LGBULLETIN #147 – TWO WEEKS IN LGBTI NEWS (7-20 FEB 2020)

Switzerland: referendum shows widespread support for anti-discrimination legislation

On 9 February a majority of Swiss citizens voted in favour of legislation protecting lesbian, gay and bisexual people from discrimination and incitement to hatred, in what local human rights defenders are hailing as a victory.

The bill had been passed in December 2018, though a coalition of conservative parties and stakeholders sought a referendum to block it from coming into effect. However, with 63.1% of votes in favour of extending anti-racism legislation to protect LGB persons, the motion was defeated by a significant margin.

Advocacy in favour of adopting the law was headed by a coalition of human rights defenders and LGBTI-led NGOs. In the months leading up to the vote, more than 200 separate events were organised around the country, with tens of thousands of flyers, badges and pride flags given out or put on display to raise awareness for the cause.

ILGA World – which is based in Geneva, Switzerland – collaborated with ILGA Europe on a brief video message in solidarity with the campaign, prior to the vote.

“Today, it is not only the rights of lesbians, gays and bisexuals that are being strengthened, but also those of all minorities,” said Muriel Waeger, co-director of the ’yes’ campaign, after the voting results were announced.

The newly adopted law would penalise those who “publicly degrade” others or deny them services based on their sexual orientation with up to three years in prison. However, it does not affect private conversations.

This outstanding result will now help in building momentum towards equal rights for all, starting with upcoming parliamentary debates on marriage equality and legal gender recognition based on self-determination.

Viet Nam: LGBT youth face stigma and discrimination at school, report finds

A new report released by Human Rights Watch documents how LGBT youth in Viet Nam face stigma and discrimination at school, within their families, and in social settings due to inaccurate information about sexual orientation and gender identity issues.

One bisexual woman interviewed in the report notes that stigma remains widespread in Vietnamese society, as there “are very few people who think that this is normal.” A school employee, also quoted in the report, spoke about the pressure that many children are put under to “be straight”.

As a result, many young people face disproportionate levels of verbal harassment and physical abuse. Despite the Education Ministry producing  guidelines on LGBT-inclusive sexual education, no such curriculum has yet been implemented. This means that teachers often continue to advocate for the idea of LGBT persons as sick, or are not trained in how to deal with discrimination cases.

“The government of Viet Nam has indicated support for the rights of LGBT people in recent years, but tangible policy change has lagged,” said Graeme Reid, LGBT rights director at Human Rights Watch. “LGBT youth are especially vulnerable due to inadequate legal protection and widespread misinformation about sexual orientation and gender identity.”

United States: Virginia grants discrimination protections to LGBTQ people

The Virginia State Assembly has formally passed the Virginia Values Act, a bill which grants sweeping new protections to people in the state against discrimination based on sexual orientation, gender identity, race, disability, religion, and a host of other categories. According to reports, this makes Virginia the first state in the South to include protections for LGBTQ persons, and the first state in more than a decade to update its non-discrimination policies to include our communities.

“Today, history was made in Virginia, and LGBTQ Virginians are one step closer to being protected from discrimination,” said Human Rights Campaign president Alphonso David.

Previous anti-discrimination bills have been debated in the Virginia legislature several times, but were repeatedly blocked by conservative members of the Senate. However, recent elections saw a significant shift in House membership, which allowed the bill to be passed in its latest introduction.

“This day would not have been possible without the years and years of tireless work from advocates across the commonwealth, or the voters in Virginia that filled the halls of the General Assembly with pro-equality champions who fulfilled their promises,” said David.

The bill protects from employment discrimination all government and school board employees, as well as those working in companies with six employees or more. It will also update Virginia’s Fair Housing Act to protect LGBTQ people from discrimination when trying to rent or purchase property.

Barbados: trans woman files landmark employment discrimination case

For what is thought to be the first time on record, a case has been filed with the Employment Rights Tribunal (ERT) to rule on the termination of a trans woman from her place of work.

Alexa Hoffman claims her dismissal constitutes discrimination on the grounds of her gender identity, as her employer allegedly asked her to work from home shortly after she had legally amended her name, and then placed her on leave so that the company could “engage in consultations on the matter”.

Hoffman noted her employers had already been aware of her name and gender identity before she had legally made the amendments. It was only after formally changing her name, however, that the company allegedly began to act against her.

“Regardless of an employer’s consternation about the diversity of his staff, as long as that diversity does not have a direct impact on the work they are employed to do it should not be cause to suspend them,” Hoffman said. “If you have an employee, whether they are gay, straight, bisexual, trans, disabled, HIV positive or whatever the situation is…let them do their work in peace, and if I have to go through the Employment Rights Tribunal process to let employers know that I have the right to be left alone to do the work that I have been hired to do, then so be it.”

Aotearoa New Zealand: housing crisis disproportionately affects marginalised groups, says UN expert

UN Special Rapporteur on the right to housing, Leilani Farha, has called on Aotearoa New Zealand to implement a “more ambitious, innovative and courageous approach” to the country’s housing shortage, which she has labelled a “human rights crisis of significant proportions”.

Currently, one out of 100 people living in the country are homeless, with at least half being under the age of 25. Farha has said that those most impacted by the situation are already the most marginalised, such as Maori, Pasifika, immigrants, single parents, people with disabilities, and the LGBTQI+ community.

“A human rights crisis demands a human rights response. The Government must recognise in national law that housing is a fundamental human right requiring legal protection,” said Farha. “In my view, New Zealand must also adopt a comprehensive rights-based housing strategy that focuses on structural changes and that sets short and long term targets and establishes monitoring and accountability mechanisms.”

Aotearoa New Zealand’s Human Rights Commissioner has welcomed the recommendations, acknowledging that “much more needs to be done to address the housing crisis.”

Prime Minister Jacinda Ardern has said that her government is working to improve the housing situation but has rejected the idea of implementing a capital gains tax, one of numerous recommendations made by Farha on how best to address the situation.

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— Same Love Toti (@SameLoveToti) February 17, 2020

South Africa: #Justice4Lindo – brutal murder of another LGBTI activist sparks outrage

In an horrific incident which has shocked human rights defenders across the country, 23-year old LGBTI activist and musician Lindokuhle Cele was murdered near the coastal city of Durban, KwaZulu Natal province.

A family spokesperson has said that Cele had gone to buy meat at a local butchery when a passer-by assaulted him.

He was reportedly stabbed 21 times before passing away, and it has been widely stated that none of the onlookers made any attempt to intervene in the attack.

A suspect was arrested, but his bail application was postponed until 25 February, as authorities have not yet identified his place of residence or other means of following up with him during his trial. His initial appearance in court also saw the attendance of Cele’s family, friends, members of political parties and LGBTI human rights defenders who picketed in support of Cele.

The incident marks the third known murder of a member of the LGBTI community in South Africa in two months. In November 2019, Mmabatho “Madonna” James was found murdered in the North West Province. In December a lesbian woman, Portia Mtshweni, was murdered and mutilated in the Mpumalanga province; and in January trans activist Nare Mphela a was found stabbed to death in Limpopo province. No arrests have yet been made for these incidents.