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Guyana decriminalizes cross-dressing

Four trans women sued after 2009 arrest

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Guyana, gay news, Washington Blade
Georgetown, Guyana (Photo by Ian Mackenzie; courtesy Flickr)

Guyana on Tuesday officially decriminalized cross-dressing.

Local media reports indicate lawmakers in the South American country approved a measure to remove cross-dressing from the colonial-era Summary Jurisdiction (Offenses) Act. Guyanese Attorney General Anil Nandlall, who is also the country’s legal affairs minister, supported the bill.

Guyana is a former British colony that borders Venezuela, Suriname and Brazil.

Guyanese authorities in 2009 arrested four transgender women and charged them with cross-dressing under the Summary Jurisdiction (Offenses) Act. The Caribbean Court of Justice in 2018 unanimously struck down the law.

“People donā€™t know what effect those laws have had on our psyche,” Quincy McEwan, one of the four people who challenged the cross-dressing law, told the Associated Press in June. “We were traumatized every time we prepared to go out as we donā€™t know if we are going to be arrested and placed in the lockups.”

Guyana’s LGBTQ rights movement in recent years has become more visible, even though consensual same-sex sexual relations remain criminalized in their country.

The Society Against Sexual Orientation Discrimination, a Guyanese LGBTQ rights group, in 2018 held the country’s first-ever Pride parade. Activists continue to lobby Guyanese lawmakers to decriminalize homosexuality.

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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 FernĆ”ndez’s government, and gay Congressman Esteban PaulĆ³n 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 SacayĆ”n (a prominent transgender rights activist) in 2015.”Ā 

PaulĆ³n 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 PaulĆ³n.

“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 BrazĆ£o and his brother, former Rio de Janeiro Legislative Assemblyman Domingos BrazĆ£o, 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 ā€” Elcio de Queiroz and Ronnie Lessa ā€” 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 MarĆ©, a favela in the northern part of Rio that is close to the cityā€™s international airport. Franco, among other things, was an outspoken critic of police raids in Rioā€™s favelas that have left hundreds of people dead.

Authorities last July arrested Maxwell SimƵes 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 BrazĆ£o brothers have “multiple interests” and Chiquinho BrazĆ£o, 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 BrazĆ£o brothers also have reported ties to militias in the city.

ā€œAt this moment we have it very clear who are the perpetrators of this hateful, heinous crime of political nature,ā€ said Lewandowski.

Franco’s widow, MĆ“nica BenĆ­cio, 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.

ā€œThe struggle for justice to find out who ordered the murder and how high up they were indicates we are still far from knowing,ā€ said BenĆ­cio.

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 BrazĆ£o’s lawyer has denied the allegations against his client, saying he “did not know Marielle.” Chiquinho BrazĆ£o and Barbosa have also proclaimed their innocence. 

The three men, who were arrested in Rio, will be transferred to BrasĆ­lia, the country’s capital.

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Africa

Ugandan MP introduces anti-gay surrogacy bill

Sarah Opendi’s measure mirrors attempt in Kenya

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(Image by rarrarorro/Bigstock)

Uganda has joined Kenya in seeking to ban same-sex couples who want to use a surrogate or in vitro fertilization to become parents.

MP Sarah Opendi on March 5 introduced the Human Assisted Reproductive Technology Bill 2023, which would limit access to these treatments to only people with infertility challenges. She notes there has been an increase in the number of Ugandans seeking to have children through human assisted reproductive technology over the years, but without a legal framework. 

“The increasing demand for the use of human assisted reproductive technology has been necessitated by the growing cases of primary and secondary infertility, and other health-related challenges among persons seeking to have children,” Opendi states in the bill. 

Legal gaps the law seeks to address include regulating access to the use of human assisted reproductive technology by a state’s medical body; designating medical units or facilities as fertility centers; setting up sperm, oocyte (a female egg) and embryo banks within fertility centers and a register of data collected from services rendered through the technology.  

The bill’s Clause 20 would block gay couples from having children via surrogacy and would give a registered medical practitioner the power to establish the infertility condition of an individual before accessing services.Ā 

The medical professional would have to certify that the intending parent ā€œsuffers primary or secondary infertilityā€ or ā€œsuffers health challenges which affect the ability to reproduce.ā€ 

The bill would also bar same-sex couples from surrogacy services for parenthood, stating they apply to “a man and a woman” who jointly seek to use human assisted reproductive technology to obtain a child. The proposal would also apply to a man and a woman where “either the man or woman or both” suffer primary or secondary infertility or health-related challenges that affect the man or woman’s ability to reproduce.Ā Ā Ā Ā Ā 

The proposed law, which a parliamentary health committee is considering for public input before its reintroduction in the House for debate, has been criticized by some Ugandan LGBTQ activists as “draconian.”

ā€œThe same sponsors of the anti-gay law are the same introducing this bill which is well influenced by American anti-gay and anti-gender groups,ā€ Frank Mugisha told the Washington Blade.

His comments came three days after the U.S. denied Opendi a visa that would have allowed her to attend a Commission on the Status of Women at the U.N. meeting in New York.

Reports indicate the visa denial is because of anti-LGBTQ comments that include the castration of gay men that she made during the parliamentary debate on the Anti-Homosexuality Act. Mugisha applauded the U.S. decision, saying she should not be able to promote hate against LGBTQ people “anywhere else.”

ā€œThe bill is very draconian, has so many limitations for our men and families that do not conform to old draconian conservative ideologies,” said Mugisha in response to the surrogacy bill. “The bill would outlaw women who are not married from having IVF and we need to pay attention to this bull and stop it.ā€ 

The Ugandan surrogacy bill limiting same-sex couples from parenthood adds to a list of recent anti-LGBTQ measures like Anti-Homosexuality Act that saw the country sanctioned.

The Court of Appeal on March 12 declared it is illegal for LGBTQ rights groups to register in Uganda. Parliament Speaker Anita Among, a strong anti-homosexuality crusader, during the parliamentary session two days after the ruling commended Chief Justice Alfonse Owiny and the Ugandan judiciary he leads for saving the country from ā€œvalues that are alien and want to destroy our society.ā€ 

Kenyaā€™s proposed surrogacy law, dubbed the Assisted Reproductive Technology Bill 2022, is also before the parliamentary health committee. MP Millie Odhiambo last May reintroduced the bill, which would prohibit gay and lesbian couples from having children via surrogate.

The measure stalled in the Kenyan Senate in 2022. House rules rendered it “dead” when the parliamentary term ended because of that year’s general election. It could only be saved through a reintroduction in the new Parliament. 

The Kenyan surrogacy bill, just like the one that Opendi introduced, would only permit a man and a woman (intending parents) with certified infertility problems to have children via surrogate and IVF.

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