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Georgia president refuses to sign anti-LGBTQ+ bill

Georgian President Salome Zourabichvili refused to sign a highly controversial ‘Family Values and the Protection of Minors‘ bill on Wednesday passed by the country’s parliament to significantly curtail the rights of LGBTQ+ individuals.

The bill, which passed with overwhelming parliamentary support, seeks to ban same-sex marriage, prohibit adoption by same-sex couples, restrict gender-affirming care, and limit public expressions of LGBTQ+ identity, including media portrayals and public Pride events. This reflects a broader conservative shift in Georgia’s political climate. Sponsored by the ruling Georgian Dream party, the bill is framed as protecting “traditional family values,” a slogan that has gained popularity among nationalist and pro-Russian factions within the country. The proposed restrictions closely resemble anti-LGBTQ+ legislation in Russia, which has served as a model for conservative lawmakers in Georgia.

The controversial law conflicts with Georgia’s constitution which guarantees equality and non-discrimination under Article 14, and any law that specifically targets a minority group, such as the LGBTQ+ community, could face challenges in court. In addition, Georgia is a signatory to several international human rights treaties, including the European Convention on Human Rights (ECHR). Under Article 14 of the ECHR, discrimination based on sexual orientation is prohibited, creating a legal conflict between the proposed domestic law and Georgia’s international commitments.

Critics of the bill contend that the instrument will contribute to the further marginalization of the LGBTQ+ community, possibly inciting violence against its members, who are already vulnerable in Georgia. Josep Borrell, High Representative of the European Union (EU) for Foreign Affairs and Security Policy, stated on X (formerly Twitter) that the bill will “increase discrimination and stigmatisation.”

If enacted, the bill could also have broader legal implications for Georgia’s aspirations to join the EU, which has made it clear that respect for human rights, including LGBTQ+ rights, is a prerequisite for membership. By passing legislation that contradicts these principles, Georgia risks stalling or even jeopardizing its path toward EU integration.

To oppose the controversial bill, President Zourabichvili, whose role is largely ceremonial, refused signature, opening up a legal debate about the future of LGBTQ+ rights in Georgia. Although Georgia’s constitution allows President Zourabichvili to send the bill back to parliament for reconsideration, it is expected that the legislative body will ultimately override her decision, given its strong majority in favor of the bill.

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Belarus transgender rights organization says authorities detained over 15 LGBTQ+ individuals

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Belarus transgender rights organization says authorities detained over 15 LGBTQ+ individuals

Belarus transgender rights organization TG House Belarus said on Friday that more than 15 LGBTQ+ individuals, including eight transgender individuals, were detained by the Belarusian authorities in the past month.

According to TG House Belarus, the individuals were arrested in several Belarusian cities for allegedly subscribing to extremist resources. TG House Belarus stated that most of the eight transgender individuals were charged for hooliganism and two individuals were charged for pornography. The organization also stated that the detainees were subjected to physical and psychological abuse and some were forced to flee the country.

On February 19, Prosecutor General of Belarus Andrei Shved announced that the Belarus government had been preparing a bill that would punish the promotion of what they deemed to be non-traditional relationships. He stated that it was important to not allow the discussion of the topic and that opponents were attempting to destroy traditional family values and, by extension, Belarus as a nation.

Relatedly, on August 5, the Council of the EU announced that existing sanctions would extend to 28 new individuals for participating in “ongoing internal repression and human rights violations in Belarus.” The 28 individuals, who were listed in a regulation on July 16, included Belarusian government officials, operators of correctional institutions, and members of the state-run media.

EU sanctions against Belarus were initially drafted in response to elections in 2020. The sanctions have been expanded and extended due to alleged ongoing human rights violations and violence against peaceful protesters. The EU stated that the purpose of the sanctions was to “put pressure on Belarusian political leadership to prevent further violence and repression.”

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UN humanitarian team expresses concerns over conflict-related sexual violence rise in Sudan

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UN humanitarian team expresses concerns over conflict-related sexual violence rise in Sudan

The UN Humanitarian Country Team (HCT) in Sudan on Thursday expressed concerns over the rise in conflict-related sexual violence in Sudan.

According to the team, reports from Khartoum and Al Jazira showed that an increasing number of girls and women were abducted and subjected to rape, sexual capacity, and forced marriage. The HCT stated that food insecurity and water scarcity contributed to sexual exploitation and that the number of individuals who sought gender-based violence case management services rose by 288 percent in the first seven months of this year. In addition, the team stated that an increasing number of boys and men were subjected to sexual violence.

The HCT said that the use of sexual violence as a war weapon breached human rights and international humanitarian law. The team urged all parties to the conflict to cease violent acts and conform to their legal obligations under international humanitarian law. The team also called on Sudan authorities “to take immediate action to safeguard the lives, dignity, and well-being of women, girls, men and boys, sexual violence survivors, and female humanitarian workers.”

The UN issued a dire warning on September 8 about the worsening crisis in Sudan, emphasizing the devastating impact of ongoing conflict and the inadequate international response. World Health Organization Director-General Tedros Adhanom Ghebreyesus reported that over 20,000 people have died since the conflict began in April 2023.

The conflict, a struggle between the Sudanese Armed Forces (SAF) and the paramilitary Rapid Support Forces (RSF), has created the world’s largest internal displacement crisis. Over 10 million people have been displaced from their homes in Sudan, including two million who are seeking refuge in neighboring countries. The conflict has ravaged Sudan’s infrastructure and health system, leaving 70 to 80 percent of the country’s healthcare facilities non-operational. Over 25 million people—more than half of Sudan’s population—are facing acute food insecurity.

On July 28, Human Rights Watch revealed an extensive report on sexual violence perpetrated by the RSF in Khartoum. The report highlighted that under international law, acts such as rape, forced marriage, or forced pregnancies constitute torture or war crimes and may also be considered crimes against humanity if committed as part of a widespread and systematic attack on a civilian population. The report also noted that international humanitarian law stipulates that access to healthcare and healthcare facilities must be protected in wartime.

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Malawi court dismisses case to legalize same-sex relationships

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Malawi court dismisses case to legalize same-sex relationships

Malawi’s Constitutional Court on Friday dismissed the case of two applicants seeking to legalize same-sex relationships, marking a significant setback for LGBTQ+ rights in the country. The three-member judge panel, consisting of Justices Joseph Chigona, Chimbigzani Kacheche and Vikochi Chima, delivered their ruling after six hours of deliberation.

The judges ruled that the applicants failed to demonstrate that the laws in challenge specifically discriminated against homosexual individuals. The court also maintained that it is the role of the parliament to review and amend these laws if deemed necessary. The court’s decision means that the criminal proceedings against both applicants will continue in the lower courts.

The applicants, Dutch national Jan Willem Akster and Malawian transgender woman Jana Gonani, challenged the constitutionality of sections 153, 154 and 156 of Malawi’s Penal Code. These provisions criminalize “indecent practices between males” and “unnatural offenses,” carrying penalties of up to 14 years in prison. The applicants argued that these laws violate their rights to privacy and dignity as enshrined in the Malawian Constitution and international human rights law. They therefore sought to have the court declare the penal code provisions unconstitutional, citing discrimination and persecution of LGBTQ+ individuals in Malawi.

Gonani initially challenged her conviction in February 2022 with support from the Nyasa Rainbow Alliance, a Malawian LGBTQ+ rights organization. She was arrested in September 2021 in Mongochi after an altercation and was subjected to a genital examination by a male officer before being placed in a male holding cell. On December 23, 2021, she was convicted under colonial-era laws and sentenced to eight years in Blantyre Prison, one of Malawi’s most overcrowded men’s prisons.

Reacting to the judgment, Gonani’s lawyer Bob Chimkango expressed disappointment but acknowledged the court’s position. He stated, “We will review the judgment and advise our client on whether to appeal.”

Amnesty International and other human rights organizations have condemned the ruling. Amnesty International’s Deputy Regional Director for East and Southern Africa Khanyo Farise described the decision as a “bitter setback for human rights in Malawi.” Farise emphasized that the ruling contradicts Malawi’s constitution, the African Charter and international human rights law, all of which prohibit discrimination.

Farise stated, “The court’s refusal to overturn these laws means LGBTQ+ persons in Malawi will continue to face discrimination and persecution simply for who they love … This ruling translates to continued barriers in access to healthcare and other social services for LGBTQ+ persons.”

The ruling has drawn attention to the precarious situation of LGBTQ+ individuals in Malawi. The Nyasa Rainbow Alliance has reported increasing threats and abuse, including a raid on their offices in June 2023. The international community has also expressed concern, particularly as Malawi’s decision contrasts sharply with recent progressive rulings in other African nations such as Namibia’s decriminalization of homosexuality earlier this month.

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Turkey’s top court rules in favor of LGBT activist in landmark hate speech case

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Turkey’s top court rules in favor of LGBT activist in landmark hate speech case

Turkey’s Constitutional Court has ruled in favor of a LGBT activist, declaring that a lower court’s refusal to block homophobic content targeting her was a violation of her rights, the Stockholm Center for Freedom reported.

Efruz Kaya, a civil society employee represented by the Media and Law Studies Association (MLSA), had requested an access ban on homophobic news reports published after she appeared in a video for “Trans Day of Remembrance” week in November 2019. Her requests were denied by a penal court of peace, prompting her to appeal to the top court.

The decision is the first of its kind from the Constitutional Court regarding the failure to prevent hate speech against LGBT individuals.

The ruling acknowledges that the rejection of Kaya’s request for an access ban infringed on her rights protected under Article 8 of the European Convention on Human Rights, which ensures respect for private and family life.

The court also concluded that her right to an effective remedy was violated, meaning she was not provided with an adequate legal resolution or recourse to address the harm she suffered.

In November 2019 Kaya participated in a “Trans Day of Remembrance” video. On November 21 and 22 the Yeni Akit, Doğru Haber and İlke news outlets published articles targeting Kaya’s sexual identity. Her request for the removal of these articles was rejected, and subsequent appeals by MLSA lawyers were also dismissed.

The top court approved Kaya’s request to block access to news reports containing derogatory terms such as “LGBT pervert” and “homosexual deviant.” Additionally, the court awarded Kaya TL 10,000 ($310) in non-pecuniary damages.

Homosexuality is not illegal in Turkey, but homophobia is widespread. While there are no official figures, Turkey has slid down the LGBT rights index published by the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA). Last year, it was ranked 47th out of the 49 countries ILGA lists in its Eurasia region.

The increase in hateful rhetoric against LGBT communities in Turkey coincided with President Recep Tayyip Erdoğan’s electoral alliances in recent years with ultranationalist and ultraconservative political factions.

More: https://turkishminute.com/2024/06/04/turkey-top-court-ruled-in-favor-of-lgbt-activist-in-landmark-hate-speech-case/

UN rights office denounces ‘horrendous’ attack on Tanzania transgender activist

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UN rights office denounces ‘horrendous’ attack on Tanzania transgender activist

The United Nations Human Rights Office condemned an attack against transgender woman and activist Mauzinde in Tanzania on Friday, calling it “horrendous.”

Mauzinde, a resident of Rahaleo, was found abandoned in the forest, beaten and with her ears cut. The UN Human Rights office said that she had been “tortured & sexually assaulted by 12 men” and called for “bold action to combat discrimination against #LGBTIQ+ people and other minorities.”

The attack could be a violation of Mauzinde’s rights under international and Tanzanian law. Article 2 of the International Covenant on Civil and Political Rights mandates that “each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind,” such as sex or other status. Furthermore, Principle 2 of the Yogyakarta Principles stipulates that everyone is entitled to enjoy all human rights without discrimination on the basis of sexual orientation or gender identity. Principle 5 also emphasizes that everyone “has the right to security of the person and to protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual or group.”

Additionally, according to Article 13 of the Constitution of the United Republic of Tanzania, “all persons are equal before the law and are entitled, without any discrimination, to protection and equality before the law.”

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