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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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South America

Daniel Zamudio murderer’s parole request denied

Raúl López Fuentes convicted of murdering gay man in Chilean capital in 2012

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Daniel Zamudio (Photo courtesy of Jacqueline Vera)

Chile’s Parole Commission on Tuesday rejected a request to allow one of the four men convicted of murdering Daniel Zamudio in 2012 to serve the remainder of his sentence outside of prison.

Raúl López Fuentes earlier this month asked the commission to release him on parole. Zamudio’s family and members of the Movement for Homosexual Integration and Liberation, a Chilean LGBTQ rights group, had gone to court to block the request.

Among the arguments put forward that influenced the commission’s decision is what Movilh categorized as his “high risk of recidivism, linked to the adherence of an antisocial behavior with a tendency to minimize his acts transgressing social norms.” 

The commission pointed out that López has psychopathic traits because he is aware of the damage he did to Zamudio and his family. 

“In addition, he maintains a high risk of violence, not being advisable to grant the benefit,” the report said.

Zamudio was a young Chilean man who became a symbol of the fight against homophobic violence in his country and around the world after López and three other young men with alleged ties to a neo-Nazi group beat him for several hours in Santiago’s San Borja Park on March 2, 2012. Zamudio succumbed to his injuries a few weeks later.

The attack sparked widespread outage in Chile and prompted a debate over homophobia in the country that highlighted the absence of an anti-discrimination law. Lawmakers in the months after Zamudio’s murder passed a law that bears Zamudio’s name.

López in 2013 received a 15-year prison sentence after he was convicted of killing Zamudio. Patricio Ahumada received a life sentence, while Alejandro Angulo Tapia is serving 15 years in prison. Fabían Mora Mora received a 7-year prison sentence.

Zamudio’s mother, Jacqueline Vera, exclusively told the Washington Blade after the commission rejected López’s request that “we as a family are calmer.”

“Even with my husband we were in a lot of pain at the beginning. It was like a blow of very strong emotions, so we tried to stay calm because we still had to solve the problem,” Vera said. “We had four days to solve it.”

López will have to serve the remaining three years of his sentence before his release.

“I will continue working to improve the Zamudio Law and so that this murderer does not leave prison because he is a danger to society, he does not represent repentance and people like this cannot be free,” she said. “For the same reason, we have to work so that hate crimes have life imprisonment and that is what we will concentrate on.” 

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European Union

Activists demand EU sanction Uganda over Anti-Homosexuality Act

Yoweri Museveni signed law on May 29, 2023

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Hillary Innocent Taylor Seguya, an LGBTQ rights activist, speaks at a protest in front of the European Union Delegation to the United States’s offices in D.C. on April 18, 2024. (Washington Blade photo by Michael K. Lavers)

More than a dozen activists who protested in front of the European Union Delegation to the United States in D.C. on Thursday demanded the EU to sanction Uganda over the country’s Anti-Homosexuality Act.

Hillary Innocent Taylor Seguya, a Ugandan LGBTQ activist, and Global Black Gay Men Connect Executive Director Micheal Ighodaro are among those who spoke at the protest. Health GAP Executive Director Asia Russell also participated in the event that her organization organized along with GBGMC and Convening for Equality Uganda, a Ugandan LGBTQ rights group.

(Washington blade video by michael k. lavers)

Ugandan President Yoweri Museveni last May signed the Anti-Homosexuality Act that, among other things, contains a death penalty provision for “aggravated homosexuality.”

The country’s Constitutional Court on April 3 refused to “nullify the Anti-Homosexuality Act in its totality.” A group of Ugandan LGBTQ activists have appealed the ruling.

A press release that Health GAP issued ahead of Thursday’s protest notes EU Commissioner for International Partnerships Jutta Urpilainen on March 6 announced more than €200 million ($212.87 million) for Uganda in support of “small business owners, young female entrepreneurs, agribusinesses as well as vital digital infrastructure projects in full Team Europe format with the European Investment Bank (EIB) and several member states.”

“These concrete initiatives will make a difference to aspiring entrepreneurs, Ugandan businesses and create jobs in multiple sectors,” said Urpilainen in a press release that announced the funds. “This is a perfect example of how Global Gateway can make a tangible difference for citizens and businesses and unlock the full potential of a partner country by working together.”

Convening for Equality Uganda on Tuesday in a letter they sent to Urpilainen asked the EU to review all funding to Uganda and “pause or reprogram any funds that go via government entities.” The protesters on Thursday also demanded European Commission President Ursula von der Leyen “to hold Ugandan President Museveni’s government accountable for this attack on human rights.”

Josep Borrell, the EU’s top diplomat, in a statement he released after Museveni signed the Anti-Homosexuality Act said the law “is contrary to international human rights law and to Uganda’s obligations under the African Charter on Human and People’s Rights, including commitments on dignity and nondiscrimination, and the prohibition of cruel, inhuman or degrading punishment.”

“The Ugandan government has an obligation to protect all of its citizens and uphold their basic rights,” said Borrell. “Failure to do so will undermine relationships with international partners.”

“The European Union will continue to engage with the Ugandan authorities and civil society to ensure that all individuals, regardless of their sexual orientation and gender identity, are treated equally, with dignity and respect,” he added.

Urpilainen last September in a letter to the European Parliament said the EU would not suspend aid to Uganda over the law.

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India

Indian political parties for the first time include LGBTQ rights in election platforms

Voters will begin to cast ballots on April 19

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(Photo by Rahul Sapra via Bigstock)

The world’s largest democratic exercise will begin in India on April 19 as citizens begin to cast their votes in the country’s election.

This year’s election is different because national level political parties for the first time are promising to extend marriage rights to same-sex couples as part of their election platforms. 

The Indian National Congress, one of India’s oldest political parties, promised after wide consultation that it would introduce a bill that would recognize civil unions between couples who are part of the LGBTQ community. The party, which has governed India for the majority of the period since independence from the U.K. in 1947, has refrained from taking a stance on laws that include Section 377, which criminalized consensual same-sex sexual relations.

Then-Health Minister Gulam Nabi Azad in 2011 when the INC was in power said homosexuality is a disease. He made the controversial comment while speaking at an HIV/AIDS conference in New Delhi, the Indian capital.

“Unfortunately, this disease has come to our country too,” said Azad. “Where a man has sex with another man, which is completely unnatural and should not happen but does.”

When the Delhi High Court was hearing the Naz Foundation case, the Home Affairs Ministry opposed the striking down of Section 377 based on its belief that homosexuality cannot be morally condoned. The INC never struck down Section 377, which criminalized homosexuality, in parliament.

A 5-judge panel on the Supreme Court on Sept. 6, 2018, decriminalized consensual same-sex sexual relations.

The Communist Party of India (Marxist) on April 4 unveiled its platform with a range of socialist commitments, including support for LGBTQ rights. Among these pledges is to amend the Transgender Persons (Protection of Rights) Act 2019 to address community concerns and ensure legal recognition and protection for same-sex couples akin to marriage. 

The platform also outlined plans to introduce a bill similar to the Special Marriage Act of 1954, which allows partners to be listed as dependents and facilitating like inheritance, alimony in the event of divorce and other issues. The party further pledged to enact a comprehensive anti-discriminatory bill that would include LGBTQ people, ensure quotas in educational institutions and implement horizontal reservations in employment. 

Addressing the issue of crimes against LGBTQ people, the platform promised to treat such offenses on par with crimes against heterosexuals. The platform also calls for tackling bullying, violence and harassment of gender non-conforming and LGBTQ people in educational settings, enforcing anti-hazing policies and combating hazing based on sexual orientation and gender identity. 

The platform further touched issues related to transition and informed consent.

The Special Marriage Act of 1954 is a law that provides for civil unions among Indians and Indian nationals who live abroad, regardless of the religion or faith followed by either party. This law enables people from two different religious backgrounds to enter into marriage. Parliament in 2019 passed the Transgender Persons (Protection of Rights) Act that extended rights to trans people.

Brinda Karat, a former member of the Rajya Sabha, the upper house of the Indian Parliament, and leader of the Communist Party of India (Marxist), spoke with the Washington Blade and said the current government has homophobic ideas that are not acceptable to the party.

The ruling government under Prime Minister Narendra Modi is striving to secure more than 400 parliament seats in the upcoming election, aiming for a substantial majority. 

Various polls conducted by Indian news organizations indicate a probable victory for the ruling Bharatiya Janata Party. In response to the BJP’s dominance, Congress and several national and regional parties have joined forces as the Indian National Developmental Inclusive Alliance. 

This alliance comprises 26 opposition political parties. Despite its formation, however, there is no clear coalition strategy in place and only two parties have included LGBTQ-specific policies in their election platforms. 

The Blade reached out to Congress’ spokesperson for comment, but has not received a response. The BJP also did not respond to a request for comment.

The party has yet to release its election platform. 

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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