How to protect LGBT people during armed conflict?

In recent years, the armed conflict has received greater media attention worldwide and has been reported in major international newspapers. However, there have been few reports of the effects of the chaotic environment and the breaking of law and order caused by these conflicts on LGBT people. In peacetime, the LGBT community suffers prejudice and aggression, but in these circumstances, the violence caused by the clashes makes it even more vulnerable. Written by Alon Margalit, the article “Still a blind spot: The protection of LGBT persons during armed conflict and other situations of violence” sheds some light on this issue. The study was published on May 3, 2019, by Cambridge University Press.

According to Margalit, the most common practices against LGBTs during armed conflict are persecution of the perpetrators, sexual violence, physical aggression, harassment, and execution. These practices have been observed in various places such as Syria, Iraq, and areas controlled by groups such as Daesh and Jabhat Fateh al-Sham. Suggesting that violence against LGBT people in the context of violent extremism be employed as a tactic of terror and control, a United Nations (UN) report was recently submitted to the UN Security Council raising the discussion on the topic.

As the study points out, detention is the primary place of vulnerability for LGBT people. Sexual violence is one of the most common acts in detention centers, including rape, sexual slavery, forced anal and vaginal examinations, and forced nudity. Besides, harassment and humiliation still occur. Abuses are committed by staff (guards, doctors, etc.) and fellow detainees. "Under international humanitarian law, all detainees, including LGBTs, are entitled to humane treatment and protection against torture and humiliating or degrading treatment, including sexual violence and unnecessary medical procedures that are not justified by the detainee's medical condition," informs the article.

Another problem, indicated by the author, is related to the report of abuse and abuse suffered during the detention. These detainees have the right to present their conditions before the detaining authorities. However, the fear of being stigmatized, intimidated or abused by employees or other detainees impedes formalizing the complaint and even disclosing their sexual orientation or gender identity, expressing their needs while in detention.

From this perspective, the mistreatment and abuse suffered even with the endorsement of government authorities. This is because, despite reports of violence and discrimination against LGBT people, many states do not implement their legal obligations in terms of prevention, resulting in widespread impunity and lack of protection. “States not only fail to recognize that LGBT people are vulnerable and deserve protection, but they also delegitimize them for criminalization, incitement, violence, discrimination, and impunity - paving the way for recurring abuse,” the article reveals.

The key measure to protect LGBT people from vulnerability is to train and instruct detention center staff. Empowerment makes agents more aware of LGBT detainees' needs and anguish, helping to improve interaction within centers by avoiding abuse. Training should be conducted during peacetime, anticipating the possibility of dealing with LGBT detainees.

Moreover, those involved in conflicts must respect and ensure the application of international humanitarian law, which prohibits the distinction between persons. Ensuring greater protection against serious violations, often committed against LGBT people. “Efforts to better protect LGBT people involve a delicate and arduous process, as negative feelings against the LGBT community are deeply rooted in national beliefs, practices, and laws,” says Margalit.

For more information, access: https://www.cambridge.org/core/journals/international-review-of-the-red-cross/article/still-a-blind-spot-the-protection-of-lgbt-persons-during-armed-conflict-and-other-situations-of-violence/0C9FC5D1F2AFBED6186AC2D1AA8829E1#

MARGALIT, Alon. Still a blind spot: The protection of LGBT persons during armed conflict and other situations of violence. Cambridge University Press, May 3, 2019.