For Immediate Release

January 24, 2012

Contact: Steve Ralls (202) 347-7007 / sralls@immigrationequality.org

Immigration Equality Hails New Government Training Module for Lesbian, Gay, Bisexual, Transgender & Intersex Asylum Claims USCIS Guidance is First Comprehensive LGBTI Training Guide for Asylum Officers

Washington, DC – Immigration Equality, a national legal aid and advocacy organization, hailed today’s release of a newly-created training module, “Guidance for Adjudicating Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Refugee and Asylum Claims” by the U.S. Citizenship and Immigration Services (USCIS). The guidance, which follows two years of coordination between USCIS and Immigration Equality, instructs asylum officers on substantive aspects of the law and highlights the unique difficulties that LGBTI claimants may experience in articulating their claims for asylum.“We are thrilled that USCIS has taken this important step to better protect LGBTI asylum seekers,” said Victoria Neilson, the organization’s legal director. “This guidance will give officers the tools they need to gather the necessary evidence for validating an asylum claim, while respecting the often sensitive issues that potential asylees must navigate based on their past persecution. Immigration Equality is proud to have been a partner in making this guidance a reality.”

Among the highlights of the Guidance released today are:

• Helpful definitions, and appropriately sensitive questions, for officers to use, including specific instructions about questions to avoid, such as those related to specific sexual practices;
• LGBTI-specific examples of harm that may constitute persecution, including: laws criminalizing same-sex sexual activity in an applicant’s home country; forced medical or psychiatric treatment intended to “cure” an applicant’s sexual orientation; forced marriage to an opposite-gender spouse; severe economic harm; and beatings or other physical abuse;
• Instructions for analyzing complex issues, for example, that a former opposite-gender marriage does not mean an applicant is not lesbian or gay; that LGBTI applicants are not required to meet pre-conceived stereotypes or “look gay;” and that cultural norms within the LGBTI community in an applicant’s home country may differ from those in the U.S.; and
• A non-exhaustive list of possible one-year filing deadline exceptions (which make it difficult to pursue asylum after one year of presence in the United States), including: recently “coming out” as LGBTI; recent steps to transition from birth gender to corrected gender; a recent HIV diagnosis; post-traumatic stress disorder; or severe family opposition to an applicant’s identity.

The Guidance’s Introduction acknowledges that “Interviews with LGBTI or HIV-positive refugee and asylum applicants require the individual ‘to discuss some of the most sensitive and private aspects of human identity and behavior’ – sexual orientation, gender identity and life-threatening illness.”

“Advocates and attorneys now have a government manual to reference when bringing asylum and refugee claims on behalf of LGBTI applicants,” Neilson added. “The Guidance released today puts LGBTI claims on an equal footing with other types of asylum claims that already have similar guidance. Immigration Equality has provided trainings to asylum officers from around the country on these issues, and won asylum cases, with pro bono partners, for LGBTI individuals from around the world. Today’s Guidance, will be a welcome tool for officers, attorneys and applicants who must work together to ensure our country remains a safe haven for those escaping often unspeakable persecution abroad.”

# # #

Immigration Equality is a national organization fighting for equality under U.S. immigration law for lesbian, gay, bisexual, transgender, and HIV-positive individuals. For more information, visit www.immigrationequality.org.

Deputy Assistant Secretary Baer will discuss the ways in which the State Department is working with U.S. embassies and consulates to highlight the speech and implement a new Presidential Memorandum, issued by the White House on the same day, that directs all U.S. “agencies engaged abroad to ensure that diplomacy and foreign assistance promote and protect the human rights of LGBT persons.”

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• Full Report
• Executive Summary

For Immediate Release

Media Contact:
Cub Barrett, Program Communications Manager
(212) 806-1602

NEW YORK, January 18, 2012—Funding to prevent and treat HIV/AIDS consistently fails to reach programs designed to control the disease among gay men and other men who have sex with men (MSM), according to a new analysis released Wednesday by amfAR, The Foundation for AIDS Research and the Center for Public Health and Human Rights (CPHHR) at Johns Hopkins University. The report finds that resources dedicated to addressing the epidemic among MSM are grossly insufficient, and that funding intended for this population is often diverted away from MSM-related services.

Despite Obama Administration leadership in setting bold new targets to tackle global AIDS and highlight the human rights of MSM and other sexual minorities, U.S. government aid intended to prevent and treat HIV infection among MSM continues to encounter obstacles throughout the world.

The new report, “Achieving an AIDS-Free Generation for Gay Men and Other MSM,” provides the most comprehensive analysis to date of HIV-related funding and programming for this population. Focusing on eight countries, the report finds that national governments have failed to adequately tackle the epidemic among MSM. The findings are especially dire in countries that criminalize MSM. In those settings, governments spend fewer resources on HIV-related health services for MSM, do less to track and understand the epidemic, and are more likely to repurpose donor funds intended to fight the epidemic among MSM.

International efforts such as the U.S. President’s Emergency Plan for AIDS Relief (PEPFAR) and the Global Fund to Fight AIDS, Tuberculosis and Malaria have made great strides against the global epidemic, including more recent efforts to reach MSM. Yet these and other donors typically fail to collect and analyze basic information about the epidemic among MSM. In settings where MSM are persecuted, this lack of data is often used to justify under-funding and marginalization.

“These data show an astonishing lack of support for MSM populations around the world, but most especially in countries where MSM are criminalized and persecuted,” said amfAR CEO Kevin Robert Frost. “Gay men and other MSM pioneered the global response to HIV in developed countries and have contributed significantly to the development of programs globally. However, they have been mostly excluded from these very services and programs in the developing world. This report lays out concrete steps that donors and national governments should take without delay to address the pandemic among MSM.”

The report examines the progress and shortcomings of PEPFAR, the Global Fund, and the UNGASS reporting system, managed by UNAIDS, and draws on data collected from on-the-ground researchers in eight countries: China, Ethiopia, Guyana, India, Mozambique, Nigeria, Ukraine, and Viet Nam. Using a standardized evaluation tool, civil society consultants studied the funding and implementation of MSM-related programming. Each consultant uncovered a range of issues related to funding allocations and service delivery, providing an in-depth view of the challenges facing MSM and their access to HIV treatment, care, and prevention services.

Among their findings:

• With few exceptions, MSM are deprioritized and marginalized by HIV programs regardless of epidemic type or disease burden. For example, this analysis found that in Guyana, funding for MSM programs dropped 96% between initial proposal and final budget.
• Epidemiological surveillance of MSM in many countries is woefully inadequate to determine the true burden of HIV among MSM. This makes it much more difficult for international monitors, including UNGASS, to assess the needs of MSM in each country, and further complicates allocation and monitoring by donors.
• In countries where homosexuality is criminalized, such as Nigeria and Ethiopia, many MSM forgo seeking medical care out of fear of government-sanctioned punishment. Despite billions of dollars in funding for HIV programs, both countries continue to make international headlines for persecution and violence against MSM.
• Efforts to streamline donor bureaucracy are being undertaken without consideration of their impact on vulnerable populations. Consolidated funding streams, broad health systems investments, and reduced reporting requirements may ultimately undercut efforts to direct money to more effective interventions.

In addition to the eight country reports, the overall report also includes recommendations for national governments, PEPFAR, the Global Fund, and UNGASS.

“For the first time, we have specific data to help us understand why MSM are omitted from national HIV/AIDS surveillance systems and are subsequently excluded from HIV/AIDS services in countries that rely on foreign assistance from international donors,” said Stefan Baral, associate director of the CPHHR at Johns Hopkins Bloomberg School of Public Health. “As an international community, we must take these data and work with donors and governments to better address the needs of gay men and other MSM throughout the world. We will never create an ‘AIDS-free generation’ if we don’t get the epidemic under control among MSM.”
About amfAR
amfAR, The Foundation for AIDS Research, is one of the world’s leading nonprofit organizations dedicated to the support of AIDS research, HIV prevention, treatment education, and the advocacy of sound AIDS-related public policy. Since 1985, amfAR has invested nearly $325 million in its programs and has awarded grants to more than 2,000 research teams worldwide.

About the Center for Public Health and Human Rights at Johns Hopkins University
The Center for Public Health and Human Rights at Johns Hopkins focuses on using the scientific tools of public health to address the health and rights of populations in need. The Center is active in Asia, Africa, and the Former Soviet Union and works with sexual minorities, people who use drugs, and refugees and displaced communities in conflict.

Photo: Johny Magallanes / MCT

Repost from the Miami Herald

by Tim Johnson

SAN PEDRO SULA, Honduras — From U.N. chambers to the halls of the State Department, global pressure on countries to protect the rights of gay and transgender people is rising.

For Josue Hernandez, the new emphasis can’t come fast enough.

The 33-year-old gay activist bears the scar of the bullet that grazed his skull in an attack a few years ago. He’s moved the office of his advocacy group four times. Still, he feels hunted in what is arguably the most homophobic nation in the Americas.

“We are in a deplorable state,” Hernandez said of gays in Honduras. “When we walk the streets, people shout insults at us and throw rocks. Parents move their children away.”

Three months ago, a U.N. report declared that discrimination against lesbian, gay, bisexual and transgender people — or LGBT — violates core international human rights law. It listed nations where violations are most severe.

Joining a push that originated in Europe, the Obama administration said in December that respect for LGBT rights is now a factor in its foreign policy decisions.

On December 30

When the United States presented its last report to the Committee on Human Rights in 2006, the U.S. delegation tried to deny the application of longstanding sexual orientation and gender identity protections under the ICCPR, even though the Committee has recognized rights to privacy and non-discrimination for LGBT individuals since at least 1992.  During that 2006 review, a member of the UN Committee noted publicly that the U.S. delegation, which included the head of the civil rights division of the U.S. Justice Department, demonstrated a lack of awareness of the “longstanding and consistent” jurisprudence of the Committee on these issues.  The UN expert expressed his concern that by denying the existence of these rights under the ICCPR, the U.S. government might suggest that persons of diverse sexual orientations and identities are not fully entitled to the rights to life and privacy under the treaty.  In contrast, by reporting so extensively on LGBT-related concerns in this current UN report, the Obama Administration has now made an unequivocal legal statement recognizing that international law protects the human rights of all individuals, including on the basis of sexual orientation and gender identity.  Indeed, this is the legal justification for Secretary Clinton’s emphatic assertion that “human rights are gay rights and gay rights are human rights, once and for all.”

The report also identifies a number of areas in which LGBT equality has not been achieved, but where the Obama Administration has been stymied by Congress, such as with the repeal of the Defense of Marriage Act, and the enactment of federal workplace nondiscrimination legislation. The Council for Global Equality urges that the Administration intensify its work with Congress to prioritize these legal impediments to full equality for LGBT Americans.

This new report represents a positive milestone in efforts to ensure that U.S. laws and practices are in keeping not only with international legal norms, but with our country’s stated commitment to fairness and equal treatment under the law.  The Council welcomes this important report by the United States as yet another example of the Obama Administration’s commitment to America’s LGBT citizens and to the rights of LGBT citizens everywhere.

Repost from

This newspaper commends the leader of the People’s National Party (PNP), Portia Simpson Miller, for her mature stand on whether gays could serve in a government she leads and, more broadly, the rights of homosexuals.

Mrs Simpson Miller argued, rightly, that people’s sexual orientation is their business. She doesn’t want to be a voyeur. The pertinent consideration in appointing a Cabinet, therefore, is competence.

By contrast, Prime Minister Andrew Holness waffled, arguing that his “sentiment must be the sentiment of Jamaica”. That, essentially, is homophobic.

But the responsibility of leaders is to lead, not merely to reflect popular sentiment.

In that regard, we welcome the pledge of a PNP administration to review the buggery law and allow a conscience vote on the matter. We urge Mrs Simpson Miller to go further, making the repeal of a law that has no place in the 21st century a platform promise.

Related: Watch Portia Simpson Miller, during a Jamaican Election Debate, address whether or not she would have gay people in her cabinet.

Repost from

Earlier this week, President Barack Obama and Secretary of State Hillary Clinton articulated the first-ever U.S. Government strategy to direct all federal agencies engaged abroad to ensure that U.S. diplomacy and foreign assistance promote and protect the human rights of lesbian, gay, bisexual, and transgender persons.

These actions represent a continuation of the Obama Administration’s commitment to safety, justice, and equality for LGBT people everywhere. President Obama expressed this commitment earlier this year at the United Nations General Assembly, when he said “No country should deny people their rights because of who they love, which is why we must stand up for the rights of gays and lesbians everywhere.” And since January 2009, Secretary Clinton has strongly and consistently championed a comprehensive human rights agenda — one that specifically includes the protection of LGBT people.In response to these developments, a number of organizations that advocate for LGBT rights and human rights issued statements praising the strong leadership of the President and Secretary of State.  Here are just a few of those statements:

Joe Solmonese, President of the Human Rights Campaign

“The Obama Administration has made a tremendous difference in the lives of LGBT people in the United States and this new strategy helps to extend that presidential leadership across the globe.  There is no question that the administration’s record of advancing equality for LGBT people has been enhanced by the leadership of Secretary Clinton who consistently underscores the simple truth that LGBT rights are human rights.”

Rea Carey, Executive Director of the National Gay and Lesbian Task Force

“The United States showed extraordinary global leadership today by affirming the dignity of lesbian, gay, bisexual and transgender people around the world. It is what we would hope for — and expect from — our country.  The presidential memorandum is the first-ever U.S. government strategy dedicated to combating the abuse of LGBT people abroad. History is being made, but more importantly, lives will be improved and even saved.  We applaud the president for this monumental step forward, and thank Secretary Clinton for taking to the world stage to send the unequivocal message that LGBT people everywhere should be able to live freely and with dignity.”

Kate Kendall, Executive Director of the National Center for Lesbian Rights

“Between the initiatives outlined in the President’s memo, and the visionary speech of Secretary Clinton, it seems possible that my children could grow up in a world where LGBT people are no longer terrorized or victimized based on their sexual orientation or gender identity… This is a day to remember, and one that will mark the beginning of a new era in the international recognition of our community.”

Jessica Stern, Acting Executive Director of the International Gay and Lesbian Human Rights Commission

“Under the leadership of President Obama and Secretary Clinton, we now see a strategic approach to LGBT human rights and the most affirming LGBT rights foreign policy in the nation’s history.  The ‘Presidential Memorandum’ and speech by Secretary Clinton make clear that LGBT rights are not a mere afterthought but a carefully considered component of US foreign policy.”

Robert G. Sugarman, National Chair, and Abraham H. Foxman, National Director, Anti-Defamation League

“We salute President Obama and Secretary Clinton for making LGBT rights and the fight for fair treatment and dignity for all groups a core part of American foreign policy. Today’s action is a model for how governments can use their bully pulpit to signal that fair treatment of LGBT people is a vital concern and part of a moral duty to honor the common humanity of all people.  As a community that experienced first-hand the indifference of a world that viewed the rights of Jews as less worthy, we know that it can make a difference when governments apply the force of their leadership and their diplomatic tools to protect individuals seen as different or marginal by society.”

Paul LeGendre, Director of the Fighting Discrimination Program at Human Rights First

“The Obama Administration should be credited for its consistent advocacy of the simple proposition that human rights apply to all people, including LGBT people. Secretary Clinton’s work to impact the international community and its inclusion of LGBT rights will be one of her enduring legacies.  She is right: it is time for all nations to implement policies to protect this vulnerable community from violence and discrimination. President Obama’s directive specifically advances that goal.”

Jennifer Chrisler, Director of the Family Equality Council

“We applaud President Obama, U.S. Secretary of State Hillary Clinton and the administration for demonstrating leadership on the issue of human rights for LGBT people around the world and we look forward to the day when all LGBT people can be assured of full legal, social and economic equality.”

Mara Kiesling, Executive Director of the National Center for Transgender Equality

“Secretary Clinton spoke about LGBT rights at the UN in Geneva and expressed a strong U.S. position in support of respect and fair treatment of lesbian, gay, bisexual and transgender (LGBT) people worldwide, making a case that ensuring our human rights is a basic responsibility of the United States and the world. Concurrently, President Obama released a Presidential Memorandum directing all federal agencies abroad to promote and protect the human rights of LGBT people in U.S. diplomacy and foreign assistance work.  The National Center for Transgender Equality applauds their continued leadership in this area.”

Dr. Yvette C. Burton, Chief Executive Officer of the Arcus Foundation

“The historic steps announced by Secretary Clinton are great news for millions of people worldwide who face real threats ranging from employment discrimination to prosecution and even death under criminal laws that target them based on their sexual orientation or gender identity.  These actions will strengthen the credibility of U.S. foreign policy and ongoing U.S. efforts to promote human rights throughout the world.”

Justin Nelson, President of the National Gay and Lesbian Chamber of Commerce

“Sec. Clinton’s profound statement to the world sets the stage for global dialogue and a movement in the right direction.”

Victoria Neilson, Legal Director of Immigration Equality

“Today the administration committed its muscle to helping provide a safe haven for LGBT people who face violence, persecution and abuse in their home countries.”

Susan Farnsworth, Executive Director of Global Rights

“In no uncertain terms, Secretary Clinton reiterates the U.S. Administration’s stance that LGBT rights are human rights.  Clinton’s speech makes it clear that fair and equal treatment of LGBT individuals is a U.S. foreign policy priority.  Global Rights supports the U.S. Administration’s unambiguous call that laws must change in countries to end criminalization of same-sex relationships.”

J. Kevin Jones, Deputy Director of Out & Equal Workplace Advocates
“Combined with the Presidential Memorandum released earlier in the morning directing all federal agencies engaged abroad to ensure that U.S. diplomacy and foreign assistance promote and protect the human rights of LGBT persons, it felt clear to me at least that the United States is now forcefully asserting itself as a global leader in seeking equal rights for the LGBT community.  Even while acknowledging, as Secretary Clinton did, that this country still has work to do here, the U.S. visibly “came out” to the world as an active and proud ally.”

Amnesty International

Amnesty International USA welcomes the Obama Administration’s continued and enhanced commitment to protecting the rights of lesbian, gay, bisexual and transgender people, and urges swift action to match the Administration’s articulated vision

Council on Global Equality

Secretary Clinton made a powerful case today at the UN in Geneva for why the respect and fair treatment of lesbian, gay, bisexual and transgender (LGBT) people worldwide is of concern to the United States and the world. President Obama also released a Presidential Memorandum today committing the entire U.S. government to support this important human rights agenda. The Council for Global Equality applauds their leadership.

For more information:

• Read the Presidential Memorandum
• FACT SHEET: Working to Advance the Human Rights of LGBT Persons Globally
• Watch the video of Secretary Clinton’s address
• Secretary Clinton’s Remarks in Recognition of International Human Rights Day
• Factsheet: The Department of State’s Accomplishments Promoting the Human Rights of Lesbian, Gay, Bisexual, and Transgender People
• Reflections on Secretary Clinton’s Remarks by Daniel Baer, Deputy Assistant Secretary of State for Democracy, Human Rights, and Labor

Gautam Raghavan is the Associate Director for White House Office of Public Engagement.

December 15, 2011

Today’s UN report is a groundbreaking new compendium of international law.  It makes clear that criminalizing individuals because of their sexual orientation or gender identity is in fact a fundamental denial of their human rights and human dignity.  So, too, are acts of violence and discrimination.  The report emphasizes that “in all regions, people experience violence and discrimination because of their sexual orientation or gender identity.  In many cases, even the perception of homosexuality or transgender identity puts people at risk.  Violations include – but are not limited to – killings, rape and physical attacks, torture, arbitrary detention, the denial of rights to assembly, expression and information, and discrimination in employment, health and education.”

Based on the standards articulated in this new UN text, all countries, including our own, still have more to do to fully recognize the human rights of their LGBT citizens.  Indeed, the report calls on all countries to “enact comprehensive anti-discrimination legislation that includes discrimination on grounds of sexual orientation and gender identity among prohibited grounds and recognizes intersecting forms of discrimination.”  We know that our own U.S. Congress has important work to do to entrench just that sort of comprehensive non-discrimination protection in federal law in the United States.

The report will be debated at a meeting of the UN Human Rights Council in March, and with South Africa leading the discussion, the March presentation will ensure that this report guides the work of the UN’s human rights experts worldwide.  The Council for Global Equality welcomes this important contribution to international human rights law.

As I listened to Secretary of State Hillary Rodham Clinton’s landmark Human Rights Day speech last week before a United Nations audience in Geneva, I was overwhelmed with emotion. I was not alone in wiping tears away during the speech. Many others from our delegation of U.S. and global activists – State Department officials too – were equally touched by the secretary’s words. When it was over, I had never been prouder as an American, as an activist and as a lesbian.

Clinton was at her best. And we were there not only to witness that moment in history, but also because we were an integral part of shifting U.S. policy.

I remember the first time I went to the State Department in 1991 as the founding director of the International Gay & Lesbian Human Rights Commission. I didn’t know much about the federal agency responsible for U.S. foreign policy, but I knew it published an annual report of every country’s human rights conditions, which the Immigration and Naturalization Service used in determining asylum claims for LGBT people from around the world.

So I got on a plane to D.C. and persuaded the State Department to issue its first cable to embassies instructing them to include sexual orientation in their reporting. I still have the fax of that cable, but I didn’t really understand then the journey that had begun in making America’s human rights policy fully inclusive of sexual orientation and gender identity.

Fast-forward 20: Today many important human rights organizations and governments seriously address the human rights of LGBT people around the world. The Council for Global Equality, the organization I’m now affiliated with, was formed to ensure that the tools used in promoting American foreign policy are responsive to LGBT issues. We are delighted with the genuine progress our country has made so far in addressing LGBT human rights issues abroad.

Still, nothing compares to the power of words.

Clinton’s speech consolidates the progress this administration has made already. But she also pushed our journey to a higher plane, with a new and carefully crafted agenda. Instead of alienating world leaders by pointing out the many places in the world where violations are at their worst, she invited the world into a conversation about LGBT people, and she did so with immense understanding and compassion. She spoke with the humility of a leader from a country with an imperfect record and a long way to go toward full equality for LGBT Americans, but with the unequivocal understanding of right and wrong. She used the power of her position brilliantly, as she invited everyone to join her on the right side of history.

It was during the enthusiastic standing ovation after the speech when I really started to cry. Only a few hostile country representatives remained in their seats, fighting to ignore the excitement that consumed the chamber when she finished. But they could not miss the inevitable course that human history is taking. Neither could we.

This article appeared on page A – 16 of the San Francisco Chronicle

By former U.S. ambassador to Romania  and Senior Advisor to The Council for Global Equality, Michael Guest