LGBTQ Risk Profile: Five Years in Review  

Risk Environment Analysis for LGBTQ Individuals

When examining overall policies and risks factors in countries over the past five years, it is apparent that the threat levels LGBTQ individuals face have remained relatively static though specific threats in some locations have changed. While countries within a region can usually be classified within close ranges of overall risk level, there are no prevalent region-wide trends or movements in terms of significant development of pro-LGBTQ rights and safety nor recession of anti-LGBTQ sentiment. 

For instance, the LGBTQ risk rating for LGBTQ individuals in all African countries is rated between moderate and extreme. Northeastern African and Middle Eastern countries pose the most extreme threats. Central and South America present a predominately moderate threat and Europe maintains an east-west divide of minimal to high threat, respectively.

That said, what can be seen are persistent remnants of colonial-era laws in previously colonized countries. Of the 69 countries that currently criminalize homosexuality, almost two-thirds were previously under British control. The scope of the British Empire and enforcement of somewhat unified criminal codes essentially spread anti-LGBTQ laws and sentiment across Africa and Asia. Remnants of British colonial-era laws can be seen in current legal codes in Singapore, Bangladesh, and Uganda. While anti-LGBTQ sentiment was likely prevalent in other empires during the colonial era – French, Portuguese, etc., they generally did not explicitly criminalize same-sex sexual acts to the same extent and effect as the British Empire.

Maintained and Increasing Threat Levels in Some Countries  

As laws and cultural norms slowly change, high and extreme threats continue for LGBTQ individuals in many countries. Bangladesh poses an extreme and increasing threat environment to LGBTQ individuals and the community despite its proximity to countries with some of the lowest threat environments in Asia. Current Bangladeshi legislation is carried over from the Indian Penal Code (IPC) banning the “unnatural offenses” of same-sex sexual acts, punishable by up to life imprisonment.

Additional laws regarding information sharing are tied to Islamic ideology and have reportedly been used to suppress individuals posting content which is considered to be in violation of the country’s laws, or which negatively impacts widely held religious sentiments. Various independent bodies report that while Section 377 of Bangladesh Penal Code is rarely actively enforced, authorities regularly use the premise of Section 377 of the Penal Code and Section 54 of the Criminal Procedure code, regarding suspicion of criminal activity, to intimidate and harass LGBTQ individuals and groups. 

Perpetrators of anti-LGBTQ harassment and violence rarely face legal consequences. In Europe, LGBTQ exclusion zones in Poland have made headlines since 2019. Despite being symbolic and ideological zones, the widely held anti-LGBTQ sentiment demonstrated across Poland highlights the non-linear progress of LGBTQ rights and acceptance in contemporary social and pollical landscapes. Note, Poland decriminalized homosexuality in 1932, decades before most other European nations.   

Changing political climates are also responsible for worsening anti-LGBTQ laws and sentiments. Social and legal conditions in Afghanistan are almost certain to deteriorate significantly for LGBTQ individuals and the community since the Taliban takeover in August. While legal punishments for same-sex sexual acts under the previous government included imprisonment and potentially death, authorities rarely enforced them.   

Decreasing Threat Levels in Countries That Have Revised Legal Probations and Protections

Various countries in multiple regions have experienced a reduction in risk levels to LGBTQ communities and individuals over the past five years. Several governments have decriminalized same-sex sexual acts.

India has received significant global attention over the past decade for the case to repeal Section 377 of the IPC which criminalized same-sex sexual acts. The IPC was rolled out as a blueprint across other British colonies in the 1860s, many of which maintain a version of section 377 in national criminal codes, including Singapore, Pakistan, Malaysia, Brunei, Myanmar, Bangladesh, and Sri Lanka. Nevertheless, the government legalized same-sex sexual acts in India in 2018.

In the years following, several other countries also legalized or decriminalized same-sex sexual acts, including Angola, Gabon, Botswana, and Bhutan. Sudan, while continuing to criminalize same-sex sexual acts, repealed the death penalty as a form of punishment in July 2020.  

Several countries have also established legal protections for LGBTQ individuals. Angola’s 2021 legal revisions included protections against discrimination based on sexual orientation. Argentina, a leader in passing pro-LGBTQ rights, has this year passed a law establishing a one-percent quota of transgender workers in public sector jobs.

In 2019, India passed a law protecting the rights of transgender individuals. India is unique in that transgender individuals receive greater official protections than the rest of the LGBTQ community due to the presence and rich history of the Hijra community in the country, dating back to pre-colonial India. Globally, the converse is generally true for transgender individuals in terms of government protections and legal recognition compared to cis-gender LGBTQ individuals. 

Importance of Understanding LGBTQ Risks to Ensure Duty of Care Obligations are Met

Steady overall risk levels are not indicative of a completely static threat environment. Effectively, while a country’s legal environment may change, the social environment may worsen or remain relatively unaffected. Alternatively, a shift in social sentiment may precede any legal revision to pro- or anti-LGBTQ policies.

Therefore, while the overall threat environment in a country or region does not usually change often, it is prudent for both travel and risk managers to be aware of the inherent risk posed towards the LGBTQ community in different localities and be aware that those specific threats are subject to change.