Showing posts with label US State Department. Show all posts
Showing posts with label US State Department. Show all posts

Thursday, 19 January 2012

Honduras is test of new American policy on gay rights

Protester holds up image of murdered gay leader Walter Trochez
Source: Tri-City Herald

By Tim Johnson

From U.N. chambers to the halls of the State Department, global pressure on countries to protect the rights of homosexuals and transgender people is rising.

For Josue Hernandez, the new emphasis can't come fast enough.

The 33-year-old gay activist bears the scar of the bullet that grazed his skull in an attack a few years ago. He's moved the office of his advocacy group four times. Still, he feels hunted in what is arguably the most homophobic nation in the Americas.
"We are in a deplorable state," Hernandez said of homosexuals in Honduras. "When we walk the streets, people shout insults at us and throw rocks. Parents move their children away."
Three months ago, a U.N. report declared that discrimination against lesbian, gay, bisexual and transgender people — or LGBT — violates core international human rights law. It listed nations where violations are most severe.

Joining a push that originated in Europe, the Obama administration said in December that respect for LGBT rights is now a factor in its foreign policy decisions.
"Gay rights are human rights, and human rights are gay rights," Secretary of State Hillary Clinton said in what diplomats described as a landmark speech Dec. 6 in Geneva. "It is a violation of human rights when governments declare it illegal to be gay, or allow those who harm gay people to go unpunished."
But even as that view grows more prevalent, it has yet to translate into better security, less hostility or fewer killings in places like Honduras, a nation of 8 million people in Central America.

Since the beginning of 2010, Honduras has tallied at least 62 homicides within the LGBT community, and some experts say the count may be far higher. Some victims have been mutilated and even burned.

The killing of homosexuals is part of broader lawlessness. Honduras registered more than 6,700 homicides last year and has the highest per capita murder rate in the hemisphere.

One recent victim was Carlos Porfirio Juarez, a 25-year-old deaf mute who was taking hormones as part of a switch in gender to become "Karlita."

On Dec. 4, Juarez vanished while seeking sex clients at the Obelisco Park near the army general staff headquarters in Comayaguela, a city adjacent to the capital, Tegucigalpa.
"She didn't have a purse, a cellular phone or anything of value," said Jose Zambrano of the Association for a Better Quality of Life for those Infected with HIV/AIDS in Honduras.

"Only her life," added Zambrano's sister, Sandra, a leader of the group.

Monday, 9 January 2012

Looming Internet 'disaster' for Iranian LGBT

By Paul Canning

Iran is instituting new clampdowns on Internet use, and is about to cut itself off from the World Wide Web. Activists trying to support gay people inside Iran say this will be "a disaster".

Iran has placed new restrictions on cybercafes and is preparing to launch a 'National Internet' as part of an online war between Iran and the US and with Iranian democracy activists.

Saghi Ghahraman of the Iranian Queer Organization, an exile organisation which supports people inside Iran and particularly those who need to flee, told LGBT Asylum News that LGBT Iranians will be a casualty of this war as much of what her group does "in terms of communications and both-ways advocacy is done via Internet".

Iranians, like Chinese Internet users, have found ways of going around existing web barriers (Facebook is one of five million blocked websites but it still has 17 million Iranian members) but censorship and monitoring still causes practical problems.

Ghahraman said that recently a gay man "was traced" and they tried to help him to flee Iran, but "he couldn't do it because he had no access to internet at home (the lodgings he was using), and he couldn't down load files we sent him to read to get info, because internet cafes don't allow downloading without the cafe net owners permission and knowledge of the content. The guy could be harmed many times by his own family and by [government] agents."

New rules will make these barriers even higher with cafe owners ordered to check identity cards and record them against their owner's Internet use, which they have to keep records of for at least six months.
"Right now, when a young gay man in a remote village fears for his life, or a TS [transsexual] student is hurt by university staff, or someone is missing, or an activist wants the translation of a piece of news, we reach out and help, and believe me it goes way beyond what I can or I am allowed to put to word," says Ghahraman.

"Being connected to the outside, having access to internet and phone lines, for the ordinary people as well as the activist is what that saves their lives."
A gay Iranian exile explained to LGBT Asylum News that all Iranian Internet access currently passes through two Internet servers:
"Now they are planning to unplug internet from these two servers and it means there would be no more internet in Iran."

"If they unplug internet nobody can access to internet in Iran anymore. This would result in no contacts through internet to outside of Iran, no more news broadcasting, no more activities!"

Says Ghahraman, "even communication within Iran is going to be impossible."
Since 2009 and the disputed presidential election, Iran has been planning to shut off Internet access. In April, a senior official, Ali Agha-Mohammadi announced government plans to launch what he called "Halal Internet".

Iranian newspaper Roozegar has reported that the existing Internet access has dramatically slowed, because, it believes, the new 'National Internet ' is being tested.

Speaking to the Guardian on condition of anonymity, an Iranian IT expert with close knowledge of the 'National Internet' project, said that the prime reason for its creation is not actually the opposition to the government but security in the wake of the Stuxnet attack on Iran's nuclear project.

That computer virus, believed to have been a joint US/Israeli project, devastated the uranium enrichment project, as Iran eventually admitted.

The US is funding 'shadow' communications projects globally, including what's called “Internet in a suitcase” which would smuggle technology into countries like Iran.

But Ghahraman said that Western governments had not been effective in supporting the opposition as well as LGBT people in Iran. She criticised "sanctions that hurt people", and urged them to "find ways to isolate and limit the regime of Iran".

One suggestion from activists to the looming Internet access "disaster" would be free telephone access to a dial-up server connecting to the Internet - a technique used in Egypt when that government cut off Internet access earlier this year.
"But it won’t last for a long time," the gay exile said. "[The] government can easily ban the telephone line of this server. So it can be used at most for two months for few people."
The Iranian IT expert also told the Guardian that Iran is working on software robots to analyse emails and chats. For this, and the 'National Internet', Iran is believed to be relying on Chinese technology, although that is denied.
There have been allegations before of the involvement of Western companies in Iran's Internet and censorship monitoring regime. In October the new head of Tunisia's Internet agency alleged that Western companies had secretly offered a free censorship software deal to the now overthrown regime in exchange for testing it on Tunisian Internet users.

Iran's attitude to its LGBT citizens was underscored last week when the head of Iran’s High Council for Human Rights told German politicians in a visit to Berlin that gay marriage is “immoral” and that homosexuality is a “disease.”
“The West says that the marriage of homosexuals should be allowed under the human rights charter, however, we think it is sexual immorality and a disease.”

“Why should we see a disease as a way of life, instead of maintaining our views on homosexuality and act accordingly?” Mohamed Javad Larijani was quoted as saying.
Ghahraman says that the regime is 'aiming on getting rid of all everyone who is not submissive to the regime'.
"Those who are not submissive are not only political opposition, but the ordinary people, among them the LGBT, women, the poor, the ethnic minorities, religion minorities, the young generation, the sick, and everyone who has lost bits of freedom or health or livelihood or loved-ones under this regime. So, the aim is to draw a curtain around the country and butcher the people."
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Standing up to bullies



Hillary Clinton at the U.N. Human Rights
Council in Geneva on Dec. 6, 2011
By F. Young

Here's a story by Kristen Wolfe:
"Yesterday I had a pair of brothers in my store. One was maybe between 15 and 17. He was a wrestler at the local high school. Kind of tall, stocky and handsome.

He had a younger brother, who was maybe about 10 to 12 years old. The only way to describe him was scrawny, neat, and very clean for a boy his age.

They were talking about finding a game for the younger one, and he was absolutely insisting it be one with a female character."
Read the rest of this moving story at HuffPost.

Wolfe's story of two brothers and their dad gives me hope that, just maybe, the messages about the importance of bystanders speaking out against bullying are finally getting through. But it is still so rare.

I consider the way that many countries treat LGBTI's as bullying. So, Wolfe's heartwarming story reminds me of Hillary Clinton's speech at the U.N. Human Rights Council in Geneva on Dec. 6, 2011:
"And finally, to LGBT men and women worldwide, let me say this: Wherever you live and whatever the circumstances of your life, whether you are connected to a network of support or feel isolated and vulnerable, please know that you are not alone. People around the globe are working hard to support you and to bring an end to the injustices and dangers you face. That is certainly true for my country. And you have an ally in the United States of America and you have millions of friends among the* American people."
Inspiring words. Even if it turns out that the USA delivers only a fraction of this, it's a huge help, and so rare (though not unprecedented) and desperately needed.

Related articles:

Thursday, 29 December 2011

US State Department issues amazing LGBT video



By Paul Canning

The US State Department has followed up on Hillary Clinton's historic speech to the United Nations in Geneva with this video - one which could have been produced by an LGBT organisation and actually has the same style as those produced by many working for international LGBT rights.

The video uses some of the most reported excerpts from the hour long speech she gave on the same day that the White House issued a memorandum ordering all agencies and departments to support LGBT rights internationally.

Saturday, 17 December 2011

What preceded Hillary Clinton's UN speech?

By Douglas Sanders

Hillary Clinton’s fine speech in Geneva on LGBT rights saw the US playing catch-up to initiatives of a dozen other Western countries. As activists, we welcome the US to the process. But dawn is not yet breaking everywhere.  There are many time zones.

In the years since the Second World War lesbians and gay men have gradually been recognized as legitimate minorities in the West. Soon half of Western Europe will have legal same-sex marriage (and most of the rest will have registered partnerships in parallel with heterosexual marriage). Latin America has begun to follow the same path, with marriage in two key states (Argentina and Mexico) and equal rights in other places (including strong leadership by Brazil). 

The combination of Western European and Latin America support has turned the tide at the United Nations, allowing (a) the accreditation of LGBT NGOs for lobbying purposes, (b) support from UN human rights experts, and (c) the first resolution by a UN political body in June, 2011, supporting LGBT rights (in the Human Rights Council). 

There is now some jockeying for applause by leading states. Which country has taken the lead and should get special praise? Is it the Netherlands? Is it Brazil? Is it France? Is it Argentina? Is it the UK? Is it the US? We have become fashionable! Hillary Clinton was photographed with a clutch of LGBT leaders from around the world after her speech.

Who is on the other side? Russia. States in the Organization of the Islamic Conference. Most of Black Africa. Who says nothing? India. China (which has stopped simply siding with opposing states on the issues).

The Netherlands must get the ‘lifetime career’ Oscar. It had the first post-war gay organization, and led in funding both for local and international LGBT organizations. Its domestic policy was termed gay and lesbian ‘emancipation.’ In 2001 it was the first country to open marriage. HIVOS, a humanist foundation, administers a part of Dutch foreign aid, and its name is inevitably on the supporters list for international events.  Sweden also gets credit now for supporting the International Lesbian and Gay Association.

The 1993 UN World Conference on Human Rights in Vienna was the first ‘coming out’ party for governments. Five stepped forward to state their support for gay and lesbian equality rights: Australia, Austria, Canada, Germany and the Netherlands. Singapore also stepped forward – the only government to state their hostility to homosexual rights (and skepticism about human rights in general). 

Thursday, 8 December 2011

Global LGBT activists react to Clinton speech

In Photo (right to left): Secretary of State Hillary Clinton, Alice N’kom (Cameroon), Anastasia Danilova (Moldova), Sanja Juras (Croatia), Adrian Jjuuko (Uganda), Sass Sasot (Philippines), Polina Savchenko (Russia), Vladimir Simenko (Lithuania), Arvind Narrain (India), Zoryan Kis (Ukraine), Santiago Eder (Colombia), N’dumie Funda (South Africa), Pouline Kimani (Kenya), and Rev. MacDonald Sembereka (Malawi).
Source: Council for Global Equality

For this historic moment in the LGBT movement, the Council for Global Equality was privileged to bring 14 prominent LGBT activists from around the world to Geneva to be present for Secretary Clinton’s Human Rights Day speech. The Council applauds both Secretary Clinton for the pitch-perfect speech as well as President Obama for yesterday’s vital Presidential Memorandum addressing the human rights of LGBT people worldwide.

Reactions from LGBT human rights defenders from around the world who were on hand to witness the speech included these:

Arvind Narrain from the Lawyers Collective in India:
“The Secretary made a passionate case for LGBT rights as gay rights while being very culturally sensitive. The generosity of mentioning the gains in South Africa, Brazil, India, and Nepal conveyed a wider sense of ownership of these issues.”
Sass Rogando Sasot from Society of Transsexual Women of the Philiipines: “
The sincerity and courage of Secretary Clinton is an invitation for us to make the dignity of our common humanity the center and goal of our politics. Her speech is another step towards a world that’s more inclusive, fair, and compassionate.”
Polina Savchenko from the Russian LGBT Network:
“Secretary Clinton’s point about ‘honest discussion’ is particularly important for Russia because we suffer from extreme ignorance. Discussion is shut down in our country. Her message about decriminalization was also very important in our country right now.”

Wednesday, 7 December 2011

Video: Hillary Clinton's international LGBT rights speech to the UN

 

Transcript:

Tuesday, 6 December 2011

Obama admin to 'leverage' foreign aid for LGBT Rights

English: White House from Constitution Avenue
Image via Wikipedia
By Paul Canning

In a major foreign policy announcement, timed for the anniversary of adoption of the Universal Declaration of Human Rights, the White House has issued a memorandum (copy below) ordering all government agencies to promote LGBT rights internationally.

The memorandum directs agencies to:
  • Combat the criminalization of LGBT status or conduct abroad.
  • Protect vulnerable LGBT refugees and asylum seekers.
  • Leverage foreign assistance to protect human rights and advance nondiscrimination.
  • Ensure swift and meaningful U.S. responses to human rights abuses of LGBT persons abroad.
  • Engage International Organizations in the fight against LGBT discrimination.
The use of aid ('foreign assistance') as a factor in promoting LGBT rights has recently come into focus with a major media storm in many countries following reports of the UK government withholding aid to countries criminalizing homosexuality.

The UK has clarified that it is not reducing but will consider redirecting aid from government budgets to other routes. It has also clarified that aid policy has four 'pillars', one of which is human rights and that includes LGBT rights.

Exactly how the UK will apply its policy remains unclear, however it is known to have used 'aid conditionality' in attempts to pressure Uganda to withdraw its 'Kill gays' bill and criminalisation of lesbianism in Malawi was a minor factor in a recent aid redirection, alongside a serious backsliding on human rights in that country.

The Obama memorandum also does not clarify how it will 'leverage' aid.

The White House said:
The Administration’s dedication to LGBT rights does not stop at our borders, as the President made clear at the United Nations in September of this year when he said: “no country should deny people their rights because of who they love, which is why we must stand up for the rights of gays and lesbians everywhere.”

Following an interagency process coordinated by the National Security Staff, this memorandum directs the first-ever U.S. government strategy dedicated to combating human rights abuses against LGBT persons abroad. Today’s memorandum applies to the Departments of State, the Treasury, Defense, Justice, Agriculture, Commerce, Health and Human Services, Homeland Security, the United States Agency for International Development (USAID), the Millennium Challenge Corporation, the Export-Import Bank, the United States Trade Representative, and such other agencies as the President may designate.
Secretary of State Hillary Clinton spoke on the policy in Geneva, today, 6 December. She announced a new 'Global Equality Fund', which will be a 'public-private' partnership and to which the State Department is contributing $3m. Amongst the work of this fund, it will:
Provide emergency assistance to NGOs and human rights defenders facing governmental or societal threats, and increase organizational capacity to respond to security concerns.
It specifically mentions support for Sierra Leonean activists, who have recently reported coming under attack following a media appearance. It also mentions that "where necessary" the Fund will support relocation of key activists.

In a briefing [PDF], the State Department laid out its ongoing work on LGBT asylum seekers and refugees. It said:
The Bureau of Population, Refugees, and Migration (PRM) is working to improve the security of LGBT refugees, asylum seekers, and migrants by implementing a comprehensive LGBT refugee protection strategy developed in coordination with the Department of Homeland Security, the Department of Health and Human Services, the UN High Commissioner for Refugees (UNHCR) and NGOs.

Progress includes additional funding to UNHCR in places such as Turkey to help with resettlement of LGBT refugees, training for staff working on refugee protection, and the expansion of  NGO guidelines to ensure partners know that LGBT refugees and asylum seekers are a priority population of concern.

PRM is also funding new programs in this area, including research to develop best practices for serving LGBT refugees in urban areas and a pilot initiative in Costa Rica on the needs of LGBT migrants.


Presidential Memorandum -- International Initiatives to Advance the Human Rights of Lesbian, Gay, Bisexual,...

Thursday, 24 November 2011

Western leaders condemn Russian 'gay propoganda' law

Arrest of Nikolai Alekseev at St Petersberg Pride in June 2011
By Paul Canning

Both the British and the American governments have condemned Russia's 'gay propaganda' law.

The law, which has been rushed through the St. Petersburg Legislative Assembly, prohibits so-called propaganda of ‘sodomy, lesbianism, bisexualism and transgenderism, and pedophilia to minors.’ It passed second reading this week but lawmakers have delayed the third reading until 30 November, according to a video statement by Russian lesbian leader Polina Savchenko.

The bill was introduced by Vladimir Putin’s ruling United Russia party and the same law is reportedly being considered by the Moscow region and also federally. It is broadly written, so could potentially ban wearing a rainbow flag badge or even a public presentation about or concert of music by the gay Russian composer Tchaikovsky where his sexuality was mentioned. It also deliberately conflates homosexuality and paedophilia, as have its proponents.

The UK Foreign Office and the US State department condemnations are unusual. Both been been condemned by Russian activists for a perceived acquiescence to Russian anti-gay actions.

Although the State Department did issue a statement after this year's Moscow Pride demonstration was banned and a number of people arrested, including two Americans, they had said nothing about previous Moscow Pride bans, said nothing when leader Nikolai Alekseev was kidnapped last year and when Hillary Clinton visited Moscow in 2009 to unveil a statue of the gay American poet Walt Whitman activists had then appealed to her to use the opportunity to support LGBT rights in Russia - she didn't.

The organizers of St Petersburg Pride asked the US Consulate in St. Petersburg last year to help by screening the documentary, Beyond Gay, the Politics of Pride, which features the differences between several Gay Prides around the world. The Americans refused, and the excuse was:
“We cannot show a Canadian documentary in the US consulate.”
The State Department made no statement following the banning and subsequent arrests at the St Petersberg Pride demonstration in June this year.

The UK Foreign Office said:
The message of this law, that homosexuality is unacceptable, let alone in any way similar to a crime like paedophilia, is wrong.  It goes against European and Russian commitments to human rights, including the guarantee of non-discrimination set out in the European Convention on Human Rights.

The idea that children need protecting from ‘gay propaganda’ is also mistaken.  In the UK we have also had discussions about how to teach children about sex and relationships.  But as Prime Minister Cameron said in 2010  - ‘We need good sex and relationship education. That education should teach people about equality and the sort of country we are – that we treat people the same whether they are straight or gay, or black or white or a man or a woman. It is important that ethos is embedded in our schooling’.
The UK has assumed the Chairmanship of the Council of Europe, which includes Russia, and says that the law will be raised both by the Consulate General in St Petersburg and at the next EU-Russia consultations later this month.

The UK has also initiated condemnatory joint letters from 12 European countries to authorities in St Petersberg.
"The United States places great importance on combating discrimination against the LGBT community and all minority groups," the State Department said. 
"Gay rights are human rights and human rights are gay rights."
Lance Price, Director of the UK-based international LGBT group Kaleidoscope Trust, said that he believed that international pressure on the authorities is working.
"We hope that our government, in conjunction with others around the world, will maintain the pressure," he said.
Nikolai Alexseyev called for pressure on the European Court of Human Rights to speed up consideration of the complaint before the court regarding the first 'gay propaganda' law, in the Ruzlan region.

Interviewed by Doug Ireland in August last year regarding the attitude of foreign governments to supporting Russian LGBT activists, Alekseev said that Russia prior to 9/11 was often criticised internationally for human rights abuses but after, not so much:
"You know, if tomorrow the Kremlin starts to put us in jail, do you think someone will care? Does someone care when human rights activists are arrested? Not anymore. They used to care," said Alekseev. 
"Europeans have experienced the collateral damages of the fight between Russia and Ukraine on the issue of imported natural gas. When Russia switched off the gas to Ukraine, Western Europe started to be cold as well. The Europeans understand that they have limited margin of maneuver with Russia... Human rights activists in Russia are the hostages of this geopolitics. And I am including us in that pot," he said.
Savchenko said of the delayed third vote on the St Petersberg bill:
"This victory is a very small step. The threat to the LGBT community and human rights remains very real and there is still a very long way to go. This delay by lawmakers wins us time to CONTINUE TO PRESSURE our government. We ask you to continue your support by:
  • Requesting your leaders to contact our politicians and speak out against this law
  • Requesting your mass media to cover the issue and approach our politicians for comments
  • Signing the petition on AllOut (www.allout.org/russia_silenced)"
AllOut.org Co-Founder Andre Banks said that their petition, which is directed at world leaders and being used to lobby foreign ministries, was nearing 200,000 signatures:
"It's moments like these that highlight exactly why we launched All Out just under a year ago: to stand with our friends around the world when they’re under attack, and to keep opportunistic governments from playing politics with fundamental rights," he said.
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Thursday, 17 November 2011

In Honduras, special police units investigate gay killings

By Paul Canning

Police authorities in two regions of Honduras have established units to only investigate homophobic crimes.

Every month, outside the Ministerio Público (Public Ministry) in downtown Tegucigalpa, Honduras, LGBT have been protesting 85 unsolved murders of gay people in that small country. The protests are happening on the 13th of each month "because Walter Tróchez was killed on December 13, 2009," said leader Donis Reyes.

Trochez was a political activist and LGBT rights leader who was killed after threats and previous attacks. His death lead to worldwide protests including by Amnesty International.

la Dirección Nacional de Investigación Criminal (National Criminal Investigation, DNIC) have established new Sexual Diversity Units in the North-West and the capital.

Oscar Aguilar, spokesman for the DNIC, said the new units have sufficient staff and adequate training for the investigation of death of gay people.

The units have the support of the Embassy of the United States. The State Department's 2010 annual Human Rights Report singled out Uganda and Honduras as countries in which LGBT people continue to suffer oppression, violence and even death.

So far this year, nationwide, Honduras has recorded about eight violent deaths of gay people.


LGBT Honduran groups say that there have been 54 murders since January 2010. In all cases, the police has not arrested and prosecuted the perpetrators.
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Wednesday, 26 October 2011

Tunisian Islamists offer reassurance to gays, women

Photo credit European Parliament
By Paul Canning

The newly elected Islamist-led government in Tunisia has offered reassurances to both women and gays that they will respect 'individual freedoms'.

In an interview with Spanish news agency EFE, Ennahda ("Renaissance") party spokesman Riad Chaibi said that they will not pursue the use of alcohol or punish atheism and homosexuality.

Chaibi, who spent five years in prison for his opposition to dictator Ben Ali, said that in Tunisia "individual freedoms and human rights are enshrined principles" and that atheists and homosexuals are a reality in Tunisia and "have a right to exist." According to Chaibi, in the case of homosexuals there is also "a matter of dignity, because society sees them as undervalued."

In the Tunisian Penal Code homosexual sex is punishable with imprisonment for up to three years. The US State Department 2010 Human Rights Report says that:

There was anecdotal evidence that gays faced discrimination, including allegations that police officers sometimes brutalized openly gay persons and accused them of being the source of AIDS. There were no reports of persons arrested for homosexual activity.

Chaibi also denied that his party intends to make the wearing of the veil for women compulsory. "The veil is part of belief, a religious symbol, and as such has no value if it is taken from freedom," he said.

He said that the Tunisian political, social model is closer to Muslim-majority states like Turkey or Malaysia than to Iran or Saudi Arabia. Tunisia has always been considered the most 'liberal' on social issues in North Africa.

"We want a lot [of what they have] in Turkey and to take advantage of their experience," says Chaibi of another country ruled by a democratically elected Islamist government. He defines the Turkish model as "Islamo-modernist." Chaibi admitted that the Arab world is "inward looking" but said that "you cannot force the Arab world, or anyone, to be modern."

"We will not force anyone to drink or not drink: our principle is to convince the people of the negative aspects of alcohol, or drugs, but we have no intention to force," he said, recalling how American Prohibition resulted in an increase in the consumption of alcohol.

Secularists, women's groups and other detractors have accused Ennahda of being moderate in public and radical in the mosques.

The party will be the largest part of a coalition government.

"Ennahda will be mindful not to offend its coalition partners, and also the youth who voted for it, who aspire to a certain way of life," Issaka Souare, a north African specialist at the Pretoria-based Institute for Security Studies, told AFP.

"It will need the buy-in of other members of the assembly in all decisions."
"[Ennahda] cannot afford to damage Tunisia's relations with Western countries," Souare said, pointing to tourism which represents almost a tenth of GDP.

Tunisia's neighbour, Libya, adopted Islamic Sharia law on Sunday as the basis of all the new regime's laws.
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Thursday, 20 October 2011

Cuban communists to oppose LGBT discrimination

Cuba LibreImage by flippinyank via Flickr
By Paul Canning

Cuban blogger Francisco Rodríguez Cruz reports that the official papers for the January Congress of the Communist Party of Cuba, its first in fourteen years, includes opposition to discrimination against LGBT people.

Cruz says that the document includes two new party objectives:

54. Confront racial, gender, religious, sexual orientation and other prejudices that may generate any form of discrimination or limit people from exercising their rights to, among others, occupy public posts, and participate in the political and mass organizations and in the defense of the country.
65. To reflect in the audiovisual media, the printed and digital press Cuban reality in all its diversity regarding the economic, labor and social situation, gender, skin color, religious beliefs, sexual orientation and territorial origin.
Furthermore, the document's introduction states that “the current challenges require (...) confronting prejudices and discrimination of all kinds that still persist in society”.

Cruz believes that:

"With regards to the specific topic of sexual diversity, the enunciation is sufficiently broad to cover a series of transformations that are necessary to guarantee respect for the free sexual orientation and gender identity in Cuba. This has to do with the legal status of homosexual unions and the participation of LGBT persons in responsibilities of any kind, including military institutions."
Cuban Minister of Justice, María Esther Reus, says that the Family Code will be updated in 2013. This could include legal marriage for couples of the same sex.

Progress on LGBT rights in Cuba has been led by Mariela Castro Espín, the daughter of Cuban President Raúl Castro. In June she told a conference in Glasgow, Scotland, that Cuba’s Communist Party may soon be ready to recognise gay rights.

In a September  interview with Havana Times Castro Espín said that it is "the prejudices of Cuban society" which is holding back progress on LGBT human rights: "obstacles exist because prejudices dominate institutional decisions here."

She cited prejudice as the reason why the Ministry of Justice has refused to accept proposals for legal change, rather than Catholic Church opposition saying:
"The Catholic Church has been consistent in outlining its disagreement with what we’re doing, but it isn’t waging war against us. I don’t feel that they’re the obstacle."
Despite this progress, continuing police harassment in Cuba, including arrests, has been reported on gay Cuban blogs, such as that of the Reinaldo Arenas Memorial Foundation. Francisco Rodríguez Cruz has also condemned 'irregularities' committed by Cuban police, who have repeatedly fined visitors to a gay spot in central Havana. In September a death in custody of a transgender man was reported in Havana.

Dissident Roberto de Jesús Guerra, who was released from prison after two years in 2007, has said that raids by police on LGBT meeting at several sites in the Cuban capital have recently been stepped up.

According to Imbert Leannes Acosta, director of El Observatorio Cubano de los Derechos de la Comunidad LGBT (OBCUD LGBT, Cuban Observatory of the Rights of the LGBT), repression of LGBT in Cuba is increasing, not only in Havana but "we have documented Matanzas [North Cuba] and Guantanamo [East Cuba] cases." He said that his group would protest repression to the United Nations.

The independent organisation has not been allowed to officially register. Under the slogan "Homosexuality is a matter of rights, not of opinions", OBCUD LGBT ran the "National Campaign for LGBT rights" in June which included a march 28 June.

A State Department document recently released by Wikileaks suggests that non-state supported LGBT initiatives in Cuba are receiving American funding.

Translation by Walter Lippmann

HT: Francisco Rodríguez
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Sunday, 16 October 2011

Leaked cable shows limits of State Department LGBT issues reporting

Image Wikimedia
By Paul Canning

Issues with relying on the US State Department for a accurate take on LGBT life in particular countries have been highlighted in the reporting of Daniel Berhane, the self described 'leading blog in Ethiopia.

He has found a leaked Cable (here's the cable) from US Embassy Addis Ababa, dated Dec. 30,2009. It claims that:

"A thriving LGBT social scene exists in Addis Ababa. Parties are generally unannounced and held in private homes or bars, with invitations distributed via word of mouth or text messaging….events are held at least on a weekly basis, with attendance of more than 50 people not unusual."
According to the Cable, citing Embassy ‘contacts’, such events have been forced to relocate, sometimes on short notice, because of real or perceived threats to the establishments where they are held. However it claims that no arrests or harassment have been reported linked to these social events.

The Cable notes that Ethiopia is a conservative society and homosexual conduct is punishable under Ethiopian law. It adds:
  • Post [the Embassy] is not aware of any cases of homosexual conduct that have been prosecuted in recent years or any pending cases for homosexual acts between adults.
  • In the past year, post received limited reports of violence against lesbian, gay, bisexual, and transgender (LGBT) individuals; however, reporting may have been scarce due to fears of retribution, discrimination, or stigmatization. The anecdotal reports post is aware of come from credible sources and include forced marriages and rapes of LGBT individuals.
  • [social events of LGBTs] have been forced to relocate, sometimes on short notice, because of real or perceived threats to the establishments where they are held. However, no arrests or harassment have been reported linked to these social events.
  • As in other countries, urban residents and young people are likely to be more tolerant of homosexual behavior when compared to their rural and elder counterparts, but even among this group conservative views dominate.
Not noted in State Department reports, but covered in those of Rainbow Ethiopia LGBT/MSM, a group engaged in HIV/Aids prevention efforts, was the murder of an American diplomat Brian Daniel, 5 February 2009. He was found dead in his home in Addis Ababa, beaten to death with golf clubs in what the group says was a "homophobic attack". That aspect of the murder appears to have been covered up.

The US State Departments Human Rights Report on Ethiopia from the same period (2010) in the section on LGBT issues now required in these reports doesn't mention any "thriving LGBT social scene" but says the following:

There were some reports of violence against lesbian, gay, bisexual, and transgender individuals; however, reporting was limited due to fears of retribution, discrimination, or stigmatization.
The Cable and Human Rights Report also mentions a December 2008 campaign by Ethiopian religious leaders called "United for Life". The Cable says this mainly involved the signing of a resolution by "dozens of religious leaders condemning homosexuality and urging the parliament to ban homosexuality in the Constitution. However, the Constitution was not amended to that effect, nor does it seem likely."

But Rainbow Ethiopia LGBT/MSM reported that the 'United for life' religious coalition was actually calling for the death penalty for gays.

They said that the local media was engaged in "open psychological homophobic war to agitate the general society" against LGBT.

"If these trends continue we may face more additional danger both from the government and the public. These will jeopardize the whole Ethiopians sexual minorities in general and our steering organization members in particular."

"At any time," the group wrote, "we may face public attack at any place, we don't have either a legal ground or organizational capacity to respond to this defamation, intimidation, harassment and attack because we are very resource constrained. So, we need a partner for capacity building assistance to our organization well functioning."

"Generally, to accomplish all the projects into fruition, we need the support of international humanitarians in the form of financial, technical, material."
In 2011, the group is saying that:

[The government] show no interest to stop the massive death of the Ethiopian gays (Men having sex with men) by the epidemic of HIV/AIDS rather they threatened us to stop advocacy for those who are unnaturally engaged in sexual misconduct."
In September Behind the Mask's Melissa Wainaina interviewed a gay Ethiopian based in Britain who runs the Ethiolgbt.com website.

He said that: "The mere concept of the LGBTI community as a minority of any kind is non-existent in Ethiopia." Amharic dictionaries do not even include a word for 'gay' and:
"Systematic and divisive repression seems to have taken root planting immense fear among society at large. Civil societies are continually monitored and intimidated while almost every form of media government controlled. This does not allow for much of a human rights movement in Ethiopia."
The UN Human Rights Committee in its list of recommendations to Ethiopia last July, stated its opposition to criminalisation, adding that:

"The Committee’s concerns are not allayed by the information furnished by the State party that the provision in question is not applied in practice or by its statement that it is important to change mindsets before modifying the law in this regard."
It urged the government to:

"Send a clear message that it does not tolerate any form of harassment, discrimination or violence against persons based on their sexual orientation."

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Thursday, 13 October 2011

Video: Suriname’s first National Coming Out Day

Source: Stabroek News

The organizers of Suriname’s first National Coming Out Day and the manifestation at Independence Square yesterday say that a start has been made with this activity and it can only become bigger. After a slow start, more and more people started showing up and yelled ‘It’s okay to be gay.’

The call by the event’s organizers, the LGTB Platform consisting of different gay rights organizations, to prominent politicians to show support seems to have been heeded. Parliamentarians Harish Monorath and Shailendra Girjasingh, as well as U.S. Ambassador John Nay attended the festivities.

“The USA has also had its problems with accepting gays. That did not change overnight. Each country arrives at acceptance at its own pace”, Nay said.

“What is happening here is very positive and as Ambassador, I want to show my support. I hope that this will help to conduct a broader debate.”

Source: Star Nieuws
This video plays automatically, so view it after the jump.

Saturday, 17 September 2011

Report: Sexual minorities victims in US counter-terrorism

Source: World Pulse

By Marietta Karadimova

The U.S. government must take steps to stop women and sexual minorities around the world from becoming invisible victims of its counter-terrorism policies, according to the Center for Human Rights and Global Justice (CHRGJ) at NYU School of Law. The 163 page report — A Decade Lost: Locating Gender in U.S. Counter-Terrorism — is the first account of how U.S. counter terrorism efforts have undermined the rights of women and sexual minorities. These policies have also failed to protect women and sexual minorities from terrorism, despite the Obama Administration’s position that women’s inequality threatens national security.

“Far from making good on its promise to the world’s women, the U.S. government has bartered away women’s rights for short-term security gains,” said Jayne Huckerby, CHRGJ’s Research Director.
“From anti-terror cuts in aid to Somalia, to negotiating with the Taliban in Afghanistan, it is women and sexual minorities who suffer first.”
Based on several years of research, including extensive interviews with U.S. and foreign government officials and regional consultations in the United States, Asia, Africa and the Middle East and North Africa, A Decade Lost uncovers how the six pillars of U.S. counter-terrorism — development, defense, anti-terrorism financing, intelligence, border security, and strategic communications — include and impact women and sexual minorities. Comprehensive in its scope, A Decade Lost presents numerous examples of where the U.S. government’s failure to consider gender undermines both security and equality objectives.

Among its key findings, A Decade Lost finds that development assistance that channels money into making young men less prone to extremism is leaving women and girls behind; that anti-terrorist finance laws stop critical resources from reaching women and LGBTI organizations; that immigration bars are re-victimizing victims of trafficking, terrorism and anti-gay violence in Iraq; and that the securitization of the government’s relationship with Muslim communities in the United States — which is only set to rise with the imminent release of a new U.S. policy on community engagement and preventing extremism — is making women in those communities unsafe.

For the first time, A Decade Lost also looks at U.S. efforts to stop the pull of violent ideologies, such as in overseas “de-radicalization” programs and its strategic communication campaign in the United States and abroad.
“The U.S. government is working at cross purposes in its counter-terrorism strategy,” said Ms. Huckerby.
“On the one hand, it says that ensuring women’s equality is a matter of national security, while on the other it de-prioritizes development assistance for women and girls and cuts off funding to women’s rights organizations that are on the front lines against violent extremism in their communities. When the U.S. squeezes women between terror and counter-terror, no-one is safer.”
The Report also exposes serious collateral impacts of actions — such as targeted killings, deportation, and detention — that target men, some of which, have now persisted for nearly a decade.
“When families and communities in the United States are torn apart by detention and deportation, women are left to pick up the pieces, living in fear that if they report crimes, the government will deport them or family members,” said Lama Fakih, CHRGJ’s Gender, Human Rights, and Counter-Terrorism Fellow. “New efforts to engage Muslims do not deal with these concerns, but rather continue to locate the problem of terrorism in Muslim communities with scant regard for the consequences.”
Among the report’s recommendations, CHRGJ calls on the Obama Administration to make public its first ever policy on the role of development in countering violent extremism and release its new policy on engaging with communities in the United States to prevent extremism.

A Decade Lost: Locating Gender in U.S. Counter-Terrorism

Thursday, 15 September 2011

Heterosexual Africa? Notes from the struggle for sexual rights

LGBT laws in AfricaImage via Wikipedia
Source: Royal Africa Society

By Marc Epprecht

Not every story out of Africa is doom and gloom, even on topics like “the rise of homophobia.” To be sure, there have been some recent shocking cases of violence and hate-mongering against gays, lesbians, and trans people around the continent. Governments in many countries are meanwhile proposing to reform laws inherited from former colonial rulers, moving toward greater repression and in divergence from major international bodies and public health initiatives. Were Uganda to enact and enforce its proposed Anti-Homosexuality bill, to give one of the most notorious examples, it would be required to withdraw from the United Nations and African Union, sever links with all its major donors, and arrest a large proportion of the heterosexual population for knowing (but not reporting to the police) suspected homosexuals or human rights and sexual health advocates.

Another side of this story, however, does not get as much attention. This is the story of the emergence of a vibrant lgbti (lesbian, gay, bisexual, trans and intersex) network across the continent, of creative and courageous challenges to homophobia, of sensitive and insightful new research into “sexual secrets,” and of political and religious leaders who are resisting the demagogic tide. How many people are aware that six African nations endorsed the recent UN General Assembly resolution to include sexual orientation in the universal declaration of human rights?

Alright, the Central African Republic and Gabon are not among the heavy weight or vanguardist states in Africa. One is probably justified to suspect neo-colonial arm-twisting upon them by their major donor (and the resolution’s sponsor - France). Nonetheless, a precedent has been set. It is not politically impossible for African governments to support an inclusive definition of sexual rights as understood by liberals in the West. Sexual rights activists in Africa, with international solidarity, are actively pursuing those rights through a range of strategies and fora, including through the mass media, the courts and the African Commission on Human and Peoples’ Rights.

This is not going to be an easy struggle. It is not just that overt homophobes seem to be proliferating in the context of intense rivalry between evangelist Christian and Muslim faiths and opportunistic (mostly American) missionaries. There is also a profound, ongoing economic and health crisis across much of the continent. This makes it extremely difficult for sexual rights and sexual health advocates to make their case in the public eye. How to convince unemployed youth, landless peasants, and women trapped in abusive marriages or survival sex work, that freedom for men to have consensual sex will improve their lives? This is particularly challenging given the widespread stereotype in Africa that gays and lesbians are economically privileged and well-connected to opportunities in the West.

Wednesday, 14 September 2011

In Cuba, a death in custody, a flag raising, a raid

Mariela Castro addressing the Latin America pl...Mariela Castro Espín image via Wikipedia
By Paul Canning

A number of expat Cuban websites, such as EU-funded Cuba Encuentro, are reporting the death in police custody in Havana of a trans man 8 September.

Nelson Linares García, 34, had been arrested along with "about a dozen of homosexuals, transvestites and transsexuals in Old Havana" in Fraternity Park and "died while under arrest". A doctor certified "respiratory arrest" as the cause of death, but the authorities did not conduct an autopsy, according to Penúltimos Días.

According to Imbert Leannes Acosta, director of El Observatorio Cubano de los Derechos de la Comunidad LGBT (OBCUD LGBT, Cuban Observatory of the Rights of the LGBT), Linares García's friends informed the police repeatedly that he had hypertension but they did not pay attention.

The report is traced to Ignacio Estrada, a "noted dissident and gay rights activist" who married his transgender partner 14 August in what was billed as Cuba's 'first gay wedding'.

Another dissident, Roberto de Jesús Guerra, who was released from prison after two years in 2007, said that recent weeks had seen repeated raids by police on LGBT meeting at several sites in the Cuban capital.

Progress on LGBT rights in Cuba has been led by Mariela Castro Espín, the daughter of Cuban President Raúl Castro. In June she told a conference in Glasgow, Scotland, that Cuba’s Communist Party may soon be ready to recognise gay rights.

Despite this progress, continuing police harassment in Cuba, including arrests, has been reported on gay Cuban blogs, such as that of the Reinaldo Arenas Memorial Foundation.

Herb Sosa, president of Unity Coalition, a Latino LGBT organization based in Miami that has provided materials and resources to LGBT groups, has accused the Cuban government of engaging in extrajudicial executions.

According to Acosta of OBCUD LGBT, repression of LGBT in Cuba is increasing, not only in Havana but "we have documented Matanzas [North Cuba] and Guantanamo [East Cuba] cases." He said that his group would protest repression to the United Nations. The organisation has not been allowed to officially register. Under the slogan "Homosexuality is a matter of rights, not of opinions", OBCUD LGBT ran the "National Campaign for LGBT rights" in June which included a march 28 June.

Sunday, 11 September 2011

Ugandan President's wife behind 'Kill gays' bill: Wikileaks

Janet Museveni
By Paul Canning

According to a newly released US diplomatic cable, the wife of the President of Uganda, Janet Musceveni, "is ultimately behind" the Anti-Homosexuality (AHB, 'Kill gays') Bill.

The cable is amongst those newly released unredacted by Wikileaks. It is signed by the US Ambassador to Uganda, Jerry Lanier.

It quotes a 2009 private conversation with Senior Presidential Adviser John Nagenda, who had just published a column in The New Vision newspaper comparing the AHB to McCarthyism and the Inquisition. He told an Embassy Political Officer:
"President Museveni is "quite intemperate" when it comes to homosexuality, but that the President will likely recognize the dangers of passing the anti-homosexuality legislation. He said First Lady Janet Museveni, who he described as a "very extreme woman", is ultimately behind the bill."
"He added that the bill's most vociferous public supporter, Ethics and Integrity Minister Nsaba Buturo, is a "very bad guy" responsible for a campaign of mass arrests - known by the Swahili term 'panda gari' - during the early 1980s under the Obote II regime while serving as Kampala's District Commissioner. Nagenda said Buturo is using the anti-homosexuality legislation to redefine himself and "will do anything in his power to be a populist." He advised the U.S. and other donors to refrain from publicly condemning the bill as this fuels the anti-homosexual and anti-western rhetoric of the bill's proponents."
Nagenda has today confirmed the comments are accurately reported to The Daily Monitor.

Update, 23 September: Janet Museveni has denied Nagenda's claim in an article for the government newspaper New Vision. She wrote:
"This ludicrous claim is not only an insult to Hon. Bahati, the originator of the bill but also to me, because it implies that I need to hide behind someone else in order to introduce a bill in parliament."
The leaked cables also contain allegations by a ruling-party insider, Mike Mukula, who was described by Lanier as a "disgraced former Ugandan Health Minister and current National Resistance Movement (NRM) vice-chairman for eastern Uganda", that he had been made the "fall guy" in a corruption scandal. This involved the alleged stealing of $1.5 million from the Global Alliance for Vaccines and Immunization (GAVI) where "most of the missing GAVI funds were used by First Lady Janet Museveni."

Family feud?

Wednesday, 24 August 2011

Reports of death greatly exaggerated: Imminent return predicted of Ugandan 'kill gays' bill

By Paul Canning

Despite reports now reaching international media outlets that Uganda's proposed Anti-Homosexuality (aka 'Kill gays') bill (AHB) has been stopped by a Uganda Cabinet decision, Ugandan media today is confirming that, under the Westminster system of government, Parliament decides on whether a bill will proceed, not the executive.

The Monitor, covering a backlash by AHB proponents to the Cabinet decision, today notes that:
The AHB is a private members Bill and Shadow Attorney General, Abdu Katuntu (MP Bugweri) said Cabinet cannot throw out a Bill it didn’t bring. “The only option they have is to come and oppose it on the floor of the House,” he said.
This is reinforced in comment obtained by blogger Warren Throckmorton last night:
Parliament spokesperson, Helen Kawesa, said that the bill ”is in the Parliament now. It’s Parliament’s property.” She added the Cabinet ministers will “have to argue it out in the Parliament” since the bill is controlled by Parliament and has not yet had a vote.
The decision to allow the AHB to be brought back lies with the Parliament's speaker, Rebecca Alitwala Kadaga - not the Cabinet.

As we reported on Saturday, sources say that Kadaga will be asked to make this decision within the next fortnight.

Worldwide media reports in the past two days have suggested that the AHB is 'dead' as a result of Uganda's Daily Monitor newspaper's report that the AHB had been "thrown out" by Uganda's Cabinet. The newspaper's report quotes ruling party lawyer and MP Adolf Mwesige saying that the bill was unnecessary since Uganda already has a number of laws in place criminalising homosexual activity. Reuters, which describes the anti-gay movement in Uganda as "small but vocal", is quoting "political analysts in Uganda" saying that the cabinet decision means that the the AHB "cannot be passed in the near future".

A cabinet committee last year similarly rejected the AHB - to no effect.

According to the South African based news website Behind The Mask - which reports a Ugandan source saying that Mwesige "was overtaken by events" and that the cabinet decision was taken because aid donors and "other sections of the public" "were not comfortable":
Under Uganda’s Parliamentary Rules of Procedure, a Private Member of Parliament can table a bill. However Cabinet ordinarily discusses the bill and associates itself with such a bill. The legislator can then approach the Ministry of Finance to get a Certificate of Financial Implications, indicating how much it will cost government to set up institutions and frameworks for managing the bill if passed into law.

“That’s where Mr Bahati will have a technical challenge. The Ministry of Finance can refuse to give him this Certificate. That will mean he cannot reintroduce the bill,” Mr James Mukaga, a Clerk Assistant to the Parliament of Uganda said.
However Throckmorton has quoted MP Otto Odonga that the Speaker has vowed to bring back the bill without reintroduction.
"It would be old business and could be brought forward at her discretion. Whether or not she will do that is a guessing game."
We understand that significant pressure has been brought on the Ugandan government over the AHB, including on individual MPs such as Speaker Kadaga, and this is suggested by the United States State Department in a statement to blogger Melanie Nathan, the first by a foreign nation to comment on the prospect of a revival of the AHB. They said:
“We continue to monitor the situation closely and have repeatedly expressed our views to senior Ugandan government leaders, including President Museveni, that the [AHB] — or any piece of legislation seeking to further criminalize homosexuality — is inconsistent with Uganda’s international human rights obligations. If a similar bill reemerges, we will continue to voice our opposition loud and clear. The U.S. government feels very strongly that, if adopted, a bill further criminalizing homosexuality would constitute a significant step backwards for the protection of human rights in Uganda. As we continue emphasizing, respect for human rights is key to Uganda’s long-term political stability and democratic development.”
A new project called OneFamilyOneVoice has been launched "to fund and conduct intensive private lobbying of Ugandan officials to block the anti-gay bill", according to blogger and activist Rick Rosendall, who says he attended a forum on the new project last week in Washington DC and that the project features Ugandan human rights activists and anti-Museveni ex-pats.

The MP quoted in the reports on the Cabinet decision, Adolf Mwesige, led the parliamentary committee which considered the AHB in the last parliament, where it almost came to a vote before running out of time during May. In the final week of parliament there was much reporting that the provisions providing for the death penalty would be removed by Mwesige's committee - however this did not happen.

David Bahati
Bill author and chief promoter David Bahati MP was accused at the time of lying about the supposed removal of the death penalty provisions by long time Uganda watcher Jim Burroway.

Reports have suggested that Bahati and others intended to reintroduce the AHB by stealth.

Ugandan blogger Angelo Izama reported 14 August that:
"My sources in parliament .. [say that] because of the world wide storm [the AHB] generated it will come to the House for debate in stealth not reflected in “ the order paper” of the day."
Today's reporting by The Monitor suggests that the stealth strategy is no more.
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Tuesday, 23 August 2011

Understanding US asylum law

Gómez appears in a video about a Jamaican gay asylum seeker
By Grace Gómez

US Immigration law, and in particular asylum and refugee law, is varied and complicated. It is important to remember that one is dealing with life or death situations and most refugees would be subject to extreme hardship, torture, or even death if they are returned to their countries of origin. Thus it is vital to both understand the refugee’s fear and the limitations adherent in the law.

While winning a grant of asylum, withholding of removal, or protection under the Convention Against Torture allows a refugee to remain legally in the US and not be deported to their home country, only asylum is a path to residency. Furthermore, while most immigration advocates take the stand that those with valid refugee claims should not be detained, in reality many immigrants are detained for months while their claims are processed.

Helping refugees is a rewarding and honorable endeavor, but can also be extremely frustrating when faced with a system that is inherently anti-immigrant and filled with bureaucratic red tape.

Under the Immigration and Nationality Act, the Attorney General may not remove an alien to a country if it is determined that the alien’s life or freedom would be threatened in that country because of the alien’s race, religion, nationality, membership in a particular social group, or political opinion.” See 8 U.S.C. §1231 (b)(3). In addition, Article 3 of the Convention Against Torture expressly prohibits the United States from returning any person to a country where it is “more likely than not” that they will be subjected to torture. The area of social group asylum is an emerging field that can provide for relief for aliens who are in fear for their safety due to their sexual orientation.

An applicant who has not shown past persecution may still be entitled to asylum or withholding of removal if he can demonstrate a future threat to his life or freedom on a protected ground in his country. See INA § 208.13 (b)(2), 208.16 (b)(2). This determination must be made “free of any impermissible stereotyping or ungrounded assumptions about how gay men are supposed to look or act.” See Todorovic v. U.S. Attorney General, No. 09-11652 (11th Cir. 2010).

In Jamaica, the law clearly states that “homosexual acts by men in public or private are illegal.” See Jamaican Penal Code, Offenses Against the Person Act §§ 76-79. Such acts are punishable by a prison term of up to ten years with a possibility of hard labor. Furthermore, homosexuals in Jamaica suffer from extreme emotional distress as well as violent threats and actions including stoning, beatings, stabbings, and shootings.

Government actors hide under the veil of this law to allow rampant institutionalized anti-gay violence. Lack of adequate response, acquiescence and even active participation in violence against homosexuals by government officials and the police in Jamaica further exacerbates the problem.

The United States recognized this growing problem and cited the increasing violence in the State Department’s Human Rights Report year after year. Despite the number of high profile cases of murder and violence, the actual number of attacks on homosexuals in Jamaica is unknown. Many incidences of homophobic violence are reported as other crimes to try to avoid the bad stigma, while other reports do not mention the names of the victim for safety reasons. This makes it particularly difficult to present an asylum case, as reports of violence are often not available to be presented to court.

The pervasive and violent homophobia ruling Jamaica is further exemplified by the AIDS crisis on the island. Nearly one-third of gay men in Jamaica may be infected with HIV but the nation’s public health response remains paralyzed by homophobia as the epidemic continues its uncontrolled spread. Because of the complexity and life-threatening nature of these cases, it is highly recommended that those seeking relief under Asylum, Withholding of Removal, or protection under the Convention Against Torture seek a qualified and experienced immigration attorney to present their case.

Grace Gómez is a lawyer working with LGBT asylum seekers in Florida, USA
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