Proud Namibia

By Bianca Braganza

One of the most rewarding aspects of my time with the Law Reform and Development Commission (LRDC) has been the civic outreach and education we have conducted. The Chairperson, as part of the mandate of the Commission, provides legal education to the public and community organizations on various subjects upon request. This summer has been filled with presentations crafted specifically for the legal rights of the LGBTQIA+ community in Windhoek, with a strong vision for the future of a Proud Namibia.

Wings to Transcend Namibia

Pictured with the board of Wings to Transcend Namibia: Left is Jholerina, the founder of the NGO, myself, Princess, Programs Officer, and right, the Chairperson of the LRDC, Ms. Dausab. Not pictured is Teddy, who is the Advocacy and Communications Officer.

In late May, the Board from the NGO Wings to Transcend Namibia, came to visit the Commission to request civic education on the status of the legal rights of transgender persons in the country. Here, Princess tells her story of coming out to her family and the journey to acceptance she has struggled to achieve within her family, community and country at large. What I have appreciated the most about our civic education and legal engagements is the way in which the Chairperson pushes for narratives, and for engaging our personal stories with the legal activism and endeavours we pursue. Ms. Dausab began the meeting not with agenda-setting and running through legal provisions and the report we prepared, but rather by inviting the Board to tell us about themselves, their journey, and the current experiences on the ground of persons who identify as transgender in Namibia.

Community Civic Education: Trans Rights

This led to the presentation we conducted earlier this month to the community at large on the legal rights of persons who identify as transgender in the country. Upon request from the community themselves, we addressed human and constitutional rights of transgender persons with regards to: interactions with the police (and the levels of brutality and discrimination this community faces), health care workers and discrimination in employment. We also presented legal steps that could be taken to change one’s name and pictures on official legal documents. This necessitated a thorough analysis of various birth, immigration and identification acts and informing the community of strong cases that could be made to advance legal recognition of their gender.

As we presented on the Pan African landscape for transgender rights, we were thrilled to discuss the exciting news from two weeks earlier that Botswana has decriminalized sodomy. This has had incredible repercussions for the perception, acceptance and legitimization of the rights of the LGBTQIA+ community at large. Botswana has also led the way for the rights of transgender persons, where in September of 2017, the High Court ruled for the right of a person to change their gender marker on their identity documents as refusing to do so was unreasonable, and violated their right to: dignity, privacy, freedom of expression, equal protection of the law, freedom from discrimination, and freedom from inhumane and degrading treatment.

The LRDC routinely conducts civic education on the history and application of Human Rights in the country. Ms. Dausab’s personal style uses interactive tools such as group discussions and activities to elicit key themes and takeaways from her presentation. For this presentation, she broke the approximately 30 community members into 3 groups, and had them complete an activity about the aftermath of a shipwreck, where we all were tasked with assigning roles (to the male and females in the fact pattern) for fetching wood, cooking, hunting, building, and engineering with the aim of outlining how cultural norms (and even domestically, how different tribes) conceptualize the traditional gender binary and male and female roles in society.

Completing the reflection activity.

One of the most pivotal parts of our presentation to the community included emphasizing not making the same mistakes as our neighbor South Africa, in the quest for equality. Here, legal progress preceded social progress. In the landmark case of Minister of Home Affairs vs Fourie, South Africa legalized same sex marriage in 2006, after a lesbian couple claimed their right to marry in a post-apartheid country. Although making South Africa a leader in the African context for marriage equality and legal protection against discrimination (the country has added protection provisions for discrimination based on sexual orientation in legislation), the case did not cause a nationwide consensus or shift in the social perception of LGBTQIA+ people. In effect, legal protection preceded public acceptance. There is currently more violence and brutality against the community in South Africa, despite the legal framework in place, than in Namibia, which does not have any legal provisions based on sexual orientation (or gender identification for that matter). It was therefore fundamental to provide a holistic account of social change during our presentation, and reinforce that the law is not always the sole answer. There needs to be incremental social change within the country based on: active citizenship (representation in government and the workforce of the community); education; media (using the arts as a powerful way to shift public perception and to foster empathy and compassion towards the community, as well as eradicate stigma related to HIV/AIDS and sex work); business indicators; and advocacy and action.*

#BeFree

The #BeFree Day that the Chairperson was invited to speak at was a very special and moving experience for me. It fused together the worlds I am passionate about of law, health, social justice, the arts and youth empowerment. The movement itself of #BeFree seeks to engage high school students with current topics that are culturally seen to be “taboo” and covers the topics specifically of LGBTQIA+, sex work and HIV/AIDS with the aim of educating youth and eradicating stigma and false information. The messages were beautifully presented, and incorporated a range of ways in which to explore these themes, including dance, comedy, theatre, the high school students themselves presenting a debate (the topic of religion versus culture), a panel discussion (with experts in legal, medical, and community activism), and of course, the open dialogue with the Chairperson, and the First Lady of Namibia (pictured to the right).

High School students from local Windhoek schools, awaiting the start of the programming.

At the #BeFree Day, alongside the Chairperson after her successful open dialogue on same sex marriage, disability rights and access to education with the First Lady of Namibia.

 

Namibia’s Diverse Women Association – UN SDGs and SOGIESC

Namibia’s Diverse Women’s Association (NDWA) requested a presentation from the LRDC to educate leaders in the community on the status of the rights of LGBTQIA+ persons in the country, with the aim of building a national linkage and intersectional human rights equality and inclusivity agenda. This was to be done by drawing upon UN systems and the Sustainable Development Goals (SDGs) in order to strategize on how exactly to advance the rights based on Sexual Orientation Gender Expression and Sex Characteristics (SOGIESC) in Namibia.

With the framework of the SDGs, we aimed to create a holistic presentation that highlighted the intersectionality of various sectors in the advancement of this community’s rights in Namibia (health protections, the police force, economic advancement, housing and education). We also presented on the language and provisions of the Constitution while drawing upon successful cases made in South Africa and Botswana. There are currently two cases currently going to the Supreme Court of Namibia for same sex marriage (we find ourselves in extremely exciting times!).

We concluded that potential law reform moving forward can take the shape of (foremost) the repeal of the criminalization of sodomy (Criminal Procedure Act of 1977), the amendment of the Combatting of Immoral Practices Act of 1980 (including the repeal of outdated and unconstitutional provisions) and the insertion of protection of the rights of persons from discrimination based on the grounds of sexual orientation and gender identification into various acts- from Labour, to Immigration, to Health Services Acts. It can also include the amendment of the Identification Act to allow gender marker changes and pictures for identification to be accepted without proof of gender reassignment surgery (which, in addition to hormone therapy, is currently not covered by insurance nor provided in the country).

Pictured with leaders from various LGBTQIA+ community grassroots organizations in Windhoek.

* “South Africa still hasn’t won LGBTQ+ equality. Here are 5 reasons why”. Retrieved from: https://www.weforum.org/agenda/2018/11/south-africa-road-to-lgbtq-equality/

Trans*clusivity: a call to action

CW: Conversion Therapy & RPDR7 Spoiler
Hi folks, rain & fog have become my new friends in Toronto. - Jeansil Bruyère

Hi folks, rain & fog have become my new friends in Toronto.
– Jeansil Bruyère

We are all born with privileges & barriers. More often than not, we overlook the privilege we benefit from while denouncing the barriers that hinder us. As a good friend of mine once said, privilege is not something we have per se but rather something we don’t have; it is a lack of barriers that spare us from stigma and discrimination. I am French-Canadian, biracial, male, gay, atheist of Muslim and Catholic decent, enrolled in legal studies at McGill University. Until recently, I never realized that being cisgendered could be added to that list of privileges and barriers that compose my identity. Cis-ness is a privilege because I do not face barriers to the same extent as lived by the trans*  members of our LGBTQ community: health, employment, immigration & education (just to name a few). In light of my cis-privilege and field of interest (i.e. human rights law), I am taking the platform offered by the McGill Centre of Legal Pluralism and Human Rights to call all other human rights activists to be more trans* inclusive, or trans*clusive as I titled this blog post.
Toronto City Hall proclamation of the international day against homophobia transphobia and biphobia.

Mayor John Tory proclaimed May 17th of the International Day Against Homophobia, Transphobia & Biphobia.

Within a week of being at the Canadian HIV/AIDS Network (the Network), I was given the opportunity to meet mayor John Tory and Queer Ontario New Democrat MPP Rev. Dr. Cheri DiNovo at a City Hall Proclamation declaring May 17th, International Day Against Homophobia, Transphobia and Biphobia. Notably, DiNovo introduced Bill 77, the “Affirming Sexual Orientation and Gender Identity Act” and is urging Kathleen Wynne to pass it by Pride in the upcoming weeks. The Act would prohibit conversion therapy for LGBTQ children, and prohibit doctors from billing Ontario Health Insurance for conversion therapy conducted on any patient. That said, Ontario isn’t the only province with groundbreaking trans* developments. Only a few days later in Quebec, amazing activists such as Gabrielle Bouchard, Samuel Singer and Jean-Sébastien Sauvé were speaking to the Committee on Institutions which included the Minister of Justice at the National Assembly at special consultations and public hearings on the draft regulation concerning the Regulation respecting change of name and of other particulars of civil status for transsexual and transgender persons. An issue of great concern for volunteering at the Clinique Juridique Trans* Legal Clinic and many trans* people living in Quebec.

Clinique Juridique Trans* Legal Network held a Barreau du Québec continuing education workshop this past May.

Clinique Juridique Trans* Legal Network held a Barreau du Québec continuing education workshop this past May.

Zomming out to what western-mainstream culture has been depicting of trans* folk, who can omit to mention Caitlin Jenner’s Vanity Fair cover, following in the footsteps of more mainstream trans* icons such as Lavern Cox (Time) and potentially Aydian Dowling (Men’s Health Ultimate Guy Search). Be it the finale of RuPaul’s Drag Race (spoiler alert) crowning Violet Chachki as the next Drag Superstar or the fact that I actually live above a drag-crossdressing shop (wildside.org) with the most eclectic and amazing landlady in all of Toronto, LGBTQ developments are in my face and have been garnering more attention than ever. However, more coverage does not mean more understanding and awareness. For this very reason, I call my colleagues within the legal and human rights fields to acknowledge cis-normativity and fight back: attend workshops, get informed.
Yes, my front yard has a bedazzled motorcycle & my living room is an art gallery.

Yes, my front yard has a bedazzled motorcycle & my living room is indeed an art gallery.

In closing, within the various projects assigned by the Network, I have taken the time to integrate trans* oriented statistics and concerns. Did you know that the HIV prevalence rate, (i.e. the proportion of people in a population who have a particular disease at a specified point in time) among male-to-female transgender persons in North America is at 27.7%? Sorry, no Canadian-specific data is available and this is part of the problem. A problem that we can solved by being part of the trans* agenda and working towards a more inclusive environment for all. Whether it be policy analysis, academic research or just plain day-to-day conversation – keep in mind that we live in a heteronormative & cisnormative world where we often forget the benefits and hindrances of our privileges and barriers. Wouldn’t it be lovely to be part of a society where our children can live their lives with dignity and respect be they trans* or cisgendered/seropositive or seronegative/LGBTQ or allies. Honoured to be a jurist of the LGBTQ community, I truly believe that we have a duty to future generations to be more trans*clusive.

A glimpse into my first day as a Policy Analyst Intern at the Canadian HIV/AIDS Legal Network.

A glimpse into my first day as a Policy Analyst Intern at the Canadian HIV/AIDS Legal Network.

Jenner and Residential Schools; ‘Call Me Caitlyn’ and Call it Cultural Genocide

2015-Snyder-Dan

By Dan Snyder

“Have you seen the photos of Caitlyn Jenner?” posed one of my colleagues to the rest of us gathered around the lunch table the other day. Jenner’s transition had garnered international attention, and at the Ateneo Human Rights Center in Manila, my co-workers and I wondered if this would translate into more dialogue for LGBT rights here in the Philippines as well. The country is devoutly Catholic – over 90%. Even for myself, I remember worrying if revealing my sexual orientation would be a problem here since I’d be working at a Catholic university for the summer. (It’s not an issue.) Incredibly, one of my first projects will be to create a “SOGIE and the Law”[1] module that would be taught here at the school and replicated in workshops. I think my background has helped prepare me to work on LGBT rights in a Christian environment such as this.

While browsing Facebook the other day, the two major topics in my news feed were Caitlyn Jenner’s debut and the release of the Truth and Reconciliation Commission’s summary report on residential schools. The following post by a friend was quite jarring to me:

There is something very evil about this whole ‘Caitlyn Jenner’ thing. The bible speaks of the unnatural and otherworldly phenomenon we will encounter towards the end, and I’m gonna go ahead and lump this in with that category of events.

I received clarification from the poster that the status was not ironic and that they were indeed serious. Though the comment really irked me, it also got me thinking about how around the world, religion is still a major influencer of people’s worldviews. Admittedly, I may forget this while studying at the “secular bastion” that is a university in Montreal, but it comes to the foreground in a place where communal prayer before lunch is second nature.

Perhaps it’s a coincidence of the jumble that is the News Feed, but the juxtaposition of the Jenner and TRC stories really stuck out to me.

In Canada, the Truth and Reconciliation Commission just issued their summary report after 6 years of interviews. (I implore you to devote time to read it.) It is heartrending; thousands of children died during a residential school process that amounted to cultural genocide. I found this line from one of the commissioners particularly haunting:

Children were buried at schools that often had graveyards but no playgrounds.

In the past century, where were the Christians saying: “these residential schools are a sign of the end times, let’s work to stop the evil going on there?” The TRC report is clear that some church denominations were in fact complicit in perpetrating this violence.[2] If some people want to use a Christian worldview to guide their lives (and the lives of others), what does the Bible say about how God will judge people? In the New Testament, it says that the King will ask if you treated the oppressed and marginalized as if they were Jesus himself.[3]

Now how about Caitlyn Jenner. Trans individuals are some of the least understood and most marginalized people in our societies. Many spend most of their lives uncomfortable with the gender that society has attributed to them which may not line up with their biological sex. For most people, gender identity is not something that they ever think about because they are comfortable with the status quo paradigm. But for trans people, the status quo can be so oppressive that in the US, the rate of attempted suicide is almost 10 times the national average.[4] What puts them at such a high risk? Contributing factors include: family rejection, bullying, violence, poverty, homelessness, and unemployment.

In order to begin to comprehend someone else’s lived experience, it requires empathy and an attempt at putting yourself in another’s shoes. No one wants to be socially ostracized or be rejected by their family. For many trans people, transitioning is dangerous because it makes one a target for increased discrimination. They aren’t doing this for fun, for attention, or because they are ill. From what I understand, they seek to more honestly be themselves and are risking a lot to do so — when the alternative is staying in a false reality that is unbearable. (I don’t want to speak instead of trans* people, please see the links below for more accurate educational resources.)

When faced with topics we don’t like, or people we don’t understand; our response must be based in compassion. Everyone deserves respect and we need to value the inherent dignity of each and every person.

“Evil” is a term I rarely employ, but I would apply it to the cultural genocide that occurred through the residential schools program and Canada’s federal assimilationist policies.

“Beautiful” is the word that I would use to describe Caitlyn’s debut. Hopefully those of us in Canada and around the world can come to admire her courage in transitioning so publicly as she journeys toward more holistic authenticity. Whether it’s the treatment of Aboriginal peoples, or learning to embrace trans people, some issues require more compassion, awareness, and understanding no matter where you are in the world.

————-

More trans* resources can be found here:

http://www.pflagcanada.ca/en/links-e.php?audience=transgender


[1] Sexual Orientation, Gender Identity and Expression

[2] Some of the denominations involved released a statement responding to the TRC report, acknowledging their role in what was done and supporting the recommendations, “…we know that our apologies are not enough.” http://www.anglican.ca/news/response-of-the-churches-to-the-truth-and-reconciliation-commission-of-canada/3004539/

[3] Matthew 25: 31-46

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