India: Supreme Court Revisits “Sodomy” Law

LGBTI-Activists-Mumbai

LGBT rights activists in Mumbai, India cover themselves with a rainbow flag after the Supreme Court announced on February 2, 2016 that it would hear an appeal of its 2013 decision that upheld a discriminatory law criminalizing same-sex relations. © 2016 Reuters

Repost from Human Rights Watch

India’s Supreme Court agreed on February 2, 2016, to hear an appeal of its2013 decision that upheld a discriminatory law criminalizing same-sex relations, Human Rights Watch said today. The Indian government should file an affidavit with the court to set aside the country’s “sodomy” law and uphold the fundamental rights of lesbian, gay, bisexual, and transgender (LGBT) people.

“The Supreme Court has provided real hope to LGBT people in India by agreeing to review its 2013 ruling that favored discrimination over equal rights for all,” said Meenakshi Ganguly, South Asia director at Human Rights Watch. “The Indian government should seize the opportunity and weigh in to make clear that discrimination, harassment, and other abuses of LGBT people have no place in contemporary society.”

The law, section 377 of the Indian penal code, punishes “carnal intercourse against the order of nature” with up to life in prison. The law had been struck down in 2009 by the Delhi High Court, which said the law was a violation of fundamental rights to equality, nondiscrimination, life, and personal liberty guaranteed by the Indian constitution. The court had noted how criminalization of same-sex relations had a negative impact on the lives of LGBT people. Continue Reading at Human Rights Watch.

Related Content: 

Gay prince welcomes SC decision on section 377

A Rethink on India’s Gay-Sex Law

HHS is First Federal Agency to Prohibit Discrimination in Services in Overseas Contracts

As of February 1, 2016, all foreign entities that enter into contracts with the U.S. Department of Health and Human Services (which includes the National Institutes of Health and the Centers for Disease Control and Prevention) are prohibited from discriminating on the basis of sexual orientation and gender identity in the provision of services. HHS is the first of the federal agencies involved in foreign assistance to prohibit discrimination in services for LGBT populations abroad. The Council for Global Equality congratulates HHS on this first step and looks forward to other federal agencies involved in foreign assistance following this lead.

The Federal Register noted this new ruling in late 2015, but it was fully implemented throughout the agency as of February 1.

LGBT Human Rights and Foreign Policy

The Council for Global Equality posted a series of four blog posts on LGBT human rights issues and foreign policy over the past week. The posts touch on public diplomacy, national values, the current Administration’s actions and the lack of discussion of human rights during this presidential election cycle. Below is roll up of all four posts with links to the full postings.

The Place of Human Rights The Place of Human Rights

Another new year. Another chance to put things right. For the Council for Global Equality, that means elevating the place of human rights – including those of LGBT, intersex and other vulnerable minorities – in America’s foreign policy. Continue Reading 


LGBT Human Rights in U.S. Foreign Policy

LGBT Human Rights in U.S. Foreign Policy

A December 20 New York Times story alleged that U.S. attention to discrimination and hate crimes against LGBT people in Nigeria had worsened, in fact, their plight. Others – including the State Department, Ugandan LGBT rights defenders Frank Mugisha and Adrian Jjuko, and Nigeria’s LGBT rights community – already have pointed out the flaws in that article. Continue Reading.


Governments and Human Rights Governments and Human Rights

The Council pays particular attention to the role that foreign governments play, or fail to play, in preserving and advancing the rights of their LGBT citizens. In our own country, we’ve seen how policies pursued by this President have helped empower greater respect and protections for LGBT persons. The same could happen in many countries abroad. Continue Reading.


Matters of the Heart Matters of the Heart

Our country increasingly has come to terms with the need for fairness toward LGBT Americans – and few have questioned the premise that LGBT human rights abuse, like all human rights abuse, must be challenged. Continue Reading.

Matters of the Heart

Matters of the Heart - The Council for Global EqualityOur country increasingly has come to terms with the need for fairness toward LGBT Americans – and few have questioned the premise that LGBT human rights abuse, like all human rights abuse, must be challenged.

But as we enter this election year, we’re disappointed to see how little discussion there’s been of human rights in either party’s presidential campaign. Fair treatment of human beings is, after all, common to many religious traditions, and it seems to us important that both major political parties regularly reaffirm the importance our country attaches to the protection of human rights for all.

Even more, we’re deeply concerned that the inflamed Republican primary rhetoric over immigration and refugees is harming our country’s image as a beacon of hope in today’s troubled world. It’s hardly a partisan comment to ask that both parties reaffirm our country’s proud tradition of welcoming those who flee persecution. Nor is it partisan to ask that those who call for the protection of Christian refugees from abuse and injustice show equal concern for the plight of LGBT refugees, who are among those most negatively impacted by wars across the Middle East.

We will continue to press the Obama Administration toward policies that assure the wellbeing of LGBT people worldwide – and we hope it will be eager to reach as broadly positive a legacy in this respect as possible. But we also want that legacy to carry over to a new Administration – one in which the new President, from whichever party, speaks to America’s strength as a nation of bright compassion, not as a nation of fear, and distrust, and hatred.

2016 will be crucial from both respects: an administration that can leave behind a powerful legacy of standing for fairness and equality, and an electoral cycle that should reaffirm those principles, rather than shrinking from their embrace. We ask that all of those who value liberty and equality, and who are committed to notions of fairness, make this a year of progress on both accounts.

Governments and Human Rights

Governments and Human RightsThe Council pays particular attention to the role that foreign governments play, or fail to play, in preserving and advancing the rights of their LGBT citizens. In our own country, we’ve seen how policies pursued by this President have helped empower greater respect and protections for LGBT persons. The same could happen in many countries abroad.

Moving the needle on respect for LGBT people is a process, of course. Governments must play a role in that process – in molding attitudes, not just reflecting them, and in forming policies that promote and reinforce cross-society acceptance and cooperation. We believe all governments – ours yes, but also those of every other country, friend and foe alike – should be held accountable for:

  • The tone that governing officials’ homo- or trans-phobic public rhetoric sets within society;
  • Failure to redress legally sanctioned discrimination or bias-motivated crimes against LGBT individuals;
  • The degree to which LGBT individuals are accorded equal access to services and opportunities, including health care, employment, education, and housing;
  • Whether LGBT civil society organizations are able to register and function unimpaired;
  • The prevalence of transgender-specific violence, abuse, and documentation issues, particularly in cases involving government action or inaction.
  • Abuse of government and police powers, e.g. the use of tangential laws regarding loitering to arrest or detain LGBT individuals arbitrarily; the use of foreign agent or tax laws to place disproportionate restrictions on LGBT civil society; physical abuses by police, prison, and hospital officials; and bribery solicited by such officials in order either to provide services or to avoid abusive treatment; and
  • The media climate in which LGBT rights are explained to and understood by the public, particularly when government-sponsored or –influenced media outlets are involved.

In addition, we should work with countries to understand intersex issues as a related set of human rights concerns. In this context, governments must be held accountable for policies or practices that unnecessarily and adversely impact the childhood development and adult health and sexuality of intersex persons. Appropriate government officials, including our own, must also enter into a new dialogue with intersex persons to identify best practices in the diagnosis, treatment and lifelong support for intersex health.

We know that the U.S. does not run the world by fiat. But we also recognize our responsibility, as citizens of a country that wields outsized influence in the world, to ensure this influence is put to positive use. We therefore hold our government accountable for encouraging foreign counterparts to guarantee the conditions in which the promise of the Universal Declaration can be realized for all citizens.

If fault is to be found in U.S. human rights policy, it certainly isn’t in our country’s attention to LGBT human rights, as the December 20 New York Times article alleges. Nor is it in failing to listen to the voices of local activists, as the Times article also suggests has been the case: to the contrary, we’ve found this Administration very much attuned to those local voices in framing its diplomatic dialogue and actions.

The fault we find, rather, is in this Administration’s lack of consistency in showing that human rights matter – and that deliberate abuse of those rights damages the fabric of our bilateral relationships.

Across this Administration’s tenure, the Council has urged that actions by foreign governments that abridge the human rights of any minority group automatically trigger a measured review of how those actions might impact U.S. programs in-country and, of consequence, potential U.S. policy responses.

We know, of course, that U.S. policy goals in any given country sometimes compete against each other. But if support for human rights is a principle, neither it nor its deterrent value should be shunted aside when inconvenient – not even when Nigerian oil contracts, Pacific trade deals, or terrorism concerns are in play.

We also see an urgent need for greater Administration transparency in the funding it provides for LGBT and other human rights programs, and in how those programs are evaluated. The State Department and USAID are embarrassingly far apart in how they measure their LGBT-related programming dollars – no doubt a contributing factor to the highly inflated, erroneous figure of $700 million reported in the New York Times. And unfortunately the World Bank and other multilateral development funders have yet to institute mechanisms needed to include LGBT minorities – who are so often denied basic livelihoods and excluded from the economic life of their own country – in the development opportunities that Bank programs are intended to promote.

Common counting practices, clear programmatic goals, and honestly reflective measurements of program results are basic to good governance.

LGBT Human Rights in U.S. Foreign Policy

theplaceofhumanrights-cge-blogA December 20 New York Times story alleged that U.S. attention to discrimination and hate crimes against LGBT people in Nigeria had worsened, in fact, their plight. Others – including the State Department, Ugandan LGBT rights defenders Frank Mugisha and Adrian Jjuko, and Nigeria’s LGBT rights community – already have pointed out the flaws in that article.

We found especially unfortunate the Times article’s failure to recognize that a country’s foreign policy must be rooted in national values – and that if we are to stand for human rights, that stand must be made on principles, not on convenience. As such, we cannot prioritize one set of rights or one persecuted group above another. As a corollary, nor can we remain silent when any one group is persecuted.

For over 100 years, advancing human rights has been a U.S. foreign policy goal. That goal achieved particular prominence during the administration of Franklin Roosevelt: his wife Eleanor, known as an outspoken human rights advocate, chaired the committee that drafted the Universal Declaration of Human Rights and gave birth to the modern human rights movement.

The Obama Administration’s advocacy of LGBT human rights is part of that proud tradition. At heart, the Administration’s policy simply reaffirms the Universal Declaration’s namesake principle that no part of humanity – no individual, no minority group – can be excluded from the promise of fundamental human rights. Making that promise explicitly applicable to LGBT people in Nigeria and other countries where LGBT lives and liberties are under vicious attack isn’t a mistake – indeed, failure to do so would be the shameful mistake. Speaking out against injustice is sound and principled policy. It should be a mark of pride for all Americans and for each successive Administration after President Obama leaves office.

The Place of Human Rights

The Place of Human RightsAnother new year. Another chance to put things right.

For the Council for Global Equality, that means elevating the place of human rights – including those of LGBT, intersex and other vulnerable minorities – in America’s foreign policy.

The year of 2015 brought incredible progress on LGBT rights around the world. Marriage equality was won here in the United States as well as in Mexico and Ireland; Malta passed the world’s most protective law for transgender and intersex citizens; and Mozambique got rid of its colonial-era anti-sodomy law once and for all.

Yet challenges and dangers continue to confront LGBT people. ISIS continues to hunt down and kill suspected LGBT individuals in its territory. Refugees fleeing persecution last year reached a new post-World War II high, with LGBT refugees among the most vulnerable of them. And from Russia to Egypt, a broad array of countries continue to deny rights to their own LGBT citizens while leading the charge at the United Nations to deny human rights to LGBT individuals everywhere.

We enter the last full year of the Obama Administration with pride and respect for what our country has helped accomplish to ensure that LGBT people are no longer excluded from universal human rights protections. A White House conference last year identified new opportunities for our embassies to respond to escalating violence against LGBT persons globally. A new U.S. Special Envoy for the Human Rights of LGBTI Persons is mobilizing diplomatic efforts to challenge LGBT human rights violations and to build alliances in the quest for equality. And last year, the Administration sought to build a case for global support for LGBT refugees fleeing targeted persecution, including through the first-ever briefing on that topic for the UN Security Council in August.

Perhaps most important, the Obama Administration last year leveraged our public diplomacy and development tools as never before to promote citizen exchanges, highlight the voices and messages of local LGBT leaders and help fund LGBT organizations to promote global equality. The President himself spoke in support of LGBT rights in many of his travels abroad. These efforts, amplified by our investments in educational and development opportunities through USAID and the State Department’s growing Global Equality Fund, bear witness to the Obama Administration’s unprecedented commitment to equality for LGBT individuals everywhere.

If we are to hold other governments accountable for how they honor and safeguard the rights of their LGBT citizens, we must continue to push our own towards even greater consistency and impactful actions. Over the next two weeks, we will set forth the expectations we hold of our own government in this regard.

The steps that are – or aren’t – taken in 2016 will etch the final and most compelling stories of this Administration’s human rights legacy. Then it will be up to us, the human rights community, to hold the next Administration accountable to this country’s proud tradition of standing up for universal human rights at every turn.


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