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Efforts to ban conversion therapy gain traction around the world

Global Equality Caucus lawmakers play prominent role

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Members of the Global Equality Caucus in Latin America meet with Victor Madrigal-Borloz, the independent U.N. expert on LGBTQ and intersex issues, in November. (Photo courtesy of Global Equality Caucus)

Efforts to ban so-called conversion therapy gained significant traction around the world in 2022.

Only four countries at the end of 2021 had explicit laws that banned the widely discredited practice. Numerous jurisdictions around the world in 2022 have enacted legislation or taken executive action. The Global Equality Caucus, an international network of lawmakers who have committed themselves to fight discrimination based on sexual orientation and/or gender identity, has driven many of these efforts.

Global Equality Caucus Vice President Tamara Adrián, who is also the first openly transgender woman elected to the Venezuelan National Assembly, told Washington Blade that “any compulsive therapy to modify sexual orientation is contrary to human rights. Subjecting a person to conversion therapy will be unsuccessful and can create very serious mental health problems, as these therapies use invasive behavioral methods to try to modify sexual orientation.”

“The consequence is that no one modifies their sexual orientation but may become unable to have relationships with any person and that is the reality in this matter. They are a mechanism intended to erase LGBT people from the earth,” Adrián added. 

Tamara Adrián, the first openly transgender woman elected to the Venezuelan National Assembly, speaks at the LGBTQ Victory Fund’s International LGBTQ Leaders Conference in D.C. on Dec. 3, 2022. (Washington Blade photo by Michael K. Lavers)

Canada and France in January introduced LGBTQ-inclusive bills to ban conversion therapy for minors and adults, regardless of perceived “consent,” in clinical and religious settings. Anyone found guilty of offering or practicing conversion therapy is subject to a fine or jail time.

New Zealand in February passed the Conversion Practices Prohibition Act with the same breadth of protections as Canada and France. And in May 2022, following an amendment to the Health for All Act, lawmakers in Greece passed measures explicitly prohibiting conversion therapy for persons under 18 and “non-consenting” adults.

A law that lawmakers in the Australian state in Victoria passed in 2021 took effect in February. The law, first proposed in 2020, has been hailed as a model for legislation to ban conversion therapy and certainly inspired New Zealand’s ban.

Several Mexican states also banned conversion practices this year, following the nation’s first prohibition that Mexico City approved in 2020. Lawmakers in Jalisco, Baja California, Puebla, Hidalgo and Sonora states approved measures to ban them.

The British government’s decision to support a trans-exclusive bill to ban conversion therapy prompted advocacy groups to boycott an LGBTQ and intersex rights conference that was to have taken place in London during Pride Month. The conference was later cancelled.

Nick Herbert, a member of the British House of Lords who advised then-Prime Minister Boris Johnson on LGBTQ and intersex issues, is a member of the Global Equality Caucus.

Indirect conversion therapy bans are “when countries do not explicitly prohibit them through legislation, however, they are not allowed from a mental health standpoint,” Global Equality Caucus Membership and Programs Coordinator Erick Ortiz told the Blade. 

Israel’s Health Ministry in February issued a directive that said medical professionals are prohibited from offering, advertising or performing conversion therapy, and those who violate the ban could face punishment. The Knesset in 2020 passed a conversion therapy ban bill, but lawmakers have yet to codify the directive.

India’s National Medical Commission the same month in a filing with the Madras High Court clarified that any licensed medical professional in the country who is found guilty of offering conversion therapy can face prosecution for professional misconduct. India, like Israel, does not explicitly ban the practice throughout the country, but the filing reaffirmed a 2021 court order that prohibits any attempt to “cure or change” the sexual orientation or gender identity of LGBTQ people.

Vietnam’s Health Ministry in 2021 issued guidance to clarify that homosexuality and transgender identities are not considered curable diseases, and that doctors should not engage in coercive treatments that attempt to change someone’s sexual orientation or gender identity.

Paraguay in November joined Argentina and Uruguay in becoming the third South American country to amend its mental health law to prohibit a mental health diagnosis on the basis of “sexual choice or identity.”

Lawmakers in several countries in 2022 introduced bills to ban conversion therapy; but they have not been passed because of legislative processes, timelines and elections. 

Icelandic MP Hanna Katrin Fridriksson, a Global Equality Caucus member, in January introduced a bill in the Althing (Iceland’s Parliament,) but it has not yet progressed. Dutch Sen. Boris Dittrich, helped champion a bill in his country’s Parliament, but it was referred to committee. A bill in Cyprus also reached the committee stage and is likely to be passed in 2023.

The Icelandic Parliament in Reykjavik, Iceland. (Washington Blade photo by Michael K. Lavers)

Former Colombian Congressman Mauricio Toro introduced a bill, but it was not passed before the new Congress took office in July. A group of lawmakers from various political parties have reintroduced the bill.

Norwegian Equality Minister Anette Trettebergstuen introduced a bill proposing a total ban on conversion therapy, going beyond plans the previous government first announced in 2021. Lawmakers are currently reviewing the measure. The Belgian Cabinet has approved a similar proposal, but the lower house of the country’s Parliament has not given its final approval. 

The Mexican Senate after nearly four years of stalemate approved a federal bill after consultations with Yaaj Mexico, an LGBTQ and intersex rights group, and talks at the Global Equality Council summit that took place in Mexico City earlier this year. The measure will take effect once the Mexican Chamber of Deputies approves it, which will likely take effect in 2023.

Several other countries have expressed they support conversion therapy bans, but their governments or congressmen have yet to submit a parliamentary bill. They include the Ireland, Sweden, Finland and some states in Australia. 

Peruvian Congresswoman Susel Paredes will lead a bill to ban conversion therapies in her country 

“Congresswoman Susel Paredes is waiting for the right moment to present the project due to the political problems Peru is facing,” Ortiz said.

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India

India broadcast authority asks TV station to delete video deemed offensive to LGBTQ community

Activist Indrajeet Ghorpad filed complaint

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(YouTube screenshot)

India’s News Broadcasting and Digital Standards Authority on Feb. 28 asked a television station to delete a video that contained objectionable remarks against the LGBTQ community. 

The India Today video report’s headline was “Nudity sparks outrage at USA Pride parades: How India’s LGBTQ+ lead responsibly.” The clip reportedly contained factual inaccuracies, spread fear and demonized the LGBTQ community.

NBDSA has asked India Today to remove all hyperlinks to the video from every one of its platforms. The regulatory agency has issued guidelines for broadcasters about the LGBTQ community and asked to circulate it among all its editors and members. The broadcasting authority announced the directives after hearing a complaint that Indrajeet Ghorpad, an LGBTQ rights activist, filed.

Ghorpad said the program did not comply with the principles of “accuracy, neutrality, objectivity, good taste, decency and others.” Ghorpad also said it portrayed Pride parades in the U.S. in a negative light and unfavorably compared them with India’s LGBTQ community.

The NBDSA had received several complaints on the community’s portrayal. It issued five guidelines to sensitize and bring objectivity when covering the LGBTQ community in India, apart from the existing code of ethics and broadcasting standards.

The NBDSA on March 1 issued guidelines on how to report on issues faced by the LGBTQ community with accuracy, objectivity and sensitivity, and further said that non-sensitive and inaccurate reporting regarding the community has serious social repercussions.

The guidelines say “reporting should not sensationalize or create panic, distress or undue fear among viewers.” They also state broadcasters must avoid broadcasting any news that sensationalizes the issues related to the LGBTQ community, perpetuates stereotypes or creates fear in respect of the community.

The recommendations say broadcasters should refrain from using any expression or slur that may be construed as “hate speech” against the LGBTQ community. They also note broadcasters while covering any issue concerning the LGBTQ community must ensure their reporting does not promote homophobia or transphobia, or negative stereotypes about the LGBTQ community.

The guidelines say broadcasters must respect the privacy of LGBTQ people and not disclose personal information, including gender identity or sexual orientation of a person without their consent. The guidelines further state broadcasters should use inclusive and gender-neutral language, and respect the individuals’ preferred pronouns and names. Broadcasters, according to the guidelines, must strive for diverse representation in their coverage of the LGBTQ community and ensure voices from different segments of the LGBTQ community are provided a platform to express their views.

The incident is not a first Indian media. 

TV9 Telugu, a Telugu language television station, in 2011 did a sting operation on LGBTQ members of a gay dating site, over which the news channel faced the community’s wrath in Mumbai, India’s financial capital. The channel at that time broadcasted the operation all over the country and released profiles and pictures of the site’s users. 

The LGBTQ community protested outside the channel’s office in Mumbai by wearing condoms on their middle fingers.

NBDSA in April 2022 sanctioned TV9 Teluguand Sakshi TV, another Telugu-language 24-hour news channel, for sensationalizing a police raid in Hyderabad after neighbors complained of loud noise. The two channels broadcasted visuals of the party and individuals attending it, violating privacy and highlighting their sexual orientation without their consent.

Negha Shahin, a transgender Indian actress, told the Washington Blade that social media today has become an unsafe, toxic and hate-spreading tool with regards to trans and queer people.

“Mocking LGBTQIA+ folks is becoming a new trend. Content creators are creating content against queer folks, dangerous things are getting attention and triggering homophobia and transphobia,” said Shahin. “Meanwhile TV media like India Today is playing major part and considered as responsible news network. If they did not follow the guidelines then how will the society will follow? Journalists, politicians, actors, police, lawyers whoever addressing issues related to (the) minority community in India, should mind the glossary. They cannot be transphobic or homophobic. They cannot oppress, misgender, following stereotypes and creating false statement or news in the media.”

Shahin said news channels in India that do not following the guidelines are showing their hatred against the LGBTQ community. She said these incidents remind everyone that uprooting stereotypes and homophobia from society in every form is important.

Harish Iyer, a prominent equal rights activist in India, told the Blade that accepting different sexuality is not a Western or Indian concept, but rather a scientific one that cuts across geographies and sex.

“If channels are broadcasting this, they are not doing against gender or sexuality but against science and humanity,” said Iyer. “More than expunging and deleting the video, the corrective actions like watchdogs will ensure corrective actions are required. The guidelines are in sync with what the Supreme Court of India and the Constitution of India stand for. With a name like India Today, they stand against the very tenet of Indianism which is enshrined in the constitution that provides equal opportunity and equal protection of the law against any discrimination regardless of gender and sexuality, so I think, India Today, should not have the India in their name because that goes against the tenet of Indian constitution and the Supreme Court’s verdict as well. There should be something mandatory for the news channels, and not just the guidelines.”

India Today did not respond to the Blade’s multiple requests for comment.

Ankush Kumar is a reporter who has covered many stories for Washington and Los Angeles Blades from Iran, India and Singapore. He recently reported for the Daily Beast. He can be reached at [email protected]. He is on Twitter at @mohitkopinion. 

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South America

Argentina’s president seeks to dismantle anti-discrimination agency

Activists have sharply criticized Javier Milei’s move

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Argentine President Javier Milei (Screen capture via YouTube)

Argentinian President Javier Milei’s proposed closure of his country’s National Institute Against Discrimination, Xenophobia and Racism has sparked widespread criticism among LGBTQ activists and human rights defenders.

Alba Rueda, the former Undersecretary of Diversity Policies in the Women, Gender and Diversity Ministry who was also the country’s Special Representative on Sexual Orientation and Gender Identity under Alberto Fernández’s government, and gay Congressman Esteban Paulón in exclusive interviews with the Washington Blade talked about the Feb. 22 announcement’s implications and the impact it will have on Argentine society at a time marked by an acute economic, political and social crisis.

Rueda said INADI’s closure is a serious setback in the fight against discrimination and the advancement of human rights in Argentina. 

“INADI is a human rights agency that has been in force in Argentina for almost 30 years, which emerged as a response to the international attacks we suffered,” she pointed out. “This body has been fundamental in the attention of discrimination cases, including strategic litigation such as the (murder) of Diana Sacayán (a prominent transgender rights activist) in 2015.” 

Paulón said INADI’s closure is part of a broader policy of harassment towards diversity and state institutions that Milei’s government has carried out.

“INADI, along with the already eliminated Women Ministry, has been fundamental in the defense of the rights of LGBTQ+ and queer people,” said Paulón.

“In practical facts, the government cannot close INADI because INADI has been created by a law and it would require another law to close it,” he added. “Therefore, it has been raised that there is going to be a restructuring of personnel, a readjustment of resources that are going to continue processing complaints, but that they are going to pass to the orbit of the Justice Ministry, where INADI already is, but let’s say, they would pass without the institutionalism and that it would remain as an empty shell until the government achieves the consensus of a law to eliminate.”

Both agreed that INADI’s closure represents a serious setback in the protection of human rights in Argentina and a threat to the most vulnerable groups in society, including LGBTQ people. They also stressed Milei’s government has used this announcement as part of a broader strategy to dismantle democratic institutions and the country’s human rights agenda.

INADI cannot be closed unilaterally, despite the announcement, because a law created it and another statute would be required to dismantle it. There are, however, concerns the government may attempt to dismantle the institution or reduce its operational capacity.

“The decision to close INADI responds to an ideological position,” said Rueda. “They believe that INADI is the policeman of this, the ideological policeman. It is a body that functions autonomously whose president is appointed by the Congress and which also has a board of directors of social organizations.”

Critics of Milei’s government argue INADI’s closure is part of a strategy to consolidate power and repress dissent. They say the government is using the economic crisis as a pretext to implement authoritarian measures that limit civil liberties and weaken democratic institutions.

Milei’s supporters, on the other hand, defend the move as part of a broader effort to reduce public spending and promote liberal economic policies. They argue INADI’s closure is necessary to eliminate waste and corruption in government, and that its impact on human rights and LGBTQ protection is overstated.

“For LGTB people in particular, the closure of INADI would leave us without a place where we could basically receive attention in the face of discrimination,” Rueda pointed out. “And another issue that INADI also did is that it generated public policy recommendations or developed public policies for the prevention and awareness of these changes that have to take place in society.”

“So, not only do we run out of spaces for denunciation, but also of where to change this culture of discrimination, culture of discrimination that are present in the labor market that Milei presents or points out to you, as a success and that this is self-regulated,” she added. 

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South America

Alleged masterminds of Rio councilwoman’s murder arrested

Marielle Franco and her driver were killed on March 14, 2018

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Marielle Franco (Photo courtesy of Facebook)

Brazilian authorities on Sunday arrested two people who they say masterminded the 2018 murder of Rio de Janeiro Municipal Councilwoman Marielle Franco and her driver.

The Associated Press reported the country’s federal police arrested Congressman Chiquinho Brazão and his brother, former Rio de Janeiro Legislative Assemblyman Domingos Brazão, who advises the state’s Audits Court. Authorities on Sunday also took into custody former Rio police chief Rivaldo Barbosa and charged him with obstruction of justice.

Authorities say two former fire fighters — Elcio de Queiroz and Ronnie Lessa — shot Franco and Anderson Gomes in Rio’s Lapa neighborhood on March 14, 2018.

Franco, a bisexual woman and single mother of African descent, grew up in Maré, a favela in the northern part of Rio that is close to the city’s international airport. Franco, among other things, was an outspoken critic of police raids in Rio’s favelas that have left hundreds of people dead.

Authorities last July arrested Maxwell Simões Correia, a former firefighter who allegedly hid the guns that De Queiroz and Lessa used to shoot Franco and Gomes. The Brazilian Supreme Court last week approved a plea agreement into which Lessa entered. 

The AP reported Federal Justice Minister Ricardo Lewandowski at a press conference told reporters the Brazão brothers have “multiple interests” and Chiquinho Brazão, who was a member of the Rio Municipal Council in 2018, was angry about Franco’s bill that would have zoned land for public housing in the city. The Brazão brothers also have reported ties to militias in the city.

“At this moment we have it very clear who are the perpetrators of this hateful, heinous crime of political nature,” said Lewandowski.

Franco’s widow, Mônica Benício, who was elected to the Rio Municipal Council in 2020, discussed the status of the investigation with the Washington Blade during a March 2022 interview in Rio.

“The struggle for justice to find out who ordered the murder and how high up they were indicates we are still far from knowing,” said Benício.

Franco’s family in a statement said their fight for justice will continue.

“This case reflects the structural impunity in cases of crimes committed by agents or former agents of the State against the lives of human and civil rights defenders, such as Marielle and Anderson Gomes, segments of society that suffer widespread damage to rights in society and have structural difficulty in accessing justice,” it reads.

Domingos Brazão’s lawyer has denied the allegations against his client, saying he “did not know Marielle.” Chiquinho Brazão and Barbosa have also proclaimed their innocence. 

The three men, who were arrested in Rio, will be transferred to Brasília, the country’s capital.

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