ICJ ran a SOGIE Facebook Live Campaign for Pride Month 

ICJ ran a SOGIE Facebook Live Campaign for Pride Month 

The ICJ hosted live interviews with human rights defenders from Asia, Africa and Latin America to mark Pride Month, which is celebrated during the month of June in various parts of the world. The interviews took place from 22 June to 3 July 2020.

In total, 13 human rights defenders from 11 countries spanning three continents, who are working to uphold the human rights of of lesbians, gay, bisexual, transgender (LGBT) individuals, were interviewed.

The interviews discussed existing legal systems that discriminate on the basis of sexual orientation, gender identity and expression (SOGIE) and the impacts of COVID-19 on existing activism, .

The interviews aimed to provide quick snapshots of different country and regional contexts and a platform for LGBT activist voices on the varied and devastating impacts of COVID-19 on LGBT people.

Debunking cultural myths

In many countries around the world where people are criminalized or stigmatized as a result of harmful steretypes and prejudice on the grounds of their real or imputed SOGIE, public discourse tend to cast LGBT relationships and identities as threats to culture, religion or beliefs and the future of the nation. These interviews endeavoured to interrogate and debunk cultural and regional myths surrounding SOGIE identities as ‘Western’ constructs.

In a response to homosexuality being said to be ‘unAfrican’, Kutlwano Pearl Magashula, executive officer for program functions at the Other Foundation from Botswana, said:

“Utterances that suggest that homosexuality is unAfrican enforce stigma and violence and serve to carve deep roots in the consciousness of people around the world that breed discrimination and treating people differently.”

Devastating impacts of COVID-19 on LGBT people

Important impacts of COVID-19 on LGBT people were highlighted by different speakers, ranging from a loss of livelihood, vulnerability to violence at home and in public spaces, as well as challenges in accessing healthcare.

“There is violence against transgender women sex workers. The police arrest them, yell at them and shoot at  them with rubber bullets. This is a recent episode here in Colombia and it is terrible. If they don’t work, they don’t have money to buy food and pay the rent. It is a difficult scenario,” Dejusticia researcher Santiago Carvajal Casas from Columbia said.

Pre-existing inequalities and landmark wins

Personal experiences of ‘life after’ important wins from around the world were shared. Some important gains from the decriminalization of consensual same-sex sexual relationships in Botswana and India, as well as the recent legalization of same-sex marriage in Taiwan must be celebrated. However, many of these wins may remain illusory for people who have been discriminated against on the basis of class, caste and other status inequality, or are without social support, especially in the face of COVID-19.

“What we really need is social protection, we need a safety-net for all those who are close to the poverty line and who are likely to go below the poverty line because of disasters like the COVID-19 epidemic or catastrophic out of pocket healthcare expenditures. We definitely need accessible healthcare for everyone and livelihood.” – Dr. L Ramakrishnan, public health professional and Vice-President of SAATHII, India

Watch the Facebook lives below:

Kutlwano Pearl Magashula, Executive Officer for Program Functions at the Other Foundation, on the board of LEGABIBO as the vice-chairperson and co-founder of the autonomous feminist collective Black Queer DocX (Botswana)

Busisiwe Deyi, Commissioner of CGE/ Lecturer of Jurisprudence (South Africa)

Letlhogonolo Mokgoroane, lawyer activist and podcaster (South Africa)

Lini Zurlia, advocacy officer at ASEAN SOGIE Caucus (ASEAN/Indonesia)

Yee Shan, member of Diversity Malaysia (Malaysia)

Sirasak Chaited, human rights campaigner, LGBT+ and sex worker rights activist (Thailand)

Santiago Carvajal Casas, Dejusticia researcher (Colombia)

Sih-Cheng (Sean) Du, Director of Policy Advocacy at Taiwan Tongzhi (LGBTQ+) Hotline Association (Taiwan)

Neeli Rana, transgender activist (Pakistan)

Riska Carolina, The Indonesian Plan Parenthood Association (IPPA) member (Indonesia)

Hla Myat Tun, Deputy Director from Colors Rainbow and Co-Director at &PROUD (Myanmar)

Dr. L Ramakrishnan, Vice President Saathii, activist, public health professional (India)

Nigel Mpemba Patel, Associate editor at the South African Journal on Human Rights and research consultant at ILGA World (Malawi)

***

Cover photo by Violaine Biex-Colors Rainbow, Myanmar.

South Africa: authorities must work urgently to curb gender-based violence under lockdown

South Africa: authorities must work urgently to curb gender-based violence under lockdown

As South Africa enters into its second week of a 21-day lockdown, the ICJ calls on  national, provincial and local government authorities to urgently implement measures to prevent sexual and gender-based violence (SGBV) and protect women and children from it.

The country has been under lockdown since 26 March, with the population remaining at home, physically isolated in an attempt to ‘flatten the curve’ of transmission of the Covid-19 virus.

However, the lockdown means that some are trapped in their homes with their oppressors.

“A lockdown impacts women differently. For some women, being forced into lockdown with an already abusive partner heightens the risk of abuse and violence. It also means less support and fewer chances to seek help,” ICJ Senior Legal Adviser Emerlynne Gil said.

On 3 April, Police Minister Bheki Cele said that the South African Police Services had received 87,000 SGBV complaints violence during the first week of the national Covid lockdown.

Among the complainants was the wife of a police officer who reported that her husband had raped her. The officer has since been arrested.

The South African authorities have taken some steps to enhance women’s access to protection from SGBV during this lockdown, including by ensuring that women have access to courts for urgent civil matters, such as protection orders, as well as ensuring that there is an SMS line through which they can seek help.

Social services and shelters have also been made available. However, the authorities can and should go further in ensuring that these services are widely publicized, and that women have effective access them during the lockdown.

“Under international human rights law, States are legally obliged to take measures to prevent, address and eliminate SGBV,” ICJ Legal Associate Khanyo Farisè said.

“The South African authorities should do more, in particular, by raising awareness about GBV and providing comprehensive multi-sectoral responses to victims.”

Under international human rights law binding on South Africa, such as the Convention on the Elimination of All Forms of Discrimination against Women, States are obligated to take all appropriate measures to eliminate violence against women of any kind occurring within the family, at the work place or in any other area of social life.

In a previous statement, the ICJ also called on States to ensure that measures to tackle Covid-19 are gender responsive.

The ICJ calls on South African authorities to:

  • Widely publicize health and legal services, safe houses and social services and police services available to victims of SGBV, including the hotline 0800-428-428 or *120*786#
  • Effectively respond to reported cases of SGBV and provide protection to victims through a multi-sectoral approach involving all relevant stakeholders.
  • Investigate the causes of SGBV, including the surge of this scourge in the South African context during the COVID19 pandemic, and identify further measures to protect women against SGBV that are specifically required during pandemics.
  • Implement “pop-up” counseling centres in mobile clinics or in pharmacies to support women who experience SGBV.
  • Include the work of domestic violence professionals as an essential service and provide emergency resources for anti-domestic abuse organizations to help them respond to increased demand for services.

Contact

Khanyo  Farisè, ICJ Legal Associate, e: nokukhanya.Farise(a)icj.org

Shaazia Ebrahim, ICJ Media Officer, e: shaazia.ebrahim(a)icj.org

ICJ calls for bold action to end discrimination against women based on religion, tradition, custom, and culture

ICJ calls for bold action to end discrimination against women based on religion, tradition, custom, and culture

The ICJ commemorates International Women’s Day by calling on States all over the world to take decisive steps to abolish or amend laws, policies and practices that discriminate against women and girls, including those belonging to Sexual Orientation, Gender Identity and Expression and Sex Characteristics (SOGIESC) minorities.

“All over the world, we are facing increasing attacks on the rule of law, which intensify existing inequalities resulting in compounded and intersecting forms of discrimination against women and girls, especially women from SOGIESC minorities,” said Emerlynne Gil, ICJ’s global focal point on gender.

The ICJ also calls on frontline justice actors, such as judges, lawyers and law enforcement officers, to take proactive steps in eliminating gender discriminatory practices in their work to further enhance access to justice for women.

Such action includes an open and inclusive discourse on regressive interpretations of religious and customary laws that discriminate against women.

The ICJ also urges States to acknowledge the diverse voices of women in this discourse, including those of women who belong to SOGIESC minorities.

“Women and girls, including those from SOGIESC minorities, are at a heightened risk of human rights abuses, most especially because a greater number among them is now living in poverty and is unable to access information about their rights, as well as justice for the violations they suffer,” added Emerlynne Gil.

.International Women’s Day is a symbolic acknowledgement of women’s struggle for gender equality in all spheres of life.

While celebrating the recognition of women’s legal rights and entitlements, the ICJ also notes with deep concern the growing trend around the world to push back on these advances in a manner that fundamentally violates the rights of women.

In 2019, the ICJ adopted the Tunis Declaration on Reinforcing the Rule of Law and Human Rights (Tunis Declaration), wherein it highlighted how “culture, tradition, or religion are being used to justify laws, policies, and practices that discriminate against women and girls”.

The proliferation of these discriminatory laws, policies and practices “come at a time when there is growing inequality, accelerating climate change, conflict, and large-scale displacement of people.”

Upholding cultural practices is often invoked as a convenient excuse to justify the continued existence of laws, policies, and practices that discriminate against women and girls, including those belonging to SOGIESC minorities.

While the ICJ affirms the importance of respecting cultural rights, these must be exercised in a manner consistent with core rule of law principles of non-discrimination, equality and equal protection of the law.

The ICJ notes that claims of cultural preservation are often based upon harmful gender stereotypes and deeply problematic patriarchal norms and attitudes that undergird the sanctification of discriminatory cultural, religious, traditional, and customary norms.

In the Tunis Declaration, the ICJ recognized “the persistent, deep entrenchment of patriarchal culture that perpetuates gender stereotypes in many national and international institutions, including those of the legal profession and judiciary.”

Harmful gender stereotypes, in turn, severely hamper women from enjoying their human rights and from equal access to justice, including for crimes of sexual and gender-based violence perpetrated against them.

Contact

Emerlynne Gil, ICJ Senior International Legal Adviser, email: emerlynne.gil(a)icj.org

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