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Out in the World: LGBTQ news from Europe and Asia

Qatar has detained a man with HIV who is a dual British and Mexican citizen

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(Los Angeles Blade graphic)

AUSTRALIA

Sydney Mardi Gras parade pays tribute to a murdered gay couple from New South Wales, Jesse Baird and Luke Davies. In its annual float, Qantas Airways painted the name of Davies, who worked for the carrier as a flight attendant on the side of the faux cockpit. (ABC News Australia YouTube screenshot)

As the 46th Sydney Gay and Lesbian Mardi Gras ended its two week long celebrations with the annual massive Mardi Gras parade on Oxford Street this past weekend, this year’s celebration marred by the murder of a gay couple that jarred the country’s entire LGBTQ community, the parade came to a halt on Saturday in a powerful act of remembrance for the couple, Jesse Baird and Luke Davies.

In its annual float, Qantas Airways paid tribute to Davies who worked for the carrier as a flight attendant. A Qantas spokesperson confirmed that Davies’ name was added prominently on the side of the Qantas float, and Executive Manager Crew Leeanne Langridge in a statement said that Davies “was a much-loved member of the Qantas cabin crew community in Brisbane and Sydney.

“He had a passion for travel, life, his family and friends and the customers that he served. He will be deeply missed. The whole team at Qantas are thinking of Luke and Jesse’s loved ones,” Lanridge said.

The Star Observer, the country’s largest queer news media outlet, reported that a New South Wales police officer, Beaumont Lamarre-Condon, who reportedly once dated Baird, a Network 10 reporter and a sports official who umpired in AFL matches in the Northern Football and Netball League, has been charged with their murders.

Jesse Baird, left, and Luke Davies, right (Photo courtesy of Baird’s Instagram page and New South Wales police)

Lamarre-Condon is accused of shooting them dead with his police-issued sidearm at Baird’s home in Paddington, Sydney. The couple’s remains were found at a property at Bungonia, near Goulburn, around 115 miles south of Sydney on Feb. 27, 2024. 

The murder of the couple caused the Sydney Gay and Lesbian Mardi Gras organizers to uninvite police from the iconic Mardi Gras parade the BBC reported

The parade’s board said the decision to exclude police, who have taken part in the annual march for over two decades, was “not taken lightly” but that it was essential to create a safe environment “to protest, celebrate” and “honor and grieve those we’ve lost.”

Sydney’s Mardi Gras parade has a complex history of both LGBTQ activism and police brutality, after the first march in 1978 resulted in dozens of people being beaten and arrested by local officers, the BBC noted.

CHINA

Lai Ke, also known as Xiran, (Photo courtesy of Xiran/WeChat)

A Chinese transgender activist is facing deportation back to mainland China as she is scheduled for release on Sunday from Siu Lam Psychiatric Center, a psychiatric detention institution where Hong Kong authorities usually hold trans detainees.

Lai Ke, also known as Xiran, was convicted of using “forged” documents to attempt to travel from China to Toronto via Hong Kong last year. Lai was detained at Hong Kong International Airport on May 3, 2023, while transferring to a flight to Toronto having begun her journey in Shanghai.

Lai was convicted in a Hong Kong court on June 16, 2023, and sentenced to 15 months in prison, which she served at the Siu Lam Psychiatric Center. A release notice from the Siu Lam Psychiatric Center seen by Amnesty International states that Lai is due to be released early for good behavior on March 2. As Lai is not a resident of Hong Kong, she is subject to being deported to mainland China under Section 19 of the Hong Kong Immigration Ordinance. 

“Time is of the essence to prevent Lai Ke from being unlawfully deported to mainland China, where she would be at grave risk of serious human rights violations — including arbitrary detention, unfair trial, and even torture and other ill-treatment — due to both her transgender identity and her activism,” Sarah Brooks, the deputy regional director for Asia for Amnesty International said.  

“To return her given these risks would be an abandonment of Hong Kong’s obligations under international law.” 

Lai had been a vocal advocate for trans rights in China alongside her partner. According to her friends, her partner was imprisoned in China in June 2023 on account of her own activism and her trans identity. 

While serving her sentence, Lai has been denied access to the medication she was taking as a part of her hormone replacement therapy and held in solitary confinement for complaining about the denial of her medical treatment, her friends added. 

“There is a very real risk that Lai Ke will face persecution — including further imprisonment — if she is returned to mainland China,” said Brooks.

PHILIPPINES

Pura Luka Vega booking photo. (Photo courtesy of Pura Luka Vega and the Manila Police Department)

A 33-year-old drag queen who had been incarcerated in a Manila jail last fall for allegedly violating the Catholic-majority country’s obscenity laws for his performance dressed as Jesus Christ, performing a rock version of the Lord’s Prayer in Tagalog, was arrested again this past week.

Investigators from the Manila Police District, charged Amadeus Fernando Pagente, who performs under the stage/drag name Pura Luka Vega, for six counts of alleged violation of Article 201 including immoral doctrines, obscene publications and exhibitions and indecent shows. The arrest of the drag artist on Feb. 29 was due to a warrant issued by a court in Quezon City.

Supporters and fans raised the bail of 720,000 Philippine pesos, ($12,852.55) and Pagente was released on March 1. In a post on X, formerly Twitter, the drag artist thanked his benefactors writing: “The fight still goes on, life still goes on. I am very grateful to those who helped me with my bail. To my drag sisters who tirelessly helped me and organized fund raising for legal fees, thank you very much. Thank you.”

These latest charges stem from a complaint issued by the Kapisanan ng Social Media Broadcasters ng Pilipinas, a broadcast media organization, on behalf of Philippines for Jesus Movement.

This is the second time the Philippines for Jesus Movement, comprising Protestant church leaders, has registered a criminal complaint with prosecutors against the drag performer. He was accused of violating obscenity laws for his performance dressed as Jesus Christ, performing a rock version of the Lord’s Prayer in Tagalog last August. He was incarcerated and then later released.

At the time Pagente told Agence France-Presse: “The arrest shows the degree of homophobia” in the Philippines. “I understand that people call my performance blasphemous, offensive or regrettable. However, they shouldn’t tell me how I practice my faith or how I do my drag.”

Ryan Thoreson, a specialist at the Human Rights Watch’s LGBT rights program, also called for the charges against Pagente to be dropped. “Freedom of expression includes artistic expression that offends, satirizes or challenges religious beliefs,” Thoreson told the BBC.

UKRAINE

Victor Pilipenko (Photo courtesy of Telegram)

A Ukrainian army combat medic was stripped of honors awarded to his unit by the Ukrainian Orthodox Church after the church leadership was informed that he was gay.

Viktor Pylypenko, a medic with 1st mechanized battalion, 72nd Black Zaporozhians Brigade medical corps, along with his fellow servicemembers were awarded medals for “sacrifice and love to Ukraine” by the Ukrainian Orthodox Church of the Kyiv Patriarchate’s Patriarch Filaret for their actions and deeds serving in the Donbas region against the Russian invaders.

Pylypenko who serves as an openly gay soldier together with the commander of the medical corps, Yurii Lytvynenko, arrived from Donbas to receive the medals from Filaret. The patriarch personally thanked Pylypenko for his service.

According to the Ukrainian news website obozrevatel.com, that after receiving the award, the soldier published a post on his Facebook page thanking Filaret for the award, thinking that in this way the UOC changed its attitude towards the LGBTQ community.

“I am sincerely glad that Patriarch Filaret took such a step and thanked me, an openly gay man and human rights activist, for the protection. He gave me a medal with his signature and seal. He and the Kyiv Patriarchate headed by him have radically changed their position on LGBTQ+ people and no longer consider us ‘sinful’ or the cause of the coronavirus,” Pylypenko wrote.

On Feb. 25 the church responded in its own Facebook post calling Pylypenko’s post a falsehood:

“Among the distinguished military personnel of the medical point was Victor Pylypenko. Unfortunately, on his social media pages, he posted false information about Patriarch Filaret awarding him a distinction as openly gay for human rights and that Patriarch Filaret and the Kyiv Patriarchate radically changed their negative position on LGBT.

This is an outright lie and manipulation.

Taking into account the efforts of the dark forces to distort the consistent position of the upc of the Kyiv Patriarchate, we want to officially state:

1. Soldier Victor Pilipenko received a thank you from the church, exclusively as a defender of Ukraine, not as an LGBT activist, at the submission of his fellow soldiers from the combat unit of the heroic 72nd Brigade of the Black Zaporozhye. Patriarch Filaret did not personally award the Pilipenkoví medal and did not know about his sinful tendencies.

2. Holy Patriarch Filaret and the Ukrainian Orthodox Church of the Kyiv Patriarchate, based on the foundations of the Holy Scriptures, the thousand-year teaching of the Orthodox Church, invariably occupies a principled negative position on Sodom sin, condemns propaganda t. zv ‘same-sex marriages.’ Homosexual sex relationships are a false distortion of the God-given nature of man. As said in the Bible, the Lord Himself for the sins of people destroyed Sodom and Homorrah. The patriarch repeatedly stated it publicly and in court proved the legality of such his right.

3. We thank warrior Victor Pilipenko (as well as all our defenders for defending our liberty and territorial integrity) for his military service, but we do not divide his sinful likeness and LGBT agitation. We inform that due to open propaganda of sinful ideology and the denial of the existence of God, consider the church award to Victor Pilipenko from 08.02.2024 Order no. 27468 — revoked.

The Apostle Paul in the first letter to the Corinthians warned: ‘he deceive yourself: Neither prostitutes, nor idolosuluzeliji, nor adulterous, nor malakí̈, nor mužoložcí, nor thieves, nor lehvari, nor drunkards, nor lihoslovci, nor predators — the kingdom of God will not inherit. And such were some of you; but washed, but sanctified, but justified in the name of our Lord Jesus Christ and by the Spirit of our God’ (1 Cor. 6, 9-11).

Based on the foundations of Christian evangelical love for all, sinners in particular, desiring them salvation, we urge everyone to repent of their personal sins.

Then the church’s press service said: “We would like to inform you that in view of the open propaganda of a sinful ideology and the denial of the existence of God, the church award to Viktor Pylypenko is hereby revoked.” 

Pilipenko then accused the Kyiv Patriarchate of awarding the medals as a PR campaign:

“I wrote words of gratitude to Filaret, naively imagining that he deliberately awarded me and showed his colleagues a Christian, undoubtedly noble gesture, a signpost to reconciliation and mutual respect for gays, atheists, and people of other faiths. But everything turned out to be more prosaic: Filaret was just handing out his awards as a PR campaign for his denomination.”

Outrage from his fellow soldiers and others has been building regarding the Kyiv Patriarchate’s actions.

Ilia Krotenko, a fighter with the 72nd Black Zaporozhians Brigade, emphasized that the “trinkets” handed out by the church are worthless.

“In connection with the absolutely disgusting act of the UOC-Kyiv Patriarchate and Patriarch Filaret, who took away the award from war veteran Viktor Pylypenko only because he is openly gay, I also refuse a similar award of my own,” he wrote.

SLOVENIA

8th of March Research Institute protests in Ljubljana, the capital city of Slovenia. (Photo courtesy of the 8th of March Research Institute)

Activists from across Europe, including Slovenia, Spain, France and Poland formed an alliance to launch a petition to collect over 300,000 signatures as a first step towards laying the groundwork to ensure that in Europe, reproductive rights are safeguarded and accessible for each and every woman.

This event marks a pivotal moment where voices from diverse European nations unite to advocate for reproductive rights, underscoring the collective resolve to ensure the safety and accessibility of abortion services across the continent.

Nika Kovac, founding director of the 8th of March Research Institute, part of the new alliance, said, “The need to kick off the petition is driven by a deep concern over the erosion of reproductive rights, as witnessed in various parts of the world, including the United States and Poland. We are dedicated to creating a network of friends united by shared values of empathy and solidarity. The key to change is international solidarity.”

“The freedom to choose our body is a common value in every single country of Europe. We are here to demand that it also becomes a right that everyone has in practice,” she added.

Though a large majority of Europeans support abortion, the values of women’s bodily autonomy and their freedom to choose are not shared by all governments and state laws. In a significant number of EU countries, legal and access restrictions prove to be a considerable hurdle for those who need it the most. Slovenia has proven to be a significant outlier, being the only European country to enshrine the right to abortion in its constitution with France currently trying to do the same.

“Ban on abortion kills women, ban on abortion ruins lives and the lack of access to abortion kills women and ruins lives,” said Marta Lempart, founder of Polish Women’s Strike, who has been the loudest advocate for reproductive rights in the country.

“In my country, women die in state hospitals because they are denied abortions. Each time it happens, we cry and protest and say ‘not one more’ but today I am not here to cry and shout but to say that we can get through it. You will never walk alone.”

“In many countries, abortions are legal but not free, so, it’s only for rich people; Also, in many countries abortions are legal, but women are intimidated, and humiliated for accessing a health service. This should not be happening. We need solidarity as we need to protect women not only in Poland but across Europe.”

Alice Coffin, who leads permanent action against patriarchal structures that harm French society and is a member of the alliance, said, “While Poland is infamous for severely restricted access to abortion, populist far-right parties with the same agenda are emerging across the continent. Their anti-abortion agenda is rarely in the forefront of their public communication but it becomes an important policy point if they achieve power. However, there is widespread public opposition to these measures.”

She added, “The French Senate is due to vote on including abortion in its constitution on Wednesday, Feb. 28. The president of the Senate is opposed. The Vatican has expressed its anger. But we have every hope that it will come to pass. So, abortion is an issue that will be very much on the political and media agenda in France over the next few days.”

The petition will actively be distributed among various individuals across multiple countries to ensure wide reach and engagement with the aim of gathering an initial 300,000 signatures. With this petition, the coalition hopes to build momentum and support for the substantive changes they aim to achieve.

The initiative represents a powerful, united front of committed individuals and organizations, and was attended by prominent feminist activists including Nika Kovač who has been one of the initiators of the #MeToo movement in Slovenia; Lempart, activist, and founder of the Polish Women’s Strike, who has been the loudest advocate for reproductive rights in a country with an almost total ban on abortions and has organized the biggest pro reproductive rights protests in the history of Poland; Alice Coffin, renowned feminist and author from France; Silvia Casalino, activist from France, along with Dr. Imma Clarà, director of the Spanish organization L’Associació; LGBTQ activist and researcher Kika Fumero; feminist activist and journalist Cristina Fallarás who launched the Spanish #MeToo movement. #Cuéntalo (Spain) participated in the petition launch.

The coalition’s political stance stems from a fundamental disagreement with the reality that women in Europe still face life-threatening risks due to lack of access to safe abortion services.

The coalition’s overall goal is to safeguard and advance abortion rights across Europe, ensuring that all women have access to the safe, respectful and legal healthcare services they deserve.

QATAR

Manuel Guerrero Aviña and the British Embassy in Doha, Qatar (Photo courtesy of the British government’s X page)

An HIV positive openly gay dual British and Mexican citizen is being held because of his sexuality in this peninsular Arab country bordering the Persian Gulf. Manuel Guerrero Aviña, 44-year-old Qatar Airways employee, has been imprisoned since Feb. 4 after responding to a false Grindr text.

PinkNewsUK reported according to his brother Enrique Aviña, who is leading the campaign QatarFreeManuel, his brother is being imprisoned because of his sexuality, and has been denied access to antiretroviral medicines.

“Qatar police used a false Grindr profile to contact Manuel and invite him to participate in a meeting with other people from the LGBT community in the city of Doha,” Enrique Aviña told British newspaper the Mirror. 

“Manuel was supposed to meet a person he thought he had arranged an appointment with on the night of Feb. 4 but instead encountered police officers who were waiting to arrest him.”

“He has been denied the right to a lawyer and has been forced to sign documents in Arabic without a translator to assist him. Even worse, he has been prevented access to antiretroviral medicines he needs to be able to live with HIV, which constitutes an act of torture and puts his life at risk,” Enrique Aviña said.

PinkNewsUk also reported because Aviña registered as a British national when he was hired by Qatar Airlines and moved there to work, the Mexican Embassy in Qatar said, the British Embassy is dealing with his case, but Mexican consular officers been in contact with his family.

“With regards to the case of Manuel Guerrero Aviña, who has Mexican and British nationality and is currently under arrest in Doha, the Mexican Embassy in Qatar confirms it has been following developments since it was informed about the detention,” an embassy statement read.

“It has been in constant contact with his relatives and has confirmed Manuel has legal representation.”

A spokesperson for the UK Foreign Office told PinkNewsUK: “We are providing consular assistance to a British man who is detained in Qatar and are supporting his family.”

Additional reporting from the Star Observer, ABC News Australia, the BBC, Agence France-Presse, Obozrevatel.com, Kyiv Post and PinkNewsUK.

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The Vatican

New Vatican report acknowledges LGBTQ Catholics feel isolated in the church

Document contains testimonies of two gay married men

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St. Peter's Basilica on July 12, 2025. (Washington Blade photo by Michael K. Lavers)

A report the Vatican released on Tuesday acknowledges LGBTQ Catholics have felt isolated within the church.

The report, which the Vatican’s General Secretariat of the Synod’s Study Group 9 released, includes testimony from two married gay Catholics from the U.S. and Portugal.

“Regarding the resistances — limiting ourselves to those emerging from the lived experiences shared with us — we wish to highlight the following: the solitude, anguish, and stigma that accompany persons with same-sex attractions and their families, not only in society but also within the church; this is often linked to the temptation to hide in a ‘double life,'” reads the report. “Within this problematic outlook lie the positions expressed in the pressure to undergo reparative therapies or, even more gravely, in the simplistic advice to enter the sacrament of marriage.”

“At the root of both the emerging openings and the persisting resistances, it seems possible to identify a difficulty in coordinating pastoral practice and the doctrinal approach. Other testimonies received by our study group from believers with same-sex attractions further confirm how arduous it is for individuals and Christian communities to reconcile “doctrinal firmness” with “pastoral welcome,'” it adds.

The report appears to criticize so-called conversion therapy. It also states “every person, first and foremost, is singular, irreducible, irreplaceable, and original” and “this is the meaning of the Biblical-theological theme of the human being, male and female, created in the image and likeness of God.”

The National Catholic Reporter notes “a group of theologians, including bishops, priests, a sister and a layperson” the Vatican commissioned “to study ‘controversial’ issues that Pope Francis’s Synod on Synodality raised wrote the report.

Francis in 2023 launched the multi-year synod to examine on ways to reform the church.

The Argentine-born pontiff died in April 2025. Pope Leo XIV, who was born in Chicago, succeeded him.

Secretary of State Marco Rubio on Thursday met with Leo at the Vatican. The meeting took place against the backdrop of increased tensions between the U.S. and the Holy See over the Iran war.

LGBTQ Catholic groups largely welcome report

LGBTQ Catholic groups welcomed the report; even though it will not change church teachings on homosexuality, marriage, and gender identity.

“It was a really bold choice to make LGBTQ issues — or homosexuality — one of the case studies,” Brian Flanagan, a senior fellow at New Ways Ministry, a Maryland-based LGBTQ Catholic organization, told the Washington Blade on Wednesday during a telephone interview.

Flanagan is also the John Cardinal Cody Chair of Catholic Theology at Loyola University in Chicago.

“They (the study group) could have punted and said something easier,” he said. “Instead, they’re putting what was frankly one of the hottest issues leading up to and after the Synod and addressing it more head on.”

New Ways Ministry Executive Director Francis DeBernardo in a statement described the report as a “breath of refreshing air, the first acknowledgment that LGBTQ+ issues were taken seriously by the three-year global consultation of all levels of the church.”

“By establishing mechanisms and recommendations to continue dialoguing with LGBTQ+ people, the report is a significant step forward in the church’s process to become a more welcoming place for its LGBTQ+ members,” he said.

Marianne Duddy-Burke, executive director of DignityUSA, an LGBTQ Catholic organization, in her own statement said the report “demonstrates a welcome humility and openness to learning from the People of God about people’s lives and faith journeys.”

“It is clear that the study group members understand that the doctrines of the church undermine the deep relationship with God that many LGBTQ+ people have, or try to have, and that this needs to be corrected,” she said. “Church officials have decades of testimony from people who have found their sexual orientation or gender identity to be a blessing and a gift, and their relationships to be sacred. To see this reality reflected and respected in this document is a long-awaited positive step.”

Duddy-Burke added the report largely ignores “the experiences of transgender and nonbinary people.” She further notes it “provides few concrete recommendations and proposes no doctrinal changes.”

“Rather, it calls for dialogue, encounter, and communal theological reflection to shape how the Catholic Church moves forward in addressing doctrine and pastoral practice,” said Duddy-Burke. “The paradigm shift repeatedly called for in this report is a significant and very welcome change. Experience, especially of those most impacted, must be key to developing dogma.”

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Ukraine

Ukrainian MPs advance new Civil Code without protections for same-sex couples

Advocacy groups say proposal would ‘contradict European standards’

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A Pride commemoration in Kharkiv, Ukraine, on Sept. 25, 2022. The country’s MPs have advanced a proposed new Civil Code without legal protections for same-sex couples. (Photo courtesy of Sphere Women's Association)

Ukrainian lawmakers have advanced a proposed new Civil Code that does not contain legal protections for same-sex couples.

The Kyiv Independent reported the proposal passed on its first reading on April 28 by a 254-2 vote margin.

The newspaper notes more than two dozen advocacy groups in a statement said some of the proposed Civil Code’s provisions “contradict European standards” and “violate Ukraine’s commitments under its EU accession process.”

“The most worrying provisions are those that make it impossible for a court to recognize the existence of a family relationship between people of the same sex,” the statement reads. “This overturns the already established case law on this issue, and closes the only legal avenue that allows partners to somehow protect their rights in individual cases.”

“Moreover, the draft completely ignores the obligations that Ukraine should have already fulfilled as part of its accession to the EU, as it lacks provisions that would allow people of the same sex to register their relationships,” it adds.

“The provisions also stipulate that all marriages concluded by people who have changed their gender automatically become invalid,” the statement further notes. “This is not just stagnation in the field of human rights or lack of progress on the path to European integration, but an actual setback in the legal sphere.”

Olena Shevchenko, chair of Insight, a Ukrainian LGBTQ advocacy group, in an April 28 Facebook post said the new Civil Code “is a step back on upholding the rights of women and the LGBT+ community in Ukraine.”

The Ukrainian constitution defines marriage as between a man and a woman.

President Volodymyr Zelenskyy in 2022 publicly backed civil partnerships for same-sex couples. 

The Ukrainian Supreme Court on Feb. 25 recognized Zoryan Kis and Tymur Levchuk — a gay couple who has lived together since 2013 and married in the U.S. in 2021 — as a family. Ukraine the day before marked four years since Russia began its war against the country.

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Commentary

How do you vote a child out of their future?

Students reportedly expelled from Eswatini schools over alleged same-sex relationships

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(Photo by Vladgrin via Bigstock)

There is something deeply unsettling about a society that turns a child’s future into a public referendum. In Eswatini, there were reports that students were expelled from school over alleged same-sex relationships, and that parents were invited to vote on whether those children should remain, forcing us to confront a difficult question on when did education stop being a right and become a favor granted by collective approval? Because this is a non-neutral vote.

A vote reflects power, prejudice and personal beliefs, which are often linked to tradition, culture, politics and religion. It is shaped by fear, by stigma, by long-standing narratives about morality and belonging. To ask parents, many of whom may already hold hostile views about LGBTIQ+ people, to decide the fate of children is not consultation. It is deferring the responsibility and repercussion. It is placing the lives of young people in the hands of those most likely to deny them protection.

And where is the law in all of this?

The Kingdom of Eswatini is not operating in a vacuum. It has a constitution that guarantees the promotion and protection of fundamental rights, including equality before the law, equal protection of the laws, and the right to dignity. The constitution further goes on to protect the rights of the child, including that a child shall not be subjected to abuse, torture or other cruel, inhuman and degrading treatment or punishment.  

The Children’s Protection and Welfare Act of 2012 extends the constitution and international human rights instruments, standards and protocols on the protection, welfare, care and maintenance of children in Eswatini. The Children’s Protection and Welfare Act of 2012 promotes nondiscrimination of any child in Eswatini and says that every child must have psychosocial and mental well-being and be protected from any form of harm. The acts of this very instance place the six students prone to harm and violence. The expulsion goes against one of the mandates of this act, which stipulates that access to education is fundamental to development, therefore, taking students out of school and denying them education contradicts the law.  

Eswatini is a signatory to the United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. These are not just commitments made to make our governments look good and appeasing. They are obligations. The Convention on the Rights of the Child is clear regarding all actions concerning children. The best interests of the child MUST be a primary consideration and NOT secondary one. According to the CRC, as indicated in the Declaration of the Rights of the Child, “the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth.” It is not something to be weighed against public discomfort and popularity.

The African Charter on the Rights and Welfare of the Child reinforces this, grounding rights in non-discrimination (Article 3), privacy (Article 10) and protection from all forms of torture (Article 16). Access to education (Article 11) within these frameworks is not conditional but is a foundational right. It is not something that can be taken away because a child is perceived as falling outside social norms and threatening the moral fabric of society. It is a foundational right and determines one’s ability to participate in civic actions with dignity.

So again, where is the law when children are being expelled?

It is tempting to say the law is silent but that would be too generous. The law is not silent rather, it is being ignored and bypassed in favor of systems of decision-making that make those in power comfortable. When schools and their leadership defer to parental votes rather than legal standards, they are not acting neutrally. Expelling a child from school because of allegations is not a decision to be taken lightly. It disrupts education and limits future opportunities and for children already navigating identity and social pressure, this kind of exclusion can have profound psychological effects. It isolates them. It marks them for potential harm. Imagine being a child whose future is discussed in a room where people debate your worth. That is exposure. That is harm. There is a tendency to justify these actions in the language of culture, tradition, religion and protecting social cohesion. But culture is not static and the practice of Ubuntu values is not an excuse to violate rights. If anything, the principle of Ubuntu demands the opposite of what is happening here.

Ubuntu is not about conformity. It is about recognition and is the understanding that our humanity is bound up in one another. That we are diminished when others are excluded. That care, dignity, respect and compassion are not optional extras but central to how we exist together. Where, then, is Ubuntu in a school where some children are deemed unworthy of access to education?

Why are those entrusted with protecting children are failing to do so?

There is a very loud contradiction at play. On one hand, there is a claim to shared values and to the importance of community. On the other hand, there is a willingness to isolate and exclude those who do not fit within the narrow definition of what is acceptable. You cannot have both. A community that thrives on exclusion is neither cohesive nor safe.

It is worth asking why these decisions are being made in this way. Why not follow the established legal processes? Why not ensure that any disciplinary action within schools aligns with national and international obligations? Why introduce a vote at all? The answer is uncomfortable and lies in legitimacy and accountability. A vote creates the appearance of a collective agreement. But again, I reiterate, it distributes responsibility across many hands, making it hard to hold anyone accountable. It allows the school leadership to say “lesi sincumo sebantfu”(“This is what the community decided, not me”) rather than confronting their own role in human rights violations. If the law is clear and rights, responsibilities and obligations are established, then the question is not what the community feels. The question is why those entrusted with protecting children are failing to do so.

There is also a deeper issue here about whose rights are seen as negotiable. When we talk about children, we often speak of care, of understanding, of protection and safeguarding them because they are the future. But that language becomes selective when it intersects with sexuality, particularly when it involves LGBTIQ+ identities. Suddenly, care, understanding, protection, and safeguarding give way to punishment.

Easy decisions are not always just ones.

If the kingdom is serious about its commitments under its constitution, the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child, then those commitments must be visible in practice, not just in policy documents. Rather, they must guide decision-making in schools and in communities. That means recognizing that a child’s right to education cannot be overridden by a show of hands. It means ensuring that schools remain spaces of inclusion rather than sites of moral policing. It means holding leaders and institutions accountable when they fail to protect those in their care.

Bradley Fortuin is a consultant at the Southern Africa Litigation Center and a human rights activist.

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