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Argentina becomes first Latin America country to issue non-binary IDs

Country remains at forefront of trans, gender non-conforming rights

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(Photo by Bigstock)

BUENOS AIRES, Argentina — Argentina on Wednesday became the first country in Latin America to issue ID cards that are specifically for non-binary people.

President Alberto Fernández issued a decree that allows non-binary Argentines to choose an “X” gender marker on their National Identity Document or DNI.

“The recognition of the gender identity of people who identify themselves outside gender binary norms is a big advance for the entire society, because it puts to an end the mandatory imposition of ‘male’ or ‘female’ categories,” reads Fernández’s decree. “The decree implements the rights recognized under the Gender Identity Law, interpreting its scope beyond binaryism.”

The Gender Rights Law that took effect in 2012, among other things, allows Argentines to legally change their gender without medical intervention. Fernández last September signed a decree that requires at least 1 percent of all jobs in the country’s public sector to go to transgender people.

Marcela Romero, a Buenos Aires-based trans activist who is also a member of REDLACTRANS (The Latin America and Caribbean Network of Transgender People) Executive Board, in a statement said the decree “once again positions Argentina” as a world leader in extending rights to gender non-conforming people.

Mariano Ruiz, another Argentine LGBTQ rights activist, echoed Romero.

“The recognition of the identity of non-binary people by the State leaves no doubt about the interpretation of the Gender Identity Law,” Ruiz told the Los Angeles Blade on Wednesday.

Ruiz also noted the public sector employment law is named after two trans activists — Diana Sacayán, who was killed in 2016, and Lohana Berlina, who died in 2012.

“Once again and after the recent approval of the Diana Sacayán-Lohana Berlina Labor Quota Law, the Argentine government has shown its firm commitment to sexual and gender diversity and sets the course for where the Latin America region should go,” said Ruiz. “We hope that this is only the beginning and we will soon have a new law against discriminatory acts, a comprehensive law for trans people and a new law for HIV and viral hepatitis.”

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Caribbean

Jamaican man attacked after using gay dating app

Victim’s penis partially severed before he was set on fire

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A Jamaican and Pride flag fly on the beach in Montego Bay, Jamaica, on Oct. 15, 2018. (Photo courtesy of Maurice Tomlinson's Facebook page)

MONTEGO BAY, Jamaica — An 18-year-old Jamaican man remains hospitalized in critical condition after he was targeted on a gay dating app.

The Jamaica Gleaner reports the victim on Oct. 11 went to a neighborhood in Montego Bay, a resort city that is the capital of Jamaica’s St. James Parish, to meet the man with whom he was speaking.

The newspaper reports the man and two other men abducted the victim, robbed him and partially severed his penis before they set him on fire. Officials said the three men took his cell phone and used his bank card to withdraw money from his account.

“He is a very lucky young man because although they left him in a critical condition, he managed to make his way to a security checkpoint in the community where they assisted him to the hospital, where he was admitted in critical condition,” a local police officer told the Jamaica Gleaner.

The Jamaica Gleaner reported a 43-year-old man in St. James Parish disappeared in January 2020 after he went to meet someone with whom he had spoken on a gay dating website. Authorities later found the man’s body, and two men have been charged with his murder.

Violence against LGBTQ Jamaicans remains commonplace. Consensual same-sex sexual relations also remain criminalized in the country.

J-FLAG, a Jamaican LGBTQ rights group, has condemned the latest attack.

“Like all well-thinking Jamaicans at this time, JFLAG is outraged at the recent attack on an 18-year-old man in St. James,” tweeted J-FLAG on Sunday. “His attackers must be brought to justice.”

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Africa

Botswana attorney general seeks to again criminalize homosexuality

High Court heard case on Oct. 12

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(Public domain photo)

GABORONE, Botswana — On June 11, 2019, Botswana moved toward being a state that no longer held some of its citizens (and, by extension, visitors) as criminals if they identified within the LGBTQ spectrum. However, the government didn’t take too long before it declared its intention to appeal the High Court judgment that asserted that consensual same-sex sexual activity in private was not to be a criminal act.

The appeal hearing took place on Oct. 12.

There are some key things to understand about what the High Court did for people in Botswana. The judgment, written and delivered by Justice Leburu, not only put a clear delineation between the state’s powers to intrude in people’s private sexual lives, but it also stated that laws that served no purpose in the governance of the people they oversaw were most likely worthy of “a museum peg” more than being active laws of the land.

In the hearing on Oct. 9, a full bench of five judges of the Court of Appeal was treated to the government’s case—as presented by advocate Sydney Pilane of the Attorney General’s Chambers—along with hearing the rebuttals from the legal counsel representing Letsweletse Motshidiemang, who brought the original case against the government, and LEGABIBO, an NGO admitted as amicus curiae, a friend of the court. The appeal, two years in the making, would have been expected to be based on facts rather than opinions of what could and could not be accepted by hypothetical Batswana. Pilane even went so far as to contest that President Mokgweetsi Masisi’s utterances about how people in same-sex relationships were “suffering in silence” were taken out of context as he was talking about gender-based violence and not endorsing their relationships.

The 2019 ruling of the High Court, the most supreme court of incidence in the country, not only declared people who were or had interest in engaging in consensual same-sex sexual activity not criminals, but it also allowed non-queer people to engage in sex acts that would otherwise be considered “against the order of nature” freely. The latter clause had often been interpreted as being solely about non-heterosexuals but on greater interrogation one realizes that any sex act that doesn’t result in the creation of a child was considered against this ‘order of nature’ and that nullified much of heterosexual sexual exploration—further painting these clauses as out of touch with contemporary Botswana as Leburu expressed.

In some of his appeal arguments, Pilane stated that Batswana “do not have a problem with gay people”, yet he based his contention on the fact that Batswana “respect the courts’ decisions;” as such they would not take up arms at the court’s decision to decriminalize consensual same-sex sexual activity. Pilane maintained that the decision to decriminalize should be left to the Parliament on the recommendation of the courts. The bench was swift to query whether a body of politicians elected by a majority would be the best representatives of a minority that was oppressed by laws that the very politicians benefitted from.

Botswana’s legal system allows for the High Court ruling to remain the law of the land until such a point as it’s struck down. The Court of Appeal ruling in favor of Batswana’s sexual liberties will be a nail in the proverbial coffin of residual colonial sex-related laws plaguing Botswana. This will not be the end by any means though. Where the attorney general can form a case stating that decriminalizing consensual same-sex relations could be likened to people locking themselves in their houses with animals and having their way with them, we know that mindset changes need to be prioritized to ensure that all Batswana understand their constitutionally protected rights to privacy, expression, and freedom of association as relates to their personal and sexual lives.

The 2010 Employment Act of Botswana already protects people from being discriminated against based on their sex or gender identity. The nation’s sexual violence laws were made gender neutral, thus covering non-consensual sex (rape) in all its possibilities. In upholding the ruling of the High Court, the Court of Appeal will allow the LGBTQ and SOGIESC (sexual orientation, gender identity and expression and sex characteristics) movements in Botswana some respite as attention is then channeled toward other pressing matters such as name changes, access to healthcare, and other culturally pertinent issues.

The Court of Appeal is expected to hand down a judgement following their deliberations in 4-6 weeks (mid to late November), however, this remains at their discretion. As it stands, since the High Court ruling in 2019, Botswana has experienced increased social accommodation for LGBTQ matters and figures—however, this is not to say there have not been any negative instances. With the continued sensitization, the expectation is that the courts, the government and NGO players will all contribute to a broad, national, culturing of LGBTQ rights in Botswana devoid of colonial residues.

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United Nations

U.S. regains U.N. Human Rights Council seat

Previous administration withdrew from body in 2018

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(Photo by sanjitbakshi; courtesy Flickr)

UNITED NATIONS — The U.S. on Thursday regained a seat on the U.N. Human Rights Council, three years after the previous administration withdrew from it.

The U.S. won election to the council alongside Argentina, Benin, Cameroon, Eritrea, Finland, Gambia, Honduras, India, Kazakhstan, Lithuania, Luxembourg, Malaysia, Montenegro, Paraguay, Qatar, Somalia and United Arab Emirates.

The council in recent years has emerged as a champion of LGBTQ rights around the world, even though Cuba and other countries with poor human rights records are among the 47 countries that are currently members. Venezuela and Russia are also on the council.

Yoan de la Cruz, a gay man who used Facebook Live to livestream the first of more than two dozen anti-government protests that took place across Cuba on July 11, remains in custody and faces eight years in prison. The Los Angeles Blade last month spoke with several Venezuelan LGBTQ activists who said persecution forced them to flee to neighboring Colombia.

Russia’s crackdown on LGBTQ rights and the Kremlin’s close relationship with Chechen President Ramzan Kadyrov continue to spark criticism around the world.

Then-U.S. Ambassador to the U.N. Nikki Haley during a 2018 press conference that announced the U.S. withdrawal from the council noted Cuba and other countries “with unambiguous and abhorrent human rights record” are members. Haley also said the council has a “chronic bias against” Israel.

U.S. Ambassador to the U.N.  Linda Thomas-Greenfield on Thursday in a statement said LGBTQ rights will be one of the U.S.’s focuses once it officially rejoins the council on Jan. 1.

“Our initial efforts as full members in the Council will focus on what we can accomplish in situations of dire need, such as in Afghanistan, Burma, China, Ethiopia, Syria and Yemen,” she said. “More broadly, we will promote respect for fundamental freedoms and women’s rights, and oppose religious intolerance, racial and ethnic injustices, and violence and discrimination against members of minority groups, including LGBTQI+ persons and persons with disabilities.  And we will oppose the council’s disproportionate attention on Israel, which includes the council’s only standing agenda item targeting a single country.”

President Biden in February issued a memorandum that commits the U.S. to promoting LGBTQ rights abroad.

The previous White House tapped then-U.S. Ambassador to Germany Richard Grenell to lead a campaign that encouraged countries to decriminalize consensual same-sex sexual relations, but many LGBTQ activists in the U.S. and around the world have questioned its effectiveness. The Washington Blade in August filed a federal lawsuit against the State Department that seeks Grenell’s emails around his work on the decriminalization initiative.

“The President and Sec. Blinken have put democracy and human rights—essential cornerstones of peace and stability—at the center of our foreign policy,” said State Department spokesperson Ned Price on Thursday after the U.S. regained a seat on the council. “We have eagerly and earnestly pursued these values in our relationships around the world.” 

“We will use our position to renew the council’s focus on the core human rights principles enshrined in the Universal Declaration of Human Rights and the U.N. Charter, which undergird the council’s founding,” added Price at the beginning of his daily press briefing. “Our goal is to hold the U.N. Human Rights Council accountable to the highest aspirations of its mandate and spur the actions necessary to carry them out.” 

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