Message from UNAIDS Executive Director Michel Sidibé

GENEVA, 17 May 2014—“To be free is not merely to cast off one’s chains, but to live in a way that respects and enhances the freedom of others.”

Nelson Mandela reminds us that the dignity of each of us can only thrive if we embrace the freedom of all.

We must respect everyone’s freedom to love who they want to and to express who they are. Lesbian, gay, bisexual, transgender and intersex (LGBTI) people have shown immense courage and are sparking a social transformation.

Criminalization of LGBTI people puts entire communities at risk. It keeps those in need of prevention and treatment services out of reach of life-saving interventions.

It is outrageous that in 2014, when we have everything we need to defeat AIDS, we are still fighting prejudice, stigma, active discrimination and homophobic laws in 78 countries around the world.

Not just in the streets, but in courtrooms, classrooms and clinics.

Stigma and discrimination based on sexual orientation and gender identity drive new HIV infections.

We can only be free when we respect the freedom of our LGBTI brothers and sisters.

Let us walk the road to freedom together.

On this International Day against Homophobia and Transphobia, I call on everyone to join the transformation to realize our vision of zero new HIV infections, zero discrimination and zero AIDS-related deaths.

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 to maximize results for the AIDS response. Learn more at unaids.org and connect with us on Facebook and Twitter.

GENEVA, 14 January 2014—UNAIDS and the Global Fund to Fight AIDS, Tuberculosis and Malaria express deep concern that access to HIV services for lesbian, gay, bisexual and transgender (LGBT) people will be severely affected by a new law in Nigeria––further criminalizing LGBT people, organizations and activities as well as people who support them.

The new law could prevent access to essential HIV services for LGBT people who may be at high risk of HIV infection, undermining the success of the Presidential Comprehensive Response Plan for HIV/AIDS which was launched by President Goodluck Jonathan less than a year ago.

The health, development and human rights implications of the new law are potentially far-reaching. Homosexuality is already criminalized in Nigeria. The new law further criminalizes LGBT people, organizations and activities. The law states, “A person who registers, operates or participates in gay clubs, societies and organisation, or directly or indirectly makes public show of same sex amorous relationship in Nigeria commits an offence and is liable to conviction to a term of 10 years imprisonment.” The law also criminalizes any individuals or group of people who support “the registration, operation and sustenance of gay clubs, societies and organisations, processions or meetings in Nigeria.” The conviction is also 10 years imprisonment.

Nigeria has the second largest HIV epidemic globally––in 2012, there were an estimated 3.4 million people living with HIV in Nigeria. In 2010, national HIV prevalence in Nigeria was estimated at 4% among the general population and 17% among men who have sex with men. 

The provisions of the law could lead to increased homophobia, discrimination, denial of HIV services and violence based on real or perceived sexual orientation and gender identity. It could also be used against organizations working to provide HIV prevention and treatment services to LGBT people.

In the 2011 United Nations Political Declaration on HIV/AIDS, all UN Member States committed to removing legal barriers and passing laws to protect populations vulnerable to HIV.

UNAIDS and the Global Fund call for an urgent review of the constitutionality of the law in light of the serious public health and human rights implications and urge Nigeria to put comprehensive measures in place to protect the ongoing delivery of HIV services to LGBT people in Nigeria without fear of arrest or other reprisals. UNAIDS and the Global Fund will continue to work with the Nigerian authorities and civil society organizations to ensure safe access to HIV services for all people in Nigeria.

UNAIDS and the Global Fund urge all governments to protect the human rights of lesbian, gay, bisexual and transgender people, through repealing criminal laws against adult consensual same sex sexual conduct; implementing laws to protect them from violence and discrimination; promoting campaigns that address homophobia and transphobia; and ensuring that adequate health services are provided to address their needs.

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 to maximize results for the AIDS response. Learn more at unaids.org and connect with us on Facebook and Twitter.

GENEVA/NEW DELHI, 12 December 2013—UNAIDS expresses its deep concern that, through its recent decision on the constitutionality of Section 377 of the Indian Penal Code, the Supreme Court of India has re-criminalized adult consensual same sex sexual conduct. In 2009, the Delhi High Court had found unconstitutional the application of the 150-year-old law criminalizing “carnal intercourse against the order of nature” between consenting adults. Now, again in India, gay and other men who have sex with men, lesbian, bisexual and transgender people face the possibility of criminal prosecution.

“The Delhi High Court decision in 2009 had restored dignity for millions of people in India, and was an example of the type of reform we need for supportive legal environments that are necessary for effective national AIDS responses,” said the Executive Director of UNAIDS Michel Sidibé. “We want government and civil society to be able to provide HIV information and services to all people, including gay and other men who have sex with men, lesbian, bisexual and transgender people, and for them to be able to access the services without fear of criminalization.”

The 2009 decision by the Delhi High Court to annul the law was widely considered a milestone against homophobia and towards zero HIV-related discrimination. In the past four years since the law was annulled, there has been a more than 50% increase in the number of sites providing HIV services for gay and other men who have sex with men, as well as transgender people in India.

For the protection of public health and human rights, UNAIDS calls on India and all countries to repeal laws that criminalize adult consensual same sex sexual conduct. Such criminalization hampers HIV responses across the world. These laws not only violate human rights but also make it more difficult to deliver HIV prevention and treatment services to a population which is particularly affected by HIV. On average globally, gay and other men who have sex with men are 13 times more likely than the rest of the population to be living with HIV.

UNAIDS urges all governments to protect the human rights of gay and other men who have sex with men, lesbian, bisexual and transgender people, through repealing criminal laws against adult consensual same sex sexual conduct; implementing laws to protect them from violence and discrimination; promoting campaigns that address homophobia and transphobia; and ensuring that adequate health services are provided to address their needs.

In the 2011 United Nations Political Declaration on HIV/AIDS, all UN Member States committed to removing legal barriers and passing laws to protect vulnerable populations. 

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 to maximize results for the AIDS response. Learn more at unaids.org and connect with us on Facebook and Twitter.

Men who have sex with men have been particularly affected by the AIDS epidemic.  Across the European Union a multi-country survey found that in 2010 around 8% of men who have sex with men were reported to be living with HIV. In 2012, France reported the highest HIV prevalence among men who have sex with men at around 18%, followed by Spain, Greece, Germany, Switzerland, Belgium and Portugal, all with rates well above 10%. The dual stigma and discrimination which continues to surround HIV and homosexuality is one of the barriers preventing people from accessing lifesaving HIV services.

On 6 November leading European policy makers, experts, lesbian, gay, bisexual, transgender and intersex (LGBTI) human rights activists and HIV organizations came together in Brussels to highlight the severe impact of HIV for LGBTI communities in Europe. At the European Parliament hearing “Achieving the right to health of LGBTI people – How can we reverse the crisis of HIV, health and human rights affecting LGBTI people in Europe” the participants discussed ways forward to strengthen rights of people affected by HIV in compliance with the EU Charter on Fundamental Rights.

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Message from UNAIDS Executive Director Michel Sidibé

GENEVA, 17 May 2013—More than 30 years ago, gay men lit the first spark that kindled the world’s response to the AIDS epidemic. Thanks to the audacity and courage of lesbians, gays, bisexuals, and transgender people, we have now seen extraordinary progress against AIDS around the world.

However, stigma and discrimination based on sexual orientation or gender identity still drive new HIV infections and are an obstacle to treatment efforts in every part of the world.

We call on political and community leaders to cast aside discriminatory laws and social practices.

The right to health belongs to everyone. Everyone should have access to HIV prevention, care, treatment and support.

Today and every day, UNAIDS stands with our fellow LGBT brothers and sisters for a world without homophobia and transphobia.

Let us work together to realize our vision: a world with zero new HIV infections, zero discrimination, and zero AIDS-related deaths.

The HIV epidemic in Latin America is mainly concentrated among men who have sex with men (MSM) and transgender persons.
Credit: UNAIDS

The Inter-American Commission on Human Rights (IACHR) has created a specialized technical unit to strengthen its capacity to protect the rights of lesbian, gay, bisexual, trans, and intersex (LGBTI) people in the Americas.

The IACHR is an autonomous body of the Organization of American States (OAS), with a mandate to promote respect for human rights in the region and act as a consultative body to the OAS in this matter.

The specialized unit, created in January 2012, is part of IACHR’s comprehensive approach to promoting the interdependence and indivisibility of all human rights. It takes into account the specific needs of individuals and groups which have been historically the focus of discrimination. Among its functions, the unit analyzes and investigates individual petitions in which violations of human rights of LGBTI are alleged to have been committed by Member States of the OAS.

The HIV epidemic in Latin America is mainly concentrated among men who have sex with men (MSM) and transgender persons. The latter group has reported HIV prevalence rates of 27.6% in Argentina and of 29.6% in Peru in contrast to an estimated HIV prevalence among the general population of 0.5% and 0.4% in both countries respectively.

In addition, the region has experienced an alarming increase in violence and intimidation towards transgender people and MSM. The Inter-American Commission has received information about murders, rapes, and threats against LGBTI people. The Commission agrees that LGBTI persons face serious discrimination both at social and legal level.

UNAIDS has been working closely with the IACHR in recent years. “UNAIDS and the Inter-American Commission established a strategic alliance, based on a set of actions aimed at achieving zero discrimination and violence, with a human rights approach,” commented Víctor Madrigal-Borloz, Principal Specialist at the Inter-American Commission on Human Rights.

The UNAIDS Regional Director for Latin America Dr César Núñez commended the creation of such a specialized unit. He called upon all countries in the region to fully respect the human rights of men who have sex with men, lesbians and transgender people through “enforcing laws to protect them from violence, promoting campaigns that address homophobia and transphobia and ensuring that crucial health needs are met.”

Expert meeting on violence and impunity against LGBTI people

At the end of February 2012 and under the auspices of UNAIDS, the Commission brought together more than 20 independent experts from academia, human rights institutions, civil society, representatives of security forces, the UN and the IACHR to discuss issues around “violence and impunity against lesbians, gays, trans, bisexual and intersex people”.

The expert meeting was the second of six meetings that will contribute to the first ever Hemispheric Report on Sexual Orientation and Gender Identity. Marcela Romero from REDLACTRANS participated in the meeting and highlighted that “trans people, trans women and men in the Americas face social exclusion that keeps them away from health care, employment and justice, increasing their vulnerability to HIV and human rights violations.”

In 2013, the Commission will evaluate the unit's work and will decide whether to create an Office of the Rapporteur on the Rights of LGBTI Persons.