I L G A Annual Report 1998

A report on events that shaped the lives of lesbians, gays, bisexuals and transgendered over the past year

by the International Lesbian and Gay Association (ILGA)

In honour of ILGA Day: August 8th.

Barcelona-Amsterdam, August '98

FOREWORD
TWENTY YEARS STRUGGLING
FOR THE RIGHT TO LOVE

The publishing of this year’s ILGA LGBT Human Rights Annual Report coincides with ILGA’s 20th Anniversary. While we are proud of all the advances made during this long period and all the energies invested in thousands of solidarity actions throughout the world, we must remember that homosexuality is harshly judged in most countries of the world. Today lesbians and gays enjoy some legal rights in only 60 countries. In another 82 countries homosexuality is illegal and punished, while in 68 other countries there is no legal status - which generates its own problems. But there is some hope, as we accomplished some goals, such as obtaining a change of status for prisoners jailed for their sexual orientation to the status of prisoners of conscience, as recognized by Amnesty International (1991), as well as deleting homosexuality from the World Health Organization´s list of illnesses (1993). However, a total of only 13 countries have anti-discrimination laws; and only 7 have laws protecting same sex partnerships.

In the last 12 months, two very important achievements were attained on 2 different continents. On January 15, 1998, ILGA was granted NGO consultative status in the Council of Europe, which grants us power to stand up for our rights throughout the world; and on April 18th, ILGA Latin America directed a widely publicized letter to the Summit of American Heads of State, demanding equality for the GLBT community and more resources for the fight against AIDS. This letter has been endorsed by more than 100 organizations within the region and reached other international media. This year significant ILGA effort was directed toward asking Amnesty International to increase its activity on behalf of prisoners jailed for sexual orientation and to join us in asking the Catholic Church for an apology for the Church’s passivity during the Nazi persecution and its responsibility for persecuting homosexuals throughout the Inquisiton period. Once again, ILGA made headlines on the above subjects.

Due to international pressure, from ILGA and Amnesty amongst others, a lesbian in Romania was released from jail. Some good news came from Ecuador as well: homosexuality was decriminalized last December; and in May the Chamber of Deputies decided to include sexual orientation in it Constitution. Homosexuality was also decriminalized in Khazasthan.

This last year ILGA held Regional Conferences in Europe and Latin America; and in July ´97 Cologne (Germany) hosted ILGA´s World Conference, with participating delegations from 45 countries. ILGA has adopted a new constitution and continues with the process of regionalization.

Although this year we have had some pleasant surprises, such as the victory of Dana International, a transexual singer at the Eurovision song contest, we vigorously denounce the murder cases continually occurring in Brazil and Mexico, all with impunity, and the executions in several Middle East countries. We renew our support to lesbians, gays, bisexuals, and transexuals throughout the world.

AIDS continues to be a serious problem within our community, and we endorse the demand for resources directed to AIDS prevention efforts in developing countries as well as the right of free treatment. Every limitation to these needs is a contributing factor in the continuing deaths amongst people with HIV/AIDS.

In concluding this review, we commend the impact that the Amsterdam Gay Games will make on the world. Similarly, we commend the favorable judicial verdicts, such as the first legal adoption by a gay couple in New Jersey, and voice our disappointment at denials of lesbian and gay human rights - such as the denial of spousal benefits by the European Court of Justice in Luxembourg to a lesbian couple of which one of the partners is employed in the railway system in the United Kingdom. We remember Boutros Boutros-Ghali’s exhortation of "all human rights for all people" and recognize that homophobia continues to affect nearly all countries and reduces the rights of millions of lesbians and gay men internationally.

On this 50th Anniversary of the Universal Declaration of Human Rights, we acknowledge with pleasure and pride the the strong support we have received for ILGA´s Manifesto LESBIAN AND GAY RIGHTS ARE HUMAN RIGHTS!

Jordi Petit / Jennifer Wilson
Secretaries General of ILGA
Barcelona / Sydney

Jennifer Wilson,
Dana International
and Jordi Petit,
at the Europride in Stockholm.
July 1998.
(Click over the photo to see an enlargement)

Acknowledgements

Lisa Power and Micha Ramakers who wrote the 1996 ILGA Report, and whose charts have been very useful for the present edition. IGLHRC (International Gay and Lesbian Human Rights Commission) for its collaboration in all ILGA Bulletins. Alejandra Sardá from Buenos Aires (Argentina). Kurt Krickler fron Vienna. The Euroletter editors Steffen Jensen, Ken Thomassen, Peter Bryld and Lisbeth Andersen. Other sources include Rex Wockner's International News, reports by ILGA member organizations, Bjoern Skolander’s reports and Amnesty International-MLGC publications. We also want to thank Tom Hoemig from the ILGA office in Brussels. And the team of translators and writers from Barcelona: Michael Ingrassia, George Ellis and Luis Vradjali. Pere Cruells and Germán Sáez for the html version.

A special thanks to the K6 Alliance, a canadian gay separatist group, for allowing us to use their data on the legal status of homosexuality.

Gay Pride data have been made available by Hartmut Schönknecht, secretary of EPOA (European Pride Organizers Association) and Teddy Witherington, vice-president of IALGPC (International Association of Lesbian and Gay Pride Coordinators).

Comisión de Solidaridad Internacional, CG-L Barcelona: Anna Hilgendag, Héctor Navarro, Enrique Góngora. E-mail: intercgl@pangea.org - http://www.pangea.org/org/cgl/ilga


GLBT Annual Report
The third edition of the ILGA Annual Report aims at giving a picture of the progress made and the challenges to be undertaken in gay, lesbian, bisexual and transgender rights throughout the world up to May 1998. The present report cannot be an exhaustive one but hopes to contribute to social awareness in the same way as the ILGA Human Rights 1998 Manifesto.

Equality
Latin America. Over 100 organizations and well-known persons of this region signed a document drafted by ILGA-Latin America which was addressed to the heads of state and politicians gathered in the Summit of the Americas in Santiago de Chile. Special emphasis was placed on demanding equality for GLBT community members and more resources for the fight against AIDS. Date April '98. Source: ILGA.

Argentina. The gay leader of the group SIGLA, Rafael Freda, spoke in front of the Argentine Congress for the first time ever. He denounced the Catholic Church's recent call for the firing of all gay teachers. Date: October '98. Source: SIGLA.

GLBT organizations have proposed an anti-discriminatory law for the nation based on the statute already existing for the city of Buenos Aires, which declares in its Article 11, "We recognize and guarantee the right to be different, and will not tolerate discrimination that leads to segregation based on questions of race, ethnicity, religion, or sexual orientation." Source: Alejandra Sardá.

Bahamas. Hundreds of homophobic demonstrators marched in Nassau to oppose the arrival of a cruise liner with homosexual tourists. Prime Minister Huber Ingraham later expressed his shock at this event and stated that his government would not tolerate discrimination on the island,which is a popular holiday destination among GLBTs. Date: 8 March '98. Source: Rex Wockner.

Canada. On December 13, 1997, the Newfoundland Province Legislature approved the inclusion of sexual orientation under its Code of Human Rights. As of now, it is prohibited to discriminate against gays in the workplace, in the job-market, and in other sectors. Source: Associated Press.

Cayman Islands. The government denied permission to dock to an Atlantic Events cruiseliner carrying homosexual passengers. Date: January '98. Source: Magnus Hirschfeld Center for Human Rights.

Chile. The Senate's Constitution, Justice, and Legislative Committee passed a resolution which recommends that the Senate repeal Article 365 of the Chilean Penal Code which classifies sodomy as a crime. The law was passed in 1995 by the lower house of the Parliament and governs the majority of legislation regarding relationships between people of the same sex. The repeal has not yet been made effective despite energic lobbying actions by local groups. Source: MOVILH.

Cyprus. On the 21st of May, 1998, The House of Representatives passed a law to decriminalize homosexuality. In April 1996, the European Court of Human Rights had condemned Cyprus for its violation of Article 8 of the European Convention on the Protection of Human Rights and Fundamental Liberties. Source: Cyprus News Agency.

Ecuador.The Constitutional Court abolished article 516 of this country's Penal Code. A happy ending after a long struggle led by gay, lesbian and human rights organizations. Date: 25 November '97. Source: Grupo Tolerancia.

Iran. On the inauguration of prime minister Khatami, ILGA demanded the ending of execution of homosexuals in this country. Date: November '97. Source: ILGA.

Japan. The High Court of Tokyo dismissed a lawsuit placed by the city government against OCCUR (Japanese Gays and Lesbian Association). The decision ratifies a district court's sentence which in 1994 determined the illegality of excluding lesbian and gay organizations from youth centers. Date: September '97. Source: OCCUR.

Kirgistan. This is the ninth former Soviet republic to decriminalize homosexual relationships. Article 103 of the new penal code does not punish homosexual acts unless they are done by force or "taking advantage of the victim's weakness". Date: December '97. Source: Amnesty International.

Mexico. A Citizens Commission presented a survey of 125 documented and unsolved murders of homosexuals. Date: 18 April '98. Source: LetraS.
The first Forum on Sexual Diversity and Human Rights was held in Mexico City. Gays and lesbians debated with sexologists and representatives of the majority of political parties of the country. The forum demanded in a document a non-discrimination clause in legislation in order to punish homophobic attacks or discrimination on grounds of sex, ethnic origin or sexual orientation. Date: 12-14 May '98. Source: ILGA.

South Africa. The Supreme Court of West Cape province decriminalized homosexual relations in June '97. Although the South African constitution penalizes discrimination based on sexual orientation, some discriminatory laws were still in force until May '98. Date: July '98. Source: National Coalition for Gay and Lesbian Equality/ ILGA.

United Kingdom. The European Human Rights Commission stated that the difference in the age of consent for homosexual relationships in England is against European Law. The British government has agreed with the Human Rights Court ruling in October 1997, and the House of Commons passed equalization of the age of consent. However, in July 1998, the House of Lords overturned this legislation; and it may be up to Europe to apply pressure to secure this change. Similarly, an amendment to the Human Righrts Bill that would have created Britain’s first-ever legal protection from discrimination for lesbians, gays and people with HIV has been recently dismissed. Date: July '98. Source: Stonewall/OutRage!
From May 1997, the British secret service M15 admits homosexual agents among its recruits. Source: Rex Wockner.

Hiv/Aids
Bulgaria. The Bulgarian Parliament passed a measure which requires mandatory HIV testing for all foreigners visiting the country for more than a month. Source: Rex Wockner.

Costa Rica. The Supreme Court ruled in favor of covering the cost of antiretrovirals for people with HIV/AIDS. Date: September '97. Source: Richard Stern (Triángulo Rosa).

Israel. Two public health care providers stopped supplying medicine to people with HIV/AIDS due to a mandate by the Ministry of Finance. After much criticism, The Ministry of Finance of Israel decided that it would continue to pay for the cost of these medicines. Date: November '97. Source: The Agudah.

Malaysia. The Ministry of Public Health made the decision to deport 1,030 foreign workers with legal residency who had been diagnosed with either tuberculosis, hepatitis, HIV, or any other type of STD. These tests were obligatory and results were given without the consent of those tested. Date: March '97. Source: Rex Wockner.

Mexico. The honorary president of the Mexican Red Cross, Jose Barroso Chávez, recently downplayed the fight against HIV/AIDS in Mexico. In an interview, he stated that the Mexican Red Cross has many other priorities, such as people with respiratory or digestive problems, as opposed to only 10,000 people who die from AIDS. He also put into question the effectiveness of AIDS prevention campaigns that promote the use of condoms. These comments immediately brought about a negative reaction by associations fighting against AIDS around the world. Date: March '98. Source: ILGA.

Peru. Edgar Domingo Jara Rojas, 24 years of age, was denied dental service at the Lima Medical Center "Maria Auxiliadora" upon revealing his positive HIV status. Date: July '97. Source: GNP+.

Russia. Moscow authorities ordered the installation of vending machines selling condoms in all late-night bars, restaurants, dance clubs and casinos, as well as in theaters, airports, and train stations. Date: Feb. '98. Source: Interfax News Service.

Venezuela. A court ruled in favor of an appeal to guarantee access to health care and medicine under Social Security to 47 people living with HIV/AIDS. Date: July '97. Source ACCSI.
Letters were sent to various world leaders during The 7th Ibero-American Summit of Heads of State, held on the island of Margarita, urging them to include in the Summit's final declaration the budgets of organizations battling AIDS in the region. Date: July '97. Source: Lacasso.

Human Rights
Afghanistan. In two separate incidents, five men have been convicted this year of committing sodomy and have received the Shari’a punishment of having a stone wall felled on them. The three men in the first case survived their ordeal, but two of them died the next day. The fate of the third is unknown. The 18- and 22-year old men in the second case did not survive. Source: Amnesty International/Voice of Sharia/ Rex Wockner.

Argentina. Over the past year, transvestites from the city of Rosario were systematically arrested and abused by the local police. One of those detained, Marcela Arias, died as she was abandoned with serious injuries and denied medical attention. Date: December '97. Source: Colectivo Arcoiris.
ILGA's protest for this police mistreatment was published in the local media, while Coordinadora Gai-Lesbiana of Barcelona sent a package containing "solidarity lipsticks" to the Argentinian consulate for its delivery at the detention center.

Cuba. Hundreds of people were detained during a raid on the busiest dance club in Havana. ILGA issued a letter of protest. Date: August '97. Source: ILGA.

Ecuador. Fifteen homosexual citizens were arrested in the gay bar "Abanicos" in the city of Cuenca, then were mistreated and humiliated by the local police. ILGA sent a letter of protest to the Ecuadorian government and the governor of the province. Date: Jun - Jul '97. Source: Ecuadorian Human Rights organizations/ ILGA.
Gay activist José Alberto Urriola was detained and jailed for the alleged crime of robbery, although he was never actually booked at the detention center. Date: October '97. Source: APDH/ILGA.

Guatemala. A transvestite, Maria Conchita Palencia, was killed in a drive-by shooting by unidentified individuals in downtown Guatemala City. Subsequently, four transsexuals were murdered the same way. Date: October '97. Source: OASIS/ILGA.

Italy. At the beginning of 1998, a series of police raids on gay and lesbian bars and cruising areas took place in Rome. Because of this, many bars and clubs closed down, citing legal reasons. Many gay activists suspect that these recent events have a direct link with the announcement that Rome will host "GLBT World Pride 2000." Source: Mario Mieli.

Iran. In the city of Hamadan, Ali Sharifi was hanged for having had homosexual relationships. Date: January '98. Source: Reuters.

Latvia. Gatis Bugoveckis was forced to resign from the police force because he made it public in a newspaper interview that he is gay and lives with his partner. Date: July '97. Source: HIC-Latvia.
On February 10, 1998, a bomb exploded outside the homosexual club "Purvs" and destroyed the windows and front wall of the club. The main suspect for the bombing is a militant member of the extremist party LNDP, which in its literature calls for actions against homosexuals and describes them as "degenerates". Source: HIC-Latvia.

Namibia. After attacks against homosexuals by President Sam Nujoma, the Namibian society has reacted favorably towards the hundreds of gays that live in the African nation. Source: Rainbow Project.

Puerto Rico. A large coalition has formed to abolish the "Sodomy Law" which, under Article 103, penalizes sexual relations between people of the same sex. Date: November '97. Source: Coalition Against Article 103 and For The Right to Have an Identity.

Qatar. This country is carrying out a campaign of deportation of homosexual foreigners. Source: Filipino Consular Civil Servants in Qatar.

Romania. Martina Cetiner was jailed for three years for "encouraging and inciting" another woman to have a sexual relationship with her. It is a crime to be homosexual according to the Romanian Penal Code. Amnesty International adopted her as a prisoner of conscience in 1997; and, more recently, Cetiner was set free. Date: March '98. Source: ACCEPT.

South Korea. The First Queer Film and Video Festival was banned in Seoul. Representatives from the district government sealed the doors of the theater where the event was taking place and threatened to impose a fine of $22,000 and three years in prison on its organizers. Date: September '97. Source: Fortissimo Film Sales.

Spain. A group of homosexuals was denied entrance into a dance club in Donostia, Basque Country, by the security guards of the establishment. The manager maintained that the incident took place because the group of individuals "demonstrated an excessive passionate display of affection". Date: November '97. Source: GEHITU.

Singapore. The group "People Like Us" was denied legal recognition by the Singapore government and, because of this, has been ordered to stop all of its activities. In Singapore, working for an association which is not recognized by the government can be penalized with up to three years in prison. Date: August '97. Source: Rex Wockner.

Swaziland. The first gay group is being formed in this country. Source: ILGA.

Politicians
EUROPE. Several European MPs from different political parties created an intergroup for lobbying in favour of homosexuals. The group is presided by Dutch MEP Auti Ojala, who stated her commitment to the application of the non-discriminatory clause based on sexual orientation included in the Amsterdam Treaty. Date: April ’98. Source: Equal Rights for Gays and Lesbians Intergroup.

Mexico. Patria Jiménez, first openly lesbian congresswoman, was elected a deputy by the Partido Revolución Democrática in the elections of July 1997. Date: August 1997. Source: IGLHRC.

United Kingdom. Labour Party MP Angela Eagle came out to the public in September 1997. Eagle is the first politician in high office who is openly gay and works in the Office of Environmental Protection. Date: October 1998. Source: El País daily.

Religion
Vatican city. ILGA demanded the church extend its plea for pardon for its indifference during the Holocaust, as well as for the persecution of homosexuals during nazism in Europe. A similar claim was made for secular persecution exerted by the Holy Inquisition Tribunals. Source: ILGA.

Zimbabwe. Archbishop Desmond Tutu, Nobel Peace laureate and chairman of the South African Truth and Reconciliation Commission, declared that the World Council of Churches must take a positive stand on homosexuality at its next assembly at the University of Zimbabwe in Harareon on December 3rd-14th, if it wants to remain credible. On the other hand, over the past four years president Mugabe has virulently attacked glbts, calling them "pigs" and "perverts", and describing homosexuality as a "Western perversion" unknown in African culture. Dateline: March 3, 1998. Reported by: ENI.

Same-sex couples
Canada. In the Family Relations Law the definition of "conjugal couple" has been expanded to include same-sex partners. Dateline: June, 1997. Reported by: Rex Wockner.
On March 11, 1997, an arbitration court dictated that the Chrysler Corporation Canada must provide the same benefits to homosexual partners among their employees. This excludes pensions. Source: Rex Wockner.

France. The government is considering changing the Civil Code to enable same-sex couples to sign a contract which would eventually give them some of the legal protection and fiscal benefits of marriage. Source: C G-L Barcelona.

New Zealand. The Court of Appeals dismissed the proposal for homosexual marriage. Date December '97. Source: Rex Wockner.

Slovenia. The government of this country is studying the possibility of normalizing same-sex relationships. A workgroup has formed to draft a legislative proposal for same-sex couples. Source: Rex Wockner.

Spain. The City Council of Barcelona recognized domestic partnership irrespective of sexual orientation in its labour contracts. This includes absence of leave for domestic partners marriage irrespective of sexual orientation. Other councils of Catalonia have already recognized this right for gay and lesbian couples. Source: C G-L Barcelona.
The Parliament of Catalonia passed a law of domestic partnership in June '98 which includes same-sex couples. The law does not include the right to adoption and for fiscal matters. Source: CG-L Barcelona.
The Spanish Congress debates the two bills for Domestic Parnership presented by Coalición Canaria and Partido Popular. Date: May '97. Source: C G-L Barcelona.

The Netherlands. Since January 1998, same-sex couples have been able to legally register their partnership, which is a new civil status equal to spouse/ marriage. On February 1998, the Dutch Cabinet granted adoption rights for gay and lesbian couples. As of April 1998, couples do not have to be necessarily married, but adoption by same-sex couples is limited only to shared custody of the child of one of the partners. When the new law is implemented, lesbian and gay couples will always have to apply to a judge to be granted adoption. Date: February ‘98. Source: Sonia Robla-Amsterdam.

United Kingdom. The European Court of Justice disallowed the case of a South West Trains railroad employee, Lisa Grant. She had requested the same spousal benefits for her partner which the company offers to heterosexual couples, married or otherwise. Source: Bjoern Skolander-ILGA.
Starting October 1997, it was possible to obtain a residency permit for foreign same-sex partners. These couples must prove that they have been living together for at least 4 years and have a commitment to continue the relationship. Date: October '97 Source: Bjoern Skolander/ Stonewall UK.

Vietnam. In the province of Vinh Long, two lesbians married on the 7th of March after having been denied the right to register as a couple by the local committee of their village. The legal status of the marriage remains in question. Date: March 1998. Source: Lao Dong Newspaper.

ILGA
European Union. ILGA obtained consultative status, effective 15 January 98, in the Council of Europe where 40 European countries are represented.. Thus, ILGA become part of three consultative bodies: The European NGOs Conference Plenary, the Liaising Committee and the NGOs and Members of Parliament Committee. Date: February '97.

Global March against Child Labor. ILGA was at the march and supported the campaign against child labor which ended in Geneva in June '98.

ILGA Manifesto on Human Rights. The document "Gay and Lesbian Rights are Human Rights", which was issued through the media and the web, has already received hundreds of signatures in support from all over the world.

XIX ILGA Regional European Conference. In London, UK, 60 delegates from 19 European countries met on 9-13 October '97.

I ILGA Regional Latin american and Caribbean Conference. 40 delegates and observers of GLBT organisations gathered in Lima, Peru to agree on their regional structure. Date: 7-10 December '97.

ILGA Europe Regional Conference in London. Date: October '97.

Other news
Amnesty International. In December 1997, at the International Council Assembly of AI in Cape Town, it was decided not to include "sexual orientation" in its mission statement. On the other hand, they voted for increasing work in cases of violations of human rights based on sexual orientation. For the celebration campaign on the occasion of the 50th anniversary of Human Rights, Amnesty has included the cases of two gay rights activists murdered in Brasil. Source: AI/ MGLC.

Pierre Sané, secretary general of Amnesty International, and Jordi Petit, ILGA's co-secretary general met in Barcelona . Date: 22 March '98.

OSCE Conference on Human Rights in Warsaw. ILGA member Kurt Krickler took part in the conference held on 12-28 November '97.

II National Lesbian Seminar in Salvador da Bahia, Brasil. Health and citizenship issues were discussed on 25-29 September. Source: Alejandra Sardá.

The Chinese Tongzhi Conference was held in Hong Kong on 5-8 February with 200 delegates from 17 countries. Source: Rex Wockner.

III Congress of Gays and Lesbians of Indonesia in Denpasar, Bali. The event was organized by GAYa DEWATA and attended by 46 gay, lesbian and transgendered persons representing 11 organizations. Source: GAYa DEWATA.

I Gathering of Relatives and Friends of GLBTs in Montevideo, Uruguay. Date: 15 December '97. Source: Fernando Frontan.

V International Bisexuals Conference in Boston, USA, attended by 910 persons from 12 countries. Date: 3-5 April '98. Source: Bisexual Resource Center.

I Gay and Lesbian Cinema Festival in Lisbon, Portugal. The event was opened by the city mayor. Date: September '97. Source: ILGA Portugal.

Some of the last year’s GLBT Pride gatherings
Argentina. March against violence and discrimination in Buenos Aires. November 1, '97. 2,000 participants in the 6th GLBT Pride March. Source: Alejandra Sardá.

Australia. 750,000 partcipants in Sydney's 20th "Mardi Gras". Date: February '98. Source: Rex Wockner.

Canada. 170 persons marched in a gay parade in Prince George. Date: September '97. Source: Rex Wockner.

El Salvador. 200 gays and transvestites marched in San Salvador to celebrate Gay Pride. Date: June '97. Source: Rex Wockner.

Hungary. 400 persons marched in Budapest on Gay Pride celebration. Date: September '97. Source: Rex Wockner.

Japan. 300 lesbians and several drag queens marched along the streets of Tokyo for the first time ever. Date: October '97. Source: Rex Wockner.

Peru. 60 gays, lesbians y transexuals celebrated the first Gay Pride march in Lima.Date: July '97. Source: Rex Wockner.

Portugal. 3,000 marched in Lisbon to celebrate Gay Pride. Date: June '97. Source: Rex Wockner.

Data on 1998 GLBT Pride Public Attendance
A first overview:
- Brussels: 5.000 participants
- Berlin: 300.000 participants and visitors together at the parade 27th June, additional 300.000 at the street festival the weekend before the parade 20-21 June
- Copenhagen: 1.500 participants
- London: 40.000 participants March 4th July, no festival this year
- Paris: 50.000 participants Parade 20th June, no festival this year
- Rome: 5.000 participants
- Tel Aviv: 1.500 participants
- Vienna: 70.000 participants and visitors together at the parade 4th July

For more information please contact:
European Pride Organisers Association
EPOA Office/Secretary
Tel: +49-30-392 5311. Fax: +49-30-392 4319
E-mail: hartmut.schoenknecht@t-online.de


Legal Status of Homosexuality
State of the World in en 1997 / 98:

Africa

CountryLesbiansGays
Algeria Illegal Illegal
Angola Illegal Illegal
Benin Illegal Illegal
Botswana Not mentioned Illegal
Burkina Faso Legal Legal
Burundi Not available Not available
Cameroon Illegal Illegal
Cape Verde Illegal Illegal
Central African RepublicLegalLegal
ChadNot clear Not clear
Comoros Legal Legal
CongoLegal Legal
Democratic Republic of Congo (formaily Zaire) Not availableNot available
DjiboutiNot availableNot available
EgyptNot mentionedNot mentioned
Equatorial GuineaNot availableNot available
EthiopiaIllegalIllegal
EritreaLegalLegal
GabonLegalLegal
GambiaLegalLegal
GhanaNot mentionedIllegal
Guinea Not clearNot clear
Guinea BissauNot mentionedNot mentioned
Ivory CoastNot mentionedNot mentioned
KenyaIllegalIllegal
LesothoNot mentionedNot mentioned
Liberia LegalLegal
LibyaIllegalIllegal
Madagascar Not mentioned Not mentioned
Malawi Illegal Illegal
MaliLegalLegal
MauritaniaIllegal Illegal
MauritiusIllegal Illegal
MoroccoIllegalIllegal
Mozambique Not mentioned Illegal
NamibiaNot procecuted since the 60's Illegal
NigerNot availableNot available
NigeriaNot mentionedIllegal
ReunionLegalLegal
RwandaNot mentionedNot mentioned
Sao Tome and PrincipeLegalLegal
Senegal Not mentioned Not mentioned
SeychellesIllegalIllegal
Sierra LeoneNot availableNot available
SomaliaNot availableNot available
South AfricaLegalLegal
SudanIllegalIllegal
Swaziland LegalLegal
TanzaniaNot mentioned Illegal
TogoIllegal Illegal
TunisiaIllegal Illegal
UgandaNot mentionedIllegal
ZambiaNot mentionedIllegal
ZimbabweNot mentionedIllegal

Americas

Country Lesbians Gays
Antigua & BarbudaNot mentioned Illegal
ArgentinaLegalLegal
ArubaLegalLegal
BahamasNot clearNot clear
BarbadosIllegalIllegal
Belize Not availableNot available
BermudaNot mentionedIllegal
Bolivia Not mentionedNot mentioned
BrazilNot mentionedNot mentioned
CanadaLegalLegal
Cayman IslandsNot mentioned Illegal
Chile Not mentionedIllegal
ColombiaNot mentionedNot mentioned
Costa RicaLegalLegal
CubaIllegalIllegal
Dominican RepublicLegalLegal
EcuadorLegalLegal
El SalvadorNot mentionedNot mentioned
Falkland Islands / MalvinasNot mentioned Legal
French GuyanaLegalLegal
Grenada Not available Not available
GuadaloupeLegalLegal
GuatemalaNot mentionedNot mentioned
Guyana IllegalIllegal
HaitiNot mentioned Not mentioned
HondurasNot mentionedNot mentioned
JamaicaNot mentionedIllegal
MartiniqueLegalLegal
MexicoNot mentionedNot mentioned
Netherlands AntillesLegal Legal
NicaraguaIllegalIllegal
Panama Not mentionedNot mentioned
ParaguayNot mentionedNot mentioned
PeruIllegal Illegal
Puerto Rico (USA)IllegalIllegal
Saint Kitts and NevisLegalLegal
Saint LuciaIllegalIllegal
SurinamLegalLegal
Trinidad and TobagoIllegalIllegal
Turks and Caicos IslandsNot mentioned Illegal
United States of Americasee below see below
UruguayNot mentionedNot mentioned
VenezuelaLegalLegal

United States of America

LesbiansGays
Legal, by state: Maine, New Hampshire, Vermont, Connecticut, New York (State Court decision), New Jersey, Pennsylvania (State Court decision), West Virginia, Ohio, Indiana, Illinois (the first, 1961), Winconsin, Iowa, North Dakota, Nebraska, Colorado, New Mexico, Wyoming, Washington, Oregon, California, Alaska and Hawaii. Maine, New Hampshire, Vermont, Connecticut, New York (State Court decision), New Jersey, Pennsylvania (State Court decision), West Virginia, Ohio, Indiana, Illinois (the first, 1961), Winconsin, Iowa, North Dakota, Nebraska, Colorado, New Mexico, Wyoming, Washington, Oregon, Tennesse, California, Alaska and Hawaii.
Homosexual anal and oral sex is illegal, by state: Massachusetts, Maryland , District of Columbia, North Carolina, South Carolina, Georgia, Florida, Kentucky, Tenesse, Alabama, Mississippi, Louisiana, Missouri, Michigan, Minnesota, Idaho, Utah and Arizona Massachusetts, Maryland , District of Columbia, North Carolina, South Carolina, Georgia, Florida, Kentucky, Tenesse, Alabama, Mississippi, Louisiana, Missouri, Michigan, Minnesota, Idaho, Utah and Arizona
Anal and oral sex is illegal for both homo and heterosexuals, by state: Arkansas, Kansas, Oklahoma (in 1986 the State's highest criminal court decided that application to heterosexual sex was unconstitutional), Texas, Montana and Nevada. Arkansas, Kansas, Oklahoma (in 1986 the State's highest criminal court decided that application to heterosexual sex was unconstitutional), Texas, Montana and Nevada.

Asia-Pacific

CountryLesbiansGays
Afganistan Illegal Illegal
Australia (Federal)
  • Queensland
  • South Australia
  • Tasmania
  • Western Australia
  • Capitol Territory
  • New South Wales
  • Northern Territory
  • Victoria
  • Legal
    Not mentioned
    Legal
    Not mentioned
    Legal
    Legal
    Legal
    Legal
    Legal
    Legal
    Legal
    Legal
    Legal
    Legal
    Legal
    Legal
    Legal
    Legal
    BangladeshIllegalIllegal
    BhutanIllegalIllegal
    BruneiIllegalIllegal
    Burma/MyanmarNot mentionedIllegal
    CambodiaNot mentionedNot mentioned
    ChinaLegalLegal
    Cook Island s(New Zealand Associated State)Not mentionedIllegal
    Fiji IslandsNot mentionedIllegal
    French PolynesiaLegalLegal
    GuamNot availableNot available
    Hong Kong (part of China since July 1st. 1997)LegalLegal
    IndiaNot mentionedIllegal
    IndonesiaLegalLegal
    JapanLegalLegal
    KazakhstanLegalLegal
    KiribatiNot mentionedIllegal
    KyrgyzstanIllegalIllegal
    LaosIllegalIllegal
    MacauLegalLegal
    MalaysiaIllegalIllegal
    MaldivesNot availableNot available
    Marshall IslandsNot availableNot mavailable
    MicronesiaNot mentionedNot mentioned
    MongoliaIllegalIllegal
    NauruNot availableNot available
    NepalIllegalIllegal
    New CaledoniaLegalLegal
    New Zealand Not mentionedLegal
    Niue (New Zealand Associated State)Not mentionedIllegal
    North KoreaNot mentionedNot mentioned
    PakistanIllegalIllegal
    Papua New GuineaNot mentionedIllegal
    PhilippinesIllegalIllegal
    SingaporeIllegalIllegal
    Solomon IslandsIllegalIllegal
    South KoreaLegalLegal
    Sri LankaNot mentionedIllegal
    TaiwanIllegalIllegal
    TajikistanNot mentionedIllegal
    Thailand LegalLegal
    Tokelau (New Zealand Associated State)Not mentionedIllegal
    TongaNot mentionedIllegal
    TurkmenistanNot mentionedIllegal
    TuvaluNot mentionedIllegal
    UzbekistanNot mentionedIllegal
    Vanuatu / New HebridesNot mentionedNot mentioned
    VietnamNot mentionedNot mentioned
    Western SamoaIllegalIllegal

    Europe

    CountryLesbiansGays
    AlbaniaLegalLegal
    AndorraLegalLegal
    ArmeniaNot mentionedIllegal
    AustriaLegalLegal
    AzerbaijanNot mentionedIllegal
    BelarusLegalLegal
    BelgiumLegalLegal
    Bosnia HercegovinaNot mentionedIllegal
    BulgariaLegalLegal
    CroatiaLegalLegal
    CyprusLegalLegal
    Czech RepublicLegalLegal
    DenmarkLegalLegal
    EstoniaLegalLegal
    Faroe IslandsLegalLegal
    Finland LegalLegal
    FranceLegalLegal
    GeorgiaNot mentionedIllegal
    GermanyLegalLegal
    Grece LegalLegal
    HungaryLegalLegal
    Iceland LegalLegal
    Ireland Not mentionedLegal
    ItalyLegalLegal
    Latvia Not mentioned Legal
    LiechtensteinLegal Legal
    LithuaniaLegalLegal
    Luxembourg Legal Legal
    MacedoniaNot mentioned Illegal
    MaltaNot mentionedLegal
    MoldovaNot mentionedLegal
    Monaco LegalLegal
    Montenegro LegalLegal
    NetherlandsLegalLegal
    Norway LegalLegal
    Poland LegalLegal
    PortugalLegalLegal
    RomaniaIllegalIllegal
    Russia Not mentionedLegal
    San Marino Not mentionedLegal
    Serbia LegalLegal
    SlovakiaLegalLegal
    SloveniaLegalLegal
    SpainLegalLegal
    SwedenLegal Legal
    Switzerland Legal Legal
    TurkeyLegalLegal
    UkraineLegalLegal
    United KingdomNot mentionedLegal
    Vatican CityNot mentionedNot mentioned

    Middle East

    CountryLesbians Gays
    BahrainNot mentionedIllegal
    IranIllegalIllegal
    IraqLegalLegal
    IsraelNot mentionedLegal
    JordanIllegalIllegal
    KuwaitIllegalIllegal
    LebanonIllegalIllegal
    OmanIllegalIllegal
    QatarIllegalIllegal
    Saudi ArabiaIllegalIllegal
    SyriaIllegalIllegal
    United Arab EmiratesIllegalIllegal
    YemenIllegalIllegal

    Equal Treatment Measures for Lesbian and Gay Men
    State of the World in 1998:

    Anti-discrimination laws

    The following countries have national legislation which bans discrimination on the basis of sexual orientation:
    CanadaDenmarkEcuador
    FranceLuxembourgThe Netherlands
    New Zealand NorwaySlovenia
    South AfricaSpainSweden

    Partnership laws

    In the following countries legislation regulates lesbian and gay partnerships:
    Catalonia (Spain)
    Denmark / Greenland
    Netherlands
    Hungary
    Iceland
    Norway
    Sweden
    Note: there is a significant number of countries where such legislation is currently being discussed in parliament. These include Belgium, Finland and the Czech Republic. In the United States, the Hawaii Supreme Court is expected to rule shortly on whether marriage laws in this US state apply to lesbian and gay couples. In Hungary, common-law same-gender relationships are recognised. In cities and municipalities in France, Spain, Belgium and the United States, same-gender relationships are recognised. They are also recognised by some provinces in Canada and Spain, and by various international corporations. The Catalan Parliament recently approved a bill recognizing domestic partnerships of hetero- and homosexual couples.

    Constitution

    After South Africa became the first country in the world to prohibit discrimination based on sexual orientation in its constitution, Ecuador followed its example earlier this year.

    Summary

    Legal Status of Homosexuality in 1997 / 96:

    All over the world: 210 Countries (excluding USA)

    Lesbians
    Gays
    Illegal
    50
    86
    Not mentioned
    68
    23
    Not available
    12
    12
    Not clear
    4
    3
    Legal
    76
    86


    Africa: 55 Countries

    Lesbians
    Gays
    Illegal
    17
    26
    Not mentioned
    15
    7
    Not available
    6
    6
    Not clear
    3
    2
    Legal
    15
    16

    Americas: 42 Countries (excluding USA)

    Lesbians
    Gays
    Illegal
    7
    13
    Not mentioned
    17
    10
    Not available
    2
    2
    Not clear
    1
    1
    Legal
    15
    16


    Asia - Pacific: 50 Countries

    Lesbian
    Gays
    Illegal
    15
    29
    Not mentioned
    20
    5
    Not available
    4
    4
    Legal
    11
    12

    Europe:
    50 Countries

    Lesbian
    Gays
    Illegal
    1
    7
    Not mentioned
    14
    1
    Legal
    35
    42

    Middle East:
    13 Countries

    Lesbian
    Gays
    Illegal
    10
    11
    Not mentioned
    2
    --
    Legal
    1
    2

    For questions and suggestions:


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    © Coordinadora Gai-Lesbiana, 1995-2001