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UNHCR highlights work with LGBTQ asylum seekers in Central America

Agency adopted LGBTQ-inclusive non-discrimination policy in 2018

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A flyer from the U.N. Refugee Agency in Ciudad Hidalgo, Mexico, on Jan. 29, 2019, advises migrants who are fleeing violence, persecution, war or discrimination have a right to apply for refugee status. (Washington Blade photo by Michael K. Lavers)

Officials with the U.N. Refugee Agency in Central America and Mexico say they remain committed to helping LGBTQ asylum seekers and migrants in the region.

UNHCR Guatemala Representative Besem Obenson told the Washington Blade during an interview at her Guatemala City office last September that she and her colleagues work with Asociación Lambda and other Guatemalan NGOs to provide LGBTQ asylum seekers with access to LGBTQ-friendly shelters, psychosocial care and other programs once they identify themselves as LGBTQ. Obenson said UNHCR also works with the Guatemalan government to improve the way it responds to an asylum seeker with an ID document that does not correspond to their gender presentation.

“Our role … is to strengthen the government’s response to refugees and asylum seekers,” said Obenson.

UNHCR Guatemala Representative Besem Obenson. (Photo courtesy of UNHCR)

Rafael Zavala, a senior UNHCR official in El Salvador, echoed Obenson when he spoke with the Blade at UNHCR’s office in San Salvador, the Salvadoran capital, last July.

Zavala noted UNHCR has a formal partnership with COMCAVIS Trans, a Salvadoran transgender rights group. Zavala said UNHCR also works with two other LGBTQ groups — Aspidh Arcoíris Trans and Diké LGBTI+ — in a less official capacity.

“What we do is work at the community level to strengthen their role in communities,” Zavala told the Blade. “We also build for them safe spaces (to accept internally displaced people, migrants and deportees who are LGBTQ) and also find spaces where they can receive services, attention and legal assistance.”

Anti-LGBTQ violence among migration ‘root causes’

Vice President Kamala Harris and others have acknowledged anti-LGBTQ violence is one of the “root causes” of migration from Central America’s Northern Triangle that includes El Salvador, Guatemala and Honduras.

The Mexican Commission on Refugee Aid (COMAR) on Monday reported 27.7 percent of the 131,448 people who asked for asylum in Mexico in 2021 were Honduran.

The Justice Department notes 85,391 people asked for asylum in the U.S. in the 2021 fiscal year from Oct. 1, 2020, and Sept. 30, 2021. More than twice as many people asked for asylum in the U.S. during the 2020 fiscal year, which began before the pandemic.

The Justice Department statistics indicate 10 percent of the 8,679 Guatemalans, 11 percent of the 5,464 Hondurans and 14 percent of the 8,030 Salvadorans who applied for asylum in the U.S. during the 2021 fiscal year won their cases. Neither the Justice Department nor COMAR specify the asylum seekers’ sexual orientation or gender identity.

The Biden administration last February began to allow into the U.S. asylum seekers who the previous White House forced to pursue their cases in Mexico under the Migrant Protection Protocols program. The Biden administration has sought to end MPP, but a federal appeals court last month blocked this effort.

Title 42, a Center for Disease Control and Prevention rule that closed the Southern border to most asylum seekers and migrants because of the pandemic, remains in place.

UNHCR non-discrimination policy includes sexual orientation, gender identity

UNHCR Senior Protection Officer Sofia Cardona last summer during an interview at UNHCR’s Mexico City office acknowledged that identifying asylum seekers who are LGBTQ is a challenge. Cardona and other UNHCR representatives with whom the Blade spoke for this story referred to the agency’s 2018 non-discrimination policy that includes sexual orientation and gender identity and specifically recognizes LGBTQ asylum seekers.

“Lesbian, gay, bisexual, transgender and intersex (LGBTI) persons face complex challenges, threats and barriers and are often exposed to discrimination, abuse, prejudice and violence due to their sex, sexual orientation and/or gender identity,” notes the policy. “This is often severely compounded in situations of displacement, where the nature of the discrimination they encounter can be particularly virulent, their isolation from family and community profound and the harm inflicted on them severe.”

The policy states “diversity refers to different values, attitudes, cultural perspectives, beliefs, ethnicities, nationalities, sexual orientation, gender identity, disability, health, social and economic status, skills and other specific personal characteristics.”

“Diversity characteristics vary from person to person and intersect, making each person unique,” it reads. “These differences must be recognized, understood, respected and valued by UNHCR in each context and operation in order to address effectively the needs of all persons of concern. Respecting diversity means recognizing and valuing those differences and creating a protective, inclusive and non-discriminatory environment where everyone’s rights are upheld.”

Cardona noted UNHCR staff and representatives of NGOs and governments with which it works regularly attend LGBTQ sensitivity trainings. Topics include ways to determine whether an asylum seeker is LGBTQ without forcing them to out themselves.

“You can’t force a disclosure,” said Cardona. “You can neve directly ask somebody, so, are you gay? Are you transgender? It’s incorrect because you may put people at risk, so it’s a very thin line of you can never force a disclosure of someone’s gender identity or sexual orientation, but you must signify to somebody that you are a safe space to receive that disclosure.”

Cardona said UNHCR representatives can ask an asylum seeker what their name is or disclose to them that they are “de la diversidad” or “from a diverse background.”

“You never begin an interview assuming anything by the way a person looks because in forced displacement gender expression is unlikely to match up to gender identity,” Cardona told the Blade. “So you need to understand that you may very well have conversations with a trans man who is wearing makeup and a dress, and you may very well be having a conversation with a trans woman who has a beard because that is how they are protecting themselves in a sphere of forced displacement.”

Cardona also noted UNHCR staff wear buttons with slogans that include “en seguridad” or “espacio libre de discriminación,” which translates into “in safety” or “discrimination-free space” respectively. Both Cardona and Zavala were wearing such buttons when they spoke with the Blade.

“We try very, very, very hard to work with our staff and also our partners … so they have their capacity strengthened in LGBTI rights,” Dagmara Mejia, the director of UNHCR’s field office in the Mexican border city of Tijuana, told the Blade last summer during an interview at her office.

Mejia noted the trainings she and her colleagues conduct focuses on topics that include the use pronouns that correspond to an asylum seeker’s gender identity and shelter standards for LGBTQ asylum seekers.

UNHCR works with Jardín de las Mariposas, a shelter for LGBTQ asylum seekers in Tijuana that is less than two miles from El Chaparral, the main port of entry between the city and San Diego. UNHCR also maintains contact with Organization for Refuge, Asylum and Migration Executive Director Steve Roth and the California-based Transgender Law Center.

“If there is no disclosure, no trust, then we cannot meet their needs and respond,” said Mejia.

Jardín de las Mariposas is a shelter for LGBTQ asylum seekers in Tijuana, Mexico. (Photo by Jon Atwell/Alight)

“We also create these environments that allow the community to feel safe and to know that it is a place where they can come without the risk of discrimination,” said Zavala.

Obenson told the Blade that UNHCR has worked with the Foundation for Ecodevelopment and Conservation (FUNDAECO), a Guatemalan NGO, to hire asylum seekers who have chosen to stay in Guatemala as park rangers. Trans women are among those who FUNDAECO has hired.

“People need to feel safe,” said Obenson. “People need to be able to live their authentic selves without fear of violence or fear of retribution.”

“That for me, as a rep, is what I strive for,” added Obenson. “Everything that we do here at UNHCR is to encourage that.”

Ernesto Valle contributed to this story from San Salvador, El Salvador.

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Australia

Australia lifts additional restrictions on LGBTQ blood donors

Gay, bisexual men, trans people in long-term monogamous relationships can now donate

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(Photo by Belish via Bigstock)

The Australian Red Cross Blood Service (Lifeblood) has lifted additional restrictions on LGBTQ people who want to donate blood.

The Star-Observer, an Australian LGBTQ newspaper, reported new Lifeblood rules that took effect on Monday will allow “gay and bisexual men and transgender people in long-term monogamous relationships to donate blood and platelets for the first time.”

The new policy defines “long-term monogamous relationships” as those that are at least six months.

All potential donors — regardless of their sexual orientation or gender identity — will answer the same questions about recent sexual activity.

“Previous donor rules prevented many people from the LGBTQIA+ community from donating blood or platelets if they’d had sex within the past three months,” said Lifeblood CEO Stephen Cornelissen in a press release that announced the new policy. “These latest changes mean many gay and bisexual men and transgender people in long-term, monogamous relationships will become eligible to donate blood or platelets for the first time.”

Lifeblood in 2025 ended its blanket ban on sexually active LGBTQ people from donating blood.

Rodney Croome, an Australian LGBTQ activist who is the spokesperson for Let Us Give, a campaign that has championed the changes, donated blood on Monday.

“After three decades of advocacy, and for the first time in my life, I was able to donate blood today,” said Croome in a Facebook post that showed him donating blood. “From today, gay men, and bisexual men and transgender women who have sex with men, are able to give blood without the traditional three month abstinence period. All donors are now asked the same questions about sex regardless of the gender of our sexual partners.”

Croome in the post said “there are still problems with the new donor regime,” but said Let Us Give will continue to work with Lifeblood.

“Those who may have not been monogamous in the recent past should not be subject to a six month wait time,” he wrote. “Three months is considered more than enough in the UK, US and Canada. It should be here too. People on PrEP and trans people also face continued barriers. Let Us Give will continue to work towards greater equity in donation.”

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European Union

Top EU court strikes down Hungary’s anti-LGBTQ propaganda law

Ruling issued days after voters outed Prime Minister Viktor Orbán

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An anti-transgender book for sale in a bookstore in Budapest, Hungary, on April 4, 2024. The European Union Court of Justice has struck down Hungary's anti-LGBTQ propaganda law. (Washington Blade photo by Michael K. Lavers)

The European Union’s top court on Tuesday struck down Hungary’s anti-LGBTQ propaganda law.

Hungarian MPs in 2021 approved Act LXXIX of 2021.

“It shall be forbidden to make accessible to persons who have not attained the age of 18 years advertisement that depicts sexuality in a gratuitous manner or that propagates or portrays divergence from self-identity corresponding to sex at birth, sex change or homosexuality,” it reads.

The European Commission in 2022 challenged the law. Sixteen EU countries — Austria, Belgium, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Luxembourg, Malta, the Netherlands, Portugal, Slovenia, Spain, and Sweden — joined the lawsuit. The European Parliament also supported it. Outgoing Hungarian Prime Minister Viktor Orbán, for his part, said his government would defend the law.

The EU Court of Justice heard the case in 2024.

A press release that announced the ruling on Tuesday said Hungary “acted in breach of EU law.”

“The court finds, for the first time, a separate infringement of Article 2 TEU (Treaty on European Union), which lists the values on which the (European) Union is founded and which are common to all the Member States,” it reads. “The aspects of the amending law targeting content which portrays or promotes deviation from the self-identity corresponding to the sex assigned at birth, gender reassignment, or homosexuality constitute a coordinated series of discriminatory measures which are in breach, in a way that is both manifest and particularly serious, of the rights of non-cisgender persons — including transgender persons — or non-heterosexual persons, as well as the values of respect for human dignity, equality and respect for human rights, including the rights of persons belonging to minorities.”

“Consequently, that law is contrary to the very identity of the (European) Union as a common legal order in a society in which pluralism prevails,” notes the press release.  “Hungary cannot validly rely on its national identity as justification for adopting a law which is in breach of the values referred to above.”

The Háttér Society, a Hungarian LGBTQ rights group, said the ruling “is a milestone for the protection of human rights in the European Union, and it is also a historic victory for LGBTQI people in Hungary.”

The court issued its ruling nine days after Péter Magyar ousted Orbán in Hungary’s elections.

Orbán took office in 2010.

He and his government faced widespread criticism over its anti-LGBTQ crackdown that included laws that banned Pride events and other public LGBTQ events. (Upwards of 100,000 people last June denied the prohibition and marched in Budapest’s annual Pride parade.)

“Those amendments constitute a particularly serious interference with several fundamental rights protected by the (EU) Charter (of Fundamental Rights), namely the prohibition on discrimination based on sex,” notes the court’s press release.

The EU since Orbán took office has withheld upwards of €35 billion ($41.2 billion) in funds to Hungary in response to concerns over corruption, rule of law, and other issues. Magyar has said he will work with Brussels to unfreeze the money.

ILGA-Europe Deputy Director Katrin Hugendubel urged Maygar’s government to repeal the law.

“With this ruling, the CJEU (The EU Court of Justice) is confirming what we have been saying for six years,” said Hugendubel. “There is now no excuse for the Commission not to require Hungary to quickly withdraw the law. Hungary cannot enter a post-Orbán era without repealing this legislation, including the Pride ban.”

“If Péter Magyar truly aims to be pro-EU, he must place this at the top of his agenda for his first 100 days in office, as an essential part of his EU facing reforms,” added Hugendubel.

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National

LGBTQ Catholic groups slam Trump over pope criticism

‘Moral truth and compassion always overcome ignorant hate’

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Pope Leo XIV (Photo via Vatican News/X)

LGBTQ Catholic groups have sharply criticized President Donald Trump over his criticisms of Pope Leo XIV.

Leo on April 13 told reporters while traveling to Algeria that he had “no fear of the Trump administration” after the president described him as “weak on crime” and “terrible for foreign policy” in response to his opposition to the Iran war. (Trump on the same day posted to Truth Social an image that appeared to show him as Jesus Christ. He removed it on April 13 amid backlash from religious leaders.)

Vice President JD Vance, who is Catholic, during a Fox News Channel interview on the same day said “in some cases, it would be best for the Vatican to stick to matters of morality, to stick to matters of what’s going on with the Catholic church, and let the president of the United States stick to dictating American public policy.” Vance on April 14 once again discussed Leo during an appearance at a Turning Point USA event in Athens, Ga., saying he should “be careful when he talks about matters of theology.”

Italian Prime Minister Giorgia Meloni; former U.S. Ambassador to the Vatican Miguel Díaz; and Oklahoma City Archbishop Paul Coakley, president of the U.S. Conference of Catholic Bishops, are among those who have criticized Trump over his comments. The president, for his part, has said he will not apologize to Leo.

“The world is being ravaged by a handful of tyrants,” said Leo on Thursday at a cathedral in Bamenda, Cameroon.

Francis DeBernardo is the executive director of New Ways Ministry, a Maryland-based LGBTQ Catholic organization. He told the Washington Blade on Thursday that Trump’s comments about Leo “are one more example of the ridiculous hubris of this leader (Trump) whose entire record shows that he is nothing more than a middle-school bully.”

“LGBTQ+ adults were often bullied as children, and they have learned the lesson that bullies act when they feel frightened or threatened,” said DeBernardo. “But secular power does not threaten the Vicar of Christ, and Pope Leo’s response illustrates this truth perfectly.”

DeBernardo added Trump “is obviously frightened that Pope Leo, an American, has more power and influence than the president on the world stage.” 

“Like most Trumpian bullying, this strategy will backfire,” DeBernardo told the Blade. “Moral truth and compassion always overcome ignorant hate. Trump’s actions are not an example of his power, but of his impotence.”

Marianne Duddy-Burke, executive director of DignityUSA, an LGBTQ Catholic organization, echoed DeBernardo.

“He [Trump] has demonstrated throughout both presidencies that he doesn’t understand the basic concepts of any faith system that is founded on the dignity of human beings, the importance of common good,” Duddy-Burke told the Blade on Thursday during a telephone interview. “It’s just appalling.”

Duddy-Burke praised Leo and the American cardinals who have publicly criticized Trump.

“The pope’s popularity — given how much more respect Pope Leo has than the man sitting in the White House — is a blow to his ego,” Duddy-Burke told the Blade. “That seems to be a sore sport for him.”

“It’s such an imperialistic world view,” she added.

Leo ‘is the real peacemaker’

The College of Cardinals last May elected Leo to succeed Pope Francis after his death.

Leo, who was born in Chicago, is the first American pope. He was the bishop of the Diocese of Chiclayo in Peru from 2015-2023.

Francis made him a cardinal in 2023.

Juan Carlos Cruz — a gay Chilean man and clergy sex abuse survivor who Francis appointed to the Pontifical Commission for the Protection of Minors — has traveled to Ukraine several times with Dominican Sister Lucía Caram since Russia launched its war against the country in 2022. Cruz on Thursday responded to Trump’s criticism of Leo in a text message he sent to the Blade from Kyiv, the Ukrainian capital.

“I am in Ukraine under many attacks,” said Cruz. “Trump is an asshole and has zero right to criticize the Pope who is the real peacemaker.”

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