Constitutional provisions on equality and non-discrimination apply to governments in their various functions (as employers, providers of services, and organisers of benefits). Non-discrimination provisions apply to the private sector only if the constitution or legislation extends the obligation to individuals and privately owned enterprises. As we shall see, few countries in the region extend non-discrimination provisions to include sexual orientation or gender identity.
Are LGBT organisations allowed to function? The establishment of organisations lobbying for the rights of LGBT individuals has been controversial in several of the jurisdictions under consideration, although Japan, South Korea and Taiwan have vibrant spheres of civil society. General human rights organisations, such as Amnesty International (and its local branches), Human Rights Watch and Forum Asia have been active on LGBT issues in the region, as part of their larger mandates. The International Gay and Lesbian Human Rights Commission and the International Lesbian and Gay Association have some activity in the region. The registration or incorporation of specific LGBT rights advocacy organisations has been blocked or difficult in parts of East Asia. For many years the only LGBT organisations in the region with offices and paid staff were concerned with health issues, almost exclusively HIV/AIDS. They had links to regional and international programs and grants, and usually had some working relationship with government health agencies. Typically they were legally registered, a normal requirement for receiving overseas funding. They often also functioned as representative organisations promoting LGBT rights.
This section discusses, on a country by country basis: (a) LGBT rights organisations, (b) their ability to host events, (c) anti-discrimination laws, and (d) high-profile test cases that have attempted to combat discriminatory policies or treatment.