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Colombian LGBT rights advocates visit U.S.

Six activists took part in State Department-sponsored trip

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Colombia, LGBT rights, gay news, Washington Blade
Columbia, LGBT rights, gay news, Washington Blade

Colombian LGBT rights advocates are in the U.S. on a State Department-sponsored trip. (Photo courtesy of Wilson Castańeda)

Six Colombian LGBT rights advocates have visited D.C. and two other states this month as part of a State Department-sponsored trip to learn how activists, politicians and government officials in this country advance civil and human rights.

The group — which includes lawyer Viviana Baharquez Monsalve; Wilson de Jesús Castañeda Castro, director of Corporación Caribe Afirmativo in Cartagena; Juan Carlos Pietro García, director of the city of Bogotá’s Office of Sexual Diversity and Federico Ruíz Mora of the Santamaría Fundación in Cali — arrived in D.C. on April 14.

The advocates met with State Department officials, Lisa Mottet of the National Gay and Lesbian Task Force, Human Rights Campaign and Victory Fund staffers, transgender activists and others while in the nation’s capital. They will have also traveled to Des Moines, Iowa, and San Diego before returning to Colombia on Wednesday.

Castañeda, whose group advocates on behalf of LGBT Colombians who live along the country’s Caribbean coastline, told the Washington Blade during an April 18 interview that he and his fellow activists highlighted their work on behalf of their gay, lesbian, bisexual and trans countrymen. He said they also wanted to learn about this country’s elections, documentation of hate crimes and anti-bullying efforts in schools while in the United States.

Ruíz, whose group advocates on behalf of trans women, discussed how the Colombian LGBT rights movement compares to that in the United States.

“Things are rather similar to those in our country, but there are clearly obvious differences,” he said.

The activists arrived in the United States less than a month after the U.S. Supreme Court heard oral arguments in two cases that challenge the constitutionality of California’s Proposition 8 and the Defense of Marriage Act. Their trip also coincided with the ongoing debate over a bill that would extend marriage rights to same-sex couples in Colombia.

The Colombian Senate had been scheduled to vote on the proposal on April 18 — the same day the activists spoke with the Blade, but it was postponed until Tuesday. Baharquez said it will prove “very, very difficult” to pass the same-sex marriage bill because of opposition from religious conservatives in the country’s Congress.

“There is little hope that something is going to pass,” she said.

Colombian senators in 2007 defeated a bill that would have allowed gays and lesbians to enter into civil unions.

The country’s Constitutional Court in three separate rulings it issued later that year and in 2008 extended property and inheritance rights, social security and pension benefits to same-sex couples. The tribunal in 2009 issued a ruling that said co-habitating gay and lesbian couples must receive the same rights that unmarried heterosexual couples receive under Colombian law.

The same court in 2011 ruled lawmakers must pass legislation within two years that extends the same benefits that heterosexuals receive through marriage to same-sex couples. If legislators fail to act on this mandate by June 20, gays and lesbians can legally register their unions.

Anti-trans violence remains endemic in Colombia

While attention remains focused on extending marriage rights to same-sex couples, violence against trans women remains rampant throughout the country.

A report from the Latin American and Caribbean Network of Transgender Women (REDLACTRANS) notes 61 trans women in Colombia have been reported murdered between 2005-2011. The group further notes none of the alleged perpetrators have been prosecuted — Ruíz said authorities often exacerbate the problem.

“Colombia is the same as many Latin American countries and others around the world; the trans community is that which is the most affected,” he said as he discussed the issue. “This has to do with historic discrimination and exclusion accompanied by systematic acts of violence. This violence has to do with transphobic acts because of [the victim’s] gender identity.”

The advocates hope to launch a campaign in support of a trans rights bill that would, among other things, “guarantee a dignified life for trans women in Colombia.” Ruíz further described them as those who are “in a helpless situation against the constant violation of their human rights.”

Argentine President Cristina Fernández de Kirchner in May 2012 signed a bill that allows people who have not undergone sex-reassignment surgery to legally change their gender without a doctor or judge’s approval. The law further mandates public and private health insurance plans to cover SRS, hormone therapy and other trans-specific treatments without additional premiums.

Castañeda told the Blade the campaign through which Argentine LGBT rights advocates secured passage of their country’s trans rights bill is “important to us.” He stressed, however, their own effort should take into account the “particularity of the situation” that trans Colombians currently face with regard to discrimination and violence.

Ruíz also responded to the Blade’s question about whether the ongoing same-sex marriage debate has overshadowed the need to extend legal protections based on gender identity and expression.

“It is an advance in the recognition of rights as a group,” he said, while noting some trans women don’t identify much with the issue of nuptials for gays and lesbians. “For the trans organizations, it will be much more important that gender identity is recognized as an identify for the purposes of rights.”

In addition to efforts in support of same-sex marriage and trans rights, the advocates said they will continue to seek LGBT inclusion in the ongoing peace profess between the Colombian government and armed rebels. They also hope to have a greater presence in the country’s political system.

The U.S. Agency for International Development earlier this month announced a public-private partnership designed to promote LGBT rights around the world. The Victory Institute and the Astraea Foundation will conduct the initiative’s first training in Bogotá, the Colombian capital, from May 30-June 2.

Bogotá City Councilor Angelica Lozano; Blanca Durán, mayor of the Colombian capital’s Chapinero district and Tatiana Piñeros, a trans woman whom Bogotá Mayor Gustavo Petro appointed last year to run the city’s social welfare agency are among those expected to attend.

“For those of us who have come to the United States, we identified and built upon best practices to know and use in our daily work,” Prieto said.

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India

India’s Transgender Welfare Boards fail to meet trans people’s basic needs

Committees have only been established in 17 regions

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(Photo by Rahul Sapra via Bigstock)

Nineteen of India’s 28 states and eight union territories lack a functional Transgender Welfare Board, despite legal mandates.

Most of the boards that have been established in 17 regions operate without policies, compliance framework, or any substantial authority. This lack of oversight, combined with an absence of policies, has left transgender Indians without access to critical services.

India’s 2011 Census says there are 487,803 trans people in the country, yet only 5.6 percent have managed to apply for a trans identity card. These identity cards, essential for accessing government programs designed specifically for trans people, remain challenging to obtain, hindering access to crucial welfare programs.

Under the Transgender Persons (Protection of Rights) Act 2019 and its 2020 rules, 17 states and union territories, including Assam, Bihar, Chandigarh, Chhattisgarh, Gujarat, Jammu and Kashmir, Kerala, Maharashtra, Manipur, Meghalaya, Mizoram, Rajasthan, Tamil Nadu, Telangana, Tripura, Uttar Pradesh, and West Bengal, have notified the establishment of a Transgender Welfare Board. Rule 10(1) of the law, however, mandates all state and union governments must constitute a board to safeguard trans rights, promote their interests, and facilitate access to government welfare schemes.

Reports reveal most Indian states with a notified Transgender Welfare Board have held fewer than one meeting per year since their inception, raising concerns about the effectiveness of these boards. States such as Gujarat, Jammu and Kashmir, Chhattisgarh, Manipur, and Tripura have yet to disclose any updates on their boards’ activities. Notably, Gujarat’s Transgender Welfare Board, established in collaboration with UNAIDS in 2019, reportedly did not hold a single meeting until Oct. 14, according to board members. 

Only a few states and union territories saw any regular activity from their Transgender Welfare Boards in 2023; with Tamil Nadu, Kerala, Chandigarh, and Maharashtra holding just four meetings each. Other states have held fewer meetings or none at all since the board’s formation.

In states like Mizoram, the Transgender Welfare Board has not held meeting since its creation. 

In Manipur, the board has been virtually defunct since its establishment in 2017. Although the state’s reappointed the 17-member board last year, it included only minimal trans representation, with one trans woman and one trans man appointed.

The Punjab and Haryana High Court in 2022 criticized the Chandigarh Transgender Welfare Board for its insufficient activity, describing it as a mere “cosmetic feature” in a Public Interest Litigation filed by Yashika, a trans student. The court observed that the board had failed to meet regularly, hindering its ability to fulfill its duties and effectively support the trans community. 

“Although the petitioner had submitted complaints in this regard to the Union Territory Administration, no relief was granted and, thus, it is essential to ensure that bodies such as the Transgender Welfare Board acquire teeth and do not remain cosmetic features,” said the High Court. “Meetings should be held more frequently so that issues likely to arise in the future can be anticipated.”

An Amicus Curiae the Kerala High Court appointed in 2021 reported the Kerala State Transgender Justice Board had not held a single meeting that year.

Since its creation under the Social Justice and Empowerment Ministry, the National Council for Transgender Persons has held only two meetings in the past four years. Reports also suggest that budget allocations for state Transgender Welfare Boards often vary based on the ruling political party.

Maharashtra in 2020 allocated approximately $602,410 to its welfare board, but no further budget was earmarked for the board after the government changed. 

Souvik Saha, founder of Jamshedpur Queer Circle, an LGBTQ organization that conducts sensitization workshops with law enforcement and local communities, criticized the frequent inaction of Transgender Welfare Boards. 

“As an LGBTQ rights activist and head of Jamshedpur Queer Circle, I find it deeply disheartening yet unsurprising that only 5.6 percent of transgender people in India possess a transgender ID card. This figure underscores the systemic barriers faced by the transgender community when accessing their rights,” said Saha. “The example of Gujarat’s Transgender Welfare Board, which despite its collaboration with UNAIDS was dormant for nearly four years, illustrates how bureaucratic inefficiency and lack of political will stymie progress. Similarly, Mizoram’s board has yet to hold a single meeting, reflecting the widespread neglect of transgender issues.”

Souvik further said the situation in Jharkhand mirrors these national trends.

The state’s Transgender Welfare Board, though established, has faced challenges in regular functioning and proactive policy implementation. Reports from local community members highlight that meetings are infrequent and the board’s activities lack sufficient outreach. Trans people in Jharkhand, as a consequence, face barriers in securing IDs and accessing welfare schemes, contributing to a continued cycle of marginalization.

Saha told the Washington Blade that inaction within Transgender Welfare Boards stems from a lack of political will, bureaucratic hurdles, social stigma, marginalization, and inadequate representation. His organization has encountered numerous stories reflecting these challenges, with community members expressing frustration over the stagnant state of welfare boards and the difficult process of obtaining official recognition. Saha emphasized that these systemic barriers leave many in the transgender community struggling to access the support and resources they are entitled to.

“For any meaningful change, it is essential that welfare boards function effectively, with regular meetings, transparent procedures, and active community involvement,” said Saha. “The government must take urgent steps to address these issues, enforce accountability, and collaborate with local LGBTQ organizations to bridge the gaps between policy and practice.”

Meera Parida, a trans activist from Odisha, told the Blade that while the previous state government implemented numerous welfare initiatives for trans individuals, it fell short of establishing a dedicated Transgender Welfare Board.

“Back then it was Biju Janata Dal party leading the state and now it is Bharatiya Janata Party (BJP) still there is no Transgender Welfare Board in the state,” said Parida. “After the Supreme Court’s judgement, it was our thought that some radical change is coming, nothing short of that happened. Most of the governments have no interest in it and that is why this is not happening.”

Parida told the Blade it was also her failure as she was associated with the previous government and in the party, but she was not able to convince her political party to establish a welfare board for trans people. 

The Blade reached out to UNAIDS for reaction, but the organization has yet to response.

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Uganda

Ugandan court awards $40K to men tortured after arrest for alleged homosexuality

Torture took place in 2020 during COVID-19 lockdown

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(Image by rarrarorro/Bigstock)

A Ugandan court on Nov. 22 awarded more than $40,000 (Shs 150 million) to 20 men who police tortured after their 2020 arrest for alleged homosexuality.

The High Court of Uganda’s Civil Division ruling notes “police and other state authorities” arrested the men in Nkokonjeru, a town in central Uganda, on March 29, 2020, and “allegedly tortured.”

“They assert that on the morning of the said date their residence was invaded by a mob, among which were the respondents, that subjected them to all manner of torture because they were practicing homosexuality,” reads the ruling. “The alleged actions of torture include beating, hitting, burning using a hot piece of firewood, undressing, tying, biding, conducting an anal examination, and inflicting other forms of physical, mental, and psychological violence based on the suspicion that they are homosexuals, an allegation they deny.”

The arrests took place shortly after the Ugandan government imposed a lockdown in response to the COVID-19 pandemic.

“Based on the same suspicion (of homosexuality), the applicants were then arrested, taken to Nkokonjeru B police station, and charged with doing a negligent act likely to spread infection by disease,” reads the ruling.

The ruling notes the men “were charged” on March 31, 2020, and sent to prison, “where they were again allegedly beaten, examined, harassed, and subjected to discrimination.”

Consensual same-sex sexual relations remain criminalized in Uganda.

President Yoweri Museveni in 2023 signed the Anti-Homosexuality Act, which contains a death penalty provision for “aggravated homosexuality.” LGBTQ activists continue to challenge the law.

Sexual Minorities Uganda Executive Director Frank Mugisha on X described the Nov. 22 ruling as a “significant victory for the LGBTQ+ community.”

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World

Out in the World: LGBTQ news from Europe and South America

Spanish jury convicts four men accused of killing gay man in 2021

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(Los Angeles Blade graphic)

RUSSIA

Russian President Vladimir Putin signed into a law a bill banning adoption of Russian children into countries where gender transition is legal, citing the supposed danger that adopted children might be given gender care. The Russian parliament had passed the law earlier in the week. 

The adoption ban applies to at least 15 countries in Europe, Canada, Argentina, Australia, and New Zealand. American citizens have already been banned from adopting Russian children since 2012.

The new adoption ban is an escalation of a previous law passed in 2014 that banned adoption by same-sex couples or by single people in countries where same-sex marriage is legal. 

The speaker of Russia’s lower house of parliament, Vyacheslav Volodin, who also co-authored the bill, defended the bill’s aims in a telegram post this summer.

“It is extremely important to eliminate possible dangers in the form of gender reassignment that adopted children may face in these countries,” Volodin wrote.

The bill is part of an escalating crackdown on LGBTQ people in Russia. 

In 2022, Russia extended a law banning distribution of “LGBTQ propaganda” to minors so that it now bans all information about LGBTQ people or issues to anyone. Last year, Russia banned all gender transition procedures and the supreme court declared the “international LGBTQ+ movement” to be an extremist organization.

The crackdown has led many LGBTQ organizations and businesses to close or go underground amid threats and raids by authorities.

PERU

The congressional justice committee voted 12-9 with four abstentions to advance a bill to legalize civil unions for both same-sex and opposite sex couples, which would for the first time give same-sex couples legal rights in the South American nation. The bill now heads to the full congress for approval.

Efforts to gain legal recognition for same-sex unions in Peru had been stalled for more than a decade, as lawmakers had generally been hostile to the idea. In that time, most Latin American countries have legalized same-sex marriage or civil unions, including all of Peru’s neighbors, Colombia, Ecuador, Brazil, Bolivia, and Chile. Peru is the largest country in Latin America that does not recognize same-sex unions.

The civil union bill may be an effort to forestall a rival bill seeking to legalize same-sex marriage proposed by lesbian lawmaker Susel Paredes. 

“My fight is for full equality of rights, for our partners, our children, and our families. I am convinced that it is necessary to achieve equal marriage, and it is for this institution that I will continue to fight,” Paredes wrote on her X account.

But other LGBTQ activists think the bill would still be a major advancement for queer Peruvians.

“Civil union is not ideal, but it is a step in the right direction to achieve equal rights for all Peruvians,” former congressman Carlos Bruce wrote on his X account. Bruce married his partner in Madrid in August, and currently serves as the mayor of the Surco neighborhood of Lima.

The bill gives couples in a civil union many of the rights afforded to married couples, including property rights, alimony, medical decisions, conjugal visits, inheritance rights, death benefits, tax rights, and pensions. However, it does not allow couples the right to adopt or to be recognized as parents of each other’s children. Couples in civil unions will not be recognized as families.

SPAIN

Four men were convicted over the weekend for a homophobic murder that sparked nationwide protests in 2021.

Samuel Luiz was a 24-year-old nursing assistant who was assaulted by a group of people outside a nightclub in A Coruña in Galicia on July 3, 2021. He later died in the hospital of his injuries.

After five days of deliberations, a jury found Diego Montaña, Alejandro Freire, and Kaio Amaral guilty of aggravated murder, and Alejandro Míguez of being an accomplice. The prosecution has asked for sentences of between 22 and 27 years.

The initial investigation had uncovered that up to 12 people were involved in the beating of Luiz. The attack took place over more than 15 minutes and covered more than an eighth of a mile as Luiz attempted to escape. Two Senegalese hawkers attempted to intervene to halt the attack and were attacked themselves. Witnesses said they heard the attackers accuse Luiz of being gay and used homophobic slurs during and after the attack. 

The barbaric murder sparked demonstrations across Spain and made headlines around the world.

In Spain, many pundits and activists drew a link between the murder and the anti-LGBTQ rhetoric of the far-right Vox Party, which is part of the government in several Spanish regions.

AZERBAIJAN

The U.N. COP29 Climate Change Conference ended without a planned update to the Gender and Climate Change Work Program after concerted opposition from the Vatican, Saudi Arabia, Russia, Iran, and Egypt, who feared that references to “gender” might be interpreted to include trans people and queer women.

The UN Climate Change Conference first adopted its Gender Work Program in Lima, Peru, in 2014, acknowledging that the impacts of climate change are borne disproportionately by women and girls, due to their frequently more precarious economic and social positions relative to men.

The Lima Program is due to expire this year, and in talks to renew it, a coalition of European, African, and Latin American countries had wanted COP29 to add a line recognizing that the impact of climate change on women can vary depending on their “gender, sex, age, and race.” 

But the group of countries opposed to the new language argue that it legitimizes transgender people and may be code for promoting sexual expression and homosexuality.

Without unanimous support for a new program, the Lima Program would expire with no replacement.

Ultimately, the gender opponents got their way, and the new language was stripped from the COP29 communique. The countries participating agreed to extend the Lima Program unamended for another decade, while also developing a new gender action plan for adoption at COP30, scheduled to be held next November in Belem, Brazil. 

UNITED KINGDOM

The U.S.-based training group SAGECare, which provides LGBTQ aging cultural competency training for health care workers, is teaming up with the UK’s LGBT Foundation to bring enhanced training for care facilities in the UK. 

In a press release announcing the partnership, LGBT Foundation CEO Paul Martin says SAGECare will help fill a gap in elder care for LGBTQ Britons while also enhancing care businesses’ ability to compete for LGBTQ market.

“LGBTQ+ health and wellbeing are at the heart of everything we do,” Martin says. “We look forward to using our combined expertise to build a more equitable society.”

SAGE has advocated for LGBTQ elders in the U.S. since 1978, and according to its website, it has trained more than 270,000 workers in LGBTQ cultural competency.

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