Global LGBT Rights

Stephen Doughty Excerpts

Thursday 26th October 2017 Commons Chamber

[Nick Herbert (Arundel and South Downs) (Con)]

I beg to move,

That this House has considered global LGBT rights.

I am grateful to the Backbench Business Committee for agreeing to this debate, which was proposed by members of the all-party parliamentary group on global lesbian, gay, bisexual and transgender rights, which I have the honour to chair.

This is a tale of two worlds. In one, as we saw in this House, we have seen the near completion of rights for LGBT people, full recognition in law—with some exceptions, of course, throughout the UK—culminating, four years ago, in the passing of same-sex marriage legislation by overwhelming majorities in this House and the other place. In a 16-year period, 25 countries around the world have passed same-sex marriage legislation, while others have passed legislation recognising civil partnerships. Taiwan became the latest to do so this year. We hope that Australia will follow suit soon, if that is the will of the people. It is noticeable that only Japan among the G7 countries does not have recognition of same-sex marriage. All the other G7 countries now do. Italy has recognition of civil unions.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

I congratulate the right hon. Gentleman on securing this very important debate. He mentioned Australia—I add my support to those campaigning for same-sex marriage there—which is a key member of the Commonwealth. We will be holding the Commonwealth Heads of Government meeting here in the UK. Indeed, this morning I received a card from the Commonwealth Parliamentarians’ Forum, but I was a bit disappointed not to see the specific mention of LGBT+ rights on the agenda for discussion. Does he agree that the meeting of CHOGM and the Commonwealth Parliamentarians’ Forum provides a great opportunity to raise these issues with our Commonwealth partners?

[Nick Herbert]

I strongly agree with the hon. Gentleman. It is important not least because of the health and equality issues that are raised, which he will know in his capacity as chair of the all-party group on HIV/AIDS. I will come on to CHOGM shortly.

There is another world, too. I am talking about a world in which 75 countries criminalise same-sex activity between consenting adults. That covers 2.9 billion people. Some 40% of the world’s population live in these jurisdictions, which means that more than 400 million people live under laws that punish same-sex activity, and punish it with the death penalty. Our all-party group was keen to secure this debate now because of the events in a number of countries last month, during the conference recess. What happened was a matter of grave concern.

In Azerbaijan, during the last two weeks of September, organised police raids led to mass arrests of perceived gay and bi men as well as trans women in the capital, Baku. The authorities claim that the arrests were made as part of a crackdown on prostitution, but activists and the victims’ lawyers claim that LGBT people were specifically targeted. While in detention, victims report being subjected to beatings, electric shock torture, forced medical examinations and other degrading treatment and ill-treatment. The majority of the detainees were charged with disobeying police orders, which is an administrative offence, and sentenced to between five and 20 days in custody. The country’s own Ministry of Internal Affairs stated that 83 people were detained in total.

The ambassador of the Republic of Azerbaijan noted that we were calling this debate and wrote to me this week. Let me quote what he says:

“I can reassure you that this was not a concerted effort to crack down on the LGBT community, but rather a police action to stop solicitation of sexual services in downtown Baku following complaints from local residents. It may be that some within the local police force acted over-zealously and exceeded their mandate. As soon as the appropriate authorities were made aware of this the police operation was stopped and all those detained were released.

I would like to reiterate that the Azerbaijani constitution guarantees all forms of freedom of expression. Same-sex sexual activity for both men and women has been decriminalised in Azerbaijan since September 1st 2000.”

That does not deal properly with the situation. Local groups have reported that, since the initial raids, the authorities continue to intimidate and harass people whom they perceive to be LGBT. It is very important that this House, and I hope the Government, send a very clear message to the Azerbaijani Government that that kind of oppression is unacceptable in the eyes of the global community.

This House heard an urgent question earlier this year about the terrible situation in Chechnya, with arbitrary arrests and the illegal detention and torture of LGBT people. That continues to take place as part of a wider crackdown on human rights, despite the protests that have been made to the Russian authorities.

In Egypt, more than 50 people have been arrested in response to the flying of rainbow flags at a pop concert in Cairo on 22 September. That act alone resulted in arrests. The victims stand accused of debauchery, inciting debauchery, promoting sexual deviance and belonging to a banned group—charges that carry up to 15 years in prison. Many have already been sentenced. Victims report being subject to beatings, sexual harassment and forced anal examinations while in detention.

Although same-sex conduct is not explicitly prohibited in Egypt, the Egyptian Parliament is now debating criminalising homosexuality with a proposed punishment of up to 15 years in prison. What are Her Majesty’s Government saying to the Egyptian authorities and Government about this terrible abuse of gay people for committing what we in this country would regard as no crime at all, but simply the freedom of expression of flying a flag? I was struck by a message sent to me by a young gay man living in Egypt who attended that concert. He said:

“I can hear those consistent steps. Coming closer. Fear. Is it happening? Fear. Are they coming for me?...This has been the most common stream of thoughts during the past weeks in Cairo. The thought of being arrested would not leave my mind ever since the recent escalation of the state in its crackdown on the LGBTQs in Egypt. Fear that has, more or less, accompanied me for a life time as a gay man in Egypt. It is heartbreaking to wake up everyday to a new chapter of fighting for your right to exist, just to be.”

These are not isolated cases. Attacks on freedom of expression and association of LGBT people are wide- spread in other countries. State action, in turn, licenses discrimination at best, violence at worse and a climate of fear under which LGBT people have to live.

In June 2013, the Russia Duma unanimously adopted, and President Putin signed, a nationwide law banning the distribution of propaganda for non-traditional sexual relations—often the excuse for measures that discriminate against LGBT people. Since the introduction of that Russian law, 14 countries have considered similar legislation in eastern Europe, central Asia and Africa.

Nigeria’s Same Sex Marriage (Prohibition) Act 2013 criminalises the formation, operation and support of gay clubs, societies and organisations, with sentences of up to 10 years’ imprisonment. Uganda’s Parliament passed a similar act—the Anti-Homosexuality Act 2014 —which would have prohibited the promotion of homosexuality by individuals and organisations, incurring penalties of up to seven years’ imprisonment. That has now been revoked, but Uganda’s Pride had to be cancelled this year as a consequence of the actions of the state and the police, who were absolutely determined that that expression should not take place.

It is sometimes suggested that the UK may be guilty of some kind of neo-colonialism by seeking to impose our views on countries in the same way as we did in the past. It is true that 40 of the 53 member states of the Commonwealth criminalised same-sex activity using legislation inherited from the British empire. I would argue that our history gives us a special responsibility to atone for the measures that we introduced, and to act. That view is shared by the Prime Minister, who—I am delighted to say—said last week at the PinkNews awards that, on the world stage, the Government are

“standing up for LGBT rights, and challenging at the highest level those governments which allow or inflict discrimination or abuse. The anti-LGBT laws which remain in some Commonwealth countries are a legacy of Britain’s Colonial past, so the UK government has a special responsibility to help change hearts and minds. We will ensure these important issues are discussed at the Commonwealth Heads of Government Meeting, which we are hosting in London next April.”

That is immensely welcome.

Only this week, the Commonwealth Equality Network of activists and non-governmental organisations is meeting in Malta to discuss how to reverse the oppression of gay people in too many Commonwealth countries. The stand that the Prime Minister has taken and the Government will take at CHOGM next year is very important. After all, what many of these countries are doing is in breach of the Commonwealth charter itself. Indeed, outside the Commonwealth, every country has signed up to the United Nations declaration of human rights—rights that guarantee liberty, freedom of expression and freedom from torture and oppression. That is why it is so important that we continue to support campaigns run by United Nations institutions, such as the Free & Equal campaign, as well as other multinational initiatives, such as the Equal Rights Coalition, which was launched last year with UK Government support. It now incorporates 29 Governments, who co-operate and share information, but it needs the continuing and active support of the UK Government.

I would argue that the UK Government, who have done a great deal in this area, can do much more, and I welcome the Prime Minister’s commitment to a high-level challenge. The all-party parliamentary group produced a report last year and made a number of specific recommendations on what the Government could do. First, they could adopt a cross-departmental strategy to ensure that all parts of the Government are co-ordinated and take the necessary steps, so that they can take a stance and promote the values that we in this country think are important. There are multiple actors—the Department for International Development, the Foreign Office, the Department of Health and the Home Office—and it is important that they are co-ordinated. I welcome the presence here of the Minister for Equalities, my right hon. Friend the Member for Bognor Regis and Littlehampton (Nick Gibb); he is a Minister in a domestic UK Department, but I nevertheless recognise his cross-cutting responsibility for these issues, and that co-ordination is important.

Secondly—this is perhaps one of the most important things of all—there is the funding that can be provided for LGBT activist groups on the ground. These are vulnerable, fragile groups, which are run by very brave activists in countries across sub-Saharan Africa, in Russia and in other countries that we have discussed and will discuss. They need support, and the support they can be given—yes, by private individuals and foundations, but also by the British Government—is immensely important. It is important that those funding streams that can be directed through British high commissions and embassies are maintained.

Thirdly, we should ensure that safe routes are given to people who flee persecution—particularly when they are applying for asylum—in the way that was done in countries such as Canada and other European countries in relation to the LGBT people who were so egregiously persecuted in Chechnya.

--- Later in debate ---

[Stephen Twigg (Liverpool, West Derby) (Lab/Co-op)]

It is a pleasure to follow the hon. Member for Ribble Valley (Mr Evans), who is a fellow member of the Select Committee on International Development. I welcome today’s debate, thank the Backbench Business Committee for granting it and congratulate the right hon. Member for Arundel and South Downs (Nick Herbert). In particular, I thank the range of non-governmental organisations, based both in the UK and in other countries, and global ones such as Amnesty International, for their assistance.

Next year marks the 30th anniversary of section 28. Just three decades ago, this Parliament and this Chamber carried discriminatory legislation. We can learn something from the past 30 years, because after section 28 was passed there was a renewal of LGBT organisations in this country, including the formation of the Stonewall group, lesbian and gay organisations in our trade union movement, and lesbian and gay campaigns within political parties.

The Labour campaign for lesbian and gay rights, now known as LGBT Labour, played a critical role in what became Labour’s 1997 manifesto. There are lessons from that experience in the UK for today’s debate, because what happened was that this place listened to LGBT communities themselves. That needs to be our starting point when looking at global LGBT rights. In the briefing that the right hon. Member for Arundel and South Downs arranged earlier, somebody said, “Change has to come from below.” In a world where there are still 13 countries where being gay is punishable by death and 75 where same-sex contact remains a criminal offence, the challenges are enormous.

I welcome the policy paper on LGBT rights that the Department for International Development published last year, particularly its focus on how the realisation of human rights underpins sustainable development and, importantly, the need to identify and engage with the southern voices that are beginning to emerge on LGBT issues. Two years ago, the world agreed the sustainable development goals, whose theme is, “Leave no one behind.” Inclusion must mean non-discrimination, but if we are to achieve the SDGs on health, we need to be able to reach all communities, including LGBT communities.

[Stephen Doughty]

My hon. Friend is making a powerful speech. Does he agree that when we look at DFID’s work, it is crucial to look at the support given to deal with the HIV/AIDS epidemic, particularly as it applies to the LGBT+ community and the MSM—men who have sex with men—community in developing countries and, particularly where we are looking at pulling out bilateral or multilateral aid, at ensuring that adequate services for those communities remain?

[Stephen Twigg]

I thank my hon. Friend for that important point, which speaks to a broader issue about the availability of relatively small amounts of funding for local organisations working on HIV and AIDS or equality issues on the ground. The International Development Committee raises this issue across the full breadth of DFID’s work, but it has particular resonance and relevance for today’s debate, so perhaps the Minister could refer to it in his response. I praise the DFID LGBT staff network for its work in this regard as well.

I want to address what is a tricky issue in this debate. Some people will say, although probably not in today’s debate, “How come we’re giving aid to these countries whose Governments are acting so appallingly to their LGBT communities? Should we not be cutting aid?” I urge caution against such an approach. Cutting support for malaria programmes or school programmes in some of the poorest countries of Africa does not help LGBT rights. We need to engage with civil society here in our own country and, most importantly, on the ground in the countries concerned. That sort of engagement would be very fruitful.

I welcome last year’s appointment by the UN of Vitit Muntarbhorn as the independent expert on sexual orientation and gender identity. He has an important role to play. His position was challenged and there was a vote last year. Eighty-four countries voted to allow him to continue, but 77 did not want him to. I congratulate our Government on the leading role that the UK played in defending his appointment and the Governments of South Africa and several Caribbean countries, which stood out against the pressure to try to get rid of the position.

I pay tribute to the role that the trade unions have played here and internationally in the struggle for LGBT rights. LGBT rights are workers’ rights, and next week Public Services International and Education International will host their fourth LGBT forum in Geneva. There are many crucial issues to do with rights in the workplace and violence against people at work, but also to do with trade unions’ broader role in society in making the case for equality and against discrimination.

The right hon. Member for Arundel and South Downs spoke about Chechnya. Many of us are deeply concerned about developments in Chechnya in recent months. Last week, Human Rights Watch highlighted the case of Maxim Lapunov, who had been confined for 12 days in a dark basement by the regime. The example of Uganda has already been described by my hon. Friend the Member for Bristol East (Kerry McCarthy). A recent front page of a daily newspaper in Uganda said, “Exposed! Uganda’s Top Homos Named”, and carried photographs of allegedly gay men. I pay tribute to the very brave community in Uganda. They have celebrated Pride there since 2012. Tragically, they were not allowed to this year. Let us think of those sisters and brothers in Uganda.

I want to say something today about Tanzania, because a catalogue of concerns have been raised by various organisations, including the International HIV/AIDS Alliance. The most recent incident was last week, when 13 activists and lawyers were arrested in Tanzania simply for trying to challenge the ban on drop-in centres that serve communities at risk of HIV. The 13 were accused of promoting homosexuality. They are still in detention. I urge the Minister to take to his colleagues in the Foreign Office the vital importance of the United Kingdom raising the case of those imprisoned people.

The hon. Member for Ribble Valley spoke about Iran. We know that Iran is a country that still executes people for the “crime” of being LGBT. I urge the Minister to set out what the Government are doing to press countries such as Iran that do just that to stop using the death penalty against LGBT people.

Most of the examples I have given are, understandably, from Russia, Africa and the middle east, but I want to say something about what is happening in the United States of America. President Trump’s decision to ban transgender people from the US military is an enormous shame, one I hope we can condemn on a cross-party basis. I pay tribute to the chairman of the joint chiefs of staff in America for his positive and measured response to President Trump’s actions. I urge our Government to do all they can to press President Trump to think again on his attempt to ban trans people from the US armed forces.

That, however, is not the only incident of greater homophobia and transphobia in American politics and policy. Recently, the United States voted against a UN Human Rights Council resolution that condemned the use of the death penalty against people because they are LGBT. President Obama left a very positive legacy on LGBT. Tragically, President Trump is undoing it. That leaves a vacuum in global LGBT rights. I hope that the United Kingdom, working with like-minded countries around the world, will play a leadership role to ensure we do not slip back, but instead move forward to global LGBT equality.

--- Later in debate ---

[Gerard Killen (Rutherglen and Hamilton West) (Lab/Co-op)]

When I received an email asking whether there were any countries about which I would like more information before the debate, I thought to myself, “Where do I begin?” I do not wish to talk down the progress that has been made, because we have made great progress, but the world is still a much smaller and more dangerous place for LGBTI people, whether we like it or not. In more than 30% of the 225 countries and territories listed on the Foreign Office travel advice website, homosexuality or homosexual acts are illegal. For nearly a quarter of them, there is a warning of some kind for LGBTI people. While we have the luxury of heeding that advice, as the hon. Member for Ribble Valley (Mr Evans) said in the case of the UAE, people living there have no such luxury. The advice that frequently appears for countries where being LGBTI is legal but “frowned upon” or not “universally accepted” is, “You should be discreet.” Let us imagine living our lives that way; it is as absurd as asking someone to be discreet about their height.

The advice for countries such as Armenia, where homosexuality is legal, says about the culture there:

“same sex couples are often seen holding hands and kissing in public, this is common…and is not necessarily an indicator of sexual orientation.”

So it is not the act of the same-sex couple holding hands or kissing that is the problem; it is their sexuality. That is heterosexual privilege in action.

Often it is that intolerance bubbling under the surface of society that leads to the shocking attacks against LGBTI people that we have seen around the world. It is not enough to decriminalise homosexuality; there must be laws protecting the rights and safety of LGBTI people and an effort to make sure that society catches up with those laws by supporting LGBTI groups working in communities. Unfortunately, that is not the case for many LGBTI people around the world.

It is up to progressive countries like ours to lead the way in global LGBT rights, particularly in Commonwealth countries, but to do so we must make sure our own house is in order. It is shameful that comprehensive research by the Time for Inclusive Education—TIE—campaign in Scotland found that 90% of LGBTI young people experience homophobia, biphobia and transphobia at school, with 27% having attempted suicide as a result of that bullying. I agree with my hon. Friend the Member for Liverpool, West Derby (Stephen Twigg) about section 28, but in some ways we have not moved on in that regard; there is still a hangover from that legislation.

[Stephen Doughty]

My hon. Friend is making a powerful speech. Many contributors to the debate have spoken about the example we have set to the rest of the world, but he is right to say that we have to make sure that our own house is in order, and despite the huge progress in Great Britain and the Republic of Ireland, Northern Ireland is still significantly lagging behind.

My hon. Friend also mentioned transphobia. I will be meeting a trans activist support group in Cardiff this evening. We need to do much more across the whole of the United Kingdom and the Republic of Ireland on trans issues.

[Gerard Killen]

I agree completely with my hon. Friend’s points, and I will come on to talk about LGBT rights elsewhere in the UK.

The TIE campaign found that teachers often do not know what they are allowed to talk about in schools and do not feel adequately trained to tackle LGBTI issues. The TIE campaign seeks to change that, and I welcome the excellent work it has done and continues to do. Just today, it has secured the support of the first Catholic priest to back the campaign. Father Morton is from Cambuslang in my constituency and he joins other faith leaders in the Scottish Episcopal Church and the Church of Scotland, as well as teachers, trade unions, charities and politicians from all political parties, in recognising that we need action for LGBTI young people at school. It is very important that such examples are set by leading figures in society.

Legislation and Government also have a leading part to play in changing societal attitudes. I therefore wonder what example the Prime Minister set when she welcomed into the heart of Government a party hardly famed for its support of LGBT rights.

When I get on a plane in Glasgow and land in Belfast, not far from where my husband was born, despite not having left the UK our marriage is no longer recognised, because the Democratic Unionist party, ignoring public opinion and blocking the will of the Northern Ireland Assembly, refuses to extend to the people of Northern Ireland the same basic rights that are enjoyed by citizens in the rest of Ireland and the UK.

Members of this House who now find themselves propping up this Government are on record making comments such as:

“I am pretty repulsed by gay and lesbianism. I think it is wrong. I think that those people harm themselves and—without caring about it—harm society. That doesn’t mean to say that I hate them. I mean, I hate what they do.”

Such comments about LGBT people harming society are shocking. The Prime Minister talks about how far we still have to go, yet this is the company she is keeping in Government.