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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 broadcast authority asks TV station to delete video deemed offensive to LGBTQ community

Activist Indrajeet Ghorpad filed complaint

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(YouTube screenshot)

India’s News Broadcasting and Digital Standards Authority on Feb. 28 asked a television station to delete a video that contained objectionable remarks against the LGBTQ community. 

The India Today video report’s headline was “Nudity sparks outrage at USA Pride parades: How India’s LGBTQ+ lead responsibly.” The clip reportedly contained factual inaccuracies, spread fear and demonized the LGBTQ community.

NBDSA has asked India Today to remove all hyperlinks to the video from every one of its platforms. The regulatory agency has issued guidelines for broadcasters about the LGBTQ community and asked to circulate it among all its editors and members. The broadcasting authority announced the directives after hearing a complaint that Indrajeet Ghorpad, an LGBTQ rights activist, filed.

Ghorpad said the program did not comply with the principles of “accuracy, neutrality, objectivity, good taste, decency and others.” Ghorpad also said it portrayed Pride parades in the U.S. in a negative light and unfavorably compared them with India’s LGBTQ community.

The NBDSA had received several complaints on the community’s portrayal. It issued five guidelines to sensitize and bring objectivity when covering the LGBTQ community in India, apart from the existing code of ethics and broadcasting standards.

The NBDSA on March 1 issued guidelines on how to report on issues faced by the LGBTQ community with accuracy, objectivity and sensitivity, and further said that non-sensitive and inaccurate reporting regarding the community has serious social repercussions.

The guidelines say “reporting should not sensationalize or create panic, distress or undue fear among viewers.” They also state broadcasters must avoid broadcasting any news that sensationalizes the issues related to the LGBTQ community, perpetuates stereotypes or creates fear in respect of the community.

The recommendations say broadcasters should refrain from using any expression or slur that may be construed as “hate speech” against the LGBTQ community. They also note broadcasters while covering any issue concerning the LGBTQ community must ensure their reporting does not promote homophobia or transphobia, or negative stereotypes about the LGBTQ community.

The guidelines say broadcasters must respect the privacy of LGBTQ people and not disclose personal information, including gender identity or sexual orientation of a person without their consent. The guidelines further state broadcasters should use inclusive and gender-neutral language, and respect the individuals’ preferred pronouns and names. Broadcasters, according to the guidelines, must strive for diverse representation in their coverage of the LGBTQ community and ensure voices from different segments of the LGBTQ community are provided a platform to express their views.

The incident is not a first Indian media. 

TV9 Telugu, a Telugu language television station, in 2011 did a sting operation on LGBTQ members of a gay dating site, over which the news channel faced the community’s wrath in Mumbai, India’s financial capital. The channel at that time broadcasted the operation all over the country and released profiles and pictures of the site’s users. 

The LGBTQ community protested outside the channel’s office in Mumbai by wearing condoms on their middle fingers.

NBDSA in April 2022 sanctioned TV9 Teluguand Sakshi TV, another Telugu-language 24-hour news channel, for sensationalizing a police raid in Hyderabad after neighbors complained of loud noise. The two channels broadcasted visuals of the party and individuals attending it, violating privacy and highlighting their sexual orientation without their consent.

Negha Shahin, a transgender Indian actress, told the Washington Blade that social media today has become an unsafe, toxic and hate-spreading tool with regards to trans and queer people.

“Mocking LGBTQIA+ folks is becoming a new trend. Content creators are creating content against queer folks, dangerous things are getting attention and triggering homophobia and transphobia,” said Shahin. “Meanwhile TV media like India Today is playing major part and considered as responsible news network. If they did not follow the guidelines then how will the society will follow? Journalists, politicians, actors, police, lawyers whoever addressing issues related to (the) minority community in India, should mind the glossary. They cannot be transphobic or homophobic. They cannot oppress, misgender, following stereotypes and creating false statement or news in the media.”

Shahin said news channels in India that do not following the guidelines are showing their hatred against the LGBTQ community. She said these incidents remind everyone that uprooting stereotypes and homophobia from society in every form is important.

Harish Iyer, a prominent equal rights activist in India, told the Blade that accepting different sexuality is not a Western or Indian concept, but rather a scientific one that cuts across geographies and sex.

“If channels are broadcasting this, they are not doing against gender or sexuality but against science and humanity,” said Iyer. “More than expunging and deleting the video, the corrective actions like watchdogs will ensure corrective actions are required. The guidelines are in sync with what the Supreme Court of India and the Constitution of India stand for. With a name like India Today, they stand against the very tenet of Indianism which is enshrined in the constitution that provides equal opportunity and equal protection of the law against any discrimination regardless of gender and sexuality, so I think, India Today, should not have the India in their name because that goes against the tenet of Indian constitution and the Supreme Court’s verdict as well. There should be something mandatory for the news channels, and not just the guidelines.”

India Today did not respond to the Blade’s multiple requests for comment.

Ankush Kumar is a reporter who has covered many stories for Washington and Los Angeles Blades from Iran, India and Singapore. He recently reported for the Daily Beast. He can be reached at [email protected]. He is on Twitter at @mohitkopinion. 

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South America

Argentina’s president seeks to dismantle anti-discrimination agency

Activists have sharply criticized Javier Milei’s move

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Argentine President Javier Milei (Screen capture via YouTube)

Argentinian President Javier Milei’s proposed closure of his country’s National Institute Against Discrimination, Xenophobia and Racism has sparked widespread criticism among LGBTQ activists and human rights defenders.

Alba Rueda, the former Undersecretary of Diversity Policies in the Women, Gender and Diversity Ministry who was also the country’s Special Representative on Sexual Orientation and Gender Identity under Alberto Fernández’s government, and gay Congressman Esteban Paulón in exclusive interviews with the Washington Blade talked about the Feb. 22 announcement’s implications and the impact it will have on Argentine society at a time marked by an acute economic, political and social crisis.

Rueda said INADI’s closure is a serious setback in the fight against discrimination and the advancement of human rights in Argentina. 

“INADI is a human rights agency that has been in force in Argentina for almost 30 years, which emerged as a response to the international attacks we suffered,” she pointed out. “This body has been fundamental in the attention of discrimination cases, including strategic litigation such as the (murder) of Diana Sacayán (a prominent transgender rights activist) in 2015.” 

Paulón said INADI’s closure is part of a broader policy of harassment towards diversity and state institutions that Milei’s government has carried out.

“INADI, along with the already eliminated Women Ministry, has been fundamental in the defense of the rights of LGBTQ+ and queer people,” said Paulón.

“In practical facts, the government cannot close INADI because INADI has been created by a law and it would require another law to close it,” he added. “Therefore, it has been raised that there is going to be a restructuring of personnel, a readjustment of resources that are going to continue processing complaints, but that they are going to pass to the orbit of the Justice Ministry, where INADI already is, but let’s say, they would pass without the institutionalism and that it would remain as an empty shell until the government achieves the consensus of a law to eliminate.”

Both agreed that INADI’s closure represents a serious setback in the protection of human rights in Argentina and a threat to the most vulnerable groups in society, including LGBTQ people. They also stressed Milei’s government has used this announcement as part of a broader strategy to dismantle democratic institutions and the country’s human rights agenda.

INADI cannot be closed unilaterally, despite the announcement, because a law created it and another statute would be required to dismantle it. There are, however, concerns the government may attempt to dismantle the institution or reduce its operational capacity.

“The decision to close INADI responds to an ideological position,” said Rueda. “They believe that INADI is the policeman of this, the ideological policeman. It is a body that functions autonomously whose president is appointed by the Congress and which also has a board of directors of social organizations.”

Critics of Milei’s government argue INADI’s closure is part of a strategy to consolidate power and repress dissent. They say the government is using the economic crisis as a pretext to implement authoritarian measures that limit civil liberties and weaken democratic institutions.

Milei’s supporters, on the other hand, defend the move as part of a broader effort to reduce public spending and promote liberal economic policies. They argue INADI’s closure is necessary to eliminate waste and corruption in government, and that its impact on human rights and LGBTQ protection is overstated.

“For LGTB people in particular, the closure of INADI would leave us without a place where we could basically receive attention in the face of discrimination,” Rueda pointed out. “And another issue that INADI also did is that it generated public policy recommendations or developed public policies for the prevention and awareness of these changes that have to take place in society.”

“So, not only do we run out of spaces for denunciation, but also of where to change this culture of discrimination, culture of discrimination that are present in the labor market that Milei presents or points out to you, as a success and that this is self-regulated,” she added. 

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South America

Alleged masterminds of Rio councilwoman’s murder arrested

Marielle Franco and her driver were killed on March 14, 2018

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Marielle Franco (Photo courtesy of Facebook)

Brazilian authorities on Sunday arrested two people who they say masterminded the 2018 murder of Rio de Janeiro Municipal Councilwoman Marielle Franco and her driver.

The Associated Press reported the country’s federal police arrested Congressman Chiquinho Brazão and his brother, former Rio de Janeiro Legislative Assemblyman Domingos Brazão, who advises the state’s Audits Court. Authorities on Sunday also took into custody former Rio police chief Rivaldo Barbosa and charged him with obstruction of justice.

Authorities say two former fire fighters — Elcio de Queiroz and Ronnie Lessa — shot Franco and Anderson Gomes in Rio’s Lapa neighborhood on March 14, 2018.

Franco, a bisexual woman and single mother of African descent, grew up in Maré, a favela in the northern part of Rio that is close to the city’s international airport. Franco, among other things, was an outspoken critic of police raids in Rio’s favelas that have left hundreds of people dead.

Authorities last July arrested Maxwell Simões Correia, a former firefighter who allegedly hid the guns that De Queiroz and Lessa used to shoot Franco and Gomes. The Brazilian Supreme Court last week approved a plea agreement into which Lessa entered. 

The AP reported Federal Justice Minister Ricardo Lewandowski at a press conference told reporters the Brazão brothers have “multiple interests” and Chiquinho Brazão, who was a member of the Rio Municipal Council in 2018, was angry about Franco’s bill that would have zoned land for public housing in the city. The Brazão brothers also have reported ties to militias in the city.

“At this moment we have it very clear who are the perpetrators of this hateful, heinous crime of political nature,” said Lewandowski.

Franco’s widow, Mônica Benício, who was elected to the Rio Municipal Council in 2020, discussed the status of the investigation with the Washington Blade during a March 2022 interview in Rio.

“The struggle for justice to find out who ordered the murder and how high up they were indicates we are still far from knowing,” said Benício.

Franco’s family in a statement said their fight for justice will continue.

“This case reflects the structural impunity in cases of crimes committed by agents or former agents of the State against the lives of human and civil rights defenders, such as Marielle and Anderson Gomes, segments of society that suffer widespread damage to rights in society and have structural difficulty in accessing justice,” it reads.

Domingos Brazão’s lawyer has denied the allegations against his client, saying he “did not know Marielle.” Chiquinho Brazão and Barbosa have also proclaimed their innocence. 

The three men, who were arrested in Rio, will be transferred to Brasília, the country’s capital.

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