Uganda’s sexual minorities face escalating human rights violations, with over 1000 cases recorded in the last nine months involving arrests, torture and house evictions among others, according to a report by an advocacy group.
Members of Uganda’s Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) community have faced increasing rights violations since early last year when Uganda’s parliament started considering an anti-homosexuality law.
The legislation, called the Anti-Homosexuality Act (AHA) was eventually enacted in May last year.
Under the law among other tough penalties same-sex intercourse is punishable by life in prison, while so-called aggravated homosexuality may lead to a death sentence.
In a report marking one year since AHA was passed, the Convening for Equality (CFE), a sexual minorities advocacy group, said at least 1,253 human rights violation were recorded between September and May.
That represents an increase from 306 violations that were recorded between January and August last year.
Violations were committed by both state and non-state actors and included torture, family rejections, physical assaults, evictions, arbitrary arrests, sexual assaults and extortion.
“Known and/or perceived LGBTQ+ persons were arrested, tortured, beaten, exposed, including evictions and banishment, blackmail, loss of employment, and health service disruptions,” the report said.
“This was sustained by frequent fake and false news shared on different platforms and a sustained campaign to paint LGBTQ+ persons … as persons who are out there to recruit children into homosexuality.”
A Reuters call to a police spokesperson for comment went unanswered.
AHA drew widespread condemnation from the West and has triggered sanctions against Uganda and individual leaders.
The World Bank halted all new lending while the U.S. ejected Uganda from a preferential trade deal and has also imposed sanctions against unnamed individuals for violating rights of minorities.
In an April ruling on a case challenging the law, Uganda’s constitutional court refused to annul the law although it voided a few sections that it said violated rights to health and property.
In April, Dominica became the latest country to decriminalize consensual same-sex conduct. A local court ruled that provisions banning “buggery” and “serious indecency,” understood to criminalize gay sex, were unconstitutional. The ruling is historic for Dominica because it finally cast off a colonial legal relic that had been an obstacle to full equality for sexual and gender minorities. But beyond this Eastern Caribbean nation, the ruling has important implications.
The Dominica ruling adds to a growing body of jurisprudence from the “Global South” that challenges the notion that decriminalization of same-sex conduct is “foreign,” “Western,” or “against national values.” This idea, sometimes used by authorities in the 64 countries that still make such relations a criminal offense, often ignores the demands of many local activists and stakeholders. It is also often used to scapegoat sexual and gender minorities. But today such rhetoric flies in the face of well-reasoned, human rights-based decriminalization rulings arising from Latin America and Caribbean, Africa, and Asia and Oceania that firmly establish that the decriminalization of same-sex conduct is a universal human rights imperative.
Some of the very early cases on decriminalization were indeed from the “Global North.” The European Court of Human Rights ordered the decriminalization of same-sex intimacy in cases arising from the United Kingdom (1981), Ireland (1988), and Cyprus (1993). The United Nations Human Rights Committee ordered the same for Australia (1994). Yet, the bulk of national-level jurisprudence decriminalizing same-sex conduct has come from countries outside of these regions.
In Latin America, the Constitutional Court of Ecuador’s Case No. 111-97 TC (1997) was an early example of national jurisprudence ordering the decriminalization of same-sex conduct. There, the court found that “homosexuals are, above all, holders of all the rights of the human person and therefore have the right to exercise them in conditions of full equality.” In recent years, five other Caribbean nations have decriminalized in landmark rulings: Belize (2016), Trinidad and Tobago(2018), Antigua and Barbuda (2022), Saint Kitts and Nevis (2022), and Barbados (2023).
The case of National Coalition for Gay & Lesbian Equality & Others v. Ministry of Justice & Others(1998) in South Africa was the first to decriminalize same-sex relations on the African continent. A concurring opinion in the case affirmed that the case occurs “in the context of evolving human rights concepts throughout the world” and “should be seen as part of a growing acceptance of difference in an increasingly open and pluralistic South Africa.” Recent decisions in Botswana (2019) and Mauritius(2023) further solidified this trend.
Meanwhile, courts in Asia and Oceania, including Fiji (2005), Nepal (2007), Hong Kong (2007), and India (2018), have also affirmed that the criminalization of same-sex conduct violates fundamental human rights. In the Indian ruling, which came after a protracted legal fight, justices held that the “role of the Courts gains more importance when the rights which are affected belong to a class of persons or a minority group who have been deprived of even their basic rights since time immemorial.”
The contributions made by courts in these varied parts of the world confirm that the continued criminalization of gay sex is not a niche issue that is the domain of “the West.” The rulings are context-specific and highlight how criminalization infringes upon the rights of sexual and gender minorities and their communities, including the rights to non-discrimination, life and security, family, housing, health, work, and education, and freedoms of expression and assembly. While rulings are multifaceted, these diverse courts have generally found that criminalization is draconian and erodes the rule of law for everyone.
There have been some legal setbacks, such as Uganda’s Constitutional Court upholding the Anti-Homosexuality Act in April and the dismissal of a constitutional challenge to “buggery” and “gross indecency” laws in Saint Vincent and the Grenadines in February. But rulings upholding criminalization remain outliers, in part because of the strength and diversity of the decriminalization rulings. Findings such as that of the Uganda Constitutional Court, that legislators “know the sentiments of the people that they represent on the subject,” now appear painfully biased and myopic.
While courts play a crucial role, governments should not punt their legislative duties to the judiciary, especially since court cases can take years to litigate. Many governments around the world have passed legislation to decriminalize same-sex conduct, either explicitly to protect sexual minorities, or indirectly by implementing broader criminal law reforms. This has led to real progress. But what the rulings in a wide variety of countries make clear is that arguments about decriminalization being “Western imposed” are disingenuous and shield authorities from having to address substantive underlying human rights issues.
Instead of presenting straw-man arguments, authorities should stop using such rhetoric, heed the findings of courts around the word, and urgently recognize that the decriminalization of same-sex intimacy is essential for the equal advancement of human rights.
Napoleons in Manchester, England — said to be the oldest gay bar in Europe — has had its liquor license revoked. Authorities cited illegal workers, overflowing rubbish, blocked fire exits, and other violations as the cause.
The bar opened in 1941 and was long owned by renowned Manchester drag queen Fran Foo Foo Lamar. New owners purchased the property in 1972 and saw Manchester’s renowned Gay Village grow up around it, peaking in the 1990’s with dozens of venues and the area being nicknamed as Gaychester.
The original British version of Queer As Folk was set in Manchester and debuted in 1999.
Napoleons changed hands again in 2016, adding karaoke to the entertainment lineup and a late-night Chinese takeout restaurant.
The bar is currently owned by Napoleon HL Ltd., with company director Guixiang Liu registered as the designated premises supervisor, according to the BBC.
After testimony from Manchester authorities and the bar’s representative at a town hall licensing review hearing on Tuesday, council members voted to revoke the longtime bar’s liquor license.
An immigration raid at Napoleons on February 29 ended in the arrest of five workers and a £90,000 ($114,642) fine for the venue owners.
“It’s clear there’s a history of non-compliance and this has been compounded with these immigration offenses,” the council said in a statement about the many issues Napoleons failed to address over several years.
The neighboring Sackville House in the Gay Village complained of “overflowing rubbish which has attracted rats, pigeons and vermins” in a shared yard, which “has been the case for about two years.”
“The staff and customers have complained about the smell,” a representative from the historic house testified. “A generator was put in for five months and was on 24/7. It was moved in April. It was very noisy.”
A council licensing officer also reported internal “fire exits have been blocked” and workers’ inability to use and review required CCTV cameras and recorders at the site.
The representative for Napoleons said the issues — in addition to the immigration questions — have all been addressed. The representative said that revoking the bar’s alcohol license would “not be proportionate.”
“I think it’s fair to say in absence of the immigration offenses, [the Greater Manchester Police] would not be here,” Rebecca Lowe told the town hall committee meeting, referring to the police’s raid and testimony.
Napoleons denies that any of those arrested in the raid were working there at the time.
“We would say we are here prematurely and the revocation of the license in response to something that’s not yet proven. If the license is revoked and [the owner] loses months of trading which she cannot recover [from], that would not be proportionate,” a representative from the bar said.
Speaking of the revoked license, legal adviser to the panel Laura Raine said, “The committee considered all the options available for them today, but the main reasons are continuing breaches of conditions, illegal workers and a civil penalty notice, no management, clear lack of accountability, and a clear lack of training.”
The Iraqi government should immediately reverse the recently passed law that punishes same-sex conduct and transgender expression with imprisonment, Human Rights Watch said today. The law violates fundamental human rights, including the rights to freedom of expression, association, privacy, equality, and nondiscrimination of lesbian, gay, bisexual, and transgender (LGBT) people in Iraq.
On April 27, 2024, Iraq’s parliament passed the anti-LGBT law as an amendment to the country’s existing “Law on Combatting Prostitution,” No. 8 of 1988. The new law punishes same-sex relations with a penalty of between 10 and 15 years in prison as well as allowing for a prison term between 1 and 3 years for people who undergo or perform gender-affirming medical interventions and for “imitating women.” The law also provides for 7 years in prison and a fine between 10 million Iraqi dinars (US$7,700) and 15 million dinars (US$11,500) for “promoting homosexuality,” which is undefined.
“The Iraqi parliament’s passage of the anti-LGBT law rubber-stamps the Iraqi government’s appalling record of rights violations against LGBT people and is a serious blow to fundamental human rights,” said Rasha Younes, interim LGBT rights director at Human Rights Watch. “The law adds insult to injury for LGBT people in Iraq, who are already facing violence and threats to their lives.”
Though consensual same-sex conduct was not previously explicitly criminalized in Iraq, the authorities have historically used vague “morality” laws to prosecute LGBT people. The introduction of the anti-LGBT law follows months of hostile rhetoric against sexual and gender minorities by Iraqi officials, as well as government crackdowns on human rights groups. Previous proposed amendments to the anti-prostitution law would have imposed the death penalty for same-sex relations, but this provision did not appear in the final version.
The new law, which Human Rights Watch reviewed, equates same-sex relations with “sexual perversion,” which it defines as “repeated sexual relations between members of the same sex … if occurring more than three times.”
The new law also specifically targets transgender women. It allows for a prison term between one and three years or with a fine between 5 million dinars (US$3,800) and 10 million dinars (US$7,700) for “imitating women,” which it defines as “wearing makeup and women’s clothing” or “appearing as women” in public spaces.
The law prohibits hormone therapy and what it calls “sex change” based on personal desire, as well as any attempt to change one’s gender identity, punishable by prison terms between one and three years. The same penalty applies to any surgeon or other doctor who performs gender-affirming surgery. The law makes an exception for cases of people born with intersex traits, when a surgeon is performing an operation to “normalize” the sex characteristics into classical male or female aesthetics.
Iraq’s new anti-LGBT law builds on and reflects an increasing effort by anti-LGBT legislators to explicitly make same-sex relations and transgender expression a criminal offense. The immediate precursor to the law passed in April was a bill introduced on August 15, 2023, by Raad Al-Maliki, an independent member of parliament.
If passed in its original form, the bill would have punished same-sex relations with the death penalty or life in prison, punished “promoting homosexuality” with a minimum of seven years in prison and a fine, and criminalized “imitating women” with up to a three-year sentence. In introducing the bill, Al-Maliki said its purpose was to “preserve the entity of the Iraqi society from deviation and calls for ‘paraphilia’ [abnormal sexual impulses] that have invaded the world.”
The introduction of the 2023 bill in turn followed a proposed anti-LGBT law put forward by legislators in the Kurdistan Region of Iraq. In September 2022, members of the Kurdistan Regional Parliament introduced the “Bill on the Prohibition of Promoting Homosexuality.” Under the bill, anyone who advocates for LGBT rights or “promotes homosexuality” would face up to a year in prison and a fine of up to five million dinars (US$3,430). The bill would also suspend, for up to one month, the licenses of media companies and civil societyorganizations that “promote homosexuality.”
Although the bill was not passed, it was introduced amid a heightened crackdown on free assembly and expression in the Kurdistan region. On May 31, 2023, a court in the region ordered the closure of Rasan Organization over “its activities in the field of homosexuality.”
On August 8, 2023, the Iraqi Communications and Media Commission issued a directive ordering all media outlets to replace the term “homosexuality” with “sexual deviance” in their published and broadcast language and banning use of the term “gender.”
Iraqi authorities’ continued attacks against LGBT people and activists violate their basic rights, including their right to privacy, free movement, free expression, assembly, and association, including on the internet, as well as their right to nondiscrimination and protection under the law. The abuses violate Iraq’s Constitution and international treaties to which Iraq is a party.
Unequal protection against violence and unequal access to justice are prohibitedunder international law. The International Covenant on Civil and Political Rights, in its articles 2 and 26, guarantees fundamental human rights and equal protection of the law without discrimination. The United Nations Human Rights Committee, the international expert body that provides authoritative interpretations of the covenant, has made clear that sexual orientation is a status protected against discrimination under these provisions. Similarly, the Arab Charter on Human Rights, of which Iraq is a member, affirms these rights.
“Relentless abuses against LGBT people in Iraq, starting with the family and stretching into every aspect of their public life, not only results in the deaths but makes people’s lives unlivable,” Younes said. “The Iraqi government should immediately repeal the anti-LGBT law and end the cycle of violence and impunity against LGBT people.”
A new report details a wave of attacks on gay men in France carried out by young perpetrators using hook-up apps to lure their victims before assaulting and robbing them.
The report from the Fondation Jean Jaurès adds to data collected in a survey last year by French investigative site Mediapart. The Mediapart survey counted 300 homophobic ambushes across France between 2017 and 2021, or around one a week. That number likely underestimates the number of incidents grossly due to underreporting.
The attacks analyzed almost always involved a robbery and were not necessarily motivated primarily by anti-LGBTQ+ sentiment, the report’s authors say.
“LGBT-phobic ambushes are not always exclusively motivated by anti-LGBTI+ hatred, but it is always based on it and its effects, and thus helps to perpetuate it,” Flora Bolter, co-director of the LGBTI+ observatory at the Fondation Jean Jaurès, explained.
One example detailed the case of 27-year-old Ilies B., who was recently charged for armed extortion and armed robbery after attacking at least four victims over three weeks in Paris in 2022. He found the men on two anonymous hook-up apps, PlanSM and Coco.gg, which leave no trace of interactions and attract users who may wish to keep their sexuality a secret.
According to LeMonde, “The scammer uses all the codes of homosexual flirting to gain their trust while chatting.”
Ilies B. arranged to meet the men at his home and took them down to his basement “for greater discretion.” There, he threatened them with a knife to the throat or a cleaver and robbed them.
While some victims claimed to have been insulted with homophobic slurs, Ilies B. denied making them, or having any animosity toward the men “because of their community.” Instead, he believed gay men were more active in seeking sexual encounters and therefore could be more easily lured.
“Gay men are also perceived as inferior, so it’s not so bad to target them,” said Baptiste Garreau, head of the legal support committee at advocacy group SOS Homophobie. “Attacking a woman is unacceptable in their code of honor, and attacking a man is dangerous because he’s strong. So attacking a homosexual man seems like a good compromise.”
Attackers also bet that their victims won’t press charges.
“Most are ashamed,” said Terrence Khatchadourian, secretary general of STOP Homophobie, “and think they were stupid enough to let it happen to them. Behind this, there’s above all the shame of being gay, which makes them feel guilty.”
Victims would rather keep quiet than come out in a police report, he adds.
While not all the incidents analyzed were motivated by anti-LGBTQ+ hatred, many that were documented ended up there.
Last year, a 23-year-old victim was waiting for a hook-up at his home following an exchange on Instagram. Three individuals turned up, beat him and broke a glass bottle over his head.
Things turned violent when the victim put his hand on his attacker’s thigh.
“I just wanted to go to his place and explain to him that I wasn’t a faggot,” the perpetrator said later. “He touched my crotch. I had to hit him.”
To shed some light on the best and safest destinations for LGBTQ+ travellers, ILGA-Europe, an LGBTI organisation, has released its sixteenth annual Rainbow Map. The index involves comprehensive analysis into seven categories, and each country has been given an overall score based on each.
Given it boasts the fantastic annual Europride celebrations, we’re hardly surprised it’s Malta, for the ninth consecutive year. Iceland climbed three places into second this year, and thanks to its ban on conversion practices, Belgium came third.
Greece, Germany, Iceland, Estonia and Liechtenstein all made the biggest jumps: Estonia and Greece amended their laws to allow same-sex couples to marry and adopt, and Lichtenstein amended their adoption laws to include gay couples, too.
Read the full article. The bottom five in order with worst last: Belarus, Armenia, Turkey, Azerbaijan, Russia. Visit ILGA-Europe for an interactive map, a full ranking, and each country’s score on the seven criteria.
In Bolivia, the collective La Pesada Subversiva faced an onslaught of digital violence they could have never imagined after showcasing their LGBTQ artwork. Thanks to Hivos’ Digital Defenders Partnership, they received critical support and training to protect themselves, and now have tools to fight against online aggression.
La Pesada Subversiva (The Subversive Troublemakers), a trans, feminist, and sexually diverse collective in Bolivia, has emerged as a form of resistance to patriarchy and gender-based violence. Founded in 2018 in Santa Cruz, one of Bolivia’s most conservative regions, the collective uses various art forms — audiovisual, writing, street happenings, and social media content — to express their views in demonstrations, protests, and the virtual realm.
Cristian Egüez (he/him), one of the founders, explains, “In this region, far-right and ultra-religious narratives are prevalent, pushed by very conservative authorities. In such a tough context, collectives are needed with the courage to confront them and maintain a critical approach to the violence that occurs.”
Pride Month and ensuing violence
The Altillo Benni Museum, the largest in the city, commemorated Pride Month for the first time on June 1, 2022. They opened an LGBTQ art exhibition called “Revolución Orgullo” or “Pride Revolution” led by La Pesada Subversiva. The collective’s groundbreaking LGBTQ art exhibition faced vehement opposition.
“We adorned the museum facade with trans and LGBTIQ+ flags,” Egüez recounts, “but it lasted less than a day because a group of neighbors came to protest violently and aggressively.”
Despite this, the exhibition attracted over 400 visitors, demonstrating growing public support for their cause.
Confronting online harassment
To the collective’s surprise, the museum’s director defended the exhibition, stating that no artwork would be removed, and the exhibition would remain until the end of the month. But then an unimaginable wave of digital violence hit them. Egüez recalls the aftermath: “The event left us emotionally devastated. Throughout that year, every day, we had to endure threats and harassment online.”
Alejandra Menacho (she/her), another founder of La Pesada Subversiva, shares her experience, saying, “They threatened to rape me, to teach me how to be a woman. It overwhelmed us; it started to really hurt because we felt … everything we said or did was being surveilled.” The collective faced constant harassment on social media, with anti-rights groups monitoring their activities and scaring them with false threats.
Seeking protection from the Digital Defenders Partnership
As the onslaught escalated, the collective sought refuge and support. They applied for a grant from the DDP to get digital protection and security. With DDP’s assistance, they underwent comprehensive training in digital security measures, enabling them to protect their online presence effectively. The members learned to protect themselves and their accounts, not to publish certain things, and to be cautious about disclosing their whereabouts. DDP’s training gave them a comprehensive understanding of digital security tools and provided clear guidelines for dealing with future incidents and how to report them.
In addition to these digital security skills, they learned physical self-defense techniques, blending martial arts with a feminist approach.
“This has strengthened us immensely. Now we understand digital security holistically and are always safeguarding our networks,” Menacho emphasizes.
Members of La Pesada Subversiva in Santa Cruz, Bolivia. (Photo courtesy of La Pesada Subversiva)
The ongoing struggle of online resilience
Despite the challenges, La Pesada Subversiva remains steadfast in their mission.
“Digital security must be integrated across the board; it’s not something you attend a workshop for and forget. It must be practiced continually,” Egüez asserts.
For Menacho, even though she has experienced a lot of frustration and anger, learning to combine these digital tools with psychology and art has helped her express themselves and achieve emotional balance.
“Because we are rebellious, we want to do these things. Also, because we don’t want these injustices to continue in Santa Cruz. That’s why we keep coming back and reinventing ourselves,” Menacho said.
La Pesada Subversiva’s journey exemplifies the resilience and determination of marginalized communities in the face of adversity. Through collective empowerment and solidarity, they navigate the complexities of digital violence, emerging stronger and more united in their pursuit of equality and justice.
The Digital Defenders Partnership (DDP), managed by Hivos, is an emergency grant mechanism for digital activists under threat launched by the Freedom Online Coalition in 2012. It provides a holistic response to digital threats and creates resilient and sustainable networks of support to human rights defenders.
The State Department has issued a global security alert warning Americans abroad that terrorists could target lesbian, gay, bisexual, transgender and queer people and LGBTQ-related events during Pride Month in June.
“Due to the potential for terrorist attacks, demonstrations, or violent actions against U.S. citizens and interests, the Department of State advises United States citizens overseas to exercise increased caution,” the warning, issued on Friday, reads. “The Department of State is aware of the increased potential for foreign terrorist organization-inspired violence against LGBTQI+ persons and events and advises U.S. citizens overseas to exercise increased caution.”
Officials advised Americans abroad to stay alert in tourism districts, at Pride events and in venues frequented by LGBTQ people. They added that before traveling overseas, Americans should enroll in the State Department’s Smart Traveler Enrollment Program to receive alerts from the department and to make it easier for officials to locate Americans in emergency scenarios.
Authorities did not specify if there are any countries or regions of the world that are of particular concern. They also did not name any foreign terrorist organizations suspected of potentially planning attacks.
A spokesperson for the State Department said in a statement Monday that the department is committed “to provide U.S. citizens with clear, timely, and reliable information about every country in the world so they can make informed travel decisions” but did not specify if the officials know where the potential threat is more pronounced.
The State Department issued a similar warning in October about extremist attacks against Americans overseas, shortly after the Oct. 7 Hamas terrorist attack on Israel. That alert did not mention potential threats against LGBTQ people or events specifically. In Monday’s statement, the spokesperson said the department issued Friday’s alert “in anticipation of the many Pride celebrations held every year in June.”
Neela Ghosal, the senior director of law, policy and research at the LGBTQ human rights group Outright International, criticized the State Department for not providing further information.
“I understand that the State Department feels that they do have an obligation to let people know about these types of threats, and I think it’s important to take that seriously,” she said. “But without a level of specificity, it just creates a bit of stress and panic without anybody having valuable information on how they might change their behavior to avoid a risk.”
Ghosal added that terrorism is one of several ways LGBTQ people are targeted when they organize publicly. Research from an upcoming Outright International report shows that Pride events were attacked by far-right actors or were circumvented by governments in Turkey, Georgia and Mongolia last year.
“Given the state of the world right now, LGBTQ activists everywhere, unfortunately, know that we are potential targets,” she said. “And so in some ways, this was just a reflection of one of the many ways in which we are targets, whether it’s from terrorism or from hostile governments or from ordinary members of the public.”
The State Department’s warning Friday follows a similar alert issued jointly by the FBI and Department of Homeland Security this month regarding threats of terrorist attacks at upcoming Pride events in the U.S. The agencies similarly did not name any cities, states or venues suspected of potential threats.
The FBI and DHS did, however, cite anti-LGBTQ messaging from the Islamic State terror group and an attempted knife attack by three alleged ISIS sympathizers in Vienna last year as reasons for concern. The federal agencies also mentioned an increase in potential violence due to the eighth anniversary next month of the Pulse nightclub mass shooting in Orlando, Florida. The 2016 massacre left 49 people dead and 53 wounded.
The LGBTQ media advocacy group GLAAD recorded at least 145 incidents of harassment, vandalism and assault directed at LGBTQ people and events during Pride Month in the U.S. last year.
Ella Anthony knew it was time to leave her native Nigeria when she escaped an abusive, forced marriage only to face angry relatives who threatened to turn her in to police because she was gay.
Since Nigeria criminalizes same-sex relationships, Anthony fled a possible prison term and headed with her partner to Libya in 2014 and then Italy, where they both won asylum. Their claim? That they had a well-founded fear of anti-LGBTQ persecution back home.
While many of the hundreds of thousands of migrants who arrive in Italy from Africa and the Mideast are escaping war, conflict and poverty, an increasing number are fleeing possible prison terms and death sentences in their home countries because of their sexual orientation or gender identity, advocates say.
And despite huge obstacles to win asylum on LGBTQ grounds, Anthony and her partner, Doris Ezuruike Chinonso. are proof that it can be done, even if the challenges remain significant for so-called “rainbow refugees” like them.
“Certainly life here in Italy isn’t 100% what we want. But let’s say it’s 80% better than in my country,” Chinonso, 34, said with Anthony by her side at their home in Rieti, north of Rome. In Nigeria, “if you’re lucky you end up prison. If you’re not lucky, they kill you,” she said.
“Here you can live as you like,” she said.
Anthony and Chinonso have coffee at their house in Italy.Alessandra Tarantino / AP
Most European countries don’t keep statistics on the number of migrants who claim anti-LGBTQ persecution as a reason for seeking refugee protection under international law. But non-governmental organizations that track the phenomenon say the numbers are rising as countries pass or toughen anti-homosexuality laws — a trend being highlighted on Friday’s observance of the International Day Against Homophobia, Biphobia and Transphobia.
To date, more than 60 countries have anti-LGBTQ laws on the books, most of them in Africa, the Middle East and parts of Asia.
“The ultimate result is people trying to flee these countries to find safe haven elsewhere,” said Kimahli Powell, chief executive of Rainbow Railroad, which provides financial, legal and logistical support to LGBTQ+ people needing asylum assistance.
In an interview, Powell said his organization had received about 15,000 requests for assistance last year, up from some 9,500 the year before. One-tenth of those 2023 requests, or about 1,500, came from Uganda, which passed an anti-homosexuality law that year that allows the death penalty for “aggravated homosexuality,” and up to 14 years in prison for “attempted aggravated homosexuality.”
Nigeria also criminalizes consensual same-sex relations between adults and the public display of affection between same-sex couples, as well as restricting the work of groups that advocate for gay people and their rights, according to Human Rights Watch. In regions of Nigeria where Sharia law is in force, LGBTQ+ people can face up to 14 years in prison or the death penalty.
Anthony, 37, said it was precisely the threat of prison that compelled her to leave. She said her family had sold her into marriage, but that she left the relationship because her husband repeatedly abused her. When she returned home, her brother and uncles threatened to turn her into police because she was gay. The fear and alienation drove her first to attempt suicide, and then take up a trafficker’s offer to pay for passage to Europe.
Anthony and Chinonso show photos of themselves together. Alessandra Tarantino / AP
“At a certain point, I couldn’t take all these sufferings,” Anthony said through tears. “When this man told me that I should abandon the village, I immediately accepted.”
After arriving in Libya, Anthony and Chinonso paid traffickers for the risky boat trip across the Mediterranean Sea to Italy, where they both claimed asylum as a member of a group — LGBTQ+ people — who faced persecution in Nigeria. According to refugee norms, applicants for asylum can be granted international protection based on being a “member of a particular social group.”
But the process is by no means easy, straightforward or guaranteed. Privacy concerns limit the types of questions about sexual orientation that migrants can be asked during the asylum interview process. Social taboos and a reluctance to openly identify as gay or transgender mean some migrants might not volunteer the information immediately. Ignorance on the part of asylum interviewers about anti-gay laws in countries of origin can result in unsuccessful claims, according to the EU Agency for Asylum, which helps EU countries implement asylum norms.
As a result, no comprehensive data exists about how many migrants seek or win asylum in the EU on LGBTQ+ grounds. Based on estimates reported by NGOs working with would-be refugees, the numbers in individual EU countries ranged from two to three in Poland in 2016 to 500 in Finland from 2015-2017 and 80 in Italy from 2012-2017, according to a 2017 report by the EU Agency for Fundamental Rights.
An EU directive grants special protection for people made vulnerable due to sexual discrimination, prescribing “special procedural guarantees” in countries that receive them. However, it doesn’t specify what those guarantees involve and implementation is uneven. As a result, LGBTQ+ asylum seekers don’t always find protected environments once in the EU.
“We’re talking about people who are unfortunately victims of a double stigma: being a migrant, and being members of the LGBTQIA+ community,” said lawyer Marina De Stradis.
Even within Italy, the options vary widely from region to region, with the better-funded north offering more services than the less-developed south. In the capital Rome, there are only 10 beds specifically designated for LGBTQ+ migrants, said Antonella Ugirashebuja, an activist with the Arcigay association.
She said the lack of special protections often impacts female migrants more negatively than male, and can be especially dangerous for lesbians.
“Lesbians leaving Africa often, or more frequently, end up in prostitution and sexual exploitation networks because they lack (economic) support from their families,” she said. “The family considers them people to be pushed away, to be rejected … Especially in countries where this is punishable by law.”
Anthony and Chinonso consider themselves lucky: They live in a neat flat in Rieti with their dog Paddy, and dream of starting a family even if Italy doesn’t allow gay marriage.
Chinonso, who was studying medicine in Nigeria, is now a social and health worker. Anthony works at the deli counter in a Carrefour supermarket in Rome. She would have liked to have been able to continue working as a film editor, but is happy.
One woman was killed and three others severely injured Monday when a man set fire to the room the four women were sharing in a Buenos Aires boarding house.
While police have not yet specified a motive in the horrendous attack, the Buenos Aires Herald reports that the victims were two lesbian couples. In a statement, the Argentine LGBT Federation called the attack “potentially one of the most abhorrent hate crimes in recent years.”
According to the Buenos Aires Herald, the woman who died has been identified as Pamela Cobas. The three others were taken to local hospitals. On Monday, one remained in critical condition, with burns on 90 percent of her body. The two other women were taken to a separate hospital, where one remained on respiratory assistance Monday with burns covering more than half of her body, while the other was reportedly responding well to treatment but was unable to provide details about the vicious attack.
A 62-year-old man was arrested for the attack and taken to another hospital, where he was treated for what was believed to be a self-inflicted neck wound. He has remained in police custody since being discharged.
Firefighters reportedly found burned rags soaked in flammable liquid at the scene. The fire spread through the building, and in total, seven people were hospitalized for injuries.
Police are treating the crime as a homicide.
In its statement Monday, the Argentine LGBT Federation drew a direct line from the attack on the four women to Argentinian President Javier Milei’s administration plan, announced in February to shut down the country’s National Institute Against Discrimination, Xenophobia, and Racism.
“Hate crimes are the result of a culture of violence and discrimination, sustained by hate speech currently endorsed by several government officials,” the Federation’s statement read. “The only spaces to which those of us who are victims of these attacks can resort are being emptied or eliminated by the current government, like the National Institute Against Discrimination, Xenophobia, and Racism (INADI).”
The organization vowed to support the victims and their families and to ensure the case is brought to court.
