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Out in the World: LGBTQ news from Oceania, Australia, and Europe

Tongan lawyers have called for removal of country’s gay chief justice

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(Los Angeles Blade graphic)

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 “his lifestyle conflicts with the law of Tonga,” and they’ve petitioned King Tupou VI to remove him. The group cites Tonga’s Criminal Offenses Act, which criminalizes sodomy with a penalty of up to 10 years in prison. 

But that opposition is not universal. The Tongan Law Society has dissociated itself from the petition.

Henry Aho, a lawyer and former president of Tonga’s Leitis Association, the country’s largest LGBTQ advocacy group, suggests a darker purpose behind the petition.

He says the group is trying “to bring to the fore that this law exists and that it ought to be used to prosecute consenting adults also.”

Neither Bishop nor King Tupou VI have responded publicly to the petition.

The sodomy law has never been enforced in Tonga, but the country’s largely Christian culture remains deeply conservative and opposed to LGBTQ rights. Efforts to lobby the government to repeal the sodomy law — a relic of the British colonial administration – 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

Australia’s Labor government has spun itself in circles on LGBTQ issues in recent weeks, with its latest broken promise to the country’s LGBTQ community being new hate crime legislation that does not criminalize hate speech that vilifies minority groups.

The updated legislation strengthens some of the nation’s 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 “doxing,” which is the release of a person’s personal information with the intent to threaten, harm, or intimidate them. The law encompasses the release of a person’s 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 that’s missing from the introduced legislation.

Attorney General Mark Dreyfus says the two laws “respond to the increasing prevalence of hate speech and hateful conduct in our society.”

Vilification laws already exist in several Australian states, but a national law would protect queer Australians in the states that don’t have them — 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.

Albanese’s 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 Australia’s 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 Japan’s 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 Japan’s 46 prefectures. They’re home to more than 66 percent of Japan’s 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. That’s 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.

It’s likely the issue will ultimately be decided by Japan’s 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 citizen’s 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 parliament’s 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 People’s 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 — and several members of the Center Party are also supportive.

Under Finnish law, a citizen’s 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.

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South Africa

South African activists demand action to stop anti-LGBTQ violence

Country’s first gay imam murdered in February

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Mohsin Hendricks (courtesy photo)

Continued attacks of LGBTQ South Africans are raising serious concerns about the community’s safety and well-being.

President Cyril Ramaphosa in May 2024 signed the Preventing and Combating of Hate Crimes and Hate Speech Bill into law that, among other things, has legal protections for LGBTQ South Africans who suffer physical, verbal, and emotional violence. Statistics from the first and second quarters of 2025 have painted a grim picture.

Muhsin Hendricks, the country’s first openly gay imam, in February was shot dead in Gqeberha, in a suspected homophobic attack. Authorities in April found the body of Linten Jutzen, a gay crossdresser, in an open field between an elementary school and a tennis court in Cape Town.

A World Economic Forum survey on attitudes towards homosexuality and gender non-conformity in South Africa that Marchant Van Der Schyf conducted earlier this year found that even though 51 percent of South Africans believe gay people should have the same rights as their heterosexual counterparts, 72 percent of them feel same-sex sexual activity is morally wrong. The survey also notes 44 percent of LGBTQ respondents said they experienced bullying, verbal and sexual discrimination, and physical violence in their everyday lives because of their sexual orientation.

Van Der Schyf said many attacks occur in the country’s metropolitan areas, particularly Cape Town, Durban, and Johannesburg.

“Victims are often lured to either the perpetrator’s indicated residence or an out-of-home area under the appearance of a meet-up,” said Van Der Schyf. “The nature of the attacks range from strangulation and beatings to kidnapping and blackmail with some victims being filmed naked or held for ransom.”

The Youth Policy Committee’s Gender Working Group notes South Africa is the first country to constitutionally protect against discrimination based on sexual orientation and the fifth nation in the world to extend marriage rights to same-sex couples. A disparity, however, still exists between legal protections and LGBTQ people’s lived experiences.

“After more than 20 years of democracy, our communities continue to wake up to the stench of grief, mutilation, violation, and oppression,” said the Youth Policy Committee. “Like all human beings, queer individuals are members of schooling communities, church groups, and society at large, therefore, anything that affects them should affect everyone else within those communities.”

The Youth Policy Committee also said religious and cultural leaders should do more to combat anti-LGBTQ rhetoric.

“Religious institutions seem to perpetuate the hate crimes experienced by queer individuals,” said the group. “In extreme cases, religious leaders have advocated for killings and hateful crimes to be committed against those in the queer community. South Africa’s highly respected spiritual guides, sangomas, are also joining the fight against queer killings and acts of transphobia and homophobia.”

“The LGBTQIA+ community is raising their voice and they need to be supported because they add a unique color to our rainbow nation,” it added.

Steve Letsike, the government’s deputy minister for women, youth, and persons with disabilities, in marking the International Day Against Homophobia, Biphobia, and Transphobia on May 17 noted Ramaphosa’s administration has enacted legislative framework that protects the LGBTQ community. Letsike, however, stressed the government still needs to ensure its implementation.

“We have passed these policies and we need to make sure that they are implemented fully and with urgency, so that (LGBTQ) persons can self-determine and also have autonomy without any abusive requirements,” said Letsike. “We need families, faith leaders, traditional authorities, and communities to rise together against hate. Our constitution must remain respected.”

Siphokazi Dlamini, a social justice activist, said LGBTQ rights should be respected, as enshrined in the constitution.

“It is terrible to even imagine that they face discrimination despite the fact that this has been addressed numerous times,” said Dlamini. “How are they different from us? Is a question I frequently ask people or why should they live in fear just because we don’t like the way they are and their feelings? However, I would get no response.”

Dlamini added people still live in fear of being judged, raped, or killed simply because of who they are.

“What needs to be addressed to is what freedom means,” said Dlamini. “Freedom means to have the power to be able to do anything that you want but if it doesn’t hurt other people’s feelings while doing it. There is freedom of speech, freedom from discrimination, freedom of expression, of thought, of choice, of religion, of association, and these needs to be practiced. It is time to take such issues seriously in order to promote equality and peace among our people, and those who do not follow these rules should be taken into custody.”

Van Der Schyf also said LGBTQ South Africans should have a place, such as an inquiry commission, that allows them to talk about the trauma they have suffered and how it influences their distrust of the government.

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Chile

Gay pharmacist’s murder sparks outrage in Chile

Francisco Albornoz’s body found in remote ravine on June 4

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Francisco Albornoz (Photo courtesy of Albornoz's Facebook page)

The latest revelations about the tragic death of Francisco Albornoz, a 21-year-old gay pharmacist whose body was found on June 4 in a remote ravine in the O’Higgins region 12 days after he disappeared, has left Chile’s LGBTQ community shocked.

The crime, which was initially surrounded by uncertainty and contradictory theories, has taken a darker and more shocking turn after prosecutors charged Christian González, an Ecuadorian doctor, and José Miguel Baeza, a Chilean chef, in connection with Albornoz’s murder. González and Baeza are in custody while authorities continue to investigate the case.

The Chilean Public Prosecutor’s Office has pointed to a premeditated “criminal plan” to murder Albornoz.

Rossana Folli, the prosecutor who is in charge of the case, says Albornoz died as a a result of traumatic encephalopathy after receiving multiple blows to the head inside an apartment in Ñuñoa, which is just outside of Santiago, the Chilean capital, early on May 24. The Prosecutor’s Office has categorically ruled out that Albornoz died of a drug overdose, as initial reports suggested.

“The fact that motivates and leads to the unfortunate death of Francisco is part of a criminal plan of the two defendants, aimed at ensuring his death and guaranteeing total impunity,” Folli told the court. “The seriousness of the facts led the judge to decree preventive detention for both defendants on the grounds that their freedom represents a danger to public safety.”

Prosecutors during a June 7 hearing that lasted almost eight hours presented conservations from the suspects’ cell phones that they say showed they planned the murder in advance. 

“Here we already have one (for Albornoz.) If you bring chloroform, drugs, marijuana, etc.,” read one of the messages.

Security cameras captured the three men entering the apartment where the murder took place together. 

Hours later, one of the suspects left with a suitcase and a shopping cart to transport Albornoz’s body, which had been wrapped in a sleeping bag. The route they followed to dispose of the body included a stop to buy drinks, potato chips, gloves, and a rope with which they finally descended a ravine to hide it.

Advocacy groups demand authorities investigate murder as hate crime

Although the Public Prosecutor’s Office has not yet officially classified the murder as a hate crime, LGBTQ organizations are already demanding authorities investigate this angle. Human rights groups have raised concerns over patterns of violence that affect queer people in Chile.

The Zamudio Law and other anti-discrimination laws exist. Activists, however, maintain crimes motivated by a person’s sexual orientation or gender identity are not properly prosecuted.

“This is not just a homicide, it is the cruelest expression of a society that still allows the dehumanization of LGBTQ+ people,” said a statement from Fundación Iguales, one of Chile’s main LGBTQ organizations. “We demand truth, justice, and guarantees of non-repetition.”

The Movement for Homosexual Integration and Liberation (Movilh), meanwhile, indicated that “since the first day the family contacted us, we have been in conversations with the Prosecutor’s Office so that this fatal outcome is thoroughly investigated, including the possible existence of homophobic motivations or components.” 

The investigation into Albornoz’s murder continues, and the court has imposed a 90-day deadline for authorities to complete it.

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Japan

Japan should end abusive detention conditions for transgender people

Mistreatment exacerbated by ‘hostage justice’ system

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Tomoya Asanuma (Photo courtesy of Tomoya Asanuma/Human Rights Watch)

Tomoya Asanuma, a prominent transgender activist in Tokyo, faced the triple abuses of Japan’s “hostage justice” system, hostile detention conditions, and mistreatment trans people face in the absence of meaningful legal protections. 

For Asanuma, March 14, 2024, was supposed to be another Thursday at work. At around 7 a.m., he woke up to the sound of someone repeatedly ringing his doorbell. Through the intercom, Asanuma saw three men wearing dark-colored clothes, this time pounding his front door. When he opened the door, the men identified themselves as police officers and showed him an arrest warrant.

This was the beginning of what Asanuma recently described to Human Rights Watch as being “difficult to put into words.” After Japanese police arrested him for sexual assault for allegedly hugging an acquaintance from behind, the authorities held him for months at a pre-trial detention center. 

During this time, they mocked his transgender identity during interrogation, denied him access to medical services such as dental care, and initially denied hormone treatment until he obtained a recommendation from a doctor.

While some authorities showed a level of consideration for Asanuma, including letting him shower away from other detained men, the abusive treatment he faced led him to attempt suicide twice.

Trans people in Japan are in legal limbo. Historically, they have faced outright discrimination — including a law compelling them to be surgically sterilized for legal gender recognition — and barriers to accessing education, employment, and health care. A landmark Supreme Court decision in 2023 declared the sterilization requirement unconstitutional, but reform has stalled in parliament — leaving trans people’s basic rights in limbo.

The courts finally granted bail to Asanuma in July 2024 and found him not guilty in January 2025. But in a country with a 99.8 percent conviction rate for indicted cases, Asanuma had to live through acute fear as authorities forcibly tried to obtain a confession from him during interrogations without the presence of his lawyer.

His fears are grounded in a justice system with a well-earned reputation for abuse and arbitrariness. His experience is part of systemic treatment in Japan called “hostage justice,” under which criminal suspects are detained for prolonged periods, sometimes months or years, unless they confess to the charges. This denies them the rights to due process and a fair trial. 

The authorities ultimately dropped the sexual assault allegations, but charged Asanuma with assault, which is punishable by up to two years in prison or up to a 300,000 yen fine ($2,000.) Prosecutors sought a 200,000 yen fine. Despite this, because he pleaded not guilty, a court rejected his request for bail four times and detained him for more than 100 days in pre-trial detention, punishing him disproportionately since the prosecutors did not even seek imprisonment for his alleged crime.

In Japan’s hostage justice system, authorities frequently subject suspects to harsh interrogations to coerce confessions from them during pre-indictment detention. Defense lawyers are not permitted to be present, and the questioning does not stop even when a suspect invokes their constitutional right to remain silent. Indeed, Asanuma invoked his right to remain silent, but authorities interrogated him for hours on 13 occasions. 

The case of Iwao Hakamata highlights the dangers of this practice. Hakamata, a former professional boxer, was arrested on Aug. 18, 1966, for murdering a family of four. Following harsh interrogations by the police and prosecutors, he confessed nearly a month later. Based on this coerced confession, Hakamata was indicted and subsequently convicted and sentenced to death. He maintained his innocence and was eventually acquitted — 58 years after his arrest — on Sept. 26, 2024, following a retrial.

To prevent further abuses and wrongful convictions spurred by the “hostage justice” system, the Japanese government should not as a general rule deny bail to suspects in pretrial detention, and should end interrogations without legal counsel that often involve coerced confessions through manipulation and intimidation.

The Japanese government should also improve the conditions under which suspects are being held, including by ensuring adequate access to all medical services, and revising the Notice Regarding Treatment Guidelines for Detainees with Gender Identity Disorder by specifying that hormone replacement therapy and other gender-affirming medical interventions are medically necessary and should be made available to all imprisoned people who want them.

“My case is just the tip of the iceberg, as there are others who are detained much longer,” Asanuma said. “I think this experience gave me a good reason to speak up even more for the rights of suspects going forward,” he added.

Teppei Kasai is a program officer for Japan at Human Rights Watch. 

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