How a Folk Saint of Death Took Off Among Transgender Women in Mexico

Violence against transgender women is common in Mexico, mostly because employment discrimination forces many to turn to sex work for money. Santa Muerte, the skeleton folk saint with her female form and association with death, is particularly appealing to transgender sex workers, who face the persistent threat of violent clients and transphobic hatred.

Unlike official church figures such as Our Lady of Guadalupe whose images are ethereal, Santa Muerte appeals to those with practical problems and passions living on the country’s margins. Devotees ask her for protection, even when sex work is their only occupation.

“The majority of us believe in Santa Muerte,” said Betzy Ballesteros, a 26-year-old transgender sex worker. “She’s a God to us. I ask her to shield me from danger and provide work and clients.”

The cult of Santa Muerte is an example of religious syncretism, with roots in European Catholicism and Aztec beliefs.

Condemned as satanic by the Catholic Church and frequently portrayed as a narco-cult in the media, worship of Santa Muerte is nevertheless a fast-growing new religious movement in the Americas, according to Andrew Chesnut, professor of religious studies at Virginia Commonwealth University and the author of “Devoted to Death: Santa Muerte, the Skeleton Saint.”

“Mexican Catholics and evangelicals tend to view transgenderism as a lifestyle choice,” said Chesnut. “But the fact that Santa Muerte is outside the orbit of both evangelical and Catholic Christianity makes her much more appealing. It’s much easier for followers to feel that she’s not going to be judgmental.”

In contrast, many transgender women feel rejected by mainstream churches.

“I went with some transgender friends to Mass one time,” said Ballesteros. “The priest stopped his sermon and told us to leave the house of God. After that, I decided I wouldn’t ever go back.”

The Rev. Hugo Valdemar Romero, a spokesperson for the Archdiocese of Mexico City, said the church does not abandon or excommunicate transgender people. But he does believe they suffer from pathology.

“Of course it is not acceptable for someone to violate their own biology,” he said. “Nature is very clear. There are men and there are women.”

As for Santa Muerte, Romero considers it a heretical cult.

“True religion looks for the devotee to fulfill the will of God, not the other way around. If they opt for another church or belief that justifies what they’re doing, they are looking for a god made to their own measure.”

Despite the church’s condemnation, many Santa Muerte devotees describe themselves as Catholic.

The civil rights organization Transgender Europe has documented 247 killings of transgender people in Mexico between January 2008 and April 2016, the second-highest number in the world, after Brazil.

The life expectancy of transgender women in Latin America is 35, according to the Inter-American Commission on Human Rights.

“Transgender people are more likely to become involved in substance and alcohol abuse and they are less likely to have strong networks of family and others on whom they can count,” said Cymene Howe, an anthropologist who has studied the importance of Santa Muerte among transgender sex workers who migrate between Guadalajara and San Francisco.

Except as victims, transgender women are virtually invisible to the rest of Mexican society. Even the brutal murder on March 11 was relegated to the back pages of local newspapers.

Transgender activist Ari Vera Morales was expelled from a teaching training college.

“The school said I was creating a negative image,” she said. “The problem with being a transgender women in Mexico is that your identity, your existence is criminalized.”

Yet Santa Muerte plays a vital role in helping to unify a community that lacks a voice and visibility.

“When I was 14 my mum kicked me out and I went to live in the house of a friend,” Ballesteros said. “She had a big altar. I learned what a cult was, what death was, what everything was for.”

Read the full article from Religious News Service.

LBT Women’s Economic Empowerment: Reflections on the Successes and Struggles from the CSW

As week one of the 61st UN Commission on the Status of Women (CSW) draws to a close here in New York, a wide range of LBT activists, researchers and governments have reflected on how or whether this annual UN conference can address the struggles facing LBT individuals, especially in relation to this year’s priority theme,  “women’s economic empowerment in the changing world of work.”

By Erin Aylward

This year’s CSW appears to reflect a particularly hostile atmosphere to LGBTI rights: the United States has included representatives of two organizations known to oppose the UN human rights system, LGBTI rights, and women’s sexual and reproductive health and rights in its official delegation; human rights defenders from the six countries targeted in the travel ban have been denied visas and thus the opportunity to be heard during this year’s CSW; and US State Department staffers have been instructed to seek cuts of over 50% in funding for UN programs. Undeniably, we have entered troubling and uncertain times in international relations and human rights advocacy.

Yet, alongside these alarming developments in the international arena, substantive achievements in advancing the rights of LBT individuals around the world have been gained since last year’s CSW. In recognition of the need to celebrate the victories that have forged while also reflecting on the outstanding challenges, ARC International, in partnership with the Canadian government and the Permanent Mission of the Argentine Republic to the United Nations, hosted a side event on March 13 that sought to shed light on the successes and barriers to LBT women’s economic empowerment.

For decades, LGBTI activists from around the world have emphasized that advancing the civil/political rights of their communities only matters as much as access to economic rights and opportunities. As Raphael Crowe (event moderator and ILO senior gender specialist) noted, these comments are borne out by what preliminary data exists: the ILO’s PRIDE Project found that, in each of the nine countries that were studied2, LGBT workers face discrimination on the basis of sexual orientation and/or gender identity throughout their schooling, in accessing employment, and throughout the employment cycle.

Yet, notwithstanding the numerous challenges facing LBT women’s ability to access economic empowerment, this panel also highlighted some encouraging successes and best practices that civil society and government alike have helped to forge. Argentine Ambassador Martín García Moritán noted that states have a responsibility to address LBT employment discrimination. For Argentina, this has ranged from reforms in the education system to developing workshops with the Ministry of Labour and Employment and the private sector to help bridge the employment gap for trans individuals.

This year’s Commission on the Status of Women does not reflect a particularly favourable environment for LBT and women’s human rights defenders. It is clear that, at the international level, previous gains will have to be defended and the shrinking of space for civil society has to be actively resisted against. Yet, for those of us who were fortunate to attend this side-event on LBT economic empowerment, it was impossible to not be struck with a sense of hope, conviction, and renewed inspiration to continue with the struggles ahead.

Read the full article from ARC International.

US Government Appoints Hate Group Representatives to CSW

On Monday, 13 March, the United States Department of State announced that its official delegation to the 61st annual United Nations Commission on the Status of Women (CSW) includes representatives of two organizations known to oppose the UN human rights system, LGBTIQ rights, and women’s sexual and reproductive health and rights: the Center for Family and Human Rights (C-FAM) and the Heritage Foundation. C-FAM is labeled a hate group by the Southern Poverty Law Center. The Heritage Foundation called for a cut in funding for programs combatting violence against women and claims that anti-discrimination laws grant LGBT people “special privileges.”

Jessica Stern, Executive Director of OutRight Action International, a twenty-seven-year-old international LGBTI human rights organization with ECOSOC status, commented on the US Delegation to the UN CSW.

“In their Senate confirmation hearings, Secretary of State Tillerson and US Ambassador to the UN Nikki Haley repeatedly pledged to uphold the right to be free from discrimination as an American value. The appointment of these organizations to the official US delegation undermines their positions. I urge Secretary Tillerson and Ambassador Haley to ensure that the US delegation maintains non-discrimination at the CSW in the face of obvious pressure from these newly appointed members of the delegation.

Fundamentalist notions about how women and girls should behave should never be the basis of advising or negotiating US foreign policy.

It is also a bad sign that two organizations that have tried to delegitimize the United Nations and human rights internationally now sit on the official US delegation. Maybe the violent mentality that got C-FAM labeled a hate group successfully panders to their base, but the US government must ensure protection for the world’s most vulnerable people.”

C-FAM regularly releases homophobic vitriol on its website, has called for the criminalization of homosexuality and has even espoused violence. Its president, Austin Ruse, has said, “The penalties for homosexual behavior should not be jail time, but having some laws on the books, even if unenforced, would help society to teach what is good, and also would prevent such truly harmful practices as homosexual marriage and adoption.” In defiance of evidence, Ruse has asserted that, “the homosexual lifestyle is harmful to public health and morals.” During an interview in 2014, Ruse commented that he hoped his children would attend private colleges, “to keep them so far away from the hard left, human-hating people that run modern universities, who should all be taken out and shot.”  The Southern Poverty Law Center has considered C-FAM a hate group since 2014.

The Heritage Foundation and its sister organizations has at least 11 past employees now working in the Trump Administration and has provided much of the domestic and foreign policy blueprint the Trump Administration used in its first days in office.  In its call to cut funding for programs combatting violence against women, the Heritage Foundation said such programs amount to a, “misuse of federal resources and a distraction from concerns that are truly the province of the federal government.”  The organization continually purports that anti-discrimination laws inclusive of sexual orientation and gender identity are unjustified. It alleges that such laws, “do not protect equality before the law; instead, they grant special privileges.”  The organization steadfastly rallies against the rights of transgender people. It claims that, “[W]e are created male and female and that male and female are created for each other.”

Jessica Stern continued her comments on these events:

“Practically speaking, the US should support CSW conclusions that condemn discrimination on any basis, support family diversity, and support the full range of conditions that enable women’s economic empowerment, including comprehensive family planning. While these ideas might seem like a leap of faith after the appointment of these organizations, these positions are the logical application of the principle of non-discrimination. Human rights are based on indivisibility, which also means that the US cannot credibly support non-discrimination for LGBTI people while opposing family planning. Women’s rights, reproductive choice, LGBTI rights, climate justice, and the strength of the international human rights system all go hand-in-hand.

Many Americans have recently asked themselves, what does foreign policy matter to human rights at home? Now, we have our answer. The same groups advocating against women’s rights, immigrants, Muslims, the Affordable Care Act, and LGBTI rights in the US are taking these views to the international stage. What the US says about women from around the world at the CSW will be a sign of things to come for American women, so it is essential that the US uphold American values and prevent all forms of discrimination at the CSW. Domestic and foreign policy are two sides of the same coin.”

Every day around the world, LGBTIQ people’s human rights and dignity are abused in ways that shock the conscience. The stories of their struggles and their resilience are astounding, yet remain unknown—or willfully ignored—by those with the power to make change. OutRight Action International, founded in 1990 as the International Gay and Lesbian Human Rights Commission, works alongside LGBTIQ people in the Global South, with offices in six countries, to help identify community-focused solutions to promote policy for lasting change. We vigilantly monitor and document human rights abuses to spur action when they occur. We train partners to expose abuses and advocate for themselves. Headquartered in New York City, OutRight is the only global LGBTIQ-specific organization with a permanent presence at the United Nations in New York that advocates for human rights progress for LGBTIQ people.

Read the full statement from OutRight Action International.

The time has already come for #LBTI persons at #CSW61

States, institutions, UN agencies, and everybody involved in and with responsibilities towards the world of work must commit themselves to act right now and address the need to guarantee the right to work for Iesbians, bisexual women, trans and intersex persons.

By Mariana Winocur

As ARC’s Communications Officer, I have been investigating data for “talking points” and social media messaging around the theme for this year’s CSW. In compiling some of this research, some of the questions that I began thinking about included the following:

  • To what extent is CSW considering the word “women”?
  • How does this word include the enormous and rich variety of lesbians, bisexual women, trans and intersex persons (LBTI)?
  • How do we ensure that no one will be left behind, as promised in the Sustainable Development Goals?

Trying to find out some answers, I started looking for specific information regarding LBTI persons in the world of work, and information more broadly related to economic empowerment. It would be an understatement to point out that there is very little data, and the data that has been published depicts a worrying situation and leaves out entire regions where we know there are huge barriers for the economic empowerment of our communities. What exists clearly shows alarming trends about discrimination linked to sexual orientation, gender identity and expression, and sex characteristics. Here are just a few examples of what I found:

  • In most countries trans persons are completely excluded from formal employment. This leaves few survival strategies, which inevitably increases their vulnerability.[1]
  • Social and familial violence hinder trans women’s possibilities in the formal labor market. About  90 percent of trans women in the Americas engage in sex work.[2]
  • Some lesbians face discrimination at work because they don’t look “enough feminine”. [3]
  • A US study on queer female shows that those  who apply for administrative jobs in the United States, are about 30 percent less likely to receive a callback compared with the straight female applicants of equal qualifications. [4]
  • Within paid work spaces in Europe, an average of 26 percent of lesbians felt discriminated against or harassed based on their sexual orientation.[5]
  • An average of 23 percent of unemployed European bisexual people feel discriminated against or harassed for being perceived as bisexual. [6]
  • A survey report of Australians born with atypical sex characteristics found that there are high rates of poverty: the majority earn an income 41 percent less than the average.[7]

This panorama shows that there is a lot to be done to economically empower LBTI persons and leave no one behind.

Read the full article from ARC International.

Spanish police seize Catholic group’s anti-transgender bus

Police in Madrid have banned a bus emblazoned with the anti-transgender message: “Boys have penises, girls have vulvas. Do not be fooled.”

Catholic group Hazte Oir, which translates as “Make Yourself Heard”, was about to embark on a nationwide tour in their bright orange bus when Spanish authorities impounded the vehicle, branding the tour “a hate campaign based on intolerance”.

The Catholic group is thought to have launched the campaign in response to posters put up in northern Spain by transgender rights group Chrysallis which read: “There are girls with penises and boys with vulvas. It’s as simple as that.”

Hazte Oir launched a petition to ban the posters, but did not manage to gather enough signatures.

Purificacion Causapie, a spokeswoman for the socialist party, said the bus was “contrary to the dignity and rights of transsexual children”, and urged the mayor to ensure that Madrid remained “a city free of discrimination, violence and attacks on minors”.

Madrid’s mayor Manuela Carmena said she wanted the bus to leave the city “as soon as possible”.

Members of Hazte Oir said the ban was illegal and that they plan to acquire a new bus.

Read the full article from International Business Times.

OURs - News piece

Hungary: Same-sex registered partners to receive all tax benefits afforded to spouses

Following a report by the Commissioner for Fundamental Rights the National Tax and Customs Administration announced to revise its earlier policy discriminating against same-sex registered partners in matters of inheritance and personal income tax.

The Commissioner launched his investigation following a petition by Háttér Society that received several related complaints.

Registered partnership, a family law institution for same-sex couples similar to marriage was introduced in Hungary in 2009. The law stipulates that besides the few exceptions explicitly mentioned in the Registered Partnership Act, all legal provisions that apply to spouses shall also apply to registered partners. Exceptions relate to taking the partner’s name and parenting, thus do not cover taxation issues.

As opposed to the clear legislation, two surviving registered partners approached the legal aid service of Háttér Society in 2015 complaining that they were ordered to pay inheritance tax, even though spouses have full inheritance tax exemption. Following the intervention of Háttér Society the tax authority revoked both decisions and returned the already paid inheritance tax. The two very similar cases, however, made it likely that the tax authority was systematically disregarding the existing legislation, so Háttér Society requested the National Tax and Customs Administration (NTCA) to reopen all inheritence tax files of registered partners in order to make sure the legislation was applied properly.

Read the full article from the Háttér Society

OURs at the 13th AWID Forum

Reclaiming Rights in the Face of Rising Fundamentalisms

This September, members of the Observatory on the Universality of Rights (OURs) met in Bahia, Brazil to participate in the 13th International Forum, a convening held by the Association for Women’s Rights in Development (AWID), the coordinating organization of the OURs Working Group.

The OURs initiative was formally presented to the Forum at a session titled “How Can We Reclaim Our Rights? Universal Human Rights and the Fierce Backlash of Religious Fundamentalisms”.  During the session, which was moderated by Meghan Doherty of Sexual Rights Initiative, presentations were given by Zainah Anwar of Musawah, Carrie Shelver of the Coalition of African Lesbians (CAL), independent expert Cynthia Rothschild, and AWID’s Naureen Shameem.  This session presented initial findings from the OURs’ first trends report (forthcoming).   

Push Back and Step Forward: Our Human Rights at Risk,”  a second session, was presented by Marisa Viana of RESURJ, Juan Marco Vaggione of Católicas por el Derecho a Decidir Argentina, Mirta Moragas of Ipas, and Karima Bennoune, who spoke in her personal capacity.  This discussion traced the rise of religious fundamentalisms, examining socioeconomic factors that have led to their current level of influence upon human rights standards. Participants took to Twitter to continue the conversation, using the hashtag #RightsAreUniversal.

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Drumming group Banda Dida playing at the AWID Forum in Bahia, Brazil

Actors, Tactics, and Discourses

Information about the anti-rights players operating in international spaces and the tactics and discourses they use was a prominent feature of the discussions at the AWID Forum.  Discourses of religion, culture, and tradition are perhaps the most well-known arguments used by these conservative actors.  However, the preview of the forthcoming OURs research revealed a whole plethora of other discourses being employed in creative ways.

Some of key discourses used to support conservative agendas in human rights spaced include:

  • The right to life
  • National sovereignty
  • Western imperialism
  • Religious freedom and freedom of conscience
  • Preservation of culture and traditional values
  • Protection of children
  • Parental rights
  • Protection of the family
  • Sexual rights
  • Sexual orientation and gender identity (SOGI)
  • Freedom of expression
  • Maternal mortality
  • Violence against women

One particularly worrying trend mentioned was conservative groups becoming more adept at using the very language of human rights, women’ rights, and even the language pertaining to the universality of rights, in order to push agendas which actually aim to curtail rights, especially those relating the gender and sexuality.

Karima Bennoune gave the example of cultural rights.  She reminded the audience that culture is never static, and is something to be created by people rather than imposed upon them.  Bennoune reiterated that culture cannot be allowed to be misused as an excuse for violence, and reminded participants of  Article 5a of the CEDAW convention, which outlines the obligation states have to transform aspects of culture which give rise to discrimination against women.  She urged WHRDs to remind the world that they are the ones who are defending cultural rights.

Naureen Shameem’s preview of the research conducted by OURs was replete with examples of tactics used by conservative non-government groups.  The room was shown, for example, online petitions set up to protest the UN’s ‘Gay Gestapo’ (referring to the new position of Independent Expert on Sexual Orientation and Gender Identity), and international convenings such as the World Congress of Families.  Lobbying was shown to be an important tactic of non-state groups, as well as training of lawyers and other experts to defend regressive stances. The research presentation included an example of a detailed manuals used by one group to train its members to lobby UN officials.  Marisa Viana and Mirta Moragas emphasized the huge amount of young people doing this work, who are very confident operating in international policy spaces, and are also very well trained.  

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Example of an online petition by right-wing website CitizenGo

Similarly, the tactics of states were elaborated upon, such as the practice of state reservations to treaties and resolutions; procedural tactics such as the introduction of hostile amendments; and the sponsoring of regressive resolutions.  States also embed limitations on rights by galvanising enough states to pass agreed regressive language.  One example given was a sentence from the July 2015 ‘Protection of the Family’ resolution: “The family plays a crucial role in the preservation of cultural identity, traditions, morals, heritage, and value system and the values system of society”.  Presenters discussed the central tactic of the states behind the ‘protection of the family’ agenda: the attempt to switch the subject of rights away from the individual and onto the institution of ‘the family’, rigidly conceptualised as hierarchical, patriarchal and heteronormative.

Juan Vaggione emphasised the power of the Vatican.  The only religious body to be given nearly the power of a state at the UN, the Vatican (Holy See)’s sophisticated tactics have had an extensive impact of the construction of rights and international law.   Vaggione described this as the Vatican maximizing channels that had been opened for democratic purposes, using their power for their own cause.  He gave the example of the defence of religious liberty and conscience as a pro-democracy principle that had been turned on its head.

We heard from Zainah Anwar (Musawah) and María Consuelo Mejía (Católicas por el Derecho a Decidir, Mexico) about the ways in which this array of strategies works to threaten human rights at national and regional levels as well as the international.    Both speakers outlined the creative strategies employed by civil society in different parts of the world to resist the rise of religious fundamentalisms, and their work to encourage more proactive responses to this trend.

Through the discussion it became clear that fundamentalists use the same arguments at both of these levels, but the difference is that attacks at international level actually aim to erode the very foundation upon which human rights are rested and can be claimed against violators.

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Anti-rights players at the UN, as described during the AWID Forum

Finding our solutions to the current crisis

Cynthia Rothschild warned that the contemporary era is witnessing the mobilization and growth of challenges to human rights at a pace never seen before. As she pointed out, this comes as a result of increasing collaboration between regressive forces across regions, religious affiliation, and between state, intergovernmental and religious institutions, non-state actors.    We heard how these regressive actors, like feminists and social justice activists, have come to understand the importance of ‘intersectionality’; they use various angles, from sustainable development, the environment, poverty, to introduce anti-rights views.

Overall, the discussions painted a picture of an international landscape in which female bodies, and the bodies of people who do not fit ‘norms’ relating to gender and sexuality, are the battleground for parties that stand at each end of increasingly polarized policy spaces.  Cultural and nationalist discourses intersect with the religious, and, when it comes to questions of sexuality and gender, states are adopting positions that are often actually more regressive than their national laws.  Furthermore, these regressive actors are making strides to erode long-achieved standards that had previously been taken for granted.

This situation in international policy spaces is certainly part of a broader global picture of shrinking civil society space, a crisis of democracy, and a rise in populist right-wing movements.  Against this backdrop, NGOs and activists are painted as in cahoots with elites, and international norms are demonized as imperialist diktats.

Those present reflected on the future of working within and in relation to international spaces like the UN: how much time and energy should we commit to these spaces, and how much should we try to push the envelope to bring more radical feminist politics into them?  There were also repeated statements of the need to work through a more integrated approach to human rights, bringing activist concerns about intersectionality to the fore at the international level.   The multi-organizational OURs initiative was discussed as an exciting way forward in response to the current crisis.

Given the ability of conservative actors to organize across issues and regions, the promise of OURs to bring together existing efforts was a welcome vision for the future. Given the way that the current political landscape is often polarized between either focus on the religious right or questions of imperialism, it was refreshing that the discussion brought together both of these phenomena as two sides of the same coin.   

Taking a intersectional approach, the conversation did not shy away from uncomfortable realities.  In particular Carrie Shelver of CAL outlined the fact that rights discourses and systems have been misused by those with power to prop up existing global power inequality, and that both cultural and economic imperialisms continue to devastate Global South nations.  In both sessions, the links between militarism, capitalism, imperialism, and religious fundamentalisms were made clear. 

With this conceptual framework as a foundation, there was a feeling that the OURs initiative had the potential be an important vehicle.  A vehicle to successfully reclaim human rights from the pervasive accusations that rights norms and systems are somehow imperialist impositions, while still pushing beyond traditional liberal formulations of universality which have failed to serve intersectional visions of justice.  While many of the questions for the future revolve around how this can be articulated as a sustained and thorough political position and vision, the discussions at the Forum felt like one of the first of many steps in the right direction.

Human rights are under attack by an ultra-conservative agenda

The advance of actors pushing fundamentalist agendas within international policy spaces is cause for concern this Human Rights Day. Feminists and other social justice activists must act now to reaffirm and safeguard our human rights.

By Isabel Marler and Naureen Shameem

Each week a conservative group based in the United States sends out an email message to its followers across the globe. These newsletters are replete with warnings that “UN radicals” and “deliberately barren radical feminists” pose a threat to the moral order with their “devilish gospel of contraception, population control, p*rnography, abortion, gay rights, and all the other aspects of the sexual revolution”.1 They have included such items as “Gay Parents Might Make You Sad and Fat” and “Gender Ideology Leads to Child Abuse”.2

Those of us invested in social justice work may dismiss this kind of rhetoric. However, the scale and power of the global anti-human rights movement warrants serious attention, especially in the context of the rise of right-wing movements around the world, including Brexit and the US election this past year.

Take, for example, the World Congress of Families (WCF), whose 35-partner network has a combined annual budget of over $200 million, and, according to WCF, has a reach of over 50 million people worldwide.3 In addition to a regular stream of declarations, “social science” publications, and policy papers, WCF’s key contribution to the global anti-human rights scene is its regular international conference, self-described as the “Olympics” of social conservatism.

The latest WCF convening was held in Tbilisi, Georgia, the first to be hosted in an Orthodox country, and brought together ultra-conservative religious figures and scholars from around the world to network and hash out new strategies. The WCF crowd riffed on “the family” to back up their arguments against gender equality and to demonize feminists and other social justice actors. References to the welfare of children and parental rights were interspersed throughout the four-day conference, providing the thinnest of veils for the reality of their oppressively narrow conceptualization of family.

The WCF is just one initiative enthusiastically taken up by diverse global anti-human rights milieu. There exists a large constellation of diverse initiatives that have found innovative ways to mobilize those who feel that the gains of feminism, and increased acceptance of “non-traditional” or non-heteronormative relationships and families, pose some threat to the fabric of society. Many have managed to tap into segments of the millennial generation and mobilize them as the next generation of advocates for extreme conservative causes.

The discursive tactics used by these actors can be very subtle. Some groups work to disguise the conservative religious doctrine that drives them, by strategically employing secularized discourses or pseudo-science, presenting themselves as research bodies or “think tanks”. Indeed, the output of many conservative actors is nothing short of expert double-speak, co-opting the language of human rights to attack rights themselves. Take a passage from the mission statement of UK-based Voice for Justice, which reads like that of a rights-based social justice organization: “Our call is to fight for the disadvantaged and marginalised, and to defend all who face exploitation and/or oppression from the imposition of an increasingly totalitarian worldview.”

Particularly disquieting is the growing number of groups and institutions that claim to represent an alternate vision of women’s rights or feminism. In this line of arguing, women’s rights are not criticized qua women’s rights. Instead, conservative actors present feminist activists as self-interested advocates of a Western, sexualized radical ideology, and themselves as advocates for “real” women around the world, protecting their “dignity” and links to family and the home. This clever discursive device was first promulgated by the Holy See, and today employed by the Organization of Islamic Cooperation (OIC) as well as many conservative Christian NGOs who also speak in this tenor. These tactics have also managed to gain legitimacy within human rights spaces, illustrated by, for example, UN bodies and actors referencing the OIC’s role in empowering women.

Beyond deconstructing the discursive tactics used by these groups, what is most important is that we, as feminists and other social justice advocates, understand these examples as part of a larger, extremely alarming, phenomenon. Religious fundamentalists are now operating with increased frequency, resources, and support in international human rights spaces. Furthermore, these actors are extremely well coordinated, building dynamic, issue-oriented affiliations between civil society actors, intergovernmental organizations, and states, and across regions and religions.

Indeed, the strategies employed by anti-human rights actors have already had a substantive effect on the international and regional human rights systems, especially in areas related to gender and sexuality. Here we outline four areas in which fundamental rights and freedoms have been threatened.

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The Commission on the Status of Women (CSW)

The CSW, held annually in March, has long been one of the most contested sites in the UN system for anti-human rights actors. In March 2015, conservative efforts set the tone before events or negotiations even began. Not only was the 20th anniversary of Beijing not taken up as an opportunity for a Fifth World Conference because of real concerns about potential erosion of decades old commitments; the outcome document of the Commission was a weak Declaration negotiated before any women’s rights activists even arrived on the ground. The final Declaration was watered down to the point of irrelevance. Glaring omissions included lack of reference to feminist organizations, gender-based violence, or sexual and reproductive health and rights (SRHR), and very few mentions even of states’ obligations to upholding human rights.

Subsequently, at the 60th CSW, the new Youth Caucus was infiltrated by large numbers of vocal anti-abortion and anti-SRHR actors. Progressive youth organizations reported being outnumbered and shouted down by anti-rights actors in attendance. And again, intensive negotiations were followed by a lacklustre text. One notable regression – met with celebration by Christian Rights NGOs – was that the final draft of the Agreed Conclusions included reference to “the family as a contributor to development, including in the achievement of the internationally agreed development goals for women and girls.” In the end, the text of the Agreed Conclusions bolstered a unitary, and implicitly patriarchal, hierarchical and heteronormative vision of the family and its place in development.

Precisely when addressing women’s human rights is of urgent importance, the CSW has been rendered a depoliticized space. Using it to advance rights has become harder and harder since much of our energy is taken up trying to hold the ground against conservative backlash.

The Human Rights Council (HRC)

As the intergovernmental body responsible for the promotion and protection of human rights around the globe, the HRC is a key entry point for conservative actors in their campaigns to erode and shape human rights protections. In recent years, this mechanism has been the scene for a number of damaging anti-human rights moves. In conversation with other anti-rights actors, one strategy of conservative states, and blocs of states, is to aggressively negotiate out positive language and to introduce hostile amendments to resolutions, a move most often seen with resolutions that focus on rights related to gender and sexuality.

To take one example, during the June 2016 session of the HRC, opposition was mounted towards a resolution on discrimination against women by the member states of the OIC and allies, on the basis of that they were “offensive” regarding culture and tradition. However, during contentious negotiations, multiple provisions were removed, including women’s and girls’ right to have control over their sexuality, sexual and reproductive health, and reproductive rights; the need to repeal laws which perpetuate the patriarchal oppression of women and girls in families, those criminalizing adultery or pardoning marital rape; and the importance of comprehensive sexuality education in addressing gender inequalities.

The HRC has also been the site of pernicious conservative initiatives to co-opt human rights norms and enact conservative ‘human rights’ language, such as that of the Russia-led “traditional values” resolutions, and more recently the “Protection of the Family” agenda. Three related resolutions have passed so far, from 2014 to 2016. This multi-country initiative aims to enshrine a patriarchal, heteronormative, and nuclear concept of “family” that does not reflect lived realities in human rights language, translating ultra-conservative support for the ‘natural’ or ‘traditional’ family and ‘family values’ to the international level. It also emphasizes the role of this unitary form of family over obligations to respect, protect and fulfill individual human rights, glossing over the realities of the rights violations that take place within families, in particular gender-based violence.

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Tom Page/ Flickr

Human Rights Committee

In 2015, moving their sights to another front, a number of religious right organizations began to target the Human Rights Committee, the treaty monitoring body for the International Covenant on Civil and Political Rights (ICCPR). The ICCPR is a pivotal human rights instrument, a binding multilateral treaty that along with the Universal Declaration of Human Rights forms part of the long-standing International Bill of Human Rights.

Anti-human rights groups mobilized in hopes of cementing their anti-abortion rhetoric into the treaty. When the Committee announced it was drafting a new authoritative interpretation of the right to life, over 30 conservative non-state actors sent in written submissions, advocating their inaccurate and misleading discourse on ‘right to life’, that life begins at conception and that abortion is a violation of the right, be incorporated in the Committee’s interpretation of article 6.

Conservative groups targeting the Human Rights Committee was a shift considering that historically anti-human rights actors have repeatedly attempted to undermine and invalidate the essential work of the treaty monitoring bodies, including the Human Rights Committee, characterizing their authoritative interpretations of binding human rights language as biased or “activist”. This move is one indication of the pro-active approach of anti-right actors in seeking out new spaces within the United Nations that can be used to further their subversion of fundamental human rights.

SDG negotiations and Agenda 2030

Anti-human rights actors were involved in lobbying towards the development of the new Sustainable Development Goals (SDGs) through fall 2015, focusing again on rights relating to gender and sexuality. These efforts gained less traction in influencing Agenda 2030 in UN spaces. For instance, their cornerstone ask of a stand-alone family goal – the key objective of a new 25-state bloc, led by Belarus, and calling itself the Group of Friends of the Family – did not come to fruition.

However, after successfully pushing back against strong human rights, SRHR, and sexual orientation and gender identity language in the final text, conservative actors then pivoted to another strategy. In an attempt to evade state accountability and undermine the universality of rights, several states have repeatedly made reservations to the Goals. Notable reservations came from Qatar, the African Group, Ecuador, Egypt, Sudan, Chad, and the Holy See.

On behalf of the African Group, Senegal claimed that African states would only “implement the goals in line with the cultural and religious values of its countries.” The Holy See also made a number of reservations, and also stated that it was “confident that the related pledge ‘no one will be left behind’ would serve as the perspective through which the entire Agenda would be read” in order to protect “the right to life of the person, from conception until natural death.” Saudi Arabia went one step further after reservations, declaring that the country would not follow any international rules relating to the Sustainable Development Goals that reference sexual orientation or gender identity, describing them as running “counter to Islamic law.”

Time to act

The power of conservative religious actors, both state and non-state, to erode the very basis of human rights, is not to be taken lightly. These are but a few examples; a range of our human rights related to gender and sexuality are under canny and coordinated attack. Conservative states and NGOs are working in new and more coordinated ways to undermine existing human rights systems.

In fact, the religious right, no longer content to tinker at the edges of agreements and block certain language, can be said to be working to transform the human rights framework conceptually and develop parallel tracks of influence, standards, and norm production. This reflects conservative groups’ higher level of engagement and long-term investment in the UN as an institution, including their investment in organizing strategies to anti-human rights agendas.

With governments the world over shifting to the right, and most recently the election of Donald Trump in the United States, more power and legitimacy has been given to anti-human rights actors at both national and international levels. Given this situation, feminists and other social justice advocates face the challenge of defending our existing human rights standards, and best preparing ourselves to stave off further attempts to erode them, while we continue to push for changes that offer better protections and accountability.

The first step in this struggle is to amass the necessary knowledge of the opposition – to understand the trends of their efforts so far, their strengths and weaknesses, and their trajectories for the future. We can then come together in renewed efforts to work across issues and spaces to reclaim and reaffirm our human rights.

 

This article is in part adapted from the forthcoming 2015-2016 trends report from the Observatory on the Universality of Rights (OURs).


1 C-Fam (Center for Family and Human Rights) email August 5, 2016, paraphrased

2 C-Fam Friday Fax email newsletters, Vol. 19, No. 29 (July 13, 2016) and Vol. 19, No. 34 (August 18, 2016) respectively

WCF newsletter

Aruba Parliament approves civil unions for same-sex couples

ORANJESTAD, Aruba (AP) ” Lawmakers in Aruba have voted to grant same-sex couples the right to register their unions and receive benefits granted to married people on the Dutch Caribbean island.

Parliament voted 11-5 with four abstentions late Thursday to amend civil code regulations related to marriage to cover same-sex unions. Those articles include such things as the right to a spouse’s pension in case of death or to make emergency medical decisions.

Aruba is one of the constituent countries that make up the Kingdom of the Netherlands. Same-sex couples previously could marry in the Netherlands and return to have their marriage certificate recognized under a law obligating recognition of official documents throughout the kingdom.

…Aruba has been under pressure in recent years from LGBT rights advocates to allow same-sex marriage but religious groups have opposed the effort. The opposition also fought civil unions as the bill came to a vote.

Read the full article at the New Zealand Herald.

Marriage equality: Christian lobby backs legal help for businesses refusing gay couples

An organisation founded by the Australian Christian Lobby plans to bankroll legal cases for business owners who refuse to provide services to gay couples should marriage equality be legalised.

The Human Rights Law Alliance, set up in Canberra last month with seed funding from the ACL, is seeking private contributions for a “fighting fund” to run cases that may arise if changes to the Marriage Act are passed.

The managing director of HRLA, Martyn Iles, said the alliance would “only support cases where people have a conscientious objection to participating in a same-sex wedding”.

Read the whole article from The Guardian