World
Out in the World: LGBTQ news from Europe and Asia
Malaysian music festival organizers suing English rock band over on stage kiss
MALAYSIA
Rock band The 1975 is being sued by organizers of a music festival kissed a man on stage as a protest against the countryās anti-LGBTQ laws last July. The festival is seeking $2.4 million in damages alleging breach of contract after the festival was shut down by authorities.Ā
The English rock band was headlining the Good Vibes Festival in Kuala Lumpur on July 21, 2023, when Healy delivered a performance that festival organizers Future Vibes Asia allege included drinking alcohol and smoking cigarettes on stage, appearing to āspit excessively including towards the audienceā and giving a āprofanity-laden speech,ā all of which they say was in violation of their performance contract.
“Variety” reported at the time that Healy told the crowd āI donāt see the fucking point ā¦ of inviting The 1975 to a country and then telling us who we can have sex with ā¦ Iām sorry if that offends you, and youāre religious ā¦ but your government are a bunch of fucking rāā. I donāt care anymore. If you push, Iām gonna push back. Iām not in the fucking mood.ā
At that point, Healy kissed bassist Ross MacDonald on stage, resulting the band getting booted from the stage by government censors and banned from performing in Malaysia.
Authorities then shut down the entire festival, which still had two more days of performances by local and international acts, including American band The Strokes.
In filings in the UK High Court, Future Sound Asia is seeking $2.4 million in damages from the band, whom they say were paid $350,000 to perform.
The 1975 have not provided a response in court.
The band has also been sued separately by other artists who claim they lost opportunities and income because of the festival being shut down.
THAILAND
Thailand has become the 44th member state of the Equal Rights Coalition, an intergovernmental agency tasked with advancing the rights of LGBTQ and intersex people across the world.Ā
Thailand is the first Asian country to join the international body, which also includes member states from Europe, the Americas, Africa, and the Middle East.
The Equal Rights Coalition was founded in 2016 under the leadership of Uruguay and the Netherlands to promote LGBTQ and intersex human rights, through forums and idea exchange with a particular focus on reducing violence and discrimination, ending criminalization of LGBTQ and intersex people, and including LGBTQ and intersex people in development projects.
Thailand has made great progress on LGBTQ rights in recent years, including legalizing same-sex marriage and adoption earlier this year, and introducing a government bill to facilitate legal gender change.
The ERC has worked to expand its own capacity this year, launching a secretariat hosted by ILGA-World in Geneva.Ā
NEPALĀ
The Supreme Court of Nepal has for the first time ordered that the government recognize a transgender woman as a woman, without her having to submit to medical verification. The ruling applies only to this specific case but may set a precedent for future cases.
Human Rights Watch reported that Rukshana Kapali, a trans law student, was granted the order that she should be recognized as a woman on all government documents. Kapali has sued the government more than 50 times since 2021 in order to get her gender recognized, due to inconsistently applied rules across the country.Ā
Although Kapali has been granted relief, other trans people will continue to have to sue to have their gender legally recognized, until the government creates a consistent regulation.
In 2007, the Supreme Court ordered the government to recognize a āthird genderā or āotherā option on the basis of self-identification. āThird genderā is a common way that many trans people in South Asian cultures self-identify.Ā
However, because the government has failed to institute a clear nationwide policy around updating legal gender, many trans people face roadblocks. Some are forced to undergo surgery first, which requires travelling outside the country, and then to have invasive medical examinations in-country.
Human Rights Watch has called on the government to address this by creating a clear policy on updating legal gender based on self-determination.
āThe government can and should make the system work for everyone by issuing a directive that allows people to self-identify their gender on official documents, without medical or other verification,ā Human Rights Watch says in a press release.
UNITED KINGDOM
The British Medical Association has called for the government to pause implementation of the controversial Cass Review of gender care for trans youth, and a lifting of the governmentās ban on the use of puberty blockers for under-18s.Ā
The BMA, a trade union that represents nearly 200,000 doctors and medical students across the UK, has made the amid a growing anti-trans moral panic across the UK, fueled by far-right commentators, including “Harry Potter” creator J.K. Rowling, which captured the attention of the Conservative Party that governed the country for 14 years until last month.
But the new Labour government has been swift to uphold some of the previous governmentās anti-trans policies, including announcing that it would move to make the ban on puberty blockers permanent.
The previous government had launched a review of trans youth care under Hilary Cass, who published her findings this spring. The Cass Review ultimately called for a move away from medical interventions for trans youth and instead proposed a model of better mental health support.Ā
Trans activists and medical researchers criticized the report for its selective review of studies and lack of consultation with trans patients, which they have said give the impression that the review was designed to come to a conclusion that would effectively bar young people from transitioning or forcibly detransition them.
A government spokesperson has rebuffed the BMAās call for a pause on implementation of the Cass Review while it completes its own research.
“NHS England will be implementing Dr. Cass’s recommendations so that children and young people get the safe, holistic care and support they need. We do not support a delay to vital improvements from the NHS to gender services,” a Department of Health and Social Care spokesperson told the BBC.
The ban on puberty blockers had also been challenged in court by the advocacy group TransActual, but a judge ruled last week that the ban was lawful.
Ukraine
Kharkiv activists hold annual Pride event
Russian airstrikes regularly target Ukrainian city
Upwards of 60 people participated in a Pride event that activists organized in the Ukrainian city of Kharkiv on Sunday.
A press release that Kharkiv Pride released notes 13 cars “drove along one of the city’s main avenues to raise awareness about the need to uphold human rights and secure international support for the defense and recovery of Kharkiv.”
Kharkiv, which is Ukraineās second-largest city, is less than 30 miles from the Russian border in the eastern part of the country.
Russia has repeatedly targeted the city since the Kremlin launched its war against Ukraine on Feb. 24, 2022.
A Russian airstrike on March 1, 2022,Ā killedĀ Elvira Schemur, an LGBTQ rights activist who volunteered for Kharkiv Pride and Kyiv Pride, a group that is in the Ukrainian capital. Sarah Ashton-Cirillo, a transgender American journalist who is now a member of the Ukrainian Defense Forces, arrived in Kharkiv eight days after Schemur’s death.Ā
The Kharkiv Pride press release notes “several “LGBTQ+ soldiers participated in the march.”
“We need to show visibility that there are LGBTQ+ people in the army,” said Vlad, an LGBTQ soldier identified by the call sign “Sapsan,” in the Kharkiv Pride press release. “Those who attend the march represent the voices of those on the front lines and, sadly, those who are no longer with us.”
Kharkiv Pride in its press release expressed support for bills that would legally recognize same-sex couples and add sexual orientation and gender identity to Ukraine’s hate crimes law.
President Volodymyr Zelenskyy in August 2022 endorsed the civil partnerships bill.
Zelenskyy in 2021 pledged Ukraine would continue to fight discrimination based on sexual orientation and gender identity after he met with President Joe Biden at the White House. Ukrainian lawmakers in late 2022 unanimously approved a media regulation bill that bans hate speech and incitement based on sexual orientation and gender identity.
“Each group of cars carried specific messages to authorities and international partners,” said Kharkiv Pride in its press release. “Kharkiv Pride is urging the Verkhovna Rada of Ukraine (Parliament) to pass legislation that strengthens accountability for hate crimes (Bill ā 5488) and introduces registered partnerships (Bill ā 9103.)”
“Activists are also appealing to European countries to help protect Kharkivās skies with modern air defense systems and to international partners to consider the needs of underrepresented and vulnerable groups, involving them in decision-making processes during recovery planning,” it added.
Kharkiv Pride Co-organizer Anna Sharyhina noted this year’s theme was “Together for Equality and Victory.”
“We remember every day how important Ukraine’s victory is,” said Sharyhina. “Just as important to us is the fight for equal rights and the protection of the LGBTQ+ community. People who are fighting, risking their lives, cannot be denied their rights. It is both unjust and undignified, and the war has only highlighted these challenges.”
World
Out in the World: LGBTQ news from Oceania, Australia, and Europe
Tongan lawyers have called for removal of countryās gay chief justice
TONGA
A group of lawyers in the South Pacific nation of Tonga has called for the removal of newly appointed Chief Justice Malcolm Bishop because he is openly gay.
Bishop, a 71-year-old native of Wales, was appointed to the role last month. It is relatively common in small island nations for judges to be appointed from other Commonwealth countries, due to the scarcity of qualified jurists.
Bishop has more than five decades of legal experience and has lived as an openly gay man through much of his career.
But a group of Tongan lawyers say Bishop should not serve on the bench because āhis lifestyle conflicts with the law of Tonga,ā and theyāve petitioned King Tupou VI to remove him. The group cites Tongaās Criminal Offenses Act, which criminalizes sodomy with a penalty of up to 10 years in prison.Ā
But that opposition is not universal. The Tongan Law Society has dissociated itself from the petition.
Henry Aho, a lawyer and former president of Tongaās Leitis Association, the countryās largest LGBTQ advocacy group, suggests a darker purpose behind the petition.
He says the group is trying āto bring to the fore that this law exists and that it ought to be used to prosecute consenting adults also.ā
Neither Bishop nor King Tupou VI have responded publicly to the petition.
The sodomy law has never been enforced in Tonga, but the countryās largely Christian culture remains deeply conservative and opposed to LGBTQ rights. Efforts to lobby the government to repeal the sodomy law ā a relic of the British colonial administration ā have fallen on deaf ears, even as other South Pacific nations like Palau, Nauru, Fiji, and the Cook Islands have decriminalized sodomy in recent years.
The government has opposed LGBTQ rights so strongly that it is one of only five countries that has not signed or ratified the Convention on the Elimination of Discrimination Against Women, out of fear that it could lead to decriminalization of homosexuality and same-sex marriage. The other states are Iran, Sudan, Somalia, and the Vatican. The U.S. and Palau have signed but not ratified the convention.
AUSTRALIA
Australiaās Labor government has spun itself in circles on LGBTQ issues in recent weeks, with its latest broken promise to the countryās LGBTQ community being new hate crime legislation that does not criminalize hate speech that vilifies minority groups.
The updated legislation strengthens some of the nationās laws against urging hate-motivated violence and by adding specific provisions for hatred motivated by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion.
The government also introduced a separate bill that would criminalize ādoxing,ā which is the release of a personās personal information with the intent to threaten, harm, or intimidate them. The law encompasses the release of a personās private information about their sexual orientation or gender identity. Violators could get up to seven years in prison if their target is a member of a protected class.
But Labor had promised to criminalize the vilification of LGBTQ people, and thatās missing from the introduced legislation.
Attorney General Mark Dreyfus says the two laws ārespond to the increasing prevalence of hate speech and hateful conduct in our society.ā
Vilification laws already exist in several Australian states, but a national law would protect queer Australians in the states that donāt have them ā Western Australia, South Australia, Victoria, and the Northern Territory.
This is the latest policy flip on LGBTQ issues from the Labor government of Prime Minister Anthony Albanese.
Last month, the government caused controversy when it announced that it would not count LGBTQ people in the 2026 national Census, contrary to their election manifesto. The government eventually reversed its announcement, first saying it would ask a question about sexual orientation, then saying it would also add a question about gender identity.
Albaneseās government also came under fire earlier this year for walking back a promise to close an exception to discrimination law that allows religious schools to discriminate against LGBTQ students and teachers.
In a positive development, the government of South Australia state announced it would introduce a law to ban conversion therapy this week, modeled after legislation passed in several other states. After it passes, only Western Australia, Tasmania, and Northern Territory would lack laws against conversion therapy.
Western Australiaās government had announced plans to ban conversion therapy in 2022, but this week announced that they will not have time to pass a bill to ban it until after state elections next year.
JAPAN
Pressure is increasing on Japanās government to recognize same-sex couples, as four more prefectures began same-sex partnership registries this month.
Fukushima, Yamaguchi, Niigata, and Shima, with a combined population of about 7 million people, bring the total number of prefectures issuing partnership certificates to same-sex couples to 30 out of Japanās 46 prefectures. Theyāre home to more than 66 percent of Japanās population of 125 million.
Partnership certificates help same-sex couples access local services, but otherwise hold no legal status and confer no rights or obligations on the parties. Thatās made it difficult for same-sex couples to access national services or uphold their rights regarding inheritance, parenting, and taxation.
Even though polls suggest a majority of Japanese people support equal rights for same-sex couples, the deeply traditional national government has continued to oppose expanding marriage rights.
A series of court cases filed across the country have sought to have the ban on same-sex marriage declared unconstitutional. But while five out of six district courts that have heard the cases found the ban unconstitutional, they have all refused to allow same-sex marriage outright.
Appeals to those cases are ongoing, with one appeal to be heard in the Tokyo High Court on Sept 26, a ruling in a separate Tokyo case expected to be handed down Oct. 30, a ruling from the Nagoya High Court expected on Nov. 5, and a ruling from the Fukuoka High Court expected on Dec. 13.
Itās likely the issue will ultimately be decided by Japanās Supreme Court.
Japan is in the midst of selecting a new prime minister, after incumbent Fumio Kishida announced he was resigning as leader of the governing Liberal Democratic Party last month. None of the leading candidates for leadership has endorsed same-sex marriage except for Taro Kono, who is currently polling far behind other candidates. The leadership election is scheduled for Sept. 27.
FINLAND
A citizenās initiative to ban so-called conversion therapy in Finland appears to have the support of a clear majority of lawmakers but is still unlikely to pass into law due to opposition from two conservative parties that are part of the ruling coalition.
Last week, the chair of parliamentās Legal Affairs Committee, Juho Eerola, announced he was indefinitely suspending consideration of the initiative due to purported leaks to the media on the issue. Eerola comes from the far-right Finns Party, which opposes the initiative and LGBTQ rights generally.
The Finns are joined by the Christian Democrats in opposing the conversion therapy initiative. Leaders of both parties put out a statement saying the initiative would not pass during the life of the current parliament, which is expected to last until 2027.
The two parties are in a four-party coalition with the National Coalition Party and the Swedish Peopleās Party. While both of the latter parties support the conversion therapy ban, the coalition agreement does not mention it.
The left-leaning opposition Social Democrats, Left Alliance, and Green League all support banning conversion therapy as well. Together, those five parties have 125 votes out of 200 members of parliament ā and several members of the Center Party are also supportive.
Under Finnish law, a citizenās initiative must be considered by parliament if it gathers more than 50,000 signatures. Groups supporting a ban submitted 52,000 signatures in November 2023.
Nigeria
YouTube suspends queer Nigerian streaming TV channel
Deplatforming ābasically shutting the voiceā of regionās LGBTQ community
A queer Nigerian streaming TV channel has initiated a global signature collection drive that demands YouTube restore its platform that was suspended this week under unclear circumstances.
Omeleme TV, which airs gay love movies in Nigeria, faulted YouTubeās action on Sept. 8 as ānot only surprising but disappointingā to the LGBTQ community. Ā
The channel, established a year ago, launched its first short film āNearly All Menā on Oct. 22, 2023, featuring notable Nigerian actors as leads. āPieces of Loveā went viral after its release on June 21.
The channel boasted more than 5,000 subscribers and YouTube monetized it.
āWe have never involved ourselves in any aspect that goes against YouTube policies and have always complied with their rules and regulations accordingly,” reads theĀ petition. āSo deleting our YouTube page is basically shutting the voice of the queer folks in the region.ā Ā
The TV channel notes homophobia around consensual same-sex love is often shrouded in taboo in society and that Omeleme has been the only primary YouTube platform to debunk such discriminatory beliefs.
āOmeleme TV plays a crucial role in normalizing these relationships, providing visibility and affirmation for LGBTQ+ individuals, both young and old. And the only platform through which their voice can be heard and seen is YouTube,ā reads the petition.
The channelās spokesperson told the Washington Blade that YouTube did not indicate āthe main issueā for terminating the platform and confirmed that initially there was a copyright claim on a song they received from an artist but the concern was settled.
āWe immediately requested a review and informed the artist of the copyright. He immediately informed his distributors and after back and forth, the distributors based in Sweden approved that we got permission,ā the spokesperson, who sought anonymity, stated.
The spokesperson also disclosed that while settling the copyright issue, they realized that āNearly All Menā had not been monetized despite having the certificate. Concerned about YouTubeās delay in giving feedback when contacted, the channel pulled the film, recorded an original song, and uploaded the movie.
āThey (YouTube) flagged it also on Aug. 18,ā the spokesperson said. āThis time they claimed it is not ad friendly but it does not affect the channel and that we can only earn and be viewed by premium subscribers.ā
Although the channel complied by subscribing to Premium and received approval on Sept. 3, they were not comfortable with the condition since the film was only limited to some subscribers against their streaming expectation targeting everyone.
āIn all of these, YouTube never for once issued a strike on our channel, rather they kept assuring us that it does not warrant a strike if we request for reviews since we had copyrights and all,ā the spokesperson noted.
YouTube under its user policies boasts a safer platform that allows viewers and creators around the world to express their ideas and opinions freely with an assurance that such āa broad range of perspectives ultimately makes us a stronger and more informed society, even if we disagree with some of those views.ā
Under the copyright rules, the streaming platform provides that ācreators should only upload videos that they have made or that they are authorized to use.ā Ā
āSo if this back and forth is what warranted the deleting of our channel, it remains masked as they did not in any way specify the actual violation or spam,ā the Omeleme spokesperson said.
The spokesperson noted many Omeleme viewers around the world who were happy watching the films feel disappointed by the suspension by YouTube and that the channel has also suffered online mentions and subscriptions.
āIt was a labor of love and YouTube remains our major source for distribution of these films to queer folks all over the world,ā the spokesperson said, while asking the platform not to silence the voice of young indie queer filmmakers behind the movies. āWe believe it could have been a mistaken scam identity and YouTube being a safe space for filmmakers all over the world will do the right thing by restoring our channel for their esteemed viewers.ā
Reverend Jide Macaulay, a gay minister of Nigerian descent who was born in London and founded House of Rainbow, an LGBTQ-affirming fellowship, criticized YouTubeās move to suspend Omeleme, which he applauds for promoting a positive queer narrative.
āOmeleme TV has been a critical platform for increasing awareness and visibility of same-sex relationships, particularly in regions like Nigeria where LGBTQ+ individuals face pervasive homophobia and discriminatory laws,ā said Macaulay.
He reiterated the channel has been the only beacon of hope for the queer community to see their stories represented and heard in a hostile homophobic environment.
āBy blocking Omeleme TV, YouTube is silencing an essential voice in the fight for equality and understanding, especially in countries like Nigeria where safe spaces for queer individuals are scarce,ā Macaulay stated.
He called on YouTube to support queer peopleās right to be seen and heard by reinstating the channel so it can continue streaming films to empower marginalized voices. Macaulay also appealed for global support in signing the petition to have the channel restored in defending freedom of expression and the right to share diverse experiences.
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