The Dutch embassy and its Thai partners hosted "At The Heart Of Democracy: The Journey From Amsterdam To Bangkok" earlier this month at SCB Connext to launch the "Amsterdam Rainbow Dress" exhibition ahead of the International Day Against Homophobia, Biphobia and Transphobia (IDAHOBIT) which falls annually on May 17.
Originally created from 77 national flags of countries where being LGBTI is criminalised -- including eight where same-sex relations could result in the death penalty -- the 16m-wide dress now consists of 66 national flags, 11 rainbow flags and four Amsterdam city flags, reflecting progress in decriminalisation worldwide.
The exhibition -- which wrapped up last week -- also marks the first anniversary of Thailand's marriage equality law, which made the country the first in Asean to legalise same-sex marriage.
Yet behind the dress' striking appearance lies the painful reality still faced by many LGBTI individuals from several countries. Life spoke to five LGBTI individuals from Brunei, Indonesia, Malaysia, Burundi and Cameroon, and one Ugandan ally about their lives under the criminalisation of this identity and they shared the same pains, fear, stigma and intimidation.
Voices from 'inclusive' Asean
Brunei
Under Brunei's Syariah Penal Code Order 2013, same-sex relations remain criminalised. Section 82 criminalises sexual relations between men, while Section 92 criminalises sexual relations between women. Meanwhile, Section 198 targets individuals perceived as "posing" as another gender for "immoral purposes", affecting many transgender and gender non-conforming people.
K, 30, a Bruneian Human Rights Researcher, grew up and learned how to express himself carefully and it became his second nature. In a culturally and religiously conservative country, many Bruneian LGBTIs grow up understanding the unspoken social boundaries around gender, sexuality and self-expression depending on their surroundings.
"Although the harshest punishments are rarely publicly reported, the laws themselves continue to create fear, uncertainty and social pressure," he added.
He added that a bigger impact came from social stigma and judgement, in which the laws are often used by society as the justification for discrimination, shame or negative attitudes towards LGBTI individuals. Such use of the law impacts their relationship with family, education, the workplace and their mental well-being.
"Many people feel the need to hide their identities, avoid public expression, or carefully monitor how they speak and present themselves in daily life," he added.
Nevertheless, the LGBTI community continues to exist as a safe space with quiet support. Trusted friendships, private gatherings, art, and storytelling have become important spaces of belonging and resilience.
At the same time, although being unable to openly express their views, many Bruneians are more supportive and open-minded than what outsiders may assume.
"Brunei is a place where even if something is restricted or forbidden by law, it does not mean it does not exist. Queer people are still part of Bruneian society, communities, workplaces, schools and families. They continue to live, contribute, create, and support one another quietly in their own way," he added.
Indonesia
Although there are no explicit laws that criminalise Indonesian LGBTIs, and the Indonesian Constitution and Human Rights Law guarantee equality for Indonesians in general, Arisdo Gonzalez, 28, an activist at Pelangi Nusantara, explained that such a legal mechanism does not protect LGBTI individuals. Furthermore, certain laws like the Pornography Law have been used to justify raids against LGBTI gatherings, media censorship, or LGBTI-related spaces or content.
Recently, Indonesia launched Kitab Undang-Undang Hukum Pidana (KUHP), a new National Criminal Code established by Law No.1 2023, to replace the 108-year-old colonial Dutch law with the aim of modernising Indonesia.
However, Arisdo pointed out that the law raised concerns among LGBTI advocates as it targets adultery and cohabitation that could disproportionately be weaponised against LGBTI people when same-sex relations are not recognised under the law.
The situation in Bandar Aceh is more concerning, as same-sex relationships are explicitly criminalised under the Qanun Jinayat or Islamic Criminal Law and same-sex intercourse will lead to public caning, fines or imprisonment.
Several local governments have introduced anti-LGBTI regulations, such as Bogor, which has a regulation called P4S aimed to prevent so-called "sexual deviation". It has raised concerns about when it will be utilised to target LGBTIs. Similar narratives and proposals have also appeared in West Java, West Sumatra, Lampung, Makassar and several other regions.
On top of that, due to conservative and religious values, many Indonesians still view LGBTIs as immoral, shameful or "against nature". Due to this, many LGBTIs have been disowned by their families, face harassment or discrimination at work, are victims of cyberattacks, and have difficulties accessing healthcare and safe spaces.
"Some people are also pushed to so-called 'conversion' efforts or publicly humiliated in the name of morality or religion," he added.
For his own experience, the hostility against his sexual orientation manifested in online harassment and his digital safety. His personal Instagram account and the account connected to his organisation were once suspended after coordinated mass reporting attacks.
"We LGBTI have also received death threats, hate speech, intimidation and other forms of online harassment simply because we speak openly about LGBTI issues and human rights," he added.
From these legal and social standpoints, many choose silence for their own safety. Some avoid public spaces, limit activism, or hide their identities even from friends and co-workers.
Despite this, LGBTI communities across Indonesia continue supporting one another through solidarity networks, mutual care and small safe spaces built on trust.
"Right now, many of us feel abandoned and pushed to the margins while anti-LGBT narratives continue getting louder in public spaces. But even in that situation, LGBTI communities in Indonesia continue supporting each other, building solidarity and fighting for the basic right to live safely and with dignity," he ended.
Malaysia
Likewise, A, a 35-year-old Malaysian gay organiser, revealed that Malaysian LGBTIs lived in fear due to existing legislation.
Same-sex relations remain criminalised under Section 377 of the Malaysian Penal Code, including Sections 377A and 377B on "carnal intercourse against the order of nature", and Section 377D on "gross indecency", with penalties such as imprisonment and whipping. In addition, various state-level Sharia laws continue to affect LGBTI people, particularly Muslims.
Yet, he pointed out that there has been contestation between the religious and secular courts when the Federal Court struck down certain Sharia Provisions for LGBTI individuals, reinforcing that criminal law falls under federal jurisdiction.
Nevertheless, these provisions have been used to legitimise both secular and religious authorities to target the LGBTI individuals and raid their spaces, including clubs, private events or social gatherings.
"I've personally experienced being mocked while dealing with police before, so there's always this feeling that you won't be treated seriously or fairly," he added.
As public spaces are unsafe, many have shifted to socialising in private. Yet such spaces remain vulnerable, especially when someone reports it to the authorities.
"One thing people outside Malaysia may not realise is that Malaysia hasn't always been this hostile. There used to be much more visible representation of trans and gender-diverse people in popular culture. Even historically, there were traditional cultural spaces where queer and gender-diverse people were accepted or at least tolerated. So the current climate didn't come out of nowhere. It was shaped over time through political and religious shifts. And if things changed once, they could change again," he added.
Voices from Cameroon, Burundi, and Uganda
Cameroon
Cameroon is one of several African countries that criminalises same-sex relationships and there are penalties against it if there is clear evidence, like videos or photos showing same-sex relationships and activities, said a 38-year-old Cameroonian doctor and HIV clinician.
The Penal Code 2016 of the Republic of Cameroon on Section 347-1 on Homosexuality states that whoever has sexual relations with a person of the same sex shall be punished with imprisonment ranging from six months to five years and fine of 20,000 to 200,000 CFA Francs (1,150 baht to 11,550 baht).
Additionally, Article 83 of the 2010 Law on Cyber Security and Cybercrime punishes any electronic communication between same-sex individuals for the purpose of a sexual proposition with up to two years in prison and a fine. These penalties are doubled if the communication leads to actual sexual intercourse.
"You will be penalised if there is clear evidence, like a video or photo showing same-sex relationships and activities. If you get caught in the act, you may end up in prison for 14 years," he added.
Criminalisation obstructs Cameroonian LGBTIs from speaking out and fighting against stigma. In addition, many Cameroonian gays are preyed upon on dating applications or face homophobic attacks and they cannot seek assistance from the legal system as it would reveal their sexual orientation to legal enforcers and may lead to prosecution.
"We cannot report [the stigma or discrimination] to the police because it would be self-reporting and lead to arrests for being homosexual," he added.
At the same time, although the country has no HIV-specific criminal law, Section 260 in the same Penal Code has a provision of three months' imprisonment if whoever by his conduct facilitates the spread of any communicable and dangerous disease.
"Such a law has sometimes been used to target LGBTI Cameroonians as HIV is prevalent in our community. With both criminalisation and this law, it has made it hard for Cameroonian LGBTIs to get access to the legal and healthcare system," he added.
Burundi
A 26-year-old Burundian LGBTI programme officer working with a local HIV organisation described his life in his country as being shaped by fear and stigma due to existing legislation and leadership.
The Burundian Penal Code 2009 Article 567 states that sexual intercourse between same-sex individuals is liable to a fine of 50,000 to 100,000 Francs, or a prison sentence of three months to two years. At the same time, the LGBTI and their organisations are often targeted under Article 565 for actions that offend modesty which is liable to a fine of 50,000 to 100,000 Francs.
Additionally, the Ministry of Education has issued Ordinance No.620/613 (2011) Article 9 which indicates "homosexuality" as one of the permissible justifications for expelling a student from secondary school.
On Dec 30, 2023, Burundi's President Evariste Ndayishimiye publicly spoke during a press interview and stated that if the country would like to attract a curse, it should accept homosexuality. While accusing homosexuality of being a Western influence, President Evariste also added: "I even think that these people, if we find them in Burundi, it is better to lead them to a stadium and stone them. And that cannot be a sin."
Such circumstances have made Burundian LGBTIs live with fear and mobilise their movement discreetly to ensure community's empowerment to prevent prosecution.
However, in February 2023, Burundian police cracked down on a seminar organised by an HIV/Aids charity in Gitega in which 24 LGBTIs were prosecuted for attending to engage in same-sex acts and inciting homosexuality in others, while the seminar was in fact educating people about HIV prevention. One individual died during arrest.
"People are still looking at Burundian queer like trash," he added.
Uganda
While homosexuality in Uganda has long been criminalised under Penal Code 1950, a Ugandan social worker on PLHIV and LGBTI rights, 31, said that the situation became worse when Yoweri Museveni, the current Ugandan president, signed the Anti-Homosexuality Act 2023. It has received condemnation as "one of the toughest anti-LGBTI laws in the world".
The law imposes life imprisonment for those who perform homosexual acts or allow a person to perform such an act on them. Meanwhile, any attempt to do so leads to a sentence not exceeding 10 years.
The death penalty would be imposed if the individual committed aggravated homosexual acts against children and the elderly, and the law imposes 10-year imprisonment for those who engage in same-sex marriage formally or informally.
The law also allows employers to disqualify child care or vulnerable person care if they are convicted of the offence of homosexuality or aggravated homosexuality.
With the fear of prosecution coupled with conservative values, he pointed out that it is common for families and employers to kick LGBTI people out, or if parents find out that their children have such an identity, they would bring them to the church for therapy hoping they could turn straight.
Even worse, although his identity is straight, he is obliged by the law to report the act of homosexuality to the police, especially if there are reasons to believe intention to commit an offence against children or the vulnerable. Otherwise, he may be subject to a fine or jail, not exceeding five years.
"With this law, it has made many LGBTI Ugandans decide to seek asylum in other countries to save their lives," he added.
