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Thailand Constitutional Court rules against marriage equality

Advocacy group challenged Section 1448 of country’s Civil and Commercial Code

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(Photo public domain)

Thailand’s Constitutional Court on Wednesday ruled a law that defines marriage as between a man and a woman in the country is constitutional.

The Foundation for Sexual Orientation and Gender Identity Rights and Justice, a Thai advocacy group, filed a lawsuit that challenged Section 1448 of the country’s Civil and Commercial Code, which does not extend marriage rights to same-sex couples. Bloomberg said the Constitutional Court in its ruling said Thai lawmakers “should draft laws that guarantee the rights for gender diverse people.”

Sunai Phasuk, a senior researcher for Human Rights Watch who focuses on Thailand, in a tweet said the decision makes the “government’s pledges to promote gender equality meaningless.”

Taiwan in 2019 became the first country in Asia to extend marriage rights to same-sex couples.

The Thai Cabinet in 2018 approved a bill that would allow same-sex couples to enter into civil unions. The government last year backed a second version of the measure.

Tunyawaj Kamolwongwat, a Thai MP who is a member of the Move Forward Party, has introduced a marriage equality bill.

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Africa

Kenyan advocacy groups join fight against femicide

30 women have been murdered in the country this year

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Kenyan flag (Photo by rarrarorro/Bigstock)

Some LGBTQ rights groups in Kenya have devised new security strategies to protect female community members from the risk of femicide that has been on the rise in the country in recent years. 

The strategies employed include hiring trained security response teams, emergency toll-free numbers for swift intervention and training queer women on safety as they go about their daily lives in homophobic societies.  

The LGBTQ rights organizations’ move to come up with their safety measures is driven by laxity by security agencies that they accuse of “personal bias, discrimination and victimization” of the complainants based on their sexual orientation whenever they seek help.

Consensual same-sex sexual relations are outlawed in Kenya under Sections 162 and 165 of the Penal Code and the queer rights groups the Washington Blade interviewed said the authorities exploit this criminalization. 

“We have contracted two security response focal persons in our organization to respond to violations of LBQ womxn in Kenya,” noted Elly Doe, the executive director of KISLEB, a Kisumu-based organization that champions the rights of lesbian, bisexual and queer women.

Doe, whose organization also advocates against femicide, said KISLEB is part of a special security situation room formed to explore ways of tackling rising cases of insecurity among the LGBTQ community in the country. 

The Initiative for Equality and Non-Discrimination, an LGBTQ rights organization also contacted by the Blade, stated it has been conducting advocacy programs that include creating safer spaces forums to address femicide and violence against women both physical and online.   

One of the forums convened last September in Mombasa, for instance, explored how communities and institutions can work together to prevent violence against marginalized women, effective support for survivors, mentorship and awareness campaigns. The participants included lesbian, bisexual, queer and transgender women, women in politics, sports, media, women living with disabilities and sex workers.    

INEND Communications Officer Melody Njuki, who expressed her organization’s concern over growing cases of femicide, oppression and violence against women, including those who identify as queer that go unchecked is caused by several social factors that include economic exclusion. 

“The intersectional issues faced by marginalized communities and structurally silenced women particularly sex workers and LBQT+ individuals adds complexity to the challenges experienced by victims of femicide due to discrimination, stigma and systemic inequalities exacerbating the vulnerability of women to violence,” Njuki said. 

Both INEND and KISLEB last month joined other LGBTQ rights groups, feminists and dozens of human rights organizations in Kenya in a nationwide street protest against rising cases of femicide and violence against women. 

The Jan. 27 protests were in response to the brutal killing of 16 women across the country since the beginning of the year. Hundreds of women, including those who identify as queer, during a Valentine’s Day vigil donned black outfits and held lit candles and red roses in honor of this year’s femicide victims, whose number had risen to more than 30.

“KISLEB as an organization that champions the rights of the LBQ womxn could not sit back and watch as women are being intentionally violated and killed yet in recent years the number has been rising rapidly and so many culprits go unpunished,” Doe said over her organization’s participation in the protest. “Participating in the protest was our way of expressing our solidarity with other women’s rights organizations in condemning femicide.”

Doe raised a concern over a rise in the number of homophobic threats against queer women, particularly on social media and residential areas, and called for police officers to be sensitized on LGBTQ issues to deal with this menace without discrimination. 

“We have also seen the cases of the murders of the LGBTQ community rising such as a trans woman activist Erica Chandra in August in Nairobi and a nonbinary lesbian woman Sheila Lumumba in April 2022,” she said. 

INEND, together with the National Gay and Lesbian Human Rights Commission, and Galck+ which participated in Lumumba’s murder case last December, were disappointed with the court after sentencing the suspect Billington Mwathi to 30 years in jail. The three LGBTQ rights groups described the sentence as “lenient” and said it didn’t meet the justice Lumumba deserved — the suspect raped her before killing her.

The organizations said they wanted Mwathi to receive a life sentence because Lumumba’s killing was not just an act of violence on an individual, but an attack on the dignity and safety of the LGBTQ community.  

INEND, nonetheless, attributes the rise in femicide to victim blaming on the part of the public and some leaders, which leads to a disconnect on the protection of the victims’ rights and its subsequent erosion as witnessed in the LGBTQ community.  

“The road to genocide starts with the dehumanization of the most marginalized, then continues to devour its way up the hierarchy of patriarchal systems,” Njuki said.  

She disclosed INEND was organizing a collective movement dubbed “#EndFemicideKe” to enlighten policymakers on the dire need to enforce strict measures on the killing of women. Njuki, however, commended jurists who are members of the Kenya Magistrates and Judges Association for their partnership with INEND and willingness to show a deeper understanding of human rights particularly the protection of LGBTQ rights.

She cited last year’s launch of a judicial guidebook to help judges better protect queer people’s rights and the High Court’s ruling that allowed the National Gay and Lesbian Human Rights Commission to register as a non-governmental organization in promoting freedom of association.

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Eastern Europe

LGBTQ Ukrainians bear brunt of psychological toll amid ongoing war

Saturday marks two years since Russia invaded country

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A Pride commemoration in Kharkiv, Ukraine, on Sept. 25, 2022. (Photo courtesy of Sphere Women's Association)

As Ukraine weathers Russian missile attacks and endures a harsh winter, the psychological consequences on its LGBTQ community are emerging as a distressing and often overlooked aspect of the conflict.

Recent reports from Human Rights First, based on their visits to the northeastern Ukrainian region of Kharkiv, shed light on the profound emotional impact experienced by LGBTQ individuals amid the sustained Russian aggression.

Saturday marks two years since Russia’s full-scale invasion of Ukraine began. Throughout this time, Human Rights First has sought to bring human rights into the heart of the discussion surrounding the conflict, offering support to human rights defenders, activist organizations, and individuals profoundly affected by the war.

Human Rights First last November initially surveyed Kharkiv to understand how communities were preparing for the harsh winter. Returning last month they found the LGBTQ community faced not only the physical challenges of extreme temperatures but also the hidden harm of severe psychological distress.

Human rights defenders on the forefront were documenting war crimes and supporting marginalized communities, including LGBTQ individuals. They emphasized the critical need for specialized psychological support within this community.

Vasyl Malikov, a key figure in Kharkiv-based LGBTQ NGOs Alliance.Global and Spectrum Women’s Association in Kharkiv, spoke about the increasing requests for psychological assistance and counseling. 

Malikov highlighted the urgent need for both psychologists and a more comprehensive education about mental health and trauma issues.

“Some counseling can be done online, and it’s better than nothing, but what’s really needed is face-to-face time with a psychologist. Of course, that’s resource-intensive,” Malikov said, underscoring the unique challenges faced by the LGBTQ community.

Associate Professor Taras Zhvaniia, collaborating with Alliance.Global, shared insights into the growing demand for psychological support within the LGBTQ community. Initially addressing trauma in children, the scope expanded to include adults grappling with anxiety, depression and other emotional challenges related to the ongoing conflict.

Zhvaniia detailed the psychological struggles unique to the LGBTQ community, ranging from anxiety and panic attacks to specific fears such as reluctance to sleep in beds at home, avoiding bomb shelters and apprehension about routine activities during shelling.

Efforts to increase psychological knowledge for the general population are underway, yet the escalating demand for LGBTQ-focused support outpaces available resources. Human rights defenders have proposed measures, including funding for online counseling and visits by foreign psychologists, specifically tailored to address the psychological impact on the LGBTQ community.

The silent struggle faced by the LGBTQ community in Kharkiv and beyond necessitates international attention, according to Human Rights First. The organization added the lack of adequately trained psychologists raises concerns about the unaddressed psychological impact, underscoring the urgency for U.S. officials and the international community to comprehend and respond to the unique challenges faced by LGBTQ individuals in the midst of the ongoing conflict.

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Africa

Zimbabwean vice president reiterates strong opposition to LGBTQ rights

Constantino Chiwenga condemned advocacy group’s scholarship

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Zimbabwean Vice President Constantino Chiwenga (Screen capture via SABC News YouTube)

Zimbabwean Vice President Constantino Chiwenga has expressed concerns over what he has described as foreign recruitment of LGBTQ people in the country.

Chiwenga on Feb. 15 described Zimbabwe as a Christian country and therefore does not have room to accommodate those who identify as LGBTQ. His comments were in response to Gays and Lesbians of Zimbabwe and the advocacy group’s annual scholarship program that provides funds to people who identify as LGBTQ.

“The government of Zimbabwe strongly and firmly rejects and denounces as unlawful, un-Christian, anti-Zimbabwean and un-African, insidious attempts by foreign interests to entice, lure and recruit Zimbabwe’s less privileged, but able students into lesbian, gay, bisexual and transgender activities and malpractices through offers of educational scholarships,” he said.

“Zimbabwe has legislated against all such deviances, making any offers predicated on the same aberrations both unlawful and criminal, and a grave and gross affront on our national values and ethos as a Christian nation,” he added.

Chiwenga said such scholarships are a national threat and highlighted that anyone who identifies as LGBTQ shall not be enrolled at any educational institution.

“To that end, government sees such scholarship offers as a direct challenge on its authority, and thus will not hesitate to take appropriate measures to enforce national laws, and to protect and defend national values,” he said.

“Our schools and institutions of higher learning will not entertain applicants, let alone enroll persons associated with such alien, anti-life, un-African and un-Christian values which are being promoted and cultivated by, as well as practiced in decadent societies with whom we share no moral or cultural affinities,” added Chiwenga.

The vice president also said Zimbabwe shall not be influenced by any country to change its stance with regards to the LGBTQ community.

“Zimbabwe is a sovereign, African state with definite laws and values which typify it, cutting it apart from other mores,” said Chiwenga. “Young Zimbabweans who qualify for enrolment into tertiary institutions here and elsewhere, should approach government departments tasked to give grants and scholarship support to deserving cases. They should never be tempted to trade or sell their souls for such abominable and devilish offers.”

Activists and commentators have sharply criticized Chiwenga’s comments, saying people’s sexual lives should not be of public concern.

“This scholarship has been going on for years and many graduates have been supported and gainfully employed,” noted GALZ Programs Manager Samuel Matsikure. “In the 90s it showed LGBT (people) who were bullied, outed and faced harassment would drop out of school, hence, it was important to provide them with basic education so they can support themselves in life.”

Stacey Chihera, a social commentator, said what consenting adult individuals decide to do behind closed doors should never be up for public discussion. 

“I wish this entitlement about individual sexuality was applied to corruption, service delivery and infrastructure development,” said Chihera. “What consenting adult individuals decide to do behind closed doors with their private parts should never be up for discussion! Not even by the government.”

Namatai Kwekweza a lawyer and an activist, said the vice president was scapegoating the real issues on the ground that are affecting the country on a daily basis.

“The facts being a scapegoat is necessary for an underperforming and evil government that will overzealously and hypothetically talk about morality and Christian values except when it comes to corruption, looting, genocide, abductions, torture, elections fraud, abuse of office, sexual abuse,” said Kwekweza. “These leaders must be seen more, major more and heard loudest in matters of public accountability and returning stolen loot, than in matters of moral grandstanding of which they have no moral authority in the first place.”

Consensual same-sex sexual relations remain criminalized in Zimbabwe with up to 14 years in prison.

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