The administration of President Joe Biden has made slow progress protecting human rights in the United States, Human Rights Watch said today in its World Report 2022.
“The Biden administration has made some big-picture pronouncements on key issues like racial and gender equity with little evidence so far that the words will translate into real impact for people whose rights have been systematically and historically ignored or trampled,” said Nicole Austin-Hillery, US Program executive director at Human Rights Watch. “Black people in the United States still suffer from significant economic disparities stemming from systemic racism that have impacts across generations, and border policies have shredded the right to seek asylum while officials subject migrants to violent, abusive treatment.”
In the 752-page World Report 2022, its 32nd edition, Human Rights Watch reviews human rights practices in nearly 100 countries. Executive Director Kenneth Roth challenges the conventional wisdom that autocracy is ascendent. In country after country, large numbers of people have recently taken to the streets, even at the risk of being arrested or shot, showing that the appeal of democracy remains strong. Meanwhile, autocrats are finding it more difficult to manipulate elections in their favor. Still, he says, democratic leaders must do a better job of meeting national and global challenges and of making sure that democracy delivers on its promised dividends.
In addition to executive branch policies and actions to achieve racial and gender equity and protect LGBT people’s rights, the US House Judiciary Committee voted to move H.R. 40, a bill to study the provision of reparations for slavery, to the full House for a vote for the first time in 32 years. But at the end of 2021, this landmark step toward reparations for the legacy of slavery has stalled in the House.
Among the rights failures in US domestic policy linked to systemic racism, despite some reductions in incarceration rates for Black people, they remain vastly overrepresented in jails and prisons. Black people are killed by police at a per capita rate that is three times the rate of white people. Black people still make up almost 42 percent of the current death row population despite being only 12.4 percent of the US population.
Black, Latinx, and Indigenous communities have been disproportionately harmed by Covid-19, which has deepened existing racial disparities in health care, housing, access to safe and affordable water, employment, education, and wealth accumulation, Human Rights Watch said. Economic inequality remains high and has slightly increased in the United States, although poverty dropped largely due to increased government benefits. The wealth gap between Black people and white people persists.
The Biden administration has also kept in place the harmful Title 42 border policy, under which it expels asylum seekers to unsafe conditions in Mexico or their home countries on specious public health grounds. In a particularly grievous example of the policy, US Border Patrol agents on horseback menaced Haitian border crossers in Del Rio, Texas in September, and the United States then summarily expelled thousands of Haitians to dangerous conditions in Haiti.
Human Rights Watch reported on other evidence of abusive treatment of asylum seekers by US border officials as described in Department of Homeland Security documents obtained after litigation. The documents catalog over 160 internal reports of physical and other abuses of asylum seekers as well as violations of their due process rights.
In its foreign policy, the administration announced its commitment to “putting human rights at the center of US foreign policy” and to multilateralism. The US sought – and won – election to the UN Human Rights Council and rejoined the Paris Climate Accord. It rescinded the harmful Global Gag rule on funding for women’s health care, reinstated funding to the UN Population Fund, and reintroduced reporting on reproductive rights in the State Department’s annual human rights report.
But significant failures to protect and promote human rights include continued arms sales to governments violating international human rights and humanitarian law including the Philippines, Egypt, and Saudi Arabia, and failing to publicly condemn rights abuses by perceived strategic partners.
The Biden administration should end the abusive and illegal Title 42 policy and take concrete actions and robustly report on progress aligned with its policy pronouncements on racial and gender equity. State and local governments in the US should end abusive policing of Black people and other people of color and instead invest in communities in ways that address structural racism. State policies threatening the right to access to abortion and reproductive freedom should end in order to fully protect the rights of women and girls.
“The US government needs to take bold and concrete actions to protect the human rights of all people in the United States – Black and white, citizen and noncitizen alike, as well as to promote human rights globally through its foreign policy,” Austin-Hillery said.
Transgender people in Thailand have no route to legal recognition of their gender identity, making them vulnerable to various forms of discrimination, Human Rights Watch said in a report released today with the Thai Transgender Alliance.
The 60-page report, “‘People Can’t Be Fit Into Boxes’: Thailand’s Need for Legal Gender Recognition,”found that the absence of legal gender recognition, coupled with insufficient legal protections and pervasive social stigma, limits transgender people’s access to vital services, and exposes them to daily indignities. Thai transgender people said they were routinely denied access to education, health care, and employment. Thailand has a reputation as an international hub for gender-affirming surgery and transgender health care. But this global reputation obscures Thailand’s severely limited legal mechanisms to protect transgender people at home.
“Transgender people in Thailand constantly face harassment and discrimination, and are often excluded from education and employment,” said Kyle Knight, senior LGBT rights researcher at Human Rights Watch and co-author of the report. “The Thai government needs to step in and make legal gender recognition a reality in Thailand.”
Human Rights Watch conducted the research for this report between January and May 2020 with individuals in four locations in Thailand: Bangkok, Trang, Chiang Mai, and Ubon. Researchers conducted in-depth interviews with 62 transgender people, as well as interviews with social workers, scholars, and employees at advocacy and service provision organizations.
Thailand has limited legal provisions that offer some security to transgender people, but they fall far short of comprehensive protections, Human Rights Watch found. In 2007, Thailand’s legislature passed the Persons’ Name Act, which allows transgender people to apply to change their name. The act, however, did not give people the option to apply to change their legal gender. Name change requests are approved at the discretion of individual administrators.
Under the 2015 Gender Equality Act, which prohibits discrimination against people on the basis of gender expression, the legislature attempted to address some forms of discrimination experienced by transgender people. Yet the government has failed to adequately implement the law. The Committee on Determination of Unfair Gender Discrimination, which has the authority to enforce the law, heard 27 cases of alleged discrimination against transgender people between 2016 and 2019. Many of these cases took more than three months to adjudicate, and none of the eight parties found responsible received punishment.
The absence of legal gender recognition in Thailand means that all transgender people carry documents with a gender different from their identity and expression. When transgender people are asked for this documentation, they can feel humiliated. In some instances, transgender people reported that government employees harassed them based on the mismatch.
A 27-year-old transgender man in Bangkok described his humiliation when he tried to replace a lost identification card: “The officials asked how did I get my penis … and whether it’s really possible to become a trans man.” The officials proceeded to compare him with his past photos. “I felt like a caricature for these government officials,” he said.
Many schools have gender-specific dress codes or facilities, and do not allow students to attend school if they dress in ways deemed inconsistent with their legal gender, violating their right to education. The rigid application of gender-specific regulations, including uniforms and sex-segregated facilities, exacerbate bullying of transgender students by classmates and teachers.
“When I started wearing makeup and lipstick to school, my teacher would scold me – call me ‘tud’ [a derogatory Thai term, roughly translated as ‘faggot’],” said a 25-year-old transgender woman who grew up in Ang Thong province in central Thailand. She believed they singled her out because she had started to grow her hair long as well. “I was also beaten at school by teachers, and teachers would instruct the boy classmates to tease me,” she said.
Transgender people also face obstacles in accessing appropriate health care. A 30-year-old transgender woman said that when she was 20, she was hospitalized for appendicitis and needed urgent surgery. “I was placed in the male ward,” she said. “All the bad things like this happen to me because of a single word on my document – my gender marker.”
Many transgender people interviewed said discrimination in medical settings deterred them from seeking care altogether, threatening their mental and physical well-being.
The lack of legal gender recognition also hampers transgender people’s ability to get jobs, often resulting in automatic rejections. Some employers said that transgender people would only be hired if they dressed according to their sex assigned at birth, not their gender identity. Other employers explicitly stated in job applications that transgender applicants would not be considered. Many people interviewed said they feel restricted to niche employment, such as the beauty industry or sex work.
In recent years, the Thai government has begun to engage with civil society organizations and United Nations agencies to develop a legal gender recognition procedure. The process has stalled and needs urgent attention, Human Rights Watch said.
The Thai government has an important opportunity to match its positive global reputation on LGBT issues with its obligations under international human rights law by developing a rights-based procedure for legal gender recognition. This law should enable transgender people to be recognized according to their gender identity and change their legal name and gender without any medical requirements.
“Ensuring transgender people’s rights to nondiscrimination, education, health care, and employment is paramount to any vision of equality,” Knight said. “While legal gender recognition will not ease all the hardships transgender people in Thailand face, it is a crucial step toward equality and nondiscrimination.”
Transgender people in Thailand have no route to legal recognition of their gender identity, making them vulnerable to various forms of discrimination, Human Rights Watch said in a report released today with the Thai Transgender Alliance.
The 60-page report, “‘People Can’t Be Fit Into Boxes’: Thailand’s Need for Legal Gender Recognition,”found that the absence of legal gender recognition, coupled with insufficient legal protections and pervasive social stigma, limits transgender people’s access to vital services, and exposes them to daily indignities. Thai transgender people said they were routinely denied access to education, health care, and employment. Thailand has a reputation as an international hub for gender-affirming surgery and transgender health care. But this global reputation obscures Thailand’s severely limited legal mechanisms to protect transgender people at home.
“Transgender people in Thailand constantly face harassment and discrimination, and are often excluded from education and employment,” said Kyle Knight, senior LGBT rights researcher at Human Rights Watch and co-author of the report. “The Thai government needs to step in and make legal gender recognition a reality in Thailand.”
Human Rights Watch conducted the research for this report between January and May 2020 with individuals in four locations in Thailand: Bangkok, Trang, Chiang Mai, and Ubon. Researchers conducted in-depth interviews with 62 transgender people, as well as interviews with social workers, scholars, and employees at advocacy and service provision organizations.
Thailand has limited legal provisions that offer some security to transgender people, but they fall far short of comprehensive protections, Human Rights Watch found. In 2007, Thailand’s legislature passed the Persons’ Name Act, which allows transgender people to apply to change their name. The act, however, did not give people the option to apply to change their legal gender. Name change requests are approved at the discretion of individual administrators.
Under the 2015 Gender Equality Act, which prohibits discrimination against people on the basis of gender expression, the legislature attempted to address some forms of discrimination experienced by transgender people. Yet the government has failed to adequately implement the law. The Committee on Determination of Unfair Gender Discrimination, which has the authority to enforce the law, heard 27 cases of alleged discrimination against transgender people between 2016 and 2019. Many of these cases took more than three months to adjudicate, and none of the eight parties found responsible received punishment.
The absence of legal gender recognition in Thailand means that all transgender people carry documents with a gender different from their identity and expression. When transgender people are asked for this documentation, they can feel humiliated. In some instances, transgender people reported that government employees harassed them based on the mismatch.
A 27-year-old transgender man in Bangkok described his humiliation when he tried to replace a lost identification card: “The officials asked how did I get my penis … and whether it’s really possible to become a trans man.” The officials proceeded to compare him with his past photos. “I felt like a caricature for these government officials,” he said.
Many schools have gender-specific dress codes or facilities, and do not allow students to attend school if they dress in ways deemed inconsistent with their legal gender, violating their right to education. The rigid application of gender-specific regulations, including uniforms and sex-segregated facilities, exacerbate bullying of transgender students by classmates and teachers.
“When I started wearing makeup and lipstick to school, my teacher would scold me – call me ‘tud’ [a derogatory Thai term, roughly translated as ‘faggot’],” said a 25-year-old transgender woman who grew up in Ang Thong province in central Thailand. She believed they singled her out because she had started to grow her hair long as well. “I was also beaten at school by teachers, and teachers would instruct the boy classmates to tease me,” she said.
Transgender people also face obstacles in accessing appropriate health care. A 30-year-old transgender woman said that when she was 20, she was hospitalized for appendicitis and needed urgent surgery. “I was placed in the male ward,” she said. “All the bad things like this happen to me because of a single word on my document – my gender marker.”
Many transgender people interviewed said discrimination in medical settings deterred them from seeking care altogether, threatening their mental and physical well-being.
The lack of legal gender recognition also hampers transgender people’s ability to get jobs, often resulting in automatic rejections. Some employers said that transgender people would only be hired if they dressed according to their sex assigned at birth, not their gender identity. Other employers explicitly stated in job applications that transgender applicants would not be considered. Many people interviewed said they feel restricted to niche employment, such as the beauty industry or sex work.
In recent years, the Thai government has begun to engage with civil society organizations and United Nations agencies to develop a legal gender recognition procedure. The process has stalled and needs urgent attention, Human Rights Watch said.
The Thai government has an important opportunity to match its positive global reputation on LGBT issues with its obligations under international human rights law by developing a rights-based procedure for legal gender recognition. This law should enable transgender people to be recognized according to their gender identity and change their legal name and gender without any medical requirements.
“Ensuring transgender people’s rights to nondiscrimination, education, health care, and employment is paramount to any vision of equality,” Knight said. “While legal gender recognition will not ease all the hardships transgender people in Thailand face, it is a crucial step toward equality and nondiscrimination.”
The South African government has taken important steps but did not provide adequate funding for shelters and other services for gender-based violence survivors during the Covid-19 pandemic. Many survivors have been made more vulnerable in the context of Covid-19.
The South African government has acknowledgedhigh rates of gender-based violence both during and before the pandemic. But South African experts told Human Rights Watch that despite promises – including in a National Strategic Plan – to address gender-based violence and femicide, the government has still failed to provide necessary funding for shelters and other services. Efforts should be made to improve access for marginalized people, including sex workers; lesbian, gay, bisexual, and transgender (LGBT) people; and undocumented survivors.
“South Africa is facing a situation in which survivors have been locked down with abusers, and they need economic security to free themselves from their abusers, all during a very tight job market and a period of food insecurity,” said Wendy Isaack, LGBT researcher at Human Rights Watch. “Key services such as shelters have been under huge stress for months because of pandemic-related problems and costs and long-standing difficulties like late payment of funds in some places and patchy government support.”
Human Rights Watch interviewed staff at seven shelters spread across the country and six other frontline organizations working directly with victims to prevent gender-based violence or provide emergency support to survivors. Human Rights Watch also interviewed activists and other experts from 12 organizations working to end this violence. Human Rights Watch made unsuccessful attempts to interview or obtain feedback from South Africa’s Department of Social Development (DSD), which oversees shelter services.
Those interviewed said that the biggest problem was a lack of adequate government funding to help overwhelmed nongovernmental organizations providing direct support to victims, including shelters, cope with the pandemic.
The DSD should finalize its draft Intersectoral Shelter Policy as a matter of urgency, and all government agencies involved should carry out planned improvements.
Immediate-, medium- and long-term impacts from South Africa’s Covid-19 lockdowns have increased the risk for women and girls of domestic violence and other forms of gender-based violence. Human Rights Watch research with frontline workers in South Africa suggests that this risk may be greater for additionally marginalized people like black lesbians, transgender men and women, sex workers, and older women, as well as refugees, asylum seekers, and undocumented migrants.
Those interviewed said that domestic violence victims living under lockdown were cut off from others who might help them, giving them no respite from partners or family members beating, raping, or psychologically or verbally abusing them.
Government support to shelters during the Covid-19 pandemic appeared to vary enormously among provinces. Some shelters described firm relationships and public health guidance and other support from the provincial DSD staff. Shelters in the Western Cape, for example, said that the agency provided guidance, solidarity, and personal protective equipment (PPE) and that funding for shelters arrived on time.
In other places, though, funding was late. The National Shelter Movement of South Africa, a nonprofit organization with about 78 shelters under its umbrella, said that some staff even had to take personal loans to pay expenses. The South African government did promote a hotline for victims it had set up in 2014, but civil society members said it sometimes provided confusing or out-of-date information and that it was hard for some victims to use because they were afraid their abuser would hear them.
Commentators have said that the South African government worked to keep services open for the survivors. But experts criticized the South African government, saying it was too late to acknowledge the impact of strict lockdowns and had not provided adequate public information about shelters and services to make clear that domestic violence victims could leave their homes to get help.
Frontline workers said that many people, perhaps especially among vulnerable populations, were further endangered by the sudden loss of jobs, incomes, or housing. Sex workers, in particular, were forced to leave brothels and to take greater risks to make ends meet as the work dried up, sex worker rights groups said. Research by Human Rights Watch in 2018 found that female sex workers are especially vulnerable to violence in South Africa, in part because their work is criminalized.
Frontline workers also said that loss of income and lack of food security made undocumented migrants even more dependent on abusive partners and less likely to leave them. Human Rights Watch researchfound that the government’s Covid-19 aid programs, including food parcels during national lockdown, overlooked people with disabilities, refugees and asylum seekers, and many LGBT people.
Shelters vary in whether they accept undocumented migrant survivors. South African law prohibits sheltering immigrants without documentation but allows for emergency humanitarian support for undocumented people. The exception is not clearly defined, and some shelters fear liability for violating the law. South Africa has one shelter designed for LGBT survivors, the Pride Shelter in Cape Town. Though other shelters accept them in theory, experts said that more funding, training, and skills building is needed to counter discrimination and bias in the shelter space, provide tailored services, and raise awareness about availability of shelter services among marginalized populations.
The pandemic and lockdowns temporarily affected or made impossible some important in-house services in shelters, such as some forms of counseling and job training, Human Rights Watch found. Job opportunities for clients evaporated. Shelters were unable to carry out normal in-person outreach activities to raise awareness about their services as well as fundraising activities to support themselves or supplement government grants.
Perhaps because of uncertainty and isolation, several shelter workers said they felt that anxiety and depression among clients increased. Staff also had to make significant changes to how they worked, they and experts said, for example, working week-long shifts rather than going home every day, and there were many reports of burnout among shelter staff.
Inconsistent government support for the shelters is not a new problem. The Heinrich Böll Foundationfor example, together with the National Shelter Movement, has long noted that shelters are “chronically underfunded,” and that funding is also highly variable between and within provinces. A 2019 report on the state of shelters by the Commission for Gender Equality, an independent government watchdog body, found “grossly inadequate and misaligned” funding for shelters from the agency and late payments in some provinces.
Ongoing sensitization and skills training for shelter staff to prevent discrimination against LGBT people, sex workers, or undocumented African non-nationals and to ensure tailored services are available is important, Human Rights Watch said. The DSD should also ensure that all shelters accept undocumented survivors and know how to assist them with immigration procedures.
“The government of South Africa has been addressing gender-based violence during the crisis over the past year,” Isaack said. “But a large-scale and fully resourced effort will be needed to ensure the Covid-19 crisis and its fallout over the next years doesn’t result in South Africa’s rates for gender-based violence worsening further.”
For more information about gender-based violence in South Africa and the impact on shelter services, please see below.
Gender-Based Violence in South Africa
South Africa’s president has characterized gender-based violence in South Africa as a “second pandemic,” after the coronavirus. Statistics, including police reports, are worrying but incomplete, both because of problems with data collection and because victims often do not report abuse. Despite the lack of accurate statistics, it is evident that the rates are high, both for women and for LGBT people.
It is also not yet clear to what extent gender-based violence increased during the Covid-19 lockdowns. An analysis by the Heinrich Böll Foundation released in August 2021 found that various data, including police reporting, a government helpline, and hospitals, did not provide a clear indication that rates had increased, but said that more research was needed. Several people interviewed said that they thought rates increased, and experts and frontline workers widely agreed that the pandemic created additional vulnerabilities.
In September 2021 parliament passed three linked bills amending relevant laws. One, the Domestic Violence Amendment Act, should make it easier for victims to get protection orders.
There is political will to address the crisis, but adequate funding has long been a problem, Human Rights Watch found. The National Strategic Plan on Gender-Based Violence and Femicide attributed the high rates of gender-based violence to South Africa’s history of violence and apartheid, but also to government underinvestment in solving the problem. Others have also concluded that budgetary constraints and lack of cooperation among government departments have undermined progress. Victims lack support when attempting to report violence and lack adequate access to courts and to shelters. The experts interviewed said that the pandemic worsened these problems.
The Commission on Gender Equality’s March 2020 submission to the United Nations committee that oversees states’ compliance with Convention on the Elimination of all Forms of Discrimination Against Women detailed the situation just prior to the pandemic and lockdown. It said that while there was “political willingness to lead national efforts to deal with gender-based violence”, in practice, funding and implementation of a pre-Covid-19-era Emergency Response Action Plan was “still unfolding.” Despite promises of more support, the commission said that even before the pandemic, a lack of government funding had meant the shelters were forced to close, police were undertrained, and medical services for rape survivors were lacking.
The National Strategic Plan is the result of years of activism by South African civil society, including demonstrations in August 2018 that triggered a Presidential Summit Against Gender-Based Violence. Drafted by government and activists, the South African cabinet has also approved the plan. However, it is difficult to track how the plan is being funded. In February 2021 in response to government efforts, the private sector pledged a total of 128 million South African Rand (R, about US$8.1 million) to fight gender-based violence.
Government financial support to shelters and services for survivors is an important part of meeting human rights obligations to address gender-based violence. The National Plan’s Pillar 4, “Response, Care Support and Healing,” and Pillar 5, “Economic Empowerment” tasks the DSD with increasing funding for shelters and services at shelters, and to increase access to shelters and interim housing for all victims, including LGBT people, sex workers, undocumented immigrants, older women, and women with older children.
Covid-19 and Economic Insecurity
The abrupt change in economic activity caused by the pandemic and response had a profound impact on many South African’s economic security. Interviewees said that certain marginalized populations, in particular, African LGBT asylum seekers, undocumented migrants, and sex workers, already more at risk of violence, experienced a significant drop in food security and loss of income. This compounded their risk, especially for those who were forced into homelessness.
Human Rights Watch analysis showed that the authorities did not take steps to facilitate support, including from donors, for refugees and asylum seekers whose access to food and other basic necessities were limited during the nationwide lockdown. As far as Human Rights Watch has been able to ascertain, the government did not consult with people from vulnerable and marginalized groups, such as people with disabilities, leaving many at serious risk of Covid-19 infection, hunger, and other harm.
“Things were very bad to be honest – migrant sex workers were told to move out of brothels and safe houses,” a sex worker peer advocate said about her efforts to assist sex workers in a small town in Gauteng province. “We intervened and made agreements [with the owners] like [in one place] – as long as the sex workers were able to pay electricity the owner allowed them to stay. In another brothel [the owner] gave them a few days after we intervened, but eventually they had to go.”
Dudu Dlamini, a sex worker activist, said that “Sex workers had no cash, no income, they were chased out of houses by landlords”. She said that the loss of income often affected three or four dependents. “They couldn’t go home without bringing money, (couldn’t) visit their children.”
Sex work remains criminalized in South Africa, and as a result, the South African Police Service in some places perpetuates abuse by profiling and harassing sex workers. “Lockdown amplified the challenges for sex workers,” said Nosipho Vidima, a sex workers’ rights advocate. “You can imagine if you’re trying to work and there’s no one else in the street because of curfew… sex workers were harassed and arrested by police for being out, because they were known to be sex workers.”
A social worker at People Against Suffering, Suppression, Oppression, and Poverty (PASSOP), a community-based organization working to defend the rights of asylum seekers, refugees, and non-nationals in Cape Town, said economic insecurity because of the pandemic made it even less likely that their clients, mostly undocumented immigrant LGBT survivors of gender-based violence, would leave abusive partners or report violence. “The majority [of our clients] have lost their jobs [and the need for food and shelter have been those most faced during Covid-19,” he said, adding that the group’s programming had been replaced by proving food parcels and other emergency relief.
“[Even under better times] our clients can’t get work and struggle because they don’t have documents and so have to rely on partners even if they are ill-treated,” he said. He said that at least nine clients were doing sex work to survive, and some had faced police harassment and others violence, and all were more likely to have unsafe sex.
“We did an announcement about our food parcels on the radio as well as our evacuation services and our line blew up,” the codirector from Rise Up Against Gender-Based Violence said. “[Newly homeless people needed] things like buckets to go get water and plastic bags to keep their things in. Especially during the hard lockdown, we had a lot of LGBTIQ people we needed to assist because their families had thrown them out of homes [and] we also did a lot of parcels for non-nationals because there was no assistance for undocumented people.”
Covid-19 Impacts on Gender-Based Violence Shelters
Human Rights Watch found that the pandemic had a significant impact on gender-based violence shelters. The shelters provide refuge from violence and include safe houses that offer temporary accommodation. Crises centers typically offer accommodation for three to six months, and most interviewed by Human Rights Watch also provide counseling, psychosocial and emotional assistance, and life planning, skills building and job training, as well as connections to courts or other government services such as help with protection orders or divorces.
Human Rights Watch did not receive any reports about major Covid-19 outbreaks in shelters, but protecting clients and staff from Covid-19 infection and managing lockdowns strained shelters in many ways. Several shelter workers said that stress and anxiety were greatly heightened for both clients and staff. “We probably worked harder than ever before,” said a senior social worker from a Durban shelter in KwaZulu-Natal. “We had greater levels of anxiety than before among the clients.”
One social worker said that a client and a worker, a cleaner at her shelter, had died of Covid-19, causing anxiety and distress among both staff and clients. “It was a roller coaster,” she said.
Clients at shelters had to self-isolate, especially new arrivals, meaning they lost out on solidarity and community, made worse by restrictions against visitors or making trips outside of the shelter. At one Gauteng shelter, for example, new clients had to self-isolate for 14 days. “It was a very traumatic time,” said a social worker at the shelter. “I’ve never spoken or debriefed about it, but it was frustrating and depressing and not just for the clients here but also for the staff.”
Two other senior shelter workers said that they and their staff had not had a chance to talk about the impact of the pandemic on their wellbeing, and a few people said that the work and sacrifices of shelter staff had not been acknowledged, and that burnout was increasingly a problem. “Everyone just put their heads down and did the work, but now we’re seeing the impact on staff,” said a senior social worker at a 120-bed shelter, Saartjie Bartman Centre, in Cape Town. At least two shelters moved employees from daily shifts, going home at night, to working a week at a time to reduce exposure.
Protections against Covid-19 also created additional costs. “We spent huge amounts of money on PPE in the first months, some R60,000 [about $3,800],” said a senior social worker at the Saartjie Bartman Centre. Like others, this shelter also spent precious funds on private car services to reduce staff exposure on public transport. Fundraising events were canceled and at least some shelters decided to stop in-kind deliveries of food and other support that they usually depend on to reduce opportunities for virus transmission. In-person outreach work in communities also stopped, potentially reducing people’s access and knowledge about sheltering.
Covid-19 Impacts on Services for Survivors
Shelter workers said that perhaps the most worrying loss for shelter residents from the pandemic has been job opportunities. “Women can’t find jobs now, some have been with us for six months now and have no follow-up plan because of that,” a KwaZulu-Natal social worker at a shelter said in February. “I refuse to send a client back to an abusive situation.”
“Our clients have been disappointed,” said a senior social worker from the Sahara Shelter. “A lot come here unemployed, and we try to work as much as possible with local businesses and people who can give our clients jobs, so they have income, but that’s not been possible under Covid-19.” Another social worker said that “We have 15 women [clients] with us now, and only two are employed – it’s terrible.”
Government services were harder to get, including some lifesaving services. “Some government officials were working from home and it was hard to reach them”, a social worker from a shelter in the Eastern Cape Province said. “[This] led to a delay in service delivery to our clients and also added strain on them with regard to their cases. In the beginning of the lockdown, cases were postponed in court and protection orders could not be granted on the date set.”
“We faced huge problems in getting protection orders,” another social worker said.
Others said that health services were affected, with some hospitals shutting down or canceling normal services their clients depended on, some medications being harder to get, and general anxiety and uncertainty as to when taking a client to a hospital or clinic was worth the risk of exposure to Covid-19. “Access to mental [health services] and other health care has proved to be extremely inaccessible during lockdown, even more so than before,” a domestic violence worker in the Cape Flats said.
Shelters struggled to keep essential services such as psychosocial – mental health – support and counseling ongoing, and these essential services were halted in some places for at least a period. Some shelters lost at least some programming. “We also had to stop all our extra services,” said one social worker.
Organizations like SWEAT, the Sex Workers Education and Advocacy Taskforce, and Mothers for the Future, a SWEAT offshoot, who work to support sex workers including protecting them against gender-based violence, struggled with major programming losses, especially in the early days of the pandemic. “We had to stop support group meetings,” Dlamini said. “We moved over to a WhatsApp group so we could provide a little support.”
“We even saw places that had provided condoms for free had shut down,” said a sex worker activist, Megan Lessing. “Some sex workers were earning R50 a day [about $3.20] and paying R20 [about $1.30] for condoms.”
Access to Shelters for Marginalized Survivors
Human Rights Watch found that shelters differed in whom they accepted as clients. Undocumented migrants, LGBT people, and women with older male children were sometimes excluded, for reasons that range from lack of private family facilities to concern about running afoul of the immigration law, or not being able to pay expenses the government would not reimburse for non-nationals. Older women, people who use drugs, and women with severe illnesses were sometimes excluded as well, with many facilities lacking the resources to provide specialized health or services, such as personal care and other support, to people with disabilities, including older people with disabilities.
While sex workers, transwomen, transmen, and lesbians, were usually accepted in theory, people working with these vulnerable groups said that particular group often did not feel welcome and that more needed to be done to help them access shelters.
“Vulnerable groups struggle to find or use shelters mainly because of stigma,” a shelter social worker said. “They are often discriminated against by the public and by staff at shelters … and they’re coming from a place where there’s a lack of acceptance to start with from family members.”
Citing security concerns, about half of the shelters contacted would not take older boys, usually any male over 12. Two shelters said that they did not take older women, in one case because of fears that they would never find another home for them. “We can’t [discharge] them because other support structures [like [older] people’s homes] are not working,” said one social worker. More commonly shelters said that they would not take women using drugs, because they are not set up to safely provide necessary services.
“Some shelters won’t take foreign nationals, especially undocumented people, [and] we spent a lot of time trying to place foreign nationals,” said one person who had helped more than 50 women leave domestic violence in Johannesburg. “We will assist, we won’t judge them if they’ve got papers and have been referred to us and have a right to be in the country,” one shelter social worker said. Others said that they would take undocumented survivors, but it was “problematic … we then have to refer them to the correct institutions handling their cases.”
The Creighton Shelter in KwaZulu-Natal said that they had recently taken in a transwoman. “It was very hard for her to find a shelter because in her ID she’s still a man,” the manager said. Other shelters said that staff can feel reluctant to accept transwomen in the facility, especially if there are no private rooms and bathrooms, or training for staff. Another shelter manager and National Shelter Movement executive committee member, Bernadine Bachar, said that the shelter serves transwomen, but that generally, “there’s a lot of reluctance to take transwomen. Staff feel that they’re not equipped to deal with issues.”
Sex workers experience barriers to accessing shelters, including assumptions about their drug use, on whether they can remain working and not violate shelter rules, or whether they have immigration documentation. One shelter worker said: “Sex workers are sometimes [dependent on] drugs; we have a zero-tolerance policy on that.” She also said that female sex workers often “disregard” the shelter’s 5 p.m. curfew, along with the government’s Covid-19 regulations.
“Sex workers … often do not stay long because they have to leave to do their work and so they violate the shelter rules as well as Covid lockdown regulation,” another person interviewed said.
“I put one sex worker in a shelter and the staff there saw her working and told us to take her to another shelter,” Dlamini said. “And there was another case where a sex worker tested positive for drugs and so was not allowed to stay.”
Sex workers usually do not even consider a shelter an option, a sex worker peer said. “The general feeling is that without a South African ID you can’t access anything.”
Government Support During the Pandemic
Unlike many other governments in the region, South Africa does provide support to shelters, and the pandemic has placed many strains on government institutions and services, Human Rights Watch said. It is apparently difficult to calculate government spending on gender-based violence, but experts agree that more funding and focus is needed.
Experts said that the government was too slow to publicly note that the pandemic and the stringent lockdowns had increased the risks of gender-based violence. They said that national and local officials have never acknowledged the added dangers to some groups like sex workers, refugees, asylum seekers, and migrants as well as LGBT people. The experts also said that it was not made clear from the beginning that shelters and other services were essential services that would remain open and that survivors could leave their houses to get help even during curfew or the various levels of lockdown. “Women didn’t know what was going on,” Bachar said. “It was unconscionable.”
South African authorities’ enforcement of curfews and lockdowns has been strict, and sometimes violent, which may have affected victims’ ability to seek help. In June 2020 a report by the Atlantic Council noted that, “Since South Africa instituted a country-wide lockdown on March 27, the number of violent incidents by police against civilians has reportedly more than doubled, with poor and vulnerable populations most affected.”
For many shelters, work with local government officials and police continued during the pandemic even if it was bumpy. Some said they got some additional assistance like funds, PPE including masks and sanitizers, and advice from the government, although more commonly from the National Shelter Movement.
A social worker at the Sahara Shelter in Durban said: “we got masks and sanitizer … whenever there was stuff available (DSD) would drop it off and they helped with deep cleaning two or three times.”
“DSD worked with us from the beginning to prepare, even before lockdown, they sent an epidemiologist to consult with shelters,” a senior worker at a large shelter of 120 beds in Cape Town said. Other shelters said that they did not get any additional support from the government and instead were dependent on the National Shelter Movement for PPE and other resources as well as guidance on how to handle social distancing for example.
The biggest problem was when funding arrived late, those interviewed said. But the overall lack of funding for shelters, even when on time was also consistently mentioned as a problem. “A lack of funding means many shelter workers earn a minimum wage even though they are essential and the work they do is so important,” said Claudia Lopes from the Heinrich Böll Foundation.
Lopes and Kailash Bhana, who are doing research for the Heinrich Böll Foundation on the impact of Covid-19 on shelters, and Lisa Vetten, another expert, said that two shelters in the Eastern Cape had to halt their operations because they could not afford to pay for food as they had not received government funding during the pandemic. They said that at least one shelter in the Northwest province, struggled to feed about 80 clients, some of them children, and came close to collapse because of significantly delayed government funding.
Experts also expressed concerns about the quality of a government hotline set up during the pandemic for victims. “We were shocked by the GBV [gender-based violence] hotline,” the codirector at Rise Up Against Gender-Based Violence said. “[Victims are] trapped in their homes with their abuser and you’re giving them a telephone line. Many people have no phone, and [even if they do] the abuser is within earshot.”
Even when survivors could call, said Lopes, hotline workers were sometimes giving callers inappropriate advice and “deciding for themselves whether someone was eligible for shelters or not” rather than just doing referrals. In one example, she said, “the victim’s partner was a gangster, and she was needing urgent escape from the situation and the community that she lives in, but the command center told her that she was not eligible for sheltering as she could be accommodated elsewhere, essentially with her mom in the same community she had to leave for her own safety. They simply didn’t understand the dynamics.”
As Qatar prepares to host the 2022 FIFA World Cup, the government has assured prospective visitors it will welcome lesbian, gay, bisexual, and transgender (LGBT) tourists and that fans will be free to fly the rainbow flag at the games. But for LGBT Qataris like Mohammed, openly expressing his sexuality as a gay man is not an option. Doing so, he fears, would land him backin jail.
Mohammed was arrested in 2014 for alleged same-sex conduct, punishable by up to seven years’ imprisonment under article 285 of Qatar’s penal code. While in detention, officers searched his phone, identified a man he’d been messaging, and attempted to contact this person to target him as well. Mohammed was detained for weeks, enduring verbal abuse and sexual harassment by police. Officers even shaved his head.
Seven years later, Mohammed has resigned himself to a life of discretion: he dresses in a masculine style, refrains from posting about his sexuality online, and no longer meets men from dating apps.
“There is zero freedom [to post anything related to sexuality online],” Mohammed said.
As Qatar advances its surveillance capabilities, including inside football stadiums, the possibility of LGBT Qataris being persecuted for publicly supporting LGBT rights will remain long after the international fans have gone.
Physical and virtual spaces free from surveillance are vanishing in Qatar as data protection law allows broad exemptions that undermine the right to privacy. When digital surveillance is combined with laws that target individuals based on consensual sexual conduct outside of marriage, there is nowhere left to hide.
The Qatari government should repeal article 285 and all other laws that criminalize consensual sexual relations outside of marriage and leave people like Mohammed living in fear in the shadows. Freedom of expression and nondiscrimination based on sexual orientation and gender identity should be guaranteed for all Qataris, not just spectators and tourists flocking to Qatar for the World Cup.
To commemorate the Transgender Day of Remembrance on November 20, the Biden administration issued a report on violence and discrimination against transgender people in the United States. The report outlines positive steps the administration is taking to address the root causes of violence – but progress will be limited unless lawmakers enact laws that support them.
Over the past two years, Human Rights Watch spoke with dozens of transgender survivors of violence, advocates, and service providers in the states of Florida, Ohio, and Texas about the forms anti-transgender violence takes. One of the key findings of that research was that socioeconomic marginalization, such as unemployment, housing insecurity, and a lack of reliable transportation keeps many transgender people in unsafe situations. The most marginalized, particularly Black transgender women, are especially at risk.
The Biden administration’s roadmap, created with input from transgender people and advocates, identifies key concerns and outlines steps the administration has been taking to advance transgender rights. Among these are support for inclusive employment opportunities, health services, housing and homeless shelters, and antiviolence services, which are all badly needed.
Recognizing these factors is laudable, but state and federal lawmakers also need to take concrete steps to address them if meaningful progress is to be achieved.
At a minimum, lawmakers should stop demonizing transgender people and attempting to restrict their rights, and instead enact laws prohibiting discrimination based on gender identity. They should decriminalize sex work, making it easier for transgender sex workers to keep themselves safe and report violence when it occurs. They should explicitly cover gender-affirming care in state Medicaid policies and remove barriers to legal gender recognition to avoid instances in which people are publicly outed as transgender.
To improve support when violence occurs, lawmakers should reauthorize the Violence Against Women Act, enact the Family Violence Prevention and Services Improvement Act, and provide training and support to ensure shelters and anti-violence services are truly inclusive. And they should ban the “trans panic” defense, which allows perpetrators of anti-transgender violence to use their own fear or dislike of transgender people as a legal defense to minimize culpability in criminal proceedings when they have harmed or even killed a transgender person.
The Biden administration has identified some ways it can act to curb anti-transgender violence. To do that effectively, federal and state lawmakers will need to demonstrate the same commitment.
As of early November, this year is the deadliest on record for transgender people in the United States, with at least 45 people killed. But their deaths are only the tip of the iceberg. Many other transgender people are subjected to violence and harassment, in public and at home.
Our recent research focused on Florida, Ohio and Texas, three states where dozens of transgender people have been killed between 2016 and 2021. We found that anti-transgender violence is intersectional; risk is shaped by race, gender, class and other factors.
During this period, at least 88 percent of the transgender people killed in Florida, 91 percent in Ohio and 90 percent in Texas were people of color. The majority were Black transgender women, who are most at risk of fatal violence.
Some transgender people who experience violence are targeted or harassed by strangers in public, but others described harassment and abuse at the hands of family members, intimate partners or law enforcement officers — and what they needed most were resources and support.
In part, the high rates of violence that transgender people experience are fueled by public hostility, which some lawmakers have stoked this year. In 2021, a record number of anti-transgender bills were filed in state legislatures — and some passed into law — which demonized transgender people and sought to limit their access to health care, public facilities, and sports and recreation.
Other lawmakers have decried anti-transgender violence, typically by calling for more policing, stronger hate crimes laws, or harsher punishments. But if lawmakers want to address the problem, they need to address the conditions that give rise to it.
The transgender survivors and advocates I met with in Florida, Ohio and Texas described forms of violence that aren’t well addressed by hate crimes prosecution. Even when these prosecutions result in convictions, the state response lacks a survivor-centered, comprehensive approach and many survivors’ needs go unmet.
Addressing the violence requires paying attention to the socioeconomic marginalization and discrimination that put many transgender people in circumstances where they are exposed to harm. According to a survey by the National Center for Transgender Equality, 29 percent of transgender people live in poverty, compared with 12 percent of the U.S. population overall.
Without options, many transgender women engage in sex work and other informal economies, where criminalization puts them at heightened risk of violence by clients and law enforcement and can deter them from seeking assistance when violence occurs.
When people do face violence, the services designed to shield people from harm often fail transgender survivors. In many parts of the country, transgender people do not have access to homeless shelters, domestic violence services, or law enforcement agencies that will provide them meaningful help. Instead, many transgender people report being re-victimized when seeking out a lifeline, being turned away or mistreated because of their gender identity when they are most in need.
The same survey found that nearly a third of those who responded had experienced homelessness at some point in their lives, and one in 10 had experienced homelessness in the previous year.
Many transgender people do not know of shelters that will house them consistent with their gender identity, and when they are able to secure a place, they often face harassment from staff or other residents. Without a safe place to stay or the resources to move, many transgender people are unable to escape situations where they experience violence.
Some people we interviewed said they often felt most at risk when others could perceive that they were transgender and openly disparaged or threatened them. When transgender people are unable to access hormones and other gender-affirming health care, or are unable to update their identification to align with their gender expression, it can increase their exposure to hostility in public.
Protecting people from brutal, often fatal violence should not be controversial. Nonetheless, few states have taken meaningful action to address the circumstances that put transgender people at particular risk. Only 21 states expressly prohibit discrimination based on gender identity in employment, housing and public accommodations, leaving people in many parts of the country without such basic protections.
More can be done. At the federal level, Congress could enact the Equality Act, which would prohibit discrimination based on gender identity in a variety of domains. Lawmakers also should enact bills such as the Family Violence Prevention and Services Improvement Act, which would bolster services for survivors of intimate partner violence and family violence, including transgender survivors.
Condemning violence is not enough. If lawmakers are serious about stopping anti-transgender violence, they must address its roots.
Unless steps are taken to prevent violence from occurring — at a minimum, prohibiting discrimination, providing people with safe employment and housing options, and ensuring that anti-violence services are accessible and affirming — our interventions after the fact are going to be too little, too late.
A violent mob sexually assaulted, beat, threatened, and humiliated a 27-year-old intersex person on November 15, in Yaoundé, Cameroon’s capital. The perpetrators filmed the attack, which lasted for several hours, in two horrific videos which circulated on social media.
According to medical reports issued by a health facility in Yaoundé, the victim Sara (not her real name) suffered multiple hematomas all over her body. Sara’s doctor said that she needed monitoring for 15 to 18 days due to the severity of her injuries.
Police arrested a man in connection with the attack, but released him 48 hours later. On November 16, Cameroonian Foundation for AIDS (CAMFAIDS), a human rights organization advocating for lesbian, gay, bisexual, transgender, and intersex (LGBTI) people, filed a complaint with the police on behalf of Sara as a victim of assault, battery, and inhuman and degrading treatment. CAMFAIDS is providing support to Sara, including for medical and psychological assistance.
Two CAMFAIDS members said Sara is shocked and severely traumatized and attempted suicide on November 19. “We found her unconscious in the bathroom beside a bottle of bleach. We called the doctor. She is under observation,” said a CAMFAID activist.
In August, Human Rights Watch documented another brutal mob attack against two transgender women, Shakiro and Patricia, in Douala, Cameroon’s economic capital. The attack occurred just weeks after a court had ordered the women’s release from prison pending their appeal of a five-year sentence on arbitrary “homosexuality” charges.
Authorities have yet to make a public statement on Sara’s attack. Their silence over this high-profile incident of senseless violence against an LGBTI victim risks sending a message of tolerance for such abuse and highlights the government’s failure to protect LGBTI Cameroonians. Police should urgently respond to CAMFAID’s complaint, investigate the attack against Sara, and bring those responsible to justice. They should also ensure the safety of LGBTI activists who are doing crucial work in a climate of intimidation and violence.
Transgender people are at significant risk of violence and harassment in the United States, Human Rights Watch said in a report released today.
The 65-page report, “‘I Just Try to Make It Home Safe’: Violence and the Human Rights of Transgender People in the United States,” documents how persistent marginalization puts transgender people, particularly Black transgender women, at heightened risk of violence at the hands of strangers, partners, family members, and law enforcement. “Every year, advocates document dozens of cases of fatal violence against transgender people,” said Ryan Thoreson, an LGBT rights researcher at Human Rights Watch. “And these killings are symptomatic of a wider pattern of physical and sexual assaults, verbal harassment, and intimidation of transgender people that demands urgent attention.”
Human Rights Watch interviewed more than 60 transgender people, service providers, and advocates, in addition to reviewing available data on anti-transgender discrimination and violence in the United States. Interviews were conducted primarily in Florida, Ohio, and Texas, where dozens of cases of fatal violence against transgender people have been documented in recent years.
While the administration of President Joe Biden has taken steps to address anti-transgender discrimination, transgender people continue to face widespread hostility in many parts of the United States. In 2021, lawmakers introduced a record number of anti-transgender bills in state legislatures, seeking to restrict transgender people’s access to health care, bathrooms, and sports and recreation. People interviewed said that such actions make them worry even more about their safety in public spaces.
Only 21 states expressly prohibit gender identity discrimination in employment, housing, and public accommodations under state law, leaving transgender people in many parts of the country particularly vulnerable to mistreatment.
Because of family rejection and discrimination in education and employment, many transgender people have limited employment options and work in informal economies like sex work. When this work is criminalized, sex workers are at particular risk of being assaulted or killed by clients and report being reluctant to seek assistance from law enforcement for fear of being harassed or prosecuted.
Data suggests that transgender people face high rates of poverty, and housing insecurity, limiting their ability to leave situations where they are exposed to violence. The barriers that transgender people face in obtaining gender-affirming health care and identification documents can also heighten their risk of violence by increasing the likelihood that others perceive them as transgender and target them for harassment in public spaces, Human Rights Watch found.
While some interviewees described physical and sexual assaults by strangers in public settings, others described violence at the hands of intimate partners, family members, or law enforcement personnel.
When transgender people did experience violence, whether in public or private, many felt they did not have access to services designed to protect people from harm. Discrimination by homeless shelter staff and residents, domestic violence service providers, and law enforcement personnel left some without alternative options or basic resources to keep themselves safe.
Under international human rights law, governments have an obligation to respond to foreseeable threats to life and bodily integrity, and to address patterns of violence targeting marginalized groups. Lawmakers at the federal, state, and local levels should work to address socioeconomic conditions that put transgender people at risk of violence and provide funding and support to ensure that all survivors of violence are able to access the resources they need.
“Simply condemning violence after it happens is too little, too late,” Thoreson said. “If lawmakers are serious about stopping anti-transgender violence, they need to address the poverty and discrimination that put so many transgender people in harm’s way.”
The Papua New Guinea government should seriously address the criticisms of its human rights record and scores of recommendations raised by United Nations member countries, Human Rights Watch said today. Papua New Guinea appeared before the UN Human Rights Council for its Universal Periodic Review (UPR) in Geneva on November 4, 2021.
“UN member countries rightly criticized Papua New Guinea’s record on gender-based violence, retention of the death penalty, and laws that criminalize same sex relations,” said Elaine Pearson, Australia director at Human Rights Watch. “The UN review made it clear that the Papua New Guinea government hasn’t followed through on some of its key past pledges to the UN Human Rights Council.”
The Universal Periodic Review, which began in 2006, is a comprehensive review of the human rights record of each UN member country every five years. The country under UN review, along with local and international organizations, has the opportunity to submit reports to the Council to inform the review process. Human Rights Watch submitted an assessment of Papua New Guinea’s record in March.
At the review, other countries praised Papua New Guinea for the establishment of a special parliamentary inquiry into gender-based violence and for the establishment of an anti-corruption commission since the last review in 2016.
The Papua New Guinea government reported that, of 161 recommendations made in 2016, it had accepted 108.
However, more than 15 nations questioned Papua New Guinea’s retention of the death penalty, from Finland to Spain, Iceland to Fiji. The Papua New Guinea government has increased the number of crimes punishable by death in recent years to include robbery and murder following accusations of sorcery and rape. To the extent that international law permits the death penalty it is only for the most serious crimes following full due process. Robbery is not one of the most serious crimes.
Even though Papua New Guinea’s last execution was in 1954, Papua New Guinea officials rejected the calls to end the death penalty. They said that it was an integral component of their justice system. The use of the death penalty has widespread international condemnation, and the UN General Assembly states that there is no evidence that it is an effective deterrent.
“It’s disappointing to see the Papua New Guinea government’s support for the death penalty, which is clearly out of step with the rest of the Pacific and certainly most of the world,” Pearson said.
Several countries raised Papua New Guinea’s failure to reduce incidents of gender-based violence, and the lack of female representation in politics. More than 1.5 million people experience gender-based violence in the country each year, and prosecutions and convictions remain low. Italy and Cyprus also pressed the government about sorcery-related violence and urged the government to take steps to prevent such attacks and to prosecute offenders. Between May and June, groups of men violently attacked at least five women they accused of “sorcery.” One of the women was killed.
Other concerns included inequality and discrimination experienced by lesbian, gay, bisexual, and transgender people in Papua New Guinea. Many countries, including New Zealand, Montenegro, France, and Argentina, said that the government should decriminalize same-sex relations.
Some countries urged Papua New Guinea to increase access to education for all children, including children with disabilities. International human rights law makes clear that all children have a right to free, compulsory primary education. The Papua New Guinea government admitted that it does not provide schools close to all rural communities, but said it now has a policy of free education, which was not in place earlier in the year.
India said that the government should improve access to health care for children in rural communities, and two countries urged the government to raise the age of criminal responsibility from the current age of 10.
The US and Zambia urged Papua New Guinea to investigate instances of police brutality.
“Women and girls continue to face enormous danger from the scourge of gender-based violence and sorcery accusations,” Pearson said. “The Papua New Guinea government should demonstrate that it is serious about tackling these issues by prosecuting offenders and holding abusers to account.”
