Protection LGBTI asylum seekers & refugees in the reform of the CEAS .............

On Tuesday 7 March 2017 from 14:00 – 16:00, the Intergroup on LGBTI Rights will host a roundtable on the rights of LGBTI Asylum seekers in the reform of the Common European Asylum System (CEAS).

At this round table, we will discuss how to guarantee that the proposals to reform the European asylum system will work to ensure the rights of LGBTI asylum seekers.

Speakers will include the main rapporteurs for the files, Tanja Fajon MEP (Qualification Regulation), Malin Bjork MEP (Resettlement Framework) and Sophie in ‘t Veld MEP (Reception Conditions Directive), as well as representatives of civil society.

The meeting will take place in Brussels, and is open to the public. Please register by Friday 3 March by sending an email to contact@lgbt-ep.eu with your first name, last name, date of birth, passport/id-number, nationality and place of residence.

Common European Asylum System

Asylum is granted to people fleeing persecution or serious harm in their own country and therefore in need of international protection. Asylum is a fundamental right; granting it is an international obligation, first recognised in the 1951 Geneva Convention on the protection of refugees. In the EU, an area of open borders and freedom of movement, countries share the same fundamental values and States need to have a joint approach to guarantee high standards of protection for refugees. Procedures must at the same time be fair and effective throughout the EU and impervious to abuse. With this in mind, the EU States have committed to establishing a Common European Asylum System.

Asylum flows are not constant, nor are they evenly distributed across the EU. They have, for example, varied from a peak of 425 000 applications for EU-27 States in 2001 down to under 200 000 in 2006. In 2012, there were 335,895.

Asylum must not be a lottery. EU Member States have a shared responsibility to welcome asylum seekers in a dignified manner, ensuring they are treated fairly and that their case is examined to uniform standards so that, no matter where an applicant applies, the outcome will be similar.

The EU as an area of protection

Since 1999, the EU has been working to create a Common European Asylum System (CEAS) and improve the current legislative framework.

Between 1999 and 2005, several legislative measures harmonising common minimum standards for asylum were adopted. Also important was the strengthening of financial solidarity with the creation of the European Refugee Fund. And in 2001, the Temporary Protection Directive allowed for a common EU response to a mass influx of displaced persons unable to return to their country of origin. The Family Reunification Directive also applies to refugees.

After the completion of the first phase, a period of reflection was necessary to determine the direction in which the CEAS should develop. A 2007 Green PaperSearch for available translations of the preceding linkEN••• was the basis for a large public consultation. The responses, together with the results of an evaluation of how existing instruments were implemented, were the basis for the European Commission’s Policy Plan on AsylumSearch for available translations of the preceding linkEN•••, presented in June 2008. As stated in the Policy Plan, three pillars underpin the development of the CEAS: bringing more harmonisation to standards of protection by further aligning the EU States' asylum legislation; effective and well-supported practical cooperation; increased solidarity and sense of responsibility among EU States, and between the EU and non-EU countries.

New EU rules have now been agreed, setting out common high standards and stronger co-operation to ensure that asylum seekers are treated equally in an open and fair system – wherever they apply. In short:
The revised Asylum Procedures Directive aims at fairer, quicker and better quality asylum decisions. Asylum seekers with special needs will receive the necessary support to explain their claim and in particular there will be greater protection of unaccompanied minors and victims of torture.
The revised Reception Conditions Directive ensures that there are humane material reception conditions (such as housing) for asylum seekers across the EU and that the fundamental rights of the concerned persons are fully respected. It also ensures that detention is only applied as a measure of last resort.

The revised Qualification Directive clarifies the grounds for granting international protection and therefore will make asylum decisions more robust. It will also improve the access to rights and integration measures for beneficiaries of international protection.

The revised Dublin Regulation enhances the protection of asylum seekers during the process of establishing the State responsible for examining the application, and clarifies the rules governing the relations between states. It creates a system to detect early problems in national asylum or reception systems, and address their root causes before they develop into fully fledged crises.

The revised EURODAC Regulation will allow law enforcement access to the EU database of the fingerprints of asylum seekers under strictly limited circumstances in order to prevent, detect or investigate the most serious crimes, such as murder, and terrorism.

New report takes stock of fundamental rights in the EU, including LGBTI rights

Yesterday, the European Parliament adopted a new comprehensive report on fundamental rights in the EU. The report assesses how fundamental rights are implemented in the EU, and what must still be done to reach standards laid down in the Charter of Fundamental Rights.

The document includes an extensive snapshot of the situation for LGBTI people.General view of MEPs in Plenary Chamber

The report calls for action in the field of homophobic and transphobic hate crime (par. 123); non-discrimination (par. 55); free movement between Member States, including for same-sex couples and their children (par. 127); and access to employment, goods and services (par. 124).

Furthermore, important parts concerning the rights of transgender people were added through amendments tabled by the Greens/EFA.

It stresses that transgender people must not be considered mentally ill, and encourages the Commission to continue its work in the World Health Organisation to ensure that the upcoming International Classification of Diseases (ICD) will no longer consider trans people mentally ill.

An amendment by the same group encouraging Member States to prohibit unnecessary medical treatment on intersex children was rejected.

Ulrike Lunacek MEP, Co-President of the LGBTI Intergroup in the European Parliament and rapporteur on the Horizontal Equal Treatment Directive, reacted “This report shows the EU plays a fundamental role in safeguarding human rights. A key file would be for the European Council to finally unblock the Horizontal Equal Treatment Directive, and thereby guaranteeing that discrimination on the basis of sexual orientation is outlawed in all areas of life.”

“It’s essential that President Juncker, Vice-President Timmermans and Commissioner Jourová keep pressing for the anti-discrimination Directive, as promised at the beginning of their mandate.”

Daniele Viotti MEP, also Co-President of the LGBTI Intergroup in the European Parliament, added: “Despite the Commission’s List of Actions on LGBTI Rights, the Commission has been far too hesitant at times, and failed to show leadership in particular when there is no consensus of EU member states, affecting negatively on LGBTI people.”

“We call on the Commission to be firmer and quicker when reacting to injustice, both legally and politically.”

Read more

Read the complete report (particularly sections 123 – 127)

BREXIT & LGBTQ Asylum concerns

What does Brexit mean?

It is a word that has become used as a shorthand way of saying the UK leaving the EU - merging the words Britain and exit to get Brexit, in a same way as a possible Greek exit from the euro was dubbed Grexit in the past.

Why is Britain leaving the European Union?

A referendum - a vote in which everyone (or nearly everyone) of voting age can take part - was held on Thursday 23 June, to decide whether the UK should leave or remain in the European Union. Leave won by 52% to 48%. The referendum turnout was 71.8%, with more than 30 million people voting.

In the aftermath of the surprise vote by way of a referendum in the UK to leave the European Union with accusations of deception in lead up campaign whilst the political causality was former Prime Minister David Cameron and his successor Theresa May seems to be hesitating somewhat on how the ‘BREXIT’ would look like and when it will come through; the firestorm in recent days since a high court ruling that for BREXIT to happen the parliament has to lay out its plans and decide on how it intends to launch the path for the exit to occur. The seeming protectionist posture by many states including the UK itself as the perceived fallout for foreign workers and implications for trade deals with negotiations are becoming more apparent. Nervous stock holders have been on a holding pattern somewhat similar to when planes heading for Gatwick circle until it is there turn to land the pound has been slipping, share prices fluctuating leaving investors overall worried about their futures; then there is talk of moving to other markets such as the NIKEI or the US even as the FED may announce reduced interest rates. Not being part of the EU single market does not seem to bother the likes of Theresa May such as high tariffs for exporting or importing goods and services.

‘Article 50’ the actual instrument that must go into effect is effectively limited to two years is yet to be acted on, Theresa Mays says she wants to do so by March 2017 but in the same breath the UK cannot re-enact its membership with the World Trade Organization, WTO unilaterally and requires the consent of 163 countries for that to happen and the business of quotas are problematic or negotiations of said deals, the recently concluded 7 year negotiated deal with the EU and Canada seems to be seen as a template for getting out of this; with the UK a more services driven economy than for goods the WTO re-negotiations may be challenging, the politics trumps the economics some say. The UK is not a direct member of the EU and is involved by way of the EU and risk the exiting of the EU without those deals cemented as the timing is too short some say. There is no known schedule of commitments by the EU in the WTO in other words there is no active independent membership some BREXITiers say use the EU membership terms but the issue with that is

‘No problem’ says BREXITiers as the UK can fall back on the default international trading rules by the WTO but the EU sells more to the UK than vice versa so the EU has more to lose. But what about business interests, where the power realities lie and lobbyists?

The EU MEPs in the meantime seem to be in a hurry to oust the UK and get on with the business of the union, while the French and British are still at odds with border controls more so than ever now as illegal migrants pass through, some going to great extremes such as literally walking the length of the underground tunnel from France to the UK or risking life and limb via way of hiding in lorries and using force for truck drivers to take them to the border. Despite a well thought through and implemented SCHENGEN visa system in the 27 states in the EU in terms of freedom of movement of legal persons and asylum seekers who can also move across borders for temporary jobs for example refugees and illegal migrant want to go to the UK more so than Germany, France, Sweden and even Holland.

Will the UK indeed England or Britain depending on who in that old arrangement decide to leave by way of their own referenda in Scotland, Ireland and the Falklands become even more insular in terms of asylum number allocation? The near 300% rise in the paper application fees and other fees for approaching the court/Home Office seem to suggest the pathways are being slowly closing or shrunken to make it even more difficult for applicants.

It is The change in law pushed by the Home Office as well in terms of landlords in the UK can find themselves in serious trouble if they do not verify or notify the authorities of illegal immigrants has sent said immigrants deeper into the underground, indeed deportations are on the rise as a recent public matter brought to bear. LGBT Jamaicans who have been in hiding in the UK and the EU to a certain extent and who cannot justify the affidavits they present are also a part of the mix and are being deported, three persons of note were sent back recently.

On the other hand UK Prime Minister Theresa May just yesterday has implemented a registered travel scheme for business persons with India being the first country to fall in that category but the lower socio economic groups seem not to be considered, the UK is trying to (re)establish connections if and when BREXIT comes to life, India’s economy is growing and holds most of the cards in these negotiations. Talks between the EU and India on trade deal have been going on for nine years so this move by the UK PM is timely to grab first instead of the EU; bilateral trade between the UK and India has slowed in the last five years from $16 billion to $14 billion. There are inherent inconsistencies as the very Theresa Mays has said she wants immigration number to supposedly include asylum seekers from dome 300,000 per year to 150,000 a full 50% cut while opening up more to business interests. How can on one hand the UK be seen to be closing the door but rolls out the red carpet to India in a strategic move to upstage the EU?

There are thousands of commitments in the WTO arrangements and some make it sound easy and cannot be done overnight or in twenty four hours; under WTO there is very little access to services. Britain is already been seen as a troublesome neighbour maybe two years after invoking ‘Article 50’ there may not be a sensible agreement in place, temporary expedience may become the interim solution. Rolling over the article for a year or extending member ship maybe unappealing for both sides especially the UK and transitional arrangements may be not on the cards. However not being in the EU single market has not stopped places like the USA to sell into it; the preferential sugar arrangements from a Jamaican standpoint in recent years also is an indication of a kind of shrinking of certain agricultural consideration with supply and demand.

Political implications

Britain maybe seen as undermining the push for solutions to the borders issues, the Eurozone crisis and terrorism and I do not think there will some olive branch to the UK to re enter the EU as the EU now constituted may want to do all it can to stop others from leaving , Turkey’s recent re-enactment of the death penalty and a subsequent warning by Angela Merkel of membership of the EU the response from Turkey was it will take no talk from the EU.

The rapid rise of right wing sometimes extremists groups and political outfits who have formalised themselves is of concern, namely in Germany, France (the opposition to the Jungle tent camps) and of all places Holland that was once thought to be the bastion of true equality and an open arms policy on LGBT asylum seeking and relocation opportunities. Donald Trump’s “BREXIT times ten” on the campaign trail among other things he has spewed seems to have emboldened said fanatical right wingers, the bizarre case that got me thinking was the anti African descented push by a group in Holland with surprising support and with so many Jamaicans already there I am concerned. A recent report of a clash outside a club with Jamaicans and persons making racist remarks and declaring blacks should return to the countries has made this issue a live on. Such anti African and racist sentiments are also on the rise in the UK and what appears to be the Home Office’s hardened positioning on the cases before it; given their history of disbelief of homophobic violence and asylum applications it may become difficult for some with even legitimate claims in their affidavits. One infamous case comes to mind from the early 2000s where the judge literally told the applicant he was not ‘camp’ enough to be gay and that he was lying, a deception by the way used by some (sometimes encouraged allegedly by dishonest solicitors) to act ‘camp’ with everything from aesthetic changes to boot while in holding camps to overdone effeminacy so that witnesses can say he displays stereotypes.

Angela Merkel

Germany’s more accommodative approach to refugees overall to the tune of one million has not gone down well with these racist and anti immigration groups and a recent poll has made the present administration targets of protests, sustained advocacy and violence with verbal abuse of non whites. Germany has a aging populations issue similar to Singapore and immigrants are given some leeway to take up jobs to meet those demands, alongside the natives’ resistance to taking those low paying jobs. 

They also encourage the SCHEGEN visa arrangements quite willingly especially since Angela Merkel’s assumption of leadership and who is seen as the most powerful woman politically in Europe. Most LGBTQ Jamaicans I am aware of who land on UK soil as asylum seekers or under-grounders cannot do much in terms of real good paying jobs so they take household jobs, fast foods work, volunteering at LGBT spaces to build their profiles and so on as legal fees can be a killing despite some grant aid by some LGBTQ outfits there.

Another video shot in Holland recently (this one came before - Rowdy behaviou by Jamaican gay men in Amsterdam) that appeared on social media of supposed bad behaving Jamaicans and similar ones have also not helped the situation by virtue of the comments made in Dutch suggests ostracism and indeed racism as well with the sub text being persons got an opportunity and they abuse it and bring their bad behaviour to their shores; while not assimilating as it were to their (Dutch) cultural norms. Alleged lotto scammers operating there seems to be also popping up more and more as well and I fear can lead to deep mistrust issues impacting those with legitimate cases. On the other hand Jamaicans there on a whole seem to be doing well given their respective social posts and their use of Dutch with is a part of the conditions for residency.

Some of the 42 deportees sent back to Jamaica by the United Kingdom, at Mobile Reserve in St Andrew, where they were being processed on September 7.

As we wait to see the rapidly changing times unfold more Jamaicans are going through some challenging episodes. The pesent state of affairs unde Obama saw more deportations up to 20,000 Jamaicans deported from the United States ; then what is to come under Trump if he wins?

More anon

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LGBTI Intergroup welcomes appointment first ever UN independent expert LGBT discrimination

Daniele Viotti MEP, Co-President of the LGBTI Intergroup

Friday, the UN Human Rights Council appointed Vitit Muntarbhorn (immediately above) its first independent expert on sexual orientation and gender identity.

In July, the Human Rights Council agreed to the creation of the post in a 23 – 18 vote.

Munthaborn, a Thai national, is Professor in International Law at Chulalongkorn University in Bangkok. He was co-chair of the 2006 Yogyakarta Principles on the application of international human rights law based on sexual orientation and gender identity.

Munthaborn is appointed for an initial period of three years. His role will be to assess the implementation of existing international human rights instruments regarding LGBT people. Furthermore, he will raise awareness of violence and discrimination suffered by LGBT persons and engage in dialogue with states to implement measures.

Ulrike Lunacek MEP, Co-President of the LGBTI Intergroup, reacted: “All around the world LGBTI people continue to face discrimination and violence, sometimes explicitly legislated or encouraged by the state. These are severe breaches of human rights.”

“I am glad the Human Rights Council has reinforced its commitment to end these breaches by creating this position, and look forward to working with Mr Munthaborn in his new position.”

Daniele Viotti MEP, Co-President of the LGBTI Intergroup, added: “Earlier reports by the United Nations Human Rights Council have shown it clearly: homophobia and transphobia literally kill. We urgently need to up the pressure to end the unnecessary and extreme violence that our community faces across the globe.”

“I call on all states to cooperate with the independent expert so it can fulfil its full potential in fighting for the human rights of LGBTI people.”

Brexit Implications for 79 ACP Countries Yet Unknown

By Robert Johnson

LONDON (IDN) - The outcome of the Brexit referendum on June 23, 2016 has set the UK on a path to leave the European Union (EU) that will also result in an end to its membership of the bloc’s Economic Partnership Agreements (EPAs) the free trade deals between the European Union (EU) and the 79 countries of the African, Caribbean and Pacific (ACP) group.

According to experts, while Brexit will have consequences for the UK, its impact on the ACP countries could be far reaching. Precisely how and in what ways was the subject of a brainstorming session of leading experts organized by the Ramphal Institute on July 15.

Named after Shridath "Sonny" Ramphal, second Commonwealth Secretary-General (1975-1990), the Ramphal Institute’s mandate is to tackle development issues and the wider world. So the focus was on Brexit and the Economic Partnership Agreements (EPAs).

The EPA deal had been Europe’s first step, under World Trade Organisation (WTO) guidelines, to wean ACP countries off their special trade relationships with the EU towards freed-up trade deals.

The EPAs had been negotiated in a spirit of support, taking into account the colonial history of the ACP countries, the EU (led very much by the UK, France and Spain) had arrived at the Cotonou agreement – aimed at getting the ACP towards free trade without crippling their growing but fragile post-independence economies.

The Cotonou agreement (which expires in 2020), included a mix of trade, aid development and political co-operation to support the ACP in its changing relationship with Europe.

ACP-EU EPAs have been negotiated since 2002 to facilitate free trade between the EU and ACP regions. The Caribbean region has ratified and is implementing a full EPA, while negotiations have concluded for the West African region, East African Community, and Southern African Development Community.

The Central African, Pacific and greater Eastern and Southern African regions are still addressing outstanding issues. Meanwhile, several states have signed interim individual agreements with the EU while the regional negotiations continue.

In his opening remarks, ACP Secretary General Dr. Patrick Gomes said: "The ACP Group’s relationship with UK lies in the fact that the latter is a member of the EU, and as long as it remains a member (at least until 2019) is therefore bound by all ACP-EU agreements – including the Cotonou Partnership Agreement, EPAs, Everything But Arms agreement and others. There are no bilateral agreements between the UK and ACP as a group," said Dr. Gomes.

"Once the UK’s exit from the EU is completed, will the UK honour the EPAs to which it has attached its signature, or will the UK launch a process of negotiation of bilateral trade arrangements with the countries which make up the ACP?"

He added: “[Brexit] has compelled us at the ACP to address a number of major issues related to the implications of the referendum.” He suggested that systematic analyses will be needed to look at post-Brexit deals – a theme echoed throughout the session as global trade and services experts outlined the hurdles, and also the opportunities, in a post-Brexit world.

The UK has no bilateral agreements with the ACP and, according to Dr Gomes, the UK contributed around 15% of the European Development Fund (EDF) in 2014, which accounted for Euro 4.5bn.

The ACP head and other officials pointed out that, whether the UK chooses to continue making such commitments in its post-Brexit world will be another of those many questions needing answers as government and officials establish a new-look, independent Britain.

Dr Gomes said that the ACP has already started to look at the Brexit impact on EPA follow-up discussions in the future as the Cotonou agreement The Cotonou Agreement is a treaty between the European Union and the African, Caribbean and Pacific Group of States ("ACP countries"). It was signed in June 2000 in Cotonou, Benin's largest city, by 78 ACP countries (Cuba did not sign) and the then fifteen Member States of the European Union. It is due to expire in 2020. He said that the aim of the ACP would be “to minimise the losses and to enhance new areas of co-operation”.

The trade, aid and investment experts at the Ramphal Institute’s post-Brexit discussion outlined both the hurdles and opportunities for a new-look Britain – from remittances and tourism to trade and aid.

Dr Mohammad Razzaque, the Head of International Trade Policy at the Commonwealth Secretariat, predicted a $4bn fall in the value of remittances in the next year. Other speakers outlined dangers of changes in tariffs, preferential arrangements and trade quotas as the UK and Europe set out to negotiate their brave new world.

Director of the Ramphal Institue, Edwin Laurent, told The Round Table: The Commonwealth Journal of International Affairs after the session that “Commonwealth ACP countries that export to the UK under an Economic Partnership Agreement with the EU could be greatly affected by Brexit.

“To ensure that their trade flourishes rather than being damaged, appropriate trade policies will have to be implemented by all concerned parties, the UK, the EU, the WTO, the rest of the international community and these ACP countries themselves.” [IDN-InDepthNews – 24 July 2016]

Note: This report is part of a joint project of the Secretariat of the ACP Group of States and IDN, a flagship agency of the International Press Syndicate.

also see previous posts from related blogs:

How the EU can promote LGBT rights in the ACP group

European Parliament consents to EU-ACP partnership with reservations on missing sexual orientation discrimination clauses

African, Caribbean & Pacific issue declaration to EU "To refrain from any attempts to impose its values which are not freely shared"

African, Caribbean & Pacific Countries refuse to include declaration of gay rights in Brussels 2010

UN Human Rights Council votes for independent expert on LGBT discrimination

In a 23 against 18 vote (6 abstentions)*, the United Nations Human Rights council voted in favour of a resolution condemning violence discrimination against people on the basis of their sexual orientation and gender identity.

The resolution establishes the new position of an independent expert, whose role it will be to assess the implementation of existing international human rights instruments regarding LGBT people.

The expert will furthermore identify best practices and gaps in terms of protection. The expert will engage in dialogue with states and other institutions on how to improve the situation and is mandated to report annually on the situation around the world.

The resolution builds upon two previous resolutions, adopted by the Council in 2011and 2014.

Ulrike Lunacek MEP, Co-President of the LGBTI Intergroup, reacted: “This is a truly historic resolution. The Human Rights Council has taken a fundamental step forward by reaffirming one of the United Nations’ key principles—that everyone is equal in dignity and rights.”

“At the same time it acknowledges that LGBT people across the world continue suffer from (state-sponsored) discrimination and violence because of their sexual orientation or gender identity. I believe that the independent expert can play a key role in addressing this.”

Fabio Massimo Castaldo MEP, Vice-President of the LGBTI Intergroup, added: “I strongly welcome this resolution and I am glad to see it was supported by all EU Member States and accession states that are currently residing in the Human Rights Council, in line with the recommendation of the European Parliament.”

“However, unfortunately there were still 18 states that voted against the resolution. I call on these states and all other states to cooperate with the independent expert so that it can fulfil its full potential in fighting for the human rights of LGBT people.”

Read more
Read the HRC resolution on the Protection against violence and discrimination based on sexual orientation and gender identity

Read previous posts on the United Nations

* Voting results

Voting in favor of the resolution

Albania, Belgium, Bolivia, Cuba, Ecuador, El Salvador, France, Georgia, Germany, Latvia, Macedonia, Mexico, Mongolia, Netherlands, Panama, Paraguay, Portugal, Republic of Korea, Slovenia, Switzerland, UK, Venezuela, Viet Nam

Voting against the resolution

Algeria, Bangladesh, Burundi, China, Congo, Cote d’Ivoire, Ethiopia, Indonesia, Kenya, Kyrgyzstan, Maldives, Morocco, Nigeria, Qatar, Russia, Saudi Arabia, Togo, United Arab Emirates

Abstaining on the resolution

Botswana, Ghana, India, Namibia, Philippines, South Africa

28 EU member states reach consensus on LGBT rights for first time

The 28 EU member states have reached a consensus on LGBT rights for the first time in European history.

The Council of the European Union reached consensus on Friday on a Netherlands-backed agreement concerning women’s rights, gender equality and the protection of LGBTI people across the EU.

For the first time ever, the 28 member states agreed at the Council to work against “any discrimination” against LGBT people, and to ramp up pan-European efforts on equality.

It urges individual national governments “to consider working together with the European Commission with regard to its List of actions to advance LGBTI equality”, and “to take action to combat discrimination on the grounds of sexual orientation and gender identity”.

It comes in the wake of the Orlando attack.

Under the terms of the agreement, the European Commission will prepare an annual progress report on the position of LGBT rights across every European country, evaluating progress across a number of areas with recommendations for reform.

The EU already requires member states to adopt anti-discrimination employment protections, but there is a large disparity in LGBT equality across Europe.

Dutch equalities minister Jet Bussemaker said: “European cooperation is essential to efforts to fight global homophobia and strengthen women’s rights. With the dreadful attack in Orlando still fresh in our memories, I don’t need to explain why it’s so important for the EU to take a clear stand.

“LGBTI rights and women’s rights are human rights that transcend borders.

“Everyone has the right to be who they want to be, regardless of their background or origin.

“It’s very important that we act together against countries and organisations that violate the rights of women, gay men, lesbian women and bisexual, transgender and intersex people.”

The President of the Council, Lodewijk Assche added: “Gay rights and women’s rights are human rights, without limits. Everyone has the right to be who you want to be, regardless of background or origin.

“It is very important that we now have a common European vision and goal that ensures collective action against countries and organisations that infringe gender equality, the rights of women, gay men, lesbians, bisexuals and transgender and intersex persons.”

ILGA-Europe’s Executive Director Evelyne Paradis said: “The adoption of the Council conclusions is finally a clear confirmation at the highest level that EU member states are committed to working together on promoting LGBTI rights across the EU and beyond.

“It is a clear call to the EU institutions that they can stop being cautious in standing up for LGBTI rights; they have the backing of member states to really step up their work in this area.”

However, ILGA-Europe called on EU institutions to secure tighter commitments from member states, noting a reference to “fully respecting the Member States’ competences, national identities and constitutional traditions” that could potentially be cited as an opt-out.

Ms Paradis added: “Now more than ever, the EU’s institutions and member states must show the LGBTI community that they are willing to stand alongside them in the face of intolerance.

“These Council conclusions must be a living document that guides their work for all LGBTI people, without any ifs or buts.”

The International Day Against Homophobia, Transphobia, Biphobia (#IDAHOT) 2016

International Day Against Homophobia, Transphobia and Biphobia truly deserves its title of “Global Celebration of Sexual and Gender Identities”

This year again, the International Day Against Homophobia, Transphobia and Biphobia truly deserves its title of “Global Celebration of Sexual and Gender Identities”. Beyond the rather narrow notions of “Homo”, “Trans”, “Bi”; the day offers a fantastic display of diversity, which mirrors the many facets of human sexualities and gender identities and expressions.

All over the world, advocates and their allies are fighting for what matters most to them: the right to be free from criminalisation, persecution, stigmatisation.

Sometimes the right to just live, as in many countries people have to fear for their lives.

This year specifically, we are seeing the “fault-line” deepening between places where activism is increasing and those where it is repression that is on the rise.

On the one hand, activism in some countries is definitely rising, with more and more visible events and strong support from institutions, which the Day has always been a good framework for and this year again many official buildings will be lit in Rainbow flag colors, such as the Chilean Presidency building.

Rainbow flags will be flying all over the UK and Australia, where this action has become a national IDAHOT favourite. Locally not much is planned except for a forum on love matters as marketed by JFLAG with Dr Karen Carpenter as one of the main panelists. Several disturbing reports continue to come in but mostly unconfirmed on some rather strange homophobic related matters.

In Albania, the now traditional “Bike (P)ride” has already been a huge success last week end. Brussels Pride, always celebrated on the Saturday closest to IDAHOT drew tens of thousands onto the streets. Trans activists in Canada are getting ready to crown years of advocacy as the Government announced it will introduce groundbreaking legislation on May 17th. In Cuba, the IDAHOT week is again celebrated throughout the country. All over the planet, from Moldova to Bhutan, campaigns will take it online and onto the streets to mark the Day. Concerts, flashmobs, film festivals, Transgender beauty pageants, same-sex wedding ceremonies, conferences, lectures, community events and many more have been announced and will be reported on on our social media channels.

On the other hand many activists have asked not to disclose information about their actions for fear of backlash, even in countries where conditions were relatively safe in previous years. In Lebanon for example, the public conference organised by Proud Lebanon had to be cancelled under pressure from opposition.

In some places, this reaction comes as a backlash against stronger visibility of sexual and gender diversities but in some other places, there is increased State and social repression even though the levels of activism have not seen any significant change.

This shows that highly visible recent victories, and some severe defeats, on LGBT issues on several fronts have certainly increased the focus of moral and religious fundamentalist movements on sexual and gender rights. Activists from the sexual and gender minorities movement now have to struggle against increasingly well funded, well organised movements, which are getting much better than before at occupying the ground of values that appeal even to otherwise socially progressive constituencies.

Luckily, international organisations and progressive States are more than ever showing support. Local activists in dozens of countries are supported by Embassies and representations from international organisations.

The United Nations’ Free and Equal campaign has released a special “Why we Fight” music video for the Day. European institutions have held their annual IDAHO Forum, hosted this year by the Danish Government. Unesco is about to open a two-day inter-ministerial meeting on Education sector responses to homophobic and transphobic bullying.

The United Nations have also taken a specific stand this year on the global IDAHOT focus issue on “Mental health and well-being”, as a large alliance of UN experts have issued a joint declaration toend the pathologization of LGBT people, highlighting the many harmful impacts of human rights violations. In over 30 countries, this issue of Mental health and well-being will be a central part of the IDAHOT discussions.

As we see all the fantastic energy and creativity which the activists deploy around May 17, it is more than ever urgent to increase the capacity and resources of activists to stand their ground and promote positive social change.

The IDAHOT was created in 2004 to draw the attention of policymakers, opinion leaders, social movements, the public and the media to the violence and discrimination experienced by LGBTI people internationally.

In under a decade, May 17 has established itself the single most important date for LGBTI communities to mobilise on a worldwide scale.

May 17 is now celebrated in more than 130 countries, including 37 where same-sex acts are illegal, with 1600 events reported by almost 3000 organizations in 2015. 

These mobilisations unite millions of people in support of the recognition of human rights for all, irrespective of sexual orientation or gender identity or expression.

The International Day Against Homophobia, Transphobia and Biphobia is not one centralised campaign; rather it is a moment that everyone can take advantage of to take action.

The date of May 17th was specifically chosen to commemorate the World Health Organization’s decision in 1990 to declassify homosexuality as a mental disorder.

The International Day against Homophobia, Transphobia and Biphobia has received official recognition from several States, international institutions as the European Parliament, and by countless local authorities. Most United Nations agencies also mark the Day with specific events.

The Day originated in 2005 with the acronym IDAHO, standing for International Day Against Homophobia. The T was added in 2009 to highlight the inclusion of Transphobia

Some organisations use other acronyms or denominations for this Day, such as IDAHOTB, IDAHOBIT, etc.

Peace & tolerance

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New EU FRA report highlights crucial role public authorities for LGBT equality

In a new report launched in the European Parliament today, the EU’s Fundamental Rights Agency (FRA) highlights that prevailing negative attitudes towards LGBT people endanger their fundamental rights and hamper efforts to counter discrimination and hate crime.

The report analyses the views and attitudes of the ‘duty bearers’ towards LGBT persons in the field of law enforcement, education and healthcare.

Some of the key findings that emerged that can be found in the ‘Professionally speaking: challenges to achieving equality for LGBT people’ report include:
All professional groups have low levels of awareness and knowledge about LGBT needs, while social attitudes are often hostile towards LGBT people. This affect the actions of public officials and professionals.

There is a need for professional training to help counter prejudice in healthcare. Healthcare services to trans people are spread unevenly across the EU and there is a need to strengthen capacity and awareness of healthcare providers.
There is a lack of objective information on sexual orientation and gender identity inschools, which can result in bullying, and force LGBT youths to hide their sexual orientation or gender identity. Member States should work with education authorities and schools to formulate targeted campaigns to help make schools a safer and friendlier place for LGBT people.

Law enforcement personnel often lacks awareness about the discrimination LGBT people face and have insufficient knowledge of their vulnerability to hate crimes.
EU law and policy are seen as major drivers supporting national efforts to promote LGBT equality.

Reacting to the report, LGBTI Intergroup Vice Chair Fabio Massimo Castaldo MEP, said: “Why do some doctors still believe homosexuality is a disease? Why are schools too often still unsafe places for LGBTI people?”

“This report analyses very thoroughly the difficulties LGBT people may face when it comes to access to basic institutions in everyday life: education, healthcare and police. We need to work much harder to ensure that the rights to education, to healthcare and fair treatment is equally enjoyed by all.”

Sirpa Pietikäinen MEP, also Vice-Chair of the Intergroup on LGBTI Rights, added: “The results of this report are a good reminder that despite improvements in the legal situation, we are not there. Prejudice, discrimination and violence still hold back LGBTI people from accessing school, hospitals and the police.”

“I call on the EU and its Member States to take this report to the heart, and use it systematically to act on their duty to deliver high quality service to end discrimination and hate crime many LGBT people have faced.”

Read more
Read the report ‘Professionally speaking: challenges to achieving equality for LGBT people’

Read earlier posts on the Fundamental Rights Agency

European Parliament adopts a new comprehensive report on fundamental rights in the EU.

Yesterday, the European Parliament adopted a new comprehensive report on fundamental rights in the EU.

Copyright 2015 ILGA-Europe

Defying an attempt by the EPP group to adopt an alternative report which would have deleted nearly all content on LGBTI rights and other relevant human rights issues, the final report includes an extensive section of the situation for LGBTI people (par. 85 – 92).

For the first time, a parliament report also specifically addresses the human rights violations experienced by intersex people (par. 92). The report condemns medically unnecessary genital surgery on intersex infants and calls on Member States to outlaw such practices.

Genital “normalisation” surgery currently occurs throughout Europe, and is only explicitly forbidden in Malta.

Furthermore, parliament spoke out in favour of making legal gender recognition procedures easier for transgender people, and to review mental health catalogues as to exclude transgender people as being considered mentally ill (par. 89 – 91).

Parliamentarians also highlight that same-sex couples everywhere should have access to marriage or registered partnerships, the effects of which should be recognized across the EU (par. 86).

Lastly, Parliament underlined its demand for the development of a comprehensive action plan/strategy against homophobia, as well as the pending horizontal anti-discrimination directive (par. 44 and 85).

The Rapporteur, Laura Ferrara MEP, Member of the LGBTI Intergroup, reacted: “By this report, the European Parliament has clearly stated that the rights of LGBTI people need to be further consolidated and better protected.”

“Whereas in many countries the situation has improved, we need to ensure that other Member States ensure equal rights too. The Commission has a key role to play here, and this report also calls on them to show political leadership in this regard.”

Ulrike Lunacek MEP, Co-President of the Intergroup on LGBTI Rights and shadow rapporteur on the report, continued: “It is sad that the EPP has again tried to get an alternative text adopted, virtually lacking all content on LGBTI rights.”

“However, good sense prevailed for the majority of MEPs, and I am very glad that the Parliament stood up for the ideals of equal rights and non-discrimination, including for lesbian, gay, bisexual, trans and intersex people.”

Read more:

Read the full report

Vice President European Commission demands mutual recognition same-sex marriages

So now that the US has gotten their act together legislatively it is now time for our friends in the EU and in a timely occurrence there has been a statement.

also see from a local standpoint:

There goes gay marriage paranoia again .

No Buggery Law Removal says Justice Minister, Gay Marriage parachuted in yet again

Jamaican Gay Unions? Hanna Says Ja Not Ready For Same-Sex Families Despite Int'l Redefinition

When did anyone ask for gay marriage rights in Jamaica when we can't get basic tolerance 

meanwhile:
In an interview with Politico, published on Monday, Vice President of the European Commission Frans Timmermans, indicated he is committed to make sure all EU Member States recognise same-sex marriages conducted abroad.

He stressed that “Even if you don’t want to have same-sex marriage in your country, [you should] at least have the decency to accept that other countries do have it and recognize that marriage when people move to your country who are married.”

This confirms statements he made in a speech one week before, when he called it a disgrace that same-sex married couples moving to another country “run into all sorts of idiotic problems” opposite-sex couples would not face in the same situation.

These problems could include loss of pension rights, inheritance, next-of-kin rights or child custody rights.

Ulrike Lunacek MEP, Co-President of the LGBTI Intergroup reacted: “I strongly applaud these words by Vice President Timmermans, which confirm that bonds of love and their legal recognition, no matter whether conducted between same-sex or opposite-sex couples, should be treated equally.”

“I look forward to working with Mr Timmermans to ensure that this will be reality sooner rather than later.”

Daniele Viotti MEP, Co-President of the LGBTI Intergroup, added: “Why would two married women and their children be recognised as a family in one EU Member state, and as two single women with orphans in another? This is what happens in Italy, as I underlined in the conference ‘Europe: Families without borders!’ and in the video ‘If you are married in Europe you are married in Italy, too.’”

“Indeed this does not make sense and may create dangerous situations. I am very glad to see that Vice President Timmermans is committed to ensure that the effects of same-sex marriages are recognised EU-wide.”

Ian Duncan MEP, Vice-President of the Intergroup on LGBTI Rights, concluded: “I welcome the words of Vice President Timmermans. Same sex couples should not have to face barriers in other European countries that are not faced by heterosexual couples.”

“I have written to Mr Timmermans to ask what action he will be taking to follow up on his pledge”

See what you make of the Jamaica Observer's Editorial today, I wonder if they are really honest:

How long before Jamaica recognises same-sex marriages?

On June 26, 2015, the United States Supreme Court held in a 5-4 decision that the 14th Amendment of the US Constitution requires all states to grant same-sex marriages and recognise same-sex marriages granted in other states.

In doing so, the Supreme Court overturned its prior decision in 1972 in a case called Baker v Nelson, one of the first attempts by a homosexual couple, Jack Baker and Michael McConnell, to secure a licence for a same-sex marriage. It failed at the time primarily on grounds that marriage was to be between a man and a woman.

"Their (same-sex couples) hope is not to be condemned to live in loneliness, excluded from one of civilisation's oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right," wrote Justice Anthony Kennedy in his 2015 opinion on the law.

The US decision called Obergefell has, predictably, launched an intense debate not only in the US but across the world, particularly among Christians, with some describing it as "tragic" and a "grave error"; while gays and pro-gay groups have ecstatically embraced it.

Jamaicans appear to be taking their time to digest the US Supreme Court's ruling, but the debate here can be expected to be no less intense. It is an extension of the vigourously contested views on the legalisation of homosexuality, as proposed in the call to strike down laws against buggery.

We suspect that the US decision will impact Jamaica and the Caribbean sooner than later, given that hundreds of Americans come here to get married in the idyllic conditions offered by year-round warm sea, sand and sun with which we are blessed. The economic bonanza alone will make it hard to say no.

The real question will be how long before Jamaica follows America in legalising same-sex marriages.

For its part, the United States has come a long way since May 18, 1970 when Jack Baker and Michael McConnell climbed the steps of the Minneapolis courthouse, paid the required fee of US$10, and applied, unsuccessfully, for a marriage licence. Reports said the county clerk Gerald Nelson told them bluntly that marriage was for people of the opposite sex.

The Supreme Court's decision is a dramatic indication of how views have changed in America in the 45 years since. Jamaicans, despite unfortunate labels of being homophobic, have also grown in their tolerance of the gay lifestyle. It is worthy of notice that the days of violence against homosexuals seem to be well behind us and there is now a greater acceptance of the value of dialogue on this issue.


Indeed, that was the experience of Messrs Randy Berry and Todd Larson, the US Government LGBTI advocates who visited Jamaica in May this year.

Despite opposition, EU Parliament votes for LGBTI rights/trans identity depathologization in gender equality strategy

In a landmark vote, the European Parliament has demanded to include LGBTI rights in a future EU gender equality strategy. The depatholization component is so critical and must be watched closely.

The current strategy for equality between women and men runs out at the end of this year. The report voted on Tuesday June 9, is the Parliament’s input for the gender equality strategy 2016-2020.

Specifically on LGBTI issues, the parliament
Asks to ensure the full legal recognition of a person’s preferred gender, which is vital for trans and intersex persons (par. 24) and to work towards full depathologization of trans identities, including in childhood (par. 55);

Demands an inclusive definition of families, including families with LGBT parents in labour and family law (par. 31);

Calls on the Commission to tackle prejudice against LGBTI persons in schools (par. 61)

Furthermore, the Parliament reiterates its call to adopt a separate strategy on LGBTI rights. It also calls on the Council to adopt a Directive that would outlaw discrimination on the basis of inter alia sexual orientation, in education, social protection and access to goods and services (par. 2).

Ulrike Lunacek MEP, Co-President of the Intergroup on LGBTI Rights, commented: “The message of the Parliament is clear: It is time for the Commission to take leadership on gender equality and LGBTI rights.”

“The attempt by EPP and ECR to delete all LGBTI content shows just how out of touch they have become with today’s society. Thankfully, the Parliament rejected their attempts, and voted in favour of the original report.”

All LGBTI content was threatened by an alternative resolution as well as numerous split and separate votes, demanded by the conservative and right-wing groups EPP and ECR.

Maria Noichl MEP, author of the report and Member of the LGBTI Intergroup, added: “Misogyny, homophobia and transphobia are still widespread in Europe, and there is a lot that the EU still needs to do to make equality a reality.”

“I am very glad that the Parliament affirmed its full commitment to gender equality and LGBTI rights. It is now up to the Commission to ensure that the final strategy reflects this progressive input.”

Texts adopted
Tuesday, 9 June 2015 - Strasbourg	Provisional edition
Adjustment rate for direct payments in respect of 2015 ***I European Parliament legislative resolution of 9 June 2015 on the proposal for a regulation of the European Parliament and of the Council fixing the adjustment rate provided for in Regulation (EU) No 1306/2013 for direct payments in respect of calendar year 2015 (COM(2015)0141 – C8-0083/2015 – 2015/0070(COD)) (Ordinary legislative procedure: first reading) Position of the European Parliament adopted at first reading on 9 June 2015 with a view to the adoption of Regulation (EU) 2015/... of the European Parliament and of the Council fixing the adjustment rate provided for in Regulation (EU) No 1306/2013 for direct payments in respect of the calendar year 2015 The EU Strategy for equality between women and men post 2015 Intellectual property rights in third countries Intellectual property rights: an EU action plan