Uganda’s state-funded human rights body has broken its silence on the queer community’s rights by advocating for their protection amid the enacted Anti-Homosexuality Act that is currently under appeal at the Supreme Court.

The Uganda Human Rights Commission on Sept. 26 while defending LGBTQ rights asked President Yoweri Museveni’s government to decriminalize homosexuality and other “victimless crimes.” 

“Criminalizing such acts often results in unjust and disproportionate punishment, especially for vulnerable groups in our society,” Mariam Wangadya, who chairs the commission, said. 

Wangadya, a lawyer and human rights advocate, spoke for the first time about the commission’s position on queer rights in Uganda since President Yoweri Museveni in May 2023 signed the Anti-Homosexuality Act.

She spoke during the annual stakeholders meeting for ACTV-Uganda, a rights organization that advocates against torture, gender-based violence, and other forms of violence, and has provided care to victims and survivors for 30 years with the commission’s support. 

Wangadya acknowledged ACTV-Uganda’s important role in providing the commission with medical reports for torture cases to assist it in determining compensation for survivors of torture to rebuild their lives.    

“Of the 939 cases currently pending a hearing before our tribunal, 50 percent of those are allegations of violation of the right to freedom from torture, inhuman and degrading treatment,” she noted.  

Her sentiments on the commission’s stand on LGBTQ rights also come barely two weeks after holding talks with two rights groups: The Human Rights Awareness and Promotion Forum (HRAPF) and Support Initiative for People with Congenital Disorders (SIPD), an intersex lobby group, on Sept. 14.

The meeting between the commission, HRAPF, and SIPD, which also documents and publishes reports on queer rights abuses in Uganda, explored human rights violations based on sexual orientation, gender identity and expression, and sex characteristics.     

“We must ensure that every person in Uganda enjoys their human rights without discrimination,” Wangadya said. 

The commission also noted that engaging the intersex lobby group was vital to address their “often-overlooked issues and rights.” 

The Ugandan government has yet to recognize intersex people as a protected minority group, unlike in Kenya. This year’s national Census did not count them.

HRAPF Executive Director Adrian Jjuuko applauded the meeting with Wangadya as a “progressive step” in defending the rights of the queer community and intersex people.

“We commend the commission on creating a space for dialogue on issues of criminalized minorities in Uganda,” Jjuuko said. 

Wangadya held the first meeting with Jjuuko on Sept. 9. It focused on HRAPF’s periodical reports on violations against sexual minorities in Uganda.

Wangadya and Jjuuko during the meeting both agreed that all people deserve protection under the law and the commission has to protect everyone, regardless of their sexual orientation and gender identity.   

“You need to talk to the Judiciary, the police, and the director of Public Prosecutions. These are our major disturbing areas,” Jjuuko said, accusing the three government agencies of undermining intersex and LGBTQ rights in the country.

Wangadya acknowledged the contribution of the three judicial agencies in protecting and upholding human rights, but noted that there is a need for working with Kenya, South Africa, and other countries to understand how they navigate LGBTQ and intersex legal issues.

“Kenya will be much better for benchmarking considering that in South Africa the constitution provides for that (queer rights.) Benchmarking from a country like Kenya with similar laws may be more helpful,” she said.    

The Wangadya also committed to tapping into HRAPF’s human rights strategies and experiences to improve the commission’s mechanisms. 

HRAPF promotes respect for the rights of marginalized and minority groups in Uganda through advocacy, offering legal aid, and providing capacity building. Its latest August report on monthly advocacy, violence and other human rights abuses based on sexual orientation or gender identity since the Anti-Homosexuality Act took effect shows anti-LGBTQ violence remains rampant, while evictions and arrests continue to drop.

The report states that a total of 56 human rights violations were recorded in August, versus 72 cases in July. 

Of the 56 cases, 20 cases (35.7 percent) were based on sexual orientation or gender identity, versus 34 cases (41.2 percent) in July. The number of also reported victims also dropped from 40 people in July to 24 people in August. The 20 cases targeting LGBTQ people involved violence and threats (10), eviction from housing (nine), and one arrest.

Uganda’s Women Human Rights Defenders Network welcomed the commission’s inaugural meetings with HRAPF and SIPD, and asked the state-funded rights body to continue holding regular dialogues to help “create an enabling environment for SOGIESC (sexual orientation and gender identity and expression.)” 

Wangadya’s comments coincided with a protest outside Uganda’s Permanent Mission to the U.N. in New York that a group of activists organized. 

The World Bank Group in August 2023 suspended new lending to Uganda in response to the Anti-Homosexuality Act. The activists who organized the protest demanded the World Bank not resume loans to the country.

The Anglican Church of Southern Africa has rejected a proposal that would have allowed bishops to bless couples in same-sex unions.

Archbishop Thabo Makgoba in April urged the Provincial Synod, the ACSA’s highest decision council, to consider offering blessings for couples in same-sex relationships.

The Church of England, which is the ACSA’s parent church, on Dec. 17, 2023, announced it would allow bishops to bless couples in same-sex unions. Since the resolution, however, several churches under the Church of England have not implemented it.

In response to proposals to the Synod from the Right Rev. Raphael Hess, bishop of Saldanha Bay in South Africa, who is the first within the ACSA to approve blessings for couples in same-sex unions after the Church of England’s resolution, and the Right Rev. Stephen Diseko, dean of the province and bishop of Matlosane, which is also in South Africa, the Provincial Synod in a Sept. 25 press release said marriage is between one man and one woman for life.

Makgoba before the Synod said the church needed a deeper understanding on the prospects of the LGBTQ community within the ACSA.

“Since Provincial Synod 1989, we have been trying to reconcile our understanding of the nature of God with how we minister to LGBTQI+ members in our pews,” he said. “Have we listened to and adequately sought reconciliation with one another on providing appropriate pastoral care to loving faithful couples in same-sex civil unions? What is this Provincial Synod, 35 years later, going to resolve beyond flowery words?”

“In my past 16 years, I have relied for guidance on such matters on, in no particular order, theological advisers, the Canon Law Council, the Southern African Anglican Theological Commission, Safe and Inclusive Church, the Anglican Board of Education, the Synod of Bishops, Scripture of courses, and on the lived experiences of our parishioners in such unions and relationships,” added Makgoba.

Inclusive and Affirming Ministries, a South African LGBTQ rights group, said it was deeply disappointed over the Provincial Synod’s decision.

“This decision, along with the rejection of a set of prayers drawn up by bishops for providing pastoral ministry to members in civil unions, feels like a missed opportunity to move toward a more inclusive and compassionate expression of faith,” said the organization.

Inclusive and Affirming Ministries also said the decision to withhold blessings and deny prayers of pastoral care to those in civil unions will further marginalize LGBTQ people.

“Through our work, we also know that religious-instigated forms of hostility meted out against LGBTIQ+ people have been the root cause of the perpetuation of violence, hate speech, and hate crimes,” said the group. “The Synod’s choice to move away from this compassionate path suggests that much work remains to be done in the journey toward full inclusion.”

Inclusive and Affirming Ministries nevertheless commended Hess and Diseko for bringing their proposal to the Synod.

“The theological insights offered by Bishop Hess and Bishop Diseko during the debates were grounded in love, respect for conscience, and the universal recognition of human dignity,” said the group. “We remain hopeful and committed to fostering spaces where LGBTIQ+ individuals feel affirmed, supported, and welcomed in their faith communities. We will continue to advocate for pastoral care and recognition of the diversity of sexual orientation within the church and other faith communities.”

Four countries — Eswatini, Lesotho, Namibia, and South Africa — and St. Helena, a British overseas territory, comprise ACSA with more than three million parishioners.

South Africa and St. Helena are the only jurisdictions within the ACSA that fully recognize the rights of LGBTQ people.

The Namibian Supreme Court in 2023 ruled the country must recognize same-sex marriages legally performed elsewhere. The country’s government in July appealed a ruling that overturned an apartheid-era sodomy law.

A group of activists who organized a protest outside Uganda’s Permanent Mission to the U.N. in New York on Thursday demanded the World Bank Group not resume loans to the country.

The World Bank in August 2023 suspended new lending to Uganda in response to the country’s Anti-Homosexuality Act that President Yoweri Museveni signed.

“The law needs to be struck down and repealed. Hard stop,” acting U.S. World Bank Executive Director L. Felice Gorordo told the Washington Blade during a March 27, 2024, interview at his office in Washington. “We continue to advocate for that.”

Thursday’s protest coincided with the U.N. General Assembly that began earlier in the week in New York.

A press release the activists issued before the protest notes the World Bank “recently started testing a package of ‘mitigation measures’ to determine if discrimination is taking place.” The Council for Global Equality, the Human Rights Campaign, Immigration Equality, Outright International, Sexual Minorities Uganda, and Health GAP are among the more than 100 LGBTQ rights organizations from around the world that urged World Bank President Ajay Banga in a Sept. 16 letter not to restart lending to Uganda.

“We are writing to you from Uganda and around the world now because we are alarmed by the World Bank’s plan for mitigation measures in Uganda,” reads the letter. “The World Bank has announced that it will be testing the effectiveness of ‘mitigation measures’ from July-September 2024 and that the World Bank will restart lending if they decide the measures are effective in protecting LGBTQ+ people from discrimination.”

Richard Lusimbo, director general of the Uganda Key Population Consortium, in the press release said the World Bank’s “so-called ‘mitigation measures’ are a façade, designed to provide the illusion of protection.”

“They rely on perpetrators of discrimination — the government of Uganda — to implement the measures fairly,” he said. “How can they be taken seriously?” 

A World Bank spokesperson on Friday responded to the Washington Blade’s request for comment about the protest.

“The World Bank cannot deliver on its mission to end poverty and boost shared prosperity on a livable planet unless all people can participate in, and benefit from, the projects we finance,” said the spokesperson.

The spokesperson referred the Blade to an Aug. 8, 2023, statement that announced the suspension of new loans to Uganda. 

“Immediately after the law was enacted, the World Bank deployed a team to Uganda to review our portfolio in the context of the new legislation,” reads the statement. “That review determined additional measures are necessary to ensure projects are implemented in alignment with our environmental and social standards. Our goal is to protect sexual and gender minorities from discrimination and exclusion in the projects we finance. These measures are currently under discussion with the authorities.”  

“We will not propose any new public financing for Uganda to our board until we are satisfied that additional mitigation measures are in place,” the spokesperson told the Blade on Friday. “These mitigation measures have been designed to ensure beneficiaries of bank-financed projects are not discriminated against and receive equal access to services.”  

One such mitigation measure is “stakeholder engagement” that, among other things, seeks to strengthen “consultations to detect instances of exclusion or discrimination (do-no harm safety.)” Another specifically highlights “labor and working conditions” and focuses on the need for “training on inclusion and non-discrimination for borrowers (e.g., contractors and sub-contractors) and mobilization of communities” and including “provisions of non-discrimination in contracts.”

The World Bank has said the Ugandan government has agreed to the mitigation measures.

Clare Byarugaba of Chapter 4 Uganda said there “can be no business as usual between the World Bank and the government of Uganda while this law remains in force.” 

“We are gravely concerned that President Banga is turning his back on us, and breaking his commitments to ensuring non-discrimination,” she said.

Outright International on Thursday unveiled a report that documented LGBTQ resistance to Myanmar’s coup.

The report — LGBTQ Anti-Coup Resistance in Myanmar” — sheds light on the resistance of the LGBTQ community in Myanmar against the backdrop of military oppression. It documents the alarming effects of violence and impunity the junta perpetrates against LGBTQ people, revealing the harsh realities they face daily.

The report also illustrates how the 2021 coup has abruptly stifled the progress for which LGBTQ human rights activists had been striving, derailing their efforts toward achieving legal reform and fostering social acceptance. The findings underscore the resilience and determination of the LGBTQ community; even in the face of grave adversity, highlighting their unwavering fight for dignity, and rights amid turmoil.

Outright International Asia Regional Coordinator Grace Poore presented the report.

Poore as she took the stage expressed gratitude to all the human rights defenders and members of the LGBTQ community who contributed to the report.

She painted a vivid picture of what it means to be LGBTQ in a time of political turmoil and military dictatorship. Poore emphasized the unique challenges that LGBTQ people in Myanmar face — a context where they are already vulnerable to police bigotry and discrimination. She highlighted the oppressive environment that criminalization laws create, illustrating the profound impact of these societal and legal barriers on the lives of LGBTQ people.

Poore during her presentation emphasized its critical findings, noting the alarming use of sexual and gender-based violence against LGBTQ people in Myanmar. She stressed how these acts of violence are not merely statistics but represent the harsh realities that countless individuals struggling for their rights and dignity face. Poore also called on the international community to take decisive action, stressing the report offers vital recommendations aimed at restoring democracy in Myanmar and safeguarding the rights of all its citizens, including LGBTQ people.

Poore said Outright International interviewed 14 LGBTQ people from 2021-2024: Eight gay men, one bisexual man, two bisexual women, one lesbian, one transgender woman, and one trans man who identifies as a lesbian. She emphasized Outright International worked closely with LGBTQ organizations in Myanmar and along the country’s border with Thailand.

2021 coup toppled democratically-elected government

Myanmar’s military on Feb. 1, 2021, claimed, without any evidence, the results of the country’s election that took place in November 2020 were fraudulent. This unfounded assertion sparked a military coup d’état, leading to the arrest of political leaders who had won the election and the ouster of the democratically-elected government. 

The military almost immediately declared a national emergency, igniting widespread protests against the dictatorship. The demonstrators comprised a diverse coalition of university students, workers from unions, everyday citizens, and members of the LGBTQ community. They peacefully demanded the restoration of a civilian government, and evolved into a robust civil disobedience campaign that spread across the country.

Police and security forces used high-powered rifles, rubber bullets, and water cannons to suppress the growing protests. This crackdown resulted in numerous casualties and injuries — an 18-year-old gay man who was shot in the head died. A lesbian and a trans man were also killed during the protests.

Poore said the total number of LGBTQ deaths remains unknown, underscoring the devastating toll of violence on the community during this time of upheaval.

She noted exiled National League for Democracy leaders in April 2021 formed a shadow government, known as the National Unity Government. Poore emphasized years of LGBTQ advocacy played a crucial role in making the National Unity Government more inclusive and supportive of LGBTQ rights.

“There was no objection at all to my sexual orientation,” said Aung Myo Min, the first openly gay man named to a government post. The National Unity Government in April 2021 appointed him as Human Rights Minister. “It’s such a breakthrough. I do not need to hide or stay in the closet as a Cabinet minister. I feel very proud. This is new history for Myanmar.”

The report notes the National Unity Government in September 2021 declared war on the military junta.

The shadow government swiftly mobilized its supporters to join the People’s Defense Force, a move that marked a significant escalation in the resistance. Poore said this widespread mobilization of people transformed the nature of the anti-junta struggle, intensifying the fight against military oppression and reshaping the resistance movement across Myanmar.

The report notes volunteers who joined the People’s Defense Force underwent extensive training to take on various critical roles. They were trained not only for combat but also to conduct intelligence operations and ensure clandestine food and medical supplies. This covert network of support played a vital role in sustaining the resistance, allowing volunteers to effectively challenge the military junta while helping communities survive under harsh conditions.

“Before the coup, the LGBTQ human rights defenders were working to abolish or amend Section 377 of Myanmar Penal Code, a British colonial law that criminalized consensual same-sex intimacy,” noted Poore while presenting the report. “They were pushing for reform of the 1899 Rangoon Police Act that targets trans people and queer men for criminalization and gives police broad, arbitrary powers to enforce the law. Myanmar held public events for Yangon Pride, the International Day against Homophobia, Biphobia, and Transphobia from 2014 to 2020.”

Poore noted the National League for Democracy in its 2020 election platform pledged to eliminate discrimination against LGBTQ people. 

The report highlights people — including LGBTQ activists — in Myanmar faced severe charges for their involvement in the resistance. The junta accused them of sedition and acting against the state for participating in peaceful protests, attending protest-related meetings, providing shelter and hiding places for LGBTQ people, and sharing anti-coup information on social media. Any expression of criticism against the dictatorship was also met with harsh consequences, as the military junta targeted those who dared to speak out, further silencing dissent and endangering activists.

Outright International’s report notes the junta has weaponized laws, such as Section 505 of the penal code, and counter-terrorism laws to punish LGBTQ people and others. The report emphasizes these are antiquated laws the junta expanded and strengthened during the coup to wield greater power against those fighting for democracy. 

Many LGBTQ individuals in Myanmar after the coup stopped publicly identifying themselves as LGBTQ to protect themselves from military violence. 

The report noted an increase in sexual and physical violence, particularly against those who were visibly trans or gay, after the coup. The escalating brutality against them underscores the heightened risks faced by those who could not easily hide their identities, revealing a grim reality for Myanmar’s LGBTQ community during the military regime.

The report details the story of a trans woman, well known for her beauty parlor and her role in organizing anti-junta protests. 

Security forces detained her for three days. Officers whipped her with a belt, forcibly cut her hair, stripped her naked, and groped her breasts while she was in custody. They also used pliers to remove her long fingernails. 

“In general, the experiences of lesbian, bisexual, and queer women, as well as transgender men, had much lower visibility during the coup,” Poore said while presenting the report. 

She explained it was particularly challenging to find information about lesbian, bisexual, and queer women actively involved in the anti-coup resistance and to gather their testimonies about sexual and gender-based violence. 

The report also notes the coup forced many LGBTQ organizations in Myanmar to shut down, compelling them to relocate to Thailand to continue their work from exile. This displacement not only disrupted vital support networks but also underscored the harsh reality faced by activists who were now operating under constant threat. These organizations nevertheless remain committed to advocating for LGBTQ rights and to provide assistance to those who are still in Myanmar.

Outright International in its report called on the Myanmar military junta to immediately stop its attacks on civilians, particularly LGBTQ people who are on the frontlines of the resistance. 

The report urged companies to halt any trade or business engagements with the junta and its affiliates without delay. It also recommends economic sanctions on junta leaders and increasing support funding for Myanmar’s LGBTQ activists. The report further emphasizes the need for greater engagement with lesbian and queer women’s groups in Myanmar, as well as providing both emergency and long-term resources for LGBTQ people in the country. 

The report also highlights the importance of ensuring the effective implementation of reporting and redress mechanisms for LGBTQ people; lesbian, bisexual, and queer women, and other marginalized groups, aiming to protect their rights and dignity in the face of ongoing violence and oppression.

Human rights activist May Sabe Phyu during the webinar explained that Myanmar has a deeply patriarchal society that favors men over women.

Feminist organizations before the coup focused on shifting these entrenched gender norms. Their work involved unpacking and challenging gender stereotypes, aiming to create a more equal society where women, including lesbian, bisexual and queer women, could thrive without being limited by traditional expectations.

Aung Myo Min said the National Unity Government strives to be as inclusive as possible, even though it is in exile, and is making a conscious effort to represent and support the diverse communities of Myanmar, including the LGBTQ population.

“Myanmar has a very diverse ethnicity,” said Aung Myo Min. “You can see the composition of the NUG. We have members who are winners of the election, some are nominated from ethnic groups. I came from a civil society background. I was an openly gay man, one of the first openly gay men from the 1980 movement. So having me as Union Minister is such a progressive and inclusiveness of the LGBTQ people in the government. This is the result of decades longs struggle of LGBTQ people.”

Sai Kham La (a pseudonym), an LGBTQ activist working from exile in Thailand, emphasized the importance of continuing the fight for LGBTQ rights and broader human rights. 

Speaking from his experience in exile, he highlighted that despite the challenges, it remains crucial to persist in advocating for the LGBTQ community and ensuring their rights are upheld, even in the face of oppression and displacement.

“We have seen the impact of our work from those days,” said Sai Kham La. “The harder the oppression is, the greater the unity becomes. We were never this much united before.”

Senior Director of Law and Policy at Outright International Senior Director of Law and Policy Neela Ghoshal at the end of the webinar emphasized the severity of the situation for LGBTQ people under the junta. 

“The harm LGBTQ people are facing under the junta is grave and pervasive,” she said.

Ankush Kumar is a reporter who has covered many stories for Washington and Los Angeles Blades from Iran, India, and Singapore. He recently reported for the Daily Beast. He can be reached at [email protected]. He is on Twitter at @mohitkopinion. 

In the vast expanse of India, a land steeped in ancient wisdom and culture, where the echoes of tradition sing of respect for all beings, there exists a paradox. Transgender people, known as hijras, for millennia have been woven into the fabric of society, acknowledged, even revered. Yet today, this same community stands on the precipice of suffering, their dignity bruised, their existence imperiled.

Despite the Supreme Court rulings and the Transgender Persons (Protection of Rights) Act of 2019, discrimination festers and crimes against trans people continue to rise unchecked. 

The 2019 law, once a beacon of hope, now seems a faint whisper amid societal prejudice. India, for all its storied past, must reckon with the reality that its ancient recognition means little if the present offers only misery.

The figures, as the National Crime Record Bureau presents, suggest a seemingly low rate of crime against trans people. At a glance, one might draw comfort from these numbers, imagining progress in a society long burdened by prejudice. But beneath this veneer lies a graver truth: Activists, ever watchful and weary, suspect gross underreporting. The numbers, it seems, tell only half the story.

In the sprawling ledger of tragedy that is the Crimes in India: 2022 report, the NCRB lists 29,356 souls lost to murder, and only nine of these were trans people. A mere number on a page, some might say. But this figure, far from reassuring, is chilling in its implication. 

Among the grim tally of 110,140 cases of adult kidnapping and abduction, only one trans victim emerges from the records — a stark and haunting singularity. The NCRB reports no instances of rape, sexual assault, or mob lynching involving trans people. This absence is, however, not a triumph, but a troubling silence. It raises the question: Do these crimes not occur, or do they vanish from the pages of the records? The silence of statistics can be as deafening as the violence they fail to capture.

Another NCRB report lists only 236 trans people as victims of rape — an astonishingly low figure in a landscape where so much remains hidden. The report does not include any cases of rape, nor the heinous crimes of buying or selling minors for prostitution, in which trans people were victims. The true scale of suffering, it seems, remains buried beneath a system that fails to recognize or record their plight fully.

Parliament passed trans rights law in 2019

Parliament on Nov. 26, 2019, took what seemed a bold step towards justice when it passed the Transgender Persons (Protection of Rights) Bill. 

The law, as written, promised protection and welfare for India’s trans community, declaring that crimes against them that range from forced labor, to denial of access to public spaces, and even removal from households and villages, would not be tolerated. The law also acknowledged physical, sexual, verbal, emotional, or economic abuse as offenses.

Penalties for these offenses — forced labor, denial of rights, or various forms of abuse — under the law are modest at best, ranging from six months to two years’ imprisonment, along with a fine. 

India in recent years has seen a disturbing rise in cases of mob lynching against trans persons. One such tragic incident occurred on Feb. 13, 2024. Raju, a 50-year-old trans person from Telangana state’s Nizamabad district, fell victim to brutal mob violence after a false rumor of child kidnapping swept through their village — a village they had called home.

Raju, a cattle herder and beggar, was simply trying to make ends meet when the mob, blinded by fear and ignorance, turned on them.

Authorities would later clear Raju’s name, confirming they had no involvement in any such crimes. But the truth came too late. Raju had succumbed to their injuries by the time they reached the local hospital, a life senselessly lost to hysteria and hatred.

A similar tragedy unfolded in Hyderabad in 2018. 

Rumors of child kidnapping and burglary sparked fear and suspicion, culminating in a brutal attack on a group of trans people. One was killed, and another severely injured as the mob, driven by unfounded accusations, unleashed their violence. 

A group of Kanwariyas, devotees of Lord Shiva on a sacred pilgrimage, on July 29 brutally beat a trans woman in Uttar Pradesh state and ripped her clothes off after they wrongly suspected her of theft. The woman’s fate seemed sealed as the mob grew angrier, but authorities intervened in time. They rescued her and brought her to a police station. Authorities confirmed what the frenzy of the mob had failed to see: She was not a thief, merely another victim of suspicion and violence.

A group of trans women on Aug. 16 set out for RG Kar Medical College to join a protest against the West Bengal government, outraged by the gang rape of a trainee doctor at the hospital. Their journey, however, took a dark turn at the Rabindra Sadan metro station. 

One of the trans women alleged a Railway Protection Force officer, under the pretense of “checking” her gender, groped her. The group later filed a case against him, exposing yet another instance of indignity faced by trans people in public spaces where even their very identity is subject to humiliating scrutiny.

Report: 92 percent of trans people have faced physical or verbal abuse

Souvik Saha, founder of Jamshedpur Queer Circle, an LGBTQ organization working on a grassroots level to bridge the gap by conducting sensitization workshops with law enforcement agencies and local communities to foster greater understanding and inclusivity, highlighted to the Washington Blade the severe challenges that trans people in Jharkhand state and across India face.

He noted trans people often encounter hostility, harassment, and dismissive attitudes from the police when they try to file First Information Reports. Shah said the crux of the problem lays in the lack of sensitization and awareness within the police force regarding trans identities. This systemic issue not only discourages the community from seeking justice but also perpetuates the cycle of abuse and marginalization they endure.

“As the founder of Jamshedpur Queer Circle, we have witnessed firsthand the systemic discrimination faced by transgender individuals, particularly when they attempt to interact with law enforcement,” said Saha. 

“A report by the National Human Rights Commission (NHRC) in 2018 highlights that 92 percent of transgender individuals have faced physical or verbal abuse, often by law enforcement officials themselves,” he added. “Many police stations lack gender sensitization programs that could foster respect and professionalism when interacting with LGBTQ individuals. As a result, transgender individuals are deterred from seeking justice, and crimes against them often go unreported or uninvestigated.”

Saha highlighted a particularly troubling case involving a trans woman in Jharkhand who officers relentlessly mocked when she attempted to file a domestic violence complaint at a local police station. Saha said her ordeal is a glaring example of how law enforcement practices not only fail to protect trans people but actively alienate and further victimize them. 

Saha remarked that NCRB data showing 236 trans victims without any registered cases is both alarming and unsurprising. He emphasized this statistic starkly reflects the deep-seated systemic issues that prevent trans individuals from accessing justice. 

Saha added the barriers to reporting crimes, combined with a lack of trust in law enforcement, create an environment where many victims remain unheard of and their cases unrecorded.

“While the Supreme Court’s NALSA judgment in 2014 and the subsequent Transgender Persons (Protection of Rights) Act, 2019, were landmark decisions for the transgender community, the reality on the ground tells a different story,” he said. “Despite these legal protections, violence against transgender individuals persists due to deeply ingrained social prejudices, lack of awareness, and failure in the implementation of these laws.”

Saha added one “of the biggest issues is the gap between policy and practice. Although the law mandates the protection of transgender individuals, societal attitudes are slow to change.”

He pointed to a 2018 International Commission of Jurists study that notes 73 percent of trans people said they have experienced violence from family members, while 47 percent faced physical assault from members of the public.  

“Even though the legal framework exists, enforcement agencies and local administrations often lack the willingness or training to implement it effectively,” said Saha.

He told the Blade that his organization has encountered numerous cases where authorities did not respond to trans people who faced mob violence or domestic abuse. Saha emphasized  societal stigma and deep-rooted biases, reinforced by inadequate law enforcement, contribute to ongoing violence and discrimination against the transgender community. 

“As a society, we need more awareness campaigns, stricter enforcement mechanisms, and a cultural shift to create an environment where transgender individuals feel safe and respected,” he said. 

Without these changes, he warned, the cycle of marginalization will persist.

Kalki Subramaniam, a trans activist, queer artist and actor who is a member of the National Transgender Council, during an interview with the Blade discussed the mistreatment of trans people in police stations across India.

She said law enforcement often do not treat trans people with dignity. 

“When a trans woman is raped, her FIR is almost never registered,” added Subramaniam. “That could be because the police are not sensitized enough about transgender people around the country.” 

“Across the country, the situation is the same,” she told the Blade. “Even though there are lots of changes legally, police personnel need to be sensitized on a wider network. A few states have done some work, but the majority of Indian states have not.”

Subramaniam in response to the reported number of trans rape victims expressed deep shock, emphasizing violence against the trans community is widespread across India. She pointed out the figures only represent documented cases, while hundreds of crimes — particularly violence and rape — remain unreported and undocumented. 

Subramaniam highlighted the persistent stereotyping of trans individuals, adding only extensive government-led sensitization programs can undo it.

“As a member of the National Transgender Council under the Ministry of Social Justice, I have already emphasized in meetings that all ministries and departments must be sensitized on transgender rights and issues,” said Subramaniam. “Once again, I will talk about the rape issue in the meeting in the ministry.”

Ankush Kumar is a reporter who has covered many stories for Washington and Los Angeles Blades from Iran, India, and Singapore. He recently reported for the Daily Beast. He can be reached at [email protected]. He is on Twitter at @mohitkopinion. 

First lady Jill Biden on Monday headlined an LGBTQ and intersex rights event that took place on the sidelines of the U.N. General Assembly.

“Our humanity — that simple fact — guarantees us certain rights,” said Biden in her speech at the U.N. LGBTI Core Group event. “It doesn’t matter who you are, where you were born, or who your parents are: Being human is enough.”

The European Union and more than three dozen countries are members of the Core Group, a group of U.N. member states that have pledged to support LGBTQ and intersex rights. 

The Netherlands and Argentina, which currently co-chair the Core Group, and Outright International, a global LGBTQ and intersex rights group, organized the event. Jessica Stern, the special U.S. envoy for the promotion of LGBTQ and intersex rights, introduced the first lady.

Biden in her remarks referenced O’Shae Sibley, a gay man who was stabbed to death in July 2023 while vogueing at a Brooklyn, N.Y., gas station.

She noted the Human Rights Campaign last year “declared a ‘state of emergency’ for LGBTQI people in America, because states across our country passed an unprecedented number of discriminatory laws.” Biden also said consensual same-sex sexual relations remain criminalized in more than 60 countries around the world.
 
“We’re not going to stand for hate, discrimination, and violence in our own country,” she said. “We won’t stand for it anywhere in the world.”

Biden noted “more countries” in recent years — Singapore, the Cook Islands, Antigua and Barbuda, and Barbados, among others — have decriminalized consensual same-sex sexual relations. Biden also highlighted other countries — Greece, Liechtenstein, Estonia, Cuba, and Chile, among others — in recent years have extended marriage rights to same-sex couples. 

“These are big victories — ones that bloom across history,” she said.

“But our triumphs live in the small moments too — moments that would have been unimaginable just a few decades ago: Walking down the street without fear. Co-workers who use your chosen name and pronouns. Kids with two moms or two dads at the playground. Coming together for LGBTQI rights during the United Nations General Assembly,” added Biden.

The promotion of LGBTQ and intersex rights abroad has been a cornerstone of the Biden-Harris administration’s overall foreign policy.

Then-Vice President Joe Biden in 2016 spoke at a Core Group event that took place on the sidelines of that year’s U.N. General Assembly. He described the LGBTQ and intersex rights movement as the “civil rights issue of our time.”

“Discrimination against anyone for their sexual orientation and gender is anathema to most basic values,” said Joe Biden.  

Other participants in Monday’s event include:

• Dutch Foreign Affairs Minister Caspar Veldkamp

• Ricardo Lagorio, Argentina’s permanent representative to the U.N.

• Graeme Reid, the independent U.N. expert on LGBTQ and intersex issues

• U.N. High Commissioner for Human Rights Volker Türk

• Former Finnish President Tarja Halonen

• Deputy Luxembourgish Prime Minister Xavier Bettel

• Chilean Social Development and Family Minister Javiera Toro Cáceres

• European Union External Action Service Secretary General Stefano Sannino

• Colombian Multilateral Affairs Vice Minister Kandya Obezo

• French LGBT+ Rights Ambassador-at-Large Jean-Marc Berthon

• Vanessa Dolce de Faria, the high representative for gender issues in the Brazilian Foreign Affairs Ministry

• Philippe Kridelka, Belgium’s permanent representative to the U.N.

• Vanessa Frazier, Malta’s permanent representative to the U.N.

• David Sigurdsson, director of U.N. Affairs in the Icelandic Foreign Affairs Ministry

• Outright International Executive Director Maria Sjödin

• Ugandan activist Gloriah Dhel

• Filipina activist Venus Aves

GEORGIA

In a move that has drawn international condemnation, the Georgian government passed a package of draconian anti-LGBTQ bills through parliament Sept. 17 in a unanimous vote that was boycotted by the opposition.

The new law, dubbed the Law on Family Values and Protection of Minors, bans recognition of any same-sex relationship, ban adoption by transgender people or non-heterosexuals, ban the promotion of same-sex relationships or LGBTQ identities including through the media or public gatherings, and ban legal gender change or medical interventions for gender reassignment. The bills mirror similar bills passed in Russia, which have led to a serious and escalating crackdown on LGBTQ people.

President Salome Zourabichvili has said she intends to veto the legislation, but the ruling Georgian Dream party has enough votes to override any veto.

Opposition parties have been boycotting parliament since the government passed a “foreign agents” law that requires any organization receiving funds from outside the country to register as an agent of a foreign power. Critics said that the bill was a clear mechanism to defund or discredit the opposition, the media, and the nongovernmental organizations.

Both the foreign agent law and the anti-LGBTQ law had already drawn criticism from the international community, but the passage of the anti-LGBTQ law brought a new round of diplomatic condemnation.

The U.S. announced financial sanctions and travel bans on dozens of Georgian leaders it says are complicit “undermining democracy” and “serious human rights abuse.”

The EU had already frozen accession talks with Georgia after the foreign agents bill was passed. This week, it announced it was considering removing access to visa-free travel to the EU for Georgian citizens.

The U.N. Human Rights Office also called on the Georgian government to rescind the law.

“We are deeply concerned that this law may encourage hate speech, lead to more incidents of violence, and reinforce stigma, intolerance and misinformation,” spokesperson Liz Throssell said in a statement.

That statement proved to be sadly prophetic. The day after parliament voted to pass the anti-LGBTQ legislation, Georgia’s most prominent trans woman was murdered in her home.

Kesaria Abramidze, 37, was a model and social media influencer. She was found dead in her apartment after neighbors heard screams. A 26-year-old man has been arrested in connection with the crime.

“Horrifying murder! Rejection of humanity! This should be a sobering call … Hatred drenched in hatred, which weakens and divides us and gives a hand to an enemy to manipulate us,” Zourabichvili wrote on her personal Facebook page. “I hope the death of this beautiful young woman will make us more humane, more Christian. I hope this tragedy will not be in vain.”

The new laws come as the small country located in the Caucasus Mountains gears up for elections on Oct. 26. Georgian Dream looks set to capture the largest share of votes according to polls, but the opposition parties are mostly aligned on the goal of restoring democratic norms if they can form a majority coalition.

EUROPEAN UNION

European Commission President Ursula von der Leyen announced her intention to ban so-called “conversion therapy” across the EU in a mandate letter sent to the new EU Commissioner for Equalities this week.

The letter to Hadja Lahbib, who also serves as Belgium’s minister of foreign affairs, directs her to “propose a new LGBTIQ Strategy for post-2025. The strategy should notably focus on the continued and persisting hate-motivated harassment and violence, including online, and banning the practice of conversion therapy.”

It is not immediately clear how von der Leyen or Lahbib envision a conversion therapy ban – either through EU-wide legislation or by encouraging member states to ban it individually.

Of the EU’s 27 member states, eight already ban conversion therapy in local law: Spain, Portugal, Malta, Greece, Cyprus, Germany, France, and Belgium. Bans have also been proposed in Ireland, Netherlands, Austria, and Finland, but legislation in all four states has stalled.

At the same time, several EU member states have passed or introduced legislation to restrict freedom of expression for LGBTQ people, calling it “LGBT propaganda,” including Hungary, Slovakia, Bulgaria, and Lithuania.

CANADA

Dueling protests for and against LGBTQ-inclusive sex education took place across Canada on Sept. 20 with rallies across the country timed as some provinces head toward local elections.

Anti-LGBTQ groups calling themselves Hands Off Our Kids and 1 Million March 4 Children coordinated the anti-sex education protests, as they did last year. Protests were reported in more than a dozen cities across Canada; including Toronto, Montreal, Vancouver, Edmonton, Calgary, Winnipeg, Moncton, Saskatoon, and Ottawa.  

Right-wing media in Canada breathlessly reported Hands Off Our Kids’ estimate that up to two million people — about 5 percent of all Canadians — would participate in the protests. As it turned out, most of the anti-sex education protests saw fewer than 100 participants, and according to reports, all of them were outnumbered by pro-LGBTQ counter-protesters.

Unlike last year’s protests, there were no reports of violence or arrests.

The protests come at a pivotal time for LGBTQ issues in Canadian schools.

In Alberta, the conservative provincial government is planning to introduce legislation in the fall that would require schools to notify parents and obtain their consent if a student chooses to use a different name or pronoun, restrict trans students’ access to school sports and bathroom facilities, require parental notification and consent before any sex education or LGBT issues are discussed in classrooms, and ban gender care for youth under age 16.

Alberta Premier Danielle Smith has also said that after the legislation passes, her party would welcome back lawmaker Jennifer Johnson, who had been booted from caucus after remarks she had made comparing trans students in schools to adding a teaspoon of feces to a batch of cookies.

Three provinces will hold elections in October, in which LGBTQ classroom issues are in the balance. In New Brunswick and Saskatchewan — which go to the polls Oct. 21 and 28, respectively — incumbent conservative governments are defending recently enacted policies that require schools to out trans students to their parents and restrict sex education.

In British Columbia, the opposite is happening. An incumbent New Democratic government is defending its SOGI-123 curriculum that teaches children about inclusion, consent, and health issues in age-appropriate ways, while the opposition BC Conservatives want to scrap it.

Polls in all three provinces indicate very tight races. Earlier this year, a conservative government in Manitoba was defeated after it announced plans to introduce a parental notification and consent law for trans students.

TAIWAN

In a bit of uplifting news, Taiwan announced this week that it would finally remove an administrative roadblock that prevented Taiwanese citizens from marrying a same-sex partner from mainland China.

Same-sex marriage has been legal in Taiwan since 2019, but the government refused to recognize same-sex marriages between Taiwanese and Chinese nationals, due to security concerns and the island’s complicated relationship with the mainland.

Taiwanese who wish to marry a Chinese national must typically marry in China and await an interview by Taiwanese authorities before their relationship is recognized and their partner is granted residency rights on the island. But because China does not recognize same-sex marriage, that’s impossible.

In August, a Taiwanese court ordered the government to begin the interview process for a cross-strait couple who married in the United States. This week, Taiwan’s Mainland Affairs Council announced that it would comply with the decision and recognize cross-strait same-sex marriages performed in any third country where same-sex marriage is legal.

That still presents a roadblock for some couples, as they must travel to a third country to marry. For now, the nearest places for most same-sex couples to travel would be the US territory of Guam or Australia. Thailand is expected to begin performing same-sex marriages next year.

Additionally, cross-strait same-sex couples may still face an administrative burden in settling in Taiwan, as the Chinese partner must cancel their mainland residency before receiving a Taiwanese ID — the last stage in the process. It’s not clear if China will allow its nationals to cancel their residency, as the government will not recognize their same-sex marriages.

A Kenyan LGBTQ rights organization has adopted a virtual legal aid platform that allows its lawyers to offer free services to queer people remotely.    

The Center for Minority Rights and Strategic Litigation, which unveiled the online LGBTQ+ Legal Aid Clinic platform, attributes the move to lessons learned from the COVID-19 pandemic, including the wide use of online meetings.    

“The LGBTQ+ Online Legal Aid Clinic is, we believe, the first of its kind in Kenya providing pro bono legal advice services directly to the LGBTQ community,” CMRSL states.  

The online legal aid clinic connecting CMRSL advocates and queer people via Zoom, Google, and other virtual platforms is an extension of the organization’s physical legal aid clinic launched in 2020 to consolidate the volunteer lawyers’ free legal services it has been offering since 2007. 

The organization recognizes the Canadian government’s financial support in setting up the two legal aid clinics.   

Michael Kioko, a CMRSL advocate, told the Washington Blade the organization first thought about adopting an online legal aid clinic for the queer community during the COVID-19 period during which officials limited movement to combat the virus. 

“We noted that we could reach people far across the country like Kakuma Refugee Camp where we have attended to LGBTQ refugees and also realized that we could work with more volunteer advocates across the nation,” Kioko said.

The organization has about 20 volunteer advocates who are trained on LGBTQ issues in order to be sensitive to queer clients. 

Both the CMRSL’s physical and online legal aid clinics have offered services to more than 1,000 queer clients since 2020. Kioko noted CMRSL receives more than 40 cases a month through the online platform.  

“The cases we receive include house evictions from homophobic discrimination as the most common, especially in Mombasa and Lamu, physical assault, and verbal abuse,” Kioko stated.

Other cases CMRSL advocates handle for the queer community are name changes for transgender women, child custody cases for bisexual women, disputes between lesbian or bisexual partners, and work to ensure a witness to a queer person’s assault stands with them until the perpetrator is convicted.

“We are also handling criminal defense cases where LGBTQ persons have been charged in court and they are two for transgender women (one case in Lamu was acquitted), we have four cases for four gay men (two cases have been withdrawn), and under civil cases in the children’s court we have four cases by bisexual women,” Kioko said.

The LGBTQ rights organization also has filed two petitions in the Court of Appeal that challenged the country’s anti-homosexuality laws.

“We are also planning to set up a legal desk by this year to deal with cases that require long-term commitment,” Kioko said.

The organization has been conducting public forums to enlighten the LGBTQ community on accessing justice through free legal help through its physical and virtual clinics.

CMRSL, however, demands any LGBTQ person seeking its services by filling a legal aid form not to be under 18-years-old. It takes at least three days for the lawyer to have a virtual consultation with a potential client, and, if necessary, would then refer them to a nearby legal clinic for physical assistance.  

The organization also limits its legal assistance to individual matters that include criminal, family, employment, blackmail, assault, and discrimination cases based on sexual and gender identity or expression.    

“We will not provide advice to businesses or in respect of business dealings unless the advice sought is on an issue that arises out of one’s SOGIE,” states CMRSL.  

CMRSL also does not offer legal advice on financial matters, such as investment, sale, or purchase of property or other assets unless the help sought is on an issue that relates to one’s LGBTQ identity.  

Kioko noted that adopting the online legal aid clinic has been impactful in helping CMRSL handle many issues almost at once and asked the LGBTQ community to embrace the virtual platform.  

“The platform is more flexible and convenient both for the advocate and the client,” he said. “It is also more private and safe for the client compared to the physical legal clinic which has some privacy risks like homophobic stigma.”

CMRSL under its values and strict data protection policy assures its LGBTQ clients of treating all information submitted or collected with utmost confidentiality.

Kioko noted that the lack of smartphones to access the internet and sometimes network connection for LGBTQ people in remote areas remains a big challenge for some queer persons to use the virtual legal clinic. Lawyers and queer people can consult with CMRSL via phone calls when their clients don’t have smartphones.

Lawmakers in the Seychelles on Wednesday approved a bill that will add an LGBTQ-inclusive hate crimes provision to the country’s penal code.

The National Assembly by an 18-8 vote margin approved the Penal Code (Amendment) Bill, 2024.

The hate crimes provision specifically includes sexual orientation, gender identity, and HIV/AIDS status, among other factors. The bill states anyone convicted of a hate crime based on the outlined characteristics could face a fine and/or up to two years in prison for the first conviction and a fine and/or up to three years in prison for any subsequent convictions.

“The inclusion of hate speech as an offense within the penal code (Cap. 158) provides for the intention to incite hatred towards a person or group of persons based on their protected characteristics, through various forms of communication or behavior, if the expression is perceived to be threatening, abusive or insulting,” said Attorney General Frank Ally in a July 1 letter that detailed the bill.

Human Dignity Trust, a London-based NGO, in a press release notes it has since 2020 “provided legal assistance” to Ally’s office “to draft the hate crime components of the bill.” The group also highlighted Mark Walters, a professor at the University of Sussex in England, “for his invaluable expertise and contribution to the drafting process.”

“The changes to the penal code will provide new and meaningful protections for people targeted simply because of who they are, and encourages marginalized communities to report crimes,” said Human Dignity Trust Chief Executive Téa Braun. “By enacting this law, the Seychelles has taken a strong stance against hate-motivated violence, ensuring that the most vulnerable members of society are protected.” 

South Africa is the only other African country that includes sexual orientation and gender identity in its hate crimes law.

Seychelles in 2016 decriminalized consensual same-sex sexual relations.

India’s LGBTQ community for decades endured deep-seated discrimination and societal repression, living in the shadows of a nation that often refused to see them. Yet, in recent years, a wave of change has swept across the country. 

Slowly but surely, the community is winning battles on multiple fronts. The most significant breakthrough came in 2018 when India’s Supreme Court struck down Section 377, decriminalizing homosexuality. This landmark ruling not only rewrote a colonial-era law — it ignited hope, signaling the dawn of a more inclusive India where love is not a crime.

India’s Social Justice and Empowerment Ministry on Sept. 1 took a bold step, inviting feedback from stakeholders and the public to shape more inclusive policies for the LGBTQ community. This move follows the Supreme Court’s landmark October 2023 directive in the Supriya v. Union of India case, which called on the government to safeguard LGBTQ rights. 

The government since then has initiated several measures aimed at creating a more equitable future for the community, ensuring their voices are heard, and their interests protected.

The Indian government in response to the Supreme Court’s ruling formed a high-level committee, chaired by the Cabinet secretary, to clarify and define the rights and entitlements of the LGBTQ community. The Social Justice and Empowerment Ministry announced this in a statement, marking a crucial step toward formalizing protections, and ensuring the community’s legal recognition and inclusion in India’s evolving social framework.

The Indian government in April formed a committee that includes officials from the Home Affairs, Women and Child Development and Health, and Family Welfare Ministries with the secretary as the convening member. The committee by May met to tackle pressing issues facing the LGBTQ community. 

Their discussions covered vital matters like the issuance of ration cards, allowing LGBTQ people to open joint bank accounts with their partners, and preventing harassment based on gender identity and sexual orientation.

Ration cards in India serve as official documents that state governments issue, granting eligible households access to subsidized food grains through the Public Distribution System under the National Food Security Act. These cards are a lifeline for many, ensuring affordable food security for millions across the country.

The Washington Blade in July reported the Home Ministry issued a memo to state and territorial officials, as well as prison administrators, that acknowledges discrimination and violence queer people often face because of their sexual orientation and gender identity. The government urged states and territories to ensure equal rights for queer inmates, instructing officials to prevent discrimination and uphold visitation rights, 

The Department of Food and Public Distribution, meanwhile, has advised state and territorial governments to recognize partners in queer relationships as members of the same household for ration card purposes. This directive seeks to prevent discrimination and ensure that LGBTQ couples receive equal access to subsidized food and benefits under the Public Distribution System.

The Health and Family Welfare Ministry has already taken significant steps to prevent discrimination in healthcare. 

It issued guidelines that prohibit so-called “conversion therapy” and other harmful practices and ensure access to gender-affirming surgery. These measures aim to create a safer and more inclusive healthcare environment for LGBTQ people, affirming their right to respectful and appropriate medical care.

The Indian government has announced that it is developing additional guidelines to support the mental health and well-being of the LGBTQ community. They include the establishment of medical protocols for intersex babies and children that seek to provide more compassionate and informed healthcare interventions. 

The government has also invited the public to share their suggestions and feedback on additional measures to support the LGBTQ community.

Rani Patel, president and founder of Aarohan, during an interview with the Washington Blade expressed frustration with the government’s slow progress in implementing LGBTQ initiatives. She highlighted the ongoing challenges faced by transgender people, noting they often face skepticism and doubt when they introduce themselves as trans.

Patel emphasized the need for faster, more effective action to change societal perceptions and protect the dignity of trans people in India.

“They should have a choice that they reveal their identity as transgender individual,” she said. “[At a] maximum transgender people are now getting married, because they do not trust the government or government’s initiatives. They are not finding protection, security, or benefits.” 

“We work with a huge number of transgender individuals, and we know because of these issues, no government schemes are benefiting the transgender community,” added Patel.

Patel said only 1 percent of India’s trans or LGBTQ community will likely benefit from these efforts. She stressed the need for more comprehensive efforts to ensure these policies reach and uplift the broader community, rather than just a small fraction.

Harish Iyer, a plaintiff in the Supreme Court’s marriage equality case who is also the head of diversity, equity and inclusion at Axis Bank, on Tuesday spoke with the Blade after government officials announced they plan to seek public input on LGBTQ issues.

He described how they attentively listened to the community’s needs, took detailed notes as he passionately spoke. Iyer said the meeting was a hopeful sign of what he described as genuine engagement and commitment to addressing their concerns.

“I am pleasantly surprised to see a list of directives issued,” said Iyer. “I had suggested a directive that could be issued so that all banks could open their doors to LGBTQIA+ people without bias. I know that there is nothing that restricts any two people from opening a joint account as I had introduced the same in Axis Bank in 2021 and had checked all policies then. Now, what was a reality in Axis Bank, has been reiterated through a directive. Now any two people can avail of this in any bank.

When asked about his colleagues’ reactions to the new directive, Iyer shared with a smile that they are “delighted.” 

“All banks and facilities should open their doors. I’d rather compete with peers on providing better service for the community,” he said. “Ultimately, it’s the community that should reap the long-term benefits.”

Ankush Kumar is a reporter who has covered many stories for Washington and Los Angeles Blades from Iran, India, and Singapore. He recently reported for the Daily Beast. He can be reached at [email protected]. He is on Twitter at @mohitkopinion.