2011 round up: Part three: Decriminalization of homosexuality and anti-discrimination

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By Paul Canning

I'm rounding up the year in a series of posts - in which no doubt I've missed something, so please let me know what I've missed in the comments!

Decriminalization of homosexuality and anti-discrimination

We saw an increased impact in 2011 of the work of the UN Human Rights Council, particularly its Universal Periodic Review (UPR) process of interrogating country's human rights records, and other long term work by activists starting to bear fruit in other parts of the United Nations and other international bodies as well.

The passage of a resolution against killings of LGBT at the end of last year, reversing an attempt by the Organization of the Islamic Conference (OIC) and some African countries at halting LGBT progress in international bodies, sparked a global reaction, including demonstrations and novel contact with governments by local LGBT.

It marked the change in approach by Rwanda in particular, which had previously backed off criminalization, with its UN ambassador drawing on the country's experience of genocide to send a message to those claiming that LGBT is not defined or that LGBT don't even exist.

It marked the first sign of historic change in Cuba, which appears likely to culminate in same-sex unions and anti-discrimination laws agreed by the Communist Party next year. The way that other Caribbean countries changed positively on the UN vote on killings also marked a development which continued in several island nations during 2011.

A change of approach by South Africa on the international LGBT rights front, due to internal civil society pressure, led to them proposing the historic July resolution affirming LGBT rights at the Human Rights Council, which then led to the publication of the first UN report on LGBT human rights in December. That July resolution also caused further ripples, including the first public affirmation of LGBT rights by a Gulf civil society group, in Bahrain.

It emerged that the organised backlash against LGBT rights in international bodies, led by the OIC, Russia and the African group, was receiving support from American Christian fundamentalist bodies such as CFAM. The same people who are losing the 'culture war' at home have shifted to intervening in Africa and the Caribbean and various countries repeated their arguments/lies, such as Uganda claiming at the UN Human Rights Council that lesbians and gays 'recruit'. However it was also clear from investigative reporting at UN HQ that many of the no-shows, abstentions or yes votes of various countries during key UN LGBT rights votes was largely down to US diplomatic pressure. This showed how both US and European pressures on LGBT rights is already happening, and working, in a year which saw extensive simplified and often inaccurate reporting on the use of such 'leverage', like the supposed 'colonialist' tying of development aid to LGBT rights.

Four countries committed themselves to decriminalization: São Tomé and Príncipe; Nauru; The Seychelles, and; Northern Cyprus.

In Botswana LGBT launched, then put on hold, a legal push for decriminalisation. and in Belize LGBT started their legal challenge to criminalisation on constitutional grounds. Jamaican law is to be challenged at the Inter-American Commission on Human Rights (IACHR) and the opposition leader called for a review of the buggery law.

In Chile all anti-gay discrimination was banned. Colombia passed an anti-discrimination law which includes prison terms. In South Africa government action began on so-called 'corrective rape', following massive international attention. But in Brazil, passage of a hate crimes law failed due to increased evangelical Christian influence in that country. And in Malawi, the government criminalized lesbians and used LGBT rights as a wedge issue against its opponents.

The anti-criminalization effort at the Commonwealth Summit failed but it did raise the issue widely in media worldwide.

Several former African leaders came out for decriminalization. In her fantastic speech on gay rights at the UN in December, US Secretary of State Hillary Clinton pointedly mentioned one, former Botswana leader Festus Mogue. But only the Zimbabwean leader Morgan Tsvangarai offered support for LGBT amongst current African leaders.

Related articles

• UN publishes landmark LGBT rights report (madikazemi.blogspot.com)
• What preceded Hillary Clinton's UN speech? (madikazemi.blogspot.com)

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). 

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UN publishes landmark LGBT rights report

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The United Nations has produced its first ever report on LGBT rights. The UN Human Rights Council requested the High Commissioner for Human Rights, Navi Pillay, to prepare the report in a resolution in June of this year.

That resolution was led by South Africa and the brave Cameroonian lawyer and LGBT rights defender Alice N’Kom said:

“I am so proud that this breakthrough was initiated by an African country, and that South Africa is standing up for human rights. Not only were they leaders at the United Nations in pushing for the passage of this historic resolution on LGBT rights, they are also setting an example for all African countries and sending a simple message : homophobia is not an African value.” 

The pro-LGBT Ugandan Anglican Bishop Christopher Senyonjo said:

"They have created an “indaba” – a listening process that is familiar to Africans. They have provided the safety for many thousands of people to open deep wounds again and share their stories, experiences and aspirations.  Their courage is to be commended in the hope the next generation may not have to suffer the indignities of our blood-stained past."

"This work represents the possibility that we can to learn to respect each other, regardless of sexual orientation or gender identity.  We can learn to forgive each other for our complicity in silence or for acts of violence in word and deed against LGBT people."

"There is another African tradition whereby the spilling of the blood of another is regarded as a major taboo and should be avoided by all faithful people. The spilling of blood caused by homophobia should become our global taboo. This report is a small step towards new possibilities and hopes."

The findings of the report are due to be presented and discussed by governments at the Human Rights Council in March 2012.

Among its most important recommendations is a call for the decriminalization of same-sex relations between consenting adults. It also notes the particular experiences of lesbians and other women who suffer violence, killings, rape and abuse, often at the hands of family and community. The report includes a call for protection and recognition of the self-identified gender of trans persons.

On refugees and asylum seekers:

• The UN urges governments to recognize persecution based on sexual orientation and gender identity as grounds for refugee status, and to train asylum adjudicators and government officials to be sensitive to the unique challenges faced by LGBTI refugees.
• The report recognizes the extreme vulnerability of LGBTI refugees at risk of violence both before they flee their homelands, and during the refugee status determination and resettlement process. It also calls for a more consistent approach for safeguarding the human rights of LGBTI refugees.
• The report urges governments not to return LGBTI refugees to countries they have fled where their freedom will be threatened because of their sexual orientation or gender identity.

Jessica Stern, Acting Executive Director of The International Gay and Lesbian Human Rights Commission said;

“The report is a tribute to all of the activists who have fought for recognition of homophobic violence and transphobic discrimination over decades, often in the face of extreme hostility. It will serve as an invaluable aid to each one of us who seeks to advance LGBT rights – not only at the United Nations but in cities and towns around the world.”

The release of Pillay's report follows another landmark at the United Nations, which was the 10 December international consultation organised by UNESCO to address bullying against LGBT students in educational institutions. This took place in Rio de Janeiro, Brazil and brought together experts from UN agencies, NGOs, ministries of education and academia from more than 25 countries around the world.

All participants of the consultation agreed on a joint statement. Chinese and African representatives at the event noted the importance of both sharing experience as well as evidence gathering to develop a “solid foundation when approaching schools and policy-makers.” OHCHR: Discriminatory Laws and Practices and Acts of Violence Against Individuals Based on their Sexual Ori...

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Putin to be quizzed over anti-gay laws

Picture of Alekseev's one man protest in Arkhangelsk by GayRussia. Banner reads: “Children have a right to know that great people too, are gay. Homosexuality is natural and normal. Tchaikovsky, Nureyev and others are names of great stories of gay people in Russia”.

By Paul Canning

Russian Prime Minister Vladimir Putin is to be quizzed directly tomorrow over anti-gay laws.

The High Representative of the European Union for Foreign Affairs Catherine Ashton, told activists today that she would raise the discriminatory laws at the EU-Russia summit.

She received in Brussels a 246,000 petition along with the Presidents of the European Parliament’s Intergroup on LGBT rights, Michael Cashman and Ulrike Lunacek.

Two Russian regions have passed a law which eliminates the freedom of LGBT people to speak publicly and assemble. The same 'anti-propaganda' law is being considered in St Petersberg and reportedly under consideration federally.

In each instance the laws are being pushed by members of Putin's United Russia party. Putin's Deputy Prime Minister has said that lawmakers should consider the bill at the federal level.

Said Polina Savchenko of ComingOut, a St. Peterburg-based LGBT organization:

“If this law is adopted, it would legalize discrimination against gays and lesbians in Russia. All totalitarian regimes in Europe began with similar repressions of the LGBT community. By supporting our struggle against this bill, Europe helps to prevent Russia from sliding into a new totalitarianism”

A small, brave group of Russian activists tested one of the existing laws, in the far-North Russian city of Arkhangelsk on the day it came into force.

Four activists - Anno Komarov, Alexey Kiselev, Nikolai Alekseev and Kiril Nepomnyaschiy - carried posters in front of public buildings which read: “Trans men can be gay. Sexual education to schools”, "Homosexuality is a healthy form of sexuality. This should be known by both children and adults" and, “In this library children are reading books written by gays. Homosexuality is normal.”

The City Hall has already used the law to ban a larger public action applied for by the activists but local police did not arrest the activists 12 December as one-person pickets do not require a permit.

In front of the City Hall Nikolai Alekseev stood with a poster saying: "Children have a right to know that great people too, are gay. Homosexuality is natural and normal. Tchaikovsky, Nureyev and others are names of great stories of gay people in Russia".

Alekseev, GayRussia's Founder, said that they would take the Arkhangelsk ban to court:

“Either the Court will say that the law did not permit to ban our events because it is not obvious to assess in advance the presence of minors in the public place, or it will simply uphold the ban and we will go to challenge it to the Constitutional Court and the European Court of Human Rights."

“We will win either in Russia or in Strasbourg and this law will be defeated in both ways” said Alekseev.

In 2009, GayRussia activists logged a case with the European Court of Human Rights on a similar bill implemented in 2006 in the Ryazan region. The United Nations Human Rights Committee recently said that they will consider the laws next July.

Related articles

• St. Petersburg: How you can help fight anti-gay laws in Russia? (madikazemi.blogspot.com)
• Moscow now proposing anti-gay law (madikazemi.blogspot.com)
• Peter Tatchell: A tribute to Nikolai Alekseev (pinkbananaworld.com)

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

 

Transcript:

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Major attack averted on Ethiopian LGBT?

By Paul Canning

A 'national embarrassment' for Ethiopia was averted after religious groups tried to disrupt the gay presence at a prestigious HIV/Aids conference.

The 16th International Conference on AIDS and Sexually Transmitted Diseases (STIs) in Africa (ICASA) opened in Addis Ababa 4 December. Prior to the event, African Men for Sexual Health and Rights (Amsher) had planned a pre-conference meeting for 200 people but when they turned up to the Jupiter hotel they were told the facilities were no longer available. This followed a loud campaign against their event by religious leaders in Ethiopia's media.

A truncated Amsher event eventually went ahead using UN facilities but religious groups planned a press conference to continue to agitate against the group. This was called off at the last minute according to reports after the intervention of the Ethiopian government, worried about the 'embarrassment' associated with such disruption to such a huge international conference presence in Addis - 10,000 people were at the event - and the potential to divert future conferences.

Reports said that Minister of Health Dr Tewodros Astnahom held a closed-door meeting with the religious leaders. After the meeting, one of the religious leaders from the Ethiopian Protestant Church, Pastor Eitefa Gobena, told journalists that the press conference was not taking place.

A newspaper photographer was forced by government security to delete some of the pictures he took in the press conference room.

According to Global Voices, the debate on the religious attack on LGBT shifted online.

In December 2008 a campaign was started by Ethiopian religious leaders called “United for Life.” This was reportedly limited to urging the parliament to ban homosexuality in the constitution, but the Rainbow Ethiopia LGBT/MSM group reported that the 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 the LGBT community.

Kent Klindera the Director of MSM Initiatives at The American Foundation for AIDS Research (amfAR) told Behind The Mask:

“There is major concern for the Ethiopian LGBT activists who will be here after the conference ends. The director of a group that amfAR supports has received death threats.”

“Recently, a local newspaper published an article purporting that the group had gone to Kenya learn ‘how to promote and spread homosexuality in Ethiopia.’ ”

These claims came after a Pepfar (the U.S. President’s Emergency Plan for Aids Relief) funded study tour sponsored by EngenderHealth, a leading international reproductive health organization working to improve the quality of health care in the world’s poorest communities that sought to learn more on access of MSM (men who have sex with men) to HIV prevention and treatment.

Klindera said:

“I am working with several other global organizations to ensure that they have protection and are informed and empowered about security strategies to allow continue to do their work.”

Related articles

• Leaked cable shows limits of State Department LGBT issues reporting (madikazemi.blogspot.com)
• In Ethiopia, 'mere concept' of LGBTI community 'non-existent' (madikazemi.blogspot.com)
• Ethiopia: Homosexuality Debate Arises as Ethiopia Hosts AIDS Conference (globalvoicesonline.org)

Report: LGBTI in Burundi

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The violation of rights on the basis of sexual orientation and gender identity in the Republic of Burundi under the African Charter of Human and Peoples' Rights.

A shadow report.

In response to the periodic report of the Republic of Burundi. Presented at the 50th Ordinary Session of the African Commission on Human and Peoples' Rights, 50th Session, October and November 2011, Banjul, The Gambia.

This shadow report is a collaborative effort created and submitted by the Mouvement pour les Libertés Inviduelles (MOLI), the African Men for Sexual and Health Rights (AMSHeR), Heartland Alliance for Human Needs and Human Rights, and the International Human Rights Clinic, and Human Rights Program at Harvard Law School.

Burundi signed the African Charter on Human and Peoples’ Rights ("the Charter") on June 28,1989 and ratified it on July 28, 1989. The African Commission will consider Burundi’s September 2010 periodic report during the 50th ordinary session of the Commission from October 24th to November 7th, 2011. In its first periodic report to the African Commission, the government of Burundi held up the report as a symbol of its “commitment to the respect for the fundamental rights and freedoms of the human being.”

The Burundian government’s failure to remedy or report on human rights violations on the basis of sexual orientation and gender identity seriously undermines this commitment. Every day in Burundi, individuals continue to face criminalization, violence,intimidation and threats because of their sexual orientation or gender identity. We hope that the findings in this report will be useful to the African Commission and also serve as a tool for the promotion and protection of rights under the African Charter.

ACHPR Burundi Shadow Report

Related articles

• Trying not to be afraid in Burundi (madikazemi.blogspot.com)
• Gay Burundian wins UK asylum after eleven year battle (madikazemi.blogspot.com)

Immigration detention to feature at UN human rights review of UK

Image by rich_w via Flickr

Source: Detention Forum

In a move that has been welcomed by many detention NGOs, national human rights bodies such as Equality and Human Rights Commission (EHRC) and British Institute of Human Rights (BIHR) have highlighted immigration detention as one of the key human rights issues in the UK in their submissions to the Universal Periodic Review of the UN Human Rights Council.

Immigration detention was one of the 22 human rights issues covered by EHRC’s UPR submission.  The submission states that EHRC is “concerned with safeguards of the detained fast track system for individuals pending asylum decisions and the length of time people can spend in detention awaiting removal.”  It goes on to mention a wide range of problems such as provision of mental health and interpretation services and detention of vulnerable people.

BIHR’s voluntary-sector-wide submission cited data from Yarl’s Wood Befrienders: the group assisted 32 women claiming to be victims of torture or trafficking detained at Yarls Wood Immigration Removal Centre in 2011. It was endorsed by a number of supporters of The Detention Forum.

A large number of detention NGOs, such as Gatwick Detainee Welfare Group, Dover Detainee Visitor Group, Association for Visitors to Immigration Detainees, Bail for Immigration Detainees, Detention Action, Yarl’s Wood Befrienders and Campaign to Close Campsfield, also provided submissions which often dealt with some of the specific detention issues in depth.

Detention featured prominently in other human rights NGOs’ submissions. The Equal Rights Trust focussed on detention of stateless persons, while René Cassin recommended a strict time limit on detention to reduce long-term detention. Freedom from Torture raised their concern that victims of torture are routinely detained despite the safeguards put in place by the UK Border Agency and called for the abolition of the Detained Fast Track.

The Universal Period Review’s oral examination of the UK Government will take place in May 2012.

Related articles

• In UK, immigration detainees 'losing faith in the legal system' (madikazemi.blogspot.com)

UN addresses repression of Iranian LGBT for first time

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By Hossein Alizadeh, International Gay and Lesbian Human Rights Commission

“For years, Iranian authorities have committed atrocities against lesbian, gay, bisexual and transgender people, incited violence by others, and refused to admit that LGBT Iranians exist,” said Hossein Alizadeh, Regional Coordinator for the Middle East and North Africa at the International Gay and Lesbian Human Rights Commission (IGLHRC).

In the Concluding Observations [PDF] from its 3rd periodic review of the Islamic Republic of Iran, the United Nations Human Rights Committee has made clear that the government’s conduct amounts to a violation of the international laws that it has agreed to uphold. “As a state that prides itself in tradition and morality, Iran must now take immediate action to ensure its definitions of tradition and morality are in accordance with the fundamental principles of international human rights law.”

“The UN Human Rights Committee has sent a powerful message to the government of Iran that its treatment of lesbian, gay, bisexual, and transgender people constitutes systematic human rights violations that amount to failure to uphold its treaty obligations. The Committee has asked the Iranian government to widely circulate their Concluding Observations to the Iranian judiciary, government and civil society. After consulting with civil society, the government must submit a progress report about the implementation of the recommendations included in the Committee’s Concluding Observations. The Committee has specifically asked the Iranian government to include detailed information on the enjoyment of Covenant rights by members of the lesbian, gay, bisexual, and transgender community in its next periodic review."

“We at the International Gay and Lesbian Human Rights Commission are both inspired and hopeful for continuing advances in human rights for everyone, everywhere. We are proud of the collaborative work of IGLHRC and our Iranian partners, the Iranian Queer Organization (IRQO), in contributing to this important advance through our joint Shadow Report entitled: Human Rights Violations on the Basis of Sexual Orientation, Gender Identity, and Homosexuality in the Islamic Republic of Iran and testimony before the UN Human Rights Committee.”

Key points from the UN Human Rights Committee Concluding Observations:

On November 3rd the United Nations Human Rights Committee, the sole authority within the United Nations system to evaluate and monitor states’ compliance with the International Covenant on Civil and Political Rights (ICCPR), informed the government of Iran that it must act immediately to eliminate the systematic discrimination against lesbian, gay, bisexual and transgender (LGBT) people.

The Human Rights Committee has urged the government of Iran to repeal or amend legislation that “could result in the discrimination, prosecution and punishment of people because of their sexual orientation or gender identity.” There is a range of discriminatory laws in Iran, among them laws criminalizing homosexual sex and punishing it with death.

The Human Rights Committee has called on the government of Iran to unconditionally release “anyone held solely on account of freely and mutually agreed sexual activities or sexual orientation.” Due to Iran’s opaque and corrupt justice system, the exact number of people held in detention on the basis of homosexual acts is unknown, however even one person incarcerated on this basis constitutes a violation of fundamental rights to privacy and non-discrimination.

The Human Rights Committee has called upon the government of Iran to “take all necessary legislative, administrative and other measures to eliminate and prohibit discrimination on the basis of sexual orientation.” The Committee references different spheres of life, including “employment, housing, education and health care” and calls upon the state to ensure that LGBT people are “protected from violence and social exclusion.”

Background

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UN human rights commissioner tells General Assembly 'LGBT rights should be non-controversial'

Navi Pillay image via Wikipedia

Source: UN

UN High Commissioner for Human Rights Navi Pillay 20 October presented her annual report [PDF] to the General Assembly. The written report touched on SOGI [sexual orientation and gender identity] issues in the following section of text:

“The Office continued to draw attention to human rights violations, including discrimination, perpetrated against individuals on the basis of their sexual orientation or gender identity. By resolution 17/19, the Human Rights Council, expressing grave concern at acts of violence and discrimination, in all regions of the world, committed against persons because of their sexual orientation and gender identity, requested me to commission a study on relevant discriminatory laws and practices and acts of violence. The findings of the study will be discussed by the Council at its nineteenth session.”

In her oral statement introducing her report this morning, the High Commissioner [HC] also mentioned SOGI-related work in the context of other discrimination-related work that the Office is carrying out, saying:

“Moving now to the topic of countering inequality and discrimination, OHCHR continued to draw attention to human rights violations, including discrimination, perpetrated against individuals on the basis of their sexual orientation or gender identity. In June, the HRC adopted resolution 17/19 “expressing grave concern at acts of violence and discrimination, in all regions of the world, committed against persons because of their sexual orientation and gender identity.” The resolution requests my Office to commission a dedicated study which will be discussed at the Council’s 19th session.”

During the Q and A session that followed the High Commissioner’s statements, a number of States asked questions or made statements referring to the Office’s focus on SOGI-related issues. Notably, the United Arab Emirates speaking on behalf of the Organization of Islamic Cooperation (OIC) devoted its entire statement to the issue, expressing serious concern at “an attempt to introduce to the United Nations some undefined notions that have no legal foundation in any international human rights instrument.”

The OIC was:

“disturbed at the attempt to focus on certain persons on the grounds of their sexual interests and behaviours … our alarm does not merely stem from concerns about the lack of legal grounds, but more importantly it arises from the ominous usage of that notion. The notion of sexual orientation spans a wide range of personal choices that expand way beyond the individual’s sexual interest. The OIC reaffirms that this undefined notion is not and should not be linked to existing international human rights instruments.”

Speaking for the African Group, Kenya also expressed concern about the allocation of resources to “social issues” that lie outside of agreed human rights frameworks and urged the Office to wait until States are in agreement on the scope of such issues and any new obligations before pursuing work in such areas.

Benin suggested that the HC should restrict herself to human rights that were universally agreed by the internationally community and deplored the attempt to introduce new rights or concepts such as sexual orientation in the name of universality.

Iran also stressed the need for the HC to avoid insisting on issues which are not yet covered by internationally recognized norms and standards.

Speaking in support of the Office’s work in the area of SOGI were Chile, Ireland, Norway, South Africa, the United Kingdom, all of whom said they looked forward to the release of the HC’s forthcoming study on violence and discrimination against individuals on the basis of their sexual orientation and gender identity. In its statement, South Africa referred to the discussion of the study’s findings and recommendations in March as a potential opportunity for dialogue rather than finger-pointing.

In her response to question, the High Commissioner said:

“As a human rights challenge, countering discrimination based on sexual orientation and gender identity should be non-controversial. We are not trying to create new rights or extend human rights into new, uncharted territory. What we are doing is insisting that all people are entitled to the same rights and to the equal protection of international human rights law—doesn’t matter who they are, what they look like, or whether you approve of them or disapprove of them."

“In June 2011, the Human Rights Council adopted resolution 17/19, expressing deep concern at acts of violence and discrimination based on sexual orientation and gender identity. The resolution requests my Office to prepare a study documenting violence, discriminatory laws and discriminatory practices, and setting out ways in which international human rights law can be used to prevent these kinds of human rights violations in future. In March, we will have a panel discussion at the Human Rights Council, as foreseen in resolution 17/19, at which Member States can discuss the findings and recommendations contained in the study.

“If we can just focus on the facts, on the violations themselves—on cases of people being killed, raped, attacked, imprisoned, tortured and executed for being gay, lesbian bisexual or transgender, or simply discriminated against—then I think we will begin to see more and more support for action to address these problems in a more effective manner at the national level.”

Related articles

• UN passes historic LGBT human rights resolution (madikazemi.blogspot.com) 
• Video: UN Human Rights Commissioner's powerful support for LGBT human rights (madikazemi.blogspot.com)

Report: The state of LGBT human rights in Jamaica

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Human Rights Violations of Lesbian, Gay,  Bisexual, and Transgender (LGBT) people in Jamaica: A Shadow Report

• Submitted for consideration at the 103rd Session of the Human Rights Committee

• October 2011, Geneva 

• Submitted to the United Nations Human Rights Committee by:

•  Jamaica Forum for Lesbians, All-Sexuals, and Gays (J-FLAG)
•  Women for Women (Kingston, Jamaica)
•  Heartland Alliance for Human Needs and Human Rights
•  International Gay and Lesbian Human Rights Commission (IGLHRC)
•  AIDS-Free World (AFW)
•  The George Washington University Law School International Human Rights Clinic

The human  rights situation of  Lesbian, Gay, Bisexual, and Transgender (LGBT) people in Jamaica is dire. The Jamaican government recently amended its Constitution, adding a new Charter of Fundamental Rights and Freedoms (Charter). However, the Charter does not contain protection against discrimination on the basis of sexual orientation or gender identity.

In fact the Jamaican government explicitly excluded protections on the basis of “sex” and instead granted  protections  against  discrimination on the grounds of being  male or female, thus excluding any possibility for judicial interpretation of the Charter as including protections on the basis of sexual orientation and gender identity.

Jamaica retains colonial legislation criminalizing same-sex sexual conduct. A constitutional provision prevents judges from reviewing the constitutionality of any laws enacted prior to the adoption of the constitution. The only potential manner of overturning these laws is through legislative mechanism. However, the legislature has refused to take steps to strike down these provisions, and the Jamaican Prime Minister has explicitly stated that he does not support any attempt to repeal these laws.

Jamaican politicians publically engage in homophobic speech, which fosters an atmosphere of intolerance towards LGBT people within the Jamaican population.  Violence and discrimination against LGBT individuals  is  common  and  widespread. Often the police, the Jamaican Constabulary Force(“JCF”), are complicit in these crimes. Even when the police are not involved, the government is in violation of its obligations under the International Covenant on Civil and Political Rights (ICCPR) for failing to protect, investigate, and prosecute perpetrators of violence and discrimination against individuals on the basis of their sexual orientation or gender identity. Further, the Jamaican government offers no protections to LGBT individuals. Similarly situated
individuals in opposite-sex and same-sex relationships are treated differently under Jamaican law.

Transgender persons are afforded no legal recognition of their preferred gender, which marginalizes them from the rest of society. Additionally, the atmosphere of intolerance denies LGBT individuals access to minimum state services, such as health care and police protection.

The state of LGBT human rights in Jamaica

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Report: The state of LGBT human rights in Malawi

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Shadow Report on the Implementation of the International Covenant on Civil and Political Rights (ICCPR) in Malawi

• Submitted to the United Nations Human Rights Committee by the Centre for the Development of People (CEDEP) and the Centre for Human Rights and Rehabilitation (CHRR) and with the assistance of the International Gay and Lesbian Human Rights Commission (IGLHRC). 

• For 25 October 2011 UN Human Rights Committee Meeting, Geneva.

The shocking events of the 20th and 21st of July 2011, when the Government of Malawi turned on its own people - harassing, beating and killing opposition demonstrators - clearly illustrates the climate of fear and rights abuse which currently exists within the State. There is an urgent need for meaningful action from the Human Rights Committee so that all people in Malawi can access and enjoy their most basic Covenant rights.

The current human rights situation in Malawi is extremely serious and possibly deteriorating. While Malawi is a signatory of the International Covenant for Civil and Political Rights ("the Covenant” or “the ICCPR") and has a relatively progressive constitution, egregious human rights violations are commonplace and the people of Malawi regularly experience discrimination, violence, and even death on numerous grounds, ranging from sex, sexual orientation, national origin, political belief, political expression, professional activity, prisoner status and/or HIV/AIDS status.

The most serious rights violator in Malawi is the President, Bingu wa Mutharika. His administration acknowledges, encourages and organises the intimidation and unlawful killing of individuals or groups which challenges the regime. He has incited his followers to take to the streets with arms, allowed the police to beat and kill members of the opposition, crushed media dissent, and broken up peaceful assemblies with deadly force. President Mutharika's regime ignores the authority of the national courts system, incites prejudice and hatred of vulnerable minorities and relegates women to the status of second class citizens.

The Parliament of Malawi, dominated by an overwhelming majority of the ruling Democratic Progressive Party (DPP), uses the country’s legislative system to legitimize and extend the current climate of violence and oppression. Recent legislative acts include allowing the police to search property without a warrant, allowing the Minister for Information to arbitrarily ban media publications and prohibiting two consenting females from engaging in consensual sexual intercourse.

Malawi is a country where violence and fear increasingly pervades all areas of society, where human rights defenders are beaten and even killed, where individuals who attempt to affect change are met with swift and brutal force. The fact that the Government of Malawi has chosen not to submit a report to the Committee demonstrates the value which the country’s administration place on upholding human rights. There is an urgent need for the Committee to take strong, appropriate action so that the people of Malawi can enjoy their full Covenant rights to which they are entitled.

LGBT human rights in Malawi

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Did the UN just get a LGBT rights concession from Uganda?

Photo by riekhavoc

By Paul Canning

Since the Universal Periodic Review (UPR) process began in 2007 at the Human Rights Council at the United Nations it has both forced governments to defend their polices as well as actually causing them to change them.

The current UPR session has already seen two countries agree to decriminalize homosexuality.

Uganda went into their session last week claiming that [PDF]:

"There is information of covert recruitment, of especially our children and youth, into such practices which we consider to be detrimental to the moral fabric of our society."

No evidence provided of this of course - because none exists.

The 'recruitment' line is one used widely by the proponents of the 'Kill gays' Anti-Homosexuality bill. Chief frontman for the bill, David Bahati MP, was challenged by US MSM news host Rachel Maddow on this last year when he appeared on her show. Specifically, she asked, where is the evidence? Challenged to produce it, he never has. Nor has anyone else.

The Ugandan activist Frank Mugisha was in Geneva for the session and, writing in Huffington Post, declares himself "disheartened and disappointed that my country of Uganda failed once again to take the rights of its LGBTI citizens seriously."

He cites: denial of basic health services; laws criminalizing homosexuality, and; civil society organizations denied the ability to register as official nongovernmental organizations (NGOs).

The latter was flat out denied by the Ugandan government representatives present in Geneva. Writes Mugisha:

"For me, this is a laughing matter," writes Mugisha. "LGBTI groups, like the one I lead, will never meet Uganda's NGO criteria, as long as my government regards our work as criminal."

However he notes that a long list of countries from throughout the world "put my government on the spot", including telling Uganda to "stop the false allegations that LGBTI groups solicit young people into homosexuality."

The UPR may have had some effect on Uganda as it did agree to [PDF]:

• Investigate and prosecute intimidation and attacks on LGBT-community members and activists;
• Investigate thoroughly and sanction accordingly violence against LGBTs, including gay rights activists;
• Take immediate concrete steps to stop discrimination and assaults against LGBT persons.

It also agreed to a proposal put forward by Poland to "engage civil society in the process of implementation of UPR recommendations" - to work with NGOs to develop measures which combat violence
Activists within the country meanwhile continue to score small victories. Last week came the agreement of HIV/Aids activists to promote access for gays to HIV prevention and treatment in public health centres in Uganda, reports Behind The Mask.

Uganda's success in reducing national HIV/Aids prevalence from 30 per cent in the 1980s to about 6.4 per cent in 2010, according to Uganda Aids Commission figures, has been at threat because of a funding devotion to abstinence education programs. These have been massively funded by the United States PEPFAR program (which totals around US$280m PA). These near useless HIV/Aids prevention programs are backed by the fiercely Christian Ugandan President's wife, Janet Museveni, and often mean funds going to churches.

Programs for the MSM (men who have sex with men) minority as well as others such as sex workers and prisoners have almost entirely gone unfunded. Those working to combat HIV/Aids have also been reluctant to argue for them. However this is now changing because of grassroots work.

In July LGBT lobby group, Uhspa Uganda, was appointed to a committee to mainstream homosexual’s rights in Uganda’s Public Health Policies.

HIV/AIDS positive men’s leader, Richard Serunkuuma tells Behind The Mask that for more than 20 years he had lived with HIV/Aids and he wants gay people to have the same level of access to care, treatment and support. He decried the proposed Anti Homosexuality Bill that would make medical workers report their gay clients to police by virtue of information obtained when gay people visit health centres in Uganda.

Related articles

• Uganda's Lgbti Community and Aids Activists Unite in Health Access Campaign (mask.org.za)
• Tackling the Challenge of Hiv/aids in Uganda's Lgbti Community (mask.org.za)
• Major human rights award goes to Ugandan lesbian (madikazemi.blogspot.com)
• As LGBT space closes in Kampala, Uganda tells UN that gays 'recruit' (madikazemi.blogspot.com)

Video: Major human rights award goes to Ugandan lesbian

Martin Ennals Award Ceremony 2011 - Kasha from True Heroes Films on Vimeo.

Picture Screengrab from awards ceremony

By Paul Canning

Besides the Nobel Peace Prize, the Martin Ennals Award for Human Rights Defenders is the main award of the global human rights movement.

It is a unique collaboration among ten of the world’s leading human rights organizations.

The 2011 prize was presented to Kasha Jacqueline Nabagesera in Geneva 13 October by High Commissioner for Human Rights (OHCHR) Deputy Kyung-wha Kang.

The ceremony included a very moving film about Nabagesera's work made by True Hero films.

Nabagesera is an Ugandan LGBT activist and founder/Executive Director of Freedom and Roam Uganda.

She became engaged in LGBT rights in Uganda when she was just 21, and has since played a leading role.

She told Kathambi Kinoti of AWID in 2010:

"Freedom and Roam Uganda (FARUG) is the only exclusively lesbian, bisexual and transgender organization in Uganda. It was started by three lesbian-identified women on July 4, 2003 in a bar which at the time the media frequently called a lesbian bar. Many lesbian women who heard the news started coming to the bar to hang out and make new friends."

"Earlier, in April 2003 we had been approached by a group of men who claimed to have a lesbian organization by the name Makerere University Students Lesbians Association. When we asked them where the lesbians were and why it was led by men, they said that the women were “shy.” Later we did some research and learnt that these men were not university students nor did any such organization exist."

An accountant by profession, she has excelled in human rights advocacy and obtained a certificate in human rights law. For the past four years she has been speaking at international fora highlighting the plight of lesbian women in her country. But perhaps more importantly, Kasha has had the courage to appear on national television in Uganda, becoming one of the first lesbians to openly speak out.

She has consistently invoked international covenants that Uganda has ratified and the Government has failed to implement.

In 2007 she was brutally harassed at the World Social Forum in Nairobi after she spoke in front of 60,000 people about the respect and tolerance of homosexuals in the world. Later for appearing in the media she was again heckled, threatened and attacked. Since then she has been shifting from house to house, afraid to stay long in the same place. Police and security forces regularly stop and intimidate her.

In 2009 she and two other activists held a press conference with the message 'we do not recruit!' The organisation the Family Life Network (FLN), which receives substantial American evangelical backing, had been claiming that LGBT groups were receiving vast sums to pay Ugandans to become gay.

On 26 January 2011 one of her colleagues, gay activist David Kato, was murdered following the publication of a “gay list” by the tabloid Rolling Stone calling for their hanging; in this black list Kasha Jacqueline’s name also appears.

She challenged the homophobia frenzy in the media in the high court of Uganda where she and two others successfully sued Rolling Stone.

Speaking about receiving the award to swissinfo.ch she said:

"Harassment occurs almost on a daily basis, verbal attacks in public or more sinister repression. The simple suspicion of being a homosexual has serious consequences: being evicted from your home or losing your job is quite common; many homosexuals commit suicide."

"Lesbians, in particular, are victims of sexual abuse and are often raped by men who think they are “curing” them from so-called deviant behaviour or want to exert their masculine domination over a woman who they believe may be too virile."

"Hate speech can also be heard both in church and among politicians. Even in schools many teachers encourage the intimidation of children suspected of being gay by threatening them with expulsion."

To fight the hostility, particularly that engendered by the 'kill gays' Anti-Homosexuality bill FARUG and other groups recently launched a national “Hate no more” campaign. The aim is to inform people and combat the social exclusion that homosexuals suffer.

She says of the prize:

"It’s a great motivation. This prize means that the rights of homosexuals are an integral part of basic human rights. It’s a strong message to all Ugandans and other Africans who believe that gays are second-class citizens."

"When I’m back home people will say it’s a disgrace for my country. But I take it as a sign of encouragement for all those fighting against the abuse of minorities; respect for human dignity must be everyone’s concern."

The award has thus far been noted (to my knowledge) only in one Ugandan newspaper.

Text of Kasha's speech

Read more »

Seychelles to decriminalise homosexuality, other countries say no and 'not yet'

Image via Wikipedia

By Paul Canning

The African country of The Seychelles has agreed to decriminalise homosexuality. The agreement is part of the country's feedback to the United Nations Human Rights Council as part of the Universal Periodic Review process. The Pacific Island nation of Palau also agreed to decriminalisation.

The Seychelles will also prohibit discrimination based on sexual orientation or gender identity.

The government said:

The Constitution of Seychelles makes provision for all persons to be free from discrimination on all grounds. Article 27 of the Constitution states that “Every person has a right to equal protection of the law including the enjoyment of the rights and freedoms set out in this Charter without discrimination on any ground except as is necessary in a democratic society.” The one provision in the Penal Code for “sodomy” does not directly discriminate homosexuals as it is intended for penalizing the offence of sodomy as such. In any case this provision has never been applied against anyone.

The Government will decide as to when and to what extend the legislation could be
amended to better guarantee the Constitutional precept that lesbian, gay, bisexual and transsexual persons are not to be discriminated in Seychelles.

Pressed on what the timeframe is for change, the second Secretary of the Ministry of Foreign Affairs, Sandra Michel, answered that 'the change of relevant laws would come pretty soon, as the government and civil society want so.'

The Seychelles sodomy law is a relic of the British Empire. Seychellois are 82% Roman Catholic. One third of the workforce are employed in tourism.

Other countries told the UN that they would not be decriminalising.

Sierra Leone said no need as 'there was no discrimination on the grounds of sexual orientation' in their country.

Singapore said no and blamed a 'conservative society' and also claimed that 'LGBT persons did not have to hide their sexual orientation for fear of losing their jobs or for fear of prosecution'. Saint Vincent and Grenadines said that sodomy laws "all enjoyed wide popular support in the State and there was no legislative appetite to repeal any of these provisions."

Also rejecting decriminalisation was Suriname, they said: “Debate with religious authorities and other groups regarding the extension of special rights to LBGT individuals, is necessary." They also claimed no knowledge of discrimination. But they agreed with a NGO representative present in Geneva to discuss LGBT issues further when back home. Samoa also cited Christianity 'and culturally sensitivities' but claimed that any case which reached the court would be thrown out anyway because of 'discrimination'.

The Solomon Islands said they would consider budgeting for a national consultation on decriminalisation. Papua New Guinea claimed they are already consulting.

No NGOs bothered asking the Somalia or Sudanese governments about LGBT issues.

Criminalisation of homosexuality within the Commonwealth is an issue which activists are hoping to get into the agenda of the upcoming Commonwealth Heads of Government Summit. If you live in a Commonwealth nation you can help with the lobbying effort.

Related articles

• Guyana rejects criminalising HIV transmission (madikazemi.blogspot.com)
• Video: European Parliament welcomes recent UN developments on sexual orientation and gender identity (madikazemi.blogspot.com)

As LGBT space closes in Kampala, Uganda tells UN that gays 'recruit'

By Paul Canning

Uganda's only LGBT bar, Sappho Islands, closed Sunday night with the landlady saying, according to activist Frank Mugisha (who has just won another human rights award) that the "bar brings people who look strange".

Activist Kasha Jacqueline said on Facebook that she was "heartbroken".

"We surely need a social space with all that we go thru....check the cute smiles on pple's faces at Sappho and imagine what they are gonna feel after the closure.its really a pity."

Update: Kasha tells Behind The Mask:

“The closure of Sappho doesn’t mean it’s the end of us having a social space. The way I managed to open Sappho in the first place is the way I will open it up elsewhere.”

“More than ever I am very determined. The next one will be bigger and even better. It’s one way of intimidating us but we shall overcome.”

Last year, when the bar opened, activist Val Kalende wrote:

"The opening of Sappho Islands is to me a political statement. Looking how far we have come, I cannot ignore the fact that the Stonewall revolution in the U.S.A sparked off from a bar. When I first heard about Sappho Islands, I saw progress. I celebrated change."

"I have lived among LGBT communities for the past eight years and I know how much having a social life means to LGBT folks. I have learned from listening to people’s stories that sometimes anti-gay laws are not what LGBT persons are most concerned with. They are concerned about being able to meet people like themselves, laughing and forgetting their daily struggles even for a single time. I have been to LGBT social evenings and seen how folks do not want to go back home after the party is over. They value the only time they can be happy and have a good time."

But some might say 'That's one less place for LGBT to recruit!' - which according to the Ugandan state is what gay Ugandans do.

In their submission [PDF] to the United Nations Human Rights Council's Universal Periodic Review they write that:

"There is information of covert recruitment, of especially our children and youth, into such practices which we consider to be detrimental to the moral fabric of our society."

No evidence provided of this of course - because none exists.

The 'recruitment' line is one used widely by the proponents of the 'Kill gays' Anti-Homosexuality bill. Chief frontman for the bill, David Bahati MP, was challenged by US MSM news host Rachel Maddow on this last year when he appeared on her show. Specifically, she asked, where is the evidence? Challenged to produce it, he never has. Nor has anyone else.

Uganda is also arguing before the UN:

"While the Constitution, under Chapter Four, guarantees rights of persons, it also imposes duties and obligations on them to ensure that in the enjoyment of such rights, they do not infringe on the rights of others. Those who practice and / or support lesbian, gay, bisexual, transgender and intersex (LGBTI) issues continue to push for their recognition as a right."

"In Uganda, there is an overwhelming consensus that such practices are untenable; and thus culturally and legally unacceptable. It is our considered opinion that such practices remain a matter of private choice. There should be no promotion of those practices."

The UN's High Commissioner for human rights,  the Special Rapporteur on the right to health, and the Special Rapporteurs on the situation of human rights defenders and on the right to freedom of opinion and expression have all criticised [PDF] Uganda's treatment of LGBT.

Related articles

• UK Denies Visa for Ugandan LGBT Advocate (boxturtlebulletin.com)
• Ugandan Gays Would Welcome Sentamu As Next Anglican Church Head (mask.org.za)
• Ugandan President's wife behind 'Kill gays' bill: Wikileaks (madikazemi.blogspot.com)

Video: pro-LGBT rally in Moscow attacked by fascists

Source: GraniRu

By Paul Canning

A protest rally held in Moscow by a group of activists representing the LGBT, women's, anti-fascist and left-wing movements, ended in a violent confrontation with neo-Nazi groups on Saturday, 1 October.

According to Margaret, a member of the Raduga Association (Moscow), and a participant in the rally the goal of the event was to protest against chauvinistic populism as the trend of the current election campaign involving stigmatisation and appeals for discrimination of the more vulnerable segments of the society.

There is a draft bill restricting women's right to abortion in Russia's parliament and 'gay propaganda' is now illegal in two regions.

The protest was sanctioned by the Moscow government, fascist groups had widely announced their intention to gather at the same place and “bathe in blood” the perceived “enemies of the Russian people”.

One organiser was immediately arrested by the police solely for carrying a (yet unfolded) poster saying “Say No to Discrimination on the Basis of Gender and Sexual Orientation.”

Pic: Zuban_leb, socialistworld.ru

The fascist and Orthodox group, which included several elderly men and women holding Orthodox icons and images of Russia's last emperor Nicholas, tried to pelt the protesters with tomatoes but police held them back.

One older counter-protester said:

“We wanted to see these demons, these beast in the flesh, for ourselves. It is because of them that God will punish the holy Russia and its people. They want to exterminate the holy nation of Russ.”

Younger fascists chanted calls to beat, torture and exterminate gays - incitement which met with little reaction on the part of the police.

 The main slogans of the protesters were: “We stand for the freedom of choice!”, “Free and Safe Motherhood – Children that are Loved and Needed – Happy Families”, “If you say embryo is human, why are women not human for you?” But when gay rights was mentioned police began grabbing people from the rally.

After it was finally decided to curtail the event ahead of scheduled time, to prevent more protesters from being arrested, the activists had to be convoyed by the police to the metro station, surrounded by a raging crowd (see video). The police counteracted attempts by several able-bodied men to punch and kick young women, but several people later complained of bruises and minor injuries.

The main organiser of the repeatedly banned Moscow Pride, Nicolas Alexeyev, noted inaccurate reports of the rally as "First Gay Pride was authorized in Moscow".

"To date, the only LGBT event allowed in Moscow which was applied took place last year in front of the office of Swiss Air Lines."

This followed the bizarre and unexplained abduction of Alexeyev last year, which he claimed the airline abetted.

Alexeyev pointed out that reports of Russian authorities allowing gay events have been used before by Russia to claim they are not banned.

At the last appearance of Russia at the Universal Periodic Review by the UN Human Rights Committee, Russia was asked why they kept banning LGBT public events.

"We do not ban them, there was a gay pride authorized in St. Petersberg" answered the Russian delegation.

Except, says Alexeyev, that what the delegation was referring to as a gay pride event was instead a rainbow 'flash mob' which was not authorised because no one had asked for permission.

"At this time, no LGBT public action had ever been authorized," he adds.

By contrast, Moscow authorities have allowed numerous 'death to gays' rallies.

• Video of the rally speakers (in Russian)

Related articles

• A(nother) day in the life of homophobic Russia (madikazemi.blogspot.com)
• Video: In Russia, activists look forward to 'gay century' (madikazemi.blogspot.com)

Video: European Parliament welcomes recent UN developments on sexual orientation and gender identity

Catherine Ashton image via Wikipedia

Source: The European Parliament's Intergroup on LGBT Rights

Today the European Parliament joined the United Nations’ call for safeguarding the human rights of lesbian, gay, bisexual and transgender (LGBT) people in the world. The text was co-signed by 6 out of 7 political groups, and adopted with a very wide majority.

Welcoming the adoption in June of the first-ever resolution on ‘Human rights, sexual orientation and gender identity’ at the United Nations Human Rights Council, the European Parliament confirmed its concern regarding “human rights violations and widespread discrimination based on sexual orientation and gender identity, both in the European Union and [abroad]”.

With today’s text, the European Parliament welcomed the work done by UN Secretary-General Ban Ki-Moon and High Commissioner for Human Rights Navanethem Pillay for the human rights of LGBT people worldwide. MEPs also addressed a range of recommendations to the European Commission and EU states in order to improve the EU’s own human rights record.

The resolution followed a short debate during which Catherine Ashton, High Representative of the European Union for Foreign Affairs and Security Policy, presented the important work done by the EU and Member States to safeguard the human rights of LGBT people in the world. She also expressed her support for the proposal of an EU-wide comprehensive roadmap against homophobia and transphobia.

Reacting to the vote, Michael Cashman MEP, Co-President of the European Parliament’s Intergroup for LGBT Rights, said:

“Catherine Ashton and the European External Action Service showed their clear commitment to universal and indivisible human rights, including for LGBT people. Today the elected representatives of 500 million citizens stood by this commitment, joining countries from around the world such as South Africa and Brazil.”

Ulrike Lunacek MEP, Co-President of the LGBT Intergroup, continued:

“The Parliament adopted a very strong and sensible resolution, repeating that the EU itself still hasn’t achieved genuine equality in the struggle against homophobia and transphobia. Our demand for global equality is not isolated: the Organization of American States adopted a similar resolution in June, and ever more countries from all continents keep raising their concern about violence and discrimination of LGBT people. This is a truly global call.”

Today’s text mandates the European External Action Service and EU Member States to step up their work for the human rights of LGBT people worldwide.

• European Parliament resolution adopted today (Final version, PDF)
• The UN Human Rights Council resolution of 17 June 2011
• The Toolkit to Promote and Protect the Enjoyment of all Human Rights by LGBT People

Related articles

• Diplomatic leak shows 'cold' French opposition to LGBT asylum rights (madikazemi.blogspot.com)
• EU surveys LGBT rights Union-wide (madikazemi.blogspot.com)