Russia 'starving' detained migrants

By Paul Canning

An Uzbek news source is reporting that detained migrants in a remote centre in Russia are "emaciated, exhausted and unwell" from being fed only bread and water for months.

The same detention centre was investigated by the BBC in April. They found disturbing evidence of neglect, abuse, and overt racial discrimination by officials.

The detention centre is hundreds of miles from Moscow, in the northern Ural mountains.

“The immigrant workers are being taken off trains and brought to the detention centre ‘to ascertain their status’, but often this process lasts for months,” a well placed source employed in Uzbekistan’s penal system told Uznews.net, asking not to be identified.

The source said that those released from the centre fear "even more unpleasant consequences” if they speak out.

Uznews.net quotes a young man, Sodyk, saying that there were around 40 Uzbek workers who were emaciated, exhausted and unwell. Most were aged about 20 but looked much older. Many had had their passports taken away illegally by the local police.

“Every so often they would allow us to make a phone call but only to other parts of Russia,” Sodyk continued. “The food rations for the most part consisted of a piece of bread with water; for dinner they only gave us boiled water.”

The BBC report found refugees living in a collection of rotting mobile homes that had been used by East German labourers in the 1980s.

The buildings were falling apart. In the bathrooms, there were holes in the walls. Many of the rooms had buckets in the middle of the floor to catch the water dripping through electrical fittings in the ceilings. Most walls were warped with water damage.

The buildings were well insulated, but the residents said some bedrooms were bitterly cold when the temperature outside dropped to -30C.

The BBC reported racism directed at the Africans in the camp and locals shouting Nazi slogans at the refugees as they were being interviewed.

Russia's Federal Migration Service's official spokesperson was sacked after he told the BBC:

"What is now at stake is the survival of the white race. We feel this in Russia. We want to make sure the mixing of blood happens in the right way here, and not the way it has happened in Western Europe where the results have not been good"

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"How does a lesbian come out at 13?" UK treatment of lesbian asylum seekers

Image via Wikipedia

Source: Women's Asylum News

By: S. Chelvan*

In September 2011, an Immigration Judge addressed this question to the representative of a lesbian appellant from Pakistan, highlighting her disbelief of the appellant, despite the appeal being ready to proceed.1 It is astounding that there are still those who need educating in the simple facts that the differences between straight, as compared to lesbian, gay and bisexual appellants, are in fact found in the experiences of all human beings. This is particularly shocking after the training provided to Immigration Judges by STONEWALL earlier this year following HJ (Iran) and HT (Cameroon),2 which repeated the mantra to the judges, “It is not what we do, but who we are”. Would anyone ever ask “How does a teenager come out as straight at 13?”. In the hetero-normative society we live in, there are still those who assume that every child is programmed as straight as this is ‘normal’, ignoring the core development of a sexual and gender identity, straight, bisexual, gay, lesbian, trans or intersex, based on identity (including desire and love), and not merely conduct, in all human beings.

The rejection of a straight life

Following guidance and training since the UK Supreme Court’s July 2010 landmark ruling in HJ (Iran) and HT (Cameroon)3 there are decision-makers who engage with detailed analysis of such claims, and who would reject as highly unacceptable and legally flawed decisions which are based on personal ignorance, or in some instances blatant homophobic bigotry. For example, in July 2011, the Upper Tribunal reversed the dismissed appeal of a gay man from Uzbekistan, finding the adverse credibility findings as perverse. The deeply flawed approach of the Immigration Judge in the initial appeal included the question “When did you first engage in buggery with your boyfriend?” clarifying that the reference to ‘buggery’ was perfectly acceptable.4 The invisibility of lesbians, bisexual women, trans and intersex women, has until recently reflected the blatant ignorance of asylum decision-makers. The recent Upper Tribunal country guidance case on Jamaican lesbians,5 shows a much welcomed engagement with the core issues of difference, stigma, shame and harm (‘DSSH’)6 which are at the core of the narrative of the majority of LGBTI claims. SW importantly identifies risk categories to those who are, or those who are perceived as lesbian in Jamaica, where an individual does not live a ‘heterosexual narrative’ (i.e. have men ‘calling’ or have a boyfriend/husband and/or have children). Six years since the Tribunal concluded that the finding “there is some force that perception is key” was non-binding,7 the Tribunal has finally applied this to the core trigger of “difference”.

Correcting a historical wrong

This article explores how the development of case law in the past twelve years shows a significant attempt by the UK to identify what is at the core of asylum claims made by lesbians.8 There is a need to recognise that it is the failure to abide by the “heterosexual narrative” which creates the “difference” with heterosexual individuals. This difference is linked to stigma and results in asylum seekers’ shame and a continuing fear of harm in their home country. This understanding is at the heart of identifying the protection needs of women in sexual and gender identity asylum claims. It was the case of two women who feared domestic violence at the hands of their husbands in Pakistan9 in 1999, which established that “homosexuals” could be considered a particular social group in addition to women. Lord Steyn recognised an international consensus based on prosecution, or the potential prosecution, of predominantly male same-sex conduct. This landmark judgment reflects that the Refugee Convention is a living instrument and should be interpreted as such. Ironically and shamefully, this corrected the historical wrong which hid the fact that ‘homosexuals’ were also part of the persecuted in Nazi Germany: in ignoring such facts, the framers of the Convention created a protection gap in the UK of nearly fifty years.10

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Video: some Arab and African nations obstruct on HIV/Aids at UN, whilst South Africa makes historic pro-LGBT stand

This video is of the first person living with HIV/Aids prepared to be open about their sero-status in Egypt.

Source: AlJazeeraEnglish

According to the UN specialist news source Inner City Press the Syrian representative denounced a HIV/Aids resolution on Friday at the United Nations whilst pretending to speak for all Arab countries

Matthew Russell Lee reports that Ambassador Bashar Ja'afari claimed that the Arab Group objected to the listing of vulnerable groups - which includes 'men who have sex with men' (MSM) and others often labeled 'MARPS' (most at risk populations) - in the resolution saying that such designations are up to member states and their “national characteristics.”

But Green was told by Lebanon's expert on the AIDS negotiations that Syria did not speak for all of the Arab Group: “He was speaking for himself.”

During the same session, The Holy See (the Vatican) denounced condoms, ignoring the Pope's recent historic statement.

Lee asked UNAIDS chief Michel Sidibe about Iran's speech, where they denounced “risky and immoral behavior”. He replied that he will keep speaking out on these “controversial” topics, continue to work on it. There's much work to be done in Iran, he was asked - “a lot,” Sidibe replied. 

Lee heard numerous complaints from civil society and medical groups about the politics and prejudice inside the closed UN room.

Read more »

In US, gay asylum seekers gaining ground?

Image by Matt Algren via Flickr

Source: WGLB

By Kilian Melloy

An American organization that assists GLBT asylum seekers reports that it helped a record number of gays from hostile home countries secure safe haven in 2010.

Immigration Equality, working together with legal volunteers, successfully assisted 101 GLBT asylum seekers last year, according to a press release issued by the organization on Feb. 7. The largest number from a single country was 28; those refugees came from Jamaica, one of the most violently homophobic nations in the world.

Gays in Jamaica are reportedly subject to mob violence, sometimes beaten and even murdered in their own homes. Homophobia is deeply rooted in Jamaican culture, with anti-gay songs played at dance halls. Homophobia is further inculcated into the society by anti-gay religious leaders.

A further 10 gay asylum seekers came from other Caribbean nations, the press release noted.

Other sexual minorities who won the right to stay in the United States and not be shipped back to face anti-gay persecution--which can often be life-threatening--came from Russia (seven of the 101 individuals), Uzbekistan (four asylum seekers), and Ghana (three individuals), among other nations.

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US grants gay Uzbek man asylum

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Source: Columbia Law School

Columbia Law School’s Sexuality and Gender Law Clinic has won asylum for a gay man who feared persecution because of his sexual orientation if forced to return to his native Uzbekistan.

The grant, issued by the U.S. Department of Homeland Security, comes at a time when gay people in Uzbekistan face serious threats, both from police and the surrounding community.

"In Uzbekistan, I lived with terror every day,” said the man, who remains anonymous out of fear of continued persecution. “I was arrested and abused by the police for having an intimate relationship with another man. Even after I escaped the country, the police have tried to track me down at my parents’ home, and I know if I had to return, my life would be in danger.”

The Uzbek Criminal Code makes “homosexual conduct” a crime punishable by up to three years in prison. The U.S. State Department has also reported that prisoners face a high-risk of torture and abuse; human rights organizations confirm that gay men are especially vulnerable.  

“Our client’s situation highlights the severe risks that gay people face throughout Uzbekistan,” said Erin Meyer ’11, a student who worked on the case. “The police trap gay men, extort them, and send them to prison if they do not pay thousands of dollars in bribes. Our client had already been threatened with arrest and extorted and knew that prison would be next, if he did not escape.”

 The client was referred to the Sexuality and Gender Law Clinic by Immigration Equality, a national organization focused on immigration rights for GLBT individuals that provided important assistance in the case.
 
“In Uzbekistan, the police treat the ‘homosexual conduct’ law as a free pass that lets them abuse gay people both physically and politically,” said Donna Azoulay ’10, who also helped prepare the asylum application. “Asylum will allow our client to remain in the United States and begin to rebuild his life without fear that the police stand ready to take him away.”

Since January, four students from the Sexuality and Gender Law Clinic —Azoulay ’10, Larra Morris ’11, Meyer ’11, and Jennifer Simcovitch ’11 — prepared the asylum application. The students spent many months conducting interviews, drafting affidavits, researching country conditions, and preparing the client for his interview with the asylum office.

“We are thrilled to have been able to help this young man obtain safety in the U.S.” Morris said. “No one should have to live in fear or hide due to his sexual orientation.”

Columbia Law School’s Sexuality & Gender Law Clinic addresses cutting edge issues in sexuality and gender law through litigation, legislation, public policy analysis and other forms of advocacy. Under the guidance of Professor Suzanne Goldberg, clinic students have worked on a wide range of projects, from constitutional litigation to legislative advocacy to immigration cases, to serve both individual and organizational clients in cases involving issues of sexuality and gender law.

New UK government recognises International Day Against Homophobia

By Paul Canning

Both the Home and Foreign and Commonwealth Office have released statements recognising the International Day Against Homophobia (IDAHO).

In Turkey, the British Embassy released a statement saying it was "proud to celebrate IDAHO with colleagues from many countries and the Turkish LGBT rights group KAOS GL!" On Friday 14 May Stuart Adam, its Head of Political Section, took part in the opening panel discussion at the Fifth International Conference Against Homophobia in Ankara.

The following day the Embassy co-hosted a reception in Ankara for diplomats, politicians, journalists and human rights activists. Later it monitored the gay pride march through Kizilay, a neighborhood of the Turkish capital.

Two years ago the Foreign Office adopted an official programme to support the human rights of gay, lesbian, bisexual and trans people in other countries.

According to pinknews.co.uk there was (unsourced) speculation "whether the custom would continue under the new Conservative-Liberal Democrat coalition government".

Conservative New Europe Minister David Lidington released a statement saying:

"The UK has a long and proud history of defending the basic rights and freedoms of the oppressed and vulnerable.

"We are committed to promoting British values overseas and to placing human rights at the heart of foreign policy.

"Everyone, including gay, lesbian, bisexual and transgender people should be free to enjoy the rights and freedoms to which people of all nations are entitled."

According to the Foreign Office website the Uzbekistan Embassy also published support for Idaho.

Home Office Minister Theresa May marked IDAHO saying:

"This government is committed to creating a society that is fair for everyone and supports equal rights for lesbian, gay, bisexual and trans (LGBT) people."

"This means supporting civil partnerships, tackling homophobic bullying wherever it occurs, changing the law regarding historic convictions for consensual gay sex and using our international influence to put pressure on countries where LGBT people are persecuted."

"‘These commitments show our determination to tear down the barriers that continue to hold people back."

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Uzbekistan's Aids shame

Image via Wikipedia

Source: guardian.co.uk

By Paul Canning

In Uzbekistan it seems that promoting condoms and sterile needles to stop the spread of HIV is "immoral" and deserving of imprisonment in its notorious jails. The country, ruled by dictator Islam Karimov – and recently lambasted by the UN Human Rights Committee – has given one of its leading Aids workers a seven-year sentence.

Maxim Popov is the founder of the now-closed non-governmental Aids organisation, Izis. The group had support from international donors including USAid and the British government's Department for International Development (DfID).

Publications used worldwide in sexual health promotion got him into trouble with the dictatorship. They included HIV and Aids Today, a brochure that discusses the use of condoms in HIV prevention, the need for sterile needles for injecting drug users, and education on HIV prevention within same-sex relations; a UNAids brochure, HIV and Men who have Sex with Men in Asia and the Pacific and a textbook, Healthy Lifestyles, the Guidance for Teachers, published in Kyrgyzstan and Kazakhstan with international funding.

"The Uzbek government said that the book constituted an 'assault on minors without violence' and ordered the book incinerated and barred from circulation," said Robin Gorna, executive director of the International Aids Society.

Popov's indictment actually says that the content of the Healthy Lifestyles book "does not meet the requirements of didactics, literature, art, journalism, and psychology, as it does not take into account national traditions, culture, and customs of peoples living in Uzbekistan; on the contrary, the book promotes erotica and pornography".

Imprisoning Popov is not only a violation of human rights, but has damaged public health efforts in Uzbekistan, Gorna said. "In most countries around the world the work done by Maxim Popov would be drawing praise and support."

Uzbekistan has one of the world's fastest-rising HIV infection rates. About 16,000 cases of HIV were reported in 2009 – more than an 11-fold increase from 1,400 cases in 2001.

Read more »

Uzbekistan jails AIDS advocate over work: activists

Image via Wikipedia

Source: AFP

An AIDS activist in Uzbekistan has been sentenced to seven years in prison for writing a brochure that authorities said would promote antisocial behaviour, activists said Thursday.

Maxim Popov was convicted last September, his colleagues told AFP, but his case only came to light this week after US-based watchdog Human Rights Watch asked local activists to investigate his situation.

"Maxim Popov was convicted for writing a brochure which was funded by the Global Fund to Fight AIDS and UNICEF as an effort by international donor organisations to raise awareness about the disease in the country," said an AIDS activist who worked with Popov.

Prosecutors argued that the brochure, which called for the use of condoms during sex and sterile needles when injecting drugs, was promoting immoral behaviour, the activist said.

The court ordered the brochure incinerated and barred from circulation, said the activist, who asked to remain anonymous for fear of retaliation by Uzbek authorities.

The brochure explained the use of condoms in detail, a sensitive topic for Uzbekistan, a largely Muslim country which publicly condemns pre-marital and extra-marital sex.

Uzbek prosecutors would not confirm the sentencing. Officials in the former Soviet republic rarely give public comments about politically sensitive cases and many trials are held behind closed doors.

A spokesman for the UN Children's Fund (UNICEF) in Tashkent could not immediately be reached for comment.

Ruled for two decades by strongman President Islam Karimov, Uzbekistan is a frequent target of criticism from human rights groups who accuse the Uzbek authorities of torturing prisoners and tolerating little dissent.

The regime argues that its tough policing techniques are necessary to protect the secular government from Islamist militants.

The most populous state in Central Asia, Uzbekistan has at least 16,000 people living with HIV, according to the most recently available report from UNAIDS, the joint UN programme on AIDS.

Authorities have long been suspicious that foreign aid organizations have been trying to spread homosexuality and drug use, said another activist who also requested anonymity.

"I think they made Popov a scapegoat," he said.

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