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Biden highlights LGBTQ rights in UN General Assembly speech

President noted crackdowns in Chechnya, Cameroon

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President Biden addresses the U.N. General Assembly on Sept. 21, 2021. (Screen capture via NBC News)

President Biden on Tuesday in his speech to the U.N. General Assembly spoke in support of LGBTQ rights around the world.

“We all must defend the rights of LGBTQI individuals so they can live and love openly without fear,” he said.

Biden in his speech specifically cited anti-LGBTQ crackdowns in Chechnya and Cameroon. He spoke after Brazilian President Jair Bolsonaro, who is a vocal opponent of LGBTQ rights, addressed the General Assembly.

“As we pursue diplomacy across the board, the United States will champion the democratic values that go to the very heart of who we are as a nation and a people: freedom, equality, opportunity and a belief in the universal rights of all people,” said Biden.

The White House earlier this year released a memorandum that committed the U.S. to promoting LGBTQ rights abroad.

The decriminalization of consensual same-sex sexual relations and protecting LGBTQ migrants and asylum seekers are two of the administration’s five priorities in its efforts to promote LGBTQ rights abroad. Secretary of State Antony Blinken last week expressed concern over the fate of LGBTQ Afghans who remain in their country after the Taliban regained control of it, but it remains unclear how many of them the U.S. has been able to evacuate.

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Transgender activist fights for change in Pakistan

Jannat Ali attended 2018 HRC summit in D.C.

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Jannat Ali at WorldPride 2021 in Copenhagen, Denmark (Photo courtesy of Jannat Ali)

A pioneering transgender activist in Pakistan continues her fight for change in her country.

Jannat Ali—who describes herself as an “artivist”— is the executive director of Track T, a trans rights organization that is based in Lahore, the country’s second largest city that is the capital of Punjab province.

Track T in December 2018 organized Pakistan’s first-ever trans Pride march that drew nearly 500 people. A law that permits trans people to legally change the gender on their national ID cards and other official documents, allows them to vote and bans discrimination based on gender identity in employment, health care, education and on public transportation took effect earlier that year.

“That was an opportunity (for people) to celebrate their real true identities,” Ali told the Washington Blade on Aug. 19 during a telephone interview from Copenhagen, Denmark, where she was attending WorldPride 2021. “People were shaking hands because we did it so beautifully.”

Jannat Ali, left, with Delaware state Sen. Sarah McBride at WorldPride 2021 in Copenhagen, Denmark (Photo courtesy of Jannat Ali)

Ali in March launched “Journey with Jannat”, an “inclusive infotainment show” with episodes on Instagram and YouTube. She is the first openly trans person to host her own program in Pakistan.

Ali in 2018 traveled to D.C. to participate in the Human Rights Campaign’s annual Global Innovative Advocacy Summit. Track-T last year received a $5,000 HRC grant.

“They changed my life,” Ali told the Blade, referring to HRC. “They helped me to fulfill my dreams in my life and make me be able to share my work.”

Pakistan’s Supreme Court in 2009 ruled in favor of recognizing trans people as a third gender on identity cards. The Pakistani government in July opened the country’s first school for trans people.

Section 377 of Pakistan’s colonial-era penal code that criminalizes consensual same-sex sexual relations remains in place. Ali told the Blade that implementation of the 2018 trans rights law— especially in the country’s tribal areas along the border with Afghanistan and in rural Pakistan — remains a problem.

“The government doesn’t (make it a) priority,” she said. “It’s a responsibility of other provinces to adopt or to amend it and present their bill in their own provinces.”

Ali said violence based on gender identity remains prevalent in these areas.

Alisha, a trans activist who worked with Trans Action in Peshawar, a city in Khyber Pakhtunkwa province that borders Afghanistan, died in 2016 after a man who reportedly raped her shot her several times.

Activists said staff at a local hospital delayed treatment because she was trans. The province’s then-governor ordered personnel to place Alisha in a private room, but she died a short time later.

“We are thankful to the governor,” a local activist told the Blade after Alisha’s death. “This was the first time that a government executive showed support.”

Taliban regaining control of Afghanistan ‘really sad’

Ali spoke with the Blade four days after the Taliban entered Kabul, the Afghan capital, and regained control of the country.

A Taliban judge in July said the group would once again execute gay men if it were to return to power in Afghanistan.

Some of the 50 Afghan human rights activists who Taylor Hirschberg, a researcher at the Columbia Mailman School of Public Health who is also a Hearst Foundation scholar, has been able to help leave the country are LGBTQ since. The Toronto-based Rainbow Railroad and Immigration Equality are among the other groups that have continued their efforts to evacuate LGBTQ Afghans since American troops completed their withdrawal from the country on Aug. 30.

“I was really worried,” Ali told the Blade when asked about the plight of LGBTQ Afghans in Afghanistan after the Taliban regained control of the country. “I was really sad.”

Ali this week said she is now “in touch” with LGBTQ Afghans who have fled to northern Pakistan.

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Jamaica man attacked after using gay dating app

Victim’s penis partially severed before he was set on fire

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A Jamaican and Pride flag fly on the beach in Montego Bay, Jamaica, on Oct. 15, 2018. (Photo courtesy of Maurice Tomlinson's Facebook page)

An 18-year-old man in Jamaica remains hospitalized in critical condition after he was targeted on a gay dating app.

The Jamaica Gleaner reports the victim on Oct. 11 went to a neighborhood in Montego Bay, a resort city that is the capital of Jamaica’s St. James Parish, to meet the man with whom he was speaking.

The newspaper reports the man and two other men abducted the victim, robbed him and partially severed his penis before they set him on fire. Officials said the three men took his cell phone and used his bank card to withdraw money from his account.

“He is a very lucky young man because although they left him in a critical condition, he managed to make his way to a security checkpoint in the community where they assisted him to the hospital, where he was admitted in critical condition,” a local police officer told the Jamaica Gleaner.

The Jamaica Gleaner reported a 43-year-old man in St. James Parish disappeared in January 2020 after he went to meet someone with whom he had spoken on a gay dating website. Authorities later found the man’s body, and two men have been charged with his murder.

Violence against LGBTQ Jamaicans remains commonplace. Consensual same-sex sexual relations also remain criminalized in the country.

J-FLAG, a Jamaican LGBTQ rights group, has condemned the latest attack.

“Like all well-thinking Jamaicans at this time, JFLAG is outraged at the recent attack on an 18-year-old man in St. James,” tweeted J-FLAG on Sunday. “His attackers must be brought to justice.”

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Botswana attorney general seeks to recriminalize homosexuality

High Court heard case on Oct. 12

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(Public domain photo)

GABORONE, Botswana — On June 11, 2019, Botswana moved toward being a state that no longer held some of its citizens (and, by extension, visitors) as criminals if they identified within the LGBTQ spectrum. However, the government didn’t take too long before it declared its intention to appeal the High Court judgment that asserted that consensual same-sex sexual activity in private was not to be a criminal act.

The appeal hearing took place on Oct. 12.

There are some key things to understand about what the High Court did for people in Botswana. The judgment, written and delivered by Justice Leburu, not only put a clear delineation between the state’s powers to intrude in people’s private sexual lives, but it also stated that laws that served no purpose in the governance of the people they oversaw were most likely worthy of “a museum peg” more than being active laws of the land.

In the hearing on Oct. 9, a full bench of five judges of the Court of Appeal was treated to the government’s case—as presented by advocate Sydney Pilane of the Attorney General’s Chambers—along with hearing the rebuttals from the legal counsel representing Letsweletse Motshidiemang, who brought the original case against the government, and LEGABIBO, an NGO admitted as amicus curiae, a friend of the court. The appeal, two years in the making, would have been expected to be based on facts rather than opinions of what could and could not be accepted by hypothetical Batswana. Pilane even went so far as to contest that President Mokgweetsi Masisi’s utterances about how people in same-sex relationships were “suffering in silence” were taken out of context as he was talking about gender-based violence and not endorsing their relationships.

The 2019 ruling of the High Court, the most supreme court of incidence in the country, not only declared people who were or had interest in engaging in consensual same-sex sexual activity not criminals, but it also allowed non-queer people to engage in sex acts that would otherwise be considered “against the order of nature” freely. The latter clause had often been interpreted as being solely about non-heterosexuals but on greater interrogation one realizes that any sex act that doesn’t result in the creation of a child was considered against this ‘order of nature’ and that nullified much of heterosexual sexual exploration—further painting these clauses as out of touch with contemporary Botswana as Leburu expressed.

In some of his appeal arguments, Pilane stated that Batswana “do not have a problem with gay people”, yet he based his contention on the fact that Batswana “respect the courts’ decisions;” as such they would not take up arms at the court’s decision to decriminalize consensual same-sex sexual activity. Pilane maintained that the decision to decriminalize should be left to the Parliament on the recommendation of the courts. The bench was swift to query whether a body of politicians elected by a majority would be the best representatives of a minority that was oppressed by laws that the very politicians benefitted from.

Botswana’s legal system allows for the High Court ruling to remain the law of the land until such a point as it’s struck down. The Court of Appeal ruling in favor of Batswana’s sexual liberties will be a nail in the proverbial coffin of residual colonial sex-related laws plaguing Botswana. This will not be the end by any means though. Where the attorney general can form a case stating that decriminalizing consensual same-sex relations could be likened to people locking themselves in their houses with animals and having their way with them, we know that mindset changes need to be prioritized to ensure that all Batswana understand their constitutionally protected rights to privacy, expression, and freedom of association as relates to their personal and sexual lives.

The 2010 Employment Act of Botswana already protects people from being discriminated against based on their sex or gender identity. The nation’s sexual violence laws were made gender neutral, thus covering non-consensual sex (rape) in all its possibilities. In upholding the ruling of the High Court, the Court of Appeal will allow the LGBTQ and SOGIESC (sexual orientation, gender identity and expression and sex characteristics) movements in Botswana some respite as attention is then channeled toward other pressing matters such as name changes, access to healthcare, and other culturally pertinent issues.

The Court of Appeal is expected to hand down a judgement following their deliberations in 4-6 weeks (mid to late November), however, this remains at their discretion. As it stands, since the High Court ruling in 2019, Botswana has experienced increased social accommodation for LGBTQ matters and figures—however, this is not to say there have not been any negative instances. With the continued sensitization, the expectation is that the courts, the government and NGO players will all contribute to a broad, national, culturing of LGBTQ rights in Botswana devoid of colonial residues.

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