World
Out in the World: LGBTQ news from Europe and Asia
South Korea court upheld criminalization of same-sex relations in the military
South Korea
This past week on Oct. 27, the second highest court in South Korea upheld an earlier ruling for the fourth time, the Military Criminal Act, that criminalizes same-sex relations in the military.
The Constitutional Court of South Korea, in a 5-4 vote, ruled that article 92-6 of the military criminal act was constitutional. Justices in their ruling stated that same-sex activities might undermine discipline and harm the combat capabilities of the military. Same-sex activities between civilians however, is not a crime.
Article 92-6 of the Military Criminal Act (“Article 92-6”) provides that a person who commits anal intercourse or any other indecent act with “a military person” shall be punished by imprisonment for not more than two years.
Human rights activists have noted that the South Korean military has invoked Article 92-6 to punish sexual acts between male servicemen with sentences of up to two years in prison — regardless of whether the acts were consensual or whether they happened within or outside of military facilities.
Several of South Korea’s allies including the U.S. and the U.K. have repealed provisions similar to Article 92-6 of the Military Act of South Korea in order to align with international obligations to protect against the discrimination of LGBTQ people.
The executive director of the Center for Military Human Rights Korea, which provides legal assistance to soldiers including those accused of breaking the anti-sodomy law, Lim Tae-hoon said the decision was “absurd, illogical, regressive and driven by prejudice.
“While the world has been making progress in abolishing discrimination against minorities over the past 20 years, the minds of the judges have not advanced even a single step,” he added.
Lim pointed out that: “this law can be abused at any time to harass many sexual minority soldiers due to their sexual orientation. In addition, among the constitutional appeal cases supported by the Military Sexual Violence Counseling Center affiliated with the Military Human Rights Center, there is one case in which the military prosecutors believed the words of the perpetrator of same-sex sexual violence and suspended indictment by claiming that the sexual intercourse was consensual with the victim.
“The perpetrator was sentenced to three years in prison by the final ruling of the Supreme Court and is currently serving his sentence. Constitutional Court judges argue that the law of indecent assault should remain in place to protect victims of same-sex sexual violence in the military, but in reality, it is being abused as a means of imprisoning and punishing victims. Without understanding how the world works or how the law operates, they were caught up in prejudice and stubbornness and made regressive decisions.”
Japan
Last week on Oct. 25, Japan’s highest court ruled in a unanimous decision that the country’s law mandating sterilization surgery for transgender people as a requirement for legal gender recognition was unconstitutional.
In the ruling, the 15 justices wrote: “Being forced to undergo sterilization surgery … constitutes a significant constraint on freedom from invasive procedures” in violation of the Japanese Constitution.
Human Rights Watch Japanese Director Kanae Doi noted that since 2004, trans people in Japan who want to legally change their gender must appeal to a family court. Under the Gender Identity Disorder Special Cases Act, applicants must undergo a psychiatric evaluation, be surgically sterilized, and “have a physical form that is endowed with genitalia that closely resemble the physical form of an alternative gender.” They also must be single and without children who are younger than 18.
In May 2023, the Supreme Court ruled in favor of the right of a trans woman government employee to use the restrooms in accordance with her gender identity. In November 2022, the government in Japan’s Kanagawa prefecture awarded another trans woman workplace compensation after recognizing her depression was the result of harassment she faced from her supervisor.
Earlier this month, a local family court ruled in favor of a trans man, Gen Suzuki, who requested to have his gender legally changed without undergoing the surgery, the BBC reported.
The family court judge, Takehiro Sekiguchi, said the current law violated Article 13 of the constitution that stipulates all people shall be respected as individuals.
According to the Japanese government’s statistics, sexual minorities (LGBTQ) make up for 3 to 8 percent of the population and that at most, the statistics estimate that around 0.7 percent of the population is trans.
They are an overwhelming minority. The overwhelming majority of people do not know about trans people, and various prejudices are widespread.
The “LGBT Understanding Promotion Act,” which was passed by the Japanese Parliament in June 2023, includes the sentence “we will take care to ensure that all citizens can live their lives with peace of mind,” but according to Japanese trans activist Aya Nishida, the background to this is “If you say you are a woman at heart, you are a man. This is because some people have discriminatory views such as, “If transgender people’s human rights are recognized, women’s human rights will be threatened.”
Nishida provides training on the human rights of trans people to local governments, about issues surrounding trans people.
While the Supreme Court has ruled against the sterilization requirement, it has asked a lower court to review the requirement to have “genitalia that closely resemble the physical form of an alternative gender.”
As of Oct. 1, 26 local governments in at least 12 prefectures across the country have enacted ordinances that codifies the prohibition of “outing,” which is the act of disclosing a person’s sexual orientation or gender identity without their consent.
According to a study conducted by the Research Institute of Local Government in Tokyo, these efforts highlights that some municipalities have made to protect the human rights of LGBTQ people since passage of the Act to Promote Understanding of LGBT and Other Sexual Minorities by Parliament this past June. That does not explicitly prohibit acts such as outing.
According to human rights groups and LGBTQ advocacy organizations, outing constitutes a serious human rights violation and it was defined as a form of abuse of power in the guidelines for legislation.
The Kyodo News reported that in July this year, it was disclosed that a man had been deemed eligible for compensation from his employer by a Tokyo labor office last year after his boss revealed he was gay without his consent, but the current law is limited in scope to the workplace.
The harmful consequences of outing hit the national consciousness in 2015, when a graduate student of Hitotsubashi University in Tokyo died after plunging from a school building in an apparent suicide after being outed as gay.
In the wake of that incident, the city of Kunitachi, which hosts the university, became the first local government to enforce an ordinance banning the outing of LGBTQ people in April 2018.
In a statement to media outlets in Japan, Yuichi Kamiya, the executive director of the LGBT Law Federation said:
“Outing is considered harassment and must be prevented in the workplace, but there are no laws in place for other settings such as schools and medical care, so it is difficult to know what constitutes it and what specific details are required. There is still not widespread understanding of how to respond.
It is important to clearly state the prohibition in ordinances, and it can also lead to public awareness, prevention and relief in the event of damage. The more discriminatory the environment surrounding the person concerned, the greater the impact of outing. Further awareness is needed in each field to prevent further damage. When someone comes out, the first thing you should do is ask them who they can talk about and how much they can talk about. If you have any concerns, please consult with a specialist who respects confidentiality obligations.”
Currently, none of the ordinances passed across Japan have criminal law penalties.
Hungary
The far-right anti-LGBTQ government of Hungarian Prime Minister Viktor Orbán has banned children under the age of 18 from visiting the World Press Photo exhibition Hungarian National Museum in Budapest, citing LGBTQ content in some of the photos.
Since taking power, Orbán and his ruling party have waged an unceasing campaign to restrict the rights of LGBTQ Hungarians. In July 2021, the government passed a law that bans the promotion of homosexuality and sex-reassignment surgery to minors in the country.
This past summer Hungary’s second-largest bookstore chain was fined for violating the 2021 law that limits the access of minors to books, media content and advertisements that “promotes or portrays” the so-called “divergence from self-identity corresponding to sex at birth, sex change or homosexuality.”
The chain was fined for selling copies of British author Alice Oseman’s LGBTQ graphic novel series “Heartstopper,” a global phenomena due to the runaway hit Netflix show based on her books in the series.
According to the interpretation of the Háttér Society, a Hungarian organization focused on LGBTQ rights, a parent could break the law solely by buying a child a young adult novel that features an LGBTQ character.
Reuters reported that this past Saturday, the museum stopped selling tickets for the photo exhibition for youngsters after the far-right Our Homeland party had initiated a government inquiry, the party said.
“Based on the initiative of Mi Hazank, youngsters under 18 cannot visit the exhibition at the National Museum as it violates the child protection law,” the far-right party told state news agency MTI. The new rule was posted on the museum’s website later on Saturday.
Neither the museum nor the Our Homeland party responded to requests for comment.
The Vatican
The month-long conference held in the Paul VI Hall at the Vatican regarding the future of the world-wide Roman Catholic Church ended on Saturday, without a clear course of action for the church on the issues of ordaining women as deacons or the treatment and care for its LGBTQ members.
The gathering, known as a Synod of Bishops, followed an unprecedented two-year canvassing of rank-and-file Catholics. The 365 synod participants included 300 bishops along with lay men and about 50 women who were mostly lay people, Reuters reported.
At the synod, the pope gave women and lay people a vote on church affairs for the first time. The participants meet for a final session in a year, then the pope will write a document on issues facing the church.
A 41-page report, approved and published Saturday at the close of the conference, called for the results of earlier papal and theological commissions on women deacons to be presented for further consideration at the next assembly of the Synod of Bishops, to be held in October 2024.
The report, titled “A synodal church in mission,” did not take a stand on LGBTQ issues despite discussion beforehand that the synod might call on the church to be more welcoming to the LGBTQ community, Reuters reported.
During a press briefing after the publication of the final report, Cardinal Mario Grech, who heads the Vatican’s synod office, on a question regarding LGBTQ Catholics, said that the assembly felt a need to “respect everyone’s pace.” He added: “It doesn’t mean if your voice is stronger it will prevail.”
Jesuit Fr. James Martin, a popular spiritual author and editor of the LGBTQ Catholic publication Outreach who took part in the synod as a voting member, told the National Catholic Reporter he was “disappointed but not surprised” by the result for LGBTQ Catholics.
“There were widely diverging views on the topic,” said Martin. “I wish, however, that some of those discussions, which were frank and open, had been captured in the final synthesis.”
United Kingdom
Crispin Blunt, the openly gay Conservative MP for Reigate was arrested in connection with an allegation of rape and possession of a controlled substance earlier this month at his home in Horley by the Surrey Police.
Blunt, served for two years as a justice minister and two years as chair of the Foreign Affairs Committee in the House of Commons, publicly came out as gay in 2010, announcing that he had separated from his wife and was “coming to terms with his homosexuality.”
British media outlet The Telegraph reported Blunt claimed in a statement that Surrey Police had begun an investigation three weeks ago when he reported “concerns over extortion.” The Conservative Party confirmed on Thursday night the 63-year-old has been stripped of the party designation, effectively meaning he has been expelled from the Conservative Party. He will now sit in the House of Commons in Parliament as an Independent member.
Taking to X, formerly Twitter, Blunt posted a statement saying, “The fact of the arrest requires a formal notification of the speaker and then my chief whip.
I have now been interviewed twice in connection with this incident, the first time three weeks ago, when I initially reported my concern over extortion. The second time was earlier this morning under caution following arrest.”
“The arrest was unnecessary as I remain ready to cooperate fully with the investigation that I am confident will end without charge,” Blunt continued. “I do not intend to say anything further on this matter until the police have completed their inquiries,” he added.
The Welsh government appears to be setting itself on a potential collision course with Prime Minister Rishi Sunak’s government after the leak of a draft of the Welsh government’s Gender Quotas Bill Sunday evening, which would allow people to self-identify their gender when running for the Welsh Parliament.
The Telegraph reported that the bill proposes plans for a gender-balanced Parliament by having set equal quotas for male and female political candidates. Under this draft bill, the definition of a woman will be updated, so that the female quota of party candidates running for office may include trans women.
The definition further stated that trans meant “a person who is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning [their] sex to female by changing physiological or other attributes of sex.”
Reaction from transphobic opponents included an outspoken “gender critical” leader, Cathy Larkman from Women’s Rights Network Wales, who said in an emailed statement:
“We know from bitter experience that Welsh government is not listening to the concerns of women in Wales. We, along with other groups, have been shut out time and again. Unfortunately, the reasons for this are now apparent.
The government is now intent on driving a highly contested ideological agenda and this is clearly their first step. It is astonishing that the government is spending public funds and using a Gender Quotas Bill to promote an agenda which undermines the rights of half the population of Wales.
It is shameful that they are high-jacking legislation that should benefit women and increase female participation in political life, to embed a toxic and misogynistic ideology. We believe that the intention of the Welsh government is to introduce gender self-identification and put it on a statutory footing.
We believe this is the first step towards a full self-ID bill which would have serious implications for women and girls in particular as it would impact on single-sex services and spaces such as changing rooms, intimate care, hospital wards and domestic violence services.
It is unforgivable that the first minister and his government, aided and abetted by Plaid Cymru [a political party] intend to betray the women of Wales in this underhand way.”
PinkNewsUK noted that this bill echoes a similar plan put forward by the Scottish government in January that would have made it easier for people to legally change their gender, which was blocked by the UK government.
The leak has had a mixed response from the public. While the trans community and its advocates are pleased with the progressive step forward, anti-trans hate groups and so-called women’s rights groups are up in arms.
Commenting on the leaked bill, a spokesperson for the Welsh government told the Telegraph that it did not represent the latest version of the Gender Quotas Bill, though they did not say whether that had to do with the redefinition of women.
“Our proposed model for quotas is designed to maximize the chances of achieving a Senedd comprised of at least 50 percent women. Work is ongoing on the bill,” said the spokesperson.
The first minister of Wales, Mark Drakeford, has been a longtime defender of trans rights, and has repeatedly shared his pro-trans beliefs in Parliament, PinkNewsUK also reported.
Additional reporting by the Kyodo News, the BBC, Reuters, Agence France-Presse, the Telegraph and PinkNewsUK
World
Out in the World: LGBTQ news from Europe and Asia
Nonbinary Swiss singer Nemo won this year’s Eurovision
EUROVISION
Swiss singer Nemo won the Eurovision Song Contest with their operatic pop-rap song “The Code” about their journey to accepting their nonbinary identity.
“I went to hell and back, to find myself on track, I broke the code,” Nemo sang in the chorus of their winning song.
Dressed in a frilly pink blouse and miniskirt, Nemo dazzled the audience at the Malmö Arena in Sweden, home to last year’s winner, Loreen.
Nemo’s win is the first win for Switzerland since Canadian singer Celine Dion competed under the Swiss flag in 1988.
The Eurovision Song Contest is an annual competition held by the European Broadcasting Union since 1956, in which representatives of all member states present original songs. The entrants are voted upon by a panel of judges and by viewing audiences, who award points to their 10 favorite performances.
Over the years, the competition has become well-known as a camp spectacle and a favorite event for the European LGBTQ community, with many high-profile queer competitors and winners, including Austrian drag queen Conchita Wurst, who returned to this year’s show to perform a tribute to ABBA, who won the competition for Sweden with the song “Waterloo” in 1974.
This year’s UK entrant was nonbinary performer Olly Alexander, formerly of the band Years & Years. Their song “Dizzy,” a homoerotic pop-dance track that featured a quartet of dancing boxers, finished in 18th place with only 46 points, after receiving no points from the voting audience.
This year’s competition was not without controversy.
The venue was met with a large protest demanding that Israel, which has competed in Eurovision since 1973, be removed from the competition due to the ongoing war in the Gaza Strip. Additional security measures were put in place for the competition
Israel’s entrant, Edan Golan, had been a favorite early in the competition, but her song “Hurricane” finished fifth. The song had also drawn controversy, and Golan was ordered to change the title and lyrics by the EBU from “October Rain” due to its references to the Oct. 7 attacks on Israel.
Golan travelled with agents of the Israeli Security Agency Shin Bet after death threats were made on her social media.
Additionally, Dutch performer Joost Klein was disqualified ahead of the final competition after an alleged altercation with a female production staffer that has led to a police investigation.
UNITED KINGDOM
Actor Ian Gelder, best known for his role as Kevan Lannister in the HBO series “Game of Thrones,” has passed away at age 74, five months after he was diagnosed with an aggressive form of cancer.
Gelder’s husband, Ben Daniels, announced his passing in a post on Instagram on Tuesday.
“It is with huge, huge sadness and a heavy heart broken into a million pieces that I’m leaving this post to announce the passing of my darling husband and life partner Ian Gelder,” Daniels wrote in the caption of a photo taken of the couple at Christmas, shortly after Gelder’s first round of treatment for his cancer.
“He was my absolute rock and we’d been partners for more than 30 years. If we weren’t together, we spoke to each other every day. He was the kindest, most generous spirited, and loving human being. He was a wonderful, wonderful actor and everyone who worked with him was touched by his heart and light,” Daniels wrote.
Gelder was diagnosed with bile duct cancer in December. Such cancers are often not detected by health care providers until they have spread to other parts of the body.
Gelder had a long career in film and television and on the British stage, frequently appearing in London’s West End and Shakespeare’s Globe Theatre.
Among his numerous television appearances was a stint on the “Doctor Who” spinoff “Torchwood,” and the celebrated UK sitcom “Absolutely Fabulous.”
POLAND
Declaring that she would “go to hell and make a deal with the devil” to advance the rights of Poland’s LGBTQ community, Equalities Minister Katarzyna Kotula joined the Equality March in Łódź, the country’s fourth-largest city, on May 11.
The march was the 13th edition of the event, and the first time it had been attended by a government minister.
Last year, Poland elected a new government coalition of center-left leaning parties that have pledged to support LGBTQ rights, a sharp contrast to the right-wing, LGBTQ-hostile government that preceded them.
Still, the government has been slow to act on its stated promises to the LGBTQ community, including a law on civil unions, a ban on hate speech, and a gender recognition act, amid squabbling from more conservative members of the coalition.
Kotula has said that she’s waiting to introduce the civil union bill until she can get agreement from the coalition on key sticking points, including adoption rights.
“For civil partnerships, for marriage equality, for the Gender Reconciliation Act, for dignity and human rights for the LGBT community, I will go to hell and make a pact with the devil. I promise that when we meet here next year, at least some of these demands will be implemented,” Kotula said at the march. “I will do everything to take care of your dignity and your safety.”
The organizers of the march, the Equality Factory, are calling for even greater rights, including full marriage equality, abortion and contraception rights, comprehensive sex education in schools, and facilitation of medical treatment for gender transition.
“We are marching because words about equality cannot be thrown around. We are not a bargaining chip. We were promised something and the election promises should be fulfilled. The most important requirement to be implemented is the act on civil partnerships. This is not only about LGBTQ+ people, but also about protecting heterosexual people in relationships, because there is no such thing as cohabitation in Polish law. This should be important for all Poles,” Ida Mickiewicz-Florczak from the Equality Factory told the Polish news site Odaka.
Even if the civil partnership law passes through Parliament, it may face a veto from President Andrzej Duda of the opposition Law and Justice Party, which has vociferously opposed LGBTQ rights. So far, Duda, who will be in office until presidential elections in May 2025, has not indicated how he will act on the bill, stating he’s waiting until it is introduced to comment.
SOUTH KOREA
The Seoul Queer Culture Festival has found a new home after two years of struggle with the city council repeated denying permits for the annual festival.
The Queer Culture Festival had been held at Seoul Plaza at City Hall ever since 2015, but last year it was denied a permit, which the conservative-leaning city council decided to give to a Christian youth concert instead. This year, the city council has announced that the plaza is being used for a outdoor library all through spring and summer, effectively blocking all event applications.
“I think Seoul city is focusing on events that only suit its taste,” Yang Sun-woo, chief organiser of the festival, told Reuters. “If Seoul cared about LGBT people, they would have understood the significance of the event.”
In response, organizers of the Queer Culture Festival have decided this year’s edition will take place on a several blocks in downtown Seoul, which only required the permission of police, rather than city council.
The festival, which takes place over two weeks in June, kicks off with a parade on June 1 and will feature a queer film festival, live performances, and 60 booths for vendors and interactive events.
For its part, Seoul City Council denies that anti-LGBTQ discrimination played a part in its decision to twice deny permits for the event.
The city government said it is “always listening to voices and providing necessary support to protect human rights of LGBTQ people as members of society,” in a statement.
The Queer Culture Festival was also denied a permit by the Seoul History Museum.
The U.S. Embassy in Seoul will also support the event, as it has in previous years.
“As in past years, embassy representatives will join in Pride events worldwide, including here in the Republic of Korea, to raise awareness of the challenges faced by LGBTQI+ individuals,” the embassy told Reuters in a statement.
AUSTRALIA
Cumberland in New South Wales drew international headlines this week after its city council voted 6-5 to ban books on same-sex parenting from local libraries. Four council members were not present for the May 1 vote.
The motion amends the council’s library strategy to order “that council take immediate action to rid same sex parents books/materials in council’s library service.”
The move from the council, which represents around 250,000 people in the western suburbs of Sydney, was swiftly condemned by residents, LGBTQ leaders, and representatives of the state government.
New South Wales Attorney General Michael Daley has referred the motion to the state’s Anti-Discrimination Board for advice, while Arts Minister John Graham has warned the council that the new policy directive puts state library funding for the council in jeopardy, as it would breach public library guidelines. He’s asked council to reconsider the ban.
“It’s a terrible message to send, to have this councilor importing this US culture war into our country and playing it out on the shelves of the local library,” Graham said on a morning television show. “I think the community expectations are clear — the local councilor should be coming around to pick up their bin, not telling them what to read.”
Cumberland’s local council is dominated by the relatively LGBTQ-friendly Australian Labor Party, but the motion from Our Local Government Party Councilor Steve Christou carried with support from Liberal-Party-affiliated Independents and a single vote from a Labor councilor, who has since been condemned by the party.
The move comes just a few months after the same council voted to ban drag queen storytime events at local libraries.
Christou says the motion was inspired after he received complaints from constituents who saw the book “Same-Sex Parents” by Holly Duhig on display in the children’s section of a library. The book explores what it’s like to have two moms or two dads from a child’s perspective.
During the debate on the motion, Christou alleged that the book “sexualized” children and repeated dog-whistle allegations against queer people and parents.
“We’re going to make it clear tonight that … these kind of books, same-sex parents books, don’t find their way to our kids,” Christou said, according to the Guardian. “Our kids shouldn’t be sexualized.”
Christou said the proposed amendment was “for the protection and safety of our children.”
“Hands off our kids,” he repeated.
Christou has said the amendment was demanded by his community, which he says is a “very religious community,” despite the fact that a petition against the amendment garnered more than 10,000 signatures in 24 hours.
“This community is a very religious community, a very family-orientated community.
“They don’t want such controversial issues going against their beliefs indoctrinated to their libraries. This is not Marrickville or Newtown, this is Cumberland City Council.”
The petition was launched by a Cumberland area grandmother to what she describes as a “rainbow family” Caroline Staples. Staples will present her petition to the council on May 15.
Africa
South African president signs new hate crimes, hate speech law
Advocates largely welcome new statute
South African LGBTQ organizations have welcomed a new law that seeks to combat hate crimes and hate speech.
President Cyril Ramaphosa on May 9 signed the Preventing and Combating of Hate Crimes and Hate Speech Bill that had been introduced in 2018.
According to the new law; the direct or indirect unfair discrimination against anyone on the grounds of age, albinism, culture, disability, ethnic or social origin, gender, HIV status, language, nationality, migrant, refugee status, asylum seekers, occupation, trade, political affiliation, conviction, race, religion, sex, sexual orientation, gender identity or expression, sex characteristics or skin color is a criminal offense punishable by a fine or up to eight years in prison.
“A hate crime is committed if a person commits any recognized offense under any law that is motivated by prejudice or intolerance based on one or more characteristics or perceived characteristics of the victim, as listed in the legislation or a family member of the victim,” said the president’s office. “The law also makes it an offense when speech material is intentionally distributed or made available in electronic communication, and the said person knows that such electronic communication constitutes hate speech.”
Crimen injuria, the unlawful and intentional impairing of dignity or privacy of another person under common law, was in place before the new law. Crimen injuria, which to extent protected some forms of hate against the LGBTQ community, is still active.
The Preventing and Combating of Hate Crimes and Hate Speech Bill, however, is more comprehensive in the sense that it particularly focuses on hate speech and hate crimes, and therefore makes it easier to seek legal recourse than under crimen injuria.
“As Out, we commend President Cyril Ramaphosa on the move that he has made in making sure that the rights of LGBTQ+ persons are protected. We, as Out, also hope that other African countries can learn from this historic milestone that all people are equal and that their rights should be protected,” said Out LGBT South Rights Human Rights Coordinator Sibonelo Ncanana.
Ncanana specifically applauded Deputy Justice and Constitutional Development Minister John Jeffrey and the working group that helped secure the bill’s passage.
“We hope that all government departments will enforce the mandate of the act,” said Ncanana. “We also hope that it will help in decreasing the amount of hate crimes that are happening in South Africa, create safer communities, and that LGBTQ+ people will find themselves safe.”
Ruth Maseko of Umndeni LGBTI Group and the Triangle Project said the new law creates a precedent of what constitutes hate crime and the repercussions.
“We are delighted at the passing of the bill after so many years, as it creates a legal definition of hate crimes,” said Maseko. “This now puts in place mechanisms for authorities to collect and report details about these incidents of hate for the effective monitoring, analysis of trends, and appropriate interventions that are needed.”
Maseko added that although the new law will aid in giving the courts a framework to work in when handling cases of hate, it will not really deter people from committing those crimes.
“The new law will provide quantitative and qualitative data as currently we have no way of telling how many of these crimes are committed. The only way we know, is when they are reported to a civil society organization or are reported in the media,” said Maseko.
“Although it will do nothing to change the attitudes of people who act out in these ways, the law does send out a message that hate crimes will not be tolerated in South Africa and will provide additional tools to investigators and prosecutors to hold perpetrators accountable for their actions,” added Maseko.
The law, however, does not consider actions undertaken in good faith as part of hate speech. They include artistic creativity, performance or other form of expression, academic or scientific inquiry fair, and accurate reporting or commentary in the public interest.
It also excludes interpretation and articulating or espousing of any religious conviction, tenet, belief, teaching, doctrine or writing that does not advocate hatred or constitutes incitement to cause harm. The law also contains directives on training and other measures to be undertaken by the South African Police Service and the National Prosecuting Authority to ensure effective processing of the newly defined crimes.
South America
Lesbian couple dies after man sets Buenos Aires boarding house room on fire
Suspect has been charged with homicide
Editor’s note: Andrea Amarante on Sunday died from injuries she sustained in the fire.
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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