GENEVA, 14 December 2020—UNAIDS congratulates Bhutan’s parliament on voting to repeal Sections 213 and 214 of the country’s Penal Code. Those provisions criminalized certain private sexual acts and led to discrimination against and the marginalization of lesbian, gay, bisexual and transgender (LGBT) people. The country’s parliament voted for the repeal on Human Rights Day, 10 December.

“I commend Bhutan’s parliamentarians for voting to create a more compassionate, tolerant and inclusive society and for recognizing that the country’s LGBT people deserve privacy, respect and dignity,” said Winnie Byanyima, UNAIDS Executive Director. “This step taken on Human Rights Day will also help to ensure that LGBT people in Bhutan receive the essential services they need, including HIV treatment, prevention and care services.”    

Bhutan becomes the latest country to decriminalize consensual same-sex sexual relations. Since 2014, Angola, Botswana, Gabon, India, Mozambique, Nauru, Palau, the Seychelles and Trinidad and Tobago have all taken the same measure. However, consensual same-sex sexual relations remain criminalized in at least 68 countries and territories worldwide.    

Criminalization of consensual same-sex sexual relations prevents people from accessing and using HIV prevention, testing and treatment services and increases their risk of acquiring HIV. It legitimizes stigma, discrimination and violence against LGBT people and is a human rights violation.  

Globally, the risk of acquiring HIV is 26 times higher among gay men and other men who have sex with men than among the general population and 13 times higher for transgender people. Prohibitive legal and policy environments and a lack of tailored services for key populations increase their vulnerability to HIV. UNAIDS urges countries to ensure the full respect of the human rights of all people, regardless of their sexual orientation, through repealing laws that prohibit sex between consenting adults in private, enforcing laws to protect people from violence and discrimination, addressing homophobia and transphobia and ensuring that crucial health services are made available.

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.

GENEVA, 7 July 2020—UNAIDS welcomes the decision by Gabon to decriminalize same-sex sexual relations. Following a vote by the Gabon Senate on 29 June 2020, the signing off of the decision by the President means that Gabon has joined a growing list of countries in Africa and beyond that have removed criminal laws that target and discriminate against lesbian, gay, bisexual, transgender and intersex (LGBTI) people.

“I applaud the collective decision by Gabon’s parliament, government and President to decriminalize same-sex sexual relations,” said Winnie Byanyima, UNAIDS Executive Director. “By doing so, Gabon is righting a grave injustice inflicted on the LGBTI community in the country.”

Paragraph 5 of Article 402, which criminalized same-sex sexual relations—with a maximum penalty of six months in prison and a 5 million central African CFA franc fine—was inserted into the new Gabonese Penal Code in July 2019. That paragraph has now been withdrawn. UNAIDS is encouraged that such a step back in terms of human rights can be overturned quickly when communities, civil society, politicians and other allies come together to campaign to right wrongs.

Through legitimizing stigma and discrimination and violence against LGBTI people, the criminalization of same-sex sexual relations stops people from accessing and using HIV prevention, testing and treatment services and increases their risk of acquiring HIV. It is also a profound violation of a basic human right.

Gay men and other men who have sex with men had a 26 times higher risk worldwide in 2019 of HIV acquisition than all adult men. Prohibitive legal and policy environments created by stigma and discrimination are key barriers to dramatically reducing new HIV infections. While UNAIDS calls for the removal of such discriminatory laws, a critical immediate step would be to stop enforcing them.

“This is a very welcome step towards equality for LGBTI people in Gabon,” added Ms Byanyima. “I call on the at least 69 other countries and territories around the world that still criminalize same-sex sexual relations to do the decent thing: stop criminalizing people because of who they love.”

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.

Officially, she calls herself Juliana, but she also goes by the name Anna Morena and has an organization of the same name—the Anna Foundation Uganda.

The small, youth-led organization promotes sexual and reproductive health and rights, HIV prevention, advocacy, research, entrepreneurship and fundraising for the transgender community in central Uganda.

As a response to the malnutrition experienced by transgender people because of the COVID-19 outbreak, the foundation has raised US$ 1600 from a private donor to support transgender people and their dependents with food relief, which has reached more than 200 people.

Members of the foundation volunteer their time to conduct referrals for mental health and supply medical services, including deliveries of treatment and hormone therapy to transgender people who cannot currently access facilities due to the COVID-19 pandemic.

Ms Morena named herself and the foundation in memory of a friend who moved to Kampala, the capital of Uganda, at the age of 16 years. She was working as a sex worker to survive, met a man in a nightclub one night and was found dead the next day.

“I thought that maybe I could be “Anna” too, because she had a dream—to live as a normal person,” said Ms Morena wistfully.

Ms Morena doesn’t like labels, but she refers to herself as a “trans girl” because she wants people to know that she’s “not just a sex worker.”

She is open about being a sex worker so she can encourage others to come out and speak about it. She also volunteers to educate people about being transgender, which she does “out of love.” The sex work is to put food on the table.

“Most of the trans women I know are doing sex work. They are usually between the ages of 16 and 25 years, a time when hormones are high and one’s understanding of sexuality and gender identity is still developing,” she said.

Globally, transgender people are 12 times more likely to become infected with HIV than the general population. Nineteen countries worldwide, including Uganda, prosecute and/or criminalize transgender people.

In their daily lives, transgender people experience exclusion from family and society, barriers to employment and extreme forms of sexual, physical, emotional and psychological violence. According to Ms Morena, the COVID-19 pandemic is making things worse.

“COVID-19 has led to an increase in gender-based violence and a scarcity in commodities such as condoms and lubricants. Most sex workers are still doing sex work so that they can survive and we are seeing a rise in infections,” said Ms Morena.

She said prices for essentials such as mobile phone data have risen, making it harder for community-based transgender organizations to stay connected to their members.

In the absence of funding for vocational training, the only choice for transgender people who want to make a difference is to volunteer, said Ms Morena, because there is limited donor funding for transgender organizations. “Donors are very specific about what they will support, meaning there is a lot of competition for funding,” she said.

In addition, there is limited data on transgender people in the eastern and southern African region and Ms Morena believes that donors are not primarily interested in funding community-led research. But, she said, research is critical. “It is a way to help our governments understand the specific needs we have; it helps influence change and policies.”

Influencing change is something that Ms Morena does every day. During workshops run by the foundation, in partnership with other transgender and female-led community organizations, she tries to educate people about what it feels like to live in a transgender body by getting them to draw a picture of their bodies on a piece of paper they place on top of their heads.

Drawing one’s body out of sight always guarantees that it comes out a mess. This is Ms Morena’s advocacy punchline.

She holds up the drawing and tells them, “This is the pain I have to go through daily. This is how the world sees a transgender person.”

“This is not the body I want. I want to transition, but I don’t have the support of my family. I honestly love them. At times I try to do what I can to make them comfortable, but I also need to be happy,” she said.

This is the reason why the transgender community is so important, said Ms Morena. Solidarity helps.

“Trans women need safe spaces, places to stay and access to mental health services,” said Ms Morena. “The Government of Uganda is not willing to facilitate such spaces, so community-based organizations must bring these services until the fight for decriminalization has been won.”

With the United Nations Commission on Narcotic Drugs meeting this week in Vienna, Austria, diplomatic attention is once again being given to drugs. In 2018, people who inject drugs accounted for 12% of worldwide new HIV infections.

Laws that criminalize key populations or discriminate against people living with HIV undermine efforts to prevent new HIV infections and AIDS-related deaths in dozens of countries across all regions. Decriminalization of drug use and possession for personal use reduces the stigma and discrimination that hampers access to health care, harm reduction and legal services. In countries where drug use is decriminalized and comprehensive harm reduction is available, HIV prevalence and transmission tend to drop sharply among people who use drugs.

Czechia, the Netherlands, Portugal and Switzerland are among a handful of countries that have decriminalized drug use and possession for personal use and that have also invested in harm reduction programmes. Consequently, diagnoses among people who inject drugs in those countries are low.

With drug use or consumption and/or possession of drugs for personal use a criminal offence in at least 67 countries, it’s time for countries to take the bold step towards decriminalization.

GENEVA, 2 December 2019—UNAIDS applauds the decision by the parliament of Australia’s Northern Territory to decriminalize sex work. The Sex Industry Bill 2019 enhances the safety of sex workers and their clients by applying public health legislation to operators of sex service businesses and by allowing sex workers to work together. The legislation explicitly prohibits the exploitation of sex workers, supports their access to justice and outlaws any involvement of children.

“I commend this decision by Australia’s Northern Territory, which upholds the human rights of sex workers and means that they can operate within existing laws and regulations, including laws relating to employment, occupational health and safety, workers’ rights and discrimination,” said the UNAIDS Executive Director, Winnie Byanyima. “The decriminalization of sex work reduces the risk of HIV transmission for both sex workers and their clients.”

Globally, sex workers are 21 times more likely to acquire HIV than the general adult population. A 2014 study published in the Lancet indicated that the decriminalization of sex work is the single intervention that would have the greatest impact on the course of the HIV epidemic over 10 years, with reductions in new HIV infections among sex workers and their clients estimated at between 33% and 46%.

“This is a huge achievement built on the advocacy of sex workers and their supporters over many years and the result of best practice collaboration between the government and sex workers,” said the Chief Executive Officer of Scarlet Alliance, the Australian Sex Workers’ Association, Jules Kim. “Decriminalization means that sex workers in the Northern Territory are able to access justice in the event of a crime without fear of being arrested. We will also be able to implement occupational health and safety strategies and prioritize the health and safety of all those involved in sex work.”

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.

Fifty years after the Stonewall riots in New York, United States of America―a major milestone in the modern struggle to recognize the human rights of lesbian, gay, bisexual, transgender and intersex people―more people are benefiting from the rights that the Stonewall protesters campaigned for. The number of people living in countries that criminalize consensual same-sex sexual relationships has steadily declined since 1969.

In June 2019, Botswana became the latest country to decriminalize same-sex relationships, but Africa still accounts for about half of the world’s population living in countries with anti-homosexuality laws. In 2018, the proportion of the world’s population that lives in countries that criminalize same-sex sexual relations plummeted from about 40% to 23% following the Indian Supreme Court’s decision that decriminalized all consensual sex among adults. This was the largest annual decline since China decriminalized same-sex sexual relationships in 1997.

Prohibitive laws and policies against key populations increase their vulnerability to HIV. It is therefore vital to ensure the full respect of the human rights of all people, regardless of their sexual orientation and gender identity, including through repealing laws that prohibit sex between consenting adults in private, enforcing laws to protect people from violence and discrimination and addressing homophobia and transphobia.

Consensual same-sex sexual relations remain criminalized in at least 67 countries and territories worldwide.

Laws discriminate in many ways, but the criminalization of people is one of the most devastating forms of discrimination. Despite calls for reform and the commitments under the 2030 Agenda for Sustainable Development to remove discriminatory laws and reduce inequalities:

• Sixty-nine countries still criminalize same-sex sexual relationships.
• More than 100 countries criminalize drug use or the personal possession of drugs and 98 countries criminalize some form of sex work.
• One in five people in prison are there because of drug-related crimes and 80% of those are there for personal possession or use.
• Nineteen countries deport non-nationals on the grounds of their HIV status.

A high-level political forum is meeting in New York, United States of America, from 9 to 18 July to review the progress made against the commitments of Member States towards achieving the Sustainable Development Goals, including those on inequality and on peace, justice and strong institutions.

“As a judge, I have seen the effect that criminal law can have on communities. It takes people outside systems of protection, declares their actions or identity illegitimate, increases stigma and excludes them from any protections our judicial, social and economic systems may provide,” said Edwin Cameron, Justice of the Constitutional Court of South Africa.

Criminalization affects access to health services, housing, education, social protection and employment. The criminalization of same-sex sexual relationships, sex work or drug use prevents people from accessing health-care services, including HIV prevention, testing and treatment. Data show that gay men and other men who have sex with men are 28 times more at risk of HIV than the general population, people who inject drugs are 22 times more at risk and sex workers and transgender women are 13 times at risk. 

“To fully implement the Sustainable Development Goal agenda and make sure that no one is left behind, we need to ensure the laws are protecting people from discrimination and not pushing people into hiding from society,” said Lloyd Russell Moyle, United Kingdom Member of Parliament.

Groups that represent criminalized people are often barred from registering as nongovernmental organizations, and, for example, sex workers often can’t unionize. Propaganda laws may mean that information on, for example, HIV prevention can’t be disseminated.

“Ending AIDS and meeting the health-related Sustainable Development Goals targets will not be possible without addressing discrimination, violence and exclusion. We have an opportunity to harness the lessons from the AIDS movement and place rights and the meaningful participation of the most marginalized at the centre of the response,” said Luisa Cabal, Director for Human Rights and Gender, UNAIDS.

Criminalized groups often experience higher rates of violence than the general population. Victims of violence who are also criminalized often can’t report crimes against them to the police, and lawyers risk violence and other repercussions if they take up their cases.

“Discrimination against and criminalization of people living with HIV still continues to this day. And we are facing in Indonesia persistent stigma against and criminalizing of key populations. We will never end AIDS if we are not making their needs and rights a top priority for access to health care, protection against violence and realization of the right to health,” said Baby Rivona, from the Indonesian Positive Women Network.

Countries that decriminalize drug use and make harm reduction services available have seen reductions in new HIV infections. Evidence shows that decriminalizing sex work could avert between 33% and 46% of new HIV infections among sex workers and clients over 10 years. However, reductions in new HIV infections are not the only outcome—other outcomes include improvements in well-being and trust in law enforcement, reductions in violence and increased access to health-care and support services. Above all, however, decriminalization of people results in them no longer being seen as criminals and stigmatized by society.