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Mexico issues first non-binary birth certificate

Guanajuato Civil Registry issued document to activist on Feb. 11

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(Washington Blade photo by Michael K. Lavers)

An LGBTQ activist in Mexico has received the country’s first birth certificate with a non-binary gender marker.

Fausto Martínez last September petitioned Mexico’s National Electoral Institute to list their gender as “NB” on their official documents.

Martínez and Amicus, an advocacy group that is based in the state of Guanajuato, sought legal recourse, known as an “amparo” in the Mexican judicial system, after the National Electoral Institute denied the request. A judge ruled in favor of Martínez last month, and the Guanajuato Civil Registry on Feb. 11 issued them a birth certificate with a non-binary gender marker.

“I have always said what is not named does not exist,” said Martínez in a tweet after they received their new birth certificate. “The fact of the matter is the Mexican state recognizes that we non-binary people exist and with that we are subject to rights and obligations.”

Amicus Director Juan Pablo Delgado on Monday told the Washington Blade the issuance of Martínez’s amended birth certificate is a victory for non-binary Mexicans.

“When looking for the root causes of discrimination and violence against LGBTQ+ people, we find that there are at least three imposed social norms where prejudice and stigmatization begin: Heteronormativity, cisnormativity and the gender binary,” said Delgado. “The former two have been continuously challenged since the first same-gender couples and trans women and men were initially recognized by law in the country. However, this is the first time where the gender binary loses a legal battle as there’s no previous record of the issuance of an official identification in favor of a non-binary person.”

Mexico’s Foreign Affairs Ministry last month announced transgender people who were born in Mexico can receive an amended birth certificate at any of the country’s consulates.

Amicus represented two trans Mexicans who brought legal action after consulates in the U.S. denied their request for birth certificates that correspond with their gender identity. Victory Institute International Programs Manager Mateo de la Torre on Jan. 19 received an amended birth certificate at the Mexican Consulate in D.C. after the new policy took effect.

“This birth certificate comes after a decade of living in my truth as a transgender man and after years of advocating for my right to be recognized as such,” De La Torre told the Blade after he received his new birth certificate. “In Mexico and abroad, many trans people face discrimination, violence and endless bureaucratic hurdles in their fight for legal recognition, and after all this time I am most grateful for the ability to vote in my country’s elections.”

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Africa

US sanctions Uganda parliament speaker, other officials

Anita Among slams ‘politically motivated’ decision

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Uganda Parliament Speaker Anita Among (Screen capture via UBC Television Uganda YouTube)

The State Department on Thursday announced sanctions Ugandan Parliament Speaker Anita Among and other officials for “significant corruption or gross violations of human rights.”

State Department spokesperson Matt Miller in a press release notes Among “is designated due to involvement in significant corruption tied to her leadership of Uganda’s Parliament.” The press release further indicates the U.S. has sanctioned former Karamoja Affairs Minister Mary Goretti Kitutu, former Karamoja State Affairs Minister Agnes Nandutu, and former State Finance Minister Amos Lugolobi “due to their involvement in significant corruption related to conduct that misused public resources and diverted materials from Uganda’s neediest communities.”  

“All four officials abused their public positions for their personal benefit at the expense of Ugandans,” said Miller.

The press release also notes the U.S. has sanctioned Peter Elwelu, the former deputy chief of the Ugandan Peoples’ Defense Forces, because of “his involvement in gross violations of human rights” that include extrajudicial killings.

“As a result of these actions, the designated Ugandan officials are generally ineligible for entry into the United States,” said Miller.

Miller said the State Department is “also taking steps to impose visa restrictions on multiple other Ugandan officials for undermining the democratic process and repressing members of marginalized or vulnerable populations in Uganda.” 

“These individuals are responsible for, or complicit in, the repression of Ugandan members of political opposition groups, civil society organizers, and vulnerable communities in Uganda,” he said.

Wednesday marked a year since Ugandan President Yoweri Museveni signed the country’s Anti-Homosexuality Act that, among other things, contains a death penalty provision for “aggravated homosexuality.”

The U.S. has previously sanctioned Ugandan officials and removed the country from a duty-free trade program. A group of Ugandan LGBTQ activists have appealed April’s Constitutional Court ruling that refused to “nullify the Anti-Homosexuality Act in its totality.”

The State Department press release does not specifically mention the Anti-Homosexuality Act, and the Washington Blade has reached out for additional comment. The press release does, however, say the U.S. “stands with Ugandans advocating for democratic principles, a government that delivers for all its citizens, and accountability for actions committed by those who abuse their position through corruption and gross violations of human rights.” 

“Impunity allows corrupt officials to stay in power, slows the pace of development, facilitates crime, and causes unequal distribution of resources, which can affect underrepresented and underserved populations disproportionally,” reads the press release. “Today’s actions reaffirm the U.S. commitment to support transparency in Uganda’s democratic processes, counter corruption globally, and address the broader culture of impunity that prevents all Ugandans from enjoying their human rights and fundamental freedoms.”

The British government in April sanctioned Among, Kitutu, and Nandutu.

Ugandan media reports note Among has described the sanctions as “politically motivated” because she supports the Anti-Homosexuality Act.

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Africa

Kenya seeks to ban intersex athletes from lowering hormone levels to compete in sports

Country’s human rights body has put forth measure

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(Bigstock photo)

Kenya’s state-funded human rights body does not want intersex athletes in the country to lower their hormone levels as a requirement to compete in any sport.

The Kenya National Commission on Human Rights in a proposal to the National Assembly notes it will ensure non-discrimination and fairness for intersex people in sports.  

The proposal in the Intersex Persons Bill, 2024, is among numerous amendments to existing laws that seek to grant intersex people equal rights after the government in 2019 officially recognized them as a third sex.

According to the bill that would amend Kenya’s Sports Act of 2013, this will require the Sports and Youth Affairs Ministry’s Cabinet secretary and the National Council for Intersex Persons, which the measure would create, to develop measures that ensure fairness for sporting intersex people when enacted.            

“The measures shall not require a person to alter their biological hormonal composition as a condition to participating in any sporting activity or program,” reads the bill. 

Although the measures would apply nationally, they would contradict the World Athletics Council’s 2018 regulations that similarly bar female transgender athletes from participating in international competitions, such as the Olympic Games. Intersex Kenyan athletes have to abide by these rules at the global level.       

The World Athletics through the regulations noted trans women who naturally have higher levels of testosterone compared to ordinary women have to undergo medication or surgery to lower their testosterone levels as a condition before competing in races of between 400 meters and a mile. Kenya’s National Olympic Committee supports these rules.

Some top female trans athletes barred from competing in the Olympic events from the World Athletics regulations due to their high natural testosterone levels include Margaret Wambui of Kenya, Caster Semenya of South Africa, Aminatou Seyni of Niger and and Francine Niyonsaba of Burundi.

The trans athletes opposed the World Athletics regulations with Semenya challenging them in court, but lost the case, even though the U.N. Human Rights Council in 2019 criticized the rules. UNHCR cautioned sports bodies not to “force, coerce or otherwise pressure women and girl athletes into undergoing unnecessary, humiliating and harmful medical procedures.” 

Kenya National Commission on Human Rights Deputy Director Veronica Mwangi, who spoke with the Washington Blade about the bill’s controversial proposal, said Kenya, which is the only African country to recognize intersex people as a third sex, has started the conversation with a “bigger picture” for the international sporting bodies to create an alternative competition for them to exploit their talents without reducing their hormonal levels or interfering with their biological characteristics as the condition before competing.      

“As KNCHR, we are very clear that we cannot afford to continue discriminating and marginalizing persons who are born as intersex, but rather we can promote conversations of inclusivity where the Semenya of South Africa, an equivalent of Semenya in Uganda and an equivalent in the U.S. or Kenya can have a special sporting event like the Paralympics for persons living with disabilities,” Mwangi said. 

She also questioned the fairness of World Athletics and other international sporting bodies in demanding “the Semenyas or talented intersex persons” to undergo hormonal therapy which then affects the athletes’ well-being after interfering with their biological anatomy.   

“These governing sporting bodies should not come back to us that it is the intersex persons to carry the blame,” Mwangi said. “It is not the responsibility of the intersex (person) but they are duty-bearers and should think of mechanisms to grow their talents and not find an easy way out of demanding to change who they are.” 

Mwangi disclosed the proposal is driven by KNCHR’s special task force report that found most intersex school children are talented and perform well in sports. 

Kenya’s Intersex Persons Implementation Coordination Committee is already identifying talented intersex people, including those in schools, to support their growth in sports. Kenya’s 2019 Census found there are 1,524 intersex people in the country.

Other amendments to the Intersex Persons Bill include an employment provision that would cap an intersex person’s monthly income tax at 25 percent of wages, compared to other Kenyans whose maximum taxable income stands at 35 percent, depending on one’s monthly total earnings.  

“Capping the income tax or wages for intersex persons at 25 percent is a tax consideration in the form of an affirmative action to uplift them in economic development and it is similar to that of persons living with disability who are tax exempted as marginalized groups,” Mwangi said.

The bill further seeks to amend the Health Act for any parent with an intersex child born at home to report the birth at the nearest government administration office or risk a fine of not more than $1,000 or a six-month prison term, or both, after being found guilty of concealing an intersex child’s identity.

The proposed law, moreover, seeks to create the National Council for Intersex Persons, whose mandates would include the creation of initiatives and programs to prevent discrimination against intersex people, creating a database for all intersex people and accrediting the group for employment purposes.  

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Latin America

Latin America elections present challenges, opportunities for LGBTQ community

Voters in Chile, Uruguay, Brazil, Venezuela to go to polls this year

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Richelle Briceño was a candidate for the Venezuelan National Assembly in the country's last elections. (Photo courtesy of Richelle Briceño)

Activists throughout the region agree the elections offer a crucial opportunity to advance the inclusion and protection of the rights of their community amid far-right advances.

Venezuela’s presidential election will take place on July 28, while Brazil’s municipal elections will happen on Oct. 6. Regional and municipal elections will take place in Chile on Oct. 27. Uruguay’s congressional elections are slated to occur on the same day.

María José Cumplido, executive director of Fundación Iguales in Chile, emphasized the importance of having LGBTQ representation in politics. 

“It is fundamental because LGBTQ+ people tend to support laws or public policies aimed at protecting the community,” Cumplido told the Washington Blade. “In that sense, it is important that the voices of these people are heard because, obviously, they know the reality more closely and many times they have lived it.” 

Cumplido noted “LGBTQ+ representation has grown notoriously in recent years, so much so that today there is an LGBTQ+ caucus in Congress.” 

“That is good news,” said Cumplido.

Ignacia Oyarzún, president of Organizado Trans Diversidades (Organizing Trans Diversities or OTD), also from Chile, highlighted the observation and registration work the Trans Voting Observatory of Latin America and the Caribbean has done. Oyarzún also noted the promotion of transgender candidates as a way to combat misinformation a promote respect for the community’s political rights.

“We monitor the situation of the political rights of our communities in the region and establish guidelines through which we encourage respect for the right to elect representatives and to be elected,” said Oyarzún. “We also maintain initiatives that have to do with the dissemination of trans candidacies and news that go against the disinformation established through false news that have begun to circulate through the various social and political media.”

Collette Spinetti, president of the Colectivo Trans del Uruguay, pointed out the challenges faced by LGBTQ people in politics, especially trans people.

“The biggest challenge is to achieve trustworthiness especially towards gender-dissident people in their ability to be able to hold public office,” said Spinetti.

Professor Collete Spinetti has dedicated many years of her life to improving living conditions for LGBTQ people in Uruguay (Photo courtesy of Collete Spinetti)

“In Uruguay politics is still quite macho, especially in the so-called traditional and right-wing parties where there is no political representation of members of the LGBTIQ+ community,” Spinetti further explained. “On the left, although there is, thanks to internal work, female representation, there is still a lack of work.”

“In this sense the scarce LGBTIQ+ representation is present through gay men,” added Spinetti. “There is still no representation of publicly lesbian people and only one representation in the interior of the country of a trans woman.” 

In Brazil, Keila Simpson, president of Associaçao Nacional de Travestis e Transexuais (National Association of Travestis and Transsexuals or ANTRA), highlighted the diversity of LGBTQ representation in the country’s politics. Simpson nevertheless recognized the importance of mandates that go beyond identity and address a wide range of issues that benefit the entire community.

“The challenges for LGBTQIA people when it comes to applying for positions in Brazil are many,” she said. “The first one is the way Brazilian society sees this stigmatized and completely stereotyped population. If we think about the trans population, this violence is even greater, since in addition to being smaller in number, the discrimination is even greater because this population is commonly associated with eroticism and hypersexualization of their bodies, and these are the main problems these people face. they are associated when they run for prominent positions or leaders, even in the partisan political arena.” 

Associaçao Nacional de Travestis e Transexuais (ANTRA) President Keila Simpson at her office in Salvador, Brazil, on March 16, 2022. (Washington Blade photo by Michael K. Lavers)

In Venezuela, Richelle Briceño, a trans woman and former congressional candidate, on the other hand, lamented the lack of presidential candidacies that explicitly defend LGBTQ rights. She noted the country still faces fundamental challenges that prevent a serious debate on these issues.

“There are candidates who have expressed themselves against non-discrimination, but that’s as far as it goes,” Briceño recounted. “There are no specific candidates that I can tell you who even handle what the definition of the word queer is and how it is understood, let’s say, within LGBTQ+ activism.”

Briceño said María Corina Machado, an opposition leader who President Nicolás Maduro’s government has barred from running for office, has “come out in favor of issues such as equal civil marriage and the issue of recognition of trans identities.” Briceño noted to the Blade that Edmundo González Urrutia, who is running as her surrogate, did not meet with LGBTQ activists until last week.

“These activists exposed their points of view, however, the current candidate leading the polls has not made a public statement regarding his position or what his position will be on the issues of LGBT rights in Venezuela,” said Briceño.

Briceño further stressed that Venezuela “is still in a cave.” 

“Here the country is in the basics, the country is in not losing electricity, in having water and in seeing how people eat daily,” she said. “The political and economic crisis that we have lived through for two decades, and with more depth in the last decade, has not allowed for a serious debate on the issues of the 21st century, including the rights of sexual diversity populations or the LGBT population and women”.

José Rodríguez, a Venezuelan psychologist who, like many of his compatriots had to leave his country, said that “as a young Venezuelan exiled in Chile for eight years, today I feel the tranquility of living in a society where a governmental interest in the welfare of my community is appreciated, expressed by a legal framework that although it could be better; compared to the overwhelming setbacks that have occurred in recent weeks in neighboring countries and the constant lethargy of Venezuela in terms of advancing the LGBTQIA+ agenda, is deeply painful and worrying.”

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