LGBTI community in Myanmar continues to struggle for equality

25 March 2016
LGBTI community in Myanmar continues to struggle for equality
View of a performance during the International Day Against Homophobia and Transphobia celebration at Excel Tower, Yangon, Myanmar, 17 May 2012. Photo: Nyein Chan Naing/EPA

Myanmar’s LGBTI community has called on the present government to make a revision to the law to protect their rights.
In a statement, sent to the office of President Thein Sein last week, representatives of the LGBTI community in Myanmar called on the government to repeal or revise section 377 of the 1861 criminal code, which prohibits same-sex sexual activity, to ensure that the rights of the LGBTI community are protected.
The March 17 statement notes that: “We observe that the government demonstrates a willingness to engage in the UPR [Universal Periodic Review held on 6 November 2015]. However, the Myanmar government did not accept the recommendations made by Australia and Spain to repeal or revise section 377 of the 1861 criminal code to ensure that the rights of the LGBTI community are protected.”
It continues: “We the LGBTI community in Myanmar continue to struggle for equality by Myanmar society and there is no legal protection for our community. LGBTI people in Myanmar are subject to discrimination based on their sexual orientation, gender identity and expression. They are often abused, suffer arbitrary detentions, are sexually assaulted and are victims of violence or state-sponsored discrimination. LGBTI identities are not recognized by society in Myanmar and the government continues to allow local police forces to crack down on transgender and gay people throughout Myanmar. Many transgender women have experienced police abuses and the perpetrators are never held responsible.”
The statement then calls on the government to amend section 377 of the Myanmar Criminal Code to apply only to instances of non-consensual sex; stop abusing Myanmar’s 1945 Police Act to violate the fundamental rights of LGBTI individuals; Stop police operations that target gay people and transgender women, with the objective to detain and ‘educate’ them, even though they have not committed any crime; and provide awareness-raising programs for law enforcement officials on issues related to discrimination against people with diverse sexual orientations, gender identities and expressions.
Same-sex sexual activity is illegal in Myanmar and punishable by fines and imprisonment for ten years to life. Aung San Suu Kyi, who’s Government will take over on 1 April called on the previous Government to decriminalise homosexuality.