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‘I love Ukraine’

Country’s activists remain defiant as they mark war’s first anniversary

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A Pride celebration took place in Kharkiv, Ukraine, on Sept. 25, 2022. (Photo courtesy of Ruslana Hnatchenko/Sphere Women's Association)

Anna Sharyhina, co-founder of the Sphere Women’s Association, a group that promotes LGBTQ and intersex rights in Ukraine, on Sept. 25, 2022, led a Pride march in a subway station in Kharkiv, the country’s second-largest city that is less than 30 miles from the Russian border in eastern Ukraine.

Kharkiv Pride took place during the Ukrainian military’s counteroffensive against Russian troops in Kharkiv Oblast. Sphere Fundraising Manager Ruslana Hnatchenko on Tuesday told the Washington Blade during a Zoom interview the subway was the only safe place for the event to happen, but she said it was “very important for us to have it in Ukraine and have it in Kharkiv.”

“Kharkiv carries a significance of being at the frontline and it is so close to Russia,” said Hnatchenko. “It was great to have it there.”

Anna Sharyhina, co-founder of the Sphere Women’s Association, center, leads a Pride march in a subway station in Kharkiv, Ukraine, on Sept. 25, 2022. (Photo courtesy of Sphere Women’s Association)

Friday marks one year since Russia launched its war against Ukraine.

Dmitry Shapoval, a gay man with HIV from Kyiv, the Ukrainian capital, and Anastasiia Baraniuk and her partner, Yulia Mulyukina, who were living together from Dniptro, a city on the Dnieper River in central Ukraine, are among the millions of people who have left Ukraine over the last year.

Hnatchenko was in Budapest, Hungary, studying for her master’s degree when the war began, and she spoke with the Blade from there. She visited her family over the Christmas holidays, but they met in Lviv, a city in western Ukraine that is close to the country’s border with Poland, because it was safer than Kharkiv.

“It was unsafe for me to come to Kharkiv,” said Hnatchenko. “It would be better for everyone to meet in the west.”

A Russian airstrike on March 1, 2022, killed Elvira Schemur, a 21-year-old law school student who was a volunteer for Kharkiv Pride and Kyiv Pride. Schemur was volunteering inside Kharkiv’s regional administration building when she was killed.

Hnatchenko said activists in Kherson, a city that Ukrainian forces liberated last November, told her Russian soldiers “were aware of where people from vulnerable groups (LGBTQ and intersex people and Roma people) lived.” Hnatchenko told the Blade people who identified as LGBTQ, intersex or nonbinary did not go outside during the occupation because they were afraid of being forcibly conscripted, attacked or sexually assaulted.

“A lot of LGBT people just tried not to go outside … and obviously not to expose anything about their identity,” she said.

Hnatchenko also told the Blade women and girls in Kherson tried to dress in a “non-attractive way” in order “to make themselves look ugly, so the troops would take less interest in them.”

‘We help our soldiers’

Activists and advocacy groups remain defiant. They also continue to support LGBTQ and intersex Ukrainians who remain inside the country and servicemembers.

Hnatchenko said Sphere has provided humanitarian assistance and psychological support to more than 1,500 people. 

Outright International, RFSL (the Swedish Federation for Lesbian, Gay, Bisexual, Transgender, Queer and Intersex Rights), Hivos and private donors inside Ukraine and elsewhere have donated funds that have allowed Sphere to purchase generators, clothes and blankets that it has distributed to Kharkiv’s LGBTQ and intersex residents during blackouts that Russia’s attacks against Ukrainian infrastructure have caused.

The U.S. Agency for International Development and the Presidentā€™s Emergency Plan for AIDS Relief over the last year have delivered millions of doses of antiretroviral drugs for Ukrainians with HIV/AIDS. Then-Kyiv Pride Executive Director Lenny Emson last month during a photo exhibit at Ukraine House in D.C. that highlighted Ukrainian LGBTQ and intersex servicemembers noted the organization continues to purchase basic supplies for them.

“We buy shoes. We buy underwear. We buy socks. We buy heaters,” said Emson. “We help our soldiers.”

Ukrainian President Volodymyr Zelenskyy over the last year has indicated his support of LGBTQ and intersex rights.

Zelenskyy last summer said he supports a civil partnerships law for same-sex couples. 

Ukrainian lawmakers late last year unanimously approved a media regulation bill that will ban hate speech and incitement based on sexual orientation and gender identity. The measure passed days before Zelenskyy, a former actor and comedian, met with President Joe Biden at the White House and addressed Congress.

Zelenskyy last month made a broad reference to LGBTQ and intersex rights in a virtual Golden Globes appearance. Ukrainian Ambassador to the U.S. Oksana Markarova during the Jan. 26 event in D.C. applauded Kyiv Pride and other LGBTQ and intersex rights groups in her country.

ā€œThank you for everything you do in Kyiv, and thank you for everything that you do in order to fight the discrimination that still is somewhere in Ukraine,ā€ said Markarova. ā€œNot everything is perfect yet, but you know, I think we are moving in the right direction. And we together will not only fight the external enemy, but also will see equality.ā€

From left: Then-Kyiv Pride Executive Director Lenny Emson, QUA ā€“ LGBTQ Ukrainians in America President Bogdan Globa and Ukrainian Ambassador to the U.S. Oksana Markarova at a photo exhibit that highlights LGBTQ and intersex soldiers in Ukraine. Ukraine House in D.C. hosted the event on Jan. 26, 2023. (Washington Blade photo by Michael Key)

Biden on Feb. 20 met with Zelenskyy in Kyiv.

Hnatchenko told the Blade she thinks Zelenskyy “does believe in human rights.”

“Maybe he’s not a full-blown ally, yet, but I think he believes in human rights,” she said, while noting she was sharing her personal thoughts about Zelenskyy. “He’s not only doing that because of the pressure from partners, but there’s pressure from within Ukraine to not do that.”

Hnatchenko further acknowledged conservative politicians, prominent figures within the Ukrainian and Russian Orthodox Churches and many Ukrainians themselves remain opposed to LGBTQ and intersex rights.

“He (Zelenskyy) is kind of between a rock and a hard place in that sense, but I believe that human rights in Ukraine will overcome, especially after our victory,” said Hnatchenko. “We will make progress.”

Helen Globa, co-founder of Tergo, a support group for parents and friends of LGBTQ and intersex Ukrainians, on March 2, 2022, left her apartment in the Kyiv suburb of Bucha. She lived in New York with her son, Bogdan Globa, and his husband until she returned to Ukraine last August.

Helen Globa, like Hnatchenko, acknowledged many Ukrainians remain opposed to LGBTQ and intersex rights, but she said Zelenskyy’s support of civil unions for same-sex couples and LGBTQ and intersex Ukrainians in the country’s armed forces are two tangible results of activists’ work in the country. Helen Globa also said one of the reasons she decided to return to Ukraine was to continue her support of these efforts.

“I love Ukraine and my life, my activities,” she told the Blade on Wednesday. “I do believe in our victory and further opportunities to finish my LGBTQ human rights activities by pushing our government to adopt same-sex partnership and marriages.”

Helen Globa, co-founder of Tergo, a support group for parents and friends of LGBTQ and intersex Ukrainians, speaks at a rally for LGBTQ and intersex Ukrainians on April 3, 2022. (Washington Blade photo by Michael Key)

Sarah Ashton-Cirillo, a transgender woman from Las Vegas who enlisted in the Ukrainian military after she covered the war, echoed Helen Globa.

“This act of war by Putin has set in motion a timely and irreversible civil rights movement in Ukraine, one that has been extraordinarily beneficial to the LGBTQ community,” Ashton-Cirillo told the Blade on Tuesday from the frontlines where she is fighting with the 209th Battalion of the 113th Brigade in the Donbas. “From hundreds of openly queer men and women serving in the Armed Forces of Ukraine to President Zelenskyy’s positive statement about civil partnerships and human rights as applied to the community, what Putin has done has allowed freedom to bloom in Ukraine.”

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Namibia

Namibia’s new president promises equality, ‘prosperity for all’

Netumbo Nandi-Ndaitwah is country’s first female head of state

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Namibian President Netumbo Nandi-Ndaitwah (Screen capture via Kenya Digital News/YouTube)

March 21 was a historic day for Namibia with the inauguration of Netumbo Nandi-Ndaitwah, the country’s first female president who resoundingly won last November’s presidential election.

Nandi-Ndaitwah in her inaugural speech vowed to uphold the rights of every Namibian by bringing shared prosperity for all, and pledged to enhance gender parity across the country.

“The task facing me, as the fifth president of the Republic of Namibia, is to preserve the gains of our independence on all fronts and to ensure that the unfinished agenda of economic and social advancement of our people is carried forward with vigor and determination to bring about shared, balanced prosperity for all,” she said. “I am optimistic that, as a nation, we can make a success of our country. We must work together as a united people with one heart and one mind.”

Nandi-Ndaitwah’s remarks come at a time when LGBTQ Namibians face the possibility of being criminalized.

MP Jerry Ekandjo in 2023 tabled the Marriage Amendment Private Members’ Bill and Spouse Bill, which would have made same-sex marriages illegal, regardless of whether they had been legally performed outside Namibia. Those who would have violated the proposed law would have faced up to six years in prison, a $5,000 fine, or both.

Former President Nangolo Mbumba earlier this month refused to sign the bills into law because a majority of MPs did not pass them, and they presented constitutional challenges. Former Home Affairs, Immigration, Safety, and Security Minister Albert Kawana last July tabled the marriage proposal in parliament, and labeled the two bills as redundant.

The Marriage Bill, which became law on Oct. 2, 2024, exactly four months after Kawana tabled it, repealed the Marriage Act of 1961 and all its subsequent amendments, including the Supreme Court decision which recognized same-sex marriages legally performed outside Namibia.

The Marriage Act of 2024 says a marriage or marital union between persons of the same sex wherever conducted, or a marriage or marital union conducted in a country other than Namibia which cannot be validly conducted in Namibia is illegal. Anyone who violates the law can face up to four years in prison, a $1,000 fine, or both.

“This law impacts all Namibians, from stricter marriage age requirements to mandatory public notification of intended unions,” said Equal Rights Namibia, a Namibian LGBTQ advocacy group. “Its effects extend beyond same-sex couples, complicating cross-national marriages and limiting personal freedoms. Equal Namibia calls for strategic litigation support and Namibians whose rights are violated by this unconstitutional law to join us in our fight.”

Consensual same-sex sexual relations remain decriminalized following last July’s landmark High Court ruling that struck down Namibia’s apartheid-era sodomy laws.

“The Namibia High Court’s decision to overturn these laws and decriminalize consensual same-sex sexual conduct is a victory for love, for equality and for human rights,” said Khanyo Farise, Amnesty International’s deputy regional director for East and Southern Africa. “This ruling is a step toward ending discrimination in equal access to health care and other social services and ensuring that all people in Namibia can choose their partners without fear of reprisals and live their lives in dignity.”

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Denmark

Denmark issues US travel advisory for transgender people

Federal government only recognizes two genders: Male and female

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(Bigstock photo)

Denmark is the latest country to issue a travel advisory for transgender people who plan to visit the U.S.

ā€œWhen applying for an ESTA (Electronic System for Travel Authorization) or visa to the United States, there are two gender designations to choose from: Male or female,ā€ reads the travel advisory the Danish Foreign Affairs Ministry issued on Friday, according to the Associated Press. ā€œIf you have the gender designation ‘X’ in your passport, or you have changed your gender, it is recommended that you contact the U.S. Embassy prior to travel for guidance on how to proceed.ā€

President Donald Trump shortly after he took office on Jan. 20 issued an executive order that bans the State Department from issuing passports with ā€œXā€ gender markers. Secretary of State Marco Rubio in response to directive ordered State Department personnel to ā€œsuspend any application requesting an ā€˜Xā€™ sex marker and do not take any further action pending additional guidance from the department.ā€

Trump on Feb. 5 issued another executive order that bans trans women and girls from female sports teams. The Guardian reported Rubio later instructed American consular officials to deny visas in ā€œcases where applicants are suspected of misrepresenting their purpose of travel or sex.”

The German government earlier this month issued a travel advisory for trans and nonbinary people who are planning to visit the U.S. The AP notes Finland followed suit.

WorldPride is scheduled to take place in D.C. from May 17-June 8.

InterPride, the organization that coordinates WorldPride events, on March 12 issued its own travel advisory for trans and nonbinary people who want to travel to the U.S.

ā€œDue to an executive order issued by the U.S. president on Jan. 20, all travelers must select either ā€˜maleā€™ or ā€˜femaleā€™ when applying for entry or visas. The gender listed at birth will be considered valid,ā€ reads the advisory. ā€œIf your passport has ā€˜Xā€™ as a gender marker or differs from your birth-assigned gender, we strongly recommend contacting the U.S. diplomatic mission before traveling to confirm entry requirements.ā€

The Capital Pride Alliance is the local WorldPride host. Capital Pride said it is working on the guide mentioned in the InterPride advisory.

The guide has yet to be released.

The African Human Rights Coalition, a group that promotes LGBTQ rights in Africa, last week called for a boycott of WorldPride, noting an “antagonistic fascist regime which presents distinct dangers to foreign LGBTQI+ attendees” now governs the U.S. Egale Canada, one of Canadaā€™s largest LGBTQ advocacy organizations, in February announced its members will not attend WorldPride and any other event in the U.S. because of the Trump-Vance administrationā€™s policies.

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Kenya

Outcome of transgender rights case in Kenya remains uncertain

Countryā€™s attorney general has asked High Court to dismiss lawsuit

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(Image by Bigstock)

Transgender Kenyansā€™ efforts to receive birth certificates that reflect their gender identity now hang in the balance, despite several legal victories.

Attorney General Dorcus Oduor has asked the High Court to dismiss a pending case that three trans people have filed. Oduor argues a person is born either ā€œa boy or a girlā€ and existing laws do not allow for anyone to change their sex in adulthood.

Oduor in her written submission to Justice Bahati Mwamuye also argues gender identity and the governmentā€™s issuance of a birth certificate are based on a personā€™s physical appearance. Her argument, however, exempts intersex people.

The government last month officially recognized intersex people in a Kenya Gazette notice that said they can receive birth certificates with an ā€œIā€ gender marker. The countryā€™s historic intersex rights law took effect in 2022.

ā€œThe existing laws of the land do not contemplateĀ changeĀ of gender, and marks of transgender are not a basis for determining oneā€™s gender as either male or female,ā€ Oduor states. Ā 

Oduor further maintains that a person’s feeling they are ā€œunwillingly living in a wrong bodyā€ cannot justify changing their gender. Oduor maintains a personā€™s gender is based on fact ā€” not feelings ā€” and the plaintiffs at birth were registered and named based on their gender status.

Audrey Mbugua, Maurene Muia, and Arnest Thaiya are the three trans people suing Oduor, the Registrar of Births and Deaths, the National Registration Bureau, and Immigration Services Director General Evelyn Cheluget in order to receive amended birth certificates.

The plaintiffs argue the current discrepancy in crucial documents ā€” birth certificates, national identification cards, and passports ā€” has denied them opportunities and rights. They disagree with Oduorā€™s position on determining oneā€™s sex, arguing the process is ā€œnot scientific, but subjective.ā€

ā€œThere are no identifiers of sex or definitions of the biological or psychological components of sex,ā€ the plaintiffs argue. ā€œIn any event, such biological components cannot be limited to genitalia only, but also chromosomes, gonads, hormones, and the brain.ā€ 

They further maintain that trans people cannot be forced to live with names of the wrong gender as adults. Oduor, however, maintains that only mistakes, such as spelling errors or parents in ID documents, can be changed and not a gender marker.  

Amka Africa Justice, Jinsiangu (ā€œmy genderā€) Kenya, and the Kenya Human Rights Commission are among the advocacy groups that have joined the case.

Mbugua, a well-known trans activist, has been pushing for legal rights in the court for more than a decade.

She filed a lawsuit in which she demanded the government identify her as a woman and to be allowed to live as one, not as a male as she was registered at birth. A landmark ruling in 2014 ordered the Kenya National Examinations Council to change Mbugua’s name and replace the gender marker on her academic certificates.Ā 

Mbugua also founded Transgender Education and Advocacy, a group with more than 100 members. A long court battle that ultimately proved successful allowed Transgender Education and Advocacy to become the first publicly-funded trans rights organization in Kenya.

Transgender Education and Advocacyā€™s initiatives include offering legal aid to trans people seeking to change their names, photos, and gender markers in documents, pushing for legal reforms to end discrimination based on gender identity and expression, and providing economic assistance to trans people who want to overcome poverty and sexual exploitation.

Jinsiangu Kenya, established in 2018, also champions equal access to health care and other basic services without discrimination based on gender identity and expression.

AĀ report that Jinsiangu Kenya released in July 2021 notes 63 percent of trans people surveyed did not have ID documents or records with gender markers that coincide with their gender identity.Ā The report also notes 10 percent of trans people surveyed said officials denied them an ID card or passport, and they were unemployed because they did not have the proper documents.

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