gender identity

• BOTSWANA: ‘We must strategise so that we don’t merely react to crises and anti-rights action’

  CIVICUS speaks about the struggle for LGBTQI+ rights in Botswana with Dumiso Gatsha, an LGBTQI+ activist and founder of Success Capital.

  Success Capital is a youth and feminist-led organisation working to strengthen youth agency and autonomy in human rights and sustainable development while challenging power, privilege and patriarchy through intersectionality. Its approaches include participatory research, peer-to-peer knowledge sharing and advocacy.

  Has the 2019 High Courtruling that decriminalised same-sex relations led to improvements?

  The 2019 ruling had structural effects: by declaring the criminalisation of same-sex intimacy unconstitutional, it eliminated not only the possibility of prosecution but also the excuse that was often used to exclude LGBTQI+ people from service delivery. It affirmed our existence as Batswana, Africans and people and heralded a new field of untapped opportunities for improving the lives of all people in Botswana, not only LGBTQI+ people.

  Documented instances of violence against queer people in social settings, hate speech and intolerance online have increased. This doesn’t mean violence itself has increased – only that it is now more visible. Decriminalisation has improved the environment to report on and seek redress for human rights violations, injustices and inequities.

  However, there has also been backlash, and violence may be on the rise as a result of the higher visibility, agency and advocacy by LGBTQI+ people.

  It’s true that in Botswana there weren’t any immediate negative reactions to the High Court ruling, unlike in countries such as Kenya or Namibia, where progressive judgements elicited immediate protest action. But, reflective of wider and broader anti-gender ideology influences, earlier this year there have been protest marches led by churches, a whole four years after the High Court ruling. This means that for those opposed to LGBTQI+ rights, the matter is far from settled.

  The anti-rights reaction was triggered by a member of parliament’s request to consult with churches on the procedural steps parliament needed to take to amend the Penal Code in line with the 2021 ruling by the Court of Appeal that upheld the High Court’s decision. From what we understand, this ruling was needed to finally put the matter of decriminalisation to rest, having ensured that all processes had been exhausted within Botswana’s jurisdiction.

  Representatives of churches and members of parliament questioned the very essence of our democracy. They publicly threatened politicians in a pre-election year, bringing confusion about the democratic process and denouncing our existence as citizens who have rights.

  The strength of the backlash despite the time that has passed shows that decriminalisation is only the beginning. It is not the solution or end point in fulfilling human rights, but it serves as a basis for much-needed interventions in social, cultural, institutional and public participation spaces.

  How has civil society, and your organisation in particular, responded?

  Fighting back has been a slow and protracted process because of limited resources. Botswana’s higher middle income country status and narrow avenues for civil society engagement have meant that the gains made from decriminalisation could not be strategically amplified across the human rights, sexual and reproductive rights and democratic landscape.

  Success Capital has less than five per cent of the resources that more prominent civil society organisations have. This means grassroots, hidden and hard-to-reach communities and constituents are left behind – notably in more rural, climate-affected and impoverished areas, where queerness, migrant status, disability, sex work status and being an ethnic minority are all second to socioeconomic status and the need to secure a livelihood.

  Our constituents didn’t feel threatened by the anti-LGBTQI+ protests, which is reflective of their resilience and agency. But this was a moment to gauge how unprepared philanthropy is to respond to backlash and regressive attempts. I was shocked when a funder asked me what I was doing about it while knowing full well that they had delayed disbursing funds aimed at removing human rights barriers for LGBTQI+ people.

  Still, we commemorated Pride and helped host the Changing Faces Changing Spaces conference organised by the East African Sexual Health and Rights Initiative, for which we helped secure visas and provided advice to LGBTQI+ people and sex workers from across Africa. We worked in solidarity with East African groups in the context of increasing anti-LGBTQI+ sentiments, engaged in strategic policy-oriented dialogue with other civil society leaders, made a solidarity visit to Namibia and networked to ensure that we would be prepared for whatever came next. None of this was externally funded – it was pure feminist decolonial action underpinning our belief in our own freedom, with or without decriminalisation.

  Has there been any change in the state of public opinion in Botswana on LGBTQI+ rights?

  The Afrobarometer survey has noted some improvements in public opinion, but intolerance and hate speech remain prevalent. National-level data is not always reflective of the situation in local and grassroots communities. Language, socioeconomic status and the availability of services all contribute to how people in Botswana participate and perceive different issues.

  For example, in our own community engagements in rural locations we have noted that abortion is mostly accepted on the basis of an understanding of the challenges experienced by many who end up pregnant. However, more than one abortion is frowned upon. And we see similar nuances across sexual orientation, sex characteristics and gender identity issues. For instance, feminine queer men tend to be tolerated more than trans women, as are masculine lesbian women giving birth, while bisexual men are emasculated online. Social parameters are too wide to be readily captured without meaningful resources and political will to ensure all LGBTQI+ people are included in state policy and programming.

  Have you experienced any negative repercussions from your work?

  Yes. Invitations have been rescinded and scrutiny increased. We are policed on who can be invited to take part in social participation mechanisms that include government officials. We are denied an audience despite fulfilling all the necessary steps in writing invitations, submitting proposals and following up through the hierarchy. For instance, we applied for approval for civil society participation in the 2023 World Bank-International Monetary Fund Spring meetings, and despite receiving permission from parliamentary caucuses, a ministry interrogated us on what we wanted to do and why we wanted to attend.

  We had our email address blocked to prevent us submitting future statements to the United Nations. We have been denied funding for being too radical, and calling out funders has not really worked for us.

  I’ve had several encounters with law enforcement. The first happened when a fellow volunteer was strangled and I recorded audio of the incident before police confiscated my phone. We are exploring a case on this at the moment. The second happened when a trans colleague was questioned because how she presented was not the same as the gender stated on her identity card. And more recently, we were told of plainclothes police in non-branded cars patrolling and possibly shooting people who don’t stop on highways when instructed to in the middle of nowhere. This kind of policing is harmful, unlawful and abusive, and is being used to target LGBTQI+ people without any accountability.

  Where do these restrictions come from?

  Some restrictions we’ve faced reflect a regional landscape in which LGBTQI+ networks have shut down, limiting representation, and a global trend in which eligibility, visa and logistical support have only worsened, limiting civil society participation in advocacy and governance mechanisms.

  Civil society in Botswana is not immune from these trends. Even within the Global Fund mechanism, the most prominent enabler of those fighting for sexual health rights, delays have taken up most of the current financial year, compromising eight months of service provision.

  I think we are underestimating the reach of anti-rights groups. Although global anti-rights influences have existed for decades, domestic counterparts have recently grown emboldened and are increasingly well resourced. Botswana’s higher middle income country status reflects a skewed and unequal income distribution and hides the fact that the few with capital and wealth side with the conservative, morally driven powerholders and are not afraid to deploy their influence against human rights activists. Criminalisation is good business for the politicians that also run corporations. Inequality is good news for those with means and power to subjugate those left behind.

  How do you connect with LGBTQI+ rights movements abroad and internationally? What international support do you receive, and what further support do you need?

  LGBTQI+ activists are dynamic and diverse. Success Capital has always engaged in collaborative knowledge sharing, linking with other initiatives and sharing the space in advocacy sessions, side events and mobilising actions. We take pride in unearthing young, emergent and nascent activists and movements that operate in the margins and sharing our platform with them. This helps us continue and challenge conversations in rooms we can’t access or engage in.

  Since decriminalisation, international support has been quite high. It has, however, been skewed. It has followed a hierarchy that’s reflective of wider trends, with more institutionalised groups having easier access to funding and benefitting from the development industrial complex the most. Grassroots organisations continue to be left behind, lacking institutional or long-term funding.

  Solidarity is like sunshine – everyone deserves some. That’s why the ecosystem needs to be steered towards collaboration. And it must focus on strategising so that we don’t merely react to crises and anti-rights action, but we take the initiative in the struggle for our rights.

  Civic space in Botswana is rated ‘obstructed’ by theCIVICUS Monitor.

  Get in touch with Success Capital through itswebsite orFacebook page, and follow@ProSuccessBW on Twitter.

• ESTONIA: ‘Legal changes deepen the cultural shift favourable to LGBTQI+ rights’

  CIVICUS speaks about civil society’s role in the recentlegalisation of same-sex marriage in Estonia with Kelly Grossthal, head of strategic litigation at the Estonian Human Rights Centre (EHRC).

  Established in 2009, the EHRC is a human rights civil society organisation (CSO) working to create anopen society where human rights are guaranteed by the state, and where everyone knows that their rights, as well as the rights of others, deserve equal protection. 

  How significant is the recent legalisation of same-sex marriage?

  Marriage equality has always been the ultimate goal of LGBTQI+ and human rights advocates. The previous arrangement, that of civil unions, was only a temporary compromise. In 2014, the Estonian parliament passed the gender-neutral Registered Partnership Act, which came into force in 2016. Under this law, couples entering a partnership agreement are entitled to joint property rights, succession rights, shared financial obligations, access to each other’s private information and resolution of issues related to the end of life. However, due to the law’s lack of implementation provisions, many couples had to resort to the courts to be able to actually exercise these rights.

  In 2018, the Supreme Court ruled that, regardless of the lack of implementing provisions, the Registered Partnership Act was in force and was part of the Estonian legal order. It stated that failure to issue implementing provisions did not automatically render the legislation unconstitutional, as some argued. This highlights that even with the Registered Partnership Act in place, the struggle for marriage equality persisted.

  How did the EHRC advocate for legal change?

  Since its establishment in 2009, the EHRC has monitored legislation that impacts on LGBTQI+ people and put forward suggestions to improve it. Our main advocacy goal has always been legal equality. However, we have encountered numerous obstacles, primarily stemming from the political climate and societal attitudes. For many years LGBTQI+ rights lacked support from public opinion, and therefore it was not advantageous for politicians to actively champion the cause.

  We have conducted public campaigns advocating for LGBTQI+ rights as human rights, engaged in research, contributed to public discussions and pursued legal cases through our strategic litigation programme. Strategic litigation aims to have a societal impact through specific cases and narratives. When selecting cases related to the LGBTQI+ community, our primary criterion is their potential to maximise a positive outcome for LGBTQI+ people’s human rights.

  We handled several cases that have improved access to social benefits and adoption rights for LGBTQI+ people and filed petitions for constitutional review of regressive laws. For instance, in 2019 the Supreme Court ruled that a provision in the Aliens Act that prevented the granting of temporary residence permits to same-sex registered partners of Estonian citizens for leading a family life in Estonia was unconstitutional and therefore invalid.

  Many of our advocacy efforts have been planned and executed in cooperation with the Estonian LGBT Association and the Equal Treatment Network, which unites 10 Estonian CSOs dedicated to protecting the equal rights of different target groups.

  How have public attitudes towards LGBTQI+ people evolved over time?

  Just a couple of years ago, the majority of Estonians opposed marriage equality. Resistance could have been influenced by personal values, religious beliefs, or a fear of change. Over the past few years, however, there has been intense societal debate over LGBTQI+ issues. Various video campaigns and petitions have been launched both in support of and against the Registered Partnership Act, marriage equality and LGBTQI+ rights more generally. Unfortunately, this has led to an increase in hate speech towards LGBTQI+ people, fuelled by conservative politicians. But it had the positive effect of making rainbow families more visible, as they shared their stories in response to anti-rights attacks.

  The ongoing debate and increased visibility have played a crucial role in driving cultural change and garnering support for LGBTQI+ rights. The adoption of the Registered Partnership Act and the legalisation of same-sex marriage were two big milestones. Legal changes seem to have further deepened the positive cultural shift.

  For over a decade the EHRC has commissioned public opinion surveys on LGBTQI+ issues from an independent research company, Turu-uuringute AS. According to the most recent one, conducted earlier this year, support for marriage equality has increased by six points in the past two years, with 53 per cent of Estonians currently in favour. Progress has been significant: a decade ago only 34 per cent were in favour and 60 per cent opposed it.

  Civil society has been instrumental in shifting public opinion about LGBTQI+ people, with numerous LGBTQI+ groups and networks organising events for both LGBTQI+ people and the public as a whole.

  The Estonian LGBT Association has been the main organiser of Baltic Pride, the most recent of which took place in the capital, Tallinn, in June, just before the parliamentary vote on marriage equality. It attracted over 7,000 participants from three Baltic states and there were no major incidents. It was a truly joyous march followed by an open-air concert with community artists and a picnic.

  Since 2017, Estonia has also hosted an LGBTQI+ film festival, Festheart, organised by a small CSO. Initially held in the town of Rakvere, by 2020 it had expanded to Tartu, Estonia’s second-largest city.

  Has the legalisation of same-sex marriage elicited any anti-rights backlash?

  As anticipated, there has been a conservative backlash in response to the new legislation. Two parties, the Conservative People’s Party of Estonia and Isamaa (Fatherland), have been vocal opponents of LGBTQI+ rights in general and marriage equality in particular. Their leaders and prominent members have expressed great dissatisfaction with the new law, and some politicians have pledged to reverse it should conservative parties regain power.

  The anti-LGBTQI+ civil society movement in Estonia is closely linked to conservative parties. A few weeks before the final parliamentary vote, conservative CSOs and parties organised a demonstration in front of parliament. Surprisingly, it attracted only a few thousand protesters and was not as visible and large as some previous demonstrations. Nonetheless, protests of this nature will likely continue in some form, although their scale and impact are difficult to predict.

  Do you think progress in Estonia can pave the way for similar developments in other post-Communist countries?

  We certainly hope so! At the same time, it is crucial to acknowledge that each country in our region is distinct, with its own language, culture and political landscape. In the case of Estonia, there’s currently a ruling coalition with all three members prioritising individual liberties, which has provided civil society with a historic opportunity to advance marriage equality. Hopefully, favourable conditions will also arise for our Baltic friends and beyond.

  Meanwhile, we are delighted to share our experiences, both failures and successes, with our regional allies. Although we are a traditional human rights advocacy organisation, we maintain strong connections with LGBTQI+ CSOs in Latvia and Lithuania. We have collaborated on several international projects related to combating hate speech, working with victims of hate crimes and promoting equal treatment.

  What forms of international support does Estonian civil society need to keep supporting LGBTQI+ people and advancing their rights? 

  International cooperation and support are incredibly important. Human rights work can be frustrating at times, and it is comforting to connect with others working in other countries and facing similar societal and personal struggles. While it may sound like a cliché, it is vital to establish connections, share experiences and learn from each other. This process is empowering and fosters development.

  It is crucial to recognise that marriage equality alone will not solve all the problems. Issues such as bullying of LGBTQI+ children, harassment of LGBTQI+ people, anti-LGBTQI+ hate speech, disinformation, intolerance and the denial of transgender rights continue to be pressing concerns. We have seen in other countries that progressive laws and legal precedents can be reversed. Therefore, it is essential for like-minded individuals and CSOs to cooperate across borders. Just as we are currently endeavouring to support the human rights of Hungarian LGBTQI+ people through various actions and means, we hope to receive support ourselves in times of urgent need.

  Civic space in Estonia is rated ‘open’ by theCIVICUS Monitor.

  Get in touch with the Estonian Human Rights Centre through itswebsite or itsFacebook page.

• GREECE: ‘We fought until same-sex marriage stopped being impossible and became a necessary change’

  CIVICUS speaks about Greece’s recent legalisation of same-sex marriage with Giorgos Keratsas, Communications Officer of Positive Voice-Greek Association of People Living with HIV.

  Founded in 2009, Positive Voice is a civil society organisation focused on tackling the spread of HIV/AIDS, defending the rights of HIV-positive people and more broadly advocating for LGBTQI+ rights in Greece.

  What was civil society’s role in achieving the legalisation of same-sex marriage in Greece?

  Greek LGBTQI+ groups have advocated for marriage equality and the legal recognition of all families for many years. In 2015, civil partnership arrangements were made available to same-sex couples. This marked a historic victory for LGBTQI+ and human rights in Greece but left a large part of the LGBTQI+ community unsatisfied, because there were several important issues the law didn’t cover, including adoption rights. As a result, LGBTQI+ activism has continued to demand true equality in all laws and regulations concerning interpersonal relations.

  Our main argument concerns the discriminatory character of laws that exclude LGBTQI+ people, same-sex couples and diverse families from access to the rights that are afforded to cisgender straight people and heterosexual families. The fact that citizens don’t have the same rights and obligations is proof that we are not truly equal, and a state cannot be considered fully democratic when it has first-class and second-class citizens.

  LGBTQI+ organisations have therefore urged legal change, pointing to the example of so many European countries that have recognised marriage equality. The road hasn’t been easy. It involved a lot of struggle, disappointments and persistence. We fought for many years until the change we demanded – initially viewed as impossible, and therefore ignored – was eventually deemed necessary. The recent passage of this law was a civil society victory that proves, once again, that when we take action together, change can happen.

  How has Positive Voice contributed to the campaign?

  Positive Voice was consistently dedicated for years to the sometimes frustrating work of increasing the visibility of LGBTQI+ people and educating the public on LGBTQI+ rights when the state wasn’t doing anything about it. On the basis of the recognition of the strong association of HIV with social vulnerability, we have focused on the social rather than purely medical side of things.

  For over a decade, Positive Voice has been a staunch advocate of LGBTQI+ rights. We have continuously raised the urgent need for equality with government officials. We have been active participants of Pride festivals, consistently supported the demands of LGBTQI+ people, co-signed advocacy letters and statements, endorsed campaigns such as ‘Say Yes’ and hosted impactful exhibitions. A recent one was ‘Where Love is Illegal – Exhibition in a Box’, which shares real stories of LGBTQI+ people in countries where they are not allowed to be themselves or love freely.

  We can proudly say that Positive Voice has been one of the strongest advocates for social change in Greece. The building that accommodates Athens Checkpoint, a sexual health and prevention centre that offers free rapid HIV and hepatitis B and C testing and is our project that’s made the biggest impact, is one of the very few in Athens flying the rainbow flag. The flag has stayed despite the fact that in 2019 the building suffered an arson attack motivated by homophobia and transphobia.

  Have you encountered backlash?

  Partly thanks to consistent civil society campaigning, in recent years public attitudes towards LGBTQI+ people have started to shift. However, homophobia, biphobia and transphobia remain very strong, and hate speech and violence against LGBTQI+ people, and transgender people in particular, are now on the rise, in a very alarming trend that unfortunately is not limited to Greece. Our recent legal victory is obviously a very positive step in the right direction, but we still have a lot of work to do until we are genuinely equal and fairly treated.

  The far-right parties that have significantly grown in recent elections, as well as church representatives, have strongly opposed same-sex marriage. They contend that it infringes upon and destroys the concept of marriage and traditional family values and state that family is by definition the result of a union between a man and a woman. They also argue that the right to marriage should not be regarded as a human right, on the basis of which they claim that the LGBTQI+ community is not being deprived of any fundamental rights. Most importantly, they argue that children raised by same-sex parents will not have a healthy psychosocial development. From their perspective, it is children’s rights that would be violated.

  Concerningly, in the months prior to the law being passed, LGBTQI+ people were exposed to incredible amounts of abusive public discourse, particularly on TV. In show after show, for weeks politicians, journalists, artists, influencers and others were asked whether they agreed with marriage equality, as if human rights were to be subjected to the verdict of public opinion. Hundreds of particularly abusive and discriminatory statements were given airspace and therefore heard and absorbed by millions of people. It is hard to even imagine the negative impact this rhetoric has possibly had on young queer kids across the country.

  How do you connect with the regional and global LGBTQI+ movements?

  We constantly follow their work, participate in events, undertake joint action and take advantage of just about any networking opportunity with other LGBTQI+ organisations. It is a fact that numerous European – and also several non-European – countries are more advanced in claiming respect for LGBTQI+ rights than we are, in terms of legislation and everyday practices and social attitudes. They set an example for the rest of us.

  LGBTQI+ organisations worldwide are doing amazing work and they truly inspire us. And when any of us experiences blatant human rights violations, we all stand up for each other regardless of geography. What unites us is much more powerful than anything that could set us apart.

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  Civic space in Greece is rated ‘obstructed’ by theCIVICUS Monitor.

  Get in touch with Positive Voice through itswebsite orFacebook page, and follow it onTwitter andInstagram.

• HUNGARY: ‘The government is masking anti-LGBTQI+ legislation under the narrative of children protection’

  CIVICUS speaks about the Hungarian government’santi-LGBTQI+ campaign with Imre Zsoldos of the Hungarian LGBT Alliance.

  Founded in 2009, theHungarian LGBT Alliance is an umbrella civil society organisation (CSO) that brings together seven LGBTQI+ groups with the aim of promoting communication, cooperation and joint action to confront social rejection, prejudice and discrimination against sexual minorities in Hungary.

  What are the latest developments in the government-led anti-LGBTQI+ campaign?

  To begin with, Hungarian legislation explicitly forbids same-sex registered partners from adopting children. There is another law prohibiting unmarried single people from adopting children unless they have a special permit issued by the Minister for Families, which has been made almost impossible to get to prevent same-sex parents adopting separately.

  On top of this, in April 2023 the Hungarian parliament passed a bill enabling people to anonymously report on same-sex couples raising children, or those who contest the ‘constitutionally recognised role of marriage and the family’ or children’s rights ‘to an identity appropriate to their sex at birth’. This law specifically targeted rainbow families and transgender young people. No specific evidence or details would be needed to report same-sex families and other ‘offenders’ to the authorities. The law also mandated the establishment of a reporting platform.

  President Katalin Novak did not sign the bill into law, arguing it weakened the protection of fundamental values, and sent it back to parliament for reconsideration. My assumption is that parliament will pass it again with some changes.

  Previously in March, the government filed a counter claim to the Court of Justice of the European Union (EU) to defend an education law passed in 2021, which was in fact just another anti-‘gay propaganda’ law. Initially, the law was meant to impose harsher punishment for sexual offences against minors, but legislators from the ruling Fidesz party introduced several changes so that the law ended up criminalising the portrayal or ‘promotion’ of homosexuality or sex reassignment to minors and restricting sexual education in schools. It was condemned by 17 EU member states.

  The 2021 Child Protection Act enshrines children’s right to ‘education in accordance with the values based on Hungary's constitutional identity and Christian culture’. The government is masking anti-LGBTQI+ legislation under the narrative of child protection, portraying LGBTQI+ people as paedophiles and claiming it is trying to ‘save the children’ from us.

  The same narrative is also used to criticise the EU: the government claims the EU suspended over €6 billion (approx. US$6.5 billion) in funds for 2021-2027 because it promotes paedophilia, while in fact the funds were cut off due to a decline in the rule of law and judicial independence and concerns about corruption.

  How is the government’s anti-LGBTQI+ campaign affecting people?

  This hostile rhetoric resembles the way Jewish people and other minorities were targeted in the run-up to the Second World War. We are losing the feeling of security in our own society. We feel outlawed and can’t understand how this can be happening in Europe nowadays. Many LGBTQI+ people are starting to think about whether we should leave the country before it’s too late.

  Public attitudes to the government’s anti-LGBTQI+ campaign are shifting both ways, since everyone is reacting to the portrayal of LGBTQI+ people as a public enemy. On one side of the divide, people are getting outraged by the government’s propaganda and hence showing more support and understanding. On the other side, people are beginning to feel emboldened and legitimised to express discriminatory thoughts and act in discriminatory ways.

   

  What are the conditions for LGBTQI+ organisations in Hungary?

  The majority of Hungarian LGBTQI+ organisations are run by volunteers because they very rarely have resources to pay employees, especially in fixed positions. Our funding is strictly tied to projects to be implemented.

  As all the major media platforms are in the hands of the government, our opportunities to shift public opinion are really limited. We can only use CSOs’ social media and websites for advocacy. For example, one of the members of the Hungarian LGBT Alliance is the Rainbow Families Foundation. It ran a large campaign, ‘Family is Family’, that reached an extensive audience thanks to a TV station broadcasting the campaign in prime time. But then the media authority fined the TV station, saying it’s only allowed to broadcast this kind of advertisement at night because its depiction of homosexuality sensitively affects children under 16, causing misunderstanding, tension and uncertainty among them. A court eventually nullified the media authority’s decision, but this kind of decision is why there is almost no newspaper or TV station where we could have the space to effectively resist the government’s anti-LGBTQI+ campaign.

  Activists are targeted by the authorities in diverse ways, such as smear campaigns fuelled by the dissemination of fake information about them, as well as audits and controls on their private or family businesses or pressure in their workplaces or on family members who hold any state position. This creates a constant stress situation, since we never know when, where or how we will be targeted.

  But despite the hardship, we are doing our best to create safe places, build a community and provide legal and other forms of help to LGBTQI+ people.

  What further support does Hungarian civil society need?

  Alongside financial support, it would be extremely helpful – not only for LGBTQI+ people but also for other minorities, the political opposition and civil society as a whole – to have a widely accessible communication platform to reach older people beyond the capital, Budapest. While we can easily reach out to young people through social media, we are unable to reach those who get their information from television, newspapers and their churches, all of which are predominantly controlled by the government.

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  Civic space in Hungary is rated ‘obstructed’ by theCIVICUS Monitor.

  Get in touch with the Hungarian LGBT Alliance through itswebsite or itsFacebook page.

• IRAN: ‘Women and queer people are at the forefront of the struggle against religious despotism’

  CIVICUS speaks with Asal Abasian about their experiences as a queer and feminist activist in Iran and in exile.

  Asal is an Iranian journalist and queer feminist activist. After receiving threats, they fled Iran in 2021. They first stayed in Turkey, where they freelanced with various foreign-based Persian language media outlets and Turkish media. They’re currently based in Paris, France. In Iran, same-sex relations are illegal and LGBTQI+ people can face the death penalty.

  

  What was your life like in Iran and why did you leave?

  My experience in Iran was challenging, uncomfortable and at times traumatic. However, my work as a cultural journalist focused on creativity, opening up new spaces that could escape the overt repression of traditional religious anti-queer social norms, showcasing diversity and expressions of transgression.

  Navigating this was challenging because the editorial world was a closed, misogynistic, male-dominated work environment, and because the state constantly monitored our actions. Despite these obstacles, the medium of culture, which I mainly covered, allowed for a certain degree of freedom.

  On a personal level, I embodied this challenge by pushing against the norms and visibly wearing my queer identity even in uncomfortable situations. Living in Iran as a queer person is difficult. If a same-sex relationship is exposed, it is punishable by death. Same-sex marriage is a distant dream. There’s a long way to go for the realisation of freedom for the queer community in Iran. Even if a queer person has a progressive and supportive family, the laws are against them and society is strongly queerphobic.

  Have you found safety in exile?

  Unfortunately, misogyny and homophobia exist everywhere. However, at least in a western country I have no fear of being arrested and imprisoned for my journalism or queer identity.

  But discrimination is a universal problem. In France, of course, homophobia is not as intense as in Iran and the Middle East because of protective laws, but it still exists. There are reactionary and dogmatic people everywhere, and I believe this oppression, with varying degrees of intensity, is universal.

  Living as an immigrant in the west, you can experience the intersection of oppression. Sometimes the treatment of immigrants, especially queer immigrants, is filled with violence and devoid of empathy and kindness. It seems the system is set up in such a way that immigrants are constantly discouraged from their journey and pushed back.

  Has the situation in Iran changed since you left?

  Sadly, the situation has not improved. But after the Woman, Life, Freedom movement triggered by the murder of Mahsa Jina Amini by the morality police in September 2022, women and the queer community have found more courage to fight against patriarchy and religious despotism.

  Women and queer people are at the forefront of this struggle. Change hasn’t come from the regime, but from people’s resistance against its oppression and tyranny. The fact that women are now at the forefront of civil struggles in Iran is very encouraging because no oppressive force can deter or push them back from their goal of freedom.

  However, the situation could be improved by spreading the ideas of inclusivity, equality and dignity through public education and cultural development. Much education takes place in schools, and much is also the responsibility of the media and the free flow of information. This is something we aspire to realise in countries like Afghanistan and Iran.

  What does Pride Month mean to you? Do you see a future where it could happen in Iran?

  Pride Month reminds me of the long and arduous journey of the queer movement up to this day. The fight against discrimination and oppression is a legacy we, the queer community, are proud of.

  As a member of the queer community in Iran, I hope for a day when Pride marches take place in the cities of Iran, and queer people can express their identities with pride, freely and without fear.

  But we are still a long way from that day. The problem is that the Islamic regime represents a segment of Iranian society. Part of society is very conservative and reactionary, making the possibility of change towards freedom and a safe space for queer people almost impossible. However, we remain hopeful and continue to fight for that day to come.

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  Civic space in Iran is rated ‘closed’ by theCIVICUS Monitor.

  Follow Asal Abasian onInstagram andTwitter.

• IRAQ: ‘Tolerance for abuses against LGBTQI+ people has now been made explicit through legislation’

  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.

  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 theCIVICUS Monitor.

  Get in touch with Human Rights Watch through itswebsite, and follow@hrw and@SarahSanbar on Twitter.

• JAPAN: ‘Each victory brings backlash, but LGBTQI+ people will keep fighting for equality and dignity'

  CIVICUS speaks about the struggle for LGBTQI+ rights in Japan withAkira Nishiyama, Deputy Secretary General of the Japan Alliance for Legislation to Remove Social Barriers based on Sexual Orientation and Gender Identity (Japan Alliance for LGBT Legislation, J-ALL).

  Founded in 2015, J-ALL seeks to remove social barriers based on sexual orientation and gender identity (SOGI). It does so by convening consultations, producing research, developing policy proposals, raising awareness among the public and lobbying government officials and legislators.

  What are the implications of recent court rulings on same-sex marriage in Japan?

  In 2019, five lawsuits were filed at Japanese district courts addressing same-sex marriage. Four out of five court rulings were positive. Nagoya and Sapporo district courts declared that not allowing same-sex marriage was against the Constitution, while Fukuoka and Tokyo district courts ruled that it was ‘in a state of unconstitutionality’.

  The Osaka court was the only one to rule negatively on the three constitutional clauses in question. Clause 1 of article 24 says that marriage shall be based on the mutual consent of both sexes, and the court argued that this clause pertains to heterosexual couples only and doesn’t guarantee same-sex marriage. The court affirmed that legal protection for same-sex relationships hasn’t been fully discussed yet and therefore the Civil Code and Family Register Act, which doesn’t recognise same-sex marriage, is not against clause 2 of article 24, which upholds individual dignity and the essential equality of sexes in matters of marriage and family. Finally, the court argued that there are now minimal differences in the treatment of heterosexual and same-sex couples, and so the lack of recognition of same-sex marriage doesn’t violate article 14, which guarantees equality under the law.

  Have you seen any positive change in public attitudes to LGBTQI+ people?

  Since the lawsuits were filed, there have been significant societal changes. Various surveys indicate public support for same-sex marriage, and over 300 municipalities have introduced a partnership system for same-sex couples.

  According to the 2019 research led by Professor Kazuya Kawaguchi from Hiroshima Shudo University, almost 65 per cent of the population supports same-sex marriage, with the percentage reaching 80 per cent among people in their 20s and 30s. Also, almost 88 per cent support legislation prohibiting bullying and discrimination against sexual minorities. Similar results have been observed in other studies.

  How positive is the recently adopted law against discrimination?

  The law passed in June 2023 is not an anti-discrimination law based on the grounds of sexual orientation and gender identity (SOGI), because it lacks the tools to address actual cases of discrimination. It should be understood as a ‘SOGI Understanding Law’: it primarily aims to promote public awareness of sexual and gender diversity. It mandates the government to create a basic implementation plan and operational guidelines, publish an annual white paper to monitor progress, conduct academic research and establish a liaison council to coordinate policy implementation. It also encourages ‘efforts’ by national and local governments, employers and schools to promote understanding through awareness-raising, setting up consultation services, educational activities and other necessary measures.

  LGBTQI+ groups are concerned that article 12, which states that in implementing the measures each actor shall pay attention to ensure that all citizens can live with ‘peace of mind’ regardless of SOGI, may be interpreted by right-wing groups intentionally to mean that if one person raises concerns, local government cannot implement those measures. However, during the legislative session it was clarified that article 12 was added to emphasise a guiding principle stipulated in article 3, which declares that all citizens, irrespective of their SOGI, are respected as irreplaceable individuals who share basic human rights equally, and unjust discrimination based on SOGI is inexcusable.

  Japanese civil society is still uncertain whether this law will have a positive impact, given that the implementation plan and guidelines are yet to be formulated. We hope that the law will be interpretated and applied in accordance with the guiding principles based on a thorough understanding of the legislator’s intention.

  Have these legal changes been met with an anti-rights backlash?

  This year, anti-LGBTQI+ remarks made by a former secretary of the prime minister in February and Japan’s hosting of the G7 Summit in May accelerated a social movement urging anti-discrimination legislation. As a result, there has been heightened criticism from some conservative members of the ruling Liberal Democratic Party (LDP) and religious groups.

  Anti-transgender discourse has surged by exploiting women’s anxieties. It has gone along the lines of ‘if the law is passed, men claiming to be women will be able to come into women’s public toilets and baths (‘Sento’ in Japanese)’. A new caucus was formed within the LDP, allegedly to protect the peace of mind and safety of women and the fairness of women’s sports. Members of this caucus submitted a request to the Ministry of Justice to keep the ‘compulsory sterilisation’ requirement for legal gender recognition. The LGBTQI+ community must continue discussions on how to counter this backlash.

  What are the next steps in your struggle?

  Three crucial steps should be taken. First, a proper anti-discrimination law banning discrimination on the basis of SOGI must be enacted. Second, marriage equality must be recognised.

  And third, inhumane requirements for legal gender recognition must be removed through the revision of the Act on Special Cases in Handling Gender Status of Persons with Gender Identity Disorder or the approval of new legislation. The compulsory sterilisation requirement has been criticised both domestically and internationally. Recommendations to eliminate it were formulated by various states at Japan’s Universal Periodic Review by the United Nations Human Rights Council in January 2023. However, the Japanese government did not accept these recommendations. A Supreme Court ruling on the constitutionality of this requirement is expected by the end of this year, and we hope it’ll mark the beginning of a movement to amend Japan’s gender recognition law.

  While many other things must be done to protect the human rights of LGBTQI+ people in Japan, we believe it’s crucial to first amend and enact laws on these three issues.

  What international support do you receive, and what is needed?

  At the international level, LGBTQI+ organisations from G7 member states, including us, have formed a new civic engagement group named ‘Pride7’ (P7) to highlight human rights violations related to SOGI globally and propose policy recommendations at G7 summits. In March, we organised the P7 summit with activists from G7 and global south countries and, as a result, handed the P7 communiqué to the governments of Japan, the UK and the USA. Additionally, 15 embassies in Japan released a joint video message ahead of the G7 Summit in Hiroshima, urging protection for the rights of LGBTQI+ people and expressing intolerance towards discrimination. With substantial support from the international community, we aim to pass on the P7 presidency to Italy, the host of the 2024 G7 summit.

  We would appreciate your support to inform wider audiences about the current situation in Japan. Please follow our activities on our website or social media, and contribute through either a one-time or a monthly donation. If you represent a private company, we invite you to cooperate by adhering to the Declaration of Business Support for LGBT Equality in Japan, which we promote as a part of our global campaign called ‘#EqualityActJapan‘.

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  Civic space in Japan is rated ‘narrowed’ by theCIVICUS Monitor.

  Get in touch with J-ALL through itswebsite or itsFacebook page, and follow@lgbtourengokai on Twitter.

• JAPAN: ‘Links between politics and the religious right have impeded progress on LGBTQI+ rights’

  CIVICUS speaks with Akira Nishiyama, executive officer of the Japan Alliance for Legislation to Remove Social Barriers based on Sexual Orientation and Gender Identity (Japan Alliance for LGBT Legislation, J-ALL).

  J-ALL was founded in 2015 to advocate for legislation to remove the barriers LGBTQI+ people experience due to their sexual orientation or gender identity in Japan. It focuses on raising awareness among the public, producing research and convening consultations, developing policy proposals and lobbying with government officials and legislators.

  What is the situation of LGBTQI+ people in Japan?

  LGBTQI+ people are estimated to make up between three and 10 per cent of Japan’s population. Many are closeted for fear of discrimination and prejudice. According to recent research, over half of teenagers who identify as LGBTQI+ have been bullied, and only about 10 per cent of LGBTQI+ people are able to come out at their workplace. The rate of LGBTQI+ people who have considered suicide is about twice as high as among their heterosexual counterparts and the rate of those who attempt suicide is six times higher – and 10 times higher among transgender people.

  Such a vulnerable status is caused by the absence of a law at the national level that prohibits discrimination on grounds of sexual orientation and gender identity (SOGI) and raises awareness of LGBTQI+ and SOGI issues. We believe that an anti-discrimination law would enable us to solve social problems such as bullying and SOGI-based discrimination due to prejudice or misunderstanding and effectively deter and remedy human rights violations. It would force governmental agencies, educational institutions and private companies to prepare preventive schemes so that SOGI-related human rights violations would not take place, and make consultation services available.

  Additionally, Japan’s Act on Special Cases in Handling Gender Status of Persons with Gender Identity Disorder sets strict conditions to change one’s legal gender status. Under this law, a person with a so-called ‘gender identity disorder’ must be diagnosed by two or more psychiatrists and must fulfil five conditions to request the family court to make a ruling towards change of their gender status, which is still thought of in binary terms: they must be above 18 years of age, not be married at the time of the gender change, have no children who are still minors, have no reproductive glands, or only reproductive glands that have permanently lost their function, and have body parts that appear to resemble the genitals of the other gender.

  These conditions are considered too strict compared to those of other countries. In 2015, 12 United Nations organisations issued a joint statement asking the Japanese government to ensure the legal recognition of the gender identity of transgender people without such abusive requirements, but the Japanese government has not yet made any moves in that direction.

  What work does J-ALL do?

  J-ALL was established in April 2015 in response to a call from politicians and the LGBTQI+ community to reach a consensus and make effective policy recommendations. For the previous decade or so, civil society organisations (CSOs) in Japan had been lobbying separately on LGBTQI+ and SOGI-related issues.

  J-ALL is an umbrella organisation with 96 member CSOs from throughout Japan. It is run by directors who are leaders of CSOs in various regions. Its secretariat is managed by executive officers who specialise in lobbying, public relations and international affairs, as well as student interns.

  Our lobbying activities have succeeded in pushing forward several SOGI-related laws. For instance, in October 2018 the Tokyo Metropolitan Government adopted an ordinance that protects LGBTQI+ people from SOGI-based discrimination in line with the Olympic Charter. This ordinance clearly stipulates anti-discrimination based on SOGI and was the first ordinance of its kind at the prefectural level.

  In addition, in May 2019 the Japanese government amended the law on harassment. The amended version requires private entities and municipal governments to set guidelines to prohibit harassment and outing based on SOGI in the workplace.

  As the only CSO aimed at proposing SOGI-related bills, J-ALL is pushing politicians and governmental officers at both national and municipal levels by working together with Rengo – the Japanese Trade Union Confederation and a member of the International Trade Union Confederation – eminent scholars and researchers of labour law and international human rights law, and activists fighting to eliminate all kinds of discrimination, including discrimination against women. In recent years, around 40 companies have signed a statement to support the LGBT Equality Law, which would ban anti-LGBTQI+ discrimination. Economic federations have also declared the necessity for legislation on SOGI.

  Have you faced any anti-rights backlash?

  As the social movement to promote the rights of LGBTQI+ people has grown, backlash by religious right-wing groups, ultra-conservative politicians and trans-exclusionary radical feminists (TERF) groups has also grown. For instance, several politicians gave discriminatory speeches against LGBTQI+ people in response to discussions regarding the anti-discrimination bill agreed on by LGBT Giren, a nonpartisan political caucus set up to discuss SOGI-related human rights violations in 2021. Bashing against transgender women and LGBTQI+ people based on heteronormativity, conventional understandings of the family and stereotypical images of women are prevalent in both the real world and the internet.

  Japan has not made much progress on gender inequality, let alone LGBTQI+ rights and SOGI-related issues. This is because the Japanese government is closely connected with religious right-wing groups based on the values of male chauvinism and a patriarchal view of the family. Because of these close ties, ruling politicians have long ignored the existence of people with diverse sexualities and gender identities and have sustained a social system that lacks SOGI-related education and allows for SOGI-based human rights violations. As a result, LGBTQI+ people face wide-ranging challenges such as prejudice, bullying and harassment, and victims of SOGI-related human rights violations are not protected by the law.

  We believe that Japanese civil society needs to recognise this connection between mainstream politics and the religious right in order to tackle human rights issues in earnest. It is also important to learn about which groups of people are marginalised by the current social systems built by the majority and what kind of human rights violations they face, and to take actions such as electoral participation and making public comments based on these concerns.

  How is civil society working to achieve marriage equality, and what was the significance of the recent verdicts of the Sapporo and Osaka district courts?

  There is a CSO, Marriage For ALL Japan, that has been working actively and specifically to achieve the legalisation of same-sex marriage in Japan. In 2019 this organisation filed lawsuits in five districts – Fukuoka, Nagoya, Osaka, Sapporo and Tokyo – and has been conducting awareness-raising activities across the nation.

  In March 2021, the Sapporo District Court ruled that not allowing same-sex marriage was unconstitutional. After a careful scrutiny of the scientific and medical arguments currently used to deny legal benefits to same-sex couples, the Sapporo District Court reasoned that the failure to allow ‘even a certain degree’ of legal benefits to same-sex couples based on their sexual orientation is against Article 14 of the Constitution, which stipulates equality under the law. Although the court dismissed the plaintiffs’ claim for compensation, its verdict was viewed as a step that would surely accelerate the movement to legalise same-sex marriage in Japan.

  But then in June 2022, the Osaka District Court concluded that not allowing same-sex marriages does not violate Article 14, given that the legal disadvantages faced by same-sex couples can be compensated by wills or other means. In addition, the court emphasised that the gap between the benefits enjoyed by heterosexual and same-sex couples has been minimised by the recognition of same-sex partnerships at the municipal level. This, however, overlooks the fact that the municipal system of partnership recognition is not legally binding.

  The Osaka District Court also claimed that the ‘true’ elimination of discrimination and prejudice should be achieved by constructing a social system through the democratic process of free discussion by the people. This was criticised by civil society as an abdication of the judiciary’s crucial role as the bastion of human rights. Also under fire is the court’s claim that marriage is purely for the purpose of reproduction.

  How can the international community support LGBTQI+ people fighting for their rights in Japan?

  Since 2020 J-ALL has been running a global campaign, Equality Act Japan (EAJ), alongside Human Rights Watch and other global human rights organisations. We would like you to sign the petition found in our website to ask the Japanese government to enact the LGBT Equality Act.

  If you are a private company, we will appreciate your cooperation in adhering to the Declaration of Business Support for LGBT Equality in Japan, which we promote as a part of the EAJ campaign.

  Last but not least, we would be happy if you could join us by checking out the current situation in Japan, follow our activities through our website or social media, and support us through a one-time or a monthly donation.

  Civic space in Japan is rated as ‘narrowed’ by theCIVICUS Monitor.
  Get in touch with J-ALL through itswebsite orFacebook page, and follow@lgbthourengokai on Twitter. 

• LATVIA: ‘The legalisation of same-sex civil partnerships has brought instant conservative backlash’

  

  CIVICUS speakswith Kaspars Zālītis, a human rights activist and board member of Mozaika,about therecent legalisation ofsame-sex civil partnerships in Latvia.

  Founded in 2006, Mozaika is the oldest LGBTQI+ civil society organisation (CSO) in Latvia. It promotes gender equality and anti-discrimination, raises awareness of diverse sexual orientations, gender identities and expressions of identity, promotes an understanding of diverse family models and their legal recognition and advocates for the harmonisation of Latvian laws with international standards.

   

  How significant is the legalisation of same-sex civil partnerships in Latvia?

  The Latvian parliament’s decision to legalise same-sex civil partnerships is historic, particularly considering the nine unsuccessful attempts that preceded it, spread over 24 years.

  The decision, which involves eight separate pieces of legislation granting various rights to people in same-sex civil partnerships, is the first step, and a very significant one, to pave the way for further recognition of LGBTQI+ human rights in Latvia. This victory stands as a collective achievement of LGBTQI+ organisations working in tandem with legislators and shows how cooperation between civil society and politicians can foster positive change.

  We have some wonderful politicians who facilitated the adoption of this package of laws, while we take the credit for having persuaded them to include LGBTQI+ issues on their agenda. Latvia’s first out LGBTQI+ president has also greatly contributed to a positive image and representation of the community.

  Have you experienced backlash?

  We’ve experienced instant conservative backlash and the issue is not yet settled. The civil partnership bill was passed by a small majority, and opposition parties asked the president not to promulgate it so they could have time to collect signatures for a referendum to repeal it.

  As of today, seven out of eight amended laws have already been signed and are set to come into force on 1 January 2024, allowing people in same-sex civil unions to enjoy some social security and tax benefits and hospital visiting rights. However, the crucial piece of legislation that would allow notaries to register same-sex civil partnerships has been put on hold while the opposition seeks to collect the more than 155,000 signatures needed to call a referendum.

  If called, the referendum will be binding if at least 50 per cent of the people who voted in the last election show up and vote. And if a majority of them rejects the law, it will be repealed.

  The Latvian LGBTQI+ community is hopeful that this move won’t succeed. Hopefully there will be no referendum, or not enough people will vote in it if there is one, or they will vote against the repeal. We hope the president will be able to promulgate the law so that it can come into force by mid-2024.

  How is Mozaika working to advance LGBTQI+ rights in Latvia?

  Mozaika is Latvia’s only LGBTQI+ advocacy organisation and for a long time it was the only LGBTQ+ organisation in Latvia. We held a monopoly on LGBTQ+ issues, which resulted in some issues being overlooked due to resource constraints. Thankfully, several new LGBTQI+ organisations have recently been established to bridge the gaps.

  Over 18 years, Mozaika has done a lot of work in advocacy, organising Pride events, conducting capacity development for civil society and providing training for the police and other professions. We have continuously engaged in conversations and raised awareness about LGBTQI+ issues among the public. Our efforts have led to a significant improvement in social attitudes toward LGBTQI+ people. In 2015, only nine per cent of people had a positive attitude, with around half neutral. A recent poll indicates a shift, with 25 per cent now expressing a positive attitude, while half maintain a neutral stance.

  How do you connect with the international LGBTQI+ movement, and what further support do you need?

  We cooperate closely with regional LGBTQI+ organisations to exchange best practices and learn from each other. One of the greatest examples of our cooperation is the annual Baltic Pride, rotating between the capitals of Estonia, Latvia and Lithuania, with Latvia’s capital Riga hosting the event in 2024. Mozaika is also a part of international umbrella organisations, including ILGA-Europe.

  Like every CSO, we struggle with funding sustainability to maintain our activities and ensure financial independence. Given that LGBTQI+ issues are still not popular among local funders, Latvian LGBTQI+ organisations face additional challenges. Even though we’ve achieved significant milestones, we urge the international community to keep monitoring the political situation in Latvia to avert a broader conservative backlash that could jeopardise our accomplishments.

  What are your next steps?

  The positive changes witnessed since our founding in 2006 reflect the extensive and strategic character of our work. We’re going to persist in litigation on various fronts, such as addressing inheritance rights, seeking recognition for same-sex couples who have married or registered abroad and advocating for the recognition of the children of same-sex families. We’ll also keep working to combat the rising trend of online hate speech and anti-LGBTQI+ propaganda.

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  Civic space in Latvia is rated ‘open’ by theCIVICUS Monitor.

  Get in touch with Mozaika through itswebsite or itsFacebook page and follow@lgbt_mozaika andKasparsZ on Twitter.

  The opinions expressed in this interview are those of the interviewee and do not necessarily reflect the views of CIVICUS.

• MAURITIUS: ‘LGBTQI+ people no longer need to live with the constant fear of being criminalised’

  CIVICUS speaks with Najeeb Ahmad Fokeerbux, founder of the Young Queer Alliance (YQA), about the recent ruling by the Mauritius Supreme Court that declared the criminalisation of same-sex relations unconstitutional.

  The YQA is a non-governmental, youth-led and apolitical organisation registered in Mauritius that seeks to empower LGBTQI+ people and organisations, promote equality and lead change.

  What is the situation of LGBTQI+ rights in Mauritius?

  The human rights of LGBTQI+ people in Mauritius have progressed for one and a half decades now. The issue of healthcare for LGBTQI+ people was raised in the National Assembly as early as 1995 with regard to HIV/AIDS prevention, care and treatment. Since then, we’ve seen strides with HIV interventions targeted at LGBTQI+ people with change accelerating since 2008. The Employment Rights Act was passed in 2008, and would later become the 2019 Workers’ Rights Act. The Equal Opportunities Act was promulgated in 2012 and the Civil Status Act was amended in 2021, allowing for the registration of sex at birth of intersex persons as ‘undetermined’.

  Yet local organisations, including the YQA, have faced a deadlock in addressing some pressing needs and aspirations of LGBTQI+ people such as the decriminalisation of homosexuality, the recognition of trans people and marriage equality, and it didn’t seem that legislative change would occur anytime soon.

  What was the process leading to the decriminalisation of same-sex relations?

  Conversations around litigation to challenge section 250(1) of the 1838 Criminal Code, which criminalised homosexuality, started as early as 2014. Numerous community consultations were held, but no queer people were ready yet to take on the challenge. It was a David versus Goliath situation.

  Since YQA was founded in 2014, advocacy efforts started making progress with policymakers. Conversations gained new momentum in 2018 with the queer community winning support from international allied organisations. India decriminalised homosexuality in 2018, and with around 65 per cent of Mauritians being of Indian descent, this had a lot of impact. There didn’t seem to be a reason for Mauritius not to follow suit.

  In September 2019, with the support of two law firms based in Mauritius and France, three friends and fellow activists and I approached the Supreme Court to seek constitutional redress on the basis that section 250 (1) of the Criminal Code violated our fundamental rights and freedoms and was therefore unconstitutional. Two additional cases followed: one by renowned gay artist Henry Coombes and another one by a young queer activist, Ridwaan Ah-Seek.

  But change wasn’t going to happen if we only sought it in court. We had to accompany the legal process with efforts to change the hearts and minds of people. In other words, we had to fight two battles – one in court and another in society – at the same time, while ensuring that plaintiffs remained safe and didn’t lose the courage to continue a legal battle that would take years.

  The YQA mobilised the community and funding from donors for this strategic and planned effort. In addition to our lawyers, we got support from the Canada Fund for Local Initiatives, the Equal Rights in Action Fund of the National Democratic Institute, the European Union delegation in Mauritius, Planet Romeo Foundation and The Other Foundation. They supported a range of projects to empower LGBTQI+ ambassadors, provide media training, engage with both the public and private sectors and undertake research. We submitted the results of a research project we conducted in 2021 to the courts as evidence.

  The four plaintiffs – two Hindus, one Christian and one Muslim – brought to court our stories as queer people from all parts of Mauritian society. Three of us being public officers, we were able to show the challenges we faced due to this abhorrent law being on the books. We played our part and our skilled lawyers played theirs. One thing led to another, and four years later, on 4 October 2023, LGBTQI+ people in Mauritius no longer needed to live with the constant fear of being criminalised.

  What made Mauritius not follow the regressive path taken insome other African countries?

  The Supreme Court showed independence, impartiality and sensitivity to human rights. The principle of separation of powers was upheld. Mauritius is seen as a respected political and economic player in the region. We hope we will be an example for other Commonwealth and African Union member states to follow.

  However, we recognise that unfortunately, many African countries are plagued by dangerous imported extremist doctrines that are erasing the core meaning of being African. The situation is worse than that when the colonial masters enslaved us, for it is our own kin, people with our same skin colour and the same African roots, who are dehumanising and un-Africanising us, while it is them who are bringing in an imported ideology – homophobia.

  What’s next on the LGBTQI+ agenda in Mauritius?

  Two issues that need to be tackled are the recognition of trans people and marriage equality. By preparing ourselves and providing there are adequate resources, the YQA will be able to help us overcome these two injustices.

  This ruling paved the way for greater inclusion of LGBTQI+ people in Mauritius. But although same-sex private sexual relationships among consenting adults have been decriminalised, it remains crucial to educate queer people and people in general about the ruling and its implications for human freedom, equality, dignity and rights.

  What international support do you receive, and what further support do you need?

  The YQA works in networks with LGBTQI+ activists and organisations in the region and beyond. This is what makes our queer movement a global one. And it contributes to learning, sharing and lifting each other’s spirits.

  Achieving the recognition of trans people and marriage equality will require institutional support, strengthened allyship, the participation of the private sector and sustained funding. At the same time, Mauritius is set on the path to becoming an upper-middle-income or high-income economy, making organisations such as the YQA ineligible for donor aid. Donors have to understand that the overall economic situation does not benefit LGBTQI+ people equally and should therefore continue providing targeted support, capacity development and funding to LGBTQI+-led organisations to continue our work.

  Civic space in Mauritius is rated ‘narrowed’ by theCIVICUS Monitor.

  Get in touch with the Young Queer Alliance through itswebpage orFacebook page.

• PANAMA: ‘By giving the government the green light to discriminate, the Court has broadened the reach of the LGBTQI+ cause’

  CIVICUS speaks with Iván Chanis Barahona, president of Fundación Iguales, about the situation of LGBTQI+ people and the struggle for equal marriage rights in Panama.

  Fundación Iguales is a Panamanian civil society organisation (CSO) aimed at ending discrimination based on sexual diversity through diagnosis, awareness-raising and human rights advocacy. Taking an intersectional approach, it also promotes the rights of women, Afro-descendant people, older people and other excluded groups.

  What progress has the struggle for LGBTQI+ rights in Panama made since homosexuality was decriminalised in 2008?

  Public opinion has steadily evolved towards an attitude of respect towards LGBTQI+ people. Although there is still a long way to go, especially due to the absence of public policies recognising the rights of the sexually diverse population, the strengthening of a civil society that promotes human rights is a tangible step forward.

  It is important to emphasise that, although homosexuality was decriminalised in 2008, institutional discrimination has persisted, not only in attitudes but also in numerous rules and regulations. For instance, the police's disciplinary regulations include as a very serious offence ‘the practice of homosexuality and lesbianism’. This is as serious a misdemeanour as ‘firing unnecessary shots in a way that harms others’ or ‘physically attacking a colleague or subordinate’. The general regulations for firefighters also codify ‘publicly practising homosexuality (or lesbianism)’ as a very serious offence.

  Likewise, homosexuals are still not allowed to donate blood and there is no law recognising gender identity or banning discrimination based on sexual orientation, gender identity or gender expression. Panama is also one of the few countries in the region without a law for the protection of human rights defenders.

  What was the significance of the Inter-American Commission on Human Rights’ (IACHR) call for the approval of equal marriage in Panama?

  The IACHR’s call came in 2020 in the context of a thematic hearing requested by Fundación Iguales in response to the long delay by Panama’s Supreme Court of Justice in processing the various claims of unconstitutionality of the ban on civil marriage between same-sex couples. The hearing generated many expectations, particularly among same-sex couples who, after years of waiting, had been denied their right to access to justice, and therefore their dignity.

  Fundación Iguales and other LGBTQI+ human rights organisations were able to draw attention to our demands, and the IACHR was categorical in its recommendation that Panama should comply with its Inter-American commitments. But the expectations generated were clearly dashed because the government did not comply with the agreements resulting from the hearing, which included the establishment of a working group between the IACHR and the state to follow up on the demands we expressed at the hearing, and which the IACHR confirmed should be fulfilled within a short period of time.

  How have Panamanian LGBTQI+ organisations, and Fundación Iguales in particular, worked to achieve legal change and overcome cultural resistance?

  In recent years, LGBTQI+ organisations in Panama have grown and increased our advocacy work on various issues and in a variety of spaces, with good results. Collaboration among organisations has been key in addressing cultural resistance to our work.

  At Fundación Iguales we have focused on social work and on supporting litigation around equal marriage claims before the Supreme Court. We make intensive use of the Inter-American human rights system, mainly through thematic hearings at the IACHR and by participating in the General Assembly of the Organization of American States. We also work within the framework of the global human rights system, leading national processes and sending input to bodies such as the United Nations (UN) Human Rights Committee and Committee on Economic, Social and Cultural Rights.

  At the same time, Fundación Iguales has led a national campaign for same-sex civil marriage, Yes I Do, which has been joined by other CSOs such as Convive, Diversa, Hombres Trans and Pride Connection. Companies such as BBDO, Diageo and LLYC, and institutions including the Canadian and UK embassies and the Regional Office for Central America of the Office of the UN High Commissioner for Human Rights, among others, have joined in.

  We have been supporting trans people in the long process to get their names changed for many years, together with the Panamanian Association of Trans People and Trans Men Panama. We have participated and collaborated in the organisation of Pride marches, with a focus on academic and cultural offerings, along with the lesbian feminist organisation the International Coalition of Women and Families.

  Who supports and who opposes LGBTQI+ rights in Panama?

  Those of us in favour are a diverse group that complement each other, strongly supported by our families and by young people overall. There are numerous companies, embassies, international institutions, media outlets, journalists and academic institutions that speak out strongly for Panama to be an inclusive country where LGBTQI+ people are respected and valued. Connections with other minority groups of Panama, such as Afro descendants, consolidate our intersectional message.

  The group opposing our rights is an extreme faction of conservative and religious groups. However, it is important to clarify that many conservative and religious people in Panama are in favour of respect for and non-violence against LGBTQI+ people.

  Unfortunately, many institutions that are supposed to protect us, such as the police and the Supreme Court, have strongly opposed sexual diversity rights. Their arguments are deeply flawed and tend to focus on a very schematic view of the ‘natural’ versus the ‘unnatural’. The Supreme Court shamefully expressed itself along these lines by stating that the primary function of marriage is procreation for the continuation of the species. The conclusions drawn from these arguments are extremely violent and unacceptable in any modern society.

  Why is progress made in the field of public opinion still not reflected in the legal framework?

  There has been very clear progress in the realm of public opinion. For instance, according to polls, the Yes I Do campaign has had a huge impact on Panamanian society: in just three years it shifted the opinions of more than 300,000 people, a huge number for a country of just 4.2 million. That so many non-LGBTQI+ people support our aspiration for a discrimination-free society is a clear sign of change.

  But these positive changes are not reflected in the legal framework due to a lack of political will. Our country has an outdated, populist, ineffective and unethical political leadership. Our leaders haven’t understood that they are dissociated from the changes of our time in terms of the evolution of human rights, international law and the principles of liberal democracy. But change is unstoppable: new generations are clearly adopting pro-rights, pro-diversity and pro-inclusion positions, and it is only a matter of time before they reach key decision-making positions.

  How is the struggle continuing given that the Supreme Court has upheld the constitutionality of the ban on same-sex marriage?

  The struggle will consolidate, reinvent itself and go on. By giving the government the green light to discriminate, in this case against same-sex couples and their right to form a family that is recognised and protected by the state, the Court has made clear its animus towards LGBTQI+ people. No longer can anyone say that discrimination is subtle or imaginary: it has become obvious and obscene to all people, not just to LGBTQI+ people who suffer it directly. The situation has become clearer than ever, which has led to more people engaging in the struggle for LGBTQI+ rights.

  In sum, the Court’s deplorable decision has broadened the reach of the LGBTQI+ cause, and in that sense constitutes a key moment in the move towards shaping the country we want, with a focus on protecting human rights and the environment, combating social and economic inequalities and promoting transparency and the fight against corruption.

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  Civic space in Panama is rated as ‘narrowed’ by theCIVICUS Monitor.

  Get in touch with Fundación Iguales through itswebsite orFacebook page, and follow@figualespanama on Twitter.

• POLAND: ‘In reaction to conservative backlash, public support for LGBTQI+ rights is on the rise’

  

  CIVICUS speaks about 2023 Pride and Polish LGBTQI+ rights organisations’ response to the conservative backlash against LGBTQI+ rights with Annamaria Linczowska, advocacy and litigation officer at Campaign Against Homophobia (KPH).

  Founded 2001, KPH is a Polish LGBTQI+ civil society organisation (CSO) working to counter violence and discrimination based on sexual orientation and gender identity through political, social and legal advocacy.

   

• SPAIN: ‘The LGBTQI+ community fears both legal and social backlash’

  CIVICUS speaks about the situation of LGBTQI+ people in the context of Spain’s election withEmilio de Benito, spokesperson for Health and Seniors of the LGTB+ Collective of Madrid (COGAM).

  Founded in 1986, COGAM is a civil society organisation (CSO) working for LGBTQI+ equality. It is one of the founding organisations of the Spanish State Federation of Lesbians, Gays, Transsexuals and Bisexuals and one of the promoters of equal marriage, legalised in 2005.

  What recent changes have occurred in the situation of LGBTQI+ people in Spain?

  Following the approval this March of the Trans Law, the situation in Spain is, at least on paper, one of the best in the world. The Trans Law allows free choice of registered sex based solely on each person’s will, prohibits conversion therapies and imposes measures for diversity in education and employment.

  We have a problem, however, namely the rise of hate speech propagated by the far right, represented by Vox, and even by the more traditional conservative party, the Popular Party (PP). This election campaign has been plagued by expressions of homophobia and transphobia. We have seen politicians refuse to address trans people in a manner consistent with their gender identity and threaten to abolish laws that have enshrined rights, such as the Equal Marriage Law and the Trans Law. This has reflected in an increase in harassment of LGBTQI+ people both in the classroom and on the streets. According to official data, last year hate crimes in Spain increased by 45 per cent, although real figures may be much higher, because people do not always report these crimes. The LGBTQI+ community fears both legal and social backlash.

  Why did LGBTQI+ rights become a campaign issue?

  Over the past year, there has been much debate about the Trans Law, which was only passed in February. That is why several political parties have the issue on their agenda. This law is possibly the most shocking for the far right and it affects very few people, so even if they don’t try to repeal it, they will certainly try to amend it. In other words, in the best-case scenario, a medical diagnosis pathologising transsexuality will again be required and minors will not receive treatment or will face many obstacles.

  As for the Equal Marriage Law, I doubt that the PP will be able to repeal it, although Vox calls for it. Instead, the party is more likely to seek to put obstacles in the way of adoption or registration of a partner’s child.

  Unfortunately, the Trans Law has also been very strongly rejected by a segment of left-wing feminism, which has given an additional advantage to the right. I believe, however, that this is a philosophical rather than a legal debate. We can debate as much as we like about what makes us identify as male or female, but we must still recognise the right of each person to express their identity.

  Did the LGBTQI+ movement align with any electoral choice?

  We do not align ourselves with any political party, but we do point out that there are parties, such as Vox, with messages and proposals that threaten our rights. This has not been without controversy. The State Federation of Lesbians, Gays, Transsexuals and Bisexuals of Spain has mounted a campaign calling on people not to vote for the right, but some have expressed disagreement with this because in principle one can be right-wing in economic matters without being homophobic. But in our case, the two things overlap.

  Pedro Zerolo, a very important gay activist who was at the forefront of the struggle for equal marriage, used to say that rights must not only be won and enjoyed, but also defended. Clearly we are now in the phase where we must defend our victories.

  So all LGBTQI+ collectives have been involved in the election campaign. We have done so during Madrid Pride, which is one of the most important in the world, because of its duration – it lasts four days – and the number of people it attracts, including many non-LGBTQI+ people, and also because of the many cultural and social activities it includes. We have also participated in debates with political parties: COGAM, for instance, held a debate with representatives of four parties. Not all of them were left-wing parties, although these are the ones who always want to meet with us, listen to us and learn our opinion. But we did not invite the far right, because there is no point in us giving them a voice.

  What are the possible post-election scenarios?

  The PP has opposed all laws that recognised rights for LGBTQI+ people as well as women’s rights, even taking them to the Constitutional Court. But when the Constitutional Court has concluded that these laws do not infringe any constitutional norms, PP governments have not repealed them. But they will likely attack the Trans Law. One of the great achievements of this law is that it listens to minors. When minors know perfectly well who they are and want to be, it makes no sense to repress them until they are of age. It’s the same with abortion: in the past, minors under 16 were required to have their parents’ permission, but then this requirement was removed because there are cases, such as incest, where it was highly problematic. I think they are going to try to go back on these rights as far as minors are concerned.

  They could also go back to requiring trans women to undergo two years of diagnostic psychological treatment. Transgender men have been erased from the debate altogether, as if they don’t exist. There is too much concern about what might happen if a trans woman enters a women’s locker room, but no one is concerned about what might happen to a trans man in the gym.

  In the field of education, very serious setbacks are likely to occur – for instance, we could lose the space that allows us to explain the reality of LGBTQI+ people in schools. For an LGBTQI+ adolescent or pre-adolescent it is essential that someone tells them that what is happening to them is not the usual thing, but it is not abnormal either, and that they can indeed be happy. But they are trying to erase this message.

  Even structures such as equality departments, the local and regional government’s equality bodies, are in many places disappearing or being diluted, renamed ‘family agencies’ when taken over by the far right. Obviously, when LGBTQI+ CSOs need state support for our campaigns, we will receive a very weak response, if any at all.

  The LGBTQI+ movement has pushed for important legal changes. How have you worked to build public support for these?

  Most LGBTQI+ organisations in Spain are political actors and not just welfare organisations. We advocate with parties, lawmakers and public officials. But in my opinion, our main work is about creating visibility.

  The Pride events that take place in Spain, particularly those in Barcelona, Madrid and Valencia, give us the kind of visibility that brings other people closer to us. There is now a trans senator. We campaign in the media. We use social media intensively because it allows us to do two things: reach out to LGBTQI+ teenagers and pre-teens and project a proactive and positive image to society as a whole.

  But we are aware that visibility also exposes us. Every year after Pride events there are cases of guys returning from Chueca, the neighbourhood where Madrid Pride events are concentrated, to their neighbourhoods on the outskirts and being beaten up as soon as they come out of the metro. It happens because they come back from the city centre feeling like the kings of the world. They have been happy, integrated, free. In that euphoria, they don’t realise that they have entered a dangerous zone, where hatred messaging has penetrated deep. And these days there are fewer qualms about insulting LGBTQI+ people. A few years ago, people wouldn’t do it or would do so in a whisper, but now they are emboldened so they are loud, as if they were showing off.

  What links do you maintain with LGBTQI+ organisations internationally?

  At the national level, Spanish CSOs are organised in the State Federation, which maintains relations with ILGA, the International LGBTI Association. Several Spanish organisations are also very focused on Latin America and other Spanish-speaking countries such as Equatorial Guinea. In this former Spanish colony in Africa, for instance, they have just launched a campaign.

  Another form of collaboration involves working with LGBTQI+ migrants from Latin America. The main foreign population groups in Spain are from Romania, Morocco and then Venezuela, Colombia and Ecuador. We are a place of refuge. It is culturally easy, and also many have a Spanish background, which makes it easier for them to stay and can even give them access to citizenship. We play a clear role in this. As our websites are in Spanish, they are very easily consulted by Latin American organisations and our messages reach them without any barrier.

  However, as the situation stands, it is more about us campaigning to support others, than about others supporting us. Within Europe, for instance, we are among the countries that are doing relatively well, so it seems logical that the focus should be on countries like Hungary and Poland. But in any case, working at the European level is the most effective way to resist the conservative backlash, so that countries that break laws or withdraw rights come under pressure from the European Union.

  How do you see the future?

  Right now, at this crossroads, I see it with fear. I was a teenager at the time of Franco’s dictatorship and I lived through it in fear. Now I fear the idea that we might be headed back to that.

  In recent decades many people have accepted us, but they have not all done it for the same reasons. Many people have done so because they did not dare to express their rejection, because it was frowned upon. But now the part of the population in which rejection is well regarded is growing.

  The other day in a public debate a trans girl who is a member of a party was called ‘chronically ill’. Members of regional parliaments insist on addressing trans women lawmakers in masculine terms. Until recently, those who thought these things kept quiet because they were frowned upon and feared social rejection. But now there is a public emboldened to express their hatred. And this will continue regardless of the outcome of the election, because the groups that promote hatred have a public presence that transcends parliament. So I fear for the fate of egalitarian laws, but I fear the streets even more.

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  Civic space in Spain is rated ‘narrowed’ by theCIVICUS Monitor.

  Get in touch with COGAM through itswebsite or itsFacebook andInstagram pages, and follow@COGAM and@emiliodebenito on Twitter.

• SRI LANKA: ‘We’ve held Pride celebrations since 2004; we’re very proud of what we have achieved’

  CIVICUS speaks about the status of LGBTQI+ rights and progress being made towards decriminalising homosexuality in Sri Lanka with Rosanna Flamer-Caldera, founder and Executive Director of EQUAL GROUND.

  Founded in 2004, EQUAL GROUND is the oldest LGBTQI+ civil society organisation (CSO) in Sri Lanka. It fights for the recognition and realisation of civil, political, economic, social and cultural rights and focuses on empowerment, wellbeing and access to health, education, housing and legal protection services for Sri Lanka’s LGBTQI+ people.

  How has the situation of LGBTQI+ rights in Sri Lanka recently changed?

  We still have laws inherited from British colonial times that date back to 1883. These are articles 365 and 365A of the Penal Code, which criminalise ‘carnal intercourse against the order of nature’ and ‘acts of gross indecency’. Both of these target LGBTQI+ people.

  Sri Lanka is among over 40 former British colonies that also criminalise same-sex sexual relationships between women. In 2018, I filed a complaint with the United Nations (UN) Committee for the Convention on the Elimination of All Forms of Discrimination against Women. In its decision, finally taken in February 2022, the Committee requested that the Sri Lankan government decriminalise homosexuality in general and between consenting same-sex women specifically.

  Soon after, in August 2022, a private member’s bill to decriminalise homosexuality was put forward in parliament. In February 2023, in response to Sri Lanka’s Universal Periodic Review at the UN Human Rights Council, where most LGBTQI+ organisations requested the repeal this legislation, the Sri Lankan Minister of Foreign Affairs said that Sri Lanka would follow this recommendation, while making clear it would not legalise same-sex marriage. We understand that’s a fight for another day.

  In the meantime, the bill reached the attorney general of Sri Lanka, who released an order that both articles of the Penal Code were to be repealed rather than amended, which made us very happy. But as soon as the bill started being discussed in parliament, a petition was filed claiming it was unconstitutional. There were more than 12 intervening petitions filed to counter this petition, and in response the Supreme Court issued a ground-breaking decision stating that the bill amending the Penal Code to decriminalise consensual same-sex behaviour does not violate the Constitution of Sri Lanka. The case specifically touched upon the concepts of human dignity and privacy underlying equal rights for all, because the preamble of our constitution recognises the value of dignity. The Supreme Court of India used a similar argument in a 2018 case on the right to equality, saying that ‘life without dignity is like a sound that is not heard. Dignity speaks, it has its sound, it is natural and human’.

  Now, the bill is up for a parliamentary vote, and all it needs to pass is a simple majority. While the government has said it will decriminalise homosexuality, there are still homophobes in the government. But we hope that the vote will turn out positively. 

  What role has civil society played in the case?

  EQUAL GROUND was among the organisations that submitted petitions in the case that was filed with the Supreme Court. Not only LGBTQI+ organisations, but many other CSOs and individuals also took part in the process. Petitions were also filed by a former UN Special Rapporteur on violence against women and by professors, lawyers, activists and people from all walks of life. The was a lot of positive media coverage, on top of civil society work to create awareness and take to the media to promote the issue.

  Of course, there has also been backlash, with some members of parliament attacking the bill and others reconsidering support following a recent Pride march that many thought was not appropriate to Sri Lankan culture due to partial nudity and problematic messaging.

  How would you describe relations between Sri Lanka’s LGBTQI+ people and state authorities?

  The police have played a huge role in subjugating LGBTQI+ people in Sri Lanka. Not coincidentally, the first event at Colombo Pride 2023 will be devoted to discussing the more than 200 human rights violations against LGBTQI+ people that have been recently recorded in Sri Lanka. In most cases the perpetrator has been linked to the police.

  In 2021, EQUAL GROUND filed a case against the police for hiring a motivational speaker who propagated among officers a narrative connecting child abuse and homosexuality. We won the case and the police have been forced to distribute instructions to all police stations alerting officers to be very mindful of their treatment of LGBTQI+ people, particularly transgender people. This has made it clear that asking for sexual favours, blackmailing LGBTQI+ people and stopping them on the streets with no probable cause is against the law.

  With the aim of protecting LGBTQI+ people from police brutality, we reopened the case, and the police have recently promised to the court that they will change the terminology to make it inclusive of all LGBTQI+ people. Our strategy was to engage only three LGBTQI+ people along with several heterosexual people, to show the court this was an issue for everyone and not just LGBTQI+ people. Doing it with straight support also showed that not everyone shared anti-LGBTQI+ prejudice. The fact that we filed these cases and got some form of commitment from the authorities was ground-breaking.

  Our upcoming Pride march has been sanctioned by the police. We sought their permission, and we’re proud to say that we have been the first organisation to officially get it. Right now, we have a very good Inspector General of Police, he’s easy to talk to, but there’re rumours he will be replaced in three months. I would say there are mixed elements in the current relations between LGBTQI+ people and the authorities.

  How does EQUAL GROUND advocate for LGBTQI+ rights?

  Our fight, even after decriminalisation is achieved, will continue to aim to integrate LGBTQI+ people into our society. This is the cause we have been working on for the last 19 years.

  We’ve held sensitising and educational programmes around the country. We’ve run a lot of social media and mainstream media campaigns, produced research backing our claims regarding the number of people who identify as LGBTQI+ in Sri Lanka and the kind of challenges they face, and have created self-help books for families and allies of LGBTQI+ people. We have an ongoing campaign that has been running for over a year called ‘Live with Love‘, targeted at people who are not haters but are rather neutral or in-between, and could be swayed either way.

  All that’s happened over the last 19 years has given rise to many other LGBTQI+ organisations in Sri Lanka that have become involved in advocacy and the struggle for non-discrimination and decriminalisation. When we established our organisation back in 2004, we were the only ones fighting for all LGBTQI+ people, and we remained alone in this journey for a very long time. Only after 2015 did other organisations and people start coming out and getting involved. Until then we lived under a dictatorship and it was difficult to be open, but we have held Pride celebrations since 2004. Our Pride celebrations are turning 19 this year, and so is EQUAL GROUND. We’re very proud of what we have achieved so far.

  What forms of international support are Sri Lanka’sLGBTQI+ organisations receiving, and what further support would you need?

  We are quite underfunded due to inflation and the ever-rising cost of living, so we aren’t sure that we can retain good staff considering the scale of wages we’re able to pay. We’ve also lost funding due to the fluctuating exchange rate. The state of the economy is one of our major issues, so funding is always welcome.

  EQUAL GROUND has been constantly involved in various networks internationally that have opened up avenues of funding and learning, including the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) and ILGA Asia, Innovation for Change (I4C), and the Commonwealth Equality Network, a network of Commonwealth countries and their LGBTQI+ organisations.

  Civic space in Sri Lanka is rated ‘obstructed’ by theCIVICUS Monitor.

  Get in touch with EQUAL GROUND through itswebsite or itsFacebook page, and follow@EQUALGROUND_ on Twitter.

• ST VINCENT AND THE GRENADINES: ‘We advocate for the repeal of anti-gay laws as a matter of human dignity’

  CIVICUS speaks about struggles for LGBTQI+ rights and a recent legal setback in St Vincent and the Grenadines (SVG) with Jeshua Bardoo, founder and Executive Officer of Equal Rights, Access and Opportunities SVG (ERAO SVG).

  ERAO SVG is an intersectional human rights civil society organisation (CSO) that promotes equality and non-discrimination in SVG. It conducts research and monitors human rights and social justice issues affecting women, children, LGBTQI+ people and people with disabilities. It carries out public awareness campaigns, advocates with local and national authorities, as well as in regional and international rights forums, convenes like-minded organisations, organises consultations and provides training on human rights issues affecting its target populations.

  How do LGBTQI+ organisations in SVG, including ERAO SVG, defend and promote the rights of LGBTQI+ people?

  Human rights advocacy, particularly for LGBTQI+ rights, has limited visibility in SVG. There are few organisations working for LGBTQI+ rights, and ERAO SVG is among the main ones. Other groups, such as VincyChap and Care SVG, work on HIV/AIDS and contribute indirectly to supporting LGBTQI+ people. Notably, VincyChap participates as an interested party in consolidated court cases challenging anti-LGBTQI+ laws. ERAO SVG, while not involved at the inception, now supports the case.

  Focusing on education and awareness, ERAO SVG conducts in-person and online events to sensitise people on queer rights and focuses on tackling stigma. Last year we organised historic Pride celebrations alongside the Resident British Commissioner’s Office. Events included a Pride SVG reception, workshop, panel discussion and a social media campaign.

  Despite the challenges and risks, our efforts seek visibility for LGBTQI+ people in SVG. Collaborations with local, regional and international organisations enhance our impact. As part of our commitment to bringing about change, we worked with Human Rights Watch to produce a report that highlights the community’s challenges and issues a series of recommendations.

  Have you experienced backlash?

  I have faced significant backlash in my activism for LGBTQI+ rights, both online and offline. Negative reactions, to the point to trigger depression, intensified in 2019 after I published an article, ‘Do black LGBTQ+ Vincentian lives matter?’. Despite the discouragement, I went back to writing and advocating for human rights and queer rights.

  Public events, especially Pride celebrations, always trigger backlash, particularly from members of the Thusian Seventh Day Adventists, a Christian group, who continuously publicly call me out on social media. Also, someone on the radio called for my arrest following the recent court ruling that upheld anti-LGBTQI+ laws in SVG.

  Social media posts warning LGBTQI+ visitors about the risks they would face in SVG helped us get some attention but also attracted criticism. Despite the online hostility, to date I have faced no actual physical harm, although the threats I received right after the court ruling made me fear I would. To protect my mental wellbeing, I now try to avoid reading negative comments I receive on social media.

  The backlash and how busy I became after the recent ruling took a toll on me mentally, making me physically exhausted. I plan to take a break to recover but I remain committed to my advocacy. My experiences growing up as a queer person in a hostile environment, including discrimination in school and religious settings, have shaped my resilience. I now choose a religion that predicates love, distancing myself from past religious affiliations.

  How much of a setback is the recent legal court ruling that upheld anti-LGBTQI+ laws in SVG?

  It was very disappointing. In 2019, two gay Vincentians, Javin Johnson and Sean MacLeish, challenged SVG’s so-called anti- LGBTQI+ laws, sections 146 and 148 of the Criminal Code. Both petitioners live abroad. Johnson sought asylum in the UK while MacLeish lives in the USA. Their petition argued that their constitutional rights were being violated, including the rights to privacy, personal liberty and protection from discrimination. They claimed they had left SVG due to the severity of its anti-LGBTQI+ legislation, which made it impossible for them to live in the country as gay men.

  CSOs such as VincyChap in SVG supported the case, while the UK-based organisation Human Dignity Trust played a role in the background.

  However, on 16 February 2024 the court questioned the claimants’ standing and ruled that none of their rights had been violated. It deemed the LGBTQI+ laws justifiable, citing public health concerns related to HIV and morality. As it dismissed their claims, the court didn’t offer any remedy and ordered each claimant to pay EC$7,500 (approx. US$2,800) to the state in legal costs.

  There are still other legal cases in the region awaiting decisions, and despite setbacks, civil society activists and organisations remain committed to challenging discriminatory laws.

  What are the next steps following this disappointment?

  After studying the ruling and the justifications it offers, the lawyers and claimants in the case will decide whether to appeal. They need to weigh whether loopholes or weaknesses in the ruling provide grounds for a potentially successful appeal. Personally, having followed the virtual court proceedings, I find many of its statements absurd and believe the case should be appealed or otherwise new cases should be filed.

  We are disappointed that Prime Minister Ralph Gonsalves has failed to address the issue, which I think reflects state-sanctioned homophobia. Despite past condemnations of violence against LGBTQI+ people, there has been no practical action. It is disheartening to see politicians so focused on keeping the support of Christian voters who are allegedly in the majority. It is worth noting that churches were deeply involved in the judicial case. The judge’s open expression of religious sentiments and allegiances in court raised serious doubts about her impartiality.

  Governments should prioritise people’s wellbeing, and in the case of LGBTQI+ people, this requires at the very least repealing criminalising provisions. The state should also enact comprehensive legislation protecting people from discrimination based on sexual orientation and gender identity and expression. There is nothing like this in SVG, so there is a lot of work to be done. As a first step, ERAO SVG will continue to advocate for the repeal of discriminatory laws as a matter of human dignity.

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  Civic space in St Vincent and the Grenadines is rated ‘open’ by theCIVICUS Monitor.

  Get in touch with ERAO SVG through itswebsite orFacebook page, and follow@eraosvg on Instagram.

• THAILAND: ‘Marriage equality is likely to pass – and inspire change in other Asian countries’

  

  CIVICUS speaks about the progress being made toward legalising same-sex marriage in Thailand with Mookdapa Yangyuenpradorn, an LGBTQI+ activist and Human Rights Associate at Fortify Rights.

  Founded in 2013, Fortify Rights is a human rights civil society organisation (CSO) working to bring laws, policies and practices in line with human rights standards through evidence-based research, strategic truth-telling and empowerment.

  Why are there currently four different bills in parliament aimed at legalising same-sex marriage?

  LGBTQI+ marriage is such a significant issue in Thailand today that bills to legalise it have been submitted to parliament simultaneously by the government and other political groups. It is unusual and encouraging to see political parties competing to propose changes that would benefit LGBTQI+ people.

  Out of the four bills up for consideration, one was submitted by the government, two were submitted by political parties, the Move Forward Party and Democratic Party, and another was submitted by civil society. The one submitted by the cabinet and approved by the prime minister takes precedence over the rest.

  The civil society bill was initiated by the Rainbow Coalition for Marriage Equality, which brings together numerous CSOs. It was developed at the grassroots level and drafted and submitted on behalf of Thailand’s LGBTQI+ people. It successfully made its way into parliament, with its authors securing seats in the readings as discussions progressed. It is uncommon for a bill proposed by civil society to enter parliament, so this is a very positive development.

  The civil society bill is also more progressive than the other three because it ensures parental rights for LGBTQI+ people and proposes a transitional procedure to allow LGBTQI+ couples to register their marriages and enjoy spousal rights while other relevant laws are still being revised and amended, rather than make them wait until all of the process is finished.

  Still, the primary objective is consistent across all four bills: they all seek to amend the civil and commercial code, which now defines marriage as a union between man and woman and grants them the status of ‘husband and wife’, by replacing these gendered words with the gender-neutral expressions ‘individuals’ and ‘spouses’. This simple change will enable LGBTQI+ people to register their marriages.

  How have LGBTQI+ activists advocated forthe bill?

  The constitution establishes that if a bill is proposed by a group of citizens or civil society groups, representatives from the initiating group should be involved with the parliamentary committee working on the bill. This provided space for LGBTQI+ activists to participate in the legislative process and advance their agenda. The Rainbow Coalition for Marriage Equality has played a crucial role in presenting a unified and consolidated stance on marriage equality in parliament. The activists currently engaged in discussions have been advocating for this bill for over a decade.

  As an advisor to the committee drafting the marriage equality bill, I provide expert opinions from the perspective of human rights law and international standards. For instance, I make sure the bill aligns with the International Covenant on Civil and Political Rights, among other international conventions and treaties, and incorporates good practices and advanced protections found in the laws of countries with marriage equality.

  What are the prospects of the same-sex marriage bill being passed?

  The bill will likely be passed, although it will take some time. The legislative process in Thailand involves three readings in the House of Representatives, the elected 500-member lower house of the National Assembly, followed by three readings in the Senate, the appointed upper house. Proposed legislation then undergoes scrutiny by the Constitutional Court and is ultimately signed into law by the king, then published in the Royal Gazette.

  The marriage equality bill is currently in its initial stage in the lower house. It successfully passed its first reading in December 2023 and is now undergoing its second reading. All four bills are now being examined and consolidated into a single version. The second reading is expected to finish by early March, after which the final bill will proceed to the third reading in the lower house before advancing to the Senate.

  The bill’s adoption seems highly likely because civil society’s decade-long public campaigning has succeeded in getting marriage equality included on Thailand’s main political agenda. Despite some challenges, prospects for adoption have gradually and steadily increased. The prime minister and cabinet have expressed their support and opposition to the bill has decreased. I believe it is just a matter of time until the bill becomes law and comes into force.

  What impact would the passage of this law have for LGBTQI+ struggles?

  Marriage equality is a lot more than a mere administrative process of signing papers. It’s about securing the rights of LGBTQI+ couples to adopt children together and be recognised as legal parents. It’s also a matter of life and death if an LGBTQI+ person is in an accident and their partner must give permission for them to undergo surgery or other medical procedures. Ultimately, the fight for marriage equality is about enabling LGBTQI+ people to live normal lives and form families. This is the true meaning of marriage equality that we are fighting for and the message we strive to convey to society.

  The legalisation of LGBTQI+ marriage would further raise awareness about LGBTQI+ issues in society, setting a solid stage for advancing other LGBTQI+ rights. It would be a firm first step towards full legal recognition of the rights of LGBTQI+ people, including parenting and inheritance rights, as well as equal social rights and other benefits currently enjoyed only by heterosexual couples. Moreover, a gender recognition bill is in line for parliamentary consideration.

  I also hope that the achievement of marriage equality in Thailand will inspire change in other Asian countries. We learned a lot from the experience of Taiwanese LGBTQI+ activists, who were the first to achieve legalisation of same-sex marriage in Asia, and I hope others will be able to learn from us too.

  Do you expect conservative backlash to happen?

  During the previous government led by the military junta, the regime attempted to project an image of Thailand as open to LGBTQI+ people, but reality told otherwise, as it disregarded LGBTQI+ rights and treated LGBTQI+ people as a deviant group with special needs. A 2021 constitutional court ruling even referred to LGBTQI+ people as a ‘special species’ that needs to be singled out and studied. This reflected the state’s views of LGBTQI+ people. Similar attitudes are occasionally present among the public, particularly among older generations, who still need to understand and get used to society becoming more inclusive and open.

  Islamic parties are likely to pose the biggest threat of conservative backlash. They have so far either abstained or voted against the marriage equality bill in parliament, but their current representation is low. However, in southern Thailand, where Islamic beliefs have significant political and cultural influence, there is potential for unequal implementation of the bill once it is passed.

  On a positive note, public attitudes toward LGBTQI+ people have improved over the past few years and discussions about LGBTQI+ rights, gender equality and social inclusion have become common on social media platforms. This positive shift can be attributed to the continuous efforts of LGBTQI+ activists in running public awareness campaigns.

  What international support do you need to further advance LGBTQI+ rights in Thailand?

  Based on my experience of organising protests on the ground, access to resources is key to advancing our cause, since these are scarce at the grassroots level of LGBTQI+ activism. Local activists, often students and young people who are not affiliated with renowned human rights organisations, play a crucial role as change-makers. However, limited funds hinder many young activists from becoming full-time human rights defenders, threatening the sustainability of the LGBTQI+ movement. I believe that for the movement to move forward sustainably, it is crucial to establish connections with international donors and explore ways to form a coalition of Thai LGBTQI+ activists to amplify our voices on the international stage.

  We are all passionate about claiming our rights, but passion alone is not enough. LGBTQI+ activism needs resources and support to continue to mobilise and sustain the movement.

  ---

  Civic space in Thailand is rated ‘repressed’ by theCIVICUS Monitor.

  Get in touch with Fortify Rights through itswebsite orFacebook page, and follow@FortifyRights and@mdpyy on Twitter.

• THAILAND: ‘Part of our success in claiming LGBTQI+ rights came from intersecting with the democracy movement’

  CIVICUS discusses Thailand’s legalisation of same-sex marriage with Matcha Phornin, founder of Sangsan Anakot, an ethnic minority and Indigenous LGBTQI+ feminist organisation working to empower Indigenous women, girls and young LGBTQI+ people.

  Thailand has just become Southeast Asia’s first country, and only the third in Asia, to legalise same-sex marriage. Passed by the Senate with 130 votes for and only four against, the bill now just needs formal royal assent to become law, which is expected within 120 days. The new law grants LGBTQI+ couples the same legal rights as heterosexual couples, including inheritance, adoption and healthcare rights. This milestone comes after over two decades of activism and is expected to enhance Thailand’s reputation as an inclusive destination for LGBTQI+ people and inspire wider regional acceptance of their rights.

  What were the key factors leading to the legalisation of same-sex marriage?

  Our success was due to a combination of factors: intersectional collaboration, international advocacy, education reform, political representation and media engagement. It can be traced back 20 years ago, when despite a lack of any political support, Thai LGBTQI+ people began to advocate for changes to restrictive laws that denied them the right to form families. We got inspiration from progress elsewhere, including in the USA in 2015 and Taiwan in 2019.

  We’ve had a long journey, including periods of democratic regression and military rule. A significant part of our success came from intersecting with other movements, particularly democracy movements. When democracy is compromised, it becomes difficult to advocate for LGBTQI+ rights. That’s why many LGBTQI+ activists are also pro-democracy activists, which makes our movement more united and therefore stronger.

  Links with the broader gender justice movement have also been crucial. Many young LGBTQI+ activists identify as feminists. To address the toxic masculinity and homophobia that are so common in activist circles, we work to create a safer and more inclusive movement.

  We advocate for broader rights beyond marriage equality. We seek gender recognition, the decriminalisation of sex work and land rights for Indigenous peoples. The use of international human rights mechanisms, such as the United Nations Human Rights Council Universal Periodic Review process, has been instrumental in holding our government to account and pushing for legislative change.

  A key component of our advocacy has been the concept of the rainbow family. In 2017, we hosted the Asia Pacific Rainbow Family Conference in Hong Kong, bringing together families from across the region to share experiences and support each other. This helped build a strong, supportive network to advocate for marriage equality and other rights.

  We’ve also worked with educational institutions to protect young LGBTQI+ people from bullying and discrimination. Ten years ago, there was no protection for LGBTQI+ students in the Thai education system. Since then, we have worked with organisations such as UNESCO to make schools safer and more inclusive.

  Many of our activists have also entered politics, increasing our visibility and influence. For example, there’s a transgender member of parliament who tirelessly promotes LGBTQI+ rights.

  The media has also played an important role. Over the past decade, we’ve worked to shift media narratives from stigmatisation to positive portrayals of LGBTQI+ people and families. This has helped change public perceptions and build wider support for our movement.

  What challenges have you faced?

  We’ve faced individual and collective challenges. Many activists have made significant personal sacrifices, including imprisonment and loss of life. LGBTQI+ organisations have limited resources, particularly as the LGBTQI+ community is marginalised. The fact that many activists work full-time without pay makes it difficult to sustain the movement. Lack of resources has often led to internal conflict – but it’s also fuelled creativity and resilience, as we’ve compensated for limited resources by using humour and other innovative means to gain visibility and support.

  Another key challenge has been political instability. The disruption of democratic processes by coups has hindered progress on LGBTQI+ rights. However, the democracy movement, which includes many young LGBTQI+ activists, has been instrumental in pushing for legislative change.

  Patriarchal, hierarchical and ethnocentric societal norms have been a major challenge. For example, when six years ago, my wife, daughter and I built our house using traditional methods with the help of friends from various countries, we faced hostility from homophobic people who tried to burn our house down. We reported it to the police but there was minimal intervention.

  There is an entrenched gender binary system that only recognises men and women, ignoring those who don’t fit either category. This is the case even in social movements, many of which are led by men who don’t acknowledge their privilege and can be sexist or homophobic, excluding women and LGBTQI+ people. We need to deconstruct these hierarchies by ensuring equal access to spaces and decision-making power for young people, women and LGBTQI+ people. This effort must extend beyond our movement to society as a whole, linking to democratic processes and parliamentary representation. Currently, women and LGBTQI+ people make up under 20 per cent of members of parliament, making it challenging to pass inclusive legislation.

  Feminism plays a crucial role in addressing these issues, both theoretically and practically. Our movement needs an intersectional approach and a strong feminist presence to move forward.

  Do you foresee any challenges in implementing the new law?

  This law will have a significant impact on the daily lives of LGBTQI+ people, as it will give them greater protection and recognition in society. It will set a precedent for future generations and other countries to follow. In the region, it will likely inspire countries such as the Philippines, Singapore and Vietnam to achieve marriage equality.

  But implementation won’t be without obstacles. It will be crucial to ensure government officials and judges are trained and understand the importance of this law so they apply it inclusively. The law will also need to be understood by those in the education and health systems and in society as a whole, and comprehensive manuals and training programmes will be needed. There may be resistance in religious areas, particularly among Muslim communities. Proactive measures will be needed to ensure compliance and prevent discrimination.

  What’s next on the LGBTQI+ advocacy agenda?

  LGBTQI+ people continue to face several challenges, including the lack of resources to mobilise a strong movement, the lack of recognition for transgender and non-binary people and a very limited understanding of intersectionality.

  Transgender and non-binary people often have to use names and pronouns that don’t align with their gender identities. That’s why we push for the passage of a law supporting gender self-determination.

  The education system also often violates the rights of children who don’t conform to traditional gender norms. LGBTQI+ and gender non-conforming children need protection in schools so they aren’t bullied for their sexual orientation or gender identity.

  In addition, the LGBTQI+ community is not homogeneous: many LGBTQI+ people face overlapping discrimination due to their intersectional identities. Such is the case for Muslim LGBTQI+ people, LGBTQI+ people with disabilities and LGBTQI+ people from Indigenous communities. We must defend not only LGBTQI+ rights but also the rights of other excluded groups, including those disproportionately affected by climate change and environmental crises.

  The advocacy agenda should aim for a holistic approach that includes several key elements: strengthening marriage equality laws to ensure they are inclusive, widely understood and properly implemented, promoting gender recognition laws, reforming education and addressing the needs of LGBTQI+ people with intersecting identities.

  Civic space in Thailand is rated ‘repressed’ by theCIVICUS Monitor.

  Get in touch with Sangsan Anakot through itsFacebook page and follow@SangsanAnakot and@Matcha_Phornin on Twitter.

• UNITED NATIONS: ‘The power of anti-rights groups is growing; difficult times lie ahead’

  CIVICUS speaks with Tamara Adrián, founder and director of DIVERLEX-Diversity and Equality Through Law, about the successful civil society campaign for the renewal of the mandate of the United Nations’ (UN) Independent Expert on sexual orientation and gender identity.

  Tamara Adrián is a lawyer and university professor, and the first trans woman to be elected to a national parliament in Latin America.

  DIVERLEX is a Venezuelan civil society organisation dedicated to research, training, advocacy and strategic litigation on issues of sexual diversity. Due to the complex humanitarian crisis affecting Venezuela, most of its leaders are currently based outside Venezuela, where they continue to work to improve the living conditions of LGBTQI+ people in exile.

  

  Why is the mandate of the UN Independent Expert on sexual orientation and gender identity so important?

  This is an extremely important figure. The weapon of choice of all bigots is to make certain groups and the violation of their rights invisible. This has been a constant in relation to women, Indigenous peoples, racial minorities and religious minorities. As long as the intolerant can say a problem does not exist, their power system remains active and nothing changes. In the universal human rights system, what bigots want to keep invisible is made visible through the work of independent experts and rapporteurs.

  The first Independent Expert, Vitit Muntarbhorn, was in office for a couple of years and produced a report on violence based on sexual orientation or gender identity, which he shared with the office of the UN High Commissioner for Human Rights. He kicked off the process of shedding light on the injustices, inequities and violence against LGBTQI+ people globally.

  The three reports submitted by the current Independent Expert, Víctor Madrigal-Borloz, pointed at many countries that are failing in their duty to protect all their citizens. The Office of the High Commissioner for Human Rights highlighted that states have a positive obligation to ensure equal rights to all people.

  We understand there is still a long way to go and that reports – those by the Independent Expert, the High Commissioner and regional bodies such as the Organization of American States – are important to this process.

  So important are they that this work triggered strong backlash from fundamentalist groups that reorganised in the form of ‘non-governmental organisations’. These sought to obtain consultative status with the UN Economic and Social Council in order to interfere in their processes.

  How do these groups operate within the UN?

  Anti-rights groups have been changing their strategy. Rather than identify as religious organisations, they have sought to present themselves as defenders of religious freedom and, above all, of the freedom of expression. They have promoted strategies of religious unity, bringing together Catholic fundamentalists and representatives of the Holy See with neo-evangelical fundamentalists and the most regressive Muslim groups.

  They have also refined their arguments. First, they argue that the concept of sexual orientation and gender identity is a western concept and not a universal one, and therefore should not be protected by the UN. Second, they claim that no existing treaty or international instrument provides protection against discrimination on the basis of sexual orientation or gender identity. Third, they say that countries with traditional values should be able to maintain discriminatory laws or criminalise same-sex relationships or diverse gender identities.

  These three claims were implicit in the arguments of the countries that opposed the renewal of the Independent Expert's mandate and proposed amendments, alongside a fourth: that no country should protect criminals, and the determination of what is a criminal act is subject to the criminal law of each country and is not subject to verification before the international human rights system.

  Historically, this issue has been resolved on the basis of the recognition that everyone has a right to their own beliefs, but no one can impose their beliefs or deny others their rights on the basis of their faith. Fundamentalists want this situation reversed so that believers can discriminate against and deny rights to other people

  Have anti-rights groups grown in power in recent years?

  The power of anti-rights groups is growing, which is possibly linked to the regression that is taking place in the USA. Indeed, in the vote to renew the mandate we saw two groups of states putting up resistance: countries that have never made progress in recognising rights and where there is a lot of resistance to change, and countries that are moving backwards, such as the USA.

  In the USA, links connecting white supremacism, neo-Pentecostal groups and the more radical segments of the Republican Party have been growing closer for at least a decade. Anti-rights groups have been taking up space in the courts, from the lowest levels to the Supreme Court, as well as in governorships and state legislatures, resulting in more and more anti-trans, anti-sex education and pro-religious freedom rulings, laws and policies. They have been outspoken in their plans to reverse abortion rights, reject the concept of gender and repeal sexual and reproductive education and contraceptive rights, and even women’s rights, equal marriage and protections against racial discrimination.

  The USA has also played a key role in the international funding of the anti-rights movement and the development of neo-Pentecostal churches around the world, particularly in Africa and Latin America. It has also influenced the establishment of a phenomenon that has not been given enough attention: the movement of biology-fixated feminists, who deny the concept of gender with the same arguments used by the most conservative churches.

  This unity of argumentation is highly suspicious, and all the more so when one looks at the funding streams coming from the USA feeding biology-focused feminist groups in places including Brazil, Central America, the Dominican Republic, Spain and the UK. The target of these groups is not LGBTQI+ people generally, but trans people specifically. By upholding the biological and natural character of differences they seek to destroy the whole structure of gender-based protections.

  I honestly think this is a very well-thought-out plan. I understand that they have mimicked the strategy we initially adopted to give visibility to our struggles. However, they have the advantage of being in power. The number of states that have signed a ‘pro-life’ resolution at the UN and declared themselves ‘pro-life’ states shows that their aim is not just to oppose just LGBTQI+ rights but all rights based on the concept of gender.

  How was the campaign for the renewal of the Independent Expert’s mandate organised?

  The organisations that lobbied for the renewal of the mandate have worked together ever since the campaign for the appointment of the first Independent Expert. Every time, the process starts long before the appointment. In this case, we started working about three years ago: practically the year after the mandate was renewed we were already working to create the core group to work for a new renewal.

  With Latin American organisations, a recurrent limitation is lack of knowledge of the English language, which restricts the ability of activists to internationalise their struggles. To overcome this problem, our core group is made up of both Spanish-speaking and English-speaking activists. This was very important because the coalition was mainly made up of Latin American groups.

  It was a very difficult process, and while the vote eventually turned out to be favourable, over several months the outcomes of the sessions did not make us feel confident. We saw growing resistance from countries with fundamentalist positions that were increasingly embracing the idea of rolling back rights.

  What are the next steps following the mandate’s renewal?

  I believe we should not relax. Difficult times lie ahead. Many rights we thought had already been secured are likely to be reversed in the USA, including those linked to racial equality. It is no longer even a question of returning to a 20th century vision, but to a 16th or 17th century one.

  This will have a strong impact at the global level, especially in countries with less developed institutions. Countries with stronger institutions will probably be better able to resist the onslaught to roll back sexual and reproductive rights. 

  As next steps, I would emphasise organising. In many places people tell me, ‘don’t worry, that would never happen here’, but I insist we cannot relax. We must focus on forming coalitions and organising stronger alliances to stop advances by neoconservative groups and challenge them to gain back the spaces of power they have occupied.

  Get in touch with Tamara Adrián through herwebsite or herFacebook page, and follow@TamaraAdrian on Twitter.