Table: Relevant laws in the Asia-Pacific Overview of key laws in the Asia Pacific regarding dealing with: criminalisation of same sex sexual conduct between consenting adults; coverage of anti-discrimination legislation; and legal recognition of changes of gender identity. Name of the State Does anti-discrimination law explicitly protect the rights of persons of diverse sexual orientation and gender identity? Does the law criminalise person on the basis of their sexual orientation of gender identity. Does the State enable official recognition of changes of gender identity from that assigned to a person at birth Yes/No Commentary Yes/No Commentary Yes/No Commentary 1. Afghanistan No – Yes Arts. 427 and 430 of the Penal Code. Sharia Law. No – 2. Australia Yes Equality is guaranteed irrespective of SO/GI by provincial laws. No federal anti-discrimination legislation exists. No – Yes Part 5A, Births, Deaths and Marriages Registration Act, 1995; Sexual Reassignment Act, 1988, subject to ‘unmarried status; and sex reassignment surgery. 3. India Yes Equality before law is guaranteed by the Constitution (rather than via anti-discrimination legislation) as a fundamental right and discrimination on the basis of sexual orientation is not permitted by Art. 15. No Decriminalised by a court verdict. No Transgendered individuals are permitted to declare their gender as 'other'. – Yes Yes Change of gender after reassignment surgery can be legally effected by a district court, based on jurisprudence after the case of Iwan Rubianto è Vivian Rubianto at the South Jakarta District Court in 1973. 4. Indonesia No ACJ Report: Human Rights, Sexual Orientation and Gender Identity The interpretation of the constitutional equality provisions is also as per the same court verdict. Note: the decision on s.377 of the Penal Code may be appealed Sharia law in force in one province (Aceh), penalizes homosexual conduct. Provincial criminal laws related to prostitution are used to target LGBT persons. 40