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Pacific anti-gay sex laws impede HIV prevention, reformers say

Concerns have been expressed that laws against consensual sex between men in the Pacific region are undermining efforts to prevent and treat HIV.

An international Aids conference in Melbourne last week was told about the problematic results of such laws.

But men having sex with men remains illegal in more than one-third of all Pacific countries and territories.

Advocates argue such laws lead to discrimination and stigma against gay and transgender people and stop them from having HIV tests or treatment.

They also want community attitudes to shift and point to Samoa’s acceptance of the Fa’afafine as an example.

In March last year, Samoa’s government repealed a law which made it an offence for a male to impersonate a female.

But sex between men, regardless of consent, remains illegal.

Ken Moala, from the Pacific Sexual Diversity Network, says such laws are a relic of the colonial age.

He points to Papua New Guinea as having a particularly punitive law.

There, men having sex with men face up to 14 years in jail if caught.

Mr Moala said such laws lead to widespread stigma and discrimination.

This means Pacific nations are failing in trying to reach UNAid’s vision of achieving “three zeroes” – zero new HIV infections, zero AIDS-related deaths and zero discrimination.

Such stigma prevents gay and transgender people from accessing vital HIV services, whether it be testing or treatment, he said.

“We have to be very careful in the Pacific because we are working within a traditional framework,” Mr Moala noted.

“The idea is to advocate with politicians, with church leaders and with traditional leaders.”

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