World
Report: Anti-LGBT violence, discrimination pervasive in Asia
Researchers interviewed 370 people in five countries

IGLHRC’s report focuses on the Philippines and four other Asian countries. (Photo by Junbay; courtesy Wikimedia Commons)
IGLHRC worked with women’s, sexual minority and gender rights groups in Sri Lanka, the Philippines, Pakistan, Malaysia and Japan to interview 370 people — including service providers and advocates — in the five countries from Nov. 2010 through March 2012.
The report notes laws that ban violence against women in Asia were “directly” or “indirectly discriminatory” because they do not extend “adequate protections — or in some cases any protections” to lesbians, bisexual women and trans people. IGLHRC found officials in each of the five countries “not only failed to prevent, but also condoned violence against female-bodied and transgender people.”
Respondents told IGLHRC that emotional abuse was the most common form of violence committed against them, with family members as the primary perpetrators.
The report further notes lesbians, bisexual women and trans people in Asia reported an “unexpectedly high occurrence” of domestic violence. IGLHRC also found heterosexual men were most likely to commit acts of sexual violence against the aforementioned groups.
More than a dozen trans Malaysian women with whom IGLHRC spoke said authorities or Islamic officials arrested them while they were performing in clubs, hanging out or eating outside.
A trans woman in the Malaysian city of Penang told researchers that police asked her for the equivalent of $5-$6 in “protection money” in exchange for not being arrested. A Malaysian Muslim trans woman — known as a mak nyah in Malay — said she was sentenced to a year in jail after authorities arrested her for wearing women’s clothing in a food stall and charged her with “posing as [a woman]” under local Islamic Sharia law.
A 40-year-old woman who lives in the Pakistani city of Karachi said her mother threatened to burn her genitals with an iron as a young child when her brother caught her “fooling around with another girl.” A 36-year-old lesbian who lives in a suburb of the Sri Lankan capital of Colombo said her father beat her after a former girlfriend outed her when she “made a scene outside her house.”
The IGLHRC report notes an incident during which several men publicly assaulted a trans woman on the street because “they were offended by her wearing a dress.” The men allegedly beat her, cut her hair and threatened to shoot her with a gun.
“There are still no laws that protect LGBT people from violence and discrimination,” Kate Montecarlo Cordova, chair of the Association of Transgender People in the Philippines, told the Washington Blade in an e-mail.
More than 50 percent of lesbian, bisexual women and trans people in Japan said they have considered suicide. One of the trans men with whom researchers spoke killed himself before IGLHRC released the report.
More visibility has caused ‘greater frequency’ of violence
The IGLHRC report concludes greater visibility of LGBT people has resulted in a “greater frequency” of violence against lesbian, bisexual women and those who are gender non-conforming in Asia. It states this mistreatment was “especially noticeable” in countries where religion was “used to justify and intensify intolerance.”
“High-level government officials endorsed intolerance and even actively participated in promoting harmful messages that encouraged abuse or discrimination against LBT individuals,” reads the report. “Government-controlled media and state-supported religious leaders perpetuated cultural messaging that preached intolerance against individuals with non-conforming sexual orientation, gender identity and gender expression.”
IGLHRC and the groups that conducted research urge governments in each of the five countries to “ensure an environment that is supportive of all women’s rights.” They also said authorities must prevent violence and promote “the safety and dignity of all marginalized and vulnerable populations.”
The groups call upon governments to denounce religious rhetoric that promotes anti-LGBT discrimination and violence. IGLHRC further urges them to comply with various international treaties that specifically address lesbian, bisexual and trans issues.
“State actions must be accompanied by stronger community capacity for sustainable and supportive interventions as part of civil society accountability to vulnerable communities,” reads the report. “It should not be the expectation that individual LBT victims be self-reliant and resilient in order to deal with violence on their own while waiting for state action to reduce violence.”
Homosexuality remains criminalized in Pakistan, Sri Lanka, Malaysia and the Filipino city of Marawi that is in the country’s Autonomous Region in Muslim Mindanao.
A Malaysian court on March 7 sentenced former Deputy Prime Minister Anwar Ibrahim to five years in prison after overturning his acquittal of charges under the country’s sodomy law. The opposition leader had been the frontrunner in elections that took place a few weeks later that determined the next head of government of Selangor Province outside Kuala Lumpur, the Malaysian capital.
The IGLHRC report comes against the backdrop of growing global outrage over the new Bruneian penal code that punishes those convicted of homosexuality by stoning them to death. The Indian Supreme Court last month said it would hear a motion to reconsider last December’s controversial ruling that recriminalized homosexuality in the world’s second most-populous country.
The Indian Supreme Court on April 15 issued a landmark ruling that recognizes trans people as a “third gender.”
Neighboring Pakistan, Nepal and Bangladesh have also legally recognized trans people.
Japanese lawmakers in 2008 passed a law that allows trans people to legally change their gender once they undergo sex reassignment surgery. Gay Pennsylvania state Rep. Brian Sims is among those who spoke at a reception that U.S. Ambassador to Japan Caroline Kennedy hosted at her Tokyo home last December to commemorate the 65th anniversary of the ratification of the Universal Declaration of Human Rights at the U.N.
European Union
Top EU court: Poland must recognize same-sex marriage from other European countries
Activists celebrate landmark decision
The European Union’s top court on Tuesday ruled member states must recognize same-sex marriages legally performed in other member states.
The EU Court of Justice in Luxembourg ruled in favor of a couple who challenged Poland’s refusal to recognize their German marriage.
ILGA-Europe notes Polish authorities refused “to transcribe into the civil register a certificate of same-sex marriage concluded” in Germany “between a Polish citizen and a Polish-German citizen … on the grounds that Polish law does not allow same-sex marriage.”
The couple who lives in Poland brought their case to Polish courts. The Polish Supreme Administrative Court referred it to the EU Court of Justice.
“Today’s ruling of the Court of Justice of the EU is of key importance not only for the couple involved in the case, but also for the entire LGBT+ community in Poland,” said the Campaign Against Homophobia, a Polish LGBTQ and intersex rights group, in response to the decision. “It clearly states that refusing to transcribe a marriage concluded abroad is incompatible with EU law. Therefore, regardless of the absence of registered partnerships and marriage equality, Poland must ensure the possibility of effective transcription.”
“With this judgment, the CJEU clearly states that the recognition of marriage status is key to enjoying EU citizens’ fundamental right to freedom of movement across the EU,” added ILGA-Europe Advocacy Director Katrin Hugendubel. “The EC now needs to ensure that this judgment is implemented quickly by the Polish state and across the EU.”
Sixteen EU countries — Ireland, Portugal, Spain, France, Luxembourg, Belgium, the Netherlands, Germany, Denmark, Austria, Slovenia, Malta, Greece, Sweden, Finland, and Estonia — have extended full marriage rights to same-sex couples. Poland, Romania, Bulgaria, and Slovakia are the EU countries with no legal recognition of same-sex couples.
Dominican Republic
Dominican court strikes down police, military sodomy ban
Nov. 18 ruling ‘a decisive step’ against discrimination
The Dominican Republic’s Constitutional Court on Nov. 18 ruled the country’s National Police and Armed Forces cannot criminalize consensual same-sex sexual relations among its members.
Human Rights Watch in a press release notes the landmark decision struck down Article 210 of the National Police’s Code of Justice and Article 260 of the Armed Forces’ Code of Justice.
Police officers and servicemembers who engaged in same sex “sodomy” faced up to two years or one year in prison respectively. Human Rights Watch in its press release said the provisions violated “constitutional guarantees to nondiscrimination, privacy, free development of personality, and the right to work” in the Dominican Republic.
“For decades, these provisions forced LGBT officers to live in fear of punishment simply for who they are,” said Cristian González Cabrera, a senior Human Rights Watch researcher. “This ruling is a resounding affirmation that a more inclusive future is both possible and required under Dominican law.”
Consensual same-sex sexual relations have been legal in the Dominican Republic since 1822, more than two decades before it declared independence from neighboring Haiti.
The Armed Forces Code of Justice had been in place since 1953. The National Police Code of Justice took effect in 1966.
Anderson Javiel Dirocie de León and Patricia M. Santana Nina challenged the policies in court.
“This decision marks a decisive step toward ensuring that these institutions, as well as any public or private body, adapt their rules and practices to guarantee that no person is discriminated against or sanctioned for their sexual orientation,” said Santana in the press release.
Dominican law does not ban discrimination based on sexual orientation or gender identity in employment, education, housing, and other areas. The country’s constitution defines marriage as between a man and a woman.
James “Wally” Brewster, who was the U.S. ambassador to the Dominican Republic from 2013-2017, is openly gay. Religious leaders frequently criticized him and his husband, Bob Satawake.
Brewster in a text message to the Washington Blade said the Constitutional Court ruling is “important.”
Brazil
Black transgender singer from Brazil wins three Latin Grammy Awards
Liniker performed at Las Vegas ceremony
A Black transgender singer and songwriter from Brazil on Nov. 13 won three Latin Grammy Awards.
Liniker, who is from Araraquara, a city in São Paulo State, won for Best Portuguese Language Song for her song “Veludo Marrom,” Best Portuguese-Language Urban Performance for her song “Caju” from her sophomore album of the same title, and Best Portuguese Language Contemporary Pop Album for “Caju.”
She accepted the awards during the Latin Grammy Awards ceremony that took place in Las Vegas. Liniker also performed.
“I’ve been writing since I was 16. And writing, and poetry, have been my greatest form of existence. It’s where I find myself; where I celebrate so many things I experience,” said Liniker as she accepted her first Latin Grammy on Nov. 13. “And being a composer … Being a trans composer in Brazil — a country that kills us — is extremely difficult.”
Liniker in 2022 became the first openly trans woman to win a Latin Grammy.
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