Criminalization
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Let Communities Lead — UNAIDS World AIDS Day report 2023
28 November 2023
This report is not only a celebration of the critical role of communities. It is a call to action to decision-makers to fully support the life-saving work of communities and to clear away the barriers that stand in their way. Press release | Report summary | Fact sheet | World AIDS Day 2023
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Press Statement
The United Nations welcomes the Supreme Court’s decision to decriminalize same sex relations in Mauritius
04 October 2023 04 October 2023This will speed up progress to end the AIDS pandemic and save lives.
GENEVA, 4 October 2023—The United Nations in Mauritius—which includes UNAIDS, UNFPA, OHCHR, UNDP and WHO—welcome today’s ruling by the Supreme Court of Mauritius that a discriminatory law criminalizing consensual same sex relations is unconstitutional and will be immediately struck from the legal code. Previously, under Section 250 of the Mauritian Criminal Code (which dated back to 1898) anyone convicted could have faced up to five years in prison.
“The Supreme Court today overturned an obsolete colonial law and demonstrated its commitment to non-discrimination and leaving no-one behind,” said Lisa Singh, United Nations Resident Coordinator in Mauritius. “The UN in Mauritius and internationally welcomes the decision of Mauritius to join the growing list of African countries protecting the human rights of everyone, including LGBTQI+ people.”
The ruling noted that “Section 250 was not introduced in Mauritius to reflect any indigenous Mauritian values but was inherited as part of our colonial history from Britain. Its enactment was not the expression of domestic democratic will, but was a course imposed on Mauritius and other colonies by British rule.” It also noted that a growing number of countries have decriminalized consensual same sex sexual relations, including the United Kingdom which overturned its law in 1967.
“Mauritius' decision to decriminalize homosexuality is an important step forward for public health and a step towards equal rights, respect and dignity for the LGBTQI community,” said Anne Githuku-Shongwe, Director of UNAIDS’ Regional Support Team for Eastern and Southern Africa. “UNAIDS applauds Mauritius for today’s decision which will mean that men who have sex with men will have much easier access to the health and social services they need without fear of arrest or criminalization. Work will need to continue to break down the barriers of stigma and discrimination towards the LGBTQI community, but today’s ruling is a positive step in the right direction. It will save lives.”
Mauritius becomes the latest in a growing list of countries to declare that laws which have criminalized LGBTQI people are unconstitutional. However, UNAIDS estimates that 66 countries still have laws which criminalize consensual same sex relations. In addition to contravening the human rights of LGBTQI people, these laws impede access to health and social services, including HIV services. Such laws fuel stigma and discrimination against LGBTQI people and put them under constant fear of being punished or detained.
The case was brought forward by Abdool Ridwan Firaas Ah Seek, President of Arc-en-Ciel, the largest and longest-standing organisation in Mauritius championing the human rights of LGBTQI people, and was supported by partners including the Human Dignity Trust.
Civil society organizations, especially community-led organizations, are at the forefront of a global wave of progress that advances access to health for all. UNAIDS urges all countries to decriminalise same sex sexual relations. Decriminalization saves and changes lives.
Maneesh Gobin, Attorney General and Minister of Foreign Affairs and Regional Integration in Mauritius said, “In keeping with its internationally acclaimed respect for the rule of law, Mauritius will indeed report to United Nations Member States at the next cycle of the Universal Periodic Review.” The Universal Periodic Review is a unique mechanism of the Human Rights Council that calls for each UN Member State to undergo a peer review of its human rights records every 4.5 years.
UNAIDS
The Joint United Nations Programme on HIV/AIDS (UNAIDS) leads and inspires the world to achieve its shared vision of zero new HIV infections, zero discrimination and zero AIDS-related deaths. UNAIDS unites the efforts of 11 UN organizations—UNHCR, UNICEF, WFP, UNDP, UNFPA, UNODC, UN Women, ILO, UNESCO, WHO and the World Bank—and works closely with global and national partners towards ending the AIDS epidemic by 2030 as part of the Sustainable Development Goals. Learn more at unaids.org and connect with us on Facebook, Twitter, Instagram and YouTube.
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Feature Story
Addressing violence against women sex workers in Peru
27 July 2023
27 July 2023 27 July 2023Ángela Villón Bustamante has been a sex worker and human rights activist for her community in Peru for almost 25 years. She has experienced first-hand the violence against sex workers. After she was beaten by a policeman in 1996, she began her activism.
"I don't want anyone else to end up almost dead like I did. The organization Miluska Vida y Dignidad (Miluska Life and Dignity, in English) is the organisation I created almost 30 years ago to find justice for those of us violated by public forces", recalls Ángela. "It was the first sex workers' organisation in Peru, and its name is in honour of my dear friend Miluska, who died after being beaten by one of them."
In the same years, transgender woman Alejandra Fang also was imprisoned for sex work, and a police officer asked her to have sex to be released. "I was forced into sex because, as a trans woman, I had no alternative. As a result of that traumatic situation, I decided to become an activist," says Alejandra.
Like Ángela, Alejandra also turned her negative experiences into opportunities for others so that no one would have to go through the same situations. She then became part of the Casa Trans Zuleymi and now leads Trans Organizacion Feminista (Feminist Trans Organization).
According to the Peruvian Ombudsman's Office, 95.8% of trans women have been victims of violence, 62.2% are engaged in sex work due to lack of employment opportunities, and only 5.1% have completed secondary education.
More than 10 cis and transgender sex workers have been murdered since the beginning of this year in Peru – four transgender sex workers in one week alone, by February 1. "This situation spread to other provinces in Peru, and sex workers had to go into hiding for weeks to protect their lives," says Ángela. "We have been unable to work and care for our basic personal and family needs."
The criminalisation of sex workers prevents them from seeking justice when they are harassed, physically harmed, or otherwise discriminated against. "We often do not report abuse to avoid further mistreatment and because of the stigma attached to our occupation," explains the activist.
"Whether they are living with HIV, migrants, Afro-descendants or indigenous– all these intersections generate exponential stigma and discrimination and place them in extreme vulnerability," says UNAIDS Director for the Andean Countries (Peru, Ecuador, Bolivia, and Colombia), Andrea Boccardi. "It puts them in such a precarious situation that it makes it difficult to access health services, food security, employment, education, and justice. Although self-employed sex work in Peru is legal, they have always been criminalized."
Given the situation of violence against sex workers in Peru, the organizations led by Angela and Alejandra, along with other organizations such as the Asociación Civil T.S. Rosas Mujeres de Lucha, are among those implementing a plan with the Peruvian Ministry of Women and Vulnerable Populations to address violence against sex workers in the country.
More than 100 police officers have already been trained by courses designed and facilitated by cis and transgender sex workers. The training provided knowledge on human rights, stigma, and discrimination, and their essential role as guarantors of justice to contribute to adopting a human rights-based approach in their work throughout the country.
Besides coordinating and facilitating a working group to fight violence and promote the fundamental rights of sex workers with several local and regional organizations and networks, UNAIDS has also partnered with the Public Defender's Office of the Ministry of Justice and Human Rights of Peru and with representatives of the sex workers' community to develop a protocol for the provision of legal assistance and victim advocacy services to sex workers.
"After so many years, I feel that our voice is now being heard," says Ángela.
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Press Statement
Joint Statement by the Leaders of the Global Fund, UNAIDS and PEPFAR on Uganda’s Anti-Homosexuality Act 2023
29 May 2023 29 May 2023GENEVA | WASHINGTON, D.C., 29 May 2023— The Global Fund to Fight AIDS, Tuberculosis and Malaria (the Global Fund), the Joint United Nations Programme on HIV/AIDS (UNAIDS), and the U.S. President’s Emergency Plan for AIDS Relief (PEPFAR) are deeply concerned about the harmful impact of the Ugandan Anti-Homosexuality Act 2023 on the health of its citizens and its impact on the AIDS response that has been so successful up to now.
Uganda’s Leadership Towards Ending the AIDS Pandemic as a Public Health Threat
Uganda and President Yoweri Museveni have been leaders in the fight to end AIDS. Progress has been made thanks to the implementation of large-scale prevention, diagnosis, treatment and care programs, all provided on the principle of access to health care for all who need it, without stigma or discrimination. This approach has saved lives. The strong health systems built to support the AIDS response serve the entire population of Uganda. This was evident as community health workers and health systems developed for the AIDS response played a key role in tackling COVID-19 and other disease threats. Maintaining this is vital: Failures in the HIV public health response will have system-wide impacts that could negatively affect everyone.
Success Is Possible
We know that we will be able to overcome this public health threat when we ensure that 95% of people living with HIV know their status, 95% of them are on treatment, and 95% of those on treatment have achieved viral suppression. Uganda can reach that. By 2021, 89% of people living with HIV in Uganda knew their status, more than 92% of people who knew their HIV status were receiving antiretroviral therapy, and 95% of those on treatment were virally suppressed. Uganda is well on track to achieve the UNAIDS HIV treatment targets if progress can be maintained.
Discrimination Threatens Progress in the AIDS Response
Uganda’s progress on its HIV response is now in grave jeopardy. The Anti-Homosexuality Act 2023 will obstruct health education and the outreach that can help end AIDS as a public health threat. The stigma and discrimination associated with the passage of the Act has already led to reduced access to prevention as well as treatment services. Trust, confidentiality, and stigma-free engagement are essential for anyone seeking health care. LGBTQI+ people in Uganda increasingly fear for their safety and security, and increasing numbers of people are being discouraged from seeking vital health services for fear of attack, punishment and further marginalization.
Uganda has repeatedly demonstrated leadership and commitment to ending AIDS – and has achieved great success – by leaving no one behind. Together as one, we call for the Act to be reconsidered so that Uganda may continue on its path to ensure equitable access to health services and end AIDS as a public health threat by 2030.
Peter Sands, Executive Director, The Global Fund
Winnie Byanyima, Executive Director, UNAIDS, and Under-Secretary General of the United Nations
Ambassador John Nkengasong, U.S. Global AIDS Coordinator and Special Representative for Global Health Diplomacy, U.S. Department of State
UNAIDS
The Joint United Nations Programme on HIV/AIDS (UNAIDS) leads and inspires the world to achieve its shared vision of zero new HIV infections, zero discrimination and zero AIDS-related deaths. UNAIDS unites the efforts of 11 UN organizations—UNHCR, UNICEF, WFP, UNDP, UNFPA, UNODC, UN Women, ILO, UNESCO, WHO and the World Bank—and works closely with global and national partners towards ending the AIDS epidemic by 2030 as part of the Sustainable Development Goals. Learn more at unaids.org and connect with us on Facebook, Twitter, Instagram and YouTube.
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Feature Story
A rainbow of hope for LGBTQI+ people in rural Japan
17 May 2023
17 May 2023 17 May 2023For many years Mami taught at a state school in Kanazawa, Japan. When she started transitioning and dressing in a less masculine way, her colleagues and supervisors frowned upon it. Finally, she was fired.
As a transgender woman in a small, conservative city, Mami struggled to find another job and felt very isolated. “When a friend invited me to work at the Kanazawa Rainbow Pride community centre, I was happy to have a place where I was accepted,” she said.
Founded in 2022, the Kanazawa LGBTQI+ centre is in a 150-year-old tea house in what was the city’s former Samurai marketplace. The sliding panels allow for a variety of configurations depending on gatherings. Mami and her friend, Kennosuke Okumara, Head of the Kanazawa centre’s secretariat, were serving tea and coffee in the open bar kitchen to visitors.
“Before I worked in Tokyo but I returned to my native city,” Mr Okumara explained. “The problem was that there were and are no options for gay people here,” he said. Mr Okumara lives with HIV and laments the fact that HIV and LGBTQI+ issues are still taboo. “There is so little information, it is a shame and I am here to share my experience and share more awareness,” he said.
Mixing a green tea in a small cup with a bamboo whisk, Mr Okumara in his apron paused and looked at Mami. “This is a safe space for all here,” he said.
Diana Hoon, the centre’s co-President called the centre a beacon of hope. “We are like a lighthouse in a very conservative, patriarchal society,” she said. Showing off the many pamphlets and flyers varying from knowing one’s HIV status to the Pride parade in the city to books about coming out in the makeshift library, Ms Hoon said that the centre not only was attracting more people, they also had 10 volunteers helping out... many of whom are mothers.
"Our parent seminars about LGBTQI+ have had a lot of impact,” she said. “People share stories about their children and a connection is made.”
As a Singaporean living with another woman who is originally from Kanazawa, Ms Hoon feels like she is doing her part to provide a lifeline for people and push for more acceptance.
“Among our many priorities we do HIV awareness as well as advocate for gender neutral toilets, gender neutral school uniforms and most importantly marriage for all, which does not yet exist in Japan,” she said. She also hopes that within five years they can add a shelter to house LGBTQI+ people.
In her mind there have been incremental steps. “Transgender people have been more outspoken of late and we have LGBTQI+ champions among the community,” she said.
Such a role model is Gon Matsunaka, Founder and former President of the Pride House Tokyo consortium and the Director of the Marriage for All movement in Japan. A former advertising executive for one of Japan’s top firms, Dentsu, Mr Matsunaka hid his sexuality for decades. “For me there was no future in my rural hometown, so I left for Tokyo,” he said. He then studied in Australia, worked in Tokyo as well as New York City and ultimately left his firm.
He came out as gay in 2010 and fixated on providing a community centre in Tokyo. The Olympic Games seemed like a golden opportunity.
The COVID pandemic struck, putting a lot of projects on hold but Mr Matsunaka and his team did not give up.
“In May 2020, survey after survey revealed that LGBTQI+ youth felt unsafe at home or they had lost touch with people, this really motivated me,” he said. He had secured 15 sponsors for a temporary LGBTQI+ safe space during the Olympic and Paralympic Games, called Tokyo Pride House. With the postponing of the Games however, the centre was cancelled.
The team persuaded the sponsors to shift their funding and create a permanent space. Years after the Olympics, Tokyo Pride House still stands proud within walking distance of the popular queer-friendly Shinjuku area in Tokyo.
In Kanazawa, Mr Matsunaka had linked up with Ms Hoon to start a Pride parade in 2021. Out of that success came the idea of a community centre.
Mr Matsunaka is particularly proud that the prefecture (city district) contributed half the funds to the Kanazawa Nijinoma centre. The rest was a result of crowdfunding.
Beaming in the Tokyo Pride House surrounded by rainbow flags, he said, “I never dreamed of this and never imagined it could be possible especially in a small city like Kanazawa.”
In his mind, women have been key. “Women have 2nd rank to men especially in rural areas like Kanazawa, so they have been our greatest allies to change the patriarchal mentalities,” he said. “Mind you we have a lot more work ahead, but I only want to go forward not backwards."
On International Day Against Homophobia, Biphopia and Transphobia (IDAHOT), UNAIDS stands in solidarity with the LGBTQI+ community. We must unite and celebrate diversity; a society where everyone, no matter where they live or whom they love, is able to live in peace and security; a society where everyone can contribute to the health and well-being of their community.
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Press Release
UNAIDS urges all countries to decriminalise homosexuality as a vital step in ensuring health for all
17 May 2023 17 May 2023Released ahead of the International Day against Homophobia, Transphobia and Biphobia – 17 May 2023
GENEVA, 15 May 2023—Around the world, 67 countries still criminalise same sex relations, with 10 imposing the death penalty. 20 countries criminalise gender diversity. Such laws hurt the public health of everyone, costing lives. Public health and human rights go hand in hand.
“The importance of decriminalising homosexuality and gender diversity cannot be underestimated,” said Christine Stegling, Deputy Executive Director, Policy, Advocacy and Knowledge, UNAIDS. “Decriminalising will save lives and is a crucial step towards equality, dignity, and health for all.”
Across all cultures, sexual orientation, gender identity, and expression are diverse. LGBTQI+ people are part of every society in every country since time immemorial, yet LGBTQI+ people continue to be marginalised and excluded—be it legally, culturally, socially or a combination of all.
Criminalisation, along with pervasive discrimination and violence, obstructs LGBTQI+ people from accessing life-saving services. In a growing number of cases, health service providers are also experiencing being harassed by vigilantes or police for providing life-saving services to LGBTQI+ people.
UNAIDS reports that in countries where same sex relations are criminalised, HIV prevalence is five times higher among gay men and men who have sex with men than in countries where same sex relations are not criminalised. Where there have been recent prosecutions, this increases to 12 times higher.
Recognizing that criminal laws have a detrimental impact on the HIV response, United Nations member states at the UN General Assembly committed to ambitious targets in the 2021 Political Declaration on HIV to remove criminal laws that are undermining the HIV response and leaving key populations behind. Recognizing decriminalisation as a critical element in the HIV response, countries made a commitment that by 2025, less than 10% of countries would have punitive legal and policy environments that affect the HIV response.
There has been a positive wave of progress. In the past year Antigua & Barbuda, St Kitts & Nevis, Singapore, Barbados and the Cook Islands have repealed old colonial laws which had criminalised same-sex relations. Kuwait’s court overturned a law that had criminalised “imitating the opposite sex”.
Brazil is amongst the countries driving forward progress in advancing the human rights of LGBTQI+ people. The Minister of Health and the Minister of Human Rights will announce that the country will be joining the Global Partnership for Action to Eliminate All Forms of HIV-related Stigma and Discrimination during an event on 17 May. The event will focus on access to care and justice for trans and gender-diverse communities.
However, running counter to the wave of progress is a renewed, well-funded, well-organised international drive to sow prejudice and push discriminatory and harmful new anti-homosexuality legislation and anti-trans legislation.
If enacted into law, this legislation will have extremely damaging consequences for public health, obstructing LGBTQI + people from accessing health services, and obstructing health workers from providing, life-saving services including services to prevent and treat HIV. It is vital for public health that this harmful push be stopped.
On International Day against Homophobia, Transphobia and Biphobia, UNAIDS is calling on all countries to remove punitive laws and tackle prejudices against lesbian, gay, bisexual, transgender and intersex people. A more just, equitable and kind world is a healthier one, for everyone.
UNAIDS
The Joint United Nations Programme on HIV/AIDS (UNAIDS) leads and inspires the world to achieve its shared vision of zero new HIV infections, zero discrimination and zero AIDS-related deaths. UNAIDS unites the efforts of 11 UN organizations—UNHCR, UNICEF, WFP, UNDP, UNFPA, UNODC, UN Women, ILO, UNESCO, WHO and the World Bank—and works closely with global and national partners towards ending the AIDS epidemic by 2030 as part of the Sustainable Development Goals. Learn more at unaids.org and connect with us on Facebook, Twitter, Instagram and YouTube.
United Nations Secretary-General’s message for IDAHOBIT
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Press Statement
Uganda’s new Anti-Homosexuality Bill would harm public health
03 May 2023 03 May 2023GENEVA/JOHANNESBURG, 3 May 2023—Responding to the passing of the Anti-Homosexuality Bill by the Ugandan Parliament, UNAIDS has warned that its passing into law would undermine Uganda’s efforts to end AIDS by 2030, by violating fundamental human rights including the right to health and the very right to life.
UNAIDS East and Southern Africa Director Anne Githuku-Shongwe said:
“Uganda has made excellent progress in tackling the AIDS pandemic. This new Bill, if passed into law, would undercut that progress.
It would drive communities away from life-saving services, and obstruct health workers, including civil society groups, from providing HIV prevention, testing and treatment.
The evidence is crystal clear: the institutionalization of discrimination and stigma will further push vulnerable communities away from life-saving health services. Research in sub-Saharan Africa shows that in countries which criminalize homosexuality HIV prevalence is five times higher among men who have sex with men than it is in countries without such laws.
By undermining public health, this law would be bad for everyone.
The harmful Bill stands in marked contrast to a positive wave of decriminalization taking place in Africa and across the world, in which harmful punitive colonial legislation is being removed in country after country. Decriminalization saves lives and benefits everyone.
Public health organizations welcomed the President’s rejection of the earlier Bill. As this new Bill, like the earlier Bill, would hurt public health, it too should not be enacted.”
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Feature Story
Cook Islands’ original path toward equality
27 April 2023
27 April 2023 27 April 2023On April 14th members of the Cook Islands rainbow community assembled at parliament with colourful flags and cautious optimism. It turned out to be the day they’d been working toward for the last twelve years. Parliament removed laws prohibiting consensual sex between men, striking out sections of the Crimes Act that had been on the books since the turn of the 20th century.
“This decision by Cook Islands is part of a wave of global progress around abolishing harmful laws,” noted UNAIDS Asia Pacific Regional Director, Eamonn Murphy.
“This was a huge historical moment,” said Valery Wichman, President of the Te Tiare Association, the nation’s oldest lesbian, gay, bisexual and transgender (LGBT) organisation. “It’s not just a win for the community, but also a shift in terms of our nation maturing and upholding the constitutional rights of all people.”
Ms Wichman, an attorney and public servant, is also an akava'ine—a Māori word meaning transgender woman. She attests that the anti-LGBT laws which made so-called “sodomy” and “indecent acts” punishable by imprisonment reinforced prejudices. This contributed to the LGBT community’s exclusion, harassment and bullying. She has herself experienced being mocked and assaulted.
“A lot of people chose not to live here. It was too hard for them to endure their family’s and society’s judgment. The idea that you are not worthy has carried down from parents to children and has affected how we have been treated by our peers. A lot of trans women have not gone to the doctor because they have been misgendered and have felt disrespected. There have been cases where they ended up dying,” she said.
The journey toward law reform started in 2011. The spark was the discriminatory response to the nation’s first HIV diagnosis. Te Tiare led the advocacy charge with support from organisations including the Cook Islands Family Welfare Association.
A Crimes Bill drafted around 2013 removed the discriminatory clauses. In 2017 parliament set up a Standing Committee to review its raft of proposed revisions. Support for civil society to prepare submissions outlining public health grounds for reforms was provided by the United Nations Development Programme (UNDP), the lead agency amongst the United Nations Joint Programme on HIV and AIDS working on effective democratic governance and issues affecting sexual and gender minorities.
But following a political change the next year, the committee’s Chair recommended retaining the ban on gay sex. What’s more, he proposed a new section criminalising sex between women. The bill remained in limbo for years. Reform efforts seemed to hit a wall.
A strategy of public dialogue and political engagement rooted in Cook Islands culture enabled a breakthrough. Pride Cook Islands (PCI) was formed as a sister organisation to Te Tiare, focusing on this public advocacy branch of work.
“Obviously we are in a unique situation as a small, conservative, religious population,” PCI President, Karla Eggelton began. “The work of advocacy becomes more delicate when you are living beside people making these decisions for you. We welcomed support from international allies, but we knew we had to do this our own way and have our own approach that is mindful of the situation and culture we live in.”
First TCI tackled messaging. There were deep deliberations around word choice. The mandate was to keep the conversation simple. Ultimately the cause was framed as an equality issue. The rallying cry became, ‘don’t make us criminals in our own country’.
The organisation stayed in communication with policymakers on both sides of aisle. They not only explained their position, but sought to understand politicians’ concerns.
The group met with traditional leaders who are grassroots decision-makers. Village communities were invited to have conversations during public meetings.
“It offered an opportunity for us to understand the misperceptions. We were able to explain that all we are asking for is to not be made criminals. People said, ‘we don’t want to send you to jail, we love our neighbours and our family’,” Ms Eggelton remembered.
The organisation’s patron is Lady Tuaine Marsters whose husband, Sir Tom Marsters, is the British King’s Representative. Lady Marsters frequently attended consultations. Other spokespersons included parents and people with standing in the church. At times supporters were invited to simply stand in solidarity. But anyone who would speak was carefully prepared.
“We spent hours articulating what we would say. We reaffirmed our pledge to not become emotional. We had to keep each other in check to make sure we did not say anything we could regret,” Ms Eggelton outlined.
Then came an effort to increase visibility. The call for equality was largely coming from the LGBT community. They needed other people to demand the same. So PCI embarked on a campaign for people to show their support either by lending their voice to the public dialogue or flying the rainbow flag. The group distributed free flags, urging people to fly one for their daughter, son or grandchild. From restaurants to bars, t-shirts to earrings, the display of support resonated.
A first-of-its-kind pride ad on TV, newspapers and radio challenged Cook Islanders: “We are good enough to be your teachers, nurses, choreographers, dressmakers and orators… but not good enough in the eyes of the law. We are already part of your community, we are just asking you to recognise us as equals.”
This visibility and advocacy work was supported by UNDP through the Being LGBTI in Asia and the Pacific program. PCI developed a project to strengthen the digital capacities of community organisations. A critical outcome was the Pride Pledge Cook Islands initiative with the business community which provides visible safe spaces for LGBT people.
“The UNDP support was instrumental in promoting acceptance and awareness and utilising digital tools to share our message,” Ms Eggelton said.
TCI conducted frequent polls to gauge public sentiment. At the start of the process they lagged behind reform opponents. But by the time would-be Prime Minister, Mark Brown, made an election promise to change the law last year, public sentiment had tilted.
“Once we were able to establish that it was really about equality, then we saw a changing of the tide,” Ms Eggelton reflected.
Ultimately the entire government bench voted in favour of an Amendment Bill while opposition leader, Tina Brown, and two of her Members of Parliament also supported.
Renata Ram, UNAIDS Country Director for Fiji and the Pacific, noted that seven other countries in the Pacific region retain laws criminalising same-sex relations.
“The Cook Islands example proves that along with law reform we can have national dialogues about inclusion, justice and equity,” Ms Ram said.
At a national ceremony marking the end of the South Pacific cyclone season the rainbow community gathered once more, this time to give thanks.
“We want to make sure people understand our gratitude for everything that has transpired and for everyone who worked hard to achieve this,” Ms. Eggelton said. “Our community is now recognised through the eyes of the law as being equal. Now people can feel safe, not like second class citizens.”
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Press Release
UNAIDS welcomes the decriminalisation of same-sex relations by the Cook Islands parliament
15 April 2023 15 April 2023BANGKOK, 15 April 2023—UNAIDS applauds today’s decision by Cook Islands lawmakers to remove laws prohibiting consensual sexual acts between men from the Crimes Act. By decriminalising sex between same-sex partners, the Pacific nation joins a global movement toward affirming the human rights to non-discrimination and privacy.
“Cook Islands’ latest move is part of a wave of global progress around removing laws that harm. It will inspire countries across the Pacific, Asia and the world to follow suit. Decriminalise, save lives," said UNAIDS Asia Pacific Regional Director, Eamonn Murphy.
Criminalisation of same-sex relations undermines the human rights of lesbian, gay, bisexual and transgender (LGBT) people. Punitive laws reinforce stigma and discrimination against LGBT people, undermining their access to the rights, remedies and opportunities available to other people. Such laws also obstruct access to vital services, including sexual and reproductive healthcare.
"This decision by Cook Islands will save lives,” said Mr Murphy. “The abolition of punitive and discriminatory colonial laws across the world is essential for public health, including for ensuring the end of AIDS.”
Bi-partisan support for the Crimes (Sexual Offences) Amendment Bill demonstrates that policy-makers, civil society and communities can dialogue to develop laws that create more just and equitable societies.
UNAIDS
The Joint United Nations Programme on HIV/AIDS (UNAIDS) leads and inspires the world to achieve its shared vision of zero new HIV infections, zero discrimination and zero AIDS-related deaths. UNAIDS unites the efforts of 11 UN organizations—UNHCR, UNICEF, WFP, UNDP, UNFPA, UNODC, UN Women, ILO, UNESCO, WHO and the World Bank—and works closely with global and national partners towards ending the AIDS epidemic by 2030 as part of the Sustainable Development Goals. Learn more at unaids.org and connect with us on Facebook, Twitter, Instagram and YouTube.
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Feature Story
New legal principles launched on International Women’s Day to advance decriminalization efforts
08 March 2023
08 March 2023 08 March 2023The International Committee of Jurists (ICJ) along with UNAIDS and the Office of the High Commissioner for Human Rights (OHCHR) officially launched a new set of expert jurist legal principles to guide the application of international human rights law to criminal law.
The ‘8 March principles’ as they are called lay out a human rights-based approach to laws criminalising conduct in relation to sex, drug use, HIV, sexual and reproductive health, homelessness and poverty.
Ian Seiderman, Law and Policy Director at ICJ said, “Criminal law is among the harshest of tools at the disposal of the State to exert control over individuals...as such, it ought to be a measure of last resort however, globally, there has been a growing trend towards overcriminalization.”
“We must acknowledge that these laws not only violate human rights, but the fundamental principles of criminal law themselves,” he said.
For Edwin Cameron, former South Africa Justice of the Constitutional Court and current Inspecting Judge for the South African Correctional Services, the principles are of immediate pertinence and use for judges, legislators, policymakers, civil society and academics. “The 8 March principles provide a clear, accessible and practical legal framework based on international criminal law and international human rights law,” he said.
The principles are the outcome of a 2018 workshop organized by UNAIDS and OHCHR along with the ICJ to discuss the role of jurists in addressing the harmful human rights impact of criminal laws. The meeting resulted in a call for a set of jurists’ principles to assist the courts, legislatures, advocates and prosecutors to address the detrimental human rights impact of such laws.
The principles, developed over five years, are based on feedback and reviews from a range of experts and stakeholders. They were finalized in 2022. Initially, the principles focused on the impact of criminal laws proscribing sexual and reproductive health and rights, consensual sexual activity, gender identity, gender expression, HIV non-disclosure, exposure and transmission, drug use and the possession of drugs for personal use. Later, based on the inputs of civil society and other stakeholders, criminalization linked to homelessness and poverty were also included.
Continued overuse of criminal law by governments and in some cases arbitrary and discriminatory criminal laws have led to a number of human rights violations. They also perpetuate stigma, harmful gender stereotypes and discrimination based on such grounds as gender or sexual orientation.
In 2023, twenty countries criminalize or otherwise prosecute transgender people, 67 countries still criminalize same-sex sexual activity, 115 report criminalizing drug use, more than 130 criminalize HIV exposure, non-disclosure and transmission and over 150 countries criminalize some aspect of sex work.
In the world of HIV, the abuse and misuse of criminal laws not only affects the right to health, but a multitude of rights including: to be free from discrimination, to housing, security of the person, movement, family, privacy and bodily autonomy, and in extreme cases the very right to life. In countries where sex work is criminalized, for example, sex workers are seven times more likely to be living with HIV than where it is partially legalized. To be criminalized can also mean being deprived of the protection of the law and law enforcement. And yet, criminalized communities, particularly women, are often more likely to need the very protection they are denied.
UNAIDS Deputy Executive Director for the Policy, Advocacy and Knowledge Branch, Christine Stegling said, “I welcome the fact that these principles are being launched on International Women’s Day (IWD), in recognition of the detrimental effects criminal law can, and too often does have on women in all their diversity.”
“We will not end AIDS as a public health threat as long as these pernicious laws remain,” she added. “These principles will be of great use to us and our partners in our endeavors.”
Also remarking on the significance of IWD, Volker Türk, High Commissioner for Human Rights, said, “Today is an opportunity for all of us to think about power and male dominated systems.”
His remarks ended with, “I am glad that you have done this work, we need to use it and we need to use it also in a much more political context when it comes precisely to counter these power dynamics.”
“Frankly we need to ask these questions and make sure that they are part and parcel going forward as to what human rights means,” he said.
In conclusion, Phelister Abdalla, President of the Global Network of Sex Work Projects, based in Kenya noted: “When sex work is criminalized it sends the message that sex workers can be abused...We are human beings and sex workers are entitled to all human rights."