LGBTI Equality Manifesto 2021-2026 - Developed by: Stonewall
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Developed by: LGBTI Endorsed by: Equality Manifesto 2021-2026 Scottish Parliament
LGBTI
A note on I/VSC equality Foreword
Throughout this manifesto, we refer to There has been significant progress on
‘LGBT’ in some contexts, and ‘LGBTI’ in LGBT equality in the first two decades
Equality
others. We refer to ‘LGBTI’ when there is of the Scottish Parliament, from the
existing research highlighting inequalities repeal of Section 28 to the introduction
and human rights concerns for people of equal marriage. In the five years since
with a variation in sex characteristics the 2016 election, positive steps have
or who are intersex (I/VSC), or where been taken to build upon this progress,
Manifesto
tangible work is underway, or is needed, including world-leading work towards
to further I/VSC equality. We recognise LGBT-inclusive education in Scotland’s
that not all individuals with I/VSCs would schools, the pardon for historical
consider themselves as a part of the ‘homosexual offences’, and equal civil
LGBTI acronym. partnerships.
There has been limited progress so far But the last five years have also been
2021-2026 in Scotland in tackling the inequalities
and barriers that people with I/VSCs
challenging for many LGBTI people – in
Scotland and around the world. Hate
Scottish experience. It is important that the
Scottish Government and Scottish
crimes based on sexual orientation and
transgender identity are on the rise,
Parliament Parliament engage with people with I/
VSCs to review the inequalities they
waiting times for gender identity services
have continued to increase alarmingly,
experience, identify their needs and LGBT mental health inequalities
priorities for national law and policy, and, continue, toxic debates about LGBT
Our approach to developing this manifesto in light of this, take action to further I/ identities are ongoing, and many trans
This manifesto has been co-developed by national LGBTI organisations Stonewall VSC equality. people still do not have access to
Scotland, Equality Network, Scottish Trans Alliance, and LGBT Youth Scotland. It sets full legal recognition of their gender.
out our joint priorities for delivering equality for lesbian, gay, bi and trans people, and Scotland is falling down the ILGA Europe
people with a variation in sex characteristics or who are intersex (I/VSC) in the 2021- Rainbow Index and must take action
2026 parliamentary term. It is further endorsed by our partners at LGBT Health and to continue to uphold its international
Wellbeing, LEAP Sports Scotland, Time for Inclusive Education, and iCON UK. reputation as a leading voice on LGBT
equality.
Our organisations work to achieve equality for LGBTI people. There are important
differences in the experiences, needs and marginalisations of these groups of people. The world has also changed considerably
Experiences of discrimination and marginalisation due to sexual orientation, trans status since the last election. The COVID-19
or variations in sex characteristics can vary widely, and thus require different and multi- pandemic and the public health
faceted solutions. Some of our calls in this manifesto are specific to particular groups measures taken in response to it have
– such as bisexual people, or non-binary people. Some of our calls will be specific to affected everyone, but have exacerbated
LGBTI people who are marginalised in multiple ways – such as LGBTI refugees, or older existing inequalities faced by
LGBTI people. marginalised communities. These include
LGBTI people, particularly LGBTI people
We have grouped our calls for commitments from the Scottish Government, MSPs and of colour, disabled people, younger and
their parties into the following sections: older people, and those living rurally.
• Ensure Gender Identity Services are fit for purpose p4 In this LGBTI equality manifesto, we
• Protect and progress LGBTI rights p6 set out the concrete steps that the
next Scottish Government and Scottish
• Support LGBT mental health p8 Parliament can take, over the next five
years, to improve the lives of LGBTI
• Ensure fair treatment in Health and Social care for LGBTI people p10
people living in Scotland. This includes
• Implement LGBT-inclusive education p12 improving public services, delivering
legal equality, tackling discrimination,
• Improve community safety and inclusion p14 promoting wellbeing, and building a more
• Support LGBTI rights abroad p16 equal Scotland.
LGBTI EQUALITY MANIFESTO // 2021-2026 SCOTTISH PARLIAMENT PAGE 2 LGBTI EQUALITY MANIFESTO // 2021-2026 SCOTTISH PARLIAMENT PAGE 3
1. Ensure Gender Identity Services
are fit for purpose
We’re calling on MSPs and their parties to We’re calling
support and commit to: on the Scottish
Ensuring NHS gender identity services are fit for purpose – now, and in the future.
Government to:
Take action to substantially reduce the waiting times for first appointments as a
matter of urgency, by providing centralised crisis funding and piloting new ways of Take action to substantially reduce Revise the NHS Scotland Gender
delivering these services to realise their long-term sustainability. the lengthy waiting times for first Reassignment Protocol to reflect
appointments at NHS gender identity the need for new models of service
The number of people on waiting lists There are systemic issues with NHS services as a matter of urgency. delivery which take a person-centred,
multi-disciplinary approach, and
for first appointments at a Gender gender identity services in Scotland
to allow for greater flexibility in
Identity Clinic has continually risen over which urgently need to be redressed Introduce the national waiting treatment pathways.
recent years, and demand for services at a national level, through Scottish time standards for accessing first
is outstripping the capacity of under- Government intervention. The current appointments at NHS gender identity
resourced clinics. Unlike other NHS structure of gender identity services services, and ensure they are adhered Undertake work to ensure services
Scotland services, the 18-week Referral does not provide sufficient capacity to. have sufficient funding and staffing
to Treatment standard does not apply or efficiency to provide an adequate capacity to meet levels of demand
to gender identity care. Currently, many service. Outdated service delivery, going forward.
people have been waiting more than which is overly reliant on Consultant Provide centralised crisis intervention
two years to be seen for their first Psychiatrists and Psychologists, funding to pilot new models of service
appointment. With waiting lists growing contributes to recruitment problems delivery outside of the existing Gender
and services unable to meet demand, for unfilled staff posts. Internationally, Identity Clinics, which take a person-
people joining the waiting list now can modernised models of gender identity centred, multi-disciplinary approach.
expect to wait even longer. It is feared service provision utilise multidisciplinary
that the impacts of COVID-19 on the teams primarily staffed by specialist
health service will further exacerbate nurse practitioners, sexual health
the already grave problem of access doctors, GPs with special interest
to gender identity services, with some in gender identity, and counsellors,
clinics now forecasting 35-40 month supported by local endocrinology and
waits1. mental health services. This recognises
that the majority of trans people do not
Clinicians recognise that longer waiting have any complex physical or mental
times have a detrimental effect on the health problems.
physical and mental health of their
patients, with many identifying the It is crucial to understand that simply
period of waiting for a first appointment increasing funding for existing gender
as a time when trans people are identity services, though important,
more likely to experience high levels will not be sufficient in and of itself
of distress, self-harm, and suicidal to provide long-term solutions to the
ideation2. waiting list crisis or the harm it causes.
It is vital that new models of service
delivery that take a person-centred,
1 All figures from National Gender multi-disciplinary approach are piloted
Identity Clinical Network Scotland in Scotland.
(NGICNS) Waiting List and Workload
Quarterly Reports
2 https://www.scotphn.net/wp-
content/uploads/2017/04/2018_05_16-
HCNA-of-Gender-Identity-Services-1.pdf
LGBTI EQUALITY MANIFESTO // 2021-2026 SCOTTISH PARLIAMENT PAGE 4 LGBTI EQUALITY MANIFESTO // 2021-2026 SCOTTISH PARLIAMENT PAGE 5
2. Protect and progress LGBTI rights
We’re calling on MSPs and their parties to We’re calling
support and commit to: on the Scottish
Government to:
Protecting and progressing LGBTI rights, including through enshrining LGBTI human
rights in Scots law; taking measures to end ‘conversion therapy’; improving trans
equality, including through reforming the Gender Recognition Act; and taking action Improve laws on gender recognition in Commit to improving non-binary
to further I/VSC equality. line with international best practice, to inclusion in public life and access
allow trans people to change the sex to public services. Work with the UK
on their birth certificate with a simple Government to introduce ‘X’ gender
There has been significant progress on Independent Expert4 calling for a global administrative process based on the markers in official documents to
LGBT equality in the first two decades of ban, steps must be taken in the 2021-26 principle of statutory declaration, and enable non-binary people to be legally
the Scottish Parliament, from the repeal parliamentary term to end this practice without intrusive medical diagnosis recognised.
of Section 28 to the introduction of once and for all in Scotland. requirements. This process should
equal marriage. But there is more to be be available from the age of 16 (and
under 16 for those with parental/carer Work with the UK Government to
done, and it is crucial that this progress
consent) and include the recognition update reserved surrogacy law to
does not stall. In a global environment
of non-binary people. accurately reflect societal change and
where some LGBTI people have seen
meet the needs of surrogates and
their rights removed or rolled back, our prospective parents, including LGBT
hard-won rights and protections must be people.
maintained. End the harmful practice of sexual
orientation and gender identity
In recent years, Scotland’s trans ‘conversion therapy’, including through
introducing a comprehensive legal Encourage public authorities to
communities have experienced their lives
ban, working with the UK Government use 2022 Census data on sexual
and rights being debated in the public
where necessary. orientation and trans status to inform
domain without witnessing any material
their service planning and delivery for
improvements in law or policy on trans
LGBT people and equality outcomes
equality. It is vital that the unfinished under the Public Sector Equality Duty.
business of reforming the Gender Introduce an Act of the Scottish
Recognition Act is taken forward in the Parliament to incorporate international
human rights into Scots law, and
next parliament, and other steps are Ensure no retrograde steps are taken
ensure this explicitly includes rights
taken to improve the lived experience on LGBT equality at Holyrood, by the
for LGBTI communities.
of trans people, including non-binary Scottish Government, or by Scottish
people. public bodies.
The practice of ‘conversion therapy’, Engage with people with I/VSCs
which seven per cent of LGBT people to review the inequalities they
experience, identify their needs and Oppose any attempts to roll back
(rising to13 per cent of trans people) in LGBT rights at Westminster, either
priorities for national law and policy,
the UK have undergone or been offered3, through changes to the Equality Act,
and, in light of this, take action to
is still legal in Scotland. With the UN or as a result of Brexit.
further I/VSC equality.
3 UK Government Equalities Office 4 https://www.ohchr.org/EN/
National LGBT Survey Research Report Issues/SexualOrientationGender/Pages/
(July 2018) ReportOnConversiontherapy.aspx
LGBTI EQUALITY MANIFESTO // 2021-2026 SCOTTISH PARLIAMENT PAGE 6 LGBTI EQUALITY MANIFESTO // 2021-2026 SCOTTISH PARLIAMENT PAGE 7
3. Support LGBT Mental Health
We’re calling on MSPs and their parties to We’re calling
support and commit to: on the Scottish
Tackling LGBT mental health inequalities by taking forward targeted work on
Government to:
mental health improvement and prevention, and ensuring mental health services are
equipped to support LGBT people. Ensure that LGBT people's needs Fund mandatory training for mental
are embedded throughout the health professionals, including
implementation of the Mental frontline Child and Adolescent Mental
There is substantial evidence5 that LGBT The needs of LGBT people, as an at- Health Strategy (2017-2027), the Health Services (CAMHS) staff, on
people are an at-risk group for poor risk group for experiencing poor mental development of any revised strategy, supporting LGBT people, and ensure
mental health, and that they experience health, must also be incorporated into and the implementation of the Suicide that mental health and suicide
depression, anxiety, self-harm, and wider work on improving mental health Prevention Action Plan (2018). prevention training delivered to NHS
suicidal ideation at a significantly higher and wellbeing, alongside targeted staff is LGBT inclusive.
level than the general population. This is prevention and intervention approaches.
commonly recognised as being linked to In line with the actions of the Mental
experiences of prejudice and ‘minority Health Transition and Recovery Plan Ensure LGBT and mental health
(2020), act on and address the causes inclusion in national strategies,
stress’6. These mental health inequalities
of LGBT mental health inequalities at a policies and action plans related
are felt more acutely by different parts
structural and individual level. to wider mental health risk factors
of the LGBT community: for example,
such as bullying, hate crime, lack of
trans people and bi people face
employment, equalities, and social
particularly high rates of poor mental
Include targeted work concerning isolation.
health7.
LGBT populations within Scottish
LGBT people can often be deterred from Government funded mental health
improvement and suicide prevention Support public bodies and mental
accessing services, including mental
programmes. This must adequately health services to routinely monitor
health services, if they do not think it
reflect the differing risks and needs of the sexual orientation and trans status
will be safe to ‘come out’ or that their
particular groups, such as bi and trans of service users, in order to identify
identity will be respected. It is crucial
communities. inequalities in access, experience and
that mental health professionals and
outcomes.
other frontline health and social care
staff understand LGBT identities and
the associated risk factors for poor
mental health so that LGBT people can
confidently access the services they
need.
5 https://www.lgbthealth.org.uk/
wp-content/uploads/2018/08/LGBTI-
Populations-and-Mental-Health-
Inequality-May-2018.pdf
6 ‘Minority stress’ recognises that
LGBT people’s experiences of stigma,
prejudice, and discrimination create a
hostile and stressful social environment
that causes mental health problems and
poor mental health is not an intrinsic
part of being LGBT.
7 https://www.stonewallscotland.org.
uk/sites/default/files/lgbt_in_scotland_-_
health_report.pdf
LGBTI EQUALITY MANIFESTO // 2021-2026 SCOTTISH PARLIAMENT PAGE 8 LGBTI EQUALITY MANIFESTO // 2021-2026 SCOTTISH PARLIAMENT PAGE 94. Ensure fair treatment in Health
and Social Care for LGBTI people
We’re calling on MSPs and their parties to We’re calling
support and commit to: on the Scottish
Government to:
Ensuring that LGBTI people experience fair treatment when accessing all health and
social care services, including equal access to reproductive and fertility services,
with staff trained to effectively support LGBTI patients and service users. Ensure that all health and social Undertake a review to ensure that
care professionals are able to meet LGBTI people have fair and equal
Now more than ever, it is important that people feel safe and comfortable when the needs of their LGBTI service access to NHS reproductive and
accessing health and social care services. However, many LGBT people have experiences users by incorporating training fertility services, and that these
or expectations of facing discrimination in these settings due to their sexual orientation on LGBTI identities for staff at all services recognise, and address,
or trans status. levels and across all services, that the different barriers and health
addresses barriers faced due to sexual inequalities faced by lesbian and bi
In fact, almost two in five trans people (37 per cent) have avoided healthcare treatment orientation, trans status and having an women, trans people, and gay and bi
for fear of discrimination8. Many older LGBT people fear that, if they need to enter a I/VSC. men.
residential care setting or receive care in their own homes, carers may not acknowledge
and support their LGBT identity. Reproductive and fertility services are another area
where LGBT people report poorer experiences, and can encounter inequalities in access Ensure that LGBTI people, including Engage with people with I/VSCs to
to funded NHS treatment. older LGBTI people, are able to access identify understand their needs and
welcoming and inclusive social care priorities, and, in light of this, take
services, by providing targeted training action to further I/VSC equality and
for staff working across residential inclusion across health and social
and at-home care services. care.
8 https://www.stonewallscotland.org.uk/sites/default/files/lgbt_in_scotland_-_
health_report.pdf
LGBTI EQUALITY MANIFESTO // 2021-2026 SCOTTISH PARLIAMENT PAGE 10 LGBTI EQUALITY MANIFESTO // 2021-2026 SCOTTISH PARLIAMENT PAGE 115. Implement LGBT-inclusive education
We’re calling on MSPs and their parties to We’re calling
support and commit to: on the Scottish
The continued implementation of LGBT-inclusive education, ensuring all of the
Government to:
recommendations from the Report to the Scottish Ministers (2018) are fully realised,
and that the progress made so far in the implementation pathway is further built Continue to fully implement and Provide necessary funding for long-
upon in the 2021-26 parliamentary term. resource the recommendations of the term commitment, and sustainability
LGBT Inclusive Education Working of, LGBT-inclusive education.
LGBT young people are now more likely to However, it is important that this crucial Group as a key priority. Opportunities
experience inclusive school environments work to implement the recommendations for where further progress could
and to be taught about LGBT issues – but continues, and is completed, after the At the next review of the Education
be made, beyond the scope of
this is not yet a consistent picture across Scottish Parliament election in 2021. Scotland school evaluation framework,
the recommendations, should be
all schools in Scotland, and many LGBT Importantly, all recommendations must be ‘How Good Is Our School’, incorporate
identified where necessary through
young people still face discrimination and fully implemented, with impact robustly and include LGBT indicators and
robust evaluation.
prejudice. Research conducted in the last evaluated. This includes aspects of the themes to ensure that LGBT inclusion
five years has shown that nine in ten LGBT implementation pathway due to be is fully embedded into school
young people (92 per cent) experience completed after the current parliamentary In line with the recommendations, inspections.
homophobic, biphobic or transphobic term, including publishing the new LGBT pursue further measures, including
bullying in education, including nearly all inclusive Statutory Guidance on the legislative options, if there is
Publish the updated Scottish
trans young people (96 per cent)9, while Conduct of Relationships, Sexual Health insufficient progress in local delivery
Government guidance on ‘Supporting
two in five LGBT young people (41 per and Parenthood (RSHP) education; and of LGBT-inclusive education.
Trans Young People’ for schools as a
cent) are never taught anything about that specific LGBT Experiences and matter of urgency.
LGBT issues10. Outcomes are developed at the next
Fund and resource LGBT-inclusive
In 2018, following the campaigning efforts review of Curriculum for Excellence. We
inputs for Initial Teacher Education
of Time for Inclusive Education (TIE) and know that schools are a place where Engage with people with I/VSCs to
and Career-Long Professional Learning
others, the Scottish Government agreed to too many trans young people do not feel further consider and identify how to
to ensure that the implementation of
implement a series of recommendations safe, secure, or valued for who they are. incorporate issues around variations
inclusive education is effective and is
We also know that teachers and schools in sex characteristics into work on
from the LGBTI Inclusive Education sustained beyond 2021.
can feel unsure of how to best provide a inclusive education.
Working Group11 in full, with Scotland set
to become the first country in the world to welcoming learning environment for their
have LGBT inclusive education embedded trans pupils. This is why we welcomed
throughout the curriculum. This received the Scottish Government announcement
the support of all parties. that it would update existing guidance on
supporting trans young people in school.
Significant progress has been made on However, its publication has subsequently
LGBT inclusion in schools over the 2016- been delayed due to COVID-19. It is
21 parliamentary term, including work on therefore essential that the next Scottish
taking forward the recommendations. Government publishes the ‘Supporting
Trans Young People’ guidance for schools
9 Lough Dennell, B.L., Anderson, as a matter of urgency.
G. and McDonnell, D. (2018) Life in
Scotland for LGBT Young People. LGBT Furthermore, it is vital that the widespread
Youth Scotland. Available online: www. commitment to LGBTI-inclusive
lgbtyouth.org.uk/media/1354/life-in- education does not waver in the 2021-
scotland-for-lgbt-young-people.pdf 26 parliamentary term, and that this
10 https://www.stonewallscotland. momentum is harnessed to consider
org.uk/system/files/school_report_ where further progress could be made on
scotland_2017.pdf LGBTI inclusive education.
11 https://www.gov.scot/publications/
lgbti-inclusive-education-working-
group-report/
LGBTI EQUALITY MANIFESTO // 2021-2026 SCOTTISH PARLIAMENT PAGE 12 LGBTI EQUALITY MANIFESTO // 2021-2026 SCOTTISH PARLIAMENT PAGE 136. Improve Community Safety and
Inclusion for LGBTI People
We’re calling on MSPs and their parties to We’re calling
support and commit to: on the Scottish
Government to:
Improving community safety and inclusion for LGBTI people by funding LGBTI
services and community groups, and ensuring that work on tackling issues such as
hate crime, homelessness, and social isolation includes LGBTI-focused measures. Take forward a programme of work to Ensure that LGBTI support services and
raise awareness and encourage the community groups across Scotland,
For many LGBTI people, concerns Many of these problems are hard for reporting of anti-LGBTI hate crimes, including in rural and island areas, have
about discrimination, harassment, and the Scottish Government to address, and to build LGBTI people’s trust and the funding and resources they need
safety within their communities are as matters relating to immigration are confidence in Police Scotland and other to effectively support LGBTI people,
part of their day-to-day lives. Some reserved to Westminster. This needs criminal justice agencies. and improve inclusion and challenge
LGBTI people, particularly younger to change so that LGBTI refugees and prejudice in their local communities.
LGBTI people living with unsupportive people in the asylum system are treated
family members, or those experiencing with dignity and respect. Ensure frontline police officers and
staff receive training on LGBTI issues to Work with Sport Scotland and other
domestic abuse, do not feel safe in their
LGBT populations experience relatively enable them to support LGBTI people, governing bodies to end LGBTI
own homes.
high levels of homelessness, domestic and understand and accurately record discrimination in sport, supported by
Many LGBTI people have experienced abuse, and social isolation. Research cases of anti-LGBTI hate crime. strategic investment to ensure that
hate crime based on their sexual has found that one in three LGBT people LGBTI people can fully participate in
orientation, trans status, or variation in (33 per cent) feel isolated where they grassroots and community sport.
sex characteristics. Hate crimes against live because they are LGBT, including Ensure that gender-based violence
trans people recorded by Police Scotland almost half of those living in rural services are adequately funded so that
have doubled since 201512, while in 2019- Scotland14. It is likely this will have they have the resources necessary Ensure there is LGBT inclusion in
to support LGBTI survivors, and can national strategies, policies and action
20, charges reported to the Procurator been further compounded by COVID-19.
address the differing needs and plans related to tackling homelessness,
Fiscal of hate crime on the grounds of LGBTI-specific and inclusive services are
experiences of gay and bi men, lesbian recognising LGBT young people in
sexual orientation rose by a quarter13. essential to ensuring that LGBTI people
and bi women, and trans people. particular as an at-risk group.
undergoing hardship are supported.
LGBTI refugees and people in the asylum Local LGBTI community infrastructure,
system can face extreme difficulties in including support services and social
accessing public services due to the No Review the impact of the No Recourse Ensure the needs of LGBTI people,
groups, Prides, and inclusive sports to Public Funds regime in Scotland, and including LGBTI older people and those
Recourse to Public Funds policy. They clubs, are vital in building strong local campaign for the UK Government to end living in rural communities, are included
can also face homophobic, biphobic or communities that celebrate diversity and this policy. Take all steps possible in the in national strategies, policies and action
transphobic discrimination on arrival in inclusion and promote positive wellbeing meantime to support LGBTI refugees plans related to tackling social isolation
Scotland, in either immigration detention for LGBTI people. settling in Scotland, including helping and digital poverty in light of the
or accommodation, including when
them to understand their rights and COVID-19 pandemic.
they have fled their country of origin
protections from discrimination, and to
as a result of such persecution and access support and relevant services.
discrimination. Show public leadership on equality for
LGBTI people, including through effective
Seek devolution of the asylum support media campaigns, and researching public
12 A Study into the Characteristics of and accommodation system, in part to attitudes on discrimination to measure
Police Recorded Hate Crime in Scotland. ensure that LGBTI refugees and people progress.
Justice Analytical Services, Scottish in the asylum system who may have fled
Government (February 2021) their country of origin due to homophobic,
13 https://www.copfs.gov.uk/images/ biphobic or transphobic persecution do
Documents/Statistics/Hate%20Crime%20 14 https://www.equality-network.
not continue to face such persecution or
in%20Scotland%202019-20/Hate%20 org/wp-content/uploads/2015/07/The-
Crime%20in%20Scotland%202019-20.pdf Scottish-LGBT-Equality-Report.pdf discrimination on arrival in Scotland.
LGBTI EQUALITY MANIFESTO // 2021-2026 SCOTTISH PARLIAMENT PAGE 14 LGBTI EQUALITY MANIFESTO // 2021-2026 SCOTTISH PARLIAMENT PAGE 157. Support LGBTI Rights Abroad
We’re calling on MSPs and their parties to
support and commit to:
Showing leadership in advancing LGBTI equality and the protection of LGBTI rights
abroad, including through delivering LGBTI-inclusive and LGBTI-specific international
development work.
The Scottish Government must show leadership in advancing LGBTI equality and
the protection of LGBTI rights abroad, including through its work on international
development. In many countries across the world, LGBTI people face criminalisation,
ostracism, and harassment that can prevent them from accessing vital services,
including through international development programmes. Where development
programmes are not targeted at redressing these inequalities, LGBTI people can be
left behind.
We’re calling
on the Scottish
Government to:
Work with partner countries to advance Ensure all international development
LGBTI equality and protect LGBTI rights and small grants programmes reach
abroad. LGBTI people in partner countries, and
ensure that LGBTI people are supported
as part of wider health, anti-poverty, and
Where appropriate, raise concerns about
education programmes. Fund LGBTI-
LGBTI equality with governments and
specific international development
international bodies around the world,
programmes, where possible.
in consultation with LGBTI human rights
defenders in those countries.
Published March 2021
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