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RUSSIA : Pro-Putin Chechen general who led ‘gay purge’ killed in Ukraine

Pro-Putin Chechen general who led ‘gay purge’ killed in Ukraine

Chechen general Magomed Tushayev was killed on Saturday, and was responsible for for torturing and murdering LGBTQ+ individuals.





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El SALVADOR: No safe haven for LGBT people

Strengthen protections, end asylum pact with US.

 

By Neela Ghoshal

 

HRW (08.01.2021) – https://bit.ly/3qkN5ZV – Salvadoran president Nayib Bukele agreed on December 15 to implement an Asylum Cooperative Agreement with the US government. It allows US immigration authorities to transfer non-Salvadoran asylum seekers to El Salvador, instead of allowing them to seek asylum in the US.

 

US President-elect Joe Biden has pledged to terminate the deeply flawed agreement, a deeply flawed deal that presupposes El Salvador can provide a full and fair asylum procedure and protect refugees. But for some groups, including lesbian, gay, bisexual and transgender (LGBT) people, El Salvador provides no safe haven. Its own LGBT citizens lack protection from violence and discrimination.

 

A recent Human Rights Watch report confirms the Salvadoran government’s own acknowledgment that LGBT people face “torture, inhuman or degrading treatment, excessive use of force, illegal and arbitrary arrests and other forms of abuse, much of it committed by public security agents.” Social and economic marginalization further increase the risk of violence. Many LGBT people flee from home.

 

Between January 2007 and November 2017, over 1,200 Salvadorans sought asylum in the US due to fear of persecution for their sexual orientation or gender identity. In a groundbreaking judgment, a UK court recently granted asylum to a non-binary Salvadoran, finding that their gender expression exposed them to police violence and daily abuse and degradation.

 

Five years ago, El Salvador seemed poised to champion LGBT rights. It joined the UN LGBTI Core Group. It increased sentences for bias-motivated crimes. Its Sexual Diversity Directorate trained public servants and monitored government policies for LGBT inclusiveness.

 

Bukele, then a local official, pledged to be “on the right side of history” on LGBT rights. When he ran for president, his promises dissolved. He opposed marriage equality, effectively shut down the government’s sexual diversity work, and refused to support legal gender recognition for trans people. Despite the landmark conviction of three police officers in July for killing a trans woman, violence remains commonplace, and justice out of reach, for many LGBT people.

 

The Salvadoran government should back a gender identity law and comprehensive civil non-discrimination legislation, prosecute anti-LGBT hate crimes, and reestablish a well-resourced office to promote inclusion and eradicate anti-LGBT violence. It should axe the Asylum Cooperative Agreement.

 

As things stand, El Salvador fails to provide effective protection to its own LGBT citizens, let alone LGBT people fleeing persecution elsewhere.

Photo: A transgender woman shows a photograph of Camila Díaz, whom she met while migrating to the US, where they both turned themselves in to immigration authorities. Both women were eventually deported. © 2020 AP Photo/Salvador Melendez.





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UGANDA: Anti-gay rhetoric ramps up fear among LGBT+ ahead of polls

President Yoweri Museveni is among politicians who have made homophobic speeches.

 

By Nita Bhalla

 

Thomson Reuters Foundation (06.01.2021) – https://tmsnrt.rs/3noMOUb – Homophobic comments by Uganda’s president and other politicians are making some LGBT+ Ugandans too scared to vote in elections scheduled for Jan. 14, gay rights campaigners said on Tuesday.

 

LGBT+ people face widespread persecution in the east African nation, where gay sex is punishable by life imprisonment, and gay activists fear politicians exploiting homophobic sentiment to win votes could stoke fresh attacks on the community.

 

“We have seen increased harassment against LGBT persons and those who speak up for gay rights,” said Frank Mugisha, who has received dozens of threats over the years as head of the leading LGBT+ rights group Sexual Minorities Uganda (SMUG).

 

“The politicians are using the LGBT community as a scapegoat to gain support and win votes and it is fuelling homophobia,” he told the Thomson Reuters Foundation.

 

President Yoweri Museveni, 76, is seeking to extend his 34-year rule, but is facing a challenge from 11 candidates, including Robert Kyagulanyi, a pop star turned lawmaker known as Bobi Wine who has won popular support.

 

The run-up to the polls has been marred by Uganda’s worst political violence in decades.

 

The United Nations spoke out last month after more than 50 people were killed in clashes between police and protesters demanding the release of Kyagulanyi after he was briefly detained over alleged violations of anti-coronavirus measures.

 

In an election rally, Museveni later blamed the protests on groups funded by foreign LGBT+ rights organisations, but did not provide any further details.

 

“Some of these groups are being used by outsiders … homosexuals … who don’t like the stability of Uganda and the independence of Uganda,” said Museveni.

 

A spokesman for Museveni did not immediately respond to a request for comment.

 

Real Raymond, head of LGBT+ charity Mbarara Rise Foundation in western Uganda, said politicians were also making “hate speeches” on the campaign trail, such as pledges to eradicate homosexuality in Uganda, if they were to be elected.

 

Campaigners also said last month’s arrest of Nicholas Opiyo – one of Uganda’s most prominent human rights lawyers, known for representing sexual minorities – was also contributing to an increasingly tense environment for LGBT+ Ugandans.

 

Opiyo has been charged with money laundering and released on bail. His organisation Chapter Four Uganda said the charges were “fabricated and malicious” and aimed at obstructing his work as a human rights attorney.

 

It is not unusual for harassment of LGBT+ Ugandans to spike following homophobic remarks by politicians.

 

Attacks on LGBT+ people rose in 2019 after a minister proposed bringing back the death penalty for gay sex. The government later denied the plan.

 

Mbarara Rise Foundation’s Raymond said local advocacy groups were trying to encourage gay, bisexual and trans Ugandans to exercise their democratic right to vote.

 

“It’s actually a really scary and rough time. LGBT people are fearful to even vote as there is a risk they will targeted at the polling stations due to all the hate speeches,” he said.

 

“We are trying to educate people about why it is important to vote. Due to safety concerns, we are advising them to go early to the polling stations when there are not many people and they less likely to draw attention.”





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Union of Equality: The Commission presents its first-ever strategy on LGBTIQ equality in the EU

European Commission (12.11.2020) – https://bit.ly/38RFD3k – The European Commission presented today the first-ever EU Strategy for lesbian, gay, bisexual, trans, non-binary, intersex and queer (LGBTIQ) equality, as announced by President von der Leyen in her 2020 State of the Union Address.

 

While progress in the EU was made towards LGBTIQ equality over the past years, discrimination against LGBTIQ people persists with 43% feeling discriminated. The COVID-19 crisis has only exacerbated the situation. Today’s Strategy addresses the inequalities and challenges affecting LGBTIQ people, setting out a number of targeted actions, including legal and funding measures, for the next 5 years. The Strategy proposes to extend the list of EU crimes to cover hate crime, including homophobic hate speech and hate crime and to bring forward the legislation on the mutual recognition of parenthood in cross border situations, among others. It also ensures that LGBTIQ concerns are well reflected in EU policy-making, so that LGBTIQ people, in all their diversity, are safe and have equal opportunities to prosper and fully participate in society.

 

Vice-President for Values and Transparency Vera Jourová said: “Everyone should feel free to be who they are – without fear or persecution. This is what Europe is about and this is what we stand for. This first strategy at EU level will reinforce our joint efforts to ensure that everyone is treated equally.”

 

Commissioner for Equality, Helena Dalli said: “Today, the EU asserts itself, as the example to follow, in the fight for diversity and inclusion. Equality and non-discrimination are core values and fundamental rights in the European Union. This means that everybody in the European Union should feel safe and free without fear of discrimination or violence on the grounds of sexual orientation, gender identity, gender expression or sex characteristics. We are still a long way away from the full inclusion and acceptance that LGBTIQ people deserve. Together with the Member States, I trust we can make Europe a better and safer place for all. In this regard, the strategy calls on those Member States that do not have national LGBTIQ equality strategies to adopt one, addressing the specific equality needs of LGBTIQ people within their country.”

 

Actions towards LGBTIQ equality in 2020-2025

 

The Strategy sets out a series of targeted actions around four main pillars, focused on: tackling discrimination; ensuring safety; building inclusive societies; and leading the call for LGBTIQ equality around the world. Some of the key actions outlined in the Strategy include:

 

  • Fighting discrimination: Legal protection against discrimination is key to advancing LGBTIQ equality. The Commission will undertake a stocktaking exercise, in particular in the area of employment. The report on the application of Employment Equality Directive will be published by 2022. Following up to the report the Commission will put forward any legislation, namely on strengthening the role of equality bodies. The Commission will also put forward a regulatory framework that will specifically address the risk of bias and discrimination inherent in artificial intelligence (AI) systems.
  • Ensuring safety: LGBTIQ people disproportionately suffer from hate crime, hate speech and violence while the under-reporting of hate crimes remains a serious problem. To harmonise protection against anti-LGBTIQ hate crime and hate speech, the Commission will present an initiative in 2021 to extend the list of ‘EU crimes’ to include hate crime and hate speech, including when targeted at LGBTIQ people. In addition, the Commission will provide funding opportunities for initiatives that aim to combat hate crime, hate speech and violence against LGBTIQ people.
  • Protecting rights of rainbow families: Due to differences in national legislations across Member States, family ties may not always be recognised when rainbow families cross the EU’s internal borders. The Commission will bring forward a legislative initiative on the mutual recognition of parenthood and explore possible measures to support the mutual recognition of same-gender partnership between Member States.
  • LGBTIQ equality around the world: In various parts of the world, LGBTIQ people experience serious rights violations and abuses. The Commission will support actions for LGBTIQ equality under the neighbourhood, development and international cooperation instrument (NDICI), the Instrument for Pre-accession Assistance (IPA) and the Asylum and Migration Fund.

 

Integrating LGBTIQ equality into EU policies

 

Under the lead of Commissioner for Equality, Helena Dalli, and with support of the Task-Force on Equality, the Commission will also integrate the fight against discrimination affecting LGBTIQ people into all EU policies and major initiatives.

 

Next steps

 

Member States are encouraged to build on existing best practices and develop their own action plans on LGBTIQ equality. The objective will be to protect better LGBTIQ people against discrimination, to complement action under this strategy with measures to advance LGBTIQ equality in areas of Member State competence.

 

The European Commission will regularly monitor the implementation of the actions outlined in the Strategy and present a mid-term review in 2023.

 

Background

 

The Strategy presented today is the first Commission strategy in the area of LGBTIQ equality, delivering on President von der Leyen’s commitment to a Union of Equality.

 

The Strategy builds upon the List of Actions to Advance LGBTI Equality. It links to other European Commission strategic frameworks and strategies, including the recently adopted EU Action Plan against racism 2020-2025, the Victims’ Rights Strategy, and the Gender Equality Strategy.

 

Equality and non-discrimination are core values and fundamental rights in the EU, enshrined in its Treaties and in the Charter of Fundamental Rights. In recent decades, legislative developments, case law and policy initiatives have improved many people’s lives and helped us building more equal and welcoming societies, including for LGBTIQ people. While there is greater social acceptance and support for equal rights in the EU, it has not always translated into clear improvements in LGBTIQ people’s lives. According to the European Union Agency for Fundamental Rights (FRA) 43% of LGBT people declared that they felt discriminated against in 2019, as compared to 37% in 2012. The COVID-19 crisis has brought new pressures for the most vulnerable groups, and LGBTIQ people are no exception.

 

Many of the policy areas linked to improving LGBTIQ equality are primarily national responsibilities. However, the EU has an important role in providing policy guidance, coordinating actions by Member States, monitoring implementation and progress, providing support via EU funds, and promoting the exchange of good practices between Member States.

Photo: European Commission.





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Anti-LGBT persecution in El Salvador, Guatemala, Honduras

US barriers to asylum block path to safety.

 

HRW (07.10.2020) – https://bit.ly/33Urlfc – The governments of El Salvador, Guatemala, and Honduras have failed to effectively address violence and entrenched discrimination against lesbian, gay, bisexual, and transgender (LGBT) people, leading many to seek asylum in the United States, Human Rights Watch said in a report released today. Yet policies by the administration of US President Donald Trump have made it almost impossible for them to obtain asylum.

 

The 138-page report, “‘Every Day I Live in Fear’: Violence and Discrimination against LGBT People in El Salvador, Guatemala, and Honduras, and Obstacles to Asylum in the United States,” documents violence experienced by LGBT people in the three Northern Central American countries collectively known as the Northern Triangle, including at the hands of gangs, law enforcement officials, and their own families. Human Rights Watch found that Northern Triangle governments fail to adequately protect LGBT people against violence and discrimination, and that they face major obstacles if they attempt to seek asylum in the United States.

 

“LGBT people in the Northern Triangle face high levels of violence that their own governments appear unable or unwilling to address,” said Neela Ghoshal, senior LGBT rights researcher at Human Rights Watch. “For some LGBT people in the region, seeking asylum in the United States is the only hope of safety, but the Trump administration has blocked them at every turn.”

 

Human Rights Watch interviewed 116 LGBT people from the three countries. Some described violence by family members, leading them to flee home as young as at age 8. Others described bullying and discrimination that drove them out of school. Many said family rejection and discrimination led to economic marginalization, particularly for trans women, and poverty was likely to increase the risk of violence.

 

LGBT people sometimes face violence and discrimination from the very law enforcement agents charged with keeping them safe. Carlos G., a gay refugee who traveled to the United States from Honduras in 2018, said that gang members there shot him, telling him: “Today you’re going to die, faggot.” He was afraid to report the incident to the police, who had previously harassed him for being gay and demanded sexual favors. Carlitos B., a non-binary person from Guatemala, fled after their brother assaulted and threatened to rape them. When Carlitos reported to the police, they laughed at Carlitos’s gender expression.

 

Pricila P., a trans woman from El Salvador, said police forced her off a bus and beat her. “One of the police officers grabbed my testicles and squeezed,” she said. “He said, ‘You’re realizing you’re a man because you feel pain.’ He said that I would become a man by force.” She fled to the United States in 2019, after gang members assaulted her, abducted her gay friend, and warned her that she would be next.

 

Both Honduras and El Salvador have passed hate crimes legislation in the last 10 years, but neither country has convicted anyone on hate crimes charges. In a landmark ruling in July 2020, a court in El Salvador convicted three police officers of murdering Camila Díaz, a trans woman who had been deported in 2018 after attempting to seek protection in the United States, but a judge dismissed hate crimes charges against them.

 

None of the three countries has comprehensive civil law protections against discrimination, Human Rights Watch said. While Honduras outlaws employment discrimination on the grounds of sexual orientation and gender identity, activists said they know of no cases in which the law had been enforced. In Guatemala, a pending Life and Family Protection Bill could be used to justify discriminatory denial of services on “freedom of conscience” grounds.

 

Given the persecution that many LGBT people face in the Northern Triangle, the US government should rigorously protect their ability to safely enter the United States and apply for asylum. Instead, the US government has increasingly closed doors to them with a series of policies that restrict access to asylum and that narrowly interpret the refugee definition in ways that exclude LGBT people from protections they previously enjoyed.

 

In March 2020, the US government entirely closed its land borders to asylum seekers based on the pretext of Covid-19, leaving them to suffer persecution in their home countries or be stranded in Mexico. In June, the US Departments of Justice and Homeland Security proposed a major regulatory change to the US asylum system that would severely restrict LGBT people’s ability to be granted asylum by barring asylum on the basis of “gender.” In September, the Justice Department issued yet another regulation that puts asylum even further beyond their reach, tightening time limits on asylum applications and allowing immigration judges to introduce their own evidence into asylum cases, even if such evidence reflects biases such as anti-LGBT prejudice.

 

These policies followed other severe measures the Trump administration has taken to prevent asylum seekers from ever reaching the United States and to limit their access to asylum if they do, including family separation; prolonged detention; the “Remain in Mexico” program; an expedited asylum review process allowing for little or no contact with lawyers; an attempt to bar asylum seekers who transited through third countries before arriving at the US border; and a policy of transferring Salvadoran and Honduran asylum seekers to Guatemala, where they lack effective protection. Among the asylum seekers affected by all these measures are LGBT people, who may be particularly at risk of violence and discrimination in northern Mexico.

 

“The governments of El Salvador, Guatemala, and Honduras need to stem rampant anti-LGBT violence and ensure that laws and policies protect LGBT people from persecution, including by police,” Ghoshal said. “As long as LGBT people continue to experience threats to their lives and safety based on their identity in their countries of origin, the US should welcome them with open arms, rather than slamming the door on them.”


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