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Advocacy groups urge Biden to develop plan to protect LGBTQ Afghans

Taliban regained control of Afghanistan on Aug. 15

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A group of six advocacy groups on Thursday urged the Biden administration to develop a 10-point plan to protect LGBTQ Afghans after the Taliban regained control of their country.

The Council for Global Equality; the Human Rights Campaign; Immigration Equality; the International Refugee Assistance Project; the Organization for Refuge, Asylum and Migration and Rainbow Railroad in a letter they sent to President Biden called for his administration to “prioritize the evacuation and resettlement of vulnerable refugee populations, including LGBTQI people, and ensure that any transitory stay in a third country is indeed temporary by expediting refugee processing.”

The nine other suggestions are below:

– Provide and effectively implement explicit ā€œPriority 2ā€ (P-2) access to the U.S. refugee program for the highly vulnerable population of LGBTQI individuals fleeing Afghanistan. Waive the application fee for any LGBTQI Afghan applying to relocate to the United States on an expedited basis via humanitarian parole and look favorably upon those emergency requests. Initiate a new program of Temporary Protected Status (TPS) for Afghans in the United States, including those paroled into the United States on an emergency basis.”

– Ensure that existing lists that have been collected by various governments of at-risk Afghans, including those who wish to flee because of their sexual orientation or gender identity, are carefully safeguarded so that they do not fall into Taliban or third-country hands and are not used to target individuals or family members. Use the lists as a basis for expedited P1 or P2 refugee processing or humanitarian parole for those who seek protection abroad.”

– Lift or expand the FY (fiscal year) 2022 refugee cap of 125,000 refugees accepted into the United States.

– Provide funding to support the temporary housing, livelihoods and security of LGBTQI refugees in third countries while they are being processed for refugee resettlement in the United States or elsewhere.

– Recognize NGOs that have been reliable partners in identifying and recommending LGBTQI Afghans to the State Department for protection and instruct U.S. embassies to process LGBTQI refugee applications on site when referred by these designated partners.

– Recognize for the purposes of refugee relocation, humanitarian parole or any other entry into the United States any same-sex Afghan partner as a spouse. Take an equally expansive view of the definition of family for LGBTQI relocation given the lack of legal recognition for LGBTQI partnerships in the region.

– Expand LGBTQI-sensitive resettlement programs in the United States and engage with NGOs and local communities to expand the U.S. capacity to absorb larger numbers of LGBTQI Afghan refugees in supportive and inclusive environments, including through new refugee sponsorship programs.

– Speak out forcefully against human rights abuses by the new Taliban regime and any increased targeting of vulnerable communities, including LGBTQI people, and use existing mechanisms to sanction and hold accountable perpetrators of human rights abuse. Negotiate explicit human rights monitoring access, with a particular focus on vulnerable communities including LGBTQI Afghans, when the mandate of the U.N. Assistance Mission in Afghanistan is renewed by the Security Council later this month.

Two men in Kabul, Afghanistan, in July 2021 (Photo courtesy of Dr. Ahmad Qais Munzahim)

The Taliban entered Kabul on Aug. 15 and toppled then-President Ashraf Ghaniā€™s government.

A Taliban judge in July said the group would once again execute people if it were to return to power in Afghanistan. A gay Afghan person with whom the Washington Blade spoke earlier this week said they and their family fled their Kabul home because of the Taliban.

ā€œIā€™m scared,ā€ they said. ā€œI canā€™t go outside ā€¦ everything has totally changed.”

The groups in their letter to Biden said the Taliban “takeover of Afghanistan has focused international attention on the safety and livelihood of many vulnerable populations, including women and girls, and lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI) Afghans.”

“As the decision to withdraw from Afghanistan will be part of your legacy, so too will be the actions your Administration takes to ensure the well-being of these populations,” reads the letter.

The letter also notes the groups “are deeply disappointed that your administration did not press to extend the Aug. 31 deadline to evacuate more at-risk refugees from Kabul, but we are heartened by your pledge to continue to support refugee evacuation and resettlement in the coming weeks.”

“The United States bears a special responsibility not to abandon those we have encouraged along the path to democracy and human rights, and to act expeditiously to ensure their safety,” it says.

Canada is thus far the only country that has specifically said it would offer refuge to LGBTQ Afghans. Immigration Equality earlier this week said it spoke “directly” with 50 LGBTQ Afghans before the U.S. completed its withdrawal from the country on Aug. 30. “

The international community must act in concert to protect vulnerable populations now placed at risk,” reads the letter to Biden. “We urge the United States to increase and prioritize its immediate, medium-term and long-term efforts on behalf of the LGBTQI community in Afghanistan using these 10 protection priorities.”

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Out in the World: LGBTQ news from Europe and Asia

Marriage equality advances in Liechtenstein, Thailand

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UNITED KINGDOM

(Photo by Rob Wilson via Bigstock)

BY ERIN REED | FollowingĀ a recent decision in England by the National Health ServiceĀ to stop prescribing puberty blockers for transgender youth, former U.K. Prime Minister Liz Truss introducedĀ a billĀ that would outlaw gender-affirming care for trans youth. The bill would also eliminate any recognition of social transition and would define sex to exclude trans individuals in the Equality Act. Currently, trans youth can still access gender-affirming care throughĀ private clinics. However, Trussā€™ bill ran into trouble on Friday when, instead of being debated, MPs spent hours deliberating over ferrets and pet names, exhausting the available time and preventing the bill from being heard.

As of this week, the National Health Service in England has declared that it will no longer permit trans youth to receive puberty blockers for gender dysphoria. Although the announcement sparked significant public backlash, its practical impact was somewhat mitigated by the extreme waitlist for care, which exceeds five years. Only a hundred trans youth had been prescribed blockers of the thousands waiting for an appointment. Importantly, the decision does not affect care through clinical research trials and does not affect private clinics ā€” a route many parents had already pursued due to the surging wait times at the limited number of NHS clinics providing care.

Truss introduced a bill aimed at curbing that latter route of obtaining care. The proposed legislation would criminalize the prescription of gender-affirming care to trans youth. It seeks to prevent ā€œthe recognition of gender inconsistency in children,ā€ which is defined as ā€œreferring to a child with language that is inconsistent with their sexā€ and ā€œtreating a child in a manner that is inconsistent with their sex.ā€ However, the bill does not specify how boys and girls should be treated in accordance with the law. Additionally, it proposes amendments to the Equality Act to define sex to exclude trans individuals and end protections in bathrooms and other similar spaces.

See these lines from the bill here:

However, when the time arrived to debate bills, MPs diverted their attention to hours of discussions about ferrets and pet animal names within the context of an animal welfare bill. In one notable interaction, Labour MP Sarah Champion addressed Labour MP Maria Eagle, remarking humorously on the frequent mentions of ferrets:

Champion: ā€œI am very interested in my honorable friendā€™s, well, key mention of ferrets at every opportunity in this debate. Iā€™d like to put on record that my brother had a ferret called Oscar.ā€

(Laughter)

Eagle: ā€œWell she has that now on the record. I donā€™t know really what else to say about that except that Iā€™m sure that Oscar brought her brother great joy, and thatā€™s what pets do, and Iā€™m sure there are many other ferret owners who might attest to the same thing.ā€

You can watch the exchange here:

In another exchange, even some conservatives appeared to be in on it, such as MP Mark Spencer, who spoke at length listing off of many pets that had been named and put on the record.

Spencer: ā€œI am confident that Members of all parties will agree that animals have been of great support to individuals and families, particularly during COVID-19, when my pets were certainly of great support to me. Pets often help to keep people sane when they are under pressure in their everyday pursuits, so it would be remiss of me not to put on the record the names of my three dogs, Tessa, Barney and Maisie, and the name of my cat, Parsnip. There has been a proud tradition this morning of mentioning various pets, including: Harry, George, Henry, Bruce, Snowy, Maisie, Scamp, Becky 1, Becky 2, Tiny, Tilly, Pippin, Kenneth, Roger, Poppy, Juno, Lucky, Lulu, Brooke, Lucy, Marcus and Toby, who are the dogs; and not forgetting Perdita, Nala, Colin, who is sadly no longer with us, Frank, two Smudges, Attlee, Orna, Hetty, Stanley, Mia Cat, Sue, Sulekha, Cassio, Othello, Clapton, Tigger, who is sadly no longer with us, and Pixie, who are the cats.ā€

The lengthy exchanges on pet names and ferrets ran the time out, and as such, the bill targeting trans people could not be heard. The lengthy discussion, which has since been referred to as a filibuster, echoes filibusters that have occurred in the U.S. to kill similar legislation, including recently in West Virginia on a bill that also would have defined sex in an identical way.

The exchanges provided a ray of hope for trans residents in England, which has been beset by anti-trans politics in recent years. Likewise, it was a sign that the Labour Party, whichĀ has previously beenĀ seen as ā€œbackslidingā€ on trans rights, has not completely abandoned its transgender constituents. Though the bill is not officially dead, it has been placed at the bottom of the priority list for March 22, meaning it almost certainly will not be debated, with government sources calling the billĀ ā€œunworkable.ā€

For those who advocate for trans rights, however, the ferret has become ā€œan overnight symbol of trans resistanceā€ and a sign that anti-trans politics may be reaching their limit even in the U.K.

IRELAND

Massachusetts Gov. Maura Healey greets Irelandā€™s gay prime minister, Leo Varadkar, in Boston on March 13, 2024. (Photo courtesy of Healey’s office)

BY ROB SALERNO | The Irish people delivered a major rebuke to the political establishment by voting overwhelmingly against a pair of constitutional referendums that had been endorsed by all parties which would have amended language in the constitution that says a womanā€™s place is in the home, and that families are based on marriage.

The government had held the referendum on International Womenā€™s Day, March 8, in a symbolic move, and turnout was measured at 44.4 percent. Results were announced the following day.

Irelandā€™s gay prime minister, Leo Varadkar, accepted defeat Saturday.

ā€œIt was our responsibility to convince the majority of people to vote ā€˜yesā€™ and we clearly failed to do so,ā€ Varadkar said.

The first question, which was defeated 67 percent to 33 percent, asked voters to add the words ā€œwhether founded on marriage or on other durable relationships,ā€ to the constitutionā€™s definition of ā€œfamily,ā€ in order to be more inclusive of diverse family types.

The second question, which was defeated by a similar margin, as voters to delete a clause that says ā€œthe State recognizes that by her life within the home, woman gives to the State a support without which the common good cannot be achieved. The State shall, therefore, endeavor to ensure that mothers shall not be obliged by economic necessity to engage in labor to the neglect of their duties in the home.ā€

Critics say the language promotes sexist gender stereotypes. The revised language would have used gender-neutral language to recognize ā€œthe provision of care, by members of a family to one another.ā€ 

Advocacy group LGBTQ Ireland had called for people to vote ā€œyesā€ to both referendums, ā€œso all children and families, including LGBTQ families, are recognized equally in the constitution.ā€

But a persuasive ā€œnoā€ campaign had arisen that alleged the revision would have struck womenā€™s privileges and rights. Forces aligned against the referendum included some progressive and feminist groups that alleged the proposed language was unclear and lacked consultation.  

Irish voters have in recent years approved a number of progressive reforms to their constitution, including streamlining the divorce process in 2019, legalizing abortion and decriminalizing blasphemy in 2018, and legalizing same-sex marriage in 2015.

LIECHTENSTEIN

Liechtenstein’s Parliament in the capital city of Vaduz. (Photo courtesy of the Principality of Liechtenstein)

BY ROB SALERNO | The tiny principality of Liechtenstein got one step closer to full equality for LGBTQ people as its parliament approved a bill to legalize same-sex marriage with a 24-1 vote, bringing a years-long process nearly to a close.

Local LGBTQ advocacy group FLAY expressed gratitude to members of Landtag, the Liechtenstein parliament, for advancing the law last week.

ā€œThank you for 24x ā€˜yesā€™ in the Landtag,ā€ the group posted to its Facebook page.

ā€œFLay the association for the queer community in Liechtenstein is very happy that 24 out of 25 deputies in parliament voted in favor on todayā€™s first reading. Keeping in mind the completely blocked situation only 3 years ago, the denial of our government for participating any public discussion, we can be more than proud and happy on our successful steps towards the legitimation of the civil marriage for all,ā€ Stefan Marxer, a FLay board member told the Washington Blade in an email.

The marriage bill is expected to pass second reading before the summer parliamentary break, and come into effect by Jan. 1, 2025, unless a referendum is called on the issue.

The tiny country of about 40,000 people, about the size of D.C., has made major progress on advancing LGBTQ rights in the last decade, though the International Gay and Lesbian Association-Europe ranked the country 38th among 49 European countries in its annual survey of LGBTQ rights on the continent last year.

Liechtenstein has allowed same-sex couples to form registered partnerships with limited rights since 2011. The registered partnership law was subject to a referendum after gay rights opponents collected more than 1,000 signatures demanding it. The law was approved by voters 69 percent to 31 percent.

A same-sex couple had sued the state seeking the right to marriage in 2017, but ultimately lost when the state court ruled that the ban on same-sex marriage was not unconstitutional. However, the court did find that the law banning same-sex couples from adopting was unconstitutional and ordered the country to amend the law. It eventually did so last year.

Discussion of marriage equality began in earnest in Liechtenstein after neighboring Switzerland passed its same-sex marriage law in its parliament in 2020. 

One obstacle was the prince, who wields significant executive authority in Liechtenstein compared to other European monarchies. In 2021, Prince Hans-Adam II said that while he supported same-sex marriage, he would not support adoption rights. That obstacle seemed to disappear when the state court ordered the government to legalize full adoption rights. By 2022, Hans-Adamā€™s son Alois, who governs as regent, told a magazine that same-sex marriage was ā€œnot a problem.ā€

The Catholic Church had also intervened, with former Archbishop of Liechtenstein Wolfgang Haas leading a campaign against the bill and cancelling a traditional service at the opening of last yearā€™s Parliament in protest. Haas retired last autumn.

Despite broad agreement among legislators, the same-sex marriage law has taken a slow path through Parliament. In November 2022, Parliament voted 23-2 asking the government to bring forward a same-sex marriage bill. The government held a three-month-long public consultation on same-sex marriage last year before putting the bill on the agenda for Parliamentā€™s March 2024 meeting. 

Under the marriage bill, the country will stop registering new partnerships, and people in partnerships will have the option of converting them to marriages or keeping them as they are. All other rights will be equalized.

Liechtenstein is the last German-speaking country to legalize same-sex marriage. Around the world, 37 countries have legalized same-sex marriage, including 21 countries in Europe. The most recent country to legalize same-sex marriage is Greece, and Thailand is expected to pass a same-sex marriage law later this year.

JAPAN

Since 2019, the advocacy group Marriage For All Japan has sued the Japanese government in all five district courts. This ruling by the Sapporo court comes as a victory in the fight to make same-sex marriage legal. (Photo courtesy of Marriage For All Japan)

BY ROB SALERNO | Two courts ruled this past Thursday that Japanā€™s ban on same-sex marriage is unconstitutional, increasing pressure on the government to legalize it.

District courts have been weighing same-sex marriage since several coordinated cases were filed across the country in 2019. Along with Thursdayā€™s ruling from the Tokyo District Court, five district courts have ruled that the ban on same-sex marriage was unconstitutional, while one court has upheld the ban. A seventh district court case was filed last month. 

But on Thursday, the Sapporo High Court delivered the first ruling on same-sex marriage at the appellate level, and same-sex couples won there, too. 

So far, all courts have dismissed claims for monetary compensation.

Itā€™s likely that all of the cases will end up at the Supreme Court. 

In a statement released after the ruling, the plaintiffsā€™ lawyers called on the government to act swiftly to protect their rights.

ā€œI would like to reiterate that this shows that there is no time left for legal reform. The government should take seriously this judgment that found this provision to be unconstitutional … and promptly amend the law to allow marriage between same-sex couples,ā€ the statement says.

Under Japanā€™s legal system, courts rarely invalidate or amend laws that are ruled unconstitutional, leaving that to the legislature.

But Japanā€™s national government has long been cold to LGBTQ rights. Last year, queer activists had hoped that the government would finally pass a long-demanded anti-discrimination bill, but by the time it was put before the legislature, it had been watered down to a bill that only calls on the government to promote understanding of LGBTQ people.

At the local level, queer activists have seen greater success. Twenty-nine of Japanā€™s 47 prefectures, as well as hundreds of municipalities, have enacted partnership registries for same-sex couples that at least afford some limited rights.

THAILAND

MP Pita Limjaroenrat takes a selfie with Pride goers last year at Bangkok Pride. (Photo courtesy of Pita Limjaroenrat/Facebook)

BY ROB SALERNO | Same-sex marriage could soon be a reality in the Southeast Asian country, as a bill to legalize cleared its first test in the legislature Thursday.Ā 

A committee set up by the House of Representatives to examine the bill approved it, setting it up for a final vote in the House on March 27. After that, it will need to be approved by the Senate, which is dominated by appointees of the former military junta that ruled the country until 2017. It is expected that the bill will pass into law by the end of the year.

The proposed bill gives same-sex couples equal rights to married heterosexual couples, including in inheritance, tax rights and adoption.

Same-sex marriage and LGBTQ rights generally have become a major political issue in Thailand in recent years, with queer people becoming increasingly visible and demanding greater equality. 

Parties promising to legalize same-sex marriage and promote LGBTQ rights were the major victors of last yearā€™s election, although the leading party was controversially disqualified from forming a government due to its support for reforming laws that penalize disparaging the monarchy, which was deemed unconstitutional. Nevertheless, the parties that formed government agreed to pass a same-sex marriage law, and last December, the house voted overwhelmingly to approve in principle a series of draft marriage bills.  

The new government has also signaled that it will soon introduce a bill to facilitate legal gender change for trans people, and has begun a campaign to provide free HIV medication as an effort to eliminate HIV transmission by 2030.

Reporting by Erin Reed and Rob Salerno

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Africa

Burundi’s president reiterates LGBTQ people should be stoned in a stadium

Ɖvariste Ndayishimiye first made comment last December

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Burundian President Ɖvariste Ndayishimiye (Screen capture via Gentil Gedeon Official YouTube)

Burundian President Ɖvariste Ndayishimiye on March 8 reiterated his call for LGBTQ people to be stoned in a stadium.

Ndayishimiye made the remark during the commemoration of the International Women’s Day in Gitega, the country’s political capital. He first called for the public stoning of LGBTQ people lastĀ December during a public event.

LGBTQ activists sharply criticized the comments and some international diplomats even threatened to cut economic ties with Burundi. Ndayishimiye, however, seems unmoved by this pushback and maintained that if it meant if his nation would cut economic ties with the developed countries on the basis of his anti-LGBTQ stance then so be it, reaffirming that nothing will change his stance.  

JĆ©sus Dior Kant, a gay man and LGBTQ activist from Burundi, said the president’s remarks are tantamount to publicly calling for the lynching of gay people.

“This violent and anti-LGBT+ rhetoric endangers the lives of many individuals in Burundi and stains the nation’s commitment to human rights,” said Kant. “Such discourse not only incites homophobia and violence but also violates international human rights laws and norms that protect individuals regardless of their sexual orientation or gender identity.”

Kant also said what Ndayishimiye said now poses a real and immediate threat for LGBTQ people in the country.

“The impact of this statement is not merely rhetorical, it poses a real and immediate threat to the safety and well-being of the LGBT+ community in Burundi,” said Kant. “It encourages hate crimes, promotes discrimination and undermines progress made towards equality and justice. This is not just a problem for the LGBT+ community but a stain on the moral fabric of our global society, reflecting on us all.”

Kant called for Ndayishimiye to immediately withdraw his remarks and commit to protecting the rights of LGBTQ people in the country.

“Your call to stone gay individuals constitutes a blatant violation of human rights and an incitement to violence and discrimination,” said Kant. “We implore you to take the necessary measures to withdraw your statement advocating violence against the LGBT+ community, commit to protecting LGBT+ individuals in Burundi by enforcing laws that guarantee rights and well-being and respecting international human rights conventions, ensuring that Burundi is a nation that respects and values every human life.” 

ClĆ©mentine de Montjoye, a researcher at Human Rights Watch’s Africa Division, said the anti-LGBTQ crackdown in Burundi could become worse, including continued political repression and restrictions on freedom of expression to maintain the governing partyā€™s control.Ā 

“This type of fearmongering is not new in Burundi, where sexual relations between people of the same sex have been illegal since former President Pierre Nkurunziza signed a new criminal code into law in 2009,” noted de Montjove. “The law was a fierce blow to Burundiā€™s LGBT people, who had begun to come out and organize, albeit in small numbers, to demand their rights be respected.”

De Montjove further noted the National Assemblyā€™s human rights commission added the anti-homosexuality provision in the 2009 criminal code at the last minute, apparently under pressure from Nkurunziza, who made statements on television that described homosexuality as a curse.

“Ndayishimiye, who presents himself as a progressive, rights-respecting leader, should be working to reverse this trend rather than stoking more fear and hatred,” said de Montjoye.

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United Nations

US global LGBTQ, intersex rights envoy participates in UN womenā€™s conference

Jessica Stern traveled to N.Y. this week

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Jessica Stern, the special U.S. envoy for the promotion of LGBTQ and intersex rights abroad, center, speaks outside the U.N. Security Council on March 20, 2023. She participated in this year's Commission on the Status of Women at the U.N conference. (Washington Blade photo by Michael K. Lavers)

Jessica Stern, the special U.S. envoy for the promotion of LGBTQ and intersex rights abroad, traveled to New York this week to participate in the 68th session of the Commission on the Status of Women at the U.N.

Stern arrived in New York on Tuesday and left on Friday.

The CSW68, the largest annual U.N. gathering on gender equality and womenā€™s empowerment, began on Monday and will take place through March 22 under the theme of ā€œaccelerating the achievement of gender equality and the empowerment of all women and girls by addressing poverty and strengthening institutions and financing with a gender perspective.” This year’s session holds particular significance as global statistics reveal persistent gender disparities, with 10.3 percent of women living in extreme poverty and progress towards poverty eradication lagging significantly behind targets.

Accelerating progress towards gender equality necessitates substantial investment, with an estimated additional $360 billion per year needed to achieve key global goals. Stern while in New York sought to advocate for prioritizing policies and programs that address gender inequalities and enhance women’s agency and leadership, noting the transformative impact such investments could have on lifting millions out of poverty and spurring economic growth.

At CSW68, governments, civil society organizations, experts and activists will converge to discuss actions and investments aimed at ending women’s poverty and advancing gender equality. 

Moreover, the CSW68 serves as a critical platform for sharing best practices and innovative approaches to addressing gender disparities. Stern participated in panel discussions and workshops, offered insights gleaned from her extensive experience in advocating for the rights of LGBTQ people and marginalized communities.

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