World’s Largest Religious Gathering Becomes Trans-Inclusive Despite Controversies

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Religion

Pavitra Nandagiri—one of the highest-ranking transgender spiritual leaders at Maha Kumbh, the largest religious gathering on earth in Prayagraj, India. Credit: Stella Paul/IPS

Pavitra Nandagiri—one of the highest-ranking transgender spiritual leaders at Maha Kumbh, the largest religious gathering on earth in Prayagraj, India. Credit: Stella Paul/IPS

PRAYAGRAJ, India, Feb 18 2025 (IPS) – Despite a blazing sun and growing heat, Pavitra Nandagiri sits on a cot smiling. Clad in a saffron robe and headgear with her forehead painted with turmeric and vermillion, Nandagiri is a Mahamandaleshwar—one of the highest-ranking monks of the Kinnar Akhada (Transgender Arena) at the Maha Kumbh, the world’s largest religious gathering currently underway in northern India.


As a steady stream of visitors pours in to touch her feet, Nandagiri raises her right hand and touches their heads in a gesture of accepting their respect and blesses them.

Just a few hours ago, she had taken part in the special, ceremonial snan (bathing) in the Sangam—a place with mythological significance where three holy rivers—Ganga, Jamuna and Saraswati—are believed to have met. Taking a dip in the confluence of these rivers is considered by Hindus as the most sacred act of one’s lifetime.

The ceremonial bathing is led by the most important of the living Hindu saints and godmen who follow a strict order of hierarchy. On Wednesday morning (February 12), the fourth ceremonial bathing of the 45-day Maha Kumbh was held. Fifteen transgender spiritual leaders, including Nandagiri, marched along with the Naga Sadhus and Aghoris—the legendary saints with ash-covered bodies, matted hair, and minimalistic clothing. Together, they bathed in the river with the holy chant of “Har har Mahadev” (Hail Shiva) while saints of other sects waited for their turn.

A devotee prays at the Maha Kumbh Sangam, where three rivers are believed to have converged. While two of the rivers—Ganges and Yamuna—are visible, the third river, Saraswati, is said to be hidden underneath. Credit: Stella Paul/IPS

A devotee prays at the Maha Kumbh Sangam, where three rivers are believed to have converged. While two of the rivers—Ganges and Yamuna—are visible, the third river, Saraswati, is said to be hidden underneath. Credit: Stella Paul/IPS

Later, inside the Kinnar Akhada, trans gurus receive visitors while some are seen performing some rituals and meditating along with Aghori ascetics. Asked how the partnership between the third highest order of the religious saints and the trans leaders came to be, Nandagiri says that it had been in the making since 2015 and culminated in a functioning collaboration during this year’s Maha Kumbh, which happens once every 12 years. She, however, does not share other details except that perhaps what brought together the two sects is their shared denouncement of worldly pleasure and embracing of a life free from its wealth and other complexities.

Transgender-Inclusive Kumbh: Conditions Apply

At the Kumbh, Akharas are organized into various sects, primarily categorized based on their philosophical orientation and the deity they worship. The two main sects are Shaiva Akharas, dedicated to Lord Shiva, and Vaishnava Akharas, devoted to Lord Vishnu. Each Akhara operates under a hierarchical structure, typically led by a Mahant (chief) or Acharya (spiritual leader) who oversees the spiritual and administrative functions.

The inclusion of the transgender Acharyas in the Kumbh, especially as a part of the highly revered Juna Akhada of the group of the Naga Sadhus, however, has not been completely free of controversies. Some have disputed their claim of embracing a minimalistic life and accused them of indulging in a game of power and authority considered unbefitting for true sainthood.

On January 24, the community ushered in a former film actress called Mamta Kulkarni as one of its top leaders, which led to protests by many both from within the trans community and leaders of other Hindu sects, who described it as a public relations stunt. Baba Ramdev—a well-known yoga guru—called it a violation of the Hindu religious ethos. Some gurus went as far as threatening to boycott the next Kumbh—to be held in 2037—if the Kinnar Akhada is not excluded from the ritual bathing.

Kalyani Nandagiri—another top-ranking trans guru who opposed the actress’s inclusion—was physically attacked by unidentified assailants on February 12.

A monk at the Transgender Arena within the Maha Kumbh. Credit: Stella Paul/IPS

A monk at the Transgender Arena within the Maha Kumbh. Credit: Stella Paul/IPS

Despite these deep divisions and acts of violence, Pavitra Nanndgiri remains hopeful of the community’s future.

“People say a lot of things; some wrongs also happen. But such small issues should not be highlighted much. We are here today, and we will be here then (in the next Kumbh),” she says, sounding more like a peace advocate.

A Different Picture

While inside the Kinnar Akhada, trans gurus are busy receiving and blessing visitors; outside, on the street, a small crowd of men is seen surrounding a young trans man dancing to the fast beats of music.

“This is Launda Naach,” says Ajeet Bahadur—a local theater artist. “It’s a common form of rural entertainment here, performed typically by cross-dressing trans men.”

The audience of Launda Naach is typically male. It is said to have started at a time when women were not allowed to dance in public because of orthodox social norms. However, today the moves of a Launda Naach performer are often sleazy and according to Ajeet Bahadur, the dancers are often sexually exploited, and their performance is rarely seen as art.

“Their lives are unbelievably miserable; there is little respect for their art, all eyes are on their bodies and exploitation and poverty are a constant part of their lives,” says Bahadur, who has studied the lives of Launda Naach performers for some time.

Aside from Launda Naach performers, thousands of other trans men and women in India struggle to earn a living. They are usually seen begging on the street and inside public transport, while many are also often accused of extorting money from small businesses such as shopkeepers in local markets. Not surprisingly, the presence of a trans person in India usually evokes a mix of fear and contempt instead of the deep respect that is on display in the Kinnar Akhada of the Kumbh. Will the elevated status of the gurus here lead to any change in the social status of the common trans people?

Priyanka Nandagiri, a transgender monk, says that it cannot be guaranteed. “Broadly, the transgender community in India is divided into two groups: the Sanatani and the Deredaar. We are the members of the Sanatani group who have always been immersed in religious activities, while the Deredaar are the ones who have chosen a different lifestyle, such as performing dances on the street and at social events like weddings, etc. So, we have always been following separate paths,” she explains.

Dwita Acharya and Mohini Acharya—two other trans monks—nod in agreement: “It will depend on what life they choose,” they say in unison.

”If they want to follow our path (the Sanatani), they will get that recognition but if they want to continue with their usual Deredaar lifestyle, then people will continue to view them accordingly.”

[embedded content]

IPS UN Bureau Report

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Antisemitism On The Rise Among Younger Generations

Civil Society, Crime & Justice, Gender, Global, Headlines, Human Rights, LGBTQ, TerraViva United Nations

Melissa Fleming, Under-Secretary-General for Global Communications, addresses the United Nations Holocaust Memorial Ceremony: Holocaust Remembrance for Dignity and Human Rights in observance of the International Day of Commemoration in memory of the victims of the Holocaust. Credit: UN Photo/Manuel Elías

UNITED NATIONS, Jan 28 2025 (IPS) – The United Nations (UN) held the annual Holocaust Memorial Ceremony on January 27 with the theme “Holocaust Remembrance for Dignity and Human Rights”. This year – 2025 – marks the 80 year anniversary of the end of World War II and the liberation of Nazi concentration camps that resulted in the deaths of over 6 million Jews. This event included testimonies from Holocaust survivors, underscoring the importance of understanding and remembrance. With Holocaust denial and attacks on Jews on the rise, it is important to take meaningful steps as a society to combat racism and antisemitism.


The opening remarks at this ceremony was delivered by UN Secretary-General Antonio Guterres, in which he emphasized the vast scale of minorities who were targeted by the Nazi party as well as the UN’s commitment to remember and honor these victims.

“Every year on this day, we come together to mark the liberation of Auschwitz-Birkenau. We mourn the six million Jews murdered by the Nazis and their collaborators as they sought to destroy an entire people. We grieve the Romani Sintis, people with disabilities, LGBTQIA+ people, and all those enslaved, persecuted, tortured, and killed. We stand alongside victims, survivors, and their families. And we renew our resolve to never forget the atrocities that so outraged the conscience of humankind,” said Guterres.

Guterres went on to elaborate on the importance of remembrance. Although survivors of the Holocaust have continued to share their stories, it is a societal responsibility to fight for justice. “Remembrance is not only a moral act , remembrance is a call to action. To allow the Holocaust to fade from memory would dishonor the past and betray the future,” he said.

The UN Deputy Representative for the United States Dorothy Shea also spoke at this conference, underscoring that Holocaust remembrance is especially important as of today with antisemitism on the rise again, especially among younger generations. “Holocaust denial and distortion are also on the rise. They are a form of antisemitism and are often coupled with xenophobia.  History shows, as hatred directed at Jews rises, violence and attacks on the foundations of democracy are not far behind…The data also highlights a troubling increase in antisemitic attitudes among younger demographics, with significant implications for future societal dynamics,” she said.

On January 14, the Anti Defamation League (ADL) released the Global 100 Survey, a study that analyzes trends of antisemitic beliefs around the world. The survey studied around 58,000 people in 103 countries to represent the 94 percent of the entire adult population. It found that approximately 46 percent of adults worldwide harbor some form of antisemitic beliefs, equal to roughly 2.2 billion people. These numbers are nearly double the amount recorded in ADL’s 2014 survey and mark the highest level on record since the beginning of ADL’s surveys.

Additionally, the survey found that approximately 20 percent of the studied population had not heard about the Holocaust. Roughly 48 percent believe in the Holocaust’s historical accuracy, with this percentage being even lower, at an alarming 39 percent among 18-34 year olds. Furthermore, 50 percent of respondents younger than 35 years of age reported elevated levels of antisemitic beliefs.

ADL surveyors also analyzed a possible link between worldwide levels of antisemitism and the Israeli Defense Forces’ (IDF) extensive acts of brutality against Palestinians during the Israel-Hamas War. Approximately 23 percent of respondents indicated support for Hamas.

Overall, sentiments towards Israel were relatively mixed, with 71 percent of respondents believing that their nation should have diplomatic relations with Israel and 75 percent believing that their nation should welcome tourism from Israeli people. Additionally, about 67 percent of respondents believed that their nations should not boycott Israeli goods.

“Antisemitism is nothing short of a global emergency, especially in a post-October 7 world. We are seeing these trends play out from the Middle East to Asia, from Europe to North and South America,” said Jonathan A. Greenblatt, ADL’s CEO. According to the report, the highest levels of antisemitism are concentrated in the Middle East and North Africa, with the western world harboring relatively lower levels.

The global resurgence of antisemitism is particularly alarming as it has resulted in increased levels of hate crimes and discrimination. “Antisemitic tropes and beliefs are becoming alarmingly normalized across societies worldwide. This dangerous trend is not just a threat to Jewish communities—it’s a warning to us all. Even in countries with the lowest levels of antisemitic attitudes globally, we’ve seen many antisemitic incidents perpetrated by an emboldened small, vocal and violent minority,” said Marina Rosenberg, ADL Senior Vice President for International Affairs.

To effectively combat antisemitism on a global scale, it is imperative for governments, humanitarian organizations, and social media platforms to establish new measures that encourage more diverse and understanding attitudes. This requires action from all individuals to achieve societal progress in eliminating hateful beliefs.

It’s clear that we need new government interventions, more education, additional safeguards on social media, and new security protocols to prevent antisemitic hate crimes. This fight requires a whole-of-society approach – including government, civil society and individuals and now is the time to act,” said Greenblatt.

IPS UN Bureau Report

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Civil Society Trends for 2025: Nine Global Challenges, One Reason for Hope

Armed Conflicts, Civil Society, Climate Action, Climate Change, Crime & Justice, Economy & Trade, Environment, Featured, Global, Headlines, Human Rights, Labour, LGBTQ, Migration & Refugees, TerraViva United Nations

Opinion

LONDON / MONTEVIDEO, Uruguay, Dec 24 2024 (IPS) – It’s been a tumultuous year, and a tough one for struggles for human rights. Civil society’s work to seek social justice and hold the powerful to account has been tested at every turn. Civil society has kept holding the line, resisting power grabs and regressive legislation, calling out injustice and claiming some victories, often at great cost. And things aren’t about to get any easier, as key challenges identified in 2024 are likely to intensify in 2025.


Andrew Firmin

1. More people are likely to be exposed to conflict and its consequences, including humanitarian and human rights disasters, mass displacement and long-term trauma. The message of 2024 is largely one of impunity: perpetrators of conflict, including in Israel and Russia, will be confident they can resist international pressure and escape accountability. While there may be some kind of ceasefire in Gaza or halt to the Russia-Ukraine conflict, those responsible for large-scale atrocities are unlikely to face justice. Impunity is also likely to prevail in the conflicts taking place largely off the global radar, including in Myanmar and Sudan. There will also be growing concern about the use of AI and automated weapons in warfare, a troublingly under-regulated area.

As recent events in Lebanon and Syria have shown, changing dynamics, including shifting calculations made by countries such as Iran, Israel, Russia, Turkey and the USA, mean that frozen conflicts could reignite and new ones could erupt. As in Syria, these shifts could create sudden moments of opportunity; the international community and civil society must respond quickly when these come.

Inés M. Pousadela

2. The second Trump administration will have a global impact on many current challenges. It’s likely to reduce pressure on Israel, hamper the response to the climate crisis, put more strain on already flawed and struggling global governance institutions and embolden right-wing populists and nationalists the world over. These will bring negative consequences for civic space – the space for civil society, which depends on the freedoms of association, expression and peaceful assembly. Funding for civil society is also likely to be drastically reduced as a result of the new administration’s shifting priorities.

3. 2025 is the year that states are required to develop new plans to reduce greenhouse gas emissions and adapt to climate change under the Paris Agreement. The process will culminate in the COP30 climate summit in Brazil, likely the world’s last chance to limit the global temperature rise to 1.5 degrees above preindustrial levels. This will only happen if states stand up to fossil fuel companies and look beyond narrow short-term interests. Failing that, more of the debate may come to focus on adaptation. The unresolved question of who will pay for climate transition will remain central. Meanwhile, extreme weather events such as heatwaves and floods can be expected to continue to devastate communities, impose high economic costs, drive migration and exacerbate conflicts.

4. Globally, economic dysfunction is likely to increase, with more people struggling to afford basic necessities, increasingly including housing, as prices continue to rise, with climate change and conflict among the causes. The gap between the struggling many and the ultra-wealthy few will become more visible, and anger at rising prices or taxes will drive people – particularly young people deprived of opportunities – onto the streets. State repression will often follow. Frustration with the status quo means people will keep looking for political alternatives, a situation right-wing populists and nationalists will keep exploiting. But demands for labour rights, particularly among younger workers, will also likely increase, along with pressure for policies such as wealth taxes, a universal basic income and a shorter working week.

5. A year when the largest number of people ever went to the polls has ended – but there are still plenty of elections to come. Where elections are free and fair, voters are likely to keep rejecting incumbents, particularly due to economic hardship. Right-wing populists and nationalists are likely to benefit the most, but the tide will eventually turn: once they’ve been around long enough to be perceived as part of the political establishment, they too will see their positions threatened, and they can be expected to respond with authoritarianism, repression and the scapegoating of excluded groups. More politically manipulated misogyny, homophobia, transphobia and anti-migrant rhetoric can be expected as a result.

6. Even if developments in generative AI slow as the current model reaches the limits of the human-generated material it feeds on, international regulation and data protection will likely continue to lag behind. The use of AI-enabled surveillance, such as facial recognition, against activists is likely to increase and become more normalised. The challenge of disinformation is likely to intensify, particularly around conflicts and elections.

Several tech leaders have actively taken the side of right-wing populists and authoritarians, putting their platforms and wealth at the service of their political ambitions. Emerging alternative social media platforms offer some promise but are likely to face similar problems as they grow.

7. Climate change, conflict, economic strife, repression of LGBTQI+ identities and civil and political repression will continue to drive displacement and migration. Most migrants will remain in difficult and underfunded conditions in global south countries. In the global north, right-wing shifts are expected to drive more restrictive and repressive policies, including the deportation of migrants to countries where they may be at risk. Attacks on civil society working to defend their rights, including by assisting at sea and land borders, are also likely to intensify.

8. The backlash against women’s and LGBTQI+ rights will continue. The US right wing will continue to fund anti-rights movements in the global south, notably in Commonwealth African countries, while European conservative groups will continue to export their anti-rights campaigns, as some Spanish organisations have long done throughout Latin America. Disinformation efforts from multiple sources, including Russian state media, will continue to influence public opinion. This will leave civil society largely on the defensive, focused on consolidating gains and preventing setbacks.

9. As a result of these trends, the ability of civil society organisations and activists to operate freely will remain under pressure in the majority of countries. Just when its work is most needed, civil society will face growing restrictions on fundamental civic freedoms, including in the form of anti-NGO laws and laws that label civil society as agents of foreign powers, the criminalisation of protests and increasing threats to the safety of activists and journalists. Civil society will have to devote more of its resources to protecting its space, at the expense of the resources available to promote and advance rights.

10. Despite these many challenges, civil society will continue to strive on all fronts. It will continue to combine advocacy, protests, online campaigns, strategic litigation and international diplomacy. As awareness grows of the interconnected and transnational nature of the challenges, it will emphasise solidarity actions that transcend national boundaries and make connections between different struggles in different contexts.

Even in difficult circumstances, civil society achieved some notable victories in 2024. In the Czech Republic, civil society’s efforts led to a landmark reform of rape laws, and in Poland they resulted in a law making emergency contraception available without prescription, overturning previous restrictive legislation. After extensive civil society advocacy, Thailand led the way in Southeast Asia by passing a marriage equality law, while Greece became the first predominantly Christian Orthodox country to legalise same-sex marriage

People defended democracy. In South Korea, people took to the streets in large numbers to resist martial law, while in Bangladesh, protest action led to the ousting of a longstanding authoritarian government. In Guatemala, a president committed to fighting corruption was sworn in after civil society organised mass protests to demand that powerful elites respect the election results, and in Venezuela, hundreds of thousands organised to defend the integrity of the election, defeated the authoritarian government in the polls and took to the streets in the face of severe repression when the results weren’t recognised. In Senegal, civil society mobilised to prevent an attempt to postpone an election that resulted in an opposition win.

Civil society won victories in climate and environmental litigation – including in Ecuador, India and Switzerland – to force governments to recognise the human rights impacts of climate change and do more to reduce emissions and curb pollution. Civil society also took to the courts to pressure governments to stop arms sales to Israel, with a successful verdict in the Netherlands and others pending.

In 2025, the struggle continues. Civil society will keep carrying the torch of hope that a more peaceful, just, equal and sustainable world is possible. This idea will remain as important as the tangible impact we’ll continue to achieve despite the difficult circumstances.

Andrew Firmin is Editor-in-Chief and Inés M. Pousadela is Senior Research Specialist at CIVICUS: World Alliance for Citizen Participation. The two are co-directors and writers for CIVICUS Lens and co-authors of the State of Civil Society Report.

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Georgia’s Dangerous Anti-LGBTQI+ Law

Civil Society, Crime & Justice, Europe, Featured, Gender Identity, Gender Violence, Global, Headlines, Human Rights, LGBTQ, Press Freedom, TerraViva United Nations

Opinion

Credit: Vano Shlamov/AFP via Getty Images

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’

Civil Society, Crime & Justice, Featured, Gender, Gender Identity, Gender Violence, Headlines, Human Rights, LGBTQ, Middle East & North Africa, Religion, TerraViva United Nations

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

Asia-Pacific, Civil Society, Featured, Gender, Headlines, Human Rights, LGBTQ, TerraViva United Nations

Opinion

Credit: Chanakarn Laosarakham/AFP via Getty Images

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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