trans rights

• CHILE: ‘Anti-rights groups attacked the Pride march to try to undermine its peaceful character’

  CIVICUS discusses the struggle for LGBTQI+ rights in Chile with Ramón Gómez, human rights officer of the Movement for Homosexual Integration and Liberation (MOVILH). Founded in 1991, MOVILH is a civil society organisation that defends the rights of LGBTQI+ people.

  In June 2024, a group of hooded men attacked the Pride march in the capital, Santiago de Chile. The attackers tried to break through the security fence protecting the marchers and attacked volunteers who tried to stop them. They beat activists and participants, threw rocks and paint at floats and damaged a truck. The attack came amid a climate of growing homophobia, including calls for a boycott of the event.

  What advances and setbacks have there been for LGBTQI+ rights in Chile?

  From 1991 until 2022, when the law on equal marriage was passed, Chile experienced accelerated change in favour of LGBTQI+ rights. This was reflected in the repeal of discriminatory regulations, the adoption of 18 protective laws and the introduction of anti-discrimination public policies in education, health and labour, as well as a positive cultural shift.

  However, since 2022, both people and institutions that publicly supported LGBTQI+ rights have started being silenced, while opponents have reorganised. Hate speech has overtaken friendly speech, particularly on social media. This is partly due to the misconception that passing an equal marriage law will solve everything, and partly due to a retreat in democratic values that has brought anti-rights exponents into public office.

  The consequences are alarming. Our annual report shows that 2023 was the worst year for the promotion of LGBTQI+ rights. Discrimination cases increased by almost 53 per cent, up to 1,597, the highest number recorded, while hate speech increased by 123 per cent.

  This situation has been exacerbated by an unprecedented offensive by far-right groups that have gained power, particularly in the National Congress. Therefore, one of the main priorities for the LGBTQI+ movement is to campaign against hate speech and protect the rights that have been won.

  How serious were the incidents at the Pride march?

  At the last Pride march, a small group of no more than 10 hooded people carried out an attack with hate messages directed at marchers and activists. This attack, typical of anti-rights groups, was an unsuccessful attempt to undermine the peaceful nature that has historically characterised these marches, with the aim of portraying them as conflictual or dangerous to majority interests.

  Although the government did not react specifically to this case, the Metropolitan Presidential Delegation played a key role in ensuring the smooth progress of the march, helping to maintain its peaceful character and protecting participants along the route. This intervention was crucial in preventing the incident escalating and preserving the inclusive and festive spirit of the march.

  What are the priorities for LGBTQI+ rights, and how are organisations working to achieve them?

  In addition to campaigning against hate speech, Chile needs a reform of the anti-discrimination law to provide effective protection and the approval of a comprehensive sex education law with a human rights perspective to strengthen cultural change in schools, educate young people about diversity and protect the rights of LGBTQI+ children and young people.

  There are around 50 LGBTQI+ groups in Chile, spread throughout the country. Specialisation is a new way of working: the collectives that have emerged in the past decade focus exclusively on issues such as children and adolescents, education or health, and have a limited geographical scope of action, unlike the older movements that worked at a national level and tried to cover all areas. Regardless of the issues they address, collectives carry out communication campaigns and legislative and public policy advocacy, and form coalitions to leverage their expertise, present common demands –  such as the reform of the anti-discrimination law – and confront the anti-rights offensive.

  In addition, these groups do research on the reality of LGBTQI+ people in Chile, compile statistics on cases of discrimination and violence, provide legal and psychological counselling to victims and give talks and training workshops on sexual and gender diversity to public and private sector bodies.

  Through this combination of expertise and collaboration, LGBTQI+ groups are able to address violence and discrimination more effectively and continue to advance rights.

  How are local groups connected to the global movement and what international support do they need?

  LGBTQI+ organisations in Chile are part of various international networks. MOVILH, for example, has worked with international organisations such as ILGA and is part of several Latin American and Ibero-American networks where organisations exchange experiences and join forces. In addition, LGBTQI+ collectives collaborate bilaterally with similar groups in other countries, sharing experiences and providing mutual support.

  Globally, LGBTQI+ collectives need funding, as they are one of the vulnerable parts of society that globally receive the least resources. In the case of Chile, this need is constant, as the fact we are considered an upper-middle income country generally prevents groups receiving external funding. This has a negative impact on the struggle for equality, as the country lacks targeted state funding to address LGBTQI+ people’s needs.

  Civic space in Chile is rated ‘narrowed’ by theCIVICUS Monitor.

  Get in touch with MOVILH through itswebsite or itsFacebook andInstagram pages, and follow@Movilh on Twitter.

• HUNGARY: ‘Trans people are having our rights being taken away’

   

  A new law in Hungary, passed at the height of the COVID-19 pandemic, prevents trans people from legally changing their gender. CIVICUS speaks to Krisztina Kolos Orbán, Vice-President of the Transvanilla Transgender Association, a Hungarian organisation that advocates for trans people’s rights. Founded as a grassroots initiative in 2011, Transvanilla is the only organisation registered in Hungary with an exclusive focus on transgender rights and gender non-conforming issues. It drives advocacy on gender recognition and trans-specific healthcare at the national level. It also monitors discrimination and violence based on gender expression and gender identity and facilitates community gatherings and other events to raise the visibility of transgender issues and transgender people in Hungary.

  

  What has been the situation of LGBTQI+ rights in Hungary over the past few years?

  In 2012, ILGA Europe ranked Hungary ninth among 49 European countries regarding the rights of LGBTQI+ people, but in 2019 we had regressed to 19th and in 2020 we have further dropped down to 27th. This past year Hungary’s rating has declined the most, and there are various reasons. In 2012 things looked pretty good on paper, but since then new measures were introduced as the human rights landscape has changed. Hungary has not moved forward or followed international recommendations. The other factor has been the huge backlash that we have experienced over the past couple of years. Previously this government had not taken rights away from people, although it had certainly tried, and we knew that it was not LGBTQI+-friendly. But now we are having our rights being taken away. 

  If we focus on transgender rights, gender identity is a specific ground mentioned in our legislation on both anti-discrimination and hate crimes, which appears to be rather good. But this only exists on paper, as no hate crimes based on gender identity have been taken to court thus far. Similarly, there have been very few cases focused on anti-discrimination because the law is not being implemented. There is no national action plan to combat discrimination based on gender identity.

  Therefore, transgender rights were never guaranteed by law. When it comes to legal gender recognition and trans-specific healthcare there were no laws or national guidelines. However, practices had improved. Since 2003, transgender people have been able to change their birth certificates, gender markers and first names based on a mental health diagnosis; no other medical intervention was required. Back then this was amazing. The government promised to create legislation but failed to do so. Until now, no government even addressed the issue. As a result, no legislation backed these administrative procedures, which were not even published on the government's website. But for the time being things were okay because the practice was reliable and procedures were rather trans-friendly. Those who provided the required documentation were able to change their birth certificates and it was relatively easy and fast. But the fact that the practice was not protected by legislation was not a minor detail. We see it now that the practice has become illegal. It has been a huge step backwards. 

  In 2020, new regulations that only recognise the sex assigned at birth and prevent transgender people from legally changing their gender and obtaining new documentation were passed by parliament by a 133 to 57 vote margin. They are contained in article 33 of an omnibus bill that was introduced on 31 March and approved on 19 May. Article 33 contradicts not just international and European human rights standards but also previous rulings by the Hungarian Constitutional Court, which has previously made it clear that changing your name and gender marker is a fundamental right for trans people. The Commissioner for Fundamental Rights issued a report in 2016 and another in 2018 that stated that the authorities need to enact proper legislation because this is a fundamental right.

  This law change fits into the fight against gender led by the Christian Democratic party, which is part of the governing coalition. This party has already banned gender studies and has argued that there is no such thing as gender, as in the Hungarian language there are not even separate words for ‘sex’ and ‘gender’. But in the past year, it has resorted to using the word ‘gender’ in English so as to be able to attack gender as a concept. So this is part of a larger attack against so-called ‘gender ideology’. The protection of what the new law calls ‘sex at birth’ is a part of this. For the past six years we have worked to come up with legislation on these issues, and initially we thought the authorities wanted to tackle it as well, but after a while it became obvious to us that our initiatives were being blocked along the way. 

  It is difficult to engage with the authorities. We don’t get much information from them. We cannot get to those with decision-making authority; we can only talk to low-ranking officials, who are obviously afraid to give us information. There is no public discussion and civil society is not involved. We were not consulted regarding these specific changes to the Registry Act. The proposal came from the government, and specifically from the Christian members of the government coalition, and was supported by civil society organisations (CSOs) that promote so-called ‘family values’. Timing also raised a lot of questions. Why was it so important to address this issue in the middle of a pandemic? Why now, and why in this way?

  What are the main restrictions that the Hungarian LGBTQI+ community experiences on their freedoms to organise, speak up and protest?

  In Hungary there is an NGO law that requires CSOs to register if they receive foreign funding, if their income is above a certain amount. The threshold is relatively low, so many CSOs, including us, must register. There is a list of foreign-funded CSOs that is published and publicly available. It is no secret that we seek foreign funding because we cannot access funds in Hungary. The government refers to CSOs, and particularly to those that criticise the government, as ‘enemies’ of the Hungarian people. This has obviously affected LGBTQI+ organisations too. 

  This is not just rhetoric. In practice, the government does not consult with CSOs that are independent or that they don’t like, including us. Instructions to marginalise these organisations come from the top levels of government, and while some lower-level officials might want to try to engage with us, they are not allowed to do so. How can CSOs conduct advocacy or engage with the authorities if public officials are banned from any contact with us?

  Additionally, most media are controlled by the government, and the rest tend to have a neoliberal perspective, which usually makes them difficult to access for organisations that do not follow their agenda, like Transvanilla.

  Our freedom to conduct our legitimate activities is also being challenged. Last year, for instance, there were several attacks against events organised around Pride month. A speed-dating event for pansexual people that had been organised by Transvanilla was interrupted by far-right activists. We couldn’t continue the event and the police didn't protect us. Far-right activists video-recorded participants for over an hour and we were not allowed to close the door. They were obviously acting illegally but the police took no action against them. In other instances, venues were ruined or damaged by far-rights activists. This was a new development – in the past, our events had received police protection when such things happened. 

  Year after year there have also been attempts to ban Pride events, but the courts have declared that these events cannot be banned. It’s a constant fight. The authorities have fenced off Pride routes on the pretence of protecting marchers, but this was obviously an attempt to restrict their movement.

  How did the LGBTQI+ community react when the new law was passed?

  It was a traumatic event because it was a clear attack against us. This amendment only affected trans and intersex people who would like to change their gender markers and trans people who don’t want to change their gender markers but would still like to change their name, which is no longer possible in Hungary. But the whole community now feels like second-class citizens, like outcasts who the government does not respect. 

  Personally, as a non-binary person, it had a huge effect on me, because I was already far from being recognised in my documents and now I am a lot further away from that. Many of my friends who were in the process of changing their legal gender recognition are in a limbo.  At least a hundred applicants’ cases had already been suspended in the past two and a half years, as requests were not being evaluated. Those people have now lost all hopes. They are frustrated and devastated. 

  There is also fear because we don’t know what is next, what else is coming to us. Even though the law can be challenged, it might require many years. And even if we get rid of this law, the situation may not improve. Some people are suicidal, and many people want to leave the country. A big part of the community is just suffering silently and has no voice. While some activists have emerged from this situation and these activists are gaining visibility, the vast majority are suffering at home, alone. People were already isolated before, and it will not get any better. From now on, more people will hide their identity.

  Since 2016 there have been problems with administrative procedures, so increasing numbers of people who began to transition may look different from the sex registered in their documents. And if someone is openly and visibly transgender it becomes difficult to find a job; discrimination is part of everyday life. And now it is becoming more serious. We have seen a rise in discrimination, not just in employment but in everyday life. In Hungary you often must present your ID papers, so you have to out yourself all the time. People don’t believe you and you are questioned. For example, recently a trans person was trying to buy a house and the lawyer who was drawing up the paperwork raised questions about their ID document because it didn’t match their gender description.

  Given the restrictions on peaceful assembly imposed under the COVID-19 pandemic, what sort of lobbying and campaigning have you been able to do to stop Article 33?

  Transvanilla is very strategic: we only engage in activities that might have an impact. Therefore, we did not focus on the Hungarian context. In parliament the opposition is powerless because Fidesz, Prime Minister Viktor Orbán’s party, has two thirds of the seats and can thus win any vote. We also knew that we could not mobilise enough people – the masses would not be out on the streets because of the pandemic, so this wasn’t even an option. If this had not happened during the pandemic, other organisations might have tried to organise protests. Until the amendment was introduced, Transvanilla was not publicly highlighting the issue of legal gender recognition because we were doing silent advocacy. On 1 April, when we found out about the initiative, we called on international actors to raise their voices publicly and to engage in multilateral dialogue with our government on this issue.

  We grabbed international attention and many international voices were vocal against the proposal. In April 2020 we also turned to Hungary’s Commissioner on Fundamental Rights and we asked him to do whatever he could to stop the amendment. We of course engaged with international and national media. We launched a petition and managed to get more than 30,000 signatures. We now have another petition that is addressed to the European Union (EU) and we hope it will have an effect.

  So, we resorted to the ombudsperson, who could have intervened but didn’t, and we put international pressure on the government, which sometimes works but this time did not. The law was passed, and the day it came into effect we launched two cases at the Constitutional Court. The court could turn them down for whatever reason, but we hope that it will not. At the same time, we are putting pressure on the Commissioner for Fundamental Rights because he has the power to request the Constitutional Court to look into the law, and if he does, then the court must do so. Pressure is very important, and many international actors are helping, including Amnesty International Hungary, which has launched a campaign. We have 23 cases before the European Court of Human Rights (ECHR), all of which deal with gender recognition, and the applicants are represented by our lawyer. The government and the other parties involved were given time until June 2020 to settle these cases, and if they didn’t, the Court would move forward for a decision. Due to the COVID-19 pandemic, the deadline for the government was pushed to September 2020, which is not good news for us. But based on ECHR practice, we are confident that it will respect transgender rights. We will also take more cases to this court and represent people who are specifically affected by this law. We want to put pressure on the Court to make a decision as soon as possible.

  We also continue to engage with EU human rights mechanisms, the Council of Europe and the United Nations. We got CSOs to sign a statement to put pressure on the European Commission (EC), which so far has been silent on this. We want to make sure that what happened in Hungary doesn’t happen in other countries, so we have created a civil society alliance to convey the message that if other governments try to do the same, they will face huge resistance. And of course, we keep trying to engage with the ministries, although we have sent them letters and have received no response. 

  How can an increasingly authoritarian government like Hungary’s be held accountable for its actions? 

  We have tried to engage directly with the government to hold it accountable, but it has not worked so far. We represent a minority group and cannot fight this government alone. But international institutions do sometimes influence the government's actions. We hope that a court decision from the ECHR or the Constitutional Court would have an effect. 

  Unfortunately, what we have seen since 2010 is that the way it is designed, the EU cannot take definitive action against a country, especially if it is not alone. And this is the case here, as Poland and Hungary always back each other. People believe that the EU lacks political will to take action. We cannot repeat often enough that the EU should cut off funding, because Hungary is living on EU money and if it cuts off funding the government would start to behave differently. But the EU refuses to do it. 

  The EU should act not only on this specific legislation but also on other, bigger issues related to the rule of law and fundamental rights in Hungary. It should do something about its own member states, or else it should not pass comment on any non-EU country. The fact that the EC fails to mention Hungary explicitly is outrageous. When the Authorisation Act was passed in late March, giving Prime Minister Orbán extra powers to fight the pandemic, EC President Ursula von der Leyen made a statement that was clearly about Hungary, but did not mention it by name, and then Hungary was a signatory to the statement. The EC’s Commissioner for Equality was recently asked to condemn Hungary for the anti-transgender amendment and she refused to do so; instead, she decided to speak about trans rights in general. This is something that we cannot accept.

  The EU should not just speak up, but also act on Hungary and Poland. If the EC keeps refusing to address the situation on the ground, then we really don’t know where else to go. Thus far, the government has followed ECHR decisions, but it has stopped following Hungarian court decisions just this year, which is very worrying. In 2018 there was a Constitutional Court decision in the case of a transgender refugee that required parliament to enact legislation on legal gender recognition for non-Hungarian citizens, which it has not yet done.

  What support do Hungarian CSOs need from international civil society?

  It is important to attempt to unify the different movements and to act as bridge between them and I think international CSOs can play a role in this. As a trans organisation we are responsible for trans people, but trans people come in all sizes and shapes – there are migrant trans people, Roma trans people, disabled trans people – and we all have to come together. Also, while trans people are currently under attack in Hungary, we don't know which vulnerable group is next on the list, and I think international CSOs should focus on everyone. They also need to assist in raising awareness in international institutions – in Hungary, for example, international pressure is important because Orbán still sometimes cares about how Hungary is perceived. So the engagement that comes from the international community is helpful. International civil society can also assist in presenting good examples, because the better the situation is in other countries for trans people, the more shame it can bring to the Hungarian government. But if other EU countries start to follow Hungary, then the government will get away with this. Organisations like CIVICUS can bring CSOs together.

  Civic space in Hungary is rated as ‘obstructed’ by theCIVICUS Monitor. Hungary also currently features on our Civic Space Watchlist.
  Get in touch with theTransvanilla Transgender Association through itswebsite andFacebook page, or follow@Transvanilla on Twitter and@transvanilla.official on Instagram.

   

• 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.

• Pakistani authorities must prevent further attacks on transgender people

  Pakistani authorities must investigate recent wave of brutal attacks and killings of #transgender people in #Pakistan and ensure justice and accountability for the violence perpetrated against them to prevent further attacks https://t.co/f1munvTvuA #CIVICUSDIGNA pic.twitter.com/bAklR0sJ1r

  — CIVICUS (@CIVICUSalliance) October 8, 2020

  The shooting of a transgender activist one month ago, and a recent wave of attacks against the transgender community in Pakistan, are extremely concerning, according to global civil society alliance CIVICUS. We urge the authorities in Pakistan to organise prompt and impartial investigations into the attacks, and make sure the perpetrators are brought to justice without delay. 

• THAILAND: ‘Part of our success in claiming LGBTQI+ rights came from intersecting with the democracy movement’

  CIVICUS discusses Thailand’s legalisation of same-sex marriage with Matcha Phornin, founder of Sangsan Anakot, an ethnic minority and Indigenous LGBTQI+ feminist organisation working to empower Indigenous women, girls and young LGBTQI+ people.

  Thailand has just become Southeast Asia’s first country, and only the third in Asia, to legalise same-sex marriage. Passed by the Senate with 130 votes for and only four against, the bill now just needs formal royal assent to become law, which is expected within 120 days. The new law grants LGBTQI+ couples the same legal rights as heterosexual couples, including inheritance, adoption and healthcare rights. This milestone comes after over two decades of activism and is expected to enhance Thailand’s reputation as an inclusive destination for LGBTQI+ people and inspire wider regional acceptance of their rights.

  What were the key factors leading to the legalisation of same-sex marriage?

  Our success was due to a combination of factors: intersectional collaboration, international advocacy, education reform, political representation and media engagement. It can be traced back 20 years ago, when despite a lack of any political support, Thai LGBTQI+ people began to advocate for changes to restrictive laws that denied them the right to form families. We got inspiration from progress elsewhere, including in the USA in 2015 and Taiwan in 2019.

  We’ve had a long journey, including periods of democratic regression and military rule. A significant part of our success came from intersecting with other movements, particularly democracy movements. When democracy is compromised, it becomes difficult to advocate for LGBTQI+ rights. That’s why many LGBTQI+ activists are also pro-democracy activists, which makes our movement more united and therefore stronger.

  Links with the broader gender justice movement have also been crucial. Many young LGBTQI+ activists identify as feminists. To address the toxic masculinity and homophobia that are so common in activist circles, we work to create a safer and more inclusive movement.

  We advocate for broader rights beyond marriage equality. We seek gender recognition, the decriminalisation of sex work and land rights for Indigenous peoples. The use of international human rights mechanisms, such as the United Nations Human Rights Council Universal Periodic Review process, has been instrumental in holding our government to account and pushing for legislative change.

  A key component of our advocacy has been the concept of the rainbow family. In 2017, we hosted the Asia Pacific Rainbow Family Conference in Hong Kong, bringing together families from across the region to share experiences and support each other. This helped build a strong, supportive network to advocate for marriage equality and other rights.

  We’ve also worked with educational institutions to protect young LGBTQI+ people from bullying and discrimination. Ten years ago, there was no protection for LGBTQI+ students in the Thai education system. Since then, we have worked with organisations such as UNESCO to make schools safer and more inclusive.

  Many of our activists have also entered politics, increasing our visibility and influence. For example, there’s a transgender member of parliament who tirelessly promotes LGBTQI+ rights.

  The media has also played an important role. Over the past decade, we’ve worked to shift media narratives from stigmatisation to positive portrayals of LGBTQI+ people and families. This has helped change public perceptions and build wider support for our movement.

  What challenges have you faced?

  We’ve faced individual and collective challenges. Many activists have made significant personal sacrifices, including imprisonment and loss of life. LGBTQI+ organisations have limited resources, particularly as the LGBTQI+ community is marginalised. The fact that many activists work full-time without pay makes it difficult to sustain the movement. Lack of resources has often led to internal conflict – but it’s also fuelled creativity and resilience, as we’ve compensated for limited resources by using humour and other innovative means to gain visibility and support.

  Another key challenge has been political instability. The disruption of democratic processes by coups has hindered progress on LGBTQI+ rights. However, the democracy movement, which includes many young LGBTQI+ activists, has been instrumental in pushing for legislative change.

  Patriarchal, hierarchical and ethnocentric societal norms have been a major challenge. For example, when six years ago, my wife, daughter and I built our house using traditional methods with the help of friends from various countries, we faced hostility from homophobic people who tried to burn our house down. We reported it to the police but there was minimal intervention.

  There is an entrenched gender binary system that only recognises men and women, ignoring those who don’t fit either category. This is the case even in social movements, many of which are led by men who don’t acknowledge their privilege and can be sexist or homophobic, excluding women and LGBTQI+ people. We need to deconstruct these hierarchies by ensuring equal access to spaces and decision-making power for young people, women and LGBTQI+ people. This effort must extend beyond our movement to society as a whole, linking to democratic processes and parliamentary representation. Currently, women and LGBTQI+ people make up under 20 per cent of members of parliament, making it challenging to pass inclusive legislation.

  Feminism plays a crucial role in addressing these issues, both theoretically and practically. Our movement needs an intersectional approach and a strong feminist presence to move forward.

  Do you foresee any challenges in implementing the new law?

  This law will have a significant impact on the daily lives of LGBTQI+ people, as it will give them greater protection and recognition in society. It will set a precedent for future generations and other countries to follow. In the region, it will likely inspire countries such as the Philippines, Singapore and Vietnam to achieve marriage equality.

  But implementation won’t be without obstacles. It will be crucial to ensure government officials and judges are trained and understand the importance of this law so they apply it inclusively. The law will also need to be understood by those in the education and health systems and in society as a whole, and comprehensive manuals and training programmes will be needed. There may be resistance in religious areas, particularly among Muslim communities. Proactive measures will be needed to ensure compliance and prevent discrimination.

  What’s next on the LGBTQI+ advocacy agenda?

  LGBTQI+ people continue to face several challenges, including the lack of resources to mobilise a strong movement, the lack of recognition for transgender and non-binary people and a very limited understanding of intersectionality.

  Transgender and non-binary people often have to use names and pronouns that don’t align with their gender identities. That’s why we push for the passage of a law supporting gender self-determination.

  The education system also often violates the rights of children who don’t conform to traditional gender norms. LGBTQI+ and gender non-conforming children need protection in schools so they aren’t bullied for their sexual orientation or gender identity.

  In addition, the LGBTQI+ community is not homogeneous: many LGBTQI+ people face overlapping discrimination due to their intersectional identities. Such is the case for Muslim LGBTQI+ people, LGBTQI+ people with disabilities and LGBTQI+ people from Indigenous communities. We must defend not only LGBTQI+ rights but also the rights of other excluded groups, including those disproportionately affected by climate change and environmental crises.

  The advocacy agenda should aim for a holistic approach that includes several key elements: strengthening marriage equality laws to ensure they are inclusive, widely understood and properly implemented, promoting gender recognition laws, reforming education and addressing the needs of LGBTQI+ people with intersecting identities.

  Civic space in Thailand is rated ‘repressed’ by theCIVICUS Monitor.

  Get in touch with Sangsan Anakot through itsFacebook page and follow@SangsanAnakot and@Matcha_Phornin on Twitter.