campaigns
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MAURITIUS: ‘LGBTQI+ people no longer need to live with the constant fear of being criminalised’
CIVICUS speaks with Najeeb Ahmad Fokeerbux, founder of the Young Queer Alliance (YQA), about the recent ruling by the Mauritius Supreme Court that declared the criminalisation of same-sex relations unconstitutional.The YQA is a non-governmental, youth-led and apolitical organisation registered in Mauritius that seeks to empower LGBTQI+ people and organisations, promote equality and lead change.
What is the situation of LGBTQI+ rights in Mauritius?
The human rights of LGBTQI+ people in Mauritius have progressed for one and a half decades now. The issue of healthcare for LGBTQI+ people was raised in the National Assembly as early as 1995 with regard to HIV/AIDS prevention, care and treatment. Since then, we’ve seen strides with HIV interventions targeted at LGBTQI+ people with change accelerating since 2008. The Employment Rights Act was passed in 2008, and would later become the 2019 Workers’ Rights Act. The Equal Opportunities Act was promulgated in 2012 and the Civil Status Act was amended in 2021, allowing for the registration of sex at birth of intersex persons as ‘undetermined’.
Yet local organisations, including the YQA, have faced a deadlock in addressing some pressing needs and aspirations of LGBTQI+ people such as the decriminalisation of homosexuality, the recognition of trans people and marriage equality, and it didn’t seem that legislative change would occur anytime soon.
What was the process leading to the decriminalisation of same-sex relations?
Conversations around litigation to challenge section 250(1) of the 1838 Criminal Code, which criminalised homosexuality, started as early as 2014. Numerous community consultations were held, but no queer people were ready yet to take on the challenge. It was a David versus Goliath situation.
Since YQA was founded in 2014, advocacy efforts started making progress with policymakers. Conversations gained new momentum in 2018 with the queer community winning support from international allied organisations. India decriminalised homosexuality in 2018, and with around 65 per cent of Mauritians being of Indian descent, this had a lot of impact. There didn’t seem to be a reason for Mauritius not to follow suit.
In September 2019, with the support of two law firms based in Mauritius and France, three friends and fellow activists and I approached the Supreme Court to seek constitutional redress on the basis that section 250 (1) of the Criminal Code violated our fundamental rights and freedoms and was therefore unconstitutional. Two additional cases followed: one by renowned gay artist Henry Coombes and another one by a young queer activist, Ridwaan Ah-Seek.
But change wasn’t going to happen if we only sought it in court. We had to accompany the legal process with efforts to change the hearts and minds of people. In other words, we had to fight two battles – one in court and another in society – at the same time, while ensuring that plaintiffs remained safe and didn’t lose the courage to continue a legal battle that would take years.
The YQA mobilised the community and funding from donors for this strategic and planned effort. In addition to our lawyers, we got support from the Canada Fund for Local Initiatives, the Equal Rights in Action Fund of the National Democratic Institute, the European Union delegation in Mauritius, Planet Romeo Foundation and The Other Foundation. They supported a range of projects to empower LGBTQI+ ambassadors, provide media training, engage with both the public and private sectors and undertake research. We submitted the results of a research project we conducted in 2021 to the courts as evidence.
The four plaintiffs – two Hindus, one Christian and one Muslim – brought to court our stories as queer people from all parts of Mauritian society. Three of us being public officers, we were able to show the challenges we faced due to this abhorrent law being on the books. We played our part and our skilled lawyers played theirs. One thing led to another, and four years later, on 4 October 2023, LGBTQI+ people in Mauritius no longer needed to live with the constant fear of being criminalised.
What made Mauritius not follow the regressive path taken insome other African countries?
The Supreme Court showed independence, impartiality and sensitivity to human rights. The principle of separation of powers was upheld. Mauritius is seen as a respected political and economic player in the region. We hope we will be an example for other Commonwealth and African Union member states to follow.
However, we recognise that unfortunately, many African countries are plagued by dangerous imported extremist doctrines that are erasing the core meaning of being African. The situation is worse than that when the colonial masters enslaved us, for it is our own kin, people with our same skin colour and the same African roots, who are dehumanising and un-Africanising us, while it is them who are bringing in an imported ideology – homophobia.
What’s next on the LGBTQI+ agenda in Mauritius?
Two issues that need to be tackled are the recognition of trans people and marriage equality. By preparing ourselves and providing there are adequate resources, the YQA will be able to help us overcome these two injustices.
This ruling paved the way for greater inclusion of LGBTQI+ people in Mauritius. But although same-sex private sexual relationships among consenting adults have been decriminalised, it remains crucial to educate queer people and people in general about the ruling and its implications for human freedom, equality, dignity and rights.
What international support do you receive, and what further support do you need?
The YQA works in networks with LGBTQI+ activists and organisations in the region and beyond. This is what makes our queer movement a global one. And it contributes to learning, sharing and lifting each other’s spirits.
Achieving the recognition of trans people and marriage equality will require institutional support, strengthened allyship, the participation of the private sector and sustained funding. At the same time, Mauritius is set on the path to becoming an upper-middle-income or high-income economy, making organisations such as the YQA ineligible for donor aid. Donors have to understand that the overall economic situation does not benefit LGBTQI+ people equally and should therefore continue providing targeted support, capacity development and funding to LGBTQI+-led organisations to continue our work.
Civic space in Mauritius is rated ‘narrowed’ by theCIVICUS Monitor.
Get in touch with the Young Queer Alliance through itswebpage orFacebook page.
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PANAMA: ‘By giving the government the green light to discriminate, the Court has broadened the reach of the LGBTQI+ cause’
CIVICUS speaks with Iván Chanis Barahona, president of Fundación Iguales, about the situation of LGBTQI+ people and the struggle for equal marriage rights in Panama.Fundación Iguales is a Panamanian civil society organisation (CSO) aimed at ending discrimination based on sexual diversity through diagnosis, awareness-raising and human rights advocacy. Taking an intersectional approach, it also promotes the rights of women, Afro-descendant people, older people and other excluded groups.
What progress has the struggle for LGBTQI+ rights in Panama made since homosexuality was decriminalised in 2008?
Public opinion has steadily evolved towards an attitude of respect towards LGBTQI+ people. Although there is still a long way to go, especially due to the absence of public policies recognising the rights of the sexually diverse population, the strengthening of a civil society that promotes human rights is a tangible step forward.
It is important to emphasise that, although homosexuality was decriminalised in 2008, institutional discrimination has persisted, not only in attitudes but also in numerous rules and regulations. For instance, the police's disciplinary regulations include as a very serious offence ‘the practice of homosexuality and lesbianism’. This is as serious a misdemeanour as ‘firing unnecessary shots in a way that harms others’ or ‘physically attacking a colleague or subordinate’. The general regulations for firefighters also codify ‘publicly practising homosexuality (or lesbianism)’ as a very serious offence.
Likewise, homosexuals are still not allowed to donate blood and there is no law recognising gender identity or banning discrimination based on sexual orientation, gender identity or gender expression. Panama is also one of the few countries in the region without a law for the protection of human rights defenders.
What was the significance of the Inter-American Commission on Human Rights’ (IACHR) call for the approval of equal marriage in Panama?
The IACHR’s call came in 2020 in the context of a thematic hearing requested by Fundación Iguales in response to the long delay by Panama’s Supreme Court of Justice in processing the various claims of unconstitutionality of the ban on civil marriage between same-sex couples. The hearing generated many expectations, particularly among same-sex couples who, after years of waiting, had been denied their right to access to justice, and therefore their dignity.
Fundación Iguales and other LGBTQI+ human rights organisations were able to draw attention to our demands, and the IACHR was categorical in its recommendation that Panama should comply with its Inter-American commitments. But the expectations generated were clearly dashed because the government did not comply with the agreements resulting from the hearing, which included the establishment of a working group between the IACHR and the state to follow up on the demands we expressed at the hearing, and which the IACHR confirmed should be fulfilled within a short period of time.
How have Panamanian LGBTQI+ organisations, and Fundación Iguales in particular, worked to achieve legal change and overcome cultural resistance?
In recent years, LGBTQI+ organisations in Panama have grown and increased our advocacy work on various issues and in a variety of spaces, with good results. Collaboration among organisations has been key in addressing cultural resistance to our work.
At Fundación Iguales we have focused on social work and on supporting litigation around equal marriage claims before the Supreme Court. We make intensive use of the Inter-American human rights system, mainly through thematic hearings at the IACHR and by participating in the General Assembly of the Organization of American States. We also work within the framework of the global human rights system, leading national processes and sending input to bodies such as the United Nations (UN) Human Rights Committee and Committee on Economic, Social and Cultural Rights.
At the same time, Fundación Iguales has led a national campaign for same-sex civil marriage, Yes I Do, which has been joined by other CSOs such as Convive, Diversa, Hombres Trans and Pride Connection. Companies such as BBDO, Diageo and LLYC, and institutions including the Canadian and UK embassies and the Regional Office for Central America of the Office of the UN High Commissioner for Human Rights, among others, have joined in.
We have been supporting trans people in the long process to get their names changed for many years, together with the Panamanian Association of Trans People and Trans Men Panama. We have participated and collaborated in the organisation of Pride marches, with a focus on academic and cultural offerings, along with the lesbian feminist organisation the International Coalition of Women and Families.
Who supports and who opposes LGBTQI+ rights in Panama?
Those of us in favour are a diverse group that complement each other, strongly supported by our families and by young people overall. There are numerous companies, embassies, international institutions, media outlets, journalists and academic institutions that speak out strongly for Panama to be an inclusive country where LGBTQI+ people are respected and valued. Connections with other minority groups of Panama, such as Afro descendants, consolidate our intersectional message.
The group opposing our rights is an extreme faction of conservative and religious groups. However, it is important to clarify that many conservative and religious people in Panama are in favour of respect for and non-violence against LGBTQI+ people.
Unfortunately, many institutions that are supposed to protect us, such as the police and the Supreme Court, have strongly opposed sexual diversity rights. Their arguments are deeply flawed and tend to focus on a very schematic view of the ‘natural’ versus the ‘unnatural’. The Supreme Court shamefully expressed itself along these lines by stating that the primary function of marriage is procreation for the continuation of the species. The conclusions drawn from these arguments are extremely violent and unacceptable in any modern society.
Why is progress made in the field of public opinion still not reflected in the legal framework?
There has been very clear progress in the realm of public opinion. For instance, according to polls, the Yes I Do campaign has had a huge impact on Panamanian society: in just three years it shifted the opinions of more than 300,000 people, a huge number for a country of just 4.2 million. That so many non-LGBTQI+ people support our aspiration for a discrimination-free society is a clear sign of change.
But these positive changes are not reflected in the legal framework due to a lack of political will. Our country has an outdated, populist, ineffective and unethical political leadership. Our leaders haven’t understood that they are dissociated from the changes of our time in terms of the evolution of human rights, international law and the principles of liberal democracy. But change is unstoppable: new generations are clearly adopting pro-rights, pro-diversity and pro-inclusion positions, and it is only a matter of time before they reach key decision-making positions.
How is the struggle continuing given that the Supreme Court has upheld the constitutionality of the ban on same-sex marriage?
The struggle will consolidate, reinvent itself and go on. By giving the government the green light to discriminate, in this case against same-sex couples and their right to form a family that is recognised and protected by the state, the Court has made clear its animus towards LGBTQI+ people. No longer can anyone say that discrimination is subtle or imaginary: it has become obvious and obscene to all people, not just to LGBTQI+ people who suffer it directly. The situation has become clearer than ever, which has led to more people engaging in the struggle for LGBTQI+ rights.
In sum, the Court’s deplorable decision has broadened the reach of the LGBTQI+ cause, and in that sense constitutes a key moment in the move towards shaping the country we want, with a focus on protecting human rights and the environment, combating social and economic inequalities and promoting transparency and the fight against corruption.
Civic space in Panama is rated as ‘narrowed’ by theCIVICUS Monitor.
Get in touch with Fundación Iguales through itswebsite orFacebook page, and follow@figualespanama on Twitter.
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SPAIN: ‘The LGBTQI+ community fears both legal and social backlash’
CIVICUS speaks about the situation of LGBTQI+ people in the context of Spain’s election withEmilio de Benito, spokesperson for Health and Seniors of the LGTB+ Collective of Madrid (COGAM).Founded in 1986, COGAM is a civil society organisation (CSO) working for LGBTQI+ equality. It is one of the founding organisations of the Spanish State Federation of Lesbians, Gays, Transsexuals and Bisexuals and one of the promoters of equal marriage, legalised in 2005.
What recent changes have occurred in the situation of LGBTQI+ people in Spain?
Following the approval this March of the Trans Law, the situation in Spain is, at least on paper, one of the best in the world. The Trans Law allows free choice of registered sex based solely on each person’s will, prohibits conversion therapies and imposes measures for diversity in education and employment.
We have a problem, however, namely the rise of hate speech propagated by the far right, represented by Vox, and even by the more traditional conservative party, the Popular Party (PP). This election campaign has been plagued by expressions of homophobia and transphobia. We have seen politicians refuse to address trans people in a manner consistent with their gender identity and threaten to abolish laws that have enshrined rights, such as the Equal Marriage Law and the Trans Law. This has reflected in an increase in harassment of LGBTQI+ people both in the classroom and on the streets. According to official data, last year hate crimes in Spain increased by 45 per cent, although real figures may be much higher, because people do not always report these crimes. The LGBTQI+ community fears both legal and social backlash.
Why did LGBTQI+ rights become a campaign issue?
Over the past year, there has been much debate about the Trans Law, which was only passed in February. That is why several political parties have the issue on their agenda. This law is possibly the most shocking for the far right and it affects very few people, so even if they don’t try to repeal it, they will certainly try to amend it. In other words, in the best-case scenario, a medical diagnosis pathologising transsexuality will again be required and minors will not receive treatment or will face many obstacles.
As for the Equal Marriage Law, I doubt that the PP will be able to repeal it, although Vox calls for it. Instead, the party is more likely to seek to put obstacles in the way of adoption or registration of a partner’s child.
Unfortunately, the Trans Law has also been very strongly rejected by a segment of left-wing feminism, which has given an additional advantage to the right. I believe, however, that this is a philosophical rather than a legal debate. We can debate as much as we like about what makes us identify as male or female, but we must still recognise the right of each person to express their identity.
Did the LGBTQI+ movement align with any electoral choice?
We do not align ourselves with any political party, but we do point out that there are parties, such as Vox, with messages and proposals that threaten our rights. This has not been without controversy. The State Federation of Lesbians, Gays, Transsexuals and Bisexuals of Spain has mounted a campaign calling on people not to vote for the right, but some have expressed disagreement with this because in principle one can be right-wing in economic matters without being homophobic. But in our case, the two things overlap.
Pedro Zerolo, a very important gay activist who was at the forefront of the struggle for equal marriage, used to say that rights must not only be won and enjoyed, but also defended. Clearly we are now in the phase where we must defend our victories.
So all LGBTQI+ collectives have been involved in the election campaign. We have done so during Madrid Pride, which is one of the most important in the world, because of its duration – it lasts four days – and the number of people it attracts, including many non-LGBTQI+ people, and also because of the many cultural and social activities it includes. We have also participated in debates with political parties: COGAM, for instance, held a debate with representatives of four parties. Not all of them were left-wing parties, although these are the ones who always want to meet with us, listen to us and learn our opinion. But we did not invite the far right, because there is no point in us giving them a voice.
What are the possible post-election scenarios?
The PP has opposed all laws that recognised rights for LGBTQI+ people as well as women’s rights, even taking them to the Constitutional Court. But when the Constitutional Court has concluded that these laws do not infringe any constitutional norms, PP governments have not repealed them. But they will likely attack the Trans Law. One of the great achievements of this law is that it listens to minors. When minors know perfectly well who they are and want to be, it makes no sense to repress them until they are of age. It’s the same with abortion: in the past, minors under 16 were required to have their parents’ permission, but then this requirement was removed because there are cases, such as incest, where it was highly problematic. I think they are going to try to go back on these rights as far as minors are concerned.
They could also go back to requiring trans women to undergo two years of diagnostic psychological treatment. Transgender men have been erased from the debate altogether, as if they don’t exist. There is too much concern about what might happen if a trans woman enters a women’s locker room, but no one is concerned about what might happen to a trans man in the gym.
In the field of education, very serious setbacks are likely to occur – for instance, we could lose the space that allows us to explain the reality of LGBTQI+ people in schools. For an LGBTQI+ adolescent or pre-adolescent it is essential that someone tells them that what is happening to them is not the usual thing, but it is not abnormal either, and that they can indeed be happy. But they are trying to erase this message.
Even structures such as equality departments, the local and regional government’s equality bodies, are in many places disappearing or being diluted, renamed ‘family agencies’ when taken over by the far right. Obviously, when LGBTQI+ CSOs need state support for our campaigns, we will receive a very weak response, if any at all.
The LGBTQI+ movement has pushed for important legal changes. How have you worked to build public support for these?
Most LGBTQI+ organisations in Spain are political actors and not just welfare organisations. We advocate with parties, lawmakers and public officials. But in my opinion, our main work is about creating visibility.
The Pride events that take place in Spain, particularly those in Barcelona, Madrid and Valencia, give us the kind of visibility that brings other people closer to us. There is now a trans senator. We campaign in the media. We use social media intensively because it allows us to do two things: reach out to LGBTQI+ teenagers and pre-teens and project a proactive and positive image to society as a whole.
But we are aware that visibility also exposes us. Every year after Pride events there are cases of guys returning from Chueca, the neighbourhood where Madrid Pride events are concentrated, to their neighbourhoods on the outskirts and being beaten up as soon as they come out of the metro. It happens because they come back from the city centre feeling like the kings of the world. They have been happy, integrated, free. In that euphoria, they don’t realise that they have entered a dangerous zone, where hatred messaging has penetrated deep. And these days there are fewer qualms about insulting LGBTQI+ people. A few years ago, people wouldn’t do it or would do so in a whisper, but now they are emboldened so they are loud, as if they were showing off.
What links do you maintain with LGBTQI+ organisations internationally?
At the national level, Spanish CSOs are organised in the State Federation, which maintains relations with ILGA, the International LGBTI Association. Several Spanish organisations are also very focused on Latin America and other Spanish-speaking countries such as Equatorial Guinea. In this former Spanish colony in Africa, for instance, they have just launched a campaign.
Another form of collaboration involves working with LGBTQI+ migrants from Latin America. The main foreign population groups in Spain are from Romania, Morocco and then Venezuela, Colombia and Ecuador. We are a place of refuge. It is culturally easy, and also many have a Spanish background, which makes it easier for them to stay and can even give them access to citizenship. We play a clear role in this. As our websites are in Spanish, they are very easily consulted by Latin American organisations and our messages reach them without any barrier.
However, as the situation stands, it is more about us campaigning to support others, than about others supporting us. Within Europe, for instance, we are among the countries that are doing relatively well, so it seems logical that the focus should be on countries like Hungary and Poland. But in any case, working at the European level is the most effective way to resist the conservative backlash, so that countries that break laws or withdraw rights come under pressure from the European Union.
How do you see the future?
Right now, at this crossroads, I see it with fear. I was a teenager at the time of Franco’s dictatorship and I lived through it in fear. Now I fear the idea that we might be headed back to that.
In recent decades many people have accepted us, but they have not all done it for the same reasons. Many people have done so because they did not dare to express their rejection, because it was frowned upon. But now the part of the population in which rejection is well regarded is growing.
The other day in a public debate a trans girl who is a member of a party was called ‘chronically ill’. Members of regional parliaments insist on addressing trans women lawmakers in masculine terms. Until recently, those who thought these things kept quiet because they were frowned upon and feared social rejection. But now there is a public emboldened to express their hatred. And this will continue regardless of the outcome of the election, because the groups that promote hatred have a public presence that transcends parliament. So I fear for the fate of egalitarian laws, but I fear the streets even more.
Civic space in Spain is rated ‘narrowed’ by theCIVICUS Monitor.
Get in touch with COGAM through itswebsite or itsFacebook andInstagram pages, and follow@COGAM and@emiliodebenito on Twitter.