LGBTQ rights in Myanmar | |
|---|---|
 | |
| Legal status | Illegal since 1886 (asBurma)[1]: 34 |
| Penalty | Up to 10 years with fines (unenforced)[2] |
| Gender identity | No |
| Military | No |
| Discrimination protections | No |
| Family rights | |
| Recognition of relationships | No recognition of same-sex relationships |
| Adoption | No |
Lesbian, gay, bisexual, and transgender (LGBT) people inMyanmar face severe challenges not experienced by non-LGBT residents. Same-sex sexual activity isillegal andsection 377 ofMyanmar's Penal Code 1861, enacted in 1886,[1]: 34 subjectssame-sex sexual acts (regardless of whether they were consensual or done in private) to a term ofimprisonment of up to 10 years in prison.[3] Heterosexualanal intercourse andoral sex are also illegal. Transgender people are subject to police harassment and sexual assault, and theirgender identity is not recognised by the state.[4] During the country's long military dictatorship under the authoritarianState Peace and Development Council between 1988 and 2011, it was difficult to obtain accurate information about the legal or social status of LGBTBurmese citizens. Following the2011–2015 Myanmar political reforms, improvements in media and civil freedoms have allowedLGBTQ people to gain more visibility and support in the country.[5][6][7] Despite the2015 electoral victory of theNational League for Democracy, which promised improved human rights and whose leaderAung 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]
Section 377 of thePenal Code prohibitssodomy, whether heterosexual or homosexual. Alongside fines, the prescribed punishment is up to 10 years, although the law has not been strictly enforced.[9] In 2001, an exile group, theAll Burma Students' Democratic Front, voted to have the law repealed. This was seen as a victory by the Committee for Lesbigay Rights in Burma, although such a change was considered unlikely to occur given the prevailing political climate against change.[10] In 2013, then-Opposition leaderAung San Suu Kyi called on the country to decriminalise homosexuality, stating that it was hampering efforts to combatHIV in Myanmar.[8] After her party came to power in 2015, it did not change the laws.[4]
LGBT people are also targeted under the "shadow law" or "darkness law" in section 35(c) of thePolice Act (Burmese:၁၉၄၅ ခုနှစ်၊ ရဲအက်ဥပဒေ), which allows police to detain anyone they consider behaving suspiciously after sunset.[4][6][9] In November 2018, gay activistAung Myo Htut, also knows as "Addy Chen" was arrested under the country's sodomy law.[11]
Other provisions of the Penal Code can also be used against LGBT people:[12]
Myanmar does not recognisesame-sex marriages orcivil unions.[14] In 2014, a Burmese same-sex couple drew widespread media attention for holding an unofficial wedding ceremony after having lived together for 10 years.[14][6] It also triggered a backlash from social conservatives, who queried why the anti-homosexuality laws were not being enforced against them.[15]
Myanmar does not allow transgender people to change the gender assigned to them at birth.[16] Transgender people in Myanmar are subject to rape, mistreatment, or extortion by police,[16] and are often targeted using the "shadow law" in section 35(c) of thePolice Act.[9] Generally, there are only three "respectable" career options open to transgender Burmese: beautician, fashion designer, ornat kadaw ("spirit wife" or spirit medium).[17] As anat kadaw, transgender Burmese people can be afforded respect and veneration otherwise denied to them by Burmese society.[17]
Occult is a local term for the transgender community in Myanmar.[18]
Myanmar does not have any enforceable legal protections against discrimination based on sexual orientation or gender identity. Although certain policies mention sexual orientation, these are either symbolic or limited in scope and do not constitute civil rights protections.
For example, the 2019 Child Rights Law includes a non-discrimination clause referencing sexual orientation, but it applies only to children and lacks mechanisms for enforcement. The 2020 MRTV Broadcasting Guidelines encourage avoiding discriminatory media portrayals, but they are non-binding and have no legal penalties. Similarly, the 2022 Gender Policy on Sexual and Reproductive Health and Rights includes LGBT individuals as a vulnerable group in the context of healthcare delivery, but this is a planning document, not enforceable law.[19]
Same-sex sexual activity remains criminalized under Section 377 of the Penal Code, and LGBT individuals face arrest, police abuse, and societal discrimination without legal recourse.[20][21]
During the military regime, no organised LGBT political or social life was able to exist. Burma's social mores about human sexuality have been described as being "extremely conservative".[22] Gay men are stigmatised, especially if they are living with HIV/AIDS.[6] In the local Buddhist tradition, those born LGBT are perceived as facing punishment for sins committed in a past life.[23][24]
A poll in 2020 found that 74% of Burmese people agreed that being LGBT should be legal (23% disagreed) and 81% agreed that "LGBT people deserve equality and equal treatment just like anyone else in Myanmar" (12% disagreed).[25]
Historically, the combination of official homophobia, limited public awareness, and lack of community role models have rendered LGBT people invisible in Burmese society.[26]
Aung Myo Min is an openly gay man and has been involved in theAll Burma Students Democratic Front (ABSDF). In 2005, he talked about his coming out process and thehomophobia that exists, even with the pro-democracy opposition.[27] Today, he is involved with exile Burma human rights organisations, including theCampaign for Lesbigay Rights in Burma.
Equality Myanmar (Burmese:ညီမျှခြင်း မြန်မာ) was founded in 2000 "with the goal of empowering the people of Myanmar through human rights education to engage in social transformation and promote a culture of human rights."
In late June 2019, a young gay man, Kyaw Zin Win, working as a librarian at the Myanmar Imperial University inYangon, died by suicide after continuous harassment and bullying from colleagues. More than 600 people attended his funeral, and a rainbow flag was wrapped around his coffin. The university has launched an investigation into the matter and has suspended three staff members. The Myanmar National Human Rights Commission (Burmese:မြန်မာနိုင်ငံ အမျိုးသားလူ့အခွင့်အရေး ကော်မရှင်) has launched a separate investigation and has called for the enactment of anti-discrimination provisions.PinkNews reported that the issue had "prompted a national conversation" on LGBT issues in the country.[28][29][30]
Despite their criminalisation, LGBT people have become more visible in Burma, especially afterpolitical reforms.[31] Gay and lesbian couples freely cohabit in major cities likeYangon andMandalay, though they are not legally allowed to marry. The increased media freedom has also allowed journalists to report on the gay and lesbian community.[32] Same-sex couples have also been able to celebrate ceremonial marriages in major cities without any legal persecution.[33]
In 2003,FocusAsia (Star TV) aired a story about thenat kadaws. The "Utopia Guide to Cambodia, Laos, Myanmar & Vietnam" references "transgender shaman channeling spirits at Myanmar sacred festivals."[34]
In 2016,The Gemini was released and became the first LGBT film in thecinema of Myanmar. The film openly railed against the Burmese homosexuality laws.[35][36]
Burma celebrated its first gay pride in several cities around the country in 2012, to mark theInternational Day Against Homophobia, Biphobia and Transphobia.[37] In 2018, officials gave permission for a public pride party. Almost 6,000 people showed up to the event, a rise from previous times.[38] The number rose further to 10,000 the next day.[39]
| Same-sex sexual activity legal |  (Penalty: Up to 10 years in prison with fines, unenforced)[2] |
| Equal age of consent | |
| 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 | |
| Step-child adoption by same-sex couples | |
| Joint adoption by same-sex couples | |
| Gays and lesbians 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 |  |
Certain countries have their own local terms for the transsexual community, for example,hijras in India,kathoeys in Thailand,warias in Indonesia andoccult in Myanmar (Burma).
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{{cite web}}: CS1 maint: bot: original URL status unknown (link)| Sovereign states |
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| States with limited recognition | |
| Dependencies and other territories | |
