Happy IDAHOBIT!

Happy IDAHOBIT! For this year’s International Day Against Homophobia, Biphobia, Interphobia, and Transphobia, CGE is honored to share this powerful message from Bishop Joseph Tolton. Bishop Tolton is the President and Founder of Interconnected Justice and the Bishop of East Africa for The Fellowship of Affirming Ministries (TFAM). For IDAHOBIT, Bishop Tolton shares his thoughts about the resilient Cosmopolitan Affirming Church in Kenya, which continues to thrive in the face of spiritual violence and a draconian anti-LGBTQI+ bill currently under consideration.

Fleeing for Identity: The Plight of LGBTQI+ Refugees and the Welcome Corps Initiative

The journey of fleeing one’s homeland is riddled with adversity for all individuals. But for those who identify as LGBTQI+, escaping persecution rooted in their sexual orientation or their gender identity/expression adds an extra layer of vulnerability. The myriad significant challenges confronting LGBTQI+ individuals worldwide, compelling them to seek refuge, and the multifaceted issues they encounter in resettlement countries are manifold. However, the United States government’s Welcome Corps program stands as a beacon of hope for many in such circumstances.

A World of Persecution

Globally, nearly 70 countries criminalize same-sex relations, with some imposing the death penalty. This legal landscape fosters a climate of violence, discrimination, and social exclusion, forcing many LGBTQI+ individuals to flee their homes in search of safety and acceptance. In Chechnya, for instance, documented cases of torture and imprisonment of gay men highlight the brutal reality faced by many. Even in countries where same-sex relations are legal, societal prejudice and lack of legal recognition for same-sex partnerships and gender identity can lead to social isolation, economic hardship, and limited access to healthcare, education, and employment.

Many young LGBTQI+ Africans, for example, flee due to a confluence of issues. Underlying political and economic instability is compounded by violently homophobic environments and laws criminalizing their existence. Recent legislation in Nigeria, Uganda, Ghana, and other countries considering a similar path further marginalizes the community, leading to an increased number of queer people seeking refuge. Those who choose to stay and fight for their rights are daily hounded, discriminated against, and targeted by state and non-state actors.

Double Jeopardy: The Challenges of Resettlement

While escaping persecution is essential, resettlement presents its own set of challenges for LGBTQI+ refugees. Historically, members of LGBTQI+ communities who have been able to get into the United States often used the asylum process as a means to access immediate resettlement after fleeing hostile environments. However, despite many of its benefits, navigating the asylum process can be daunting, particularly due to the complex legal frameworks and the burden of proof of persecution based on sexual orientation and gender identity. Unlike refugees fleeing conflict or natural disasters, they often lack the traditional forms of “proof” of danger typically expected, such as documentation of arrest or physical harm. Additionally, cultural and linguistic barriers, coupled with potential discrimination within refugee communities and the receiving society, further complicate integration.

Limited access to culturally competent healthcare, including mental health support, and the lack of a sufficient social safety net further complicate resettlement. Many LGBTQI+ refugees grapple with the trauma of past experiences, often compounded by the anxieties of resettlement. They may have faced rejection from their families, violence from their communities, and limited access to mental health support in their home countries. These experiences can lead to depression, anxiety, and post-traumatic stress disorder (PTSD), further hindering their ability to integrate and rebuild their lives.

Beyond Legal Status: The Social Dimension of Resettlement

Beyond addressing the immediate challenges of legal status and basic needs, fostering a sense of belonging and social inclusion is crucial for the long-term well-being of LGBTQI+ refugees. Feeling safe to express one’s authentic self and having access to supportive social networks are fundamental aspects of successful integration. However, many traditional refugee resettlement programs fall short in this aspect.

The US Welcome Corps: A Beacon of Hope

The United States’ innovative Welcome Corps program, launched in 2022, harnesses the power of community sponsorship to support refugee resettlement. Groups of individuals can directly sponsor refugees, providing vital financial and social assistance during their initial integration. In its first year, the State Department aimed to mobilize 10,000 Americans as private sponsors, welcoming at least 5,000 refugees.

However, identifying LGBTQI+ individuals within the system has proven challenging due to security concerns and confidentiality policies. Despite these hurdles, Rainbow Railroad, a leading civil society partner working with the government on this program, reports LGBTQI+ refugees are beginning to be resettled through the Welcome Corp program. They, along with the Council for Global Equality (CGE) and other partners, have proposed solutions to address these identification challenges. Moreover, the program’s second “naming” phase empowers private sponsor groups to identify LGBTQI+ refugees for referral to the U.S. Refugee Admissions Program, while also supporting those the government has already identified.

The Welcome Corps program holds immense potential for LGBTQI+ refugees, offering a more personalized and culturally sensitive approach to resettlement as compared to traditional models. Sponsors can provide vital support in navigating language barriers, accessing healthcare, and integrating into local communities. This is essential, because many LGBTQI+ people fleeing persecution often leave all they know and loved ones behind before moving to a country where they have no connection or sometimes even no knowledge of its people, culture, and way of life. Competently trained sponsors through the Welcome Corps program play a beneficial role in ensuring that LGBTQI+ refugees who come through the program have the right knowledge and tools for a safe landing and integration into their new home and for the proper rebuilding of their lives.

Recently, the Washington Blade reported on a gay refugee from El Salvador who found resettlement in the Washington, D.C. area through this program. Escaping an environment steeped in extreme and violent homophobia, he left his familial and social ties behind, seeking assistance through a local organization, where he became acquainted with the Welcome Corps program. Upon his arrival in D.C., he was warmly embraced by a cohort of sponsors with whom he was matched through the program. They provided him with essential resources to facilitate his settlement and commence the process of rebuilding his life. CGE’s own Ian Lekus, one of the program hosts for another refugee from Latin America arriving this month, encapsulated their dedication with the statement, “Our group has been working for many months to help an LGBTQI+ refugee restart their life in safety and dignity, and we’re incredibly excited to welcome them to D.C. in April to do just that.” This successful kickoff of the program holds promise.

For organizations like CGE, Rainbow Railroad, and HIAS that are collaborating with the U.S. government to ensure the Welcome Corps program’s effective implementation, the arrival and seamless integration of LGBTQI+ refugees underscore the significance of community-driven approaches to intricate challenges. The Welcome Corps program also exemplifies the power of government action coupled with community support.  Many within the LGBTQI+ community have volunteered their time and resources, and this collective action is vital for the program’s success. As the program grows, more volunteers, resources, and organizations will be needed for sustainability.

The Global Landscape: A Call for Collective Action

Many in the LGBTQI+ community have come forward to show their support for the Welcome Corps program, and in some instances, volunteered their time and resources to help refugees coming through the program. This kind of collective action and community support is very necessary for the success of this program. As the program is technically still in its early days, groups are expecting an increasing number of LGBTQI+ refugees who will be coming through the program and needing help resettling. That means that many more volunteers, groups, resources, and organizations will be needed to carry this program forward to ensure sustainability. You can learn more and to sign up to sponsor a refugee through the Welcome Corps site here. (To specifically sponsor an LGBTQI+ refugee in the United States through Rainbow Railroad, visit this site; for sponsoring an LGBTQI+ refugee in Canada via Rainbow Railroad, click here.)

Moreover, while the Welcome Corps program presents promise, long-term diplomacy and development holds the key to resolving the refugee crisis, particularly considering that not all persecuted LGBTQI+ individuals can flee their circumstances or even want to leave their nations of origin. A concerted and inclusive global strategy is imperative to tackle the underlying causes of persecution and advocate for international protective measures. This entails:

• Advocacy for the global decriminalization of same-sex relationships: Engaging in international diplomacy and fostering dialogue with countries that criminalize LGBTQI+ individuals is crucial. This can involve utilizing international forums and leveraging multilateral channels to advocate for the repeal of discriminatory laws and the upholding of basic human rights for all.
• Supporting local LGBTQI+ organizations in countries of origin: Providing resources and support to LGBTQI+ organizations in countries where individuals face persecution can empower them to advocate for their rights, provide safe spaces, and offer crucial support services to those most vulnerable and in need of support to flee.
• Promoting cultural understanding and combating discrimination: Engaging in public education campaigns and fostering dialogue within refugee communities and broader society can play a significant role in dismantling discriminatory attitudes and promoting understanding and acceptance of LGBTQI+ individuals.

The journey of fleeing as a refugee for LGBTQI+ individuals is a complex and often perilous one. While the Welcome Corps program already shows signs of success and signifies a positive step towards offering support and fostering a sense of belonging in the United States, a multifaceted approach is necessary to address the global challenges faced by the community. By combining innovative resettlement programs with robust advocacy efforts and fostering a climate of global acceptance, we can work towards a world where individuals can live authentically and free from persecution, regardless of their sexual orientation or their gender identity/expression, either in their home of birth or chosen country without the need to become a refugee.

(photos courtesy of Rainbow Railroad)

Global Equality Today: March 2024

As we write here in Washington, D.C., spring has arrived. Clocks have sprung forward, cherry blossoms have just peaked, and pollen allergies are back with a vengeance.

Temperatures aren’t the only thing heating up, though. While it’s only March, we’re effectively moving onto the general election season months before the summer conventions following barely contested primary races in both major parties.

Any election year offers distinct advocacy challenges, but never have we seen one so fraught as this year, where Congress is paralyzed by the extraordinary dysfunction within the House Republican majority. One example of the extremist-driven paralysis comes in the continuing failure to pass a five-year “clean” reauthorization of PEPFAR, despite the program’s extraordinary success and its twenty-year record of bipartisan support. Fortunately, Congress did just approve a clean, one-year extension of the program in its late-night budget deal. That’s not ideal for program management, but we did manage to keep some dangerous riders out of PEPFAR that would have undermined its effectiveness — and its ability to serve LGBTQI+ communities abroad. 

But we continue to work with our allies in the executive branch and on the Hill to promote LGBTQI+ human rights wherever possible. Just this month, CGE members successfully lobbied Congressional allies to strip more than 50 anti-LGBTQI+ riders from the Appropriations bill. The anti-LGBTQI+ forces in Congress did manage to attach one unfortunate provision that is intended to prevent embassies from flying Pride flags during Pride celebrations overseas. But CGE member Human Rights Campaign summed up the situation well, noting in a press release that it was one of the least-harmful of all of the anti-LGBTQI+ provisions and that it does not in any way prevent embassies from actually celebrating Pride.

Indeed, with this new limitation, we challenge the majority of U.S. embassies that do celebrate Pride around the world to rethink their celebrations to move beyond flag-waving events to gatherings designed to honor and support the community in creative new ways. For its part, a White House statement promised to work with Congress to repeal the policy. CGE and our members will remain vigilant, as no doubt, hard-right members of Congress will continue to try inserting anti-LGBTQI+ poison pills into other bills as this increasingly dysfunctional Congress wraps up its pre-election agenda.

PROJECT 2025, LGBTQI+ HUMAN RIGHTS, AND THE AUTHORITARIAN THREAT

It is no exaggeration to say that democracy is on the ballot in 2024, in the United States and around the world. Two billion people — about half of the world’s adult population — will go to the polls this year. Maria Ressa, the Nobel Peace Prize-winning journalist from the Philippines and author of How To Stand Up to a Dictator, has warned that in all likelihood, “2024 will be the year that democracy falls off the cliff.”

Very dramatic words to be sure, but in Indonesia, a former general once banned from the United States for alleged human rights abuses has already won the February presidential election. In Russia, Vladimir Putin used sham polls to further tighten his grasp on power. In India, Narendra Modi, the Hindu nationalist prime minister, is widely expected to win a third term in this spring’s elections. Other key elections coming this year include those taking place in Mexico, South Africa, South Korea, Belgium, Ghana, the European Union, and, potentially, the United Kingdom.

In an op-ed last month, Maria Sjödin, Executive Director of Outright, one of CGE’s member organizations, outlined the implications of these elections for LGBTQI+ people, noting the weaponization of homophobia and transphobia in the campaigns in Russia, Ghana, and South Africa, among other countries.

This weaponization is, of course, front and center in this year’s U.S. presidential, Congressional, and local elections. At CGE, we are working hard to draw attention to Project 2025.

If you haven’t yet heard, Project 2025 is what the Heritage Foundation and its partners are innocuously pitching as “the plan for the next conservative President” of the United States. But as our colleagues at the Global Project Against Hate and Extremism explain far more accurately, “Project 2025 is an authoritarian roadmap to dismantling a thriving, inclusive democracy for all.”

We strongly encourage you to read our blog on Project 2025, and to share it, along with our fact sheet on the particular anti-LGBTQI+ planks of the plan. Additionally, check out Beirne Roose-Snyder, CGE’s Senior Policy Fellow, talking about Project 2025 on the rePROs Fight Back podcast.

Beyond demonizing LGBTQI+ people and looking to eliminate the fundamental human rights of the community, Project 2025 takes aim at numerous rights, populations, programs, and principles: sexual and reproductive health and rights, racial equity, climate justice and environmental policy, public education, so-called “wokeness” in the military, separation of church and state, and much more.

Let’s not mince words: Project 2025’s targeting of LGBTQI+ people and of sexual and reproductive health and rights is inseparable from its overarching goal of dismantling democracy and capturing the U.S. federal government. It is no exaggeration to describe Project 2025’s mandate as eliminationist, as it seeks to erase LGBTQI+ people from public life, from social protections, and from democratic citizenship altogether.

The Republican House majority has certainly demonstrated its willingness to pursue such an eliminationist agenda, as have anti-LGBTQI+ state legislators around the country. The one partial victory they achieved in the appropriations battle was enacting a ban on flying the rainbow flag on the exterior of U.S. embassies — though, as already noted, that measure does not limit embassies organizing Pride events or otherwise supporting in-country LGBTQI+ communities. But this provision also speaks to how authoritarians, at home and around the globe, have weaponized the rainbow flag in their war on democracy and the rule of law.

Over the months to come, we’ll have much, much more to say about Project 2025 and about the highly coordinated, very well-funded anti-rights movement that is targeting LGBTQI+ rights as a wedge for its broader assault on democracy, civil society, and human rights.

LGBTQI+ REFUGEES & ASYLUM SEEKERS

In February, House Republicans defeated the border security deal negotiated between the White House and a bipartisan group of Senators. While there were certainly some positive measures in the deal, from increased staffing to process asylum claims to urgently needed assistance for Ukraine, and while House Republicans rejected the deal for not being sufficiently anti-immigrant, we expressed our fundamental opposition to any changes to immigration policy that would undermine the basic human right to seek asylum and that certainly would be disastrous for LGBTQI+ refugees and asylum seekers.

We want to flag two related pieces from CGE members. First, in an op-ed in The Advocate, Immigration Equality issued its own powerful rebuke to the deal, explaining why it would be lethal for LGBTQI+ asylum seekers. Second, Human Rights First reported on a trip to the U.S.-Mexico border, sharing the stories of refugees directly harmed by U.S. policies, including that of an LGBTQ+ refugee from Ghana terrified of being forced to return — and this was even before the passage of the horrific anti-LGBTQI+ law by the Ghanaian Parliament in late February.

LGBTQI+ HUMAN RIGHTS UNDER THREAT AROUND THE WORLD

Ghana is one of all too many countries where homophobic and transphobic politicians, backed by anti-rights actors from the United States, are pushing discriminatory, hate-fueled legislation to deny even the most basic rights of citizenship to LGBTQI+ people. These laws, whether proposed or actually passed and enacted, all increase anti-LGBTQI+ stigma and violence.

CGE is coordinating closely with activists in Ghana urging President Akufo-Addo to veto the draconian bill passed by Parliament in February; with movement leaders in Uganda petitioning for the Supreme Court there to overturn last year’s Anti-Homosexuality Act; and with advocates in Kenya and elsewhere in Africa working hard to prevent passage of similar bills in their own country.

We also continue to lobby our partners in the U.S. government, at the World Bank, and in like-minded countries to keep up the pressure and not let homophobic and transphobic politicians think they can get away with restricting the fundamental human rights of a vulnerable community. CGE especially appreciates the termination of Uganda’s AGOA status and calls for Ghana’s status to be revoked as well should the new law go into effect. We were also very pleased to see the Treasury Department levy sanctions against the director of Uganda’s prison system:

“Members of vulnerable groups, including government critics and members of Uganda’s LGBTQI+ community, have been beaten and held without access to legal counsel; for example, in a 2020 case, the UPS [Uganda Prisons Systems] denied a group of LGBTQI+ persons access to their lawyers and members of the group reportedly endured physical abuse, including a forced anal examination and scalding.”

This is only the second-known use of Global Magnitsky Act sanctions against a perpetrator for committing human rights violations against LGBTQI+ people, a strategy CGE has long urged Treasury to deploy. We likewise applaud the denial of a visa to Ugandan MP Sarah Opendi (and apparently to many other Ugandan MPs), who called for the castration of gay men and who has been one of the leading supporters of the Anti-Homosexuality Act.

For a deeper dive into the homophobic and transphobic campaigns across the Continent, we encourage you to read our think piece, “Ubuntu for LGBTQI+ Africans,” which argues:

The proliferation of anti-LGBTQI+ laws in Africa constitutes a perilous trend that imperils the lives and freedoms of countless individuals, placing the continent at a disadvantage. These laws contravene fundamental human rights principles, while also undermining democracy and the rule of law. It is imperative that African governments take decisive action to repeal these harmful and discriminatory laws while actively promoting equality and human rights for all.

Meanwhile, Russia continues to push the template for authoritarian regimes using eliminationist tactics as a tool promote the broader suppression of dissent and independent civil society. Building upon the 2013 and 2022 so-called “propaganda” laws, the Russian Supreme Court declared “the international LGBT movement” to be “an extremist organization,” thus conflating any pro-LGBTQI+ statements with terrorism. Already, one woman has been jailed for wearing rainbow earrings under the new court ruling, and earlier in March, two employees of a gay bar were charged with “extremism” for organizing and hosting drag shows. CGE is continuing to partner with Russian LGBTQI+ activists to draw attention to the crisis facing the country’s queer community, and we are urging U.S. government partners to use all tools possible to prevent copycat legislation in other countries as was the case for the “propaganda” laws.

In Central Asia, the Biden Administration is seeking to develop closer security partnerships and economic relationships with the five former Soviet republics strategically located between Russia, China, and Afghanistan. As it does so, we continue to press our Administration partners to insist that improving the abysmal situation for LGBTQI+ people and for human rights and civil society more broadly in Central Asia must go hand-in-hand with closer trade ties.

THE WAR IN GAZA AND ISRAEL

More than five months since the catastrophic attacks of October 7^th, CGE continues to mourn the pain and suffering from those brutally victimized by Hamas, as well as the Palestinian civilians who have been harmed and killed in the Israeli response. We call out all attacks on civilian populations as grave violations of human rights and humanitarian law.  

We further call on the U.S. government to support an immediate ceasefire in Gaza and Israel, and to support sufficient and unhindered humanitarian corridors to Gaza to prevent greater harm to civilians. We urge the United States to ensure that U.S. military and financial support are not used for the collective, retaliatory punishment of Palestinians, including journalists, children, and other vulnerable groups. We also call on the U.S. government to work for a negotiated release of all the hostages currently in Gaza as an immediate priority. 

CGE Co-Chair Julie Dorf published her own personal reflections on the war, having grown up in a “staunchly Zionist environment,” visiting Israel and Palestine numerous times, and wrestling over the years with anti-Semitism and Islamophobia, pinkwashing, war and oppression, and what justice can look like. We likewise encourage you to share her essay and offer your own observations.

EMBASSY GUIDE

In our fall 2023 newsletter, we spotlighted the updated and expanded edition of CGE’s Accessing U.S. Embassies: A Guide for LGBTQI+ Human Rights Defenders, our resource for helping international partners understand and access U.S. embassies and missions and build and maintain productive working relationships with U.S. diplomatic and development staff around the world. This guide, originally released in English in June, is now also available in Spanish, French, and Arabic as well.

CELEBRATING OUR PARTNERS

To wind down on a happy note: we’ve just celebrated some amazing LBTQ+ activists for International Women’s Day, and we’re preparing to recognize equally remarkable trans and nonbinary advocates for Transgender Day of Visibility later this week.

While the forces pitted against equality and human rights for LGBTQI+ communities are growing stronger and more connected in many regions of the world, we also saw two heartwarming victories for marriage equality in Japan earlier this month. And as CGE member organization Amnesty International noted, “[b]y recognizing that the government’s ban on same-sex marriage is unconstitutional, these rulings make clear that such discrimination has no place in Japanese society.” Equality, too, is on the march and discrimination has no place in any society, we just have to remember to look for it and celebrate it, even as we fight back against the forces of hate and extremism.

Weaponization of the Pride Flag

As we celebrate Human Rights Day on December 10^th, we are happy to see the continuing progress of our movement, as more and more governments, civil society organizations, and everyday citizens understand how LGBTQI+ rights are human rights.

At the same time, however, we are confronting the global rise of authoritarianism, a trend that encompasses regressive leaders from Russia, Uganda, and Egypt to Florida, Texas, and Tennessee. Reactionary officials and activists are attacking LGBTQI+ rights as a wedge to more broadly undermine democracy, civil society, and human rights for all.

Just the other week, the Russian Supreme Court declared the international LGBTQI+ movement to be “extremist.” Amnesty International warned the accompanying blanket ban on LGBTQI+ advocacy risks “far reaching violations of the rights to freedom of association, expression and peaceful assembly, as well as the right to be free from discrimination.”

(caption: Istanbul, Türkiye, June 2013: Nearly 100,000 people attend LGBT Pride in Istanbul’s Taksim Square, marking the largest LGBT pride ever held in the country.)

One alarming and disheartening phenomenon has emerged in this backlash: the weaponization of the rainbow flag by individuals and groups harboring homophobic and transphobic sentiments who perceive the advancement of LGBTQI+ rights as a threat. What has long been a symbol of liberation and pride for the LGBTQI+ community has now also become a target for those who seek to undermine progress in the ongoing struggle for equal rights.

Historically, rainbow flags have represented a myriad of identities, beliefs, and struggles, spanning centuries and encompassing diverse cultures such as Andean indigenous societies, Buddhism, and the peace movement. However, in contemporary society, the rainbow flag predominantly symbolizes love and community within the LGBTQI+ community. Originally conceived as a beacon of hope, unity, and the fight for equality and acceptance, it has grown into a powerful emblem of the LGBTQI+ movement, symbolizing diversity and inclusion.

Regrettably, some individuals and groups have chosen to co-opt and weaponize this symbol of liberation, thereby using the rainbow flag to promote division and discord. This weaponization is rooted in a complex web of fears, primarily stemming from homophobia, transphobia, and broad apprehensions regarding societal change.

A notable victory for LGBTQI+ rights recently occurred in Mauritius when the Indian Ocean nation decriminalized homosexuality. Mauritius is the latest bright spot in this trend, as LGBTQI+ groups in various countries have pursued legal remedies to address violations targeting their community and to repeal archaic colonial-era laws that criminalize their existence and perpetuate discrimination. While some of these legal battles have led to major victories and the reshaping of society, others have triggered severe backlash, unveiling the multifaceted threats the LGBTQI+ community faces.

Simultaneously, an all-encompassing attack on the queer community continues globally through various means, from physical violence, arbitrary arrests, and state-sponsored legislation aimed at curtailing LGBTQI+ rights to a direct assault on queer culture. In many countries, the rainbow flag has been repurposed as a weapon against the LGBTQI+ community. Even the simple yet radical act of raising the rainbow flag in celebration of Pride has incited vicious backlash and violent government crackdowns against the community with deadly consequences.

The poignant case of Sarah Hegazi exemplifies the fragility of LGBTQI+ lives and underscores the deadly consequences that LGBTQI+ individuals face. Her act of raising the rainbow flag in excitement at a 2017 concert in Cairo resulted in her arrest by the Egyptian government on false charges, culminating in a three-month incarceration under horrifying conditions. Although Hegazi was eventually granted asylum in Canada, the emotional and psychological toll was already exacted, ultimately leading to her to take her own life three years later. This heart-wrenching incident serves as a stark reminder of the profound dangers, both immediate and long-term, that LGBTQI+ individuals confront.

At the heart of these issues lie homophobia and transphobia, the irrational fear and hatred of LGBTQI+ individuals. As societal attitudes evolve towards greater acceptance and inclusion, some individuals perceive these changes as a direct threat to their beliefs and values. Social media platforms often serve as conduits for vitriol and derogatory terms such as “alphabet people,” further contributing to the marginalization of the LGBTQI+ community.

Members of the LGBTQI+ community who boldly live their lives openly or have signs of the rainbow on their social media accounts often report harassment online and hate-filled messages from homophobes and transphobes. These hostilities extend to physical violence, including the burning of rainbow flags and the dismantling of queer safe spaces. Murals painted in rainbow colors on behalf of Sarah Hegazi have even been erased or defaced by individuals who take offense at the rainbow flag and harbor disdain for the LGBTQI+ community.

Moreover, politicians worldwide have exploited fear and animosity towards the LGBTQI+ community for political gain. By positioning themselves as defenders of so-called traditional family values, they have deliberately painted the rainbow flag as a symbol of opposition to everything they stand for, artificially creating a dichotomy between “traditional” and “progressive” values. This situation holds immense significance and danger, as it underscores a form of democratic erosion.

The weaponization of the rainbow flag often coincides with efforts to undermine democratic principles, leading to the enactment of anti-LGBTQI+ policies in certain countries, which suppress the rights of LGBTQI+ individuals and curtail freedom of expression, all driven by the fear of expanding LGBTQI+ rights. This trend raises serious human rights concerns, as LGBTQI+ individuals are disproportionately subjected to discrimination, violence, and persecution. The weaponization of the rainbow flag exacerbates an already hostile environment, further endangering their safety and well-being, occasionally resulting in tragic outcomes, as in the case of Sarah Hegazi.

In the United States, a troubling trend has emerged within this year’s appropriation bills in Congress. Virtually every appropriation bill proposed in the House of Representatives has contained a provision that explicitly prohibits the display of the Pride flag at embassies or federal government buildings. A stand-alone bill in Congress, supported by 45 cosponsors, also aims to formalize this prohibition at U.S. government facilities, although it has not received a vote or a hearing and will hopefully die in committee.

Despite these anti-LGBTQI+ legislative proposals, a noteworthy defiance exists among most U.S. embassies worldwide, as they continue to stand in solidarity with democracy and human rights advocates by disregarding Congress’s attempted restrictions and proudly flying the Pride flag every June. However, this situation sends a potentially contradictory message and could begin to have a chilling effect on embassy engagement with LGBTQI+ communities, even if the anti-Pride flag regulations are never enacted into law.

In an additional distressing development, private companies have become targets due to their association with LGBTQI+ content. In Malaysia, the government has banned products deemed as LGBTQI+-related, specifically targeting rainbow-themed Swatch watches, asserting that they are detrimental to morality. Similarly, the government of Saudi Arabia is intensifying its crackdown on rainbow-colored toys and products in shops in the country’s capital.

Furthermore, Netflix and Hulu recently faced cyberattacks perpetrated by a Sudan-based group of hackers identifying themselves as “Anonymous.” These groups harbor not only a vehement aversion to the LGBTQI+ community but also to any manifestation of queer culture. Their objectives, apart from diminishing the community itself, encompass broader political aims to undermine human rights advancements that benefit LGBTQI+ people. Links between these groups and the Russian government’s anti-LGBTQI+ propaganda law and state-backed moral panic have been documented, suggesting a broader pattern of oppression and erosion of LGBTQI+ human rights.

The weaponization of the rainbow flag represents a disconcerting trend that poses not only a threat to LGBTQI+ rights but also to democratic values and human rights at large. This issue, rooted in homophobia and fear of societal change, has far-reaching consequences, culminating in the erosion of democratic principles and the endangerment of LGBTQI+ individuals. Vigilance and advocacy are essential to counter this troubling phenomenon, as it stands at the intersection of prejudice, political manipulation, and human rights abuse. Addressing this multifaceted challenge necessitates a concerted effort from global society to ensure the continued advancement and protection of LGBTQI+ rights, standing as a testament to the enduring struggle for equality and acceptance.

The Pride flag, as a symbol of hope and freedom, not only signifies LGBTIQ+ equality but also reinforces the understanding that LGBTQI+ rights are human rights. As Ambassador Nichols aptly stated in an OpEd in a newspaper in the Bahamas explaining why U.S. embassies fly the Pride flag, the flag is ultimately a symbol of universal, indivisible human rights, and of the diversity of the LGBTQI+ community and of the United States itself.

In moving forward, it is imperative that embassies not only insist on flying the Pride flag but also continue to reach out to support LGBTIQ+ communities actively and meaningfully across the globe. Prioritizing education and empowerment for LGBTIQ+ individuals will foster increased awareness and contribute to greater acceptance and tolerance within society. On Human Rights Day and every day, this commitment reflects a collective stride towards equality, inclusion, and human rights for all.

Ubuntu for LGBTQI+ Africans

In recent years, several African nations have enacted legislation to expand the criminalization of homosexuality. These laws pose a grave threat to the lives and freedoms of LGBTQI+ individuals across the continent. These laws not only contravene fundamental human rights principles but also erode democratic values and the rule of law, perpetuating stigma and discrimination against marginalized communities. Notable cases of such anti-LGBTQI+ legislation include Uganda, Kenya, Ghana, and Nigeria, with far-reaching consequences for both LGBTQI+ individuals and the overall socio-political landscape of these nations.

Following the passage of one of the world’s most punitive anti-LGBTQI+ laws in Uganda, Kenyan Member of Parliament George Kaluma commended Uganda’s efforts, ominously signaling Kenya’s intent to embark on a similar path. Despite the existence of colonial-era penal codes already criminalizing homosexuality — codes that remain prevalent in post-colonial societies, especially among Commonwealth members — lawmakers in numerous African countries are unwavering in their pursuit of extending the criminalization of LGBTQI+ activities. This endeavor seeks to suppress any advancements made by the LGBTQI+ community and forestall the recognition of rights based on sexual orientation or gender identity and expression.

For many LGBTQI+ individuals in these countries, who already endure hostile environments due to religious intolerance, disinformation about their identities, threats of violence from non-state actors, and state-sanctioned discriminatory legislation, the escalation of criminalization compounds an already precarious situation. In Uganda, the infamous Anti-Homosexuality Act was enacted in 2014, imposing life imprisonment for same-sex acts. Although subsequently overturned by the constitutional court on procedural grounds, the damage had been done. LGBTQI+ individuals were subjected to harassment, violence, and discrimination, with many fleeing the country in fear. Even after the law’s repeal, the government continued its crackdown on LGBTQI+ rights, leading to the arrest and intimidation of activists. Tragically, Uganda’s president signed an even more oppressive anti-LGBTQI+ law this year, exacerbating the plight of community members and prompting the still-unfolding mass exodus of LGBTQI+ individuals facing an uncertain future.

Regrettably, Uganda’s situation has had a ripple effect on neighboring East African nations. Despite the harsh conditions reported in the Kakuma refugee camp in Kenya, it continues to shelter many LGBTQI+ individuals fleeing Uganda, hoping for a better life through resettlement by the United Nations High Commissioner for Refugees (UNHCR). However, Kenyan lawmakers are currently pushing for even more severe anti-LGBTQI+ legislation. Kenya has an extensive history of anti-LGBTQI+ laws, with the penal code prescribing penalties of up to 14 years in prison for same-sex activity. In 2019, the country’s high court upheld this law, citing cultural and religious beliefs. LGBTQI+ individuals in Kenya face daily discrimination and violence, with many living in secrecy. Kenyan lawmakers seeking to expand criminalization and enact new anti-LGBTQI+ legislation aim to emulate Uganda’s repression, further marginalizing LGBTQI+ refugees.

Ghana has also witnessed a surge in anti-LGBTQI+ sentiment, culminating in a new bill that criminalizes same-sex marriage and LGBTQ+ advocacy; as of this writing, this bill has passed the first of three required readings. This legislation has garnered widespread condemnation from human rights groups and activists who assert that it flagrantly violates basic human rights and undermines Ghana’s democratic and legal foundations. Nevertheless, many proponents of this draconian law have received significant support in a country where LGBTQI+ individuals are socially isolated and often scapegoated for political gain. Ghana’s predicament is not isolated, as Africa grapples with a continent-wide trend of expanding criminalization spearheaded by both local policymakers and well-funded lobbies from the Global North.

Similarly, Nigerian lawmakers have successfully enacted the anti-same-sex marriage prohibition act (SSMPA), another one of the harshest anti-LGBTQI+ laws on the continent, imposing penalties of up to 14 years in prison for same-sex activities. Like Ghana, Uganda, and Kenya, Nigeria’s colonial-era penal code already criminalized same-sex marriage and other activities deemed “against the order of nature.” LGBTQI+ individuals in Nigeria face daily discrimination and violence, often living in fear or exile. However, since the implementation of SSMPA, violence and state-sanctioned arrests continue to escalate, leaving many LGBTQI+ people living in constant fear, hindering public health efforts to provide them with essential information, treatment, and care.

The ramifications of Nigeria’s situation have had adverse effects on neighboring countries where LGBTQI+ individuals already face criminalization. Reports of violence against LGBTQ+ people are on the rise in West Africa, with some incidents documented on social media to incite fear within the community. Cameroon has also witnessed a recent surge in violence against the LGBTQI+ community, rendering many transgender individuals in particular unable to seek refuge in Nigeria.

At a fundamental level, these laws not only contravene basic human rights principles but also subvert democracy and the rule of law, perpetuating stigma and discrimination against an already marginalized community. They fragment local communities, encourage vigilantism, leading to mob violence and injustice, and run counter to the principles of inclusive development necessary for fostering thriving and prosperous societies. Furthermore, these laws have a chilling effect on civil society and the media, which often face intimidation and harassment when speaking out against them.

The efforts to expand criminalization — and, indeed, the perpetuation of existing colonial-era penal codes throughout much of Africa — run counter to the essence of Ubuntu, the concept often championed by Nelson Mandela. At its core, Ubuntu signifies reciprocity, the common good, peaceful relations, the primacy of human dignity, and the sanctity of human life, along with tolerance, and mutual respect.

Last month, on August 8, the World Bank announced a suspension of new public financing for Uganda until the effectiveness of measures implemented in response to Uganda’s new Anti-Homosexuality Act has been evaluated. While existing projects and funding will continue, this measure signifies a temporary halt on new projects pending a satisfactory outcome. Critics, including the Ugandan government, have accused the Bank of imperialism, ignoring the Bank’s anti-discrimination rules adopted after its Safeguards review, encompassed within the Environmental & Social Framework for IPF Operations, particularly those pertaining to Sexual Orientation and Gender Identity (SOGI). The Bank’s stance is unequivocal: discriminatory laws and policies are at odds with its core values and impede efforts to enhance the lives of ordinary Ugandans.

The success of international development initiatives hinges on the inclusion of all, irrespective of race, gender, sexual orientation, or gender identity. This holds true not just for Uganda but for every nation dedicated to improving the well-being of its populace. Thus, these countries must urgently repeal their anti-homosexuality laws and refrain from further endeavors to expand criminalization to ensure the continued success of their public health programs and overall development.

The U.S. government has signaled its intent to respond in kind. Following Uganda’s enactment of the AHA, President Biden swiftly indicated a review of Uganda’s eligibility for the African Growth and Opportunity Act (AGOA), along with potential sanctions and entry restrictions to the United States. Simultaneously, the Council for Global Equality (CGE) urged the Biden administration to halt funding for the homophobic government and other entities, impose individual sanctions on those responsible for the draconian law in Uganda, and provide direct support to endangered members of the Ugandan LGBTQI+ community. Similar appeals have been made by various domestic and international organizations, aligning with local Ugandan groups’ demands.

Furthermore, it is fallacious to argue that anti-LGBTQI+ laws are seldom enforced and therefore pose minimal risks and dangers. The laws are being actively enforced — as thoroughly documented by Ugandan activists. Moreover, the moral panic, arbitrary arrests, extrajudicial violence, widespread fear, and chaos ensuing after the enactment of new anti-LGBTQI+ laws bear testament to their immediate adverse impact and the hostile environment they foster, a deliberate outcome sought by the proponents of such laws.

Additionally, the assertion that African countries face complex challenges like poverty, thus relegating LGBTQI+ issues as low priorities, is equally misguided. While it is true that Africa confronts multifaceted challenges, governments must avoid exacerbating the vulnerabilities of those most affected by these issues. According to the United Nations Joint Program on HIV/AIDS (UNAIDS), inequalities not only harm individuals but also hinder progress against AIDS, reducing the efficacy of HIV investments and jeopardizing millions of lives.

The phenomenon of “brain drain” resulting from these inequalities is particularly significant. Many LGBTQI+ youth are uprooting their lives, leaving their home countries in search of safety, acceptance, and opportunities to thrive as their authentic selves. Some have no other choice but to flee and seek refugee protection abroad if they hope to survive to adulthood. The specific economic and developmental ramifications of this brain drain on African nations remain uncertain due to the absence of comprehensive data. Nevertheless, some estimates suggest that Africa incurs approximately $2.0 billion in annual losses through brain drain in the health sector alone.

As more African youths depart the continent in droves for various reasons, including persecution based on their sexual orientation and gender identity, this trend undermines Africa’s development efforts and is unsustainable. As Akinwumi Adesina, President of the African Development Bank, aptly notes, “the future of Africa’s youth does not lie in migration to Europe; it should not be at the bottom of the Mediterranean; it lies in a prosperous Africa.” To achieve developmental goals despite the challenges, Africa must harness the potential of all its citizens and create a secure, inclusive society that welcomes everyone, including vulnerable groups like LGBTQI+ individuals.

To genuinely uphold democracy and the rule of law, African governments must repeal these harmful and discriminatory laws. They must also take concrete actions to protect the rights of all individuals, irrespective of their sexual orientation or gender identity. This entails addressing discrimination and violence against LGBTQI+ individuals, promoting education and awareness about LGBTQI+ issues, and ensuring the freedom of civil society and the media to advocate against discrimination while championing equality and human rights. Collaboration with international development partners is crucial to ensuring that no one is left behind, regardless of their sexual orientation or gender identity and expression.

The proliferation of anti-LGBTQI+ laws in Africa constitutes a perilous trend that imperils the lives and freedoms of countless individuals, placing the continent at a disadvantage. These laws contravene fundamental human rights principles, while also undermining democracy and the rule of law. It is imperative that African governments take decisive action to repeal these harmful and discriminatory laws while actively promoting equality and human rights for all.

Revoke Uganda’s AGOA Benefits Now

June 22, 2023 – The Council for Global Equality met this month with Ambassador Katherine Tai, the U.S. Trade Representative, to call for the suspension of Uganda from the African Growth and Opportunity Act (AGOA), which provides duty-free trade access to U.S. markets for qualifying African countries. The appeal is based on the severe and still-escalating persecution of the country’s LGBTQI+ community.

Ugandan President Yoweri Museveni signed into law in May the most draconian piece of legislation targeting LGBTQI+ individuals anywhere in the world, a law that requires reporting of suspected LGBTQI+ persons and creates the legal foundations for mass atrocities. The new law significantly increases already harsh criminal penalties to life in prison or death, and it now even criminalizes those who advocate for the rights of LGBTQI+ persons with 20 years in prison and even those who rent housing or local accommodations to them with 7 years in prison. Under the law, corporations now must report suspected LGBTQI+ employees and customers to the authorities for criminal investigation. This new legal framework is genocidal in its intent, and it clearly contravenes the ideals that animate the AGOA trade framework.

Initially enacted in 2000 to support economic growth and development in Africa, AGOA qualifying countries must demonstrate progress in developing market-based economic policies, securing the rule of law, combating corruption, and protecting human rights. Countries that qualify automatically receive preferential trade access to U.S. markets. But the qualifications are intended to be strict. President Biden terminated preferential benefits in December 2021 for Ethiopia and Mali on human rights grounds, and several other countries have previously been terminated on rule of law grounds. Cameroon, Equatorial Guinea, and Eritrea also remain suspended over human rights concerns.

The Council welcomes President Biden’s statement after the Ugandan law was signed that the Administration will consider the impact of the law in its review of Uganda’s AGOA eligibility. Senator Ron Wyden, Chair of the Senate Finance Committee, has also called on President Biden “to immediately suspend Uganda’s AGOA benefits, and work with our allies to remove similar benefits until Uganda repeals its cruel anti-LGBTQI+ law and improves its record on human rights, corruption and rule of law.” In April, Senator Wyden also wrote to Ambassador Tai and Secretary Antony Blinken with a similar request.

The ban on duty-free imports from Uganda would likely have the most impact in the coffee sector. Coffee bean sales represent the country’s second-largest source of foreign exchange income. It will also send a clear signal to investors and international markets: the message that Uganda is not open for business. Indeed, to emphasize that point, Secretary Blinken has directed the State Department to update U.S. travel and investment warnings for American citizens and U.S. businesses in the context of the new law.

Now is the time for the Biden Administration to stand firmly for human rights and the LGBTQI+ community in Uganda by terminating all of the country’s benefits under AGOA.

A Rainbow or a Shadow over the White House Summit for Democracy II?

by Susan Dicklitch-Nelson, Mark Bromley, Erin Hallenbeck, and Erin Maxwell

On March 29 and 30, more than 100 invited countries will convene in Washington for the second White House Summit for Democracy. Attending nations are expected to share democratic values and norms and embrace fundamental universal human rights principles. However, many have failed to do so, especially when it comes to protecting some of their most vulnerable citizens: lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) people.

In fact, 60% of invited countries have earned a failing grade on the 2022 LGBTQI+ Human Rights Report Cards (HRRCs).  The report cards, created by the F&M Global Barometers in partnership with  The Council for Global Equality, measure the extent to which countries provide legislative protection for their LGBTQI+ citizens. Countries are scored on three dimensions: Basic Rights, Protection from Violence, and Socio-Economic Rights. The 30 items of the report card grade countries from an A for “Excellent” (90-100%) to an F for “Failing” (0-59%).

Only four of the 100+ Summit attendees received an A score for “Excellent”: Malta, Greece, Canada, and Uruguay. Malaysia and Nigeria have the unenviable distinction of earning zero on their report cards, while Dominica, Ghana, Indonesia, Malawi, Maldives, Senegal, Solomon Islands, and Tonga all follow closely behind at 3%. Overall, 47 Summit countries improved their LGBTQI+ score from 2020, while eleven countries experienced a decline in their HRRC scores. 52 countries experienced no change over the two-year period.

Angola and Barbados saw significant improvements, including a 30% increase in Angola’s score, which reflects both countries’ decriminalization of same-sex relationships and the related improvements in the security context. Chile saw a 20% increase and the United States a 17% rise because of Chile’s introduction of same-sex marriage and the improved legal landscape for trans, intersex, and non-binary citizens in both countries.

Recent attacks on LGBTQI+ people have cast an ominous shadow over the year of action and the invited democracies. Transgender rights are under attack across the United States. (Indeed, the improved U.S. score reflects improvements at the federal level even as state legislatures are debating and, far too often, passing hundreds of transphobic bills.) Ghana, which already criminalizes homosexuality, has a cross-party group of MPs advancing a bill that would criminalize gender identity and intersex corrective therapy and imprison any person or group seen as promoting LGBTQI+ identities. In Zambia, one of the five countries that will host regional meetings of the Summit for Democracy on March 30, four women were recently arrested for “holding a march against gender-based violence that police claim was used to ‘champion homosexuality.’” Zambia earned a grade of 7% from 2020 to 2022 on the HRRCs. Lawmakers in Kenya have proposed a dangerous anti-LGBTQI+ bill that is suspiciously similar to Ghana.  And Uganda didn’t earn an invitation to the Summit for Democracy, but its parliament just passed one of the most aggressive anti-LGBTQI+ bills anywhere, which awaits its president’s signature.  

Still, there are other notable advances. Nine countries instituted a ban on so-called gay conversion therapy, and eight countries strengthened their freedom from arbitrary arrest based on sexual orientation and gender identity. Gender identity and intersex rights have also improved in several places: Chile banned medically unnecessary, non-consensual surgical interventions and New Zealand removed barriers to legal gender recognition. While Kenya maintains its criminalization of homosexuality, it passed a landmark ruling in 2022 that granted equal rights and recognition to intersex people.

Legislation is not the sole indicator of how successful a country has been in protecting its most vulnerable citizens, but it is an important first step in guaranteeing that LGBTQI+ individuals have the same rights as their heterosexual counterparts. If countries believe in democracy, they cannot ignore legislative protections for their LGBTQI+ citizens, which are a baseline safety net to ensure that LGBTQI+ individuals have an opportunity to participate as equal citizens in their country’s democracy. When 25 participants in the Summit still criminalize homosexuality, and thus deny full rights to a vulnerable set of citizens, how can they be truly considered to be democratic?

However, democracy, citizenship, and human rights are not only about laws. What happens when we compare the lived LGBTQI+ human rights reality with the legislative reality?  Based on a six-question survey launched in the summer of 2022, the F&M Global Barometers LGBTQI+ Perception Index (GBPI) is the first truly global study of the lived human rights reality of the LGBTQI+ community worldwide. The survey focuses on safety, acceptance, police harassment, violence, safety in gathering, and discrimination. The survey measures the global LGBTQI+ population and the magnitude of the responses (over 167,000), and in doing so, it reveals the lived realities of LGBTQI+ people as juxtaposed with the legislative reality.

For example, although both Ghana and the United States earned a grade of “F” on their Report Cards, Ghana scored 34% on the GBPI and the United States scored a 70%. Malta scored a 100% (A), but its GBPI score was a 79% (C).

In reverse, Japan scored higher on the GBPI (74%) than on the HRRCs – a failing grade of 30% – because Japan has no specific laws in place to protect LGBTQI+ people from violence or socio-economic discrimination. While 30% is not a particularly high mark, it shows that despite the lack of legislative protections, LGBTQI+ people in Japan perceive their realities to be better than the legal protections they are denied.

Comparing perception with the reality of legislation shows that the health of a democracy is closely linked to how a society protects its most vulnerable populations, including LGBTQI+ people. While no country scored an “A” on the GBPI, all of the highest scoring GBPI countries, with the exception of Czechia and Malta, are categorized as “full” democracies according to the Economist Intelligence Unit’s Democracy Index (2022).

The lowest-scoring nations are considered “flawed” or “hybrid” democracies, with the exception of those not scored by the EIU, and Iraq, which is classified as “authoritarian.” Our data tells us that the healthier the democracy, the better the lived human rights realities for LGBTQI+ individuals. The inverse is equally true: where LGBTQI+ citizens report a greater sense of safety and security, democracy itself is stronger and more inclusive.

We encourage you to watch the March 22 discussion, Advancing Inclusive LGBTQI+ Citizenship Globally, that we hosted with the Carnegie Endowment for Peace, featuring Tamara Adrían, a lawyer, professor, and former lawmaker at the National Assembly of Venezuela (2016-2021); Mark Bromley, Co-Chair of the Council for Global Equality; Victor Madrigal-Borloz, the U.N. Independent Expert on Protection from Violence and Discrimination Based on Sexual Orientation and Gender Identity; Jessica Stern, the U.S. Special Envoy to Advance the Human Rights of Lesbians, Gay Men, Bisexuals, Transgender, Queer, and Intersex Persons; and moderator Dan Baer, the Senior Vice President for Policy Research and Director of the Europe Program at the Carnegie Endowment for International Peace.

To view the complete results of the LGBTQI+ Human Rights Report Cards and F&M Global Barometers LGBTQI+ Perception Index, visit www.lgbtqiperceptionindex.org.

Giving Voice to LGBTQI+ Africans at the Upcoming U.S.-Africa Leaders Summit

Starting on December 13, the Biden Administration will host leaders from across Africa at a Washington, D.C. summit to promote diplomatic and economic cooperation. The framing of the summit recognizes that Africa is a continent long neglected but teeming with a large and vibrant youth population, where both opportunities and challenges are abundant.

In hosting the U.S.-Africa Leaders Summit, the Biden Administration plainly states that “Africa will shape the future — not just the future of the African people, but of the world. Africa will make the difference in tackling the most urgent challenges and seizing the opportunities we all face.”

One of those challenges, both for the United States and for Africa’s 54 countries, is to recognize that governments are failing their LGBTQI+ citizens.

Legal protections for LGBTQI+ individuals are deficient in all corners of the world, as demonstrated by the Franklin & Marshall College Global Barometers (FMGB), which tracks human rights protections for LGBTQI+ persons in 204 countries and regions. Here in the United States, more than 200 bills were introduced at the state and local level just this year to deny rights to LGBTQI+ individuals. Many of these bills have sought to deny transgender youth access to gender-affirming healthcare or to prevent LGBTQI+ topics from being discussed in public schools. And now, just weeks after a violent attack that left five people dead and dozens injured at a gay nightclub in Colorado Springs, the Supreme Court will decide if anti-discrimination laws are at odds with the First Amendment.

Our efforts to protect our LGBTQI+ citizens must then be tied with the rest of the world’s and guided by humility. So, as the U.S. prepares to welcome African heads of state, we must remind all parties that the legal reality on the African continent is stark. Every country in North Africa and more than half of those in Sub-Saharan Africa criminalize LGBTQI+ relationships; Mauritania, along with several northern Nigeria states that use shariah law, proscribes the death penalty for same-sex relations. And now, ominously, several more countries are currently debating new laws that would add additional penalties or further deny LGBTQI+ citizens their basic rights to freedoms of association and expression.

There have been recent bright spots to be sure, including a successful court challenge that struck down Botswana’s sodomy law in 2019 as an unconstitutional relic of colonialism. But in many parts of Africa, intolerance is increasing, and new laws designed to further persecute LGBTQI+ individuals are proliferating.

Earlier this year, the Council for Global Equality and the Franklin & Marshall College Global Barometers teamed up to create the Global Barometers LGBTQI+ Perception Index (GBPI)* and measure the lived realities of LGBTQI+ individuals around the world by asking six simple questions about how safe and secure they feel and whether they have experienced discrimination and violence. The results are calculated on a grading scale from 0-100%, with A being the highest and F the lowest.

These results were deeply concerning. No country received an A grade, with Iceland scoring the highest grade of B (86%). The United States scored a C (70%) on our scale. No African country scored above a D, and most African countries scored well within our F range. It must be noted that we were not able to reach enough members of the LGBTQI+ community in several African countries to make the data statistically meaningful, but what data we do have in those countries paints an equally bleak picture.

The GBPI data for Africa reinforce what we’ve long suspected. The African countries with the highest scores on the GBPI, meaning LGBTQI+ citizens in those countries report the highest levels of safety and inclusion, are countries that have decriminalized LGBTQI+ expression: Angola, Botswana, and South Africa. Mauritius comes next, and while homosexuality remains criminalized on the island nation, there is currently an active case challenging the sodomy law before the country’s supreme court. South Africa, which has Africa’s most protective legal landscape and even enshrines in its constitution rights based on sexual orientation, has the continent’s highest perception scores.

It is not a surprise, then, that the reverse also seems to be true. Countries with the worst perception scores — that is, those where LGBTQI+ citizens report the lowest levels of safety and inclusion — are also the countries with recently passed or currently pending laws that increase penalties and further limit the basic rights of LGBTQI+ individuals. These include:

• Ghana, which is debating a draconian new law to criminalize organizations and even average citizens who defend or in any way support LGBTQI+ persons;
• Nigeria, which passed a bill in 2013 that criminalizes LGBTQI+ associations and human rights advocacy as part of a sweeping assault on same-sex marriage; and
• Uganda, which adopted one of the continent’s harshest anti-LGBTQI+ bills in 2014, only to have it struck down by the constitutional court on a technicality. Ugandan authorities then adopted another harsh anti-LGBTQI+ law as part of the Sexual Offences Bill of 2019, and more recently, have banned one of the leading LGBTQI+ organizations in the country and are rumored to be considering a new version of the 2014 “anti-homosexuality” bill.

These recent anti-LGBTQI+ bills pile on new restrictions and harsher sentences in countries that already criminalized their LGBTQI+ citizens. They are, in a sense, recriminalizing already harshly penalized LGBTQI+ communities for domestic political theater.

The case of Ghana is particularly concerning. Ghana scores high marks on most democracy indicators, which usually correlates to a better legal framework for LGBTQI+ communities. But in the case of Ghana, we see the opposite. Anti-LGBTQI+ forces are exploiting a vibrant democratic system to introduce draconian laws that scapegoat LGBTQI+ minorities. If the LGBTQI+ community really is the canary in the coal mine, the future of human rights and democracy in Ghana must surely be questioned.

At next week’s U.S.-Africa Leaders Summit, it’s essential to talk about the rights of the continent’s LGBTQI+ citizens. We know how much the words of heads of state matter: whether explicit or implicit, such elite cues play a key role in framing a political culture that either protects or persecutes members of marginalized groups.

So, will LGBTQI+ Africans be embraced as full citizens, fully able to contribute to the social and economic life of their communities? Will their dignity, human potential, and economic contributions be recognized? Or will LGBTQI+ Africans continue to serve as political scapegoats, attacked as convenient cover for the broader assault on democracy and civil society? Will they remain criminalized — or even be recriminalized — under cruel laws grounded in the continent’s colonial past and in the modern-day anti-rights movement?

The answer to these questions will likely be a powerful indicator of the future of Africa — and of the world.

One future leads to a safer and more prosperous continent that is integrated into a global society. The other entrenches dangerous autocracies and democratic decline that will gradually but systematically undermine the rights and opportunities of all citizens, heterosexual and LGBTQI+ alike.

To embrace prosperity and equality, the United States and the 49 African governments that are participating in the Summit  all have a long way to go in providing full citizenship to their LGBTQI+ citizens. This begins by rescinding existing anti-LGBTQI+ laws and preventing the enactment of new ones. But just as importantly, we must listen to the voices of LGBTQI+ persons if we are to build inclusive societies where LGBTQI+ citizens are embraced and encouraged to contribute to vibrant and prosperous democracies.

*The full results of the Global Barometers Perception Index (GBPI) are forthcoming in early 2023 and will be available on www.lgbtqiperceptionindex.org. To view the Global Barometers of Gay Rights (GBGR) and the Global Barometer of Transgender Rights (GBTR), visit www.fandmglobalbarometers.org. For questions about the F&M Global Barometers, please contact gbgr@fandm.edu.

The above graph illustrates the LGBTQI+ lived realities based on Questions 1, 3, and 4 of the Global Barometers LGBTQI+ Perception Index (GBPI) survey. The survey was open for three months from June to September 2022. Specifically, the questions asked LGBTQI+ people how safe they felt living as an LGBTQI+ person in their country; how fearful they felt of being arrested, harassed, or blackmailed by security forces/police because of their LGBTQI+ status; and how likely they were to be a victim of violence due to their sexual orientation or gender identity.

This graph displays the lowest and highest scoring African countries on the Global Barometers Perception Index (GBPI) in comparison with the scores from the Global Barometer of Gay Rights (GBGR) (2020), the Global Barometer of Transgender Rights (GBTR) (2020) and the Economist Intelligence Unit’s (EIU) Democracy Index (2021). For the GBPI, countries with a response size under 30 were omitted from the data. To learn more about the EIU’s Democracy Index, visit https://www.eiu.com/n/campaigns/democracy-index-2021. 

©F&M Global Barometers

Remarks opposing a UN General Assembly Amendment to Delay the Mandate of the UN Independent Expert on Sexual Orientation and Gender Identity

Ambassador Samantha Power
U.S. Permanent Representative to the United Nations
U.S. Mission to the United Nations
New York City
December 19, 2016

AS DELIVERED

Thank you, Mr. President. The United States will vote “no” on the amendment proposed by the African Group to delay part of the report by the Human Rights Council, and we strongly encourage other countries to join us in rejecting this amendment.

You have heard, and may hear more, so-called procedural arguments made by other countries for adopting this amendment. These arguments are unsubstantiated, unjustified, and unprecedented.

The UN Human Rights Council currently has 57 mandate holders under special procedures – 43 on thematic issues, and 14 on countries or territories. Yet never before has the General Assembly sought to challenge a special procedures mandate holder after it has been appointed and is fully functioning.

The supporters of this amendment say that they have concerns about what they call the “legal basis” for the mandate for the Independent Expert on Sexual Orientation and Gender Identity. On the surface, raising concerns about one out of the more than a hundred resolutions adopted this year by the Human Rights Council may not seem like such a big deal. But for the General Assembly to seek to open the Human Rights Council’s report over the contents of a single resolution – a resolution creating a mandate that is squarely within the Council’s authority – would set a hugely problematic precedent.

In previous years, the purpose of this General Assembly resolution has been simply to “take note” of the Human Rights Council’s annual report. Were this amendment to be adopted, it would, going forward, be fair game for the General Assembly to open up and re-litigate resolutions that have long history of going into effect immediately. That would undermine the authority, the independence, and the efficiency of the Human Rights Council.

In addition to setting this dangerous procedural precedent, this amendment is deeply flawed on the merits. The proponents of the amendment argue in their explanatory note that their reason for seeking a delay was that, “there is no international agreement on the definition of the concept of ‘sexual orientation and gender identity.’” That is patently false. The issue of violence or discrimination based on sexual orientation and gender identity is well established and well understood. It has been referred to in resolutions and statements adopted by the Human Rights Council, the UN Security Council, and the UN General Assembly. It has been the focus of nearly 1,300 recommendations under the Universal Periodic Review, leading to recommendations that have been accepted by more than 100 UN Member States, including several of the countries that proposed this amendment. And it has been addressed repeatedly by various regional bodies, including the Organization of American States, the European Court of Human Rights, and the African Commission on Human Rights and Peoples’ Rights.

In reality, this amendment has little to do with questions around the definition of sexual orientation and gender identity. Instead, this amendment is rooted in a real disagreement over whether people of a certain sexual orientation and gender identity are, in fact, entitled to equal rights. And it is being driven by a group of UN Member States that believe it is acceptable to treat people differently because of who they are or who they love.

For our part, the United States believes that discriminating against people on the basis of their sexual orientation and gender identity is no different from discriminating against people for the color of their skin, for discriminating against them because of their sex, or because of their nationality. It is wrong. Such discrimination cuts against the very essence of the UN Charter and the Universal Declaration of Human Rights. This is not an issue of the North trying to impose its values on the South; it is an issue of respecting the dignity and human rights of all people, everywhere. That is what we mean when we say that LGBTI rights are universal human rights.

The United States also believes that the resolution creating the Independent Expert to address violence and discrimination based on sexual orientation and gender identity is well-merited by the facts on the ground. For who here today would argue that LGBTI people are treated equally around their world, or that they are not subject to violence and discrimination? Nobody can argue that on the basis of the facts. This is a world we live in which, according to a report issued in 2015 by the UN High Commissioner for Human Rights, “the overall picture remains one of continuing, pervasive, violent abuse, harassment, and discrimination affecting LGBT and intersex persons in all regions…often perpetrated with impunity.” A world today in which it is still considered acceptable in certain places to throw people off of the rooftops of buildings, or to prevent them from forming a local organization, or to deny them a seat in a classroom – simply because of who they are or who they love. In that world – in our world, the world of today – we have every reason to want an independent expert to monitor and seek to prevent violence and discrimination based on sexual orientation and gender identity.

That includes addressing the issue right here in the United States. For while LGBTI people no longer have to hide who they love to serve in our nation’s military or our Foreign Service – people in the United States can still be fired from a job because of their sexual orientation, and an estimated four in every 10 transgender people in America attempt suicide – approximately 30 times the national average. We, too, have seen our share of horrific violence against LGBT people. As many of you will remember, on June 12 of this year, a gunman attacked innocent civilians at a nightclub in Orlando, Florida, killing 49 innocent people. These individuals were targeted simply because they were LGBT people.

Let me close. One of the victims in that attack was 32-year-old Christopher Leinonen, who, as a teenager, was brave enough to be the only student to come out of the closet in his high school of 2,500 people. Christopher endured taunts, harassments, and even threats for telling people who he was and for founding his school’s first gay-straight alliance.

Tell me, why would any Member State stand in the way of trying to prevent violence like the attack at that Orlando nightclub?

If you believe that people should not be discriminated against, or harassed, or attacked, or killed for who they are and for who they love, please join the United States in voting against this amendment. Thank you.

###

Related Content: 

U.N. committee again rejects motion to suspend LGBT watchdog (Washington Blade)

African States Narrowly Fail to Stop UN Gay Rights Envoy Work (Voice of America VOA)

When The U.S. Backs Gay And Lesbian Rights In Africa, Is There A Backlash?

Photo: Ben Curtis/AP

Repost from NPR

Everyone knew President Obama would say something about gay rights when he made his visit to Kenya last summer. Many American activists were pressing him to publicly condemn Kenya’s colonial-era law making homosexuality a crime.

But Kenyan gays and lesbians were wary. In the weeks leading up to Obama’s visit, Kenyan politicians took to the airwaves to assert their anti-gay bona fides. Deputy President William Ruto gave a guest sermon in a church to announce that Kenya “had no room” for homosexuality. As the vitriol increased, so did the incidents of violence, from assaults to rape.

“That was the most tense [period] in our life, before Obama came,” says John Mathenge, the director of a community center and health clinic in Nairobi called HOYMAS — Health Options for Young Men with HIV/AIDS and STIs. His clinic usually averages 50 visitors a day; in the weeks before Obama’s arrival there were no more than 2 or 3. “People weren’t even coming to collect their ARVs [anti-retroviral medication] because they feared they were going to be attacked.”

It wasn’t just Kenyans who were worried. OutRight Action International, a New York-based not-for-profit that advocates for LGBT rights around the world, took the position that President Obama should not mention gay rights when he visited Kenya.

“LGBTI rights have become a political lightning rod,” explained OutRight director Jessica Stern. Though the organization is devoted to pressing for gay rights overseas, she urged the U.S. government to push for “substance over symbolism” — that is, working behind the scenes to improve the legal and social climate for LGBT people rather than issuing too many public pronouncements that could be seen as finger-wagging and that could compromise the efforts of local activists. “We know it’s very easy for LGBTI Africans to be discredited as Western,” she said. (The acronym is a version of LGBT and stands for “lesbian, gay, bisexual, transgender and intersex.”)

Over the last four years, the American government has engaged in an ambitious campaign to defend the rights of gay and lesbian people overseas, especially in Africa, where the majority of countries outlaw homosexuality and anti-gay sentiment remains strong. But African activists struggle with the double-edged sword of American support. While they say that U.S. attention has given a needed boost to their movement, the protection of an outsider can complicate the path to true acceptance. Continue Reading at NPR