There is a common understanding that LGBTQ+ rights and acceptance in Asia differs greatly from the rest of the world, with a widely held belief that the situation is far worse than in western countries. 

The state of LGBTQ+ acceptance in Asia is complex, and the landscape regarding LGBTQ+ rights varies greatly. For organisations with workplaces in Asia, understanding the differing local contexts is a first step in defining the important role they can play in improving LGBTQ+ inclusion.

The macro legal landscape

Despite popular belief, criminalisation of consensual same-sex sexual activity applies only in a handful of Asian countries, namely Bangladesh, Brunei, Malaysia, Maldives, Myanmar, Pakistan and Sri Lanka. Most recently Brunei and Singapore have repealed laws that apply to same-sex sexual activity, with Sri Lanka likely to follow later this year.

This means same sex relationships are  legal in over 14 Asian countries, including China, Indonesia, Japan and Nepal . 

However, only a handful of Asian countries have legalised same-sex marriage or provided legal protection for same-sex  relationships:

• Taiwan became the first country in Asia to legalise same-sex marriage in 2019 and Thailand looks close to following soon.  
• Nepal recognised same-sex relationships in 2007 and requires the government to provide legal protections to LGBTQ+ individuals. 
• In Japan, while same-sex marriage is not yet legally recognised at a national level, several municipalities have implemented partnership systems that provide some legal recognition and benefits to same-sex couples. 
• In the Philippines, same-sex marriage is also not yet legally recognised but efforts have been made to pass anti-discrimination laws. 
• South Korea has seen a growing acceptance of LGBTQ+ rights in recent years, with legalised same-sex relationships, although marriage is still not recognised. 

Varying degrees of inclusion across countries and generations

Legality, while important, does not necessarily lead to acceptance and inclusion. According to a 2021 survey conducted by the International Lesbian, Gay, Bisexual, Trans, and Intersex Association (ILGA World), acceptance of same-sex relationships varies significantly across Asia. While countries like the Philippines (73%), Japan (67%), and Thailand (58%) show relatively higher acceptance rates, nations such as Indonesia (9%) and Malaysia (9%) reflect significantly lower levels of acceptance.(*)

One interesting aspect to consider when exploring LGBTQ+ acceptance in Asia, is the intersection with age. Older generations tend to hold more traditional views and often struggle to embrace LGBTQ+ identities due to ingrained cultural norms and religious beliefs. In contrast, younger generations are generally more accepting and supportive of LGBTQ+ rights.

Data from a 2020 survey by the Pew Research Center shows a considerable generational gap in acceptance of homosexuality across several Asian countries. For instance, in Japan, 92% of individuals aged 18-29 expressed acceptance of homosexuality, while only 39% of those aged 50 and above held the same view. Similarly, in South Korea, the acceptance rate among the younger demographic was 88%, compared to only 18% among older age groups.

Asia faces unique cultural, religious, and political challenges that influence the acceptance of LGBTQ+ individuals. Conservative values, societal expectations, and the influence of religious institutions can impact progress towards LGBTQ+ rights. For example, in countries with a dominant religion like Islam, such as Malaysia and Indonesia, religious conservatism often impedes efforts for LGBTQ+ acceptance and equality.

Forward momentum: signs of progress

There have been notable advancements in LGBTQ+ rights and acceptance in Asia. Advocacy groups, human rights organisations, and the LGBTQ+ community have worked towards social change and legal reforms. Pride parades and LGBTQ+ events have gained visibility in several Asian cities, challenging social norms and fostering a more inclusive society. LGBTQ+ representation in media and entertainment has also played a significant role in increasing visibility and raising awareness. Shows like “Queer Eye Japan” and movies such as “Your Name Engraved Herein” (Taiwan) have contributed to shifting societal perceptions and initiating conversations about LGBTQ+ issues.

LGBTQ+ employees in the workplace

Given the challenging landscape across Asia, workplaces are often reluctant to engage in activities that focus on their LGBTQ+ employees. There is a misplaced belief that just because the act of same-sex sexual activity is illegal, discussing and engaging in LBGTQ+ inclusive programs or activities would also be illegal. However, there is actually a lot that workplaces can do, and they play a crucial role in improving LGBTQ+ inclusion and acceptance in Asia.

Laws that protect LGBTQ+ employees from discrimination and equal treatment are limited across Asia. Equaldex maps global employee discrimination for sexual orientation and gender identity, and it rates legal equality for LBTQ+ employees at just 15% in Asia, compared to 79% in Europe and 56% in North America. ILGA’s database tracks the existence of provisions that explicitly protect people from discrimination based on sexual orientation, gender identity, gender expression or sex characteristics in employment. Asia provision stands at just 7%, compared to 81% in Europe and 51% in Americas. 

Driving change: how organisations can help

Whatever the legal climate or provision, workplaces can still help in a number of meaningful ways. Below are four tips to guide organisations that aspire to initiate LGBTQ+ inclusion efforts but may be uncertain about where to begin.

1. Reviewing policies:

Developing and implementing policies that explicitly prohibit discrimination based on sexual orientation, gender identity, and expression. These policies should cover areas such as hiring, promotions, benefits, and workplace conduct. In countries where there are higher levels of acceptance, workplaces can embed these policies into daily behaviour through regular training sessions to raise awareness, promote understanding, and challenge stereotypes and biases. Rather than focusing on changing people’s values or belief systems, the focus lies instead on fostering empathy, respect and acceptance.

2. Revising employee benefits:

To ensure they are inclusive of LGBTQ+ individuals and their families. This may include providing equal access to healthcare, parental leave, and other benefits.

3. Setting up clear channels and procedures for reporting:

These are important to help address incidents of discrimination, harassment, or bullying based on sexual orientation or gender identity. They can ensure that LGBTQ+ employees feel empowered to come forward with their concerns, through providing anonymous whistle blowing processes, and that issues will be resolved.

4. Establishing Employee Resource Groups (ERGs):

For many LGBTQ+ employees, the workplace may be one of the only safe places for them. If there is psychological safety and a strong culture of inclusion, LGBTQ+ employees may feel comfortable being out at work when they are not at home, with family or in their general community. Establishing Employee Resource Groups (ERGs) provides a platform for LGBTQ+ individuals and allies to connect, support one another, and advocate for LGBTQ+ inclusion in the workplace.

By implementing these measures, workplaces wherever they operate in Asia, can contribute significantly to creating an environment that respects and embraces LGBTQ+ individuals, fostering diversity, and promoting equal opportunities for all employees.

Want to learn more about LGBTQ+ in Asian Workplace? 

• The Asia LGBT Workplace Equality Index: This index, developed by Community Business, assesses the inclusivity and support provided to LGBTQ+ employees in workplaces across Asia. It provides a comprehensive overview of policies, practices, and benefits offered by companies in the region.
• Human Rights Watch (HRW): HRW conducts research and advocacy on human rights issues, including LGBTQ+ rights, in various countries around the world, including Asia. Their reports often shed light on discrimination, legal frameworks, and challenges faced by LGBTQ+ individuals in different contexts.
• ILGA World: The International Lesbian, Gay, Bisexual, Trans, and Intersex Association (ILGA) produces reports and publications that cover LGBTQ+ rights globally, including in Asia. Their resources provide insights into legal frameworks, rights, and discrimination faced by LGBTQ+ individuals.
• United Nations Development Programme (UNDP): The UNDP publishes reports and studies on LGBTQ+ rights and inclusion in different regions, including Asia. These reports often cover topics such as discrimination, social attitudes, and policy recommendations.
• Local LGBTQ+ organisations and NGOs: Many local organisations in Asian countries work tirelessly to advocate for LGBTQ+ rights and provide support to the community. These organisations often produce research reports, surveys, and policy briefs specific to their respective countries. Examples include Oogachaga in Singapore, APCOM in Thailand, and Rainbow Action in Hong Kong.
• Academic research papers and studies: Scholarly articles and research papers from universities and academic institutions can provide valuable insights into LGBTQ+ issues in Asian workplaces. Platforms like JSTOR, Google Scholar, and academic databases can be useful for accessing such research.

(*)  It’s important to note that whilst laws do not necessarily prevent such activities, this does not mean that Employers are without risk of legal action being brought by individuals. We would always recommend taking local legal advice.