World
UNHCR highlights work with LGBTQ asylum seekers in Central America
Agency adopted LGBTQ-inclusive non-discrimination policy in 2018

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.

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.

“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.
Argentina
Argentine president restricts transgender minors access to hormone treatments, surgeries
Advocacy groups say they could challenge Javier Milei’s decree in court

Argentine President Javier Milei on Feb. 5 issued a decree that restricts minors’ access to gender-affirming surgeries and hormone treatments.
Human rights organizations and LGBTQ groups have condemned the edict that modifies Argentina’s landmark Gender Identity Law.
The International Lesbian, Gay, Bisexual, Trans and Intersex Association for Latin America and the Caribbean (ILGALAC) and ILGA World have condemned the decree, noting it “imposes severe restrictions on the right to gender identity of trans and non-binary people, particularly young people.” They further state the restriction “ignores scientific evidence and the recommendations of international bodies, such as the World Health Organization (WHO) and the Inter-American Commission on Human Rights (IACHR).”
The Argentine Federation of Lesbians, Gays, Bisexuals and Trans (FALGBT), meanwhile, has announced it will go to court to stop the modification of the Gender Identity Law and, if necessary, will turn to international organizations. Legal experts have argued the decree is illegal and unconstitutional, and Argentina’s Supreme Court should intervene.
FALGBT President María Rachid, told the Washington Blade that “from the Argentine LGBT Federation we are filing a declaration of unconstitutionality for this DNU (the Spanish acronym for Necessary and Urgent Decree), because we consider that the president is begging for legislative powers that do not correspond to him. That law was approved by a wide majority in both chambers, where specialists of medicine, of law went to expose concrete research on these issues.”
“On the other hand, we are also going to file injunctions, both collective and individual, to defend the rights of trans children and adolescents, mainly,” said Rachid. “It is not true what he (Milei) says to justify this absolute intrusion to legislative powers, saying that 5-year-old children are mutilated. This is not true. Genital reassignment operations are performed after the age of 18, even by medical indication.”
This decree is in addition to other measures of Milei’s government that affect the LGBTQ community, such as the prohibition of gender-affirming treatments and surgeries for minors and limits on housing transgender women in female prisons.These actions have generated controversy and concern among human rights advocates and international organizations.
“President Javier Milei, since he took office, has been carrying out a series of measures that directly affect the vast majority of formal and informal workers in Argentina, and the LGBTIQNB population is no exception,” said Ornella Infante, a trans woman who is a national leader of the leftist Evita Movement. “In addition to the hate speeches that multiply violence; it is a class hatred to sectors with organizational and mobilization capacity such as women, unions, social movements, and sexual diversity.”
“It is exposed with the dismissals of LGBT people from national agencies, the definition of gender policies, the closure of INADI, a state agency that worked to eradicate discrimination in the country,” added Infante. “All of this directly affects vulnerable populations and painfully shows that it is part of their government’s ideals to end human rights policies.”
ILGA World has urged the international community, human rights organizations and democratic institutions to speak out against these measures and to demand the repeal of the decree, calling it “an abuse of executive power and a blow to democratic institutionality.”
South Africa
South Africa groups offer muted response to president’s pledge to protect LGBTQ rights
Cyril Ramaphosa gave State of the Nation speech on Feb. 6

Several South African advocacy groups say they are not moved by President Cyril Ramaphosa’s pledge to protect LGBTQ rights during the State of the Nation speech he delivered in Cape Town on Feb. 6.
“As South Africans, we stand for peace and justice, for equality and solidarity. We stand for non-racialism and democracy, for tolerance and compassion,” said Ramaphosa. “We stand for equal rights for women, for persons with disability and for members of the LGBTQI+ community.”
Even though the president made the proclamation, LGBTQ South Africans continue to face hate crimes that often end in the loss of life, despite laws that include the Preventing and Combating of Hate Crimes and Hate Speech and the prohibition of discrimination based on sexual orientation enshrined in the constitution.
In addition, U.S. President Donald Trump’s 90-day moratorium on nearly all American foreign aid has impacted several LGBTQ organizations in South Africa.
“The cut in funding has really made a negative impact towards the way we run the organization,” said Sibonelo Ncanana, civil society engagement officer for OUT LGBT Well-Being. “It’s more of a malfunction we are witnessing, so what the president said last Thursday has little relevance due to the ongoing predicament we are encountering.”
Bruce Walker, convenor of Pretoria Pride, said he appreciated Ramaphosa’s comments about the protection of LGBTQ rights, but added they were mere grandstanding.
“We really appreciate him saying this and it’s a good thing for an African leader to speak out about the rights of the LGBTI community. LGBTI rights are in our Bill of Rights and constitution,” said Walker. “However, the president’s utterances were just pure window dressing because the current government refuses to condemn the treatment of LGBTI communities in Africa, and are very quiet on the imprisonment and execution of LGBTI people in the world but fight and spend millions to condemn Israel.”
Iranti nevertheless said it expected the president to stay true to his word and ensure the rights of the LGBTQ community are protected as the country’s constitution outlines.
‘President Ramaphosa affirmed that he stands with members of the LGBTQIA+ community, a very important act as we witness a regression of LGBTQIA+ rights and the growth of anti-gender movements across the globe,” said Iranti. “We urge the president to follow up on this commitment, with concrete strategies and actions that will improve the lives of LGBTQIA+ people in South Africa.”
South Africa is the only African country that constitutionally recognizes LGBTQ rights. Many South Africans, however, do not recognize the LGBTQ community because of cultural and religious beliefs and the idea that homosexuality is a Western import.
The suspension of nearly all U.S. foreign aid has impacted the Uthingo Network, OUT LGBT Well-Being, Iranti, and other advocacy groups. Trump on Feb. 7 signed an executive order that limits American financial assistance to South Africa because of the Expropriation Act that Ramaphosa signed last month.
Though the Expropriation Act involves compensation, some of the land the government has deemed of public interest — for infrastructure projects, public service expansion, and environment conservation — can be expropriated without permission. Trump said the law violates South Africans’ rights.
Kenya
Kenyan president defends Trump executive order on two genders
Advocacy groups criticized William Ruto’s Jan. 26 comments

Kenyan President William Ruto is facing backlash for backing U.S. President Donald Trump’s executive order that recognizes only two genders: Male and female.
Ruto’s support for Trump’s decision to ban transgender people from serving in the U.S. military and competing on women’s sports teams has drawn criticism from human rights defenders, lawmakers, lawyers, and intersex activists.
Ruto’s critics cite Kenya’s 2022 landmark decision to officially recognize intersex people as the third gender with an “I” gender marker after years of court battles for recognition and their inclusion in a national Census for the first time in 2019.
“We are very proud that contrary to what has been happening in the past, this year we got some very welcoming developments in the United States that as a leading democracy, we have gotten to understand that the policy direction of the U.S. supports what we believe in,” Ruto stated during a Jan. 26 speech at the Global Cathedral Church’s annual convention in Nairobi. “Boys must remain boys, men must remain men, women must remain women and girls must remain girls.”
Ruto’s position to side with Trump on sex and gender identity contradicts his previous stance during the Biden-Harris administration when he was cautious about speaking about transgender and queer rights in order not to jeopardize his relationship with Washington.
Trump on Jan. 21 signed an executive order that directed the U.S. federal government to only recognize male and female genders. This directive revoked the Biden-era policy that recognized trans rights and allowed trans servicemembers.
Trump on Feb. 6 signed another executive order that bans trans athletes from competing on female sports teams
“The war on women’s sports is over,” he said.
“We’re putting every school receiving taxpayer dollars on notice that if you let men take over women’s sports teams or invade your locker rooms, you will be investigated for violations of Title IX and risk your federal funding,” Trump warned. “From now on, women’s sports will be only for women.”
His executive order relies partly on the U.S. Justice Department’s authority to bring enforcement actions under Title IX, which bars sex discrimination in education and requires schools to offer girls an equal opportunity to play sports. The law, under Trump’s interpretation, forbids trans girls from playing in girls’ sports.
Trump in 2017 banned trans people from serving openly in the U.S. military.
“We thank God that this year the first very news from the U.S. in the new administration is to confirm what the Bible says, what our faith believes in, and what our tradition firmly is grounded on,” Ruto said in his speech.
The Kenya National Commission on Human Rights (KNCHR), a government-funded body, described Ruto’s comments as “embarrassing and unfortunate.”
“In Kenya, the law is very clear and the Children’s Act recognizes the intersex because they are unique persons as they have no issues based on sex identity or gender orientation,” said an intersex rights activist who asked the Washington Blade to remain anonymous. “His sentiments are likely to increase stigma against the intersex persons and if they are discriminated against, anyone will just go to court because they are also protected by the law.”
Esther Passaris, an opposition MP who represents Nairobi County, maintained there are not two sexes in Kenya.
“Let’s face it, we have intersex children with two or incomplete sexes. These children require our love as a society,” she said. “Let God deal with the genders.”
Since the recognition of intersex people, several policy measures to tackle discrimination have been implemented to ensure their protection and equal treatment.
Kenya last week officially recognized intersex people at birth, allowing them to receive birth certificates with an “I” gender marker. The KNCHR described this decision as “a historic milestone” that aligns with the Kenyan constitution and other existing policy measures that include the Children Act and the proposed Intersex Persons Bill, 2024.
“This is a major step towards securing rights, dignity, and equal opportunities for all intersex persons in Kenya,” KNCHR stated.
KNCHR asked Kenyans, state, and non-state institutions to support awareness, policy reforms, and the inclusion of intersex people for the latest reform to be implemented successfully.
-
District of Columbia3 days ago
Booz Allen withdraws as WorldPride corporate sponsor
-
Out & About4 days ago
Camp Rehoboth Theatre Company kicks off new season
-
District of Columbia20 hours ago
Protests against Trump executive orders to take place in D.C. on Thursday
-
Federal Government3 days ago
Education Department moves to end support for trans students