Posts Tagged ‘LGBTI’

17 May was International Day against Homophobia: COVID-19 makes things worse

May 18, 2020

The commemoration on 17 May comes as the world continues to battle the COVID-19 pandemic which has increased the vulnerability of lesbian, gay, bisexual, transgender and intersex (LGBTI) people. On the eve of the International Day Against Homophobia, Transphobia and Biphobia (IDAHOBIT) a large group of United Nations and international human rights experts (for names see the link below) call on States and other stakeholders to urgently take into account the impact of COVID-19 on lesbian, gay, bisexual, transgender and gender diverse (LGBT) persons when designing, implementing and evaluating the measures to combat the pandemic.

…..
COVID-19, and the measures taken to address it, exacerbate inequalities and discrimination. The existence of criminalization laws, for example, makes LGBT persons more vulnerable to police abuse and arbitrary arrest and detention in the context of movement restrictions and curfews. While contributing to the fight against the pandemic by staying at home, LGBT children, youths and elders are forced to endure prolonged exposure to unaccepting family members, which exacerbates rates of domestic violence and physical and emotional abuse, as well as damage to mental health. In many jurisdictions, LGBT persons, particularly those most impoverished or without proper documentation, rely overwhelmingly on informal economies made impossible by COVID-19 restrictions. The socio-economic consequences of the pandemic and the loss of income might also increase the vulnerabilities of LGBT persons to human trafficking and sexual exploitation. The reallocation of health resources has also created or exacerbated shortages of antiretrovirals for those living with HIV, while also impacting the ability of trans men and women to receive hormonal therapy or gender-affirming care. Gender-based curfew laws and policies have reportedly condemned gender-diverse persons to permanent seclusion while making trans individuals targets for humiliation and violence when going out.  

The pandemic has also created a context conducive to increased persecution. Some States have enacted measures which intentionally target LGBT persons under the guise of public health, including proposing legislation to deny transgender and gender diverse persons of their legal recognition. Hate speech explicitly or implicitly inciting violence against LGBT persons has been on the rise, including discourse by prominent political or religious leaders blaming the pandemic on the existence of LGBT persons in the community. Surveillance and other digital technologies enacted to track COVID-19 carriers increase risks of infringing privacy and exacerbating stigma.

………We therefore urge States and other stakeholders, on the eve of this 17 May 2020 and in times of COVID-19, to give visibility to and protect LGBT persons in the context of the pandemic. We call on States to pursue all means necessary – including conducting research, adopting legislation, public policy, and ensuring access to justice mechanisms – 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 orientations and gender identities. We urge all stakeholders, particularly States, to urgently implement lines of action designed to sustain and ensure the continuity of the work of civil society and human rights defenders – the capacities existing within this sector must not be put in peril. And, to effectively meet these objectives, we urge States to engage with LGBT persons, organizations and communities in the design, implementation and evaluation of the measures adopted to respond to the pandemic.The history of LGBT persons, like others subjected to discrimination and violence, has been one of suffering, endurance and hope – a vital struggle for freedom and equality in the face of singular adversity. During the COVID-19 pandemic, we call upon State authorities to listen to the particular concerns of LGBT persons, respect their expertise over their own lives and communities, and accept their solidarity in the construction of new realities of freedom and equality for humankind. 

Already facing bias, attacks and murder simply for who they are or whom they love, many LGBTI people are experiencing heightened stigma as a result of the virus, as well as new obstacles when seeking health care,” added UN SG Guterres. There are also reports of COVID-19 directives being misused by police to target LGBTI individuals and organizations.”

“LGBTI people are often exposed to additional stigma, discrimination and violence, including when seeking medical services – and perhaps saddest of all, within their own families during lock-downs. They are also in some places being treated as scapegoats for the spread of the virus,” UN High Commissioner for Human Rights, Michelle Bachelet said. Referencing the theme for the international day, Ms. Bachelet urged everyone to stand up against hate and ‘break the silence’ surrounding the discrimination and violence suffered by LGBTI people.

See also: https://humanrightsdefenders.blog/2017/05/21/nine-things-everyone-needs-to-know-about-international-lgbti-rights/

https://www.coe.int/en/web/commissioner/-/covid-19-the-suffering-and-resilience-of-lgbt-persons-must-be-visible-and-inform-the-actions-of-states

https://news.un.org/en/story/2020/05/1064232

Front Line Defenders publishes its Annual Report for 2019

April 22, 2020

Front Line Defenders just published ‘Dispatches 2019′  its annual magazine showcasing the work the organisation is doing to support human rights defenders. Together with Global Analysis 2019 (on which I reported already: https://humanrightsdefenders.blog/2020/01/14/front-line-defenders-global-analysis-2019-is-out-304-hrds-killed/), it offers a valuable reminder of the courage of human rights defenders in driving positive social change around the world and maintaining hope in the face of enormous adversity:

Over the last year, Front Line Defenders has continued to expand its support to human rights defenders most at risk. In 2019, FLD provided rapid and practical support to 2,307 human rights defenders and 366 organisations in 117 countries. Through the Protection Grants programme alone, FLD provided direct support through 626 grants totalling over euro 1.5 million to HRDs facing urgent threats, an increase of 17% compared to 2018.

As highlighted in its 2019-2022 Strategic Plan <https://www.frontlinedefenders.org/en/strategic-plan>, it is an organisational priority to support most-marginalised HRDs, including women human rights defenders, LGBTI rights defenders and defenders working on land, environment and indigenous peoples’ rights. Some examples of that commitment in 2019 include the provision of an unprecedented number of protection grants to environmental rights defenders (+51%), the presentation of the Front Line Defenders Annual Award to five LGBTI+ Rights Defenders, the beginning of a new learning and consultation process focused on defamation facing women human rights defenders at risk, and the publication (with Irish writing centre Fighting Words) of the anthology Yes, We Still Drink Coffee, Stories of Women Human Rights Defenders.

A highlight of 2019 was the biennial Dublin Platform <https://www.frontlinedefenders.org/en/2019-dublin-platform> , bringing together 114 HRDs at risk and over 100 other international stakeholders. We hope that the encouragement and support shared by so many brave HRDs from around the world during the Platform can help sustain and energize them for the challenging months ahead.….As the COVID-19 crisis further develops and impacts on human rights defenders (https://www.frontlinedefenders.org/en/statement-report/defending-rights-during-pandemic-impact-covid-19-safety-and-work-human-rights)  and those they work for, Front Line Defenders has been taking necessary measures to ensure that our support to HRDs at risk can be maintained. See also: https://humanrightsdefenders.blog/2020/04/10/policy-response-from-human-rights-ngos-to-covid-19-front-line-tips-for-human-rights-defenders-working-from-home/….And to continue providing a platform for HRD voices, even when convening is not possible, FLD has re-launched its podcast series “Rights on the Line” <https://open.spotify.com/show/2v4KDqlWf0I2uFNninRl6A>  – new episodes will be launched each week.

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https://www.frontlinedefenders.org/en/resource-publication/dispatches-2019

Human Rights Day 10 December 2019: an anthology

December 11, 2019

International Human Rights Day, 10 December 2019, was celebrated or observed all around the world and there is no way to report on every event. Stil to add flavour here a selection of some 14 smaller and bigger events – for more details follow the links provided (and for last year’s anthology see references at the end):

There was of course the annual statement by UN High Commissioner for Human Rights Michelle Bachelet Rightly, these young people are pointing out that it is their future which is at stake, and the future of all those who have not yet even been born. It is they who will have to bear the full consequences of the actions, or lack of action, by the older generations who currently run governments and businesses, the decision-makers on whom the future of individual countries, regions and the planet as whole depends…We have a duty to ensure young people’s voices are heard. The Universal Declaration of Human Rights, adopted by the UN General Assembly on 10 December 1948, was a firm commitment by States to protect the rights of everyone – and that includes making it possible for future generations to uphold human dignity, equality and rights…..Climate harms will not be halted by national borders – and reactions based on hostile nationalism, or short-term financial considerations, will not only fail: they will tear our world apart. The struggles for climate justice and human rights are not a political quarrel. This is not about left or right: it is about rights – and wrongs… We need to mobilise across the world – peacefully and powerfully – to advance a world of rights, dignity and choice for everyone. The decision-makers understood that vision very clearly in 1948. Do they understand it now? I urge world leaders to show true leadership and long-term vision and set aside narrow national political interests for the sake of everyone, including themselves and all their descendants.

Pakistan: Human Rights Defenders asked the government to make serious efforts to provide fundamental rights. Human rights, labour rights and civil society activists called upon the government to make serious efforts for the provision of fundamental human rights and freedoms, especially the freedoms of association and expression, enshrined in the Constitution of Pakistan and the Universal Declaration of Human Rights. Addressing a joint press conference at the Karachi Press Club to mark International Human Rights Day, PILER joint director Zulfiqar Shah, human rights activists Naghma Shaikh and Saeed Baloch representing the Sindh Human Rights Defenders Network said the government should ensure the restoration of the freedom of expression and the freedom to association. They demanded that the government should bring in a law to protect the rights of human rights defenders as they stood up for the voiceless people…. They also demand fully restoring the freedom of expression, as it was a constitutional right of the people to express their thought. Access to the information right must be ensured, they said.

India: Activists say NHRC urgently needs to protect human rights defenders. The National Human Rights Commission should proactively protect the rights of ‘human rights defenders’, said activists at the national convention on rights of Dalit and Adivasi rights defenders in the capital on Tuesday. Human Rights Defenders appealed to the commission to proactively intervene in cases where the works of Dalit and Adivasi organisations were being obstructed. Activists said there were a growing attack on human rights defenders in India and said the need of the hour was collective action….On Human Rights Day, the convention highlighted the importance of the work of human rights defenders. Despite the country having national human rights institutions and over 160 state human rights institutions dealing with human rights, women, children, minorities, SCs, STs, right to information, persons with disabilities, and safai-karamcharis, these institutions have often failed to protect the human rights defenders, activists said. In addition to the usual challenges, women human rights defenders face gender-specific violations, such as rape and sexual violence which are used as tools for harassment, said activists. Caste discrimination has also presented a greater danger for women rights defenders belonging to the Dalit and Adivasi communities.

Cambodia: The Khmer Times reported that very differing opinions on the status of human rights in the Kingdom became apparent as various groups marked Human Rights Day at two venues in the capital. About 400 government officials and youth group members marked the day’s 71st anniversary at the Cambodia-Korea Cooperation Centre, while about 2,000 unionists and members of the public marked the day at Freedom Park.

Keo Remy, president of the Cambodian Human Rights Committee, at the CKCC said the government has always paid attention to the rights of citizens. “Our leaders prioritise peace and stability,” Mr Remy said. “Youths can make the country chaotic because of the words democracy and human rights. That is why we focus on youths and stability.” while..

Ath Thorn, president of the Coalition of Cambodian Apparel Workers’ Democratic Union, at Freedom Park said respecting the rights of workers has decreased over the years and it is a source of concern for many. “We see that respecting workers’ rights has decreased – investors do not pay attention to workers,” Mr Thorn said. “Investors need to consider the rights of workers.” He said garment factory workers are faced with decreasing salaries, overtime work, discrimination, short-term contracts, violence and imprisonment. The Cambodian Centre for Human Rights in a statement said the government has taken action to curb issues surrounding human rights, but it has not done enough. “We call on the government to encourage the celebration of Human Rights Day in Cambodia and acknowledge the benefit human rights have on society as a whole,” it said. “We implore the government to cease all arbitrary action and targetting of human rights defenders.” The CCHR also called for the charges against two former Radio Free Asia journalists and Kem Sokha to be dropped.

Palestine: the Addameer Prisoner Support and Human Rights Association reported that Palestinians marked International Human Rights Day following a year of nonstop violence and widespread human rights violations by Israeli Occupation Forces (IOF), against the Palestinian population used, as a form of collective punishment and a method to control Palestinian society. These consistent and systematic policies by the occupation include, extrajudicial executions and issuance of discriminatory legislations, mass arrests campaigns, torture, administrative detention, and medical negligence against Palestinian political prisoners…..In 2019, the (IOF) continued its crackdown and repression of human rights defenders. Currently, Addameer faces gag orders against around 40 of the cases they represent, who are in interrogation. The gag order prohibits us from releasing any information to the public regarding their detention status, or face grave consequences.

Philippines: Groups under the Ecumenical Voice for Human Rights and Peace in the Philippines (Ecuvoice) has submitted its first wave of reports on the human rights situation in the Philippines to United Nations Commissioner on Human Rights Michelle Bachelet on Monday, Dec. 9. This is in line with Resolution 41/2 which was adopted by the UN Human Rights Council (UNHRC) in July this year. “With the intensifying transgressions on the Filipinos people’s political rights and civil liberties, we are participating in this report-making process of the UN High Commissioner for Human Rights to pursue justice and accountability,” the convenor of Ecuvoice, Edita Burgos, said.

while

the international trade union movement was using international human rights day to call attention to the alarming attacks on human and labour rights defenders in the Philippines. The government’s targeting of trade unionists has been ramped up recently with fresh waves of arrests and violence. The international trade union movement is united in calling on the government to stop the attacks. The government is targeting labour activists through a practice known as red-tagging. By falsely identifying people who speak out against the government as associated to armed militia groups, the government purposely targets them with harassment and arrests and exposes them to violence and even murder….The International Labour Organization (ILO) has resolved to send a High-Level Tripartite Mission to the Philippines to investigate the human rights situation, but despite the urgency, the government has yet to receive the Mission. The international labour movement is undertaking solidarity events across the world to demand an end to the human rights abuses and the targeting of trade unionists. The ITUC has requested to meet with the representative of the Philippines to the EU on Human Rights Day and has outlined three key demands.

Turkey. Amnesty International Turkey and MetroPOLL Strategic and Social Research Center have jointly conducted a Survey on Perception of Human Rights. The results of the survey have shown that when they hear the expression of “human rights”, 65.2 percent of the participants think of “right to life” first. While “freedom of expression” comes to the minds of 33.5 percent, the right to a fair trial ranks third with 22.1 percent. According to the survey participated by 2,651 people from 28 cities and conducted in a face-to-face manner, 82.1 percent of the society think that fundamental rights and freedoms are violated in Turkey. Of these people, 58 percent say that fundamental rights are occasionally violated and 42 percent say that they are frequently violated. 62.6 percent of the participants are of the opinion that fundamental rights and freedoms are restricted in Turkey. While 72 percent of the young participants think that fundamental rights and freedoms are restricted, this rate falls as the age of the participant gets older. For more detials see the full report.

China:  posted an interesting piece in China Digital Times on how the Chinese government defends if record on human rights and how others see this. Here one excerpt out of manY:

On Tuesday, International Human Rights Day, spokesperson Hua Chunying mounted a familiar defense of China’s rights record at the Ministry of Foreign Affairs’ regular press conference …and went on to note that the MoFA and State Council Information Office would host the “2019 South-South Human Rights Forum” this week “with a view to adding new dimensions and injecting impetus into exchange and cooperation in the field of human rights.” ….. At Hong Kong Free Press, the Uyghur Human Rights Project’s Omer Kanat commented on the ‘South-South Human Rights Forum’ hailed by Hua Chunying,…… Among the enablers of Xi Jinping’s repression are states with disreputable recor[ds attracted to a possible exemption from universal standards that ‘human rights with Chinese characteristics’ affords. And again, if we could freely ask the populations who reside in these states how they feel about such a concept, there would be few advocates. Therefore, on Human Rights Day, we have a responsibility to defend those who defend universal values and be clear ‘never again’ has meaning. There is injustice everywhere and we must fight it. Uyghurs are among them, for example, the imprisoned Ilham Tohti, and in exile , Nury Turkel, Rushan Abbas, and Gulchehra Hoja, whose families have been detained and disappeared in East Turkestan because of their advocacy. The second ‘South-South Human Rights Forum’ is opening in Shanghai for this year’s Human Rights Day. The dangerous fiction of the ‘Beijing Declaration’ that there are exceptions to the universality of rights should be firmly resisted.

Afghanistan ‘Human Rights’ should be more focused during peace talks. MENAFN (Afghanistan Times) reported that UN Special Representative for Afghanistan and head of UNAMA, Tadamichi Yamamoto, in a gathering has expressed concerns regarding the human rights achievements, saying that these gains should be saved in the ongoing negotiation with the Taliban. He called on the National Security Council to consider perseverance of human and civil rights in talks with the Taliban, adding ‘Afghanistan Independent Human Rights Commission’s role is very important in the peace process, every voice that raise should be heard and rights of the victims should be observed.‘.. Moreover, head of AIHRC, Shaharzad Akbar has called on the Taliban to legislatively recognize the values of human rights. …There are massive concerns about the violation of achievements of human rights and freedom of speech in the peace negotiation with the Taliban militants. The Taliban has back in 1990 ruled Afghanistan with the sever restriction on girls and school students. The cultural Taboos and less freedom of women are one of the other key issues that have brought sever concerns from Afghan and foreign officials.

The NGO WITNESS used the occasion to publish its ANNUAL REPORT which looks at key successes from July 2018-June 2019 (fiscal year 2019). See the video clip:

Malaysia. “What happened to Harapan’s vow to improve human rights?” asks Jasmine Cho in an open letter:…’When Pakatan Harapan won a dramatic victory in the GE14 elections, they vowed to steer the country forward with human rights as one of their top priorities. However, since their win, we have seen a heavy regression in the area. The kind of regression that has gotten us worried about our present and our future as a modern, fair, and humane nation. From the Suaram 2019 report, several areas of abuse were glaring. One was the treatment of prisoners. The government has yet to abolish the Security Offences (Special Measures) Act 2012, the Prevention of Crime Act 2015 and the Dangerous Drugs (Special Preventive Measures) Act 1985……….The list of human rights abuse is getting longer and the frustration we feel with our government is reaching boiling point. Malaysia is considered a modern and democratic country, so why are we so far behind when it comes to human rights? The government should stop pandering to the religious majority and stop focusing on external matters. The rights of the rakyat are being abused.

Netherlands/Sri Lanka. The Dutch Ambassador Gonggrijp spoke at an event for Human Rights Day 2019 organized by Equal Grounds Sri Lanka saying inter alia:

Sri Lanka has recently known a long period of conflict, during which human rights were under pressure. The reconciliation process after the end of the war has been slow. And I hear people say: what is the point of looking back, let’s move forward. To my opinion it is about recognition and human dignity. To that respect we should also recognize the progress that has been made: the Office on Missing Persons has been mandated to restore the rights of every Sri Lankan of any background, language or religion, to know what happened to their loved ones. And the work of the Sri Lanka Human Rights Commission, as an independent entity, mirrors the country’s commitment to uphold human rights and civil freedoms. The Netherlands supports this and stands ready to help Sri Lankan institutions like these with capacity building and technical expertise…..

The policy of Netherlands is aimed at 1) abolishing the criminalization of homosexuality, 2) opposing discrimination on the basis of sexual orientation and gender identity and 3) achieving wider social acceptance of gay people. In the Netherlands we have taken the first step of decriminalization a long time ago, but we are also still working on stopping discrimination and promoting acceptance. As I hope Sri Lanka will also take this first step in the near future, I also recognize that this will not solve all issues the LGBTI community is facing. It is key to inform people about the rights they have, regardless of their sexual orientation. To empower them to take responsibility, stand up or seek justice. It is also key to educate and make people from outside the community aware of the harassment and discrimination that people from the LGBTI community face. In order to also empower them to show solidarity and to take action if necessary. Every form of emancipation has been and still is a struggle. It starts with a ‘fight for your rights’. This is why this initiative of Equal Ground is so important, because – and allow me to quote again:

Mongolia / EU: Montsame reported that on the occasion of International Human Rights Day the Delegation of the European Union to Mongolia together with the Embassies of France and Italy presented European Union Human Rights Defenders’ Award (a national award!) to nine people, who are making their efforts to human rights protection…..Unfortunately, we are still observing human rights violations in many countries, especially gender and racial discrimination and discrimination in sexual orientation. Therefore, the EU Delegation to Mongolia, the Embassies of France and Italy and the Embassies of other countries are showing respect to human rights activists in Mongolia. Protection of human rights is one of main principles of the European Union, which defines its internal, and foreign policies and it is belonged to everyone. We will ever protect and encourage the people who endeavor for human rights, “ Ambassador of the European Union to Mongolia Traian Laurentiu Hristea said at the opening of the award presenting ceremony. The Ambassador also highlighted that the event will be traditionally held in the future.

MEXICO An indigenous activist who documented and denounced abuse committed by the military in Guerrero is this year’s winner of the National Human Rights Prize. Obtilia Eugenio Manuel was awarded the prize at Tuesday’s presidential press conference by National Human Rights Commission (CNDH) president Rosario Piedra Ibarra. The human rights chief said that among the military abuses that have been documented by Eugenio are the forced sterilization, sexual assault and sexual torture of indigenous women. Piedra also said the activist has received numerous threats and noted that she was abducted for four days earlier this year. ..“We don’t want one more rapist in our way,” Eugenio said, making a reference to the Chilean feminist anthem that has been performed around the world in recent weeks. Also at Tuesday’s press conference, Piedra recognized the human rights work of Margarito Díaz González and presented an award to his widow, Modesta Chávez de la Rosa. A former member of the Wirikuta security council and an advocate for environmental and indigenous rights, Díaz was murdered in Nayarit last year. Piedra recalled that the activist opposed the construction of a dam and other projects in San Luis Potosí and the development of Canadian-owned mines on sacred sites of the Huichol people.

 


If you are interested to compare with last year, see:

https://humanrightsdefenders.blog/2018/12/10/human-rights-day-2018-just-an-anthology/

https://humanrightsdefenders.blog/2018/12/11/human-rights-day-2018-anthology-part-ii/

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http://bianet.org/english/human-rights/216920-82-1-percent-of-society-think-that-fundamental-rights-and-freedoms-are-violated
https://chinadigitaltimes.net/2019/12/china-defends-record-on-international-human-rights-day/
https://menafn.com/1099401711/Afghanistan-Human-Rights-should-be-more-focused-during-peace-talks
https://ar2019.witness.org/
https://www.malaysiakini.com/letters/503280
https://www.netherlandsandyou.nl/latest-news/news/2019/12/11/human-rights-day-2019
https://akipress.com/news:630675:EU_Human_Rights_Award_presented_to_nine_people_in_Mongolia/
https://mexiconewsdaily.com/news/human-rights-prize-winner-documented-abuse-by-military/

Meet Marisa Hutchinson of the Association EQUALS in Barbados

November 10, 2019

On 22 October 2019 ISHR published this interview with Marisa Hutchinson, Board member of the Association EQUALS in Barbados

Victor Madrigal-Borloz, the U.N. independent expert on sexual orientation, speaks out

October 31, 2019

Victor Madrigal-Borloz
Victor Madrigal-Borloz, the U.N. independent expert, is now in residence at Harvard Law School. Kris Snibbe/Harvard Staff Photographer

Costa Rican magistrate Victor Madrigal-Borloz has served for the past 21 months as the U.N. independent experton protection against violence and discrimination based on sexual orientation and gender identity. The Gazette interviewed Madrigal-Borloz, who is the Eleanor Roosevelt Senior Visiting Researcher with the Human Rights Program at Harvard Law School, to talk about his work and his hopes for the future:

GAZETTE: Why did you decide to take on this role?

MADRIGAL-BORLOZ: I have been working in the field of human rights for over 20 years and I saw the possibility to bring about substantial change. The topic bears a lot of significance to me, as a gay man myself. I have been working on these issues for over a decade, first at the Inter-American Commission [on Human Rights] and now at the global level. I have seen many people suffer as a result of stigma and discrimination, and this was a once-in-a-lifetime opportunity to do something about it and put my skills at the service of a cause.

GAZETTE: What did your report find in terms of the root causes of violence and discrimination against LGBT people?

MADRIGAL-BORLOZ:There are primary and secondary root cases. First, there is the notion that societies are structured around certain power relations, which have been designed in relation to a person’s sex. Your role in society is determined by your genital configuration. That’s a very basic construction, and all forms of violence and discrimination come from a defense of those power relations. The other factors come from mechanisms that aim to protect those power relations, such as the idea that gay, lesbian, or trans people don’t exist, and the stigma around them, which is enabled through the message that gay, trans, bisexual, and lesbian people are sick or mentally ill. The other aspect is criminalization. Same-sex relations are still criminalized in 69 countries, which means that, as of today, over 2 billion people live in countries where being gay or lesbian is illegal. Another factor is demonization expressed in the notion that somehow LGBT lives are sinful, immoral; that gays or lesbians cannot be good citizens. The idea is that at the end of the day, there’s something immoral about our existence, and that’s what all of us need to fight against.

GAZETTE: Of your findings, which ones struck you the most?

MADRIGAL-BORLOZ:What disturbs me is that in 2019 there are countries that are considering bringing back the death penalty for same-sex relations. There was a discussion in Uganda about it, and early this year Brunei Darussalam enacted legislation allowing the stoning of gay men. That, to me, is shocking. What I also find surprising is that there are environments that are actually extremely progressive when it comes to gender identity, but can be very restrictive when it comes to sexual orientation and vice versa. In Pakistan, for example, there is an extremely forward legislation on the recognition of gender identity, but sexual orientation is very much criminalized. Sexual orientation has always been a more challenging notion for societies, which in general have used the notion of a traditional binary, hetero-parental family as the nucleus of society, and this has been recognized in public discourse and in the law. But what we also know is that homosexuals, lesbians, and bisexuals have existed and sought happiness all throughout history.

GAZETTE: What policies or practices have been the most successful in the protection of LGBT rights?

MADRIGAL-BORLOZ: Anti-discrimination legislation with the words sexual orientation and gender identity is very important because it allows for all actors in the system to understand that a red line has been drawn and that shouldn’t be crossed. This creates the belief that lesbian, gay, trans, bisexual, or gender-diverse people are entitled to protection. Other good practices are policies aiming at promoting integration of LGBT people in society and campaigns to change hearts and minds.

Let me give you an example. About a year ago, the Inter-American Court of Human Rights issued an advisory opinion, OC-24, which determined that Costa Rica and other countries in the continent must implement same-sex marriage, and it gave a time frame for that. Despite the fact that this created great polarization in Costa Rica, the Costa Rican state has now put together a campaign called “Yes, I do,” or in Spanish, “Si, Acepto,” which focuses on the parents of gay and lesbian children and their reasons why they support gay marriage and why their children are entitled to happiness.

Another good measure is access to justice, and this means that judges have to actively seek to implement the principle of nondiscrimination when it comes to LGBT rights. That’s what the Supreme Court of India, the Supreme Court in Botswana, and the High Court in Trinidad and Tobago did when they voted to decriminalize gay sex in their respective countries.

GAZETTE:How do you explain the dramatic advances in the protection of LGBT rights in regions such as Latin America, where same-sex marriage is now legal in five countries?

MADRIGAL-BORLOZ:It’s the work of civil society and human-rights defenders and advocates who have fought relentlessly for their rights. I began working on these issues over a decade ago, and at that time the trans movement in South America was strong. An extraordinary trans activist in Argentina, Lohana Berkins, used to say that trans women must expose the audacity of their bodies to the society that fails to understand the fragility of their lives. The average life expectancy of a trans woman in Latin America is 35 years, and that’s what Berkins was talking about. It was her voice and those of other great fighters in the LGBT movement that forced people to see their humanity, and ensured that Argentina, Uruguay, and other countries in the continent have the most advanced legislation on legal recognition of gender identity.

GAZETTE:Which countries are the worst and best performers in terms of LGTB rights?

MADRIGAL-BORLOZ:I have a lot of resistance to ranking countries, because things change very fast. Most of these rights are not necessarily enshrined or written in stone; there are forces in societies that are quite keen on seeing them taken back. We live in times in which rising populism uses certain categories of people, such as LGBT communities, as pawns for their political objectives. But I can say that the most problems arise in the countries where gay sex is criminalized, and they are roughly distributed along the Caribbean, sub-Saharan Africa, some regions of Asia, and the Middle East. It’s not a small part of the world. Criminalization forces people to live underground, and often the situation of those whose existence is considered criminal is devastating. The killing of trans women, for example, has been invisible from public records because they are classified as men. And the levels of violence against lesbian women and gay men all over the world is worrisome.

GAZETTE: Why have there been more gains in protection of sexual orientation than gender identity, and what does it say about the possibility of social change?

MADRIGAL-BORLOZ:There is a certain concentration of power and influence within gay and lesbian, or cisgender, urban populations. They have been able to represent their valid agendas in the political debate. On issues of concern for the gay and lesbian urban upper and middle class, there has been more progress than on those concerning trans women or trans men coming from the countryside. But those gains show that social change is possible within one generation. Those of us who were born in the ’60s have seen the world change from a majority of countries criminalizing and pathologizing LGBT identities to a majority of countries embracing the richness that comes from diversity.

Social change is possible when the prime minister of Luxembourg speaks at the General Assembly last week, and declares “I was never hoping to be the gay prime minister. I just happen to be the gay prime minister.” When political leaders take part in a pride parade, they are changing the views that people have about LGBT people. I’ve had the honor of marching alongside Justin Trudeau in Vancouver, and the first lady of Costa Rica in pride parades. That makes me hopeful, but also the fact that the new generations have changed their paradigm of thinking; they embrace the notion that their existence is not determined by rigid notions of gender. That is a great source of inspiration.

But I worry that for some, the change will not come fast enough. Elderly LGBT people are suffering enormous health disparities, and after living their lives in inclusive environments, they are being forced to go back into the closet as they move to retirement communities that are not prepared to cater for their needs. They deserve happiness now.

GAZETTE: What would you like to see happening before your tenure as the U.N. independent expert ends in 2020?

MADRIGAL-BORLOZ:My dream is to see a world free of criminalization of same-sex relations by 2030. Given the fact that international human rights law considers criminalization of same-sex relations a violation of human rights, I see no reason why states would actually get away with continuing this practice past 2030. That’s what I like to dream about.

U.N. report takes global look at LGBT violence and bias

Lebanon losing its free haven status for human rights defenders?

October 14, 2019

UN Human Rights Council renews mandate on sexual orientation and gender identity!

July 14, 2019

On 12 July the ISHR reports with gusto the renewal of the crucial mandate for protection against violence and discrimination based on sexual orientation and gender identity

It calls it “another historic victory, not only for communities of diverse sexual orientations and gender identities, but for humanity as a whole: In a defining vote, the United Nations Human Rights Council adopted a resolution to renew the mandate of the Independent Expert focusing on the protection against violence and discrimination on the basis of sexual orientation and gender identity.

The resolution was adopted by a vote of 27 in favour, with 12 voting against and 7 abstentions.

The campaign calling on the Council to renew the mandate of the UN Independent Expert on SOGI was supported by 1,312 non-governmental organisations from 174 States and territories.

Created in 2016, the UN Independent Expert on SOGI has been supported by an ever-growing number of States from all regions of the world. The resolution to create and renew the mandate was presented by a Core Group of seven Latin American countries – Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico, and Uruguay. “The renewal of this mandate demonstrates how United Nations States’ support for tackling violence and discrimination against people of diverse sexual orientations and gender identities has grown tremendously,” said UN Trans Advocacy Week campaigners. “The Independent Expert is crucial in bringing international attention to specific violations and challenges faced by trans and gender-diverse persons in all regions.”

Although the renewal process had to overcome 10 hostile amendments, the core of the resolution in affirming the universal nature of international human rights law stands firm.

”A record number of organisations from every region imaginable has been calling for the renewal of the mandate of the Independent Expert,” said Tess McEvoy, Programme manager at ISHR. “His vital work will now continue and help make our societies more fair, equal and inclusive. We at ISHR are very proud to have been part of this process, along with several of our alumni,” continued Helen Nolan, Programme Manager at ISHR.

For more information, please contact Tess McEvoy at t.mcevoy@ishr.ch or Helen Nolan at h.nolan@ishr.ch

See also: https://humanrightsdefenders.blog/2019/06/14/guide-to-human-rights-defenders-issues-at-the-41st-human-rights-council-starting-on-24-june/

Profile of human rights defender Linda RM Baumann from Namibia

May 26, 2019

ISHR published on 25 Octpber 2018 this interview with Namibian women’s rights defender Linda RM BaumannWe carry out the universal responsibility to insure that all people are protected” affirms Linda RM Baumann in her interview with ISHR. Linda is strategic coordinator for Namibia’s Diverse Women Association (NDWA) and she advocates for LBT’s women rights.

Breaking news: 2019 Front Line Defenders Award to 5 LGBTI Human Rights Defenders

May 17, 2019

George Clooney: one man shows also carry risks..

May 14, 2019

I mentioned in a positive way George Clooney’s action in the human rights area, recently re Brunei [https://humanrightsdefenders.blog/2019/04/04/brunei-back-to-the-middle-ages-will-hotel-boycott-work/]. I believe his ‘instincts’ are good but there is always a danger with basically a ‘one-person’ outfit that there is insuffcient networking/research and that individual words trump wise statements. Michael Taylor for Reuters reports on 14 May 2019 that “George Clooney misfires among LGBT+ activists over ‘warning shot’ to Brunei neighbours“.  The key issue is that some Indonesian and Malaysian human rights defenders think that their countries – which have a modicum of democratic process compared to Brunei – should not be tarred with the same brush.

Oscar-winning actor George Clooney was criticised by LGBT+ activists after he called a boycott of luxury hotels owned by Brunei a “warning shot” to Indonesia and Malaysia should they consider introducing similar anti-gay laws.  “It sends a warning shot over to countries like Indonesia and Malaysia – who are also considering these laws – that the business people, the big banks, those guys are going to say ‘don’t even get into that business’.

But Clooney’s remarks sparked an online backlash as critics and regional LGBT+ activists pointed out major differences between Brunei and its Islamic neighbours. “I call on George Clooney and Hollywood to listen and work together with local activists and human rights defenders on the ground,” Numan Afifi, president of the LGBT+ advocacy PELANGI Campaign in Malaysia, told the Thomson Reuters Foundation. “Local activists have been putting their lives at risk on the ground working, for years,” Afifi said. “His statement, while well-meaning, might also be counterproductive for our case.”

Dede Oetomo, one of Indonesia’s most prominent LGBT+ activists and founder of LGBT+ rights group GAYa NUSANTARA, also questioned Clooney’s comments. “Malaysia and Indonesia are larger entities and have some democratic processes that although not perfect, they work,” Oetomo said. “Pressure from within is more possible in both countries, though it is frustratingly slow and protracted.”

http://news.trust.org//item/20190514105512-1ox5t/