International Human Rights Defense Act of 2019

II 116TH CONGRESS 1ST SESSION S. 861 To establish in the Bureau of Democracy, Human Rights, and Labor of the Department of State a Special Envoy for the Human Rights of LGBTI Peoples, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 25, 2019 Mr. MARKEY (for himself, Ms. WARREN, Mr. BLUMENTHAL, Mrs. SHAHEEN, Mr. DURBIN, Mr. CARDIN, Mr. CASEY, Ms. KLOBUCHAR, Ms. SMITH, Ms. BALDWIN, Mr. MERKLEY, Ms. STABENOW, Mr. WYDEN, Ms. HIRONO, Mr. REED, Mrs. GILLIBRAND, Mr. SANDERS, Ms. HARRIS, and Mr. MUR- PHY) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To establish in the Bureau of Democracy, Human Rights, and Labor of the Department of State a Special Envoy for the Human Rights of LGBTI Peoples, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘International Human 4 Rights Defense Act of 2019’’. 5 VerDate Sep 11 2014 05:19 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S861.IS S861 kjohnson on DSK79L0C42 with BILLS 2 •S 861 IS SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) APPROPRIATE CONGRESSIONAL COMMIT- 3 TEES.—The term ‘‘appropriate congressional com- 4 mittees’’ means— 5 (A) the Committee on Foreign Relations 6 and the Committee on Appropriations of the 7 Senate; and 8 (B) the Committee on Foreign Affairs and 9 the Committee on Appropriations of the House 10 of Representatives. 11 (2) GENDER IDENTITY.—The term ‘‘gender 12 identity’’ means the gender-related identity, appear- 13 ance, or mannerisms or other gender-related charac- 14 teristics of an individual, regardless of the individ- 15 ual’s designated sex at birth. 16 (3) LGBTI.—The term ‘‘LGBTI’’ means les- 17 bian, gay, bisexual, transgender, or intersex. 18 (4) INTERSEX.—The term ‘‘intersex’’ means in- 19 dividuals born with sex characteristics (including 20 genitals, gonads, or chromosome patterns) that vary 21 from typical binary notions of male or female bodies 22 and is an umbrella term used to describe a wide 23 range of natural bodily variations. 24 VerDate Sep 11 2014 05:19 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S861.IS S861 kjohnson on DSK79L0C42 with BILLS 3 •S 861 IS (5) SEXUAL ORIENTATION.—The term ‘‘sexual 1 orientation’’ means actual or perceived homosex- 2 uality, heterosexuality, or bisexuality. 3 SEC. 3. FINDINGS. 4 Congress makes the following findings: 5 (1) Around the world, LGBTI people face vio- 6 lence, discrimination, hatred, and bigotry. 7 (2) Sixty-nine countries criminalize same-sex re- 8 lations and at least three countries prohibit the pub- 9 lic support of the LGBTI community. That is equal 10 to 35 percent of United Nations member states. 11 (3) In several countries, homosexuality is a 12 crime that is punishable by death. 13 (4) Intersex people experience prejudice and 14 discrimination because their bodies do not conform 15 to other people’s expectations about sex and gender, 16 including the common performance of medically un- 17 necessary surgeries without the consent or approval 18 of intersex individuals. 19 (5) Violence and discrimination based on sexual 20 orientation and gender identity are documented in 21 the Department of State’s annual Human Rights 22 Report to Congress. The 2017 report continues to 23 show a clear pattern of human rights violations in 24 every region of the world based on sexual orientation 25 VerDate Sep 11 2014 05:19 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S861.IS S861 kjohnson on DSK79L0C42 with BILLS 4 •S 861 IS and gender identity. These violations include mur- 1 der, rape, torture, death threats, extortion, and im- 2 prisonment, as well as loss of employment, housing, 3 access to health care, and other forms of societal 4 stigma and discrimination. The report further docu- 5 ments LGBTI-specific restrictions on basic freedoms 6 of assembly, press, and speech in every region of the 7 world. 8 (6) In Jamaica and other countries, discrimina- 9 tion against LGBTI people, including ‘‘corrective 10 rape’’ of lesbian women, occurs all too frequently 11 and with relative impunity. 12 (7) In 2013, the Russian Duma passed a law 13 banning so-called ‘‘homosexual propaganda’’, which 14 effectively makes it a crime to publicly support 15 LGBTI equality or even discuss homosexuality. This 16 pernicious law is the basis for similar so-called 17 ‘‘antipropaganda’’ legislation in countries across 18 Eastern Europe and Central Asia, including in 19 Moldova, Kyrgyzstan, and Belarus. 20 (8) In December 2013, the Government of Ni- 21 geria adopted a law that further criminalized same- 22 sex relations and support for LGBTI people, endan- 23 gering neighbors, friends, doctors, and landlords of 24 LGBTI people. 25 VerDate Sep 11 2014 05:19 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S861.IS S861 kjohnson on DSK79L0C42 with BILLS 5 •S 861 IS (9) Several countries in South Asia continue to 1 have draconian laws that criminalize homosexual 2 acts, which place LGBTI people in danger and un- 3 dermine their ability to live free from persecution. 4 (10) In February 2014, the Government of 5 Uganda adopted a law making ‘‘aggravated homo- 6 sexuality’’ a crime punishable with life imprisonment 7 and concurrently, the Government of Uganda also 8 passed laws severely limiting the basic freedoms of 9 speech and assembly for LGBTI citizens. While the 10 Constitutional Court overturned the Anti-Homosex- 11 uality Act on a technicality in August 2014, LGBTI 12 Ugandans continue to be subjected to discrimination 13 and violence, and their government has in recent 14 years forcibly shut down even private Pride celebra- 15 tions in Kampala. 16 (11) On April 1, 2017, the Russian newspaper 17 Novaya Gazeta reported that the government of the 18 autonomous republic of Chechnya had been arrest- 19 ing, detaining, and torturing gay and bisexual men 20 in secret prisons since early 2017. International 21 human rights groups and Russian LGBTI rights ac- 22 tivists estimate that as many as 20 people may have 23 been murdered thus far and potentially over 200 24 people were detained during the purge. An OSCE 25 VerDate Sep 11 2014 05:19 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S861.IS S861 kjohnson on DSK79L0C42 with BILLS 6 •S 861 IS factfinding report released in December 2018 con- 1 firmed the atrocities, documenting ‘‘several waves of 2 violations of human rights abuses of persons based 3 on their sexual orientation and gender identity’’. Re- 4 ports from early 2019 suggest the purge has contin- 5 ued. 6 (12) On May 23, 2017, and again on July 13, 7 2018, gay men were publicly caned in the Indo- 8 nesian province of Aceh, while thousands of spec- 9 tators snapped pictures outside a mosque as the bru- 10 tal punishment was meted out. Several times in 11 2017, police in Indonesia have arrested men at pri- 12 vate parties, sometimes releasing their photographs 13 to the news media, endangering their lives. 14 (13) In September 2017, reports emerged from 15 Azerbaijan that authorities had begun a crackdown 16 on gay men and transgender women, arresting more 17 than 60 and subjecting them to beatings, harass- 18 ment, torture, and blackmail. 19 (14) From September through December 2017, 20 over 70 LGBTI individuals were arrested in Egypt, 21 with dozens receiving prison sentences of up to six 22 years. In late 2017, authorities in Egypt instructed 23 local media to delete any positive references to 24 LGBTI people, and lawmakers proposed a bill that 25 VerDate Sep 11 2014 05:19 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S861.IS S861 kjohnson on DSK79L0C42 with BILLS 7 •S 861 IS would criminalize LGBTI people and their allies. 1 The arrests continued in 2018, with a Cairo-based 2 LGBTI rights organization documenting 76 arrests 3 for alleged same-sex conduct in 2018. 4 (15) Anti-LGBTI laws not only endanger all 5 LGBTI individuals, but also pose serious risks for 6 those associated with or caring for LGBTI people. 7 Studies have shown that when LGBTI people, espe- 8 cially LGBTI youth, face discrimination, they are 9 less likely to seek HIV testing, prevention, and 10 treatment services. 11 (16) According to the Trans Murder Monitoring 12 Project, which monitors homicides of transgender in- 13 dividuals, there were at least 369 cases of reported 14 killings of trans and gender-diverse people between 15 October 2017 and September 2018, an increase over 16 previous years. The organization reports that a ‘‘ma- 17 jority of the murders occurred in Brazil (167), Mex- 18 ico (71), the United States (28), and Colombia (21), 19 adding up to a total of 2982 reported cases in 72 20 countries worldwide between 1st of January 2008 21 and 30th of September 2018’’. 22 (17) According to the International Guidelines 23 on HIV/AIDS and Human Rights, as published by 24 the United Nations High Commissioner for Human 25 VerDate Sep 11 2014 05:19 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S861.IS S861 kjohnson on DSK79L0C42 with BILLS 8 •S 861 IS Rights, and according to the July 2017 report of the 1 Independent Expert on protection against violence 2 and discrimination based on sexual orientation and 3 gender identity, countries should review and reform 4 criminal laws and correctional systems to ensure 5 that they are consistent with international human 6 rights obligations and are not misused or targeted 7 against vulnerable groups. 8 (18) Removing institutionalized discrimination 9 and targeted persecution against LGBTI people 10 around the world is a critical step in the promotion 11 of human rights and global health internationally. 12 (19) Anti-LGBTI laws and discrimination pose 13 significant risks for LGBTI youth who come out to 14 their family or community and often face rejection, 15 homelessness, and limited educational and economic 16 opportunities. These factors contribute to increased 17 risks of substance abuse, suicide, and HIV infection 18 among LGBTI youth. 19 (20) On December 6, 2011, President Barack 20 Obama released the ‘‘Presidential Memorandum— 21 International Initiatives to Advance the Human 22 Rights of Lesbian, Gay, Bisexual, and Transgender 23 Persons’’. The memorandum directed all Federal 24 agencies engaged abroad to ensure that United 25 VerDate Sep 11 2014 05:19 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S861.IS S861 kjohnson on DSK79L0C42 with BILLS 9 •S 861 IS States diplomacy and foreign assistance promote and 1 protect the human rights of LGBTI persons. 2 (21) On February 23, 2015, Secretary of State 3 John Kerry appointed senior diplomat Randy Berry 4 as the Department of State’s first-ever Special 5 Envoy for the Human Rights of LGBTI Persons. 6 Secretary Pompeo pledged to re-fill that position 7 during his April 2018 confirmation hearing, but has 8 yet to do so. 9 (22) On June 30, 2016, the United Nations 10 Human Rights Council passed a resolution cospon- 11 sored by the United States that established an inde- 12 pendent expert on violence and discrimination based 13 on sexual orientation and gender identity to help 14 monitor and track discrimination and violence expe- 15 rienced by LGBTI persons around the world. 16 (23) In November 2016, the Government of 17 Tanzania placed a ban on all HIV and AIDS out- 18 reach projects aimed at gay men, including those 19 funded by the President’s Emergency Plan for AIDS 20 Relief. This forced the closure of United States- 21 funded programs providing testing, condoms, and 22 care to gay men, exacerbating the health needs of 23 gay men in Tanzania, about 30 percent of whom are 24 HIV positive. In 2018, various government officials 25 VerDate Sep 11 2014 05:19 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S861.IS S861 kjohnson on DSK79L0C42 with BILLS 10 •S 861 IS have announced crackdowns on the LGBTI commu- 1 nity, including a threat by the governor of the larg- 2 est city, who announced a purge on LGBTI individ- 3 uals and asked the public to report them. Reports 4 suggest that many people have been arrested and 5 more are in hiding. 6 (24) In February 2017, three transgender 7 women were murdered in El Salvador with impunity, 8 leading the United Nations to call for an investiga- 9 tion into crimes against sexual and gender minorities 10 in that country. A 2016 report noted that 11 transgender women in El Salvador have an average 12 life expectancy of less than 35 years due to violence, 13 discrimination, and femicide. 14 (25) Extreme violence in El Salvador, Nica- 15 ragua, Guatemala, and Honduras has driven LGBTI 16 people to flee their countries or origin to the United 17 States for protection. LGBTI people were among the 18 first asylum seekers in the migrant ‘‘caravans’’ ar- 19 riving at the United States-Mexico border. 20 (26) At the annual Summit of Commonwealth 21 Nations in April 2018, United Kingdom Prime Min- 22 ister Theresa May issued an apology for discrimina- 23 tory laws criminalizing same-sex relationships that 24 were imposed on British colonies around the world. 25 VerDate Sep 11 2014 05:19 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S861.IS S861 kjohnson on DSK79L0C42 with BILLS 11 •S 861 IS She also announced the creation of a fund to sup- 1 port legal reform efforts. 2 (27) In April 2018, Trinidad and Tobago’s 3 High Court of Justice issued a landmark ruling de- 4 claring that laws which criminalize same-sex rela- 5 tionships between consenting adults are unconstitu- 6 tional. 7 (28) In April 2014, the Supreme Court of India 8 recognized transgender people as a third gender, im- 9 proving the legal rights of transgender people in that 10 country. Though an important step, the decision 11 does not grant full legal rights to transgender peo- 12 ple. 13 (29) In September 2018, the Supreme Court of 14 India issued a unanimous decision decriminalizing 15 same-sex relationships across the country. The land- 16 mark case is likely to support similar legal chal- 17 lenges to colonial-era sodomy laws in other former 18 British colonies, since the Indian sodomy law was 19 the model used for other British colonies. 20 (30) Angola decriminalized same-sex relation- 21 ships in January 2019, and prohibited discrimina- 22 tion against people on the basis of sexual orienta- 23 tion. 24 VerDate Sep 11 2014 05:19 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S861.IS S861 kjohnson on DSK79L0C42 with BILLS 12 •S 861 IS (31) In Ja [Text truncated for display. Full text available on Congress.gov.]