tsvetkova with the criminal offense of disseminating pornography online after she shared images depicting female bodies on her social media accounts.  Tsvetkova’s trial began on April 12 and continued as of December.

The law does not prohibit discrimination by state or nonstate actors against LGBTQI+ persons with respect to essential goods and services such as housing, employment, or access to government services such as health care.

LGBTQI+ persons reported significant societal stigma and discrimination, which some attributed to official promotion of intolerance and homophobia.  In July a large health-food retail chain, VkusVill, ran and later apologized for an ad featuring a gay couple shopping in the store, which was part of a campaign featuring shoppers who visit the chain.  Media outlets reported that the initial reaction to the ad was generally positive.  As responses became increasingly critical, however, the chain was accused of promoting homosexuality.  Its leadership removed the ad and apologized for “hurting the feelings of a large number of buyers, employees, partners and suppliers.”

High levels of employment discrimination against LGBTQI+ persons reportedly persisted.  Activists asserted that the majority of LGBTQI+ persons hid their sexual orientation or gender identity due to fear of losing their jobs or homes, as well as the risk of violence.  LGBTQI+ students also reported discrimination at schools and universities.

Medical practitioners reportedly continued to limit or deny LGBTQI+ persons health services due to intolerance and prejudice.  The Russian LGBT Network’s report indicated that, upon disclosing their sexual orientation or gender identity, LGBTQI+ individuals often encountered strong negative reactions and the presumption they were mentally ill.  According to a poll conducted in July by the government-controlled Russian Public Opinion Research Center, 23 percent of respondents considered members of the LGBTQI+ community to be “sick people who need help,” an opinion mainly held by men and persons older than age 60.

Transgender persons faced difficulty updating their names and gender markers on government documents to reflect their gender identity because the government had not established standard procedures, and many civil registry offices denied their requests.  When documents failed to reflect their gender identity, transgender persons often faced harassment by law enforcement officers and discrimination in accessing health care, education, housing, transportation, and employment.

There were reports LGBTQI+ persons also faced discrimination in parental rights.  The Russian LGBT Network reported LGBTQI+ parents often feared that the country’s prohibition on the “propaganda of nontraditional sexual orientation” to minors would be used to remove custody of their children.  On February 15, the ECHR inquired with Russian authorities on behalf of a transgender man who lost guardianship of his two foster children when authorities in Yekaterinburg learned that he had begun to change his gender.  The man was granted asylum in Spain.

Rwanda

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Advocates reported law enforcement officials routinely abused LGBTQI+ persons in transit centers, with transgender persons targeted for particularly severe hate speech and violence. The government did not report investigating these cases.

No laws criminalize sexual orientation or consensual same-sex sexual conduct between adults. The law does not explicitly prohibit discrimination against LGBTQI+ persons in housing, employment, nationality laws, or access to government services such as health care. Cabinet-level government officials expressed support for the human rights of all persons regardless of sexual orientation, but LGBTQI+ persons reported societal discrimination and abuse, including problems officially registering NGOs.

Other Societal Violence or Discrimination

Laws protecting persons with disabilities applied to persons with albinism, but persons with albinism continued to experience persistent societal discrimination.

Saint Kitts and Nevis

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law criminalizes consensual same-sex sexual conduct among men under an “unnatural offenses” statute that carries a penalty of up to 10 years in prison. There were no reports the government enforced the law in recent years.

No laws prohibit discrimination against a person based on sexual orientation or gender identity in matters regarding essential goods and services and access to government services, such as health care.

The government stated it received no reports of violence or discrimination based on sexual orientation, but some observers suggested there was underreporting due to negative societal attitudes.

Saint Lucia

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Civil society representatives reported widespread societal discrimination against lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons. Some openly LGBTQI+ persons faced verbal harassment and physical abuse, including a reported public attack on a gay man walking in the street. Civil society groups reported LGBTQI+ persons were forced to leave public buses, denied jobs, or left jobs due to a hostile work environment.

The law criminalizes consensual same-sex sexual acts of “gross indecency” (defined as sexual acts other than intercourse) as well as “buggery” (consensual intercourse between men) with a maximum penalty of up to 10 years in prison. Attempted consensual sexual intercourse between men is punishable by five years in prison. None of these laws was enforced in practice.

The law does not extend antidiscrimination protections to sexual orientation, gender identity, gender expression, or sex characteristics, with one exception in the context of employment (see section 7). The government funded NGOs that provided services to LGBTQI+ persons. Major gaps existed on LGBTQI+ topics, such as a lack of training and understanding of important LGBTQI+ matters. A lack of inclusive policy guidance allowed individual health providers or other service providers to deny services to LGBTQI+ persons based on the providers’ personal beliefs.

Saint Vincent and the Grenadines

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Consensual same-sex sexual conduct between adults is illegal under gross indecency statutes, and sexual conduct between men is illegal under anal intercourse laws. Indecency statutes carry a maximum penalty of five years’ imprisonment, and anal intercourse carries a maximum penalty of 10 years in prison, although these laws were rarely enforced. No laws prohibit discrimination against a person based on sexual orientation or gender identity.

Local civil society organizations continued to note an increase in physical and verbal attacks on lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons. In sentencing two men who had pleaded guilty to assaulting and robbing an LGBTQI+ person in a 2018 incident, a High Court judge declared in October that the court “could not turn a blind eye to….the underlying theme of these offenses,” calling for all citizens “regardless of their orientation….to be allowed to live their lives in peace.” The offenders faced up to 44 years in prison but were instead given suspended sentences and minimal monetary fines.

Samoa

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

“Sodomy” is illegal, with a maximum penalty of five years’ imprisonment. The law also prohibits renting, leasing, occupying, or managing any premises used for the commission of “indecent acts” between males, with a maximum penalty of seven years’ imprisonment. Authorities did not enforce these provisions regarding consensual same-sex sexual conduct between adults.

Although there were no reports of societal violence based on sexual orientation or gender identity, there were isolated cases of discrimination. Although society accepted the traditional Polynesian faafafine (transgender, nonbinary) community, which plays a prominent role in the country, members of the community reported instances of social discrimination.

San Marino

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law forbids discrimination based on sex or sexual orientation, personal, economic, social, political, or religious status.

The law provides that, when a person commits an offense motivated by hostility toward the victim’s sexual orientation, courts should consider such motivation as an aggravating circumstance when imposing sentence. The law prohibits persons from committing or encouraging others to commit discriminatory acts on the grounds of sexual orientation.

Sao Tome and Principe

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law does not criminalize consensual same-sex sexual conduct. Antidiscrimination laws do not explicitly extend protections to lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons based on their sexual orientation, gender identity, or sex characteristics. There were occasional reports of societal discrimination, primarily rejection by family and friends, based on an individual’s LGBTQI+ status. While there were no official impediments, LGBTQI+ organizations did not exist.

Saudi Arabia

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Under sharia, as interpreted in the country, consensual same-sex sexual conduct is punishable by death or flogging, depending on the perceived seriousness of the case. It is illegal for men “to behave like women” or to wear women’s clothes, and vice versa. Due to social conventions and potential persecution, lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) organizations did not operate openly, nor were there LGBTQI+ rights advocacy events of any kind. There were reports of official and societal discrimination, physical violence, and harassment based on sexual orientation or gender identity in employment, housing, access to education, and health care. Clerics condemned homosexuality during government-approved Friday sermons at some mosques.

During the year local newspapers featured opinion pieces condemning homosexuality and calling on authorities to punish harshly individuals engaging in same-sex relations.

On October 24, local media reported that Northern Borders Province police arrested and referred for prosecution five men who appeared in public in women’s clothing. The men filmed themselves and posted the video on social media in an apparent attempt to attract more social media followers. A police spokesman described their conduct as “inconsistent with the public morals of society.”

Observers at the December MDLBeast Soundstorm music festival reported that it included the public display of LGBTQI+ culture.

Senegal

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

LGBTQI+ persons faced widespread social intolerance and acts of violence. LGBTQI+ individuals were subject to frequent threats, mob attacks, robberies, expulsions, blackmail, and rape. Authorities sometimes condoned or tolerated these abuses.

Consensual same-sex sexual activity between adults, referred to in law as an “unnatural act,” is a criminal offense punishable by up to 5 years in prison; however, the law was rarely enforced.

No laws prevent discrimination based on sexual orientation or gender identity, nor are there hate crime laws that could be used to prosecute crimes motivated by bias against LGBTQI+ persons. LGBTQI+ persons faced widespread discrimination, and LGBTQI+ activists complained of discrimination in access to social services. The government and cultural attitudes remained heavily biased against LGBTQI+ individuals.

In February anti-LGBTQI+ activists, seeking to further stigmatize LGBTQI+ persons, circulated a petition calling on the National Assembly to increase the penalties for “unnatural acts.”

On May 23, a large anti-LGBTQI+ rally in Dakar drew thousands of participants. The march included several prominent politicians and civil society leaders who openly expressed anti-LGBTQI+ sentiments.

According to media accounts, at least 150 gay men received threats in May and June, causing some to flee their homes. Between June 6 and 9, unknown individuals assaulted at least four persons perceived to be gay men or gender non-conforming. Each attack was captured on a video that was released publicly, potentially revealing the person’s identity. In each incident police arrested the victim and held them in detention until June 11 or shortly thereafter and then released them.

Serbia

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Although the law prohibits discrimination based on sexual orientation, sex characteristics and gender identity, the law does not describe specific areas in which discrimination is prohibited but was generally interpreted as applying to housing, employment, nationality laws, and access to government services such as health care. The government did not enforce these laws effectively, and violence and discrimination against members of the lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) community were serious problems. According to available research, most LGBTQI+ persons experienced psychological problems, physical attacks, problems in family and school, in employment, public spaces, and institutions. They also reported suffering from depression, anxiety, and receiving death threats.

NGOs stated that members of the LGBTQI+ community were exposed to threats, violence, discrimination, marginalization, and rejection but also noted a positive change in public perception of LGBTQI+ persons. Research by the civil rights NGOs Geten and the Center for Rights of LGBT Persons, respectively, noted increased support for the protection of the community from discrimination and violence and the adoption of gender identity laws. On May 17, the International Day against Homophobia, Transphobia, and Biphobia, the ombudsman stated that existing laws needed to be amended and new laws adopted to allow members of the LGBTQI + community to fully enjoy their rights, including legal regulation of adjusting sex and gender identity. On May 27, the antidiscrimination law was amended to include recognition of sex characteristics as a basis for the prohibition of discrimination.

In response to a recommendation from the commissioner for equality, the Health Ministry removed persons with a history of homosexual relations from the list of “banned” donors of reproductive cells and embryos. NGOs noted that despite this positive step, discrimination against gay and bisexual men continued as persons who self-declared as engaging in anal sex remained banned as donors. In 2018 the courts issued their first verdict under the country’s hate-crime provisions. Hate crimes are not stand-alone offenses but can be deemed an aggravating factor to be considered during sentencing. The case involved multiple episodes of domestic violence perpetrated against a gay man by his father in the family home. The perpetrator received a three-year suspended sentence. Activists criticized the sentence as being too light because the perpetrator would not serve prison time if he met the conditions of his suspended sentence.

The annual Belgrade Pride parade was held on September 18 without the incidents of violence that had marred previous parades. Right-wing organizations held a protest march in which individuals shouted slurs against the LGBTQI+ community and burned rainbow flags, but police prevented them from interfering with the Pride Parade. On three separate occasions during Belgrade’s September 14-20 Pride Week, the office of an organization whose members participated in Pride Week events was vandalized with spray-painted homophobic slurs and Nazi symbols.

Seychelles

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

In 2016 consensual same-sex sexual conduct between men was decriminalized. Same-sex sexual conduct between women was never criminalized. There were few reports of discrimination against LGBTQI+ persons, although activists stated discrimination and stigma were common. LGBTQI+ activists stated that there had been no progress in furthering their rights since the change in the law. LGBTQI+ persons stated that the government discriminated against them when applying for social housing or resident and work permits for same-sex spouses.

Sierra Leone

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

As of August there was no information regarding any action by government authorities to investigate or punish public entities or private persons complicit in abuses against LGBTQI+ persons.

The law criminalizes same-sex sexual activity between men. There is no legal prohibition against sexual activity between women. The law was not enforced.

The law does not offer protection from discrimination based on gender identity or sexual orientation. LGBTQI+ civil society organizations alleged that because the law prohibits sexual activity between men, it limits LGBTQI+ persons from exercising their freedoms of expression and peaceful assembly. The law, however, does not restrict the rights of persons to speak out on LGBTQI+ human rights. No hate crime law covers bias-motivated violence against LGBTQI+ persons.

A few organizations, including Dignity Association and the HRCSL, supported LGBTQI+ persons and engaged with activists, but maintained low profiles to protect their safety and identities. Although LGBTQI+ advocacy groups noted that police discrimination against LGBTQI+ individuals had not disappeared, they reported that police were increasingly treating LGBTQI+ persons with understanding.

LGBTQI+ advocates reported the community faced challenges ranging from violence, stigma, discrimination, blackmailing, and public attack to denial of public services such as health care and justice. Advocates reported LGBTQI+ persons faced no discrimination in schools, although pupil-on-pupil discrimination was prevalent. The government reportedly registered a transgender rights organization in 2018.

It was difficult for LGBTQI+ individuals to receive health services; many chose not to seek medical testing or treatment due to fear their right to confidentiality would be ignored and their sexual identity would be compromised. Obtaining secure housing was also a problem for LGBTQI+ persons. Families frequently shunned their LGBTQI+ children, leading some to turn to commercial sex to survive. Adults risked having their leases terminated if their LGBTQI+ status became public. Women in the LGBTQI+ community reported social discrimination from male LGBTQI+ persons and the general population.

Other Societal Violence or Discrimination

Community pressure and coercion to participate in traditional ceremonies and practices is prevalent in rural villages. In August the HRCSL reported chiefdom authorities in a village in Kenema District prevented a man and his family from entering their farm because they had not complied with traditional practices. As a Muslim, the man refused to pay for or participate in traditional rites to banish a spirit from the village. The HRCSL and other authorities worked to forestall further retaliatory actions by village leaders.

Singapore

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Section 377A of the Penal Code criminalizes consensual male-male sexual conduct, subject to up to two years’ imprisonment. Authorities have not enforced this law since 2010 and have stated since then that they do not intend to do so. There were no indications the provision was used intentionally to intimidate or coerce. Its existence, however, intimidated some gay men, particularly those who were victims of sexual assault but would not report it to police for fear of being charged with violating Section 377A.

In January the Court of Appeal heard the appeal of three plaintiffs against a March 2020 High Court decision to dismiss a constitutional challenge to section 377A. In the hearing Chief Justice Sundaresh Menon declared that the 2007 political compromise to keep section 377A but not enforce it should be factored in when determining whether the law should be repealed. The court reserved judgment and a decision was pending as of October.

No laws explicitly protect the LGBTQI+ community from discrimination based on sexual orientation. Moreover, since single persons are prevented from purchasing government housing reserved for married couples until age 35 and same-sex marriage is not permitted, LGBTQI+ couples were unable to receive certain government services and benefits available to other citizens before reaching 35.

Same-sex partners were covered under the Protection from Harassment Act and enjoyed access to legal protections such as expedited protection orders in cases of harassment or violence, including by close and intimate partners.

LGBTQI+ persons experienced discrimination in the military, which classifies individuals by sexual orientation and evaluates them on a scale of “effeminacy” to determine fitness for combat training and other assignments. Openly gay servicemen faced threats and harassment from their peers and were often ostracized.

Individuals were prohibited from updating their gender on official documents unless they underwent sex reassignment surgery.

Critics remained concerned that media censorship resulted in underrepresentation of the LGBTQI+ community. In September, Heckin’ Unicorn, a local firm that sells pride products, maintains a blog, and supports LGBTQI+ initiatives, stated that in regulating media content with a classification system, the IMDA “through its legally enforceable guidelines” played “a huge part in erasing LGBTQ+ voices in Singapore.” The IMDA censored films and television shows with LGBTQI+ themes. According to the IMDA website, authorities allow the broadcast of LGBTQI+ themes on television “as long as the presentation does not justify, promote, or glamorize such a lifestyle” (see section 2.a.).

In July police began to investigate a 23-year-old man who threatened violence against the LGBTQI+ community in a viral Instagram video and later issued him a 12-month conditional warning for criminal intimidation and intentionally causing alarm. Also in July police issued a two-year conditional warning to a man for harassing the staff of a restaurant in January and throwing at the staff a pride flag the shop had displayed.

The rights of transgender persons and the use of hormone therapy prompted a wider public debate after a transgender student accused the Ministry of Education in a January Reddit post of preventing her from beginning hormone replacement therapy and threatening to expel her from her all-boys school if she did not wear the boys’ uniform. Rejecting the accusations, the ministry stated it was in no position to interfere with a medical treatment and that the decisions lay with clinics and the parents in the case of minors. Several LGBTQI+ advocacy groups expressed solidarity with the student and declared that transgender persons faced violence and discrimination at home and in schools. This resulted in an unauthorized protest outside the ministry (see section 2.b.). In a parliamentary debate, then education minister Lawrence Wong cautioned that “issues of gender identity have become bitterly contested sources of division in the culture wars in some western countries and societies. We should not import these culture wars into Singapore or allow issues of gender identity to divide our society.”

Slovakia

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

LGBTQI+ organizations reported the law requires that persons seeking legal gender recognition provide confirmation from a medical practitioner that a person has undergone a “gender change” to obtain new identity documents. The law, however, does not define “gender change,” and experts criticized lack of official guidance. In practice authorities required confirmation that a person had undergone permanent sterilization before issuing new identity documents. NGOs also reported instances of public authorities not recognizing transition undergone abroad and requesting that persons undergo the process again in Slovakia.

Except in the case of university diplomas, the law does not allow educational establishments to reissue educational certificates with a new first name and surname to transgender individuals after they have transitioned. The law does allow institutions to issue such individuals new birth certificates reflecting the name with which they identify.

NGOs reported violence and online harassment of LGBTQI+ persons. In June a popular local clothing company received a wave of online anti-LGBTQI+ hate comments for posting a social media advertisement for its rainbow collection depicting two men holding hands. In May a kindergarten in Poprad issued a public apology after facing strong online backlash from parents and the public, who argued it promoted the LGBTQI+ community when it featured a rainbow in a weekly play put on by students. Also in May, a cultural center in Bratislava reported that its rainbow flag, flying in support of the International Day against Homophobia, Biphobia, and Transphobia, was torn down in broad daylight by a group of men. Organizers reported online hate speech, while an LGBTQI+ rights NGO reported an alleged violent incident took place in June in center of Bratislava only days before the Bratislava Pride month launch, during which several youths verbally assaulted a group of gay men and then proceeded to physically attack one of them, kicking him in the head, delivering multiple blows with a telescopic baton, and chasing the victim down a street. The victims later complained of inadequate reaction by police, with officers showing up late to the scene and not taking a formal report. The case was being investigated by the National Criminal Agency. During the August rainbow pride march in Kosice, a group of approximately 20 LSNS supporters gathered in protest and attempted to block the approximately 900 marchers. There were no reports of violence.

According to an EU Fundamental Rights Agency (FRA) survey released in 2020, more than three-quarters of Slovak same-sex couples reported fears of holding hands in public. The survey also indicated only 26 percent of members of the LGBTQI+ community openly declared their orientation and that 36 percent were afraid to visit certain sites for fear of being attacked. In total, 46 percent of members of the LGBTQI+ community felt discrimination in at least one area and at least one in five transgender and intersex persons reported being physically assaulted in the five years prior to the survey, double the number of other LGBTQI+ persons. The FRA survey found that only 8 percent of victims reported such an attack to the police and 6 percent alerted an equality body or other organization to discrimination.

The law prohibits discrimination based on sexual orientation and gender identity in employment, education, state social services, health care, and access to goods and services and identifies sexual orientation as a hate crime motivation that warrants stiffer sentences. NGOs reported the government did not always actively enforce these laws.

On November 3, the Committee for Rights of LGBTI Persons, a permanent expert body of the Government Council for Human Rights, National Minorities, and Gender Equality chaired by the minister of justice, adopted a formal resolution expressing concerns over repeated attempts by members of parliament throughout the year to pass laws that sought to ban legal gender transition and “promotion of homosexuality” in education and media.

Slovenia

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law prohibits discrimination against LGBTQI+ persons in housing, employment, nationality laws, and access to government services. The government enforced such laws effectively, but societal discrimination was widespread. According to NGOs, transgender persons remained particularly vulnerable to societal discrimination and targeted violence.

The Ministry of Labor, Family, Social Affairs, and Equal Opportunities and law enforcement authorities recorded incidents of violence against LGBTQI+ persons but did not track the number of cases. Local NGOs asserted that violence against LGBTQI+ persons was prevalent, but that survivors often did not report such incidents to police.

In January neo-Nazis posted anti-LGBTQI+ statements and videos to an online event organized by the LGBTQI+ NGO Legebitra, including the statement, “homosexuality is a sin of God” and videos and pictures of burning rainbow flags and Nazi marchers. According to a Legebitra member, police responded to the initial report of the incident with “insults and ridicule.” Legebitra subsequently filed a complaint against the officers.

Solomon Islands

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

“Sodomy” is illegal, as are “indecent practices between persons of the same sex.” The maximum penalty for the former is 14 years’ imprisonment and for the latter five years. There were no reports of arrests or prosecutions directed at lesbian, gay, bisexual, transgender, queer, or intersex persons under these provisions during the year, and authorities generally did not enforce these laws.

There are no specific antidiscrimination laws based on sexual orientation and gender identity. There were no reports of violence or discrimination against persons based on sexual orientation or gender identity, although stigma may hinder some from reporting.

Somalia

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law criminalizes “carnal intercourse with a person of the same sex” with a penalty of three months’ to three years’ imprisonment. Under Sharia homosexuality is punishable by death. There were no known executions during the year under this law; however, there were accounts over the past decade of militant Islamist groups such as al-Shabaab executing men for alleged homosexual acts. There remained a pervasive social stigma against same-sex relationships, and the law does not prohibit discrimination based on sexual orientation or gender identity. There were few, very discreet, and mostly online-based LGBTQI+ organizations that held events.

There were few reports of societal violence or discrimination based on sexual orientation or gender identity due to severe societal stigma that prevented LGBTQI+ individuals from making their sexual orientation or gender identity known publicly. Anecdotal information indicated that some families sent children they suspected of being homosexual to reform schools in the country or forced them to enter heterosexual marriages but reporting on conversion therapy largely stayed out of the public sphere. There were no known actions to investigate or punish those complicit in abuses. Hate crime laws or other criminal justice mechanisms do not exist to aid in the prosecution of bias-motivated crimes against members of the LGBTQI+ community.

In Somaliland the situation was largely the same. Same-sex relationships were illegal and socially taboo.

South Africa

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Despite government policies prohibiting discrimination, there were reports of official mistreatment or discrimination based on sexual orientation or gender identity. For example, there were reports of security force members raping LGBTQI+ individuals during arrest. A 2018 University of Cape Town report underscored violence and discrimination, particularly against lesbians and transgender individuals. The report documented cases of “secondary victimization” of lesbians, including cases in which police harassed, ridiculed, and assaulted victims of sexual and gender-based violence who reported abuse. LGBTQI+ individuals were particularly vulnerable to violent crime due to anti-LGBTQI+ attitudes within the community and among police. Anti-LGBTQI+ attitudes of junior members of SAPS affected how they handled complaints by LGBTQI+ individuals. According to Mamba Online, a gay news and lifestyle website, more than 22 LGBTQI+ persons were killed since February. One NGO in Durban claimed most hate crime victims did not report their cases to police due to secondary victimization; several activists accused religious leaders of not condemning hate crimes and killings against the LGBTQI+ community.

The constitution prohibits discrimination based on sexual orientation. The law prohibits discrimination against LGBTQI+ persons in housing, employment, nationality laws, and access to government services such as health care. In 2019 the High Court of Gauteng ruled that the Dutch Methodist Church’s ban on solemnizing same-sex marriages was unconstitutional.

South Korea

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law prohibits discrimination based on sexual orientation and authorizes the National Human Rights Commission to review cases of such discrimination, although its recommended relief measures are nonbinding. The law does not specifically prohibit discrimination based on gender identity. The Military Criminal Act’s “disgraceful conduct” clause criminalizes consensual sexual acts between men in the military with up to two years’ imprisonment, regardless of consent and whether the act took place on a military installation. At the end of June NGOs reported there were two indictments and one open investigation under this law. The two individuals whose cases went to trial received suspended sentences.

Despite the NHRCK’s repeated calls for the National Assembly to adopt a comprehensive antidiscrimination law that would penalize with imprisonment or fines discriminatory practices based on gender, age, race, religion, or sexual orientation, among others, the National Assembly failed to pass it (see section 6, Systemic Racial or Ethnic Violence and Discrimination). Politically powerful conservative Christian groups that reject LGBTQI+ rights vehemently opposed such a law.

In September Human Rights Watch released a report detailing the challenges faced by LGBTQI+ youth in schools. The report, based on 67 interviews with students and teachers, revealed widespread bullying, violence, and harassment against LGBTQI+ students. These students were isolated due to their inability to rely on teachers or mental health professionals for help and support because they risked being outed. Transgender students faced additional stresses when their gender identity was not recognized, as schools set rules for uniforms, restroom or changing facility use, and classrooms based on gender.

NGOs noted the legal prohibition of sexual activity between men in the military led to abuse of LGBTQI+ soldiers. Given that all young men complete mandatory military service, NGOs argued the existence of the law provided justification for violence against LGBTQI+ individuals within the military and in broader society. In March Byun Hui-su died by suicide. She was expelled from the army after having gender-affirming surgery in 2020. Byun wished to continue serving in the military as a woman, but the military classified her as having a “class three mental and physical disability.” The NHRCK determined that the army should reverse the decision, noting that being transgender was not a disability. In October the Daejeon District Court ordered a posthumous cancellation of Byun’s discharge from the military, saying the military’s decision was unfair. While the Ministry of National Defense requested the government appeal the Daejeon court decision, the Ministry of Justice declined to do so, citing “consideration of facts, legal principles, respect for human dignity, and public sentiment.”

South Sudan

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law criminalizes same-sex sexual conduct. The law prohibits “unnatural offenses,” defined as “carnal intercourse against the order of nature,” which are punishable if convicted by up to 10 years’ imprisonment if consensual and up to 14 years if nonconsensual. There were no reports authorities enforced the law. The law also criminalizes “any male person who dresses or is attired in the fashion of a woman” in public, with a punishment of up to three months’ imprisonment if convicted.

There were reports of incidents of discrimination and abuse. LGBTQI+ persons reported security forces routinely harassed and sometimes arrested, detained, tortured, and beat them. Because of actively hostile government rhetoric and actions, most openly LGBTQI+ citizens fled the country.

Spain

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The country’s antidiscrimination laws prohibit discrimination based on sexual orientation and gender identity, and the government enforced the law. The law penalizes those who provoke discrimination, hate, or violence based on sexual orientation with one to four years’ imprisonment and a fine. The law also prohibits denial or disqualification of employment based on sexual orientation and the formation of associations that promote discrimination, hate, or violence against others based on their sexual orientation. The law may consider hatred against lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons an aggravating circumstance in crimes.

The Ministry of the Interior’s Action Protocol for Law Enforcement Agencies on Hate Crimes provides for the equality of and prohibits discrimination against vulnerable groups based on, inter alia, sexual orientation and identity. The Ministry of the Interior’s 2020 report on hate crimes outlined 277 crimes reported to the police based on sexual orientation or gender identity, the second most prevalent reason for hate crimes. Rights organizations reported official figures were significantly lower than incidents reported to various LGBTQI+ rights groups around the country. NGOs expressed concern about a rise in anti-LGBTQI+ hate speech and reported that opposition Vox party promoted anti-LGBTQI+ rhetoric. According to the NGO Kif Kif Association, LGBTQI+ migrants faced “double discrimination” and were particularly targeted by far-right groups.

In June after a young gay man was attacked and beaten by a group of men shouting homophobic slurs in Basauri (Basque Country), thousands of demonstrators protested against violence aimed at the LGBTQI+ community. Basque regional police arrested nine individuals in connection with the attack. The investigation continued at year’s end.

Rights groups denounced the July 3 death of Samuel Luiz Muniz, a 24-year-old gay man. A group of men attacked and beat Muniz outside a nightclub in A Coruna (Galicia). Several of Muniz’s friends, who were witness to the assault, claimed the attackers yelled homophobic slurs during the attack. Muniz’s death prompted demonstrations against violence aimed at the LGBTQI+ community. Police arrested six individuals in connection with Muniz’s death. The investigation was ongoing.

The number of homophobic attacks continued to be a concern in Catalonia. Although the number of aggressions against the LGBTQI+ community remained like previous years, the Barcelona city council denounced increased violence against the LGBTQI+ community. The Observatory against Homophobia of Catalonia reported 80 incidents as of June. According to the Barcelona hate crimes prosecutor, in 2020, for the first time, the largest number of hate crimes offenses reported, at 40 percent, were for discrimination based on sexual orientation or gender identity.

In July the Council of Ministers approved a draft law to allow children 16 years and older to determine their gender identity in the civil registry without parental consent or medical exam and allow children 14 years and older to do so with parental consent. The draft law had significant support from LGBTQI+ and other rights organizations. It was, however, the subject of very intense national debate and significant protests. It was front-page news for weeks.

Sri Lanka

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law criminalizes consensual same-sex sexual conduct between adults. Those convicted of engaging in same-sex sexual activity in private or public face 10 years’ imprisonment. Although prosecutions were rare, human rights organizations reported police used the threat of arrest to assault, harass, and sexually and monetarily extort lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons. Antidiscrimination laws do not prohibit discrimination based on sexual orientation and gender identity. Transgender persons continued to face societal discrimination, including arbitrary detention, mistreatment, and discrimination accessing employment, housing, and health care.

On March 1, on United Nations “Zero Discrimination Day,” the president tweeted, “Today is #ZeroDiscriminationDay. As the president of Sri Lanka, I am determined to secure everybody’s right to live life with dignity regardless of age, gender, sexuality, race, physical appearance, and beliefs.” The president’s message was welcomed by many on social media, even as some pointed to a section of the penal code that criminalizes same-sex relations. Some human rights activists thanked the president, indicating he became the first head of state in the country to openly acknowledge the rights of LGBTQI+ citizens. Other advocates said in March that the LGBTQI+ community faced discrimination daily due to the country’s legal landscape and social stigmas. Human rights activists noted a pervasive culture of impunity among police heightened the risk of abuse for all marginalized groups including the LGBTQI+ community.

On August 3, cabinet cospokesman Keheliya Rambukwella told press LGBTQI+ rights are not constitutionally recognized but discussions continued, and that he was not aware of police actions against LGBTQI+ persons.

The Colombo chief magistrate dismissed charges against three men for homosexuality after the AGD informed police it would not pursue the case. One of the men, a Swedish national, had filed a complaint with the HRCSL stating that police officers subjected him to torture and cruel, inhuman, and degrading treatment.

Sudan

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law criminalizes sodomy for men, which is punishable if convicted by five years in jail for an initial offense, and it criminalizes other same-sex sexual activities for both men and women as “indecent acts” punishable by up to one year and monetary fines.  In 2020 the CLTG abolished corporal and capital punishment for sodomy, although NGOs reported flogging cases sometimes still occurred.  Lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons are not considered a protected class under antidiscrimination laws.  Anti-LGBTQI+ sentiment remained pervasive in society.  LGBTQI+ organizations reported restrictions on their freedom of assembly and increased pressure to suspend or curtail activities due to fear of harassment, intimidation, or abuse.

There were no reports of official action to investigate or punish those complicit in LGBTQI+-related discrimination or abuses.

Suriname

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Activists stated there were few official reports of violence against lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons, primarily due to fear of retribution and because authorities did not take seriously complaints filed by members of the LGBTQI+ community. There were reports of discrimination against persons in the LGBTQI+ community in employment and housing.

The law prohibits discrimination and hate speech based on sexual orientation, specifically protecting the LGBTQI+ community. Violations are punishable by a fine or prison sentence of up to one year. The law does not set standards for determining what constitutes such discrimination or hate speech. The law on retirement benefits specifically excludes same-sex couples from benefits granted to heterosexual couples.

Within the LGBTQI+ community, the transgender community faced the most stigmatization and discrimination. Transgender women arrested or detained by police were placed in detention facilities for men, where they faced harassment and violence from other detainees.

Sweden

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law prohibits discrimination by state and nonstate actors against lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons. The government generally enforced such laws.

Switzerland

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The criminal code lists sexual orientation as one of the protected areas covered by the antidiscrimination law. Police are obligated to report and pursue offenses and offenders. Police and government agents did not incite, perpetrate, condone, or tolerate violence against lesbian, gay, bisexual, transgender, queer, or intersex (LGBTQI+) individuals or those reporting on such abuse.

Based on a September 26 referendum in which two-thirds of the country’s voters favored legalizing same-sex civil marriage and the right to adopt children or the use of donor sperm by same-sex couples, Minister of Justice Keller-Sutter stated that these provisions are scheduled to enter into force on July 1, 2022.

The Hate Crime Report published in May by the NGO Pink Cross reported 61 cases of hate crimes against LGBTQI+ persons, 18 percent of which involved physical violence and 85 percent involved insults. Of the reported cases, only 20 percent were reported to police. Pink Cross noted that police responses were usually appropriate and relevant.

According to the NGO QueerAmnesty, since the government does not compile hate-crime statistics, it is difficult to estimate how widespread hate crimes committed against LGBTQI+ individuals are in the country. Only six cantons and the city of Zurich compiled data on hate crimes.

A study by the University of Zurich revealed 81 percent of LGBTQI+ individuals surveyed in 2020 had experienced inappropriate jokes, 50.8 percent believed they were not being taken seriously, 33.4 percent experienced social exclusion, 30.1 percent had been bullied, 37.2 percent faced sexual harassment by men, 8.2 percent experienced physical violence and 9.3 percent reported sexual harassment by women.

According to Pink Cross, unemployment, especially for transgender persons, remained much higher than for the general society. The NGO has called for a national action plan with measures to prevent violence and sensitize the public.

Syria

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law criminalizes consensual same-sex sexual conduct, defined as “carnal relations against the order of nature,” and stipulates imprisonment of up to three years. In previous years police used this charge to prosecute LGBTQI+ individuals. There were no reports of prosecutions under the law during the year, but COAR reported the lack of protections in the legal framework created an environment of impunity for rampant, targeted threats and violence against LGBTQI+ individuals. NGO reports indicated the regime had arrested dozens of LGBTQI+ persons since 2011 on charges such as abusing social values; selling, buying, or consuming illegal drugs; and organizing and promoting “obscene” parties.

In June COAR reported that the regime and other armed groups subjected perceived members of the LGBTQI+ community to humiliation, torture, and abuse in detention centers, including rape, forced nudity, and anal or vaginal “examinations.”

Although there were no known domestic NGOs focused on LGBTQI+ matters, there were several online networking communities, including an online magazine. Human rights activists reported there was overt societal discrimination based on sexual orientation and gender identity in all aspects of society.

In February the COI reported that ISIS systematically discriminated against LGBTQI+ individuals as a matter of policy. HTS and other armed groups used unauthorized “courts” to impose draconian social restrictions, according to the COI, particularly against women and LGBTQI+ individuals (see section 1.g.).

Taiwan

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law stipulates employers cannot discriminate against job seekers or workers based on gender or sexual orientation and prohibits schools from discriminating against students based on their gender, gender traits, gender identity, or sexual orientation.

Reported instances of violence against lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) individuals were extremely rare, and police response was adequate.

Tajikistan

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Same-sex sexual conduct is legal in the country with the same age of consent as for opposite-sex relationships. The law, however, does not provide legal protection against discrimination based on sexual orientation or gender identity. Throughout the country there were reports that lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) individuals faced physical and psychological abuse, harassment, extortion, and exploitation for revealing their LGBTQI+ status to their families or for being suspected of being LGBTQI+. One individual reported that he was physically assaulted while walking in Dushanbe because of his perceived sexuality. He said he had no plans to report the assault.

Senior government officials in the past have said implementing LBTGQI+ rights conflicted with local moral values, that bisexuality, lesbianism, and homosexuality are all “pathologies of character” and that the LGBTQI+ community is “mentally ill.”

LGBTQI+ persons were victims of police harassment with many police threatening to arrest LGBTQI+ community members for going against the “social order,” a crime that does not actually exist, and faced threats of public beatings by community members. LGBTQI+ representatives claimed law enforcement officials extorted money from LGBTQI+ persons by threatening to tell their employers or families of their activities.

LGBTQI+ individuals face significant social discrimination and are at risk of job loss and public social censure should their identities be publicly revealed.

In some cases LGBTQI+ persons were subjected to sex trafficking. Hate crimes against members of the LGBTQI+ community reportedly went unaddressed. LGBTQI+ representatives claimed health-care providers discriminated against and harassed LGBTQI+ persons. LGBTQI+ advocacy and health groups reported harassment from government officials and clergy, including violent threats as well as obstruction of their activities by the Ministry of Health.

Government authorities reportedly maintained a registry of hundreds of persons in the LGBTQI+ community as part of a purported drive to promote moral behavior and protect vulnerable groups in society.

It was difficult for transgender persons to obtain new official documents from the government. The law allows for changing gender in identity papers only if a medical organization provides an authorized document. Many doctors refuse to issue such a document because they are afraid of reprisals from the government or due to their own beliefs.

There were no updates to the criminal investigation opened in November 2020 by the Prosecutor General’s Office (PGO) following the beating of an openly gay Dushanbe university student. According to the student, whose name was withheld for personal safety, colleagues at the hair salon where he works beat him unconscious after learning of his sexual orientation. After a medical examination, doctors concluded that he had a broken jaw in several places, and a severe concussion.

Tanzania

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Consensual same-sex sexual conduct is criminalized. The law on both the mainland and Zanzibar punishes “gross indecency” by up to five years in prison or a fine. The law punishes any person convicted of having “carnal knowledge of another against the order of nature or permits a man to have carnal knowledge of him against the order of nature” with a prison sentence on the mainland of 30 years to life and in Zanzibar of imprisonment up to 14 years. In Zanzibar the law provides for imprisonment up to five years or a fine for “acts of lesbianism.” In the past courts charged individuals suspected of same-sex sexual conduct with loitering or prostitution. The law does not prohibit discrimination based on sexual orientation and gender identity. Police often harassed persons believed to be LGBTQI+ based on their dress or manners.

In March 2020 seven men were arrested for same-sex sexual conduct and were purportedly subjected to forced anal exams. In July the case was dismissed after the prosecution failed to summon the doctor to the court to provide medical evidence of same-sex sexual conduct.

In June the Sexual Orientation and Gender Identity (SOGI) Coalition Tanzania reported the death of a transgender woman, age 26, whose identity was uncovered. She was found dead in Kinondoni District, Dar es Salaam. Activists believed this person was killed due to their gender expression and identity.

LGBTQI+ persons were afraid to report violence and other crimes, including those committed by state agents, due to fear of arrest. LGBTQI+ persons faced societal discrimination that restricted their access to health care, including access to information regarding HIV, housing, and employment. There were no known government efforts to combat such discrimination (see section 2.f., Refoulement).

NGOs and civil society organizations serving LGBTQI+ persons and key populations continued to face occasional harassment. While there was continuing fear among these NGOs to operate freely and openly, they reported remaining relatively free from targeting and deregistration by authorities under President Hassan. There were no safe houses or shelters in Zanzibar for LGBTQI+ persons facing discrimination, violence, or abuses based on sexual orientation or gender identity and expression. In 2017 authorities filed a case against two women in Mwanza who exchanged rings in an engagement ceremony that was recorded and posted on social media. The case was withdrawn without being heard in 2018 and then reopened as a new case in 2019. The case continued as of year’s end.

Thailand

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

No law criminalizes expression of sexual orientation or consensual same-sex sexual conduct between adults.

The LGBTQI+ community reported that police treated LGBTQI+ victims of crime the same as other persons except in the case of sexual crimes, where there was a tendency to downplay sexual abuse or not to take harassment seriously.

The law does not permit transgender persons to change their gender on identification documents, which, coupled with societal discrimination, limited their employment opportunities.

The UN Development Program and NGOs reported that LGBTQI+ persons experienced discrimination, particularly in rural areas. The UN Development Program also reported media represented LGBTQI+ persons in stereotypical and harmful ways resulting in discrimination.

Legislation mandating gender equality prohibits discrimination “due to the fact that the person is male or female or of a different appearance from his or her own sex by birth” and protects transgender students from discrimination. The country’s Fourth National Human Rights Plan, covering the period 2019-22, includes LGBTQI+ persons as one of 12 groups in its action plan.

NGOs and the United Nations reported transgender persons faced discrimination in various sectors, including in the military conscription process, while in detention, and in education because of strict policies in place at most schools and universities that require students to wear uniforms that align with their biological gender.

The Ministry of Education has a curriculum incorporating discussion of sexual orientation and gender diversity for grades one to 12; this followed two years of advocacy by the LGBTQI+ community. NGOs continued to encourage the Ministry of Education to make the curriculum compulsory and continued to work with the ministry on curriculum development and to organize training courses to prepare teachers to teach it effectively.

Tibet

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

See section 6, Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity, in the Country Reports on Human Rights Practices for 2021 for China.

Timor-Leste

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The constitution is silent on consensual same-sex sexual conduct and other matters of sexual orientation and gender identity. The penal code establishes discrimination due to sex or sexual orientation as aggravating factors in determining criminal penalties. While physical abuse in public or by public authorities was uncommon, lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons were often verbally abused in public and discriminated against in some public services, including at medical centers. The NGO CODIVA (Coalition on Diversity and Action) noted transgender members of the community were particularly vulnerable to harassment and discrimination. A 2017 study conducted for Rede Feto, the national women’s advocacy network, of lesbian and bisexual women and transgender men in Dili and Bobonaro documented the use by family members of rape, physical and psychological abuse, ostracism, discrimination, and marginalization against LGBTQI+ individuals.

Access to education was limited for some LGBTQI+ persons who were removed from the family home or who feared abuse at school. Transgender students were more likely to experience bullying and drop out of school at the secondary level. Civil society organizations asked the government to include LGBTQI+ community issues in its national inclusive-education policy. CODIVA conducted LGBTQI+ awareness training sessions for national police officers throughout the country.

Togo

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Activists reported violence against LGBTQI+ persons was common, but police ignored complaints.

The law prohibits “acts against nature committed with an individual of one’s sex,” widely understood as a reference to same-sex sexual conduct. The law was not enforced. On those occasions when police arrested someone for engaging in consensual same-sex sexual conduct, the justification for the arrest was usually for some other legal infraction, such as a “shameless or unnatural act.” The law forbids promotion of immorality, which is understood to include promotion of same-sex sexual conduct.

LGBTQI+ persons faced societal discrimination in employment, housing, and access to education and health care. The existing antidiscrimination law does not apply to LGBTQI+ persons. No law allows transgender persons to change gender markers on government-issued identity documents.

LGBTQI+ groups may register with the Ministry of Territorial Affairs as health-related groups, particularly those focused on HIV and AIDS prevention. Most human rights organizations, including the CNDH, refused to address LGBTQI+ concerns.

Tonga

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Sodomy is listed as a crime with a maximum penalty of 10 years in prison, but there were no reports of prosecutions under this provision for consensual same-sex sexual conduct between adults. No law specifically prohibits discrimination based on sexual orientation or gender identity or addresses hate crimes. No criminal justice mechanisms exist to aid in the prosecution of bias-motivated crimes against lesbian, gay, bisexual, transgender, queer, or intersex (LGBTQI+) individuals. Society accepted a subculture of transgender dress and behavior, and a prominent NGO’s annual festival highlighted transgender identities. Social stigma or intimidation may have prevented reporting of incidents of violence or discrimination.

On September 2, a man, Inoke Siolongo Filivaolelei Tonga, pleaded guilty to the murder on May 1 of Polikalepo Kefu, an internationally known human rights and LGBTQI+ activist. On October 11, the Supreme Court sentenced him to life imprisonment. At a May candlelight vigil, a member of the royal family, Princess Frederica Tuita, publicly lamented that “our society has yet to take command of the responsibility required to truly commit” to Tongan values embodied by Kefu – love, humility, respect, and loyalty – “and implement them where it counts.” LGBTQI+ communities in the South Pacific region called for repeal of the country’s law criminalizing sodomy.

Trinidad and Tobago

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law criminalizes consensual same-sex sexual conduct between adults, but the government did not enforce it.

The law decriminalizes sexual exploration between minors who are close in age. The law specifically retains language criminalizing the same activity between same-sex minors.

The law does not specifically prohibit discrimination against lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons. There were reports of harassment and threats against LGBTQI+ persons, but victims tended to avoid media attention.

Tunisia

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law criminalizes consensual same-sex sexual conduct between adults. Whereas the French version of the law uses only the word “sodomy,” the Arabic version, which takes precedence, specifically mentions homosexual acts between men and between women. Convictions carry up to a three-year prison sentence. According to NGOs authorities occasionally used the law to detain and question persons concerning their sexual activities and sexual orientation, reportedly at times based on appearance alone. NGOs reported that in some instances lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) individuals were targeted under a penal code article criminalizing “infringement of morality or public morals,” which carries a penalty of six months in prison and a fine of 1,000 dinars ($370).

LGBTQI+ individuals continued to face discrimination and violence, including death and rape threats and societal stigma, and fear of prosecution discouraged individuals from reporting discriminatory violence and threats.

Human rights groups reported an increase in arrests of LGBTQI+ individuals by police, as well as cases of societal harassment. Allegations included reports that some police unions targeted LGBTQI+ participants in January and February protests by posting their home addresses or pictures online and engaging in online hate speech. According to the Damj Association, an LGBTQI+ rights NGO, during the year authorities sentenced 28 LGBTQI+ persons under provisions of the criminal code criminalizing “sodomy,” “infringement of morality or public morals,” and “insulting a public official.”

On January 8, police arrested Zizi, a transgender woman, and four other transgender individuals on charges of public indecency and disturbing public morality. The Damj Association issued a statement on January 12 condemning the arrests and calling for the release of Zizi and other LGBTQI+ individuals in detention. The organization noted police officers denied Zizi access to a lawyer despite her request. On January 23, the First Instance Court of Sousse released all five individuals and dropped all charges against them.

After self-described queer activist Rania Amdouni participated in antigovernment protests in January and February, some police unions posted photographs of her on Facebook groups and called for her arrest. On February 27, Amdouni went to a police station in downtown Tunis to press charges against members of the security forces she claimed harassed and followed her. Police arrested her after she reportedly had a verbal altercation with a police officer at the station. On March 4, a Tunis court sentenced her to six months in prison for insulting a public servant. Amdouni’s supporters held a small protest outside of the Tunis court, and civil society organizations denounced her arrest and called for her release. On March 17, the Appeals Court of Tunis fined Amdouni 200 dinars ($75) and ordered her release. On June 24, she announced her departure from the country to seek asylum in France.

On March 22, Damj Association president Badr Baabou reported that four unidentified individuals physically assaulted him on March 10, targeting him for his LGBTQI+ rights advocacy. According to Damj, police officers in a vehicle approximately 65 feet away failed to respond to the physical assault or verbal harassment. Baabou filed a complaint with the public prosecutor’s office against his assailants and the security officials who allegedly did not intervene.

According to the Damj Association, Baabou was assaulted again, this time by two police officers in downtown Tunis, on October 21. According to public reports, the officers struck Baabou with multiple blows to his body and face. The government did not publicly comment on the case. On December 1, the National Police general inspector opened an investigation into the case and requested Damj’s assistance in collecting documents and statements related to reports of police abuse.

On October 26, the First Instance Court of Tunis sentenced the president of LGBTQI+-rights group Shams Association, Mounir Baatour, in absentia to one year in prison for a 2019 Facebook post that allegedly expressed “contempt of the Prophet.” Baatour has been residing outside Tunisia since 2019 after reportedly receiving death threats.

There continued to be no information on official discrimination based on sexual orientation or gender identity in employment, housing, access to education, or health care.

Turkey

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

During the year LGBTQI+ individuals experienced discrimination, intimidation, and violent crimes. Human rights groups reported that police and prosecutors frequently failed to pursue cases of violence against LGBTQI+ persons or accepted justification for perpetrators’ actions. Police rarely arrested suspects or held them in pretrial detention, as was common with other defendants. When arrests were made, defendants could claim “unjustifiable provocation” under the penal code and request a reduced sentence. Judges routinely applied the law to reduce the sentences of persons who killed or assaulted LGBTQI+ individuals. Courts of appeal previously upheld these verdicts based in part on the “immoral nature” of the victim. LGBTQI+ advocates reported police detained transgender individuals engaged in sex work and that courts and prosecutors created an environment of impunity for attacks on transgender persons involved in sex work.

In March a Syrian transgender woman was severely injured and lost one eye after a hydrochloric acid attack in Istanbul. An Istanbul court initially sentenced the perpetrator, the victim’s former boyfriend, to 11 years in prison for the attack, but it subsequently reduced the sentence to six years on the grounds of “unjustifiable provocation.” Friends of the victim alleged that hospital staff expressed homophobic attitudes towards the victim.

Numerous LGBTQI+ organizations reported a continued sense of vulnerability as restrictions on their freedom of speech, assembly, and association continued. NGOs reported that police targeted LGBTQI+ individuals using disproportionate force while intervening in demonstrations. University officials limited LGBTQI+ students’ ability to organize and stage pride events.

Human rights activists attributed what they assessed to be increased public anti-LGBTQI+ sentiment and incidence of violence against LGBTQI+ individuals to an uptick in anti-LGBTQI+ rhetoric by government officials amplified through progovernment media.

Government officials increased the targeting of the LGBTQI+ community after an art exhibit staged by students during the Bogazici University protests in January that displayed a picture of the Muslim holy site, the Ka’aba, with superimposed rainbow flags (see section 1.c.). Government officials baselessly blamed the LGBTQI+ community for the exhibit. Minister of Interior Soylu tweeted, “Four LGBT perverts were detained for disrespecting the Ka’aba at Bogazici University.” In a February 2 interview, Soylu alleged that Western countries were spreading the LGBTQI+ “movement” to Turkey to destroy its values by funding LGBTQI+ organizations in the country. President Erdogan told AKP party members, “God willing, we will bring our youth to the future, not as the LGBT youth, but as the youth in the nation’s glorious history. You are the youth on the keyboards of computers, you are not the LGBT youth. You are not a youth that vandalizes; on the very contrary, you are a youth making the broken hearts stand on their feet again.”

Police detained seven students associated with the exhibit and raided the LGBTQI+ student club on the Bogazici University campus. The students continued to face charges of “inciting hatred and insulting religious values” at year’s end. Police confiscated pride flags and banners during the raid and alleged finding a PKK-linked book. The university shut down the student club following the raid. In March police detained 12 other students for displaying pride flags during a demonstration. The students were subsequently released but continued to face charges for violating the law on meetings and demonstrations. Also in March the Adana Security Directorate issued a ban on displays of pride flags and posters during the Women’s Day march.

The Presidency Communications Directorate attributed the country’s withdrawal from the Istanbul Convention to the convention being “hijacked by a group of people attempting to normalize homosexuality which is incompatible with Turkey’s social and family values.” LGBTQI+ groups reported concern that following the country’s withdrawal from the convention, the government would weaken protections for LGBTQI+ victims of gender-based violence or follow the withdrawal with anti-LGBTQI+ legislation.

In June police intervened to disperse the Istanbul Pride March, using force, tear gas, and rubber projectiles. Police detained 47 demonstrators and observers, including an Agence France-Presse photojournalist. All were later released. The Istanbul Governor’s Office refused to issue a permit for the march, citing threats to public morality and the “inappropriate” nature of the event, among other reasons. Police also intervened and detained demonstrators during smaller pride events in Istanbul, Ankara, and Eskisehir.

An opposition parliamentarian reported that the student loan and housing board under the Ministry of Youth and Sport subsequently retaliated against several university students for participating in Eskisehir pride events, cancelling their scholarships and expelling them from government dorms.

In October an Ankara court acquitted 18 Middle East Technical University students and alumni and one faculty member for organizing a pride march on campus in 2019. The court ruled to fine one of the students for insulting a police officer, but the sentence was deferred and could be challenged on appeal.

The criminal code does not include specific protections based on sexual orientation or gender identity. The law allows for up to three years in prison for hate speech or injurious acts related to language, race, nationality, color, gender, disability, political opinion, philosophical belief, religion, or sectarian differences. Human rights groups criticized the law’s failure to include protections based on gender identity. LGBTQI+ definitions were not included in the law, but authorities reported a general “gender” concept in the constitution provides for protections for LGBTQI+ individuals.

Provisions of the law concerning “offenses against public morality,” “protection of the family,” and “unnatural sexual behavior” sometimes served as a basis for abuse by police and discrimination by employers.

In September, Larin Kayatas, a transgender doctor, reported that the Ministry of Health expelled her from service on the basis of her LGBTQI+ identity after finding that her social media posts were not “in line with public morality.” Kayatas alleged that a colleague had filed a complaint regarding her social media messages with the Presidency’s Communications Center, which precipitated a disciplinary investigation.

Human rights organizations reported that some LGBTQI+ individuals were unable to access health services or faced discrimination. Some LGBTQI+ individuals reported they believed it necessary to hide their identities, faced mistreatment by health-service providers (in many cases preferring not to request any service), and noted that prejudice against HIV-positive individuals negatively affected perceptions of the LGBTQI+ community. In June the NGO KAOS GL reported that a doctor in Istanbul refused treatment to a transgender woman and shouted transphobic insults at her after forcefully pushing her from the examination room. Multiple sources reported discrimination in housing, as landlords refused to rent to LGBTQI+ individuals or charged them significantly higher prices.

LGBTQI+ organizations reported the government used regular and detailed audits against them to create administrative burdens and threatened the possibility of large fines. Authorities audited LGBTQI+ organizations more frequently than NGOs focused on other issues.

Dating and social networking sites catering to the LGBTQI+ community faced content blocks. In August, Apple removed the social networking application Hornet from its Turkey store, based on a 2020 court order stemming from a complaint filed by the Ankara provincial Jandarma command. Details on the case or the court’s reasoning were not publicly available. Access to Hornet’s website also remained blocked. Authorities have blocked the dating site and application Grindr since 2013.

Turkmenistan

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Sexual contact between men is illegal, with punishment of up to two years in prison and the possible imposition of an additional two to five-year term in a labor camp. The law also stipulates sentences of up to 20 years for repeated acts of pederasty, same-sex acts with juveniles, or the spread of HIV or other sexually transmitted infections through same-sex contact. The law does not mention same-sex sexual contact between women. Enforcement of the law was selective. Antidiscrimination laws do not apply to lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons. The government provided no legal protection to transgender individuals or recognition of their gender identity.

On August 9, Turkmen.news reported local authorities detained a well-known hairdresser and stylist in Turkmenabat during a raid intended to apprehend LGBTQI+ individuals. According to Turkmen.news, a second hairdresser was detained in early August and was required to provide the government with names of male homosexuals in Turkmenabat.

Tuvalu

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law prohibits consensual sexual conduct between men, with penalties of seven to 15 years’ imprisonment, but there were no reports the government enforced these provisions of the law. The law does not specifically prohibit discrimination based on sexual orientation or gender identity. There are no hate crime laws, nor are there criminal justice mechanisms to aid in the prosecution of bias-motivated crimes against members of the LGBTQI+ community. There were no reports of violence against persons based on sexual orientation or gender identity, but social stigma or intimidation may inhibit reporting of such discrimination or violence.

Uganda

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

LGBTQI+ persons faced discrimination, legal restrictions, harassment, violence, and intimidation. Authorities incited, perpetrated, and tolerated violence against LGBTQI+ individuals and blocked some meetings organized by LGBTQI+ persons and activists. On May 31, police officers raided the Happy Family Youth Uganda LGBTQI+ shelter in Wakiso District outside Kampala and arrested 44 individuals – 36 men and 8 women – celebrating what was alleged to be a gay engagement ceremony. Amateur video footage recorded at the scene showed a plainclothes police officer verbally abusing and mocking the detainees. Police announced that it would charge the individuals with “a negligent act likely to spread an infectious disease” for disobeying COVID-19 restrictions. On June 1, however, a police doctor subjected some of the detainees to forced anal examinations. On June 7, a court released the detainees on bail, and the court dismissed the case in November.

Consensual same-sex sexual conduct is criminalized according to a colonial-era law that criminalizes “carnal knowledge of any person against the order of nature” and provides for a penalty of up to life imprisonment. Attempts to “commit unnatural offences,” as laid out in the law, are punishable with seven years’ imprisonment. The government occasionally enforced the law.

Local media and LGBTQI+ organizations reported that some hospitals and religious institutions offered and subjected LGBTQI+ persons to conversion therapy. Local media also reported that intersex children were at a high risk of infanticide.

Although the law does not restrict freedoms of expression or peaceful assembly for those speaking out in support of the human rights of LGBTQI+ persons, the government severely restricted such rights.

The law does not prohibit discrimination against LGBTQI+ persons in housing, employment, nationality laws, or access to government services.

Local civil society organizations reported that public and private health-care services turned away LGBTQI+ persons who sought medication and some health-care providers led community members to beat LGBTQI+ persons who sought health care. Local civil society organizations reported that some LGBTQI+ persons needed to pay bribes to public health-care providers before they received treatment.

Ukraine

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

There was societal violence against LGBTQI+ persons often perpetrated by members of violent radical groups, and authorities often did not adequately investigate these cases or hold perpetrators to account. The LGBTQI+ rights organization Nash Mir noted that criminal proceedings for attacks against members of the LGBTQI+ community were rarely classified under criminal provisions pertaining to hate crimes, which carry heavier penalties. For example, according to a victim’s account published by Nash Mir, on July 2, a police officer beat a gay man in the man’s home in Kyiv while shouting antihomosexual insults at him. The officer had reportedly arrived at the house after being called by the victim’s landlord, who had been engaged in a verbal argument with the victim. The victim filed a complaint with the Dniprovskyy District Police Department in Kyiv, and police reportedly opened an investigation into the attack on July 14 but closed it on August 17 without bringing any charges. According to Nash Mir, police reopened the case upon an appeal from the victim’s lawyer. As of late October, the investigation remained open.

Law enforcement at times condoned or perpetrated violence against members of the LGBTQI+ community. For example, according to the Kharkiv Human Rights Protection Group, police officers in Toretsk violently detained a man shortly after he entered his apartment building on May 3. According to the victim, police struck him on the head without any warning and then held him on the floor with his hands fastened behind his back and the knee of an officer pressed to his head, causing him to lose consciousness at one point. When the man stated that he was a representative of the LGBTQI+ community, the officers reportedly mocked him and continued the abuse. Officers reportedly filed an administrative charge against the victim for resisting arrest, claiming they had stopped him to search his backpack for drugs. According to his lawyers, the victim was hospitalized for one month because of his injuries and was later forced to move away from Toretsk due to threats from police. In June the victim’s lawyers appealed to the SBI to investigate the victim’s allegations.

Public figures sometimes made comments condoning violence against LGBTQI+ individuals. On March 18, a former member of the Kyiv City Council, Ruslan Andriyko, posted the comment, “Burn in the oven!” in the comments section of a news article regarding violence against LGBTQI+ teenagers.

According to Nash Mir, violent radical groups consistently tried to disrupt LGBTQI+ events with violence or threats of violence (see examples in section 2.b.).

The labor code prohibits workplace discrimination based on sexual orientation or gender identity. There is no law, however, against discrimination in other areas, and discrimination was reportedly widespread in employment, housing, education, and other sectors.

Transgender persons reported difficulties obtaining official documents reflecting their gender identity, which resulted in discrimination in health care, education, and other areas.

A UN report noted that Russia-led forces’ regular use of identity checks in the “DPR” and “LPR” and at the line of contact put transgender persons at constant risk of arbitrary arrest, detention, and connected abuses, due to the lack of identity documents matching their gender identity.

United Arab Emirates

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Both civil law and sharia criminalize consensual same-sex sexual conduct between adults. Under sharia individuals who engage in consensual same-sex sexual conduct could be subject to the death penalty. Dubai’s penal code allows for up to a 10-year prison sentence for conviction of such activity, while Abu Dhabi’s penal code allows for up to a 14-year prison sentence. There were no known reports of arrests or prosecutions for consensual same-sex conduct.

The law does not extend antidiscrimination protections to LGBTQI+ individuals on the basis of their sexual orientation, gender identity or expression, or sex characteristics. There were no government efforts to address potential discrimination.

In November 2020 the penal code dropped a clause criminalizing wearing clothing deemed inappropriate for one’s sex. The law now criminalizes only men who enter a place designated for women while disguised as a woman. The punishment for this infraction is up to one year in jail and a fine of up to AED 100,000 ($27,250).

The law permits doctors to conduct sex reassignment surgery when there are “psychological” and “physiological” signs of gender and sex disparity. The penalty for performing an unwarranted “sex correction” surgery is three to 10 years in prison.

Due to social conventions and potential repression, LGBTQI+ organizations did not operate openly, nor were gay pride marches or gay rights advocacy events held.

United Kingdom

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

There were no reports of police or other government agents inciting, perpetrating, or condoning violence against LGBTQI+ individuals or those reporting on such abuse. There were reports of violence and discrimination based on sexual orientation or gender identity against LGBTQI+ persons.

The law in England and Wales prohibits discrimination and harassment based on sexual orientation. It encourages judges to impose a greater sentence in assault cases where the victim’s sexual orientation was a motive for the hostility, and many local police forces demonstrated an increasing awareness of the problem and trained officers to identify and moderate these attacks. The government generally enforced the law. In the year ending in March, police in England and Wales recorded 124,091 hate crimes, of which 18,596 were sexual-orientation hate crimes and 2,799 were transgender hate crimes.

Sexual motivation may be an “aggravating factor” in crimes. Crime aggravated by sexual orientation was the second most common type of hate crime in Scotland. Hate crime against LGBTQI+ persons accounted for 1,580 charges in 2020/21, an increase of 5 percent year on year. According to figures obtained by Vice World News, the number of homophobic hate crimes in the UK has tripled and the number of transphobic hate crime reports quadrupled over the last six years. Figures received through responses to freedom of information requests from police forces across the country showed there were 6,363 reports of hate crimes based on sexual orientation in 2014/15, compared to 19,679 in 2020/21. For reports of transphobic hate crimes, there were 598 in 2014/15 and 2,588 in 2020/21.

Statistics from the Police Service of Northern Ireland showed 262 homophobic crimes and 33 transphobic crimes.

In June, LGBTQI+ NGO Galop reported that only one in five LGBTQI+ persons surveyed were able to access support after experiencing a hate crime. Galop reported that only one in eight LGBTQI+ persons surveyed had reported the most recent incident they had experienced to the police, with over half saying they thought the police would not do anything, and almost a third who did not submit a report did not because they mistrusted or were fearful of the police.

In October police arrested a second man on suspicion of murdering Ranjith “Roy” Kankanamalage in a suspected homophobic attack that occurred in August. As of November the investigation was ongoing.

Observers reported individuals identifying as LGBTQI+ were more likely to experience worse health outcomes than the general population, found it harder to access services, and had poorer experiences of using services when they were able to access them. According to the report Trans lives survey 2021: Enduring the UKs hostile environment published in September by NGO TransActual UK, one in seven transgender persons have been refused care or treatment by their general practitioner because they were transgender.

In October the minister for women and equalities vowed to protect LGBTQI+ persons, and especially those under 18, from harmful conversion therapies. The government launched consultations and published its proposals on how to make coercive conversion therapies illegal. According to some observers, the government’s proposals would still leave individuals over 18 open to abuse.

According to a report published in September by the Universities and Colleges Admissions Service in partnership with LGBTQI+ rights NGO Stonewall, UK’s LGBTQI+ students increasingly view the education system as a space where they feel safe and free to be themselves. The report also stated that individuals identifying as transgender tend to have a less positive experience, with these individuals being less likely to be open about their gender identity, and more likely to have a health condition and achieve lower grades. A report titled Growing up LGBTQI+ published by Just Like Us in June stated LGBTQI+ students were twice as likely to have been bullied and 91 percent had heard negative language about being LGBTQI+.

Uruguay

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Leaders of civil society organizations reported that despite the legal advancement of LGBTQI+ issues, societal discrimination remained high. NGOs also reported that although the law establishes the right of transgender persons to hormone therapies and sex reassignment surgery, there were reports some health providers did not offer these options to patients, without any consequence for their lack of compliance with the law. Furthermore, civil society reported that sex reassignment surgery was available only for transgender women (male to female). NGOs reported the commission in charge of name changes was overwhelmed, which resulted in delays. The Ministry of Social Development informed that as of September the commission had received 148 applications for name changes, of which 47 had been granted.

Authorities generally protected the rights of LGBTQI+ persons. According to Amnesty International, however, the country did not have any comprehensive, antidiscrimination policy that protected LGBTQI+ citizens from violence in schools and public spaces or provided for their access to health services.

The Latin America and Caribbean Transgender Persons Network (REDLACTRANS) presented a study in 2018 showing that human rights violations against transgender women included discrimination, violence and aggression, theft, violation of the right to access justice, harassment, and homicide, among others. Discrimination toward transgender women was typically worse in the interior of the country, which tended to be more conservative and had smaller populations. REDLACTRANS reported most transgender persons did not finish high school and that most transgender women worked in the informal sector, where their social benefits were not always guaranteed. They tended to be more vulnerable to dangerous and uncomfortable situations in sexual work and were less likely to report threats or attacks. In 2016, the latest figures available, the government reported that 30 percent of transgender persons were unemployed. Among the employed, only 25 percent worked in the formal sector, 70 percent were sex workers, and the majority had low levels of education. Civil society reported it was less frequent for transgender men to be expelled from their home but that there was a high rate of depression and suicide attempts among this population. Observers also noted that, because they did not complete their education, transgender men usually had unskilled and low-paying jobs.

Uzbekistan

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law criminalizes consensual same-sex sexual conduct between men. Conviction is punishable by up to three years’ imprisonment. The law does not criminalize consensual same-sex sexual conduct between women.

Authorities enforced the law. Human rights defenders reported at least five cases of persons who faced prosecution during the year. They speculated this could be due to information sharing between the Ministry of Health and the Ministry of Justice that was ostensibly intended to enable the Ministry of Justice to monitor HIV+ individuals to prevent the spread of disease. Human rights defenders believed authorities used this information to identify, charge, and prosecute gay HIV+ men.

On April 12, the Ministry of Internal Affairs reported that 49 men convicted of performing same-sex sexual acts were serving prison sentences and being subjected to “conversion therapy” or psychological treatment of the “disorder of homosexuality” in order to “eliminate repeat crimes and offenses.”

Society generally considered same-sex sexual conduct a taboo subject. There were no known LGBTQI+ organizations. Deeply negative social attitudes related to sexual orientation and gender identity limited the freedom of expression of the LGBTQI+ community and led to discrimination. The law does not prohibit discrimination against LGBTQI+ persons in housing, employment, nationality laws, and access to government services, such as health care.

Following the country’s Universal Periodic Review in 2018, the government rejected recommendations related to decriminalization of LGBTQI+ status and called LGBTQI+ matters “irrelevant to Uzbek society.” In 2020 the Uzbek delegation to the UN General Assembly voted for a Saudi-sponsored amendment to the Extrajudicial Killings Resolution stripping LGBTQI+ individuals of legal protections against extrajudicial killings.

According to human rights NGOs, authorities conducted compulsory rectal exams on persons suspected of same-sex sexual conduct. The Eurasian Coalition on Health, Rights, Gender and Sexual Diversity and the International Partnership for Human Rights documented at least four cases between 2017 and 2020 in which men were subjected to forced anal exams. On August 5, international rights groups urged the president to immediately order officials to abandon such evidentiary procedures. During the year Human Rights Watch reported a case in which physicians subjected two men to forced anal exams, which served as evidence in their conviction; the men were serving two-year prison sentences at year’s end.

Human rights defenders alleged that security services used LGBTQI+ informants to entrap and blackmail men suspected of being gay. They alleged security services routinely told arrested LGBTQI+ persons they would serve prison time if they did not agree to serve as informants on other LGBTQI+ persons.

In November 2020 media reported that authorities arrested a senior Supreme Court staff member on charges of same-sex sexual conduct. The staff member was reportedly being extorted by a sexual partner for 46 million soums ($17,000) to keep the relationship secret. The partner leaked videos he had filmed of the two having sex.

Media reported that on March 28, in downtown Tashkent a group of approximately 100 men violently protested against LGBTQI+ persons, yelling “Allah (God) is the greatest,” beating random pedestrians and damaging cars. The group gathered in reaction to online posts by pro-LGBTQI+ blogger Miraziz Bazarov. Unknown assailants later severely beat Bazarov who was hospitalized for one month. Police detained approximately 70 persons, 31 of whom were charged with hooliganism and various other offenses but not for assault. Human rights activists reported that in the wake of the attack, members of the LGBTQI+ community in Tashkent were being harassed by both local authorities and private citizens and were on “red alert,” and were seeking to avoid going out in public.

Regarding the March 28 violent protest, on March 30, Chair of the Public Fund for the Support and Development of Mass Media Komil Allomjonov chastised foreign organizations promoting LGBTQI+ rights, “before making any demands to Uzbekistan or any other country, foreign organizations must take into account the mentality, religion, culture, and traditions of the nation. In our country, where the majority are Muslims, society does not accept gay men and women.” Allomjonov stated the government could do little to protect LGBTQI+ individuals because, “even if laws against gay people are relaxed, society will not accept it, and they will only remain on paper (if) such groups begin to freely show themselves on the street, the number of lynchings will increase significantly (and) small riots will lead to big problems.”

Vanuatu

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

No law criminalizes sexual orientation or consensual same-sex sexual conduct, but there were reports of discrimination and violence against LGBTQI+ persons. LGBTQI+ activist group VPride Foundation reported the perception within the LGBTQI+ community that police would tolerate violence and discrimination against LGBTQI+ persons; therefore, harassment, discrimination, and criminal acts go unreported. LGBTQI+ groups operated freely, but there is no antidiscrimination law to protect them.

Venezuela

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Local police and private security forces allegedly prevented lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons from entering malls, public parks, and recreational areas. NGOs reported the Maduro regime systematically denied legal recognition to transgender and intersex persons by preventing them from obtaining identity documents required for accessing education, employment, housing, and health care. This vulnerability often led transgender and intersex persons to become victims of human trafficking.

The armed forces criminalize homosexual relations in the military justice code, punishing members of the LGBTQI+ community with prison from one to three years and fines.

NGOs reported incidents of bias-motivated violence against LGBTQI+ persons. Reported incidents were most prevalent against transgender individuals. Leading advocates noted that law enforcement authorities often did not properly investigate to determine whether crimes were bias motivated.

In June media reported at least seven hate crimes against LGBTQI+ persons. These cases should have been processed by the Special Ombudsman’s Office for the Protection of Persons of Sexual Diversity (an entity created in December 2020 and attached to the Ombudsman’s Office), but NGOs affirmed the office was ineffective and that most related hate crimes were not investigated.

The constitution provides for equality before the law of all persons and prohibits discrimination based on “sex or social condition,” but it does not explicitly prohibit discrimination based on sexual orientation or gender identity. According to a TSJ ruling, no individual may be subjected to discrimination because of sexual orientation, but the ruling was rarely enforced.

The law establishes the principle of no discrimination for sexual orientation as well as no discrimination in the workplace for sexual preferences; however, there were no mechanisms to denounce violations of the law.

Vietnam

Section 6. Discrimination and Societal Abuses

West Bank and Gaza

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

PA law in the West Bank does not prohibit consensual same-sex sexual activity. There were reported examples of violence, criminalization or abuse based on sexual orientation and gender identity during the year. NGOs reported PA security officers and neighbors harassed, abused, and sometimes arrested individuals due to their sexual orientation or gender identity. In Gaza sexual acts “against the order of nature” are criminalized. NGOs reported Hamas security forces harassed and detained persons due to their sexual orientation or gender identity.

Yemen

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The government did not consider violence or discrimination against lesbian, gay, bisexual, transgender, queer, or intersex (LGBTQI+) persons “relevant” for official reporting.

The law criminalizes consensual same-sex sexual conduct, with the death penalty as a sanction under the country’s interpretation of Islamic law. There have been no known executions of LGBTQI+ persons in recent years.

Due to the illegality of and possibly severe punishment for consensual same-sex sexual conduct, few LGBTQI+ persons were open regarding their sexual orientation or gender identity. Individuals known or suspected of being LGBTQI+ faced discrimination.

There was one active LGBTQI+-related social media site. HRW reported in July 2020 that Saudi Arabia sentenced a Yemeni man who had posted a video advocating for LGBTQI+ rights to 10 months of prison, to be followed by deportation to Yemen, where he feared for his life. No further information was available on his situation.

Zambia

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law criminalizes consensual same-sex sexual conduct, and penalties for conviction of engaging in “acts against the order of nature” are 15 years’ to life imprisonment. Conviction of the lesser charge of gross indecency carries a penalty of up to 14 years’ imprisonment. Under the Lungu administration the government continued to reject calls to recognize and protect lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) rights.

Police perpetrated violence and verbal and physical harassment against persons based on gender identity and sexual orientation. LGBTQI+ persons were at risk of societal violence due to prevailing prejudices, misperceptions of the law, lack of legal protections, and inability to access healthcare services, and were subjected to prolonged detentions. Many politicians, media figures, and religious leaders expressed opposition to basic protections and human rights for LGBTQI+ persons and same-sex marriage.

According to LGBTQI+ advocacy groups, police routinely requested bribes from LGBTQI+ individuals after arresting them. Bribes ranged from 500 to 15,000 kwacha ($30 to $900). Societal violence against LGBTQI+ persons continued, as did discrimination in employment, housing, and access to education and health care. LGBTQI+ groups reported frequent harassment of LGBTQI+ persons and their families, including threats via text message and email, vandalism, stalking, and outright violence. For example, an LGBTQI+ group reported that in March a 17-year-old intersex individual who applied for a job that required a female was made to undress in front of a hiring official to confirm their gender. The group alleged that the individual was not offered the job as a result of discrimination.

Freedom of expression or peaceful assembly on LGBTQI+ matters remained nonexistent.

Zimbabwe

Section 6. Discrimination and Societal Abuses

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

According to the criminal code, “any act involving physical contact between men that would be regarded by a reasonable person to be an indecent act” carries a penalty of up to 14 years in prison or a fine up to U.S. $5,000. LGBTQI+ organizations reported several arrests as well as severe mental health consequences because of criminalization, including depression, anxiety, substance abuse, and suicidal ideation. Leading NGOs noted harassment and discrimination against LGBTQI+ persons seeking employment, housing, and health services. Trans Smart, an active LGBTQI+ group, reported their members believed they were unsafe and unwelcome in churches due to deeply held religious and social stigmas in society. There is no legal option to change the gender designation on state identity cards, creating identification and travel difficulties. The mismatch between gender presentation and the designated gender can lead state officials, police, and potential employers to believe the individual is committing identity fraud, sometimes leading to criminal arrest.

LGBTQI+ persons were vulnerable to blackmail because of the criminalization of and stigma against same-sex activity. LGBTQI+ advocacy organizations reported blackmail and being “outed” as two of the most common forms of repression of LGBTQI+ persons. It was common for blackmailers to threaten to reveal a victim’s sexual identity to police, the church, employers, or family if the victim refused to pay. NGOs reported hate crimes against LGBTQI+ persons. LGBTQI+ persons often left school at an early age due to discrimination. Higher education institutions reportedly threatened to expel students based on their sexual orientation. LGBTQI+ persons also had higher rates of unemployment and homelessness. They were also less likely to seek medical care for sexually transmitted diseases or other health problems due to fear that health-care providers would shun them or report them to authorities. Health care workers commonly discriminated and refused service to LGBTQI+ persons.

Public medical services did not offer hormone treatment or gender-confirmation surgeries to transgender and intersex individuals. A small number of private clinics provided testosterone therapy, but estrogen therapy required patients to purchase treatment privately and self-administer the drugs or travel to neighboring countries where treatment was available. Some parents treated their children’s identity as an intellectual disability and forced transgender youth into mental health institutions.

Transgender individuals continued to face challenges when seeking government services. An NGO reported a transgender woman was initially prevented from boarding a flight due to the inconsistency between her gender presentation and the sex listed on her passport. Similarly, transgender persons often encountered difficulties when registering to vote because of changes in their appearance, disenfranchising them from the political process.

In October openly gay South African celebrity Somizi Mhlongo planned to visit the country to attend a restaurant opening but ultimately canceled his trip after the Apostolic Christian Council and the ruling party’s youth wing urged the government to block his admission citing moral issues.