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131. License to Be Yourself: Marriage and Forced Divorce

Publication Date:
04-2015
Content Type:
Policy Brief
Institution:
Open Society Foundations
Abstract:
The vast majority of trans people around the world cannot obtain legal recognition of—or official documents that match—their gender identity. Where laws do recognize trans people, they often exclude those who are married. This forces trans people to choose between legal recognition of their gender identity or their marriage. Forced divoce violates trans people’s right to privacy, marriage, and recognition under the law. This brief explains legal restrictions that affect the recognition of married trans and intersex people. It examines case law and addresses key arguments made by those who oppose such recognition. It is the first of four resources for activists that accompany Open Society’s 2014 report on legal gender recognition across the world, License to Be Yourself.
Topic:
Law, Discrimination, LGBT+, Family, Sexuality, Marriage, and Transgender
Political Geography:
Global Focus

132. What Others Think of Us: Social Esteem and Participation in Contentious Politics

Author:
Gwyneth McClendon
Publication Date:
01-2015
Content Type:
Working Paper
Institution:
Weatherhead Center for International Affairs, Harvard University
Abstract:
Taking a look at recent episodes of social unrest, public protest, and other forms of contentious politics around the globe will tell you a lot about 2014. The year opened with violence in Kiev as thousands took to Independence Square in the Ukrainian capital to remove the Yanukovych government from power. Gay rights activists in St. Petersburg, Russia—but also throughout the world in a display of solidarity—protested the 2014 Sochi Winter Olympics in light of Russia’s controversial laws on “non-traditional” sexuality. Beginning in February, a wave of anti-government demonstrations—the largest in Venezuela in over a decade—demanded justice, protection, and economic changes from President Maduro. In August, Governor Jay Nixon declared a curfew and deployed the National Guard in response to growing unrest in the town of Ferguson, Missouri, over the shooting of Michael Brown by a local police officer. In September, thousands took to the streets in Hong Kong to stand for election reform. And in December, the people of New York City shut down the Brooklyn Bridge chanting “I can’t breathe,” in remembrance of Eric Garner.
Topic:
Social Movement, Political Activism, Protests, and LGBT+
Political Geography:
Global Focus

133. Tool 8: Integrating Gender in Security Sector Reform and Governance (Toolkit for Security Sector Reform and Governance in West Africa)

Author:
Aisha Fofana Ibrahim, Alex Sivalie Mbayo, and Rosaline Mcarthy
Publication Date:
01-2015
Content Type:
Policy Brief
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
Gender equality is an international norm that stipulates the equal right of women, men and gender minorities to access opportunities and resources, regardless of the sex with which they were born and the gender with which they identify. In the context of the security sector, this means that women and men should have equal opportunities to participate in the provision, management and oversight of security services, and that the security needs of women, men, boys and girls should be equally considered and effectively responded to. While ECOWAS recommends that the specific security and justice needs of men and women, boys and girls are fully integrated into all reform processes and governance mechanisms applicable to the security sector, the transition from theory to practice often proves challenging. Tool 8 of the Toolkit for Security Sector Reform and Governance in West Africa is designed to provide practitioners with action-oriented guidance for tackling this challenge. It may be most useful to national actors involved in the governance of security institutions and to those who partake in democratic oversight. This Tool aims to facilitate the identification of effective entry points for integrating the aims of gender equality in national legislation, strategies and budgets for security; in the management of security institutions; in the delivery of justice and security services and in national defence; as well as at all stages of internal and external oversight of the security sector.
Topic:
Security, Gender Issues, Human Rights, Women, Inequality, and LGBT+
Political Geography:
Geneva, Africa, United Nations, Liberia, West Africa, and Sierra Leone

134. ICE Officers Overwhelmingly Use Their Discretion to Detain LGBT Immigrants

Author:
Sharita Gruberg
Publication Date:
10-2015
Content Type:
Policy Brief
Institution:
Center for American Progress - CAP
Abstract:
On November 20, 2014, as part of President Barack Obama’s executive actions on immigration, U.S. Department of Homeland Security, or DHS, Secretary Jeh Johnson issued a memorandum that established priorities to guide all aspects of immigration enforcement regarding the apprehension, detention, and removal of unauthorized immigrants.1 Those priorities have focused government resources on addressing threats to public safety, national security, and border security rather than on unauthorized immigrants who have been in the United States for years without committing serious crimes. That memorandum, in addition to outlining enforcement priorities, clarified that certain categories of vulnerable people—unless subject to mandatory detention—should not be detained absent extraordinary circumstances.2 Although the memo does not specifically mention lesbian, gay, bisexual, and transgender—or LGBT—immigrants, due to their extreme risk of abuse in detention, they are recognized as a “special vulnerability” category by the DHS.3 Data obtained recently by the Center for American Progress through a Freedom of Information Act request revealed that despite the priorities outlined in the memo, the DHS elected to detain a higher percentage of LGBT immigrants who were not subject to mandatory detention in fiscal year 2015 than the year before the memorandum was issued.4 These data indicate that Immigration and Customs Enforcement, or ICE, officers ignored Secretary Johnson’s enforcement priorities when making custody decisions for LGBT immigrants.
Topic:
Migration, Immigration, Discrimination, LGBT+, Labor Policies, and Police
Political Geography:
North America and United States of America

135. State-Sponsored Homophobia (2015)

Author:
Aengus Carroll and Lucas Paoli Itaborahy
Publication Date:
05-2015
Content Type:
Special Report
Institution:
ILGA World (International Lesbian, Gay, Bisexual, Trans and Intersex Association)
Abstract:
Every year, ILGA World publishes its State-Sponsored Homophobia report, a world survey of sexual orientation laws. Since its first edition, back in 2006, ILGA World’s State-Sponsored Homophobia has been a fundamental resource for those interested in accessing the core information on legislation affecting people on the basis of their sexual orientation. Not only human rights defenders, but also civil society organisations, governmental and United Nations agencies, allies and media worldwide value the publication as one of the main sources of information on the issue. The publication is accompanied by a series of maps and charts illustrating where criminalisation, protection and recognition laws exist.
Topic:
Human Rights, Law, LGBT+, and Homophobia
Political Geography:
Global Focus

136. SOGI-Related Forced Migration in East Africa: Fleeing Uganda After the Passage of the Anti-Homosexuality Act

Author:
Gitta Zomorodi
Publication Date:
07-2015
Content Type:
Special Report
Institution:
Global Philanthropy Project (GPP)
Abstract:
Over the past decade, lesbian, gay, bisexual and transgender (LGBT) Ugandans have sought safety and asylum in various countries, but never in such numbers or with such a high degree of visibility as following the passage of the Anti-Homosexuality Act in December 2013. When reports of LGBT Ugandans seeking refuge in Kenya began to surface in the months following, many international donors and LGBT activists in the region felt at a loss for how to respond. Stories of LGBT Ugandans in the Kakuma refugee camp and Nairobi highlighted difficult living conditions, harassment, arrests and violence. Refugee service providers, including the United Nations High Commissioner for Refugees (UNHCR), struggled to respond to the unexpected influx, one that coincided with a government crackdown on refugees in Kenya. It seemed that the Ugandans had left one hostile and insecure environment for another, yet the numbers continued to grow. Instead of slowing, following the Anti-Homosexuality Act’s nullification in August 2014, the stream of asylum seekers from Uganda continued and even increased. …The findings of the research are intended to inform the individuals and organizations who have been responding or wish to respond to this complex situation; to help strengthen protection mechanisms within Uganda and Kenya; and to support proactive and sustainable interventions to address LGBT forced migration. While the recommendations are focused on the situation related to Uganda, it is hoped that they have relevance to the region more broadly and wherever similar situations may arise.
Topic:
Refugees, LGBT+, Asylum, and Forced Migration
Political Geography:
Uganda, Africa, and East Africa