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Inter-American court rules Honduras responsible for transgender woman’s murder

Vicky Hernández killed after 2009 coup

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Vicky Hernández (Photo courtesy of Cattrachas)

Reportar Sin Miedo is the Los Angeles Blade’s media partner in Honduras. Reportar Sin Miedo published an original version of this article on their website on Monday.

TEGUCIGALPA, Honduras — In an unprecedented decision in the history of Honduras, the Honduran state was found guilty today of the extrajudicial execution of transgender activist Vicky Hernández, which occurred on the night of June 28-29, 2009.

The crime occurred during a curfew after the coup that overthrew former President Manuel Zelaya to install Roberto Micheletti’s de facto government.

The Inter-American Court of Human Rights’ ruling against the Honduran state is a milestone in the history of justice in the country and for LGBTIQ+ populations in Latin America.

This ruling, unprecedented in Honduran history, came after 12 years of struggle by Hernández’s family and a team of professionals led by Red Lésbica Cattrachas, Robert F. Kennedy Human Rights and other Honduran organizations.

The ruling against the Honduran state, and in favor of Vicky’s family, is an extraordinary event that will result in more protection for all trans, lesbian, gay and bisexual people in Honduras. It is also a precedent for any LGBTIQ+ person violated in Latin America due to discrimination.

Twelve years of fighting for Vicky

The court’s decision against the state of Honduras is the culmination of 12 years of work by a team of lawyers and Hernández’s family. The trans activist was 26-years-old when she was murdered by state security forces, according to her lawyers’ arguments.

The defense work culminated in two virtual hearings before the court in November 2020 in which experts and witnesses from Honduras and the rest of the Americas participated.

Hernández’s lawyers throughout the hearings argued that the Honduran state security forces were responsible for her death, since they were the only ones who could move freely through the streets of San Pedro Sula during the post-coup curfew.

The defense also argued that the State did not perform an autopsy on the corpse or hid it with the excuse that Hernández suffered from HIV/AIDS.

For Cattrachas Coordinator Indyra Mendoza, the important thing is to get “the court to rule on the extrajudicial execution and to investigate the chain of command. Why? Because this makes us equal in the Honduran collective imaginary.”

Justice for all

With today’s guilty verdict against the state of Honduras, justice has been achieved not only for Vicky’s death, because 14 trans women, 16 gay men and many more people were murdered during the coup, according to Mendoza.

This unprecedented sentence means more than justice in Vicky’s case.

“This is the opening for them to see that no struggle is exclusive to one group of people,” Mendoza adds. “If the amnesty given in the coup d’état is eliminated, it would be a great LGTBI contribution to this country where the human rights of journalists, lawyers, defenders of indigenous territories, Garifunas and villagers are violated.”

Vicky Hernández’s mother with her other daughter, Tatiana. (Photo courtesy of Reportar Sin Miedo)

It is a huge win for Vicky’s mother, Rosa Hernández, who has been demanding “justice for all” for 11 years.

“They have to respect the rights of them for being trans and of them for being lesbians, because they are human. Why discriminate against them? There can’t be discrimination,” adds Rosa, who is 66-years-old.

This brave woman has been at the forefront of the struggle to vindicate the memory of trans women from San Pedro Sula, in northern Honduras, for the past 11 years. With this ruling, her dream of justice is fulfilled.

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Asia

Hong Kong activist dismisses calls for Gay Games boycott

WTA suspended China tournaments after tennis player disappeared

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Hong Kong Marriage Equality Co-founder Gigi Chao (Photo courtesy of OutRight Action International)

HONG KONG — An LGBTQ activist in Hong Kong on Tuesday dismissed calls to boycott the 2023 Gay Games over China’s human rights record.

“In Hong Kong, the team behind Gay Games has really worked tirelessly to bring it to Hong Kong and it will be a very good opportunity to showcase diversity and people working together and the human spirit at its best,” Gigi Chao told the Los Angeles Blade during a telephone interview from Hong Kong. “So, if it all gets rather political and if you twist the sentiments of what they want China to be, it will just really not work.”

Chao is the co-founder of Hong Kong Marriage Equality, a group that seeks to extend marriage rights to same-sex couples in the former British colony. Chao also founded the Faith in Love Foundation, a group that seeks to increase awareness of LGBTQ issues in Hong Kong.  

Chao is a member of the OutRight Action International board of directors. Chao is slated to speak in the group’s annual summit that will take place virtually this week.

“All eyes are peeled on the events of next year: The Beijing Olympics, the relationship between Beijing and the U.S. as relationships either improve or sour over the course of the next 12 months and also trade and the global economic situation … it’s not a rosy picture by all means,” Chao told the Blade. “Everybody is bracing for the worst in terms of how the world recovers from COVID, but LGBTIQ rights continue.”

Chao said Dennis Philipse, a Hong Kong resident who co-chairs Gay Games Hong Kong, and his colleagues “want the Gay Games to be a celebration of the human spirit in terms of sport.”

“In Hong Kong, there’s certainly no shortage of people engaged in sport and enjoying sports,” said Chao.

Gay Games Hong Kong in September announced the postponement of the quadrennial event until 2023 because of the pandemic. The Federation of Gay Games, which oversees the Gay Games, awarded the games to Hong Kong over D.C. and Guadalajara, Mexico.

Hong Kong was a British colony until China regained control of it in 1997.

Upwards of 2 million people took part in pro-democracy protests that took place in Hong Kong in 2019.

Hong Kong’s National Security Law, which, according to human rights activists, makes it easier for authorities to punish anyone who challenges the Chinese government, took effect in 2020. Hong Kong Chief Executive Carrie Lam, who is closely aligned with the Chinese government, supports the statute.

The Women’s Tennis Association last week announced the suspension of tournaments in Hong Kong and throughout China in response to the disappearance of Peng Shuai, a Chinese tennis star, after she publicly accused former Vice Premier Zhang Gaoli of sexual assault. The Biden administration on Monday announced a diplomatic boycott of the 2022 Winter Olympics that are slated to take place in Beijing in February.

“The Federation of Gay Games continues to monitor the situation in Hong Kong regarding COVID-19, the National Security Law and all other aspects that affect the safety and security of our event,” Sean Fitzgerald, co-president of the Federation of Gay Games, told the Blade in a statement after the Women’s Tennis Association announced it had suspended all of its tournaments in China. “We are committed to hosting Gay Games 11 in Hong Kong in November 2023.”

Chao acknowledged Gay Games organizers are “facing a lot of opposition from all directions.” Chao also noted Hong Kong’s government is “not actually positively promoting it.”

“If we can get really high-profile athletes to participate, I think that’s going to be a huge call for everybody to participate,” said Chao.

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Canada

Canada moves a step closer to banning conversion therapy

Bill will become law once it receives royal assent

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health disparities, gay news, Washington Blade
Parliament Hill - Colline du Parlement Ottawa, Ontario, Canada (Public domain)

Update: The bill has received royal assent, and will take effect in 30 days.

OTTAWA, Ontario — The Canadian Senate on Tuesday approved a bill that would ban so-called conversion therapy in the country.

Attorney General David Lametti and Women and Gender Equality and Youth Minister Marci Ien last week introduced the measure that would amend Canada’s Criminal Code to ban the widely discredited practice. The Canadian House of Commons on Dec. 1 unanimously approved the bill.

“Our government’s legislation to ban conversion therapy in Canada is one step closer to becoming law,” tweeted Prime Minister Justin Trudeau on Tuesday. “To everyone who has made this possible, thank you. Let’s keep building a country where everyone is free to be who they are and love who they love.”

Lametti in his own tweet noted the bill will become law once it receives royal assent.

Canada would join Malta and a handful of countries that ban conversion therapy once the law takes effect.

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South America

Chile marriage bill receives final approval

South American country legalized civil unions in 2015

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Chile, gay news, Washington Blade
(Washington Blade photo by Michael K. Lavers)

VALPARAÍSO, Chile — A bill that will extend marriage rights to same-sex couples in Chile received final approval on Tuesday.

The Chilean Senate and the Chilean House of Representatives approved the marriage equality bill that passed in the lower house of the country’s Congress on Nov. 23. That vote took place two days after the first round of the country’s presidential election took place.

A final vote on the bill was expected to have taken place last week, but senators unexpectedly opposed it.

A commission with members of both houses of the Chilean congress approved the bill on Monday.

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