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

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

Rainbow_flag_and_blue_skies

While viewers across the United States watched the Olympic closing ceremonies, Jason Collins became the first publicly gay male athlete to compete in a major North American professional sports league as he took to the basketball court in Los Angeles.

NBC’s coverage of the Olympic Games over the past two weeks dedicated less than two hours to LGBTI issues. It’s a critical moment in the fight for LGBTI rights in Russia.

But first–just for a moment–let’s talk hardware. Openly bisexual Dutch speedskater Ireen Wüst was the most decorated competitor at the Sochi Games, with two gold and three silver medals. She’s only the eighth athlete ever to win five medals at a Winter Olympics, and with plans to compete in 2018, she’s only two medals away from the career record for female competitors at the Winter Olympics. When Austrian ski jumper Daniela Iraschko-Stolz took silver, she commented, “When you are in the media, many people maybe knew my name and also knew that I am married with a woman. And now the Olympic Games are here in Russia and . . . . I hope for the future that the people now can see the sport as a chance to change something.”

Athletes spend years training, practicing, and building strength and skills before they are ready for the Olympics. In a sense, human rights work is much the same. We have to take the long view on achieving success. LGBTI activists around the world may see the recent successes in the United States and think they happened overnight. But the first U.S. lawsuit for marriage equality was filed here in Minnesota in 1970–it took 43 years for our state to recognize the right of same-sex couples to marry.

What can we do to help with Russia, and other countries that do not respect LGBTI rights? It can seem overwhelming, but there are a variety of strategies that human rights advocates can use to push for reform. And each strategy can be a piece of an overall solution. But human rights victories–like Olympic athletes–don’t happen overnight.

In the run-up to the Olympics, activists suggested a variety of strategies to promote LGBTI rights in Russia: showing solidarity with LGBTI Russians, holding perpetrators of anti-LGBTI violence accountable, challenging laws in court, engaging in advocacy at the United Nations, and pressing businesses to condemn the propaganda law and send a message of tolerance.

Which strategies are best? When The Advocates for Human Rights works on human rights issues, we use a set of steps to identify effective strategies. Let’s take a look at four of those steps, and see how six strategies measure up. (And even though this post is specific to LGBTI rights in Russia, this same analysis applies to LGBTI rights in other parts of the world, or to other human rights issues.)

Step 1: Understand the context

We need to look closely at the context in which the human rights violations occur. For example, much of the anti-gay sentiment in Russia is fueled by nationalism. So direct diplomatic advocacy from other countries may backfire. For example, journalist and free expression advocate Cathal Sheerin “interviewed a number of Russian journalists, filmmakers, writers and activists,” some of whom “suggested that protests made by cultural groups, students, artists and NGOs have much more influence than demands made by governments. This is partly because Putin switches into defensive ‘Cold War Mode’ when foreign governments criticise him. Pleas made by non-governmental groups, however, are much harder to dismiss as self-interested, political machinations. And for that reason, they have more chance of influencing the hearts and minds of Russian citizens.”

But even direct collaboration with international organizations may backfire. In October, Russian authorities bugged a private strategy meeting between Russian LGBTI activists and several international human rights organizations. The state-run television channel broadcast audio from the meeting, presenting it as an expose of western “homosexualists who attempt to infiltrate our country.”

In addition, LGBTI people in Russia are vulnerable, facing discrimination, bullying, threats, and physical attacks. The first principle of human rights work is “Do no harm.” We need to make sure that our actions don’t put LGBTI Russians in more danger.

In Russia, there are additional legal considerations. Russia’s Foreign Agents law requires groups that receive foreign funding and engage in “political activities” to register as “foreign agents.” Another law bans funding from the United States that supports “political” activity by non-governmental organizations, and bans NGOs that engage in work that is “directed against Russia’s interests.” The Russian Government also recently expanded its definition of treason to potentially criminalize participation in international human rights advocacy. So groups in Russia might not be able to collaborate directly with their counterparts in other countries. The Russian groups who were victims of bugging last year fear they may now be sanctioned under the Foreign Agents law.

Step 2: Work in partnership

The Advocates for Human Rights works to promote human rights in the United States and around the world. When we do human rights work concerning other countries, we work in partnership with either local, in-country groups or with diaspora groups that want to influence human rights in their country of origin or ancestry. These partnerships are critical, because our partners understand the local context–they have a good sense of what types of strategies would be effective, and which ones might backfire. They also have a clearer understanding of the legal context in which they operate and the types of actions that may result in fines or other penalties for violating Russian law.

Step 3: Identify goals and strategies

It is important to set goals before deciding on a human rights strategy. An over-arching human rights goal might be that all LGBTI people in Russia are safe and live with dignity. We look at a variety of strategies to achieve this goal, such as:

  • Showing sympathy and support for LGBTI Russians
  • Getting the “gay propaganda” law repealed
  • Stopping violence and persecution based on actual and perceived sexual orientation and gender identity
  • Holding perpetrators of violence and persecution accountable

Our Discover Human Rights training addresses in greater detail how to identify goals and the steps to achieve them.

Tactical map Photo credit: aniquenyc, flickr
A tactical mapping exercise
Photo credit: aniquenyc, flickr

Step 4: Use tactical mapping

In looking at these goals and strategies, we need to figure out who we need to influence, such as:

  • Concerned individuals and groups around the world
  • Russian lawmakers
  • Russian civil society
  • Russian courts
  • Russian law enforcement officials and prosecutors
  • Companies that do business in Russia

How do proposed strategies measure up?

August 2013 protest in Berlin calling for boycott of the Sochi Olympics Photo Credit Adam Groffman, flickr
August 2013 protest in Berlin calling for boycott of the Sochi Olympics
Photo Credit: Adam Groffman, flickr

When Russia passed its propaganda law last summer, some of the first responses were calls for boycotts. LGBTI activists in Russia responded with requests not to boycott the Olympic Games. In the context of the Olympics, boycotts can do more harm than good, because they cause the most harm to athletes–people who are not in a position to change a country’s laws. An effort to boycott Russian vodka had some limited success. It helped raise awareness about the propaganda law, and prompted one vodka maker to speak out against the law and donate to the cause.

Although boycotts can sometimes be powerful tools to promote human rights, but it’s important to think broadly and listen to the in-country advocates to evaluate which strategies will be most effective. Last month, The Advocates published Paving Pathways for Justice and Accountability: Human Rights Tools for Diaspora Communities. It’s a 400+ page toolkit of resources for human rights advocacy. We developed these resources in response to requests from diaspora groups, but they are equally valuable for other individuals and groups who want to be more effective advocates for human rights. Paving Pathways explores many strategies that have been proposed for promoting LGBTI rights in Russia:

Image courtesy of Wikimedia Commons
Image courtesy Wikimedia Commons

1. Showing solidarity with LGBTI Russians: When asked what people around the world can do to support LGBTI people in Russia, Дети-404 founder Elena Klimova suggested, “we are always very pleased when we receive letters and photos from abroad . . . . Then we understand that we are not alone, and that gives us strength and hope for a better future.” You can reach the Deti-404 team at 404deti@gmail.com. You can like Дети-404 on Facebook, or set up a VK.com account and join the Дети-404 community there. If you don’t speak Russian, you can read some translated Deti-404 submissions here.

Image courtesy Wikimedia Commons
Image courtesy Wikimedia Commons

Openly gay Olympian Australian snowboarder Belle Brockhoff has denounced Russia’s propaganda law, and openly gay Dutch snowboarder Cheryl Maas displayed a rainbow and unicorn glove to the cameras after one of her runs in Sochi. Several athletes are part of the Principle 6 Movement, using the non-discrimination language of the Olympic Charter to show solidarity with LGBTI Russians without violating the Olympic ban on political speech.

Brian Boitano, one of the openly gay Olympians who was part of the U.S. delegation to Sochi, reported that during a press conference, “[m]ost of the questions that were posed to me were about Obama’s message” in including him in the delegation. “Everywhere we went, people knew our message, and they were congratulating us,” he continued. “It was amazing: everyone in Russia knew exactly why we were there.”

Social media can be a great advocacy tool. On Twitter, you can follow Russian LGBTI groups and individuals like RUSA LGBT, the Russian LGBT Network, Gay Russia, Rainbow Association, Straights for LGBT Equality, Elena Kostyuchenko, and Nikolai Alexeyev. And you can monitor developments on Queerussia and Gay Russia and check out Mads Nissen’s striking photo essay of LGBTI activists in Russia.

Kirill Maryin is a 17-year-old from Novosibirsk who tweets about his personal experiences as well as the Russian propaganda law and how it is being enforced:

“I wanted people who live abroad to hear the true story of life for LGBT teenagers from Russia,” Maryin told the Guardian. “I am an ordinary LGBT teenager, and in this country, that is incredibly dangerous.” You can follow Maryin on Twitter and send him a message of support.

The It Gets Better Project has a campaign to show support for LGBTI youth in Russia; people can submit their own videos and add their names to a message of support.

It’s important to understand how critical our expressions of solidarity and support can be. Over the last two weeks, eight LGBTI Ugandans have attempted suicide over that country’s harsh new law. Russia has the highest teen suicide rate in Europe.

“I don’t like being an activist,” journalist Elena Kostyuchenko told a reporter. But “[i]t’s a long time until there will be some kind of magical Russian Harvey Milk who will defend my rights. I have been waiting, but he is not coming.” If you know a human rights defender or LGBTI person in Russia like Kostyuchenko who may be at risk, show them support on social media and give them a link to our Resources for Human Rights Defenders.

2. Shutting down vigilante groups: My fourth post in this series described how vigilante groups use social media to hunt down LGBTI youth and publicize their attacks. Sometimes their activities violate the terms of service of these social media providers. After inquiries from the Guardian ealier this month, В Kонтакте (VK.com) pledged to remove violent content and delete the accounts of offenders, but five days later only one video had been removed. If you use Instagram, Youtube, Facebook, or VK, report these violations and help get the groups shut down. Instagram recently pulled the accounts of two Occupy Pedophilia leaders. One activist is asking for help to use social media to track down the identity of people involved in anti-gay violence in order to prompt Russian authorities to bring charges.

3. Accountability: Russian authorities have been slow to take on the vigilante groups that are largely responsible for violence against LGBTI Russians. But last week, a Russian court sentenced three Russian men for killing and robbing several gay men in Moscow in 2012. And authorities have brought charges against at least two participants in the Occupy Pedophilia vigilante group. Advocates can work with their Russian counterparts to determine the most effective ways to encourage further prosecutions for these crimes.

There are also opportunities to hold the U.S.-based architects of Russia’s anti-LGBTI laws accountable. As I noted last week, Scott Lively is being sued under the U.S. Alien Tort Statute for his work on anti-gay legislation in Uganda. The Center for Constitutional Rights is considering bringing a similar suit against Lively for his work in Russia.

4. Litigation: Domestic courts and regional human rights mechanisms can be effective avenues for advocacy. Russian LGBTI activists Nikolai Alexeyev and Yaroslav Yevtushenko are setting up a legal challenge to the propaganda law. They have been fined 4,000 rubles each for picketing a children’s library in Arkhangelsk while holding up banners saying, “Gay propaganda doesn’t exist. People don’t become gay, people are born gay.” “The verdicts open the way for appealing the ban on gay propaganda at Russia’s Constitutional court and later at the European Court of Human Rights,” Alexeyev told GayRussia. Russia’s courts have shown some signs of independence, throwing out charges against Deti-404‘s Klimova and rejecting some prosecutions for violations of the Foreign Agents law. But the Constitutional Court has upheld convictions of regional anti-propaganda laws, and the Russian Supreme Court has rejected similar appeals.

ch10 european courtEven though the prospects for success in Russia’s courts aren’t promising, activists first need to exhaust their remedies in their own domestic legal system before taking their case to the European Court of Human Rights. Paul Johnson at the University of York has done a thorough analysis of the prospects for a challenge to the propaganda law in the European Court of Human rights. The European Court is already considering a case challenging a local propaganda law, and the court has expressed interest in adding consideration of the newer federal law to that case.

UN flags_HighRes-25. Advocacy at the United Nations: Most of the UN human rights treaty bodies have “communications mechanisms” that individuals can use to bring a complaint alleging that their government has violated the treaty text. In 2010, Irina Fedotovna submitted a communication to the UN Human Rights Committee to challenge a local law banning “gay propaganda” in Ryazan, Russia. She had been charged under that law after displaying signs saying “Homosexuality is normal” and “I am proud of my homosexuality” near a secondary school. In 2012, the Human Rights Committee concluded that her conviction amounted to a violation of her rights under the International Covenant on Civil and Political Rights, and found that Fedotovna was entitled to compensation. Yet despite this ruling, in 2013 Russia adopted its federal propaganda law.

UN advocacy may pose risks to Russian organizations; Russian authorities have cited advocacy with the UN Committee Against Torture as evidence that the St. Petersburg anti-discrimination group Memorial is a “foreign agent.” Moreover, Russia routinely ignores the resolutions and findings of UN human rights bodies, so it’s important to weigh the potential positive effects of successful UN advocacy with potential risks and costs at the national level.

6. Corporate influence: Some Olympic sponsors have faced sharp criticism in social media for not condemning Russia’s propaganda law. Activists have generated visibility for those issues by spinning social media promotions by Olympic sponsors Coca-Cola and McDonald’s to raise visibility about human rights. Activists transformed McDonald’s #CheersToSochi campaign into a social media tool to raise awareness about the propaganda law. And these campaigns had impressive spillover effects, prompting other major companies like AT&T and Chobani to show their support for LGBTI rights. Chevrolet and Coca-Cola also committed to broadcast television advertisements during the Olympics with diverse casts, including gay families. Advertising can help shape public opinion in other countries, too. Advocacy targeting businesses is also a particularly important tool when business practices themselves are directly responsible for human rights violations.

The games are over, the fight goes on

Russia will host the FIFA World Cup in 2018. Over the next four years, we have a lot of work to do to ensure that the next major international sporting event in Russia takes place in a climate of safety and dignity for competitors, fans, and for all LGBTI Russians.

What will you do to promote LGBTI rights? Which strategies do you think would be most effective? How would you tailor strategies to combat LGBTI persecution in other parts of the world, like Cameroon, India, Jamaica, Nigeria, and Uganda? Are there in-country or diaspora partners you can work with? Will you spread the word and help build a movement to promote LGBTI rights around the world?

This post is the last 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 4 examined the societal effects of discriminatory laws such as those in Russia and other countries.

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

The Wild East: Vigilante Violence against LGBTI Russians

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

Top photo courtesy Ludovic Bertron, Wikimedia Commons (modified).

Recent Anti-LGBTI Laws Violate Human Rights

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