LGBTQ rights in Aceh | |
---|---|
Status | Illegal [1] |
Penalty | 100 strokes of the cane or 8 years imprisonment |
Gender identity | Since 2009, only Indonesians who have undergone gender re-assignment surgery have been allowed to change their gender on identity documents, and a third gender option is not recognized [2] |
Military | No |
Family rights | |
Recognition of relationships | No recognition of same-sex couples |
Adoption | Adoption by single LGBT people recognized, but adoptions by same sex couples are banned [3] |
Lesbian, gay, bisexual, and transgender (LGBT) people in Aceh face severe challenges and prejudices not experienced by non-LGBT residents. [4] [5] Since 2014, at least six men have been publicly caned for having gay sex, including two men who received 77 lashes in 2021. [6] [7]
The Qanun Law No.6 in 2014 does not explicitly prohibits crossdressing, even though Transgender women had been targeted by the police several times. One of the cases was an arrest of 12 transgender individuals in the North Aceh regency in 2018 under the command of Untung Sangaji. The transgender group were denuded and forced to be "dressed into men", while the salon where they worked were also closed. This action drew criticism from the National Human Rights Commission because it was considered degrading their human dignity and contrary to existing regulations. [8]
Within the Muslim world, sentiment towards LGBTQ people varies and has varied between societies and individual Muslims, but is contemporarily negative. While colloquial and in many cases de facto official acceptance of at least some homosexual behavior was commonplace in pre-modern periods, later developments, starting from the 19th century, have created a generally hostile environment for LGBTQ people. Most Muslim-majority countries have opposed moves to advance LGBTQ rights and recognition at the United Nations (UN), including within the UN General Assembly and the UN Human Rights Council.
Aceh, officially the Province of Aceh, is the westernmost province of Indonesia. It is located on the northern end of Sumatra island, with Banda Aceh being its capital and largest city. It is bordered by the Indian Ocean to the west, Strait of Malacca to the northeast, as well bordering the province of North Sumatra to the east, its sole land border, and shares maritime borders with Malaysia and Thailand to the east, and Andaman and Nicobar Islands of India to the north. Granted a special autonomous status, Aceh is a religiously conservative territory and the only Indonesian province practicing Sharia law officially. There are ten indigenous ethnic groups in this region, the largest being the Acehnese people, accounting for approximately 70% of the region's population of about 5.5 million people in mid-2023. Its area is comparable to Croatia or Togo.
Rights affecting lesbian, gay, bisexual, transgender and queer (LGBTQ) people vary greatly by country or jurisdiction—encompassing everything from the legal recognition of same-sex marriage to the death penalty for homosexuality.
Opposition to legal rights for lesbian, gay, bisexual, transgender and queer (LGBTQ) people exists throughout the world. LGBTQ rights opponents may be opposed to the decriminalization of homosexuality; laws permitting civil unions or partnerships or supporting LGBT parenting and adoption, LGBT military members, access to assisted reproductive technology, and access to gender-affirming surgery and gender-affirming hormone therapy for transgender individuals.
Lesbian, gay, bisexual, and transgender (LGBTQ) people in Ghana face severe challenges not experienced by non-LGBT residents. Sexual acts between males have been illegal as "unnatural carnal knowledge" in Ghana since the colonial era. The majority of Ghana's population hold anti-LGBT sentiments. Physical and violent homophobic attacks against LGBT people occur, and are often encouraged by the media and religious and political leaders. At times, government officials, such as police, engage in such acts of violence. Young gay people are known to be disowned by their families and communities and evicted from their homes. Families often seek conversion therapy from religious groups when same-sex orientation or non-conforming gender identity is disclosed; such "therapy" is reported to be commonly administered in abusive and inhumane settings.
Lesbian, gay, bisexual, and transgender (LGBTQ) people in the Islamic Emirate of Afghanistan face severe challenges not experienced by non-LGBT residents. Afghan members of the LGBT community are forced to keep their gender identity and sexual orientation secret, in fear of violence and the death penalty. The religious nature of the country has limited any opportunity for public discussion, with any mention of homosexuality and related terms deemed taboo.
The rights of lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Thailand are regarded as some of the most comprehensive of those in Asia. Both male and female same-sex sexual activity are legal. Same sex marriage was signed into law in 2024, and will come into force in January 2025. Thailand was the first Asian UN member state to pass a comprehensive same-sex marriage law, as well as the first in Southeast Asia and the 37th in the world. About eight percent of the Thai population, five million people, are thought to be in the LGBT demographic.
Human rights in Indonesia are defined by the 1945 Constitution and the laws under it; several rights are guaranteed especially as a result of the constitutional amendments following the Reform era. The Ministry of Law and Human Rights deals with human rights issues in the cabinet, and the National Commission on Human Rights, established in Suharto's New Order administration in 1993, is the country's national human rights institution.
Lesbian, gay, bisexual, and transgender (LGBT) people living in Lebanon face discrimination and legal difficulties not experienced by non-LGBT residents. Various courts have ruled that Article 534 of the Lebanese Penal Code, which prohibits having sexual relations that "contradict the laws of nature", should not be used to arrest LGBT people. Nonetheless, the law is still being used to harass and persecute LGBT people through occasional police arrests, in which detainees are sometimes subject to intrusive physical examinations.
Lesbian, gay, bisexual, and transgender (LGBT) people in Nigeria face severe challenges not experienced by non-LGBTQ residents. LGBT rights are generally infringed upon; both male and female expressions of homosexuality are illegal in Nigeria and punishable by up to 14 years of prison in the conventional court system. There is no legal protection for LGBT rights in Nigeria—a largely conservative country of more than 230 million people, split between a mainly Muslim north and a mainly Christian south. Very few LGBT persons are open about their sexual orientation, as violence against them is frequent. According to PinkNews, Nigerian authorities generally target the LGBT community. Many LGBT Nigerians are fleeing to countries with progressive law to seek protection.
Lesbian, gay, bisexual and transgender (LGBT) individuals in the Republic of the Philippines have faced many difficulties in their homeland, such as prejudice, violence, abuse, assault, harassment and other forms of anti-LGBT rhetoric. Many LGBT Filipinos are met with mixed attitudes and reactions by their families, friends and others in their communities, as well as professionals, educators, their national public officials, politicians, attorneys and others working for the government and the rest of the general population.
Lesbian, gay, bisexual, and transgender (LGBT) people in Azerbaijan face significant challenges not experienced by non-LGBTQ residents. Same-sex sexual activity has been legal in Azerbaijan since 1 September 2000. Nonetheless, discrimination on the basis of sexual orientation and gender identity are not banned in the country and same-sex marriage is not recognized.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Angola have seen improvements in the early 21st century. In November 2020, the National Assembly approved a new penal code, which legalised consenting same-sex sexual activity. Additionally, employment discrimination on the basis of sexual orientation has been banned, making Angola one of the few African countries to have such protections for LGBTQ people.
Lesbian, gay, bisexual, and transgender (LGBTQ) people in Bangladesh face widespread social and legal challenges not experienced by non-LGBT people.
Lesbian, gay, bisexual, and transgender (LGBT) people in Malaysia face severe challenges not experienced by non-LGBT residents. Sodomy is a crime in the country, with laws enforced arbitrarily. Extrajudicial murders of LGBT people have also occurred in the country. There are no Malaysian laws that protect the LGBT community against discrimination and hate crimes. As such, the LGBT demographic in the country are hard to ascertain due to widespread fears from being ostracised and prosecuted, including violence.
Lesbian, gay, bisexual, and transgender (LGBT) people in Indonesia face legal challenges and prejudices not experienced by non-LGBTQ residents. Traditional social norms disapprove of homosexuality and gender transitioning, which impacts public policy. Indonesian same-sex couples and households headed by same-sex couples are not eligible for any of the legal protections available to opposite-sex married couples. Most parts of Indonesia do not have a sodomy law, and the country does not currently prohibit non-commercial, private and consensual sexual activity between members of the same-sex, yet there is no specific Indonesian law that protects the LGBT community against discrimination and hate crimes. In Aceh, homosexuality is illegal under Islamic Sharia law and it is punishable by flogging or imprisonment. Indonesia does not recognize same-sex marriage.
Lesbian, gay, bisexual, and transgender (LGBT) people in Brunei face legal challenges not experienced by non-LGBTQ residents. Both male and female expressions of homosexuality are illegal in Brunei. Sexual activity between men is de jure liable to capital punishment, with de facto lesser penalties of imprisonment and whipping applied; sex between women is punishable by caning or imprisonment. The sultanate applied a moratorium on the death penalty in 2019, which was still in effect as of May 2023. The moratorium could be revoked at any time.
Lesbian, gay, bisexual, and transgender (LGBTQ) rights in Nepal have expanded in the 21st century, though much of Nepal's advancements on LGBT rights have come from the judiciary and not the legislature. Same-sex sexual acts have been legal in Nepal since 2007 after a ruling by the Supreme Court of Nepal.
Laws governing lesbian, gay, bisexual, and transgender (LGBT) rights are complex in Asia, and acceptance of LGBTQ persons is generally low. Same-sex sexual activity is outlawed in at least twenty Asian countries. In Afghanistan, Brunei, Iran, Qatar, Saudi Arabia, the United Arab Emirates and Yemen, homosexual activity results in death penalty. In addition, LGBT people also face extrajudicial executions from non-state actors such as the Islamic State of Iraq and the Levant and Hamas in the Gaza Strip. While egalitarian relationships have become more frequent in recent years, they remain rare.
Homosexuality in Indonesia is generally considered a taboo subject by both Indonesian civil society and the government. Public discussion of homosexuality in Indonesia has been inhibited because human sexuality in any form is rarely discussed or depicted openly. Traditional religious mores tend to disapprove of homosexuality and cross-dressing.