Georgia’s Dangerous Anti-LGBTQI+ Law

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Opinion

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LONDON, Sep 30 2024 (IPS) – Georgia’s ruling party has put LGBTQI+ people firmly in the firing line ahead of next month’s election. On 17 September, parliament gave final approval to a highly discriminatory law that empowers the authorities to censor books and films with LGBTQI+ content, stop discussion of LGBTQI+ issues in schools, ban people from flying rainbow flags and prevent Pride events. The law excludes LGBTQI+ people from adopting children, bans gender affirmation surgery and refuses to recognise same-sex marriages of Georgians conducted abroad.

Latest troubling development

Georgia’s anti-LGBTQI+ law breaches a wide range of international human rights commitments. And it’s a repeat offence: in May, a bill became law designating civil society and media groups that receive at least 20 per cent of funding from international sources as ‘pursuing the interests of a foreign power’. The ‘foreign agents’ law will enable vilification, fuel public suspicion and tie organisations up in lengthy compliance procedures.

President Salome Zourabichvili, who is independent of the ruling Georgian Dream party, vetoed the foreign agents bill, calling it a ‘Russian law’, also the view of the mass protest movement that rose up to oppose it. But presidential powers are weak, and parliament quickly reversed the veto. Zourabichvili – Georgia’s last directly elected president, with future presidents to be picked by parliament after her term ends in October – has also pledged to veto the anti-LGBTQI+ law. But a similar parliamentary override seems certain.

Georgia Dream says its anti-LGBTQI+ law, known as the law on ‘family values and the protection of minors’, is needed to defend ‘traditional moral standards’. It also said its foreign agents law was needed to stop international funders sponsoring ‘LGBT propaganda’ and fomenting revolution.

Both laws are part of a growing climate of state hostility towards civil society, in a country that once stood out as an ex-Soviet state that broadly respected civic freedoms. Last year, the European Union (EU)-Georgia Civil Society Platform – a body established as part of negotiations towards the country potentially joining the EU – criticised a sustained government smear campaign against civil society. Freedom House pointed to growing harassment and violence against journalists.

The anti-LGBTQI+ law reflects a reassertion of influence by the Georgian Orthodox Church, the country’s dominant religion, and a closer alignment with Russia. The foreign agents law imitates one introduced in Russia in 2012, which paved the way for intense repression of civil society, while Georgia’s anti-LGBTQI+ law is also strikingly similar to that passed in Russia in 2013, which has been extensively used to criminalise and silence LGBTQI+ people.

The two laws can only move the country further away from the stated goal of joining the EU. They place Georgia at a fork in the road: the government and the church clearly see it as a socially conservative country that legitimately belongs in Russia’s orbit. But others – the many people, overwhelmingly young, who’ve protested and faced state violence in return – represent a different Georgian identity: one that’s democratic, inclusive and European.

Vilification and violence

Hostility has made it harder for Georgia’s LGBTQI+ people to claim visibility. Last year, violent far-right attacks forced the cancellation of the Tbilisi Pride parade. The authorities have consistently failed to ensure the safety of participants. When people first marched on 17 May 2013, they were attacked by a mob that included members of the clergy. In 2021, extremist groups also attacked journalists covering the event, as the police stood by and did nothing.

In 2014, the year after Pride first mobilised, the Church declared 17 May – the International Day Against Homophobia, Transphobia and Biphobia – to be Family Purity Day, an event marked with a public holiday. This year, Prime Minister Irakli Kobakhidze joined thousands at the Family Purity Day march in Tbilisi. In contrast, such was the level of hostility that Tbilisi Pride organisers decided to only hold virtual events. LGBTQI+ people were denied the chance to do the very thing Pride events exist for: assert visibility and normalise their public presence.

The new law reverses some recent progress civil society achieved in shifting homophobic social values, with young people particularly showing more tolerant attitudes. But now the law will have the effect similar legislation has had elsewhere: giving the green light to stigmatisation, vilification and violence. Activists have pointed to the recent murder of one of the country’s few high-profile transgender people, model Kesaria Abramidze, as a grim sign of what may come. Extremist groups can only be emboldened, confident the law is on their side when they commit acts of hatred.

The upcoming election

Georgian Dream seeks a fourth consecutive term when the country goes to the polls in October. With the opposition divided, it seems certain to come first again. But its support fell in the last election and opinion polls suggest it’s lost more votes since. Possibly worried about keeping its majority, it’s opted to vilify an already excluded group of people.

Georgian Dream may think hostility towards LGBTQI+ people and civil society groups is safer electoral territory than a more explicitly anti-western, pro-Russian stance. But its recent decisions signal how it will rule if its electoral strategy pays off: not by upholding the rights of all Georgians but by putting the interests of its socially conservative supporters first, and by tailoring policies to please Vladimir Putin.

Georgian Dream still pays lip service to the idea of joining the EU, but the party’s billionaire financier and behind-the-scenes leader Bidzina Ivanishvili recently made his position clear, accusing western countries of being part of a global conspiracy to drag Georgia into a repeat of its ill-fated 2008 war with Russia. Georgian-Russian relations have warmed since Russia launched its all-out war on Ukraine in 2022.

The EU, for its part, reacted to the foreign agents law by suspending financial aid and Georgia’s accession negotiations. It must take a firm line and make clear Georgia won’t be allowed to join until the human rights of all its people are recognised and civil society is respected.

Andrew Firmin is CIVICUS Editor-in-Chief, co-director and writer for CIVICUS Lens and co-author of the State of Civil Society Report.

A longer version of this article is available here.

For interviews or more information, please contact research@civicus.org.

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IRAQ: ‘Tolerance for Abuses Against LGBTQI+ People Has Now Been Made Explicit Through Legislation’

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Jul 1 2024 (IPS) –  
CIVICUS discusses the criminalisation of same-sex relations in Iraq with Sarah Sanbar, researcher at Human Rights Watch’s Middle East and North Africa division.

Sarah Sanbar

The Iraqi parliament recently passed a law criminalising LGBTQI+ people, punishing same-sex relations with between 10 and 15 years in prison and transgender identities with sentences of one to three years. The original proposal included even harsher penalties, but lawmakers introduced amendments in response to strong criticism. Supporters claim the law upholds deeply held religious values, while critics condemn it for institutionalising discrimination and enabling serious human rights abuses.

What led to recent legislative changes criminalising LGBTQI+ people?

On 27 April 2024, the Iraqi parliament passed an amendment to the country’s 1988 anti-prostitution law, effectively criminalising same-sex relations and transgender identities. The amendment states that same-sex relations are punishable with between 10 and 15 years in prison, and provides for one to three years’ imprisonment for those who undergo or perform gender-affirming medical procedures.

The law also punishes those who ‘imitate women’ with a seven-year prison sentence and a fine of between 10 and 15 million Iraqi dinars (approx. US$7,700 to US$11,500) and criminalises the ‘promotion of homosexuality’, a vague and undefined expression.

The passing of this law follows years of steadily increasing hostile rhetoric against LGBTQI+ people. Prominent politicians and media personalities have consistently spread harmful stereotypes, tropes and disinformation. They often claim homosexuality is a western import that goes against traditional Iraqi values.

This rhetoric has increasingly translated into government action. For example, on 8 August 2023, the Communications and Media Commission issued a directive ordering all media outlets to replace the term ‘homosexuality’ with ‘sexual deviance’ in all published and broadcast language. The directive also banned the use of the word ‘gender’, which shows how the crackdown on LGBTQI+ rights is intertwined with broader issues, and is also used to target and silence women’s rights organisations working on gender-based violence.

Sadly, as in many other countries, LGBTQI+ people in Iraq are being used as political pawns and scapegoats to distract from the government’s failure to provide for its people. Tensions are growing between the more conservative and religious groups in society and government and those that take a more secular approach to governance. The fact that conservatives have gained increasing support in successive elections allows laws like this to be passed. Such a law probably wouldn’t have been passed even a few years ago.

What’s the situation of LGBTQI+ people in Iraq, and how do you expect it to change?

The situation of LGBTQI+ people is extremely unsafe. Threats to their physical safety, including harassment, assault, arbitrary detention, kidnappings and killings, come from society at large – including family and community members as well as strangers – and from armed groups and state personnel. Human Rights Watch has documented cases of abductions, rape, torture and killings by armed groups. Impunity is widespread, and the government’s failure to hold perpetrators accountable sends the message that this violence is acceptable.

With the passage of the new law, the already dire situation is expected to worsen. Tolerance for abuses has now been made explicit through legislation. As a result, an increase in violence is to be expected, along with an increase in the number of LGBTQI+ Iraqis fleeing the country to seek safety elsewhere. Unfortunately, it is becoming even harder for LGBTQI+ Iraqis to ensure their physical safety in the country, let alone lead fulfilling lives, find love, make friends and build links with others in their community.

What are the challenges facing Iraqi LGBTQI+ rights organisations?

The space for LGBTQI+ organisations in Iraq has long been extremely limited. For example, in May 2023, a court in the Kurdistan Region ordered the closure of Rasan, one of the few groups willing to publicly advocate for LGBTQI+ rights in the region. The reason the court gave for its closure was its activities ‘in the field of homosexuality’, and one piece of evidence cited was its use of rainbow colours in its logo.

Organisations such as Rasan have previously been targeted under vaguely worded morality and public indecency laws that restrict freedom of expression. By criminalising the ‘promotion of homosexuality’, the new law makes the work of LGBTQI+ organisations even more dangerous. Any action in support of LGBTQI+ rights could be perceived as ‘promoting homosexuality’, which could lead to activities being banned or organisations being shut down. It will be almost impossible for LGBTQI+ rights organisations to operate openly.

In addition, all civil society organisations in Iraq must register with the Directorate of NGOs, a process that includes submitting bylaws, lists of activities and sources of funding. But now, it is essentially impossible for LGBTQI+ organisations to operate transparently, because they can’t openly state their intention to support LGBTQI+ people without risking closure or prosecution. This leaves two options: stop working, or operate clandestinely with the risk of arrest hanging over them.

Given the restrictive legal and social environment, many organisations operate from abroad. IraQueer, one of the most prominent LGBTQI+ advocacy groups, is based in Sweden.

But despite the challenges, LGBTQI+ organisations continue to advocate for LGBTQI+ rights, help people fleeing persecution and work with foreign governments to put pressure on Iraq to roll back discriminatory policies. And they have made significant achievements, facilitating the safe passage of people fleeing persecution and broadening coalitions to advocate for LGBTQI+ rights internationally. Their perseverance in the face of adversity is inspiring.

What international support do local LGBTQI+ groups need?

Global organisations should use their capacity to sound the alarm and advocate for the repeal of the new law and the reversal of other discriminatory measures, and for impunity for violence against LGBTQI+ people in Iraq to be addressed.

An effective strategy could be to focus on human rights violations. Equal protection from violence and equal access to justice are required under international law, including the International Covenant on Civil and Political Rights and the Arab Charter on Human Rights, both of which Iraq has signed. Advocacy for LGBTQI+ rights as human rights can put greater pressure on the Iraqi government to fulfil its obligations.

It’s also essential to provide resources and support to local organisations in Iraq and in host countries where LGBTQI+ Iraqis seek refuge, to ensure people have access to basic needs and community support, and can live full lives without fear.

Civic space in Iraq is rated ‘closed’ by the CIVICUS Monitor.

Get in touch with Human Rights Watch through its website, and follow @hrw and @SarahSanbar on Twitter.

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Thailand’s LGBTQI+ Rights Breakthrough

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Opinion

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MONTEVIDEO, Uruguay, Jun 27 2024 (IPS) – At the height of 2024 Pride season, decades of civil society campaigning came to fruition in Thailand. With 130 votes for and only four against, on 18 June the Senate passed the Marriage Equality Bill. With a few strokes of the pen, the bill tweaked the language of the Civil and Commercial Code, replacing gendered references such as ‘man’ and ‘woman’ with gender-neutral ones such as ‘persons’ and ‘spouses’. It now goes for formal assent to King Maha Vajiralongkorn and will take effect 120 days after publication in the official bulletin.

This means equal marriage is now recognised in 37 countries. Recent progress has seen Estonia become the first post-Soviet state to join the ranks in 2023, and Greece the first majority-Orthodox Christian country to do so in early 2024. Thailand is the first country in Southeast Asia and the third in Asia, following Taiwan and Nepal, to recognise the right to marry and all associated rights for same-sex couples.

SAME-SEX MARRIAGE AROUND THE WORLD

The long road to equality

With its vibrant LGBTQI+ culture, Thailand has long been advertised as ‘an exceptional destination for gay travellers’. But things weren’t quite so good for local LGBTQI+ people, whose identities and relationships lacked legal recognition and associated rights.

Civil society worked to change that. Efforts to advance the rights of same-sex couples in Thailand date back at least as far as 2011.

The first shift came in 2012, when the government began to consider some kind of recognition for same-sex relations. In 2013 it drafted a civil partnership bill with bipartisan support, but progress stalled under the military government formed as a result of a 2014 coup.

The country remained under military rule until mid-2019, but rather than stopping, LGBTQI+ activism gained strength by connecting with the country’s youthful and outspoken movement for democracy. In 2017, a petition calling for the recognition of civil partnerships gathered over 60,000 signatures. The government responded by preparing a draft bill and holding public hearings where it received overwhelming public support. But by mid-2020, the bill – which activists criticised for not ensuring the same rights as marriage – died in parliament.

When youth-led protests for democratic change erupted in 2020, their demands included LGBTQI+ rights and led to the development of a new bill that was eventually introduced but failed to pass before parliament was dissolved ahead of a general election in May 2023.

LGBTQI+ activists also took to the courts, but received a setback. In 2021, in response to a petition filed by two LGBTQI+ people seeking to get married, the Constitutional Court ruled that the section of the Civil and Commercial Code that defined marriage as being between a man and a woman was constitutional. LGBTQI+ activists were particularly unhappy with the court’s sexist and demeaning language.

Cultural and political battles

Longstanding efforts to normalise the presence of LGBTQI+ people and shift conservative narratives produced high levels of acceptance and support for LGBTQI+ rights. Thailand ranks 44 out of 196 countries in Equaldex’s Equality Index, which rates countries according to their LGBTQI+-friendliness. But unlike most other countries, it places higher for public attitudes than for its laws.

This meant Thai LGBTQI+ activists were able to use the broadly favourable climate of opinion to pressure politicians. They turned LGBTQI+ rights into a bandwagon politicians wanted to join for political gain. As a result, some of the major parties competing in the 2023 election campaigned on pledges to push for marriage equality. This included the progressive Move Forward party, which won the most seats.

But military-appointed senators stopped Move Forward forming a government, and instead Pheu Thai Party, a populist party twice deposed in military coups, formed a coalition with military-aligned parties – not the outcome young democracy activists had hoped for. Still, the new prime minister, Srettha Thavisin, had also promised to send a bill to parliament.

He still took his time, and LGBTQI+ activists gave him the push he needed. By early September 2023, when the new government was sworn in, the Rainbow Coalition for Marriage Equality had collected over 362,000 signatures in support of marriage equality. Srettha sent the bill to parliament in November, and in December debate started on the government’s bill plus three other versions submitted by other parties and civil society.

The House of Representatives passed all four bills with an overwhelming majority, then formed a committee to merge them into one, and passed the combined bill with near unanimity. The Senate completed the process on 18 June.

What – and where – next

The Marriage Equality Bill recognises rights in relation to inheritance, adoption and healthcare decisions. But beyond these direct effects, activists expect it to have powerful indirect impacts, sending a message of acceptance and encouraging younger LGBTQI+ people to come out and lead full lives free of discrimination and violence.

Now marriage equality has been achieved, LGBTQI+ activism is turning to the next big issue – trans rights. Despite playing a prominent role in entertainment, transgender people in Thailand face steep barriers, particularly in employment. They have few legal protections against discrimination, and those that exist aren’t fully enforced. They’re unable to obtain legal documents that reflect their gender identity, and what few rights they have in this regard depend on bureaucratic discretion. To change this, LGBTQI+ activists will keep campaigning for a Gender Recognition Bill.

The significance of the change achieved in Thailand, and the further change that seems sure to come, extends far beyond the country’s borders. Most countries in the region don’t recognise same-sex marriage, and some, including Brunei, Malaysia and Myanmar, still severely criminalise same-sex relations.

Thai activists believe their success can both bring further change at home and set an example for other countries to follow. Given what they’ve achieved, they have every reason for hope.

Inés M. Pousadela is CIVICUS Senior Research Specialist, co-director and writer for CIVICUS Lens and co-author of the State of Civil Society Report.

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Billions will Vote this Year – LGBTIQ+ People Must not be Excluded

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Opinion

UNDP is working in all regions of the world to integrate LGBTIQ+ people and issues in development efforts. Credit: UNDP Dominican Republic

UNITED NATIONS, May 20 2024 (IPS) – This year has been called the ‘super election’ year, with 3.7 billion people potentially going to the polls. This historic political moment is also an opportunity to reflect on what these billions of voter experiences will look like. Who will vote, who can run for office and who might be excluded from the political process?

It goes without saying and is enshrined in the Universal Declaration of Human Rights, that everyone should have the right to participate in the political processes in their country, and huge strides have been made in recent years to recognize and advocate for LGBTIQ+ rights. But the reality for LGBTIQ+ people is often very different.

Because despite progress, one third of countries maintain laws that make same-sex relationships illegal. For the LGBTIQ+ people living in these countries, what is their experience with elections, as voters or as candidates?

Consider the transgender person who faces harassment whenever they leave their home and is ultimately excluded from their community. Or the LGBTIQ+ groups that are receiving constant online hate because of a wave of social media disinformation. To what extent are they free to express their political views, without fear of discrimination, hate speech or even physical violence?

These experiences do not exist in a vacuum. They are the result of a vast swathe of anti-LGBTIQ+ laws and policies, which in some countries are continuing to gather momentum, compounded by the pervasive stigma and discrimination many LGBTIQ+ people face in their everyday lives.

And they directly impact our political processes by silencing people, limiting the extent to which they can have a voice in their societies and in the decisions which affect them, and entrenching structural discrimination.

UNDP has been working for decades to help break these barriers and to strengthen laws, policies and programmes that respect the human rights of all individuals. This demands we work with a broad range of global partners and advocates, recognizing that LGBTIQ+ people are a diverse group and face multiple and intersecting forms of discrimination.

But with estimates suggesting about half of the global population may vote this year, it does throw into sharp focus the need to ensure that the people determining the leadership and political direction of their countries, truly reflects the full diversity of the world we live in.

We have reason to be hopeful that they will. Because with the steadfast support of partners like Luxembourg, UNDP has been supporting global efforts, including LGBTIQ+ organizations and activists, to help transform LGBTIQ+ rights.

For instance, last October, UNDP launched its global publication ‘Inclusive Democracies: A guide to strengthening the participation of LGBTI+ persons in political and electoral processes,’ in a jointly cohosted event with the LGBTI intergroup of the European Parliament.

Its aim is to provide policymakers, electoral management bodies, legislators, civil society and other stakeholders a clear set of tools to work towards a more equal exercise of civic and political rights, freedom of expression and association, and access to public services. The publication, informed by UNDP’s work globally, includes best practices from over 80 countries, mainly from the Global South.

At the same time, UNDP is working in 72 countries and all regions of the world to integrate LGBTIQ+ people and issues in development efforts.

This includes working with young key populations in Southern Africa – which includes young gay men and other men who have sex with men, lesbian, gay, bisexual, transgender and intersex people – to help challenge some of the negative stereotypes appearing in mainstream media, and to change the negative narratives.

Support has focused on organizing media skills training for young people to build their journalistic skills and enhance the use of digital platforms for advocacy on issues affecting them.

But digital platforms also have the power to do great harm, and LGBTIQ+ individuals often face disproportionate online harassment, posing a threat to their equal political participation. With support from Luxembourg, UNDP has been able to prioritize combating dangerous online speech that targets individuals based on gender, sexual orientation or ethnicity.

For example, the Cabo Verde Free and Equal Campaign, part of UNDP’s efforts, focuses on fighting gender stereotypes and eliminating prejudices through legal and communication channels.

The global efforts to address LGBTIQ+ rights are having an impact. The recent HIV Policy Lab report – produced jointly by Georgetown University’s O’Neill Institute, UNDP and the Global Network of People Living with HIV (GNP+) shows a clear and ongoing trend toward decriminalization of consensual same-sex sex around the world, with more countries removing punitive laws in 2022 than in any single year in the past 25 years.

These advances are part of a collective effort, because building inclusive and equitable societies means building a coalition of partners. At UNDP, the importance of partners like Luxembourg in helping to fund this vital work, and shining a light on the injustices LGBTIQ+ people face, is never underestimated.

This is important because investments in human rights are investments in our societies. And thanks to Luxembourg and our core donors, UNDP has been able to help people, whoever and wherever they are, to have a voice in shaping their societies.

This year, the stakes have never been higher. The decisions made in the elections taking place will set the course for how societies develop, and to what extent human rights are respected. Which is why we must also use this moment to recognize our partners and to renew our commitments to the LGBTIQ+ community.

The world’s attention will be focused on the election winners and losers. But the outcome is only one piece of the puzzle. Ensuring the political processes taking place are inclusive, credible and peaceful is how we ultimately build a world where everyone can vote, anyone can run for office, and most importantly, where no one will be silenced.

Ulrika Modeer is UN Assistant Secretary-General and Director of the Bureau of External Relations and Advocacy, UNDP; Christophe Schiltz is Director General, Directorate for Development Cooperation and Humanitarian Affairs, Ministry of Foreign and European Affairs, Defence, Development Cooperation and Foreign Trade, Luxembourg

Source: UNDP

IPS UN Bureau

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Civil Society Scores LGBTQI+ Rights Victory in Dominica

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Opinion

MONTEVIDEO, Uruguay, May 6 2024 (IPS) – On 22 April, Dominica’s High Court struck down two sections of the country’s Sexual Offences Act that criminalised consensual same-sex relations, finding them unconstitutional. This made Dominica the sixth country in the Commonwealth Caribbean – and the fourth in the Eastern Caribbean – to decriminalise same-sex relations through the courts, and the first in 2024.

Similar decisions were made in Antigua and Barbuda, St Kitts and Nevis and Barbados in 2022 – but progress then threatened to stall. Change in Dominica revives the hopes of LGBTQI+ activists in the five remaining English-speaking Caribbean states – Grenada, Guyana, Jamaica, St Lucia and St Vincent and the Grenadines – that still criminalise same-sex relations. Sooner than later, one of will be next. A small island has made a big difference.

Winds of change

The criminalisation of consensual gay sex in the Anglophone Caribbean dates back to the British colonial era. All former British colonies in the region inherited identical criminal laws against homosexuality targeting either LGBTQI+ people in general or gay men in particular. They typically retained them after independence and through subsequent criminal law reforms.

That’s what happened in Dominica, which became independent in 1978. Its 1998 Sexual Offences Act retained criminal provisions dating back to the 1860s. Section 16 of that law made sex between adult men, described as ‘buggery’, punishable with up to 10 years’ imprisonment and possible compulsory psychiatric confinement.

The offence listed in section 14, ‘gross indecency’, was initially punishable by up to five years in jail if committed by two same-sex adults. A 2016 amendment increased the penalty to 12 years.

As in other Caribbean countries with similar provisions, prosecutions for these crimes have been rare in recent decades, and have never resulted in a conviction. But they’ve been effective in stigmatising LGBTQI+ people, legitimising social prejudice and hate speech, enabling violence, including by police, obstructing access to essential social services, particularly healthcare, and denying people the full protection of the law.

Change has begun only in the past decade, but it’s been rapid. Bans on same-sex relations were overturned by the courts in Belize in 2016 and Trinidad and Tobago in 2018. More soon followed.

The legal case

In July 2019, an unnamed gay man identified as ‘BG’ filed a legal case challenging sections 14 and 16 of the Sexual Offences Act. The defendants named in the complaint were the Attorney General, the Bishop of Dominica’s capital Roseau, the Anglican Church and the Methodist Church. The Dominica Association of Evangelical Churches was also listed as an interested party.

The lawsuit was supported by Minority Rights Dominica (MiRiDom), the country’s main LGBTQI+ advocacy group, and three international allies: the Canadian HIV/AIDS Legal Network, the University of Toronto’s International Human Rights Program and Lawyers Without Borders. The law was challenged as discriminatory and an enabler of violence against LGBTQI+ people.

The High Court heard the case in September 2022, and on 22 April 2024, Justice Kimberly Cenac-Phulgence issued a ruling setting out the reasons why sections 14 and 16 violated the applicant’s constitutional rights to liberty, freedom of expression and privacy, and were therefore null and void.

The backlash

LGBTQI+ advocates around the world welcomed the court ruling, as did UNAIDS – the United Nations agency leading the global effort to end HIV/AIDS. But resistance wasn’t long in coming.

Religious institutions, which hold a lot of influence in Dominica, were quick to decry gains in LGBTQI+ rights as losses in moral values. The day after the ruling was announced, Dominica’s Catholic Church published a statement reaffirming its position that sex should only take place within a heterosexual marriage and, while expressing compassion towards LGBTQI+ people, reiterated its belief in the centrality of traditional marriage and family. The Seventh-day Adventists expressed alarm about the potential of the court ruling to lead to same-sex unions and marriages. Some faith leaders voiced outright bigoty, with one prominent figure calling sexual acts between persons of the same sex an ‘abomination’.

The road ahead

Having decriminalised same-sex relations, Dominica is now ranked 116th out of 198 countries on Equaldex’s Equality Index, which rates countries according to their LGBTQI+ friendliness. There’s clearly much work to be done. Outstanding issues include protection against discrimination in employment and housing, marriage equality and adoption rights. LGBTQI+ activists will also continue to push for the recognition of non-binary genders, the legalisation of gender change and the prohibition of conversion therapy.

The Equality Index makes clear that, as in all the Caribbean countries that have recently decriminalised same-sex relations, changes to laws remain far ahead of social attitudes, with considerable public homophobia. As the instant conservative reactions to the court ruling suggest, changing laws and policies isn’t nearly enough. Shifting social attitudes must now be a top priority.

Dominican LGBTQI+ activists know this, which is why they’ve been working to challenge prejudice and foster understanding since long before launching their legal challenge – and why they see the court victory as not the end of a journey but a stepping stone to further change.

The challenge for Dominica’s LGBTQI+ civil society is to replace the vicious circle of legal prohibition, which has reinforced social stigma, with a virtuous one in which legal progress normalises the presence and social acceptance of LGBTQI+ people, which in turn enables effective access to legally enshrined rights.

But they’ll take heart from being part of a broader regional and global trend. While working to ensure rights are realised domestically, they’ll also offer a powerful example that change can result to the circa 64 countries around the world that still criminalise gay sex, including the five holdouts in the Commonwealth Caribbean. More progress will come.

Inés M. Pousadela CIVICUS Senior Research Specialist, co-director and writer for CIVICUS Lens and co-author of the State of Civil Society Report.

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Transgender Health Rights Boosted by Hospitals’ ‘Separate Room’ Policy

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The community frequently targets transgender people. Now they are able to welcome new measures that mean they will be able to safely access health care. Credit: Yusufzai Ashfaq/IPS

The community frequently targets transgender people. Now they are able to welcome new measures that mean they will be able to safely access health care. Credit: Yusufzai Ashfaq/IPS

PESHAWAR, Pakistan, Apr 30 2024 (IPS) – Transgender people and civil society organizations have welcomed the decision of the chief minister in Khyber Pakhtunkhwa, Pakistan, to allocate separate rooms in hospitals for the transgender community so they can avail themselves of uninterrupted healthcare.

“We demand that all provinces follow suit and announce facilities for more than 500,000 transgender people in the country,” Farzana Shah, president of the Khyber Pakhtunkhwa (KP) Transgender Association, told IPS.

On April 6, KP Chief Minister Ali Amin Khan Gandapur announced separate rooms for transgender persons in public hospitals after complaints that they aren’t getting admissions because they face violence in the facilities.

“In the last year, about 47 transgender people have died because of violence, and 90 have been injured. Many injured transgender people die due to delayed treatment. In most cases, we can’t get healthcare at hospitals,” Shah, 40, said.

The Chief Minister’s directives to reserve rooms have received a positive response.

Members of a delegation of transgender people who recently met him quoted Gandapur as saying, “Provision of better health facilities to transgender persons in the province is our priority. We will help the underprivileged community.”

Arzoo Khan, a social activist, is overwhelmed.

“In all 38 district-level hospitals, we now have a separate room. Previously, the hospitals denied admission to our colleagues,” Khan said.

“The problem we face is that most transgender people have been deserted by their families because of social repercussions. People look down on transgender people.”

“We don’t have anyone to help us; therefore, the government’s support is a highly welcome step,” Khan said.

In addition to the allocation of space, the government also provided land for a separate graveyard for transgender people.

Civil society activist Jamal Khan said that there are several instances when the local communities have denied the burial of eunuchs because they don’t consider them Muslims.

“They earn their livelihoods through dancing at marriage parties and on other festive occasions where they have social acceptability,” he said. “The allocation of separate hospitals’ rooms and land for graveyards are really commendable measures that will lead to the protection and respect of transpeople.”

Transgender people are often deprived of last rituals, like giving them baths and performing their funerals after deaths.

Sobia Khan, another leader, said they are deeply vulnerable and subject to abuse and violent attacks, despite being a cheap source of entertainment.

“Some transgender people also have HIV/AIDS and other potentially fatal diseases for which they need continuous medication,” Sobia said.

The attitude of the police towards the group was also bad, she added

“More often than not, police beat up our members; they pull them by their collars and drag them into the streets.”

Khan claimed that her parents have been excluding her for the past ten years.

“Peshawar, the capital of KP, is home to 9,000 transgender persons; most of them have lost connections with their families and they were regarded as sinners and hence ditched by near and dear ones,” Sobia said.

Where the group was targeted by violence, the perpetrators were seldom brought to justice, which emboldens others to mistreat transgender people.

“Sexual harassment of trans people is a common sight. Everyone thinks that we are sex workers, which is untrue because we only dance. Many are raped,” she said.

Police officer Rahim Shah told IPS that many transgender people were invited to marriage parties where they danced for money.

Shah claimed that upon their return from the performance at night, robbers targeted them and killed or injured those who attempted to resist.

“In cases of murder or transgender injuries, their family members don’t come to receive dead bodies for burial or look after the wounded in hospitals,” he said. Their problems are complex, as they neither enjoyed respect in the community nor in their families.

Sumaira Shah, 29, narrates her ordeal after running away from home.

“My family was staunchly opposed to dancing and my father and brothers used to beat me every day, forcing me to quit dancing as it was a source of dishonoring the family but it was my fashion,” she said.

“Sick of daily taunts and beatings, I ran away from my native Swat district to Peshawar when I was just 14,” she said. Since then, I haven’t seen any of my relatives. Shah said she welcomed the hospital room policy.

“A month ago, a hospital in Peshawar sent me back home with some medicines despite having a high fever,” she said.

She said, “People frequently threaten me when I decline their offer for sex relations, and I’m afraid because many of our seniors have died at the hands of gangsters when they didn’t comply with their demand for illicit relations.”

Social rights activist Pervez Ahmed appreciates the government’s new initiatives.

He claimed that this was the first time the government had made an effort to safeguard the health of those who had lost their parents’ support and faced harsh rejection from the community.

Ahmed said that the government has already included transgender people in a free health insurance program, under which they can avail themselves of USD 12,000 per year.

IPS UN Bureau Report

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