In 2022, the Indian Supreme Court ruled that sex workers were covered by Article 21 of the Constitution which assures every person the right to life. It recognized that sex workers are entitled to equal protection under the law.

The court instructed both central and state governments that sex workers should not be arrested, penalised, harassed or victimised during brothel raids. (Running a brothel is illegal in India. Individual sex work is not.) Nor should the possession of condoms and other safer sex commodities be treated as evidence of an offence. And the police should be sensitised to the community’s rights.

Moreover, the court also stressed the vital need to uphold the basic protection of human decency for the children of sex workers who, “bearing the brunt of social stigma… are removed to the fringes of the society, deprived of their right to live with dignity”. This ruling will help ensure that the children of sex workers can access essential services, including healthcare and education.

To commemorate this landmark judgment, the All-India Network of Sex Workers (AINSW) conducted a three-day National Consultation titled ‘Sisterhood and Solidarity with Sex Workers: One Year Since the Historic Supreme Court Ruling of 2022’. AINSW has been working on the issues of sex worker rights since 2011 across several states.

“Laws make a difference,” said David Bridger, UNAIDS Country Director to India in his keynote address. “The Supreme Court ruling was historic because with this, India joins a handful of countries like Canada and New Zealand that have explicitly instituted legal protection for sex workers. Recognizing the equal worth and dignity of every person is not only ethical, but also critical for ending AIDS.” 

While giving an overview of the Supreme Court ruling, Senior Advocate, Anand Grover, noted that sex workers have taken steps which have contributed to the decline of HIV in India by negotiating condom use with their clients.  A 2021 study found that 98% of sex workers used condoms. The work to educate and empower this community to have safer sex is paying off. HIV prevalence among female sex workers is now just under 2%. Protecting the safety and human rights of key populations expands their access to HIV services, accelerating progress in the response to HIV.

Mr Grover called for a full understanding of the law and how it impacts the lives of sex workers. He also stressed the importance of community participation in law and policy development, noting that the Court itself called for sex workers to be involved in decision-making processes linked to issues which affect them.

Shyamala Natraj, Executive Director of the South India AIDS Action Programme (SIAAP), briefed the audience about what went into making the 2022 ruling possible. She said the judgment was the result of strategic and consistent advocacy which centred on the lived experiences of sex workers.

In 2020, for example, the National Human Rights Commission issued an advisory recognising sex workers as entitled to the same social protection as other informal workers for the first time. Sex workers had been among the hardest hit during the COVID-19 pandemic. Not only did they experience an abrupt loss of income, but some were excluded from state social safety net responses. The fallout was extreme, including hunger, homelessness, debt, depression, and even suicide.

The SIAAP shared an example from Usha Ram (not her real name) from the town of Theni: “I did not have money to pay rent. The house owner forced me to vacate and humiliated me in front of my neighbours for doing sex work. I was on the streets with my children and did not even get the advance back.”  

Ms Natraj encouraged the community to assert their human rights and secure access to the services that would ordinarily be provided to them under the law, including the issue of Aadhar (identification) cards, rations, poverty alleviation support and proof of residence documentation.

But despite the Supreme Court’s ruling that “sex work is a profession” with the same human rights as others, and that sex workers should not be harassed by the police, inequalities, stigma, and discrimination persist. Many sex workers are still reporting police harassment; some say they are still charged for soliciting clients.

To safeguard the human rights of sex workers, experts reiterated the need to implement the Supreme Court judgment at the grassroots level. UNAIDS and its cosponsors are committed to working with communities, policy makers and law enforcement to increase awareness and to ensure the universal upholding of sex workers’ human rights. 

This 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.

GENEVA | 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.

The University of San Carlos de Guatemala (USAC) Faculty of Medical Sciences, in collaboration with UNAIDS, the World Health Organization (WHO), and the United Nations Population Fund (UNFPA), launched an online course titled "Conceptos clave sobre VIH, Género y Derechos Humanos" (Key Concepts on HIV, Gender, and Human Rights). The four-module course is designed to provide teaching staff with detailed knowledge about key concepts related to HIV, its treatment and prevention, and the national and international legal framework guiding the response to HIV, as well as the gender and human rights dimensions of the epidemic.

With an estimated three new HIV infections each day in Guatemala and only 73% of the estimated 31,000 people living with HIV receiving antiretroviral treatment and persisting high level of stigma and discrimination towards people living with HIV, the course is a significant step towards addressing the country's HIV challenges. The course aims to provide teaching staff and students with the necessary resources to promote, protect, and fulfill the human rights of adults, adolescents, and children living with or at risk of acquiring HIV, in all their diversity.

The course consists of 140 hours of study, including 70 hours of theory and 70 hours of practice, and will be undertaken between May and August 2023. Course participants will join virtual classes and synchronous group workshops and will have to submit the required tasks according to a work schedule.

The course covers four modules: Module 1 - Update on HIV and AIDS; Module 2 - National and international legal framework for the response to HIV; Module 3 - Health sector Policy framework for HIV response; Module 4- Key concepts on gender and human Rights.

During the inauguration, Marie Engel, UNAIDS Country Director, expressed her hope that participants would enjoy taking the course as much as she and other partners had in developing it. She also emphasized that "the course will be enriched with participants' individual knowledge and experiences, their doubts and concerns. There is obviously a lot of knowledge and wisdom among course participants that the facilitators will strive to capture."

Dr. José María Gramajo, General Coordinator of the USAC Faculty of Medical Sciences' Area of Teachers and Postgraduate training, highlighted that "this refresher course will contribute to the professional development of faculty teachers, sharing with them the latest knowledge about innovations related to HIV prevention, detection, and care, and ensuring an in-depth understanding of cross-cutting issues relevant to HIV and other public health problems."

Teaching staff and students are catalysts with the power to change the national response to HIV. As stated by Dr. Mirna Herrarte, Coordinator of the national HIV, STI, and AIDS program, "I am glad to know that there are so many professionals who want to know more about HIV. In the country, HIV treatment schemes are constantly reviewed. As an anecdote, Guatemala had more than 200 antiretroviral schemes a year ago. Under my leadership, we have reduced those schemes by 75%."

Inequalities persist in the most basic health and HIV services, such as access to screening, treatment, and condoms. USAC's collaborative initiative is an important step towards ensuring that all sectors, including academia, are engaged in ending social, economic, and legal inequities. The University of San Carlos de Guatemala is the largest and oldest university in Guatemala, and the only national and public university in the Central American country. 

For 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 2^nd 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.

On April 14^th 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 20^th 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.”