LGBT rights in East Timor | |
---|---|
Status | Legal since 1975 [1] |
Gender identity | No |
Military | No |
Discrimination protections | Hate Crime Protections since 2009 [2] |
Family rights | |
Recognition of relationships | No |
Adoption | No |
Lesbian, gay, bisexual, and transgender (LGBT) people in East Timor face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in East Timor, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples. [1]
East Timor and the Philippines are considered as leaders on human rights in Southeast Asia, including LGBT rights, [3] although no legal protections for LGBT citizens have been enacted into law yet. [4] In 2011, the country signed the "joint statement on ending acts of violence and related human rights violations based on sexual orientation and gender identity" at the United Nations, condemning violence and discrimination against LGBT people. [5] In July 2017, just 15 years after independence, the nation's first ever pride march was conducted with the support of the Timorese Government. [6] Among the participants of the pride march were LGBT citizens, nuns, religious ministers, tribal folks, students, and government officials. [7] [8] The event has been held annually ever since.
Same-sex sexual activity has been legal since 1975. [1] The age of consent is 14 regardless of sexual orientation or gender. [9]
There is no legal recognition of same-sex unions in East Timor.
There is no legal protection based on sexual orientation or gender identity. There was a clause against discrimination based on sexual orientation included in the original draft of the Timorese Constitution but it was voted out by 52 out of 88 MPs before the Constitution took effect in 2002. [10]
However, since 2009, bias on the basis of sexual orientation has been considered to be an aggravating circumstance in the case of crimes (alongside ethnicity, gender, religion, disability, etc.). [11]
In April 2019, the Timorese Minister of Legislative Reform and Parliamentary Affairs called for an end to discrimination against LGBT people saying, "Barbaric laws and discriminatory treatment of marginalized groups have to end". Moreover, in response to allegations made in the National Parliament by two MPs, he announced that he would request an official inquiry into allegations of ill-treatment of disabled and LGBT patients at the national hospital in Dili. [12] [13]
The Roman Catholic Church has a strong influence in the country and was the main opponent to the constitutional clause to protect LGBT people from discrimination. In 2002, when the clause was discussed in Parliament, a prominent Christian politician argued there weren't any gay people in Timor-Leste and called homosexuality a "disease". [14] However, in recent years, many LGBT individuals have also found support within the Catholic Church. While the Church has not taken an official stance in support of LGBT rights, many congregations have got involved to support the community. A Catholic nun volunteered to officiate the 2017 Pride parade with a prayer. [15]
Discrimination and violence from family members and the broader society continue to affect LGBT people. [8] A 2017 survey of 57 young lesbian and bisexual women as well as transgender men co-authored by activist Bella Galhos found that 86% of the respondents had experienced both physical and psychological violence, including domestic violence, forced marriages and attempts by family members to change their sexual orientation or gender identity. [16] [12] [13]
LGBT advocacy groups in East Timor include: Hatutan, CODIVA (Coalition on Diversity and Action), and Arco Iris. [17]
On 29 June 2017, the first pride parade in East Timor took place in the capital city of Dili with reportedly 500 people in attendance. [18] A Catholic nun spoke at the beginning of the event. [3] The same week, Prime Minister Rui Maria de Araújo declared that "discrimination, disrespect and abuse towards people because of their sexual orientation or gender identity does not provide any benefit to our nation" and that "every person has the potential to contribute to the development of our nation, including the LGBTQ community", thus becoming the first Southeast Asian leader to publicly support LGBT rights. [3] [19]
Activists continue to speak about violence against LGBT people on a regular basis. [20] [21] In April 2018, the Timorese LGBT organization Hatutan launched a documentary on acceptance of LGBT people within their families, entitled Dalan ba Simu Malu in Tetum (The Road to Acceptance). The launch was attended by former President and former Prime Minister Xanana Gusmão and representatives of several embassies and organizations. [22] [8]
The second pride parade was held on 20 July 2018 in Dili. About 1,500 people participated, three times that of the previous year. The event began with a screening of the aforementioned documentary "Dalan ba Simu Malu", and followed with a march led by a local band who played traditional Timorese resistance songs. [23]
The third pride parade was held on 12 July 2019 in Dili. About 3,000 people participated, double of that of the previous year, and six times the number of people who took part in the first such event in 2017. Minister of Social Solidarity and Inclusion Armanda Berta dos Santos supported the event. President Francisco Guterres released a statement in support of the event, writing "I am a President for all people! I respect everyone! Respect and love tie us as family, as community, as a people. I ask everyone to see diversity as our nation's wealth. Together we strengthen collective power and knowledge. Together we fight for a society which is more just. Together we build a Nation which is full with respect and love to all." [24] [25] [26] [27] Current president supports basic LGBT rights like same-sex civil marriage [28]
In 2017, the United States Department of State reported the following, concerning the status of LGBT rights in East Timor:
Right | Legal status |
---|---|
Same-sex sexual activity legal | (Since 1975) |
Equal age of consent (14) | (Since 1975) |
Anti-discrimination laws in employment only | |
Anti-discrimination laws in the provision of goods and services | |
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech) | |
Hate crime laws include sexual orientation | (Since 2009)[ citation needed ] |
Same-sex marriage | |
Recognition of same-sex couples | |
Stepchild adoption by same-sex couples | |
Joint adoption by same-sex couples | |
LGBT people allowed to serve openly in the military | |
Right to change legal gender | |
Access to IVF for lesbians | |
Commercial surrogacy for gay male couples | |
MSMs allowed to donate blood |
Lesbian, gay, bisexual, and transgender (LGBT) persons in Serbia face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Serbia, and discrimination on the basis of sexual orientation is banned in areas such as employment, education, media, and the provision of goods and services, amongst others. Nevertheless, households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Bosnia and Herzegovina may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Bosnia and Herzegovina. However, households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Cambodia face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Cambodia. Cambodia provides no anti-discrimination protections for LGBT people, nor does it prohibit hate crimes based on sexual orientation and gender identity.
Lesbian, gay, bisexual, and transgender (LGBT) people in Thailand face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Thailand, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples. About eight percent of the Thai population, five million people, are thought to be in the LGBT demographic.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Cyprus face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Cyprus since 1998, and civil unions which grant several of the rights and benefits of marriage have been legal since December 2015. Conversion therapy was banned in Cyprus in May 2023.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Turkey face legal challenges not experienced by non-LGBT residents, though the general climate for LGBT people is considered to be less repressive when compared to most other Muslim-majority countries.
OutRight International (OutRight) is an LGBTIQ human rights non-governmental organization that addresses human rights violations and abuses against lesbian, gay, bisexual, transgender and intersex people. OutRight International documents human rights discrimination and abuses based on their sexual orientation, gender identity, gender expression and sex characteristics in partnership with activists, advocates, media, NGOs and allies on a local, regional, national and international level. OutRight International holds consultative status with ECOSOC.
LGBT people in Azerbaijan face significant challenges not experienced by non-LGBT 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) people in Cape Verde are afforded greater protections than those in many other African countries. Homosexual activity has been legal in Cape Verde since 2004. Additionally, since 2008, employment discrimination on the basis of sexual orientation has been banned, making Cape Verde one of the few African countries to have such protections for LGBT people. Nevertheless, Cape Verde does not recognize same-sex unions or marriages, meaning that same-sex couples may still face legal challenges not experienced by non-LGBT residents. Households headed by same-sex couples are also not eligible for the same legal protections available to opposite-sex couples.
Lesbian, gay, bisexual, and transgender (LGBT) people in Eswatini have limited legal rights. According to Rock of Hope, a Swati LGBT advocacy group, "there is no legislation recognising LGBTIs or protecting the right to a non-heterosexual orientation and gender identity and as a result [LGBT people] cannot be open about their orientation or gender identity for fear of rejection and discrimination". Homosexuality is illegal in Eswatini, though this law is in practice unenforced. According to the 2021 Human Rights Practices Report from the US Department of State, "there has never been an arrest or prosecution for consensual same-sex conduct."
Lesbian, gay, bisexual, and transgender (LGBT) people in Namibia have limited legal protections. Discrimination based on sexual orientation and gender identity is not banned in Namibia, and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Nepal have evolved significantly during the 21st century. In 2007 Nepal repealed the laws against gay sex and introduced several laws which explicitly protected "gender and sexual minorities". The Nepalese Constitution now recognizes LGBT rights as fundamental rights. On 28 June 2023, a single judge bench of Justice Til Prasad Shrestha issued a historic order directing the government to make necessary arrangements to "temporarily register" the marriages of "non-traditional couples and sexual minorities". The government has not responded yet. If Nepal fully legalises same-sex marriage, it will become the first least developed country to legalize same-sex marriage. Nepal has not yet passed a national same-sex marriage law.
Lesbian, gay, bisexual, transgender (LGBT) rights in Kosovo have improved in recent years, most notably with the adoption of the new Constitution, banning discrimination based on sexual orientation. Kosovo remains one of the few Muslim-majority countries where LGBT pride parades are held annually.
Lesbian, gay, bisexual and transgender (LGBT) rights in Laos go unreported and unnoticed. While homosexuality is legal in Laos, it is very difficult to assess the current state of acceptance and violence that LGBT people face because of government interference. Numerous claims have suggested that Laos is one of the most tolerant communist states. Despite such claims, discrimination still exists. Laos provides no anti-discrimination protections for LGBT people, nor does it prohibit hate crimes based on sexual orientation and gender identity. Households headed by same-sex couples are not eligible for any of the rights that opposite-sex married couples enjoy, as neither same-sex marriage nor civil unions are legal.
Lesbian, gay, bisexual and transgender (LGBT) people in Mongolia face legal and social challenges not experienced by non-LGBT people, though there have been substantial improvements since the 1990s. Homosexuality was criminalised in Mongolia in 1961 through its Criminal Code. Following the Mongolian Revolution of 1990 and the peaceful transition to a democracy, homosexuality was legalised and awareness about LGBT people has become more prevalent. Hate crimes on the basis of sexual orientation and gender identity result in additional legal penalties. Hate speech based on these two categories has been outlawed in the country since 1 July 2017. Households headed by same-sex couples are, however, not eligible for the same legal protections available to opposite-sex couples.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Lesotho face legal challenges not experienced by non-LGBT residents. Lesotho does not recognise same-sex marriages or civil unions, nor does it ban discrimination on the basis of sexual orientation or gender identity.
Lesbian, gay, bisexual and transgender (LGBT) people in Micronesia may face challenges not faced by non-LGBT people. Households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples, as same-sex marriage and civil unions are not recognized. Discrimination on the basis of sexual orientation has been illegal since 2018.
Lesbian, gay, bisexual, and transgender (LGBT) people in North Macedonia face discrimination and some legal and social challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity have been legal in North Macedonia since 1996, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.
The following outline offers an overview and guide to LGBT topics.
Bella Galhos is a former East Timorese independence activist during the period of Indonesian occupation of East Timor and has been a translator, presidential advisor, human rights activist and environmentalist since independence in 2002.