LGBTQ rights in Laos | |
---|---|
Status | Legal |
Discrimination protections | No |
Family rights | |
Recognition of relationships | No |
Adoption | No |
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 LGBTQ people face because of government interference. Numerous claims have suggested that Laos is one of the most tolerant communist states. [1] 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.
A Gallup poll in June 2024 found that Laos was a gay-friendly country and 54% of Laotian thought that their country was a good place to live for gay people. [2]
Same-sex sexual activity is legal in Laos, and is not believed to have ever been criminalized. Having been a former colony of France, Laos never inherited any anti-sodomy laws since the French declared such laws as unconstitutional in 1791. The age of consent is 15, regardless of sexual orientation or gender identity. [3]
Laos does not recognize same-sex marriages, nor any other form of same-sex unions. There are no known debates surrounding the legalization of such unions.
Currently, there are no laws prohibiting discrimination based on sexual orientation, [4] and the national Constitution of Laos does not expressly address sexual orientation or gender identity issues. [5]
On 21 January 2020, at the 35th Session - Universal Periodic Review at UN Human Rights Council, there was the recommendation on The Sexual Orientation and Gender Identity Expression (SOGIE-LGBTI) From H.E Christopher Grima - Ambassador and Permanent Representative of Malta to the United Nations Office in Geneva to the delegation of Lao PDR to: "Continue taking steps to improve the rights of lesbian, gay, bisexual, transgender and intersex persons, particularly by identifying their needs, and consider involving lesbian, gay, bisexual, transgender and intersex representatives in decision-making processes." [6]
In addition, there was a recommendation from H.E Harald Aspelund, Ambassador, Permanent Mission of Iceland to the United Nations in Geneva, to the delegation of Lao PDR to: "Adopt comprehensive anti-discrimination legislation that addresses direct and indirect discrimination and encompasses all the prohibited grounds of discrimination, including sexual orientation and gender identity." [6]
In 2013, the United States Department of State reported that "societal discrimination based on sexual orientation and against persons with HIV/AIDS" was prevalent. [7] LGBT life in Laos has been described as "invisible", though has seen increased visibility in recent years. The Government of Laos has also taken steps in recent years to include gay men and transgender people in its National Strategy And Action Plan for HIV/AIDS prevention.
Theravada Buddhism is the most predominant religion in Laos. LGBT activist Anan Bouapha has stated, "Many people might think that Laos is conservative and extremely close-minded when it comes to LGBT issues. Realistically, our culture and mentality seem to be quite open-minded to people from all walks of life. I have seen many transgender people wearing traditional costumes to temples, attending traditional ceremonies and some gay students expressing [their] identity among [their] peers and teachers." [7]
Non-governmental organizations (NGOs) are permitted to organize and campaign in Laos, but are under constant state-supervision. Phil Robertson, deputy director for Asia at Human Rights Watch, has said, [8] "The Laotian government has never really been very friendly towards NGOs, and has forced them as well as other development partners sent by the UN to cooperate with state-controlled organizations. The Laotian leadership does place much value on transparency or dialogue with civil society." Nevertheless, "Proud To Be Us Laos" (Lao : ພູມໃຈທີ່ເປັນເຮົາ) was founded in 2012 as the country's first LGBT association. Founded by Anan Bouapha (ອານັນ ບົວພາ), then aged 25, the group organized the first LGBT Pride in Laos in June 2012. [9] [10] The group has begun to receive several officials and government members attending their events. [9]
Gay foreigners visiting Laos in the 1990s sometimes reported the existence of a taboo associated with foreigners that made it hard to interact with Laotians, except discreetly at night. The Government of Laos has blocked access to LGBT themed webpages in the past and discussions about LGBT issues in the media are rare, beyond transsexuals who are quite visible in the culture as entertainment. However, it does generally tolerate, or simply ignore, LGBT people unless they campaign for LGBT rights or are judged to be too publicly "immodest or indecent". [11] Tolerance for LGBT people is, as is often the case, stronger in the urban cities than in the rural neighborhoods. In 2014, a decree was issued prohibiting criticism of all government policies. [12]
The Communist Government has allowed certain public health non-governmental organizations to work with the LGBT community. Community Health and Inclusion Association (CHias Laos), formerly known as Lao Positive Health Association (LAOPHA) (Lao : ສະມາຄົມ ສຸຂະພາບຊຸມຊົນ ແລະ ການມີສ່ວນຮ່ວມ), founded in 1999, promotes HIV/AIDS education to many different segments of Lao society, including men who have sex with men.
The first public LGBT Pride in Laos was held in June 2012 on the sports field of the U.S. embassy in Vientiane, with 100 participants; the guests of honor were U.S. Ambassador to Laos Karen Stewart and Dr. Bounpheng Philavong, director of the Center for HIV/AIDS/STI (CHAS) at the Lao Ministry of Health. The event was organized by Laotian and intergovernmental organizations, including the Purple Sky Network, Lao Positive Health Association, Population Services International, the Burnet Institute, Family Health International, the Vientiane Youth Center for Health and Development, and UNFPA. [13]
In 2015, Proud to be Us Laos marked the first International Day Against Homophobia, Transphobia and Biphobia (IDAHOT) in Laos with support from the European Union. [14] Lattavanh Sengdala became the first transgender advocate to appear on national television speaking of her experience as a trans woman in Laos. The IDAHOT celebration was also reported on Lao National Television, a governmental TV channel. [9] [15] In 2016, the European Union again supported the organising of the second IDAHOT celebration, where more diplomatic and civil society partners participated. Proud to be Us Laos also partnered with one of the UK's leading LGBT rights organisation, Stonewall. [15] [16]
In 2017, the British, Australian, American and Canadian embassies, in partnership with Proud to be Us Laos, hosted a reception in Vientiane. Chargé d'Affairs of the Canadian Embassy Lee-Anne Hermann said, "Today, let us unite in this global celebration of diversity and community. A coming together to share experiences and stories to deepen our understanding and appreciation of LGBTI persons and their contributions to society." The event was also attended by some representatives from the Lao Ministry of Foreign Affairs. [17] [18]
In 2018, four more embassies participated in the advocacy campaign, namely France, Germany, Switzerland and Luxembourg. The Australian embassy wrote a Facebook post about LGBT issues in Laos. The U.S. embassy organised a small panel discussion with partners and Lao audience at the American Centre. [19]
IDAHOT 2019 was organised at the Australian embassy in Vientiane on 17 May. The event was attended by 15 embassies, staff from local Lao civil society organizations, international NGOs, and many others. [20]
In August 2019, Anan Bouapha, Founder/President of Proud To Be Us Laos, was named as one of the Grand Marshals of the Montreal Pride along with: LGBTQ+ activist and athlete Val Desjardins, advocate and M. Cuir Montréal 2011 Dany Godbout, author and activist Ma-Nee Chacaby, creator of the trans flag Monica Helms, actor and advocate Wilson Cruz. [21] [22] [23] They were welcomed by Justin Trudeau, Prime Minister of Canada. [24]
On 19 December 2019, "Being LGBT At Work (A STUDY OF LGBTI PERSONS IN THE WORKPLACE IN LAO PDR)", conducted by the Faculty of Law and Political Science at the National University of Laos, the Law and Development Partnership and Proud to Be Us Laos, was officially presented at the Annual Legal Research Forum 2019. [25] Proud to Be Us Laos said in a statement: "Civil society could refer [to it] as data evidence on related laws and policy. It also can be used as [an] advocacy tool with partners from both [the] government, [NGOs] and internationally appropriately." Additionally, the "Pride At Work" Poster Project, a Canada funded project implemented by Proud To Be Us Laos in collaboration with the Faculty of Law and Political Science, was also launched that same day. Several Lao celebrities have expressed support for the project, including Aluna Thavonsouk (well-known Lao singer and former goodwill ambassador of the Food and Agriculture Organization of the United Nations (FAO)), Kai Nangpaya (host of the popular Pineapple Chit-Chat), Inthy Deuansavanh (businessman and founder of the Inthira Group of hotels and restaurants), Dr. Ponsinh Phithavong Boutkaska "Toto" (model and coach for Miss World Laos), Souliyan Lounchantha (head of the Clinical Legal Education Program in Lao PDR at the Faculty of Law and Political Science), and Olam Rasaphonh (prominent transgender activist). The Pride At Work ambassadors participated in a poster shooting and short video project with their personal messages to encourage Lao society "to open their heart and mind to ensure that employment in Laos focuses on people's abilities, competence and merits regardless of their gender, sexual orientation, disability, ethnicity or race."
Same-sex sexual activity legal | (Always legal) |
Equal age of consent (15) | (Always equal) |
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) | |
Same-sex marriages | |
Recognition of same-sex couples | |
Stepchild adoption by same-sex couples | |
Joint adoption by same-sex couples | |
Adoption by single people regardless of sexual orientation | |
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 (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.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Cyprus have evolved in recent years, but LGBTQ people still face legal challenges not experienced by non-LGBT residents. Both male and female expressions of same-sex sexual activity were decriminalised in 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. However, adoption rights in Cyprus are reserved for heterosexual couples only.
Lesbian, gay, bisexual, and transgender (LGBT) people in Albania face legal challenges not experienced by non-LGBT residents, although LGBT people are protected under comprehensive anti-discrimination legislation. Both male and female same-gender sexual activities have been legal in Albania since 1995, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-gender couples, with same-sex unions not being recognized in the country in any form.
Lesbian, gay, bisexual, and transgender (LGBT) people in Armenia face legal and social challenges not experienced by non-LGBT residents, due in part to the lack of laws prohibiting discrimination on the grounds of sexual orientation and gender identity and in part to prevailing negative attitudes about LGBT persons throughout society.
Lesbian, gay, bisexual, and transgender (LGBT) people in Cape Verde are afforded some legal protections, and Cape Verde is considered a gay tolerant country. 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 LGBTQ people.
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) rights in Namibia have expanded in the 21st century, although LGBT people still have limited legal protections. Namibia's colonial-era laws criminalising male homosexuality were historically unenforced, and were overturned by the country's High Court in 2024.
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.
Lesbian, gay, bisexual, and 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 that hold regular pride parades.
Lesbian, gay, bisexual, and transgender (LGBT) people in Guinea-Bissau face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in Guinea-Bissau, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.
The Blue Diamond Society is an LGBT rights organization in Nepal. It was established in 2001 to advocate for change in the existing laws against homosexuality and to advocate for the rights of Nepal's marginalized gay, transgender, and other sexual minority communities. The Blue Diamond Society also aims to educate Nepalese society on proper sexual health, to advocate with local governments for queer minorities, to encourage the artful expression of LGBTQ+ youth, and to document violence against Nepalese queers. Another of its contributions to Nepal's LGBTQ+ communities is to provide care, counseling, and services to victims of HIV/AIDS. The BDS has also recorded various abuses against the community ranging from physical and verbal abuse and discrimination inflicted in workplaces and healthcare facilities.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Vanuatu may face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.
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) people in East Timor face legal challenges not experienced by non-LGBTQ 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.
Lesbian, gay, bisexual, and transgender (LGBT) people in Lesotho face legal challenges not experienced by non-LGBTQ 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 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.
Sexual orientation and gender identity in the Australian military are not considered disqualifying matters in the 21st century, with the Australian Defence Force (ADF) allowing LGBT people to serve openly and access the same entitlements as other personnel. The ban on gay and lesbian personnel was lifted by the Keating government in 1992, with a 2000 study finding no discernible negative impacts on troop morale. In 2009, the First Rudd government introduced equal entitlements to military retirement pensions and superannuation for the domestic partners of LGBTI personnel. Since 2010, transgender personnel may serve openly and may undergo gender transition with ADF support while continuing their military service. LGBTI personnel are also supported by the charity DEFGLIS, the Defence Force Lesbian Gay Bisexual Transgender and Intersex Information Service.
Equal Ground is a non-profit advocacy organization based in Colombo, Sri Lanka, that campaigns for political, social and civilian rights for lesbian, gay, bisexual, transgender (LGBT), intersex and queer individuals. The organization, established in 2004, is one of the first organization in Sri Lanka welcoming and advocating equality for people of all sexual orientations and gender identities.
The following outline offers an overview and guide to LGBTQ topics:
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