Two Steps Forward, One Step Back for LGBTI Rights in Africa

An asylum seeker from Uganda covers his head with a paper bag in order to protect his identity. (Photo: Jessica Rinaldi, Reuters)

Today, the Ugandan Constitutional Court struck down that country’s Anti-Homosexuality Act, which had been signed into law in February of this year. And earlier this summer, the African Commission on Human and Peoples’ Rights, Africa’s regional human rights body, issued a landmark resolution calling on its member states to respect and protect the human rights of sexual minorities. Meanwhile, however, as friends and family of Cameroonian human rights defender Eric Ohena Lembembe recently gathered to mark the one-year anniversary of his brutal murder, the police investigation remains at a standstill.

Ugandan Anti-Homosexuality Act Struck down on procedural grounds
Uganda’s new Anti-Homosexuality Act imposed harsh penalties for “homosexuality” and “aggravated homosexuality,” and even criminalized “aiding and abetting homosexuality” and promoting homosexuality. A Ugandan LGBTI (lesbian, gay, bisexual, transgender, and intersex) rights group has alleged in ongoing proceedings in U.S. court that American Scott Lively played a central role in lobbying for the legislation.

Ten petitioners, including academics, journalists, human rights groups, activists, and members of parliament from the ruling and opposition parties, challenged the law on several grounds, arguing that it violates the privacy and dignity rights enshrined in the Ugandan Constitution, as well as the right to be free from discrimination and cruel, inhuman, and degrading treatment. They also argued a procedural point, contending the act was adopted unlawfully because parliament lacked a quorum when it voted on the bill.

The Court considered the procedural argument first, and agreed with the petitioners. The five-judge panel ruled that the speaker of parliament acted unlawfully in allowing the bill to come up for a vote, because there were at least three objections that not enough members of parliament were present. “The speaker was obliged to ensure that there was a quorum,” the court ruled. “We come to the conclusion that she acted illegally.” The vote was unlawful, the court concluded, and therefore the act is null and void.

Because the court ruled on procedural grounds, rather than on the merits, the court’s decision does not bar parliament from adopting an identical law in the future. And homosexuality remains a criminal act in Uganda, as it was before the new law was signed. The Ugandan government is considering whether to appeal the decision of the Constitutional Court to the Ugandan Supreme Court.

The Advocates and partners mobilize in wake of Cameroonian activist’s murder
Eric Ohena LembembeUganda is not the only country in Africa where laws, the justice system, and societal homophobia endanger LGBTI people and human rights defenders who work on their behalf. In advance of the African Commission’s 54th Ordinary session in October 2013, The Advocates for Human Rights and its partner organizations, Le Reseau des Defenseurs des Droits Humains en Afrique Centrale (REDHAC), Cameroonian Foundation for AIDS (CAMFAIDS), and L’Association pour la Defense des Droits des Homosexuels (ADEFHO), submitted a report to the African Commission detailing rights violations based on sexual orientation and gender identity (SOGI) in Cameroon.

The report came on the heels of the brutal torture and murder of Cameroonian human rights defender Eric Ohena Lembembe, executive director of CAMFAIDS. Just weeks before his murder, as the report noted, Lembembe had spoken out about the dangers facing human rights defenders in Cameroon working on behalf of LGBTI people:

“There is no doubt: Anti-gay thugs are targeting those who support equal rights on the basis of sexual orientation and gender identity. Unfortunately, a climate of hatred and bigotry in Cameroon, which extends to high levels in government, reassures homophobes that they can get away with these crimes.”

Before the African Commission session, REDHAC and CAMFAIDS also participated in an NGO forum that culminated in an oral presentation to the African Commission and the NGO forum’s adoption of a resolution on violence and human rights violations based on imputed or actual sexual orientation and gender identity. The African Commission’s history-making resolution mirrors the resolution adopted by the NGO forum.

Coalition condemns Cameroonian authorities’ lackluster response to Lembembe’s murder, calls for thorough and fair investigation
The Observatory for the Protection of Human Rights Defenders, along with CAMFAIDS, ADEFHO, REDHAC, Alternatives Cameroon, and MDHC, recently denounced the dysfunctional justice system in the case of Lembembe’s murder. One year after the murder, the investigating judge has summoned only Lembembe’s family members. Authorities never took any photographs or fingerprints at the scene of the crime. The medical certificate indicating the nature of the death does not mention the burns and other obvious injuries visible on Lembembe’s body. In what seems to be an attempt at intimidation, several of Lembembe’s friends and family members were placed in police custody early in the investigation.

Coalition members fear that the attitude of the police and judiciary authorities in the investigation reflects those institutions’ disregard for the respect and protection of LGBTI people’s human rights in Cameroon. “The Cameroonian authorities’ inertia in this case is all the more worrying that it might reinforce the sentiment of impunity of the authors of the crimes and persecutions against LGBTI people, and feed the stigma and discrimination against these people and the defenders of their rights,” added Michel Togue, a Cameroonian lawyer and Legal Advisor for CAMFAIDS.

The coalition renewed its call for Cameroonian authorities to conduct an independent, effective, rigorous, impartial, and transparent investigation in order to identify the perpetrators, bring them before an independent, competent, and impartial court in accordance with international and regional human rights protection instruments, and to apply criminal, civil, and/or administrative sanctions as provided for by the law.

African Commission’s landmark resolution condemns anti-LGBTI violence on the continent, calls for end to impunity
The African Commission’s resolution is particularly timely in light of the breakdown in the investigation into Lembembe’s murder. The Resolution on Protection against Violence and other Human Rights Violations against Persons on the basis of their real or imputed Sexual Orientation or Gender Identity  unequivocally confirms that violence and human rights abuses directed at individuals based on their actual or perceived sexual orientation or gender identity breach the African Charter on Human and Peoples’ Rights. This is the Commission’s first official resolution on the issue of LGBTI human rights.

The Commission expresses alarm at the ongoing violence, abuse, and discrimination against sexual minorities by state and non-state actors as well as the failure of law enforcement to investigate and prosecute the perpetrators. The Commission directs state parties to the African Charter to comply with their obligations to protect all Africans from human rights abuses and violence and urges them to enact and enforce laws to prohibit and punish violence directed at the LGBTI community and its defenders.

Laws and public attitudes in many African countries reflect and foster widespread discrimination based on sexual orientation and gender identity
The African Commission is responsible for setting the human rights standards to be observed by states that have ratified the African Charter on Human and Peoples’ Rights; essentially every African country except South Sudan and Morocco. A significant number of those states outlaw same-sex activity, and African governments continue to enact new repressive legislation, such as the Anti-Homosexuality Act that the Ugandan Constitutional Court struck down today.

In January, the president of Nigeria signed a law that mandates a 14-year prison sentence for anyone entering a same-sex union and a 10-year term for anyone “who supports the registration, operation and sustenance of gay clubs, societies, organizations, processions or meetings.” “Supporters” would include health centers providing treatment and counseling for AIDS and other health concerns as well as civil society organizations and human rights defenders. The potential impact on HIV transmission and treatment alone is tremendous, yet public opinion appears to favor these laws.

According to research conducted by the Pew Research Center, more than 90 percent of the population in Uganda, Nigeria, Ghana, Kenya, and Senegal consider same sex activity “unacceptable,” according to The Global Divide on Homosexuality. Over the past year, reports of mob violence, murder, rape, assault, arbitrary arrests, and detention have increased.

African Commission on Human and People's RightsAfrican Commission Resolution is groundbreaking step toward tolerance
In this context, the resolution is especially meaningful and groundbreaking. Taking a firm stand against the widespread intolerance of non-conforming sexual minorities, the Commission has articulated a legal basis for the protection against discrimination on the basis of actual or perceived sexual orientation or gender identity and advised its member states that their commitments to universal equality under the African Charter require them to respect the human rights of sexual minorities.

The resolution states:

The African Commission on Human and Peoples’ Rights (the African Commission), meeting at its 55th Ordinary Session held in Luanda, Angola, from 28 April to 12 May 2014:

Recalling that Article 2 of the African Charter on Human and Peoples’ Rights (the African Charter) prohibits discrimination of the individual on the basis of distinctions of any kind such as race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or any status;

Further recalling that Article 3 of the African Charter entitles every individual to equal protection of the law;

Noting that Articles 4 and 5 of the African Charter entitle every individual to respect of their life and the integrity of their person, and prohibit torture and other cruel, inhuman and degrading treatment or punishment;

Alarmed that acts of violence, discrimination and other human rights violations continue to be committed on individuals in many parts of Africa because of their actual or imputed sexual orientation or gender identity;

Noting that such violence includes ‘corrective’ rape, physical assaults, torture, murder, arbitrary arrests, detentions, extra-judicial killings and executions forced disappearances, extortion and blackmail;

Further alarmed at the incidence of violence and human rights violations and abuses by State and non-State actors targeting human rights defenders and civil society organisations working on issues of sexual orientation or gender identity in Africa;

Specifically condemns the situation of systematic attacks by State and non-state actors against persons on the basis of their imputed or real sexual orientation or gender identity;

Deeply disturbed by the failure of law enforcement agencies to diligently investigate and prosecute perpetrators of violence and other human rights violations targeting persons on the basis of their imputed or real sexual orientation or gender identity;

  1. Condemns the increasing incidence of violence and other human rights violations, including murder, rape, assault, arbitrary imprisonment and other forms of persecution of persons on the basis of their imputed or real sexual orientation or gender identity;
  2. Specifically condemns the situation of systematic attacks by State and non-state actors against persons on the basis of their imputed or real sexual orientation or gender identity;
  3. Calls on State Parties to ensure that human rights defenders work in an enabling environment that is free of stigma, reprisals or criminal prosecution as a result of their human rights protection activities, including the rights of sexual minorities; and
  4. Strongly urges States to end all acts of violence and abuse, whether committed by State or non-state actors, including by enacting and effectively applying appropriate laws prohibiting and punishing all forms of violence including those targeting persons on the basis of their imputed or real sexual orientation or gender identities, ensuring proper investigation and diligent prosecution of perpetrators, and establishing judicial procedures responsive to the needs of victims.

Adopted at the 55th Ordinary Session of the African Commission on Human and Peoples’ Rights in Luanda, Angola, 28 April to
12 May 2014.

Julie Shelton
Julie Shelton

By Julie Shelton and Amy Bergquist. Guest-blogger Julie Shelton was the team leader on The Advocates for Human Rights’ trip to Cameroon in February 2013. The team conducted a pro bono needs assessment with over 35 Cameroonian organizations that work to promote human rights and rule of law. Shelton led the project to draft the shadow report to the African Commission on LGBTI rights in Cameroon. She was honored for her volunteer work on June 25 at The Advocates’ Human Rights Awards Dinner.

More from The Advocates Post on LGBTI rights in Africa:

Moving Forward: Four Steps and Six Strategies for Promoting LGBTI Rights Around the World

Recent Anti-LGBTI Laws Violate Human Rights

African Commission to Consider Violence Perpetrated Because of Sexual Orientation, Gender Identity

“Look at the details of Eric Ohena Lembembe’s life and you will understand why he died.”

Top photo: Jessica Rinaldi, Reuters

Safety in Everyday Realities

It’s a bright and shiny day in Minnesota, with the temperature working its way into the 70s for the first time in months. It’s a bright and shiny day, too, because Governor Mark Dayton will sign the Safe and Supportive Minnesota Schools Act at a ceremony on the State Capitol steps at four o’clock this afternoon.

The bullying prevention bill arrived on Governor Dayton’s desk this morning, after vigorous debate in the Minnesota House and Senate and thanks to the more than 100 groups that rallied to support the bill.

“We talk about this [bill] being about anti-bullying, and it is. It’s also about positioning Minnesota as a leader in the next generation of education reform,” said Rep. Jim Davnie, the bill’s chief sponsor in the Minnesota House, as reported this morning by the St. Paul Pioneer Press.

After the Governor signs the bill, its political moment will be over. But, this is when the act’s language will meet its real challenges: daily routines and everyday realities. Boisterous and chaotic hallways, lunchrooms, and playgrounds, where small actions can go undetected; quiet locker rooms after most of the kids have gone home; corners of classrooms as teachers help other students; and the lightening-fast expanse of social media, where dozens of kids in any given school are about to post a comment or photo.

We all know that there is work to be done in order to ensure safety in these commonplace interactions and to help students do what is difficult even for adults— to show others respect and to speak up when someone is the target of injustice.

I have worked with many teachers over the years who wanted to learn more about human rights education in order to provide the knowledge, skills, and values that empower young people to stand up, empathize with others, make good decisions, and ultimately create safe spaces and positive environments. They know that such instruction needs to be explicit.

So, too, do our laws. Administrators, teachers, and students need clear guidance and protection. Fortunately, the Safe and Supportive Minnesota Schools Act will help meet this need.

Every child has the right to security of person and to an education. It will soon be time to dig in and do the work that is called for in this bill. I believe that Minnesotans are up to the challenge, and I hope that soon more students will feel safer and more secure as they go about their day.

***

For resources on bullying and other issues affecting students and schools, please see The Advocates’ website dedicated to human rights education, DiscoverHumanRights.org, which includes newsletters on bullying and social emotional learning.

To read how this bill stands to help immigrant and refugee students, turn to The Advocates’ recently released groundbreaking report, “Moving from Exclusion to Belonging: Immigrant Rights in Minnesota Today” that explores the concept of “welcome” in our communities.

The Wild East: Vigilante Violence against LGBTI Russians

LGBT_activist_attacked_in_St.-Petersburg

When I was in high school, U.S.-Soviet “space bridges” were popular: a studio audience of Americans would connect up live with a studio audience in the USSR, and they’d pose each other questions with assistance from celebrity hosts like Phil Donahue and Vladimir Pozner. In July 1986, during a “women to women” space bridge between Boston and Leningrad, a middle-aged Boston woman asked the Soviet audience whether their TV commercials were sexually suggestive, as American ads were. In Leningrad, a blonde woman took the microphone and responded solemnly: “Cекса y нас нет, и мы категорически против этого.” (“There is no sex here, and we are categorically opposed to it.”) You can watch the exchange here:


Her response prompted howls of laughter from others in the Leningrad audience, but the phrase stuck. Even today, you can hear Russians repeat the saying, “In the USSR there is no sex.”

So in the run-up to the Winter Olympics, when the mayor of Sochi proclaimed, “У нас в городе геев нет,” (“In our city there are no gays,”) I’m sure plenty of Russian speakers joined me in a nostalgic chuckle. Russians have long been a bit prudish on matters of sex. But Russia’s new law banning “gay propaganda” reflects more than mere prudishness. It is part of a concerted effort to deny the very existence of Russians who are lesbian, gay, bisexual, transgender, or intersex (LGBTI). And some Russians have taken it upon themselves to actively and openly persecute people who are LGBTI, or who support LGBTI rights.

Times have changed

When I lived in Moscow, from 1990-1992, LGBTI people were generally left alone. One of my good friends, a gay American studying at Moscow State University, wore a pink triangle pin all the time and never faced any negative repercussions. “No one ever bothered me for the triangle or for being gay,” he recalled. “In fact, it seems harder to be gay in Russia now than it was then. Sure it was all sort of underground, but people weren’t all whipped up like they are these days.”

Indeed, much has changed since then. In 1993, the Russian Federation repealed the Stalin-era law criminalizing consensual sexual conduct between adults of the same sex. But in recent years, “anti-gay sentiment has exploded in Russia . . . , fed by economic woes, government corruption, and crumbling infrastructures,” according to the Southern Poverty Law Center.

After the Russian Duma passed laws last summer prohibiting “gay propaganda” and banning some international adoptions to countries that recognize marriage equality, LGBTI advocates in Russia reported a sharp uptick in anti-gay violence.

Vigilante violence incited

Members of Pussy Riot performing in Red Square Photo credit: Denis Bochkarev, Wikimedia Commons
Members of Pussy Riot performing in Red Square
Photo credit: Denis Bochkarev, Wikimedia Commons

The Russian government’s crackdown on dissent has fueled private acts of violence directed at government critics, as well as at LGBTI people and their allies. In Sochi on Wednesday, for example, as members of the performance art collective Pussy Riot prepared to perform, a group of men surrounded and attacked them with traditional Cossack whips. (A Duma member from the Zabaikalsk region of Siberia recently called for a law allowing gays to be publicly flogged by Cossacks.) Pussy Riot has long been critical of the Putin government and has spoken out against the gay propaganda law.

Although the popular Russian social media site В Kонтакте (VK.com)–especially the VK-based online LGBTI teen support group Дети-404 (Deti-404)–can be a lifeline for gay youth, homophobic harassment is commonplace on the site.

With the help of VK and other social media, and spurred by prominent Russians like Putin who repeatedly conflate gay people with child molesters, Russian neo-Nazi groups and other gangs have taken it upon themselves to go on “safaris” to “hunt” gays. Earlier this month, Human Rights Watch released this graphic, disturbing video explaining how some of the vigilante groups operate:

Occupy Pedophilia, one of the neo-Nazi groups featured in the video, claims to have 30 branches and to have kidnapped and assaulted nearly 1,500 gay Russians over the last 18 months. The group asserts that it is targeting child molesters, but most of its targets are young gay men, and anti-gay rhetoric and symbols feature prominently in the group’s attacks. According to the Spectrum Human Rights Alliance, the group uses VK to target teenagers who reply to same-sex personal advertisements. Group members beat up and humiliate their victims, and then question them about their sex lives; despite the group’s purported interest in tracking down pedophiles, they never make references to children in these videotaped interrogations. The group coordinates its attacks and recruits new members through VK, where it has over 90,000 followers and regularly uploads videos showing victims being violently attacked and humiliated. YouTube returns over 23,000 search results for the group.

An ABC news broadcast last week focused on another group that calls itself “Morality Patrol,” which uses a roaming van to videotape people coming and going from a gay bar in Moscow. Then, there’s another group, called “God’s Will,” which calls for gays to be stoned to death.

And there have been other troubling acts of vigilante violence:

Journalist Elena Kostyuchenko Photo Credit: Valerij Ledenev, flickr
Journalist Elena Kostyuchenko
Photo Credit: Valerij Ledenev, flickr
  • At her first gay pride parade in 2011, journalist Elena Kostyuchenko was punched in the skull, causing her to partially lose her hearing. The police detective assigned to her case, who has seen a video of the attack and knows the name of her assailant, asked her lawyer, “Why would she go to the street?”
  • On the subway escalator after the attack, members of “God’s Will” caught Kostyuchenko’s girlfriend in a headlock and punched her five times in the face.
  • In May 2013, a young man in Volgograd was allegedly raped with beer bottles and had his skull smashed after he came out to a group of friends.
  • In June 2013, a gay man was kicked and stabbed to death by a group of friends in Kamchatka; they then burned his body.

“The latest laws against so-called gay propaganda, first in the regions and then on the federal level, have essentially legalised violence against LGBT people, because these groups of hooligans justify their actions with these laws,” Igor Kotchekov, head of the Russian LGBT Network, recently told the Guardian. “[This vigilante violence] is an action to terrorise the entire LGBT community.”

Violent vigilantes enjoy impunity

These Russian anti-gay vigilante groups operate openly, and even post videos of their exploits on social media sites, but Russian authorities don’t seem to take the violence seriously. On the eve of the start of the Sochi Olympics, BBC Channel Four released “Hunted,” a 50-minute documentary about these vigilante groups. The Russian embassy in London lashed out, calling the film part of a “well-engineered campaign of slander” and “hate propaganda” designed to damage Russia’s reputation just before the games.  In noting that the head of Occupy Pedophilia had been arrested and charged with extremism, the embassy appeared to defend the group, saying, “As its name suggests, [it] targets only paedophiles both straight and gay.”

Occupy Pedophilia groups have “so far enjoyed almost total impunity for their treatment of homosexuals. None has been prosecuted and the group even appears to have tacit official support. Edited versions of the gang’s videos have even been broadcast on a local television station.”

(U.S. extremists are also coming to Russia’s defense. Scott Lively, who campaigned for propaganda laws in Russia and other countries, called the Human Rights Watch video a “hoax,” asserting that LGBTI “activists are masters of public deception.”)

In Russia, victims of vigilante violence fear reporting these attacks to the police, knowing they may face even more violence at the hands of law enforcement, and fearing that filing a report will “out” them to family, colleagues, neighbors, or employers. And when they do report the attacks, police dismiss them and say the victims brought the violence upon themselves. According to Kochetkov, of 20 homophobic attacks that were recently reported to the police in Russia, only “four were investigated and only one resulted in a court case.” One attorney representing a victim of a homophobic attack reported that she and her client were attacked by a group of skinheads as they tried to enter the courthouse: “We called the police, but they didn’t come.”

“Gay propaganda” law prompts more Russians to join the vigilante bandwagon

Citizen “complaints” fuel much of Russian authorities’ enforcement of the propaganda law:

  • Timur Isaev trolls social media and uses a videocamera to identify LGBTI people and then report them to authorities. He specializes in tracking down LGBTI teachers, outing them, and getting them fired. He also targets teachers who are LGBTI allies. He also stalked a support group for LGBTI families online, and then reported an upcoming meeting to the police, suspecting a minor would be present. He even tracked down a 14-year-old girl in the small town of Dyatkova after she held a solo demonstration against the propaganda law, and reported her to her school’s principal. The girl was disciplined by a government commission, which threatened to take her to court if she continued to express her views in public. Isaev boasts that he has contacted relatives and school principals of more than a dozen openly LGBTI teens.
  • Vitali Milonov, a local St. Petersburg lawmaker, filed several complaints with authorities about Deti-404 online support group founder Elena Klimova, who faced a potential fine of 100,000 rubles and a shut-down of her site. A district court acquitted her this morning, but Milonov has vowed to appeal the decision.
  • A teenager in Arkhangelsk complained to authorities after seeing online images of an activist’s protest in Kazan, over 1,000 kilometers away. The teenager said he was prompted by his father, who was bitter because his wife had left him for another woman. The activist was fined 4,000 rubles.
  • A group of parents in Smolensk is charging their children’s school with violating the propaganda law because a teacher of 7- and 8-year-olds last Friday encouraged her students to make Valentine’s Day cards for each other, and said that it didn’t matter whether the recipients were boys or girls.

And in the Khabarovsk region, a parent group complained to their school about a new 6th grade student who was “unusual” and “acted gay.” The parents asked the school to intervene and cease the 12-year-old boy’s “sexual harassment”–even though he had never done anything to any other student. The day after the parent group raised the issue in a meeting with the student’s homeroom teacher, the boy’s parents withdrew him from the school. Similar incidents are reported in other rural schools in Russia, according to Khabarovsk Commissioner for Children’s Rights Svetlana Zhukova.

This post is the fourth in a five-part series in The Advocates Post about LGBTI rights in Russia and the Sochi Olympics. Part 1 took a look at why the Sochi Olympics in 2014 are important to LGBTI rights in Russia and the rest of the world.  Part 2  examined the provisions of Russia’s propaganda law, its effect on children, and its origins. Part 3 explored how Russian authorities are enforcing the propaganda law. Part 5 will analyze a variety of approaches that human rights advocates in Russia and around the world are taking to press for reform of these laws.

More posts in this series:

Out in the Cold: LGBT Visibility at Olympics Key to Ending Homophobia

Russia’s “Gay Propaganda” Law: How U.S. Extremists are Fueling the Fight Against LGBTI Rights

Locking the Iron Closet: Russia’s Propaganda Law Isolates Vulnerable LGBTI Youth

Moving Forward: Four Steps and Six Strategies for Promoting LGBTI Rights Around the World

For information about vigilante violence directed at LGBTI people in Cameroon, read The Advocates’ shadow report to the African Commission on Human and Peoples’ Rights and these related posts:

African Commission to Consider Violence Perpetrated Because of Sexual Orientation, Gender Identity

“Look at the details of Eric Ohena Lembembe’s life and you will understand why he died.”

By: Amy Bergquist, staff attorney with the International Justice Program at The Advocates for Human Rights

Top photo courtesy Roma Yandolin, Wikimedia Commons

Locking the Iron Closet: Russia’s Propaganda Law Isolates Vulnerable LGBTI Youth

RainbowFLASH

Update: Great news! A district court in Nizhni Tagil acquitted Elena Klimova on charges of violating Russia’s “gay propaganda” law, according to a report this morning from Deti-404.

In the court hearing, Klimova’s attorney, Maria Kozlovskaya, presented an expert opinion that Deti-404 does not contain information that “promotes non-traditional sexual relations,” and that in fact the site helps LGBTI teenagers cope with their feelings. Kozlovskaya, an attorney for the Russian LGBT Network, that the law contradicts “Russia’s international obligations and, as it was proved by the decision of the UN Human Rights Committee, consolidates discrimination based on sexual orientation and gender identity, and violates the freedom of speech.”

“. . . [S]ometimes common sense wins,” Klimova said, expressing her relief.

Vitali Milonov, the St. Petersburg deputy who called for Klimova to be charged under the law, announced on Twitter that he will appeal the court’s decision. In a statement on Facebook, the Deti-404 team responded: “The Deti-404 project will continue to work regardless of any attack on us. Only one reason can serve as a pretext for closing the project – complete overcoming of homophobia in Russia and the cessation of harassment of LGBT teens. We hope that such a time will surely come!”

Original post:

In 2010, in response to an alarming escalation in the number of students in the United States committing suicide after being bullied in school, author Dan Savage and his then-partner (now husband) Terry Miller created a YouTube video with a message of hope for young lesbian, gay, bisexual, transgender, and intersex (LGBTI) people facing harassment.

Image courtesy of Dana Robinson on Flickr
Image courtesy of Dana Robinson on Flickr

Savage and Miller launched the It Gets Better Project as a way for supporters around the world to use social media to record and share video messages telling LGBTI youth that, yes, it does indeed get better.

LGBTI youth in all corners of the world can feel isolated and alone, lacking support from peers, teachers, and frequently even their own families. These young people can often find solace and support on the internet, whether by watching It Gets Better Project videos, joining Facebook support groups, tweeting about their experiences, or joining anonymous chat rooms where they can talk with other LGBTI youth.

Youth suicide in Russia is a chronic problem; rates are three times the world average, and Russia has the highest teen suicide rate in Europe. Russia’s law banning gay propaganda strikes at the very heart of critical lifelines for vulnerable LGBTI youth.

From Sochi to Social Media: Russian Authorities Crack Down on Free Expression

Despite President Putin’s assurances that LGBTI visitors to the Olympics could “feel free,” on Sunday Russian authorities detained Vladimir Luxuria, a transgender activist and former member of the Italian Parliament, after she held up a sign in Olympic Park saying “Gay is Okay” in Russian. Upon her arrival in Sochi, she tweeted:

On Monday, Luxuria was again detained, this time as she attempted to enter an arena to watch an Olympic hockey game. She was wearing a rainbow-colored outfit and had been shouting, “It’s okay to be gay.” Four men who were not wearing identification surrounded her and shouted, “Take her away.” They placed her in a car with Olympic markings, stripped Luxuria of her Olympic spectator pass, and dumped her in the countryside about a 10-minute drive from the arena. She has since been asked to leave the country.

Luxuria’s detention and de facto deportation are particularly troubling in light of the International Olympic Committee’s assertion that it “received assurances from the highest level of government in Russia that the [anti-LGBTI propaganda] legislation will not affect those attending or taking part in the Games.”

Luxuria’s case just the latest in a series of detentions and prosecutions under the new propaganda law:

  • In December, authorities in Arkhangelsk found Nikolai Alexeyev and Yaroslav Yevtushenko guilty of violating the law for holding up banners in front of a children’s library reading: “Gay propaganda doesn’t exist. People don’t become gay, people are born gay.” They were fined 4,000 rubles and their appeal was denied.
  • Russian LGBTI activist Dmitry Isakov protested the law in Kazan and was fined 4,000 rubles in January after a teenager saw photos of Isakov’s protest online and filed a complaint.
  • In late January, a court in Khabarovsk fined newspaper editor Alexander Suturin 50,000 rubles for publishing an interview with an openly gay teacher.
  • In January, a government commission threatened to take a 14-year-old girl to court after she held a one-person picket in the town of Kyatkova to protest the propaganda law. The commission subsequently dropped the case, but the girl remains fearful that authorities will reinstate proceedings against her.
  • A juvenile court in the city of Bryansk found a 9th grade girl in violation of the law for admitting her sexual orientation in front of her classmates. She was reportedly hospitalized after suffering a severe head injury at the hands of her father.
  • On the day before the opening of the Sochi Olympics, ten LGBTI activists were arrested in Moscow after holding rainbow flags and singing the Russian national anthem. Four others were arrested for a similar demonstration the same day in St. Petersburg.
  • At the same time, however, police allowed an anti-gay demonstration in Sochi to proceed, despite a ban on demonstrations in the Olympic host city.
  • In January, police arrested a young man named Pavel Lebedev for waving a rainbow flag as the relay brought the Olympic torch through Voronezh.

Russian Authorities Move to Shut Down Дети-404, Russia’s “It Gets Better Project”

Perhaps the most troubling investigation, however, is that of Elena Klimova, 25, founder of a social media support group for LGBTI teenagers called “Дети-404. ЛГБТ подростки. Мы есть!” (Children-404. LGBT teens. We exist!)

Image courtesy of Wikimedia Commons
Image courtesy of Wikimedia Commons

Klimova started Deti-404 last year after a 15-year-old lesbian named Nadya from a small town in Russia reached out to her. Klimova is a journalist, and she had posted a column to a news website expressing her dismay about the draft propaganda law. Nadya, who faced ruthless bullying at school and didn’t have support from her mother, contacted Klimova to thank her for the column, saying that it had helped keep her from committing suicide.

After speaking with Nadya, Klimova wondered why nobody was doing anything to help LGBTI youth in Russia: “Many of them close in on themselves, they don’t tell anyone. They are scared of parents and classmates. If they open up, parents sometimes beat them, insult them, throw them out, take away their phones, ban them from going on the internet and even lock them up in a psychiatric clinic.”

Klimova set up Deti-404 as an online support group for LGBTI youth. The name of the group is a play on the familiar internet message “Error 404, Page Not Found,” suggesting that LGBTI youth are unable to be visible in Russia.  On the Russian social networking site В Kонтакте (VK), Deti-404’s closed group for LGBTI youth had nearly 2,000 members as of last September, and the open group now has over 20,000 supporters. Deti-404’s parallel Facebook site has over 3,900 likes, and a supporter in the United Kingdom has started a blog posting English translations of Deti-404 posts.

"I refuse to be invisible" Image courtesy of Ivan Simochkin, Wikimedia Commons
“I refuse to be invisible!”
Image courtesy of Ivan Simochkin, Wikimedia Commons

Deti-404’s main approach is a photo campaign. LGBTI youth are invited to send in photographs, drawings, or other images, along with personal testimony about their experiences coming out, falling in love, or facing stigma and discrimination. To date, the site has published more than 1,000 letters from LGBTI youth. Klimova and her team also provide teenagers with contact information for LGBTI-friendly psychologists.

On January 31, 2014, Russian authorities launched proceedings against Klimova for violations of the propaganda law. Russian LGBTI teenagers turned to Deti-404 to express their support for Klimova and their fears that authorities would shut down Deti-404, including these posts:

Я только нашла эту группу (долго я искала=)), только нормально поверила, что смогу принять себя как человека, и тут такое… Без боя свой кусочек свободы не отдам!

I just found this group (I looked for a long time =)), and I just began to believe that I could accept myself as a person, and now this happens. . . I won’t give up my piece of freedom without a fight!

Если закроют и это место, где я впервые почувствовала себя хоть немного свободной – Капут. Как можно то… У меня не укладывается это в голове. Поддерживаю, бедная Лена…

If they shut down this site, where I for the first time felt a little free – kaput. How could they . . . I can’t wrap my head around it. I support you, poor Elena…

This post is the third in a five-part series in The Advocates Post about LGBTI rights in Russia and the Sochi Olympics. Part 1 took a look at why the Sochi Olympics in 2014 are important to LGBTI rights in Russia and the rest of the world. Part 2 examined the provisions of Russia’s propaganda law, its effect on children, and its origins. Part 4 will examine the societal effects of discriminatory laws such as those in Russia and other countries. Part 5 will analyze a variety of approaches that human rights advocates in Russia and around the world are taking to press for reform of these laws.

More posts in this series:

Out in the Cold: LGBT Visibility at Olympics Key to Ending Homophobia

Russia’s “Gay Propaganda” Law: How U.S. Extremists are Fueling the Fight Against LGBTI Rights

The Wild East: Vigilante Violence against LGBTI Russians

Moving Forward: Four Steps and Six Strategies for Promoting LGBTI Rights Around the World

By: Amy Bergquist, staff attorney with the International Justice Program at The Advocates for Human Rights

Top photo of a Rainbow Flashmob in St. Petersburg on the 2009 International Day Against Homophobia and Transphobia, courtesy Воскресенский Пётр, Wikimedia Commons.

Out in the Cold: LGBT Visibility at Olympics Key to Ending Homophobia

1000px-LGBT_flag_map_of_Russia.svg

Last summer I spent a few days in Moscow to watch the Rugby Sevens World Cup. The tournament was held in the main stadium for the 1980 Summer Olympics—a stadium where U.S. Olympians never competed, due to a boycott over the Soviet invasion of Afghanistan.

Fiji and South Africa compete in the quarterfinals at the 2013 Rugby Sevens World Cup in Moscow
Fiji and South Africa compete in the quarterfinals at the 2013 Rugby Sevens World Cup in Moscow.
Photo by the author.

The stadium has seen better days; during a downpour, large chunks of paint fell down onto the stands. And even though tickets were affordable and the rugby competition was outstanding, the stadium was nearly empty.

During the opening ceremonies of the Winter Olympics in Sochi last week, my thoughts again turned to Russia and the attention it has received from the international human rights community since I visited last summer. In June 2013, the Russian Duma passed a now-notorious law banning gay “propaganda.”

As athletes in Sochi wrap up the first full week of competition and the international spotlight shines on Russia, it’s important to take stock of Lesbian, Gay, Bisexual, and Transgender (LGBT) rights in that country and what advocates for human rights can do to combat discrimination based on sexual orientation and gender identity around the world.

First, a primer on why the Sochi Olympics in 2014 are important to LGBT rights in Russia and the rest of the world:

The Olympic Charter rejects all forms of discrimination

Every two years, the world gathers to celebrate human potential. The feats of speed, grace, teamwork, and power that we call the Olympic Games demonstrate that people from all over the world and all walks of life can achieve greatness.

The International Olympic Committee has established an Olympic Charter, which includes a set of principles for Olympic competition. Principle 4 recognizes the connection between sports and human rights:

The practice of sport is a human right. Every individual must have the possibility of practising sport, without discrimination of any kind and in the Olympic spirit, which requires mutual understanding with a spirit of friendship, solidarity and fair play.

Echoing nondiscrimination provisions in each of the major human rights treaties, Principle 6 states:

Any form of discrimination with regard to a country or a person on grounds of race, religion, politics, gender or otherwise is incompatible with belonging to the Olympic Movement.

The Olympics are an important stage for LGBT visibility

Dutch snowboarding Olympian Cheryl Maas. Photo courtesy of Mikus Kļaviņš.
Dutch snowboarding Olympian Cheryl Maas.
Photo courtesy of Mikus Kļaviņš.

The Olympics are a unique and highly visible competitive venue: men and women from around the world are selected to represent their countries in international competition, and millions of people around the world follow the events. This year, over 6,000 athletes from 85 countries are competing in Sochi. It should come as no surprise that some Olympians are LGBT. Seven competitors at the Sochi Olympics–all women–are openly gay:

  • Australian snowboarder Belle Brockhoff
  • Canadian speed skater Anastasia Bucsis
  • Austrian ski jumper Daniela Iraschko-Stolz
  • Slovenian cross country skier Barbara Jezeršek
  • Dutch short track speed skater Sanne van Kerkhof
  • Dutch snowboarder Cheryl Maas
  • Dutch speed skater Ireen Wüst

(By comparison, 23 of the over 12,000 athletes in the 2012 Summer Olympics in London were openly gay.) On Sunday, Wüst became the first openly gay athlete to take gold at Sochi. Iraschko-Stolz won a silver medal in ski jumping events on Tuesday, and Wüst won silver in competition on Thursday.

LGBT visibility in sports is an important tool for combating discrimination based on sexual orientation and gender identity

From television to politics to news reporting, LGBT visibility is an important part of the fight against discrimination based on sexual orientation and gender identity. People who are taught to be homophobic may revisit those beliefs when they discover that someone they know and respect is gay. And LGBT youth, who may face harassment, bullying, and threats at school and even at home, and who are twice as likely as their heterosexual peers to attempt suicide, may find hope in the faces of prominent, successful openly gay people.

Sports—particularly Olympic sports—cut across cultures and languages and bring people together in a way that other collective experiences cannot. So the visibility of Olympic athletes—past and present—who are openly gay can help overcome prejudice and discrimination directed at LGBT people around the world. These athletes can also be positive role models for at-risk LGBT youth.

During the opening ceremony on Friday, IOC President Thomas Bach recognized this unifying power of Olympic competition, and called on competitors to be role models for the principle of non-discrimination:

Olympic Sport unites people. . . . Yes, it is possible to strive even for the greatest victory with respect for the dignity of your competitors. Yes, Yes, it is possible – even as competitors – to live together under one roof in harmony, with tolerance and without any form of discrimination for whatever reason.

(Viewers in the United States may have missed this part of Bach’s statement, which NBC edited out of its coverage. Some have criticized the edit as an apparent “diplomatic concession to [Russian President Vladimir] Putin’s homophobic agenda.”)

Momentum is building for more prominent athletes to come out

Much has changed since those Moscow Olympics. In 1981, former No. 1 world tennis competitors Billie Jean King and Martina Navratilova came out. In 1994, U.S. Olympic diving medalist Greg Louganis disclosed that he is gay, and two years later, two openly gay U.S. divers competed in the Atlanta Olympics. Today, several current WNBA players are out, including Minnesota Lynx athletes Amber Harris, Jessica Adair, and Seimone Augustus (also a 2012 Olympian).

Welsh rugby player Gareth Thomas with British Prime Minister David Cameron launching a campaign to eliminate homophobia and transphobia in sports. Image courtesy of UK Home Office, http://commons.wikimedia.org/wiki/File:David_Cameron_and_Gareth_Thomas.jpg
Welsh rugby star Gareth Thomas with British Prime Minister David Cameron launching a campaign to eliminate homophobia and transphobia in sports.
Photo courtesy of the UK Home Office.

Progress in men’s professional sports has been slower. The first professional male athlete to come out while still competing was Welsh rugby player Gareth Thomas in 2009. In the United States, only a handful of male professional athletes have come out to the broader public during their careers: basketball player Jason Collins, boxer Orlando Cruz, and soccer player Robbie Rogers.

In many cases, successful female athletes are already challenging traditional gender norms. So professional female athletes and female Olympians may not face as many obstacles and challenges to coming out as their male counterparts. Male Olympians who excel at sports many people view as feminine like figure skating and gymnastics face institutionalized homophobia.  And gay male professional athletes, particularly in hyper-masculine team sports like rugby and American football, challenge traditional notions of masculinity.

That’s why Missouri NFL draft prospect Michael Sam’s announcement on Sunday that he is gay seemed so earth-shattering.

All eyes are on Russia, and Russia’s law banning gay “propaganda”

With this growing recognition of the power of LGBT visibility in sports, the world’s eyes turn to Russia. Many people who are excited about the increasing acceptance and visibility of openly gay athletes, and the growing willingness of athletes to come out to their teammates, coaches, and the broader public, have been dismayed that Russia is hosting the 2014 Winter Olympics.

Russia’s 2013 law prohibiting gay propaganda—the topic of the next post in this series—has posed problems for LGBT people in Russia, Olympic competitors, governments that have expressed a commitment to LGBT rights, and the international human rights community.

This post is the first of a five-part series in The Advocates Post about LGBT rights in Russia and the Sochi Olympics. Part 2  will examine the provisions of Russia’s propaganda law, its effect on children, and its origins. Part 3 will explore how Russian authorities are enforcing the propaganda law. Part 4 will examine the societal effects of discriminatory laws such as those in Russia and other countries. Part 5 will analyze a variety of approaches that human rights advocates in Russia and around the world are taking to press for reform of these laws.

More posts in this series:

Russia’s “Gay Propaganda” Law: How U.S. Extremists are Fueling the Fight Against LGBTI Rights

Locking the Iron Closet: Russia’s Propaganda Law Isolates Vulnerable LGBTI Youth

The Wild East: Vigilante Violence against LGBTI Russians

Moving Forward: Four Steps and Six Strategies for Promoting LGBTI Rights Around the World

By: Amy Bergquist, staff attorney with the International Justice Program at The Advocates for Human Rights

Top image courtesy of Wikimedia Commons.

Recent Anti-LGBTI Laws Violate Human Rights

An asylum seeker from Uganda covers his head with a paper bag in order to protect his identity. (Photo: Jessica Rinaldi, Reuters)
An asylum seeker from Uganda covers his head with a paper bag in order to protect his identity. (Photo: Jessica Rinaldi, Reuters)

Anti-LGBTI laws passed last week by the governments of Nigeria and Uganda threaten the lives and human rights of people living, working, and visiting those countries. Not only are the lives of LGBTI persons at stake, but their friends, family, teachers, colleagues, health practitioners, and human rights defenders could face fines or imprisonment for failure to report homosexual conduct to authorities.

The Nigerian Same-Sex Marriage Prohibition Bill goes beyond banning same-sex marriage; it criminalizes LGTBI people by jailing them for public displays of affection, and it calls for imprisonment of any same-sex marriage wedding attendees. The bill also bans all LGBTI organizations, and threatens anyone advocating for LGBTI rights with jail time.

The Ugandan Anti-Homosexuality Bill, which originally imposed a death sentence on LGBTI persons in some cases, calls for life imprisonment for “aggravated homosexuality.”

The recent passage of these anti-LGBTI laws reflects a broad trend across the world, including the countries of Russia, India, Cameroon, Liberia, Burundi, and South Sudan, where LGBTI persons and human rights defenders who work on their behalf increasingly face discrimination, violence, criminal prosecution, and persecution, including death.

All human beings are inherently entitled to dignity and equal enjoyment of their universally recognized human rights and freedoms; therefore, governments that pass laws that discriminate on the basis of actual and perceived sexual orientation and gender identity fail to uphold their human rights obligations with respect to sexual minorities and human rights defenders who serve and support people who are LGBTI.

The Advocates for Human Rights urges President Goodluck Jonathan to veto the Nigerian Same-Sex Marriage Prohibition Bill. The bill currently awaits either a signature or veto. You can urge President Jonathan to veto the bill and uphold human rights by signing a petition here.

The Advocates for Human Rights also urges President Yoweri Museveni to veto the Ugandan Anti-Homosexuality Bill. In order for the bill to become law, President Museveni must sign it within 30 days. You can urge President Museveni to veto the bill and uphold human rights by signing a petition here.

By: Ashley Monk, The Advocates’ development and communications assistant