Saturday, 28 February 2009

Iranian Queer Asylum Seekers in Turkey and Germany

By IRQR

As you read this message, there are about 100 queer Iranian refugees in Turkey who find themselves in a desperate situation. Anxious, sad but hopeful, they wait for the UN High Commission for Refugees to process their application.

They are in a legal "no-man's land". None of them can work, even illegally, because it is very hard for them to find a job. If they do, it is not secure job. They can rarely continue working there if it is discovered they are queer. Yet these refugees need money in order to cover basic living expenses and the residency fees imposed by the local government. They are victims of exploitation and often, sadly, violence and persecution.

IRQR's Board of Directors has asked our Executive Director, Arsham Parsi, to travel to Turkey in order to help them out. Experience has shown that when Arsham is able to be present in person, it makes a huge difference. Things happen. Paperwork moves across the desks of the UN High Commission on Refugees. The refugees are encouraged, often stepping back from the brink of desperation and once again hopeful regarding the future.

En route to Turkey, Arsham would also stop in Frankfurt, Germany, to help some of the Iranian queer asylum seekers who applied there and are at risk of being deported. This trip would be extremely productive and beneficial for these refugees.

Unfortunately, IRQR is short of funds to cover this trip. This is why we are turning to you.

Please consider making a donation right now so that Arsham can travel to bring aid and hope to Iranian refugees. His visa has already been granted for a limited time so time is running out for IRQR to make use of it.

Whatever amount you can afford will be gratefully received. Please send us your donation today using our secure, online system. (Visit our website and click on PayPal). Also, forward this message to a friend you think might be able to join you in making a donation to the IRQR for this Turkish outreach.

For more information about the IRanian Queer Railroad and its supporters, please visit our website at www.irqr.net.

Thank you in advance for your on-going support and generosity.

Wednesday, 25 February 2009

Iraq's queer underground railroad


By Peter Tatchell

A secret network of safe houses and escape routes is saving gay Iraqis from execution by Islamist death squads

In the bad old days of slavery in the United States, there was the "Underground Railroad" – a clandestine network of secret routes and safe houses – which spirited thousands of southern slaves to freedom in the north.

Today, 200 years later in Iraq, a modern version of the underground railroad is saving the lives of gay people who are fleeing Islamist death squads. It is providing safe houses in Baghdad and other Iraqi cities, and is smuggling lesbian, gay, bisexual and transgender (LGBT) people to neighbouring countries, where it helps them apply for United Nations humanitarian protection. This secret network, coordinated by Iraqi LGBT exiles in London, is saving dozens of lives.

Since the fall of Saddam Hussein, homophobia and the terrorisation of LGBT people has got much worse. The western invasion of Iraq in 2003 ended the tyrannical Baathist dictatorship. But it also destroyed a secular state, created chaos and lawlessness and allowed the flourishing of religious fundamentalism. The result has been an Islamist-inspired homophobic terror campaign against LGBT Iraqis.

You can watch two short videos, which show the terror of queer life in "democratic" Iraq here and here.

This campaign of terror is sanctioned by Iraq's leading Shia cleric, Grand Ayatollah Ali al-Sistani. In 2005, he issued a fatwa urging the killing of LGBT people in the "worst, most severe way" possible.

This is the same Sistani who was praised by President Bush as a "leading moderate". The British government concurred. We hosted him in Britain for medical treatment. He was anti-Saddam, so the west backed him, even after he issued his murderous religious edicts.

Although the general security situation has improved in Iraq, for LGBT people it has deteriorated sharply. Systematic assassinations of queers are being orchestrated by police and security agents in the interior ministry, many of whom are former members of the Iranian-backed Badr Corps militia.

Queers are being shot dead in their homes, streets and workplaces. Even suspected gay children are being murdered. They killers claim to be doing these assassinations at the behest of the "democratic" Iraqi government, in order to eradicate what they see as immoral, un-Islamic behaviour.

This programme of targeted murders has one aim, according to the death squads: the total eradication of all queers from Iraq. It is, in effect, a form of sexual cleansing. The killers boast that most "sodomites" have already been eliminated.

The interior ministry is, of course, a key ministry in the UK-backed and US-backed government of Iraq. Some democracy! In fact, there is no democracy or human rights at all for Iraqi queers. If the government in Baghdad is not actively encouraging the mass killing of LGBT people, it is definitely allowing rogue police and Islamists to do so.

To protect against this terror and save lives, the Iraqi LGBT organisation has created its underground queer railroad, complete with safe houses and escape routes.

"Since establishing the safe houses project in 2006 we have provided refuge for dozens of gay people who were being hunted by death squads," reports Ali Hili, coordinator of Iraqi LGBT.

"We have also assisted people to escape from Iraq to neighbouring countries, where we have established resettlement projects. Our efforts have got gay refugees registered with the United Nations High Commissioner for Refugees (UNHCR), and we've already moved some of them a third safer country, in Europe or North America. These lucky ones are now beginning to rebuild their lives," Mr Hili said

K is a 33-year-old architect who escaped to Amman in Jordan. He now helps run the Iraqi LGBT support group there, aiding other LGBT refugees from Iraq. So far, seven out of 23 Iraqi LGBT refugees who have been smuggled to Jordan have had their applications for asylum approved by the UNHCR and been able to secure asylum in countries such as the United States, Sweden, the Netherlands and Germany.

This heroic work is not without its risks and sacrifices. Many of the underground activists have been assassinated, in a series of grisly homophobic and transphobic murders.

Two lesbians who ran the safe house in the city of Najaf were butchered, together with a young boy they had rescued from the sex industry. Last summer, the coordinator of a Baghdad safe house, Bashar, was gunned to death in his local barber's shop by an Islamist hit squad. Previously, five gay activists who organised another Baghdad safe house were massacred.

The lack of funds is a perpetual problem. Three of the five safe houses in Baghdad had to close last year because of a lack of donations to keep them running. Two have since been reopened but it is a constant struggle to fund them. Money is needed to pay rent, electricity and food bills for the 10-12 LGBT refugees who are crammed into each house. Many more LGBT Iraqis still need a place to hide.

Iraqi LGBT can be contacted through its website

Help!

This is a message for everyone who's a regular reader of this site.

Have just been slugged for domain renewals so I'm going to ask if anyone who is finding this site a useful resource to consider tipping me. I'm far (far) from rich and although I love doing this and don't mind shelling out I think it's fair to ask!

Would also repeat that if you'd like to contribute content to the site the door is open.

Email gayasylumuk@gmail.com

Paul

Tuesday, 24 February 2009

Saad, Babi et les autres: la France doit protéger les personnes persécutées en raison de leur orientation sexuelle, ou de leur identité de genre



Alors que la Commission européenne rappelle le devoir des États membres d’assurer l’asile aux personnes LGBT menacées et que l’actuel Président de la République française s’est engagé pendant la campagne électorale à garantir ce droit, l’Inter-LGBT, l’ARDHIS et Solidarité Internationale LGBT rappellent la nécessité pour la France d’améliorer les conditions d’accueil et d’étude des dossiers des personnes demandant l’asile du fait de leur orientation sexuelle ou de leur identité de genre.

Interrogée récemment par des euro députés sur une décision chypriote d’expulsion d’un demandeur d'asile iranien homosexuel, la Commission européenne a réaffirmé l’obligation pour les États membres de « garantir un statut de réfugié aux personnes qui sont l'objet d'une crainte bien fondée de persécution en raison de leur appartenance à un groupe social particulier, y compris un groupe ayant comme caractéristique l'orientation sexuelle ».

Pendant sa campagne électorale, le futur Président de la République française, ne disait pas autre chose. Répondant au magazine « Têtu » en avril 2007, il déclarait : «si vous êtes persécuté pour votre orientation sexuelle, vous devez pouvoir bénéficier du droit d’asile », et ajoutait : «les critères de l’OFPRA doivent donc pouvoir évoluer sur ce point ». Et il concluait « Être persécuté en raison de sa sexualité, c’est choquant et inadmissible. La France doit faire sienne cette position chaque fois qu’un homosexuel est martyrisé parce qu’il est homosexuel ».

Belles paroles !

La réalité française est plus crue. Après une première demande d'asile en avril 2006, rejetée par l'OFPRA puis par la Commission des recours des réfugiés en mai 2007, puis après une demande de réexamen à l'automne dernier rejetée fin décembre et un recours déposé début janvier, un jeune homme égyptien interpellé lors d'un contrôle d'identité est passé très près de l'expulsion vers son pays d'origine début février. C’est finalement une décision médicale qui lui a permis de rester en France et d’être libéré. Son combat pour être régularisé n'en est pas fini pour autant. Reste à convaincre des autorités françaises qui confondent trop souvent lutte contre l'immigration irrégulière et respect du droit d'asile.

Au-delà de ce cas, ce sont probablement des dizaines d'autres qui, chaque année, échappent à la vigilance des associations et sont livrés à l'arbitraire d'un danger réel dans leur pays d'origine.

C'est la raison pour laquelle l’Inter-LGBT, l’ARDHIS et Solidarité Internationale LGBT soutiennent résolument les personnes qui demandent l’asile en France afin de fuir les persécutions, étatiques ou privées, qu'elles subissent ou risquent de subir en raison de leur orientation sexuelle ou de leur identité de genre. Elles demandent à la France une grande vigilance dans le traitement de ce type de dossiers.

En effet, en cas de persécutions homophobes, lesbophobes ou transphobes, les preuves concrètes sont la plupart du temps très difficiles à fournir. Homosexuelles et transexuelles privilégient parfois la discrétion sur le motif réel de leur demande pour se protéger en cas de retour forcé vers leur pays d’origine, et même pour éviter que des compatriotes déjà présents en France ne l'apprennent. Cela nécessite que la confidentialité soit assurée, mais aussi de laisser aux personnes le temps de faire émerger leur récit, et donc probablement une meilleure formation des agents de l'OFPRA aux questions LGBT.

L’Inter-LGBT, l’ARDHIS et Solidarité Internationale LGBT dénoncent la notion de pays d'origine sûr et la procédure prioritaire d'examen qui y est associée. Dans la liste des quinze pays établie par l'OFPRA le 12 juin 2006, cinq pénalisent les relations homosexuelles entre adultes consentants..

Elles demandent que l'autorisation provisoire de séjour et l'allocation temporaire d'attente soit automatiquement délivrées aux demandeurs d'asile, quelle que soit la nature de la procédure (primo demandeur ou réexamen, réouverture, personne provenant d'un pays dit « sûr ») afin de tenir compte de la spécificité des dossiers et des difficultés pour apporter la preuve des persécutions.

Conformément à l'article 6 de la directive 2004/83/CE, le statut de réfugié, au titre de l'asile conventionnel ou de la protection subsidiaire, doit être accordé aux personnes LGBT ayant été ou risquant d’être persécutées par les pouvoirs publics de leur pays d'origine, ou par quelque autre acteur non étatique.

Pour l’Inter-LGBT, l’ARDHIS et Solidarité Internationale LGBT, la protection effective des personnes LGBT cherchant à trouver asile marquerait l’engagement réel de la France en faveur de la lutte contre l’homophobie, la lesbophobie et la transphobie dans le monde.

~~~~~~

France must protect those persecuted because of their sexual orientation or gender identity

While the European Commission recalls the duty of Member States to provide asylum to LGBT people at risk and that the current President of France has pledged during the election campaign to ensure this right, the Inter-LGBT ARDHIS and the International Solidarity LGBT recall the need for France to improve reception and study of cases of people seeking asylum because of their sexual orientation or gender identity.

Recently questioned by MPs on a Euro Cypriot decision to expel an Iranian homosexual asylum seeker, the European Commission reaffirmed the obligation for Member States to "guarantee a refugee status to persons who are the subject of 'well-founded fear of persecution because of their membership in a particular social group, including a group with a characteristic sexual orientation'. "

During his election campaign, the future President of France, did not say anything else. Responding to the magazine Tetu in April 2007, he said: "if you are persecuted for your sexual orientation, you must have the right of asylum", and added: "The criteria used by OFPRA must be able to move on this point. And he concluded, "Being persecuted for sexuality, it is shocking and unacceptable. France needs to endorse this position every time a homosexual was tortured because he is gay."

Nice words!

The French is more raw. After an initial application for asylum in April 2006, rejected by OFPRA then by the Refugee Appeals Commission in May 2007, after a request for review last fall rejected in late December and early January brought a young Egyptian man arrested during an identity check very close to the deportation to his home country in early February. It is ultimately a medical decision that enabled him to remain in France and to be released. His fight to be regulated is not finished, however. It remains to convince the French authorities, which often confuse the fight against irregular immigration and the right of asylum.

Beyond this case, they are probably dozens of others each year who escape the vigilance of the support associations and are delivered to the arbitrariness of return to a real danger in their country of origin.

That is why the Inter-LGBT, the International Solidarity and ARDHIS strongly support LGBT people seeking asylum in France to escape persecution, state or private, which they may suffer or incur because of their sexual orientation or gender identity. They call on France to show great caution in treating such cases.

In case of homophobic, transphobic or lesbophobic persecution, the evidence is often very difficult to provide. Gay and transsexuals sometimes prefer discretion on the real reason for their request for protection in case they are forced to return to their country of origin and even to prevent compatriots already present in France learning of their sexuality. This requires that confidentiality is ensured, but also gives people the time to bring their story, and probably better training of OFPRA to LGBT issues.

The Inter-LGBT, the ARDHIS and Solidarité Internationale LGBT denounce the notion of safe country of origin and the priority review procedure associated with it. In the list of fifteen countries established by OFPRA on 12 June 2006, five penalize homosexual relations between consenting adults.

They ask that the temporary residence permit and temporary allocation waiting is automatically issued to asylum seekers, irrespective of the nature of the procedure (primary applicant or review reopening person from a country says "safe") to take into account the specific issues and difficulties in providing evidence of persecution.

In accordance with Article 6 of Directive 2004/83/EC, refugee status, under the conventional asylum or subsidiary protection, should be given to LGBT people who have been or risk being persecuted by the public authorities in their countries of origin (or some other non-state actor).

For the Inter-LGBT, the ARDHIS and LGBT International Solidarity, the effective protection of LGBT people seeking asylum would show the real commitment of France to the fight against homophobia, lesbophobia and transphobia in the world.

Sunday, 22 February 2009

Top artists battle UK visa clampdown


Antony Gormley is leading major arts figures in an attack on security controls which prevent star international performers from entering the UK

Leading figures from the art world, including Antony Gormley and Nicholas Hytner, have launched a campaign to reverse stringent visa controls which they claim are preventing top foreign musicians, actors and artists from visiting Britain.

They say that immigration laws introduced last year are restricting artistic freedom and have called on the Home Office to review them.

One example they give is that of the virtuoso Russian pianist Grigory Sokolov, who cancelled what was to be his second performance in this country at the Southbank Centre in London when he could not provide the documents required for his planned visit in April.

"This country has always been a hub, an airy place where people from all over the world could come and express themselves in art," said actress Janet Suzman, one of the signatories of a petition calling for the Home Office to look at the rules again. "This legislation stamps on all that with a clunking, hobnail boot."

The visa legislation has tightened up the requirements for all professionals travelling to Britain from outside the EU in order to perform or take part in an arts event. Artists must now not only show proof of their identity, including fingerprints, but also show they have an established sponsor happy to take full financial responsibility for them and to vouch for all their activities while on British soil. Small organisations must pay a fee of £400 to become an official "sponsor", while larger groups must pay £1,000.

"It can't really be what government wanted," said Sandy Nairne, director of the National Portrait Gallery, "but what we have now is this totally unintended effect. We still have plenty of cultural exchanges with artists across the EU, and even within the Commonwealth, but the real excitement of the last decade has been the growing number of performers coming from other countries and developing direct relationships with smaller venues and companies. It is of huge benefit here, and one hopes it is of benefit to them too."

The petition is signed by prominent artists, including Antony Gormley, 2004 Turner Prize winner Jeremy Deller, the artistic director of the Royal National Theatre Nicholas Hytner, Baroness Lola Young of Hornsey, Baroness Helena Kennedy QC, and the artistic director of London's Southbank Centre, Jude Kelly.

"I feel the wider arts community has no idea yet how badly this will affect their relationships with international artists," said Manick Govinda, of arts producer and promoter Artsadmin, who is spearheading the campaign to change the regulations. He argues that the new layers of bureaucracy pose real problems for non-western artists from the developing world. Kurdish Iraqi artists invited here by Adalet Garmiany, the director of ArtRole, have been told they must travel 900 miles to Beirut and stay for three weeks to apply for the correct documents.

"This effectively criminalises these artists," Govinda said. "If you invite a professional performer to this country, they are not going to expect you to want to know where they are going every day. It is the smaller arts venues and festivals that will be hit most, but all of them will find this very difficult."

Govinda added that, while previous immigration hurdles were never simple for visiting artists, they were at least surmountable. A letter of invitation was needed, along with a statement about the visitors' plans and an indication of how much they would receive in living expenses while on these shores.

A UK Border Agency spokesman said: "We want the United Kingdom to stay open and attractive for creative artists. But at the same time we are determined to deliver a system of border security which is among the most secure in the world.

"It is only right that those that benefit from the great cultural contribution migrants bring with them play their part through our system of sponsorship in ensuring that the system is not being abused.

"All migrants, not just artists, seeking to come to the UK to work or study, except for the most highly skilled, will require a certificate of sponsorship," he added.

~~~~~~~

Home Office Curbs Non-EU Artists

By Manick Govinda

First published in the Feb 09 issue of a-n Magazine:
www.a-n.co.uk/publications
An earlier version also published in the Feb 09 issue of Blueprint Magazine

As an arts professional committed to the principles of internationalism and cultural exchange I am both dismayed and disgusted by the new UK Home Office regulations that will further curb our invitations non-EU artists to collaborate with, experience, or make work in, the UK. The Home Office’s UK Border Agency, has introduced a points-based system for employers and charitable organisations who wish invite non-EU migrants into the UK. Its website describes the new points-based system as “the biggest shake up of the immigration system for 45 years.” In order to invite a non-EU professional, British organisations will have to “sponsor a migrant.”

To become a sponsor companies and charities will have to complete an on-line application on the UK Border Agency website. Various certified documents will have to be submitted, and there is the compulsory fee to pay the Borders Agency of £400 for small organisations and £1000 for large. Should you want to invite a skilled worker under tier 2 of the system, this will set you back £170 for each certificate of sponsorship (required by the migrant) or £10 if s/he is a temporary worker.

Aside from the bureaucratic and financial hassle, the 130 page document reveals a massive degree of control on skilled and temporary migrant workers that polices and regulates their day to day activity. For example, all sponsors will be required to hold photocopies or electronic copies of passport and ID card details, recruitment practices would need to be submitted and the migrant must be qualified at the equivalent of S/NVQ level 3 or above. Such documents might be easy for, say, a US or Canadian Artist to obtain, but if you’re coming from Cameroon or Pakistan, I have a strong feeling that such documents will be beyond the costs for most artists, and difficult to obtain due to lack of the relevant technology. Adalet Garmiany, director of ArtRole, informed me that the Kurdish-Iraqi artists whom he intends to invite would have to travel 900 kilometres to Beirut in person to apply for such documents and may have to stay there for about 3 weeks to receive them.

All non-EU invited artists will have to apply for a visa in person and supply biometric data - electronic finger scans and a digital photograph. Tier 2 Skilled workers would be required to hold a high qualification, have strong professional experience, the ability to speak fluent English (preferably studied in an English speaking country) and be in demand because of a shortage of local skills in the UK.

The past system was by no means a border free journey for artists, but usually a letter from the company inviting you, outlining why you’ve been invited, what you’ll be doing and how much your subsistence or per diems will be, was sufficient for the invitee to get permission to enter on a tourist visa. Applying for a visa was by no means easy, but a number of different routes were available for artists. This was how international artists’ residencies by organisations like Gasworks were organised.

Tier 5 temporary workers will need to show that they readily have access to a minimum of £800 of their own money and that they have no recourse to public funds. Does this apply to artist-in-residence or international fellowship schemes funded by Arts Council England? There is no clarity.

Whether one believes in immigration controls or not (I for one believe in complete freedom of movement across states and countries), the arts and creative community seem to agree that the new system is restrictive. The National Campaign for the Arts (NCA) undertook a quick survey of its members in July 2008 receiving 53 responses from its membership of 325. A 16% response rate may not be quantifiably significant, but of those who responded 76% had hosted artists from outside the EU in the last 2 years, and 81% said the changes to the immigration regulations would affect their work citing increase costs, increased legal hurdles and increased administrative tasks as extra burdens. However, only 2% stated that they would work with fewer non-EU artists in the future.

What is evident is the lack of a popular campaign against these draconian measures that’s curbing the freedom of international creative and artistic flow into the UK. The NCA alerted the Home Office about the detrimental effects to the arts sector, “which the proposed changes posed in terms of costs and procedures”, and took part in a “sector specific task force to inform immigration policy”. However, it did not mobilise a protest from its 600 strong membership to object to these hugely restrictive measures.

It seems obvious that the new points based system is designed to keep certain types of people out, while the UK is happy to export its expertise across the world, without the same level of humiliating procedures. Many small, unincorporated, autonomous arts projects will have a tough job of getting the necessary documents to invite non-EU overseas colleagues to the UK. Artists who want to collaborate, support each other and explore collective work will lose their flexibility and freedom to choose whose they work with internationally. It also means that individuals will lose their autonomy unless its regulated and validated by the likes of The British Council, Visiting Arts, The Design Council and other official bodies of representation.

So what action should artists’ and arts professionals take? As a member of the Manifesto Club, I’m trying to organise a petition to the Government to express a collective objection to this regulation. Secondly, more evidence and case studies needs to be compiled, reported and communicated to a range of media to raise further public awareness and objection to these draconian measures. If anyone is interested in discussing these tactics further, please contact me on the following email: govinda@manick.f2s.com.

Manick Govinda is Head of Artists’ Advisory Services and Artist Producer at Artsadmin. He is a member of London Mayor’s Cultural Strategy Group and is a non-executive director and commissioning editor for a-n: The Artists Information Company.

Refs:

ArtRole: http://www.artrole.org/
Manifesto Club: http://www.manifestoclub.com/node/406
National Campaign for the Arts: http://www.artscampaign.org.uk/campaigns/nationalpolicy/Visas%202005%20Overview.html
Gasworks: http://www.gasworks.org.uk/
Visiting Arts: http://www.visitingarts.org.uk/info_resources/red_tape/nca_briefingpaper.html
Home Office UK Borders Agency: http://www.bia.homeoffice.gov.uk

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Comment

Saturday, 21 February 2009

Iran's Hidden History



When Iranian President Mahmoud Ahmadinejad made his infamous claim at a September 2007 Columbia University appearance that ""In Iran, we don't have homosexuals like in your country," the world laughed at the absurdity of this pretense.

Now, a forthcoming book by a leading Iranian scholar in exile, which details both the long history of homosexuality in that nation and the origins of the campaign to erase its traces, not only provides a superlative reply to Ahmadinejad, but demonstrates forcefully that political homophobia was a Western import to a culture in which same-sex relations were widely tolerated and frequently celebrated for well over a thousand years.

"Sexual Politics in Modern Iran," to be published at the end of next month by Cambridge University Press, is a stunningly researched history and analysis of the evolution of gender and sexuality that will provide a transcendent tool both to the vibrant Iranian women's movement today fighting the repression of the ayatollahs and to Iranian same-sexers hoping for liberation from a theocracy that condemns them to torture and death.

Its author, Janet Afary, president of the International Society of Iranian Scholars, is a professor of history and women's studies at Purdue University who has already published several authoritative works on Iranian sexual politics, notably the revealing and award-winning "Foucault and the Iranian Revolution: Gender and the Seductions of Islam" (2005), in which she already demonstrated a remarkable sympathy for gay and lesbian people.

In her new book, Afary's extensive section on pre-modern Iran, documented by a close reading of ancient texts, portrays the dominant form of same-sex relations as a highly-codified "status-defined homosexuality," in which an older man - presumably the active partner in sex - acquired a younger partner, or amrad.

Afary demonstrates how, in this period, "male homoerotic relations in Iran were bound by rules of courtship such as the bestowal of presents, the teaching of literary texts, bodybuilding and military training, mentorship, and the development of social contacts that would help the junior partner's career. Sometimes men exchanged vows, known as brotherhood sigehs [a form of contractual temporary marriage, lasting from a few hours to 99 years, common among heterosexuals] with homosocial or homosexual overtones.

"These relationships were not only about sex, but also about cultivating affection between the partners, placing certain responsibilities on the man with regard to the future of the boy. Sisterhood sigehs involving lesbian practices were also common in Iran. A long courtship was important in these relations. The couple traded gifts, traveled together to shrines, and occasionally spent the night together. Sigeh sisters might exchange vows on the last few days of the year, a time when the world 'turned upside down,' and women were granted certain powers over men."

Examples of the codes governing same-sex relations were to be found in the "Mirror for Princes genre of literature (andarz nameh) [which] refers to both homosexual and heterosexual relations. Often written by fathers for sons, or viziers for sultans, these books contained separate chapter headings on the treatment of male companions and of wives."

One such was the Qabus Nameh (1082-1083), in which a father advises a son: "As between women and youths, do not confine your inclinations to either sex; thus you may find enjoyment from both kinds without either of the two becoming inimical to you... During the summer let your desires incline toward youths, and during the winter towards women."

Afary dissects how "classical Persian literature (twelfth to fifteenth centuries)...overflowed with same-sex themes (such as passionate homoerotic allusions, symbolism, and even explicit references to beautiful young boys.)" This was true not only of the Sufi masters of this classical period but of "the poems of the great twentieth-century poet Iraj Mirza (1874-1926)... Classical poets also celebrated homosexual relationships between kings and their pages."

Afary also writes that "homosexuality and homoerotic expressions were embraced in numerous other public spaces beyond the royal court, from monasteries and seminaries to taverns, military camps, gymnasiums, bathhouses, and coffeehouses... Until the mid-seventeenth century, male houses of prostitution (amrad khaneh) were recognized, tax-paying establishments."

While Afary explores the important role of class in same-sex relations, she also illuminates how "Persian Sufi poetry, which is consciously erotic as well as mystical, also celebrated courtship rituals between [men] of more or less equal status... The bond between lover and beloved was... based on a form of chivalry (javan mardi). Love led one to higher ethical ideals, but love also constituted a contract, wherein the lover and the beloved had specific obligations and responsibilities to one another, and the love that bound them both... Sufi men were encouraged to use homoerotic relations as a pathway to spiritual love."

Unmistakably lesbian sigeh courtship rituals, which continued from the classical period into the twentieth century, were also codified: "Tradition dictated that one [woman] who sought another as 'sister' approached a love broker to negotiate the matter. The broker took a tray of sweets to the prospective beloved. In the middle of the tray was a carefully placed dildo or doll made of wax or leather. If the beloved agreed to the proposal, she threw a sequined white scarf (akin to a wedding veil) over the tray... If she was not interested, she threw a black scarf on the tray before sending it back."

As late as the last half of the 19th century and the early years of the 20th, "Iranian society remained accepting of many male and female homoerotic practices... Consensual and semi-open pederastic relations between adult men and amrads were common within various sectors of society." What Afary terms a "romantic bisexuality" born in the classical period remained prevalent at court and among elite men and women, and "a form of serial love ('eshq-e mosalsal) was commonly practiced [in which] their love could shift back and forth from girl to boy and back to girl."

In the court of Naser al-Din Shah, who ruled Persia from 1848 to 1896, keeping boy concubines was still an acceptable practice, and the shah himself (in addition to his wives and harem) had a young male lover, Malijak, whom he "loved more than anyone else." In his memoirs, Malijak recalled proudly, "the king's love for me reached the point where it is impossible for me to write about it... [He] held me in his arms and kissed me as if he were kissing one of his great beloveds."

In a lengthy section of her book entitled "Toward a Westernized Modernity," Afary demonstrates how the trend toward modernization which emerged during the Constitutional Revolution of 1906 and which gave the Persian monarchy its first parliament was heavily influenced by concepts harvested from the West.

One of her most stunning revelations is how an Azeri-language newspaper edited and published in the Russian Caucuses, Molla Nasreddin (or MN, which appeared from 1906 to 1931) influenced this Iranian Revolution with a "significant new discourse on gender and sexuality," sharing Marx's well-documented contempt for homosexuals. With an editorial board that embraced Russian social democratic concepts, including women's rights, MN was also "the first paper in the Shi'i Muslim world to endorse normative heterosexuality," echoing Marx's well-documented contempt for homosexuality. Afary writes that "this illustrated satirical paper, which circulated among Iranian intellectuals and ordinary people alike, was enormously popular in the region because of its graphic cartoons."

MN conflated homosexuality and pedophilia, and attacked clerical teachers and leaders for "molesting young boys," played upon feelings of "contempt" for passive homosexuals, suggested that elite men who kept amrad concubines "had a vested interested in maintaining the (male) homosocial public spaces where semi-covert pederasty was tolerated," and "mocked the rites of exchanging brotherhood vows before a mollah and compared it to a wedding ceremony." It was in this way that a discourse of political homophobia developed in Europe, which insisted that only heterosexuality could be the norm, was introduced into Iran.

MN's attacks on homosexuality "would shape Iranian debates on sexuality for the next century," and it "became a model for several Iranian newspapers of the era," which echoed its attacks on the conservative clergy and leadership for homosexual practices. In the years that followed, "Iranian revolutionaries commonly berated major political figures for their sexual transgressions," and "revolutionary leaflets accused adult men of having homosexual sex with other adult men, 'of thirty-year-olds propositioning fifty-year-olds and twenty-year-olds propositioning forty-year-olds, right in front of the Shah.' Some leaflets repeated the old allegation that major political figures had been amrads in their youth."

Subsequently, "leading constitutionalists enthusiastically joined the campaign against homosexuality," writes Afary, noting that "the influential journal Kaveh (1916-1921), published in exile in Berlin and edited by the famous constitutionalist Hasan Taqizadeh, had led the movement of opinion against homosexuality... Their notion of modernization now included the normalization of heterosexual eros and the abandonment of all homosexual practices and even inclinations."

When Reza Kahn overthrew the monarchy's Qajar dynasty and made himself shah in 1925, he ushered in a new wave of reforms and modernization that included attempts to outlaw homosexuality entirely and a ferocious - ultimately successful - assault on classical Persian poetry. Iraj Mirza, previously known for his homoerotic poems, "joined other leading political figures of this period in encouraging compulsory heterosexuality." These politicians and intellectuals insisted that "true patriotism required switching one's sexual orientation from boys to women... Other intellectuals and educators pressed for the elimination of poems with homosexual themes from school textbooks."

Leading this crusade was a famous historian and prolific journalist, Ahmad Kasravi, "who helped shape many cultural and educational policies during the 1930s and 1940s." Kasravi founded a nationalist movement, Pak Dini (Purity of Religion), which developed a broad following. An admirer of MN, Kasravi preached that "homosexuality was a measure of cultural backwardness," that Sufi poets of homoeroticism led "parasitic" lives, and that their queer poetry "was dangerous and had to be eliminated."

Kasravi's Pak Dini movement "went so far as to institute a festival of book burning, held on winter solstice. Books deemed harmful and amoral were thrown into a bonfire in an event that seemed to echo the Nazi and Soviet-style notions of eliminating 'degenerate' art." Eventually, Prime Minister Mahmoud Jam, who held office from 1935 to 1939, acceded to Kasravi's demand that homoerotic poems be banned entirely from daily newspapers.

Kasravi "based his opposition to the homoeroticism of classical poetry on several assumptions. He expected the young generation to study Western sciences in order to rebuild the nation, and he regarded Sufi poetry as a dangerous diversion. As preposterous as it might sound, Kasravi also argued that the revival of Persian poetry was a grand conspiracy concocted by British and German Orientalists to divert the nation's youth from the revolutionary legacy of the Constitutional Revolution and to encourage... immoral pursuits."

Afary adds sorrowfully that "most supporters of women's rights sympathized with Kasravi's project because he encouraged the cultivation of monogamous, heterosexual love in marriage... In this period, neither Kasravi nor feminists distinguished between rape or molestation of boys and consensual same-sex relations between adults."

The expansion of radio, television, and print media in the 1940s - including a widely read daily, Parcham, published from 1941 by Kasravi's Pak Dini movement - resulted in a nationwide discussion about the evils of pederasty and, ultimately, in significant official censorship of literature. References to same-sex love and the love of boys were eliminated in textbooks and even in new editions of classical poetry. "Classical poems were now illustrated by miniature paintings celebrating heterosexual, rather than homosexual, love and students were led to believe that the love object was always a woman, even when the text directly contradicted that assumption," Arafy writes.

In the context of a triumphant censorship that erased from the popular collective memory the enormous literary and cultural heritage of what Afary terms "the ethics of male love" in the classical Persian period, it is hardly surprising as Afary earlier noted in "Foucault and the Iranian Revolution" that the virulence of the current Iranian regime's anti-homosexual repression stems in part from the role homosexuality played in the 1979 revolution that brought the Ayatollah Khomeini and his followers to power.

In that earlier work, she and her co-author, Kevin B. Anderson, wrote: "There is... a long tradition in nationalist movements of consolidating power through narratives that affirm patriarchy and compulsory heterosexuality, attributing sexual abnormality and immorality to a corrupt ruling elite that is about to be overthrown and/or is complicit with foreign imperialism. Not all the accusations leveled against the [the deposed shah of Iran, and his] Pahlevi family and their wealthy supporters stemmed from political and economic grievances. A significant portion of the public anger was aimed at their 'immoral' lifestyle. There were rumors that a gay lifestyle was rampant at the court. The shah's prime minister, Amir Abbas Hoveyda, was said to have been a homosexual. The satirical press routinely lampooned him for his meticulous attire, the purple orchid in his lapel, and his supposed marriage of convenience. The shah himself was rumored to be bisexual. There were reports that a close male friend of the shah from Switzerland, a man who knew him from their student days in that country, routinely visited him.

"But the greatest public outrage was aimed at two young, elite men with ties to the court who held a mock wedding ceremony. Especially to the highly religious, this was public confirmation that the Pahlevi house was corrupted with the worst kinds of sexual transgressions, that the shah was no longer master of his own house. These rumors contributed to public anger, to a sense of shame and outrage, and ultimately were used by the Islamists in their calls for a revolution."

Soon after coming to power in 1979, Ayatollah Khomeini established the death penalty for homosexuality.

In "Sexual Politics in Modern Iran," Afary sums up the situation for homosexuals under the Ahmadinejad regime in this way: "While the shari'a [Islamic law] requires either the actual confession of the accused or four witnesses who observed them in flagrante delicto, today's authorities look only for medical evidence of penetration in homosexual relationships. Upon finding such evidence, they pronounce the death sentence. Because execution of men on charges of homosexuality has prompted international outrage, the state has tended to compound these charges with others, such as rape and pedophilia. Continual use of these tactics has undermined the status of Iran's gay community and attenuated public sympathy for them. Meanwhile, many Iranians believe that pedophilia is rampant in the religious cities of Qum and Mashad, including in the seminaries, where temporary marriage and prostitution are also pervasive practices." (Full disclosure: in her section on gays in today's Iran, Afary cites my reporting several times and thanks me in the book's acknowledgements for sharing materials and insights with her.)

In this necessarily truncated summary of some of Afary's most significant and nuanced findings and revelations with respect to homosexuality, it is impossible to do justice to the full sweep and scope of "Sexual Politics in Iran," the larger part of which is devoted to the role of Iranian women, and to their struggles for freedom which began in the 19th century. But as Afary herself writes, "[F]or a very long time even talking about the pervasive homoeroticism of the region's premodern culture had been labeled 'Orientalism'... [but] increasingly I found that one could not simply talk about gender and women's rights, particularly rights within marriage, without addressing the subject of same-sex relations."

This she has done with uncommon sensitivity, intellectual rigor, engagement, subtlety, and skill.

And for that, both Iranian lesbians and gays and feminists in that nation owe Afary an enormous debt of gratitude, as do all of us concerned with sexual liberation for everyone worldwide.

Thursday, 19 February 2009

UK ordered to bring back gay asylum seeker illegally deported


The High Court has ordered the Home Secretary to secure the return of a gay man forcibly removed from the UK to his native country.

A judge condemned the failed asylum seeker's removal as "manifestly unlawful" and ordered Jacqui Smith to "use her best endeavours" to bring him back.

The judge warned that the practising homosexual, Mr X, and his homeland must not be named because he fears persecution and is in hiding.

The judge said it appeared to him that officers of the UK Border Agency, which is responsible for controlling migration, had "deliberately misled" Mr X and effectively deprived him of his right to seek legal advice before his removal.

Their actions were calculated "to avoid any complication that could arise from his removal becoming publicly known", said the judge.

In a statement seen by the court Mr X said that, last September, he was deceived into thinking he was being taken from Tinsley House immigration removal centre, located on the perimeter of Gatwick Airport, for an interview with an immigration officer.

Instead, without warning, he was taken in a van by four security men to a plane.

He said that when he resisted leaving the van he was handcuffed, punched in his private parts to make him straighten his legs so they could be belted together. Crying, he was lifted on to the plane and flown out of the country.

His mobile phone had been taken from him and he was given no chance to contact friends or lawyers, even though Home Office rules required that he should have 72 hours' notice of removal to give him a chance to make calls.

Lawyers for the Home Secretary conceded in court that his removal was carried out illegally.

But they argued flying him back to the UK was pointless because the 38-year-old was bound to lose the fresh asylum claim he now wanted to make.

Rejecting the submission, High Court deputy judge Sir George Newman ruled that the illegal actions of the UK Border Agency in removing him were "grave and serious", and justice required his return.

The judge said: "Justice requires he should, if possible, be brought back to this country so that he can make his claim as effectively as he can.

"Without hesitation, I exercise my discretion to grant the claimant a mandatory order that the Secretary of State should use her best endeavours to secure his return to the UK."

If returned, Mr X is expected to launch a claim for damages against the Government over his illegal treatment.

The judge described how he first arrived in the UK in September 2001 and worked here for some seven years before being earmarked for removal after the failure of his original asylum claim.

He had argued he feared persecution because his native country discriminated against homosexuals and he could be subjected to violence and ill treatment.

An unsuccessful attempt to remove him was made in the early hours of September 14 last year. The attempt was abandoned after he protested and refused to cooperate, saying that he was not aware of the response to fresh legal representations made on his behalf by the Refugee Legal Centre.

This somehow became known to the newspapers in the country to which he was due to be returned, said the judge.

The Refugee Legal Centre argued on his behalf that there was new evidence that he could face persecution.

But, without anybody's knowledge, arrangements were made to force his removal on September 18.

UK Border Agency officials took the "wrong-headed" decision that the new removal instructions did not trigger a fresh 72-hour notice period, said the judge.

They also wrongly thought Mr X was not entitled to notice in view of his "disruptive" behaviour when he resisted removal four days earlier.

The judge said agency officers must have known the 72-hour requirement was designed to provide an opportunity for a person being removed to have access to a lawyer for legal advice and possibly for the courts to become involved in the case.

The judge ruled that Mr X's account of how he was deceived and forced on to a plane with no chance to contact anyone was "credible".

He said he was also satisfied that the actions of the Border Agency officers were "deliberately calculated to avoid any complication that could arise from Mr X's removal becoming publicly known."

The judge added: "It seems to me they deliberately misled him to avoid him making any contact with the Refugee Legal Centre."

Mr X said in a statement seen by the court that, on his return to his homeland, his circumstances had become "quite desperate".

He had been beaten up during a period in detention and he had now gone into hiding to avoid being interviewed by the police about his homosexuality.

The judge said the evidence before him made it perfectly plain that Mr X had come to the notice of the authorities, and this had added to the risk of his human rights being breached by reason of his homosexuality.

He rejected the Home Secretary's argument that there was no point in him returning to the UK to pursue his asylum application.

The judge said: "I find it impossible to conclude, on the basis of the evidence as it now is, that there is not the real possibility that a judge might find that he is at risk if he is returned (to his homeland) by reason of his homosexuality."

USA balks at gay man’s asylum request


A gay man from the African nation of Sierra Leone is contesting a preliminary U.S. immigration decision to deny his request for political asylum.

Federal officials say the man, 29-year-old Dunrick Sogie-Thomas of Hyattsville, Md., failed to provide sufficient evidence that he would be subjected to arrest, torture and possibly death if forced to return to his home country.

But Sogie-Thomas says he was outed as gay last year in Sierra Leone, prompting members of his family to threaten to have him killed should he return to the capital city of Freetown, where he was born and raised.

The laws of Sierra Leone, a former British colony, classify homosexual acts as a crime punishable by up to life imprisonment.

“Dunrick gravely fears and is at particular risk of being arrested, tortured, detained, imprisoned, or killed by both his family and the authorities,” according to a 12-page brief that his attorney filed earlier this month with the U.S. Citizenship & Immigration Services.

In November, the CIS, an arm of the U.S. Department of Homeland Security, issued a Notice of Intent to Deny an application for asylum that Sogie-Thomas filed on his own without the help of an attorney.

“In order to receive asylum, an asylum-seeker must show actual past persecution or a well-founded fear of future persecution on account of race, religion, nationality, membership in a particular social group or political opinion,” said Asylum Office director Ann M. Palmer in her Nov. 19 Notice of Intent to Deny Sogie-Thomas’s asylum request.

“The persecutor you fear [is] that portion of the general society that is homophobic,” Palmer said in the notice. “You have not shown that such a persecutor is aware of your characteristic,” she said. “You have not shown that the government has an inclination to persecute you.”

Sogie-Thomas has since retained the services of attorney Christopher Nugent of the Washington law firm Holland & Knight, which specializes in immigration and asylum cases. Nugent said the firm was able to take Sogie-Thomas’s case on a pro-bono basis because he is unemployed and could not afford the legal fees associated with an asylum application.

Nugent said that Sogie-Thomas was unfamiliar with the legal precedents and procedural issues that could have helped him make a stronger case for asylum.

Among the points that Nugent stressed in subsequent legal documents filed on Sogie-Thomas’s behalf is that Sogie-Thomas avoided persecution in the past by concealing his sexual orientation from his family, neighbors and co-workers.

But his quiet life in the closet was shattered last summer, Nugent said, when Sierra Leone police raided the apartment of his domestic partner and discovered photographs of Sogie-Thomas and his partner engaging in sex.

Authorities then appeared at the home of his parents and relatives as well as at his place of work, informing his family members and employer and
co-workers that he is gay, Nugent said.

“We’re hopeful that the asylum office will reconsider their decision given the clear risk of harm, including torture, incarceration or death to our client, Dunrick, based on the plethora of additional evidence that’s been submitted,” Nugent said.

“It shows that there’s a clear pattern and practice of persecution of outed homosexuals in Sierra Leone,” he said. “We believe he would even face the prospect of being arrested upon arrival at the airport.”

Visa expires next week

Sogie-Thomas has been living in the U.S. since August on a tourist visa that is scheduled to expire Feb. 27. If the CIS doesn’t act on his asylum application by that time, immigration authorities would likely begin deportation proceedings against him, Nugent said.

Sogie-Thomas could appeal the deportation action, Nugent said, but he was hopeful that the asylum application would be approved soon on the administrative level by the CIS.

In a legal brief filed earlier this month, Nugent says that Sierra Leone police confiscated sexually explicit photos of Sogie-Thomas and his domestic partner during a police raid of the partner’s apartment in August. Police raided the apartment as part of an investigation into allegations that the partner was involved in a cocaine ring. Sogie-Thomas has said he was not aware of his partner’s alleged involvement in drug trafficking until the time of the man’s arrest in July.

Nugent’s brief says that authorities in Sierra Leone visited Sogie-Thomas’s family members, including his mother, at their homes in Freetown to inform them about the discovery of the photos, which show Sogie-Thomas and his partner engaging in sexual acts with each other.

Sogie-Thomas said he and his partner sometimes photographed themselves engaging in sex. He said the photographs were taken and remained in the privacy of their homes. Authorities discovered them on the hard drive of his partner’s computer shortly after the partner was arrested, Sogie-Thomas said.

Nugent’s brief says Sogie-Thomas was in the United States visiting other relatives in Illinois at the time authorities in Sierra Leone informed the family that they had obtained proof through the photographs that Sogie-Thomas is gay.

According to Sogie-Thomas, his mother called him at one of his relatives’ homes in Chicago to inform him the family had “disowned” him.

“She told me that if I ever come back home, they would have me killed,” Sogie-Thomas said.

He said other relatives called him to inform him that police contacted them to inquire about his whereabouts.

“They said the police were looking for me, that they wanted to talk to me,” Sogie-Thomas said.

Nugent said that human rights organizations continue to report cases of “honor killings” in Sierra Leone by people who believe a member of their family has disgraced the family because of certain actions, including the discovery that a relative is gay.

Nugent also says in his brief that Sogie-Thomas and his domestic partner had befriended a lesbian activist in Sierra Leone who was later murdered in an incident that gay rights supporters consider an anti-gay hate crime. He points to press reports in Sierra Leone that a man charged in the lesbian activist’s murder later escaped from a prison and remains at large, a development that has led activists to suspect that law enforcement officials either condoned the killing or were involved in the crime.

Current legal requirements call for a U.S. asylum applicant to prove that he or she has suffered past persecution in a foreign country or that he or she can show that there’s a strong likelihood of suffering from persecution in the country in the future.

U.S. immigration officials traditionally have granted asylum when they were persuaded that an applicant would face persecution based on race, religion, nationality, political opinion or membership in a particular social group.

In 1994, under the administration of President Clinton, immigration officials began to recognize persecution based on sexual orientation as grounds for asylum under the “social group” category. Beginning in the Clinton administration, immigration officials also approved asylum applications for transgender and HIV-positive individuals under the “social group” category.

But the New York-based gay advocacy group Immigration Equality has said that cases like Sogie-Thomas’s are difficult to win because the applicants have yet to experience outward persecution, such as an arrest or physical injury or threat.

Tantamount to a death sentence’

Chris Ratigan, a spokesperson for the Citizenship and Immigration Services office, said the office never comments on pending asylum cases, which are considered confidential.

“Our asylum officers are highly trained,” she said. “They make decisions on a case-by-case basis.”

Ratigan said the office approves asylum applications in about 33 percent of the cases.

A spokesperson for the Sierra Leone Embassy in Washington did not immediately respond to a request for comment on the allegations made in Sogie-Thomas’s asylum application that widespread anti-gay persecution is occurring in the country.

U.S. Rep. Barney Frank (D-Mass.) sent a letter to the Citizenship & Immigration Services office in support of Sogie-Thomas’s asylum application.

“I have been informed through many human rights reports and human rights activists of the life-threatening conditions that openly gay people face in Sierra Leone, including risk of abuse and imprisonment and risk of immediate arrest, imprisonment, torture, and death by authorities,” Frank says in his letter. “If Mr. Sogie-Thomas is forced to return to Sierra Leone, he will surely not be able to live as an openly gay man and will face life-threatening conditions from not only the authorities, but also his family.”

In an interview with the Blade, Sogie-Thomas said he and his domestic partner managed to avoid persecution and threats by concealing their sexual orientation since the time they became a couple in 2004.

The two met in London, where both had traveled to visit family members. Sogie-Thomas, who is a native English-speaker, said he studied to become a social worker in London and worked for five years at a London-based, non-profit social services organization that helps abused children.

While living in London, Sogie-Thomas said family members there pressured him into entering into a relationship with an American-born woman who became the mother of his daughter.

“During this time, Dunrick tried to suppress his gay identity, however secretly continued his relationship with his [male partner], even after returning to Sierra Leone in 2006,” says the brief filed on behalf of his asylum application.

Upon his return to Sierra Leone in December 2006, he helped form another non-profit group that provides counseling and social services for troubled and disadvantaged youth, Sogie-Thomas said. He and his partner, a prominent Freetown businessman, continued their hidden relationship as domestic partners until the time of the partner’s arrest on drug-related charges in July 2008.

Sogie-Thomas said he last saw his partner when he visited the man in jail shortly after the arrest.

“He urged me to get out of the country,” said Sogie-Thomas. “He was afraid they would link me to the drug case, even though he said he told everyone I was not involved.”

Telling family members and co-workers that he wanted to visit his daughter, who was then living in Illinois with her mother, Sogie-Thomas made arrangements to travel to the U.S. In August, family members and co-workers in Sierra Leone phoned him in the U.S. to inform him that police were looking for him and had disclosed that he is gay.

“He’s reportedly the talk of Sierra Leone,” Nugent said. “It’s a very small country. Now he’s a well-known gay who is seen as the cause of shame for the family, culture, community and his country. It’s tantamount to a death sentence for him to go back.”

Source

Sunday, 15 February 2009

"There are absolutely no gays or lesbians in Nigeria"


NIGERIA appeared at the United Nations in Geneva before the UN Human Rights Council to defend its human rights record.during the week.

Under its Universal periodic review mechanism proceedure in a session lasting three hours Cheif Ojo Madueke presented an overview of Nigeriaa human rights situation adressing issues raised by members of the Council on the Rights of Women, Death penalty and Nigerias Criminal Justice system, The Niger Delta, extra judicial killing and the state of prisons in Nigeria.

His presentation caused a stir when he informed members of the council that the government of Nigeria had been unable to locate persons of gay and sexual orientation,despite concerted efforts by his ministry to include this category of persons in the consultations on the human rights situation in Nigeria.

He further informed the audience that his ministry located only one woman of lesbian orientation and when invited to participate in a discussion on the rights of gay and lesbian persons, the lady informed his Ministry that she was pregnant.

Also speaking at the review process Cheif Micheal Aondoaka, Attorney -general of the Federation and Minister of Justice informed the audience that the government of Nigeria does not condone torture as an official policy. He said the acrtivities of the government of Nigeria is based in the rule of law and President Umaru Yar Adua was committed to the observance of the rule of law in all it activities.

Senator Eme Ekaete, Chairperson senate commitee on women in her contribution said that the government of Nigeria had made tremendous progress with respect to the rights of women and the ability of women to participate in public life. She cited the improvement in the number of women in the national assembly as well as in the executive.

Speaking on the Niger Delta she told members of the council to distinguish between criminality and the genuine aspirations of the people of the Niger Delta for better living. In his contribution Senator Umaru Dahiru, Chairman Senate Commitee on Human Rights, assured members of the council that the National Assembly was commited to ensuring the independence of the National Human Rights Council.

He said that the enabling law of the Council is before the senate and will be passed into law as soon as possible.

The Universal Periodic Review (UPR) is a new and unique mechanism of the United Nations which consists of the review of the human rights practices all States in the world, once every four years.The United Nations Human Rights Council (UNHRC) is an inter-governmental body within the United Nations System.

Olawale Fapohunda leader of the Human Rights NGO delegation to the Council stated that the UPR process is a positive development for the promotion and protection of the rights of Nigerians. He said this is an additional protective mechanism to guarantee the rights of Nigerians.

A report on the state of human rights in Nigeria is expected to the adopted by the Human Rights council on Wednesday.

The UNHRC is the successor to the United Nations Commission on Human Rights (CHR), and is a subsidiary body of the United Nations General Assembly. Based in Geneva, the UNHRC’s main purpose is to make recommendations to the General Assembly about situations in which human rights are violated. The UNHRC has no authority except to make recommendations to the General Assembly.

The General Assembly has no authority except to advise the Security Council.

Source

Gay Nigeria News & Reports

Friday, 13 February 2009

On Valentine’s Day, Binational Gay and Lesbian Couples Struggle to Stay Together


WASHINGTON, D.C. – Immigration Equality, the national group aimed at ending anti-LGBT discrimination in immigration law, and the Human Rights Campaign, the nation’s largest lesbian, gay, bisexual and transgender civil rights organization, lauded today’s introduction of the Uniting American Families Act. The bill, sponsored by Rep. Jerrold Nadler (D-NY) and Sen. Patrick Leahy (D-VT), will provide lesbian and gay Americans the same opportunity as different-sex couples to sponsor their partner for immigration purposes.

During a media conference call, Rep. Nadler joined Immigration Equality Executive Director Rachel B. Tiven, HRC President Joe Solmonese, and Mexican American Legal Defense and Educational Fund Legislative Staff Attorney John Amaya to discuss the importance of this legislation, along with two binational couples who face the prospect of being forcibly separated under existing immigration laws.

“It should be an outrage to all Americans that our government continues to deny one set of citizens the fundamental rights enjoyed by the rest of its citizens,” said Rep. Nadler. “It is time that we as a society finally acknowledge that a committed, loving family is a committed, loving family, no matter whether a couple is gay or straight. It makes no difference. We should be encouraging and rewarding stable families rather than sweeping them into the margins. We must now pass UAFA, the Uniting American Families Act, and grant gay and lesbian binational families the same legal protections—and the same human dignity—as other Americans.”

“Like many people across the country, there are Vermonters whose partners are foreign nationals and who feel abandoned by our laws in this area. The promotion of family unity has long been part of federal immigration policy, and we should honor that principle by providing all Americans the opportunity to be with their loved ones. I hope all Senators will join me in supporting equality for all Americans and their loved ones,” said Sen. Leahy.

Under U.S. immigration law, U.S. citizens and legal permanent residents may sponsor their spouses for immigration purposes. But gay and lesbian Americans are not afforded this basic right. Consequently, many binational gay and lesbian couples are kept or torn apart. The Uniting American Families Act would allow U.S. citizens and permanent residents to sponsor their same-sex partners for family-based immigration by meeting the same standard as different-sex couples. The bill would impose harsh penalties for fraud, including up to five years in prison and as much as $250,000 in fines.

“This Valentine’s Day, thousands of gay and lesbian Americans who have fallen in love across borders must grapple with an impossible choice between being with the person they love and staying in their country,” said Immigration Equality Executive Director Rachel B. Tiven. “These couples simply want the same opportunity to prove that their families deserve to stay together.”

“For far too long, our elected officials have ignored the devastating real-life consequences that current immigration policies have had on thousands of gay and lesbian couples in loving, committed relationships,” said Human Rights Campaign President Joe Solmonese. “We thank Representative Nadler and Senator Leahy for their leadership to ensure that these couples are treated equally under the law. We commend Immigration Equality for their continued leadership in fighting this unjust policy.”

This inequality affects more than 36,000 gay and lesbian Americans, according to the 2000 Census and research commissioned by Immigration Equality and conducted by Gary Gates of the Williams Institute at the University of California, Los Angeles.
Audio of the call held today can be accessed at http://www.immigrationequality.org/blog/ and http://www.hrcbackstory.org.

Immigration Equality is the only national organization devoted to fighting for equal treatment under U.S. immigration law for lesbian, gay, bisexual, transgender and HIV-positive immigrants and their families and to winning asylum for LGBT and HIV-positive people fleeing persecution.

The Human Rights Campaign is America’s largest civil rights organization working to achieve lesbian, gay, bisexual and transgender equality. By inspiring and engaging all Americans, HRC strives to end discrimination against LGBT citizens and realize a nation that achieves fundamental fairness and equality for all.

Source

Thursday, 12 February 2009

Gay Activists/Lawyers Attend Groundbreaking Meeting in Africa


The International Gay and Lesbian Human Rights Commission (IGLHRC), Global Rights, Interights and the Kenyan Section of the International Commission of Jurists have just concluded a groundbreaking four-day workshop on legal strategies for promoting lesbian, gay, bisexual and transgender (LGBT) rights in Africa.

The meeting, the first-ever dialog between lawyers who have worked on litigation related to LGBT rights and African LGBT leaders, was held in Cape Town, South Africa and attended by 45 participants from 11 African countries— Botswana, Cameroon, Ghana, Kenya, Malawi, Morocco, Namibia, Nigeria, South Africa, Uganda, and Zimbabwe.

Participants reviewed key pieces of litigation to document lessons learned. These cases included an unsuccessful challenge to Botswana's sodomy laws in 2003 (Kanane v. Botswana), the prosecutions of 11 gay men in Cameroon in 2006, the arrests of two women in Rwanda on charges related to sexual orientation in 2008, and the ongoing trial of 18 young men in Northern Nigerian on charges of cross-dressing and homosexuality.

A high point of the meeting was the discussion of Ooyo and Mukasa v. Attorney General of Uganda, a case settled in December 2008, in which two transgender activists successfully challenged the unconstitutional invasion of their home and their mistreatment by local police and elected officials. One of the litigants, as well as the lead counsel, key donors, and local organizers from Uganda were present at the meeting.

Cary Alan Johnson, IGLHRC's new Executive Director was present.

Lawyers, activist leaders and donors attending the meeting acknowledged the importance of impact litigation for repealing sodomy laws and challenging other discriminatory statutes and policies. Such litigation however needs to be situated within the context of local, national and regional LGBT organizing. Participants discussed the need for security for lawyers defending LGBT clients and causes. Many of the lawyers at the meeting had faced attacks on their reputations, attempts at disbarment, and even physical violence.

Participants ended the meeting with a call to create a multi-faceted LGBT legal fund for Africa and a training and support network for African lawyers working on sexual rights cases.

Source

New report reveals serious flaws in asylum process


The report from the National Audit Office (NAO), Management of Asylum Applications by the UK Border Agency, is concerned with value for taxpayers' money, and at first sight therefore is not a promising source. But its concern for value for money leads it to unearth flaws which have serious consequences for asylum seekers and their families.

For example, the revelation that over a quarter of asylum claimants do not have a full screening interview explains and corroborates complaints by solidarity groups about manifestly inappropriate detention in the 'detained fast track' of those who simply shouldn't be there: either because their cases are clearly too complex to be resolved within days - the criterion for being in the fast track, or because they have been tortured or suffer serious medical problems.

In a devastating aside, the NAO observes that 'not all staff are clear whether there are criteria for selecting cases' for the detained fast track. It points out that in the eighteen months from January 2007, 842 claimants had to be taken out of the fast track because their cases were too complex - including almost 50 per cent of those held at Yarl's Wood removal centre in Bedford.

The human cost of such wrongful detention is massive, and the report does refer to Her Majesty's Chief Inspector of Prisons' concerns about the detention of children, particularly disabled children, in the context of its observation that the average length of families' detention has risen from eight to fifteen days.

Yet the narrowness of its brief leads the NAO, elsewhere in the report, to endorse the UK Border Agency's (UKBA) plans for yet further expansion of detention, from around 2,500 to 4,000 places, in order for it to achieve the 'tipping point' target of removing more failed asylum seekers than the number of new, unsuccessful claims.

The observation that staff are sometimes unaware of the criteria for fast track detention is one of a number of indications of inadequate training and/or performance revealed by the report. Case owners (who take a case through from beginning to end) sometimes take on 'live' cases before they have completed their training and, more crucially, before any assessment of their competence has taken place.

In 13 per cent of cases, the quality of their interviews of asylum claimants and of their decision letter is assessed as poor or 'not fully effective'. In a fifth to a quarter of cases, appeals against their decisions are successful, but the lessons from allowed appeals are not disseminated or learned. There is no systematic quality control of their decisions.

The report also complains that case owners have been taking far too long (twenty days on average) to decide whether an asylum seeker is eligible for support, too long in deciding claims (in the eighteen months from January 2007, only 16 per cent of claims were decided within a month and 33 per cent within two months) and too long again (up to twenty-eight days) to forward appeal decisions on to claimants.

The delays mean that while the scandalous old backlog of undecided asylum claims, which stood at around 400,000 when the new case-owner system started in March 2007, is being tackled and has been reduced by about 90,000, a new backlog is being created.

The limbo of waiting for years for an asylum claim to be decided is a very upsetting and difficult aspect of claimants' existence. Worryingly, it appears that the UKBA has no plans in place to deal with reviewing the entitlement of refugees, and of young people granted discretionary leave to the age of 17½ - a lack of planning which is likely to create further delays and further desperation.

The report has been broadly welcomed by the Refugee Council and by Children and Young People Now, a consortium of organisations working to promote refugee children's rights, for pointing to the ways in which the asylum system continues to do less than justice to the vulnerable people it purports to serve.

Source

17,000 Asylum Seekers' Files Lost

Last month it was revealed that the backlog of asylum cases had more than doubled by 8,700 over the year leading up to mid-2008, despite the introduction of the so-called New Asylum Model (Nam), designed to speed up and improve decision making.

The National Audit Office report criticised a second backlog of unresolved asylum applications under the old system, that totalled up to 450,000 in June 2006 but which had been reduced via 'fast-tracking' to 245,000 by last summer.

Now we know why at least some of these applicants are having to wait in bureaucratic limbo for years. It's all down to the usual government inefficiency i.e. 'lost files' which has, according to the Guardian, "plunged the asylum system into chaos."

According to immigration caseworkers, the number of lost files, which include the names, dates of birth, passport numbers and addresses of people applying to stay in Britain as well as details of their children, has escalated because more casework is being done by regional offices, instead of offices in central London. As a result, more paper files are being transported across the country and being lost in transit.

According to a UK Border Agency statement, on 10 November 2008 there were 17,208 principal files officially recorded as lost. And as a direct result the affected applicants have had to begin the process again, while still being unable to work or claim benefits.

Source

Gays who face persecution should be given asylum says EU


The European Commission has affirmed that persecution on grounds of sexual orientation is a legitimate justification for an asylum claim.

The question was prompted by an initial rejection in Cyprus of a claim by a gay Iranian asylum seeker, a rejection which was later overturned and the claim granted.

The Commission has confirmed that there is "an obligation on Member States to grant refugee status to persons who…. are found to have a well-founded fear of persecution for reasons of membership of a particular social group, including a group based on a common characteristic of sexual orientation."

The Commission was responding to a question from MEPs.

Sarah Ludford, who is Liberal Democrat European justice & human rights spokeswoman, said:

"I strongly welcome this robust statement by the Commission on the responsibility of Member States to uphold their international commitments to refugees and recognise persecution on all legitimate grounds including sexual orientation.

"Such persecution is very much a reality for gay and lesbian people from countries such as Iran.

"Iranians Mehdi Kazemi and Mr Bagherian were both eventually granted residence in the UK and Cyprus respectively but in both cases it was a struggle requiring a lot of lobbying.

"I hope that EU states will now heed the Commission and deal with future cases quickly and efficiently so that those who've been persecuted on the grounds of their sexuality can be spared further distress."

Gay activists in the UK have started a petition on the Downing St website calling on the Prime Minister "to stop deporting gays and lesbians to countries where they may be imprisoned, tortured or executed because of their sexuality."

Last week it was reported that the United Kingdom Border Agency (UKBA) was to deport a man who claims he is gay back to Iraq.

His original application for asylum in 2001 did not mention his homosexuality.

Gay rights groups condemned the decision to deport the man, and the UKBA's assertion that he should be safe if he is "private" about his sexuality.

"Even if your client's homosexuality were to be established it is viewed that it would be possible for your client to conduct such relationships in private on his return to Iraq," the agency said in a letter to the man's lawyers.

"This would allow your client to express his sexuality, albeit in a more limited way than he could do elsewhere."

Iraqi LGBT says that more than 430 gay men have been murdered in Iraq since 2003.

In November a leading gay activist in Iraq was assassinated. 27-year-old Bashar was one of the organisers of safe houses for gay men in Baghdad and was co-ordinator of Iraqi LGBT in the city.

A UN report in 2007 highlighted attacks on gays by militants and religious courts, supervised by clerics, where homosexuals allegedly would be 'tried,' 'sentenced' to death and then executed.

Source

Gay refugees safe in Toronto


Two Iranian lovers who claim they face death in their homeland because they're homosexuals touched down at Pearson airport last night after being granted refugee status in Canada.

Ali, 32, and Mohammad, 25, a student, arrived in Montreal after a long trip from India and then boarded another flight to Toronto, where they will be staying with friends.

Organizers, who were to meet the men at Pearson, didn't release their surnames yesterday to protect their family members in Iran.

"It took them three years to get here," said Arsham Parsi, of Iranian Queer Railroad, who helped bring the men here. "Canada is a gay-friendly country and they will be successful here."

Parsi said the men, who are both college educated, left Iran in 2005 because of their sexual orientation and made their way to New Delhi, India, where they sought and obtained help from the United Nations High Commission for Refugees (UNHCR).

Parsi said it's against the law to practise homosexuality in Iran and the couple could be arrested and sentenced to death.

"Canada is a better environment and offers more support for these people," Parsi said. "Iran is not known as a gay-friendly country."

The men, in an interview with Parsi, said they couldn't wait to get to Canada -- and freedom.

"This news is a testament to what international community support can help achieve," he said, adding his group has asked supporters to e-mail their MPs.

The men said the UNHCR made an "urgent and high priority" plea for their resettlement at the Canadian embassy in New Delhi.

He said his organization has helped more than 60 gay Iranian refugees resettle in Canada, the U.S. and Australia.

"There are many more Iranian queer refugees who are still being processed," Parsi said.

Source

Wednesday, 11 February 2009

Pegah Emambakhsh wins!


Just received a message that finally, after far, far too long, Iranian lesbian Pegah Emambakhsh has refugee status in the UK.

No more detail yet but this is amazing news.

UPDATE:
"I could not believe it. I did not read any papers so far" Pegah said in a telephone conversation with IRQR today at 11:00 PM London time zone. She continued "Few hours ago I received a phone call from my lawyer that I granted refugee status. I will meet my lawyer tomorrow and I have to read that paper several time to make sure I am free from now. I hope all of people can achieve their dreams" This has been a long struggle but is a real vindication of what can be achieved when we all work together.
UPDATE: From article in The Independent:
Asylum rights groups have been pressing the British Government to introduce a moratorium on returning gay and lesbian refugees to Iran, where homosexuality is still considered a crime. But the Home Office made clear last night that it was not prepared to grant a blanket exemption in such cases. A spokesman for the UK Border Agency said: "We consider each case on its individual merits and, whenever someone needs our protection, we grant it. We constantly monitor the human rights situation in countries like Iran and press for an end to abuses, but we do not believe that everyone claiming to be a homosexual from Iran is in need of international protection."

Monday, 9 February 2009

Vidéo: L'appel à l'aide de Babi Badalov, demandeur d'asile homosexuel persécuté dans son pays



Il y a quelques semaines, Philippe Colomb, président de Solidarité Internationale LGBT, nous a alerté sur le cas de Babi Badalov, artiste ouvertement gay originaire d'Azerbaïdjan (voir son blog ici) et qui a fui son pays à cause des persécutions liées à son orientation sexuelle. Après avoir séjourné en Angleterre (d'où il a été expulsé fin 2008), Babi est désormais en France et tente une nouvelle fois une demande d'asile, soutenu par quelques proches et des associations.

Nous avons rencontré Babi (voir la vidéo ci-dessus). Pour Yagg, il raconte son calvaire et son combat pour vivre libre et ne plus subir la peur au quotidien. Nous devons soutenir Babi. La mobilisation compte. L'Ardhis (Association pour la reconnaissance des droits des personnes homosexuelles et transsexuelles à l'immigration et au séjour) suit son dossier. Si vous souhaitez vous aussi soutenir Babi, le meilleur moyen est de prendre contact avec cette association. Nous ne manquerons pas de relayer les actions en sa faveur.

~~~~~~

It has been a few weeks since Philippe Colomb, president of International solidarity LGBT, alerted us on the case of Babi Badalov, the openly gay artist originating in Azerbaïdjan (see his blog here) who fled its country because of persecutions related to its sexual orientation. After having remained in England (from where he was expelled at the end of 2008), Babi is now in France and has tried once again a request for asylum, supported by some close relations and associations.

We met Babi (see the video above). For Yagg, he tells his martyrdom and his combat to live free and not to undergo the fear with the daily newspaper more. We must support Babi. The mobilization counts Ardhis (Association for the recognition of the rights of the homosexual people and transsexuals to immigration and the stay). If you also wish to support Babi, the best means is to contact this association. We will not fail to relay the actions in its favour.

Christophe Martet and Yannick Bores

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