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Saturday, July 09, 2011

SECP -Abdul Rehman Qureshi [Sailor to sink Titanic]

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 SECP officials question impartiality of inquiry committee

Officials in the Securities and Exchange Commission of Pakistan (SECP) have expressed concerns over impartiality and fairness of an inquiry committee constituted by the prime minister to look into allegations of corruption against the top official of the commission.
Officials in the SECP and stakeholders have expressed concerns regarding impartiality of the inquiry committee as even before initiation of the inquiry proceedings, the inquiry committee had expressed full confidence in Salman Sheikh, Chairman, SECP, who is facing corruption charges.According to the minutes of the SECP Policy Board meeting held last month and made available to The News, the members, who also include the members of the inquiry committee, expressed concern over the ongoing situation, which had arisen out in the commission.It was pointed out that various kinds of communications were frequently being received by them from Commissioner Legal Tariq Husain, wherein he raised issues directly to the higher authorities and the members of the Policy Board.The Policy Board members, including those who are the members of the inquiry committee constituted expressed their full confidence in the chairman.Some SECP officials said that impartiality of the committee and transparency had become questionable as even before the initiation of the proceedings it had morally acquitted the SECP chairman.The inquiry committee consists of Ismail Qureshi, Secretary, Establishment; Nuzrat Bashir, Additional Secretary, Finance; and Munawwar Hamid, Member Policy Board. Additionally, the committee has been allowed to co-opt another member from the Law and Justice Division.The commissioner legal had expressed his reservations on the constitution of the committee, the minutes of the meeting said. He had raised lack of confidence in the chairman of the inquiry committee, who is said to be a relative of Abdul Rahman Qureshi, Secretary, SECP. In his letter dated February 17, 2010, the commissioner legal had alleged that Salman Sheikh was assisted by some senior officers of the commission, especially Qureshi in his acts of misfeasance.The commissioner legal also expressed no confidence in Munawwar Hamid, who is said to be a personal friend of the SECP chairman.The board meeting expressed full confidence in the SECP chairman and, in fact, expressed their concerns at the fact that the law commissioner is writing directly to the board and higher authorities, according to the minutes of the meeting.The majority of the Policy Board members whose fairness has become questionable agreed to take away the security of the tenure available to the commissioners and give unlimited number of terms to the SECP chairman. The question that arises is, if these persons have already expressed their full confidence in the chairman before even start of the inquiry proceedings, what is the object of inquiring into the allegations. The outcome of the inquiry seems to be predetermined and the proceedings are designed to be a whitewash. In fact, it appears that instead of the chairman, it is the commissioner who may be made an example for blowing the whistle, a senior official in the Finance Ministry said on the condition of anonymity.The ministry officials and the SECP stakeholders were of the view that the prime minister either order a judicial inquiry not only to look into the allegations against the chairman, but also to inquire into this attempt to cover up the frauds brought to light by the commissioner legal, or the Supreme Court should take suo motu notice of this issue.

Courtesy : The News...

NAVEED INAM CHEEMA Vs SECURITIES & EXCHANGE COMMISSION OF PAKISTAN

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Review Petition under Article 188 of the Constitution of Islamic Republic of Pakistan, 1973 read with Order XXVI Rule 1 of the Pakistan Supreme Court Rules, 1980 for Review of the Judgement dated 28.04.2008 passed by this August Court in Civil Appeal No.306/2009:

  1. The Petitioner was serving as Deputy Registrar of Companies in the Corporate Law Authority. The Petitioner was appointed through the Federal Public Service Commission and in the FPSC Examination the Petitioner had topped the list. The Petitioner was the senior mist Deputy Registrar.
  2. That under Section 43 of the Securities and Exchange Commission Act, 1997 (the Act), the Corporate Law Authority was dissolved. Section 43(e) of the Act provided that no employee of the Authority shall have any right of lien to appointment to any post in the Commission and Section 43(f) provided that any person referred to clause (e) who is appointed in the Commission shall have the option either to remain a civil servant or to be an employee of the Commission and clause (h) of this Section provided that a person referred to in clause (e) who is not appointed by the Commission shall continue to draw his pay, allowances, privileges or other benefits as he was drawing while holding the post in Authority and unless sooner he is appointed by the Federal Government to another post, the cost of paying salary, allowances and other benefits to such person shall be borne by the Commission.
  3. That the Commission selected the persons of its choice through a pick and choose policy and appointed them as the employees  of the Commission, whereas the Petitioner was not appointed. The service of the Petitioner was declared surplus vide order dated 01.05.2000 and also a corrigendum was issued on 11.05.2000. The Petitioner challenged the letters whereby he was declared surplus through Writ Petition No.17807/2000, which was allowed vide judgement dated 23.01.2001 and the above mentioned letters were declared to have been issued without lawful authority.
  4. That the Commission challenged the judgement dated 23.01.2001 in the Supreme Court through CPLA No.448/2001. this Petition was dismissed vide order dated 27.04.2001 passed by the Honourable Supreme Court of Pakistan. It was held in this judgement that when the impugned letter were issued the Commission was not properly constituted and therefore, the letters dated 01.05.2000 and 11.05.20001 were coram non judice. It was also held that the Petitioner continued to serve the Commission in various capacities and during his service he was nominated for higher education and training and as such an impression was given to him that he has been taken over in employment of the Commission. After serving the Commission for about one and half year, the impugned letters was issued, hence the Petition was dismissed and the leave was refused.
  5. That after the judgement of the Honourable Supreme Court dated 27.04.2001, the Commission issued a letter to the Petitioner on 11.07.2001 stating reasons as to why the Commission was not satisfied to offer the Petitioner appointment as its employee and the Petitioner was asked to submit reply to the said letter and was promised a personal hearing. However, the Petitioner did not appeared before the Committee constituted for deciding about his employment and therefore, vide order dated 01.08.2001, the Petitioner was informed that he cannot be taken into the employment of the Commission. The Petitioner alongwith Muhammad Ashraf Gondal, challenged this order through Writ Petition No.20166/2001 in the Lahore High Court, Lahore and vide judgement dated 09.04.2002 this Writ Petition was dismissed to the extent of the Petitioner but was accepted with respect to Muhammad Ashraf Gondal. The Commission being aggrieved of the judgement in favour of Muhammad Ashraf Gondal filed an ICA in the Lahore High Court. Both the ICAs were heard together and vide judgment dated 13.05.2003, through the consent of all the parties the ICAs were decided and it was directed that the Committee constituted by the Commission shall reconsider the cases of the Petitioner and Muhammad Ashraf Gondal after they filed replies to the reasons given by the Commission.
  6. That in compliance with the order of the High Court in the ICA, the Commission gave a personal hearing to the Petitioner and vide order dated 22.07.2003 held that the Petitioner is not suitable for employment in the Commission and that he will remain available in the surplus pool.
  7. That agains the order of the Commission dated 22.07.2003, the Petitioner along with Muhammad Ashraf Gondal filed Writ Petition No.2927 of 2003 in Lahore High Court,Rawalpindi Bench, Rawalpindi. this Writ Petition was accepted vide judgement dated 22.12.2003 and it was held that the impugned order has been passed in violation and by ignoring the vital observations of the Honouable Supreme Court of Pakistan in its judgement dated 27.04.2001and the Writ Petition is allowed and the impugned order is set aside being without lawful authority.
  8. The aggrieved of the judgment dated27.12.2003, the Commission filed ICA No.11 of 2004 in the Lahore High Court, Rawalpindi Bench, from where it was transferred to the Islamabad High Court, which High Court in the meantime had been established.
  9. That the ICA No.11 of 2004 came up for hearing in the Islamabad High Court on 22.12.2008, which was dismissed vide judgment dated 22.12.2008.
  10. That against the judgment dated 22.12.2008 the Commission filed Petition for leave to appeal and leave was granted and the petition was converted into Civil Appeal No.306 of 2009. Similarly another appeal on the same subject Appeal No.305 of 2009 was clubbed with Appeal No.306 of 2009 and both the appeals were accepted vide consolidated judgment 28.04.2010 passed by this August Court.
  11. That the Petitioner seeks review of the judgment dated 28.04.2010, inter alia on the grounds.
Grounds:
  • That it may graciously be appreciated that an error has occurred in the impugned judgment by holding that the Writ Petition file by the Petitioner was not maintainable in view of Article 212(3) of the Constitution of Islamic Republic of Pakistan, because the Petitioner is a civil servant. It is respectfully submitted that the case of the Petitioner for retention in the service of the Commission did not relate to his terms and conditions of service as a civil servant and therefore, the Petitioner could not have approached the Federal Service Tribunal for the redress of his grievance. In fact it was held in the judgment dated 09.04.2002 passed by his Lordship of Moulvi Anwar ul Haq in Writ Petition No.20166/2001 that bar of Article 212(3) of the Constitution, the matter does not pertain to any of the terms and conditions of service stated in the Servant Act, 1973 read with provision of Service Tribunal Act, 1973. The Petitioner could not have approached the Service Tribunal for redress of his grievance, also for the reason that the Securities and Exchange Commission of Pakistan does not fall within the jurisdiction of Federal Service Tribunal.
  • That in the impugned judgment it has also been observed by this August Court that the learned Division Bench of Islamabad High Court, while passing the impugned order for dismissal of ICAs has rightly observed that even the Writ Petitions file the Respondent No.1 before the Lahore High Court were not maintainable in terms of Section 34 of the Act, which observation is correct and thus without exception. It is most humbly submitted that this observation of the learned High Court relates to what is known as "alternate remedy". It has been held by all the superior courts that High Court will not entertain a constitutional jurisdiction of High Court but is a rule by which court regulates its jurisdiction. The existence of the remedy under Section 34 of the Act was definitely not adequate and prompt and therefore, it was not a bar to filing of the Writ Petition under Article 199 of the Constitution. Hence an error has occurred in the impugned judgment which needs to be reviewed. it may also kindly be appreciated that the matter went up before the Honourable Lahore High Court and the question was never raised that the Writ Petitions are not maintainable. Also the matter went up to this August Court in a Petition for leave to appeal and the objection was never raised that the Writ Petition is not maintainable. Similarly, the case went up to the Lahore High Court in Intra Court Appeals, which were decided with consent of the parties, but the question was never raised that the Writ by the Petitioner was not maintainable. Hence, at this very late stage if it is held that the Writ was not maintainable, the Petitioner would be left without any remedy even though in the impugned judgment this August Court has held that it is open to the Petitioner to follow any other remedy.
  • It is therefore respectfully prayed that this August Court may be pleased to accept this Review Petition and the judgment dated 28.04.2010 by this August Court in Civil Appeal No.306/2009 may graciously be Reviews and set aside and the judgment dated 22.12.2003 passed by the Lahore High Court may be restored.
  • Any other relief deemed fit and proper in the circumstances of this case may also be awarded to the Petitioner.
The above said extracts of petition filed by Mr. Naveed Inam Cheema and Muhammad Ashfraf Gonda. The below is extract from the judgment made by Honourable Justice Anwar Zaheer Jamali in Civil Appeal No.305 & 306 of 2009 dated 28.04.2010 and it can be easily seen that Abdul Rehman Qureshi plays its malafied role:

5. Impugned order dated 30th July, 2001 was passed by four Commissioners namely, Tariq Iqbal Khan, Abdul Rehman Qureshi, N.M Shahani, M. Zafar-ul-Haq Hijazi and not by commission, as contended by the learned counsel for the appellant.

Abdul Rehman Qureshi foxfully used section 43 for himself to be remain in SECP as well as the same section as axe had been used to fire his opponents.

Since, it has been established fact that the said Abdul Rehman Qureshi is a relative of former Establishment Eecretary Ismail Qureshi, Abdul Rehman Qureshi has always been grabbed powers of his choices. The journey of Abdul Rehman Qureshi starts from Assistant Registrar of Companies to Acting Chairman of erstwhile CLA, Sectary of Policy Board of SECP and Legal Advisor to SECP (whereas he is not a professional lawyer as required by the Securities and Exchange Commission of Pakistan, Act, 1997).

It has been established fact that apart of his kinship with Ex-Secretary Establishment, Government of Pakistan, he has also been working as a watchdog to the interests of federal and provincial bureaucracy who, covertly, are running their business through private limited companies. It is believed that Abdul Rehman Qureshi has strong networking neighborhood to protect himself by using black mailing tactics.

Monday, July 04, 2011

Pakistan's first gay pride celebration sparks online debate - Hindustan Times

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Pakistan's first gay pride celebration sparks online debate - Hindustan Times

The statistics of legislation worldwide

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LGBT rights in: Same-sex sexual activity Recognition of same-sex relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (Sexual orientation) Laws concerning gender identity/expression
Algeria Algeria No Illegal (Penalty: Fine - up to 2 years prison)[11] No No No Unknown No Unknown
Egypt Egypt No Not specifically outlawed, other laws may apply[11] No No No No No Unknown
Libya Libya No Illegal (Penalty: up to 5 years prison).[11] No No No Unknown No No
Morocco Morocco (incl. Western Sahara) No Illegal (Penalty: up to 3 years) No No No Unknown No Unknown
Sudan Sudan No Illegal (Penalty: 5 years up to death penalty.) No No No No No No
Tunisia Tunisia No Illegal (Penalty: Fine - 3 years) No No No Unknown No Unknown

Western Africa

LGBT rights in: Same-sex sexual activity Recognition of same-sex relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (Sexual orientation) Laws concerning gender identity/expression
Benin Benin Yes Legal[11] No No No Unknown No Unknown
Burkina Faso Burkina Faso Yes Legal[11] No No No Unknown No Unknown
Cape Verde Cape Verde Yes Legal since 2004[11]
+ UN decl. sign.
No No No Unknown No Unknown
Côte d'Ivoire Côte d'Ivoire Yes Legal[11] No No No Unknown No Unknown
The Gambia Gambia No Illegal (Penalty: up to 14 years[12]) No No No Unknown No Unknown
Ghana Ghana No Male illegal
YesFemale legal[11]
No No No Unknown No Unknown
Guinea Guinea No Illegal (Penalty: 6 months to 3 years prison)[11] No No No Unknown No Unknown
Guinea-Bissau Guinea-Bissau Yes Legal[11]
+ UN decl. sign.
No No No Unknown No Unknown
Liberia Liberia No Illegal (Penalty: Fine) No No No Unknown No Unknown
Mali Mali Yes Legal[11] No No No Unknown No Unknown
Mauritania Mauritania No Illegal (Penalty: Death penalty) No No No Unknown No Unknown
Niger Niger Yes Legal[11] No No No Unknown No Unknown
Nigeria Nigeria No Male illegal
No Female illegal in areas under Sharia
Yes Female legal in areas not under Sharia.
No No No Unknown No Unknown
Senegal Senegal No Illegal (Penalty: 1 month to 5 years prison)
No No Unknown No Unknown
Sierra Leone Sierra Leone No Male illegal
Yes Female legal[11]
No No No Unknown No Unknown
Togo Togo No Illegal No No No Unknown No Unknown

Middle Africa

LGBT rights in: Same-sex sexual activity Recognition of same-sex relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (Sexual orientation) Laws concerning gender identity/expression
Angola Angola No Not specifically outlawed, other laws may apply (Penalty: Labour camps for habitual offenders).[11] No No No Unknown No Unknown
Ascension Island Ascension Island Yes Legal[11] Unknown No No Yes Yes (as part of the Military of the United Kingdom) Unknown Unknown
Cameroon Cameroon No Illegal (Penalty: Fine to 5 years prison) No No No Unknown No Unknown
Central African Republic Central African Republic Yes Legal[11]
+ UN decl. sign.
No No No Unknown No Unknown
Chad Chad Yes Legal since 1967 No No No Unknown No Unknown
Democratic Republic of the Congo Democratic Republic of the Congo (formerly Zaire) Yes Legal[11] No No Constitutional ban since 2005 No Unknown No Unknown
Equatorial Guinea Equatorial Guinea Yes Legal[11] No No No Unknown No Unknown
Gabon Gabon Yes Legal[11]
+ UN decl. sign.
No No No Unknown No Unknown
Republic of the Congo Republic of the Congo Yes Legal[11] No No No Unknown No Unknown
Saint Helena Saint Helena Yes Legal[11] Unknown No No Yes (as part of the Military of the United Kingdom) Unknown Unknown
São Tomé and Príncipe São Tomé and Príncipe No Illegal[11]
+ UN decl. sign. (proposed to be legalised by 1 July 2011 under a new Criminal Code)[1]
No No No Unknown No Unknown

Eastern Africa

LGBT rights in: Same-sex sexual activity Recognition of same-sex relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (Sexual orientation) Laws concerning gender identity/expression
Burundi Burundi No Illegal since 2009[13] No No Constitutional ban since 2005 No Unknown No Unknown
Comoros Comoros No Illegal[11] No No No Unknown No Unknown
Djibouti Djibouti Unclear[11] No No No Unknown No Unknown
Eritrea Eritrea No Illegal[11] No No No Unknown No Unknown
Ethiopia Ethiopia No Illegal[11]
No No Unknown No Unknown
Kenya Kenya No Male illegal (Penalty: up to 14 years)
Yes Female currently legal, but the Prime Minister has recently called for the arrest of lesbians as well as gay men[14]
No No Constitutional ban in Article 45 since 2010[15] No Unknown No Unknown
Madagascar Madagascar Yes Legal No No No Unknown No Unknown
Malawi Malawi No Male illegal
Yes Female legal[11]
No No No Unknown No Unknown
Mauritius Mauritius No Male illegal
Yes Female legal (national debate over repeal of the law).[11][16]
+ UN decl. sign.
No No No Unknown Yes Bans some anti-gay discrimination[17] Unknown
Mozambique Mozambique Yes Legal[18] No No No Unknown Yes Bans some anti-gay discrimination[17] Unknown
Réunion Réunion (Overseas department of France) Yes Legal since 1791 Yes Pacte civil de solidarité
since 1999
No No Single gay persons may adopt Yes Yes Bans some anti-gay discrimination Unknown
Rwanda Rwanda Yes Legal[11] No No Constitutional ban in Article 26 since 2003 No Unknown No Unknown
Seychelles Seychelles No Male illegal
Yes Female legal
No No No Unknown No Unknown
Somalia Somalia No Illegal[11] No No No No Unknown
Uganda Uganda No Illegal No No Constitutional ban since 2005 No No No No
Tanzania Tanzania No Illegal (Penalty: up to life imprisonment)[11] No No No Unknown No Unknown
Zambia Zambia No Male illegal (Penalty: up to 14 years)
Yes Female legal[11]
No No No Unknown No Unknown
Zimbabwe Zimbabwe No Male illegal
Yes Female legal[11]
No No No Unknown No Unknown

Southern Africa

LGBT rights in: Same-sex sexual activity Recognition of same-sex relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (Sexual orientation) Laws concerning gender identity/expression
Botswana Botswana No Illegal (Penalty: Fine - 7 years) No No No Unknown No Unknown
Lesotho Lesotho No Male illegal
Yes Female legal[11]
No No No Unknown No Unknown
Namibia Namibia No Illegal (not enforced)[11][19] No No No Unknown No Unknown
South Africa South Africa Yes Legal since 1994 Yes Unregistered partnerships recognized for various specific purposes by laws and judgments since 1994; same-sex marriage legal since 2006 Yes Legal since 2006 Yes Legal since 2002 Yes Yes Bans all anti-gay discrimination, by constitution and statute; specific laws also ban discrimination in employment and housing Yes Since 2003, legal sex can be changed after surgical or medical treatment; "sex" and "gender" are distinct protected classes
Swaziland Swaziland No Male illegal
Yes Female legal. Pending law includes outlawing lesbian sex conduct.[11]
No No No Unknown No Unknown

Partially recognised states

LGBT rights in: Same-sex sexual activity Recognition of same-sex relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (sexual orientation) Laws concerning gender identity/expression
Western Sahara Western Sahara (80% controlled by Morocco) No Illegal (Penalty: up to 3 years prison) No No No No No No
Somaliland Somaliland No Illegal (Penalty: expulsion from country, prison - up to life, in various regions and districts; death penalty) No No No No No

The Americas

Tables: view · talk · edit

Northern America

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination Laws (sexual orientation) Anti-discrimination Laws concerning gender identity/expression
Bermuda Bermuda (Overseas territory of the United Kingdom) Yes Legal since 1994 (Age of consent discrepancy) No No Unknown Yes (due to policy of conscription) No No
Canada Canada Yes Legal since 1969
+ UN decl. sign.
Yes Yes Legal since 2003, nationwide since 2005 Yes[20][21] Yes Since 1992[22] YesBans all anti-gay discrimination, including hate speech YesSex changes legally recognised; Explicit anti-discrimination protections only in NWT, implicit elsewhere;[23]
Mexico Mexico Yes Legal since 1872[11]
+ UN decl. sign.
No/Yes PACS in Coahuila since 2007.
All states are obliged to recognize but not to perform same-sex marriages.[24]
No/Yes Legal in Mexico City since 2010.[25]
All states are obliged to recognize but not to perform same-sex marriages.[24]
No/Yes Joint adoption legal in Mexico City since 2010.[25]
Nationwide, single gay persons may adopt.[26]
Yes/No No explicit ban. However, LGB persons have been reportedly discharged on the grounds of "immorality."[27] Yes Nationwide since 2003.[28] No/Yes Transgender persons can change their legal gender and name in Mexico City since 2008.[29]
Flag of Saint-Pierre and Miquelon.svg Saint Pierre et Miquelon (overseas collectivity of France) Yes Legal since 1791
+ UN decl. sign.
Yes Pacte civil de solidarité since 1999 No No Single gay persons may adopt Yes Yes Bans some anti-gay discrimination No
United States United States Yes Legal nationwide since 2003.
+ UN decl. sign.
See Lawrence v. Texas
No / Yes Varies by state, but not recognized by federal gov't. No / Yes Varies by state, but not recognized by federal gov't No / Yes Single gay persons may adopt, laws on couples vary by state Yes An Act of Congress providing a mechanism to repeal Don't ask, don't tell was signed into law by President Obama on 22 December 2010. As of February 2011, the Pentagon is starting to dismantle DADT.[30] No / Yes No federal protections. Banned in 20 states. Included in the federal hate crimes law since 2009. See Matthew Shepard Act No / Yes No federal protections. Banned in 13 states. Included in the federal hate crimes law since 2009. See Matthew Shepard Act

Central America

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination Laws (sexual orientation) Anti- discrimination Laws concerning gender identity/expression
Belize Belize No Male: Illegal since 2003 (Penalty: 10 year prison sentence) Yes
Female: Legal
No No No No No No
Costa Rica Costa Rica Yes Legal since 1971 No No No Doesn't apply. There are no military forces in Costa Rica, nonetheless they may serve in the police Yes Bans some anti-gay discrimination
El Salvador El Salvador Yes Legal No No No Yes Yes Yes Bans some anti-gay discrimination No
Guatemala Guatemala Yes Legal No No No Unknown Yes Bans some anti-gay discrimination No
Honduras Honduras Yes Legal since 1899[11] No No Constitutional ban No Constitutional ban No No
Nicaragua Nicaragua Yes Legal since 2008
+ UN decl. sign.
No No No Unknown Yes Bans some anti-gay discrimination[11]
Panama Panama Yes Legal since 2008 No No No No No

Caribbean islands

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination Laws (sexual orientation) Anti-discrimination Laws concerning gender identity/expression
Anguilla Anguilla (Overseas territory of the United Kingdom) Yes Legal since 2000 No No No Yes No No
Antigua and Barbuda Antigua and Barbuda No Illegal (Penalty: 15 year prison sentence) No No No No No No
Aruba Aruba (Autonomous country in the Kingdom of the Netherlands) Yes Legal No Only unions made in The Netherlands recognised No Only same-sex marriages made in The Netherlands recognised No Yes No No
The Bahamas Bahamas Yes Legal since 1991 (Age of consent discrepancy) No No No Yes No No
Barbados Barbados No Illegal (Penalty: life sentence) No No No No No No
British Virgin Islands British Virgin Islands Yes Legal since 2000 No No No Yes Yes Bans some anti-gay discrimination No
Cayman Islands Cayman Islands Yes Legal since 2000 No No Unknown Yes Unknown No
Cuba Cuba Yes Legal since 1979
+ UN decl. sign.
No (but proposed) No No No No Yes
Dominica Dominica No Illegal (Penalty: 10 year prison sentence) No No No No No No
Dominican Republic Dominican Republic Yes No No No No No No
Grenada Grenada No Male illegal (Penalty: 10 year prison sentence)
Yes Female legal
No No No No No No
Guadeloupe Guadeloupe (Overseas department of France) Yes Legal since 1791
+ UN decl. sign.
Yes Pacte civil de solidarité
since 1999
No No Single gay persons may adopt Yes Yes Bans some anti-gay discrimination
Haiti Haiti Yes Legal since 1986 No No No No No No
Jamaica Jamaica No Illegal (Penalty: 10 years hard labor)
Yes Female legal.
No No No No No No
Martinique Martinique (Overseas department of France) Yes Legal since 1791
+ UN decl. sign.
Yes Pacte civil de solidarité
since 1999
No No Single gay persons may adopt Yes Yes Bans some anti-gay discrimination
Montserrat Montserrat Yes Legal since 2000 No No No Yes No
Puerto Rico Puerto Rico (Commonwealth of the United States) Yes Legal since 2003 No No No Yes/No Legal since 2010 (not fully implemented) Yes The US hate crime laws also apply to all US external territories as well Yes The US hate crime laws also apply to all US external territories as well
Saint Kitts and Nevis Saint Kitts and Nevis No Male illegal (Penalty: 10 years)
Yes Female legal
No No No No No No
Saint Lucia Saint Lucia No Male illegal (Penalty: fine and/or 10 year prison sentence)
Yes Female legal
No No No No No No
Saint Vincent and the Grenadines Saint Vincent and the Grenadines No Illegal (Penalty: fine and/or 10 year prison sentence) No No No No No No
Trinidad and Tobago Trinidad and Tobago No Illegal (Penalty: 25 year prison sentence) No No No No No No
Turks and Caicos Islands Turks and Caicos Islands Yes Legal since 2000 No No No Yes No
United States Virgin Islands United States Virgin Islands (Insular area of the United States) Yes Legal since 1984 No No No Yes/No Legal since 2010 (not fully implemented) Yes The US hate crime laws also apply to all US external territories as well Yes The US hate crime laws also apply to all US external territories as well

South America

LGBT rights in: Same-sex sexual activity Recognition of same-sex relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination Laws (sexual orientation) Anti- discrimination Laws concerning gender identity/expression
Argentina Argentina Yes Legal since 1887[11]
+ UN decl. sign.
Yes Unregistered cohabitation throughout the country. Yes Legal since 2010.[31] Yes Legal since 2010. Yes Since 2009.[32] No Legal protection on sexual orientation nationwide proposed, still awaiting Senate approval. No Legal protection on gender identity nationwide proposed, still awaiting Senate approval.
Bolivia Bolivia Yes Legal
+ UN decl. sign.
No (Proposed) No Constitutional ban No Constitutional ban Unknown Yes Bans some anti-gay discrimination Yes Bans all discrimination based on gender identity[33]
Brazil Brazil Yes Legal since 1830[11]
+ UN decl. sign.
Yes Unregistered cohabitation since 2004 and civil union since 2011 NoBut on June 27, 2011 a Brazilian judge in Sao Paulo converted a civil union into a same-sex marriage, a first in the nation. On June 28, 2011, another stable union between same-sex couples has been converted into a marriage. It is not clear whether the ruling presents a precedent for additional same-sex marriages.[2][3] Yes Legal since 2010 Yes Gays and lesbians to serve openly in military.[34] No Legal protection on sexual orientation nationwide proposed, still awaiting Senate approval.[35] Yes The jurisprudence of the Superior Court of Justice has been in favor of Gender-motivated identity change.[36][37]
Chile Chile Yes Legal since 1999[11] (Age of consent discrepancy)
+ UN decl. sign.
No (pending) No No Yes No laws related to the sexual orientation of members of the armed forces.[38] No Yesis possible to change any name( male /female) and is possible to reconize change of sex if have done a surgery first to change sex
Colombia Colombia Yes Legal since 1981
+ UN decl. sign.
Yes Legal since 2007 No Civil Code currently sued because of discrimination of homosexual, bisexual, transexual and transgender individuals due to conception of marriage as the union of a woman and a man. No single person, no matter her/his sexual orientation may adopt. First case of step-child adoption, Court ordered.[39] Yes since 1999. Since 2009: the military special social security system can be used by same sex couples in the army Yes The Constitution of 1991 penalizes any sort of discrimination based on several characteristics, including gender and sexual orientation. Yes[40] Since 1993. The name's gender can be changed easily in the National ID Card, to change the sex field a surgery is required.
Ecuador Ecuador Yes Legal since 1997
+ UN decl. sign.
Yes[41] Civil unions recognized since 2009 No Constitutional ban No Constitutional ban Yes Yes Bans some anti-gay discrimination Yes Bans all discrimination based on gender identity
Falkland Islands Falkland Islands (overseas territory of the UK) Yes Legal Yes Legal since 2005 No Yes Yes Yes Bans some anti-gay discrimination Unknown
French Guiana French Guiana Yes Legal since 1791
+ UN decl. sign.
Yes Pacte civil de solidarité since 1999 No No Single gay persons may adopt Yes Yes Bans some anti-gay discrimination Unknown
Guyana Guyana No Male illegal (Penalty: life imprisonment)
Yes Female legal.
No No No Unknown No Added to constitution in 2004, but withdrawn afterwards by the government. Unknown
Paraguay Paraguay Yes Legal since 1880[11]
+ UN decl. sign.
No Constitutional ban since 1992[42] No Constitutional ban since 1992[42] No Unknown No Unknown
Peru Peru Yes Legal since 1836-37[11] No No No Yes since 2009[43] Yes Bans all anti-gay discrimination. Penalized with 2-4 years in jail. Yes Possible via Civil Code and Legal Process, but no specific law.
South Georgia and the South Sandwich Islands South Georgia and the South Sandwich Islands Yes Legal Yes Legal since 2005 No Yes Yes Yes Bans some anti-gay discrimination Unknown
Suriname Suriname Yes Legal since 1869[11] No No No Unknown No Unknown
Uruguay Uruguay Yes Legal since 1934
+ UN decl. sign.
Yes Civil unions since 2008.[44] No But proposed.[45] Yes Since 2009.[46] Yes Since 2009.[47] Yes Legal protection since 2004.[48] Yes Legal protection since 2004.[48]
Transgender persons can change their legal gender and name since 2009.[49]
Venezuela Venezuela Yes Legal
+ UN decl. sign.
No Civil union bill passed first reading, becomes law if passes second No No No Yes Bans some anti-gay discrimination[11] No Under consideration (passed first reading)

Asia

Central Asia

LGBT rights in: Same-sex sexual activity Recognition of relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (Sexual orientation) Laws concerning gender identity/expression
Kazakhstan Kazakhstan Yes Legal since 1998[11] No No No Unknown No No
Kyrgyzstan Kyrgyzstan Yes Legal since 1998[11] No No No Unknown No No
Tajikistan Tajikistan Yes Legal since 1998[11] No No No Unknown No No
Turkmenistan Turkmenistan No Male illegal (Penalty: up to 2 year prison sentence)
Yes Female legal[11]
No No No Unknown No No
Uzbekistan Uzbekistan No Male illegal (Penalty: up to 3 year prison sentence)
Yes Female legal[11]
No No No Unknown No No

Western Asia

LGBT rights in: Same-sex sexual activity Recognition of relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (Sexual orientation) Laws concerning gender identity/expression
Bahrain Bahrain ? Unclear[11] No No No No No No
Iraq Iraq Yes Legal since 2003 No
No No No No
Israel Israel Yes Legal since 1963 de facto
1988 de jure[50]
+ UN decl. sign.
Yes Unregistered cohabition Legal Cannot be performed in the country, but foreign same-sex marriages are recognised Yes[51][52] Yes Yes Bans some anti-gay discrimination Yes
Jordan Jordan Yes Legal since 1951 No No No Unknown No Unknown
Kuwait Kuwait No Illegal (Penalty: fines, men under 21 face prison sentences up to 10 years, men over 21 face prison sentences up to 7 years) No No No No No No
Lebanon Lebanon No Illegal (Penalty: minimal, unknown). very lax enforcement.[11] No No No No No No
Oman Oman No Illegal (Penalty: fines, prison sentence up to 3 years; however, only enforced when dealing with "public scandal") No No No No No No
Palestinian territories Palestinian territories (Gaza) No Male illegal (Penalty: up to 10 year prison sentence)
Yes Female legal
No No No Unknown No No
Palestinian territories Palestinian territories (West Bank) Yes Legal since 1951[11] No No No Unknown No Unknown
Qatar Qatar No Illegal (Penalty: fines, prison sentence up to 5 years) No No No No No No
Saudi Arabia Saudi Arabia No Illegal (Penalty: death or prison/fines/whipping) No No No No No No
Syria Syria No Illegal (Penalty: prison sentence up to 3 years; law de facto suspended) No No No No No No
United Arab Emirates United Arab Emirates No Illegal (Penalty: deportation, fines, prison time or death sentence) No No No No No No
Yemen Yemen No Illegal (Penalty: flogging or death) No No No No No No

South Asia

LGBT rights in: Same-sex sexual activity Recognition of relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (Sexual orientation) Laws concerning gender identity/expression
Afghanistan Afghanistan No Illegal No No No No No No
Bangladesh Bangladesh No Illegal No No No No No No
Bhutan Bhutan No Illegal (Penalty: prison sentence up to 1 year; no cases of penalty actually enforced) No No No No No No
India India Yes Legal since 2009 Delhi High Court ruling YesNo explicit recognition, but not outlawed explicitly, same-sex unions reported.[53] Yes No explicit recognition, but not outlawed explicitly, same-sex marriages reported.[53] No Under consideration No[54] No Under consideration Transgender people allowed to tick O (Other) in passport and voter identification forms
Iran Iran No Illegal (Penalty: Death) No No No No No Transsexuality in Iran is legal if accompanied by a sex change operation; however, transsexuals still report societal intolerance.[55]
Maldives Maldives ? Criminal code does not criminalize same-sex sexual relations; sharia law may apply, but no applications have been reported No No No No[citation needed] No No
Nepal Nepal Yes Legal since 2007[11] + UN decl. sign. No No Under consideration No Under consideration Yes Yes Supreme Court ruled discrimination laws apply to homosexuals Yes "Third gender" cards have been issued since September 2007, legally protected class[56]
Pakistan Pakistan No Illegal (Penalty: 2 years to life sentence) No No No No No Yes 'Third gender' officially protected from discrimination by Supreme Court of Pakistan in 2010
Sri Lanka Sri Lanka ? Status unclear - British-enacted sodomy law may apply, never implemented No No No No[citation needed] No No

East Asia

LGBT rights in: Same-sex sexual activity Recognition of relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (Sexual orientation) Laws concerning gender identity/expression
People's Republic of China People's Republic of China Yes Legal since 1997 No No No Unknown No Yes Transsexuals allowed to change legal gender
Republic of China Republic of China Yes Legal No No Pending law allows civil unions or same-sex marriage. No Yes Due to military draft Yes Bans some anti-gay discrimination (in work and education) Unknown
Hong Kong Hong Kong Yes Legal since 1991 (equal age of consent of 16 for both heterosexual and homosexual sex since 2006) No No No Unknown (China responsible for defence) No No
Japan Japan Yes Legal since 1880 (was illegal from 1873-1880;before that there were no laws forbidding sodomy)
+ UN decl. sign.
No Foreign same-sex marriages recognized.[57] No Yes[58] No/Yes No nationwide protections, but some cities bans some anti-gay discriminations[11] Yes Transsexuals allowed to change legal gender, but only after sex reassignment surgery and in case that the transsexual has no child under 20 years old
Macau Macau Yes Legal since 1996 No No No Unknown (China responsible for defence) No Unknown
Mongolia Mongolia Yes Legal since 2002 No No No Unknown No Unknown
North Korea North Korea Yes (showing public affection is frowned upon even on heterosexual couples) No No No No No Unknown although there are heavily obeyed gender roles for both male and female. See Let's trim our hair in accordance with the socialist lifestyle
South Korea South Korea Yes Legal No No No No No Yes Transsexuals allowed to change legal gender

Southeast Asia

LGBT rights in: Same-sex sexual activity Recognition of relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (Sexual orientation) Laws concerning gender identity/expression
Brunei Brunei No Illegal (Penalty: fine or prison sentence up to 10 years) No No No No No No
Burma Burma No Illegal (Penalty: up to life sentence) No No No No No No
Cambodia Cambodia Yes Legal No No Technically prohibited, though there has been at least one recorded case of a legally registered and recognized same-sex marriage Yes Unknown No Unknown
East Timor East Timor Yes Legal
+ UN decl. sign.
No No No Unknown No Unknown
Indonesia Indonesia Yes Legal[59] except for Muslims in Aceh Province[60] No No No Unknown No Unknown
Laos Laos Yes Legal No No No Unknown No Unknown
Malaysia Malaysia No Illegal (Penalty: fines, prison sentence (2-20 years), or whippings) No No No No No No
Philippines Philippines Yes Legal.[61][62] except for Muslims in Marawi City No[62] No[62] Yes[63] No Since 2009 Yes No national protections, but Quezon City and Albay have anti-discrimination ordinances[64] No National bill pending but still not made into law Unknown
Singapore Singapore No Male illegal (Penalty: up to 2 years prison sentence; no plan to repeal 377A and not enforced since 1999) Yes Female legal
No No No Yes Due to conscription, but gays are not allowed to go to command school or serve in sensitive units. No No
Thailand Thailand Yes Legal since 1956 No No No Yes Since 2005 No Unknown
Vietnam Vietnam Yes Legal (no laws against homosexuality have ever existed) No No No Unknown No Unknown

Europe

EU flag
Membership in the European Union not only requires repeal of anti-homosexuality legislation, the Treaty of Amsterdam also requires anti-discrimination legislation to be enacted by its member states.[65]

Northern Europe

LGBT rights in: Same-sex sexual activity Recognition of same-sex relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (sexual orientation) Laws concerning gender identity/expression MSMs allowed to donate blood
Denmark Denmark Yes Legal since 1933
+ UN decl. sign.
Yes Legal since 1989 No Yes Only in registered partnerships since 2010 Yes Yes Bans all anti-gay discrimination[11][66]
No
Estonia Estonia Yes Legal since 1992
+ UN decl. sign.
No No No Only married couples can adopt Yes Yes Bans some anti-gay discrimination[66]
No
Faroe Islands Faroe Islands (constituent country of the Kingdom of Denmark) Yes Legal since 1933 No No No Yes (Denmark responsible for defence) Yes Bans some anti-gay discrimination[66]
Yes
Finland Finland Yes Legal since 1971
+ UN decl. sign.
Yes Legal since 2002 No (under consideration)[67] Yes/ No Step-child adoption only (full joint adoption under consideration) Yes Yes Bans some anti-gay discrimination[66]
No
Greenland Greenland (constituent country of the Kingdom of Denmark) Yes Legal since 1933
+UN decl. sign via Denmark.
Yes Legal since 1996 No Yes / No Step-child adoption only Yes (Denmark responsible for defence) Yes Bans some anti-gay discrimination
No
Iceland Iceland Yes Legal since 1940
+ UN decl. sign.
Yes Legal since 1996 Yes Legal since 2010 Yes Legal since 2006 N/A Yes Bans all anti-gay discrimination[66] Yes Sex changes are legal and documents can be amended to the recognised gender. No
Republic of Ireland Ireland Yes Legal since 1993
+ UN decl. sign.
Yes Legal since 2011 No Supreme Court decision pending No Single gay persons may adopt. Step Child adoption under consideration. Yes Yes Bans all anti-gay discrimination[66] No Legislation to recognise gender identity pending after High Court ruling in favour. No (The IBTS is aware that this policy is offensive, but claims that it protects the blood supply.)
Isle of Man Isle of Man Yes Legal since 1991 Yes Legal since 2011 No Yes Yes UK responsible for defence Yes Bans some anti-gay discrimination Yes Gender Recognition Act 2009[4] No (under review)
Latvia Latvia Yes Legal since 1992
+ UN decl. sign.
No No Constitutional ban since 2006 No Only married couples can adopt Yes Yes Bans some anti-gay discrimination
No
Lithuania Lithuania Yes Legal since 1993
+ UN decl. sign.
No No Constitutional ban since 1992 No Only married couples can adopt Yes Yes Bans all anti-gay discrimination[66]
No (lifetime)
Norway Norway Yes Legal since 1972
+ UN decl. sign.
Yes Legal since 1993 Yes Legal since 2009 Yes Legal since 2009 Yes Yes Bans all anti-gay discrimination.[66] Yes Sex changes are legal and documents can be amended to the recognised gender. No (under review)
Sweden Sweden Yes Legal since 1944
+ UN decl. sign.
Yes Legal since 1995 Yes Legal since 2009 Yes Legal since 2003 Yes Yes Bans all anti-gay discrimination[11] Yes Sterilization and divorce necessary for legal gender change. No (The National Board of Health has proposed[when?] a 1-year deferral, but the blood banks propose delay until 1 October 2011 at the earliest)
United Kingdom United Kingdom Yes Legal since 1967 in England and Wales, 1981 in Scotland and 1982 in Northern Ireland
+ UN decl. sign.
Yes Civil partnership since 2005 No (under consideration) Yes Legal since 2002 in England and Wales, 2009 in Scotland and unclear in Northern Ireland Yes Yes Bans all anti-gay discrimination[68][11] Yes Gender Recognition Act 2004 No (under consideration)

Western Europe

LGBT rights in: Same-sex sexual activity Recognition of same-sex relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (sexual orientation) Laws concerning gender identity/expression
Belgium Belgium Yes Legal since 1795
+ UN decl. sign.
Yes Legal since 2000 Yes Legal since 2003 Yes Legal since 2006 Yes Yes Bans all anti-gay discrimination[66]
France France Yes Legal since 1791
+ UN decl. sign.
Yes Pacte civil de solidarité
since 1999
Yes No Single gay persons may adopt Yes Yes Bans all anti-gay discrimination[11][66]
Guernsey Guernsey (incl. Alderney Alderney, Herm Herm and Sark Sark) Yes legal since 1983 No No No Yes UK responsible for defence Yes Bans some anti-gay discrimination[69] Yes[69]
Jersey Jersey Yes legal since 1990 No civil partnership bill now awaiting assent No Yes Yes UK responsible for defence Yes Bans some anti-gay discrimination Yes Gender Recognition (Jersey) Law 2010[5]
Luxembourg Luxembourg Yes Legal since 1795
+ UN decl. sign.
Yes Legal since 2004 No (proposed) No Single gay persons may adopt (step-child only proposed) Yes Yes Bans some anti-gay discrimination
Monaco Monaco Yes Legal since 1793 No No No Yes France responsible for defence No
Netherlands Netherlands Yes Legal since 1811
+ UN decl. sign.
Yes Legal since 1998 Yes Legal since 2001. First country to legalise same-sex marriage. Yes Yes Yes Bans all anti-gay discrimination[66] Yes

Central Europe

LGBT rights in: Same-sex sexual activity Recognition of same-sex relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (sexual orientation) Laws concerning gender identity/expression MSMs allowed to donate blood
Austria Austria Yes Legal since 1971
+ UN decl. sign.
Yes Registered partnership since 2010 No No Yes Yes Bans some anti-gay discrimination
No
Croatia Croatia Yes Legal since 1977
+ UN decl. sign.
Yes Unregistered cohabitation since 2003 No No Yes Yes Bans all anti-gay discrimination[70][66] Yes Act on the elimination of discrimination, The Law on volunteering, Electronic media Law (all including both gender identity and gender expression) Yes
Czech Republic Czech Republic Yes Legal since 1962
+ UN decl. sign.
Yes Registered partnership since 2006. No No Single gay persons may adopt Yes Yes Bans some anti-gay discrimination

Germany Germany Yes Legal since 1994 (since 1968 in East Germany)
+ UN decl. sign.
Yes Registered partnership since 2001 No No/Yes Step-child adoption only (full joint adoption proposed) Yes Yes Bans some anti-gay discrimination
No
Hungary Hungary Yes Legal since 1962
+ UN decl. sign.
Yes Registered partnership since 2009 No Constitutional ban beginning 1 January 2012[71] No Yes Yes Bans some anti-gay discrimination
No
Liechtenstein Liechtenstein Yes Legal since 1989
+ UN decl. sign.
Yes Registered partnership since 2011 No No N/A No
Poland Poland Yes Never punished. Legal until 18th century, criminalized in 19th by laws of Russia, Germany and Austria-Hungary, legal again since 1932
+ UN decl. sign.
No (proposed) No Constitution defines marriage as "a union of a man and a woman"[72] No Single gay persons may adopt Yes Yes Bans some anti-gay discrimination Yes Sex change legal; birth certificate is amended after the reassignment surgery Yes (2005)
Slovakia Slovakia Yes Legal since 1962
+ UN decl. sign.
No No No Yes Yes Bans some anti-gay discrimination
No
Slovenia Slovenia Yes Legal since 1977
+ UN decl. sign.
Yes Registered partnership since 2006 No No Yes Yes Bans some anti-gay discrimination Yes Sex change can be recorded in a central register, and new documents can be issued based on person's new gender identity.[73] No
Switzerland Switzerland Yes Geneva, Vaud, Valais and Ticino: legal since 1798. Nationwide since 1942
+ UN decl. sign.
Yes Registered partnership since 2007 No No Single gay persons may adopt. Yes Yes Bans some anti-gay discrimination
No

Eastern Europe

LGBT rights in: Same-sex sexual activity Recognition of same-sex relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (sexual orientation) Laws concerning gender identity/expression
Albania Albania Yes Legal since 1995
+ UN decl. sign.
No No No Yes Yes Bans all anti-gay discrimination[74] Yes Forbids discrimination based on gender identity.
Armenia Armenia Yes Legal since 2002
+ UN decl. sign.
No No No Unknown No
Azerbaijan Azerbaijan Yes Legal since 2000 No No No Unknown No
Belarus Belarus Yes Legal since 1994 No No Constitutional ban since 1994. No No Banned from military service No
Bosnia and Herzegovina Bosnia and Herzegovina Yes Legal since 1998
+ UN decl. sign.
No No No Yes Yes Bans some anti-gay discrimination
Bulgaria Bulgaria Yes Legal since 1968
+ UN decl. sign.
No No Constitutional ban since 1991. No Single gay persons may adopt. Yes Yes Bans some anti-gay discrimination
Georgia (country) Georgia Yes Legal since 2000
+ UN decl. sign.
No No No Unknown Yes Bans some anti-gay discrimination
Republic of Macedonia Macedonia Yes Legal since 1996
+ UN decl. sign.
No No No Yes Yes Bans some anti-gay discrimination[66]
Moldova Moldova Yes Legal since 1995 No No Constitutional ban since 1994. No Yes No
Montenegro Montenegro Yes Legal since 1977
+ UN decl. sign.
No No Constitutional ban since 2007. No Yes Yes Bans all anti-gay discrimination[75] Yes Forbids discrimination based on gender identity.
Romania Romania Yes Legal since 1996
+ UN decl. sign.
No (proposed) No No Yes Yes Bans all anti-gay discrimination[66]
Russia Russia (incl. all constituent regions) Yes Legal since 1993. Previously legal from 1917 to 1930. No No No Yes No
Serbia Serbia Yes Legal since 1994
+ UN decl. sign.
No No Constitution defines marriage as "a union of a man and a woman" No Yes Yes Bans some anti-gay discrimination Yes Act on the elimination of discrimination
Ukraine Ukraine Yes Legal since 1991 No No Constitution defines marriage as "a union of a man and a woman" No Yes No

Southern Europe

LGBT rights in: Same-sex sexual activity Recognition of same-sex relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (sexual orientation) Laws concerning gender identity/expression
Andorra Andorra Yes Legal since 1790
+ UN decl. sign.
Yes Legal since 2005 No Yes Legal since 2005 N/A Yes Bans all anti-gay discrimination[66]
Cyprus Cyprus Yes Legal since 1998
+ UN decl. sign.
No(proposed) No No Yes Yes Bans some anti-gay discrimination
Gibraltar Gibraltar (overseas territory of the UK) Yes Legal since 1993 No No No Yes UK responsible for defence Yes Bans some anti-gay discrimination
Greece Greece Yes Legal since 1951 (Age of consent discrepancy)
+ UN decl. sign.
No(proposed) No No (proposed)[76] No Yes Bans some anti-gay discrimination Yes
Italy Italy Yes Legal since 1890
+ UN decl. sign.
No No No Only married couples can adopt Yes Yes Bans some anti-gay discrimination Yes Sex changes are legal and documents can be amended to the recognised gender.[77]
Malta Malta Yes Legal since 1973
+ UN decl. sign.
No (proposed) No No Yes Yes Bans some anti-gay discrimination Yes Sex changes are legal and documents can be amended to the recognised gender
Portugal Portugal Yes Legal since 1983
+ UN decl. sign.
Yes Legal since 2001 Yes Legal since 2010 No Single gay persons may adopt Yes Yes Bans all anti-gay discrimination, according to Constitution[66] Yes Sex changes are legal and documents can be amended to the recognised gender since 2011
San Marino San Marino Yes Legal since 2001
+ UN decl. sign.
No No No Unknown No
Spain Spain Yes Legal since 1979
+ UN decl. sign.
Yes Legal since 1998 Yes Legal since 2005 Yes Yes Yes Bans all anti-gay discrimination[66] Yes La Ley de Identidad de Género (Gender Identity Law), enacted in 2007.
Turkey Turkey Yes Legal since 1858 No No No Yes No Committee formed in March 2010 to draft a discrimination clause including sexual orientation.[78] Yes
Vatican City Vatican City Yes Legal since 1929 No No No Unknown No

Partially recognised states

LGBT rights in: Same-sex sexual activity Recognition of same-sex relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (sexual orientation) Laws concerning gender identity/expression
Republic of Kosovo Kosovo (only partially recognised, claimed by Serbia) Yes Legal since 1994 (as part of Serbia), 2008 (as partially recognised sovereign territory) No No No Yes Yes Bans all anti-gay discrimination[66] Yes
Northern Cyprus Turkish Republic Northern Cyprus (recognised only by the Republic of Turkey) No Male illegal (Penalty: up to 5 years imprisonment)
Yes Female legal[11]
No No No No No

Oceania

Australasia

LGBT rights in: Homosexual acts legal? Recognition of same-sex relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (sexual orientation) Laws concerning gender identity/expression
Australia Australia (including territories of  Christmas Island,  Cocos (Keeling) Islands,  Norfolk Island) Yes Legal nationwide since 1994. + UN decl. sign.
Yes Unregistered cohabitation in all states and under federal laws.
Civil Union schemes in ACT, Tasmania, Victoria & New South Wales
Only transsexual persons allowed to marry (All States) Yes/No Joint adoption in ACT, New South Wales and Western Australia.
Stepchild adoption in Tasmania.
Yes since 1992 Yes Bans all anti-gay discrimination Yes Covered by all state and territory laws only.
New Zealand New Zealand Yes Legal since 1986. + UN decl. sign.
Yes Legal since 2005. No No Single gay persons may adopt. Yes Yes Bans all anti-gay discrimination Yes Covered under the "sex discrimination" provision of the Human Rights Act 1993 since 2006.

Melanesia

LGBT rights in: Homosexual acts legal? Recognition of same-sex relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (sexual orientation) Laws concerning gender identity/expression
East Timor East Timor (terminology "Oceania" varies on border defintions) Yes Legal since 1975[11]
+ UN decl. sign
No No No Unknown No No
Fiji Fiji Yes Legal since 2010[11] No No No Unknown No 1997 constitution that banned all anti-gay discrimination has been repealed. Unknown
New Caledonia New Caledonia (overseas collectivity of France) Yes Legal Yes PACS since 2009 No No Yes French responsibility Unknown
Papua New Guinea Papua New Guinea No Illegal[11] No No No No No No
Solomon Islands Solomon Islands No Illegal[11] No No No No No No
Vanuatu Vanuatu Yes Legal since 2007[11] No No No Unknown No No

Micronesia

LGBT rights in: Homosexual acts legal? Recognition of same-sex relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (sexual orientation) Laws concerning gender identity/expression
Guam Guam (unincorporated territory of the United States) Yes Legal since 1979 No (proposed) No Yes Legal since 2002 Yes/No Legal since 2010 (not fully implemented) Yes Bans all anti-gay discrimination, also US hate crime laws also apply to all US external territories as well Yes The US hate crime laws also apply to all US external territories as well
Federated States of Micronesia Federated States of Micronesia Yes Legal[11] No No No Yes/No Legal since 2010 (not fully implemented) Yes The US hate crime laws also apply to all US external territories as well Yes The US hate crime laws also apply to all US external territories as well
Kiribati Kiribati No Male illegal
Yes Female legal[11]
No No No No No No
Marshall Islands Marshall Islands Yes Legal since 2005[11] No No No Yes/No Legal since 2010 (not fully implemented) No
Nauru Nauru No Male illegal
Yes Female legal[11] (legalisation proposed)
No No No No No No
Northern Mariana Islands Northern Mariana Islands Yes Legal since 1983 No No No Yes/No Legal since 2010 (not fully implemented) Yes The US hate crime laws also apply to all US external territories as well Yes The US hate crime laws also apply to all US external territories as well
Palau Palau No Male illegal
Yes Female legal[11]
No No No No No No

Polynesia

LGBT rights in: Homosexual acts legal? Recognition of same-sex relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (sexual orientation) Laws concerning gender identity/expression
American Samoa American Samoa (unincorporated territory of the United States)[79] Yes Legal since 1899 No No No Yes/No Legal since 2010 (not fully implemented) Yes The US hate crime laws also apply to all US external territories as well Yes The US hate crime laws also apply to all US external territories as well
Easter Island Easter Island (overseas territory of Chile) Yes Legal since 1998 No No No No No
Cook Islands Cook Islands (part of the realm of New Zealand) No Male illegal
Yes Female legal[11]
No No No Yes New Zealand's responsibility No No
French Polynesia French Polynesia (overseas collectivity of France) Yes Legal No No No Yes French responsibility Unknown
Niue Niue (part of the realm of New Zealand) Yes Legal since 2007[11] No No No Has no military forces Unknown
Pitcairn Islands Pitcairn Islands (overseas territory of the United Kingdom) Yes Legal since 1967 Yes Civil partnerships since 2005 No Yes Yes Yes Bans most anti-gay discrimination
Samoa Samoa No (legalisation proposed) No No No Has no military forces No No
Tokelau Tokelau (part of the realm of New Zealand) Yes Legal 2007[11] No No No Has no military forces No No
Tonga Tonga No Male illegal
Yes Female legal[11]
No No No No No No
Tuvalu Tuvalu No Male illegal
Yes Female legal[11]
No No No Has no military forces No Unknown
Wallis and Futuna Wallis and Futuna (overseas collectivity of France) Yes Legal Yes PACS since 2009 No No Yes French responsibility Unknown
 

 
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