Gay Travel Advisory

Myanmar

Penal Code established by Act No. 45/1860

Sources
  1. Text of the law is available at: https://www.wipo.int/edocs/lexdocs/laws/en/mm/mm004en.pdf

Legal Code Text

Section 377 - “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with transportation for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”

ILGA Analysis & Notes

Sexual orientation and gender identity was not mentioned in Myanmar’s 1st cycle UPR in November 2010. However, the National Human Rights Commission was established in 2011 and given force in 2014. One commissioner attended the UN Asia-Pacific conference on Human Rights, Sexual Orientation and Gender Identity in 2015, although state-sponsored homophobia continues to the present time. In its 2nd cycle UPR in November 2015, two recommendations were made to repeal Section 377 by Australia and Spain. It appears that the delegation offered no response to these, other than ‘noting’ (rejecting) them.

South Korea's general Criminal Act (2009) does not criminalise consensual same-sex acts between adults. However, Article 92-6 of the Military Criminal Act (1962) criminalises 'indecent acts' (incl. anal intercourse) between military personnel (up to 2 years). The Constitutional Court upheld this provision in a 5-4 ruling in October 2023 (Case No. 16, 2023) -- the fourth time its constitutionality has been challenged since 2002.

SCRUFF Travel Notes

"Transporation for life" = Sending of convicted criminals to penal colony