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U.S. provides support to LGBTQ groups in Ukraine, surrounding countries

Special envoy in regular contact with activists, groups

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Jessica Stern, the special U.S. envoy for the promotion of LGBTQ rights abroad, spoke with the Washington Blade on March 18 about Russia's invasion in Ukraine and its impact on the country's LGBTQ community. (Photo courtesy of OutRight Action International)

The special U.S. envoy for the promotion of LGBTQ rights abroad on Friday said she and her office continue to provide support to advocacy groups in Ukraine and in countries that border it.

Jessica Stern told the Washington Blade during a telephone interview that she has held “multiple roundtables” with Ukrainian activists and organizations “to make sure that my office and I both have the relationships and then getting information directly from people on the frontlines.” Stern also noted she has also spoken with LGBTQ rights organizations in Poland, Hungary and other countries that “would be receiving LGBTQI Ukrainian refugees” and regional and international groups “that are closely monitoring and supporting LGBTQI Ukrainians in this incredibly difficult time.”

“The first and most important thing that the U.S. has been doing has been establishing contact with people who are advocating for and servicing LGBTQI Ukrainians, and then in all instances, trying to find ways to support them,” said Stern. “One of the things that’s been really important has been to identify the sort of patterns of human rights abuses, violations and vulnerability that they’re tracking that we need to be aware of.”

Stern said the State Department has “activated” its grant mechanisms to provide financial support to LGBTQ organizations in Ukraine and in surrounding countries.

“One of the things we’ve been focused on has been ensuring that LGBTQI Ukrainian organizations and LGBTQI organizations in the surrounding countries have the financial resources to provide emergency support to this population that finds itself facing double and triple discrimination,” she said.

Stern told the Blade a “top priority” is to ensure that humanitarian assistance to Ukraine “is distributed without discrimination.”

“One of the message that my office has been conveying and with working with others at the State Department to convey is that LGBTQI Ukrainian refugees are at heightened risk and that they should be supported and that anyone providing humanitarian assistance should actually be on the watch for instances of discrimination or violence they may be subjected to.”

Stern said her office has not received “too many stories of (discrimination) incidents, but we have to been able to sound the alarm.”

“The institutions and partners, we work with have been taking that seriously,” she said.

Russian airstrike kills Kharkiv activist

Stern spoke with the Blade less than a month after Russia launched its invasion of Ukraine.

A Russian airstrike in Kharkiv, Ukraine’s second-largest city that is less than 30 miles from the Russian border in the eastern part of the country, on March 1 killed Elvira Schemur, a 21-year-old law student who was a volunteer for Kharkiv Pride and Kyiv Pride. A group of “bandits” on the same day broke into the Kyiv offices of Nash Mir, an LGBTQ rights group, and attacked four activists who were inside.

“The case of Nash Mir was really horrific and really demonstrated the kind of opportunistic violence that LGBTQI persons, human rights defenders and organizations can be subject to right now by both state and non-state actors,” said Stern.

Stern told the Blade that activists have also said many transgender and gender non-conforming Ukrainians have decided to remain in the country because they cannot exempt themselves from military conscription.

“What I’ve been told is that many trans and gender non-conforming Ukrainians are sheltering in place, and even in some cases staying in places where they are at risk of being attacked by missiles and bombs and definitely in harm’s way simply because they’re concerned that they don’t have a way of being exempted from military conscription,” she said.

Stern cited the case of a trans man who tried to leave Ukraine and “in an effort to prove who he was, who he said he was, he was actually forced to remove his shirt and show his chest” at the border.   

“Unfortunately, that’s not the only humiliating and potentially violent incident that I’m hearing us,” she said.

Stern expressed concern about safety of gay men who are conscripted into the Ukrainian armed forces. Stern also noted “all women are at risk in times of war and conflict.”

“There’s absolutely a concern about the safety and well-being of lesbian and bisexual and trans and intersex women,” she said.

Challenges for LGBTQ Ukrainians ‘will be enormous’

Stern told the Blade the State Department is “working to provide as much support as possible for all Ukrainians that want to leave the country.”

She noted many LGBTQ activists in Ukraine with whom she spoke immediately after the invasion began said they did not want to leave. Stern acknowledged some of them have now fled the country.

“The invasion has just been so violent that even the most committed activists that people we both know have had to change their strategy,” said Stern. “So, in every instance where I’m hearing of an individual or a group that is at risk and wants to leave, we’re doing everything we can to help give them the support they need.”

“Most people do not become refugees,” she added. “You know, most people cannot leave … the global community should do everything we possibly can to affirm the human rights and provide support for Ukrainian refugees.”

President Biden shortly after he took office issued a memorandum that committed the U.S. to promoting LGBTQ rights around the world.

Ukrainian President Volodymyr Zelenskyy last November pledged his country would continue to fight discrimination based on sexual orientation and gender identity after he met with Biden at the White House.

Letters that Congressional LGBTQ+ Equality and Ukraine Caucuses sent to Secretary of State Antony Blinken on the eve of the invasion noted Ukraine in recent years “has made great strides towards securing equality for LGBTQ people within its borders and is a regional leader in LGBTQ rights.” These advances include a ban on workplace discrimination based on sexual orientation and gender identity and efforts to protect Pride parades.

Stern reiterated the challenges for LGBTQ people inside Ukraine “will be enormous” as the conflict drags on.

“In all war and conflict, anyone who is vulnerable and vulnerable before the conflict remains at heightened risk and even becomes at greater risk,” she said. “Where people have access to weapons and LGBTQI people are unsafe. In a context where the rule of law is weak, LGBTQI people are at risk as the Nash Mir case showed us immediately.”

“I’m very worried that discrimination and violence will rise for LGBTQI people in Ukraine,” added Stern. “I’m extremely concerned that the track record from the Russian government on these issues is a harbinger of danger for LGBTQI Ukrainians in Russian occupied parts of the country.”

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Bulgaria

Top EU court issues landmark transgender rights ruling

Member states must allow name, gender changes on ID documents

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(Photo by nito/Bigstock)

The European Union’s highest court on Thursday ruled member states must allow transgender people to legally change their name and gender on ID documents.

The EU Court of Justice in Luxembourg issued the ruling in the case of “Shipova,” a trans woman from Bulgaria who moved to Italy.

“Shipova” had tried to change her gender and name on her Bulgarian ID documents, but courts denied her requests for nearly a decade.

A ruling the Bulgarian Supreme Court of Cassation issued in 2023 essentially banned trans people from legally changing their name and gender on ID documents. Two Bulgarian LGBTQ and intersex rights groups — the Bilitis Foundation and Deystvie — and ILGA-Europe and TGEU – Trans Europe and Central Asia supported the plaintiff and her lawyers.  

“Because her life in Italy also depended on her Bulgarian documents, the lack of documents reflecting her lived gender creates an obstacle to her right to move and reside within EU member states,” said the groups in a press release. “This mismatch between her gender identity and expression and her gender marker in her official documents leads to discrimination in all areas of life where official documents are required. This includes everyday activities such as going to the doctor and paying for groceries by card, finding employment, enrolling in education, or obtaining housing.” 

Denitsa Lyubenova, a lawyer with Desytvie, in the press release said the case “concerns the dignity, equality, and legal certainty of trans people in Bulgaria.” TGEU Senior Policy Officer Richard Köhler also praised the ruling.

“Today, the EU Court of Justice has taken an important step towards a right to legal gender recognition in the EU,” said Köhler. “Member states must allow their nationals living in another member state to change their gender data in public registries and identity cards to ensure they can fully enjoy their freedom of movement. National laws or courts cannot stand in their way.” 

“Thousands of trans people in the EU are breathing a sigh of relief today,” added Köhler.

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Senegal

Senegalese lawmakers approve bill to further criminalize homosexuality

A dozen men arrested in February for ‘unnatural acts’

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(Image by xileodesigns/Bigstock)

Senegalese lawmakers on Wednesday approved a bill that would further criminalize consensual same-sex sexual relations in the country.

The Associated Press notes the measure that Prime Minister Ousmane Sonko introduced in February would increase the penalty for anyone convicted of engaging in consensual same-sex sexual relations from one to five years in prison to five to 10 years. The AP further indicates the bill would prohibit the “promotion” or “financing” of homosexuality in the country.

The bill passed with near unanimous support. Only three of 135 MPs abstained.

President Bassirou Diomaye Faye is expected to sign the measure.

The National Assembly in 2021 rejected a bill that would have further criminalized homosexuality in Senegal.

Senegalese police last month arrested a dozen men and charged them with committing “unnatural acts.”

Volker Türk, the U.N. high commissioner for human rights, in a statement described the bill as “deeply worrying.”

“It flies in the face of the sacrosanct human rights we all enjoy: the rights to respect, dignity, privacy, equality and freedoms of expression, association, and peaceful assembly,” he said.

Türk also urged Faye not to sign the bill.

“I urge the president not to sign this harmful law into effect, and for authorities to repeal the existing discriminatory law and to uphold the human rights of all in Senegal, without discrimination,” said Türk. 

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Malaysia

Malaysia blocks access to Grindr, other gay dating websites

Restrictions part of continued anti-LGBTQ crackdown

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(Image by Flogel/Bigstock)

Malaysia has blocked access to Grindr, Blued, and other gay dating websites, and is now considering further steps to restrict their mobile application. 

Communications Minister Fahmi Fadzil on Feb. 25 said the government is pursuing legal measures to curb the availability of LGBTQ dating apps on Google’s Play Store and Apple’s App Store.

Fadzil, in a written parliamentary reply, said the Malaysian Communications and Multimedia Commission has not received any requests to remove the mobile versions of Grindr and Blued from app stores, noting the challenges of regulating platforms owned by foreign companies.

“Control over applications on platforms such as Google Play and Apple Store is subject to regulations and policies set by the said platform providers, since both applications are owned by foreign companies operating outside of Malaysia,” Fadzil said. “This includes those that spread lewd or immoral content, exploitation, abuse, scams, exploiting children or threats towards public safety.”

Fadzil was responding to a question about whether the Malaysian Communications and Multimedia Commission had worked with app store providers to block downloads of such apps.

The Washington Blade reached out to Google and Apple multiple times for comment but did not receive a response.

Malaysia has stepped up digital restrictions targeting the LGBTQ community as part of a broader crackdown on what authorities describe as “deviant” or immoral content. Consensual same-sex sexual relations remain criminalized in the country under both civil and Sharia law.

Malaysia has proposed a Cyber Crime Bill that would expand the government’s legal powers to address the misuse of digital platforms, including the promotion of same-sex dating applications, Deputy Prime Minister Ahmad Zahid Hamidi said. The bill would replace the Computer Crimes Act of 1997.

“We are disappointed in the decision to block access to Grindr in Malaysia and believe that online platform regulation should be proportionate and consistent with international human rights law,” a Grindr spokesperson told the Blade in an email. 

“At Grindr, our mission is to help make a world where the lives of our global community are free, equal, and just,” added the spokesperson. “For many of our users, Grindr is often the primary way for them to connect, express themselves, and discover the world around them. In addition to serving as an important source of information, Grindr is committed to advancing the health and well-being of the community around the world and through our social impact initiative, Grindr for Equality, we partner with hundreds of advocates, community-based organizations, and public health agencies to support the global LGBTQ+ community.”

Grindr, based in California, is popular around the world. Blued, a China-based app that BlueCity operates, is one of the world’s largest social networking and dating platforms for gay men.

Blued did not respond to the Blade’s request for comment.

Online platforms ‘critical for LGBTQ people’

Malaysian authorities in May 2023 raided Swatch stores at shopping malls across the country and confiscated more than 160 rainbow-colored watches from the company’s Pride collection, saying the designs carried “LGBT connotations.” The raids, which the Home Affairs Ministry carried out, were widely criticized by advocacy groups.

Police last June opened an investigation into a closed-door LGBTQ sexual health workshop. 

Selangor police chief Hussein Omar Khan said authorities were examining the event under the Penal Code for allegedly causing “disharmony or ill will” on religious grounds, as well as under the Communications and Multimedia Act, a law frequently used to police online speech. Critics said the investigation reflected growing government overreach and warned against the criminalization of public health initiatives aimed at marginalized communities. Activists cited this case as another example of Prime Minister Anwar Ibrahim’s crackdown on LGBTQ rights.

The Home Affairs Ministry in November 2020 banned the book “Gay Is OK! A Christian Perspective,” written by Pastor Oyoung and published by Gerakbudaya in 2013, saying it was likely to be “prejudicial to public order, morality and the public interest.” The Kuala Lumpur High Court later overturned the ban and ordered the respondents — then-Home Affairs Minister Hamzah Zainudin and the Malaysian government — to pay costs of 5,000 Malaysian ringgit ($1,276.81.)

A 2014 Human Rights Watch report documented widespread discrimination and abuse against transgender women in the country. 

The report found that trans people face arrests under laws that effectively criminalize “cross-dressing,” along with harassment and abuse by police and religious authorities. It also described systemic discrimination in employment, health care, and education, leaving many trans women marginalized and vulnerable to violence and exploitation.

Thilaga Sulathireh, a founding member of Justice for Sisters, a Malaysian trans rights group, said restrictions on LGBTQ people’s freedom of expression through censorship have been an ongoing trend in Malaysia over the past decade. 

Sulathireh said there have been increasing calls to curb what critics describe as “LGBT normalization” in films, books, and social media, which activists link to what they say is a harmful and inaccurate perception that LGBTQ people are immoral. Sulathireh added Grindr had been blocked in Malaysia for several years and that, as of last weekend, the app was no longer available on Google Play and the Apple App Store. Sulathireh said Justice for Sisters views the move as a serious violation of LGBTQ people’s rights to nondiscrimination, dignity, privacy, and freedom of expression.

“The blocking of LGBTQ related apps is part of the on-going and increasing trend of state sponsored discrimination against LGBTQ people in Malaysia,” Sulathireh told the Blade in an email. “In late February, the deputy minister in the prime minister’s (Religious Affairs) Department announced that the government is opting to replace references to LGBT persons with the term “budaya songsang” (deviant culture) and encouraged others to do the same to avoid LGBT normalization in all spaces, including social media. At the same time, called on members of the public to immediately report ‘suspicious activities, events or content.’”

Sulathireh told the Blade a deputy minister recently outlined a range of government-led initiatives targeting LGBTQ people in Malaysia. 

According to Sulathireh, these include so-called “spiritual guidance camps.” Sulathireh said some participants, including those who identify as “ex-LGBT” or part of the “hijrah” community, have been encouraged to act as peer educators to reach other LGBTQ people. 

Additional initiatives the deputy minister listed include academic Islamic conferences, state-level sermons coordinated by the state Islamic councils, and mosque-level programs. Sulathireh told the Blade the government presented a paper to the Council of Rulers outlining what officials described as the negative implications of legal gender recognition. Sulathireh said authorities have also established a multiagency committee to address issues involving Muslim LGBTQ people, promoted what they call “psychospiritual therapy,” and worked with police and the Communications and Multimedia Commission to monitor the promotion of LGBTQ-related activities online.

“The blocking of these apps and websites severely impacts all areas of LGBTQ people’s lives,” said Sulathireh. “These platforms have proven critical for LGBTQ people to find support, communities, access life-saving resources, information and services, love and intimacy. I think being able to find love, intimacy and connections is critical for LGBTQ’s self-acceptance, self-worth, health, and well-being.” 

“The blocking makes it even more challenging for people to connect safely online and offline,” added Sulathireh. “People will become more isolated and all of these have a severe impact on LGBTQ’s mental health and well-being, which is already poor.”

Sulathireh said Justice for Sisters research and observations indicate many LGBTQ people in Malaysia already experience social media and digital spaces as hostile environments. As a result, many limit their use of these platforms and adopt higher levels of self-censorship. Sulathireh added the recent bans targeting LGBTQ visibility on digital platforms are also unfolding alongside a broader policy push to restrict social media access for children under 16.

“The state sponsored LGBTQ discrimination over the years has resulted in increasing discrimination by non-state actors and anti-rights groups with impunity,” Sulathireh said. “This ban will further entrench the culture of impunity against LGBTQ people.”

Nalini Elumalai, senior Malaysia program officer at ARTICLE 19, an international freedom of expression organization, said the blocking of dating apps is not occurring in isolation but is happening under the guise of public morality, digital censorship, and the enforcement of laws that undermine the rights of LGBTQ individuals in Malaysia. 

Elumalai noted that Deputy Religious Affairs Minister Marhamah Rosli recently urged the public to refrain from using the term “LGBT” and instead describe it as “deviant culture” in an effort to combat normalization and reduce LGBTQ-related content on social media. Elumalai said blocking Grindr and Blued represents an ongoing attack on the LGBTQ community, particularly their rights to freedom of expression, access to information, and to be treated equally before the law without discrimination — protections guaranteed under Articles 8 and 10 of Malaysia’s Federal Constitution. 

“The blocking of LGBTQI+ dating platforms appears to reflect a broader pattern in Malaysia where LGBTQI+-related expression and activities face heightened scrutiny and repression, particularly when they become visible online,” said Elumalai in a statement to the Blade.

Elumalai noted JEJAKA, a community-based organization had to cancel their “Glamping with Pride” event that was to have taken place on Jan. 17-18 because of safety concerns after it received death threats on social media.

“Ongoing repression of LGBTQI+ expression will further entrench systemic discrimination against marginalized groups, normalise inequality, and perpetuate division and hostility among the people in Malaysia,” said Elumalai. “Further, when one group is punished or prevented from expressing themselves freely online, others, including various online platforms, may also self-censor out of fear that they too could face scrutiny or penalties, even for legitimate expressions.”

The Malaysian Communications and Multimedia Commission has not responded to the Blade’s request for comment.

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