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

The law criminalizes consensual same-sex sexual conduct. Under Islamic sharia law, conviction of same-sex sexual activity is punishable by death, flogging, or imprisonment. Under the penal code, 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. The law does not prohibit discrimination or harassment based on sexual orientation or gender identity.

Lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals reported they continued to face arrest by security forces and discrimination, assault, and rape. There were reports of harassment and violence of LGBTI individuals by society and police. Homosexuality was widely seen as taboo and indecent. LGBTI individuals did not have access to certain health-care services and could be fired from their jobs because of their sexual orientation. Organizations devoted to protecting the freedom of LGBTI persons remained underground because they could not legally register with the government. Even 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.

Saboor Husaini, a transgender activist and artist, died in a Herat hospital after being beaten by an unidentified group of men December 25.

HIV and AIDS Social Stigma

There were no confirmed reports of discrimination or violence against persons with HIV or AIDS, but there was reportedly serious societal stigma against persons with AIDS. While the law allows for the distribution of condoms, the government restricted distribution to married couples.

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

The law criminalizes public indecency and consensual same-sex sexual relations between adult men or women, with penalties that include imprisonment of six months to three years and a fine. The law also stipulates penalties that include imprisonment of two months to two years and fines for anyone convicted of having committed a “homosexual act.” If a minor is involved, the adult may face up to three years’ imprisonment and a fine. LGBTI activists reported that the vague wording of laws criminalizing “homosexual acts” and “acts against nature” permitted sweeping accusations that resulted in multiple arrests for consensual same-sex sexual relations, but no known prosecutions during the year.

LGBTI status is not, in itself, criminalized; however, LGBTI persons may face criminal prosecution under legal provisions concerning prostitution, public indecency, and associating with bad characters. NGOs reported that judges gave harsher sentences to LGBTI persons for the above crimes compared to non-LGBTI persons. An NGO reported that LGBTI men were targeted more often than women.

The law does not extend antidiscrimination protections to LGBTI persons based on sexual orientation, gender identity or expression, or sex characteristics. Officials asserted that the law covers LGBTI individuals through general civil and human rights legislation. Government officials did not take measures specifically to prevent discrimination against LGBTI persons. LGBTI persons faced discrimination in accessing health services such as longer wait times, refusal of treatment, and shaming. Some organizations maintained a list of “LGBTI-friendly” hospitals, and several NGOs operated mobile clinics specifically for vulnerable communities. NGOs reported that employers refused jobs to LGBTI persons, particularly men perceived as effeminate. Community members reported obtaining legal assistance was also a challenge due to similar discrimination.

On July 24, Constantine’s national gendarmerie arrested 44 individuals for supporting a same-sex marriage. On September 3, authorities convicted 44 individuals of same-sex sexual relations, public indecency, and subjecting others to harm by breaking COVID-19-related quarantine measures. Two men received three years in prison and a fine, and the others received a one-year suspended sentence.

In February, two men shared their wedding ceremony on social media. Following the post, Tebessa security authorities arrested the two men, charging them with “displaying shameful images to the public, committing an act of homosexuality in public, and possession of drugs.”

During the year LGBTI NGOs organized virtual meetings. The NGOs reported government harassment, including threats of imprisonment.

HIV and AIDS Social Stigma

Strong social stigma towards the vulnerable groups in which HIV/AIDS was most concentrated–commercial sex workers, men who have sexual relations with men, and drug users–deterred testing of these groups. The government reported it did not take measures to specifically prevent and treat HIV/AIDS in the LGBTI community. Members of the country’s LGBTI community reported pre-exposure prophylaxis (PrEP) is not available.

According to UNAIDS the country was close to achieving the UNAIDS’ 90-percent target, with 84 percent of persons living with HIV knowing their status. Civil society organizations are integral to the region’s HIV response, and advocate for HIV prevention, treatment, and funding. Many civil society organizations include individuals affected by HIV, helping these organizations reach key populations.

The government’s National AIDS Committee met during the year. The committee brought together various government and civil society actors to discuss implementation of the national strategy to combat HIV/AIDS.

During the COVID-19 pandemic, a professor at El-Hadi Flici Hospital, Algiers’ primary hospital for infectious diseases, stated ambulances were delivering AIDS patients’ medicines to reduce their susceptibility to COVID-19.

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, Housing, and Youth 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.

The Ministry of Social Affairs, Housing, and Youth and the NGO Diversand together launched an awareness campaign through social media platforms to foster diversity and tolerance. The campaign aimed at raising the visibility of the lesbian, gay, bisexual, transgender, and intersex community with special emphasis on transgender children.

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, and intersex (LGBTI) persons due to their actual or perceived sexual orientation.

Consensual same-sex sexual conduct between men is illegal under indecency statutes; however, the law was not strictly enforced. Conviction of consensual same-sex sexual conduct between men carries a maximum penalty of 15 years’ imprisonment. No law specifically prohibits discrimination against LGBTI persons.

HIV and AIDS Social Stigma

Although the government denied it, an NGO representative reported that fear, stigma, and discrimination impaired the willingness of some persons with HIV to obtain treatment. Persons with HIV reported several incidents of discrimination from health-care professionals and police. Anecdotal evidence suggested employers dismissed and discriminated against employees with HIV or AIDS.

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

Members of LGBTI communities received threatening messages via telephone, text, and social media, and some were harassed by police.

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

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

The government took positive steps to increase LGBTI inclusion. On September 16, the Director General of the Bangladesh Bureau of Statistics announced the 2021 national census would include hijra as a “third gender” category.

HIV and AIDS Social Stigma

Social stigma against HIV and AIDS and against higher-risk populations could be a barrier for accessing health services, especially for the transgender community and men who have sex with men.

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

The constitution provides for equal protection of the laws and application of rights but does not explicitly protect individuals from discrimination based on their sexual orientation, gender identity or expression, or sex characteristics. On December 10, the parliament amended the law against “unnatural sex” to state that “Homosexuality between adults shall not be considered unnatural sex.”

Members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community reported instances of discrimination and social stigma based on sexual orientation.

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

HIV and AIDS Social Stigma

While NGOs claimed persons with HIV or AIDS faced no widespread stigma, observers noted such persons feared being open about their condition.

The government provided free medical and counseling services to persons with HIV or AIDS and maintained programs meant to prevent discrimination.

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 on the basis of gender, sexual orientation, or gender identity.

Hate speech, discrimination, and violence against LGBTI individuals were widespread. The NGO Sarajevo Open Center (SOC) reported that transgender persons were the most vulnerable LGBTI group, as it is much harder for them to conceal their gender identity. According to research done by the center in 2017, an estimated two-thirds of transgender persons experienced some form of discrimination. In its 2020 Pink Report, the SOC reported that every third LGBTI person in the country experienced some type of discrimination. The SOC believed the actual number of LGBTI persons who experienced some type of discrimination was much higher but that people were afraid to report it.

In 2019 the SOC documented four discrimination cases, two of which involved workplace discrimination and two cases of unprofessional treatment by police when the victims came to report violence. None of the cases resulted in a lawsuit or a complaint against the institution. In the cases of workplace discrimination, one of the victims managed to resolve the case with the employer, while the other was afraid to initiate any legal actions. In one case the victim decided to leave the country due to loss of confidence in institutions. BiH courts had yet to issue a single final ruling on discrimination on the grounds of sexual orientation and gender identity.

During 2019 the SOC also documented 105 cases of hate speech and calling for violence and hatred and 16 cases of crimes and incidents motivated by sexual orientation and gender identity. Of the 16 cases, 12 took place in a public place or online, ranging from threats to violence and infliction of bodily injuries. The announcement of the first pride march, which took place in September 2019, resulted in the number of threats and violence in public places and online to increase threefold. The prosecution of assault and other crimes committed against LGBTI individuals remained delayed and generally inadequate.

In December 2019 the Sarajevo Canton government adopted its first Gender Action Plan for 2019-22 as a public document that contains a set of measures intended to improve gender equality in government institutions. The SOC was engaged in the creation of the plan, and 14 of 18 initiatives proposed by the center were included.

Organizers of the second pride march, which was supposed to take place in August, moved the event online due to the COVID-19 pandemic. They also organized a symbolic drive through the city in a convoy of vehicles flying rainbow flags, which was secured by police and conducted without incident.

Even before the pride march organizers decided to give up on holding a physical event, they faced numerous logistical problems, including government requirements to pay for excessive security measures (physical barriers on nine streets, ambulances, and fire trucks), which presented a significant financial burden. In addition, the Sarajevo Canton Ministry of Traffic rejected the organizers’ request to block traffic for five hours on a main Sarajevo street for the march. The ministry justified its denial by asserting that it would disturb citizen movement and result in loss of income to the public transportation company even though the ministry had approved similar permits for other organizations.

HIV and AIDS Social Stigma

The country has registered approximately 400 persons with HIV or AIDS, with 20 to 25 new cases reported annually. It was believed, however, that the actual number of cases was higher and that due to stigma and discrimination, many persons avoided testing. Social stigma and employment discrimination against persons with HIV or AIDS remained among members of the public as well as health workers. Due to a lack of understanding of the disease and its subsequent stigmatization among the general population, many persons with HIV or AIDS feared revealing their illness, even to closes family members. The country had no permanent or organized programs of psychosocial support for these persons.

Promotion of Acts of Discrimination

There were widespread instances of media coverage and public discourse designed to portray members of other ethnic groups in negative terms, usually in connection with the 1992-95 conflict. In 2018 the RS National Assembly voted to annul a 2004 report on the Srebrenica massacres that acknowledged Bosnian Serb forces executed thousands of Bosniaks. During the year the then chairman of the BiH Presidency, Milorad Dodik, senior officials in his political party (the Alliance of Independent Social Democrats), and other RS officials and leaders continued to repeatedly deny that Serb forces committed genocide in Srebrenica in 1995, despite the findings of multiple local and international courts. In February the RS government, following a proposal from the RS Academy of Science and Arts and various associations, appointed two international commissions to purportedly re-examine the war of the 1990s: a Srebrenica Commission to investigate the suffering of all persons in and around Srebrenica between 1992 and 1995 and a Sarajevo Commission to investigate the suffering of Serbs in Sarajevo during the war.

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

The law does not explicitly criminalize lesbian, gay, bisexual, transgender, or intersex (LGBTI) status or conduct, but the penal code includes language that has been interpreted as criminalizing some aspects of same-sex sexual activity between consenting adults. Specifically it criminalizes “unnatural acts,” with a penalty if convicted of up to seven years’ imprisonment. There was widespread belief this was directed against LGBTI persons. In June 2019 the High Court found this language unconstitutional, thereby decriminalizing consensual same-sex sexual conduct in the country. The ruling party welcomed the decision. The government, however, has since appealed the judgment. Consideration of this matter by the Court of Appeals was delayed when the court system shut down for seven weeks as a consequence of the country’s COVID-19 response. A court date for the appeal had not been set as of November, and the existing laws on same-sex sexual activity remained in effect. Security forces generally do not enforce these laws.

There were no reports police targeted persons suspected of same-sex sexual activity. There were incidents of violence, societal harassment, and discrimination based on sexual orientation or gender identity. There were no reported cases of authorities investigating abuses against LGBTI persons, however. The victims of such incidents seldom filed police reports, primarily due to stigma but occasionally as a result of overt official intimidation.

In July a transgender woman was given a sentence of flogging by a traditional court after being convicted of violating public order for insulting another person. By traditional law women are excluded from flogging in the traditional courts due to modesty concerns over removing a blouse for canings. The transgender person was not afforded this exception but was able to avoid the punishment after a doctor deemed she was too ill for corporal punishment. She paid a fine instead.

Public meetings of LGBTI advocacy groups and debates on LGBTI 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.

HIV and AIDS Social Stigma

According to 2019 UNAIDS data, the HIV prevalence rate for adults, who were 15 to 49 years of age, was approximately 21 percent. According to the UN Population Fund, limited access to sexual and reproductive health information and youth-friendly services, as well as gender-based violence, contributed to high HIV rates. The government funded community organizations that ran antidiscrimination and public awareness programs.

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

Secular law criminalizes “carnal intercourse against the order of nature,” understood to mean sex between men. In 2017 legal amendments increased the minimum prison sentence for such carnal intercourse to 20 years. The amendments were intended to apply in cases of rape or child abuse wherein both attacker and victim are male, because existing law covered only assault of a woman by a man. The SPC bans liwat (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 prohibits men from dressing as women or women dressing as men “without reasonable excuse” or “for immoral purposes.” Members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community reported that the Ministry of Religious Affairs summoned transsexual individuals to their offices and demanded that they agree to maintain the gender listed on their birth certificate, although no threats of punishment were made in any of these reported cases.

At a private Pride gathering, members of the LGBTI community reported societal discrimination in public and private employment, housing, recreation, and in obtaining services including education from state entities. 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. Members of the LGBTI community reported the government monitored their activities and communications. Like all events in the country, events on LGBTI topics were subject to restrictions on assembly and expression. The LGBTI community reported that the government would not issue permits for community events or other occasions on LGBTI topics.

HIV and AIDS Social Stigma

HIV and HIV-related stigma continued and discrimination occurred. By law foreigners infected with HIV are not permitted to enter or stay in the country, although no medical testing is required for short-term tourists.

The Ministry of Health reported more than 70 persons were infected with HIV between 2018 and 2019, of whom 90 per cent were men. In response, on October 7, the Brunei Darussalam AIDS Council, a government-linked NGO, provided free HIV testing and anonymous counseling for all men, an initiative to encourage infected men to seek resources and assistance without fear of scrutiny over the cause or source of infection.

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, and intersex (LGBTI) community. NGOs reported police occasionally arrested gay men and transgender individuals and humiliated them in detention before releasing them.

Societal discrimination against LGBTI 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 LGBTI individuals were occasionally victims of verbal and physical abuse, according to LGBTI support groups. There were no reports the government responded to societal violence and discrimination against LGBTI persons.

LGBTI 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.

HIV and AIDS Social Stigma

Societal discrimination against persons with HIV/AIDS continued to be a problem and prohibited some individuals from receiving medical services due to fear of harassment. Families sometimes shunned persons who tested positive and sometimes evicted HIV-positive wives from their homes, although families did not evict their HIV-positive husbands. Some property owners refused to rent lodgings to persons with HIV/AIDS. The government distributed free antiretroviral medication to some HIV-positive persons who qualified according to national guidelines.

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

Political reforms in recent years made it easier for the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community to hold public events and openly participate in society, yet discrimination, stigma, and a lack of acceptance among the general population persisted. Transgender persons, for example, were subject to police harassment, and their identity is not recognized by the state. There were reports of discrimination based on sexual orientation and gender identity in employment. LGBTI persons reported facing discrimination from healthcare providers.

On March 12, an openly gay restaurant owner was sentenced to five years in prison under the “unnatural offenses” law for allegedly sexually assaulting a male member of his staff.

HIV and AIDS Social Stigma

There were continued reports of societal violence and discrimination, including employment discrimination, against persons with HIV/AIDS. Negative incidents, such as exclusion from social gatherings and activities; verbal insults, harassment, and threats; and physical assaults continued to occur. Laws that criminalize behaviors linked to an increased risk of acquiring HIV/AIDS remain in place, directly fueling stigma and discrimination against persons engaged in these behaviors and impeding their access to HIV prevention, treatment, and care services.

Although the law nominally decriminalizes drug use, possession of small amounts of illegal drugs still leads to long prison sentences. Excessive law enforcement activities and local antidrug groups threatened at-risk drug abusers and hindered access to HIV, harm reduction, and other essential health services. Likewise, the antisodomy law creates an environment that discourages men who have sex with men from accessing available services.

High levels of social stigma and discrimination against female sex workers and transgender women hindered their access to HIV prevention, treatment, and social protection services. Police harassment of sex workers deterred them from carrying condoms.

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

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.

The w does not prohibit discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons in housing, employment, nationality laws, and access to government services such as health care. Societal discrimination against LGBTI persons was common.

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; penalties if convicted were up to two years in prison or a substantial monetary fine. Laws do not prohibit consensual same-sex sexual conduct among adults.

Persistent social discrimination existed as the norm for the lesbian, gay, bisexual, transgender, and intersex community and generally took the form of public mockery and appearance-based discrimination.

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 (LGBTI) persons. Societal discrimination persisted, however, particularly in rural areas.

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

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

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

The penal code 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 or a moderate to substantial fine. When one of the participants is a child, the adult could be sentenced to two to five years’ imprisonment or a moderate to substantial fine. 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 LGBTI persons. Societal discrimination against LGBTI persons was entrenched due to a high degree of cultural stigmatization. The IOM reported the case of an LGBTI person who had to move due to physical violence against him by neighbors due to his sexuality. There were no known organizations advocating for or working on behalf of LGBTI persons.

HIV and AIDS Social Stigma

Persons with HIV/AIDS were subjected to discrimination and stigma, and many individuals with HIV/AIDS did not disclose their status due to social stigma.

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 this law, although there were reports of police harassment.

The law does not prohibit discrimination against lesbian, gay, bisexual, transgender, or intersex (LGBTI) persons in housing, employment, nationality laws, and access to government services.

In a media interview in November, the president stated same-sex marriage “is a negative value” and unacceptable in Africa.

HIV and AIDS Social Stigma

The law provides individuals with HIV or AIDS the same rights as other persons and requires the government to provide information, education, and access to tests and treatment for HIV or AIDS, but authorities rarely complied with the law. According to the Chadian Women Lawyers’ Association, women sometimes were accused of passing HIV to their husbands and were threatened by family members with judicial action or banishment.

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

Consensual same-sex sexual activity between adults is illegal, and conviction is punishable by up to five years’ imprisonment and a fine. Authorities reported no arrests or prosecutions for same-sex sexual activity and did not actively enforce the law. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons generally did not publicly reveal their sexual orientation due to societal pressure. There were no local LGBTI organizations.

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

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 LGBTI human rights faced government harassment, not for their promotion of such topics, but for their independence from official government institutions.

Despite a history of state-sanctioned events in support of the LGBTI community, the state-funded National Center for Sex Education was muted in its support for the LGBTI community after canceling its annual conga (gay pride march) against homophobia in 2019. Ariel Ruiz Urquiola, a biologist and activist for environmental justice and LGBTI rights, alleged the government deliberately infected him with HIV while he was detained after a peaceful protest for gay rights in the wake of 2019’s cancelled pride march. He maintained that he always practiced safe sex and asserted that the government knowingly injected him with HIV when he was hospitalized during a hunger strike to discredit him because of the social stigma of HIV in the country.

HIV and AIDS Social Stigma

The government operated four prisons exclusively for inmates with HIV or AIDS; some inmates were serving sentences for “propagating an epidemic.” Hospitals and clinics sometimes discriminated against patients with HIV.

Special diets and medications for patients with HIV were routinely unavailable, sometimes resulting in the patients’ deaths from neglect.

Political prisoner Maikel Herrera Bones, a person with HIV who was a member of UNPACU, said prison officials withheld HIV treatment from him to pressure him into silence. Herrera Bones was arrested on April 16 after arguing with a plainclothes police officer about blackouts in his Havana neighborhood. Accused of simple assault, Herrera Bones said he had not been tried in court by year’s end.

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 society rarely applied to opposite-sex couples. A local NGO reported authorities often took no steps to investigate, prosecute, or punish officials who committed abuses against FLGBI persons, whether in the security forces or elsewhere in the government, and impunity for human rights abuses was a problem.

Identifying as lesbian, gay, bisexual, transgender, or intersex remained a cultural taboo, and harassment by SSF and judiciary occurred.

LGBTI 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 LGBTI individuals.

LGBTI persons in South Kivu Province reported that in 2018 a coalition of revivalist churches in Bukavu published materials characterizing LGBTI persons as against the will of God. The publications contributed to a deteriorating environment for LGBTI 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 LGBTI persons were forced by threats of violence to withdraw from schools and other public and community institutions.

HIV and AIDS Social Stigma

The law prohibits discrimination based on HIV status, but social stigma continued.

The Demographic and Health Survey 2013-14 captured a proxy indicator measuring the level of tolerance of respondents towards an HIV-positive person (either family member, businessperson, or teacher) and the necessity of hiding the HIV-positive status of a family member. A total of 72 percent of respondents said they were ready to take care of an HIV-positive parent, but only 47 percent expressed willingness to purchase produce from an HIV-positive seller. A total of 49 percent of respondents would accept having an HIV-positive teacher teach their children, and 26 percent said it would not be necessary to hide the HIV status of a family member. The study estimated a global tolerance level towards HIV-positive persons at 4 percent in women and 12 percent in men.

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

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

HIV and AIDS Social Stigma

There were no reported cases of violence or discrimination against persons with HIV/AIDS, although stigma against individuals with the disease was widespread. Several local associations worked in collaboration with the government to combat social discrimination.

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 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 LGBTI 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 on LGBTI persons, police either rejected or poorly investigated some claims.

Civil society actors reported that some LGBTI individuals were denied access to housing, lost employment, were bullied in schools, and were denied educational and institutional support. Stigma and fear of abuse and intimidation prevented LGBTI organizations from developing their membership or conducting activities such as Pride marches. A representative of one prominent LGBTI organization noted that participation in a Pride celebration would be tantamount to “social suicide,” although the same representative noted that acceptance of LGBTI persons was slowly growing.

HIV and AIDS Social Stigma

Reports from civil society indicated individuals with HIV feared job discrimination if their HIV status became public. This fear resulted in some patients not seeking medical treatment.

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

No laws criminalize same-sex sexual conduct, but societal stigmatization of and discrimination against the LGBTI 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 LGBTI persons or groups; no laws prohibit discrimination. The government’s position is that such sexual orientations and gender identities are inconsistent with cultural beliefs. LGBTI individuals were reportedly subjected to additional discrimination and violence by security forces. Authorities did not investigate these abuses.

LGBTI 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 as well. Some LGBTI individuals were removed from government jobs and academia because of their sexual orientation. School officials reportedly denied transgender children access to some educational facilities. There were persistent reports that family members raped LGBTI women in an effort to impregnate them and supposedly convert them to heterosexuality.

HIV and AIDS Social Stigma

Despite frequent public statements and radio campaigns advocating nondiscrimination, including one by President Obiang, there remained stigma around persons with HIV or AIDS, and many individuals kept their illness hidden. The Ministry of Health and Social Welfare estimated that less than half of persons with HIV sought treatment, and that some persons likely avoided the no-cost treatment because of associated social stigma.

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 lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons do not exist.

There were no known LGBTI organizations in the country.

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 LGBTI persons in housing, employment, nationality laws, and access to government services such as health care. Societal discrimination against LGBTI persons, although gradually lessening, remained a concern, and LGBTI persons often concealed their sexual orientation and gender identity. LGBTI 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. Despite these barriers, LGBTI persons conducted several well publicized public events during the year, including a virtual pride celebration and various organized dialogues, all of which occurred without incident. In contrast to prior years, the government invited outspoken LGBTI rights advocates to participate in government-hosted workshops and dialogues designed to improve public policy, promote inclusion, and develop better economic opportunities for the youth.

HIV and AIDS Social Stigma

Although HIV-related stigma and discrimination appeared to be in decline, discriminatory attitudes and prejudice against persons with HIV persisted. Individuals with HIV reported it was difficult or uncomfortable for them to disclose their HIV status and that frequently their status was revealed to others without their permission. The armed forces encouraged testing and did not discriminate against active military members testing positive. Persons who tested HIV-positive, however, were not recruited by the armed forces.

The constitution and law provide for equality of all persons; no person shall be treated in a discriminatory manner because of race, color, gender, language, religion, political or other opinion, national or social origin, property, birth, or other status. Legal provisions against discrimination do not apply to adoption, marriage, divorce, burial, and inheritance of property. The law prohibits discrimination in employment, access to credit, owning and managing a business, or in housing or education.

There were no reports the government failed to enforce the law.

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

Citing more pressing priorities, the president dismissed homosexuality as a nonissue in the country. In 2018 the country’s delegation to the UN Human Rights Council stated the government did not plan to reverse or change the law. Although the law was rarely enforced, on July 1, local media reported that a Senegalese national was arrested in Kotu for engaging in same-sex relations with another adult. He was initially reported to police for stealing a cell phone of a Gambian man with whom he had sexual relations.

The law does not address discrimination against lesbian, gay, bisexual, transgender, and intersex individuals (LGBTI) persons in essential goods and services such as housing, employment, and access to government services such as health care. There was strong societal discrimination against LGBTI individuals.

HIV and AIDS Social Stigma

Although there were no reports to authorities of HIV-related stigma and discrimination in employment, housing, or access to education or health care, it existed. Societal discrimination against persons infected with HIV/AIDS and fear of rejection by partners and relatives sometimes hindered identification and treatment of persons with the disease. The government’s Gambia National Health Strategic Plan 2014-2020 provides for the care, treatment, and support of persons with or affected by HIV/AIDS. The multisectoral plan includes HIV-prevention programs for high-risk populations.

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

The law criminalizes consensual same-sex sexual conduct and provides penalties of up to 10 years’ imprisonment. The government did not actively enforce the law. The law makes no provision for same-sex 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.

HIV and AIDS Social Stigma

It was common for family members to shun persons with HIV or AIDS.

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

The law criminalizes consensual same-sex sexual conduct between adults, which is punishable by three years in prison; however, there were no known prosecutions. 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. Antidiscrimination laws do not apply to lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals.

Deep religious and cultural taboos existed against consensual same-sex sexual conduct. There were no official or NGO reports of discrimination based on sexual orientation or gender identity, although societal stigma likely prevented victims from reporting abuse or harassment. There were no publicly active LGBTI organizations, although some organizations worked to raise awareness concerning HIV and AIDS and prevent human rights abuses among vulnerable communities.

HIV and AIDS Social Stigma

Laws exist to protect persons with HIV from stigmatization, but the government relied on donor efforts to combat discrimination against persons with HIV or AIDS. Government efforts were limited to paying salaries for health-service providers. Most victims of stigmatization were women whose families abandoned them after their husbands died of AIDS.

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, or intersex (LGBTI) individuals. In July a man was attacked because of his sexual orientation, but he reportedly did not press charges due to fear of retaliation.

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

Consensual same-sex sexual activity among men is illegal under the law and is punishable by up to two years in prison. Anal intercourse is punishable with a maximum sentence of life in prison, regardless of whether the intercourse is between persons of the same sex. These laws were not enforced during the year; activists reported it was more common for police to use the law to intimidate men who were gay or perceived to be gay than to make arrests. A law criminalizing cross-dressing remains despite a 2018 decision by the Caribbean Court of Justice that the law is unconstitutional.

No antidiscrimination legislation exists to protect persons from discrimination based on real or perceived sexual orientation, gender identity or expression, or sex characteristics. NGOs reported widespread discrimination of persons in this regard. Reports noted official and societal discrimination in employment, access to education and medical care, and in public space. According to a 2014 survey, approximately 12 percent of men who had sex with men experienced stigma daily, while approximately 30 percent of transgender youth and adults encountered stigma every day or regularly. A leading lesbian, gay, bisexual, transgender, and intersex (LGBTI) NGO reported frequent acts of violence against members of the LGBTI community.

HIV and AIDS Social Stigma

A 2014 UNICEF survey reported only 23 percent of persons ages 15 to 49 expressed accepting attitudes towards individuals with HIV.

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

There were reports police condoned violence against lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals. Some LGBTI groups reported the HNP and judicial authorities were inconsistent in their willingness to document or investigate LGBTI persons’ claims of abuse. On July 1, a transgender woman was attacked by motorcycle taxi drivers in the street. Activist groups reported that part of the attack was recorded, but even so, police declined to investigate when they learned the victim was a transgender person.

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

The government’s legal reforms announced in June, and scheduled to enter into force in 2022, offer specific protections to LGBTI persons for the first time. The proposed changes include making LGBTI persons a protected group and imposing penalties on public agents, persons, and institutions that refuse services on the grounds of someone’s sexual orientation. The reforms prompted intense national debate and protests led by local religious leaders. LGBTI activists reported increased hostility towards LGBTI persons as a result and said they had not been consulted about the reforms. Many, however, said they were pleased by the new protections and viewed the reforms as an opportunity to stimulate national dialogue.

In July a mob threw stones and shot at a transgender shelter, activists reported. A new crisis telephone line for the LGBTI community reported 20-30 calls per day after its establishment in July, with most callers expressing fear about hostility surrounding the proposed legal reforms.

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

The investigation into the November 2019 death of Charlot Jeudy, head of the LGBTI rights group KOURAJ, remained open as of November.

HIV and AIDS Social Stigma

Stigma against persons with HIV or AIDS was strong and widespread. In 2019 UNAIDS reported 63 percent of adults in the country said they would not purchase vegetables from a seller known to be HIV-positive, while 55 percent believed students with HIV should not attend school.

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. While few details were available for specific cases, lesbian, gay, bisexual, transgender, and intersex (LGBTI) activists expressed concern that the government executed LGBTI individuals under the pretext of more severe, and possibly specious, criminal charges such as rape. In June 2019 the foreign minister appeared to defend executions of LGBTI persons for their status or conduct. After being asked by a journalist in Germany why the country executes “homosexuals,” the foreign minister stated, “Our society has moral principles. And we live according to these principles. These are moral principles concerning the behavior of people in general. And that means that the law is respected and the law is obeyed.”

Security forces harassed, arrested, and detained individuals they suspected of being LGBTI. In some cases security forces raided houses and monitored internet sites for information on LGBTI 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.

In a September survey of more than 200 individuals living in the country and identifying as LGBTI, 6Rang found that 15 percent reported being victims of sexual violence at their school or university, 30 percent reported being victims of sexual violence by their peers, and more than 42 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 LGBTI status or conduct. Authorities particularly blocked websites or content within sites that discussed LGBTI issues, including the censorship of Wikipedia pages defining LGBTI and other related topics. There were active, unregistered LGBTI NGOs and activists in the country.

There was no available update in the case of Rezvaneh Mohammadi, a gender-equality activist sentenced to five years in prison by a revolutionary court in December 2019. 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 with threats of rape, to confess to receiving money to overthrow the government.

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.

NGOs reported authorities pressured LGBTI persons to undergo gender reassignment surgery. According to a July report by 6Rang, the number of private and semigovernmental psychological and psychiatric clinics allegedly engaging in “corrective treatment” or reparative therapies of LGBTI persons continued to grow. The NGO 6Rang reported the increased use at such clinics of electric shock therapy to the hands and genitals of LGBTI persons, prescription of psychoactive medication, hypnosis, and coercive masturbation to pictures of the opposite sex. According to 6Rang, one such institution is called The Anonymous Sex Addicts Association of Iran, with branches in 18 provinces.

HIV and AIDS Social Stigma

Despite government programs to treat and provide financial and other assistance to persons with HIV/AIDS, international news sources and organizations reported that individuals known to be infected with HIV/AIDS faced widespread societal discrimination. Individuals with HIV or AIDS, for example, continued to be denied employment as teachers.

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

Consensual sexual conduct between men is illegal, with a maximum penalty of 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 on the basis of 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.

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 employment, health care, and education. 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, and intersex (LGBTI) 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 LGBTI persons to conceal their sexual orientation or gender identity. A representative noted police were insensitive to the needs of the LGBTI community. The center also noted increased homophobic public reactions in social media since the introduction of country-wide government measures against the COVID-19 pandemic.

Police were inclusive and accepting of LGBTI 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 for at-risk LGBTI persons.

In August 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 changed their identity documents following lengthy court procedures, while four citizens’ requests for change of identity documents have not been resolved.

On September 4, Prime Minister Hoti and Serbian President Vucic signed agreements in which the two countries agreed to work with foreign governments to decriminalize homosexuality in the 69 countries where it is considered a crime.

HIV and AIDS Social Stigma

There were no confirmed reports of official discrimination against persons with HIV or AIDS during the year.

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 LGBTI issues. LGBTI 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 homosexuality. LGBTI NGOs reported harassment and continuing surveillance of their workers by security services.

In 2014 HRW released a report based on interviews with 40 LGBTI 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 LGBTI 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 LGBTI community reported that authorities regularly monitored chatrooms and dating sites in an effort to punish and extort those who were seeking homosexual sex through online venues.

LGBTI-friendly NGOs reported that violence against LGBTI persons increased during the state of emergency introduced due to COVID-19, especially family members committing violence against LGBTI persons during quarantine. In the aftermath of the March 8 Women’s March, attacked by ultranationalists in part due to rumors that it was a gay pride march, Member of Parliament Zhyldyz Musabekova published posts on social media calling for violence against LGBTI persons. Musabekova wrote, “Tired of these gays turning the holiday into a mess. They did the right thing and drove them away. Now we need to kick them out of the country.”

On September 29, unknown entities posted a graphic video on social media targeting the American University in Central Asia (AUCA), opposition parties, and the United States for promoting “Western amoral principles” in the country. The video, which included secret recordings of sex acts between two male members of the AUCA community, paints anyone associated with the university, including the leadership of numerous major opposition parties such as Bir Bol and Reforma, as stooges of the West and “promoters of the LGBTI agenda.”

HIV and AIDS Social Stigma

While the law protects against discrimination and stigmatization of persons with HIV or AIDS, according to UNAIDS, persons with HIV continued to encounter high levels of stigma and discrimination. According to 2015 Stigma Index data, HIV-positive persons felt fear or experienced verbal abuse, harassment, and threats, with some reporting incidents of physical abuse and assault. Civil society reported that social stigma of positive HIV/AIDS status led to loss of employment and a lack of access to housing for individuals with such a status or LGBTI persons. A 2019 study conducted by Kyrgyz Indigo, an LGBTI advocacy organization, found that more than 70 percent of gay and bisexual men did not know their HIV/AIDS status.

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.” Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons faced societal discrimination and official insensitivity to this discrimination.

The law prohibits discrimination attributable to sex; it does not explicitly forbid discrimination against LGBTI persons. The LGBTI rights NGO Matrix reported discrimination in access to health care and in participation in religious activities continued to decline due to its public sensitization campaigns. There were no reports of employment discrimination.

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

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

LGBTI persons continued to record instances of assaults, harassment, and hate speech by community members. In October, two members of a group known for beating and humiliating persons suspected to be LGBTI were arrested and referred to the Monrovia City Court at Temple of Justice. Defendant Cheeseman Cole, believed to be the ringleader of the group, along with Emmanuel Tarpeh, were arraigned before Magistrate Jomah Jallah to answer to multiple offenses that included criminal attempt to commit murder and aggravated assault, among others. Cole and Tarpeh were later remanded at the Monrovia Central Prison to await prosecution after they could not secure a lawyer to process bail for their release. Cole, who was dishonorably discharged from the armed forces due to acts of criminality, faced allegations of brutality and torture against numerous young men he lured to his residence via Facebook over unfounded suspicion they were gay.

The Liberian Initiative for the Promotion of Rights, Identity, and Equality reported that in November 2019 an HIV testing drop-in center was stormed by members of the surrounding community who attacked a number of LGBTI persons who had gathered to celebrate a birthday. Reports indicated that approximately 10 persons were injured and five hospitalized, including one person stabbed and another knocked unconscious.

On November 12, OHCHR and UNDP published the Sexual Orientation, Gender Identity and Rights in Africa: Liberia Country Report. The report calls attention to challenges and abuses LGBTI individuals face in Liberia, including arbitrary detention, violence, discrimination, stigma, inequality, social exclusion, as well as the denial of rights to freedom of expression, association, and assembly. The launch event was organized by the INCHR, with the approval of a number of LGBTI organizations. In the weeks following the report launch, several threats to the LGBTI community were reported, one allegedly emanating from a government official. The threats prompted a number of activists to seek relocation assistance.

LGBTI 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/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 LGBTI persons due to several training sessions on sexual and reproductive rights. Police sometimes ignored complaints by LGBTI persons, but LGBTI activists noted improvements in treatment and protection from police after officers underwent human rights training.

LGBTI individuals faced discrimination in accessing housing, health care, employment, and education. There were several reports from LGBTI activists that property owners refused housing to members of the LGBTI community by either denying applications or evicting residents from their properties. In 2016 the Liberia Business Registry denied registration to an NGO promoting human rights of LGBTI persons for “activity which is not allowed in Liberia.” The organization was later able to register under an acronym and with a modified scope of work.

There were press and civil society reports of harassment of persons on the basis of their real or perceived sexual orientation or gender identity, with some newspapers targeting the LGBTI community. Hate speech was a persistent issue. Influential figures such as government officials and traditional and religious leaders made public homophobic and transphobic statements.

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

HIV and AIDS Social Stigma

The law prohibits “discrimination and vilification on the basis of actual and perceived HIV status” in the workplace, school, and health facilities, with conviction of offenses punishable by a small fine.

The most recent demographic and health survey (2019) found no measurable change since 2007 in popular attitudes, which remained broadly discriminatory, toward those with HIV. HIV-related social stigma and discrimination discouraged individuals from testing for their HIV status, thus limiting HIV prevention and treatment services. According to UNAIDS, an estimated 47,000 persons had HIV in the country during the year, with approximately 1,900 new cases reported annually. Children orphaned because of AIDS faced similar social stigma.

Government ministries developed, adopted, and implemented several plans to combat social stigma and discrimination based on HIV status. The Ministry of Health supported training to make health-care facilities more receptive to key populations, held discussions and outreach sessions, and provided services through drop-in centers. The Ministry of Justice and police worked with civil society organizations to engage key populations.

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

Societal discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) 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 LGBTI orientations and their families.

In December 2019 an internationally recognized, Tripoli-based journalist, Redha al-Boum, was arbitrarily detained and tortured by a GNA-aligned group for two weeks for reporting on human rights conditions in the country, including coverage of the LGBTI community. According to international watchdog groups, he was conditionally released while awaiting a potential referral for trial proceedings.

HIV and AIDS Social Stigma

There was no available information on societal violence toward persons with HIV or AIDS.

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

The law defines discrimination based on gender and sexual orientation as a criminal offense. It also prohibits debasement, slander, and incitement to hate based on an individual’s gender and sexual orientation. The law further prohibits the refusal of general services based on an individual’s gender and sexual orientation. The government enforced the law.

The country’s lesbian, gay, bisexual, transgender, and intersex (LGBTI) community issued no formal complaints of abuse or discrimination, including against persons with HIV/AIDS. The LHRA noted, however, that there is no legal basis for a change of civil status, such as gender reassignment or changed gender identify. It stated there is also no possibility of indicating a third sex on official documents.

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

The law provides for a prison sentence of two to five years and fines for acts that are “indecent or against nature with an individual of the same sex younger than 21,” which is understood to include sexual relations. Authorities enforced this law. No law prohibits same-sex sexual conduct for those older than 21. Members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) 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 LGBTI persons. There were no reports of discrimination in housing, employment, nationality laws, or access to government services. No laws prevent transgender persons from identifying with their chosen gender.

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

On March 10, the Court of Antananarivo committed a member of the LGBTI community, age 33, to pretrial detention. The mother of her age 19 girlfriend sued her for corruption of a minor. The Court granted the defendant a temporary release in early April after the intervention of organizations and activists.

HIV and AIDS Social Stigma

Health-care providers subjected persons with HIV or AIDS to stigma and discrimination. HIV and AIDS patients have the right to free health care, and the law specifies sanctions against persons who discriminate against or marginalize persons with HIV or AIDS. Apart from the National Committee for the Fight against AIDS in Madagascar, national institutions–including the Ministries of Health and Justice–did not effectively enforce the law.

In August the newspaper Les Nouvelles reported that persons infected by HIV continued to be stigmatized.

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

The law criminalizes consensual same-sex sexual activity, 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 activity may also be prosecuted as “conduct likely to cause a breach of the peace.”

The Center for the Development of People documented 15 instances of abuse based on sexual orientation and gender identity. The nature of the abuses fell into three broad categories: stigma, harassment, and violence.

While the law does not prohibit discrimination against LGBTI persons, the revised Malawi National Strategic Plan for HIV and AIDS (2020-25) has also included the transgender and the men who have sex with men community as part of the key populations to be targeted reach towards its goals.

HIV and AIDS Social Stigma

Societal discrimination against persons with HIV and AIDS remained a problem, especially in rural areas. Many individuals preferred to keep silent regarding their health conditions rather than seek help and risk being ostracized. Campaigns by the government and NGOs to combat the stigma had some success. The National AIDS Commission maintained that discrimination was a problem in both the public and private sectors.

The 2012 People Living with HIV Stigma Index for Malawi indicated that of 2,272 persons with HIV interviewed, significant percentages reported having been verbally insulted, harassed, and threatened (35 percent) and excluded from social gatherings (33 percent).

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 100 lashes under Maldives Islamic law. None of the legal provisions prohibiting discrimination covers discrimination based on sexual orientation or gender identity. No organizations focused on lesbian, gay, bisexual, transgender, and intersex (LGBTI) problems in the country. There were no reports of officials complicit in abuses against LGBTI persons, although societal stigma likely discouraged individuals from reporting such problems. Local citizens who expressed support for LGBTI rights on social media reportedly were targeted for online harassment as “apostates” or irreligious. In June groups of protesters gathered outside the residences of two men on two separate islands, accusing the men of engaging in same-sex relations. Media reported the men were taken into police custody on both occasions.

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

The law prohibits association “for an immoral purpose.” Nonetheless, anecdotal evidence suggested there was an upsurge in targeting of LGBTI individuals and their full protection remained in question. In January, reportedly in response to allegations of inappropriate sexual conduct, 15 young men were arrested at a social event. The defendants were apparently targeted for their perceived sexual orientation and were accused of indecency, trafficking in persons, corruption of minors, and rape. Following their arrest, clinics where some of them were receiving HIV care were ransacked and temporarily closed. Observers believed the clinics were targeted for their work serving key populations at risk of HIV. It was difficult to obtain information regarding the specific sequence of events and the young men’s treatment while in police custody. According to the government, their detention was intended to protect this vulnerable group. As of December three of the 15 remained in pretrial detention pending a continuing investigation.

No laws specifically prohibit discrimination based on sexual orientation or gender identity.

NGOs reported LGBTI individuals experienced physical, psychological, and sexual violence, which society viewed as “corrective” punishment. Family members, neighbors, and groups of strangers in public places committed the majority of violent acts, and police frequently refused to intervene. Most LGBTI individuals isolated themselves and kept their sexual orientation or gender identity hidden. An NGO reported that LGBTI 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.

HIV and AIDS Social Stigma

Societal discrimination against persons with HIV and AIDS occurred. HIV positivity was often locally perceived to be synonymous with LGBTI. The government implemented campaigns to increase awareness of the condition and reduce discrimination against persons with HIV and AIDS.

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, and intersex persons.

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

No laws protect lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons from discrimination. Under sharia as applied in the country, consensual same-sex sexual activity between men is punishable by death if witnessed by four individuals, and such activity between women is punishable by three months to two years in prison and a token fine. The government did not actively enforce these measures. The LGBTI 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 LGBTI Nouakchott Group of Solidarity Association (issued in 2017), the rights of LGBTI persons are not recognized and therefore not protected. LGBTI persons lived in perpetual fear of being driven out by their families and rejected by society in general. As a result, they did not attend or participate in public activities due to fears of retribution and violence. On January 30, eight men were convicted and sentenced to two years for disturbing public morals after video circulated of a celebration at a private Nouakchott party involving mostly LGBTI men. In March the Nouakchott Appeals Court dropped the initial charges and ordered the release of seven of the eight men. The remaining man was sentenced to two months in prison for disturbing the peace.

HIV and AIDS Social Stigma

Persons infected with HIV/AIDS were often isolated due to societal taboos and prejudice associated with the disease but were gradually becoming more accepted within society and by the government. These individuals were often involved in the implementation of state programs to combat infectious diseases, HIV/AIDS, malaria, and tuberculosis.

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

The law does not specifically criminalize consensual same-sex sexual activity. It criminalizes sodomy, however, for both same-sex and heterosexual couples. Authorities rarely used the sodomy statute against same-sex couples, unless one of the partners cited sodomy in the context of sexual assault.

Lesbian, gay, bisexual, transgender, and intersex (LGBTI) 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. The law allows individuals who have had same-sex sexual activity to donate blood so long as they satisfy blood donation requirements, namely, not having had unprotected sex in the 12 months prior to the donation. There were unsubstantiated claims, however, that health officials still prevented LGBTI persons who engage in sodomy from donating blood. Unlike in previous years, there were no incidents or counterprotests during the Gay Pride march.

HIV and AIDS Social Stigma

The law provides that persons with HIV or AIDS should be free from stigmatization and discrimination. There were no pending cases of discrimination against such persons or their relatives.

The local NGO Aide Infos Liberte Soldarite (AILES) reported that authorities did not automatically grant HIV/AIDS patients social aid unless accompanied by a social worker to advocate their cases.

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

The law prohibits employment discrimination based on sexual orientation, but societal discrimination based on sexual orientation and gender identity continued. The lesbian, gay, bisexual, transgender, and intersex (LGBTI) community reported verbal and physical abuse. In most cases police were reluctant to open investigations against the perpetrators. According to a survey conducted by the Antidiscrimination Council in 2018, the LGBTI community had the lowest societal acceptance rate of any minority group.

In June the NGO Genderdoc-M organized the 19th annual Moldova Pride Festival. Due to the COVID-19 pandemic, events were conducted almost exclusively online. Genderdoc-M rented three billboards bearing the festival’s theme, “I Am Close to You but You Don’t Know Me,” to carry information about LGBTI pride for one month. The company leasing the billboards removed the signs after two weeks, reportedly at the request of Chisinau city government. Genderdoc-M filed a complaint with the Equality Council, which had not ruled on the matter at year’s end.

A 2019 Promo-LEX report, Hate Speech and Discrimination in the Public Space and Media, noted that hatred and discrimination based on sexual orientation and gender identity dropped by approximately 30 percent in 2019 compared to 2018. The LGBTI community remained among the groups that were most vulnerable to hate speech and was subjected to some of the most aggressive and violent speech registered by authorities. During the electoral campaign for the November 15 runoff presidential election, President Igor Dodon promised to ban LGBTI parades.

Genderdoc-M reported eight verbal and nine physical assaults against LGBTI individuals during the year. On May 8, the parents of a 15-year-old girl reportedly beat her after they were told that she was a lesbian. The girl filed a complaint at the Securuel police station in Riscani, Chisinau, with the support of Genderdoc-M representatives. The responding police officer initially refused to accept the complaint and called the girl’s parents to the station. Only after a Genderdoc-M representatives threatened to call the national emergency number did the officer begin recording the complaint and call a victims specialist. Genderdoc-M later filed a complaint against the officer with the Ministry of Interior.

On April 15, a young man was walking in central Chisinau when a minibus stopped next to him and several individuals forced him into the vehicle. He was taken to an alley where a group of assailants beat him and threatened him using derogatory terms for homosexuals. He was forced to put a condom on his head and then forced to eat a second condom. The attackers threatened to set him on fire and additional unspecified violence if he reported the attack. The attack was recorded on one of the attackers’ cell phone and later posted on social media. Police were investigating the attack at year’s end.

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. Transgender individuals also experienced employment discrimination (see section 7.d.).

In Transnistria consensual same-sex sexual activity is illegal, and LGBTI persons were subjected to official as well as societal discrimination. A young gay man in Transnistria was reported to be under investigation by “authorities” for refusing conscription into the separatist military. He expressed fear of violence and discrimination within the “military” and relocated to Moldovan government-controlled territory to escape persecution.

HIV and AIDS Social Stigma

Persons living with HIV continued to face societal and official discrimination.

The law prohibits hospitals and other health institutions from denying admission or access to health-care services or requesting additional fees from persons with HIV or suspected of being HIV-positive. Prison inmates with HIV or AIDS faced high levels of discrimination by both prison staff and other inmates. Official practice requires that positive HIV test results be reported to the public health sector’s infectious disease doctor. In some cases positive test results were also reported to the patient’s family physician, a practice to which many HIV-positive individuals objected.

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.

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, and intersex persons. There were isolated reports of violence against persons based on sexual orientation and gender identity.

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

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

According to local LGBTI advocacy groups, the government did not provide equal opportunities for LGBTI persons in education, health care, or employment (see section 7.d.). Additionally, advocacy groups stated that some LGBTI persons faced difficulties in registering for citizenship, particularly in rural areas.

Although several LGBTI candidates ran for office in local elections in recent years, LGBTI activists noted that election authorities prevented one person in 2017 who self-identified as third gender from registering as a candidate for vice mayor 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, LGBTI 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 LGBTI rights NGOs, harassment and abuse of LGBTI persons by private citizens and government officials declined during the year, especially in urban areas, although such incidents still occurred.

LGBTI rights groups reported that gender and sexual minorities faced harassment from police during the year. The Nepal Police HRC confirmed that some low-level harassment occurred because many citizens held negative views of LGBTI persons.

HIV and AIDS Social Stigma

There was no official discrimination against persons who provided HIV-prevention services or against high-risk groups that could spread HIV/AIDS.

Societal discrimination and stigma against persons with HIV and those at high risk of HIV remained common, according to NGOs.

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

Lesbian, gay, bisexual, transgender, and intersex (LGBTI) groups reported lack of access to justice and discrimination and lack of response from the NNP. The government and FSLN supporters frequently targeted LGBTI participants in civil protests in particular, using online smear campaigns and physical attacks in some cases. LGBTI opposition members were particularly targeted with sexual violence by the NNP, parapolice, and progovernment supporters. In September a lesbian opposition leader was raped and beaten, reportedly due to her political activism. The NNP had not investigated the case as of September. LGBTI activists said political prisoners self-censored 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 LGBTI persons.

Transgender women detained for participating in prodemocracy protests were particularly harassed while in custody. They were kept 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. There were reports of attacks against Celia Cruz, a political prisoner and transgender woman, and the NNP reportedly failed to investigate the cases appropriately.

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. LGBTI persons, however, continued to face widespread societal discrimination and abuse, particularly in housing, education, and employment. LGBTI organizations continued to complain the law curtailed the rights of LGBTI households by defining families as necessarily headed by a man and a woman; this definition particularly affected LGBTI households’ access to social security, survivor benefits, and adoption rights.

HIV and AIDS Social Stigma

The law provides specific protections for persons with HIV or AIDS against discrimination in employment and health services, but such persons continued to suffer societal discrimination. An administrative resolution issued by the Ministry of Health continued in effect, declaring that HIV/AIDS patients should not suffer discrimination and making available a complaints office.

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 states an “unnatural act” with a person younger than 21 of the same sex is punishable by six months to three years in prison and fines.

Gay men and lesbians experienced societal discrimination and social resentment. Lesbian, gay, bisexual, transgender, and intersex rights 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.

HIV and AIDS Social Stigma

Persons with HIV or AIDS experienced societal discrimination, although strong government efforts discouraged such discrimination. In conjunction with several other organizations working on HIV/AIDS topics, the government continued its antidiscrimination campaign. The law provides for protection against discrimination for persons suffering from diseases such as HIV or AIDS and sickle cell anemia.

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, and intersex (LGBTI) rights group Equaldex, no legal mechanisms exist for LGBTI individuals to protect against discrimination in housing and employment. Same-sex adoption is illegal. Equaldex characterized legal protections toward same-sex sexual activity, the right to change legal gender, and gay and lesbian persons serving openly in the military as ambiguous.

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.

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

There is no law that 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.” 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 lesbian, gay, bisexual, transgender, or intersex (LGBTI) 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 LGBTI persons. Authorities investigated and punished these acts of violence. Surveys of LGBTI populations by local NGOs indicated a majority of violence occurred among persons within the same family. Authorities refused to recognize one organization until it removed from all registration documents language indicating the organization’s focus on the LGBTI community.

There is no law prohibiting discrimination against LGBTI persons in housing, employment, nationality laws, and access to government services.

HIV and AIDS Social Stigma

Public opinion polls conducted by the World Bank in 2012 showed significant societal discrimination against individuals with HIV or AIDS. The law provides penalties for unlawful divulgence of medical records by practitioners, negligence in treatment by health-care professionals, family abandonment, and unwarranted termination of employment. Civil society organizations advocating for the rights of persons with HIV or AIDS were well organized and sought fair treatment, especially regarding employment.

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

“Sodomy” and “indecency between males” are illegal, with maximum penalties of seven and five years’ imprisonment, respectively, but authorities did not enforce these provisions with regard to 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 generally accepted the traditional Polynesian transgender, nonbinary Fa’afafine community, which plays a prominent role in the country, members of the community reported instances of social discrimination.

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. In June a specific prohibition of discrimination based on sexual orientation was added via an amendment to the country’s constitution. This followed the legalization of civil unions, including for same-sex couples, approved by parliament in 2018.

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.

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

The law does not criminalize consensual same-sex sexual activity. Antidiscrimination laws do not explicitly extend protections to lesbian, gay, bisexual, transgender, and intersex (LGBTI) 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 LGBTI status. While there were no official impediments, LGBTI organizations did not exist.

HIV and AIDS Social Stigma

Communities and families often rejected and shunned persons with HIV/AIDS. NGOs held awareness-raising campaigns and interventions with employers to address discrimination against employees with HIV/AIDS.

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

An 1861 law criminalizes same-sex sexual activity between men. There is no legal prohibition against same-sex sexual activity between women. The law, which carries a penalty of life imprisonment for “indecent assault” upon a man or 10 years’ imprisonment for attempting such an assault, was not enforced. The constitution does not offer protection from discrimination based on gender identity or sexual orientation. Lesbian, gay, bisexual, transgender and intersex (LGBTI) civil society groups alleged that because the law prohibits same-sex sexual activity between men, it limits LGBTI persons from exercising their freedoms of expression and peaceful assembly. The law, however, does not restrict the rights of persons to speak out on LGBTI human rights. No hate crime law covers bias-motivated violence against LGBTI persons. The law does not address transgender persons.

A few organizations, including Dignity Association, supported LGBTI persons, but they maintained low profiles. Although LGBTI groups noted that police bias against LGBTI individuals had not disappeared, they did report that police were increasingly treating LGBTI persons with understanding.

LGBTI advocates reported that 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 LGBTI persons faced no discrimination in schools. The government reportedly registered a transsexual organization in 2018, and advocates stated they have engaged with the HRCSL on LGBTI matters.

It was difficult for LGBTI individuals to receive health services; many chose not to seek medical testing or treatment due to fear their right to confidentiality would be ignored. Obtaining secure housing was also a problem for LGBTI persons. Families frequently shunned their LGBTI children, leading some to turn to commercial sex to survive. Adults risked having their leases terminated if their LGBTI status became public. Women in the LGBTI community reported social discrimination from male LGBTI persons and the general population.

As of September there was no information regarding any official action by government authorities to investigate or punish public entities or private persons complicit in abuses against LGBTI persons.

HIV and AIDS Social Stigma

The law prohibits discrimination based on actual, perceived, or suspected HIV status, but society stigmatized persons with HIV/AIDS. The Network of HIV Positive in Sierra Leone in 2017 informed stakeholders and government officials that HIV/AIDS stigma was on the increase. A study published by the journal BMC Public Health in February on Ebola-related stigma and its association with informal healthcare utilization among Ebola survivors indicated that HIV/AIDS patients share similar psychosocial challenges with Ebola survivors in terms of social isolation, fear of contagion, and family and community stigma and discrimination.

HIV and AIDS Social Stigma

Persons with HIV or AIDS continued to face discrimination and abuse in their local communities and by employers in all regions. The UN reported that persons with HIV or AIDS experienced physical abuse, rejection by their families, and workplace discrimination and dismissal. Children of HIV-positive parents also suffered discrimination, which hindered access to services. There was no official response to such discrimination.

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. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons reported security forces routinely harassed and sometimes arrested, detained, tortured, and beat them. Because of actively hostile government rhetoric and actions, most openly LGBTI citizens fled the country.

HIV and AIDS Social Stigma

While there were no reports filed regarding discrimination against persons with HIV/AIDS, discrimination was widely believed to be both pervasive and socially acceptable. Key groups especially vulnerable to stigma and discrimination included commercial sex workers and LGBTI persons. This stigma often presented a barrier to seeking and receiving services for the prevention, diagnosis, and treatment of HIV/AIDS.

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

The law does not specifically prohibit homosexuality but criminalizes sodomy, which is punishable if convicted by five years in jail for an initial offense. The CLTG abolished corporal and capital punishment for conviction of sodomy. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons are not considered a protected class under antidiscrimination laws. Anti–LGBTI sentiment remained pervasive in society. LGBTI organizations alleged being pressured to alter their activities due to threat of harm.

There were no reports of official action to investigate or punish those complicit in LGBTI-related discrimination or abuses.

HIV and AIDS Social Stigma

There was societal discrimination against persons with HIV/AIDS.

Promotion of Acts of Discrimination

There were multiple reports of hate speech and discriminatory language during the year. Reports increased following the appointment of civilian governors in areas where ethnic groups opposed an appointed governor because he or she belonged to a different group.

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 punishable by imprisonment up to three years. In previous years police used this charge to prosecute LGBTI individuals. There were no reports of prosecutions under the law during the year, but the ARC Foundation and the Dutch Council for Refugees reported in June that LGBTI individuals believed they were not able to seek protection from the regime. NGO reports indicated the regime had arrested dozens of LGBTI persons since 2011 on charges such as abusing social values; selling, buying, or consuming illegal drugs; and organizing and promoting “obscene” parties. In July, HRW reported LGBTI persons were subject to “increased and intensified violence based on actual or perceived sexual orientation or gender identity. The sexual violence described included rape, sexual harassment, genital violence, threat of rape of themselves or female family members, and forced nudity by state and nonstate armed groups. This violence took place in various settings, including regime detention centers, checkpoints, central prisons, and within the ranks of the national army.”

Although there were no known domestic NGOs focused on LGBTI matters, there were several online networking communities, including an online LGBTI-oriented magazine. Human rights activists reported there was overt societal discrimination based on sexual orientation and gender identity in all aspects of society.

The HTS reportedly detained, tortured, and killed LGBTI individuals in the territories they controlled (see section 1.g.). HRW reported instances of blackmail and harassment targeting the LGBTI community, many involving men who were perceived as gay.

HIV and AIDS Social Stigma

There were no reports of violence or discrimination against persons with HIV or AIDS, but human rights activists believed such cases were underreported, and the UN Development Program (UNDP) noted that stigma affected access to health care. The UNDP assessed COVID-19 presented barriers access to HIV testing and treatment. HRW reported in April that, due to restrictions on aid delivery to northeast Syria, Kurdish authorities repurposed test kits designed for HIV and polio to respond to the lack of available COVID-19 testing kits.

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

The constitution and law are silent on consensual same-sex sexual conduct and other matters of sexual orientation and gender identity. In a 2019 speech on the day of a Pride March in Dili, President Lu-Olo called for a society where “all citizens can live free from discrimination, violence, and fear.” While physical abuse in public or by public authorities was uncommon, lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons were often verbally abused 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 LGBTI individuals.

Access to education was limited for some LGBTI 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 LGBTI community issues in its national inclusive-education policy. CODIVA conducted LGBTI awareness training sessions for national police officers throughout the country.

HIV and AIDS Social Stigma

According to civil society organizations, HIV and AIDS patients experienced social stigma and were ostracized by their families and communities. The national HIV/AIDS commission provided training to medical staff on fair and humane treatment for HIV/AIDS patients, with the goal of reducing discrimination patients encountered at hospitals and medical centers.

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

The law prohibits “acts against nature committed with an individual of one’s sex,” widely understood as a reference to same-sex sexual activity. The law provides that a person convicted of engaging in consensual same-sex sexual activity may be sentenced to one to three years’ imprisonment and a substantial fine, but it was not enforced. On those occasions when police arrested someone for engaging in consensual same-sex sexual activity, the justification for the arrest was usually for some other legal infraction, such as disturbing the peace or public urination. The law forbids promotion of immorality, which is understood to include promotion of same-sex activities. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons faced societal discrimination in employment, housing, and access to education and health care. Existing antidiscrimination law does not apply to LGBTI persons. No law allows transgender persons to change gender markers on government-issued identity documents.

LGBTI groups may register with the Ministry of Territorial Affairs as health-related groups, particularly those focused on HIV/AIDS prevention. Activists reported violence against LGBTI persons was common, but police ignored complaints. Most human rights organizations, including the CNDH, refused to address LGBTI concerns.

HIV and AIDS Social Stigma

The law prohibits discrimination against persons with HIV/AIDS, and the government sponsored broadcasts aimed at deterring discrimination. The government National Council for the Fight against AIDS (CNLS) is mandated with preventing discrimination against individuals living with HIV/AIDS. The CNLS conducted awareness raising activities, training, and other activities focused on achieving the objectives of the National Strategic Plan to Fight against HIV/AIDS 2016-2020. Persons with HIV/AIDS nonetheless faced some societal discrimination. For example, there were cases of family abandonment when HIV-positive status was discovered, and the perception that HIV/AIDS was religious punishment for wrongdoing persisted.

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, or intersex 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.

HIV and AIDS Social Stigma

There were no reports of discrimination or violence against persons based on HIV/AIDS status, but social stigma or intimidation may have prevented reporting of incidents of discrimination or violence.

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, and intersex persons. Society did not accept transgender individuals, and the government provided no legal protection or recognition of their gender identity.

On May 23, Turkmen.news reported the famous Turkmen master of ceremonies with initials G.S. was sentenced to two years’ imprisonment for sodomy (sexual relations of a man with a man) imprisoned with several others who signed confessions. Turkmen.news claimed he was the son of a well known diplomat. G.S. was arrested in March.

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 lesbian, gay, bisexual, transgender, and intersex 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.

HIV and AIDS Social Stigma

Persons with HIV/AIDS faced some societal and employment discrimination. The government and NGOs cooperated to inform the public regarding HIV/AIDS and to counter discrimination.

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

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 of imprisonment. The government occasionally enforced the law. Although the law does not restrict freedoms of expression or peaceful assembly for those speaking out in support of the human rights of LGBTI persons, the government severely restricted such rights. The law does not prohibit discrimination against LGBTI persons in housing, employment, nationality laws, or access to government services.

LGBTI persons faced discrimination, legal restrictions, harassment, violence, and intimidation. Authorities incited, perpetrated, and tolerated violence against LGBTI individuals and blocked some meetings organized by LGBTI persons and activists. On July 19, local government authorities in Kyenjojo Town disrupted a meeting of LGBTI persons organized by the Western Uganda Faith-based Organizations Network, accusing it of breaching COVID-19 rules. Local civil society organizations reported that public and private health-care services turned away LGBTI persons who sought medication and some health-care providers led community members to beat LGBTI persons who sought health care. Local civil society organizations reported that some LGBTI persons needed to pay bribes to public health-care providers before they received treatment. According to civil society organizations, UPF and LDU officers–together with local government officials–raided the Children of the Sun Foundation shelter in Kyengera Town on March 29 and arrested 20 LGBTI persons, accusing them of violating COVID-19 public health guidelines by gathering in a closed space. Activists said the mayor of Kyengera, Abdul Kiyimba, personally beat two of the suspects “as he questioned them about their homosexuality.” Lawyers for the group reported prison authorities repeatedly denied them access to their clients while in pretrial detention, citing government restrictions on movement aimed at combatting COVID-19. On May 15, after the LGBTI persons’ lawyers filed suit, the UPS granted the lawyers access to the 20 LGBTI persons, two of whom stated UPS wardens subjected them to forced anal exams. On May 19, the UPS released 19 LGBTI persons, after the Office of the Director of Public Prosecution dropped all charges on May 15. The UPS released the final person on May 27. LGBTI activists reported on July 21 that they had sued the Kitalya prison deputy commander, Philemon Woniala, and Kyengera mayor Abdul Kiyimba for torture and inhuman treatment. The case continued at year’s end.

HIV and AIDS Social Stigma

Although the law prohibits discrimination against persons with HIV/AIDS, discrimination and stigma were common and inhibited these persons from obtaining treatment and support. Local civil society organizations reported the stigma resulted from limited public knowledge about the methods of HIV transmission as well as “the belief that having HIV is shameful.” Civil society organizations reported that stigma pushed persons with HIV to exclude themselves from social services and employment opportunities, including care programs. Local media and civil society organizations reported numerous incidents of parents who abandoned children with HIV and of persons, particularly men, who abandoned spouses who had HIV. The UPF, UPS, and UPDF regularly refused to recruit persons who tested positive for HIV, claiming their bodies would be too weak for the rigorous training and subsequent deployment.

In cooperation with the government, international and local NGOs sponsored public awareness campaigns to eliminate the stigma of HIV/AIDS. Government and HIV/AIDS counselors encouraged the population to test for and share information concerning HIV/AIDS with their partners and family. Persons with HIV/AIDS formed support groups to promote awareness in their communities.

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

No laws criminalize sexual orientation or consensual same-sex sexual conduct, but there were reports of discrimination and violence against lesbian, gay, bisexual, transgender, or intersex (LGBTI) persons. LGBTI activist group V-Pride Foundation reported the perception within the LGBTI community that police would tolerate violence and discrimination against LGBTI persons; therefore, harassment, discrimination, and criminal acts go unreported. LGBTI groups operated freely, but there are no antidiscrimination laws to protect them.

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

The penal code 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 lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons in more than a decade.

The government did not consider violence or discrimination against LGBTI persons “relevant” for official reporting.

Due to the illegality of and possibly severe punishment for consensual same-sex sexual conduct, few LGBTI persons were open regarding their sexual orientation or gender identity. Individuals known or suspected of being LGBTI faced discrimination.

There is one active LGBTI-related social media site.

HIV and AIDS Social Stigma

While there were no reports of social violence against persons with HIV or AIDS, the topic was socially sensitive and infrequently discussed. Discrimination against persons with HIV or AIDS is a criminal offense. Information was not available on whether there were reports on incidents of discrimination.

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 if convicted of up to one year in prison or a substantial fine. There were no known cases of prosecutions of consensual same-sex sexual conduct.

Members of Gays and Lesbians of Zimbabwe (GALZ), the primary organization dedicated to advancing the rights of lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons, experienced harassment and discrimination against members seeking employment and health services. Transsmart, another active LGBTI 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 gender pronouns on state identity cards, creating identification and travel difficulties for transgender persons. The mismatch between gender presentation and identification pronouns can lead state officials, police, and potential employers to believe the individual is committing identity theft, sometimes leading to criminal arrest.

GALZ reported its membership had more than doubled since 2015. The group noted a decline in the arrest and detention of LGBTI community members but reported half of gay men had been physically assaulted and 64 percent had been disowned by their families. Of lesbians, 27 percent reported harassment, assault, or disownment.

LGBTI persons were vulnerable to blackmail because of the criminality and stigma associated with same-sex conduct. LGBTI advocacy organizations reported blackmail and being “outed” as two of the most common forms of repression of LGBTI persons. It was common for blackmailers to threaten to reveal one’s sexual identity to police, the church, employers, or family if the victim refused to render payment.

According to GALZ, LGBTI persons often left school at an early age due to discrimination. Higher-education institutions reportedly threatened to expel students based on their sexual orientation. Members of the LGBTI community also had higher rates of unemployment and homelessness.

GALZ reported that many persons who identified themselves as LGBTI did not 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. Public medical services did not offer hormone therapy or gender-confirmation surgeries to the transgender and intersex community. A small number of private clinics provided testosterone therapy, but patients seeking estrogen therapy were required to purchase and self-administer the medicines privately 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.

HIV and AIDS Social Stigma

The government has a national HIV/AIDS policy that prohibits discrimination against persons with HIV or AIDS, and the law prohibits discrimination against workers with HIV or AIDS in the private sector and parastatals. Despite these provisions, societal discrimination against persons with HIV or AIDS remained a problem. Local NGOs reported persons affected by HIV or AIDS faced discrimination in health services, education, and employment. Although there was an active information campaign to destigmatize HIV/AIDS by international and local NGOs, the Ministry of Health and Child Welfare, and the National AIDS Council, such ostracism and criticism continued.

In the 2015 Demographic Health Survey, 22 percent of women and 20 percent of men reported they held discriminatory attitudes towards those with HIV or AIDS. Approximately 6 percent of women and 9 percent of men opined that children with HIV or AIDS should not be allowed to attend school with children without the virus. Approximately 40 percent of sex workers with HIV or AIDS said they avoided seeking health care due to stigma and discrimination. Approximately 6 percent of individuals with HIV or AIDS reported being denied some form of health care due to their positive status.

Promotion of Acts of Discrimination

Government efforts to discriminate against white farmers by seizing farmland diminished but did not cease. Throughout the year government-controlled media did not vilify white citizens or blame them for the country’s problems, as was common practice under former president Mugabe. Nevertheless, some farm seizures continued.