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State Department urges Ghana to protect LGBTQ rights after activists arrest

Workshop attendees taken into custody after ‘unlawful assembly’

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The Harry S Truman State Department building in Washington (Photo Credit: GSA/U.S. Government)

WASHINGTON — The State Department on Monday expressed concern over the arrest of 21 LGBTQ activists in Ghana.

Ghananian police on May 20 arrested the activists in the city of Ho. A State Department spokesperson in their statement said the U.S. “promotes efforts worldwide to protect LGBTQI+ populations from violence and abuse, criminalization, discrimination, and stigma, and to empower local movements and persons seeking to advance the rights of LGBTQI+ persons.”

The spokesperson proceeded to say that the situation in Ghana is on the State Department’s radar and called upon the country’s national leaders and citizens to support and preserve the human rights of LGBTQ Ghanaians. 

“We are monitoring the situation closely,” said the spokesperson. “We urge national leaders in Ghana to uphold constitutional human rights protections and to adhere to international human rights obligations and commitments for all individuals. This includes members of the LGBTQI+ community.” 

“We call on all Ghanaians to respect the provisions under Ghana’s constitution that guarantee freedom of speech, expression, and peaceful assembly.”

What caused the arrests?

A training for activists and paralegals on how to advocate for LGBTQ Ghanaians and record any infringements of their human rights took place on May 20. Someone tipped off the authorities, and they arrested event detainees.

Alex Kofi Donkor, founder and director of LGBT+ Rights Ghana, told The Guardian that “the [event] was to train them on paralegal services for vulnerable groups – how we can document issues of abuse, and how best these trained paralegals can provide support.” 

Authorities deemed the event an “unlawful assembly,” and they immediately arrested 16 men and five women. All were denied bail and are due to appear before a judge on June 4. 

Rightify Ghana, a Ghanaian human rights group, in a series of tweets said journalists teamed up with the Ghanaian police when they descended on the event, and took people’s belongings.

“Journalists were the first to storm the place, started taking photos, took their notepads, flip charts, puller banner, books, then locked them while calling the police. The worried victims started crying for help, but today a judge has remanded the 21 queer persons #ReleaseThe21,” said Rightify Ghana. 

Rightify Ghana further expressed their disappointment with the Ghanaian media’s actions as it is an entity that has fervently advocated for freedom of press in the West African nation. 

“Ghanaian media, which has for decades been advocating for press freedom in Ghana, are enablers in the promotion of hate and discrimination against minority groups in the country, especially sexual minorities. No wonder Ghana is here,” said Rightify Ghana. 

The activists’ arrest last week in Ho is the latest of a series of anti-LGBTQ events that have taken place in Ghana.

Ghanaian police officers earlier this year raided and shut down an LGBTQ center.

This action prompted Black celebrities in the West to urge President Nana Akufo-Addo in an open letter to work with LGBTQ community leaders. Some of the celebrities included actor Idris Elba, model Naomi Campbell, and British Vogue Editor-in-Chief Edward Enninful.

In reaction to the recent arrests, prominent human rights groups have expressed their disapproval of LGBTQ human rights abuses in Ghana.

“The arrest of LGBTIQ people holding a lawful, private gathering about protecting and supporting LGBTIQ people in Ghana is shocking, and unacceptable,” said OutRight Action International Executive Director Jessica Stern. “The basic human rights to freedom of assembly and association, enshrined in the country’s constitution, should not be limited by anti-LGBTIQ opinions of bystanders or the police.”

“Those detained should be released immediately, and an investigation into how such a blatant violation of rights could take place has to be held,” added Stern.

“I am deeply saddened that the Ghana police can act on false alarm to arrest and detain innocent citizens,” added Davis Mac-Iyalla, executive director of Interfaith Diversity Network of West Africa. “The human rights defenders arrested and jailed did nothing unlawful, they were exercising their freedom of assembly and association.”

Mac-Iyalla in his statement said “this illegal arrest is a reflection of the high level of discrimination against minorities in Ghana.” 

“I call on the government to condemn the arrest and order the release of the human rights defenders,” added Mac-Iyalla. “I also call on religious leaders and all civil society locally and internationally to add their voices to this call.”

Michael K. Lavers contributed to this story.

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United Nations

UN Security Council urged to focus on LGBTQ+, intersex rights

U.S. Ambassador to the U.N. Linda Thomas-Greenfield chaired Monday meeting

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The United Nations (Washington Blade photo by Michael K. Lavers)

UNITED NATIONS — U.S. Ambassador to the U.N. Linda Thomas-Greenfield on Monday chaired a meeting at the United Nations that focused on the integration of LGBTQ+ and intersex rights into the U.N. Security Council’s work.

The U.S. Mission to the U.N. co-sponsored the meeting along with Albania, Brazil, Cyprus, the Czech Republic, France, Greece, Japan, Malta, Switzerland, the U.K. and the LGBTI Core Group, a group of U.N. countries that have pledged to support LGBTQ+ and intersex rights.

Thomas-Greenfield announced four “specific steps the U.S. will take to better integrate LGBTQI+ concerns into the U.N. Security Council’s daily work.”

• A regular review of the situation of LGBTQ+ and intersex people in conflict zones on the Security Council’s agenda that “includes regularly soliciting information from LGBTQI+ human rights defenders.

• Encouraging the U.N. Secretariat and other U.N. officials to “integrate LGBTQI+ concerns and perspectives in their regular reports” to the Security Council.

• A commitment “to raising abuses and violations of the human rights of LGBTQI+ people in our national statements in the Security Council.”

• A promise to propose, “when appropriate, language in Security Council products responding to the situation of LGBTQI+ individuals.”

“We are proud of these commitments,” said Thomas-Greenfield during Monday’s meeting. “They are just the beginning.”

U.S. Ambassador to the U.N. Linda Thomas-Greenfield speaks outside the U.N. Security Council on March 20, 2023. (Washington Blade photo by Michael K. Lavers)

Victor Madrigal-Borloz, the independent U.N. expert on LGBTQ+ and intersex issues, provided a briefing on LGBTQ and intersex rights around the world. 

“My mandate is based on one single fact: Diversity and sexual orientation and gender identity is a universal feature of humanity,” he said. “For too long, it has been made invisible in national level contributions to peace and security, including policies and programs and in the political and programmatic action of the United Nations.” 

María Susana Peralta of Colombia Diversa — an LGBTQ+ and intersex advocacy group in Colombia that participated in talks between the country’s government and the Revolutionary Armed Forces of Colombia that led to an LGBTQ+-inclusive peace agreement then-President Juan Manuel Santos and then-FARC Commander Rodrigo “Timochenko” Londoño signed in 2016 — and Afghan LGBT Organization Director Artemis Akbary also took part in the meeting.

Peralta said Colombia’s peace agreement “has created a standard by which other countries can use,” but noted the country’s Special Justice for Peace has yet to prosecute anyone who committed human rights abuses based on sexual orientation or gender identity during the war.

Akbary noted the persecution of LGBTQ+ and intersex people in Afghanistan has increased since the Taliban regained control of the country in 2021. Akbary also said LGBTQ+ and intersex Afghans cannot flee to Iran and other neighboring countries because of criminalization laws.

“The whole world is watching as the rights of LGBTQ people are systematically violated in Afghanistan,” said Akbary. “LGBTQ people on the ground in Afghanistan need and deserve protection.”

Representatives of U.N. delegations from France, Brazil, Albania, Japan, Ecuador, Switzerland, the U.K., Malta, Colombia, South Africa, Ireland, Germany, the Netherlands and the European Union spoke in favor of the integration of LGBTQ+ and intersex rights into the Security Council’s work.

“A person’s actual or perceived sexual orientation, gender identity or gender expression or sex characteristics often increases the risk of of becoming the target in conflict and crisis situations,” said Luis Guilherme Parga Cintra of Brazil.

British Ambassador to the U.N. General Assembly Richard Crocker made a similar point.

“We know the conflicts have disproportionate impact on marginalized communities: Women and girls, persons with disabilities, members of ethnic and religious minority groups,” he said. “It is only right the Security Council is discussing this issue today.”

Ambassador Karlito Nunes, who is Timor-Leste’s permanent U.N. representative, read a statement in support of the Security Council discussions about LGBTQ+ and intersex issues. Representatives from China, Russia and Ghana who spoke said the Security Council is not the appropriate place to discuss them.

“Sexual orientation is an individual choice of every individual,” said the Russian representative.

The meeting took place less than 13 months after Russia launched its war against Ukraine. 

A Russian airstrike on March 1, 2022, killed Elvira Schemur, a 21-year-old law school student who volunteered for Kharkiv Pride and Kyiv Pride, while she was volunteering inside the Ukrainian city of Kharkiv’s regional administration building. Activists with whom the Washington Blade has spoken said LGBTQ+ and intersex people who lived in Russia-controlled areas of the country did not go outside and tried to hide their sexual orientation or gender identity because they were afraid of Russian soldiers.

A Pride commemoration in Kharkiv, Ukraine, on Sept. 25, 2022. (Photo courtesy of Sphere Women’s Association)

The Security Council’s first-ever LGBTQ+-specific meeting, which focused on the Islamic State’s persecution of LGBTQ+ Syrians and Iraqis, took place in 2015. Then-U.S. Ambassador to the U.N. Samantha Power, who is now director of the U.S. Agency for International Development, and then-International Gay and Lesbian Human Rights Commission Executive Director Jessica Stern, who is now the special U.S. envoy for the promotion of LGBTQ+ and intersex rights, are among those who participated.

Stern, along with U.S. Reps. David Cicilline (D-R.I.) and Ritchie Torres (D-N.Y.), attended the meeting alongside OutRight International Executive Director Maria Sjödin, among others.

Jessica Stern, the special U.S. envoy for the promotion of LGBTQ+ and intersex rights abroad, center, speaks outside the U.N. Security Council on March 20, 2023. (Washington Blade photo by Michael K. Lavers)

The Security Council in June 2016 formally condemned the Pulse nightclub in Orlando, Fla. The U.N. Human Rights Council a few months later appointed Vitit Muntarbhorn as the first independent U.N. expert on LGBTQ+ and intersex issues. (Madrigal-Borloz succeeded Muntarbhorn in 2018.)

Then-U.S. Ambassador to the U.N. Kelly Knight Craft and then-U.S. Ambassador to Germany Richard Grenell in 2019 during a U.N. General Assembly meeting hosted an event that focused on efforts to decriminalize consensual same-sex sexual relations around the world. 

President Joe Biden in 2021 signed a memo that committed the U.S. to promoting LGBTQ+ and intersex rights abroad as part of the Biden-Harris administration’s overall foreign policy. Then-State Department spokesperson Ned Price later told the Washington Blade the decriminalization of consensual same-sex sexual relations is one of the White House’s five priorities as it relates to the promotion of LGBTQ+ and intersex rights overseas.

The U.S., the U.K., France, China and Russia are the Security Council’s five permanent members. Albania, Brazil, Ecuador, Gabon, Ghana, Japan, Malta, Mozambique, Switzerland and the United Arab Emirates are the 10 non-permanent members.

Ghana and the United Arab Emirates are two of the dozens of countries in which consensual same-sex sexual relations remain criminalized. 

“Today’s meeting was an important first step toward further concrete actions the Security Council, and all parts of the U.N., can take to integrate LGBTQI+ human rights, experiences, and perspectives into their day-to-day work,” Thomas-Greenfield told the Blade in a statement after Monday’s meeting. “We’re proud of the four commitments we made today, and we will keep working to make sure this topic remains on the Council’s agenda.”

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The Vatican

Pope Francis once again condemns gender ideology

Argentina newspaper published interview with pontiff on March 10

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Pope Francis (Photo by palinchak via Bigstock)

VATICAN CITY — Pope Francis earlier this month said gender ideology is “one of the most dangerous ideological colonizations” in the world today.

“Gender ideology, today, is one of the most dangerous ideological colonizations,” Francis told La Nación, an Argentine newspaper, in an interview that was published on March 10. “Why is it dangerous? Because it blurs differences and the value of men and women.”

“All humanity is the tension of differences,” added the pontiff. “It is to grow through the tension of differences. The question of gender is diluting the differences and making the world the same, all dull, all alike, and that is contrary to the human vocation.”

The Vatican’s tone towards LGBTQ+ and intersex issues has softened since since Francis assumed the papacy in 2013.

Francis publicly backs civil unions for same-sex couples, and has described laws that criminalize homosexuality are “unjust.” Church teachings on homosexuality and gender identity have nevertheless not changed since Francis became pope.

Francis told La Nación that he talks about gender ideology “because some people are a bit naive and believe that it is the way to progress.” The Catholic News Agency further notes Francis also said these people “do not distinguish what is respect for sexual diversity or diverse sexual preferences from what is already an anthropology of gender, which is extremely dangerous because it eliminates differences, and that erases humanity, the richness of humanity, both personal, cultural, and social, the diversities and the tensions between differences.”

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Australia

Neo-Nazis & trans activists clash in Melbourne outside Parliament

“They were there to say the trans community don’t deserve rights. Their evil ideology is to scapegoat minorities & it’s got no place here”

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Transgender rights activists clash with Neo-Nazi's in Melbourne, Australia (Screenshot/YouTube)

MELBOURNE, Australia – Neo-Nazi anti-trans far-right extremists gathered outside on the steps of Victoria’s Parliament House Saturday to support Kellie-Jay Keen-Minshull, also known as Posie Parker, a British “gender critical” virulent anti-trans activist.

Parker, who founded group Standing for Women, is currently on a speaking tour of Australia, although a spokesperson for the Victoria Police told the Blade Sunday afternoon- [Monday morning Australia], there were no allegations or other ties to support evidence of her direct involvement in the far-right group’s protest which turned violent as police tried to keep pro-trans activists and the far-right groups separated.

Keen-Minshull/Parker is seen in multiple media photographs arguing with pro-trans supporters on Saturday along Spring Street in front of Parliament House.

The Neo-Nazi protestors kept throwing up the stiff-arm Nazi salute shouting Nazi slogans. Last year the Victorian government had banned the Nazi swastika, with those who defied the ban facing jail terms and hefty fines, the salute however, is not covered under the law. The group also shouted homophobic and transphobic epithets and other terms denigrating the pro-trans activists.

A spokesperson for the government told the Blade that officials are now calling for a ban of the salute, also quoting a Federal Labour MP, Josh Burns who said: “It makes no sense that it’s now illegal to display a Nazi symbol in Victoria, which is fundamentally a good thing, but you are allowed to do what happened yesterday which is and saluting neo-Nazi ideology.” 

Burns also released a statement Saturday [Australia] calling for tougher laws on far-right extremism:

On Sunday, [Australia] Victoria’s Premier Daniel Andrews in a Twitter thread noted:

“I won’t share a photo because they simply don’t deserve the attention. But yesterday, anti-trans activists gathered to spread hate. And on the steps of our Parliament, some of them performed a Nazi salute. I wish it didn’t have to be said, but clearly it does: Nazis aren’t welcome. Not on Parliament’s steps. Not anywhere.”

Andrews added: “They were there to say the trans community don’t deserve rights, safety or dignity. That’s what Nazis do. Their evil ideology is to scapegoat minorities – and it’s got no place here. And those who stand with them don’t, either. So to every trans Victorian, I say this: Our Government will always support you. And we’ll always respect you. Because your rights are not negotiable.”

Transgender rights activists clash with Neo-Nazi’s in Melbourne:

Victorian Government To Explore Extra Measures After Neo-Nazi Clash:

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United Nations

UN Security Council meeting to focus on LGBTQ+, intersex rights

Activists from Colombia, Afghanistan expected to speak at March 20 gathering

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U.N. flag (Photo by sanjitbakshi; courtesy Flickr)

UNITED NATIONS — A meeting that will focus on the integration of LGBTQ+ and intersex rights into the U.N. Security Council’s work will take place at the United Nations on March 20.

The U.S. Mission to the U.N. is co-sponsoring the meeting along with Albania, Brazil, Cyprus, the Czech Republic, France, Greece, Japan, Malta, Switzerland, the U.K. and the LGBTI Core Group, a group of U.N. countries that have pledged to support LGBTQ+ and intersex rights.

U.S. Ambassador to the U.N. Linda Thomas-Greenfield will convene the meeting.

Victor Madrigal-Borloz, the independent U.N. expert on LGBTQ+ and intersex issues, is expected to provide a briefing on LGBTQ+ and intersex rights around the world. María Susana Peralta of Colombia Diversa — an LGBTQ+ and intersex advocacy group in Colombia that participated in talks between the country’s government and the Revolutionary Armed Forces of Colombia that led to an LGBTQ+-inclusive peace agreement then-President Juan Manuel Santos and then-FARC Commander Rodrigo “Timochenko” Londoño signed in 2016 — and Afghan LGBT Organization Director Artemis Akbary are also expected to take part.

“At this meeting, we are asking countries to make specific commitments to address LGBTI human rights concerns in the Security Council,” a senior administration official on Thursday told reporters during a conference call. “So, for example, we ourselves will commit to ask questions of U.N. officials regarding human rights violations of LGBTQI persons. We will also commit to raise in our national statements at the Security Council any reports or abuses or other concerns unique to the LGBTI community, and when appropriate, we’ll propose language in Security Council resolutions where there are egregious violations.”

“Our view is that we need to build on best practices,” said another senior administration official. “And we need to embrace a midset in the Security Council where, as the Council addresses the crisis of the day, members consistently ask relevant questions such as: What can the Security Council do to increase protection for LGBTQI+ persons in this conflict? Or how can we expand the women, peace and security agenda to include intersectional identities? Or have we included the perspectives of LGBTQI+ persons in a peacekeeping mission or in a peacebuilding process?”

Victor Madrigal-Borloz, the independent U.N. expert on LGBTQ+ and intersex issues, speaks at a reception at the Icelandic Embassy in D.C. on Aug. 25, 2022. Madrigal-Borloz will participate in a U.N. Security Council meeting on LGBTQ+ and intersex issues that will take place at the U.N. on March 20, 2023. (Washington Blade photo by Michael K. Lavers)

The Security Council’s first-ever LGBTQ+-specific meeting, which focused on the Islanmic State’s persecution of LGBTQ+ Syrians and Iraqis, took place in 2015. Then-U.S. Ambassador to the U.N. Samantha Power, who is now director of the U.S. Agency for International Development, and then-International Gay and Lesbian Human Rights Commission Executive Director Jessica Stern, who is now the special U.S. envoy for the promotion of LGBTQ+ and intersex rights, are among those who participated.

The Security Council in June 2016 formally condemned the Pulse nightclub in Orlando, Fla. The U.N. Human Rights Council a few months later appointed Vitit Muntarbhorn as the first independent U.N. expert on LGBTQ+ and intersex issues. (Madrigal-Borloz succeeded Muntarbhorn in 2018.)

Then-U.S. Ambassador to the U.N. Kelly Knight Craft and then-U.S. Ambassador to Germany Richard Grenell in 2019 hosted an event on the sidelines of a U.N. General Assembly meeting that focused on efforts to decriminalize consensual same-sex sexual relations around the world. 

President Joe Biden in 2021 signed a memo that committed the U.S. to promoting LGBTQ+ and intersex rights abroad as part of the Biden-Harris administration’s overall foreign policy. Outgoing State Department spokesperson Ned Price later told the Washington Blade the decriminalization of consensual same-sex sexual relations is one of the White House’s five priorities as it relates to the promotion of LGBTQ+ and intersex rights overseas.

Russia one of five permanent Security Council members

The U.S., the U.K., France, China and Russia are the Security Council’s five permanent members. Albania, Brazil, Ecuador, Gabon, Ghana, Japan, Malta, Mozambique, Switzerland and the United Arab Emirates are the 10 non-permanent members.

The United Arab Emirates and Ghana is among the dozens of countries in which consensual same-sex sexual relations remain criminalized.

Gabon and Mozambique over the last decade have formally decriminalized homosexuality. in 2020. 

A Ghanaian lawmaker in 2021 introduced a bill that seeks to criminalize LGBTQ and intersex identity and allyship in the country. Russian President Vladimir Putin late last year signed another so-called propaganda law that specifically targets LGBTQ+ and intersex people.

Russia on Feb. 24, 2022, launched its war against Ukraine.

One of the two senior administration officials who spoke with reporters on Thursday said they do not know if Russia will participate in the meeting. The other official added it is “impossible to have a conversation about the vulnerabilities of LGBTQI people without looking at what’s been happening in Ukraine.”

“I’m sure that’s going to be a question that people are asking,” they said. “I can imagine that it might be referenced in some of the statements by other missions.”

Editor’s note: International News Editor Michael K. Lavers will be at the U.N. on March 20 to cover the meeting.

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Africa

U.S. ambassador to Kenya: Every country must make ‘own decisions’ about LGBTQ+ rights

Meg Whitman’s March 3 comments raised eyebrows

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U.S. Ambassador to Kenya Meg Whitman (Screen capture via Citizen Kenya TV/YouTube)

KAJIADO, Kenya — U.S. Ambassador to Kenya Meg Whitman earlier this month said every country “has to make their own decisions about” LGBTQ+ and intersex rights.

“Every country has to make their own decisions about LGBTQ rights,” she said on March 3 while speaking to reporters in Kenya’s Kajiado County. “In the United States we probably have a different position, which is we view LBTQ rights as human rights, but we respect every country’s point of view on what position they want to take on this and we will respect that, but of course our democratic values and the way we feel is different and that’s okay.”

“Countries have differences,” added Whitman. “We have a very strong working relationship over many years and I think the Kenyan government probably knows the U.S. perspective, in fact I know they do, but we also respect Kenya’s right over this particular issue.”

Kenya is among the countries in which consensual same-sex sexual relations remain criminalized.

The Kenyan Supreme Court on Feb. 24 ruled the National Gay and Lesbian Human Rights Commission, an LGBTQ+ and intersex rights group, must be allowed to register as a non-governmental organization. The country’s groundbreaking intersex rights law took effect last July.

President William Ruto last September told CNN’s Christiane Amanpour before he took office that LGBTQ+ and intersex rights are “not a big issue” in his country. His government last month began to crack down on foreign books with gay content that it feels targets teenagers.

President Joe Biden in 2021 signed a memo that committed the U.S. to promoting LGBTQ+ and intersex rights abroad as part of the Biden-Harris administration’s overall foreign policy. 

First lady Jill Biden on Feb. 25 spoke with young people about condoms, contraception and safer sex practices during her visit to the Shujaaz Konnect Festival in Nairobi, the Kenyan capital. Whitman on March 3 told reporters the $123,124,278.40 (16 billion Kenyan shillings) in aid the U.S. has given to Kenya for food and drought relief is not connected to the country’s LGBTQ+ and intersex rights policies.

“I want to underscore there is absolutely no linkage at all between that food and drought relief and Kenya’s stance on LGBTQ,” said Whitman.

A State Department spokesperson on Monday in a statement to the Washington Blade said “our position on the human rights of LGBTQI+ persons is clear. Human rights are universal.”

“A person’s ability to exercise their rights should never be limited based on sexual orientation, gender identity or expression, or sex characteristics,” said the spokesperson. “Governments should protect and promote respect for human rights for each and every human being, without discrimination, and they should abide by their human rights obligations and commitments.”

Whitman on Monday in a tweet reiterated this point. She also said she met with LGBTQ+ and intersex activists.

“Over the past week my team and I met with the LGBTQI+ community and stakeholders to support human rights of LGBTQI+ persons,” tweeted Whitman. “The U.S. proudly advances efforts to protect LGBTQI+ persons from discrimination and violence and will continue to stand up for human rights and equality.”

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Africa

Namibian Supreme Court hears three LGBTQ+ rights cases

Consensual same-sex sexual relations remain criminalized

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Activists gather outside the Supreme Court of Namibia on March 3, 2023, after the hearing of a case to recognize same-sex marriages legally performed outside the country and afford foreign spouses in these marriages spousal rights. (Photo by Arlana Shikongo)

WINDHOEK, Namibia — The Supreme Court of Namibia will soon issue rulings in three pivotal cases involving LGBTQ+ and intersex people that will set a precedent for the recognition of same-sex marriages and spousal immigration rights for non-Namibian partners. 

Furthermore, a case is soon to be heard in the country’s high court that will challenge the southern African nation’s antiquated sodomy law. 

These cases have incited public debate around LGBTQ+ and intersex rights in a country where homosexuality is a controversial and polarizing subject.

This is the first time since 2001 that Namibia’s highest court will hear cases regarding same-sex relationships. It is also the first time the high court will hear arguments regarding the sodomy law.

The first hearing, which took place on March 3, was the joint cases of Digashu and Seiler-Lilles versus the government.

The applicants — both foreign nationals married to Namibian citizens — in both cases are seeking recognition of their marriages concluded outside Namibia in order to access spousal immigration rights such as permanent residence and employment authorization. 

The second hearing, which took place on March 6, was in the case of a Namibian man married to a Mexican man seeking citizenship by descent for their children born via surrogate. The government has demanded DNA testing to prove that the Namibian national is the biological father to the children. 

In the last case, a gay Namibian man is not only challenging the constitutionality of the country’s sodomy law but also the prohibition of “unnatural sexual offenses.” 

While the cases represent a crucial moment for the country’s LGBTQ+ and intersex community and their rights, individual people and families fighting a fight bigger than they had foreseen are at the center of these cases. 

Marriage, immigration and the law

South African citizen Daniel Digashu married Namibian national Johann Potgieter in South Africa in 2015. The couple and their son moved to Namibia in 2017.

While the move was favorable for the family, the law around same-sex marriage was not.

Digashu’s first encounter with the Home Affairs and Immigration Ministry was not to have them officially recognize his marriage. He was applying for a permit allowing him to work in the country in the company that he jointly started with his husband. 

“We’ve always had a dream to live on a farm and run this tourism company. We registered the company first, about six months before we officially moved,” Digashu said. 

He said the ministry advised him against applying for permanent residency because the country does not recognize his marriage. Officials instead told him to seek a work permit.

Despite assurances from the ministry’s personnel, the application was denied. Digashu filed an appeal, and that was denied too. 

From this moment to today, Digashu has lived a life in limbo. 

Due to the ongoing court cases, he is able to renew his visitor’s visa every few months. This, he said, comes with exhausting administrative costs that legal fees exacerbate.

Digashu said the process has put psychological, emotional and financial strain on his family. 

“Prior to finding funding it had been quite difficult financially. It is not something that a lot of people would afford. I don’t think we even could afford it. That’s why we sought out and looked for funding and luckily we found that,” he said.

As they await the judgment of their hearing, everything remains the same for Digashu and his family: His husband remains the sole breadwinner as Digashu himself still cannot work.

Namibian citizen Anette Seiler and her German wife Anita Seiler-Lilles face the same dilemma.

Neither expected to become cornerstones of the advocacy around marriage equality and LGBTQ and intersex rights in Namibia. 

“We didn’t plan to come to Namibia in the early 2000s,” said Seiler. “We thought we might want to come back when Anita didn’t have to work anymore, and that would be many years later. So, we didn’t think so much in terms of gay rights in Namibia at that time.”

“It was a very personal thing for us to get married. We were not active in Namibia or Germany in the gay community,” she added. 

Both couples have received copious amounts of support from the local LGBTQ+ and intersex community and civil society as they fight to be afforded the same spousal rights that would be granted to opposite-sex couples. 

Citizenship by descent and the right to family

As Namibia grapples with the recognition of same-sex marriages, the right to family and protections of them is another matter that has come under scrutiny.

Namibian citizen Phillip Lühl and his husband, Mexican national Guillermo Delgado, are fighting for their children born via surrogacy to be granted Namibian citizenship by descent. 

Delgado and Lühl say they are fighting for their children’s birthright.

While both fathers are listed on the children’s South African birth certificates, the Namibian government has demanded DNA proof that Lühl is the biological parent of the children. 

“The fact is that any other South African birth certificate is accepted but in our case it’s not because we’re of the same sex. In the case of a heterosexual couple, nobody will ever ask for any proof or dispute the validity of the document, but in our case it is,” Lühl said. 

The children have been granted Mexican citizenship by descent after a rigorous process that ended with the country’s Foreign Affairs Ministry granting it.

“They initially were not favorable but concluded that Mexico would recognize a process that was duly and procedurally done in a constituency that they recognize, namely South Africa,” Delgado explained. 

The family nevertheless plans to stay in Namibia and continue to fight the government for their children’s birthright and the recognition of their family.

Their case scrutinizes the ambit of the Namibian Constitution, which affords all its citizens protection against discrimination and the right to family. 

‘Apartheid-era’ sodomy law

In the final case, Namibian gay activist Friedel Dausab has filed a constitutional challenge against the common law crime of sodomy and the prohibition of “unnatural” sexual acts. 

Dausab brought a case against the government in June 2020 stating that the law promotes stigma and exclusion, and instigates the criminalization of consensual same-sex sexual acts between men.

Dausab argues that the offenses under the law are incompatible with the constitutional rights to equality, dignity, privacy, freedom of association and freedom of expression. He also argues that the crime of “unnatural sexual offenses” is too vague to be compatible with the constitution.

“I am challenging these laws as a lifelong and dedicated activist because I am acutely aware that criminalization is a clear obstacle to living a full, open, honest and healthy life,” he said.

Namibian Attorney General Festus Mbandeka in a recent affidavit he submitted to the high court said same-sex sexual conduct is immoral and unacceptable to many Namibians. Mbandeka further denied the existence of the sodomy law stigmatizes gay men. 

“If these men suffer any stigma it is in consequence of their choice to engage in sexual conduct considered to be morally taboo in our society,” Mbandeka said.

While it is reported that 64 sodomy-related arrests were made between 2003-2019, the offenses are rarely enforced. The country’s Criminal Procedure Act 51 of 1977 nevertheless lists “sodomy” as a Schedule 1 offense.

The U.K.-based organization Human Dignity Trust says this listing means that either a police officer or an ordinary citizen can arrest anyone who is reasonably suspected of having committed the offense without needing a warrant. It is legal to use lethal force to kill them if the suspect attempts to evade arrest.

Namibia remains one of the few countries in southern Africa that is yet to abolish its sodomy law. Angola, Botswana, Lesotho, Mozambique and South Africa have already done so. 

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Eastern Europe

Hungary’s Justice Minister vows to fight EU on anti-LGBTQ law

The law that banned the promotion of homosexuality and sex-reassignment surgery to minors in Hungary took effect on July 8, 2021

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Hungarian Justice Minister Judit Varga (Photo credit: Judit Varga, Government of Hungary/Facebook)

BUDAPEST – In a Facebook post on Wednesday, Hungarian Justice Minister Judit Varga stated that the government of Prime Minister Viktor Mihály Orbán would continue to battle the European Commission over Hungary’s anti-LGBTQ education law that the EU governing body maintains discriminates against people on the basis of sexual orientation and gender identity.

Varga wrote in her post [Translated]:

Today I filed a complaint with the Court of the European Union regarding the breach of obligations initiated under the Hungarian Child Protection Act. We continue to stick to our conviction and those enshrined in the Charter of Fundamental Rights of the European Union, that education is a national jurisdiction and it is the right of the parents to decide on the upbringing of children.

As before, we will continue to go against the wall when it comes to the protection of our children. Cases revealed in recent weeks prove that there is a great need for the Child Protection Act and even further measures. 🇭🇺✌🏻

Hungary will not surrender! 🇭🇺

Today I filed a counterclaim to the Court of Justice of the European Union over the infringement procedure on Hungary’s Child Protection Act. We continue to stand by our conviction and the Charter of Fundamental Rights of the European Union that education is a national competence and that parents have the right to decide on the upbringing of their children.

Like before, we will go clear on to the end when it comes to protecting our children. The cases that have come to light in recent weeks clearly shows the need for a child protection law as well as further measures. 🇭🇺✌

The law that banned the promotion of homosexuality and sex-reassignment surgery to minors in Hungary was signed into law by Prime Minister Orbán and took effect on July 8, 2021. At the time, the Háttér Society, a Hungarian LGBTQ rights group said in a statement:

“The homophobic and transphobic amendments to the law, which came into force on July 8, 2021, stigmatize LGBTQI people, deprive LGBTQI youth of information that is vital to them, and illegally restrict freedom of speech and the right to education.” 

Reuters reported the standoff comes at a time when the EU has suspended the disbursement of billions of euros of much-needed EU funds to Hungary until Budapest implements reforms to improve judicial independence and tackle corruption.

Orban, who has publicly proclaimed that he is a “defender of traditional family Catholic values,” has been criticised by international human rights groups as discriminating against LGBTQ+ people with this law which European Commission President Ursula von der Leyen called a “disgrace.”

Court of Justice in the Palais de la Cour de Justice
(EU/ Creative Commons Attribution-Share Alike 4.0 International license)

The European Commission referred Hungary to the Court of Justice of the EU over the anti-LGBT law in mid-2022. The commission has said it considers that the law violates the EU’s internal market rules, the fundamental rights of individuals and EU values.

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Canada

Canada to expunge records of people convicted under “unjust” laws

New regulations also allow expungements of convictions under old laws that criminalized abortion & targeted queer people in bathhouses & clubs

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By Rob Salerno | OTTAWA – The government of Canada announced on March 7 that new regulations were in place allowing people who had been convicted of historically unjust offences that targeted queer people and women seeking abortions to have their criminal records expunged.

Under the new regulations, people who have been convicted of the offences related to being found in a “bawdy house” or putting on an “indecent performance” or exhibition – offences that had in the past been used to target queer people – as well as various offences related to seeking or providing an abortion, can now apply to the Parole Board of Canada to have all records of their conviction destroyed. Deceased persons can have their records expunged by a representative. There is no fee to apply for the expungement.

The regulations are an expansion of the 2018 “Expungement of Historically Unjust Convictions” law, which originally allowed men who were convicted under laws banning “gross indecency,” “buggery,” and “anal sex” to have their records wiped.

“We need to recognize the historic injustices that wrongly targeted vulnerable communities,” said Public Safety Minister Marco Mendicino of the new regulations in the House of Commons. “This is about recognizing the legacy of discrimination suffered by women and members of the 2SLGBTQIA+ community while protecting their right to choose and access safe reproductive health care. This is one more step toward building a compassionate, inclusive and diverse country.”

According to the government’s analysis included in the announcement of the new regulations, the RCMP National Repository of Criminal Records identified 18 579 records related to bawdy houses and indecent acts and 67 abortion-related convictions that may be eligible for expungement. The Parole Board is expecting up to 2500 people to apply for expungements. 

Canada’s “bawdy house” law formerly criminalized anyone who worked in or was found in a place where prostitution or indecency occurred. The intentionally vague law was used regularly as an excuse to raid queer spaces – particularly bath houses. 

Coordinated raids on four bathhouses in Toronto in 1981 led to the arrests of more than 300 men in one of the largest mass arrests in Canadian history. The event, dubbed “Operation Soap” by Toronto Police, sparked massive protests that are frequently cited as the start of Toronto’s Pride Festival. Bathhouse aids continued to be a semi-regular occurrence in Canada until 2002, when Toronto Police raided a lesbian event called “Pussy Palace.” In 2005, the Supreme Court ruled that consensual sex in a bawdy house is not indecent, and therefore not illegal, significantly narrowing the scope of the law. 

Abortion in Canada was generally illegal unless a hospital committee determined that it was necessary to save the life of the mother until 1988. That year, the Supreme Court struck down Canada’s abortion laws as a violation of women’s right to life, liberty and security of the person. 

The bawdy house and abortion laws were finally repealed from the Criminal Code in a general overhaul that had also struck out defunct laws that established a different age of consent for anal sex. The indecency law remains in the Criminal Code, but its use is generally limited. 

Although the entire bawdy house law was repealed, the expungement order explicitly does not apply to anyone whose conviction stems from a bawdy house used for sex work or anyone who engaged in sex work in a bawdy house. The expungement order also does not apply to convictions for indecent acts that occur outside a bawdy house, for example, cruising in a public park. 

“Canadians deserve non-discriminatory policies that put their safety first, which is why the Government of Canada recognizes that past laws and regulations were unjust and compromised the freedoms of 2SLGBTQI+ communities and women,” Minister for Women, Gender Equality and Youth Marci Ien said in a press release.

The government of Prime Minister Justin Trudeau has taken a number of steps to address historic injustices against 2SLGBTQI+ Canadians since being elected in 2015. In addition to repealing unjust laws and creating the record expungement program, the government issued an apology for past persecution of queer Canadians in 2017, and reached a settlement with queer government employees who had been purged from the civil service from the 1950s to the 1990s.The government also prohibited discrimination based on gender identity and expression under the Canada Human Rights Act, banned conversion therapy, and recently ended the ban on blood donations from gay men. However, a regulation banning gay men from donating sperm still exists in Canada.

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Rob Salerno is a writer, journalist and actor based in Los Angeles, California, and Toronto, Canada.

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Asia

Members of Congress meet with Transgender activist in Japan

California Congressman Mark Takano among trip participants

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Fumino Sugiyama (Photo courtesy of Congressman Maxwell Alejandro Frost's Twitter page)

TOKYO — A group of U.S. lawmakers last month met with a prominent Transgender activist in Japan while they were in the country.

U.S. Reps. Mark Takano (D-Calif.), Maxwell Alejandro Frost (D-Fla.), Alexandria Ocasio-Cortez (D-N.Y.), Frank Pallone (D-N.J.) and French Hill (R-Ark.) met with Fumino Sugiyama, a former member of Japan’s female fencing team who is now fighting for legal recognition of Trans people in Japan. The D.C.-based Maureen and Mike Mansfield Foundation, which organized the congressional delegation that also included a trip to South Korea, arranged the meeting.

“Members of the delegation were very, very impressed with Fumino,” Takano told the Washington Blade last week during a telephone interview.

Frost, who is the first Gen Z’er elected to Congress, on Feb. 24 in a series of tweets praised Fumino and his advocacy efforts.

“One of my favorite meetings in Tokyo was meeting with Trans organizer and activist, Fumino Sugiyama,” tweeted Frost. “Japan is still working through passing real anti-discrimination laws to protect LGBTQ+ folks and I felt incredibly inspired by Fumino and his fight.”

“He laid out the struggle and how the community is battling both legal and cultural roadblocks to even be recognized,” said Frost. “I spoke with him about the current fight in Florida and how Gov. DeSantis is targeting LGBTQ+ kids.”

Frost also said he is “working on setting up a virtual meeting between Fumino and a student activists in Florida.”

“I think his story can provide some inspiration for the struggle here,” he said.

The trip began on Feb. 20 and ended on Feb. 26.

Takano arrived in Japan before the trip began.

The openly gay man of Japanese descent visited Pride House Tokyo, the country’s first permanent LGBTQ+ and intersex community center that opened ahead of the 2021 Summer Olympics that took place in Tokyo. 

Takano participated in a “fireside chat” with LGBTQ+ and intersex Japanese people and expatriots, and met with a Goldman Sachs executive who he said is one of the few prominent people in the country who is out.

“Japan is still, pretty much I would say a ‘Don’t Ask, Don’t Tell’ society, but unlike the United States, Japan as a whole does not have violent homophobia where people are beat up or gay bashed or that kind of thing,” said Takano. “There is harassment and bullying in the schools. People face discomfort in the workplace and … until now it’s not like a coming out kind of society, but it’s not a place where (homosexuality is) criminalized and people suffer violence.”

From left: U.S. Reps. Maxwell Alejandro Frost (D-Fla.) and Mark Takano (D-Calif.); Japanese Minister of Economy, Trade and Industry Yasutoshi Nishimura; U.S. Reps. French Hill (R-Ark.) and Alexandria Ocasio-Cortez (D-N.Y.) (Photo courtesy of Mark Takano’s office)

U.S. Ambassador to Japan Rahm Emanuel also invited Takano to attend a reception with members of the Japanese Diet (legislature)’s LGBT Caucus. (Takano noted to the Blade that none of them are openly LGBTQ+ or intersex.)

“I got a great sense of where things were, the state of play of this question of nondiscrimination language,” said Takano.

The trip began less than a month after Prime Minister Fumio Kishida’s top aide, Masayoshi Arai, told reporters that he would “not want to live next door” to a same-sex couple and he does “not even want to look at them.” Arai also said marriage equality in Japan would “change the way society is” and “quite a few people would abandon this country.”

Kishida fired Arai.

The prime minister on Feb. 17 apologized for Arai’s comments during a meeting with Pride House Tokyo President Gon Matsunaka and other LGBTQ+ and intersex activists. Kishida on Feb. 28 nevertheless said he does not feel the lack of marriage rights for same-sex couples in Japan is discriminatory.

Members of the opposition Constitutional Democratic Party this week introduced a marriage equality bill in the Diet lower house. 

Takano noted 20 members of the “hardline” Abe faction of Kishida’s ruling Liberal Democratic Party that former Prime Minister Shinzo Abe led before his 2022 assassination remain the main stumbling block to marriage equality and efforts to ban discrimination based on sexual orientation and gender identity. Takano stressed, however, the activists with whom he spoke in Japan welcome the increased attention around these issues.

“The fact that he’s having to comment on marriage equality is indicative of the Japanese media focusing attention on LGBT issues,” he said, referring to Kishida. “The sense among Japanese queer activists is that keeping the LGBT issue, or LGBT issues on the front page is very much something that works to their advantage.”

U.S. Rep. Mark Takano (D-Calif.) speaks with Japanese reporters at Pride House Tokyo (Photo courtesy of Takano’s office)

Takano further acknowledged Arai’s comments and reaction to them has sparked a renewed debate about LGBTQ+ and intersex rights in the country.

“He (Arai) really hasn’t suffered a huge consequence for those remarks,” said Takano, noting Arai remains in his post with the Japanese Ministry of Economy, Trade and Industry. “The question in Japan right now is will they just enact a law that is symbolic and checks the box, or will they advance substantive LGBT nondiscrimination protections.”

Takano referenced a Kyodo News poll that indicates 65 percent of people in Japan support legal protections for LGBTQ+ and intersex people. This figure increases to 80 percent among young people.

“It’s no wonder the activists are saying keep this in the news,” he said.

Takano was with then-House Speaker Nancy Pelosi (D-Calif.) when she led a congressional delegation to Japan, South Korea, Taiwan, Malaysia and Singapore last summer. Takano led a congressional delegation to Japan in November 2021.

“Japan plays such a key role in the Indo-Pacific as America’s most vital ally,” he said. “Japan moving forward in this area of LGBT rights and equality, I believe, will be highly consequential to progress in Asia as a whole.” 

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Eastern Europe

Ukrainian lawmaker introduces bill to legally recognize same-sex couples

President Volodymyr Zelenskyy backs civil partnership law

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A Pride commemoration in Kharkiv, Ukraine, on Sept. 25, 2022. A Ukrainian MP has introduced a bill that would legally recognize same-sex couples in the country. (Photo courtesy of Sphere Women's Association)

KYIV, Ukraine — A Ukrainian MP has introduced a bill that would extend legal recognition to same-sex couples.

Inna Sovsun in a series of tweets notes 56 percent of Ukrainians “support same-sex partnerships” and she hopes “the majority of the Parliament, including [President Volodymyr Zelenskyy)’s party will take the lead from the people.”

“Ukrainians can no longer wait for equality,” said Sovsun. “We must do it immediately. LGBT Ukrainians deserve to have a family. Every day can be their last. Just like for any other Ukrainian. There is no time for hesitation. Let’s legalize same-sex partnerships in Ukraine already this year.”

Russia on Feb. 24, 2022, launched its war against Ukraine.

“Every day, Ukrainian LGBT military personnel put themselves in danger protecting us,” said Sovsun. “Yet if they are in relationships, the state does not recognize those. This means that their partners do not have the same benefits as partner (sic) in heterosexual relationships.”

“This includes some very unsettling sitaution (sic),” she added. “If (an) LGBT military person is wounded, his/her partner would not be able to make decisions about his/her medical treatment.”

Zelenskyy last summer said he supports a civil partnerships law for same-sex couples. 

Ukrainian lawmakers late last year unanimously approved a media regulation bill that bans hate speech and incitement based on sexual orientation and gender identity.

Ukrainian Ambassador to the U.S. Oksana Markarova during a Jan. 26 event in D.C. that highlighted LGBTQ+ and intersex servicemembers in her country applauded Kyiv Pride and other advocacy groups. Markarova acknowledged “not everything is perfect,” but added Ukraine is “moving in the right direction.”

“We together will not only fight the external enemy, but also will see equality,” she said.

Ruslana Hnatchenko, funding manager of the Sphere Women’s Association, a Kharkiv-based group that promotes LGBTQ+ and intersex rights in Ukraine, last month told the Washington Blade during a Zoom interview from the Hungarian capital of Budapest that conservative politicians, prominent figures within the Ukrainian and Russian Orthodox Churches and many Ukrainians themselves remain opposed to LGBTQ+ and intersex rights. Hnatchenko said she believes Zelenskyy “believes in human rights,” but the landscape to advance LGBTQ+ and intersex rights in her country remains complex.

“He (Zelenskyy) is kind of between a rock and a hard place in that sense, but I believe that human rights in Ukraine will overcome, especially after our victory,” said Hnatchenko. “We will make progress.”

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