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African activists oppose cuts to Ugandan aid

‘Kill the Gays’ bill may return

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Responding to the anti-homosexuality bill in Uganda by cutting off international aid to the country might not be a good idea.

That was the message on Tuesday from LGBT activists from Africa who participated in a panel discussion on the impact of homophobia in developing countries at the World Bank Headquarters.

The panel was sponsored by several organizations — including UNAIDS, World Bank GLOBE, Inter-American Development Bank GLOBE and the Council for Global Equality — to observe the International Day against Homophobia and Transphobia.

Speakers expressed reservations about urging multilateral development institutions, such as the World Bank, to cut funding from Uganda if the country’s lawmakers make another attempt at passing a draconian bill that would institute the death penalty for homosexual acts.

Val Kalende, a lesbian Ugandan activist, said LGBT people in her country have been facing “a lot of backlash” because of international criticism over the proposed anti-gay legislation and cutting off aid may make that worse.

In January, David Kato, a gay activist who was working against the measure, was brutally murdered after a publication in the country identified him as gay.

“We don’t want our government to come up and start blaming us for the things that have been imposed on them,” Kalende said. “It’s not a question [to which] I can give a ‘yes’ or ‘no’ answer, but I think it’s important for us to think about how to create spaces of better dialogue in Uganda.”

Kalende said she’d rather see an internal grassroots approach in Uganda to confront the anti-gay bill if it comes up again as opposed to restrictions on international aid.

“This is an issue of ignorance, and we need to address that within the Uganda kind of context and culture,” Kalende said. “Because without that debate, I don’t think cutting aid would change anything in Uganda.”

Joel Gustave Nana, executive director of African Men for Sexual Health and Rights, said he would “think twice” about calling for cutting off international aid because it would reinforce the idea that Western countries are imposing homosexuality on Uganda.

“When a condition is put on funding … my president then in Cameroon will not protect LGBT rights not because he doesn’t think that LGBT people deserve to be protected, but just because he wants to stand up for his country,” Nana said.

In Malawi, Joel said Germany has put a condition to protect LGBT rights as part of funding to the country, which has only prompted the African country to refuse the aid.

“And the Malawian government has said, ‘OK, keep your money,'” Nana said.

Kalende also cautioned the international community against voicing a greater outcry against the anti-gay bill as opposed to other injustices in Uganda.

According to the Associated Press, opposition leader Kizza Besigye, who finished second in the country’s presidential election this year, has this week been placed under house arrest, although the government denies that he’s being detained.

“So we don’t want to present ourselves as special people, we don’t want to present LGBT rights as special rights, we want to create a culture where LGBT rights are deeply entrenched in human rights,” Kalende said. “And I think that is going to bring about the social change that we need.”

The anti-homosexuality bill, which was introduced by lawmaker David Bahati, failed in the country’s parliament after the session ended last week without a floor vote on the legislation.

But the measure, commonly known as the “Kill the Gays” bill, alarmed observers across the globe after a committee hearing took place on the legislation and it seemed ready for a floor vote.

International activists are fearful that the bill could come up again for a vote once the parliament reconvenes.

Mark Bromley, chair of the Council for Global Equality, said the legislation could make a return.

Mark Bromley, chair of the Council for Global Equality (photo courtesy of Council for Global Equality)

“Unfortunately, we are concerned that it will be introduced again,” Bromley said. “Nobody knows for sure, and we certainly hope that individuals who supported it in the last parliament in Uganda will recognize that it really did create intense concern internationally, and that if they were to introduce it again, Uganda really could become a pariah state in terms of its lack of attention to fundamental human rights.”

Rep. Barney Frank (D-Mass.), the longest-serving openly gay lawmaker in Congress, is among those calling on an end to multilateral development aid to Uganda should the country pass the bill.

“If the bill before the Ugandan parliament becomes law, it must be the policy of the United States government to oppose any aid to Uganda from the World Bank, the African Development Bank, or any other international financial institution of which we are a member,” Frank said.

According to Frank’s office, Uganda has received more than $2 billion in debt relief from the World Bank and the International Monetary Fund. Support for the country includes 23 active World Bank projects and 3 proposed projects.

In March, the House Financial Services Committee adopted an amendment introduced by Frank directing the Treasury Department to urge multilateral development institutions, such as the World Bank, not to offer aid to foreign governments that engage in gross violations of human rights against LGBT people and religious minorities.

But David Wilson, the World Bank’s global HIV/AIDS program director, said during the panel discussion that the act of cutting funds from a country is more difficult for the World Bank than it would be for a country such as the United States as part of a bilateral agreement.

“I think it’s harder for multilateral organizations who represent all the governments of global member states to take a clear cut lead on issues like that, but I think we’d often like to,” Wilson said. “I think it’s possible for the bilaterals to take a stronger stance than we are sometimes able to.”

Still, Wilson said calls for good governance and accountability could be “entry points” to take action against Uganda and said public pressure on the World Bank could prompt the organization to change its tune.

“Let me also make it clear that if there’s very strong bilateral pressure on the World Bank from its major investors, that’s likely to influence the position we take,” Wilson said.

Bromley said the decision isn’t an easy one on whether to cut funding from Uganda if the anti-homosexuality bill comes up again.

“Our response is generally that there is ‘no one size fits all’ answer to that question,” Bromley said. “There are certain investments that we think should not be conditioned once they’ve gone forward, but within that realm, there are certainly other investments that should not proceed in the face of extreme homophobia or transphobia.”

Bromley added that HIV/AIDS programs have been particularly effective in Africa and once the United States has made the commitment to put people on life-saving HIV/AIDS medications, those people should never be taken off as a result of the restriction of U.S. funds.

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The White House

White House debuts action plan targeting pollutants in drinking water

Same-sex couples face higher risk from environmental hazards

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President Joe Biden speaks with reporters following an Earth Day event on April 22, 2024 (Screen capture: Forbes/YouTube)

Headlining an Earth Day event in Northern Virginia’s Prince William Forrest on Monday, President Joe Biden announced the disbursement of $7 billion in new grants for solar projects and warned of his Republican opponent’s plans to roll back the progress his administration has made toward addressing the harms of climate change.

The administration has led more than 500 programs geared toward communities most impacted by health and safety hazards like pollution and extreme weather events.

In a statement to the Washington Blade on Wednesday, Brenda Mallory, chair of the White House Council on Environmental Quality, said, “President Biden is leading the most ambitious climate, conservation, and environmental justice agenda in history – and that means working toward a future where all people can breathe clean air, drink clean water, and live in a healthy community.”

“This Earth Week, the Biden-Harris Administration announced $7 billion in solar energy projects for over 900,000 households in disadvantaged communities while creating hundreds of thousands of clean energy jobs, which are being made more accessible by the American Climate Corps,” she said. “President Biden is delivering on his promise to help protect all communities from the impacts of climate change – including the LGBTQI+ community – and that we leave no community behind as we build an equitable and inclusive clean energy economy for all.”

Recent milestones in the administration’s climate policies include the U.S. Environmental Protection Agency’s issuance on April 10 of legally enforceable standard for detecting and treating drinking water contaminated with polyfluoroalkyl substances.

“This rule sets health safeguards and will require public water systems to monitor and reduce the levels of PFAS in our nation’s drinking water, and notify the public of any exceedances of those levels,” according to a White House fact sheet. “The rule sets drinking water limits for five individual PFAS, including the most frequently found PFOA and PFOS.”

The move is expected to protect 100 million Americans from exposure to the “forever chemicals,” which have been linked to severe health problems including cancers, liver and heart damage, and developmental impacts in children.

An interactive dashboard from the United States Geological Survey shows the concentrations of polyfluoroalkyl substances in tapwater are highest in urban areas with dense populations, including cities like New York and Los Angeles.

During Biden’s tenure, the federal government has launched more than 500 programs that are geared toward investing in the communities most impacted by climate change, whether the harms may arise from chemical pollutants, extreme weather events, or other causes.

New research by the Williams Institute at the UCLA School of Law found that because LGBTQ Americans are likelier to live in coastal areas and densely populated cities, households with same-sex couples are likelier to experience the adverse effects of climate change.

The report notes that previous research, including a study that used “national Census data on same-sex households by census tract combined with data on hazardous air pollutants (HAPs) from the National Air Toxics Assessment” to model “the relationship between same-sex households and risk of cancer and respiratory illness” found “that higher prevalence of same-sex households is associated with higher risks for these diseases.”

“Climate change action plans at federal, state, and local levels, including disaster preparedness, response, and recovery plans, must be inclusive and address the specific needs and vulnerabilities facing LGBT people,” the Williams Institute wrote.

With respect to polyfluoroalkyl substances, the EPA’s adoption of new standards follows other federal actions undertaken during the Biden-Harris administration to protect firefighters and healthcare workers, test for and clean up pollution, and phase out or reduce use of the chemicals in fire suppressants, food packaging, and federal procurement.

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Maine

Maine governor signs transgender, abortion sanctuary bill into law

Bomb threats made against lawmakers before measure’s passage

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Maine Gov. Janet Mills congratulates members of Maine Women's Basketball. In March the team won the America East championship. (Photo courtesy of Mills’s office)

BY ERIN REED | On Tuesday, Maine Gov. Janet Mills signed LD 227, a sanctuary bill that protects transgender and abortion providers and patients from out-of-state prosecution, into law.

With this action, Maine becomes the 16th state to explicitly protect trans and abortion care in state law from prosecution. This follows several bomb threats targeting state legislators after social media attacks from far-right anti-trans influencers such as Riley Gaines and Chaya Raichik of Libs of TikTok.

An earlier version of the bill failed in committee after similar attacks in January. Undeterred, Democrats reconvened and added additional protections to the bill before it was passed into law.

The law is extensive. It asserts that gender-affirming care and reproductive health care are “legal rights” in Maine. It states that criminal and civil actions against providers and patients are not enforceable if the provision or access to that care occurred within Maine’s borders, asserting jurisdiction over those matters.

It bars cooperation with out-of-state subpoenas and arrest warrants for gender-affirming care and abortion that happen within the state. It even protects doctors who provide gender-affirming care and abortion from certain adverse actions by medical boards, malpractice insurance, and other regulating entities, shielding those providers from attempts to economically harm them through out-of-state legislation designed to dissuade them from providing care.

You can see the findings section of the bill here:

The bill also explicitly enshrines the World Professional Association of Transgender Health’s Standards of Care, which have been the target of right-wing disinformation campaigns, into state law for the coverage of trans healthcare:

The bill is said to be necessary due to attempts to prosecute doctors and seek information from patients across state lines. In recent months, attorneys general in other states have attempted to obtain health care data on trans patients who traveled to obtain care. According to the U.S. Senate Finance Committee, attorneys general in Tennessee, Indiana, Missouri, and Texas attempted to obtain detailed medical records “to terrorize transgender teens in their states … opening the door to criminalizing women’s private reproductive health care choices.”

The most blatant of these attempts was from the attorney general of Texas, who, according to the Senate Finance Committee, “sent demands to at least two non-Texas entities.” One of these entities was Seattle Children’s Hospital, which received a letter threatening administrators with arrest unless they sent data on Texas patients traveling to Seattle to obtain gender-affirming care.

Seattle Children’s Hospital settled that case out of court this week, agreeing to withdraw its Texas business registration in return for Texas dropping its investigation. This likely will have no impact on Seattle Children’s Hospital, which has stated it did not treat any youth via telemedicine or in person in Texas; the hospital will be able to continue treating Texas youth who travel outside of Texas to obtain their care. That settlement was likely compelling due to a nearly identical law in Washington that barred out-of-state investigations on trans care obtained solely in the state of Washington.

The bill has faced a rocky road to passage. A similar bill was debated in January, but after coming under intense attack from anti-trans activists who misleadingly called it a “transgender trafficking bill,” the bill was voluntarily withdrawn by its sponsor.

When LD 227 was introduced, it faced even more attacks from Gaines and Libs of TikTok. These attacks were followed by bomb threats that forced the evacuation of the legislature, promising “death to pedophiles” and stating that a bomb would detonate within a few hours in the capitol building.

Despite these threats, legislators strengthened both the abortion and gender-affirming care provisions and pressed forward, passing the bill into law. Provisions found in the new bill include protecting people who “aid and assist” gender-affirming care and abortion, protections against court orders from other states for care obtained in Maine, and even protections against adverse actions by health insurance and malpractice insurance providers, which have been recent targets of out-of-state legislation aimed at financially discouraging doctors from providing gender-affirming care and abortion care even in states where it is legal.

See a few of the extensive health insurance and malpractice provisions here:

Speaking about the bill, Gia Drew, executive director of Equality Maine, said in a statement, “We are thrilled to see LD 227, the shield bill, be signed into law by Gov. Mills. Thanks to our pro equality and pro reproductive choice elected officials who refused to back down in the face of disinformation. This bill couldn’t come into effect at a better time, as more than 40 percent of states across the country have either banned or attempted to block access to reproductive care, which includes abortions, as well as transgender healthcare for minors. Thanks to our coalition partners who worked tirelessly to phone bank, lobby, and get this bill over the finish line to protect community health.” 

Related

Destie Hohman Sprague of the Maine Women’s Lobby celebrated the passage of the bill despite threats of violence, saying in a statement, “A gender-just Maine ensures that all Mainers have access to quality health care that supports their mental and physical wellbeing and bodily autonomy, including comprehensive reproductive and gender-affirming care. We celebrate the passage of LD 227, which helps us meet that goal. Still, the patterns of violence and disinformation ahead of the vote reflected the growing connections between misogyny, extremism, and anti-democratic threats and actions. We must continue to advocate for policies that protect bodily autonomy, and push back against extremist rhetoric that threatens our states’ rights and our citizens’ freedoms.”

The decision to pass the legislation comes as the Biden administration released updated HIPAA protections that protect “reproductive health care” from out-of-state prosecutions and investigations.

Although the definition of “reproductive health care” is broad in the new HIPAA regulations, it is uncertain whether they will include gender-affirming care. For at least 16 states, though, gender-affirming care is now explicitly protected by state law and shielded from out-of-state legislation, providing trans people and those seeking abortions with protections as the fight increasingly crosses state lines.

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

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The preceding article was first published at Erin In The Morning and is republished with permission.

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State Department

State Department releases annual human rights report

Antony Blinken reiterates criticism of Uganda’s Anti-Homosexuality Act

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(Photo courtesy of the Library of Congress)

Secretary of State Antony Blinken on Monday once again reiterated his criticism of Uganda’s Anti-Homosexuality Act upon release of the State Department’s annual human rights report.

“This year’s report also captures human rights abuses against members of vulnerable communities,” he told reporters. “In Afghanistan, the Taliban have limited work opportunities for women, shuttered institutions found educating girls, and increasing floggings for women and men accused of, quote, ‘immoral behavior,’ end quote. Uganda passed a draconian and discriminatory Anti-Homosexuality Act, threatening LGBTQI+ individuals with life imprisonment, even death, simply for being with the person they loved.”

Ugandan President Yoweri Museveni last May signed the law, which contains a death penalty provision for “aggravated homosexuality.”

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

Uganda’s Constitutional Court earlier this month refused to “nullify the Anti-Homosexuality Act in its totality.” More than a dozen Ugandan LGBTQ activists have appealed the ruling.

Clare Byarugaba of Chapter Four Uganda, a Ugandan LGBTQ rights group, on Monday met with National Security Council Chief-of-Staff Curtis Ried. Jay Gilliam, the senior LGBTQI+ coordinator for the U.S. Agency for International Development, in February traveled to Uganda and met with LGBTQ activists who discussed the Anti-Homosexuality Act’s impact. 

“LGBTQI+ activists reported police arrested numerous individuals on the basis of their sexual orientation or gender identity and subjected many to forced anal exams, a medically discredited practice with no evidentiary value that was considered a form of cruel, inhuman, and degrading treatment and could amount to torture,” reads the human rights report.

The report, among other things, also notes Ugandan human rights activists “reported numerous instances of state and non-state actor violence and harassment against LGBTQI+ persons and noted authorities did not adequately investigate the cases.”

Report highlights anti-LGBTQ crackdowns in Ghana, Hungary, Russia

Ghanaian lawmakers on Feb. 28 approved the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill. The country’s president, Nana Akufo-Addo, has said he will not sign the measure until the Ghanaian Supreme Court rules on whether it is constitutional or not.

The human rights report notes “laws criminalizing consensual same-sex sexual conduct between adults” and “crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer or intersex persons” are among the “significant human rights issues” in Ghana. 

The report documents Hungarian Prime Minister Viktor Orbán and members of his right-wing Fidesz party’s continued rhetoric against “gender ideology.” It also notes Russia’s ongoing crackdown against LGBTQ people that includes reports of “state actors committed violence against LGBTQI+ individuals based on their sexual orientation or gender identity, particularly in Chechnya.”

The report specifically notes Russian President Vladimir Putin on July 24 signed a law that bans “legal gender recognition, medical interventions aimed at changing the sex of a person, and gender-affirming care.” It also points out Papua New Guinea is among the countries in which consensual same-sex sexual relations remain criminalized.

The Hungarian Parliament on April 4, 2024. Prime Minister Viktor Orbán and his right-wing Fidesz party in 2023 continued their anti-LGBTQ crackdown. (Washington Blade photo by Michael K. Lavers)

The Cook Islands and Mauritius in decriminalized homosexuality in 2023.

The report notes the Namibia Supreme Court last May ruled the country must recognize same-sex marriages legally performed outside the country. The report also highlights the Indian Supreme Court’s ruling against marriage equality that it issued last October. (It later announced it would consider an appeal of the decision.)

Congress requires the State Department to release a human rights report each year. 

The Biden-Harris administration in 2021 released a memorandum that committed the U.S. to promoting LGBTQ+ and intersex rights abroad.

The full report can be read here.

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