GiveOut launched the LGBTQI Legal Aid Fund back in 2022. Our aim was to mobilise law firms in the UK, namely Travers Smith, A&O Shearman, Latham & Watkins, Jones Day, and Milbank, to support LGBTQI organisations using the law and courts to advance equality in some of the hardest places to be LGBTQI. Since the fund’s launch, law firms have been working closely with our grant partners to provide not just financial support, but also pro bono legal support. Through the fund, GiveOut has been linking law firms to our grant partners where there is a specific need for legal support. This has ranged from providing legal analysis and research expertise, to reviewing draft bills that are potentially harmful to LGBTQI people.
Tackling Discriminatory Laws in Malaysia
In Malaysia, LGBTQI individuals face significant legal and social discrimination, with laws that criminalise same-sex relations and societal pressures that further marginalise them. Legal Dignity, led by Andi Suraidah, is addressing these challenges by advocating for LGBTQI rights, particularly through legal reforms and support for LBTQ women who are often left out of mainstream narratives.
With support from one of our Legal Aid Fund partners, Legal Dignity undertook a research project analysing access to justice for LGBTQI individuals. The project includes legal analysis, case studies, and interviews, shedding light on the systemic barriers faced by LGBTQI people in Malaysia’s legal system. Legal Dignity will use the insights gathered to advocate for policy changes and legal reforms aimed at protecting LGBTQI rights.
“Our partnership has been instrumental in providing Legal Dignity with [an] expert legal lens and editing support, particularly in our ongoing participatory action research project on legal cases involving LGBTQI persons in Malaysia,” says Andi. “This collaboration has significantly bolstered our capacity to analyse complex legal issues and prepare a robust report. The pro bono assistance also allowed us to ensure that international human rights standards are reflected in our advocacy.”
Legal Dignity’s work is crucial in a country where LGBTQI people risk legal repercussions and social exclusion. The findings from this project will be pivotal in pushing for a more inclusive legal system that recognises and protects the rights of all citizens, regardless of their sexual orientation or gender identity.
Advocating for Inclusive Legislation in Guyana
GiveOut’s LGBTQI Legal Aid Fund has also enabled a partnership between SASOD Guyana and the law firm Jones Day. A human rights organisation, SASOD Guyana advocates for the rights of the LGBTQI community in Guyana and the Caribbean. The country does not have discrimination protections for LGBTQI individuals, and colonial-era laws criminalise same-sex relationships, giving rise to a variety of legal and societal challenges.
SASOD Guyana has been particularly concerned that the government’s draft Data Protection from Harassment Bill (“DPHB”) is not LGBTQI-inclusive. Community members in Guyana face harassment based on their sexual orientation, gender identity, gender expression, and sex characteristics.
Jones Day worked with SASOD Guyana to conduct a comprehensive review of the draft bill. Jones Day’s expertise has been critical in analysing whether the bill meets international human rights standards, focusing on key areas like enforcement mechanisms and provisions for protecting marginalised groups.
“The quality of this legislative review is outstanding,” says Joel Simpson, Managing Director of SASOD Guyana. Jones Day’s assistance has enabled SASOD Guyana to ensure that their recommendations align with international human rights standards while addressing local challenges.
The proposed changes include strategic language adjustments to better reflect the realities faced by queer and trans people in Guyana, highlighting the importance of inclusive legal language that fosters equality and protects marginalised communities. As SASOD Guyana and partners prepare to defend their recommendations to the government, this collaboration serves as a critical step toward ensuring that the Harassment Bill reflects the needs of all citizens, particularly those from marginalised groups.
These partnerships underline the vital role that pro-bono legal support plays in advancing LGBTQI rights globally. By connecting local organisations with global law firms, GiveOut is enabling these organisations to push for necessary legal reforms, strengthen their advocacy, and ensure protections for marginalised communities.