From the UN: Global celebrations for the 16th annual International Day Against Homophobia, Biphobia, and Transphobia (IDAHOT) were different than ever before—no parades and few public displays, but plenty of solidarity. With the COVID-19 impacting all spheres of life, this year’s theme “Breaking the silence” reflected that LGBTI people are facing even greater threats to their health and safety. UN Independent Expert on Sexual Orientation and Gender Identity, Victor Madrigal-Borloz, joined the Inter-American Commission on Human Rights, the Council of Europe Commissioner for Human Rights, and 95 human rights experts from across the UN in a historic statement urging governments to give visibility to lesbian, gay, bisexual, transgender and gender diverse people and to protect them when responding to the pandemic.
The UNDP reflected on the disproportionate impact COVID-19 is having on the health, safety, and livelihood of LGBTIQ+ people around the world. As Achim Steiner, head of the UNDP, remarked:
“On this day, let’s raise our voices and recommit our efforts to put human dignity at the heart of all that we do to build more just and more inclusive societies.”
UNAIDS used the day to urge for an end to arbitrary and discriminatory arrests of LGBTI people. It called attention to reports of increased violence and arrests of assumed LGBTI persons as countries enact emergency orders to slow COVID-19. Check out UNAIDS’ special page commemorating IDAHOT with stories, photos, and resources.
Following reports that COVID-19 restrictions are preventing some people from accessing HIV services, UNAIDS is urging governments to recognize community-led health service delivery as an “essential service”. UNAIDS noted that community organizations have an “unparalleled depth of experience” in responding to health and human rights crises. It emphasized that organizations and networks that have had practical experience responding to the HIV epidemic could, with proper support, be deployed to facilitate control of COVID-19:
“Community-led organizations are providing a lifeline to underserved, marginalized and hard-to-reach populations around the world.”
HIV, Health, and Wellness: Science magazine reported that a study of a long-acting injection to prevent HIV has been proven safe and effective among gay and bisexual men and transgender women. The randomized trial, which included participants in the US, South Africa, Argentina, Brazil, Peru, Vietnam, and Thailand, was forced to end early due to the COVID-19 pandemic. However researchers had enough data to prove the injection (taken every 2 months) is a reasonable alternative to daily pills. Data for the drug among cisgender women is ongoing in seven African countries. Calling it a “breakthrough”, UNAIDS Deputy Executive Director Shannon Hader remarked:
“We are particularly pleased that the study met its targets to recruit substantial numbers of younger black men who have sex with men and transgender women, the very people for whom accessing effective HIV prevention still remains a huge challenge.”
UNAIDS released a policy brief to guide countries on providing condoms and lubricants during the COVID-19 pandemic. Noting that condoms and lubricants are critical to preventing HIV, STIs, and unintended pregnancies, the brief offers concrete steps that can be taken to assure that supplies are not unduly interrupted especially in low- and middle-income countries.
A new study in the Lancet found that in China, testing for chlamydia and gonorrhea could be increased among gay and bisexual men with innovative payment programs. The most successful program gave men a free test and offered them the chance to “pay-it-forward” by donating money that would provide a free test to someone else.
Published in PLoS One, a new study on Papua New Guinea evaluated methods of bringing sexual health care to hard to reach key populations. Using in-depth interviews with sex workers, gay men and other men who have sex with men, and trans women, the study concluded that encouraging peer referrals and offering same-day test results in a confidential, stigma free practice were essential factors to engage these groups.
From Uzbekistan, HIV service providers spoke to Open Democracy about using social media and dating apps to connect gay and bisexual men to HIV counseling. Advocates say that gay men are afraid of taking HIV tests or accessing services out of fear of laws that criminalize same-sex sexual activity between men.
The Albanian Order of Psychologists, the organization that governs all psychologists in the country, banned members from practicing so-called conversion therapy. While praising the announcement, local rights group PINK Embassy noted that social attitudes toward LGBTI people remain generally negative, and a majority of parents and teachers say they would not support LGBTI children.
Meanwhile, in the UK a pledge to “eradicate” conversion therapy has been stalled for nearly two years. Equalities Minister Kemi Badenoch has now said that the government is not sure how to proceed as it is “a very complex issue”, as reported by the Independent.
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From the World of Politics: The intergovernmental Equal Rights Coalition released a statement calling on all governments to ensure that actions taken to combat COVID-19 are considerate of LGBTI people’s needs and vulnerabilities. The ERC declared that government measures must be lawful, proportionate, and of a temporary nature.
Hungary’s parliament approved Article 33—amending the Civil Registry Act to prevent people from changing their gender on identity documents. Prime Minister Viktor Orbán introduced Article 33 in April after being granted emergency powers due to COVID-19. Many have spoken out condemning the Article, including Hungarian human rights groups, UN Expert Victor Madrigal-Borloz, and UNAIDS. ILGA-Europe’s Advocacy Director, Katrin Hugendubel noted that the European Court of Human Rights has clearly established the right to gender recognition. She urged:
“International human rights actors must act firmly and swiftly to stop this extreme rollback in a settled area of human rights law.”
India’s government released the “Draft Transgender Persons (Protection of Rights) Rules 2020”. The Rules seek to clarify a controversial bill passed in January which many trans people vigorously opposed. Although the government offered a 12-day public consultation period on the Rules, it did so during the nation-wide COVID-19 lockdown thereby preventing community members from participating. Experts who have reviewed the Rules found that they continue to confuse intersex and trans people, create confusing medical and surgical requirements for recognition, and offer only vague promises on non-discrimination.
Reuters reported that legislators in the US territory of Puerto Rico passed a series of amendments to the civil code without public hearings. Although Representatives say the amendments remove anti-LGBT+ rights language, legal experts say the changes are ambiguous, contradictory, and will roll back rights. HRC President Alphonso David condemned the “furtive attempts” to “strip away rights”:
“The secrecy surrounding the codes and the legislative process is particularly troubling in the context of the COVID-19 global pandemic, which has critically hampered the ability for citizens to participate and make their voices heard.”
In Latin America, some countries have pulled back on gender-based COVID-19 restrictions that were widely condemned by activists for putting trans and gender non-conforming people in danger. The restrictions, which only allow men and women to leave the home on alternating days, also place undue burden on women in communities where they do the majority of domestic work.
In Peru, the government responded to backlash by replacing gender-based restrictions with stricter rules that allows only one person from any household out at a time. In Bogota, Colombia, gender-based restrictions led to a spike in violence perpetrated by both the public and police against trans people. After a month-long period, Mayor Claudia Lopez called the restrictions “successful” and ended them to allow all genders to return to work when permitted. (President Iván Duque has extended "smart isolation" across the country until at least 31 May that allows a gradual return of public life and businesses.)
Panama’s gender-based restrictions, put into effect 1 April, continue despite many reports of discrimination. However, the Ministry of Public Security said it has instructed police to “avoid any type of discrimination against the LGBTI population” when responding to COVID-19.
Juliana Martínez, of the Sentiido Foundation, questioned why gender-based restrictions have only been implemented in Latin America:
“It seems normal to us because the gender binary has become naturalized. However, when we look at what is happening in the global context and see the measures that other countries have successfully taken, in none of the cases has anything similar been implemented.”
During a flag raising ceremony in Brazil, President Jair Bolsonaro promised to send Congress a bill to oppose “gender ideology” and override a recent Supreme Federal Court ruling. Earlier this month the Court ruled that it was unconstitutional to ban education on “gender ideology” topics, including sexual orientation, gender identity, gender roles, and reproductive rights.
In a last-minute change, Poland’s presidential election was delayed due to the pandemic. For over a year the ruling Law and Justice (PiS) party has encouraged anti-LGBT rhetoric, campaigning on opposing LGBTI rights and denying sexuality education. Former Defense Minister Antoni Macierewicz applauded leaders for agreeing to stop the vote. Macierewicz then identified “so-called LGBT ideology” and abortion as the biggest threats to the country after the pandemic and economic collapse.
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The Politics of Union: In Taiwan, China, people are celebrating the one-year anniversary of the legalization of same-sex marriage. Taiwan is the first place in Asia to legalize marriage equality; however, it carries restrictions. Citizens may not marry foreigners from country’s that don’t recognize gay marriage. Couples also are only allowed to adopt a spouse’s biological children. The Taiwan Alliance to Promote Civil Partnership Rights (TAPCPR) launched a signature campaign to urge the government to give same-sex marriage equal rights.
In China, the legislature is finalizing changes to the country's draft Civil Code. Earlier this year the National People’s Congress revealed to the press that gay marriage, the ability to nullify marriages, and joint debt between spouses were the most popular topics commented on by the public during the month-long public feedback period. However, an official with the Legislative Affairs Commission has now announced that there will be no change to the existing marriage law "between a man and a woman". Advocates vowed to continue the campaign for marriage equality.
Costa Rica’s Legislative Assembly voted to reject a motion to postpone the legalization of marriage equality until after the threat of COVID-19 has passed. In 2018, the Constitutional Court ruled that same-sex marriage should be legal and gave lawmakers two years to create legislation with a deadline of 26 May. Earlier this month, a group of lawmakers attempted to delay the deadline arguing that the pandemic and other issues had prevented officials from reviewing the issue. Local media reported that the debate has been heated including a physical confrontation in the Congress. Openly gay congressman Enrique Sanchez called the debate “nonsense”:
“It is enough that we continue to delay the great solutions that this country has by discussing issues that are already settled constitutionally and conventionally. It is unacceptable that we continue to discuss issues that are simply intended to detract from the rights of a historically discriminated population.”
Indian lawyers Menaka Guruswamy and Arundhati Katju, who led the fight to decriminalize same-sex relations in the country, have launched the “Marriage Project” to legalize same-sex marriage. They note that it is both a legal and social initiative that will address the many rights given to married couples.
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Let the Courts Decide: In Uganda, the Nsangi Magistrates’ Court released the 19 young people arrested during a raid on a LGBTIQ homeless shelter. The young men and women were held in detention and denied access to lawyers for nearly two months. Although authorities had charged them with violating COVID-19 restrictions, advocates said this was an excuse to target suspected LGBTIQ people. Lead lawyer, Dr Adrian Jjuuko, noted that though charges were withdrawn, they had been in prison for 50 days:
“In terms of justice, these are some of the things we should be looking into as lawyers. If they are withdrawing charges, the charges should not have been imposed in the first place.”
The US Supreme Court continued hearing cases virtually including two cases potentially impacting sexual health and LGBTQ rights. In one, the AIDS organization Alliance for Open Society International is challenging a government's regulation that groups cannot receive funding unless they oppose sex work. In the other, teachers are suing Catholic schools for job discrimination. Meanwhile, a decision is expected this month on whether people can be fired from work due to their sexual orientation, gender identity, or gender expression. Aimee Stephens, the trans woman who became a trailblazer for bringing this—the first trans civil rights case—to the Supreme Court, passed away on 12 May before hearing the case outcome.
Brazil’s Supreme Court voted to throw out guidelines that required gay and bisexual men to be celibate for 12 months before giving blood. The majority decision declared that the guidelines were “based on prejudice and discrimination”. Brazil's government must treat gay and bisexual men the same as heterosexual men when giving blood.
Fear and Loathing: Several new major reports from Europe and Central Asia paint a worrying picture on the rights of LGBTI people across the region. The “Trans Rights Europe & Central Asia Index” from TEGU measured 54 countries on 30 key indicators including gender recognition, non-discrimination, health, and forced sterilization. Across all indicators the Index shows very limited growth in protections based on gender identity.
“LGBTI+ in the region of Central Asia: Repressions, Discrimination, Exclusion” from a coalition of regional human rights groups highlighted that people do not feel safe anywhere across Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan. LGBTI+ people were particularly fearful of blackmail, extortion, and violence. The report documents torture people faced while held in detention. It also highlights the extra strain women and gender minorities face due to patriarchal stereotypes.
“A long way to go for LGBTI equality” from the EU Agency for Fundamental Rights (FRA) is based on responses from 140,000 people across the EU, North Macedonia, and Serbia. The report found there has been “little overall progress” in 7 years. The FRA called on the EU to invest particularly on creating safe schools, extending non-discrimination protections, and targeting hate crimes.
ILGA-Europe released its annual Rainbow Europe Map and Index that ranks European countries on their laws and policies for LGBTI people. ILGA said the data shows this is a “make or break moment” for equality and that many countries are continuing to go backwards as protections “disappear”. Zero positive change could be seen in 49% of countries. Evelyne Paradis, Executive Director of ILGA-Europe, warned:
“History shows that those who are vulnerable before a crisis only become more vulnerable after a crisis, so we have every reason to worry that political complacency, increased repression and socio-economic hardship will create a perfect storm for many LGBTI people in Europe in the next few years.”
Several organizations released reports documenting individual cases of discrimination and violence. From Mexico, the organization “Letra S” released figures from their country-wide hate crime monitoring project. It showed that 2019 was the most violent year for LGBT people in the last five years. Murders of LGBT people increased 27% compared to 2018 with trans women accounting for over half of all deaths. At least nine victims were LGBT activists and six were public figures known for social work. Senator Patricia Mercado praised the organization for its work noting that hate crimes are generally “invisible”.
From Poland, the “Never Again” association released a report documenting racist, homophobic, and xenophobic hate speech, conspiracy theories, and violence in the country since the emergence of COVID-19. The report captured incidents on the internet, radio, and television including statements from government officials, school leaders, and clergy that have unjustly accused people of spreading the virus.
In a new report from Tunisia, Minority Rights Group International demonstrated how discrimination and violence based on a person’s race, sexual orientation, or gender identity also violate a person’s civil rights. By analyzing the context of 309 discrimination complaints, it shows that laws used to target and criminalize LGBT people contradict Tunisia’s constitution and international law. The report offers policy recommendations to protect the rights promised by the constitution.
In South Korea an outbreak of COVID-19 infections linked to the nightclub district of Itaewon has sparked backlash against LGBTQ+ people. Meanwhile, Korea Times reported that a ripple effect has led to luxury brand stores laying off a “considerable number of employees” because they suspect them to be gay. To help curb tensions, officials began offering anonymous tests to encourage people who may be afraid of being outed as patrons to the nightclubs. Prime Minister Chung Sye-kyun emphasized that discrimination against people for who they are is unacceptable. She noted that if a person avoids testing in fear of criticism, “society has to shoulder its entire consequences”. South Korea’s first openly gay celebrity, actor Hong Seok-chun urged people to take advantage of the anonymous test:
“Now is the time to be brave… I, better than anyone, know the worries over outing. But right now, what’s most important is the health and safety of our families and society.”
Winds of Change: The Human Dignity Trust published a series of case studies examining how six governments around the world have successfully reformed or removed discriminatory sexual offense laws including those used to criminalize LGBT people. The studies reviewing Palau, Belize, Northern Cyprus, Mozambique, Seychelles, and Nauru provide lessons learnt and make clear that:
“[W]hile broad-based, human rights driven legislative reform is complex and sometimes controversial, it is possible with the right mix of drivers in place.”
Human Rights Watch released an innovative digital feature called “If Not Now, When? Queer and Trans People Reclaim their Power in Lebanon’s Revolution”. Created by Rasha Younes with videos by Amanda Baily, it shares stories from LGBT people before, during, and after the uprising. By participating in the protests, LGBT people have had new visibility in the community which has not been always supportive. However, as one person noted:
“The revolution must be one that defends the rights of oppressed people, and LGBT people are among those oppressed. This is why we have to get our voices heard now, not later, and we shouldn’t wait at all.”
From Iraq, Rudaw reported that the EU, the World Bank MENA, and the Canadian and British embassies to Iraq all raised rainbow flags in Baghdad to highlight the rights of LGBT people on IDAHOT. Some Iraqi officials condemned the action, calling it culturally insensitive, and are seeking an apology. Several LGBTQ+ people spoke about the backlash and what seeing the flags meant to them. As one gay man emphasized:
“One aspect of the debate about the LGBTQ+ that bothers me is that some are trying to say that this is something alien to the Iraqi society and has been imported. We have not come from somewhere else. We are Iraqis, from villages and cities of this country, and we are serving this society.”
Due to COVID-19, Canada has delayed an international design competition to create a memorial commemorating the purge of thousands of LGBT people out of government jobs and the armed forces between 1950 and 1993. The memorial site was selected in January and the National Capital Commission approved its C$8million (€5.3m) fund.
In India, multinational Standard Charter Bank has extended medical and domestic relocation benefits to the partners of LGBT+ employees in India.
Check out this new animated short from the Commonwealth Forum of National Human Rights Institutions. “Beyond Tolerance”, narrated by UN expert Victor Madrigal-Borloz, looks to a future where LGBTI people are accepted and included throughout the world.
Sports and Culture: American actor and singer Alex Newell spoke with Xtra about finding roles on Broadway and television as a gender nonconforming black gay man. (Check out his latest disco single!) Although putting so much of his personal story into his work makes him vulnerable, he reflected:
“When it comes to something that people deem so different, we have to humanize it and make it normal and show the actual things that they go through—that we go through—and that people don’t necessarily get to see.”
Indie singer Becca Mancari talked to "them" about her new album that captures growing up queer in a fundamentalist community after her parents rejected her. The single “First Time”, was recorded with LGBTQ+ musicians from around Nashville.
Singaporean singer Willie Tay spoke to South China Morning Post about how coming out cost him his career after his managers deleted his social media accounts and ended his record deal. Tay, who now lives in the US, talked about how laws criminalizing being gay have haunted him as an artist. (Check out his song “Empty”.)
South African gender-queer teen Yahto Kraft spoke to Mamba Online about finding fame on South Africa’s The Voice, coming out, and championing body positivity. (Listen to his new pop single “Ugly”) Kraft had a message to queer kids struggling to fit in:
“Don’t mind what others are saying about you. You are incredible. You are more than a star, you’re a supernova! Don’t let anyone dull how bright you shine. You are you, and that is more than enough!”
top image via @BudapestPride