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Argentina

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

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

The National Observatory of Hate Crimes registered 177 official complaints of hate crimes against lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals in 2019. This represented an approximate 20-percent increase over 2018 and included 16 killings of LGBTI individuals.

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

In August the Ministry of Women and the minister of health expressed concern that the Argentine Association of Hemotherapy, Immunohematology, and Cell Therapy would not allow members of the LGBTI community to donate blood because of their sexual orientation. In August, Emiliano Ivaldi, a recovered COVID-19 patient, was not allowed to donate plasma at the Eva Peron Hospital in the province of Santa Fe. Hospital authorities justified the decision based on the fact that Ivaldi was homosexual.

On September 4, President Fernandez decreed that at least 1 percent of the positions in public administration must be held by transvestites, transsexuals, and transgender persons. On September 15, the Senate implemented a similar decree to regulate its own hiring practices.

Barbados

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 criminalizes consensual same-sex sexual conduct between adults with penalties up to life imprisonment and with up to 10 years for “acts of serious indecency.” There were no reports of the law being enforced during the year. Nonetheless, an NGO representative reported the potential for arrest and prosecution under the law was among the most serious issues facing the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community.

Civil society groups reported that LGBTI persons faced discrimination in employment, housing, and access to education and health care. Activists stated that while many LGBTI individuals were open about their sexual orientation or gender identity, police disapproval and societal discrimination made LGBTI persons more vulnerable to threats, crime, and destruction of property. An NGO representative reported there were incidents of housing discrimination and termination of employment of LGBTI persons without cause.

Bosnia and Herzegovina

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

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.

Burundi

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 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.

Canada

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

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

Conversion therapy designed to change a person’s sexual orientation is lawful, and government data reflected that approximately 20 percent of sexual minority men had undergone some form of conversion therapy. The law prohibits discrimination against lesbian, gay, bisexual, transgender, and intersex persons in housing, employment, nationality laws, and access to government services, including health care, and the government enforced the law.

Police-reported hate crimes based on sexual orientation declined 15 percent in 2018 (the most recent data available) to 173 incidents.

In June a gay man camping in British Columbia was assaulted by seven strangers and suffered a concussion. The group reportedly yelled antigay slurs at the man while beating him. Police investigated the incident but as of October had made no arrests.

Hungary

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 based on sexual orientation. In addition, the law prohibits certain forms of hate speech and prescribes increased punishment for violence against members of the LGBTI community. Victims of discrimination had a wide choice of remedies, including a procedure by a designated government agency (the Equal Treatment Authority), enforcement of personality rights via civil court procedure, and sectoral remedies in media law. Only the civil procedure allows for the awarding of pecuniary and nonpecuniary damages. The Constitutional Court also offers possibilities to challenge allegedly discriminatory legislation. NGOs reported that the Equal Treatment Authority and courts enforced these antidiscrimination laws. On December 1, parliament voted to abolish the Equal Treatment Authority, viewed by LGBTI groups as one of the few remaining public bodies that delivered decisions against discrimination based on sexual orientation and gender identity, and to place it under the ombudsperson’s office as of 2021.

On December 15, parliament adopted a government-submitted amendment introducing additional gender-specific language into the constitution, declaring that “the basis for family relations is [heterosexual] marriage,” and “the mother is a woman, the father is a man.” It also declared that the country “protects children’s right to an identity based on their gender at birth” and that children must be guaranteed an “upbringing based on values stemming from [Hungary’s] constitutional identity and Christian culture.” Parliament also adopted government-submitted legal provisions on adoption allowing only married couples consisting of a woman and a man to adopt children, unless the minister for family affairs grants special permission.

On May 19, parliament adopted an omnibus bill that included provisions replacing the term “gender” with “gender at birth” in the civil registry and prohibited gender change on all official documents, such as identification cards, passports, and driving licenses. LGBTI organizations expressed public concern that as a result transgender persons could face harsh workplace and health-care discrimination or could be accused of fraud when presenting personal identity documents. Before the adoption of the amendment, a group of 63 members of the European Parliament sent an open letter to Justice Minister Judit Varga and the chief of the Prime Minister’s Office, Gergely Gulyas, asking them to withdraw the proposal.

In October, Prime Minister Orban stated that a book that depicted fairy tales with minority, Romani, LGBTI, and characters with disabilities was an “act of provocation.” The leader of the Mi Hazank party tore up a copy of the book in public, and a conservative campaign group collected signatures calling for a boycott. The Hungarian Publishers and Bookseller’s Association condemned the actions, comparing them to censorship under Communism or Nazi book burning.

On August 14, during the Budapest Pride Festival, members of the “Aryan Greens”–a supporters’ group of the Ferencvaros soccer club that includes far-right extremists–tore down the pride flag flying from the Budapest 9th district city hall building and shared photos on Facebook of demonstrators stepping on the flag and burning it. Police identified and detained one suspect on suspicion of harassment. NGOs noted that authorities did not classify the act as a hate crime. Subsequently the vice president of Mi Hazank, Elod Novak, tore down pride flags from two Budapest district city hall buildings. Party president Laszlo Toroczkai stated they would continue to take action against “violent, deviant homosexual propaganda, supported by international background forces,” which he said had reached a point where the symbol of “this satanic group” appeared on the facade of local council buildings. On August 17, a small group of far-right extremists attempted to disrupt a pride festival event but backed off after police asked for their identification. A group of approximately 20 persons dressed in black shirts with the text “Hungarian resistance” appeared at another pride event on August 18, where they damaged the restrooms of Loffice Budapest, which hosted the event.

On November 17, the Budapest Capital Regional Court ruled that police had failed in their duty when they did not take immediate action against a group of far-right extremists who had disrupted an LGBTI event at Aurora Center in September 2019. The Hungarian Helsinki Committee, which represented the plaintiffs, welcomed the court decision for finding that the intruders’ threatening actions and verbal violence were sufficient grounds for police intervention and for providing “clear guidance” to the authorities on what actions they must take if there is an attack on the LGBTI community.

Indonesia

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

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

No national law criminalizes same-sex sexual activity, except between adults and minors. Aceh’s sharia law makes consensual same-sex sexual activities illegal and punishable by a maximum of 100 lashes, a considerable fine, or a 100-month prison term. According to Aceh’s sharia agency chief, at least four witnesses must observe individuals engaging in consensual same-sex sexual activities for them to be charged. Local organizations held anti-LGBTI protests.

Producing media depicting consensual same-sex sexual activity–vaguely and broadly defined in the law–is often prosecuted as a crime under the antipornography act. Penalties include potentially extremely large fines and imprisonment from six months to 15 years, with heavier penalties for crimes involving minors.

In September police arrested nine persons suspected of organizing a gay party at a Jakarta hotel. Police officials stated the nine were charged under pornography provisions of the criminal code. A coalition of NGOs protested the arrest, arguing that the activities did not constitute pornography under the law and that police exceeded their authority by arresting individuals for private conduct. Media reported police set up a special task force to investigate alleged homosexual activity.

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

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

In April a transgender woman was burned to death in Jakarta after she was accused of stealing. Police arrested four individuals and the cases were with the Attorney General’s Office for prosecution.

Police arrested a social media personality after he posted a video of himself distributing boxes full of garbage disguised as food aid to transgender women. The victims settled the case and the charges were dropped. Members of the LGBTI community noted an increased level of intolerance after police in East Java opened six pedophilia cases against members of the LGBTI community in January and February.

Transgender persons faced discrimination in employment and access to public services and health care. NGOs documented government officials’ refusal to issue identity cards to transgender persons. The law only allows transgender individuals officially to change their gender after the completion of sex reassignment surgery. Some observers claimed the process was cumbersome and degrading because it is permissible only in certain undefined special circumstances and requires a court order declaring that the surgery is complete.

LGBTI NGOs operated but frequently held low-key public events because the licenses or permits required for holding registered events were difficult to obtain.

Iran

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 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.

Iraq

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 conduct if those engaging in the conduct are younger than age 18, while it does not criminalize any same-sex activities among adults. Despite repeated threats and violence targeting lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals, specifically gay men, the government failed to identify, arrest, or prosecute attackers or to protect targeted individuals.

In May the Ministry of Foreign Affairs condemned foreign embassies for offending what it called the country’s “norms and values” when the EU mission hoisted the rainbow flag, commonly associated with LGBTI persons, on the International Day against Homophobia, Transphobia, and Biphobia. Several Iraqi leaders from across the political spectrum also condemned the incident, with some calling for the EU mission to be closed. A few days later, media outlets reported that a young gay man was killed in Baghdad’s Sadr City neighborhood, and another in Babil Province, in an apparent backlash against the flag raising.

LGBTI individuals also faced intimidation, threats, violence, and discrimination in the IKR. LGBTI individuals reported they could not live openly in the IKR without fear of violence at the hands of family members, acquaintances, or strangers. Rasan Organization for gender-based violence and LGBT awareness posted a video documentary in September 2019 about the impact of COVID-19 on LGBT individuals in the IKR. LGBTI individuals struggled to be accepted by their family members and the IKR community and disguised their identity from their families due to fear of violence, verbal abuse, and killing.

According to NGOs, Iraqis who experienced severe discrimination, torture, physical injury, and the threat of death on the basis of real or perceived sexual orientation, gender identity and expression, and sex characteristics had no recourse to challenge those actions via courts or government institutions.

Japan

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

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

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

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

No law prohibits discrimination based on sexual orientation or gender identity, and there are no penalties associated with such discrimination. LGBTI advocacy organizations reported instances of discrimination, outing, bullying, harassment, and violence. A letter signed by 96 human rights and LGBTI organizations and sent to the prime minister in April urged the Liberal Democratic Party to introduce legislation to protect against discrimination on the basis of sexual orientation and gender identity.

The parents of a student who fell from a school building in 2015 after his classmates disclosed he was gay appealed the Tokyo District Court’s 2019 dismissal of their civil lawsuit seeking damages from Hitotsubashi University. As of November the case was pending at an appellate court.

In April, two all-women national universities in the country, Ochanomizu University in Tokyo and Nara Women’s University in Nara, started accepting transgender students.

According to a government survey, just more than 10 percent of companies have policies aimed at protecting the rights of sexual minorities. LGBTI rights advocates welcomed an increasing number of municipalities that introduced ordinances to ban discrimination based on gender identity or sexual orientation and recognized same-sex partnership. The Ministry of Justice received a few inquiries about potential human rights violations based on sexual orientation and gender identity in 2019, providing the inquirers with legal advice.

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

There are two openly LGBTI national legislators, both of whom are members of the opposition Constitutional Democratic Party of Japan.

Kazakhstan

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

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

According to the constitution, no one shall be subjected to any discrimination for reasons of origin; occupational, social, or property status; sex; race; nationality; language; religion or belief; place of residence; or any other circumstances. The country does not criminalize consensual same-sex sexual activity.

Although gender reassignment documentation exists, the law requires a transgender person to fulfill psychiatric and physical requirements (such as undergoing gender reassignment surgery) before being able to receive identity documents that align with the person’s outward gender. Many individuals lived with nonconforming documents for years and reported problems with securing employment, housing, and health care. Activists expressed concerns about the country’s new health law passed in July. The law sets the age of eligibility for gender reassignment at 21 (note: the UN Human Rights Council recommends 18). The law also added behavioral disorders to the reasons for denial of gender reassignment, which expanded the categories of persons who could be denied such treatments.

Prosecutions of anti-LGBTI violence were rare. There were reports of anti-LGBTI violence, but there were no government statistics on discrimination or violence based on sexual orientation or gender identity. According to a 2017 NGO survey within the LGBTI community, 48 percent of respondents experienced violence or hate because of their sexual orientation, and 56 percent responded they knew someone who suffered from violence. The most frequent forms of abuse were verbal insults, harassment, interference in private life, and physical assaults.

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

In September 2019 Nur-Sultan police reported that two men were under pretrial detention for the investigation of sexual assault, beating, and extortion of a 21-year-old gay man in July. A medical examination showed that the man sustained serious injuries after he was attacked in an apartment. In December 2019 a court sentenced each abuser to six years of incarceration.

Activists told media that beating, extortion, and harassment of LGBTI individuals were not uncommon, although typically unreported. Human rights activists reported that the COVID-19 pandemic situation also impacted LGBTI communities negatively. Locked down in their houses, they often endured stress and abuse from family members who resented their status. Transgender persons were vulnerable to abuse during security checks by police patrols due to their lack of appropriate identification. Transgender persons were among the first whom employers dismissed from jobs because they often worked without official contracts, and they were often not eligible to relieve programs offered by the government to support needy individuals. Transgender persons, like many during the lockdowns, also faced difficulties receiving needed medical care because health facilities were restricted or closed. They often could not get necessary medicines, because they were not available in small pharmacies in their neighborhoods, or they could not afford them.

In July 2019 Victoria Berkkhodjayeva, a transgender woman serving a sentence in Zhaugashty, Almaty region, told authorities that she had been raped three times by a KNB officer. Berkkhodjayeva reported the incident to the Prosecutor General’s Office and the Anticorruption Agency. Almaty region police launched an investigation. In October 2019 media further reported that authorities had placed Sani Abdikash, the KNB officer suspected of rape, under arrest based on the results of forensic tests. On February 18, court proceedings began in a district court in Almaty province. In October, the Ile district court in Almaty found Abdikash guilty of rape and sentenced him to five and one-half years of imprisonment.

Kenya

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

In 2016 LGBTI activists filed two petitions challenging the constitutionality of these penal codes. In May 2019 the High Court issued a ruling upholding the laws criminalizing homosexuality, citing insufficient evidence they violate LGBTI rights and claiming repealing the law would contradict the 2010 constitution that stipulates marriage is between a man and woman. The LGBTI community filed an appeal against this ruling. Leading up to the hearing of this case, and in its wake, the LGBTI community experienced increased ostracism and harassment.

LGBTI organizations reported police more frequently used public-order laws (for example, disturbing the peace) than same-sex legislation to arrest LGBTI individuals. NGOs reported police frequently harassed, intimidated, or physically abused LGBTI individuals in custody.

Authorities permitted LGBTI advocacy organizations to register and conduct activities.

The 2010 constitution does not explicitly protect LGBTI persons from discrimination based on sexual orientation or gender identity. Violence and discrimination against LGBTI individuals were widespread. In October an LGBTI rights organization reported an increase in conversion therapy and practices. It attributed this increase to the fact many LGBTI persons had returned to hostile community environments after losing their jobs during the pandemic. Some LGBTI groups also reported an increase in abuses cases against LGBTI persons during the pandemic.

In 2019 a government-appointed task force found only 10 percent of the intersex population completed tertiary education, only 5 percent recognized themselves as intersex due to lack of awareness, and the majority lacked birth certificates, which caused numerous problems, including inability to obtain a national identity card.

While the country grants refugee status to persons whose persecution is due to the individual’s sexual orientation, some LGBTI refugees continued to face stigma and discrimination. They were often compelled to hide their sexual orientation or gender identity to protect themselves. National organizations working with LGBTI persons offered support to refugees who were LGBTI, including access to safety networks and specialized health facilities. In July, UNHCR released a statement calling for dialogue between refugee communities in Kakuma refugee camp following conflicting reports of violence, including reports by a small group of LGBTI refugees that they were the victims of harassment and violence. Police and local authorities increased security measures in response.

Kuwait

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

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

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

In June transgender woman Maha al-Mutairi claimed via social media that she was detained by police due to her gender identity and jailed in a men’s prison, where she was sexually assaulted and raped by police officers. Al-Mutairi was ordered to pay a fine for “cross dressing and imitating the opposite sex” and released without charges after widespread outcry from local and international LGBTI organizations. Al-Mutairi did not formally press charges and the alleged perpetrators were not investigated or prosecuted by authorities.

Societal discrimination and harassment based on sexual orientation and gender identity occurred. Officials practiced such discrimination, usually upon discovering that a person stopped for a traffic violation did not appear to be the gender indicated on the identification card.

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

Kyrgyzstan

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

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.”

Lebanon

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 sexual relations “contradicting the laws of nature” and effectively criminalizes consensual same-sex sexual conduct between adults. The law was occasionally enforced in civilian and military courts, and it carries a penalty of up to one year in prison. In 2019 a military prosecutor in Beirut acquitted four military personnel accused of “sodomy.” The judge cleared the group of charges of committing sexual acts “contrary to nature” and declined to issue warrants for their arrest, commenting that the law does not specify what kind of relationship can be considered “contrary to nature.” The ruling was the first of its kind by a military prosecutor. In February the Government Commissioner to the Military Court issued a decision not to prosecute four LAF soldiers who were separately accused of having same-sex sexual relations. Some government and judicial officials, along with NGOs and legal experts, questioned whether the law actually criminalizes same-sex sexual conduct.

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

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

During the COVID-19 pandemic, NGOs noted that the government-enforced lockdown from March 18 posed increased risks to the LGBTI community, which depended on community centers, tight social networks, and NGOs for emotional and financial support.

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

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

Malawi

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 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.

Mexico

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

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

According to the OHCHR, in the first six months of the year, there were 25 hate-crime homicides committed against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons.

Federal law prohibits discrimination against LGBTI individuals. A Mexico City municipal law provides increased penalties for hate crimes based on sexual orientation and gender identity. Civil society groups claimed police routinely subjected LGBTI persons to mistreatment while in custody.

Discrimination based on sexual orientation and gender identity was prevalent, despite a gradual increase in public acceptance of LGBTI individuals, according to public opinion surveys. There were reports the government did not always investigate and punish those complicit in abuses, especially outside Mexico City. On July 24, Mexico City passed a local law to ban LGBTI conversion therapy. A CNDH poll conducted in 2019 found six of every 10 members of the LGBTI community reported experiencing discrimination in the past 12 months, and more than half suffered hate speech and physical aggression. In July the federal government’s National Commission to Prevent Discrimination wrote a letter condemning the Roman Catholic diocese of Mexicali for inciting homophobia by calling for anti-LGTBI protests.

Morocco

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 criminalizes consensual same-sex sexual activity, with a maximum sentence of three years in prison for violations. According to a report by the Prosecutor General’s Office released in 2019, the state prosecuted 122 individuals in 2019 for same-sex sexual activity. Media and the public addressed questions of sexuality, sexual orientation, and gender identity more openly than in previous years. According to some human rights organizations, lesbian, gay, bisexual, transgender, and intersex (LGBTI) victims of violence in high-profile cases from previous years continued to be harassed when recognized in public.

On May 7, two Moroccan journalists based in France posted on social media that a young gay man in Sidi Kacem (a town in the Rabat-Sale-Kenitra region), was arrested on April 10 after he attempted to press defamation charges against an individual who outed him on Facebook. The young man was held in police custody for 48 hours for violating the state of emergency confinement measures, while he claimed he had a permit to leave his residence. On October 6, Sidi Kacem preliminary court sentenced activist and playwright Abdellatif Nhaila to four months’ suspended sentence and 1,000 dirhams ($10) fine for violating the state of emergency confinement measures.

In March and April, a transgender Moroccan LGBTI activist based in Turkey started a campaign encouraging the outing of closeted homosexuals in Morocco. As a result an international warrant for his arrest was issued. The investigation remained underway. The press reported numerous cases of harassment resulting from these outings, and some victims reported receiving death threats.

The AMDH and other individual liberties groups followed suit with a letter condemning the homophobic acts and demanding that authorities arrest those responsible for defamation. As of April 20, LGBTI groups indicated at least 50 individuals were targeted as a result of Instagram live video; of whom an estimated 21 were physically abused or rendered homeless and several others committed suicide.

Antidiscrimination laws do not apply to LGBTI persons, and the penal code does not criminalize hate crimes. There was a stigma against LGBTI persons, including some reports of overt discrimination based on sexual orientation or gender identity in employment, housing, and health care.

Norway

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

According to NGOs and research institutes, including the University of Oslo, the Institute for Social Research, and the Organization for Sexual and Gender Diversity, hate speech on the internet against lesbian, gay, bisexual, and transgender, and intersex persons continued to be a problem.

Poland

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

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

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

During the year several government officials made anti-LGBTI or homophobic public statements. In presidential campaign remarks on June 13, President Andrzej Duda asserted “LGBT ideology” was a form of “neo-Bolshevism” and “even more destructive” than Communism itself. Former interior minister and sitting Member of European Parliament Joachim Brudzinski wrote on Twitter on June 13 that “Poland without LGBT is most beautiful.” Minister of Education and Science Przemyslaw Czarnek stated on June 13 (he was not yet minister at the time) that LGBTI persons were “not equal to normal people.” On July 30, Deputy Minister of State Assets Janusz Kowalski declared the entire country should be an “LGBT-free zone.” He added that a law should be adopted to prohibit public funding of any activities of organizations that explicitly promote “LGBT.” At an election rally on July 1, President Duda said adoption by same-sex couples constituted experimentation on and enslavement of children. On August 25, then minister of education Dariusz Piontkowski defended the education superintendent of Lodz Province for saying the “LGBT virus…of ideology” was “much more dangerous” than COVID-19. On September 14, Law and Justice Party chairman and soon-to-be deputy prime minister Jaroslaw Kaczynski said “LGBT ideology” was a threat “to the very foundations of our civilization.”

On August 7, authorities used force to detain 48 persons in Warsaw during a protest against the pretrial detention of an LGBTI activist. The representatives of the National Preventive Mechanism (NPM) operating under the human rights ombudsperson investigated the mass arrest and released a report on September 7 that stated the treatment of detainees by police “constituted degrading treatment, and in some cases…inhuman treatment.” The NPM interviewed 33 of the 48 detainees, who complained, inter alia, about disproportionate use of force by police, use of homophobic or transphobic comments by police, lack of access to food and drinking water, not being promptly informed of the right to a lawyer, and difficulty in contacting or meeting with a lawyer. In an August 8 press conference, the minister of justice stated police had behaved professionally. On September 2, the deputy minister of interior and the chief of police briefed a Sejm committee on the August 7 events and argued the police reaction was appropriate and proportional to the situation.

During the year there were several verbal and physical attacks against members of the LGBTI community. On August 11, two perpetrators using homophobic language brutally beat a man in Poznan. The man sustained a broken nose and concussion as a result of the attack. The attackers were charged with bodily injury and theft. On August 14, an activist affiliated with LGBTI rights groups reported he was physically and verbally attacked in Warsaw because he was holding hands with his LGBTI partner. He reported he had a broken tooth and a black eye and that his partner suffered bruises on his body. Police opened an investigation into the incident.

During the year local governments around the country adopted “family rights charters,” bringing the total number who had adopted such charters or separate declarations rejecting “LGBT ideology” to more than 90 since 2019. These legally nonbinding documents focused in varying degrees on preventing “LGBT ideology” in schools, called for protection of children against moral corruption, and declared marriage as a union between a woman and a man only. LGBTI NGOs stated the declarations may have a chilling effect on institutions subordinate to local governments and may increase the number of hate crimes. On July 14, the Gliwice administrative court struck down a declaration adopted by the Istebna municipality as a result of a complaint filed by the human rights ombudsperson in December 2019. The court ruled the declaration violated administrative law and the constitution, in particular the ban against discrimination on the grounds of sexual orientation and gender identity. Minister of Justice and Prosecutor General Zbigniew Ziobro sent appeals against the ruling and a similar one regarding a declaration in the Klwow municipality to the Supreme Administrative Court in September. Meanwhile, on June 23 and 24, the Krakow administrative court rejected the ombudsperson’s complaints against the municipality of Lipinki and the county of Tarnow, arguing that the declarations neither limited nor interfered with the constitutional rights and freedoms of any group of citizens and did not discriminate against any person. On August 18, Ziobro defended local communities that signed such declarations and emphasized the declarations referred to “ideology,” not individuals. Ziobro argued that while local authorities did not persecute LGBTI persons, they also did not accept “offensive actions” of LGBTI groups that tried to “impose their ideology” on others.

On February 11, the Supreme Administrative Court dismissed the final appeal of a same-sex couple who wanted to register the birth of their foreign-born child in the country. The child was born abroad to the two women, and his foreign birth certificate listed them as his parents. Polish birth certificates list spaces for a mother and a father. The Supreme Administrative Court found that a woman could not be listed in the space provided for a father’s name, and a man could not be listed in the space provided for a mother’s name.

A 2019 survey conducted by Pew Research Center found a rise in tolerance toward the LGBTI community in the country, with almost half of citizens (47 percent) declaring society should accept homosexuality, compared with the 2002 edition of the survey, in which 40 percent of those polled expressed acceptance.

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