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China (Includes Hong Kong, Macau, and Tibet)

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

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

No laws criminalize private consensual same-sex conduct between adults. Individuals and organizations working on lesbian, gay, bisexual, transgender, and intersex (LGBTI) issues continued to report discrimination and harassment from authorities similar to that experienced by other organizations that accept funding from overseas.

LGBTI individuals reported incidents of violence, including domestic violence; however, they encountered difficulties in seeking legal redress, since regulations on domestic violence do not include recognition of same-sex relations. Accessing redress was further limited by societal discrimination and traditional norms, resulting in most LGBTI persons refraining from publicly discussing their sexual orientation or gender identity. Nonetheless, the May 28 civil code includes a provision that protects certain tenancy rights for designated partners of deceased property owners without officially defined family relationships.

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

HIV and AIDS Social Stigma

Discrimination against persons with HIV remained a problem, impacting individuals’ employment, education, and housing opportunities and impeding access to health care. In some instances laws protecting persons with HIV from discrimination contradict laws restricting the rights of persons with HIV. During the year state media outlets reported instances of persons with HIV or AIDS who were barred from housing, education, or employment due to their HIV status. According to the National Health Commission, as of the end of 2019, an estimated 950,000 persons in the country had HIV or AIDS.

According to the law, companies may not demand HIV antibody tests nor dismiss employees for having HIV. Nonetheless, regulations also stipulate that HIV-positive individuals shall not engage in work that is prohibited by laws, administrative regulations, and the Department of Health under the State Council.

In October 2019 a 32-year-old temporary worker named Liu, who had worked for Mao Tai Liquor Company in Guizhou for two years, was fired after he tested positive for HIV. The Mao Tai staff hospital did not inform him of his HIV test result during his routine medical exam.

Early in the year, a retired worker named Wang Ming in Xi’an was “persuaded” by the president of a local public hospital to return home, citing his coughing as a chronic disease. Wang Ming stated his belief the public hospital declined him service after finding out he was HIV positive, infected earlier during a dental operation at a private clinic.

In March an 11-year-old girl named Shasha whose HIV was transmitted via her mother was forced to drop out of school due to extensive discrimination at Chiduanwan Elementary School in Hunan.

Dominican Republic

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

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

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

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

HIV and AIDS Social Stigma

Although the law prohibits the use of HIV testing to screen employees, the government, Human Rights Watch, Amnesty International, and the International Labor Organization reported that workers in various industries may have faced obligatory HIV testing. Workers were sometimes tested without their knowledge or consent. Many job applicants found to have HIV were not hired, and some of those already employed were either fired from their jobs or denied adequate health care.

Hong Kong

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

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

No laws criminalize consensual same-sex sexual conduct between adults. While the SAR has laws that ban discrimination on the grounds of race, sex, disability, and family status, no law prohibits companies or individuals from discriminating on grounds of sexual orientation or gender identity. There are also no laws that specifically aid in the prosecution of bias-motivated crimes against members of the lesbian, gay, bisexual, transgender, or intersex community. In March the high court ruled in favor of a gay man who sued the government for disqualifying his and his same-sex partner’s public housing application.

Ireland

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Macau

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

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

The law prohibits discrimination in employment on the grounds of sexual orientation; however, the law does not prohibit discrimination based on sexual orientation in other areas, such as housing.

Macau

Nigeria

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

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

A 2014 law effectively renders illegal all forms of activity supporting or promoting lesbian, gay, bisexual, transgender, and intersex (LGBTI) rights. According to the law, anyone convicted of entering into a same-sex marriage or civil union may be sentenced to up to 14 years’ imprisonment. The law also criminalizes the public show of same-sex “amorous affection.”

A 2016 Human Rights Watch report asserted police and members of the public used the law to legitimize human rights abuses against LGBTI persons, such as torture, sexual violence, arbitrary detention, extortion, and violations of due process rights.

During the year LGBTI persons reported increased harassment, threats, discrimination, and incidents of violence against them based on their real or perceived sexual orientation or gender identity according to the NGO The Initiative for Equal Rights (TIERs). TIERs documented 482 human rights abuses based on real or perceived sexual orientation, gender expression, and sex characteristics between December 2019 and November. Of these cases, more than 20 percent involved state actors. Invasion of privacy, arbitrary arrest, and unlawful detention were the most common abuses perpetrated by law enforcement and other state actors. Blackmail, extortion, assault, and battery were the most common types of abuses perpetrated by nonstate actors.

In the 12 northern states that adopted sharia, adults convicted of engaging in same-sex sexual conduct may be subject to execution by stoning. Sharia courts did not impose such sentences during the year. In previous years individuals convicted of same-sex sexual conduct were sentenced to lashing.

On October 27, the Federal High Court in Lagos struck out the charges against 47 men charged in 2018 with public displays of same-sex amorous affection for their attendance at a hotel party where police stated homosexual conduct took place. The presiding judge struck out the charges due to a “lack of diligent prosecution” after the prosecuting counsel repeatedly failed to present witnesses or evidence for court proceedings among other concerns.

Several NGOs provided LGBTI groups with legal advice and training in advocacy, media responsibility, and HIV/AIDS awareness; they also provided safe havens for LGBTI individuals. This work took place contrary to the law.

HIV and AIDS Social Stigma

In general the public considered HIV to be a disease, a result of immoral behavior, and a punishment for same-sex sexual conduct. Persons with HIV/AIDS often lost their jobs or were denied health-care services. Authorities and NGOs sought to reduce the stigma and change perceptions through public education campaigns.

Saudi Arabia

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

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

Under sharia, as interpreted in the country, consensual same-sex sexual conduct is punishable by death or flogging, depending on the perceived seriousness of the case. It is illegal for men “to behave like women” or to wear women’s clothes, and vice versa. Due to social conventions and potential persecution, lesbian, gay, bisexual, transgender, and intersex (LGBTI) organizations did not operate openly, nor were there LGBTI rights advocacy events of any kind. There were reports of official and societal discrimination, physical violence, and harassment based on sexual orientation or gender identity in employment, housing, access to education, and health care. Stigma or intimidation limited reports of incidents of abuse. Saudi clerics condemned homosexuality during government-approved Friday sermons at some mosques, most notably at the Grand Mosque in Mecca on August 14.

There were no government efforts to address discrimination. In 2016 newspapers quoted PPO officials as stating the bureau would seek death sentences for anyone using social media to solicit homosexual acts. There were no reports, however, that the PPO sought death sentences in LGBTI cases during the year (see section 1.a.).

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

A conversation about homosexuality in a comedy series broadcast on MBC during the Muslim holy month of Ramadan sparked controversy. In a scene from the series, Exit 7, a man and his teenage daughter discussed the topic of homosexuality, with the daughter defending the rights of the LGBTI community.

On April 8, authorities arrested Mohamad al-Bokari, a Yemeni blogger living in Riyadh, for posting a video on social media calling for equal rights, including for gay men. On July 20, a court sentenced him to 10 months in prison and a fine, followed by deportation to Yemen, according to HRW. HRW reported that al-Bokari was charged with violating public morality by promoting homosexuality online and “imitating women.” A source in contact with al-Bokari told HRW that before his trial he was held in solitary confinement for six weeks in al-Malaz Prison in Riyadh, where he was subjected to torture, including beatings and a forced anal exam, an internationally discredited practice used to seek “proof” of homosexual conduct.

HIV and AIDS Social Stigma

There were no reports of societal violence or discrimination against persons with HIV/AIDS. By law the government deported foreign workers who tested positive for HIV/AIDS upon arrival or who tested positive when hospitalized for other reasons. There was no indication that HIV-positive foreigners failed to receive antiretroviral treatment or that authorities isolated them during the year. The Ministry of Health’s HIV/AIDS program worked to counter stigma and discrimination against persons with HIV/AIDS.

South Africa

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

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

The constitution prohibits discrimination based on sexual orientation. The law prohibits discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons in housing, employment, nationality laws, and access to government services such as health care. In March 2019 the High Court of Gauteng ruled that the Dutch Methodist Church’s ban on solemnizing same-sex marriages was unconstitutional.

Despite government policies prohibiting discrimination, there were reports of official mistreatment or discrimination based on sexual orientation or gender identity. For example, there were reports of security force members raping LGBTI individuals during arrest. A 2018 University of Cape Town report underscored violence and discrimination, particularly against lesbians and transgender individuals. The report documented cases of “secondary victimization” of lesbians, including cases in which police harassed, ridiculed, and assaulted victims of sexual and GBV who reported abuse. LGBTI individuals were particularly vulnerable to violent crime due to anti-LGBTI attitudes within the community and among police. Anti-LGBTI attitudes of junior members of SAPS affected how they handled complaints by LGBTI individuals.

HIV and AIDS Social Stigma

HIV and HIV-related social stigma and discrimination in employment, housing, and access to education and health care remained a problem, especially in rural communities. In June 2019 Deputy President David Mabuza stated, “We are not doing well in preventing new (HIV) infections. It is estimated that there are approximately 250,000 new infections annually, and our target is to get below 100,000 new infections by December 2020. This gap is big, and it must be closed.”

Tibet

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

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

See section 6, Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity, in the Country Reports on Human Rights Practices for 2020 for China.

United Kingdom

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

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

The law in England and Wales prohibits discrimination and harassment based on sexual orientation. It encourages judges to impose a greater sentence in assault cases where the victim’s sexual orientation was a motive for the hostility, and many local police forces demonstrated an increasing awareness of the problem and trained officers to identify and moderate these attacks. In November the Home Office reported a 15 percent increase in hate crimes based on sexual orientation compared with 2018/19.

Sexual motivation may be an “aggravating factor” in crimes. Crime aggravated by sexual orientation was the second most common type of hate crime in Scotland. Hate crime against lesbian, gay, bisexual, transgender, and intersex persons accounted for 1,486 charges in 2019/20, an increase of 24 percent year on year. In April the Scottish government announced that work on the Gender Recognition Act would be delayed indefinitely because of the COVID-19 pandemic. The act, which would have made it easier for persons legally to change their gender, faced criticism, including from within the governing Scottish National Party, over how it would affect women-only services.

PSNI statistics showed there were 218 homophobic crimes and 41 transphobic crimes.

Yemen

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

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.

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