World
Colombia LGBT activist discusses challenges
Caribe Afirmativo Director Wilson Castañeda Castro attended Bogotá training
Wilson Castañeda Castro of the Colombian LBGT advocacy group Caribe Afirmativo. (Washington Blade photo by Michael K. Lavers)
“The Caribbean is a region of a high cultural diversity,” Caribe Afirmativo Director Wilson Castañeda Castro said during the USAID-backed Gay and Lesbian Victory Institute and Astraea Lesbian Foundation for Justice training that he and roughly 30 other activists from across the country are attending in the Colombian capital of Bogotá. “You find a very pluralistic cultural dynamic, but it goes against the recognition of sexual diversity.”
Friends of a gay activist of Cuban descent who was murdered in Cartagena in 2007 founded Caribe Afirmativo after his death.
The organization that also works in the cities of Barranquilla, Valledupar, Urabá, Sincelejo and Montería documents the impact that violence and the armed conflict that began in Colombia in the 1960s has had on the region’s LGBT population. It also seeks to educate the public about sexual minorities, organize LGBT people and highlight homophobic and transphobic politicians.
“The governments in these areas are very homophobic governments,” Castañeda said. “This agenda seeks commitments from them with respect to the LGBT community.”
He said his group continues to confront the sexual exploitation of young gay men of Afro-Caribbean descent due to increased tourism in Cartagena and Santa Marta. Caribe Afirmativo also works with many transgender women who have been displaced because of violence and those who have been threatened because they are open about their sexual orientation and gender identity and expression.
“It is a region full of challenges,” he said.
Castañeda further noted he feels the centralized Colombian government does not understand “this is a dynamic country made up of many regions.” He added life for LGBT people who live outside Bogotá remains difficult because of a lack of support from local officials and a lack of community engagement and visibility.
“We have not found a government that will help us address these goals,” Castañeda said.
Castañeda criticizes government for remaining silent on LGBT issues
The country’s highest court in 2011 ruled same-sex couples can legally register their relationships in two years if Colombian lawmakers don’t pass a bill that would extend to them the same benefits heterosexuals receive through marriage. The tribunal’s deadline is June 20, but the Colombian Senate last month overwhelmingly rejected a measure that would have allowed gays and lesbians to tie the knot.
Colombian lawmakers in 2011 passed a new anti-discrimination law that includes sexual orientation.
Colombia is also among the countries that helped secure passage of the United States’ first-ever resolution in support of LGBT rights in the same year.
Castañeda acknowledged to the Blade that LGBT-specific advances have taken place over the last four years. He also criticized President Juan Manuel Santos’ government for remaining silent on same-sex marriage, anti-LGBT violence and other issues.
“It is inconsistent that the government wanted to remain silent when we are talking about the vulnerability of rights,” Castañeda said.
Castañeda, who visited D.C. and two other U.S. cities in April with a group of other Colombian LGBT rights advocates on a State Department-sponsored trip, noted the strong ties between the two countries. He added he and other advocates can continue to learn from LGBT rights advocates in the United States.
“In Colombia the LGBT community remains one of the most marginalized communities,” he said. “The U.S. visit allowed us to see first-hand experiences, situations, specific examples of people and institutions and organizations. We can take some of what we experienced [there] and apply it here in Colombia.”
Bulgaria
Top Bulgarian court rules government must legally recognize trans people
Decision caps off decade-long legal fight
Bulgaria’s top court has ruled the country’s government must allow transgender people to legally change their name and gender on ID documents.
A trans woman from Bulgaria who moved to Italy, had tried to change her gender and name on her Bulgarian ID documents, but courts in the country denied her requests for nearly a decade.
The Bulgarian Supreme Court of Cassation in a 2023 ruling essentially banned trans people from legally changing their name and gender on ID documents.
The EU Court of Justice in Luxembourg, which is the European Union’s highest court, in March ruled in the “Shipova” case that member states must allow trans people to legally change their name and gender on ID documents. The lead plaintiff in the “Shipova” case is among the four litigants in the Bulgarian Supreme Court of Cassation case.
Two Bulgarian advocacy groups — Bilitis and Deystvie — along with TGEU – Trans Europe and Central Asia and ILGA-Europe in a joint statement they issued on Tuesday noted the Bulgarian Supreme Court of Cassation’s July 22 decision “aligns Bulgarian practice with the Court of Justice of the EU, enabling changes to gender markers, names, and personal identification numbers.”
“The judges also concluded that EU law requires Bulgaria to establish a legal procedure for legal gender recognition, which is necessary so that Bulgarian trans citizens can travel and reside freely inside the EU,” they added.
Bulgaria has been a member of the EU since 2007.
The country borders Romania, Serbia, North Macedonia, Greece, and Turkey.
“We are very glad to see that the judges of the Supreme Court clearly stated that it is actually a matter of rule of law for Bulgaria to respect the universal equality and the dignity of all human beings, including trans people for whom human rights-based legal gender recognition procedures are an indispensable element,” said Denitsa Lyubenova, co-chair of Deystvie who represented the four plaintiffs in the Bulgarian courts and the lead litigant in the “Shipova” case at the EU Court of Justice. “The government needs to act swiftly now to put in place an LGR procedure that is fully in line with European human rights case law, which means without any conditions requiring proof of medical, surgical or hormonal treatment.”
The groups also urged the Bulgarian government to codify the ruling into law.
“While lower courts are expected to follow this ruling directly, a court decision is not a substitute for law,” they said. “Bulgaria still needs a fast, transparent, and accessible legal gender recognition procedure written into legislation, not left to case-by-case court precedent. TGEU – Trans Europe and Central Asia, Bilitis, Deystvie, and ILGA-Europe call on the Bulgarian government to start that legislative process now, with meaningful involvement from civil society.”
France
Prominent French activist attacked outside Paris bar
Pierre Picavet hospitalized with internal bleeding, head injury
French prosecutors say a man shouted anti-gay slurs at a prominent activist before he attacked him in Paris on Saturday.
Media reports indicate Pierre Picavet, a police officer who is the president of FLAG!, a group within the French Justice and Interior Ministries that defends LGBTQ rights, was attacked as he left a bar in Paris’s Marais neighborhood.
The Marais since the 1980s has been center of the French capital’s LGBTQ community.
France 24 reported Picavet’s assailant struck him with a bottle. The attack left Picavet hospitalized with internal bleeding, a head wound, and other injuries.
“When I get better, when my wounds have healed, I will continue the fight,” Picavet told Radio France on Monday. “I am particularly shocked, but it tells me that there is still work to do.”
Paris Mayor Emmanuel Grégoire is among those who condemned the attack.
STOP Homophobia (STOP homophobie), a French group that fights against anti-LGBTQ violence, on its social media pages published a picture of Picavet in the hospital.
“As a long-standing partner of FLAG!, STOP Homophobia wishes to express its solidarity with Pierre Picavet, his loved ones, and the entire association,” said the group. “STOP Homophobia condemns this assault in the strongest possible terms and reiterates that anti-LGBT violence remains a reality — even in spaces where everyone should be able to move freely and live out their sexual orientation or gender identity without fear of attack.”
STOP Homophobia also praised a bystander who came to Picavet’s aid after the attack, and the first responders and law enforcement personnel who responded.
“STOP Homophobia extends its full support to Pierre, his family, his loved ones, and the entire FLAG! team, and wishes him a full recovery,” said the group.
Reports indicate the assailant, who was born in 2006, was scheduled to appear in a Paris court on Monday at 1:30 p.m. local time.
Poland
Poland begins to legally recognize same-sex marriages from other countries
‘This is an important milestone, but it should not be the final destination’
Poland has begun to recognize same-sex marriages legally performed outside the country.
TVP World, the country’s public broadcaster, reported civil registry offices began to “transcribe same-sex marriages legally” conducted outside of Poland on Aug. 22.
The EU Court of Justice in Luxembourg last November ruled in favor of a same-sex couple who challenged Poland’s refusal to recognize their German marriage. Poland’s Supreme Administrative Court in March reaffirmed the decision.
The couple, who lives in Poland, brought their case to Polish courts in 2019. The Supreme Administrative Court referred it to the EU Court of Justice.
The Polish government in May announced it will recognize same-sex marriages legally performed in other EU countries. Polish President Karol Nawrocki on July 17 vetoed bills that would have extended rights to same-sex couples.
Poland’s Constitutional Tribunal a few days later rejected the recognition of same-sex marriages legally performed in other EU countries. The Love Does Not Exclude Association, a Polish marriage equality advocacy group, in an Aug. 26 press release notes the ruling “does not prevent implementation of these new regulations” because the Constitutional Tribunal is “largely discredited” and the government considers it “to be improperly constituted.”
“This is an important milestone, but it should not be the final destination,” said Maja Heban of the Love Does Not Exclude Association. “No couple should have to cross a border to marry. Our goal is allowing loving, committed couples to marry in Poland in the first place. The law now increasingly recognizes these marriages once couples return to Poland in areas such as healthcare and social security, but significant gaps remain, mainly lack of recognition of same-sex parents which directly impacts security of their children.”
Germany, Belgium, France, Ireland, Spain, and Portugal are among the EU countries in which same-sex couples can legally marry. Andorra, whose prime minister, Xaviet Espot Zamora, is openly gay, and Switzerland are among the other European nations that have extended marriage rights to same-sex couples.
The Netherlands in 2001 became the first country in the world to extend marriage rights to same-sex couples. Activists who participated in this year’s World Pride that took place in Amsterdam earlier this summer marked this milestone.
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