There is no democracy when you cannot express yourself

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“There is no democracy when you cannot freely associate, assemble, and express yourself.”

~ Melusi Simelane, founder of eSwatini Sexual and Gender Minorities (ESGM). ESGM has been denied the right to register as an organization. The government has denied them because the Penal Code criminalizes same-sex sexual acts. ESGM will argue in the High Court that this law has nothing to do with their constitutional right to assemble and support the community.


From the UN: UNAIDS held its 46th meeting of the Programme Coordinating Board and first ever virtual meeting of governments, co-sponsors, and civil-society to establish the policies and priorities of UNAIDS. Among the issues addressed in her opening remarks, Executive Director Winnie Byanyima called attention to the increased stress marginalized people including gay men and sex workers have faced during the COVID-19 pandemic. She called out governments for the misuse of emergency COVID-19 powers to target and arrest LGBTI people. She also reflected on her “sadness and frustration” about the impact of the colliding pandemics and the many who have died of AIDS and COVID-19:

“We can never stop being outraged by this loss of life.”

UNAIDS also published a new guide with six concrete measures to support women and girls during the COVID-19 pandemic. Among the recommendations UNAIDS emphasized the need to recognize the intersectional discrimination faced by marginalized women and girls including trans and gender-diverse people, lesbians, bisexual people, and sex workers. Discrimination creates “stark inequalities and injustices” that are exacerbated by the pandemic. Recognizing that people have diverse needs it urges: 

“We should avoid adopting uniform responses that fail to account for local contexts and guarantee the human rights of everyone affected by the crisis and its response.”

As the world continues to address the damages caused by COVID-19, UNAIDS is conducting a global survey of community-led organizations and networks who work in the HIV field. They are seeking information on how groups have been impacted by COVID-19, how groups have shifted services to accommodate COVID-19 restrictions, and any new activities groups have begun—or hope to begin—to better serve their communities during this time. The survey is available in Arabic, English, French, Russian, and Spanish.

The UN Independent Expert on sexual orientation and gender identity, Victor Madrigal-Borloz, was joined by a diverse panel from Iran, Argentina, the US, and the Netherlands to launch the “ASPIRE” guidelines.  The guidelines—Acknowledgement, Support, Protection, Indirect discrimination avoidance, Representation, and Evidence-gathering—are based off of consultations with over 500 LGBTI people, activists, human rights defenders, civil society leaders, government officials, and scholars.  ASPIRE will help governments create a COVID-19 response free from violence and discrimination based on sexual orientation and gender identity.

More From the UN

HIV, Health, and Wellness: UNAIDS celebrated the life of HIV and human rights activist Yves Yomb of Cameroon who passed this month of cancer. Mr Yomb was a founding member of Alternatives-Cameroun, the first HIV and LGBT rights awareness group in the country, and spokesperson for Africagay against AIDS, the first network for LGBT in francophone Africa. Speaking at the International AIDS Society conference of 2017 he emphasized the need for people living with HIV and key populations to be meaningfully involved with research and policy:

“Our “lay man” expertise is precious to increase the relevance of projects. Why is this? Because we are closer to reality, to “real life”. We are in a better position to find the right words, to ask meaningful questions, to pinpoint material, linguistic, moral, practical and psychological pressures. If we are involved meaningfully, not only would research be adapted better to reality and needs, but the results would be meaningful to key populations themselves.”

The 23rd annual International AIDS Conference (AIDS 2020: Virtual) released its upcoming program as several pre-conferences and over 70 satellite sessions begin. Being held virtually for the first time, the conference will run sessions around the clock and be available on demand to reach the widest number of participants. The conference will wrap up with a free one-day event focused on COVID-19. Register now! 

Meanwhile, HIV2020, organized by an alliance of key population-led networks, announced it is moving forward virtually with a series of free and open to the public sessions. The sessions will begin in July and continue through October—check out the calendar to get involved.
 
New analysis by UNAIDS found that efforts to stop COVID-19 around the world are impacting the production and distribution of medicines to treat HIV, potentially leading to increases in their cost. UNAIDS warned that stock-outs could occur over the next two months in low- and middle-income-countries. 

A new study published in PLoS One investigated HIV prevalence among transgender women and gay, bisexual, and other men who have sex with men in South Africa. The study found a very high HIV prevalence among these groups and 53% of those with HIV were virally unsuppressed. The authors were encouraged by participants' responses about HIV testing which indicated that outreach and education messages have been effective—though there remains much that needs to be done.

A new study in the International Journal of Adolescent Medicine and Health found that in Turkey LGBTQ young people experience “alarming rates” of discrimination in healthcare settings leading many to postpone seeking further care.

Welsh rugby star Gareth Thomas, who came out last year as living with HIV, has launched the “Tackle HIV” education initiative in collaboration with ViiV Healthcare and Terrence Higgins Trust. As he reflected:

“We still live in a society and a world where stigma holds back people being able to be honest about living with HIV. Because the truth is, I live with HIV, I take a single tablet every day. I’m on effective treatment that means I can’t transmit HIV in any way, shape or form. I live my life with HIV with no limitations.”

More HIV, Health, and Wellness

From the World of Politics: The BBC reported that Gabon’s National Assembly (lower house of parliament) voted to decriminalize same-sex sexual activityReuters reported that a majority of the Senate also voted for decriminalization. It will now move to President Ali Bongo Ondimba for approval. The law was only added to the penal code in 2019, although LGBT people have faced stigma and discrimination for many years. 

Gambian authorities released a statement denying the government has any plans to decriminalize same-sex sexual activity. Spokesman Ebrima Sakareh called the rumors “false political propaganda intended to easily score points”. The AFP reported that the government has faced pressure on the subject for several weeks after the Delegation of the European Union to Gambia posted a message in support of LGBT people on the International Day Against Homophobia and Transphobia (IDAHOT).

Poland's election has been forced into a runoff between President Andrzej Duda and the liberal Mayor of Warsaw, Rafał Trzaskowski. The European Parliament Intergroup on LGBTI Rights released a statement condemning President Duda for attacking LGBTI people during his campaign for re-election. Among his election pledges, Duda signed the “Family Charter” which promises to protect children from “LGBT ideology” and ban “LGBT ideology in public institutions”. Oko Press reported that a new survey shows a majority of Polish people do not believe that “LGBT” is a "dangerous ideology"

In Romania, the Senate approved a bill that bans any discussion in schools and universities of gender identity. Many experts and institutions condemned the bill which they say will cause the suspension of university courses, exacerbate the vulnerability of marginalized groups, and impede the ability to address gender-based violence. As teacher Mihaela Miroiu asked:

“If I say to a boy: you can cry, be tender—does it mean that I am gender proselytizing?"

In the US, the Washington Post reported that the Department of Health and Human Services (HHS) finalized a rule to remove protections based on gender identity, transgender status, or sex stereotypes in healthcare and health insurance. In a press release the HHS says it is “returning to the government’s interpretation of sex discrimination according to the plain meaning of the word “sex” as male or female and as determined by biology”. Many have criticized the rule which was released on the 4th anniversary of the Pulse massacre where 49 people were killed at a gay nightclub. Noting that the rule “creates chaos and confusion where there was once clarity”, a coalition of LGBTQ groups have filed a lawsuit challenging it. 

In Hong Kong, the government agency responsible for implementing laws is preparing to introduce a voluntary charter against discrimination based on sexual orientation and gender identity. The charter, which is still under development, would be open to businesses, organizations, educational institutions, and more. The agency explained it will not be mandatory:

“A balance has to be struck between the right to enjoy freedoms of religion, conscience or moral value and protection of LGBT rights.”

From the UK, The Times reported that the government will abandon plans to make gender recognition easier through amendments to the Gender Recognition Act and will implement new rules to restrict trans women from accessing some public spaces. The Times investigation found that the government will simultaneously introduce a new ban on gay “conversion” therapies to “placate LGBT people”.  In 2018 the UK ended a two-year public consultation on gender recognition, however the results were never released. The BBC reported that MPs from across seven political parties issued a joint statement reiterating their support for the trans community and promising to condemn the government if it fails to follow through with the amendments:

"We are deeply alarmed that the government may be looking at restricting access to trans healthcare for young people or excluding people from the changing rooms and bathrooms of the gender with which they identify.”

More from the World of Politics

The Politics of Union: In Poland, MPs from the Left (Lewica) party submitted to the Sejm (lower house of parliament) the country’s first draft law on marriage equality and same-sex parent adoption rights. Previous attempts to create a marriage equality law have been stalled in Parliamentary committees. It is unlikely to pass as the ruling PiS party has campaigned against so-called “LGBT ideology”. Several municipalities continue to operate “LGBT-free zones”.

In Trinidad and Tobago, the Senate voted against expanding the Domestic Violence (Amendment) Bill, 2020 to protect same-sex people. Senator Hazel Thompson-Ahye praised her colleagues for addressing domestic violence, but lamented that same-sex couples are not included:

“I don’t advocate we do [same-sex marriage] but it’s very important we have protection for them.” 

More from the Politics of Union

Let the Courts Decide: The US Supreme Court issued a historic ruling finding that the Civil Rights Act which bans discrimination in the workplace on the basis of “sex” (and other categories) includes protections for people based on their sexual orientation and gender identity. The majority decision written by conservative Justice Neil Gorsuch states:

“It is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.”

In his dissenting opinion, Justice Samuel Alito Jr. warned that the ruling would have broad reaching effects outside of employment to sports, college housing, religious employment, health care, and free speech as reported by the New York Times. He noted that the court “will not be able to avoid those issues for long”. Activists hope that it will help challenges against the government’s policies, including the new rule that removed protections for LGBTQ people in healthcare settings, as reported by NPR

Although an important step towards equality, the Civil Rights Act has an exclusion for businesses with under 15 employees, as reported by Washington Post and others. Last year the House of Representatives passed the Equality Act which would close this loop-hole; however, the bill has languished in the Senate, as reported by the San Francisco Chronicle

In Uganda, the High Court civil division found in favor of the 19 LGBT young people arrested from a shelter and detained for 49 days. The young people were initially held under the law criminalizing same-sex sexual activity and eventually charged with breaking COVID-19 restrictions. They were refused access to legal representation for an extended period of time. Justice Micheal Elubu ruled that refusal violated their rights to a fair hearing and awarded them each 5 million Uganda shillings ($1,340 USD).

In Russia, the St. Petersburg City Court upheld the historic ruling that a trans woman should not have been fired after changing genders. The employer claimed that she was fired because her job is one of 450 jobs from 35 industries that the government prohibits women from performing because the jobs are considered dangerous or arduous. LGBT group Vyhod remarked that the ruling suggests that “every woman has the right to choose a profession”. 

The Supreme Court of Mauritius announced it will hear a challenge to the law criminalizing same-sex sexual activity brought forward by four young people. 

The eSwatini High Court announced it has postponed hearing arguments regarding the legal recognition of the group eSwatini Sexual and Gender Minorities (ESGM). The government’s Registrar of Companies refused to accept ESGM’s application because same-sex sexual activity is criminalized in the country. ESGM argues that the Registrar is violating members’ rights to associate and express themselves freely. ESGM founder Melusi Simelane remarked:

“The law is the same for everyone. It must treat us all fairly. Our laws also do not make it a crime to campaign to protect the rights of LGBTI persons. We are free to speak our minds and to associate with and spend time with anybody we want to.”

More from the Courts

Regarding Religion: In a recent panel on the challenges faced by LGBT people in developing communities, activists spoke about the significant role churches have had supporting people in Jamaica and Guyana. Jaevion Nelson, executive director of Equality for All Jamaica Foundation, explained that although some church leaders express anti-LGBT sentiments, other leaders have emphasized that LGBT people should be protected and respected.  Joel Simpson, founder of Guyana’s Society Against Sexual Orientation Discrimination, credited Guyana’s religious diversity for helping to spread acceptance of LGBT people. 

In the Netherlands, the health ministry released the first results of its investigation into so-called “conversion therapy” in the country. Researchers spoke to LGBTI religious organizations representing Christian and Muslim youth representatives, pastors, and other experts and found that at least 15 groups are offering these services. LGBT support group “COC Nederland” remarked:

“That this type of quackery still occurs in the Netherlands is now undeniably established. It is also clear how serious the consequences are for people who are victims of it. It is now up to politicians to immediately prohibit this type of practice.”

From the US, NBC reported that “Hope for Wholeness”, one of the largest religious organizations offering “conversion therapy” across 15 states, will dissolve after being unable to find a new Executive Director. In a memo, the group pledged to redirect funds it had raised to other conversion therapy groups. 

New research from the Williams Institute using data from 1500 cisgender sexual minorities in the US found that people who underwent conversion therapy for their sexual orientation were nearly twice as likely to think about or attempt suicide compared to their peers. Of those surveyed, 81% experienced conversion therapy from a religious leader and 31% from a health care provider. A separate study of gender minorities and their experiences with conversion therapy is underway.

More Regarding Religion

Fear and Loathing: From Canada came reports that Egyptian LGBT activist Sarah Hegazi took her life. Hegazi became internationally known when she was photographed holding a rainbow flag during a rock show in Cairo. The incident kicked off a series of police raids and Hegazi, along with many others, was arrested and subjected to torture. After being held for three months, she was released and sought asylum in Canada. Her death illustrates the trauma that arbitrary arrests and torture have on an individual even once they are freed. In a powerful piece, author Tareq Baconi reflected on why her photo threatened authorities and why so many across the world feel the loss of her death:

“Her story was specific to her, but touches all those souls who are persecuted, for their sexuality or their politics, their faiths or their race, whether they are exiled in strange lands or familiar ones, because of silent wars or explosive ones.”

Following Hegazy's death, twenty-two human rights organizations from the Middle East and North Africa region called on Facebook to combat hate speech against LGBTQI+ people. In an open letter they explain Hegazy had been a target of hate speech from the moment her photo went viral. They argue that Facebook is failing to implement effective anti-hate speech policies.

In Argentina, a man was arrested for murdering LGBT activist Roberto Monje in his home. Although police have not determined a motive, the group “Frente Vanesa Zabala” (named after a trans person murdered in 2013) called for clarification and reflected that his murder “makes clear the permanence of hate crimes”.

In the UK, three men from the LGBT community were killed in a knife attack in the park that the police are investigating as a terrorist incident. Paul Britt head of the group Reading Pride remarked:

“Because it’s so close to home, everyone’s feeling anxious. The community is feeling grief, shock and sadness … There’s a sense of incomprehension.”

From Ghana, journalist Kwasi Gyamfi Asiedu investigated the efforts of gay and bisexual men to fight back against blackmail and extortion. The “Ghana Gay Blackmail List” started by activist Alex Kofi Donkor collects names of men who use dating apps to trick gay and bi men into meeting them where they are then robbed, beaten, and blackmailed. Using social media, Donkor and others try to warn the community:

“A lot of times, we are unable to achieve justice for the crimes that have been committed so the best we can also do is to protect ourselves.”

More from Fear and Loathing

Winds of Change: The intergovernmental Organization for Economic Co-operation and Development (OECD) released a new report that examines how laws and policies in member countries impact LGBTI-inclusion. The report shows that, among other advantages, legal LGBTI-inclusion is associated with better social acceptance of sexual and gender minorities, better representation of women in politics and the economic sector, and an increase in real GDP per capita.

Pew Research Center released new data on global attitudes on homosexuality gathered from responses of over 38,000 people across 34 countries. They found that although it is sharply divided by country, region, and economic development, most countries have seen large increases in public acceptance compared to 2013. They found that in most countries younger generations, women, and those with more education expressed greater acceptance of homosexuality. 

ILGA launched its map on legislation that impacts people around the world due to their sexual orientation. The map is available in 20 languages—check it out!

The intersex human rights group OII Europe released a new tool that maps new advances in intersex protections and awareness in Germany, Luxembourg, Switzerland, Malta, Finland, the Netherlands, and the EU.

UNAIDS featured the work of Anna Morena, founder of the Anna Foundation Uganda—a youth-led group promoting sexual and reproductive health and rights, HIV prevention, advocacy, and fundraising for trans Ugandans. Anna, who is trans, started the foundation to help change public perception of trans women after a friend was murdered—watch her interview! As she explained:

“People think transgender women are only good for sex work. I am here to prove you wrong. I’m not educated, but I’m knowledgeable and my knowledge is my power. It is my girl power.”

South African author Mark Gevisser’s new book “The Pink Line: The World’s Queer Frontiers” investigates how globalization has helped spread ideas about LGBTQ+ rights, sexual equality, and gender transition. Check out an excerpt that explores how this spread has both created opportunities LGBTQ+ people and sparked backlash that demonizes sexual and gender minorities and gender expressions once historically accepted in local contexts. As he describes, the discourse around LGBTQ+ rights has been “vibrant and often violent”:

“It mobilized moral panic in which homosexual or gender-variant people became scapegoats, or bogeymen, or excuses to rally law and order, or evil forces against which nationhood was defined. In most instances, these campaigns purported to protect “traditional values” or “natural order” from the depredations of modern society, or ordinary people from a global or cosmopolitan elite.”

More from Winds of Change

On the March: In the US, over 15,000 people marched in New York to bring attention to violence against Black transgender women. At least 17 trans or gender non-conforming people are known to have been violently killed this year–eight in the last month according to the Human Rights Campaign. 

Organizers of Singapore’s annual Pink Dot festival—a rally that has brought together tens of thousands of people for Pride since it launched in 2009—announced they will hold the event virtually despite a petition signed by 30,000 people asking the government to restrict the Pink Dot livestream claiming the content is “immoral”. 

The Global Shapers Community—a network developed at the World Economic Forum and including over 7,000 young people from around the world—launched the 1st annual “#ShapePRIDE Summit” to engage young leaders in “ an initiative to dismantle archaic systems of oppression and demand the unequivocal validation of LGBTQIA+ people everywhere”. Among the topics discussed were sessions on race and the overlap of the Black Lives Matter and LGBTQIA+ movements.

The International Organization for Migration (IOM) announced it is resuming resettlement for refugees after COVID-19 restrictions halted travel in March. To Martin Okello, a gay Ugandan currently residing in Kenya, the message came as welcome news. Okella spoke to the AP about the violence he’s faced in Kenya and finding support with the group shelter “House of Nature”. 

Rainbow Railroad, an advocacy and support group for LGBTQI refugees, released a report that provides a snapshot of the impact of COVID-19 on forcibly displaced LGBTQI people including internally displaced LGBTQI people, asylum seekers, and refugees. The report makes four urgent policy recommendations to support these at-risk populations.   

More from On the March 

Sports and Culture: Lebanon's streaming platform "Aflamuna" is running a free program “Love and Identity in Arab Cinema” featuring six films by queer Arab artists. The program is organized by Cinema Al Fouad, the “Mawjoudin Queer Film Festival”, and the gender and sexuality production platform “Jeem”.
 
Check out the trailer for Netflix’s new documentary “Disclosure about Hollywood’s relationship with transgender people. The film uses archival footage and interviews with trans artists, writers, and historians to guide the viewer through the connections between media representation of trans people and the epidemic of violence against them. TV critic Melanie McFarland reflected on the “grace” trans men and women in the industry display “despite every indignity foisted upon them”: 

“At the moment mainstream America is in a mood to learn and celebrate the differences within its culture, but in doing so it must be acknowledged how exhausting it is to know, at all times, that your mere existence in public spaces is a political act.”

Check out the trailer of the award winning docu-drama “Admitted—released on YouTube after two years on the film festival circuit. The film follows Mx Dhananjay Chauhan and her journey as the first transgender student at India's Panjab University.

More from Sports and Culture

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top photo by Sapporo Rainbow Pride