LGBULLETIN #176 – THE WEEK IN LGBTI NEWS (6-12 NOVEMBER 2020)

Union of Equality: the European Commission presents its first-ever strategy on LGBTIQ equality

The European Commission launched its first-ever EU Strategy for LGBTIQ equality, as announced by President von der Leyen in her 2020 State of the Union Address.  The document comes at a time when discrimination against LGBTI individuals is rising in many European countries, and – according to ILGA-Europe – it “marks a qualitative shift from the European Commission towards playing its full role to defend and protect LGBTI rights”.

“For the first time, the Strategy sets out a clear work programme for a wide range of services in the European Commission in relation to LGBTI rights,” said Katrin Hugendubel, Advocacy Director at ILGA-Europe. “It is committed to being true to the values set out in the EU treaties – like for example proposing legislation to finally ensure that parents can move freely across member states without losing their parental status, (or) to taking a leadership role in working with member states in areas where change needs to happen on national level –  such as banning so-called ‘conversion therapies’ and ensuring legal gender recognition procedures based on self determination. With its understanding that LGBTI rights are not niche issues but touch on all areas of life, the strategy clearly acknowledges the structural discrimination and marginalisation of LGBTI people.”

The document also explicitly cites some “worrying trends of more frequent anti-LGBTIQ incidents”, while Hungary and Poland have recently made headlines for their revived attacks on LGBTI people’s rights. This week alone, the government of Hungary initiated the abolishment of the Equal Treatment Authority – the country‘s prominent equality body set up in 2005. It also submitted amendments that would add a provision to the Constitution stating that “the mother is a woman, the father is a man”, while also presenting a bill to explicitly state that only married couples can adopt children. A provision to make LGBTQI school education programs impossible was also presented to Parliament. Meanwhile, an anti-LGBT group proposed a law in Poland seeking to ban Pride Parades or any other public gathering “promoting” queer identities.

Acá les resumimos la historia de Vicky Hernández, una mujer trans asesinada. Su caso llegó a la @CorteIDH. pic.twitter.com/vh826WRKff

— CATTRACHAS (@CATTRACHAS) November 3, 2020

The Inter-American Court of Human Rights holds historic hearing on the case of a murdered trans woman

The Inter-American Court of Human Rights held a hearing in the case of Vicky Hernández, a trans woman, sex worker and activist who was killed in Honduras after the military coup of June 2009.

The Cattrachas Lesbian Network filed the petition to the Inter-American Commission on Human Rights in 2012, alleging that the State bore responsibility for her death and that it violated her right to life by failing to conduct a meaningful investigation about her murder. The Commission submitted the case to the Court last year, months after it found Honduras responsible for violating her right to life, to equal protection and non-discrimination, and to judicial protection.

This is the first time that a case of a trans person’s murder reaches the Inter-American Court of Human Rights. Organisations on the ground have long demanded justice for Vicky Hernández, as well as for the 347 LGBT persons whose murders have been reported in Honduras from 1994 to 2019.

“With so much impunity, with so many deaths, this is like collective justice,” Cattrachas coordinator Indyra Mendoza told Agencia Presentes. “There are going to be other trans’ names there. There were prejudice, discrimination, violence, and hate, but in the end we are going to achieve that collective justice.”

“All victims of violence in Honduras deserve to have their cases taken seriously and investigated thoroughly by the authorities,” said Cristian González Cabrera, LGBT rights researcher at Human Rights Watch. “LGBT people, who often face discrimination from the law enforcement agents and judicial institutions charged with keeping them safe, are no exception.”

At the end of the hearing, the Inter-American Court of Human Rights decided to grant provisional measures in the case, requiring Honduras to immediately “adopt all the appropriate measures to effectively protect the rights to life and personal integrity of Vicky Hernandez’s family members, as well as those of the members of the organisation Red Lésbica Cattrachas, which is litigating the case in court.”

Aotearoa New Zealand: vending machines to distribute home HIV test kits in an attempt to reduce barriers to accessing testing

In a move to overcome fears of stigma and discrimination, the New Zealand AIDS Foundation launched at home self-administered HIV testing kits that will soon be available for free through vending machines.

The NZ AIDS Foundation estimates that  50 per cent of gay and bisexual men are not out to their healthcare providers, as they face multiple barriers when seeking to be tested – including stigma, cost, accessibility, and fear of being “outed”. NZ AIDS Foundation chief executive Dr Jason Myers explained that the vending machines are going to “meet people where they are”, providing them with tools to take control of their sexual health.

A pilot of the concept in Auckland found that over one in four among the 162 users had not been tested in the previous 12 months. “Having more of these machines in venues will enable more men who may need to be discreet, or aren’t able to have conversations about sexual practice with their healthcare providers, to test themselves in the comfort of their own homes,” Myers said.

Despite decriminalisation, Gabon arrests two women for “gross indecency”

Two Gabonese women have reportedly been arrested in eastern Gabon for “gross indecency”. According to the Agence France Presse, they were accused of “faking a gay marriage” and kissing in public. The two women now risk two years in prison and a fine of 2 million CFA francs (3,500 euros).

The report comes a few months after Gabon formally decriminalised consensual same-sex intimacy between adults in June, scrapping a short-lived ban that had been introduced in the Criminal Code in 2019. The law, however,  “does not allow to celebrate same-sex unions or to kiss in public because it offends morality,” explained a source close to the case on condition of anonymity.

This arrest confirms a worrying trend described in ILGA World’s State-Sponsored Homophobia report: even prior to the 2019 ban, African activists had reported arrests for “moral attacks” based only on the form of dressing “translating sexual orientation”.

China’s same-sex couples come out to census takers, hoping for visibility

As China started the once-in-a-decade census, same-sex couples have been coming out to seek recognition and visibility. Posts appeared on social media encouraging queer people to tell census takers: “They are not my roommate, they are my partner.”

Even if information beyond the predefined responses won’t be recorded, activists hope to gain visibility and move forward their fight for legal recognition. “These census takers may have never met, or even heard of, gay people, so if we have the opportunity to talk to them, they can better understand the LGBT community,” said Peng Yanzi, director of LGBT Rights Advocacy China, the NGO behind the campaign.

China decriminalised same-sex intimacy between consenting adults in 1997 but doesn’t provide legal recognition for same-sex partnerships. Earlier this year, the National People’s Congress passed the country’s first-ever civil code, assigning a property owner the power to grant another individual the right to live on the property for life, giving hope to same-sex couples often hit by evictions.

Advocates claim that acceptance has been growing among the population.  “We are a part of China’s population,” Peng said. “But the system hasn’t kept up with the times.”

United States: after Joe Biden’s win, more work lies ahead towards LGBTI equality worldwide

LGBTI activists around the world are looking to the new US President-elect Joe Biden and Vice President-elect Kamala Harris, hoping for change as elections marked some pivotal moments for LGBTI people in the United States.

Indeed, a record number of openly queer persons were elected in federal, state and local elections across the country – perhaps an indication of increased societal acceptance of LGBTI persons in the USA. VP-elected Kamala Harris chose a black lesbian woman as Chief of Staff, and many cheered when Biden ackowledged trans persons during his victory speech.

A shift in laws, policies and public attitudes towards LGBTI people in the United States is poised to have a ripple effect well beyond its borders. “[LGBTI people] have been subject to increased hate that has been unleashed in copy-cat imitation of the poor presidential leadership in the United States,” ILGA World Executive Director André du Plessis told the Washington Blade. “[We] have experienced first-hand what happens when society is encouraged to bully, shame, mock, harm and belittle others who are different.”

“The citizens of the United States have this week voted—albeit closely—to reject this kind of leadership,” said du Plessis. “The planet is crying out for more compassionate, mature, visionary, unifying and empathetic leaders, and we now look to President-elect Biden and Vice President-elect Harris to be an example.”