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A man from Malaysia has won a landmark ruling against an Islamic gay sex ban, raising hopes for greater LGBT+ rights in the country.

The Muslim man – whose name has been withheld by his lawyer to protect his identity – filed the lawsuit after he was arrested in the central Selangor state of Malaysia in 2018 for attempting gay sex. He denied the allegation.

Same-sex acts are illegal in Malaysia, although convictions are rare. All 13 states and the federal territory in Malaysia criminalise same-sex relations and gender nonconformity. The federal penal code also punishes any form of anal or oral sex with up to 20 years in prison and mandatory caning.

In an unanimous decision, Malaysia’s top court ruled that the Islamic provision used in Selangor was unconstitutional, and authorities had no power to enact the law which bans sex “against the order of nature”.

The nine-judge panel ruled Selangor’s enactment of the anti-gay law was ultra vires, or beyond the state’s power, because under Malaysia’s constitution only the federal government may legislate some aspects of criminal law.

‘One small, but significant step forward’

The Human Rights Watch (HRW) said in a statement the federal court’s ruling is “one small but significant step forward” for LGBT+ rights in Malaysia. The HRW said: “In the face of pervasive anti-LGBT+ discourse, law and policy, Malaysian activists are taking steps to whittle away at institutionalised discrimination.”

The man involved in the legal challenge was among 11 men arrested on charges of “attempting” gay sex from a 2018 raid on a private residence in Selangor. In November 2019, a court convicted five of the men and sentenced them to fines, imprisonment and six strokes of the cane each.

Malaysia’s state laws are notorious for their persecution of LGBT+ people, especially trans women

Last year, the religious affairs minister gave “full license” for Malaysian police to arrest and detain trans people. Minister Zulkifli Mohamad Al-Bakri announced on social media that he had given the religious police “full licence to carry out its enforcement actions” against transgender people in Malaysia.

He elaborated that his order goes beyond arrests, but also allows police to subject trans people to “religious education” so that they will “return to the right path”.

More recently, Malaysia’s deputy religious affairs minister proposed to increase criminal penalties against LGBT+ people. Deputy minister for religious affairs Ahmad Marzuk Shaary has proposed amendments to the Syariah Courts (Criminal Jurisdiction) Act (Act 355) which would allow state courts to enact harsher sentences for same-sex conduct than the current maximum sentence permitted under federal law.

You may have heard of Abby and Brittany Hensel before, either on Oprah, in Time…

Act 355 limits the sentences that can be imposed by Sharia courts. The current sentence under the act includes three-year imprisonment, a fine of RM5,000 (£905) and six strokes with a cane.

However, Marzuk said this punishment was “not giving much effect on the group of people”. He said: “All state religious agencies and enforcers have been instructed to take action against those [LGBT+ people] who do not behave accordingly.”

Two gay men are being held on terror charges in Chechnya, having escaped torture in the homophobic republic before being returned by Russian police.

Salek Magamadov and Ismail Isayev, who is just 17 years old, fled to Russia in June 2020 with the help of the Russian LGBT Network.

They were relocated by the group to Nizhny Novogorod, a city around 400 kilometres east of Moscow, having been tortured by the Chechen special police for running an opposition Telegram channel.SPONSORED CONTENTPandemic or Not, Don’t Skip These 3 Health ChecksBy Sutter Health

Earlier this month, the two gay men went missing and it was later revealed they had been forcefully returned to their hometown, Gudermes in Chechnya, the site of deadly so-called gay purges. Russian and Chechen police reportedly worked together to capture the men.

The men were left “in mortal danger”, after their lawyer followed them to Chechnya and found they were being “pressured” to refuse legal representation.

Now, the Russian LGBT Network has been informed that the men are being held on the terrorism charge of aiding an illegal armed group.

The network said in a statement: “The investigation, however, did not provide objective evidence of the guilt of Ismail Isaev and Salekh Magamadov.”

On 8 February, the European Court of Human Rights “ordered Russia to explain the reasons for the detention of Magamadov and Isaev, to admit independent lawyers, medical workers, and their next of kin to them”.

But despite the order, legal representatives were not able to see their clients.

Sayputy Isaev, the 17-year-old’s father, said he was beaten and “blackmailed with the life of his son” if he did not sign a statement on the minor’s behalf to refuse a lawyer.

Magamadov and Isayev’s case is currently being considered, and they could face up to 15 years in prison in Chechnya. The men themselves said that “they had to sign statements and testimonies under threats and pressure”.

They are currently being held in SIZO no. 2, a pre-trial detention centre in Grozny, Chechnya.

You may have heard of Abby and Brittany Hensel before, either on Oprah, in Time…

In 2017, reports began to emerge of a “gay purge” in Chechnya, involving mass detention, abductions, torture and abuse of human rights against the LGBT+ community. Reports of such atrocities have continued in the years since.

The leader of Chechnya, Ramzan Kadryov, has denied the reports as well the existence of any LGBT+ people in the region. He was hit with sanctions by the US government in July 2020 over the atrocities.

The UK government also ordered strict sanctions to be placed upon three top Chechen officials charged with torturing LGBT+ people in the region’s “gay purge” in December 2020.

A Tunisian court sentenced a prominent LGBT rights activist on March 4, 2021, to six months in prison and a fine for shouting outside a police station after officers refused to register her harassment complaint, Human Rights Watch said today. The activist, Rania Amdouni, 26, is in a women’s prison in Manouba, west of Tunis, where her lawyer said she has faced harassment by prison guards due to her gender expression.

Police arrested Amdouni on February 27 at 8 p.m. after she left the 7 eme police station in downtown Tunis in a distraught state, said her lawyer Hamadi Hanchiri. At the station, Hanchiri said, police officers had refused to register Amdouni’s complaint relating to repeated harassment she said police officers subjected her to on the street and online. Police officers in the station then proceeded to harass her based on her presumed sexual orientation and gender expression. Amdouni began shouting on the street outside the station and cursing the Tunisian police system, Hanchiri reported.

“The police response to Amdouni’s complaint keeps her from getting protection and undermines public confidence in law enforcement and the Tunisian justice system,” said Rasha Younes, lesbian, gay, bisexual, and transgender (LGBT) rights researcher at Human Rights Watch. “By arresting and sentencing Amdouni, Tunisian authorities are sending an appalling message to victims of discrimination that they have nowhere to turn and that any objection could land them in prison themselves.”

Based on her behavior outside the station, Hanchiri said, on March 1 the prosecutor of the Tunis First Instance Tribunal charged Amdouni with “insulting a public officer during the performance of his duty,” punishable by up to one year in prison under article 125 of the penal code, “causing embarrassment and disruption,” and “apparent drunkenness.” On March 4, the Cantonal Court in Montfleury, southwest of Tunis, found Amdouni guilty on all charges and sentenced her to six months in prison and a fine of 18 Tunisian dinars ($6.50). The lawyer submitted an appeal on March 5.

Hanchiri, who took on Amdouni’s defense on behalf of Damj Association, a Tunis-based LGBT rights group, said that her case file presented in court included no evidence of her targeting a police officer at the station or on the street, or any indication that she had been drunk. The case file says that Amdouni was in a “disorderly state” and had “offended police honor” by shouting and cursing outside the station, as a basis for her conviction, Hanchiri said.

Amdouni was leaving a restaurant in downtown Tunis on February 27 when a police officer in the street began verbally harassing her and ridiculing her based on her gender expression, which prompted her to go to the nearest police station and file a complaint. “Amdouni has been facing consistent harassment by police in the street and online for months, which caused her to suffer severe mental health consequences and break down,” Hanchiri said.

Mohammed Amin Hdeiji, a lawyer who accompanied Amdouni to the 7 eme police station on February 27, told Human Rights Watch that police officers in the station ridiculed Amdouni’s appearance and harassed her based on her presumed sexual orientation. “Eight police officers surrounded her and repeatedly insulted her, and one told her, ‘You are a homosexual, you will not win against us, and we will not allow you to defame police officers,’” Hdeiji said.

Hanchiri spoke to Amdouni, who told him that at the Manouba women’s prison where she is detained, women prison guards have repeatedly entered her cell at night while she was sleeping, insulted her using derogatory language relating to her sexual orientation and gender expression, and threatened her for attempting to complain about the police, he said.

Human Rights Watch has documented violations by Tunisian security forces against activists at protests, including targeting LGBT activists with arbitrary arrests, physical assault, threats to rape and kill them, and refusing them access to legal counsel. Amdouni’s case was among those Human Rights Watch documented, which included police singling her out at protests due to her gender expression and LGBT rights activism.

In an interview in February before her arrest, Amdouni told Human Rights Watch that since January she has been subjected to online harassment, bullying, and threats of violence, including death and rape. Human Rights Watch reviewed many of the Facebook posts, including by individuals who identified themselves as police officers, harassing Amdouni based on her gender expression and presumed sexual orientation. A member of parliament, Seif Eddine Makhlouf, ridiculed her on his personal Facebook page based on her gender expression. Amdouni has since deleted her social media accounts.

On January 11, the police searched for Amdouni near her residence, and asked neighbors if she was there, which prompted her to leave her neighborhood and hide out, she said: “I don’t feel safe, even in my apartment. Police came looking for me in my neighborhood. My life is threatened, and my mental health is deteriorating. People are staring at me in the street and harassing me online.”

The right to privacy and nondiscrimination are reflected in Tunisia’s 2014 constitution under article 24 and article 21, respectively. However, the absence of accountability and reliable complaint systems, as well as the lack of nondiscrimination legislation based sexual orientation and gender identity under domestic law, limit LGBT people’s access to redress, creating an environment in which police may abuse them with impunity, Human Rights Watch said.

The UN Human Rights Committee, in its general comment on article 19 of the International Covenant on Civil and Political Rights, which Tunisia has ratified, stated that, “The mere fact that forms of expression are considered to be insulting to a public figure is not sufficient to justify the imposition of penalties […]. Moreover, all public figures […] are legitimately subject to criticism and political opposition.”

Tunisia’s parliament should reform article 125 of the penal code because of the various ways that it can be interpreted by authorities to limit free expression, Human Rights Watch said.

The Yogyakarta Principles, on the application of international human rights law in relation to sexual orientation and gender identity, instruct states to “[…] prevent and provide protection from cruel, inhuman or degrading treatment or punishment, perpetrated for reasons relating to the sexual orientation or gender identity of the victim, as well as the incitement of such acts.”

Tunisian authorities should ensure that complaints, including Amdouni’s, are handled confidentially and swiftly, following a clear procedure, and that people can submit complaints without fear of reprisals, Human Rights Watch said. The authorities should also ensure that no victim of discrimination is denied assistance, arrested, or harassed based on their sexual orientation or gender identity.

“The Tunisian government claims it is committed to protecting individual freedoms, but prosecuting individuals who report violations of their rights shows that this rhetoric does not match reality,” Younes said. “Tunisian authorities should investigate allegations of police harassment against Amdouni and stop using the judicial system to persecute her.”

For 30 days, beginning January 17, European Union commissioners received daily Twitter notifications linking to personal stories of lesbian, gay, bisexual and transgender (LGBT) Poles who have been harmed  by the  so-called “LGBT Ideology Free Zones” or anti-LGBT “Family Charters” in nearly 100 Polish regions, towns, and cities.

The tweets were part of a campaign led by two Polish LGBT groups, Campaign Against Homophobia (Kampania Przeciw Homofobii, KPH) and The Equality Foundation (Fundacja Równości, FR), calling on EU Commissioners to initiate an infringement procedure – a legal action that can lead to referral to the European Court of Justice – against Poland. The “LGBT-free zones” and other discriminatory measures, activists asserted in a legal complaint submitted to the European Commission in September, breach Poland’s legal obligations under the EU Charter of Fundamental Rights and a European Council directive for equal treatment in employment and occupation.

The “Infringement Now” campaign is the latest salvo in an ongoing political tug-o-war between a far-right nationalist government, which welcomes the economic benefits of EU membership but shows utter contempt to the obligations associated with it, and advocates for EU institutions to play their role as guardian of the rights protected by EU treaties. Together with the fate of the country’s judiciary and the ongoing pressure on its media and civil society, the rights of LGBT people and of women and girlsare among the battlegrounds for Poland’s future.

 Last August the EU Commission cancelled grants  for six Polish towns that had declared themselves  “LGBT-ideology free zones.” While that measure was more symbolic than material, it was a boiling point in a dispute that had been simmering for years.

LGBT rights have symbolic currency on both sides. For the Warsaw mayor and 2020 presidential candidate Rafał Trzaskowski of the centrist Civic Platform Party, being an outspoken LGBT ally speaks  to his vision of an inclusive society and pro-EU Poland. In 2019 Trzaskowski signed an LGBT+ declaration for Warsaw, a 10-point plan for overcoming discrimination and promoting equality.

In the wake of the controversy sparked by his pro-LGBT stance, the ruling Law and Justice Party (Prawo i Sprawiedliwość, PiS) intensified its anti-LGBT rhetoric, ensuring that LGBT rights became a key battleground in the 2019 parliamentary elections. And in the run up to the 2020 presidential election, the PiS candidate and president Andrezj Duda signed the so-called “Family Charter.” which opposes same-sex marriage and adoption rights as well as comprehensive sexuality education in schools.

Why do questions around gender and sexuality stoke such intense passions? This scenario is neither new nor unique. Minorities have invariably been scapegoated in situations of conflict.  Rights around individual autonomy, in this case, the rights of LGBT people, together with reproductive rights, protections against domestic violence, and sex education have become emblematic of broader social values, Poland’s relationship with the EU and the strength of human rights writ large. 

This has been accompanied by other attacks on rights. In July 2020, Poland’s justice minister announced that he would pursue withdrawing the country from the Istanbul Convention that seeks to combat violence against women, including domestic violence. In January, amid widespread protest, a Constitutional Tribunal ruling that virtually bans legal abortion went into effect after the government bypassed Parliament to put the issue before the politically influenced court.  A bill that would potentially  criminalize anyone providing sex education, is pending.

With PiS returned to power and proceeding apace with its anti-LGBT agenda, LGBT advocates and their supporters are doing their best to use the limited options for redress in Poland. The Polish Ombudsman has challenged the adoption of anti-LGBT declarations before local administrative courts, and succeeded in four cases, although public prosecutors have appealed these decisions. LGBT advocates have appealed to human rights norms that transcend national boundaries, such as the appeal to the European Commission to censure Poland for breaching its human rights obligations. As Bartosz Staszewski, of the Lublin Pride Association said: “We cannot count on our government, we cannot count on our president, the only thing we can count on is the European Union.”  

Membership of the EU comes with obligations, such as adherence to the EU’s founding values including respect for human rights and the core principles of non-discrimination and tolerance. In December 2017, in response to problematic judicial reforms, the European Commission triggered Article 7 of the EU Treaty against Poland, which can lead to suspension of a member state’s rights if it is found to persistently breach those values.

Given Poland’s sustained attack on the human rights of LGBT people, as well as women and others, the European Commission can and should do more. Initiating an infringement procedure would send a strong message that these kinds of policies have no place in the EU, could press the Polish government to change route, and would offer a chance to the EU Court of Justice to reaffirm states’ obligations to protect, not neglect, their LGBT citizens.

In Poland human rights and  tenets  of democracy are under threat, including the independence of the judiciary and free press. In this assault, LGBT rights are seen as a soft target. In standing up for the rights of LGBT people in Poland, the EU would be moving not only to protect the rights of  a vulnerable minority, but human rights writ large.

LGBT+ trailblazer Colin Robinson has tragically died at age 59 of colon cancer.

The author and activist, from Trinidad and Tobago, died at his sister’s house in Washington, DC on 4 March.

Robinson was an LGBT+ activist for more than 40 years, fighting for pride and equality all over the Caribbean.

He founded CAISO in 2009, a Trinidadian LGBT+ advocacy organisation. In the 1990s he co-founded the Audre Lorde Project and Caribbean Pride while he was studying in New York City. Between 1998 and 2003 he was on the international board of directors of OutRight Action.

One of his most important fights was for the decriminalisation of consensual same-sex sexual relations in Trinidad and Tobago. A ban on gay sex was overturned in 2018.

As a poet, Robinson published a collection called You Have You Father Hard Head. His work appeared in journals and anthologies such as Calabash, Caribbean Erotic: Poetry, Prose, and Essays, The Caribbean Writer, Corpus: an HIV Prevention Publication and Moko.

Caribbean organisations came forward to mourn Robinson’s death, among them CAISO.

It tweeted: “We share in this enormous loss with the many communities, organisations and people who Colin collaborated with over his four decades of activism, community building and fierce commitment to human rights.”

Caribbean Vulnerable Communities, a group that fights HIV/AIDS discrimination, said Robinson’s “contribution to advancing the cause of LGBT+ people across the region in his over four decades of activism, community building and standing up for human rights is one we applaud and celebrate in his memory”.

“Organisations across the Caribbean, and indeed the world, can attest to Colin’s creatively imaginative ways of fighting for justice, always ensuring that these efforts were grounded in the collective voice, lived experiences and will of the LGBT+ community across the region,” it added.

Jessica Stern, executive director of OutRight Action International paid tribute to Robinson.

“Colin’s work for the LGBTIQ community in Trinidad was herculean, long-lasting, and transformative, he was also very clever and funny, so you wanted to know what he was thinking and would say next,” Stern said. “Though Colin’s life was too short, his impact was great and his legacy will endure,”

We write to you ahead of the United Nations Human Rights Committee’s upcoming review of the Republic of Malawi to highlight key areas of concern in relation to sexual orientation and gender identity that Human Rights Watch hopes will inform this aspect of the Committee’s consideration of the government of Malawi’s compliance with the International Covenant on Civil and Political Rights.

This submission covers the lack of progress made on key concerns related to sexual orientation highlighted by the Committee during its last review of Malawi in 2014, including criminalisation of consensual adult same-sex sexual conduct, violence against lesbian, gay, bisexual and transgender persons, stigma and discrimination in access to health care services and responsibilities of the Malawi Human Rights Commission.

In 2018, Human Rights Watch documented the impact of Malawi’s Penal Code criminalising consensual same-sex relations and found that the punitive legal environment combined with social stigma allows police abuse to go unchecked and prevents many lesbian, gay, bisexual, and transgender (LGBT) people from reporting violence or accessing health care services.

Chapter XV of Malawi’s Penal Code, on “Offences Against Morality,” contains several provisions that criminalize adult consensual same-sex conduct. Section 153 provides that any person found guilty of committing an “unnatural offence /offence against the order of nature” is liable to 14 years in prison, with or without corporal punishment. Section 154 punishes attempted unnatural offences with seven years’ imprisonment, and section 156 punishes “gross indecency” between males with five years in prison, with or without corporal punishment. While these laws date back to British colonialism, former president Bingu wa Mutharika’s government enacted a new anti-homosexuality law in January 2011, amending the Penal Code to extend the crime of “gross indecency” to women. Section 137A provides that any female person who, whether in public or private, commits “any act of gross indecency with another female” shall be guilty of an offence and liable to a prison term of five years.

Lesbian, gay, bisexual and transgender (LGBT) people face routine violence and discrimination in almost all aspects of their daily lives. Police often physically assault, arbitrarily arrest and detain them, sometimes without due process or a legal basis, at other times as punishment for simply exercising basic rights, including seeking treatment in health institutions. Several transgender individuals interviewed by Human Rights Watch said that the combination of criminalization of adult consensual same-sex conduct and social stigma has had an insidious effect on their individual self-expression, forcing them to adopt self-censoring behaviour because any suspicion of non-conformity may lead to violence or arrest.

The challenges facing LGBT people in Malawi have been further exacerbated by the lack of clarity and divergent opinions regarding the legality of a moratorium on arrests and prosecutions for consensual same-sex conduct acts, issued in 2012 by justice minister, Samuel Tembenu. In December 2015, the minister reaffirmed the moratorium but in 2016, Christian religious leaders were successful in getting the Mzuzu High Court to issue an order suspending the moratorium pending judicial review by the Constitutional Court.

This uncertainty encourages private individuals to attack LGBT people with impunity, while health providers frequently discriminate against them on the grounds of sexual orientation. Many interviewees, particularly gay men and transgender women, told Human Rights Watch that the lack of certainty about the moratorium on arrests and prosecutions, combined with routine discrimination and stigma in health care settings, creates barriers to seeking HIV services and treatment.

A constitutional review of section 153(a) of the Penal Code (referenced above), initiated in September 2013 before the High Court in Lilongwe, is still delayed on procedural grounds over seven years later, but remains a potential a path to decriminalizing consensual same-sex conduct in the country. And in 2017, thanks to pressure from some of the nation’s human rights groups, the Malawi’s Human Rights Commission relented from saying it would conduct a public inquiry “to inform the national position on the controversial issue of LGBTI,” to instead conducting a study on the rights of LGBT and intersex people in Malawi. The status of that study is unknown to Human Rights Watch.

Criminalization of adult consensual same sex conduct means that in practice police violate the rights of LGBT people with impunity, with transgender people—who draw the attention of police officers because of their gender non-conformity – apparently bearing the brunt of the violations. Criminalization also contributes to a climate of impunity for crimes committed against LGBT people by members of the public. In one of the cases documented by Human Rights Watch, police refused to open a case when a transgender man reported a burglary at a police station, instead, they threatened to arrest him on homosexuality charges. He was detained for several hours and only released after paying a bribe. Many other LGBT people told Human Rights Watch that they were afraid to report crimes to the police.

Malawi’s anti-homosexuality laws contravene several regional and international human rights treaties. The laws violate the right to non-discrimination, the right to equality before the law and equal protection of the law, and the right to privacy and contribute to violations of the right to liberty and security of the person, the right to the highest attainable standard of health, and the right to freedom of association. More detailed information can be found on Human Rights Watch’s LGBT page:

Criminalisation of adult consensual same sex conduct (ICCPR articles 2, 9, 17, 26) 

Human Rights Watch urges the Committee to question the government of Malawi about decriminalisation of adult consensual same sex conduct: 

• What steps has the government of Malawi taken to clarify the legal standing of the moratorium of arrests for consensual same-sex conduct?
• What steps has the government of Malawi taken to repeal sections 153, 156, 157 and 137A of the Penal Code that criminalize adult consensual same sex conduct?
• What steps has the government of Malawi taken to repeal section 132 of the Penal Code and replace it with a gender-neutral definition of sexual assault including rape?
• Has the government introduced a mechanism to monitor cases of violence against lesbian, gay, bisexual, transgender and intersex person, prosecute perpetrators and compensate victims?
• What concrete measures has the government of Malawi taken to address unfair discrimination on the basis of sexual orientation and gender identity?

Arbitrary arrest of LGBT people and equal protection of the law (ICCPR articles 9, 26) 

Human Rights Watch urges the Committee to question the government of Malawi about protection of and prohibition of violence perpetrated against LGBTI individuals: 

• Has the government of Malawi issued clear directives to all police officers instructing them to respect the moratorium on arrests for consensual same-sex conduct pending repeal of the relevant provisions of the Penal Code and end arbitrary arrests and detention of LGBT individuals?
• What steps has the government taken to establish human rights desks at police stations to provide a safe environment for LGBT persons to report police abuses and for complaints to be processed and investigated without delay?

Stigma and Discrimination in Access to Health Care Services (ICCPR article 17)

Human Rights Watch urges the Committee to question the government of Malawi about non-discriminatory access to health care services for LGBT persons: 

• Has the government of Malawi put in place measures to ensure the effective implementation of and compliance with national legislation that makes it unlawful to discriminate against anyone , including LGBT people, based on their HIV status?
• Has the government of Malawi established sensitization programs on sexual orientation and gender identity for health care providers at all government hospitals and a complaints mechanism for individuals subjected to discrimination while seeking HIV services and treatment?

Roles and Responsibilities of the Malawi Human Rights Commission (ICCPR article 2)

Human Rights Watch urges the Committee to question the government of Malawi about the independence and responsibilities of the Human Rights Commission: 

• Does the Human Rights Commission monitor, investigate and publicly report on incidents of violence based on sexual orientation and gender identity?
• What concrete steps has the Human Rights Commission taken to effectively implement the actions adopted at the March 2017 workshop hosted by the Network of African Human Rights Institutions? These actions include supporting strategic litigation efforts to uphold the rights of LGBT persons and conducting staff training on sexual orientation and gender identity issues.  
• What is the status of the Malawi’s Human Rights Commission’s study on the rights of LGBT and intersex people in Malawi that it committed to in 2017?

Administration of Justice (ICCPR article 14) 

Human Rights Watch urges the Committee to question the government of Malawi about addressing the backlog of cases: 

• In order to finally resolve the question of legality of the moratorium on arrests and prosecutions for consensual homosexual acts and the constitutional validity of section 153 of the Penal Code, has the Supreme Court taken the necessary steps to expedite cases No. 22 of 2011, No. 411 of 2011 and No. 622 of 2011?