The European Parliament adopted a resolution on recent moves to criminalise lesbian, gay, bisexual, transgender and intersex (LGBTI) people.

The resolution was tabled by the S&D, ALDE, Greens/EFA, ECR, and GUE/NGL groups. It noted that as many as 78 countries continue to consider consensual activities between adults of the same sex to be a crime, with 7 providing for the death penalty. Members firmly condemned the adoption of ever more repressive laws against LGBTI people, reiterating that sexual orientation and gender identity were matters falling within the remit of individuals’ right to privacy, as guaranteed by international law and national constitutions. These 78 countries must stop criminalising consensual acts between adults of the same sex.

Members called on the President of Uganda to refrain from signing the Anti-Homosexuality Bill into law and to repeal Section 145 of the Ugandan Penal Code. Similarly, they strongly condemned the signing into law of the Same-Sex Marriage (Prohibition) Bill in Nigeria, which punishes people in a same-sex relationship with up to 14 years’ imprisonment. Parliament called on the President of Nigeria to repeal this law, along with Sections 214 and 217 of the Nigerian Penal Code. The Commission, the European External Action Service (EEAS) and Member States were asked to express their strongest opposition to the three laws in question, and to make it clear that they would have significant implications for the relevant countries’ bilateral relationships with the EU and its Member States.

Parliament went on to ask:

·        the Indian Government to abolish Section 377 of the Indian Penal Code should the Supreme Court fail to review its ruling of December 2013 which re-criminalised homosexuality with terms up to life imprisonment;

·        the Russian authorities to repeal law prohibiting propaganda for ‘non-traditional sexual relations’ in Russia, which is increasing the level of discrimination and violence against LGBTI individuals.

Members called on the Commission, the EEAS and the Member States to:

·        use all existing channels, including bilateral and multilateral forums and the ongoing negotiations for a free trade agreement with India, to voice in the strongest terms their opposition to the criminalisation of LGBTI people;

·        lend all possible assistance to NGOs and human rights defenders, using the Council’s LGBTI Guidelines, the European Instrument for Democracy and Human Rights and other programmes;

·        include an explicit mention of non‑discrimination based on sexual orientation during the next revision of the Cotonou Agreement, as demanded on multiple occasions by Parliament.

Lastly, Parliament recalled that laws criminalising consensual activities between adults of the same sex and the defence of LGBTI people’s human rights represented a major obstacle in the fight against HIV/AIDS, since at-risk groups fear interacting with medical professionals, and contribute to a climate of extreme homophobia and discrimination. These laws would make HIV/AIDS prevention even more difficult in countries with high prevalence rates.