Episode 4: People who work to end violence and discrimination based on sexual orientation and gender identity (SOGI) face multiple forms of risk. They can be targeted for their actual or perceived sexual orientation or gender identity, and for being human rights defenders as well.
Karla Avelar is trans woman human rights defender from El Salvador who has been working since the 1990s to defend the rights of LGBTI persons, people with HIV and other marginalised groups. After being subjected to two and a half years in prison, where she was tortured, sexual assaulted and denied access to medical treatment, she began to work more intensely for the rights of LGBTI persons. She began by calling for appropriate provision of HIV medications and greater access to justice within El Salvador. In 2008 she founded COMCAVIS trans, El Salvador’s first organisation for trans women with HIV. In 2013, she was the first trans woman to appear before the Inter-American Commission on Human Rights. After multiple threats to her own life and that of her mother, she applied for asylum in Switzerland in 2017, where she now lives and continues her work. She was a finalist of the MEA in 2017 [see: https://humanrightsdefenders.blog/2017/05/16/trans-defenders-karla-avelars-life-is-under-constant-threat/]
Diversity in Adversity is a joint campaign by Mary Lawlor, UN Special Rapporteur on Human Rights Defenders, and Victor Madrigal-Borloz, UN Independent Expert on sexual orientation and gender identity. It will feature interviews with 10 SOGI rights defenders from all over the world; ordinary people engaged in extraordinary work. For more on this campaign, visit: https://www.ohchr.org/en/special-proc…
Human rights defenders pose at Kuchu Remembrance Day on Jan. 26, 2022, in honor of LGBT people killed. The event marked the launch of the planned David Kato Memorial Lectures in Kampala, Uganda. (Photo courtesy of Frank Mugisha)
The future “David Kato Memorial Lectures” were launched on 26 January 2022, during an event in Kampala organized by Hassan Shire, executive director of Defend Defenders, and Clément Nyaletsossi, United Nations Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association. That date, the anniversary of Kato’s death, has been commemorated by Ugandan LGBT people since 2020 as Kuchu Remembrance Day, a day to remember the lives of LGBT activists who have been killed because of their activism and sexuality.
David Kato was considered a father of Uganda’s gay rights movement and described as “Uganda’s first openly gay man.” He became highly involved with the underground LGBT rights movement in Uganda, eventually becoming one of the founding members of Sexual Minorities Uganda (SMUG) in 2004.
On 26 January 2011, Kato was murdered in his home in Bukusa, Mukono Town, by a man who hit him twice in the head with a hammer. Kato died en route to hospital. Nsubuga Enoch, the man who confessed to murdering Kato, was found guilty at Mukono High Court and sentenced to 30 years with hard labour on 10 November 2011.
In October 2010, Kato was among the 100 people whose names, addresses, and photographs were published by the Ugandan tabloid newspaper Rolling Stone in an article which called for the murder of homosexuals. Kato and two other SMUG members who were listed in the article – Kasha Nabagesera and Pepe Julian Onziema – sued the newspaper to force it to stop publishing the names and pictures of people it believed to be gay or lesbian. The petition was granted on 2 November 2010, and the court later ordered the newspaper to pay Kato and the other two plaintiffs 1.5 million Ugandan shillings each (approx. US$450 as of May 2012).
Giles Muhame, the paper’s managing editor, was defiant at the time. “I haven’t seen the court injunction but the war against gays will and must continue. We have to protect our children from this dirty homosexual affront,” Muhame said of the court’s decision against his paper.
Several homophobic attacks have happened since Kato’s murder, resulting in deaths, body injuries, property damage and displacement. In memory of Kato, his former colleague Frank Mugisha, the executive director of SMUG, released a video on Twitter in which he pays him tribute. “The memorial lecture will bring out the core values that Kato stood for,” Mugisha says.
In a tweet about the David Kato memorial lectures, SMUG writes:
“It’s been 11 years since we lost David Kato due to homophobia and transphobia. Today we remember and celebrate the life of a remarkable man, an outstanding Human Rights activist.”
On 15 January 2021 The International Service for Human Rights (ISHR) published a long interview with Alicia Wallace, a human rights defender from the Bahamas. Here it is in full:
“I remember to be hopeful, not because it feels good or because I am waiting for something to happen on its own, but because I believe in my own power and the magic we create when queer people, Black people, women come together to channel our rage, righteous and raw, into sustained action.”
The year is 2050. What does the world look like – in particular for women, Black people, LGBTI people?
We are making strides toward equality and we are centered in all decision-making processes. We are protected and respected. It is a norm for us to be in positions of leadership. Diversity is expected. We are as safe at night as anyone is during the day. We have access to education, healthcare, food, and housing. All of our needs are met. Redistribution of wealth is in progress. Our survival is not dependent on or propping up the capitalist system. We are defining justice for ourselves. We recognise ourselves as the source of our own healing.
How did your work help achieve the vision you just described?
My work provoked conversation. It made information, from academic theory to changemaking methodologies, accessible to everyone. I created spaces where people have been comfortable to question, critique, challenge, learn, share, and create. I developed tools for all of us to be able to think outside of the reality we used to know. We knew we were not bound to it because I put significant emphasis on imagination and future-making. I found a way to fight the injustice we faced and facilitate collaborative visioning, imagining, and creating. We channeled our rage, weaponised hope (inspired by the work of artist Angelika Wallace-Whitfield), and we came together to co-create the futures. I helped to create tools and systems to enable that practice.
Was there a defining moment in your life that motivated you to defend human rights?
I am a queer Black woman. I have student loan debt. I am unwaged. I am a survivor of violence. My life is a collection of moments that make it necessary for me to defend and promote human rights if I am to survive and leave the world better than I met it. Perhaps what prompts me to action is recognition of another important fact—I have privilege. I have had experiences I may never speak of, and I know that my circumstances could be a lot worse. It is important for me to use what I have to help us all get what we ought to have had a long time ago. For me, the defining moment happens over and over again, when I feel rage threatens to control my body, and I remember to be hopeful, not because it feels good or because I am waiting for something to happen on its own, but because I believe in my own power and the magic we create when queer people, Black people, women come together to turn channel our rage, righteous and raw, into sustained action.
Do you face any threats and attacks because of your work?
I’ve been experiencing rape and death threats for the past six years. Most of it has been online. The most troubling threats come following participation in direct action or agitation from people in positions of influence. In 2018, when I participated in the 71st session of the Committee on the Elimination of Discrimination against Women (CEDAW) in Geneva, a radio personality made dangerous statements about me on the air. The same person incited the first threats of violence against me in 2014, so I knew I needed to take it seriously. I made a report to the CEDAW focal point on reprisals, but the outcome was not favorable. A government representative called me to suggest I report the incident to the police, but did not offer support in doing so and could not cite an offense, according to Bahamian law, that I would be reporting. It was a ridiculous suggestion that gave me no help. The government, of course, reported its “action” to the UN, even claiming that I said I no longer felt unsafe. I told the focal point that this was untrue and that, at the very least, the government should have been instructed to publicly state its support for human rights defenders, enact hate speech and hate crime legislation, and direct the radio personality to cease and desist all reference to me and any other human rights defenders. It would have cost the UN nothing to support me and other human rights defenders by making these recommendations to the government. Instead, I am left to fend for myself in a place where I continue to live and work without protection, legal or otherwise.
On this see what was stated by Andrew Gilmour in December 2019: “The Bahamas responded to the allegations of intimidation and reprisals against woman human rights defender Alicia Wallace after she engaged with the Committee on Elimination of all forms of Discrimination against Women (CEDAW). She and her colleagues were subjected to hate speech by a well-known radio personality, the effect of which was to create an unsafe environment for Ms. Wallace and other women human rights defenders. The Bahamas affirmed its commitment to protect human rights defenders and ensure that they can engage freely with the UN. The delegation told the Council that authorities proactively provided assistance to Ms. Wallace to guarantee her safety.”[from: https://humanrightsdefenders.blog/2019/09/23/andrew-gilmours-2019-report-on-reprisals-it-gets-worse-but-response-remains-mostly-rhetoric/]
What could be done for you to be able to work safely and effectively?
Institutions and people in positions of power need to rebuke violence, harassment, and threats of violence. The State needs to enact legislation against hate crimes and hate speech. It needs to publicly state its support of human rights defenders, make it clear that the relationship between itself and advocates is complementary, not adversarial, and assert that it will protect us. The United Nations and other bodies in control of international mechanisms and reporting processes need to take responsibility for the safety and security of the human rights defenders it depends on to monitor and evaluate State action. These organisations need to raise the bar, calling States to higher standards. They have to make it clear to States and the general public that the safety and security of human rights defenders are a matter of priority before we are detained, disappeared, or murdered.
How has the Covid-19 pandemic affected your work?
It has, as predicted, increased the volume of work. People, especially vulnerable people, are suffering. The pandemic has created crisis after crisis, from domestic violence and unpaid care work to unemployment and disruption of education. In anticipation of the effects of COVID-19 and State actions in response to it, Feminist Alliance for Rights (FAR)—where I am a steering committee member—produced guidelines for feminist policymaking during this time. This is one of the most critical pieces of work I have contributed to this year. In addition, I have been engaged in rapid response, working on policy recommendations to end gender-based violence, and continuing the regular programming of Equality Bahamas. It has been a busy year, but one of learning and where I have been able to see and strengthen my own agility. Human rights defenders have to be able to anticipate, prepare, respond, pivot, assess, and revise at all times, and especially during the crisis. The work has intensified and been taxing, but I believe that we have learned more this year than we have in years gone by, people are more aware of inequalities, and in addition to getting more people on our team, we can get institutions to make substantive change.
You are the producer of a monthly newsletter called The Culture RUSH. How does fusing pop culture with social justice help achieve your vision?
I want people to understand the movement for justice and equality. I want to see a broader understanding of feminism, women’s rights, LGBTQ+ people’s rights, and the importance of centering vulnerable people in decision-making processes, programmes, and activities. We need more people on our team. That requires two main actions: communicating in clear, accessible ways, and meeting them where they are in order to deliver the message. Academic text, feminist theory, and the language of institutions and advocacy are not as appealing or accessible as pop culture. People know what’s going on in Cardi B’s marriage, Megan Thee Stallion’s friend group, and the lives of real housewives. If WAP gets us talking about women’s pleasure, let’s talk about women in rap, lyrics, and music videos. In The Culture RUSH, I make connections between pop culture and social justice. In January 2021, I am starting Scorch, a paid subscription newsletter breaking feminist theory and academic text down into digestible bites (similar to Blinkist). I’m excited about making human rights and social justice accessible and interesting to wider audiences. When people are interested, they’re more likely to get invested, and when they’re invested, we can convince them to take action with us. People power is how we win.
Thank you, Alicia!
Alicia A. Wallace is a queer Black feminist, gender expert, and research consultant. She is the Director of Equality Bahamas which promotes women’s and LGBTQ+ rights as human rights through public education, community programming, and advocacy. Her work has included a two-year educational campaign ahead of a national referendum on gender and citizenship, the design and coordination of Women’s Wednesdays—a month event series bringing women together to share knowledge and ideas—and management of a disaster relief donation and distribution center. Alicia is also a steering committee member of Feminist Alliance for Rights (FAR). She has a weekly column on social and political issues in the Bahamian daily newspaper The Tribune and has published academic papers.
Photo credits in order of appearance: Blair J. Meadows, Equality and Justice Alliance, Equality Bahamas
The statement addresses several issues, including:
the right to health;
the rise of stigma and discrimination and scapegoating of LGBTI persons;
access to housing, water and sanitation;
the right to work and impacts on livelihood; and
civic space restrictions.
While acknowledging that actions to combat the COVID-19 pandemic are urgent and necessary, signatories of the statement urge UN Member States and stakeholders to ensure that international human rights obligations are complied with, and specific vulnerabilities of LGBTI persons are taken into account, during the implication of such emergency response measures.
Five key recommendations to States and stakeholders are included in the statement, including:
ensure accessibility of health care and services to every person, including sexual and reproductive health, without discrimination of any kind;
comply with international human rights laws and standards when implementing emergency measures, following requirements of legality, necessity, proportionality and non-discrimination, including on the basis of sexual orientation, gender identity and expression and sex characteristics (SOGIESC);
guarantee that shelters are inclusive for all persons regardless of their SOGIESC and implement measures allowing LGBTI persons to report violence and discrimination suffered in a private context, including at homes and shelters;
ensure that emergency measures to address the socio-economic impacts of the pandemic, as well as recovery plans, are inclusive to LGBTI persons – especially to trans, older and homeless LGBTI persons; and
ensure access to national, regional and international systems of accountability. States and stakeholders should implement lines of action designed to sustain and ensure the continuity of the engagement of civil society and human rights defenders in UN bodies and mechanisms.
In its conclusion, the statement urges authorities ‘to ensure that this public health emergency will neither exacerbate existing misconceptions, prejudices, inequalities or structural barriers, nor lead to increased violence and discrimination against persons with diverse sexual orientation, gender identity and expression and sex characteristics.’
A report on how Ugandan LGBT rights defenders celebrated Kuchu Memorial Day was posted by Kikonyogo Kivumbi on 28 in ‘Erasing 76 Crimes’. Human rights defenders in Uganda have earmarked January 26 as Kuchu Memorial Day to remember and celebrate the life of David Kato and other LGBT human rights defenders killed because of their activism and sexuality.
Pastor Simon Anthony addresses the Kuchu Memorial Day service in Kampala. Kasha Nabagesera stands beside him. (UhspaUganda photo)
At a memorial church service on Sunday, 26 January in Kampala, human rights defenders paid tribute to David Kato (murdered that day in 2011, at his home).
The remembrance service was led by Pastor Simon Anthony, a senior pastor from The Fellowship of Affirming Ministries (TFAM) Uganda. The fellowship embraces all people with love, irrespective of their sexuality or any other considerations.
Otgonbaatar Tsedendemberelhas advocated for the rights of LGBT persons in Mongolia for many years. On 6 March 2017 the ISHR published the following interview with him:
I am a co-founder of LGBT Center of Mongolia and worked as Advocacy Program Manager and then Executive Director from 2009 to 2014. We conducted workshops and training on LGBTI rights to raise awareness among the general public and law enforcement officers, health professionals, NGOs, public and private schools, etc. LGBT Center also worked hard in cooperation with other organisations to become one of the leading rights-based civil society organisations (CSOs) in Mongolia, contributing to the overall civil society development in the country and the mainstreaming of LGBTI issues into human rights issues as a whole. One of the highlights of what we have done collectively is the successful use of UN mechanisms such as the Universal Periodic Review (UPR), Committee against Torture (CAT) and Human Rights Committee to make the Government of Mongolia acknowledge its sexual minorities for the first time, express its political will to protect our rights and commit to implement the UPR and treaty bodies’ recommendations.
What motivated you to become involved in human rights work?
Having lived, studied and worked in Japan for 7 years, I felt that I needed to contribute to the development of my own country. As a young gay man who has seen the world, I was optimistically ambitious and daring enough to slip my hand into a tiger’s mouth, as the Mongolian saying goes. However, the situation for the LGBTI community was quite bleak with no rights-based NGO for the community operating. Then I joined the Mongolian Red Cross Society and where I met other co-founders of the LGBT Center. My personal desire for a better future for LGBTI Mongolians, the invincible passions of the co-founders Robyn Garner and Anaraa Nyamdorj, and the remarkable feminists and human rights defenders of vibrant, active Mongolian civil society motivated and still inspire me to work on LGBTI issues at home and abroad.
What risks, challenges or threats do you face as a human rights defender in your country?
Together with fellow activists I appeared on TV shows and gave interviews especially before, during and after UN and domestic advocacy efforts. Personal risks involved automatically “outing” my friends, family members and everyone around me, and in the process passively encroaching upon their right to privacy. They were so understanding and loving that they endured the negative attitudes, threats and attacks. Most of these threats come from a lack of information and misconceptions about LGBTI people and issues, as well as fear of being associated in any way with sexual minorities. I had to deactivate my Facebook account a few years ago to protect my family and what’s left of my privacy. Nevertheless, the situation is getting better after all these awareness-raising activities and LGBT Center’s work with the government and civil society, and I think now the private sector needs to join the cause for the sake of a better future for all.
What is the legal situation for NGOs and human rights defenders in Mongolia? What changes would you like to see to create a fully enabling environment for their work?
The NGO Law of Mongolia allows many NGOs to emerge and operate. The LGBT Center struggled initially to be registered as a legal entity back in 2007-2009. Since then we have not had any issues with the authorities in terms of the NGO registration. However, there is no law that enshrines the rights of human rights defenders (HRDs). In addition to the challenges of engaging in human rights work, LGBTI activists further suffer verbal and physical abuse and intimidation, family pressure and violence, financial obstacles, housing difficulties and even terrible treatment by landlords of NGO offices. Therefore, we desperately need a state policy and legislation on human rights defenders.
Can you give some examples of how you have engaged with the UN Special Procedures?
Ms. Magdalena Sepulveda Carmona, UN Special Rapporteur on Extreme Poverty and Human Rights, made an official visit to Mongolia in 2012. I met her towards the end of her visit and updated her on the situation of the LGBTI community. Ms. Magdalena Sepulveda observed that “the recent economic achievements made in Mongolia has not benefited the country’s poor” and highlighted vulnerable groups, including people living with HIV (PLHIV) and LGBTI persons.
In 2013, the Special Rapporteur’s report was released, concluding that “there is a high level of inequality at a time when the country is experiencing a major economic boom.” Given the pervasive inequality affecting the LGBTI community and the government’s recently expressed political will, the Center was encouraged to collect our own data on how poverty affects the LGBTI community and its root causes so that our advocacy efforts would be better informed and effectively targeted.
What have you achieved through this engagement?
The study – “Poverty and the Lesbian, Gay, Bisexual and Transgender Community in Mongolia” – was conducted in 2014. Its main author Dr. A. Bulbul discovered that the unemployment rate of survey participants was 10.4%, higher than the official rate of 7.8% among the general population, and approximately 22% lived below the national poverty line. The study concluded that enabling a legal environment to ensure equal access to education and employment and changing public perception and attitudes was necessary. This study – inspired by the Special Rapporteur’s visit – was significant since we got to utilise the UN Special Procedures and started to gather evidence to better inform the public and the relevant officials in the government and international organisations for better advocacy.
How do you think using the international human rights system assists in achieving domestic advocacy goals?
International human rights norms and standards definitely guide defenders to identify gaps, to better use the mechanisms established and available for us and to network with other like-minded activists, scholars, diplomats and UN officials. I would also like to thank organisations such as ISHR, ARC International, OutRight Action International, ILGA, COC Netherlands, OSCE, Open Society Foundations and FORUM-ASIA which act as a bridge between us – local and national activists – and the international and regional human rights systems, allowing us to lobby our government and make our advocacy more effective through their financial and technical assistance and support.
What if anything could the UN do to make the Special Procedures system easier/safer for you to engage with?
From experiences of working as an activist at the UN in Geneva and New York, I know that the UN is a political institution. However, it has been reformed to genuinely ensure the representation and participation of civil society. The UPR is a prime example because it brought LGBTI issues to the attention of our government, leading to legal reform. I would like to see those who work in the Special Procedures’ teams be present both online and offline. Country visits by Ms. Magdalena Sepulveda and meetings with diverse stakeholders were truly amazing and productive. Online presence of UN Special Rapporteur on Freedom of Assembly and Association Mr. Maina Kiai, who listens to activists’ voices from the ground is absolutely impressive. And most importantly, I wish the UN work at the headquarters could be translated into the UN country offices as swiftly, effectively and efficiently as possible.
Jacobus was a human rights defender from Namibia who proudly defended and promoted the rights of of lesbian, gay, bisexual, trans and intersex people via Pan Africa ILGA. ISHR reported this in their ISHR Monitor of December 2016.
Profile of Jacobus Witbooi, human rights defender from Namibia, working at the Pan Africa International Lesbian, Gay, Bisexual, Trans and Intersex Association (PAI).
In June 2016 he completed ISHR’s Human Rights Defender Advocacy Programme and The Monitor of 27 June contained the following piece:
Jacobus Witbooi knows himself to be an ‘innate activist’ and says that his passion for human rights ‘comes from the inside.’ It has always been a strong part of who he is, taking up the challenge to advocate for those without a voice at a very early age. When still attending school, he recalls campaigning for education on safe sex and sexual health information and advice before it was even considered by national school policy makers.
‘Everyone knew that there were young people having unprotected sex, but they also didn’t have access to condoms, let alone information or advice from community health services about sexual health and safety, especially if they contracted a STI…They felt judged, couldn’t take steps to protect themselves or get help they needed.’
As he matured as a young professional he continued to pursue the issue and played a key role in eventually getting sex education on the national school curriculum in Namibia. He also helped to create a platform for young people to have a say in the design and evaluation of sexual and reproductive health programs, as well as assist health services to provide a caring and sympathetic environment for young people, enhancing accessibility.
Creating a network to drive change
Jacobus’ human rights advocacy journey has brought him to Pan Africa ILGA, a recently formed and rapidly expanding membership-based network for activists working to advance sexual orientation and gender identity rights. He delivers a continent-wide outreach strategy to small, grassroots LGBTI activists and defenders, helping to develop their skills and confidence to engage with both the UN human rights mechanisms and the African Commission on Human and Peoples’ Rights (the African Commission), and grow their ability to achieve meaningful and lasting human rights change.
The issue is close to his heart. He remembers coming out at a time in Namibia when it was unsafe, denied and denounced by all corners of the community.
‘I didn’t feel welcome in my own country, and was told I should leave.’
Whilst Pan Africa ILGA is rapidly expanding – it now has over 100 members – Jacobus is aware of the limitations his service can provide, and the needs of local LGBTI community organisations.
‘There’s a gap between the amount of work we can do to support local human rights activists, and how far we can teach them to carry forward UN outcomes and recommendations into their country.’
But he adds that he refuses to accept that it is a gap that cannot be closed. In May, Jacobus had a key part in delivering the third PAI regional LGBTI conference in South Africa. Bringing together 184 African delegates from over 34 African States, coming together to convene and share strategies, visions and fostering opportunities to collaborate. More encouraging, was the attendance of Government representatives and members of the African Commission, as well as National Human Rights Institutions.
Highlighting this significant social and political development, Jacobus points out that there is a growing support for sexual orientation and gender identity rights on the African continent, and is optimistic for the future of the LGBTI community. However, he knows there is a lot more work to be done.
‘I think this space we created was critical as a continent – sharing the success stories. But, how do we move this forward, and deal with the intersectionality of sexual orientation and gender identity issues?’
Expanding his human rights advocacy potential
He identified that one way forward for him was to better harness the UN international human rights mechanisms and expand his human rights advocacy potential and successfully applied to participate in the ISHR Human Rights Advocacy Programme.
‘It’s helped me a lot. I’ve broadened my understanding of available UN-mechanisms beyond the Universal Periodic Review alone. I’ve learnt that there is a wide range of approaches to doing human rights advocacy through the UN. This awareness combined with the confidence I’ve now gained will be vital for me on the ground back home.’
He has also noticed his own approach to engaging in human rights advocacy has transformed.
‘I’ve become more strategic now. Because I have a deeper understanding of the UN system, it means that I can use multiple mechanisms to get outcomes, such as the Treaty Bodies and the Special Procedures.’
Contributing to the first UN Resolution on Sexual Orientation and Gender Identity
With his training coinciding with the 32nd session of the Human Rights Council, Jacobus became heavily involved in contributing to the Working Group advocating and lobbying for a strong resolution on sexual orientation and gender identity. He describes this as,
‘My first real hands on experience advocacy at the Council, working with states delegations and diplomats, trying to bring across an argument that is sensitive and difficult to move on, and coming from a region where it is very difficult to even talk about. It has given me a better understanding of how these things work, what components come into play when these decisions are made.’
Samoa does not figure often in this blog. So, courtesy of the International Service for Human Rights (Monitor 2 May 2016), here is the profile of Tuisina Ymania Brown of the Samoa Fa’afafine Association which represents and promotes the rights of indigenous lesbian, gay, bisexual, transgender and intersex (LGBTI) people in Samoa. Read the rest of this entry »
The UN Human Rights Council will hold its 29th regular session at the United Nations in Geneva from 15 June to 3 July. Courtesy of the International Service for Human Rights, here is myselection of what is directly relevant to Human Rights Defenders:
– During the session, Norway, along with other States, will deliver a statement calling on all States to ensure that human rights defenders are able to carry out their vital work free from arbitrary detention and other restrictions. Read the rest of this entry »
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Pastor Simon Anthony addresses the Kuchu Memorial Day service in Kampala. Kasha Nabagesera stands beside him. (UhspaUganda photo)
Hans Thoolen on Human Rights Defenders and their awards 