LGBT rights in Myanmar

LGBT rights in Myanmar
StatusIllegal since 1886 (as Burma)[1]: 34 
PenaltyUp to 20 years with fines (not enforced)[2]
Gender identityNo
MilitaryNo
Discrimination protectionsNone
Family rights
Recognition of relationshipsNo recognition of same-sex relationships
AdoptionNo

Lesbian, gay, bisexual, and transgender (LGBT) people in Myanmar face severe challenges not experienced by non-LGBT residents. Same-sex sexual activity is illegal and section 377 of Myanmar's Penal Code 1861, enacted in 1886,[1]: 34  subjects same-sex sexual acts (regardless of whether they were consensual or done in private) to a term of imprisonment of up to 20 years in prison.[3] Heterosexual anal intercourse and oral sex are also illegal. Transgender people are subject to police harassment and sexual assault, and their gender identity is not recognised by the state.[4] During the country's long military dictatorship under the authoritarian State Peace and Development Council between 1988 and 2011, it was difficult to obtain accurate information about the legal or social status of LGBT Burmese citizens. Following the 2011–2015 Myanmar political reforms, improvements in media and civil freedoms have allowed LGBT people to gain more visibility and support in the country.[5][6][7] Despite the 2015 electoral victory of the National League for Democracy, which promised improved human rights and whose leader Aung San Suu Kyi had once called for the decriminalisation of homosexuality,[8] there have been no changes to anti-LGBT laws.[4] Nevertheless, LGBT activists have noted a growing climate of societal acceptance and tolerance toward LGBT people, in line with worldwide trends.[2]

  1. ^ a b Han, Enze (3 May 2018). British Colonialism and the Criminalization of Homosexuality. Routledge. ISBN 9781351256186.
  2. ^ a b "Year End Review on LGBT rights". Myanmar Times. 28 June 2019. Archived from the original on 16 July 2019. Retrieved 29 December 2018.
  3. ^ "Penal Code 1861". Burma Code. AsianLII. Retrieved 21 June 2019.
  4. ^ a b Nickerson, James (16 November 2016). "Myanmar's abused, intimidated LGBT people long for acceptance in new era". Reuters UK. Retrieved 9 October 2018.
  5. ^ "Gay subject of documentary warns of continuing rights violations in Myanmar". Mizzima. 18 June 2015. Retrieved 9 October 2018.
  6. ^ McFetridge, Matthew (5 September 2014). "The Outlook for LGBT Rights in Myanmar". The Diplomat. Retrieved 9 October 2018.
  7. ^ Ferrie, Jared (1 February 2018). "LGBT festival opens in Myanmar after first public launch party". Yahoo! Finance. Reuters. Retrieved 9 October 2018.
  8. ^ Roberts, Scott (20 November 2013). "Aung San Suu Kyi: Stigma against HIV and anti-gay laws are costing lives in Burma". PinkNews. PinkNews. Retrieved 20 June 2019.

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