“To those who will not take bold action to change policies and laws and end stigma and discrimination in all its forms, what do we say? Lead, follow, or get out of the way!”
~ UNAIDS Deputy Executive Director Dr Shannon Hader
From the UN: UNAIDS launched its 2019 World AIDS Day campaign “Communities make the difference”. The campaign emphasizes the essential role that communities have played and continue to play in the AIDS response. It celebrates the work of peer educators, networks of people living with or affected by HIV, such as gay men and other men who have sex with men, people who inject drugs and sex workers, women and young people, counsellors, community health workers, door-to-door service providers, civil society organizations, and grass-roots activists. First recognized in 1988, World AIDS Day is celebrated every year on 1 December.
The UN Population Fund (UNFPA) co-hosted with Denmark and Kenya the Nairobi Summit in recognition of the 25th anniversary of the International Conference on Population and Development (ICPD). The ICPD was deemed remarkable for its “Programme of Action” that recognized that reproductive rights are human rights. At the Nairobi Summit leaders addressed issues such as unmet contraception need, maternal mortality, ending gender-based violence and female genital mutilation, child and forced marriages, and others important gender issues.
During the Summit session “HIV: Unfinished business for those most left behind” panelists spoke about the role of young people and key populations in fighting the epidemic. The diverse panel included: Tunisian LGBT+ activist Badr Baabou, Ugandan HIV activist and sexual assault survivor Barbara Kemigisa, Georgian drug policy advocate David Subeliani, Kenya’s Grace Kamau of the African Sex Workers Alliance, British-Nigerian Reverend and openly gay poet Jide Macaulay, Argentinian trans activist Marcela Romero, Gambian Mo Barry of the HIV Young Leaders Fund, trans activist and Executive Director of Accountability International Ricki Kgositau, UNAIDS Deputy Executive Director Dr Shannon Hader, leading women’s rights defender of Haiti Dr Lise-Marie Dejean, and Dr. Robert Mudyiradima of Zimbabwe’s Ministry of Health and Child Care.
Speaking to Reuters, some LGBT+ delegates to the Nairobi Summit expressed disappointment that more attention was not given throughout the Summit to the concerns of sexual and gender minorities. Among the topics delegates felt needed greater attention included criminalization of sexuality, sexual health, intersex genital mutilation (IGM), conversion therapy, and violence against LGBT+ people and especially against trans women around the world.
The UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, Victor Madrigal-Borloz, published an op-ed in the Guardian in which he condemned the “demonising or scaremongering” discourse in Australia surrounding transgender youth. Noting that many are dismissing trans youth as part of a “social fad” or an “ideology” he stated:
“I wish to state in the strongest terms possible that such narratives are not only profoundly incorrect, but also perpetuate harmful stereotypes which delegitimize the identities of trans people and ultimately impede access to their human rights.”
HIV, Health, and Wellness: The 17th European AIDS Conference (EACS 2019) took place in Switzerland bringing over 3,000 participants to share experiences, new research, and new prevention tools. During the event, UNAIDS moderated a panel of international experts on community organization and activism. At the panel, openly gay Wales rugby star Gareth Thomas (who recently came out as HIV-positive) discussed the impact stigma continues to have on people living with HIV.
A new study presented at EACS 2019 evaluating HIV-positive gay and bisexual men in the UK, Spain, Greece, and Italy found that men in England had considerably higher reported use of chemsex drugs than men in other countries. Dr Katie Conway drew attention to the very low rates at which men across all four countries seek professional support for their drug use even when they report that the use of drugs has harmed them.
Writing for The Lancet Psychiatry, a group of Canadian doctors issued a “call for action” to better address overdose among LGBTQ people in North America. They urged for new data-capture strategies in large-scale health surveys to better assess effects based on sexual and gender identities. They also noted addiction-treatment services must be better educated to provide stigma free care tailored to LGBTQ patients.
A new study in The Lancet found that crowdsourcing could be an effective strategy to create health interventions in China. The study looked at gay men and other men who have sex with men and their willingness to promote testing for hepatitis.
Also from China, the Public Interest Law Center on Equal Rights for LGBTI published a report finding that at least 96 centers and hospitals across the country are offering conversion therapy—a practice that has been linked to poor mental health and suicide.
A new study in the Journal Of Epidemiology and Community Health found that in Denmark and in Sweden the rate of suicides among gay and lesbian people in relationships dropped after same-sex marriage was legalized. Although same-sex married couples still have higher rates of suicide than heterosexual married couples, researchers concluded that the legalization of marriage has coincided with fewer suicides among same-sex couples.
In South Africa, the Wits Reproductive Health and HIV Institute has opened the first healthcare facility dedicated to trans patients. The clinic, funded through a five-year program with USAID to advance the HIV response among key populations, is one of four Wits plans to open across the country. It will provide HIV testing and counselling, male and female condoms, PrEP, primary care, family planning, and hormone therapy.
From the US, Rewire News explored how trans people in the country are able to access hormone therapy treatment. They spoke with Erin Reed who launched a digital map that shares the location of “informed consent clinics” across the country that simplify care for trans people. At these clinics trans people are able to obtain hormone therapy without consulting with a mental health professional. They also do not require a person to present as their gender without hormone therapy for months or years—as some clinics do.
There is still time to take part in the fourth Global Men’s Health and Rights Survey. This is the fourth global survey led by M-Pact and developed with collaborations of community organizations around the world. The previous study, conducted in 2014, garnered over 10,000 responses which were used to support policy development, program implementation, and advocacy. Available in Indonesian, Swahili, Vietnamese, English, Arabic, Chinese, French, Spanish, Portuguese, and Russian, the survey will close 29 February—add your voice and share with your communities now!
More HIV, Health, and Wellness
From the World of Politics: In the Cook Islands, Member of Parliament Tingika Elikana announced that laws criminalizing same-sex sexual activity will be reinstated in the draft Crimes Bill. In 2017, this language was removed from the draft, and activists thought this signaled the decriminalization of same-sex sexual activity for the Islands. They also hoped the change would lead to less discrimination across the Pacific. However, Elikana, who is chairman of the committee overseeing the Crimes Bill, said that there were concerns that without the law “you more or less encourage [homosexuality] to be in the open” and so the language has been restored in the draft.
In Kenya, the Statistics Bureau released the initial results from the first ever nationwide census to include “intersex” as a gender category. Kenya is the first African country to add the category following a government established Intersex Persons Task Force. Activists said the number of intersex persons recorded in the census was likely underreported as people still fear stigma. A bill has been introduced to Parliament to allow national ID cards to include “intersex” as a gender category.
From the US, the New York Times reported that the Department of Health and Human Services (HHS) has proposed changes to rules to allow faith-based agencies to refuse to work with individuals that do not follow a group’s religious beliefs. In the previous administration, regulations required groups receiving federal funds to follow nondiscrimination rules. Calling the changes “horrific”, Human Rights Campaign’s Alphonso David noted:
“This would permit discrimination against LGBTQ people, religious minorities, and women in programs related to foster care, adoption, HIV and STI prevention, youth homelessness, refugee resettlement, elder care programs and more. It is unconscionable that the Trump-Pence administration would prioritize advancing discrimination over the wellbeing of vulnerable people and expect taxpayers to foot the bill for their discriminatory policies.”
Australia’s Parliament is preparing to vote on the long-awaited Religious Freedom Bill. Following the legalization of marriage equality in 2017, religious conservatives pushed the government to conduct a “religious freedom review” to examine protections for religious freedom in the country’s law, work, education, and more. The draft bill, released in August, would override all other federal and state anti-discrimination bills, as reported by the Guardian and others.
A new survey of about 4,500 LGBTIQ+ Australians and their allies found that the debate surrounding the Religious Freedom Bill has had an extreme negative impact on the LGBTIQ+ community, increasing negative and vulnerable feelings and increasing distrust of the media and politicians. Equality Australia released a new report that demonstrates how the bill could negatively impact the country’s healthcare system. And Former High Court Justice Michael Kirby spoke out for the first time calling it an “unbalanced law that will sustain nastiness and hostility that we can well do without”. He further explained that scripture passages can be found to support “just about every prejudice known to mankind”:
“Never forget that apartheid in South Africa was ultimately justified by reference to the supposed religious condemnation of miscegeny and that racial intolerance was based on the alleged inferiority of black people traced to contestable biblical texts.”
More from the World of Politics
The Politics of Union: The Cayman Islands Court of Appeal overturned a ruling from March that legalized marriage equality. The Appeals Court did, however, order that the government must provide same-sex couples legal status “functionally equivalent to marriage”. It also noted that the Legislative Assembly has thus far been “doing all it can to avoid facing up to its legal obligations” to provide partnership rights. It called upon the UK, of which the Cayman Islands are an Overseas Territory, to take action if the Island’s government continues to withhold partnership rights. Earlier this year, the UK Foreign Affairs Committee published a report calling for all British Overseas Territories to legalize same-sex marriage.
In Chile, a Senate committee voted to move forward with legalizing same-sex marriage. The initiative, which has been stalled in the Senate since 2017, would replace the terms husband and wife with gender neutral language. It will now move to a vote by the Senate Chamber.
In Panama, President Laurentino Cortizo has asked the National Assembly to drop an article from the proposed new constitutional reforms that would limit marriage to between a man and a woman. The article is one of 20 reforms the President hopes the legislature will reject when it votes on the constitution in 2020.
Armenia’s Parliament voted to dismiss a draft law that would outlaw same-sex marriage and adoption by gay couples. Armenia’s constitution already defines marriage as between a man and a woman and lawmakers called the draft law “redundant”.
In South Korea, the LGBTQ rights group Gagoonet announced that 1,056 people have filed a joint complaint with the National Human Rights Commission of Korea arguing that same-sex couples should have the right to marry and have families. The complaint states that withholding this right has impacted economic and social rights including access to healthcare, housing, and workplace benefits. Last month President Moon Jae-in and First Lady Kim Jung-sook met with the New Zealand ambassador Philip Turner and his husband Hiroshi Ikedak —the first time a same-sex couple has been officially received by the president.
In Northern Ireland, the Guardian reported that at least 1200 same-sex couples in civil partnerships will be unable to convert their relationships to marriages as soon as gay marriage becomes legal next year. Couples must formally dissolve their civil partnership two years after it was formed “on the grounds of separation, unreasonable behavior or desertion”. A group of couples and a minister announced they will file a legal complaint asking to have their civil partnerships eligible for marriage.
More from the Politics of Union
Let the Courts Decide: The Eastern Caribbean Alliance for Diversity and Equality (ECADE) announced they will file five simultaneous legal challenges against laws criminalizing same-sex sexual activity in Barbados, Saint Kitts and Nevis, Antigua and Barbuda, Grenada, and Saint Lucia. Having worked with local communities to understand how the laws have impacted them, ECADE noted that the litigation process will strengthen local advocacy groups. The announcement drew some negative response, including from Bishop Dr. Thomas Eristhee who rejected ECADE’s claim that criminalizing laws stigmatize LGBTQI people. Eristhee noted that things “that can destroy communities and the nation” could never be accepted.
In St Vincent and the Grenadines, the High Court held the pretrial hearing challenging the laws that criminalize same-sex sexual relations. The court has granted a group of 10 churches known as the Christian Coalition to join the case in favor of the laws.
The Inter-American Commission on Human Rights (IAHCR) heard a petition from two Jamaican activists arguing that Jamaica’s laws criminalizing same-sex sexual relations are in breach of the American Convention on Human Rights.
Singapore’s Supreme Court has begun hearing a series of cases challenging Section 377A of the Penal Code that criminalizes consensual sexual activity between males. The cases, filed by musician Johnson Ong Ming aka DJ Big Kid, retired general practitioner Tan Seng Kee, and Executive Director of support group Oogachaga, Bryan Choong, were inspired by the success of litigation targeting India’s criminalizing law.
A Zimbabwe High Court ruled in favor of a trans woman who, in 2014, was arrested for using a women’s bathroom and detained for three days, during which time she was subjected to “forced anatomical examinations”. The court awarded Rikki Nathanson, who went on to become an activist and Board Member of OutRight Action International, Z$400,000 ($1105 USD) for her ordeal. Judge Francis Bere said that transgender citizens are part of Zimbabwean society and their rights ought to be recognised:
“One cannot avoid concluding that the conduct of the police in arresting and detaining the plaintiff was quite outrageous because clearly, they abused their discretion in arresting her. The prosecution of the plaintiff was both thoughtless and malicious.”
A court in Turkey heard arguments against 18 students and one lecturer who were arrested for participating in a Pride march at a university in Ankara. Ankara’s governor banned LGBTI events in 2017, claiming that in an emergency environment such events could provoke violence. Earlier this year an Appeals Court found that the emergency ban should be lifted. Leading international advocacy groups urged officials to drop all charges against the students. Defendants argued that there is no legal grounds for the ban that led to the students’ arrests. As one defendant reasoned:
"Every step we take is a Pride march. Our existence is a Pride march. You cannot ban the Pride march."
In India, a trans activist petitioned the court to strikedown government requirements that a trans person must show proof of gender reassignment surgery to receive a passport.
In the US, a District Court of New York ruled against the “Conscience Rule” of the Department of Health and Human Services (HHS). The rule would allow individuals and health care entities to opt-out of caring for patients when that care violates the provider’s beliefs. Judge Paul Engelmayer found that the HHS exceeded its authority and that there were “numerous, fundamental, and far-reaching” violations of federal law with the Conscience Rule—as reported by NPR. Another lawsuit against the HHS on this issue is pending in a District Court of California. The rule is one of the key changes enacted by the “Conscience and Religious Freedom Division” established in 2018—for more see reporting by Reuters, Bloomberg, and others .
Regarding Religion: Addressing participants at the World Congress of the International Association of Penal Law, the Pope condemned a “culture of rejection and hatred”. He said he is sometimes reminded of Hitler when he hears certain government officials speak with hatred. He noted that “the persecution of Jews, gypsies, and people with homosexual tendencies” is part of this culture.
From Kenya, evangelist and pastor Jacinta Nzilani Kilonzo gave a radio interview in which she shared her story as a “proud” lesbian. From eSwatini, openly gay Pastor Fana Lukhele spoke at the Eswatini Sexual and Gender Minorities conference and reassured that the "LGBTI community was suitable and good in the eyes of the Lord".
From the US, the Western Jurisdiction of the United Methodist Church announced it is a “safe harbour” for LGBTQ clergy. As such, they will not stop LGBTQ people from becoming clergy members nor will they punish those who officiate same-sex marriages. This breaks from the official United Methodist Church policy. In February, the Church held a special international conference to decide how it would handle LGBTQ issues. In a very close vote, participants selected a “traditional plan” that says “homosexuality is incompatible with Christian teaching”.
Writing for the Bitter Southerner, journalist Tom Lee described what it has been like to be both a Methodist and an advocate as the Church borders on a schism.
Fear and Loathing: Last month Uganda's Ethics Minister Simon Lokodo stated that some MPs plan to reintroduce the 2014 Anti-Homosexuality Act (AHA)—known as the “Kill the Gays Bill”. However, other government officials denied this was true and Minister of Health Dr Ruth Aceng, made statements condemning human rights violations against any people in Uganda.
Despite this statement, Ugandan police confirmed they raided an LGBT-friendly bar hosting a health outreach event and arrested nearly 130 people. Some were later released although 67 await bail hearings. Outside the court, activist Raymond Karuhanga remarked that the arrests were a “homophobic attack” intended to “silence us as a community”. This follows the recent arrest of 16 members of LGBT support group Let’s Walk Uganda and an increase in violent acts against LGBT people.
Four HIV experts from Côte d’Ivoire, South Africa, Zimbabwe, Kenya released a joint statement urging the Ugandan government to stop criminalizing same-sex behavior. They reminded leaders that African scientists have “definitively debunked that homosexuality is unnatural in Uganda and that people can be recruited to become LGBT”. They further warned that these policies against LGBT people is contrary to the country’s National HIV/AIDS Strategic Plan.
In Malaysia, police raided a private residence and arrested eleven men for "attempted" gay sex. Six of the men have been sentenced to six months in jail, six strokes of the cane, and a 4,800 ringgit ($1,163) fine. The others are awaiting trial. Executive Director of Amnesty International Malaysia, Shamini Darshni Kaliemuthu noted:
“These vicious punishments against LGBTI people are the actual crimes being committed here.”
From Myanmar, the Denmark-Myanmar Programme on Rule of Law and Human Rights released a new report that highlights recurring human rights violations against LGBTIQ people. The report explores how outdated laws, discriminatory attitudes of law enforcement officers, and the criminal justice system contribute to systemic injustice and the suffering of LGBTIQ people.
In Sinkor, Liberia, angry crowds have disrupted a private event that they suspected as being “LGBT party” or “gay wedding”. Journal Rage reported that a birthday party held at a center operated by the nonprofit Population Services International (PSI) was violently attacked by a mob and several attendees were wounded.
In Slovenia, police confirmed that an unknown group attacked the popular LGBT nightclub Klub Tiffany. The assailants smashed up the venue and hurled homophobic abuse while staff and patrons barricaded themselves in a secure area. The police said they are treating it as a hate crime.
A Russian YouTube channel has come under fire as authorities opened a criminal investigation on the grounds of “sexual assault” of children. In the video in question, Russian kids ask a gay man questions about his life. It is part of a series where children ask unscripted questions to people with different life experiences. Attention was drawn to the video when it was reported for violating the anti-gay propaganda law.
Winds of Change: Around the world, people reflected on the Transgender Day of Remembrance. First founded in 1999, the day is a time to memorialize all those who have been murdered due to their gender identity. The Trans Respect Versus Transphobia project reported that between 1 October 2018 and 20 September 2019 there were at least 331 reported killings of trans and gender diverse-people around the world.
UNAIDS profiled TransWave Jamaica which to promote trans people’s health and well-being in the country. The team behind TransWave discussed how they continue to advocate for the community despite the fear of backlash, stigma, and discrimination. Renaè Green, Associate Director for Policy and Advocacy, emphasized the importance of visibility:
“For a long time, people actually said that transgender people didn’t exist in Jamaica because people could not put a face to them or identify anyone who was transgender. Now we have so many people who identify.”
From Brazil, journalist Kees Rottinghuis spoke with trans people who have found refuge living at Casa Nem—an abandoned building where homeless LGBT people live with only the protection of each other.
From South Africa, Kim Harrisberg spoke to SistaazHood—a group of mostly homeless transgender sex workers who support one another to provide refuge and safety. SistaazHood have also worked with police and other civil society groups to help create guides for officials in their interactions with homeless and trans people.
From India, journalist Atono Tsükrü Kense spoke to Guardian Angel, a support group for LGBT people living in the mainly rural state of Nagaland. Although the conservative environment has made many live in fear, Kense found that some are encouraged by the changes happening in other repressive societies and have hope that those changes will come to their communities.
Author and curator at the British Library Steven Dryden explored the history of executions of men undery the UK's Buggery Act of 1533 using three documented cases. Author Omar G. Encarnación explored the trend of official apologies and other reparations made to gay people for the harms they have suffered in Spain, the UK, US, Canada, Netherlands, Belgium, and Germany.
On the March: In Hong Kong, organizers of the annual Hong Kong Pride Parade said over 6,500 people came out to peacefully celebrate the community despite a last minute ban from the police that prevented the group from marching. Police allowed a static rally but determined that a parade could not go forward in the current political climate among violent democracy protests occurring throughout the region.
From Lebanon, the LGBT+ community is hoping that nationwide protests against the government could provide an opportunity for increased freedoms. Speaking ahead of the Thomson Reuters Foundation's annual conference, Tarek Zeidan, executive director of rights group Helem, remarked:
“It is not the work of the revolution to change homophobic and transphobic attitudes for us. (But) the hope is that it ushers in a level playing field for us to engage in this important work on these very difficult subjects of gender identity and sexuality.”
The US-based fast food chain Chick-fil-A announced that it would stop contributing some organizations that have opposed marriage equality. Activists have long objected to the Chick-fil-A Foundation’s support of anti-LGBTQ groups. An investigation earlier this year found that in 2017 alone the company had donated $1.8 million to groups with anti-LGBTQ links. In September, Chick-fil-A opened its first Toronto location and was met with angry protests. Meanwhile, in October, it was forced to close its first location in the UK following protests and boycotts led by LGBTQ activists.
Sports and Culture: Writing for Ozy, Joshua Eferighe tracked the rise of openly trans musicians across all music genres. Despite their fanbases, few have broken out to a mainstream audience. But many suspect a change is coming—Watch some of their videos!
In a new article in Nature Ecology & Evolution, researchers note that same-sex sexual behavior has been recorded across 1,500 animal species. They examine the question long considered a "paradox"—that is, why has same-sex sexual behavior repeatedly evolved despite the presumption that this behavior is evolutionarily disadvantaged.
Gay penguin couples are again stealing hearts and headlines. This month, Australia’s Sea Life Sydney Aquarium announced “power couple” Sphen and Magic have adopted a second egg after raising their first chick last year. Keeper Tish Hannan noted that they have the “biggest and most beautiful —and possibly neatest—nest in the entire exhibit” and that they are “fantastic parents”.
Top image by Clem Onojeghuo