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The Global State of Lgbtiq Organizing THE GLOBAL STATE OF LGBTIQ ORGANIZING THE RIGHT TO REGISTER Written by Felicity Daly DrPH Every day around the world, LGBTIQ people’s human rights and dignity are abused in ways that shock the conscience. The stories of their struggles and their resilience are astounding, yet remain unknown—or willfully ignored—by those with the power to make change. OutRight Action International, founded in 1990 as the International Gay and Lesbian Human Rights Commission, works alongside LGBTIQ people in the Global South, with offices in six countries, to help identify community-focused solutions to promote policy for lasting change. We vigilantly monitor and document human rights abuses to spur action when they occur. We train partners to expose abuses and advocate for themselves. Headquartered in New York City, OutRight is the only global LGBTIQ-specific organization with a permanent presence at the United Nations in New York that advocates for human rights progress for LGBTIQ people. [email protected] https://www.facebook.com/outrightintl http://twitter.com/outrightintl http://www.youtube.com/lgbthumanrights http://OutRightInternational.org/iran OutRight Action International 80 Maiden Lane, Suite 1505, New York, NY 10038 U.S.A. P: +1 (212) 430.6054 • F: +1 (212) 430.6060 This work may be reproduced and redistributed, in whole or in part, without alteration and without prior written permission, solely for nonprofit administrative or educational purposes provided all copies contain the following statement: © 2018 OutRight Action International. This work is reproduced and distributed with the permission of OutRight Action International. No other use is permitted without the express prior written permission of OutRight Action International. For permission, contact [email protected]. Front cover: Rainbow Centre community center. Photo courtesy of OutRight THE GLOBAL STATE OF LGBTIQ ORGANIZING THE RIGHT TO REGISTER Written by Felicity Daly DrPH LGBTIQ center in Chile. Photo courtesy of OutRight Table of Contents Acknowledgements .................................................... 6 Executive Summary .................................................... 7 Methodology ......................................................... 10 Introduction ...........................................................13 Key Data ..............................................................16 Legal Analysis ........................................................ 22 Case Studies ......................................................... 27 Conclusion ........................................................... 53 Appendix ............................................................ 56 Activists at NYC Pride. Photo courtesy OutRight at NYC Activists Acknowledgements OutRight is grateful to all the civil society leaders who helped us collect the data presented here. For reasons of safety and methodological consistency, most of their names have been withheld. Special thanks to Dr. Timothy Hildebrandt, Social Policy Department, London School of Economics and Political Science who served as an academic advisor for this study. OutRight thanks the law firm of Baker McKenzie which undertook a multi-country pro-bono research project reflected herein. We particularly thank: Craig Andrade, Partner, Myles Farley, Associate and Christie Constantine, Director of Corporate Social Responsibility. External colleagues who supported OutRight’s research include: Cathal Gilbert at CIVICUS; Mukami Marete and Roselyn Odoyo at UHAI; Dr Alan Msosa at the University of York Interdisciplinary Global Development Centre; Bjorn Van Roozendaal, Iulia Marcinschi and Anastasia Smirnova at ILGA Europe; Cathy Shea at the International Center for Not-for-Profit Law; Monica Tabengwa at Pan Africa ILGA; and Cheikh Traore, Independent Consultant. Many people within OutRight aided in data collection, including Ging Cristobal, Jean Chong, Grace Poore and Kenita Placide as well Sergey Astafyev and Sergey Troyeglazov. HK Nekoroski supported data management. OutRight received invaluable assistance from interns: Lila (Evangelia) Siska LLM undertook legal background research for case studies among other tasks, and Kristian Geonanga managed outreach to civil society organizations for data validation and transcribed interviews. The report was edited by Paul Jansen, Rashima Kwatra, Maria Sjödin and Jessica Stern. The report was designed by Kathy Mills. 6 OutRight Action International LGBTIQ march in Istanbul. Photo Bertran Bustan Photo Bertran in Istanbul. march LGBTIQ Executive Summary It has become increasingly difficult for community-based organizations to operate, a phenomena frequently referred to as shrinking space for civil society. Yet, to fully understand the impact of new laws restricting organizations’ access to funding, laws equating human rights with the corruption of youth, and laws written to equate activism with threats to national security, it is important to analyze exactly how LGBTIQ organizations are specifically impacted. LGBTIQ movements globally are relatively young, and so many LGBTIQ organizations have had little time to institutionalize. Are LGBTIQ organizations at heightened risk in the current environment, and what can be done to safeguard these young movements? OutRight Action International’s report, The Global State of LGBTIQ Organizing: The Right to Register, seeks to answer these questions and determine the possibility of legal registration for LGBTIQ organizations globally. OutRight’s research finds that legal registration for LGBTIQ organizations is severely restricted and the result is that LGBTIQ human rights defenders work with fewer resources and face more danger. OutRight’s analysis of 194 countries found that only 56%, 109 countries, permit LGBTIQ organizations to legally register as LGBTIQ organizations. In 28%, 55 countries, LGBTIQ organizations exist but they cannot legally register as LGBTIQ organizations. In these countries disclosing an intention to serve LGBTIQ people sets up a barrier to legal registration. Thus, many organizations pursue 7 OutRight Action International ASEAN meeting. Photo courtesy of OutRight registration using more neutral language The study collected data on thousands of about their aims and objectives that do not organizations across five global regions and identify that they work with LGBTIQ people. In determined the registration status of a set of 15% of the countries studied, OutRight could 864 organizations in Asia and the Pacific, the not identify any organizations working on Caribbean, Eastern Europe, the Middle East LGBTIQ issues, whether registered or and North Africa and sub-Saharan Africa. unregistered. In these countries, LGBTIQ people don’t have an organization operated This report includes a summary of legal analysis by and for the community that can advocate undertaken in 41 countries to determine the for their rights. OutRight is concerned that laws allowing Non-Government Organizations LGBTIQ people in these countries may be at (NGOs) to register. In certain countries, the higher risk of discrimination and violence. law does not explicitly deny the existence of 8 OutRight Action International LGBTIQ organizations but authorities still funding, and be forced to work at a slower pace find ways to reject registration applications because of lack of resources. and deny equal rights of recognition. Thus, the homophobic and/or transphobic biases Importantly, in contexts where there is a of authorities can impede organizations from violent backlash against civil society activism, registering. Finally, the report provides in-depth LGBTIQ organizations, both registered and case studies from Belize, China, Lebanon, unregistered, have experienced state sur- Germany, Nigeria, Russia, St Lucia, Singapore, veillance, indiscriminate arrests and threats of Tanzania and Tunisia on the experiences of 22 deregistration. LGBTIQ organizations who have sought or obtained legal status in those countries. LGBTIQ communities and LGBTIQ civil society leaders are strong and resilient. Yet, this The case studies reveal that registration data represents entrenched restrictions on enhances organizations’ abilities to further the LGBTIQ civil society’s rights. While legal rights and well-being of LGBTIQ populations. registration is not right for every communi- Registration improves their standing with other ty-based organization, when it is desired, it organizations and the general public. Registered should be available without discrimination on organizations feel they benefit from greater the basis of the sexual orientation, gender iden- legitimacy in the eyes of the donor community, tity or expression and sex characteristics of the inclusive of private philanthropy and government populations that the organization serves. Any donors. Funding permits them to provide restrictions based on these factors amounts social services as well as create and provide to discrimination in the fundamental human local employment. Depending on the context, rights to expression, association, and assembly. registration can also allow organizations’ leaders to have more opportunities to meet with officials and other political stakeholders Recommendations and thus advance policy engagement and OutRight urges reform of national not-for-profit advocacy on behalf of LGBTIQ people. Registra- laws to ensure that the sexual orientation, tion also creates a legal identity which permits gender identity or expression and sex char- practicalities like leasing
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