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Shelters for LGBTQ asylum seekers on Mexico-US border ‘overwhelmed’

Nearly 50 people living at Jardín de las Mariposas in Tijuana

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The view from the backyard of Jardín de las Mariposas, a shelter for LGBTQ asylum seekers in Tijuana, Mexico, in late May 2021. (Photo courtesy of Jon Atwell/Alight)

Editor’s note: International News Editor Michael K. Lavers was on assignment for the Washington Blade in Mexico, Honduras and El Salvador from July 11-25.

TIJUANA, Mexico — Marvin is a 23-year-old gay man from Dulce Nombre, a municipality in Honduras’ Copán department.

He left Honduras with a migrant caravan on Jan. 13, 2020, in order to escape the discrimination he said he would have suffered if his family and neighbors knew he is gay. Marvin spent eight months in the custody of Mexican immigration officials until they released him last November.

He was in the Mexican border city of Tijuana in April when a cousin told him his younger brother had been murdered. Marvin, who is currently living at Jardín de las Mariposas, a shelter for LGBTQ asylum seekers in Tijuana, began to sob when the Blade saw a picture of his brother’s body in the morgue in San Pedro Sula, Honduras’ second-largest city.

“He didn’t mess with anyone,” said Marvin.

Marvin is one of 47 people who were living at Jardín de las Mariposas when the Blade visited it on July 12. The shelter’s maximum capacity is 40.

A lesbian woman who asked the Blade not to publish her name said she fled El Salvador in January after MS-13 gang members threatened to kill her because she could not pay them the money they demanded from her. She said members of 18th Street, another gang, attacked her son after he refused to sell drugs.

“They hit him very hard; very, very hard,” the lesbian woman told the Blade at Jardín de las Mariposas, speaking through tears.

Olvin, a 22-year-old gay man from El Progreso, a city in Honduras’ Yoro department, left the country in January.

He said he and his partner of three years lived together in Tapachula, a city in Mexico’s Chiapas state that is close to the country’s border with Guatemala, for several months. Olvin said gang members threatened them and they suffered discrimination because of their sexual orientation.

Olvin told the Blade he rescued his partner from an apartment building one night after he refused to sell drugs, and they ran to a nearby park. Olvin, who was crying when he spoke with the Blade at Jardín de las Mariposas, said he left Tapachula a few days later without his partner.

Olvin arrived at the shelter a few hours before the Blade visited. He said he wants to ask for asylum in the U.S.

“I want to live in a safe place,” said Olvin.

Kelly West is a transgender woman who fled discrimination and persecution she said she suffered in Jamaica.

She flew to Panama City and then to Mexican city of Guadalajara before she arrived in Tijuana on June 16. West said she and a group of eight other LGBTQ asylum seekers tried to “run over the line at the border” between Mexico and the U.S., but Mexican police stopped them.

“We had to run for our lives,” West told the Blade at Jardín de las Mariposas. “I even ran without my shoes. I jumped over a bridge.”

She said she and three of the other asylum seekers with whom she tried to enter the U.S. went to another shelter for LGBTQ asylum seekers in Tijuana, but it was full. West said the shelter referred them to Jardín de las Mariposas.

“I really like it here,” she told the Blade. “Here I can be who I want, I can dress how I want to. I can wear my heels, I can wear my hair. I can just be feminine everyday.”

Kelly West, a transgender woman from Jamaica who has asked for asylum in the U.S., speaks at Jardín de las Mariposas, a shelter for LGBTQ migrants in Tijuana, Mexico, on July 12, 2021. (Washington Blade photo by Michael K. Lavers)

Jaime Marín, who runs Jardín de las Mariposas with his mother, Yolanda Rocha, noted some residents were sleeping in a tent in the backyard because the shelter is over capacity.

“We’re overpopulated with a lot of residents,” Marín told the Blade.

Title 42, a Centers for Disease Control and Prevention rule that closed the Southern border to most asylum seekers and migrants because of the coronavirus pandemic, remains in place.

Vice President Kamala Harris and other administration officials have publicly acknowledged that violence based on sexual orientation and gender identity is one of the “root causes” of migration from Honduras, El Salvador and Guatemala. The White House has told migrants not to travel to the U.S.-Mexico border, but Marín said the number of people who have traveled to Tijuana since President Biden took office has increased dramatically.

The previous White House forced tens of thousands of asylum seekers to pursue their cases in Mexico under its Migrant Protection Protocols program. The Biden administration on June 1 officially ended MPP.

“The process has been easier, which means they’re no longer staying months or years,” Marín told the Blade. “They submit their application, let’s say today, and they get a response for a date in two weeks. They’re basically in the United States within a month.”

Marvin hopes to use the picture of his brother’s body in the morgue and Honduran newspaper articles about his murder as evidence to support his asylum case. Marvin, however, has yet to find someone to sponsor him.

“My goal … is to go to the United States,” he said.

Marín told the Blade the two other shelters for LGBTQ asylum seekers in Tijuana are also at maximum capacity. Marín said U.S. immigration officials are also “overwhelmed” with new asylum applications.

“It might take a little bit longer than a month because of the number of people that are basically coming and we just have to increase the work we do as well because we are getting a lot more work too,” he told the Blade. “We are overwhelmed as well.”

Fire destroyed lesbian-run Mexicali migrant shelter on July 9

Centro Comunitario de Bienestar Social (COBINA) in Mexicali, a border city that is roughly 2 1/2 hours east of Tijuana, is a group that serves LGBTQ people and other vulnerable groups.

It runs three migrant shelters in the city, which borders Calexico, Calif., in California’s Imperial Valley. An electrical fire that destroyed COBINA’s Refugio del Migrante on July 9 displaced the 152 migrants from Guatemala, El Salvador, Honduras and other countries who were living there.

An electrical fire on July 9, 2021, destroyed a migrant shelter in Mexicali, Mexico, that Centro Comunitario de Bienestar Social (COBINA), a local LGBTQ group, runs. (Photo courtesy of Juan Gutiérrez)

Some of the shelter’s residents were living in COBINA’s offices when the Blade visited them on July 12.

“We need resources to rebuild the shelter, to buy wood, to buy everything that is needed,” COBINA President Altagracia Tamayo told the Blade.

The Organization for Refuge, Asylum and Migration has raised $2,600 for COBINA to use to buy clothes, food and diapers for the displaced migrants and their children. The ORAM funds will also allow COBINA to buy portable air conditioning units. (The temperature in Mexicali was 108 degrees when the Blade reported from there.)

Tamayo told the Blade that COBINA has been working with the U.N. Refugee Agency and the International Organization for Migration to assist the displaced migrants.

Two women and a child who lived in a COBINA-run migrant shelter in Mexicali, Mexico, that burned to the ground on July 9, 2021, were living in COBINA’s offices when the Washington Blade visited them three days later. (Washington Blade photo by Michael K. Lavers)

Jardín de las Mariposas moved into a new house in May. It is less than four miles from El Chaparral, the main port of entry between Tijuana and San Diego.

Alight, formerly known as the American Refugee Agency, recently worked with ORAM to install security cameras and purchase new furniture for Jardín de las Mariposas. They also painted the shelter and a mural, installed solar heaters on the roof, planted plants and renovated the backyard.

This work is part of Alight’s “A Little Piece of Home” initiative that works to improve shelters for migrants and refugees along the border.

“This is beautiful because they are helping us and not letting us down,” Marín told the Blade. “They’re basically giving us hope to continue this fight that we have.”

Bunk beds in one of Jardín de las Mariposas’ bedrooms. (Photo courtesy of Jon Atwell/Alight)
Alight has been working with Jardín de las Mariposas to make improvements to their shelter for LGBTQ asylum seekers in Tijuana, Mexico. (Photo by Jon Atwell/Alight)
Alight has been working with Jardín de las Mariposas to make improvements to their shelter for LGBTQ asylum seekers in Tijuana, Mexico. (Photo by Jon Atwell/Alight)
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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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