Section 1 Short title
This Act may be cited as the “International Human Rights Defense Act of 2023”.
International Human Rights Defense Act of 2023
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 LGBTQI+ Peoples, and for other purposes.
Sec. 2 Findings
Congress makes the following findings:
Around the world, LGBTQI+ people face violence, stigma, and discrimination based on their sexual orientation, gender identity, or sex characteristics.
Sixty-seven countries have national laws that criminalize same-sex relations and at least 42 United Nations member states have legal barriers for freedom of expression on issues related to sexual and gender diversity. That is equal to roughly 35 percent of United Nations member states.
Eleven countries have jurisdictions in which the death penalty can be imposed for private, consensual same-sex sexual activity.
Despite recent progress made toward decriminalization, marriage equality, and legal gender recognition, several countries have introduced anti-LGBTQI+ pieces of legislation that would further criminalize or stigmatize LGBTQI+ peoples. This includes a draconian law under review in Ghana that would outlaw LGBTQI+ relationships or identities, as well as actions by community allies, and bills that ban so-called LGBTQI+ “propaganda”, such as those in Russia and Hungary.
In anti-LGBTQI+ prosecutions, law enforcement officials, working in tandem with medical personnel, use the forensically discredited practice of forced anal exams to try to prove same-sex sexual activity or otherwise to torture or intimidate detainees. The United Nations Special Rapporteur on Torture has described forced anal examinations as a form of torture or cruel, inhuman, and degrading treatment and the United Nations Office of the High Commissioner for Human Rights issued a report in 2015 calling for governments to ban the practice. Human Rights Watch has documented several cases in which forced anal examinations have been used to sentence individuals for same-sex sexual conduct, including in Uzbekistan and Egypt.
The closing of civil society space, particularly with the increased passage or enforcement of laws that prevent the registration or operations of nongovernmental organizations, discriminates against LGBTQI+ human rights defenders and is a violation of freedom of association. This includes the wrongful closure of Sexual Minorities Uganda (SMUG), a leading nongovernmental organization committed to protecting and advancing the human rights of LGBTQI+ individuals in Uganda.
Extreme violence and insecurity in El Salvador, Nicaragua, Guatemala, and Honduras has driven LGBTQI+ people to flee their countries of origin to the United States for protection. At the United States border with Mexico, LGBTQI+ asylum seekers face additional violence and many have been returned to face persecution in their home countries or in third countries that are not safe.
Studies have shown that structural risks, including country-level policies, prosecutions, and legal barriers, might contribute to higher HIV prevalence among LGBTQI+ people, especially gay, bisexual, and other men who have sex with men. Decriminalization, decreasing enforcement, and stigma reduction are necessary to effective control of HIV.
The Trans Murder Monitoring Project, which monitors homicides of transgender individuals, documented at least 327 trans and gender-diverse people killed between October 1, 2021, and September 30, 2022. Of these cases, 68 percent of all of the murders occurred in Latin America and the Caribbean, with 29 percent of the total occurring in Brazil.
Intersex people experience prejudice and discrimination, including the common performance of medically unnecessary surgeries without their consent or approval, because their bodies do not conform to other people’s expectations about sex and gender.
Violence and discrimination based on sexual orientation and gender identity are documented in the Department of State’s annual Country Reports on Human Rights Practices. The report covering 2021 continues to show a clear pattern of human rights violations or abuses in every region of the world based on sexual orientation, gender identity, or sex characteristics. These violations or abuses include murder, rape, torture, death threats, extortion, and imprisonment, as well as loss of employment, housing, access to health care, and other forms of societal stigma and discrimination. The reports further document LGBTQI+-specific restrictions on basic freedoms of assembly, press, and speech in every region of the world.
On December 6, 2011, President Barack Obama released the “Presidential Memorandum—International Initiatives to Advance the Human Rights of Lesbian, Gay, Bisexual, and Transgender Persons”. The memorandum directed all Federal agencies engaged abroad to ensure that United States diplomacy and foreign assistance promote and protect the human rights of LGBT persons.
On February 4, 2021, President Joe Biden issued a similar memorandum, the “Memorandum on Advancing the Human Rights of Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Persons Around the World”, to promote and protect the human rights of LGBTQI+ persons and establish that it is the “policy of the United States to pursue an end to violence and discrimination on the basis of sexual orientation, gender identity or expression, or sex characteristics, and to lead by the power of our example in the cause of advancing the human rights of LGBTQI+ persons around the world”.
On February 23, 2015, Secretary of State John Kerry appointed senior diplomat Randy Berry as the Department of State’s first-ever Special Envoy for the Human Rights of LGBTI Persons. No person was named to that position during the Trump Administration.
On June 25, 2021, President Joe Biden announced the appointment of Jessica Stern to serve as the United States Special Envoy to Advance the Human Rights of LGBTQI+ Persons. She joined the Department of State on September 27, 2021.
On June 30, 2016, the United Nations Human Rights Council passed a resolution cosponsored by the United States that established an Independent Expert on violence and discrimination based on sexual orientation and gender identity to help monitor and track discrimination and violence experienced by LGBTQI+ persons around the world.
In May 2020, the United Nations Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity released a report on so-called “conversion therapy”, which is an umbrella term used to describe interventions based on a belief that a person's sexual orientation or gender identity can and should be changed. The report concluded that such practices represent significant violations of rights to personal autonomy, health, and free expression and are “by their very nature degrading, inhuman and cruel and create a significant risk of torture”. The Independent Expert noted “the psychological pain and suffering inflicted by practices of “conversion therapy” are deep and long-lasting and often exacerbate the risk of suicide,” and called for a global ban on conversion therapy.
On June 15, 2022, President Joe Biden signed an Executive Order in part directing the Secretary of State, in collaboration with the Secretary of the Treasury, the Secretary of Health and Human Services, and the Administrator of the United States Agency for International Development, to develop an action plan to promote an end to so-called “conversion therapy” around the world and ensure that United States foreign assistance dollars do not fund the practice.
Sec. 3 Statement of policy
It is the policy of the United States—
to take effective action to prevent and respond to discrimination and violence against all people on any basis internationally, including sexual orientation, gender identity, and sex characteristics, and that human rights policy includes attention to criminalization, violence, and other discrimination against LGBTQI+ people;
to systematically integrate and coordinate into United States foreign policy efforts to prevent and respond to criminalization, discrimination, and violence against LGBTQI+ people internationally;
to support and build local capacity in countries around the world, including of governments at all levels and nongovernmental organizations, to prevent and respond to criminalization, discrimination, and violence against LGBTQI+ people internationally;
to consult, cooperate, coordinate, and collaborate with a wide variety of nongovernmental partners, including faith-based organizations and LGBTQI+-led organizations, with demonstrated experience in preventing and responding to criminalization, discrimination, and violence against LGBTQI+ people internationally;
to employ a multisectoral approach to preventing and responding to criminalization, discrimination, and violence against LGBTQI+ people internationally, including activities in the economic, education, health, nutrition, legal, and judicial sectors;
to work at all levels, from the individual to the family, community, local, national, and international levels, to prevent and respond to criminalization, discrimination, and violence against LGBTQI+ people internationally;
to enhance training by United States personnel of professional foreign military and police forces and judicial officials to include appropriate and thorough LGBTQI+-specific instruction on preventing and responding to criminalization, discrimination, and violence based on sexual orientation and gender identity;
to engage non-LGBTQI+ people as allies and partners, as an essential element of making sustained reductions in criminalization, discrimination, and violence against LGBTQI+ people internationally;
to require that all Federal contractors and grant recipients awarded a contract or receiving a grant, as the case may be, under an international program of the United States Government establish appropriate policies and take effective measures to ensure the protection and safety of their staff and workplace, including from discrimination and violence directed against LGBTQI+ people and those who provide services to them;
to exert sustained international leadership, including in bilateral and multilateral fora, to prevent and respond to criminalization, discrimination, and violence against LGBTQI+ people internationally;
to fully implement and expand upon the policies outlined in the “Presidential Memorandum—Advancing the Human Rights of Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Persons Around the World”;
to ensure that international efforts to combat HIV/AIDS take all appropriate measures to support at-risk communities, including LGBTQI+ people, and to create enabling legal environments for these communities;
to work with governments and nongovernmental partners around the world to develop and implement regional strategies to decriminalize homosexuality and to counteract other restrictions on the human rights of LGBTQI+ people, including restrictions on LGBTQI+ organizations and so-called LGBTQ+ propaganda laws; and
to ensure that those who have a well-founded fear of persecution on account of being LGBTQI+ or supporting LGBTQI+ rights have the opportunity to seek protection in the United States.
Sec. 4 Special Envoy for the Human Rights of LGBTQI+ People
Establishment—
In general— The Secretary of State shall establish in the Bureau of Democracy, Human Rights, and Labor (DRL) of the Department of State a permanent Special Envoy for the Human Rights of LGBTQI+ Peoples (in this section referred to as the “Special Envoy”), who shall be appointed by the President. The Special Envoy shall report directly to the Assistant Secretary for Democracy, Human Rights, and Labor.
Rank— The President may appoint the Special Envoy at the rank of Ambassador, by and with the advice and consent of the Senate.
Purpose— In addition to the duties described in subsection (c) and those duties determined by the President and the Secretary of State, the Special Envoy shall direct efforts of the United States Government relating to United States foreign policy, as directed by the President and the Secretary, regarding human rights abuses against LGBTQI+ people and communities internationally and the advancement of human rights for LGBTQI+ people, and shall represent the United States internationally in bilateral and multilateral engagement on such matters.
Duties— The Special Envoy—
shall serve as the principal advisor to the Secretary of State regarding the human rights of LGBTQI+ people internationally; and
at the direction of the Secretary of State—
shall, notwithstanding any other provision of law, direct activities, policies, programs, and funding relating to the human rights of LGBTQI+ people and the advancement of LGBTQI+ equality initiatives internationally, for all bureaus and offices of the Department of State, and shall lead the coordination of relevant international programs for all other Federal agencies relating to such matters;
shall represent the United States in diplomatic matters, including in bilateral and multilateral fora, relevant to the human rights of LGBTQI+ people, including criminalization, discrimination, and violence against LGBTQI+ people internationally;
shall direct, as appropriate, United States Government resources to respond to needs for protection, integration, resettlement, and empowerment of LGBTQI+ people in United States Government policies and international programs, including to prevent and respond to criminalization, discrimination, and violence against LGBTQI+ people internationally;
shall design, support, and implement activities regarding support, education, resettlement, and empowerment of LGBTQI+ people internationally, including for the prevention and response to criminalization, discrimination, and violence against LGBTQI+ people internationally;
shall lead interagency coordination between the foreign policy priorities related to the human rights of LGBTQI+ people and the development assistance priorities of the LGBTQI+ Coordinator of the United States Agency for International Development; and
shall conduct regular consultation with nongovernmental organizations working to prevent and respond to criminalization, discrimination, and violence against LGBTQI+ people internationally.
Briefings and assessments— Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Special Envoy shall provide to the appropriate congressional committees a briefing on the status of the human rights of LGBTQI+ people internationally, as well as on the status of programs and response strategies of the United States Government to address criminalization, discrimination, and violence against LGBTQI+ people internationally.
United States policy To prevent and respond to criminalization, discrimination, and violence against LGBTQI+ people globally—
Global strategy requirement— Not later than 180 days after the date of the enactment of this Act, and annually thereafter for each of the following five years, the Special Envoy shall develop or update, as the case may be, a United States global strategy to prevent and respond to criminalization, discrimination, and violence against LGBTQI+ people internationally. The Special Envoy shall submit the global strategy to the appropriate congressional committees and, if practicable, make the global strategy available to the public.
Collaboration and coordination— In developing the global strategy required under paragraph (1), the Special Envoy shall consult with—
mid- and high-level officials of relevant Federal agencies; and
representatives of nongovernmental organizations with demonstrated experience in addressing criminalization, discrimination, and violence against LGBTQI+ people internationally or promoting equal rights for LGBTQI+ people internationally.
Monitoring the United States strategy To prevent and respond to criminalization, discrimination, and violence against LGBTQI+ people and communities internationally— In each global strategy submitted under subsection (e), the Special Envoy shall include an analysis of best practices for preventing and addressing criminalization, discrimination, and violence against LGBTQI+ people and communities internationally, including—
a description of successful efforts by foreign governments and nongovernmental organizations to prevent and respond to criminalization, discrimination, and violence against LGBTQI+ people and communities internationally;
recommendations related to best practices, effective strategies, and improvements to enhance the impact of such prevention and response efforts; and
the impact of activities funded by the global strategy in preventing and reducing criminalization, discrimination, and violence against LGBTQI+ people and communities internationally.
Sec. 5 Documenting and responding to bias-motivated violence against LGBTQI+ people abroad
Report on human rights and development assistance— Section 116(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)) is amended—
in paragraph (11)(C), by striking “; and” and inserting a semicolon;
in paragraph (12)(C)(ii), by striking the period at the end and inserting “; and”; and
by adding at the end the following new paragraph:
“(13) wherever applicable, the nature and extent of criminalization, discrimination, and violence by state and nonstate actors based on sexual orientation or gender identity, as those terms are defined in section 7 of the International Human Rights Defense Act of 2023, or sex characteristics, including an identification of those countries that have adopted laws or constitutional provisions that criminalize or discriminate based on such sexual orientation, gender identity, or sex characteristics, including descriptions of such laws and provisions.”
Report on human rights and security assistance— Section 502B of the Foreign Assistance Act of 1961 (22 U.S.C. 2304) is amended—
by redesignating the second subsection (i) (relating to child marriage status) as subsection (j); and
by adding at the end the following new subsection:
“(k) Sexual orientation, gender identity, and sex characteristics—The report required under subsection (b) shall include, wherever applicable, the nature and extent of criminalization, discrimination, and violence by state and nonstate actors based on sexual orientation or gender identity, as those terms are defined in section 7 of the International Human Rights Defense Act of 2023, or sex characteristics, including an identification of those countries that have adopted laws or constitutional provisions that criminalize or discriminate based on such sexual orientation, gender identity, or sex characteristics, including descriptions of such laws and provisions.”
Sec. 6 Implementation of the United States strategy to prevent and respond to criminalization, discrimination, and violence against LGBTQI+ people and communities internationally
The Secretary of State and the Administrator of the United States Agency for International Development are authorized to provide assistance to prevent and respond to criminalization, discrimination, and violence against LGBTQI+ people internationally. The assistance may include the following activities:
Development and implementation of programs, such as the Global Equality Fund of the Department of State, that respond to human rights abuses against, and the social and economic exclusion of, LGBTQI+ people.
Support and capacity building for the development and enforcement of the laws of foreign governments pertaining to relevant civil and criminal legal and judicial sanctions, protection, and training.
Enhancement of health sector capacity to detect, prevent, and respond to violence against LGBTQI+ people and communities internationally, and to combat HIV/AIDS in the LGBTQI+ community internationally, in close coordination with the Office of the Global AIDS Coordinator and Health Diplomacy of the Department of State.
Development of a leadership program for international LGBTQI+ activists that will foster collaboration and knowledge sharing across the world.
Sec. 7 Definitions
In this Act:
Appropriate congressional committees— The term appropriate congressional committees means—
the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and
the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.
Gender identity— The term gender identity means the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, regardless of the individual’s designated sex at birth.
Intersex— The term intersex means individuals born with sex characteristics (including genitals, gonads, or chromosome patterns) that vary from typical binary notions of male or female bodies and is an umbrella term used to describe a wide range of natural bodily variations.
LGBTQI+— The term LGBTQI+ means lesbian, gay, bisexual, transgender, queer, or intersex.
Sexual orientation— The term sexual orientation means actual or perceived homosexuality, heterosexuality, or bisexuality.