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Out in the World: LGBTQ news from Europe and Asia
Iraqi MPs passed bill that criminalizes same-sex relationships, transgender people
IRAQ
A law passed by the Iraqi parliament Saturday criminalizes same-sex relationships with a maximum 15-year prison sentence and also penalizes transgender Iraqis who face potential prison sentences ranging between one and three years under the new law.
MP Nouri al-Maliki told the AFP news agency that passage of the measure was delayed until after Prime Minister Mohamed Shia al-Sudani’s visit to Washington earlier this month. A second MP, Amir al-Maamouri, told Shafaq News that the new law was “a significant step in combating sexual deviancy given the infiltration of unique cases contradicting Islamic and societal values.”
In a statement released by State Department spokesperson Matthew Miller noted:
“The United States is deeply concerned by the Iraqi Council of Representatives’ passage of an amendment to existing legislation, officially called the Anti-Prostitution and Homosexuality Law, which threatens constitutionally protected human rights and fundamental freedoms. The law bans same-sex relations with steep fines and imprisonment and punishes those who ‘promote homosexuality.’ Limiting the rights of certain individuals in a society undermines the rights of all.
This amendment threatens those most at risk in Iraqi society. It can be used to hamper free-speech and expression and inhibit the operations of NGOs across Iraq. The legislation also weakens Iraq’s ability to diversify its economy and attract foreign investment. International business coalitions have already indicated that such discrimination in Iraq will harm business and economic growth in the country.
Respect for human rights and political and economic inclusion is essential for Iraq’s security, stability, and prosperity. This legislation is inconsistent with these values and undermines the government’s political and economic reform efforts.”
British Secretary of State David Cameron in a statement posted to X called the law “dangerous and worrying.” He added “no one should be targeted for who they are. We encourage the government of Iraq to uphold human rights and freedoms of all people without distinction.”
GERMANY
According to German media outlet Preussische Allgemeine Zeitung, a group of professional footballers from the German Football League (Deutsche Fußball Liga) will be announcing that they are gay on the International Day Against Homophobia, Biphobia and Transphobia on May 17.
PinkNewsUK reported the German outlet has quoted Marcus Urban as a source. Urban is a former footballer in Germany who came out after retiring. He was the second player worldwide to come out, only after British player Justin Fashanu in 1990. Fashanu was the only prominent player in pro English football to come out, until Jake Daniels in 2022.
Urban told Editorial Network Germany (Redaktions Netzwerk Deutschland) the move is part of an initiative in Germany in an attempt to encourage closet LGBTQ players and others working in football to come out. All clubs involved are said to have been made aware of the imminent announcement.
Urban is a co-founder of Diversero, a global community who celebrate and live diversity that he said contact with the players. Speaking about the closeted players he noted: “There is controversy there. Do I still want to wait until the world of football becomes the way I want it to be?”
COUNCIL OF EUROPE
The Council of Europe’s Committee for the Prevention of Torture has issued a set of standards and recommendations to European prisons aimed at ensuring that trans prisoners, a highly vulnerable segment of the prison population, are treated with respect and protected from the risks of ill-treatment.
In its annual report for 2023, the CPT notes that it is increasingly meeting trans persons held in prisons during its visits to states to monitor the conditions of detention of persons deprived of liberty. The CPT aims to provide guidance to governments and prison administrations, considering that European countries are currently implementing divergent policies and that there is a current debate as to how to treat transgender persons in prison.
CPT President Alan Mitchell said: “Prisons are a microcosm of society, often with amplified issues given the smaller confined settings. Transgender persons held in detention can be in a situation of vulnerability and a heightened risk of intimidation and abuse. It is concerning that a few states still deny the existence of transgender persons and make no specific provision for their treatment in prison, which may expose them to ill-treatment. Governments should put in place safeguards to protect transgender persons in detention and ensure that they are treated with dignity and care.
“The report identifies as a challenge the widely divergent criteria of placement of transgender persons throughout Europe depending on individual states’ policies. Some are based on self-identification and declaration, others on legal recognition, and a few on gender-affirming surgery. Few states have specific policies and legislation to guide prison authorities on placement of transgender persons, often done on a case-by-case basis subject to an individual risk assessment.
In line with the European Court of Human Rights case law, the CPT highlights that national legislation should provide for the recognition of persons of a gender other than that assigned by birth and not establish any pre-condition to legal gender recognition such as gender-affirming surgery. Consequently, when a person self-identifies as transgender in the prison admission procedure, this should be sufficient for the prison administration to treat the person as such.
The CPT considers that transgender persons should be accommodated in the prison section corresponding to the gender with which they identify. Although there have been a few unfortunate cases of the placement in women’s prison sections of transgender persons accused or convicted of sexual offences against women, the committee highlights that, as for any other prisoners, they should only be placed elsewhere for exceptional security or other reasons after an individual risk assessment. In addition, transgender prisoners should be consulted about their placement preference during the entry procedure and be given the option to keep their gender identity confidential.
During its visits to several states, the CPT met transgender women prisoners held in male sections who stated they did not feel safe, and some alleged having been sexually abused and assaulted by other prisoners or verbally abused by staff. In some countries, the CPT also met transgender women who reported that they were often not allowed to shower at different times as male prisoners, were humiliated by being referred to by their male names or prohibited from wearing women´s clothes.
In the CPT’s view, transgender prisoners should be allowed to dress in the clothes associated with their self-identified gender and be addressed by their chosen names by prison staff. Prison administrations should also address them by their preferred names, titles and pronouns in verbal and written communication, irrespective of official documents. Further, national and prison authorities should ensure that all prison staff is trained to understand and address the specific needs of transgender persons and the risks they are exposed to in the prison environment.
The committee urges national authorities to address the risks of discrimination of transgender persons in prison and implement policies to prevent and combat ill-treatment by prison staff and inter-prison violence and intimidation targeting them. It also provides guidance to ensure that body searches of transgender persons are not perceived as degrading by the persons concerned.”
UNITED KINGDOM
Royal Courts of Justice (Photo courtesy of the British government)
The Austen Hays Limited law firm this week launched a class action lawsuit in the High Court of Justice in London against West Hollywood, Calif.,- based Grindr, alleging that the world’s largest LGBTQ casual encounters app had violated British data protection laws.
Reuters reported that the suit claims British users’ highly sensitive information, including HIV status and the date of their latest HIV test, were provided to third parties for commercial purposes.
In a statement released to the media a spokesperson for Grindr said: “We are committed to protecting our users’ data and complying with all applicable data privacy regulations, including in the UK. We are proud of our global privacy programme and take privacy extremely seriously. We intend to respond vigorously to this claim, which appears to be based on a mischaracterisation of practices from more than four years ago, prior to early 2020.”
The Austen Hays Limited law firm’s managing director Chaya Hanoomanjee responded saying:
“Our clients have experienced significant distress over their highly sensitive and private information being shared without their consent. Many have suffered feelings of fear, embarrassment, and anxiety as a result,” Hanoomanjee said.
“Grindr owes it to the LGBTQ+ community it serves to compensate those whose data has been compromised and have suffered distress as a result, and to ensure all its users are safe while using the app, wherever they are, without fear that their data might be shared with third parties,” she added.
So far 670 people have signed up to the claim, and the firm said “thousands” more people had expressed interest in joining.
The Irish Examiner reported on Monday, April 22 that the claim against Grindr will be focused on the periods before April 3, 2018, and between May 25, 2018, and April 7, 2020, meaning newer users are unlikely to be able to join. Grindr changed its consent mechanisms in April 2020.
Grindr, based in Los Angeles, announced it would stop sharing users’ HIV status with third-party companies in April 2018 after a report by Norwegian researchers revealed data sharing with two companies.
HONG KONG
A 33-year-old trans man who has been battling authorities to change his gender from female to male on his Hong Kong ID card since he first launched legal action in 2017, and winning a verdict from the Court of Final Appeal in February 2023, has finally been able to get his new ID card this week.
In an interview with Hong Kong-based South China Morning Post journalist Lo Hoi-ying, Tse told her: “I thought to myself, I have won the lawsuit over a year ago, why do I still have to go through all of this?”
Tse, the chairman of the NGO Transgender Equality Hong Kong, also filed a separate lawsuit against the government in March for what he said was a discriminatory delay in issuing him his new ID card.
He said he would seek monetary compensation for the distress caused by the delay, which could not be forgotten even after changing his card. “Potentially in the future, if there are similar cases for the LGBTQ community, the government should not delay policy updates like this,” he said.
While Tse said that his new ID could make life easier for him and solve some surface issues, he conceded it was only a small step in the fight for trans rights, the South China Morning Post reported.
“The updated policy is not fully trans-inclusive, as measures such as submitting blood test reports for randomized checks still violate our privacy,” he said.
“There are still many hurdles for us, such as marriage. These are all issues we have to confront, which cannot be solved merely by an ID change.”
Additional reporting by Agence France-Presse, Shafaq News, Redaktions Netzwerk Deutschland, Office of Public Affairs for the Council of Europe, BBC News, PinkNewsUK, Irish Examiner, and the South China Morning Post.
Africa
Kenyan advocacy group offers safety tips to LGBTQ hookup app users
Blackmail, kidnappings and assaults are commonplace
The growing cases of queer people in Africa becoming victims of blackmail, physical and sexual assault from online hook-ups have compelled a Kenyan LGBTQ rights group to work with the community to help it stay safe when using digital platforms.
Upinde Advocates for Inclusion held a 3-day training from May 11-14 to teach queer people about unsafe social media and dating app hook-up practices that suspected homophobes exploit.
The Mombasa-based group of which Lizzie Ngina is executive coordinator noted lesbian, bisexual and queer women, and gender non-conforming people are the most frequent targets online and on Grindr and other dating apps.
“LBQ women and GNC persons confront major challenges in terms of digital security and data protection, freedom of expression, assembly, association, speech, privacy, protest and online organizing,” Upinde Advocates for Inclusion stated.
Although the digital platforms were seen as convenient meet-up places for LGBTQ people in overcoming physical anti-gay attacks, Upinde Advocates for Inclusion said anti-gay discrimination, marginalization, gender-based violence, misinformation, and disinformation limits LGBTQ and gender non-conforming people from accessing the social media services.
Queer people while using dating apps and social media for hookups were, however, urged to first trust their intuition before deciding to have a physical meeting with people with whom they chat online.
“If it does not seem like someone you are messaging is using their true identity, they probably are not. In this case, do not agree to meet them in person,” Upinde Advocates for Inclusion warned.
It asked LGBTQ users to ensure the first in-person meeting with someone they met online is in a public place that is queer-friendly and known to them. Upinde Advocates for Inclusion also advised queer people to inform their trusted friends or family about their meeting plans, the place, and how long they expect it will take place in order to ensure someone can intervene if something goes wrong.
“Organize your own means of transport to and from the meeting, and do not accept a free ride from a stranger,” the group warned. “Also, do not move to a secondary location if you feel unsure during the meeting.”
Upinde Advocates for Inclusion also warned queer app users to remain sober during the meeting and cautioned against leaving their food or drinks unattended in order to avoid any potential risks associated with spiking.
The National Gay and Lesbian Human Rights Commission, Ishtar-MSM and other Kenyan LGBTQ advocacy groups that offer legal aid to queer people last year reported about 100 cases of blackmail, extortion, physical and sexual assault against their members by suspected homophobes they met on dating apps and social media.
The two organizations this month noted 10 of the cases are expected before courts soon, although they said most victims of anti-gay attacks don’t report them to the authorities because they fear further stigmatization and discrimination. Consensual same-sex sexual relations also remain criminalized in Kenya.
Targeting the LGBTQ community on digital platforms and dating apps is not unique to Kenya.
The Washington Blade last month reported it is still risky for queer Nigerians to search for a partner or to use gay dating apps infiltrated by homophobes who lure them to meet in-person and then rob or assault them. South African authorities last year arrested four men in connection with the targeting of Grindr users.
LGBTQ Kenyans urged to protect themselves at protests
Upinde Advocates for Inclusion in their workshop taught participants about the signs that suspected homophobes or their associates have compromised their devices. They include unusual activities on their cell phones that include calls with untraced history, disappearing blank messages, blinking screens, high data consumption, devices that overheat when not in use and echo when picking calls and quick battery depletion with minimal use.
“If you suspect your device is compromised, do not format or reset it, log out all the accounts, find an alternative device to use, change the password for the accounts on the device, and do not connect the gadget to any other devices,” Upinde Advocates for Inclusion warned.
The group also taught queer people about how they should conduct themselves when taking part in street protests amid anti-gay attacks. Upinde Advocates for Inclusion advised them to always to identify safe alternative routes to and from the protests, wear comfortable running shoes, and always carry a spare outfit that is not LGBTQ-specific.
“If you are in a group, always strategize on having a meeting point should there be any danger or should you get separated,” the group stated. “Also, try to split up responsibilities among the group so that one person can’t be targeted.”
Upinde Advocates for Inclusion also urged queer people to always leave a protest before it ends, to have an emergency contact on speed dial or memorize it for immediate help in case of danger and to always to keep in touch with a trusted contact who is familiar with the protest but not attending it.
European Union
Gay Ukrainian man struggles to rebuild life in Berlin
Dmytro Shapoval arrived in Germany in March 2022
Editor’s note: International News Editor Michael K. Lavers was on assignment in Berlin from April 12-15.
BERLIN — A gay Ukrainian man with HIV who fled his war-torn country more than two years ago remains in Berlin.
Dmytro Shapoval first spoke with the Washington Blade in July 2022.
He was working at an IT company’s call center and studying web and UX design in Kyiv, the Ukrainian capital, when Russia launched its war against his country on Feb. 24, 2022. Shapoval less than a month later swam across a river with his cat Peach and entered Poland.
He arrived in the German capital on March 19, 2022.
“I feel very secure here,” said Shapoval when he first spoke with the Blade on July 22, 2022, during a reception that took place at the end of a two-day meeting with European activists the Organization for Refuge, Asylum and Migration organized.
Shapoval again spoke with the Blade on April 15 while he was at ORAM’s offices near Berlin’s Potsdamer Platz.
He said he was sleeping on a mattress on the kitchen floor of a Ukrainian friend’s apartment in Berlin’s Wedding neighborhood, while looking for a more permanent place to live.
Shapoval had just finished an IT course at a private university, but told the Blade he “was not in that headspace to study” because of the depression from which he said he suffers. Shapoval also told the Blade the German government has postponed his residency permit for a year.
“It’s challenging,” he said.
Germany has granted temporary protection to nearly 1 million Ukrainians
The German government has granted temporary protection to more than 900,000 Ukrainians since the war began. (The U.N. Refugee Agency says there are 2.2 million refugees in Germany.)
Ukrainians are able to enter Germany without a visa.
The German government offers those who have registered for residency a “basic income” that helps them pay for housing, food and other basic needs. Ukrainian refugees can also access health care, language classes, job training programs and childcare.
Shapoval and other single Ukrainian refugees receive €563 ($609.30) a month through the program.
Shapoval told the Blade it is difficult for him to find a job because his legal status remains uncertain. He also complained about German bureaucracy, which he described as “such a hell here.”
Shapoval’s mother remains in Dnipro, a city on the Dnipro River that is roughly 300 miles southeast of Kyiv.
He said the first year of the war was “pretty quiet” in Dnipro because it is not as big as Kyiv, Kharkiv, Odesa and other Ukrainian cities. Shapoval said the situation in Dnipro changed last fall.
Shapoval told the Blade a Russian missile hit a nine-story civilian building in the city.
“I had the worst day of my life because I knew that my mom was going to Dnipro,” he said.
Shapoval said the building the missile hit struck was close to his grandmother’s home.
“I was so horrified,” he told the Blade. “I was trying to call her to get in touch. She was not answering at all.”
Shapoval said his grandmother called him several hours after the attack. She told him the missile strike damaged the city’s communications infrastructure.
“It’s pretty horrible,” said Shapoval.
Shapoval spoke with the Blade hours before Ukrainian President Volodymyr Zelensky signed a controversial conscription law that seeks to replenish the country’s military. Zelensky last month also enacted a statute that lowers the minimum draft age from 27 to 25.
Shapoval said he does not want to go into the military, and has thoughts that he would die in the war. Shapoval also told the Blade he does not watch news reports about Ukraine because they exacerbate his depression.
“Just seeing these buildings destroyed and sometimes (at night when) people are sleeping there, or also (seeing) news about kids being stolen into Russia and then brainwashed there in these camps … is really bad,” he said.
‘You’re a white refugee, so everything’s fine’
Shapoval noted support for Ukrainian refugees in Germany has begun to wane.
He recalled a conversation he had at a queer bookstore in Berlin’s Kreuzberg neighborhood during which someone who he described as German asked him what its like to be a refugee.
“Without even letting me answer without any space, he’s like, ‘Oh, but you’re a white refugee, so everything’s fine,'” recalled Shapoval.
Hamas on Oct. 7, 2023, launched a surprise attack against Israel.
Shapoval said the Israel-Hamas war in the Gaza Strip has pushed the conflict between Ukraine and Russia and the plight of Ukrainian refugees out of the headlines. He also recalled an exchange he had with a Syrian woman with whom he had become friends in Berlin after Oct. 7.
Shapoval said she wrote in an Instagram post that “one or two years of war in Ukraine, this amount of kids died and two months of war in Palestine, this amount of kids died.”
“I’m like, what the fuck is that?” he recalled. “It’s not a competition of dead babies.”
“The fact you put two in comparison already makes one side less valuable and one side more valuable, but it’s also different pain,” added Shapoval. “I know that it is also horrible there … it seems like people are not understanding that.”
Shapoval said he reached out to her and tried to explain his perspective.
“It’s a bit hard right now,” he told the Blade.
Africa
Ugandan president meets with US ambassador
Unclear whether William Popp raised Anti-Homosexuality Act
Editor’s note: This article has been updated.
Ugandan President Yoweri Museveni on May 10 met with U.S. Ambassador to Uganda William Popp.
Museveni in a post to his X account described the meeting, which took place at his official residence in Entebbe, as “productive.”
“We discussed key issues, such as the upcoming Census, regional peace, and socio-economic development. I emphasized the need for an inclusive census for informed decision-making,” said Museveni. “I also shared my views on fostering peace and security in the region. Additionally, we discussed opportunities in transitioning our population from a rural-based pre-capitalist society to industry and services.”
I had a productive meeting with the US Ambassador to Uganda, H.E William Popp, at State House Entebbe. We discussed key issues such as the upcoming census, regional peace, and socio-economic development. I emphasized the need for an inclusive census for informed decision-making.… pic.twitter.com/yHRZPHEltZ
— Yoweri K Museveni (@KagutaMuseveni) May 9, 2024
A statement the Ugandan Foreign Affairs Ministry released noted Popp “conveyed his appreciation for the president’s valuable time and wise counsel.”
“He also acknowledged President Museveni’s extensive knowledge and experience, underscoring the importance of their continued dialogue in fostering a strong and mutually beneficial relationship between the United States and Uganda,” said the statement.
The statement further notes Foreign Affairs Minister Jele Odongo; Defense and Veterans Affairs Minister Jacob Oboth-Oboth; Rosette Byengoma of the Defense Ministry; and Lt. Gen. Samuel Okiding, who is deputy chief of the Ugandan defense forces, attended the meeting.
The meeting took place nearly a year after Museveni signed the Anti-Homosexuality Act that, among other things, contains a death penalty provision for “aggravated homosexuality.”
The U.S. has sanctioned Ugandan officials and removed the country from a duty-free trade program. The World Bank Group also suspended new loans to Uganda in response to the Anti-Homosexuality Act.
The Ugandan Constitutional Court last month refused to “nullify the Anti-Homosexuality Act in its totality.” A group of Ugandan LGBTQ activists have appealed the ruling.
It is not clear whether Popp raised the Anti-Homosexuality Act with Museveni during their meeting.
“We do not discuss the details of private diplomatic engagements; however, we have regularly raised with the highest levels of Ugandan government U.S. government concerns about democratic space, rule of law, and respect for human rights for all Ugandans, including members of the LGBTQI+ community in relation to the 2023 Anti-Homosexuality Act,” a State Department spokesperson told the Washington Blade on Wednesday.
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