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Report documents anti-LGBT discrimination, violence in Africa

Amnesty International highlights abuses ahead of Obama’s trip to continent

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Uganda, Kill the Gays bill, gay news, Washington Blade

Uganda, Kill the Gays bill, gay news, Washington Blade

Protesters gather outside the Ugandan embassy in Northwest D.C. in December 2012 to protest the country’s “Kill the Gays” bill. (Washington Blade photo by Michael Key)

Amnesty International on Monday issued a report that documents increased anti-LGBT discrimination and violence in Africa.

The report — “Making Love a Crime: Criminalization of Same-Sex Conduct in Sub-Saharan Africa — notes 38 African countries continue to criminalize consensual same-sex conduct. These include South Sudan, Liberia and Burundi.

The Nigeria House of Representatives late last month passed a measure that would criminalize what Reuters described as same-sex “amorous relationships” and marriages and memberships in a gay rights group. Those convicted under the proposal that President Goodluck Jonathan has yet to sign into law would face up to 14 years in prison.

Mauritania, Sudan and portions of northern Nigeria and Sudan impose the death penalty upon anyone found guilty of consensual same-sex sexual acts. Ugandan lawmakers have faced criticism over the so-called “Kill the Gays” bill that would impose the death penalty upon anyone convicted of repeated same-sex sexual acts.

The Amnesty International report further notes at least seven LGBT South Africans were murdered between June-Nov. 2012 because of their sexual orientation or gender identity and expression.

It also documents police officers in Cameroon who subjected those they detained under the country’s anti-homosexuality law to forced anal exams. Michel Togué, a lawyer who advocates on behalf of gay Cameroonians, discussed these and other human rights abuses during an interview with the Washington Blade earlier this year in D.C.

“Gay people are not seeking everyone to approve of their behavior,” he said. “They are seeking freedom.”

Widney Brown, director of law and policy for Amnesty International, stressed African governments have a responsibility to protect the rights of their LGBT citizens.

“These attacks — sometimes deadly — must be stopped,” Brown said. “No one should be beaten or killed because of who they are attracted to or intimately involved with.”

Amnesty International released its report less than two days before President Obama is scheduled to leave D.C. for a week-long trip to Africa that will include stops in Senegal, South Africa and Tanzania.

The White House and the State Department have repeatedly spoken out against Uganda’s anti-homosexuality bill.

Secretary of State John Kerry last week responded to a question during Gays and Lesbians in Foreign Affairs Agencies (GLIFAA)’s annual Pride event in Foggy Bottom about “a marked increase in anti-gay legislation and homophobic statements” by government officials and religious leaders in Nigeria, Uganda and other countries. The State Department in August 2012 criticized the Zimbabwean government after police arrested dozens of activists inside the offices of Gays and Lesbians of Zimbabwe (GALZ,) an LGBT rights organization, in Harare, the country’s capital.

“When they raid our offices they think they are going to find pornographic materials,” a GALZ member told the Blade during an exclusive interview earlier this year in D.C. “When they come in there, they find it is a resource center. People are busy working.”

The Obama administration and British Prime Minister David Cameron have both suggested the allocation of international aid should hinge upon a country’s record on LGBT rights.

Amnesty International cites progress on LGBT issues in Africa

In spite of the continued human rights abuses against LGBT Africans, Amnesty International’s report notes progress in many countries across the continent.

Cape Verde, Mauritius, São Tomé and Príncipe and the Seychelles have decriminalized homosexuality over the last decade. Botswana and Mozambique are among the African countries that have banned anti-gay employment discrimination in recent years.

Same-sex couples have been able to marry in South Africa since 2006.

African countries have responsibility to ‘protect, not prosecute’

The Amnesty International report contains a number of recommendations on how it feels African governments can eliminate discrimination and violence against their LGBT citizens. These include repealing laws that criminalize or “otherwise impose punitive sanctions on consensual same-sex conduct,” abolishing the death penalty and eliminating anti-LGBT discrimination in the judicial system.

“As the chorus for recognition grows stronger and stronger, African states have to stop denying that homophobia is a human rights issue and recognize that LGBTI rights are an integral part of the human rights struggle,” Brown said. “It is their responsibility to protect, not persecute.”

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Mexico

Claudia Sheinbaum sworn in as Mexico’s first female president

Former Mexico City mayor pledged to continue supporting LGBTQ rights

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Mexican President Claudia Sheinbaum (Screen capture via PBS News Hour YouTube)

Mexican President Claudia Sheinbaum on Tuesday took office.

Sheinbaum, Mexico City’s former mayor who is a member of former President Andrés Manuel López Obrador’s leftist Morena party, on June 2 defeated Xóchitl Gálvez of the opposition National Action Party and Jorge Álvarez Máynez of the Citizens’ Movement.

Sheinbaum, who is also a scientist, is Mexico’s first female and first Jewish president.

First lady Jill Biden, Health and Human Services Secretary Xavier Becerra, Homeland Security Secretary Alejandro Mayorkas, U.S. Small Business Administration Administrator Isabel Guzman, and U.S. Rep. Nanette Barragán (D-Calif.) are among the American officials who attended Sheinbaum’s inauguration.

“Mexico and the United States are strong partners and close neighbors and we share deep political, economic, and cultural ties,” said President Joe Biden in a statement in which he congratulated Sheinbaum on her inauguration. “The United States is committed to continuing to work with Mexico to deliver the democratic, prosperous, and secure future that the people of our two countries deserve.” 

Sheinbaum before the election released a policy paper that reiterated her support for LGBTQ rights in Mexico. The platform, among other things, reiterated “absolute respect for diverse gender identities” and pledged to create “public policies to (end impunity) and to eradicate hate crimes and violence against LGBTIQ+ communities because of gender and sexual orientation.”

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India

New Indian medical curriculum excludes guidelines for transgender patients

WPATH has called for global authorities to suspend national commission

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(Bigstock photo)

India’s National Medical Commission has introduced an undergraduate curriculum that does not include protections for transgender individuals and people with disabilities.

The National Medical Commission on Aug. 31 released the Competency-Based Medical Education (CBME) Curriculum 2024, scheduled for implementation in the 2024-2025 academic year. The curriculum sparked controversy by introducing “sodomy and lesbianism” as unnatural sexual offenses in undergraduate programs, prompting two international organizations to threaten to seek the suspension of the National Medical Commission over the issue.

The International Council for Disability Inclusion in Medical Education and the World Professional Association for Transgender Health (WPATH) have called for global authorities to temporarily suspend the National Medical Commission’s recognition by global authorities. The two organizations claim the new curriculum violates exiting laws that protect the rights of people with disabilities and LGBTQ individuals.

The National Medical Commission reintroduced several regressive ideas regarding the LGBTQ community, with a complete omission of transgender rights that contradicts Supreme Court guidelines and previous regulations. Leaders from the disability and trans communities wrote a letter to Union Minister of Social Justice and Empowerment Virendra Kumar in which they criticized the curriculum.

The revised curriculum removed key disability competencies and critical components related to trans health. 

On Sept. 5, as India observed Teacher’s Day, the National Medical Commission temporarily withdrew the guidelines, only to reintroduce them on Sept. 12 without addressing the controversial sections. Terms, such as “dignity” and “transgender,” were notably absent from the 466-page document.

The revised curriculum allocates eight hours to sports but no longer mandates the previously required seven hours for disability training. It uses terms such as “gender identity disorders” and refers to intersex people as “abnormalities,” retaining language from earlier medical perspectives.

The revised curriculum no longer classifies sodomy and consensual same-sex sexual relations between women as “unnatural sexual offenses.” The earlier version, however, included descriptions cross-dressing as a form of sexual perversion. It also categorized a range of behaviors — including voyeurism, exhibitionism, sadism, and masochism — together with necrophagia (the consumption of the dead) and necrophilia (sexual attraction to corpses) under a single category.

The earlier version did not include LGBTQ-inclusive language.

The revised curriculum includes education on topics that include informed consent for sexual intercourse, the history of gender and sexuality-based identities, and the legal background surrounding the decriminalization of adultery and consensual same-sex relationships. It also introduces lessons on paraphilia and paraphilic disorders, covering a range of atypical sexual fantasies and behaviors.

The National Medical Commission has not provided a specific explanation for including outdated concepts in the curriculum. Senior officials have, however, attributed the changes to an unintentional oversight, stating it was an error that led to portions of the 2022 curriculum being mistakenly reintroduced.

The National Medical Commission in 2022 updated six modules in forensic medicine and psychiatry to reflect societal and legal changes. These amendments included the decriminalization of consensual same-sex relationships. They aimed to educate students on informed consent and, within psychiatry, to address the spectrum of gender and sexual orientations. 

The curriculum was designed to prepare students to manage issues, such as gender dysphoria, intersex conditions, and sexual dysfunctions. These changes were based on recommendations from an expert committee formed under a Madras High Court ruling in a case involving a lesbian couple whose parents opposed their relationship, leading to a police complaint about their alleged disappearance.

The Madras High Court ruling noted queerphobia was being incorporated into the education of future doctors. 

The 2022 changes were seen as essential for the daily practice of medical professionals, as misinformation about consensual same-sex sexual relationships could result in some patients receiving inadequate care and treatment.

While the revised curriculum released on Sept. 12 does not include references to trans rights, the Transgender Persons (Protection of Rights) Act of 2019 explicitly requires medical colleges to incorporate trans health and develop health manuals for gender confirmation surgeries. The revised curriculum, however, does not reflect current standards of inclusivity and care.

Ankit Bhuptani, an LGBTQ rights activist and founder of the Queer Hindu Alliance, during an interview with the Washington Blade expressed disappointment over the new curriculum.

“It is not just about the NALSA judgment, but also the current government has been very actively talking about trans rights throughout their policy and their various programs,” said Bhuptani. “So, it’s quite surprising that it was not included and the government should have been more mindful. I hope, they rectify the error that was done earlier in terms of lesbians and other elements which were problematic.”

Ankit Bhuptani (Photo courtesy of Ankit Bhuptani)

Bhuptani also told the Blade the current government is open to receiving suggestions from the LGBTQ community.

“The government has met a few community members already, and I was one of them,” noted Bhuptani. “After the meeting, we requested that the community need to be consulted for larger LGBTQ rights. They have given their email IDs publicly so that where general public can send suggestions. So, I hope the community members who are raising these issues, will reach out and take this ahead as well.”

Bhuptani said he plans to raise the issue with the government.

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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Uganda

Uganda Human Rights Commission asks government to decriminalize homosexuality

Anti-Homosexuality Act took effect in 2023

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(Image by rarrarorro/Bigstock)

Uganda’s state-funded human rights body has broken its silence on the queer community’s rights by advocating for their protection amid the enacted Anti-Homosexuality Act that is currently under appeal at the Supreme Court.

The Uganda Human Rights Commission on Sept. 26 while defending LGBTQ rights asked President Yoweri Museveni’s government to decriminalize homosexuality and other “victimless crimes.” 

“Criminalizing such acts often results in unjust and disproportionate punishment, especially for vulnerable groups in our society,” Mariam Wangadya, who chairs the commission, said. 

Wangadya, a lawyer and human rights advocate, spoke for the first time about the commission’s position on queer rights in Uganda since President Yoweri Museveni in May 2023 signed the Anti-Homosexuality Act.

She spoke during the annual stakeholders meeting for ACTV-Uganda, a rights organization that advocates against torture, gender-based violence, and other forms of violence, and has provided care to victims and survivors for 30 years with the commission’s support. 

Wangadya acknowledged ACTV-Uganda’s important role in providing the commission with medical reports for torture cases to assist it in determining compensation for survivors of torture to rebuild their lives.    

“Of the 939 cases currently pending a hearing before our tribunal, 50 percent of those are allegations of violation of the right to freedom from torture, inhuman and degrading treatment,” she noted.  

Her sentiments on the commission’s stand on LGBTQ rights also come barely two weeks after holding talks with two rights groups: The Human Rights Awareness and Promotion Forum (HRAPF) and Support Initiative for People with Congenital Disorders (SIPD), an intersex lobby group, on Sept. 14.

The meeting between the commission, HRAPF, and SIPD, which also documents and publishes reports on queer rights abuses in Uganda, explored human rights violations based on sexual orientation, gender identity and expression, and sex characteristics.     

“We must ensure that every person in Uganda enjoys their human rights without discrimination,” Wangadya said. 

The commission also noted that engaging the intersex lobby group was vital to address their “often-overlooked issues and rights.” 

The Ugandan government has yet to recognize intersex people as a protected minority group, unlike in Kenya. This year’s national Census did not count them.

HRAPF Executive Director Adrian Jjuuko applauded the meeting with Wangadya as a “progressive step” in defending the rights of the queer community and intersex people.

“We commend the commission on creating a space for dialogue on issues of criminalized minorities in Uganda,” Jjuuko said. 

Wangadya held the first meeting with Jjuuko on Sept. 9. It focused on HRAPF’s periodical reports on violations against sexual minorities in Uganda.

Wangadya and Jjuuko during the meeting both agreed that all people deserve protection under the law and the commission has to protect everyone, regardless of their sexual orientation and gender identity.   

“You need to talk to the Judiciary, the police, and the director of Public Prosecutions. These are our major disturbing areas,” Jjuuko said, accusing the three government agencies of undermining intersex and LGBTQ rights in the country.

Wangadya acknowledged the contribution of the three judicial agencies in protecting and upholding human rights, but noted that there is a need for working with Kenya, South Africa, and other countries to understand how they navigate LGBTQ and intersex legal issues.

“Kenya will be much better for benchmarking considering that in South Africa the constitution provides for that (queer rights.) Benchmarking from a country like Kenya with similar laws may be more helpful,” she said.    

The Wangadya also committed to tapping into HRAPF’s human rights strategies and experiences to improve the commission’s mechanisms. 

HRAPF promotes respect for the rights of marginalized and minority groups in Uganda through advocacy, offering legal aid, and providing capacity building. Its latest August report on monthly advocacy, violence and other human rights abuses based on sexual orientation or gender identity since the Anti-Homosexuality Act took effect shows anti-LGBTQ violence remains rampant, while evictions and arrests continue to drop.

The report states that a total of 56 human rights violations were recorded in August, versus 72 cases in July. 

Of the 56 cases, 20 cases (35.7 percent) were based on sexual orientation or gender identity, versus 34 cases (41.2 percent) in July. The number of also reported victims also dropped from 40 people in July to 24 people in August. The 20 cases targeting LGBTQ people involved violence and threats (10), eviction from housing (nine), and one arrest.

Uganda’s Women Human Rights Defenders Network welcomed the commission’s inaugural meetings with HRAPF and SIPD, and asked the state-funded rights body to continue holding regular dialogues to help “create an enabling environment for SOGIESC (sexual orientation and gender identity and expression.)” 

Wangadya’s comments coincided with a protest outside Uganda’s Permanent Mission to the U.N. in New York that a group of activists organized. 

The World Bank Group in August 2023 suspended new lending to Uganda in response to the Anti-Homosexuality Act. The activists who organized the protest demanded the World Bank not resume loans to the country.

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