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Gay Jamaican man challenges country’s anti-sodomy law

Jamaica Supreme Court to hear Javed Jaghai’s case on June 25

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Javed Jaghi, Jamaica, gay news, Washington Blade
Javed Jaghi, Jamaica, gay news, Washington Blade

Javed Jaghi is the first person to challenge Jamaica’s anti-sodomy law from within the country. (Photo courtesy of Maurice Tomlinson)

A Jamaican gay rights activist last week filed the Caribbean island’s first domestic challenge to its anti-sodomy law.

AIDS-Free World on Feb. 7 filed the complaint with the Jamaica Supreme Court on behalf of Javed Jaghai, who said his landlord kicked him out of his home because of his sexual orientation. The Dartmouth College graduate talked about his case in a Facebook post on Tuesday.

“It is a reminder that there is much more work to be done to achieve equality for gay Jamaicans,” Jaghai wrote. “We can sit patiently while our humanity is denied and wait for the paradigm to shift in a generation or two, or we can aggressively agitate for change now. I choose to do the latter.”

Those convicted under Jamaica’s anti-sodomy law, which dates back to 1864, face up to 10 years in prison with hard labor. Trinidad and Tobago, Barbados and St. Kitts and Nevis are among the 11 English-speaking Caribbean countries that continue to criminalize homosexual acts.

The U.S. State Department, Amnesty International and Human Rights Watch have all criticized the Jamaican government for not doing enough to curb anti-LGBT violence in the country.

Jamaican lawmakers in 2011 unanimously approved a new constitution that explicitly guaranteed the right to privacy for the first time. Although the anti-sodomy law remains in place, Jaghai’s lawyers maintain it’s now impossible to enforce it.

Maurice Tomlinson, a Jamaican lawyer with AIDS-Free World who fled his homeland last February after he received death threats following local media reports about his marriage to a Canadian man, told the Washington Blade the eventual outcome of Jaghai’s case could reverberate throughout the region.

The Dutch island of Saba remains the only jurisdiction in the Caribbean that allows gays and lesbians to tie the knot. Aruba, Bonaire, Curaçao, St. Eustatius and St. Maarten do not allow same-sex marriage, but the Netherlands requires them to recognize those performed within the country.

Tomlinson said Jaghai’s case could potentially have an impact on relationship recognition of same-sex couples in the Caribbean.

“That would be a long-term effect we expect,” he said. “Right now it’s to get the courts to acknowledge that at least in private same-gender loving individuals have the rights of everyone else.”

The court is expected to hear Jaghai’s case on June 25.

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South America

Lesbian couple dies after man sets Buenos Aires boarding house room on fire

Suspect has been charged with homicide

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(Washington Blade photo by Michael Key)

Two people died and at least five others were injured on Monday when a man threw a Molotov cocktail into the room of a Buenos Aires boarding house in which two lesbian couples lived.

The fire took place at around 1 a.m. in a house at 1600 Olavarría St., between Isabel la Católica and Montes de Ocoa in Buenos Aires’s Barracas neighborhood. The blaze forced roughly 30 people to evacuate, and the injured were taken to local hospitals.

Police say Justo Fernando Barrientos, 68, sprayed fuel and set fire to the room where Mercedes Figueroa, 52, lived together with Pamela Fabiana Cobas, 52, and Sofía Castro Riglos, 49, and Andrea Amarante, 42.

Figueroa and Cobas both died. Castro and Amarante are hospitalized at Penna Hospital in Buenos Aires.

Witnesses say the fire started on the second floor when Barrientos threw a Molotov cocktail inside the women’s room, and it soon spread throughout the property. LGBTQ organizations in Argentina have described the blaze as a hate crime because Barrientos had already threatened to kill the women because they are lesbians.

“We are in a rather complex context, where from the apex of power, the president himself and his advisors and downwards permanently instill a hate speech, instilling it when they close the (National Institute Against Discrimination, Xenophobia and Racism or INADI), stigmatizing the population that is there and the vulnerable groups,” Congressman Esteban Paulón, a well-known LGBTQ activist, told the Washington Blade.

“All this is generating a climate of violence,” he said. “The fact that it happened in the city of Buenos Aires, which is terrible … has to be investigated.”

Paulón said President Javier Milei’s government has installed in the public discourse speeches and actions against the LGBTQ community that have provoked more violence based on sexual orientation and gender identity. 

“All that is installed … and then there are people who fail to make a mediation of that, that fail to make a critical analysis of that and can end up generating an act of hatred like this, which is tragic and that already took the lives of two people,” he said.

The Argentine LGBT+ Federation on social media said it was looking for the victims’ families and friends, but has yet to be able to connect with them.

“We are going to stand by them, making ourselves available for whatever they and their families need, and we will closely follow the court case so that there is justice,” said the organization. “But we cannot fail to point out that hate crimes are the result of a culture of violence and discrimination that is sustained on hate speeches that today are endorsed by several officials and referents of the national government.”

100% Diversidad y Derechos, another advocacy group, demanded the investigation address the attack “with a gender perspective and as motivated by hatred towards lesbian identity.”

Barrientos has been arrested, and will be charged with murder. Activists have requested authorities add discrimination and hate provisions to the charges.

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Canada

Prominent Ugandan activist asks for asylum in Canada

Steven Kabuye stabbed outside his home on Jan. 3

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Steven Kabuye (Photo via X)

A prominent Ugandan activist who was stabbed outside his home earlier this year has asked for asylum in Canada.

Two men on motorcycles attacked Steven Kabuye, co-executive director of Coloured Voice Truth to LGBTQ Uganda, on Jan. 3 while he was going to work. 

Kabuye posted a video to his X account that showed him on the ground writhing in pain with a deep laceration on his right forearm and a knife embedded in his stomach.

He spoke with the Washington Blade from Kenya on Jan. 8 while he was receiving treatment. Kabuye arrived in Canada on March 6.

Kabuye during an April 27 telephone interview with the Blade from Canada said Rainbow Railroad, a group that works with LGBTQ and intersex refugees, helped him “get away from the dangers that were awaiting me in Kenya and Uganda.” Kabuye said he asked for asylum in Canada because he “cannot return to either Uganda or Kenya.”

“The Ugandan government fails to get the culprits who wanted to end my life,” he said.

Kabuye told the Blade that Ugandan police officials threaten his colleagues when he publicly speaks about his case.

“Every time I come up and demand for the police to act out, they end up calling the colleagues of mine that remain in Uganda and intimidate them so they can scare me off, so they can make me pack up and keep quiet,” he said.

Ugandan President Yoweri Museveni last May signed his country’s Anti-Homosexuality Act that, among other things, contains a death penalty provision for “aggravated homosexuality.” 

Canadian Foreign Minister Mélanie Joly described the law as a “blatant violation of human rights and fundamental freedoms of LGBTQ+ Ugandans.”

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.

“The previously concluded ruling did not make a difference,” said Kabuye.

Kabuye told the Blade he has an interview with Canadian immigration officials on Friday. He said he will continue to advocate on LGBTQ Ugandans from Canada. 

“I’m very grateful to Rainbow Railroad,” said Kabuye. “They’ve still given me a chance to continue my advocacy.”

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Middle East

Tel Aviv authorities cancel Pride parade

‘This is not the time for celebrations’

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Tel Aviv's 2023 Pride parade (Photo courtesy of Shlomi Yosef/Tel Aviv-Yafo Municipality)

WDG is the Washington Blade’s media partner in Israel. This article originally ran on their website on Wednesday.

Tel Aviv-Yafo authorities on Wednesday announced the cancellation of Tel Aviv’s annual Pride parade.

The municipality said it will instead hold a rally as a sign of pride, hope, and freedom.

The decision was made after municipality representatives consulted with LGBTQ community organizations, LGBTQ party promoters and venue owners in the city. Possible alternatives to the Pride parade were discussed. 

Mayor Ron Huldai in a post he published expressed the self-evident reasons for making the change.

“This is not the time for celebrations,” Huldai wrote. “In coordination with the organizations of the LGBTQ community, we decided that this year, instead of the Pride parade, we will hold a rally in Tel Aviv-Yafo as a sign of pride, hope, and freedom. 132 of our sons and daughters are still kidnapped in Gaza, the circle of bereavement is expanding every day, and we are in one of the most difficult periods of the State of Israel.”

“Tel Aviv-Yafo is the home of the LGBTQ community, it was and always will be,” he added. “Out of our great commitment to the community, this year we decided to divert part of the budget intended for the production of the Pride parade in favor of the activities of the ‘LGBTQ Center’ in Tel Aviv-Yafo. We feel the pain of the entire country, and at the same time we do not stop for a moment the fight for equality and freedom — for everyone and everything. See you at the Pride parade in June 2025.”

The coalition of LGBTQ community organizations welcomed the decision.

“We welcome the decision of the Tel Aviv Municipality not to hold the Pride parade as usual this year,” they said. “In these difficult days, when we are all in pain and grieving and when many of our brothers and sisters are not at home, either as evacuees from their homes or kidnapped in Gaza, and our hearts are not whole until they return. It is true that the Pride events will undergo adjustments to the times.” 

“Since time immemorial, the Pride parade in Tel Aviv, in contrast to the other parades and events throughout the country, has been a celebration of freedom, love, and equal rights and now, in these difficult days, it is important to continue to fight for a free and tolerant future even if we avoid the celebration,” they added. “Participation in the various Pride events around the country is more important than ever and we call on all members and members of the gay community and everyone who believes in a liberal, freer, and more just society to get out of the house and take part both in the rally in Tel Aviv and in the various events for the fight for equality and tolerance across the country.”

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