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Boris Johnson’s LGBTQ rights advisor visits D.C.

Nick Herbert praises efforts to evacuate LGBTQ Afghans

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Nick Herbert, a member of the British House of Lords who advises Prime Minister Boris Johnson on LGBTQ issues, speaks at the Victory Institute's 2021 International LGBTQ Leaders Conference in D.C. (Washington Blade photo by Michael Key)

British Prime Minister Boris Johnson’s advisor on LGBTQ issues last week applauded his government’s efforts to help facilitate the successful evacuation of LGBTQ Afghans from the country.

“I’m very proud of the tremendous work that’s been done by the U.K. government,” Nick Herbert, a member of the British House of Lords, told the Washington Blade on Dec. 1 during an interview in D.C. “The U.K. has shown global leadership here.”

A group of 29 LGBTQ Afghans who Stonewall, Rainbow Railroad and Micro Rainbow evacuated from Afghanistan with the help of the British government arrived in the U.K. on Oct. 29. Herbert on Nov. 6 announced a second group of LGBTQ Afghans had reached the country.

“It took … a strong effort with different parts of government working together and the determination that this was really important and that people’s safety was at risk and also that we have a moral obligation to the communities affected,” said Herbert.

The Taliban entered Kabul, the Afghan capital, on Aug. 15 and regained control of the country.

A Taliban judge has said the group would once again execute people if it were to return to power in Afghanistan. Rainbow Railroad and Taylor Hirschberg, a researcher at the Columbia Mailman School of Public Health who is also a Hearst Foundation scholar, and others have been working to help evacuate LGBTQ Afghans from the country.

Advocacy groups continue to urge the Biden administration to do more to help LGBTQ Afghans who remain in Afghanistan.

Herbert noted the British government has committed to grant asylum to 10,000 Afghans under the country’s “Operation Warm Welcome” that seeks “to ensure the Afghans who stood side by side with us in conflict, their families and those at highest risk who have been evacuated, are supported as they now rebuild their lives in the U.K.” Herbert stressed this program will “prioritize” LGBTQ people and other at-risk groups in Afghanistan.

“This shows the power of working together and governments working in partnership with NGOs to achieve something,” he told the Blade. “I fully recognize there were lots of citizens who remained in Afghanistan, and so nevertheless, I think it was very heartening to see that those Afghan citizens who are most at risk were brought to the center.”

Herbert said he expects more LGBTQ Afghans will be “brought to safety,” but he declined to provide a specific number.

Johnson raised LGBTQ rights crackdown with Hungarian prime minister

Herbert spoke with the Blade before he participated in the Victory Institute’s International LGBTQ Leaders Conference that took place in-person at the JW Marriott in D.C. from Dec. 2-4.

Johnson in May appointed Herbert as his LGBTQ rights advisor.

Herbert is the first person who officially advises a British prime minister on LGBTQ issues. The former House of Commons member also co-founded the Global Equality Caucus, a group of LGBTQ elected officials around the world who work to fight discrimination based on sexual orientation and gender identity.

Herbert throughout the interview noted his government continues to champion LGBTQ rights.

The British government on World AIDS Day pledged more than £23 million ($30.5 million) in additional funding to efforts that seek to “achieve zero new HIV infections, AIDS and HIV related deaths in England” by 2030. The British government also announced it would move to allow people with HIV/AIDS to serve in the country’s armed forces.

“It’s a legacy discriminatory policy that has no basis in sound science any longer,” said Herbert, referring to the policy against people with HIV/AIDS in the British military. “It’s entirely safe for people to serve, and we think they should be free to do so.”

A public comment period on a bill that would ban so-called conversion therapy in England and Wales is underway.  Herbert also expressed concern over the increasing backlash over efforts to expand rights to transgender people in the U.K.

“I’m troubled by the debate,” he said. “I recognize that … this is a that a complicated issue where you have an assertion of conflicting rights. But I don’t think it’s acceptable to see some of the sort of angry exchanges of language that has been seen over the course of the last few months.”

“It’s very damaging,” added Herbert.

Herbert noted to the Blade that Johnson rose Hungary’s anti-LGBTQ crackdown with Hungarian Prime Minister Viktor Orbán when the two men met in May in London. Herbert also highlighted the British government in June will host a global LGBTQ rights conference that will coincide with London Pride’s 50th anniversary.

“The prime minister, by the way, has always been very ready to raise these issues, both when foreign secretary and now as prime minister, which is why I think he wants to hold this conference on the agenda,” said Herbert.

“We have to stand together with other countries to express our concern about what is happening,” he added. “We also must take a strong stance against culture wars, and I think governments joining in culture wars results in harm to citizens.”

U.K. has ‘historic responsibility’ for anti-LGBTQ laws in former colonies

Consensual same-sex sexual relations remain criminalized in dozens of countries around the world, and many of them are former British colonies.

Then-Prime Minister Theresa May in 2018 said she “deeply” regrets colonial-era criminalization laws the U.K. introduced. Herbert spoke with the Blade two days after the Botswana Court of Appeals upheld a 2019 ruling that decriminalized consensual same-sex sexual relations in the country.

“We want to work with our partners in encouraging countries to try to change those laws,” Herbert told the Blade.

He stressed the British government has “to guard against any idea that we’re being so neocolonial,” while adding the U.K. has a “historic responsibility for these laws and their legacy.”

“The position we approach (with) this is one of respect where we, along with other countries, are encouraging decriminalization,” said Herbert. “We want to work with countries that will work with us to support them in that journey. We have to recognize that all countries have been on a journey.”

Herbert noted to the Blade that homosexuality was criminalized in the U.K. when he was born.

“We need to remember that other countries are different points of the journey, but it doesn’t all happen at once. And they have to make their own decisions on this and we have to encourage them to support them to do so,” he said. “I don’t think that this is a case of Britain lecturing, certainly not a case of dictating. It’s a question of encouraging.”

Herbert also questioned the use of sanctions against countries that enact anti-LGBTQ laws.

The British government late last year sanctioned three Chechen officials who are responsible for the anti-LGBTQ crackdown in the semi-autonomous Russian republic that continues. Herbert described these sanctions as “justified,” but said the British government has “to be careful of blunt instruments that may backfire.”

“There can be different ways to make our feelings known and to encourage countries to do the right thing,” he said.

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Botswana government to abide by decriminalization ruling

Mokgweetsi Masisi met with LGBTQ activists on Monday

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(Public domain photo)

Botswana President Mokgweetsi Masisi on Monday said his government will abide by a ruling that decriminalized consensual same-sex sexual relations in his country.

Masisi said he would implement the Botswana High Court’s 2019 ruling against sections of the Batswana Penal Code that criminalized homosexuality.

The Batswana government appealed the High Court ruling. The Botswana Court of Appeals last November upheld it.

Agence France-Presse reported Masisi invited representatives of Lesbians, Gays and Bisexuals of Botswana (LEGABIBO), a Batswana LGBTQ rights group that challenged the criminalization law with the support of the Southern Africa Litigation Center, to meet with him at his office in Gaborone, the Batswana capital.

“We demand and expect anybody to respect the decisions of our court,” Masisi told LEGABIBO members, according to Agence France-Presse.

Botswana remains one of only a handful of countries that have decriminalized homosexuality.

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Global Equality Caucus hires former El Salvador National Assembly candidate

Erick Iván Ortiz received more than 10,000 votes in 2021

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Erick Iván Ortiz (Foto cortesía de Erick Iván Ortiz)

A group of LGBTQ elected officials from around the world that fights discrimination based on sexual orientation and gender identity has hired an openly gay man who ran for the El Salvador National Assembly last year.

Erick Iván Ortiz will oversee the Global Equality Caucus’ work throughout Latin America.

This work will specifically focus on Mexico, Guatemala, Costa Rica, Colombia, Chile, Argentina, Brazil and Peru. Two events that are scheduled to take place in Mexico City in April and Buenos Aires in May will mark the official launch of the Global Equality Caucus’ efforts in the region.

“The idea at the end of the day is to confront the threats from anti-rights groups that can be identified,” Ortiz told the Washington Blade during a recent interview in the Salvadoran capital of San Salvador.

Ortiz, who is a member of Nuestro Tiempo, a new Salvadoran political party, received 10,615 votes when he ran for National Assembly in 2021. Ortiz would have been the first openly gay man elected to the country’s legislative body if he had won.

Editor’s note: The Blade on Monday published a Spanish version of this story that El Salvador Correspondent Ernesto Valle wrote.

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Election in India’s most popular state seen as crucial LGBTQ rights test

Right-wing Bharatiya Janata Party currently governs Uttar Pradesh

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(Bigstock photo)

India’s most populous state and a battleground for Prime Minister Narendra Modi will hold the election in seven phases in February as the Election Commission of India has announced.

The Uttar Pradesh election is the key prize in India’s parliamentary election as the state holds 80 parliamentary seats, the most in the country. Uttar Pradesh’s LGBTQ community and LGBTQ people from across the country have been eyeing this election because it can play a crucial role in policy changes for the community in India.

The Bharatiya Janata Party (BJP), a right-wing nationalist party, is ruling Uttar Pradesh. The party is also ruling the country under Modi, but it has not been supportive of same-sex marriage.

“We are not a minority anymore. The community is thriving in the state,” said Lovpreet, a Lucknow-based activist who works for transgender rights in Uttar Pradesh. “If the current government is not going to give us the right for same-sex marriage, we should remove the government in this election.”

The ruling party is yet to release its election manifesto, but the party is not considering listing LGBTQ issues in it.

A newly married same-sex couple from New York last year applied for an OCI (overseas citizen of India) Card, which would have allowed them multiple entries and a multi-purpose life-long visa to visit India, but the country did not recognize them as legally married and refused to issue it to them.

The couple filed a petition in Delhi High Court. Solicitor General Tushar Mehta, who is the central government’s legal representative, stated in response to the petition that marriage is permissible between a “biological male” and “biological female” and the government therefore cannot issue an OCI Card to their spouse.

Although India struck down a colonial-era law that criminalized homosexuality in 2018, there is still no law for same-sex marriage. The LGBTQ community has been demanding for years that political parties legalize same-sex marriage, but the issue is yet to appear in any party’s manifesto.

Lovpreet, who lives in Uttar Pradesh, believes that BJP is doing some good, like forming a trans advisory board last September.

“BJP is slowly moving towards being LGBTQ friendly, and if given the time and opportunity, it can do some good in the future,” said Lovpreet.

The Indian National Congress (INC), a leading central left-wing party, is also fielding its candidate in the state election, but the party does not see LGBTQ issues as important.

Dr. Shashi Tharoor, an MP and chair of All India Professionals Congress, the INC’s professional wing, refused multiple requests to speak on the legalization of same-sex marriage. The INC last week released its manifesto for the Uttar Pradesh election, but there were no promises for the LGBTQ community.

Former Defense Minister Jitendra Singh, an INC member who will set the party’s agenda ahead of the Uttar Pradesh election, also refused to speak about the legalization of same-sex marriage and other LGBTQ issues in the state and the country.

Ram Gopal Yadav, the leader of the left-wing socialist Samajwadi Party and the head of the Council of States (Rajya Sabha), the upper house of the Indian Parliament, in 2013 while speaking with the media explicitly said that homosexuality is “unethical and immoral.” But the Samajwadi Party has recently changed its tone regarding the community.

“With every aspect, whether it is farmers, whether it is women, whether it is children or the LGBTQ community, there will be continuous policy measures of the party that are progressive and liberal,” said Samajwadi Party spokesperson Ghanshyam Tiwari. “When the government is progressive and not bounded by dogma, then every issue related to any community has to be looked at in a manner that gives equal opportunity and be empathetic towards them. The more vulnerable the community is, the greater government needs to do,” he added further. 

The Mayawati Prabhu Das-led Bahujan Samaj Party, a national party that is running in the Uttar Pradesh election, has emerged as an LGBTQ ally. The party, however, has not released its election manifesto and it is yet to be seen if it will include LGBTQ issues.

There is no political party in Uttar Pradesh or the country with significant LGBTQ representation.

Tiwari in a statement to the Washington Blade said there is no plan yet for the Samajwadi Party to field candidates from the community in the upcoming election, but the party can consider it for the upcoming parliamentary election.

“The central government is not decriminalizing same-sex marriage. They are looking at the conservative vote bank,” said Preeti Sharma Menon, a spokesperson of the Aam Aadmi Party.

Aam Admi Party is a national party in the country. The party had fielded candidates in previous Uttar Pradesh elections but had no significant luck.

“To appease conservative voters, the ruling party, the BJP, is not taking steps to legalize same-sex marriage,” Menon added further.

The Aam Aadmi Party in the previous parliamentary election had a trans candidate from Uttar Pradesh. The party has expressed its desire to field other candidates in the state’s election from the community.

The BJP is ruling both the country and the Uttar Pradesh with no intention to support or address LGBTQ issues.

Senior BJP leader Sudhir Mungantiwar from the state of Maharashtra last year made several homophobic comments in Parliament. The party did not punish him, nor did other political parties condemn his statements.

It is yet to be seen how this election impacts policies of different political parties for the LGBTQ community in the upcoming parliamentary election of the country.

Mohit Kumar (Ankush) is a freelance reporter who has covered different stories that include the 2020 election in the U.S. and women’s rights issues. He has also covered NASA, the European Space Agency, the Canadian Space Agency and loves to help people. Mohit is on Twitter at @MohitKopinion and can be reached at [email protected].

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