The Not a Criminal campaign statement for the International Day against Homophobia, Transphobia, and Biphobia

May 17 is the International Day against Homophobia, Transphobia, and Biphobia (IDAHOBIT) — a day to draw attention to the violence, discrimination and criminalisation experienced by lesbian, gay, bisexual, trans, and intersex people, and all those of diverse sexual orientations, gender identities or expressions, and sex characteristics. 

The Not A Criminal campaign stands in solidarity with LGBTQIA+ people around the world. We celebrate the resilience and strength of LGBTQIA+ communities. We honor the countless activists and advocates who have fought for LGBTQIA+ rights and paved the way for progress. We call for equality, freedom, and justice for all affected by criminalisation.  

Today, we also think about all those who have faced isolation, discrimination, and violence because of their sexual and/or gender diversity. We recognise the intersectional discrimination that LGBTQIA+ people face — including at the intersections of sexuality, gender, race, disability, age, nationality, economic status, religion, and other identities 

We are concerned that the global “anti-gender movement” has grown in scale and visibility over the past decade. They are creating and spreading deliberately misleading information and manipulative, dehumanizing narratives aimed at restricting and retracting LGBTQIA+ rights. Many governments are doing little to counter or limit their influence.  

We are deeply concerned that 60+ countries still criminalise consensual same-sex sexual acts in law, and that six countries permit punishment with the death penalty. Criminalisation places LGBTQIA+ people and transgender people at increased risk of violence and abuse, it increases stigma and discrimination, and results in vastly disproportionate sentences. Criminalisation of same-sex sexual acts, HIV-positive status, sex work, and drug use further obstructs access to social services and healthcare and undermines the HIV response  .  

At this time, we must highlight the retrogressive legislative and law enforcement initiatives being advanced against LGBTQIA+ people in several countries, that have introduced or intend to introduce harsh laws that criminalised homosexuality. We are, however, hopeful to see progressive advancements in countries that have decriminalised consensual same-sex acts, recognises sexuality and gender identities and marriage equality for LGBTQIA+ couples. While conservative and anti-gender movements continue to create division, reinforce stigma, encourage violence, and support criminal punishment for gender and sexual diversity, LGBTQIA+ equality gains continue too.   

On this IDAHOBIT, themed: “No one left behind: equality, freedom and justice for all,” we come together in all our diversity, to support our LGBTQIA+ loved ones, colleagues, and communities.  We pay tribute to the courageous advocacy of grassroots human rights defenders, activists, journalists, and civil society organisations to defend the rights of LGBTQIA+ people worldwide. 

We call on funders, international institutions, and United Nations agencies to support organisations and movements working to counter anti-gender opposition, misinformation, and radicalisation – increase the capacity, safety, and resources to LGBTQIA+ communities and build intersectional cross-movement alliances. We further call on you to leverage your positions of influence to compel governments to decriminalise same-sex sexual acts. 

Finally, we urge countries to decriminalise consensual same-sex relations and to introduce or amend legislation to protect LGBTQIA+ people from all forms of discrimination and increase the safe participation of LGBTQIA+ people in all aspects of our societies including access to HIV prevention. 

We are not criminals. We reaffirm our right to live free from discrimination, violence, and punitive criminal laws. United in our diversity, we will continue to raise awareness and advocate for a world that promotes equality, freedom, justice, and health for all. 

Learn more about IDAHOBIT on www.may17.org  

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Not A Criminal 

The Not a Criminal campaign is a partnership between HIV and Key Populations global networks. The campaign seeks to mobilise multifaceted community action to hold governments, legislators, and policymakers accountable to their global commitments to ensure access to health and respect human rights. Learn more at www.notacriminal.org.