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Brazil’s Supreme Court Votes to Criminalize Homophobic Acts

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  • Brazil’s Supreme Court has ruled in favor of criminalizing homophobia under current legislation until Congress creates a law that specifically addresses the issue.
  • Eight of the 11 justices voted Thursday to treat violent acts and other crimes against gay and transgender people like racism, which was made a crime in Brazil in 1989 with prison sentences of up to five years.
  • President Jair Bolsonaro criticized the justices last month when it became clear that they would likely vote in favor of the move, and he suggested that it was time to appoint an evangelical Christian.

The Vote

Brazil’s Federal Supreme Court voted Thursday to criminalize acts of hate and discrimination against the LGBT community.

Eight of the 11 justices voted in favor of the move arguing that Congress failed to fulfill its constitutional duty by passing similar legislation. According to the Wall Street Journal, the country’s constitution allows the high court to make these types of moves in the event that lawmakers fail to take action.

For now, any acts of violence or other crimes against gay or transgender people will be judged under current antiracism law until Congress passes a specific law that addressed the LGBT community. Racism was made a crime in Brazil in 1989 with prison sentences of up to five years.

“Sexual orientation and gender identity are essential to human beings, to the self-determination to decide their own life and seek happiness,” Justice Gilmar Mendes said, according to the court’s Twitter account.

It may take some time for Congress to act further. In 2011, the Supreme Court ruled unanimously that every state should recognize civil unions between same-sex couples. However, Congress has yet to pass legislation for those unions.

Bolsonaro’s Position

President Jair Bolsonaro, who took office in January, criticized the court last month when it became clear that most justices would rule in favor of criminalizing homophobia. He argued that the court was overstepping and suggested it was time to appoint an evangelical Christian to the Supreme Court.

Bolsonaro himself has been criticized for what many consider a long history of homophobic, racist, and sexist comments.  The social conservative won the October election last year, promising to overturn years of liberal social policies. Many LGBT rights groups feared that he would try to roll back gay rights if elected.

The court’s decision “is a step forward, but it won’t make much of a difference unless we improve education and change attitudes,” Claudia Regina, president of the LGBT Pride Parade Association of São Paulo told the Journal.

“There’s been a subtle worsening of attitudes” since Bolsonaro was elected, she said, adding that he “is encouraging this, indirectly. He inspires his followers to behave this way.”

According to the rights group the Grupo Gay da Bahia, 420 LGBT people were killed across Brazil in 2018 and at least 141 others have been killed so far this year. On top of that, Brazil leads the world in transgender homicides with 171 in 2017, according to the organization Transgender Europe.

See what others are saying: (Reuters) (The Wall Street Journal) (The Independent)

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First Person Charged Under Hong Kong National Security Law Found Guilty of Terrorism and Inciting Secession

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Dozens more are awaiting trial for breaking the controversial National Security Law, which is aimed at protecting Chinese sovereignty at the cost of basic freedoms within Hong Kong.


First Conviction Under National Security Law

The first person to be charged under Hong Kong’s extremely controversial National Security Law was found guilty of his crimes Tuesday morning.

A judge ruled that Tong Ying-kit was guilty of both terrorism and inciting secession after the 24-year-old failed to stop at a police checkpoint while on his motorcycle last July, which resulted in him eventually riding into police. At the same time, he was carrying a flag that said “Liberate Hong Kong, Revolution of Our Times.”

According to Justice Esther Toh, that phrase alone was capable of inciting others to commit succession, she also that added that Tong understood that the flag had secessionist meaning in an effort to set aside doubts that Tong understood the flag’s inherent meaning.

Yamini Mishra, Amnesty International’s Asia-Pacific Regional Director said,“The conviction of Tong Ying-kit is a significant and ominous moment for human rights in Hong Kong.”

“Today’s verdict underlines the sobering fact that expressing certain political opinions in the city is now officially a crime, potentially punishable by life in jail,” she added.

More Convictions Expected Sparking Fear Over Erosion of Rights

A long string of convictions will likely follow Tong’s, as over 100 people have been arrested under the ambiguous law that criminalizes many forms of freedom of expression under the guise of protecting Chinese sovereignty. Of those arrested, 60 are currently awaiting trial, including dozens of pro-democracy politicians who have been accused of subversiveness for their calls to block the government’s agenda in the legislature.

That has drawn particular concern among international critics who fear the precedent that will be set once it’s clear to politicians that failing to rubber-stamp the Communist Party’s agenda will result in prison terms.

It’s widely expected that as more people are found guilty, the few remaining protections of the city’s Basic Law, a British common law-inspired mini-constitution, will be completely eroded.

See what others are saying: (The New York Times) (CNN) (BBC)

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Tunisian President Fires Prime Minister, Suspends Parliament Over Deadlock and COVID-19 Response

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President Kais Saied claims his actions are constitutional and have the support of the military, which has already blocked off government buildings. His opponents, however, call the move little more than a coup.


President Makes Massive Changes to Government

Tunisia’s government received a major shakeup after President Kais Saied fired the Prime Minister and froze parliament late Sunday.

The move, according to Saied, was meant to break years of parliamentary deadlock between Prime Minister Hichem Mechichi and various political parties that have sturggled to find common ground. However, the timing comes just after a massive protest over how the government has handled the COVID-19 pandemic turned violent earlier on Sunday.

Either way, the move risks sparking a confrontation between Saied —who is backed by the army — and various political parties that view his actions as a coup.

The President’s actions have proven cotnroversial. Despite that, he has widepsread support after being elected in 2019 on a platform to fight corrupt politicians.

After the announcement, tens of thousands have taken to the streets in support of his decision to dismiss the Prime Minister and parliament, with many cheering as he appeared among the crowd Sunday night.

In recent months, anger at the ruling government has only increased as many feel the ruling coalition, largely made up of the Islamist Ennahda (“Renaissance”) party, have been ineffective.

It’s a common belief in Tunisia that Ennahda’s rule, alongside its tenuous coalition, helped exacerbate problems caused by the COVID-19 pandemic, which led to the economy shrinking by 8% as tourism plummeted.

One of the President’s supporters told Reuters and other outlets during Sunday’s demonstration, “We are here to protect Tunisia. We have seen all the tragedies under the rule of the Muslim Brotherhood.”

He mentioned the Muslim Brotherhood, which had a strong presence in Egpyt after the Arab Spring, becuase Ennahda has longstanding relationship with the group, although it has sought to distance itself as a more moderate political group over the last few years.

Now, for their part, the ruling coalition has argued that Saied’s move is clearly unconstitutional. Rached Ghannouchi, leade of Ennahda and Parliamentary Speaker, said that he is “against gathering all powers in the hands of one person.” His position isn’t without supporters eithers. Both sides have already gathered throughout the capital and have thrown rocks at each other.

Legalities of Article 80

The question across many minds is whether or not Saied’s actions are actually constitutional.

He claims that under Article 80 of the constitution, he can fire the Prime Minister, suspend parliament for 30 days, and appoint a premier to rule — all of which is true.

However, in order to do that, the Prime Minister and the Parliamentary Speaker need to be consulted; something Parliamentary Speaker Ghannouchi said was never done. It’s unclear what Mechichi’s position is as he’s stayed inside his home all day, though the army says he is not under any kind of arrest.

In addition to those requirements, a Constitutional Court needs to approve the move, and one hasn’t been set up. As the German Foregin Office put it on Monday morning, it seems like Saied is relying on “a rather broad interpretation of the constitution.”

International observers hope a solution will soon be made to keep what seems to be the last functional democracy to come from the Arab Spring from devolving into civil war or dictatorship.

See what others are saying: (The Washington Post) (Reuters) (BBC)

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South Korean President Makes BTS Official Presidential Envoys

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The position is largely ceremonial but will be used by the government to help give a friendly and popular face to national and international initiatives spearheaded by Seoul.


Government Recognition

The K-pop band BTS will be adding to its list of global impacts this year after South Korean President Moon Jae-in appointed its members as Presidential Envoys on Wednesday.

The role will include attending international conferences such as the United Nations General Assembly in September.

At these events, BTS will perform “various activities to promote international cooperation in solving global challenges, such as improving the environment, eliminating poverty and inequality, and respecting diversity,” according to Park Kyung-mee, a Blue House spokesperson.

The band has already appeared at U.N. conferences multiple times over the last few years.

Just last year, the group gave a message of hope and reassurance through the U.N. during the COVID-19 pandemic. Prior appearances at the U.N. have been either as part of U.N. organizations or as private citizens.

Wednesday’s appointment will make them official representatives of South Korea, although they won’t actually engage in any direct diplomacy and instead will be used to promote the country’s ongoing efforts in youth-related projects.

Longstanding Policy

BTS’ success, alongside prior and current K-pop groups, has remained a masterclass of soft diplomacy by the Korean government. For decades, the Korean government has cultivated promoting cultural aspects abroad in the hopes of generating more interest in the country. There are hopes that such efforts will encourage more tourism as well as an elevated image when consumers consider Korean-made products.

Such efforts, beyond cultivating K-pop and raising its stars as semi-official government symbols, also include helping fund Korean restaurants abroad as well as free Korean-language classes taught by Professors of some of Korea’s most prestigious schools.

The news comes as BTS’ newest single, “Permission to Dance,” quickly took the #1 spot on the Billboard top 100. BTS is also partnering with YouTube to promote a Permission to Dance challenge on YouTube Shorts that will begin tomorrow and end on August 4.

Fans will be encouraged to replicate dance moves from the music video, and the group’s favorite clips will be put into a compilation made by them.

See what others are saying: (Yonhap News) (The Korea Times) (All Kpop)

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