Thanks #Angola for taking a huge step in protecting and promoting the rights of the #LGBT community in your country. Africa and the world have a lot to learn from you. .@PanAfricaILGA https://t.co/QZ3xZtlrqH

— Richard Lusimbo (@richardlusimbo) February 9, 2021

Angola: law decriminalising consensual same-sex relations comes into force

The revised penal code has come into force in Angola, 90 days after it was signed into law. Under the new provisions, consensual same-sex relations are no longer considered a criminal offence, and discrimination on the grounds on sexual orientation is banned.

As ILGA World’s State-Sponsored Homophobia points out, Angola started the revision of its criminal law in 2004. In January 2019, Angola approved a new penal code that did away with the colonial-age provision that criminalised “indecent exposure” consisting in an “act against nature with an individual of the same sex”, and that could have led to a maximum of three years in prison.

New changes in the text of the Code were discussed by the Parliament, and the official version of the new Penal Code was finally published on 11 November 2020, coming into force after 90 days.

Human rights defenders from across the world celebrated the news: “Thanks Angola for taking a huge step in protecting and promoting the rights of the LGBT community in your country”, wrote Pan Africa ILGA’s programme manager Richard Lusimbo. “Africa and the world have a lot to learn from you.”

President Biden says he is issuing a presidential memorandum to U.S. agencies to support LGBT issues worldwide, including combating criminalization of homosexuality and protecting LGBT refugees and asylum seekers https://t.co/ZbKy9mW1iT pic.twitter.com/UtgfjwGfTZ

— CBS News (@CBSNews) February 4, 2021

United States: President Biden issues memorandum on advancing the rights of LGBTQI persons around the world

U.S. President Joe Biden issued a presidential memorandum aimed at expanding protection of the rights of lesbian, gay, bisexual, transgender, queer and intersex people worldwide.

The document builds on the legacy of a similar 2011 document, and clearly directs all departments and agencies involved in diplomacy and foreign assistance to combat the criminalisation of same-sex relations, protect LGBTQI refugees and asylum seekers, and combat violence and discrimination.

“It shall be the policy of the United States to pursue an end to violence and discrimination on the basis of sexual orientation, gender identity or expression, or sex characteristics, and to lead by the power of our example in the cause of advancing the human rights of LGBTQI+ persons around the world,” the memorandum reads.

The announcement has been welcomed by institutions and human rights defenders worldwide. The Inter-American Commission on Human Rights celebrated the initiative and reaffirmed “its willingness to provide technical cooperation to States in the promotion and protection of the human rights of LGBTQI persons in the region”. According to Outright Action International, the timing of the memorandum “indicates that LGBTQI equality is a foreign policy priority from the earliest days of his administration”.

“Brave LGBTQI+ communities have constantly been subjected to torture, discrimination, stigmatization and, above all, abuse of their human rights at all levels”, said Pan Africa ILGA Executive Director Nate Brown. “The memo is therefore a very historic moment that is going to be a step towards the advancement of LGBTIQ people globally, including in the African continent”.

Our Burmese LGBTIQ friends & fellow activists are for calling for #ASEAN solidarity. We cannot fail them. Defending democracy is our common responsibility. We must not allow the military junta to sow fear again. #SaveMyanmar #CivilDisobedience#HearTheVoiceOfMyanmar pic.twitter.com/mWUanh2pXY

— Ryan Silverio #SOGIEEqualityNow (@queeringryan) February 5, 2021

LGBTI organisations join forces to ask Myanmar military “respect democracy and its peoples' choice”

At least 48 LGBTI human rights organisations from across Asia and the Pacific have joined forces to condemn the coup in Myanmar and ask the military to “respect democracy and its peoples’ choice”.

“While not without its flaws,” the organisations point out, “Myanmar has been on the journey towards a diverse, inclusive and participatory democracy since its democratic transition a decade ago. This progress has enabled a broad and meaningful involvement of civil society, including LGBTI organisations and activists in Myanmar. The military coup jeopardises and threatens to reverse all this progress.” 

According to reports, our communities have taken to the streets together with hundreds of thousands of people across the country, calling for the military to relinquish power and return it to the elected government. Police, however, responded to peaceful protests with violence, and at least two persons were reported in critical conditions after the incidents.

Fiji: Pacific rainbow activists join forces in a virtual symposium

LGBTI human rights defenders from the Pacific region will soon host a virtual symposium to address the most pressing issues, policies or laws in their countries that contribute to human rights violations, and map ways forward.

Organised by ILGA Oceania and virtually hosted in Fiji on 19 February, the symposium will especially focus on the climate emergency, the Covid-19 response and the ongoing struggle towards decriminalisation of consensual same-sex relations.

“This interactive symposium will pick up on an intersectional lens of human rights breaches,” organisers pointed out, “whilst encouraging collaboration and engagement with politicians, religious leaders and all other interested bodies through dialogue and the understanding of each other’s point of view to come to a safe space to discuss these important issues”. Register now to attend

Authorities in #Bulgaria are not recognising the valid #EU birth cert of the child of a same sex couple. Tomorrow the European Court of Justice must clarify that if you are a parent in one EU country, you are a parent in every EU country #ParentsWithoutBorders pic.twitter.com/MtxuOLeYv4

— ILGA-Europe (@ILGAEurope) February 8, 2021

Bulgaria: baby at risk of statelessness as authorities refuse her mothers’ request for a birth certificate

LGBTI organisations are calling on the Court of Justice of the European Union (CJEU) to rule in favour of a baby left at the risk of stateless, as authorities in Bulgaria refused to include both her mothers in her birth certificate.

The Court has begun to hear the case this week, and its decisions will have far-reaching implications for rainbow families and their right to freedom of movement across the European Union.

Baby S. was born in Spain in 2019, and her mothers were born in Bulgaria and Gibraltar respectively. Under current Spanish law, however, Baby S. could not acquire Spanish citizenship because neither of her two mothers is a Spanish citizen. As the women required Bulgarian citizenship for Baby S., however, authorities refused to issue a birth certificate in which the parents are two persons of the same sex. As ILGA World’s State-Sponsored Homophobia points out, same-sex partnerships are not legally recognised, nor is second-parent adoption.

The whole situation, ILGA-Europe points out, has left the baby at risk of statelessness. At the moment, she has no personal documents – which is going to restrict her access to education, healthcare, and social security - and cannot leave Spain, the country of the family’s habitual residence. 

According to the case taken to the CJEU, Bulgarian authorities are violating the rights of a European citizen on the grounds of sexual orientation - namely to free movement, and to private and family life. The Court is expected to rule on the case in several months’ time. Read more about the case

La @CIDH llama al Estado de #Panamá a garantizar los derechos humanos de las personas trans y de género diverso en el contexto de las medidas de restricción parcial de la movilidad durante la pandemia del #COVID19. #LGBTI

Comunicado de Prensa: https://t.co/BDqDNMARgy pic.twitter.com/630H5pIdA1

— CIDH - IACHR (@CIDH) February 4, 2021

Inter-American Commission on Human Rights calls on Panama to guarantee the human rights of trans and gender-diverse persons within the Covid-19 response

At least 45 acts of violence and discrimination against trans and gender-diverse persons were reported in Panama over the last nine months, as the country implemented measures to partially restrict the mobility of persons based on their gender within its Covid-19 response.

Although these gender-segregated provisions were lifted this week, the Inter-American Commission on Human Rights has called on the state to consider the impact of the measures that were adopted, and to guarantee the rights of trans and gender-diverse persons while the fight against Covid-19 continues.

Under the gender-segregated measures, trans people were denied entry to health centres, supermarkets, and other essential facilities, as the gender marker on their documents did not reflect their gender identity. One trans human rights defender was arrested under the same accusation.

As the state assesses the impacts of such measures, the Commission also urged Panama to “guarantee simple and expeditious legal mechanisms for the exercise of the right to gender identity and expression in a simple manner during the pandemic”, and to strongly condemn and investigate acts of violence and discrimination against trans and gender-diverse persons.