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State Department releases 2021 human rights report

Anti-LGBTQ persecution, violence remains commonplace around the world

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Secretary of State Antony Blinken speaks to reporters on April 12, 2022, after the State Department released its annual human rights report. (Washington Blade photo by Michael K. Lavers)

The State Department’s annual human rights report that was released on Tuesday notes anti-LGBTQ persecution and violence remains commonplace in many countries around the world.

The report notes consensual same-sex sexual relations remain criminalized in Jamaica and dozens of other countries. Iran and Afghanistan are two of the handful of nations in which homosexuality is punishable by death.

The report specifically cites the case of Alireza Fazeli Monfared, an Iranian man whose relatives killed in in May 2021 after they discovered he was gay and non-binary. The report also notes the Taliban regaining control of Afghanistan in August 2021 “increased fears of repression and violence among LGBTQI+ persons, with many individuals going into hiding to avoid being captured by the Taliban.”

“Many fled the country after the takeover,” reads the report. “After the takeover, LGBTQI+ persons faced increased threats, attacks, sexual assaults, and discrimination from Taliban members, strangers, neighbors and family members.”

The report includes statistics from Associação Nacional de Travestis e Transexuais, a Brazilian transgender rights group, that indicate 80 trans people — most of whom were Brazilians of African descent who were younger than 35 — were reported killed in the first six months of 2021. The report also cites Cattrachas, a lesbian feminist human rights group in Honduras that noted 17 “violent deaths of LGBTQI+ persons” in the country between January and August 2021.

Secretary of State Antony Blinken pointed out to reporters there are more than 1 million political prisoners in 65 countries. These include Yoav de la Cruz, a gay Cuban man who was sentenced to six years in prison last month after he livestreamed the first anti-government protest that took place on the island on July 11, 2021.

The report notes Hungarian Prime Minister Viktor Orbán’s continued efforts to rollback LGBTQ rights, which include a decree his government issued on Aug. 6, 2021, that restricted the sale of children’s books with LGBTQ-specific themes. The report also includes incidents of anti-LGBTQ violence, discrimination and hate speech in Poland.

This report focuses on 2021, and does not include details of human rights abuses that Russian forces have carried out against Ukrainian civilians during the ongoing war in their country. Blinken nevertheless criticized Russia throughout his remarks.

“In many years running, we have seen an alarming recession in democracy, in rule of law, respect for human rights in many parts of the world,” said Blinken. “In the time since releasing our previous report, that backsliding has, unfortunately, continued. In few places have the human consequences of this decline have been as stark as they are in the Russian government’s brutal war on Ukraine.”

Blinken also described human rights as “universal.”

“People of every nationality, race, gender, disability and age are entitled to these rights, no matter what they believe, who they love, or any other characteristics,” he said. “This is especially important as a number of governments continue to claim, falsely, that human rights need to be applied based on global context. It’s no coincidence that many of the same governments are among the worst abusers of human rights.”

The report also notes LGBTQ rights advances around the world.

The Botswana Court of Appeals in November 2021 upheld a previous ruling that decriminalized homosexuality in the country. The report also notes the European Commission sanctioned Hungary over its efforts to curtail LGBTQ rights and Poland in response to so-called “LGBT-free zones.”

‘We do not claim a moral high ground’

President Biden in 2021 released a memorandum that committed the U.S. to promoting LGBTQ rights abroad.

The White House last June named then-OutRight Action International Executive Director Jessica Stern as the next special U.S. envoy for the promotion of LGBTQ rights abroad. The State Department on Monday began to issue passports with “X” gender markers.

The State Department released its report less than a month after Republican Florida Gov. Ron DeSantis signed into law his state’s “Don’t Say Gay” bill. Lawmakers in dozens of other states across the U.S. have introduced similar measures and others that specifically target transgender children.

“We’re not trying to pretend that these are not issues that we are grappling with here in the United States,” said Acting Assistant Secretary of the State Department’s Bureau of Democracy, Human Rights and Labor Lisa Peterson in response to the Washington Blade’s question about the release of the report against the backdrop of anti-LGBTQ measures in the U.S. “This report, because it is very clearly focused on the rest of the world, we do dig in on other countries. We do not have a mandate to do a report on our own circumstances.”

“The universal nature of human rights also means that we have to hold ourselves accountable to the same standards,” said Blinken. “Even as this report looks outward at countries around the world, we’ve acknowledged from day one of this administration that we have challenges here in the United States.”

“We take seriously our responsibility to address these shortcomings and we know that the way we do it matters; together with citizens and communities, out in the open, transparent, not trying to pretend problems don’t exist, or sweeping them under a rug,” he added.

Peterson echoed Blinken before she took reporters’ questions.

“We can’t be credible advocates for human rights abroad if we don’t live up to the same principles at home,” said Peterson. “We do not claim a moral high ground, but we do, in the words of our Constitution, resolve to form a more perfect union, which means that we must continue to address the many human rights challenges in our own country.”

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Africa

For queer Nigerians, being on gay dating apps is still a risk

Homophobes target users for violence

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(Bigstock photo)

Gay hookup apps like Grindr, and dating apps like Tinder and Bumble have managed to proliferate queer communities in countries like Nigeria. 

Those who seek one night stands find what they want while those looking for love equally find what they seek. These platforms have managed to position themselves as safe spaces for queer people in anti-gay Nigeria. In  recent times, however, it is proving to be unsafe, as homophobic people are quickly learning about the apps, and opening accounts that either seek to outrightly threaten queer people, or pretend to be queer, have long chats with gay people, invite them over, and inflict violence on them.

Take the case of Biodun, a queer Nigerian man who joined Grindr to meet up with guys like him. 

After Biodun had built a connection and agreed to meet with someone whose display name was “Mamba,” they decided to meet up only for him to be met with violence. Apparently, Mamba ran a catfish account. 

“I’ll never forget that day,” Biodun, who asked the Washington Blade not to use his last name because of safety concerns, said. “I still think about it, and sometimes blame myself for being very careless, even though Grindr was supposed to be our safe space.” 

Biodun’s experience isn’t peculiar to him. 

In Nigeria, draconian laws that criminalize same-sex relationships exist, making queer people turn to the digital realm to explore their identities and seek connections beyond the confines of societal oppression that comes with the physical environment. Gay dating apps such as Grindr, therefore, have emerged as virtual sanctuaries, offering spaces for queer Nigerians to forge friendships, find solidarity, and pursue romantic or sexual relationships. Spaces like this, however, have morphed into a landscape fraught with danger, as homophobic people have weaponized these platforms to perpetuate hate and violence. 

“Sometimes, I often wonder how they learned about these platforms,” Daniel, which is not his real name, told the Blade. “You would think that it is just us in the platforms, until you find out that the accounts are rooted in homophobia.” 

One time, someone’s bio read, “I’m only here to deal with the gay people. I know all of you, and I will find and kill you. We no want una for here (translates to we do not want you here, in English.)” It was a stark reminder that these spaces are no longer LGBTQ-friendly for Nigerians. In 2014, there was the passage of the Same-Sex Marriage Prohibition Act by former President Goodluck Jonathan, which not only criminalized same-sex unions, but also imposed severe penalties on anyone involved in LGBTQ advocacy or support. 

This law catalyzed a surge in discrimination and violence against queer Nigerians; emboldening regular civilians, religious extremists, and even law enforcement agencies to target individuals perceived as deviating from traditional gender and sexual norms. Again, amid this hostile environment, gay dating apps emerged as lifelines for many queer Nigerians, offering avenues for discreet communication, community building, and the pursuit of intimate relationships.

The very anonymity and freedom these apps provided, however, became double-edged swords. 

The advent of screenshot and screen-recording capabilities on these apps, for example, reduced the risks of exposure, strengthening the safety and privacy of users. However, this also comes with its own lapses, as queer people using Grindr have often relied on screenshots and screen recordings to confirm the identities of potentials with their friends, before accepting to meet. 

“Before the removal of the screenshot option, I usually shared photos of others with my trusted friends,” Biodun shared. “But since that was taken off, there was no way for me to do that.” 

Although, according to Grindr’s terms and conditions, the removal came with privacy concerns, as it was to facilitate a safe dating experience.

This erosion of digital safe spaces is depriving queer Nigerians of vital avenues for self-expression and affirmation,and is exacerbating the psychological toll of living in a society that continues to systematically demonize their identities. Moreover, the normalization of homophobic rhetoric and violence in both physical and digital realms has perpetuated a cycle of fear and oppression, and is reinforcing this notion that LGBTQ individuals are inherently unworthy of dignity and respect. Despite these challenges, though, the resilience of queer Nigerians continue to persist, as they defy societal norms and assert their right to love and be loved.

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Caribbean

Dominica High Court of Justice strikes down sodomy law

Gay man challenged statute in 2019

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Dominica flag (Public domain photo)

Dominica’s High Court of Justice on Monday struck down provisions of a law that criminalized consensual same-sex sexual relations.

A gay man who remains anonymous in 2019 challenged sections of the country’s Sexual Offenses Act that criminalized anal sex and “gross indecency” with up to 10 years and 12 years in prison respectively. The plaintiff argued the provisions violated his constitutional rights. 

The Dominica Equality and Sexual Expression Association and the Eastern Caribbean Alliance for Diversity and Equality, a group that advocates for LGBTQ and intersex rights in the region, in a press release noted the court in its ruling affirmed “the criminalization of consensual same-sex activity between adults is unconstitutional.” The groups added Justice Kimberly Cenac-Phulgence “declared that the laws commonly known as buggery and gross indecency laws, contravenes the constitution of the Commonwealth of Dominica, namely the right to liberty, freedom of expression, and protection of personal privacy.”

“It is long past time that the dignity and dreams of all Dominicans were recognized,” said DESEA Executive Director Sylvester Jno Baptiste in the press release. “We are all God’s children, and he loves us all equally. Laws that treat some Dominicans as less than others, have no place in a just society.” 

Dominica is a former British colony that is located between Guadeloupe and Martinique in the Lesser Antilles.  

Antigua and Barbuda, St. Kitts and Nevis, Barbados, and Trinidad and Tobago in recent years have decriminalized consensual same-sex sexual relations. 

The Inter-American Commission on Human Rights in 2021 issued a decision that said Jamaica must repeal its colonial-era sodomy law. The country’s Supreme Court last year ruled against a gay man who challenged it. 

A judge on St. Vincent and the Grenadines’s top court in February dismissed two cases that challenged the country’s sodomy laws.

“Decriminalization helps create an environment where LGBTQ individuals can live openly without fear of persecution, enabling them to access health care, education, and employment without facing discrimination,” said Outright Executive Director Maria Sjödin on Monday in response to the Dominica ruling. “The repeal of these discriminatory laws is a testament to the tireless efforts of activists, advocates, and allies who have long fought for justice and equality. It is a victory for human rights and a significant milestone in the ongoing struggle for LGBTQ rights in the Caribbean.”

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Africa

Upcoming Ugandan Census will not count intersex people

Advocacy group report documents rampant discrimination, marginalization

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(Image by rarrarorro/Bigstock)

Uganda’s national Census next month will not count intersex people.

The revelation about the exclusion of intersex Ugandans in the 9-day Census exercise that will begin on May 10 has been confirmed to the Washington Blade by the head of Uganda’s Bureau of Statistics.

UBOS Executive Director Chris Mukiza in response to the Blade’s questions on the issue said the agency has “no business with intersex.”

Their counting could have made Uganda the second African country and the third globally after Australia and Kenya to collect an intersex person’s data in a Census. 

Kenya’s 2019 Census determined there were more than 1,500 intersex people in the country.

Uganda had a population of 34.8 million, according to the country’s last Census that took place in 2014.

Intersex people in Uganda are among marginalized groups, subject to stigma and discrimination. The government has yet to recognize them as the third sex and consider them among other minority groups, such as people with disabilities, who enjoy special treatment.

Intersex people cannot be exclusively categorized as male or female for having a biological congenital condition with unique sex characteristics due to inherent and mixed anatomical, hormonal, gonadal, or chromosomal patterns that could be apparent before, at birth, in childhood, puberty, or adulthood.

Mukiza’s position of excluding intersex people in the Census, however, comes amid the prime minister’s office’s demands for inclusivity and equality for all the population. (The Constitutional Court on April 3 refused to “nullify the Anti-Homosexuality Act in its totality.”)

“We recognize that much work remains to be done particularly in addressing the needs of the marginalized and vulnerable communities, promoting inclusive economic growth, and combating climate change,” said Dunstan Balaba, the permanent secretary in the prime minister’s office.

Balaba spoke on April 18 during the National Population and Housing Census prayer breakfast meeting the UBOS convened. Religious leaders and other stakeholders attended it.

President Yoweri Museveni has noted that data from the country’s sixth national Census will be crucial towards achieving the nation’s Vision 2040 and help the government, non-governmental organizations, and donors in providing services to the diverse population.

“It will also provide the basis for planning the provision of social services such as education, health, and transport, among others at the national and local level,” Museveni said as he urged citizens to fully support the Census and provide accurate information.

Uganda has an intersex rights organization, “Support Initiative for People with Atypical Sex Development (SIPD),” which activist Julius Kaggwa founded in 2008 with the support of groups that advocate for children, women, and other marginalized populations.

Some of SIPD’s work as a non-profit, grassroots organization includes community outreach and engagement, sharing reliable information with the society for the protection of intersex people’s rights, and championing the need for organized medical and psychological support.

The organization, through its numerous reports, has decried human rights violations against intersex people that include surgery without consent, discrimination in homes, schools and medical centers, parents abandoning intersex children, and stigma due to lack of legal protection by the government.

Uganda’s Registration of Births and Deaths Act allows a parent or guardian of a child under the age of 21 to change the name or sex at the local registration office. The SIPD, however, maintains this law is discriminatory to intersex people over 21 who want to change their sex characteristics, and want parliament to repeal it. 

The intersex rights organization wants the Health Ministry to establish a central registry to register intersex children after they’re born in order to receive support in terms of healthcare, social and legal by the government and other stakeholders as they grow up. 

SIPD particularly wants the government to enact a policy that would allow a gender-neutral marker on birth certificates for intersex children to ease any change of sex in the future. The organization also wants the government, through the Education Ministry, to adopt a curriculum that also considers intersex issues in schools and creates a friendly environment for intersex children to learn and graduate like their non-intersex peers.

These demands follow SIPD’s findings that disclosed many intersex children were dropping out of school because of the stigma and discrimination they suffered. The organization has further called on the public-funded Uganda Human Rights Commission to live up to its constitutional mandates of defending human rights by leading the promotion and protection of the rights of intersex people across the country.

SIPD has also challenged religious leaders, who play a key role in Ugandan society and are influential at the local and national level, to promote acceptance of intersex people and to end discrimination against them.

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