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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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Russia

Nine Russian LGBTQ groups deemed ‘extremist’ banned

Human Rights Watch: authorities ‘intensifying their criminalization’ of queer people

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(Washington Blade photo by Ernesto Valle)

Nine LGBTQ groups in Russia have been banned so far this year after authorities deemed them as “extremist.”

Human Rights Watch on Thursday noted courts in seven regions between March and May banned Coming Out, the LGBT Resource Center, Parni Plus, the Moscow Community Center for LGBT+ Initiatives, Irida, the Russian LGBT Network, the Kallisto movement, T9 NSK, and Center T. Human Rights Watch also pointed out a lawsuit has been filed against the Alliance of Straights and LGBT for Equality.

Parni Plus is an LGBTQ media outlet.

“Russian authorities are intensifying their criminalization of those who provide critical support to the very LGBT people they have systematically persecuted,” said Human Rights Watch Europe and Central Asia Director Hugh Williamson in a press release. “Authorities should vacate all court decisions and criminal convictions based on these spurious ‘extremism’ charges.”

The Kremlin over the last decade has faced global criticism over its crackdown on LGBTQ rights.

The Russian Supreme Court in 2023 ruled the “international LGBT movement” is an extremist organization and banned it.

The country in January designated ILGA World, a global LGBTQ and intersex rights group, as an “undesirable” organization. ILGA World in response to the designation noted Russians who are found guilty of engaging with “undesirable” groups face up to six years in prison.

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China

China’s top court acknowledges anti-LGBTQ discrimination

Postgraduate student petitioned for legal clarification

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(Photo by Aylandy/Bigstock)

China’s Supreme People’s Court on May 8 issued a rare response to a petition involving LGBTQ discrimination.

In a surprising response; it discussed sexual orientation, gender identity, and gender expression. The response also mentioned workplace discrimination, public humiliation, and school bullying, language considered uncommon from China’s legal system.

The response stemmed from a proposal submitted by a postgraduate student in Qingdao through China’s xinfang petition system on March 25, urging the court to establish clearer judicial standards against discrimination based on sexual orientation and gender identity. Six weeks later, the Supreme People’s Court Research Office issued a written reply.

The Research Office is an internal legal and policy body within the Supreme People’s Court. It studies legal issues, drafts judicial guidance, and responds to legal inquiries submitted through official channels. Its responses do not carry the same legal weight as a judicial interpretation or court ruling.

“The opinions and suggestions you raised are of great value,” reads a translated version of the Supreme People’s Court Research Office response. “In order to thoroughly implement the Constitution, Civil Code, Employment Promotion Law and other legal provisions, and effectively protect citizens’ personality rights from infringement, the Supreme People’s Court has guided local courts at all levels to handle a number of related cases, and through typical cases and other forms has clarified adjudication rules.”

The response stated that courts may determine public insults, defamation and, discriminatory conduct targeting sexual orientation, gender identity and gender expression as infringement of personality rights. It also said employers treating individuals differently in hiring, employment, transfer or dismissal based on those characteristics could face employment discrimination claims. Schools could also bear legal responsibility for improper discipline or bullying involving students based on sexual orientation, gender identity and gender expression, according to the response.

“It’s not a systematic change from the authorities recognizing LGBTQ rights,” said Renn Hao, an LGBTQ activist in China. “However, it’s an informal statement from the Supreme Court. According to a scholar researching LGBTQ legal cases in China, courts are recognizing more cases involving LGBTQ discrimination and same-sex partners through their verdicts.”

China decriminalized consensual same-sex sexual relations in 1997 and removed homosexuality from the country’s list of mental disorders four years later. Chinese law, however, does not recognize same-sex relationships.

Public advocacy involving LGBTQ issues also remains tightly controlled. Authorities in recent years have continued restricting community organizing, public events, and online expression involving sexual minorities.

Discussions involving LGBTQ issues are also frequently censored on Chinese social media platforms. 

Activists and advocacy groups say Chinese authorities in recent years have removed online content, shut down LGBTQ student group accounts and restricted public discussion involving sexual minority issues. After the Supreme People’s Court response began circulating online, related posts and articles were also removed from some Chinese platforms.

“It may still be too early to fully assess the long-term impact, as this development has only just happened and the situation is still unfolding,” said Xiaogang Wei, a Beijing-based LGBTQ rights activist, filmmaker, and founder of the China Rainbow Collective Foundation. “Although the reply is not legally binding, it represents a rare form of institutional acknowledgment of SOGIE-related discrimination in China. For Chinese LGBTQ people and advocates, this could become a meaningful reference point for future legal advocacy, public communication, and community awareness.”

Wei said the rapid removal of related posts and articles limited the development’s broader public impact and underscored how fragile LGBTQ visibility remains in China. 

“This is why we believe it is important to continue sharing verified information and ensuring that this development is not erased from public understanding,” Wei said.

Chinese courts in recent years have also heard a number of LGBTQ-related employment discrimination cases, despite the absence of explicit nationwide protections based on sexual orientation or gender identity. In one notable case, the Supreme People’s Court in 2018 formally recognized “equal employment rights disputes” as a legal cause of action, allowing some discrimination-related cases to proceed through the courts.

Chinese courts have previously handled several LGBTQ-related disputes involving employment discrimination, custody, and so-called conversion therapy. In 2024, a Beijing court drew attention after recognizing visitation rights for a child involving a same sex couple, a decision activists described as a milestone for LGBTQ families in China.

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Kenya

Kenyan High Court issues landmark transgender rights ruling

Government ordered to allow trans people to amend ID documents

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(Image by Bigstock)

Kenya’s High Court has ruled the country’s government cannot refuse requests to amend gender markers on birth certificates and other ID documents.

Audrey Mbugua, a prominent transgender activist, and two other people in 2020 sued Attorney General Dorcas Oduor, the Registrar of Births and Deaths, the National Registration Bureau, and Immigration Services Director General Evelyn Cheluget after they did not receive amended birth certificates.

The Washington Blade previously reported the three plaintiffs argued documents that do not correspond with their gender identity “has denied them opportunities and rights.” Oduor, for her part, in response to the plaintiffs’ claims argued “a person’s gender is based on fact — not feelings — and the plaintiffs at birth were registered and named based on their gender status.”

High Court Justice Bahati Mwamuye ruled on May 20.

“The silence and delay cannot defeat rights,” ruled the court, according to the Daily Nation, a Kenyan newspaper. “Constitutional rights cannot be delayed over administrative convenience.”

The court in 2014 ordered the Kenya National Examinations Council to change Mbugua’s name on her academic diplomas and to remove the male gender marker from them.

Kenya’s intersex rights law took effect in 2022. The government in February 2025 announced intersex people can receive birth certificates with an “I” gender marker.

The Daily Nation notes Mwamuye ordered the Registrar of Deaths and Births and other government agencies to “begin receiving and considering applications for gender-marker changes within” 60 days.

“Access to legal identity documentation is not just a human rights issue; it is a foundational pillar of socio-economic inclusion,” said the Initiative for Equality and Non-Discrimination, a Kenyan advocacy group, in response to the ruling. Without accurate IDs or passports, individuals face severe barriers to employment, financial systems, global business travel, and participation in governance and democratic processes.”

“This ruling marks a critical step forward in reducing administrative discrimination and fostering an inclusive environment where every Kenyan citizen’s legal identity aligns with their dignity,” added INEND.

Outright International, a New York-based global LGBTQ and intersex advocacy group, in a statement described Mwamuye’s ruling as “a meaningful shift towards aligning Kenya’s legal framework with constitutional guarantees of equality, privacy, and human dignity. Outright International also applauded Mbugua and other activists who fought for this change.

“Today, we celebrate a milestone — one achieved through resilience, solidarity, and an unwavering belief in justice,” said the group. “Outright International stands with transgender and intersex Kenyans in honoring this victory and reaffirming our commitment to advancing rights, recognition, and equality for all.” 

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