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Inter-American court rules Honduras responsible for transgender woman’s murder

Vicky Hernández killed after 2009 coup

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Vicky Hernández (Photo courtesy of Cattrachas)

Reportar Sin Miedo is the Washington Blade’s media partner in Honduras. Reportar Sin Miedo published an original version of this article on their website on Monday.

TEGUCIGALPA, Honduras — In an unprecedented decision in the history of Honduras, the Honduran state was found guilty today of the extrajudicial execution of transgender activist Vicky Hernández, which occurred on the night of June 28-29, 2009.

The crime occurred during a curfew after the coup that overthrew former President Manuel Zelaya to install Roberto Micheletti’s de facto government.

The Inter-American Court of Human Rights’ ruling against the Honduran state is a milestone in the history of justice in the country and for LGBTIQ+ populations in Latin America.

This ruling, unprecedented in Honduran history, came after 12 years of struggle by Hernández’s family and a team of professionals led by Red Lésbica Cattrachas, Robert F. Kennedy Human Rights and other Honduran organizations.

The ruling against the Honduran state, and in favor of Vicky’s family, is an extraordinary event that will result in more protection for all trans, lesbian, gay and bisexual people in Honduras. It is also a precedent for any LGBTIQ+ person violated in Latin America due to discrimination.

Twelve years of fighting for Vicky

The court’s decision against the state of Honduras is the culmination of 12 years of work by a team of lawyers and Hernández’s family. The trans activist was 26-years-old when she was murdered by state security forces, according to her lawyers’ arguments.

The defense work culminated in two virtual hearings before the court in November 2020 in which experts and witnesses from Honduras and the rest of the Americas participated.

Hernández’s lawyers throughout the hearings argued that the Honduran state security forces were responsible for her death, since they were the only ones who could move freely through the streets of San Pedro Sula during the post-coup curfew.

The defense also argued that the State did not perform an autopsy on the corpse or hid it with the excuse that Hernández suffered from HIV/AIDS.

For Cattrachas Coordinator Indyra Mendoza, the important thing is to get “the court to rule on the extrajudicial execution and to investigate the chain of command. Why? Because this makes us equal in the Honduran collective imaginary.”

Justice for all

With today’s guilty verdict against the state of Honduras, justice has been achieved not only for Vicky’s death, because 14 trans women, 16 gay men and many more people were murdered during the coup, according to Mendoza.

This unprecedented sentence means more than justice in Vicky’s case.

“This is the opening for them to see that no struggle is exclusive to one group of people,” Mendoza adds. “If the amnesty given in the coup d’état is eliminated, it would be a great LGTBI contribution to this country where the human rights of journalists, lawyers, defenders of indigenous territories, Garifunas and villagers are violated.”

Vicky Hernández’s mother with her other daughter, Tatiana. (Photo courtesy of Reportar Sin Miedo)

It is a huge win for Vicky’s mother, Rosa Hernández, who has been demanding “justice for all” for 11 years.

“They have to respect the rights of them for being trans and of them for being lesbians, because they are human. Why discriminate against them? There can’t be discrimination,” adds Rosa, who is 66-years-old.

This brave woman has been at the forefront of the struggle to vindicate the memory of trans women from San Pedro Sula, in northern Honduras, for the past 11 years. With this ruling, her dream of justice is fulfilled.

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Swiss voters overwhelmingly approve marriage equality law

‘Marriage for All’ statute received 64 percent support in referendum

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(Photo public domain)

Voters in Switzerland on Sunday voted overwhelmingly in favor of a law that extends marriage rights to same-sex couples.

Swiss voters supported the “Marriage for All” law by a 64-36 percent margin in the referendum.

Lawmakers approved the statue late last year. Marriage equality opponents were able to force a referendum on it.

Switzerland joins neighboring France, Germany, Austria and other European countries that have extended marriage rights to same-sex couples.

Maria von Känel, co-president of the “Marriage for All” campaign, described the referendum results as “a historic day, a milestone for LGBTQ equality.”

“It’s a great achievement,” she told the Washington Blade. “All cantons and 64.1 percent of Swiss voters have voted yes for marriage for all. Our partnerships and families are now recognized equally and legally.”

“We have great support of the family, children and human rights organizations and many thousands of people who took to the streets for this cause and did public work,” added von Känel. “We are infinitely grateful.”

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US ambassador to UN calls for repeal of criminalization laws

Linda Thomas-Greenfield spoke at U.N. LGBTI Core Group event

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U.S. Ambassador to the U.N. Linda Thomas-Greenfield (Photo courtesy of the U.S. State Department; public domain)

United States Ambassador to the U.N. Linda Thomas-Greenfield is among those who participated in a Wednesday event on the sidelines of the U.N. General Assembly that highlighted efforts to decriminalize consensual same-sex sexual relations.

Thomas-Greenfield in her remarks during the largely virtual U.N. LGBTI Core Group event noted consensual same-sex sexual relations remain criminalized in more than 70 countries.

“For millions of people it is illegal for them to be who they are, to love who they love. We need to repeal and eliminate these laws,” she said. “For our part, the United States is using our diplomacy, our foreign assistance and every tool we have to protect human rights, empower civil society and support local LGBTQI movements.”

The U.S. is one of 35 countries that are members of the Core Group.

Wednesday’s event also highlighted efforts to decriminalize transgender people and repeal laws that specifically target them.

“We need more countries to join this committed group,” said Thomas-Greenfield. “Together, let’s do everything we can to protect human rights and promote equality for all.”

Belgian Prime Minister Alexander De Croo; Nepalese Ambassador to the U.N. Amrit Bahadur Rai; New Zealand Ambassador to the U.N. Craig Hawke; Australian Permanent U.N. Representative Mitch Fifield; Brazilian Ambassador to the U.N. Rolando Costa Filho; Canadian Ambassador to the U.N. Robert Keith Rae; Assistant U.N. Secretary General for Strategic Coordination Volker Türk; Argentine Foreign Affairs Minister Santiago Cafiero; Dutch Foreign Affairs Minister Tom de Bruijn; Japanese Foreign Minister Jun Shimmi; Norwegian Foreign Affairs Minister Ine Eriksen Soreide; Salvadoran Foreign Affairs Minister Alexandra Hill Tinoco; Costa Rican Vice Multicultural Affairs Minister Christian Guillermet-Fernández; Finnish Foreign Affairs Ministry Johanna Sumuvuori; Nick Herbert of the British House of Lords; European Union Equality Commissioner Helena Dalli; Swedish Foreign Affairs Minister Ann Linde; Icelandic Foreign Affairs Minister Gudlaugur Thór Thórdarson; Maltese Equality, Research, Innovation and the Coordination of Post COVID-19 Strategy Minister Owen Bonnici; Mexican Multilateral Affairs and Human Rights Undersecretary Martha Delgado; Italian Foreign Affairs Undersecretary Benedetto Della Vedova; Chilean Foreign Affairs Undersecretary Carolina Valdivia; German MP Michael Roth; Irish State for Overseas Development Aid and Diaspora Minister Colm Brophy and Danish Development and Nordic Cooperation Minister Flemming Møller Mortensen participated in the event that Reuters U.N. Bureau Chief Michelle Nichols emceed.

Acting OutRight Action International Executive Director Maria Sjödin and activists from Bhutan, Botswana, Guyana, Mozambique, Angola, Panamá and India took part. Victor Madrigal-Borloz, the independent U.N. expert on LGBTQ issues, and Nikkie de Jager, a Dutch U.N. goodwill ambassador known as NikkieTutorials who is trans, also participated.

“Decriminalization is a very basic demand,” said Sjödin. “Given how many countries have these laws on the books, it is still a priority.”

Herbert, who is British Prime Minister Boris Johnson’s LGBTQ envoy, noted consensual same-sex sexual relations remain criminalized in 35 of the Commonwealth’s 54 countries. Herbert also announced the U.K. will give an additional $2.75 million to “support LGBT+ individuals in Commonwealth countries, including to those seeking to address outdated legislation that discriminates against women, girls and LGBT+ individuals.”

“We are clear that tackling discrimination is only one part of the issue,” said Herbert. “We must encourage countries as well to put in place laws that protect their LGBTI citizens going forward.”

President Biden in February signed a memorandum that committed the U.S. to promote LGBTQ rights abroad. The decriminalization of consensual same-sex sexual relation is one of the White House’s five global LGBTQ rights priorities.

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Immigration Equality condemns deportation of Haitian migrants, asylum seekers

Prominent activist found dead in Port-au-Prince home in 2019

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Hurricane Matthew, gay news, Washington Blade
Hurricane Matthew damage near Jérémie, Haiti in 2016. Immigration Equality has condemned the deportation of Haitian migrants and asylum seekers from the U.S. (Photo courtesy of Reginald Dupont/Fondation SEROvie)

Immigration Equality on Wednesday sharply criticized the Biden administration over the deportation of Haitian migrants and asylum seekers from the U.S.

“Over 10,000 Haitian migrants and asylum seekers are waiting at America’s doorstep, but the Biden administration won’t uphold their basic right to ask for protection,” said Immigration Equality Legal Director Bridget Crawford in a press release. “This is blatantly illegal and morally reprehensible. Many of these people are asylum seekers who face grave danger if returned to Haiti. They have traveled thousands of miles to escape a country torn apart by devastating earthquakes and political turmoil.”

The White House in recent days has been struggling to respond to the influx of Haitian migrants and asylum seekers in Del Rio, Texas, which is across the Rio Grande from Ciudad Acuña, Mexico. Pictures of U.S. Border Patrol agents on horseback chasing and whipping Haitians have sparked widespread outrage.

Title 42, a Centers for Disease Control and Prevention rule that closed the Southern border to most migrants and asylum seekers because of the pandemic, remains in place. The U.S. Department of Homeland Security has begun to deport Haitian migrants and asylum seekers from Texas.

Immigration Equality in its press release notes Charlot Jeudy, a member of Kouraj, a Haitian LGBTQ rights group, was found dead inside his home in Port-au-Prince, the country’s capital, in 2019.

Violence and discrimination based on sexual orientation and gender identity remain commonplace in Haiti.

President Jovenel Moïse’s assassination on July 7 and an 7.2 magnitude earthquake on Aug. 14 that left scores of people dead and displaced hundreds of thousands of others have caused additional turmoil in Haiti, which is the Western Hemisphere’ poorest country.

A 7.0 magnitude earthquake that devastated Port-au-Prince and surrounding areas in 2010 killed an estimated 200,000 people.

Fondation SEROvie, a Haitian HIV/AIDS service organization, contributed to relief efforts after Hurricane Matthew caused widespread damage on the country’s Tiburon Peninsula in 2016. Last month’s earthquake struck in the same area.

“For LGBTQ people in particular, expulsion means returning to a society that rejects them. They are frequent targets of violence and sexual assault, including by the police,” said Crawford. “The country is fundamentally unsafe for the queer and transgender community.”

“Instead of welcoming Haitian asylum seekers as the U.S. should, the Biden administration is sending them back to life-threatening conditions,” added Crawford. “We call on the administration to halt the deportation flights immediately and end Title 42 in its entirety. The disturbing images of border agents on horseback chasing down terrified Haitian migrants go against the administration’s professed ideals. Shame on the Biden administration for embracing this xenophobic and illegal Trump-era policy and mistreating vulnerable migrants.”

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