Men who have sex with men

UNAIDS welcomes the decriminalisation of same sex relations by Singapore's Parliament

01 December 2022

Responding to the scrapping of the colonial era law which had criminalised gay men, UNAIDS Regional Director for Asia and the Pacific region Taoufik Bakkali said:

“Everyone benefits from decriminalisation. The end of the criminalisation will save lives.

In all countries which have criminalised gay men, it has had the consequence of obstructing access to vital services. Laws which punish consensual same sex relations, as well as contravening the human rights of LGBT people, are a major barrier to improving health outcomes, including in the HIV response. Punitive legislation embeds stigma and discrimination against LGBT people, and  deters LGBT people from seeking healthcare for fear of being denounced to the authorities and facing punishment and detention.

The international momentum to scrap colonial punitive laws will inspire other countries to follow. The evidence is clear: if we are to protect the health of everyone, such harmful laws have no future."

UNAIDS

The Joint United Nations Programme on HIV/AIDS (UNAIDS) leads and inspires the world to achieve its shared vision of zero new HIV infections, zero discrimination and zero AIDS-related deaths. UNAIDS unites the efforts of 11 UN organizations—UNHCR, UNICEF, WFP, UNDP, UNFPA, UNODC, UN Women, ILO, UNESCO, WHO and the World Bank—and works closely with global and national partners towards ending the AIDS epidemic by 2030 as part of the Sustainable Development Goals. Learn more at unaids.org and connect with us on Facebook, Twitter, Instagram and YouTube.

UNAIDS again urges Russia to repeal 'LGBTQ propaganda' law

25 November 2022

Responding to the decision of the Russian Duma to pass a further extension of the so-called “LGBTQ propaganda law”, UNAIDS Executive Director Winnie Byanyima reiterated her deep concern about the damaging consequences of such laws for public health.

“In addition to violating the rights of people to autonomy, dignity and equality, and harming the security and general wellbeing of LGBTQ individuals, this decision will seriously hurt public health. It will undermine Russia’s efforts to end AIDS by 2030. Punitive and restrictive laws increase the risk of acquiring HIV and decrease access to services, reduce the ability of service providers, including peer networks, to provide critical sexual and reproductive health information and services, and increase stigma related to sexual orientation. Such laws make it harder for people to protect their health and that of their communities. We urge the repeal of this harmful law.”

UNAIDS

The Joint United Nations Programme on HIV/AIDS (UNAIDS) leads and inspires the world to achieve its shared vision of zero new HIV infections, zero discrimination and zero AIDS-related deaths. UNAIDS unites the efforts of 11 UN organizations—UNHCR, UNICEF, WFP, UNDP, UNFPA, UNODC, UN Women, ILO, UNESCO, WHO and the World Bank—and works closely with global and national partners towards ending the AIDS epidemic by 2030 as part of the Sustainable Development Goals. Learn more at unaids.org and connect with us on Facebook, Twitter, Instagram and YouTube.

UNAIDS urges Russia to repeal 'LGBTQ propaganda' law

28 October 2022

GENEVA, 29 October 2022—Responding to the statement by the Russian government that it intends to extend the so-called “LGBTQ propaganda” law, UNAIDS Executive Director Winnie Byanyima has joined with UN High Commissioner for Human Rights in expressing deep concern.

“Extension of this law,” said Ms Byanyima, “is a further violation of the rights of people to autonomy, dignity and equality. Not only will it harm the security and general wellbeing of LGBTQ individuals, it will have a serious negative impact on people’s health outcomes. The evidence is clear that punitive and restrictive laws, including those restricting free speech, increase the risk of acquiring HIV and decrease access to services. Such laws reduce the ability of service providers, including peer networks, to provide critical sexual and reproductive health information and services, and increase stigma related to sexual orientation, making it harder for people to protect their health and that of their communities. This will undermine Russia’s efforts to end AIDS by 2030. Our call to the Parliament and Government of Russia is to withdraw these harmful proposals and indeed to repeal the existing law. Stigmatising approaches damage public health, perpetuate pandemics and hurt everyone. Social solidarity, inclusion and protecting every person’s human rights are key to ending AIDS and ensuring health for all.”

UNAIDS

The Joint United Nations Programme on HIV/AIDS (UNAIDS) leads and inspires the world to achieve its shared vision of zero new HIV infections, zero discrimination and zero AIDS-related deaths. UNAIDS unites the efforts of 11 UN organizations—UNHCR, UNICEF, WFP, UNDP, UNFPA, UNODC, UN Women, ILO, UNESCO, WHO and the World Bank—and works closely with global and national partners towards ending the AIDS epidemic by 2030 as part of the Sustainable Development Goals. Learn more at unaids.org and connect with us on Facebook, Twitter, Instagram and YouTube.

Justice is never given, it is won: How Eastern Caribbean activists developed the successful strategy to defeat the laws which criminalised LGBT people.

31 August 2022

For almost 150 years, to be gay in St. Kitts and Nevis was to be criminalised.  What the colonial authorities inhumanely labelled “the abominable crime of buggery” has been part of law, with the effect of punishing, stigmatising, discriminating against and excluding LGBT people for who they are. 

This week the Caribbean nation’s High Court ruled that provisions which criminalize private sexual acts between same-sex partners were unconstitutional; that criminalisation became, immediately, null and void. 

Attorney Nadia Chiesa noted that the St. Kitts and Nevis case set out several constitutional rights contravened by the criminal provisions: the rights to privacy, personal liberty, freedom from discrimination and freedom of expression.  

“The evidence dealt not just with the legal arguments, but the myriad of ways in which the continued existence of these laws affects persons in the community in all of aspects of their lives,” Ms. Chiesa explained.  

The claimants’ evidence spoke to issues commonly affecting members of the LGBT community in St.  Kitts and Nevis.  At the top of the list was “a tendency to avoid sexual health services, including being tested for HIV, for fear of being stigmatized by the health care providers or wider society”.  

“We have had a situation where although HIV programs ought to be focused on key populations including men who have sex with men, there has been either a policy by certain governments not to pursue those approaches, or de facto non action on the part of state authorities responsible for providing services to these communities. That bit of evidence was very important in the case to buttress the legal arguments around discrimination,” explained Veronica Cenac, a St. Lucian attorney and one of the initiative’s leading strategists.   

Now, with the law changed, comes the opportunity to improve a whole range of services. The legal change will save and change lives.  

As activists celebrate, they are also highlighting the importance of reflecting and learning on how success was won, to help inform the efforts of others and to provide insights on the next steps needed in the journey to end stigma and discrimination.  

The strategy that would finally topple the 19th century law was birthed seven years ago. Through this initiative, there was also a successful challenge of the “buggery” law in Antigua and Barbuda last month. Similar cases have been launched in Barbados, Grenada and St. Lucia.  

The approach was inspired by recent Caribbean examples of using judicial review to overturn laws which criminalized lesbian, gay, bisexual and transgender (LGBT) people in Belize, Guyana and Trinidad and Tobago. But, led by the Eastern Caribbean Alliance for Diversity and Equality (ECADE), a consortium of attorneys, civil society groups and human rights trusts refined a distinct plan for taking aim at discriminatory laws in the Eastern Caribbean. 

The ECADE process had three key features.  

First, rather than focus on creating a high profile for the cases in the news, communication efforts were focused on raising awareness and harnessing the wisdom within communities. The team worked to identify strengths and allies, while planning to address potential pitfalls. 

Secondly, the strategy was fundamentally based on institutional strengthening. 

“It was not just about launching cases,” said ECADE Executive Director, Kenita Placide. “It was about building community.”  

One of the claimants in the case was the non-governmental organization St. Kitts and Nevis Alliance for Equality (SKNAFE). SKNAFE Chair, Tynetta McKoy, revealed that the organization is poised to support the next stage of the work: increased public engagement.  

“The majority of community members… know this is a first step and there is a lot of work still to be done around education and public awareness. Coming from the community level, this is a steppingstone. We are ready to keep on going,” she said. 

The third prong of the strategy was the security of litigants and the wider community. ECADE noted the importance of thinking about claimants beyond the case and ensuring they could navigate their regular lives safely, particularly when their names and faces were circulating in the media.  

ECADE highlighted their appreciation for inputs from the Human Dignity Trust, Kaleidoscope Trust, Canadian HIV/AIDS Legal Network, University of the West Indies Rights Advocacy Project (URAP) and Caribbean Vulnerable Communities (CVC) Coalition, amongst others, for contributing in various ways. These included supporting foundational research and offering strategic guidance. 

Ms. Cenac noted that a subsequent phase of the strategy would be focused on encouraging governments to enact protective legislation. This would ensure that the LGBT community and other vulnerable groups are covered by the legal safeguards put in place for other citizens.     

Lead attorney, E. Anthony Ross Q.C., called for Caribbean governments to act proactively to ensure their laws uphold citizens’ constitutionally guaranteed rights. 

Nothing new was created here [in this legal judgement ]. The constitution specifically gives those rights. Attorneys-General should take note. It’s time to look over all laws and bring these discriminatory laws in line.” 

HIV and gay men and who have sex with other men

St Kitts and Nevis becomes the latest country to declare that laws that have criminalized LGBT people are unconstitutional

30 August 2022

GENEVA, 30 August 2022—UNAIDS welcomes a St. Kitts and Nevis High Court ruling that laws criminalizing gay sex are unconstitutional, meaning that they are immediately struck from the legal code. The Court upheld the plaintiffs’ claim that Sections 56 and 57 of the Offences Against the Person Act violated the right to privacy and freedom of expression.

“This landmark ruling is an important step forward in ensuring equality and dignity for the lesbian, gay, bisexual and transgender community in St. Kitts and Nevis and the whole Caribbean,” said Luisa Cabal, UNAIDS Regional Director for Latin America and the Caribbean. “Today, St. Kitts and Nevis joins a growing list of Caribbean nations that have overturned these colonial-era laws that deny people’s human rights and hold back the response to the HIV pandemic. Everyone benefits from decriminalisation.”

Laws that punish consensual same sex relations, in addition to contravening the human rights of LGBT people, are a significant obstacle to improving health outcomes, including in the HIV response. Such laws help to sustain stigma and discrimination against LGBT people and are barriers to LGBT people seeking and receiving healthcare for fear of being punished or detained. Decriminalisation saves and changes lives.

The claim against the government of St. Kitts and Nevis was brought by a citizen, Jamal Jeffers, and the St. Kitts and Nevis Alliance for Equality, with the support of the Eastern Caribbean Alliance for Diversity and Equality. The ruling by the High Court follows a similar High Court decision for Antigua and Barbuda in July. Courts in Belize and Trinidad and Tobago have also repealed sections of their legal codes that criminalized same-sex sexual relations.

There remain seven countries in the Caribbean that criminalize gay sex between consenting adults, all of them former British colonies. They are Barbados, Dominica, Grenada, Guyana, Jamaica, St. Lucia, and St. Vincent and the Grenadines.

“Caribbean civil society is determined, and Caribbean courts are clear. The clock is ticking on these damaging colonial laws,” said Luisa Cabal. “Countries that have still not taken these laws off the books need to do so as a matter of urgency, for the health and human rights of all their people.”

The Court ruling reduces to 68 the number of countries worldwide criminalizing same-sex sexual relations. Earlier this month, Singapore announced that it is repealing legislation that punished gay sex by a prison sentence of up to two years.

UNAIDS

The Joint United Nations Programme on HIV/AIDS (UNAIDS) leads and inspires the world to achieve its shared vision of zero new HIV infections, zero discrimination and zero AIDS-related deaths. UNAIDS unites the efforts of 11 UN organizations—UNHCR, UNICEF, WFP, UNDP, UNFPA, UNODC, UN Women, ILO, UNESCO, WHO and the World Bank—and works closely with global and national partners towards ending the AIDS epidemic by 2030 as part of the Sustainable Development Goals. Learn more at unaids.org and connect with us on Facebook, Twitter, Instagram and YouTube.

Contact

UNAIDS Geneva
Michael Hollingdale
tel. +41 79 500 2119
hollingdalem@unaids.org

HIV and gay men and who have sex with other men

UNAIDS welcomes the repeal of the law that criminalized LGBT people in Singapore

22 August 2022

GENEVA, 22 August 2022—UNAIDS applauds Singapore’s announcement that it will repeal section 377a of the country’s penal code which criminalizes consensual sexual relations between men. The law, which dates back to 1938 when Singapore was under British colonial rule, punishes gay consensual sex by a prison sentence of up to two years.

In his annual policy address speech that included plans to repeal the legislation, Singapore’s Prime Minister, Lee Hsien Loong, said sex between consenting men should not be criminalized and that there was no justification to prosecute people for it, nor to make it a crime. He said that gay people were fellow Singaporeans and that they wanted to live their own lives, participate in the community and contribute fully to Singapore.

“The end of the criminalisation of gay men is wonderful news, both for the lesbian, gay, bisexual and transgender community in Singapore, and for the country as a whole,” said Taoufik Bakkali, UNAIDS Regional Director for Asia and the Pacific region. “UNAIDS welcomes this as a significant step towards respecting the human rights of LGBT people in Singapore and creating a more open, tolerant and inclusive society where people can be who they are and love who they want without fear of being imprisoned. This vital change will save lives and benefit everyone, and will inspire other countries to follow. Other countries should join the growing group of nations who have turned away from criminalisation.”

Laws which punish consensual same sex relations, as well as contravening the human rights of LGBT people, are a major barrier to improving health outcomes, including in the HIV response. Punitive legislation embeds stigma and discrimination against LGBT people, deters LGBT people from seeking healthcare for fear of being denounced to the authorities and facing punishment and detention, and prevents countries from putting policies in place that properly respond to differentiated epidemics among their populations.

Singapore joins a growing list of countries that have recently decriminalized same-sex relations, including Antigua and Barbuda, Botswana, Bhutan and Angola. The change in Singapore will at last reduce the number of countries in which consensual same-sex relations are still criminalized to below 70 countries worldwide. Decriminalisation is not the end point in tackling stigma and exclusion, but is a vital step forward.

UNAIDS

The Joint United Nations Programme on HIV/AIDS (UNAIDS) leads and inspires the world to achieve its shared vision of zero new HIV infections, zero discrimination and zero AIDS-related deaths. UNAIDS unites the efforts of 11 UN organizations—UNHCR, UNICEF, WFP, UNDP, UNFPA, UNODC, UN Women, ILO, UNESCO, WHO and the World Bank—and works closely with global and national partners towards ending the AIDS epidemic by 2030 as part of the Sustainable Development Goals. Learn more at unaids.org and connect with us on Facebook, Twitter, Instagram and YouTube.

Contact

UNAIDS Geneva
Michael Hollingdale
tel. +41 79 500 2119
hollingdalem@unaids.org

HIV and gay men and who have sex with other men

A model for serving key populations from Haiti

16 August 2022

Imagine being widely blamed for tragedies that befall your country. Earthquakes. Hurricanes. Floods.

Now imagine being excluded from disaster response efforts because of this.

Lesbian, gay, bisexual and transgender (LGBT) people in Haiti face profound prejudice. Discrimination often undermines life chances. Education and employment opportunities erode. Even accessing healthcare can be difficult.

Founded in 1999, the SEROvie Foundation pairs health promotion for the LGBT community with human rights advocacy and socioeconomic empowerment. Today the organization operates projects in nine geographical departments.

UNAIDS supports SEROvie to ensure that the needs of key population communities are addressed during disaster responses. This intervention ensures people living with HIV continue to receive HIV treatment and have timely access to aid. Beyond the emergency phase, beneficiaries get support to resume generating incomes and reintegrate into their homes. They also receive psychosocial support to cope with grief and trauma.

In 2016 SEROvie founded the J.C Ménard Clinic in Port au Prince. This clinic serves LGBT people and other key populations including female sex workers and their clients. Here SEROvie has distilled more than two decades' experience in providing health and social support into a complete service package.

With the assistance of several collaborators including the U.S. Agency for International Development (USAID), J.C Ménard offers a range of free-to-user services addressing gender-based violence, stigma and discrimination, family planning and HIV prevention, including PrEP. It also provides HIV, STI and TB treatment and care. 

At the in-house laboratory, technicians manage both diagnostics and treatment monitoring. They track individual journeys from positive test to viral suppression. Over the last year the clinic provided facility-based HIV testing for 6,000 people and supported HIV treatment management for over 1,500 clients. Apart from dispensing patients' medicines, the clinic coordinates with other treatment facilities to ensure there are no stockouts and drugs do not expire.

Social workers conduct individual assessments to determine clients' needs. Psychologist, Darline Armand says the most important moment in her work is the first interaction after someone has been diagnosed.

"They need to feel safe," she says.

Peer Supervisor, Gregory Jacques, explained that the clinic employs both peer education and peer navigation as strategic approaches. Educators engage clients about relationships, risk and safety, providing accurate information. Navigators are themselves people living with HIV who walk others through the treatment and care process.

"The thing that makes a difference is that they know you are just like them," one navigator explains.

In the community room clients learn about health and relationships through fun activities. This is also where they meet for support groups and dialogues.

The Monitoring and Evaluation team measures programme performance with painstaking detail. They track everything from the number of people living with HIV identified through index testing to the number of sensitization sessions conducted with Voodoo priests. Over the past year more than 15,000 people received awareness-raising messages on HIV, GBV, stigma and discrimination from the clinic. Over 1,500 people benefit from comprehensive HIV care and treatment services while more than 1,500 are on PrEP.

Steeve Laguerre, SEROvie's co-founder, reflects on the organization’s journey with both awe and clarity.

"The services we provide are entirely determined by the needs of the people we serve," he says. "We seek funding that aligns with their demands. The work is always client-driven." 

This client-centred approach is valuable for the wider Caribbean. According to the 2022 Global AIDS Update, In Danger, last year four of five new infections in the region were linked to key population communities and their sexual partners. At the same time, most of the funding for regional combination prevention activities with key populations comes from international sources. 

“Community-led strategies for patient care help reduce late diagnosis and loss to follow-up while improving treatment outcomes,” said Dr. Christian Mouala, UNAIDS Country Director for Haiti. “These approaches must be adequately resourced and integrated into the national response.” 

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