World
Immigration Equality condemns deportation of Haitian migrants, asylum seekers
Prominent activist found dead in Port-au-Prince home in 2019
Immigration Equality on Wednesday sharply criticized the Biden administration over the deportation of Haitian migrants and asylum seekers from the U.S.
“Over 10,000 Haitian migrants and asylum seekers are waiting at America’s doorstep, but the Biden administration won’t uphold their basic right to ask for protection,” said Immigration Equality Legal Director Bridget Crawford in a press release. “This is blatantly illegal and morally reprehensible. Many of these people are asylum seekers who face grave danger if returned to Haiti. They have traveled thousands of miles to escape a country torn apart by devastating earthquakes and political turmoil.”
The White House in recent days has been struggling to respond to the influx of Haitian migrants and asylum seekers in Del Rio, Texas, which is across the Rio Grande from Ciudad Acuña, Mexico. Pictures of U.S. Border Patrol agents on horseback chasing and whipping Haitians have sparked widespread outrage.
Title 42, a Centers for Disease Control and Prevention rule that closed the Southern border to most migrants and asylum seekers because of the pandemic, remains in place. The U.S. Department of Homeland Security has begun to deport Haitian migrants and asylum seekers from Texas.
Immigration Equality in its press release notes Charlot Jeudy, a member of Kouraj, a Haitian LGBTQ rights group, was found dead inside his home in Port-au-Prince, the country’s capital, in 2019.
Violence and discrimination based on sexual orientation and gender identity remain commonplace in Haiti.
President Jovenel Moïse’s assassination on July 7 and an 7.2 magnitude earthquake on Aug. 14 that left scores of people dead and displaced hundreds of thousands of others have caused additional turmoil in Haiti, which is the Western Hemisphere’ poorest country.
A 7.0 magnitude earthquake that devastated Port-au-Prince and surrounding areas in 2010 killed an estimated 200,000 people.
Fondation SEROvie, a Haitian HIV/AIDS service organization, contributed to relief efforts after Hurricane Matthew caused widespread damage on the country’s Tiburon Peninsula in 2016. Last month’s earthquake struck in the same area.
“For LGBTQ people in particular, expulsion means returning to a society that rejects them. They are frequent targets of violence and sexual assault, including by the police,” said Crawford. “The country is fundamentally unsafe for the queer and transgender community.”
“Instead of welcoming Haitian asylum seekers as the U.S. should, the Biden administration is sending them back to life-threatening conditions,” added Crawford. “We call on the administration to halt the deportation flights immediately and end Title 42 in its entirety. The disturbing images of border agents on horseback chasing down terrified Haitian migrants go against the administration’s professed ideals. Shame on the Biden administration for embracing this xenophobic and illegal Trump-era policy and mistreating vulnerable migrants.”
European Union
Top EU court: Poland must recognize same-sex marriage from other European countries
Activists celebrate landmark decision
The European Union’s top court on Tuesday ruled member states must recognize same-sex marriages legally performed in other member states.
The EU Court of Justice in Luxembourg ruled in favor of a couple who challenged Poland’s refusal to recognize their German marriage.
ILGA-Europe notes Polish authorities refused “to transcribe into the civil register a certificate of same-sex marriage concluded” in Germany “between a Polish citizen and a Polish-German citizen … on the grounds that Polish law does not allow same-sex marriage.”
The couple who lives in Poland brought their case to Polish courts. The Polish Supreme Administrative Court referred it to the EU Court of Justice.
“Today’s ruling of the Court of Justice of the EU is of key importance not only for the couple involved in the case, but also for the entire LGBT+ community in Poland,” said the Campaign Against Homophobia, a Polish LGBTQ and intersex rights group, in response to the decision. “It clearly states that refusing to transcribe a marriage concluded abroad is incompatible with EU law. Therefore, regardless of the absence of registered partnerships and marriage equality, Poland must ensure the possibility of effective transcription.”
“With this judgment, the CJEU clearly states that the recognition of marriage status is key to enjoying EU citizens’ fundamental right to freedom of movement across the EU,” added ILGA-Europe Advocacy Director Katrin Hugendubel. “The EC now needs to ensure that this judgment is implemented quickly by the Polish state and across the EU.”
Sixteen EU countries — Ireland, Portugal, Spain, France, Luxembourg, Belgium, the Netherlands, Germany, Denmark, Austria, Slovenia, Malta, Greece, Sweden, Finland, and Estonia — have extended full marriage rights to same-sex couples. Poland, Romania, Bulgaria, and Slovakia are the EU countries with no legal recognition of same-sex couples.
Dominican Republic
Dominican court strikes down police, military sodomy ban
Nov. 18 ruling ‘a decisive step’ against discrimination
The Dominican Republic’s Constitutional Court on Nov. 18 ruled the country’s National Police and Armed Forces cannot criminalize consensual same-sex sexual relations among its members.
Human Rights Watch in a press release notes the landmark decision struck down Article 210 of the National Police’s Code of Justice and Article 260 of the Armed Forces’ Code of Justice.
Police officers and servicemembers who engaged in same sex “sodomy” faced up to two years or one year in prison respectively. Human Rights Watch in its press release said the provisions violated “constitutional guarantees to nondiscrimination, privacy, free development of personality, and the right to work” in the Dominican Republic.
“For decades, these provisions forced LGBT officers to live in fear of punishment simply for who they are,” said Cristian González Cabrera, a senior Human Rights Watch researcher. “This ruling is a resounding affirmation that a more inclusive future is both possible and required under Dominican law.”
Consensual same-sex sexual relations have been legal in the Dominican Republic since 1822, more than two decades before it declared independence from neighboring Haiti.
The Armed Forces Code of Justice had been in place since 1953. The National Police Code of Justice took effect in 1966.
Anderson Javiel Dirocie de León and Patricia M. Santana Nina challenged the policies in court.
“This decision marks a decisive step toward ensuring that these institutions, as well as any public or private body, adapt their rules and practices to guarantee that no person is discriminated against or sanctioned for their sexual orientation,” said Santana in the press release.
Dominican law does not ban discrimination based on sexual orientation or gender identity in employment, education, housing, and other areas. The country’s constitution defines marriage as between a man and a woman.
James “Wally” Brewster, who was the U.S. ambassador to the Dominican Republic from 2013-2017, is openly gay. Religious leaders frequently criticized him and his husband, Bob Satawake.
Brewster in a text message to the Washington Blade said the Constitutional Court ruling is “important.”
Brazil
Black transgender singer from Brazil wins three Latin Grammy Awards
Liniker performed at Las Vegas ceremony
A Black transgender singer and songwriter from Brazil on Nov. 13 won three Latin Grammy Awards.
Liniker, who is from Araraquara, a city in São Paulo State, won for Best Portuguese Language Song for her song “Veludo Marrom,” Best Portuguese-Language Urban Performance for her song “Caju” from her sophomore album of the same title, and Best Portuguese Language Contemporary Pop Album for “Caju.”
She accepted the awards during the Latin Grammy Awards ceremony that took place in Las Vegas. Liniker also performed.
“I’ve been writing since I was 16. And writing, and poetry, have been my greatest form of existence. It’s where I find myself; where I celebrate so many things I experience,” said Liniker as she accepted her first Latin Grammy on Nov. 13. “And being a composer … Being a trans composer in Brazil — a country that kills us — is extremely difficult.”
Liniker in 2022 became the first openly trans woman to win a Latin Grammy.
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