Showing posts with label algeria. Show all posts
Showing posts with label algeria. Show all posts

Thursday, 24 November 2011

Beirut as an LGBT refuge? "It’s not great"

Vista de la ciudad de Beirut, Líbano.Image via Wikipedia
Source: Globalpost

By Don Duncan

The Algerian secret service gave transsexual Randa Lamri an ultimatum: Leave the country within 10 days or risk imprisonment and the defamation of her family.

Lamri, like many persecuted gays, lesbians and transexuals in the region, looked to Beirut for refuge.

“I was scared for my security and for the future of my family,” says Lamri, 39, who came to Lebanon on a tourist visa and immediately set about securing a work visa so that she could stay longer.

A founding member of an underground lesbian, gay, bisexual, transgender and intersex (LGBTI) rights association in Algeria called Abu Nahas, Lamri’s way of life had begun to provoke anonymous death threats from Islamist groups and persistent calls and visits to her workplace and family home from authorities.

Finally, the pressure became too much for her to bear.

“My brother-in-law told me: ‘If you die or go to prison and we find out why, your family will be disgraced and I’ll divorce your sister,’” Lamri says over coffee recently in an east Beirut café. She is tall with long jet-black hair and speaks in hushed words punctuated by the occasional toothy giggle.

Like many of the dozens of LGBTI people who flee to Lebanon from Middle Eastern and North African countries each year, Lamri joined up with a network of acquaintances, many of whom she’d met through activism back in Algeria. Relieved to have escaped the dangers facing her at home, Lamri quickly settled into her new-found freedoms in Lebanon.
“Life is much better here than in Algeria,” she says. “Dressing like a woman in Algeria can lead you to anything from three months to three years in prison. Here, there are no laws against transsexualism.”
Many LGBTI refugees here depart home in such haste that there is not enough time to go through the minimum two-month long visa process to get to Europe or North America. So Lebanon has, for many, become the only feasible refuge. It has a simpler visa procedure (many can get it on arrival at the airport) and enjoys a general perception in the region that its capital Beirut is a liberal, relatively gay-friendly city.

“I think the first place they think of [coming to if they can't get to Europe or North America] would be Beirut, primarily because there is an LGBT infrastructure,” says Rasha Moumneh, researcher for the Middle East and North Africa for Human Rights Watch. “You have LGBT organizations, you have the UNHCR here, which is very aware of the specificities of LGBT asylum seekers and refugees.”

The “LGBT infrastructure” Moumneh mentions includes the only openly active LGBTI NGO in the region, Helem, as well as various LGBTI-sensitized services such as ReStart, a clinic which offers psychological counseling for refugees fleeing traumatic conditions, a UNHCR office which is familiar with and sensitized to the specific needs and vulnerabilities of the LGBTI community, as well as a pretty vibrant gay scene of bars, cafes and nightclubs.

“I didn’t think Lebanon was going to be as liberal as it is,” says Lamri, who entered the country in 2009.

It is hard to find an accurate figure of how many LGBTI people fleeing their countries arrive in Lebanon yearly. Out of fear of deportation, many stay away from registering themselves with any NGO or with the UNHCR. Many of those who do register, cite other reasons for fleeing, such as war and internal strife in the case of Iraqis and Syrians. The UNHCR office in Beirut says it gets up to two dozen people annually claiming refugee status for reasons related to their sexuality or gender status. Gay rights groups cite similar figures but acknowledge that this may be just the tip of the iceberg. Some activists say the true figure could be as much as triple the UNHCR figure.

From time to time the numbers spike severely, when there are political developments in other countries, sending members of the LGBTI community fleeing. A coordinated campaign in Iraq in 2009, against gay men primarily, led by the Shia Mahadi Army militia and the Sunni Al Qaeda in Mespotamia militia, claimed the lives of hundreds. Iraqi gay men, or men suspected of being gay, were hunted down in a move to “clean” the morality of Iraq which had been “corrupted” by the foreign influence brought by the U.S invasion in 2003.

A Human Rights Watch report details a litany of threats and torture that Iraqi men faced – being burnt alive, being hung in public places, decapitations, castrations, rape, anuses being glued shut. The campaign sent hundreds fleeing, many to Beirut.

Hamdia, a 20-year-old Iraqi gay man living in Beirut, had already fled before the 2009 homophobic campaign of violence, which has made it unlikely he will ever move back. His family fled to Syria in 2006, after his 11-year-old brother was kidnapped by a gang and was released for a $60,000 ransom. Hamida, who goes by a pseudonym, was still in high school at the time and finished it in Damascus, but the $60,000 ransom meant that his family could no longer afford to send him to London for university as planned. He now studies fashion design in Beirut.
“In Syria, you don’t feel safe. You have the secret police and they are watching you,” he says in his apartment in the west Beirut neighborhood of Hamra. “In Iraq, they think Beirut is like Europe and they have this picture that it is perfect. Beirut is better, sure, but it’s not great.”

Monday, 10 October 2011

Video: Today is the fifth National Day of LGBT Algerians



Source: Têtu

By Amir Amokrane

Nicknamed "TenTen" because of its date (10/10), the National Day of LGBT Algerians goes on the offensive this year, despite the prohibitions. Numerous actions are planned in this country that still condemns homosexuality to prison.

At first, it was just an idea launched among a small circle of activists. Five years later, October 10 has become a don’t-miss date: that of the National Day of LGBT Algerians. Several advocacy groups are now involved in the day. Officially illegal, these organizations have to be based abroad to avoid their leaders falling under the law and spending their next ten years behind bars.

Candle at 8 PM

Last year, the watchword was hope. This year, it is mobilization. In the region of Algiers alone, no less than seven homophobic crimes were recorded in 2011, and it was important for activists on the ground to act. Actions are conducted under the leadership of two associations, Abu Nawas and GLA (the forum of gays and lesbians from Algeria). This will also be an opportunity for the Alouen association to be officially launched and to present its projects.

Across the country, but also across the world, LGBTQI Algerians are asked to light a candle precisely at 8 PM, whether in their home or in their windows. Other events are planned, be they dinners, film screenings and discussions. Locations, however, are kept secret until the last minute and are known only to the activists to avoid unpleasant surprises. Since a video announcing the event was put online, the number of views (as well as homophobic comments) has greatly exceeded expectations, which says a lot about the importance of this day and of the precautions to take.

LGBT Library

Abu Nawas will take the opportunity to inaugurate an LGBT library, fruit of an ambitious and unprecedented project. One of the leaders of the association explained that they had sent out an appeal for books to enable their community to read books about themselves, something that is so simple abroad but is a dream in Algeria, as the marketing of such books is banned. Three hundred books have already been collected through two collection points, in Marseille and Brussels.

Morocco will have its own national day, on October 19. Organized by the Kif-kif association, this day commemorates the anniversary of Leila Amrouche, a Moroccan lesbian who, under the pressure and denial of society, chose to end her life.

Translation by F Young

Tuesday, 7 June 2011

In Middle East and North Africa, UNAIDS supports step up for gay/MSM services

Map of commonly included MENA (Middle East & N...Image via Wikipedia
Source: UNAIDS

Men who have sex with men (MSM) and transgendered people are amongst the most stigmatized populations in the Middle East and North Africa (MENA). In spite of social tension and sensitivities, most countries in the region have recognized the importance of programming for, and working with, MSM to strengthen effective national AIDS responses. Nevertheless, existing prevention programmes have remained limited in scope and scale, highlighting limitations in coverage and quality.

In this context, UNAIDS brought together representatives from civil society, governments, national AIDS programmes and regional and international partners to a workshop in Lebanon to discuss ways to scale up interventions that focus on the needs of MSM in the region.

The workshop was organized in collaboration with Helem-Lebanese Protection for LGBT association, the International AIDS Alliance (AA) and the Regional Arab Network Against AIDS (RANAA). It focused on the outcomes of a policy research project entitled “Enabling Access to HIV Services for Men Who Have Sex with Men - Situational analysis and Partnership Development”. The main purpose of the research, conducted in Algeria, Lebanon, Morocco and Tunisia, was to identify ways to enable and facilitate this access to HIV services.

Existing repressive laws and policies deter MSM from seeking HIV prevention, treatment, care and support services.  Currently 18 of the 21 countries that form the MENA region criminalize male to male sex behaviour — and four enforce capital punishment.

Participants at the meeting highlighted the importance of creating enabling environments that allow unrestricted dissemination of prevention messages and services, appropriate provision of HIV treatment, care and support services, and the empowerment of MSM and transgender population in planning, implementing and evaluating programme strategies.

Participants also reviewed a handbook developed by UNAIDS, based on field experiences and lessons learnt, to inform effective, expanded and culturally sensitive programmatic interventions among MSM and transgender people.

“Most programmes in MENA are still at a pilot stage. We need to scale up current programs using the extensive experience over the last years. This handbook, adapted to the region’s context, will hopefully inform interventions among MSM and transgender people,” said Ms Nicole Massoud, Regional Monitoring and Evaluation Advisor for the UNAIDS regional support team.

There are no reliable estimates of the number of men who have sex with men in the region. However, there is documented evidence of increased HIV spread and risk among MSM and transgender people, which may result in concentrated HIV epidemics over the next decade.
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Wednesday, 25 May 2011

Audio: Problems with LGBT asylum in Europe - and correcting a report

Source: Deutche Welle



By Laura Schweiger

Fearing for their lives in nations where homosexuality is illegal, some gays and lesbians seek asylum in Europe. But not all EU countries treat LGBT refugees equally and many claims are reportedly dismissed unfairly.

Same-sex sexual acts are illegal in over 70 countries, including seven which invoke the death penalty for breaking this law. It's therefore no surprise that some gays and lesbians seek asylum in more gay-friendly countries, including in European nations like Belgium, Germany and the UK.

Yahia Zaidi is one such refugee. He arrived in Belgium almost three years ago seeking asylum on account of his sexual orientation, as well as his political activism in Algeria for Lesbian, Gay, Bisexual and Transgender (LGBT) people.

The young gay man had spearheaded an HIV/AIDS prevention organization for the gay community in the cities of Algiers and Oran. Persecution from the general public as well as government officials was a part of life for Zaidi in his homeland.

"I got arrested in Algeria once when I was 17 years old. I was just hanging out on the street with a friend, but I looked a bit effeminate with my long hair," he remembered.

"The policeman was trying to force me to sign something that I didn't admit to, so I didn't sign it. Then another policeman signed it on my behalf. Since that time I have been publicly outed with the police and the government in Algiers, and they even keep a register containing all the names of gay people in Algeria."
Most LGBT asylum claims dismissed

Tuesday, 19 April 2011

Report: Morocco's much criticised treatment of migrants abetted by EU

Morocco-mapImage via Wikipedia
Source: Global Detention Project

Traditionally a country of emigration, Morocco is also a key transit country for sub-Saharan migrants seeking passage to Europe. Since the early 2000s, the European Union (EU) has pressured—and provided funding to—Morocco to stem the flow of migrants transiting the country. Morocco introduced its first Migration Act in 2003, which provides stringent criminal sanctions for violations.1 

Observers have criticised a number of Moroccan immigration policies and practices, including the lengthy periods of time (in some cases years) foreign nationals are held in administrative detention; the practice of stranding  foreign nationals in the desert; detaining vulnerable groups, including pregnant women and children; and opening fire on migrants attempting to cross into the Spanish enclaves of Ceuta and Melilla (EMHRN 2010; Flynn 2006); and for the criminalisation of both irregular entry to and exit from the country (GADEM 2009). Additionally, rights groups have argued that officials routinely fail to strictly apply the provisions for the Migration Act (GADEM 2009; EMHRN 2010).

Observers have also directed criticism at the EU for abetting Moroccan immigration practices. A 2010 study concluded that EU cooperation with Morocco on immigration policy “runs the risk of contributing directly to the implementation of migration policies that are contrary to the basic rights of migrants and refugees” (EMHRN 2010, p.54).

Detention Policy

Tuesday, 1 February 2011

In Algeria, a gay blog breaks boundaries

Source: IGLHRC

Pioneering Algerian blogger ZIZOU runs and writes ZIZOU’s Magazine, which is one of the most prominent and popular Arabic-language blogs for the LGBT community, focusing on everything from human rights and politics to entertainment (http://zizoumag.blogspot.com/). As part of an ongoing series highlighting creative tools used by sexual rights activists globally, IGLHRC asked ZIZOU about the importance of blogging for LGBT activism.

ZIZOU: The LGBT rights blogging phenomenon has grown extensively and impressively in recent years in parallel with developments in human rights in general and in the field of modern technology, especially the Internet. This has allowed these media channels to develop quickly and to compete with traditional channels of intellectual and cultural information.

A blog for me is an investment in freedom that benefits from the World Wide Web, which is beyond government censorship. Blogging allows me to discuss political, social, and frank personal issues that don’t otherwise reach people through other channels in a simple and funny (sometimes cynical) way.

There are many factors that have helped develop blogging and made it accessible for LGBT activism, including specialized online services with ready-to-use formats that make publishing an easy process. Blogging doesn’t require much time or effort and it does not require a high level of education, permits, capital, employees, or distributors. It is also possible to create a blog under a pseudonym allowing one to discuss issues frankly and without external threat or the pressure that comes just from talking about some issues.

The idea of a blog has itself allowed me to break down the geographical, political and social boundaries between countries. However, there are still various barriers that activist bloggers need to overcome. It is critical to prioritize developing consensus on principles and codes of conduct in the burgeoning field of LGBT blogging in order to ensure the ongoing communication and cooperation of the many diverse LGBT bloggers (whether professionals, researchers, scholars, innovators, or students) who want to capture lost freedom and who desire change.

This work of developing a consensus around human rights requires bloggers to have a lot of courage because they face many pressures when they discuss issues related to the social, political and legal situation in their countries. Some may end up facing restrictions such as having their blogs blocked and may end up being persecuted and even imprisoned for their work. For this reason this work cannot happen individually - support and collective action is required.

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Thursday, 11 November 2010

Action alert: Algerian gay man facing deportation from France

Coat of Arms of AlgeriaImage via Wikipedia  
Source: Ardhis

[Google translation]

Update, 22 November:

Rafik is free despite the relentless prefectural


After the maximum of 32 days retention, Rafik was placed in custody Wednesday, November 17 in the morning by the prefectural authorities who considered that he had twice prevented the procedure repeated. The prosecutor has presented in court Thursday afternoon in immediate appearance. It emerged free of the hearing, the judge who acquitted the corrections of the first obstruction, and, for the second, which gave him an appointment June 30, 2011 to decide his sentence in light of its evolving administrative situation.

Exhausted physically and morally, and Rafik Amine, his companion, returned to their Paris home.

Rafik should file as soon as possible before the National Court of asylum proceedings for annulment of the rejection of his asylum application by the Office for Refugees, and apply to the Commissioner of Police for the repeal of his deportation order to seek a residence in Algeria as "seniority, stability and intensity" of his relationship with Amin. The Ardhis continue to support and Rafik Amine in their efforts.

Our association welcomes the commitment of its activists for more than three weeks to help Rafik. It also welcomes the voluntary commitment of ordinary citizens, activists and other associations, or of local, national and European. Indeed, this is clearly working activist who has been critical to put an end to the state of deprivation of liberty in which Rafik was fact.

We must now mobilize wider so that the law changes and such eagerness are no longer possible.

Contacts:
Marc: marc@ardhis.org
Florence: ostier@noos.fr

~~~~~~

Rafik (1) arrived in France in December 2009 after fleeing Algeria. Civil protection officer was on the coast, he met Amin in 2006 (1), a French citizen, with whom he formed a relationship.

Amine found him there several times a year while on holiday in Algeria. Their relationship, though illegal, raises rumors. The Algeria criminalizes homosexuality, although arrests are rare, homophobia is thereby encouraged, often leading to acts of persecution against homosexuals. In September 2007, Rafik is physically assaulted, who incurs injury to the face and neck. From this episode, the social life of Rafik was reduced as a trickle because he felt perpetually threatened. This situation then decided to leave Algeria at all costs. In September 2009, he embarked on a tub and manages to reach Europe. He finds Amine in Paris, the only person from whom he wants to build his life today.

Since late 2009, Rafik Amine and therefore live as a couple in Paris and want to unite their lives permanently. The couple, who planned to end PACS 2010, waiting to testify a year of living together to demand the regularization of administrative Rafik with the support of the association Ardhis.

Rafiq was arrested at a police checkpoint in Paris on October 17. The prefecture reported a APRF him and ordered his placement in a detention center in Vincennes where he is from. Through lack of remedies in detention, without an interpreter and legal assistance, he could not challenge the removal order in a timely manner before the administrative court. As for the claim that he was able to formulate an emergency, it was rejected in first instance by OFPRA. At this stage all legal avenues are exhausted standstill and a flight is scheduled Nov. 16 to extend current in Algeria.
  • Rafik wants to file an appeal with the Court of National Right to Asylum in order to assert its new fears
  • Rafik Amin wants to live with in France, a land that protects
  • Rafik can not return to a country where he feels threatened
(1) borrowing Forenames

We urge you to show your support for Rafik seeking the Prefect of Paris Police: see sample letter below or view and edit online.

Contact the Prefect of Police to send your letter:
  • Fax: 01 53 71 67 23 + email: prefpol.dpg-foreign-secretariat @ interieur.gouv.fr

Attention of the Prefect of Police

Mr. Prefect

I would like to draw your kind attention on the situation of a young homosexual Algerian currently detained in administrative detention center (ARC) of Vincennes.

Rafik (1) arrived in France in December 2009 after fleeing Algeria. Civil protection officer was on the coast, he met Amin in 2006 (1), a French citizen, with whom he formed a relationship.

Amine found him there several times a year, while on holiday in Algeria. Their relationship, though illegal, raises rumors. The Algeria criminalizes homosexuality, although arrests are rare, homophobia is thereby encouraged, often leading to acts of persecution against homosexuals. In September 2007 Rafik is physically assaulted, who incurs injury to the face and neck. From this episode, the social life of Rafik was reduced as a trickle because he felt perpetually threatened. This situation then decided to leave Algeria at all costs. In September 2009, he embarked on a tub and manages to reach Europe. He finds Amine in Paris, the only person from whom he wants to build his life today.

Since late 2009, Rafik Amine and therefore live as a couple in Paris and want to unite their lives permanently. The couple, who planned to end PACS 2010, waiting to testify a year of living together to demand the regularization of administrative Rafik with the support of the association Ardhis.

Rafiq was arrested at a police checkpoint in Paris on October 17. Your services have reported a APRF him and ordered his placement in a detention center in Vincennes where he is from. Through lack of remedies in detention, without an interpreter and legal assistance, he could not challenge the removal order in a timely manner before the administrative court. As for the claim that he was able to formulate an emergency, it was rejected in first instance by OFPRA. At this stage all legal avenues are exhausted standstill and a flight is scheduled Nov. 16 to extend current in Algeria.

• Rafik wants to file an appeal with the Court of National Right to Asylum in order to assert its new fears
• Rafik Amin wants to live with in France, a land that protects
• Rafik can not return to a country where he feels threatened

For all these reasons, the name of human rights and on behalf of the right to privacy and family, I ask you, Mr. Commissioner of Police, to kindly make his liberty Rafik abandoning a deportation, scheduled, seems inevitable, and give instructions so that APRF taken against Rafik be revoked and that he be granted a temporary residence permit to enable it to conduct its review procedure serenely from the CNDA.

Please accept, Mr. Commissioner of Police, the expression of my distinguished salutations (s),

Organization (if applicable), Name, Surname

Signature

(1) borrowing Forenames
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Tuesday, 19 October 2010

Algeria: "We want to show that a new era begins for LGBT"

Source: Tetu

By Habibou Bangré

[Google translation]

The militant group Abu Nawas - name of the poet "gay" from the eighth century buried in Baghdad (Iraq) - October 10 celebrates the fourth annual LGBT Algerians. Criminalization of homosexuality forces, there has never been a Pride march in the country. While members of the community symbolically lit a candle at the same time to break the isolation ...
 
Since the first edition, participation is "shy" but gaining momentum, thanks to Gay and Lesbian partner of Algeria (GLA). Still, the concept is decommunitised. This year, Abu Nawas officially invite the LGBT supporters to join the movement to 20h. Whatever their nationality and sexual orientation.
 
TÊTU: For the first time, the day has a LGBT theme: hope. Why is that?
 
Yahia: To show that a new era begins, we hope to change everyday, get a social change in terms of LGBT rights. We hope that tomorrow everyone LGBT can live his life like any Algerian. Finally, it does not take much: just have the same rights as everyone else!
 
The concept is changing a bit for this fourth edition ...

Since the launch, there has always been discreetly: we lit a candle at home. This time we decided to go out into the street to the Algerian people say we're here, we exist and we are among them. The idea is to represent the 48 wilaya (prefecture, ed) with pictures of candles made in the different monuments. We've already received pictures from several cities in Algeria (Oran, Algiers, Jijel, Setif) but also others taken with a symbol of Algeria to the United States, Sudan, Qatar, Lebanon, Jordan, Palestine, in Jerusalem.
 
The photos will be used. Comment? How?

It has not yet defined what we were doing, but one of our members thought of designing a beautiful album - "Elachi," which means in Algeria "sociability" - and edit it. We could do something artistic rather interesting.

Wednesday, 13 October 2010

Paris hosts first international conference of Muslim gay associations

Imam Moulana Muhsin Hendricks (left), the only cleric in the world with Daayiee Abdullah (right)
Source: Tetu

[Google translation]

"It is possible to be a good Muslim while being homosexual." The assertion is often in the words of Imam Moulana Muhsin Hendricks, the only cleric in the world with Daayiee Abdullah taking his homosexuality publicly. Saturday, they were both in Paris, under high security police, to attend the first international conference of Muslim gay associations, Calem (LGBT Conference of European and Muslim).

"Islam is often misunderstood by the LGBT

"Being a good Muslim means being at peace in his heart and soul, says Daayiee Abdullah, imam in Washington.  We must reach the point where two poles of his life, his faith and sexuality are reconciled. And my personal study of the Quran taught me it was possible. "For both religious, nothing in the Koran condemns homosexuality and those who are in his name wrong interpretation. However, they confide that "the Muslim community is not necessarily ready to accept differences," and in return, "Islam is often misunderstood by the LGBT community."

To "build bridges between communities" and provide "the right to be gay and Muslim," Imam Hendricks created 13 years ago in South Africa The Inner Circle , the only major international association of gay Muslims. Its mission: "to fight against the internalization of homophobia leading to suicide and some gay Muslims against forced marriages and the social pressure that pushes gays to lead double lives."

Death penalty

Its action has become a model for other associations of gay Muslims. Saturday, they were to have found a dozen to share their experiences. Among them, several European associations which HM2F (Homos Muslims in France), organizer of the meeting. "Being gay and Muslim is a reality for us, but many questions arise to best reconcile our sexuality and our faith, says the association. That's why we need a space for sharing and hospitality. We must also be organized to assert our rights with States and with the Muslim community."

For other associations, to assert their rights is a matter of survival, advocate for the LGBT cause an action that may be worth the jail. A dozen activists are rushed in the Maghreb and the Middle East, aware that being identified as gay prohibit their return to their country. In turn, they discussed the underground, the threat of extremist groups, condemning the law, sometimes to the death penalty, homosexuality. "We do not have the right to hold us together," said a young Algerian militant. The best gateway to advocate is to join associations to fight against HIV. We also try to create a network on the Internet, the least risky area for homosexuals. In Algeria, homosexuality is a crime, always presented as a deputy from abroad. We want to claim both our homosexuality and our Algerian identity. "

"One day the Muslim countries accept homos"

LGBT associations have recently emerged in most countries of the Maghreb. In an attempt to ensure their safety, they have created an informal network of support but the fear of repression everyone's mind. "I think the government knows our existence," says a Moroccan militant. For now, authorities have kept total silence, it's almost a positive response."

The struggle in these countries represents the biggest challenge in the eyes of Moulana Muhsin Hendricks. He is sure "that one day, all Muslim countries accept gays, before braking his optimism:" But it will take time, I do not know if I'll still be alive to see it. "


Les homos musulmans et deux imams gays rassemblés à Paris

Samedi, des militants homos musulmans du monde entier se sont retrouvés à Paris. Les deux seuls imams ouvertement gays au monde étaient présents pour délivrer leur message: être homo et musulman est possible. D'autres militants maghrébins ont fait le récit de leur clandestinité.

«Il est possible d'être un bon musulman tout en étant homosexuel». L'affirmation revient souvent dans les paroles de l'imam Moulana Muhsin Hendricks (ci-dessus, à gauche), le seul imam au monde avec Daayiee Abdullah (à droite) à assumer publiquement son homosexualité. Samedi, ils étaient tous les deux à Paris, sous haute protection policière, pour participer à la première conférence internationale des associations homos musulmanes, Calem (Conférence des associations LGBT européennes et musulmanes).

«L'Islam est souvent mal perçu par les LGBT»

«Etre un bon musulman signifie être en paix dans son cœur et son âme, explique Daayiee Abdullah, imam à Washington. Il faut atteindre le point où deux pôles de sa vie, sa foi et sa sexualité, sont réconciliés. Et mon étude personnelle du Coran m'a montré que c'était possible.» Pour les deux religieux, rien dans le Coran ne condamne l'homosexualité et ceux qui le font en son nom se trompent d'interprétation. Pourtant, ils confient que «la communauté musulmane n'est pas forcément prête à accepter les différences» et qu'en retour, «l'Islam est souvent mal perçu par la communauté LGBT».

Pour «jeter des ponts entre les communautés» et donner «le droit d'être gay et musulman», l'imam Hendricks a créé il y a 13 ans en Afrique du Sud The Inner Circle, la seule association d'envergure internationale d'homos musulmans. Sa mission: «lutter contre l'intériorisation de l'homophobie qui conduit au suicide certains musulmans homos et contre les mariages forcés et la pression sociale qui pousse des homos à mener une double vie».

Peine de mort

Son action est ainsi devenue un modèle pour les autres associations d'homos musulmans. Samedi, elles étaient une dizaine à s'être retrouvées pour échanger leurs expériences. Parmi elles, plusieurs associations européennes dont HM2F, (Homos musulmans de France), organisatrice de la rencontre. «Etre homo et musulman est pour nous une réalité, mais beaucoup de questions se posent pour concilier au mieux notre sexualité et notre foi, explique l'association. C'est pour ça que nous avons besoin d'un espace de partage et d'accueil. Nous devons également être organisés pour faire valoir nos droits auprès des Etats et auprès de la communauté musulmane.»

Pour d'autres associations, faire valoir ses droits est une question de survie, militer pour la cause LGBT une action qui peut valoir la prison. Une dizaine de militants sont ainsi venus du Maghreb et du Moyen-Orient, conscients qu'être identifiés comme homos leur interdirait un retour dans leur pays. A tour de rôle, ils ont évoqué la clandestinité, les menaces de groupes extrémistes, les lois condamnant, parfois à la peine de mort, l'homosexualité. «Nous n'avons pas le droit de nous organiser en association, raconte un jeune militant algérien. La meilleure porte d'entrée pour militer est d'adhérer aux associations de lutte contre le VIH. Nous essayons également de créer un réseau sur Internet, l'espace le moins risqué pour les homos. En Algérie, l'homosexualité est un crime, toujours présentée comme un vice venant de l'étranger. Nous voulons revendiquer à la fois notre homosexualité et notre identité algérienne.»

«Un jour, les pays musulmans accepteront les homos»

Des associations LGBT ont récemment vu le jour dans la plupart des pays du Maghreb. Pour tenter d'assurer leur sécurité, elles ont crée un réseau informel d'entraide mais la peur de la répression hante tous les esprits. «Je pense que le gouvernement connaît notre existence, explique un militant marocain. Pour l'instant, les autorités ont gardé un silence total, c'est presque une réponse positive.»

La lutte dans ces pays représente le défi le plus important aux yeux de Moulana Muhsin Hendricks. Il est sûr «qu'un jour, tous les pays musulmans accepteront les homos», avant de freiner son optimisme: «Mais ça prendra du temps, je ne sais pas si je serai encore en vie pour le voir.»
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Sunday, 10 October 2010

Video: It's national LGBT day in Algeria

Source: abunawasdz



TenTen is the national LGBT day in Algeria. Organised by the Abu Nawas group, LGBT light candles, photographs of which are collected in this Facebook album.

Monday, 13 September 2010

Being gay in Algeria today

Coat of Arms of AlgeriaImage via Wikipedia
Source: Gay Maroc


By Slimane

[translation by F. Young]

Living their sexuality in hiding, the gays of Algeria are taking up more and more public space, but face a reactionary mentality. In this country, where the penal code severely condemns homosexuality, gays are faced with severe difficulties. Alongside this sexual battle, a social struggle also plays out that is crucial to their future.

Algiers

With its suburbs, its minarets and its streets where pedestrians stroll by, an air of tranquility lives in this city bathed by the sea and the sun. It is 10 a.m. Salim, 25, a hairdresser who looks like a model, leaves his home on foot to go to work. A resident of the popular Badjarah neighbourhood East of Algiers, he is one of the gays that live in hiding.

Although he smiles for his customers, he doesn’t hide his despair. “I wonder why I’m not like the others,” says the hairdresser. “Life is difficult. To escape the judgment of others, the only solution is discretion.” To confront his day-to-day worries, Salim devotes himself to his one and only joy, bodybuilding. "When I go to the gym, I feel radiant,” says the young man. “Sometimes, you can have fantastic encounters there.” He says that men sometimes connect at the gym, while, on the Internet, you can’t know who’s hiding beneath.
 
The Internet doesn’t help

Friday, 16 July 2010

Transsexual's memoirs breaks new ground in Arab world

Source: AFP

By Natacha Yazbeck

In a daring, unprecedented move, a pioneer of the Arab world's underground transgender movement has released her memoirs, recounting her struggle to become a woman against all odds.

"Mouzakarat Randa al-Trans", or "The Memoirs of Randa the Trans", is a brutally honest narrative that traces Randa's battles with family, society, country, religion and abuse in her native Algeria.

Co-authored by Lebanese journalist Hazem Saghieh, the 144-page book released this year in Beirut unflinchingly details Randa's life from childhood as a male to her first sexual experience with a man and the consequences of her choice to live as a male-to-female transsexual.

"At some point I put two bottles of pills on my dresser and knew that I had a choice," Randa, who was named Fuad at birth, told AFP in Beirut.

"I could either die now by taking the entire vial of medication, or start on the vial of hormones and live -- as a woman and with the possibility that I might die at the hands of someone else."

Long-running death threats last year forced her to leave her homeland and, with an expired European visa and friends in nearby Lebanon, Beirut seemed the obvious choice.

"I had been receiving threats for some time," she said. "General security in Algeria had built a file on me, and I had been 'warned' by certain Islamist groups.

"Last April, I was given a 10-day ultimatum: leave or be killed."

Saturday, 26 June 2010

France: Said is free and has found refuge

Gay Pride, Lyon juin 2009Image by mafate69 via Flickr
Source: Ardhis, Lesbian and Gay Pride of Lyon

[Translation by F Young]

Inter-agency news release

Said is Free and has been Granted Refugee Status
Paris, June 26, 2010 - Nearly three weeks ago, our two associations were alerted of Said's situation.

Said is an Algerian. He arrived in France four years ago. For three years, he has been living in Lyon, France, in a PACS civil union with René.

Two years ago, Said had sought asylum because of fears of persecution as a homosexual in Algeria, but his application was rejected by the Office Français de Protection des réfugiés et apatrides (OFPRA - French bureau for the protection of refugees and stateless persons), and then by the Cour Nationale du Droit d'Asile (national court on the right of asylum) last December. The prefecture of the Rhone then notified him that he was required to leave French territory within a month. Said and Rene filed an application for review (recours gracieux) before the Prefect of the Rhone seeking the annulment of the decision to deport him, arguing the reality of their PACS civil union, whose shared life they said was solidly documented over more than three years. Poorly advised, they did not file an administrative appeal (recours contentieux) before the administrative tribunal. The Prefect did not respond to the formal complaint and therefore confirmed its decision to expel him. Three weeks ago, the police came to the couple's home and placed Said in detention.

Despite interventions by our associations and despite the evidence provided to the prefecture by the couple's lawyer, the expulsion was not suspended.

Fortunately, in the meantime, Said was able to assert his right to claim emergency asylum in the meantime. He therefore requested a review of his situation by OFPRA. Yesterday, Said was recognized as a refugee under the Geneva Convention. He was released, his expulsion was rescinded and he received permanent protection.

Our associations are reassured about Said and welcome a particularly strong decision by OFPRA.

However, we do not fail to note also that if OFPRA had not granted him refugee status, Said could be in Algeria today, separated from his companion even though he had been living with him for three years now.

Do we accept that the authorities of our country separate a couple because one of them has no papers? What about the fundamental right to privacy and family? Do we accept that our country breaks in a few days the lives of men and women, some living here for many years, for no other reason than to achieve a target number which has no explanation?

[Original]
Said est libre et reconnu réfugie - communique interassociatif

Tuesday, 13 April 2010

Algeria: Two-year jail sentence for gay imam

Al-Kawthar MosqueImage by Bachir via Flickr
Source: L'expression
 
By Kamel Boudjadi
(Google translation) 
The judge at the court of the city of Tizi Ouzou made yesterday in the afternoon, his verdict on the imam of the Al Attik charged with homosexuality. Caught in flagrante delicto in the mosque, Imam, aged 36, was sentenced to a term of two years and 20,000 dinars, while his companion was sentenced to the same penalty.

The facts date back, in fact, in February when the faithful have warned the police about acts of Imam caught. He will be detained and interrogated by the prosecutor and then placed in custody. Yesterday, the prosecution had sought against him a sentence of ten years.

Deux ans de prison pour l’imam homosexuel

Le juge près le tribunal de la ville de Tizi Ouzou a rendu, hier dans l’après-midi, son verdict au sujet de l’imam de la mosquée Al Attik inculpé pour homosexualité. Pris en flagrant délit au sein de la mosquée, l’imam âgé de 36 ans, a écopé d’une peine de deux ans et de 20.000 dinars d’amende, alors que son compagnon a été condamné à la même sanction. Les faits remontent, en fait, au mois de février lorsque des fidèles ont averti la police sur les actes de l’imam pris en flagrant délit. Il sera écroué et entendu par le procureur puis placé sous mandat de dépôt. Hier, le parquet avait requis contre lui une peine de dix ans.
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Wednesday, 23 December 2009

Algerian trans asylum seeker needs help

The flag of Algeria.
Source: GAAI

Urgent Call for DONATION to Save life of Randa the Algerian Trans founder and leader of the AbuNawas (LGBT Activist Group in Algeria) who escaped in April to Lebanon with the help of Meem. Now she is in jail in Lebanon, she risk to be expelled to Algeria. If that happens it could mean a death sentence. Meem needs donations for the fees of the Lawyer. Please help save her life

Report from Yahia Zaidi

Dear friends,

In April 2009, we have helped an Algerian transsexual woman who has survived many death threats get a visa to come to Beirut. It had become dangerous for her to live in Algeria, and she landed in Beirut hoping to apply for Asylum to another country from here so she can continue her trans operations and live her life without fear.

At the time, we had welcomed her into our community, expecting her to stay with us for a few months, maybe more, while we provided the financial and emotional support she needed.The past few weeks have been especially difficult as she was arrested at the General Security (GS) while applying for a work permit, because of a case of mistaken identity. When that happened, we immediately contacted a lawyer with whom we are still working very closely to get our friend out of prison.

The military tribunal cleared her name within 24 hours, nevertheless, the GS are still detaining her for further investigations with regards to her residency/work permit.Currently detained at the GS, it has become clear to us that there is a need that we, as a community, come together in order to support one of our own who is in a crisis situation.

Some of us have written her letters, some have visited her bringing along bags of fruits & vegetables, a bit of cash and words of comfort, some have snuggled her hormones in little bottles, along with chocolate and books, to her jail cell, some have gotten together to organize fundraisers, etc.As amazing and meaningful as these acts of support and friendship have been and as much as they are needed at the moment, we are still quite far from being able to cover the expenses that are at hand.

The lawyer has informed us that the expenses of this case (including minimal lawyer fees and work permit costs) will range somewhere between 2000 USD – 3000 USD and will be urgently needed the day our friend is given a residency permit which will (hopefully) be very soon.

We are relying entirely on donations and the smallest contributions go a long way. We are a community of hundreds, if not thousands of people, and if each one of us managed to donate at least 10 USD and suggested that their friends do the same, we can put together a support fund in a matter of days. If for any reasons you cannot donate at the moment, there's still a lot of actions that you can do to be more involved with this case.

For your contributions and donations, please send an email to lynn@meemgroup.org or yahia.zaidi@gmail.com It's at times like these that we must stick close together as community and show that we care for each and every one of us, especially when that "one of us" is going through difficulties.

Thank you for your support!

Please help Her

Yahia Zaidi

~~~~~~

Algerian gays celebrate anniversary in seclusion    



Source: Behind the mask

October 23, 2008

By Abeli Zahabu

ALGERIA – 23 October 2008: The tenth of this month marked the second anniversary of Abu Nawas which aims to fortify solidarity and provide support to the gay community in Algeria.

On that special day this month, the Abu Nawas members intended to use the day to celebrate across ensuring belonging to the Arabic and Muslim world despite the sexual orientation which is largely despised in that environment.

“On 10 October the Muslim world celebrated the birth of Selim I, the first Khalife of the Ottoman Empire and who happened to be gay himself and to love boys. We want to take part into this celebration to show in our unique way that we are still and we’ll remain Arab and Muslim and while being gay”, Karim Randa, co-founder of Abu Nawas, explained.

This only Algerian lesbian, gay, bisexual, transgender and intersex (LGBTI) organisation had planned a petition to be signed by all LGBTI individuals and to be sent to the Algerian government to demand the recognition of gay rights, but couldn’t be forwarded because Algeria is fraught of homophobia and very restrictive laws are enacted towards homosexuality.

However, Abu Nawas decided to repeat the symbolic and silent candle light vigil it had on its first anniversary in 2007.

Said Randa: “Our objective at this second anniversary is to raise awareness among Algerian LGBT that we are a community and that we are not fighting each one his/her own battle. It is also an opportunity to tell the world that we exist and we are here to stay.’

This message of mutual support and solidarity in such hostile environment towards Algerian LGBTI people is all Abu Nawas members needed in this time of tribulation and fear.

“For an Algerian LGBT individual that I am, the candle light vigil is very significant. It symbolises continuity and hope in our fight for the recognition of our rights. Even though it won’t bring an immediate change, the lighting of candles shows that we exist and we still hope for a better world”, Nabil Ali-Toudert, another Abu Nawas member, who found refuge in South Africa, confided.

LGBTI members have several reasons to fear for their life in Algeria just like in most African countries. Not only the constitutions and penal codes prohibit and punish homosexuality, but LGBTI individuals and organisations have to fear the mob mentality.

“Had the public knew about our celebration or who was behind it, we would have been molested”, Randa cautioned.

He concluded that the Algerian society is so homophobic to such an extent that they cannot make public activities.
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Saturday, 31 October 2009

Asylum seekers discussed at ILGA-Europe annual conference

Source: ILGA-Europe

Asylum seekers workshop at ILGA-Europe annual conference, Malta, 31 October 2009

Description of the workshop:
The EU legislation on asylum defines minimum standards that explicitly include the possibility of granting protection in case of persecution on the ground of sexual orientation. The studies carried out by LGBT organisations show that the implementation by Member States is far from satisfying. In the coming years a “Common European Asylum System” will be establish. It is time to look at the best possible interpretation of the existing directive, looking for harmonisation in the light of best practices.

Presentations from the workshop can be retrieved below.

Presenters:
Joël le Deroff, ILGA-Europe’s Policy Officer, Søren Laursen, LBL (Denmark), S. Chelvan, ALEGRI (UK) & Yahia ZAIDI (Abu Nawas, Algeria)

Main issues discussed:
  • Presentation on how asylum decisions are taken in Denmark – highlighting the fact that in many cases LGBT applications are rejected in the first stages\In most countries the definition of a refugee is the convention one in 1951 – is it still valid?
  • LGBT is considered as a basis for refugee claim in the convention. New EU legislation includes sexual orientation as a ground for persecution – however still not enough.
  • Sexual identity is more than just sexual conduct.

Main outcomes:
  • LGBT asylum seekers are not getting the help they need. Most of the times it’s a matter of whether officer/agent believes your experience. How to tell if a person is really LGBT?
  • We need to obtain insight into decisions from other European countries – Good practice.
  • Belgium asylum seekers assisted by local social workers. Need to be taken into consideration that LGBT asylum seekers might find presence of their communities in the same open centre.
  • According to the UNHCR Guidance Note on Sexual Orientation and Gender Identity, if the state forces people to be discreet, that’s a violation of human rights. Everyone has a right to an identity.
  • In reality when society is against you, that is a form of persecution. Discrimination leads to persecution.

Tuesday, 20 October 2009

Gay in America: When culture and sexuality collide



Source: Windy City Times

By Bill Healy

At some point, nearly everyone grapples with their identity—faith, family and sexual orientation.

But, as the following individuals attest, it can be even more difficult for minorities or immigrants struggling to sort through their sexuality.

Phillip Ozaki, 22, Filipino and Japanese-American:

"As if I didn't have enough identity struggle being both Japanese and Filipino, and American, to add the gay identity to it is just a huge struggle."

"The Japanese perspective is one of practicality. It's like, 'Why would you marry a gay person? You can't have kids.' In Japanese culture you're supposed to be very socialized and very like everybody else. It's very taboo and unknown and invalid to be a homosexual.

"But Japanese Americans have this long history of struggle and internment camps and especially civil rights. So I feel like they're more tolerant of other cultures especially the gay community because they understand that American culture can take away the rights of minorities just for being a certain identity.

"The Filipino perspective is very different. Gay means super flamboyant. They're really Catholic. The majority of gay Filipinos I've met are closeted to their parents, and identify as bisexual as a leeway to act like they're straight. In Filipino-American culture I'd say it's the same way: very closeted, very Catholic, very not discussed.

"It's as if no one really gets me, I think. Because I'm ethnic and because I'm a minority it's like this double minority. It's like I'm double silenced. The way I like to say it is: The more of a struggle you have the more you have to fight for."

Ahmad Refky, 30 Egyptian-American:

"If you choose to, you can reconcile your culture, your religion and your sexuality."

"The first time I came to the United States I was 16, a high school exchange student. Then I went back to Egypt for college. That's when I realized more about my sexuality. I came out when I was 18. My natural father beat me and sent me to a therapist. At the same time in Egypt they were starting to arrest gay people and throw them in jail and prosecute them. When I was 21, that's when my host family sent me a plane ticket. It became obvious back then that there was no going back to Egypt. That's when it was suggested to me to apply for political asylum. And I got it. "You have to accept yourself. A lot of gay immigrants still live in their cultures back home. They're afraid to come out. If you live in Chicago but you're afraid to come out because maybe your mother in Morocco will find out, I think that's an irrational fear.

"In Egypt you're growing up in this culture where everything you say is going to reflect on your family. Family is important but when it comes down to choosing between being true to yourself or bending to the breaking point so you can satisfy your family, you need to be true to yourself. You don't have to totally give up your culture to be gay."

Dalila Fridi, 39, Algerian-American:

"It took me a long time to accept myself."

"I came here when I was 19. I came to go to school here but also to live with my uncle and his family. I lived with him while I was taking care of his household and going to school part-time. I was kicked out of my uncle's house when his wife found out I was a lesbian. I was 26. I was raising their kids. The youngest was born the day I arrived to America. So she was like my little girl and all of a sudden I can't be around them because I'm a lesbian.

"I tried to date boys. But it just didn't work out. I was a rebel and in my mind getting married to a man meant I would lose who I am and I would lose my independence.

"When I joined Equality Illinois I met all these other groups—Latino groups, South Asian groups—and I asked myself, 'How about Arabs? How about us Middle Easterners, North Africans?' And I've met these guys before and they always would say they were Latinos. And I would respond, 'No. You don't look Hispanic.' But they would not come out. And then I would say, 'I'm Algerian.' And little by little they would say, 'I'm from here, I'm from there.' They're afraid and still are even after meeting others like us."

Graham Carpio, 55, Filipino and Italian-American:

"Here I am living in Chicago, still culturally backward but totally understanding myself as a gay man."

"I was born in the Philippines where my father worked for the American State Department. My dad is Italian. My mother is Filipino. I went to schools run by the Brits—international schools. Because they catered to the diplomatic corps, the culture there was not American or any particular culture.

"I came to America when I was 16 and realized that I might be gay and that was my first inkling that I might need to have an identity. I came to Chicago. I didn't identify as a Midwesterner because I lived in Manila, Tokyo and Paris and absorbed much of that influence.

"So as I realized I might be gay I latched onto that identity and nurtured that identity because it was the only one that I thought I actually needed.

"The Oscar Wildes, the Stonewall riots, the Harvey Milk types are more a part of my history and cultural identity than George Washington or Abraham Lincoln or Teddy Roosevelt are."

Alicia Vega, 39 Mexican-American:

"There are different layers of identity that exist."

"It's extremely difficult for men to come out in the Latino community because the emphasis is on being masculine and in control. Machismo is extremely emphasized in Latino culture. For women to come out and to say, 'I don't need to have a man in any of my immediate relationships to prosper,' it's almost like being anti-Latino.

"When I went to college and was looking at where I wanted to identify myself, I went first to the Latin American Student Organization. I felt welcome as a Latina but the lesbian piece of me felt left at the door. I looked into the gay student organization but the Latina and the female piece of me was the minority in the group.

"When I became affiliated with Amigas Latinas [ a Chicago-based organization for Latina LBTQQ women ] , I felt like it was the first time that no part of me had to leave.

"In my relationships with women, I tried to fit the traditions of the Mexican culture and Catholic religion into it, for myself and to please my parents. Being lesbian, unfortunately, is counter to many of these traditions, but I still try because it is who I am."

Carlos Mock, 53, Puerto Rican:

"We have three things that make us go crazy—religion, machismo and family."

"In San Juan everybody knows everybody. If you are over 30 and you're single everybody immediately starts talking. I know couples that have been together 35 years and they still have two apartments because they can't live under the same roof.

"I figured I had to get out of that island. I knew I could never pursue my desire to be a doctor there. I never would have been able to have a life. "To my mother the biggest sin that I could make was that I could never give her grandchildren. The Catholic Church is very strong. When I came out she wouldn't talk to me for three months afterwards. The culture is so strong

"I am very out. I don't mind holding hands with my husband. I lost most of my Puerto Rican gay friends because they don't want to be seen with me because I'm loud. It reflects on them. That's how bad it is down there. They don't want people to know that they're gay even though they're more effeminate than someone like Paris Hilton."

Bernard Cherkasov, 33 Azerbaijani-American:

"As immigrants in a new land, my parents stressed that family has to support each other."

"I was born in Azerbaijan, which borders Iran, Turkey and Russia. We fled when I was 13 because Azerbaijan was engaged in a civil conflict, and life for ethnic and religious minorities was increasingly difficult.

"Azerbaijan is trying very hard to engage the western world and as a condition of entering the Council of Europe they had to decriminalize homosexuality in the year 2000. But it's still very taboo.

"By the time I acknowledged to myself I was gay I was nearly 18 years old. I saw positive role models at my university. My parents also saw positive gay role models in their world.

"When I would date somebody the first thing my parents would do was to sit them down and feed them. If you ate all the food, then you were all right with them.

"When they met my now-husband Danny—part of his family comes from Persia and Iraq and India, so the foods he was used to eating is very much like ours—he passed my parents' "food test" from the get-go, and this was comforting to them. He instantly became part of the family."

Cathy Sikora, older than 50, Polish-American:

"It certainly wasn't acceptable when I was young although I know plenty of Polish people who are gay."

"There is still a lot of stigma being a gay person in Polish culture, including being transgender. There are forward-thinking people and people who will accept you. But it's mostly not in their mindset yet. It's not that they're so backward. They're just not there with people being out.

"My sweetheart and I have been together just about 30 years. We are both immigrants. Our daughter is 19. When we were in Poland a few years ago visiting, quite a few people saw us as two women and a teenager. There didn't seem to be an issue, maybe because they saw us as two women visiting.

"While I don't hide who I am these days, I don't advertise either. It was rather confusing when I was young, now I just quietly live my life.

"I knew that it would be a real tough sell to tell anyone I grew up with, Polish people. They're still very traditional. They don't accept things as easily as their American counterparts.

"I think they need to get used to gays and our lifestyles and what we go through."

Imi Rashid, 36, Bangladeshi:

"I definitely face a very real struggle in that I don't think I could ever move back to Bangladesh and live my life the way I do currently. "

"I'm completely out to my mom and my sister. I'm not formally out to my dad. I imagine he suspects it or has gotten hints of some sort from my mom because he no longer asks me when I'm going to get married. "I met a woman in her 50s who came to the States for a conference on gay rights and she has started a small group for lesbians in Bangladesh which was unfathomable to me. I didn't even think that was possible. There's the inkling of a small movement starting. It's nowhere near progressed to the stage where it's a mainstream issue but I think that's part of the reason. There's no visibility.

"In the beginning I didn't think it was important to have a partner who was also Bangladeshi. But at some point down the line it sort of felt like there was this internal yearning for it. Not only to not have to explain myself all the time but all of a sudden it dawned on me that I would really love to be able to speak to my partner in my native tongue. And I'm not sure why that was so important but it just came up as something that I had a longing for. I wrote an essay about it that was published in an anthology and oddly enough my partner was in that anthology and that's how we met. And she's Bengali. And now I can speak to her in my native language and it's the most wonderful thing in the world."

Jason Lee:

"I'm 100% Korean-American. My parents immigrated here. I was born here in America.

"In Chicago there's a really small minority of gay Asian Americans. You hardly see them scattered around in the bars. They're just with a group of people. It's very small and its very close knit and the reason they're close knit is because you don't see them having that family time with their own flesh and blood. With their gay and lesbian friends, they become family because they know that they don't have anyone else to rely on.

"A couple years ago there was a big fad in Korea to be gay. Some celebrities came out. And I got very upset because here in America we fight for our rights.

"Coming from a religious background, it made it difficult for me to come out. I felt very alone. I didn't want to hurt my parents and disappoint them. I really care about them. I know that they still love me because they still do affectionate things but there's a lot of disregard. They didn't kick me out but a part of them is very rock solid, like a wall with me. It makes it difficult but just coming out made me grow up into more of an adult. Because I realized if family can be like that to you, you've just got to stand your own ground. You gotta live."

Liz Thomson, 35, Vietnamese-American:

"From 22 to 30 there was this whole span of reconciling and integrating my multiple identities."

"I'm interim director for University of Illinois' Gender and Sexuality Center and have identified as bisexual since college in the mid-90's. Even before I knew the term, I knew that I didn't only like men.

"My initial awareness of difference definitely came from being adopted by two white parents, which began my racial identity. In college, I explored what it meant to be Asian American in a predominantly white space. Then, about sophomore year, my sexual orientation identity developed. I found myself attracted to a woman even though I'd dated men for high school and college. Being bisexual, means retaining and honoring that feeling of love. After college, it was about putting all my identities together—bisexual, Asian American, adopted, female.

"Our identities develop differently at different times and ways. Right now, I'm bringing all my multiple identities together. I don't think my identities were meant to be cohesive all at once, which is something I wish someone had told me earlier."

Moises Villada, 26, Mexican-American:

"I'm gay, yes, but do I fit the model of mainstream gay America? Physically, it looks very different."

"There's definitely this sense within Mexican culture of the male being uber-masculine and the ideas of machismo being so powerful and even overwhelming to the point where to be a man means to be straight and to be the head of a household.

"My experience was a little different because I never felt that my dad was overtly homophobic or closed-minded. My parents were very open and very receptive to different people so I never got that strong sense of masculinity when I was growing up but it's apparent in soap operas, television and that sort of thing.

"Growing up I had to be in a Latino environment and speak Spanish and then also be in an American environment and speak all English and I was able to see how the two worlds are very different and very contrasted. Being gay in the American identity, it seemed like it was very open, and then in the Latino identity you had to be very quiet. I felt like I was more oppressed in a Latino context than in an American context.

"I didn't realize I had all these identities until I got older and realized that there are pockets of division between all of us in all these ways."

Wednesday, 3 June 2009

Gay Algerian granted asylum in France


Inter-LGBT
ARDHIS
The Pink Panther
LDH local Malakoff - Montrouge - Bagneux
RESF 92
LGBT Greens Committee

Release

Paris on 29 May 2009

"Samir" is free!

Organizations, public figures and citizens mobilized to prevent the deportation of "Samir", a young Algerian man detained since May 14 at the Bobigny administrative detention center and welcome the decision of the OFPRA to grant him refugee status by Geneva Convention.

This confirms, if needed, that the criminalization of homosexuality and gender identity in many countries justifies the LGBT nationals seeking asylum in France benefit from this status.

Many LGBT people remain in detention in our country who are at risk of deportation, an arbitrary threat which affects their lives and presides over their destinies.

Our organizations urge the French authorities in charge of asylum claims to take seriously these situations into account before submitting to the expulsion of people whose integrity and dignity are threatened.

Sunday, 2 November 2008

EU-Regulations and Asylum Issues

EU MapImage by centralasian via Flickr
Source: ILGA-Europe

Workshop held at the ILGA Europe Annual Conference , Vienna, 30 October - 2 November 2008

By Sabine Jansen, COC Netherlands

I would like to start with some explanation and a few remarks on the Conventions that apply to LGBT asylum seekers in Europe. After that I will give two examples of issues in asylum policy that form specific obstacles to LGBT people. Then I will say something about two recent cases that are important for the Netherlands and maybe for other European countries as well.

Convention matters

In theory LGBT asylum seekers who flee for reasons related to their sexual orientation or their gender identity in most European countries could qualify for asylum. In the Netherlands this is case-law since 1981. There are two possible ways.

To qualify for a refugee-status under the 1951 Refugee Convention (the Geneva Convention) one should have a well-founded fear of being persecuted for one of the grounds mentioned in this convention: race, religion, nationality, political opinion or membership of a particular social group. Although ‘Sexual orientation’ or ‘gender identity’ are not explicitly mentioned in the Convention, LGBT people can be seen as ‘members of a particular social group’, who share a common characteristic and have a distinct identity due to the perception in the society of origin. On this ground they should be protected against persecution by the Refugee  Convention. 

The second way in which LGBT people could obtain asylum is a status based on Article 3 of the European Convention on Human Rights, that forbids to send someone to a situation where he or she has a ‘real risk’ of being subjected to ‘torture or an inhuman or degrading treatment or punishment’. This is also called ‘subsidiary protection’.

These two asylum statuses are also described in the EU Refugee Status Directive, that has been adopted by the EU member states and came into force in 2004.[1] It contains minimum standards: states are allowed to give more protection than is prescribed by the Directive.

The Directive should have been implemented in your national legislation since October 10th 2006. Now that this date has expired, people can call upon the Directive itself in the national procedures. The national judge should then apply European law.

The Refugee Directive says in Article 10 explicitly that ‘depending on the circumstances in the country of origin, a particular social group might include a group based on a common characteristic of sexual orientation.’ National legislation of the EU member states must therefore include in the ground ‘particular social group’ the possibility of groups based on sexual orientation .

Article 10 continues: ‘Sexual orientation cannot be understood to include acts considered to be criminal in accordance with national law of the Member States.’ I do not understand the intention of this phrase. It resembles Country Reports with sentences like: ‘Homosexual acts are punishable by law, the penalty is three years of imprisonment. The penalty on homosexual acts with a minor against his will is seven years.’ We would call this ‘rape’ or ‘child abuse’ instead of homosexuality. This kind of information does not belong in a Country Report chapter on the situation of LGBT people. Why would the Directive describe criminal sexual orientation acts? To exclude criminal asylum seekers one could apply other articles of the Directive.

When I did research on the legal position of homosexual asylum seekers in the Netherlands, I identified several problems, of which I will now describe two examples. If you want more information about these issues, I could send you the article I wrote, although an extra problem is, that it is in Dutch.[2]

State protection against non-state actors

Sometimes LGBT people flee their country of origin, because they are persecuted directly by the authorities. But more often the persecutors are so-called ‘non-state actors’, family, neighbours etc. For a long time the idea was that a real refugee is someone who is politically active and persecuted by the state. So women and LGBTs, who often flee because of violence by sexist or homophobic non-state agents, did not fit this image. It is very important that the Directive explicitly recognizes non-state actors as actors of persecution or serious harm.

When a LGBT person is so mistreated by non-state actors that he or she decides to leave the country in search of safety elsewhere, one of the questions that is posed by the Immigration officer is: ‘Did you go to the local authorities to ask for protection?’ Sometimes the answer is: ‘Yes, but they refused to help me’ and sometimes the answer is: ‘No, because I am afraid of the police’.

A gay man from Algeria fled to the Netherlands after he was gang-raped by fifteen ‘civilians’. His asylum claim was refused, because he should have asked the Algerian police to protect him. He did not do so, because a few years earlier he was raped by a police officer and in Algeria homosexuality is punishable with three years imprisonment. According to Dutch Immigration officers the first rapist was just one policeman and he could have asked help from other or higher authorities. It’s true that homosexual acts are criminal in Algeria, they argued, but rape is too. Finally they granted him asylum, but this took almost four years of procedures.

In general, people fleeing because of persecution by non-state actors are supposed to seek protection in their home state first. Though in my opinion it is not reasonable to expect from an LGBT person to turn to the police for protection in a country where homosexuality is a crime or where the general atmosphere is homophobic.

Article 6 of the Refugee Directive states that actors of persecution include non-state actors, ‘if it can be demonstrated that the State is unable or unwilling to provide protection’. But who has to demonstrate this, on whose shoulders is the burden of proof? The general answer is: ‘the asylum seeker’, but I think the burden of proof should be on the receiving state. The state should first demonstrate that the authorities of the country of origin are in general able and willing to offer protection to LGBT people, before expecting the asylum seeker to turn to the police.

There is support for this idea in the Refugee Directive. Article 7 of the Directive says that protection is generally provided, when the state takes reasonable steps to prevent the persecution. The state should operate ‘an effective legal system for the detection, prosecution and punishment of acts constituting persecution’ and the applicant should have access to such protection. In homophobic societies this kind of protection will seldom be available. So, when someone was persecuted by homophobic non-state actors in the state of origin, you could try to refer to the Directive.

The right to privacy or private life

In 1981 the European Court of Human Rights (ECHR) decided that the provision that criminalized homosexuality in Northern Ireland was a violation of the right to privacy in Article 8 of the European Convention on Human Rights (ECHR).[3] This decision was followed by similar judgements on the criminalization of homosexuality in Ireland and Cyprus.[4]

The only time a gay asylum case was decided upon by the European Court of Human Rights was in 2004 when the Court judged the case of a gay man from Iran who sought asylum in the UK. The Court rejected his claim at the right to private life in Article 8 of the Convention. Although homosexuality is a crime in Iran, this does not mean that deportation of a person to this country is a violation of Article 3 or 8 of the ECHR. Iran is outside the European Union and this country is not a party to the European Convention.[5]

Decision-makers sometimes argue that gay people will not be persecuted as long as they act discreetly or are not openly gay. And of course, if all LGBT people would stay in the closet completely, there would probably be no harassing, rape, ill-treatment, murder, torture or discrimination of LGBTs. The Netherlands recently adopted the policy not to use this argument anymore, but for instance the UK still does: The British Home Secretary said that ‘Gay and lesbian asylum-seekers can be safely deported to Iran as long as they live their lives "discreetly".’[6]

The advice to act discreetly upon return is a violation of  the right to privacy and ‘the right to privacy includes the choice to disclose or not to disclose information relating to one’s sexual orientation or gender identity’, as the Yogyakarta principles state.[7] The Michigan Guidelines say: An individual shall not be expected to deny his or her protected identity or beliefs in order to avoid coming to the attention of the state or non-governmental agent of persecution.[8]

In the case Bensaid v. UK (2001) the European Court of Human Rights stated that ‘private life’ is a broad term and that gender identification, name, sexual orientation and sexual life are important elements of the personal sphere protected by Article 8 ECHR. It might be a good idea for people in the UK to start a procedure at the ECHR stating that the claim to act discrete is a violation of the right to privacy protected by article 8 ECHR. And the Dutch Government should convince other European members to follow their policy not to expect LGBT people to live discreetly.

Two recent cases

A case that attracted a lot of attention in the EU was the case of Mehdi Kazemi from Iran. He  first applied for asylum in the UK, after he had heard that his boyfriend was executed in Iran and he feared the same fate. Nevertheless, his case was refused. Then he fled to the Netherlands. The Netherlands has the policy to grant asylum to all LGBT people from Iran, but Mr. Kazemi’s asylum claim was refused again because of the Dublin Convention, which prevents application for asylum in more than one EU country. He was sent back to the UK. After a lot of protests and demonstrations from several LGBT-organisations in the UK and the Netherlands and a resolution from the European Parliament, Kazemi was finally granted asylum in the UK. To avoid this kind of Dublin cases in the future the Dutch Government should export the policy to grant asylum to LGBT people from Iran.

There was also the case of the Iranian lesbian Pegah Emambakhsh, whose partner was sentenced to death by stoning. The last report on her situation dates from last March, when she was still in the UK, fearing deportation to Iran. I wonder if anybody knows what has happened to her? 

Last year the case of mr. Salah Sheekh from Somalia against the Netherlands was decided upon by the European Court of Human Rights.[9] He won the case because according to the Court his expulsion to Somalia would be in violation of article 3 of the Convention. Mr Sheekh was a member of the Somali clan of the Ashraf, and as a result of this the Netherlands had to change the asylum-policy. We now have two new categories: ‘vulnerable minority groups’ and ‘groups at risk’. Vulnerable minority groups are for instance single women in Afghanistan and Christians in Iraq. Their burden of proof is much lower. A few days ago, in a meeting with Dutch government officials we heard that they plan to recognize homosexuals from Iraq and Afghanistan as ‘groups at risk’. If these asylum seekers  pass an individual examination with limited evidence, they will get a refugee-status. So that is good news, although it has a somewhat bitter taste, because very recently the categorical protection for asylum seekers from Central Iraq was ended.

This summer the European Commission presented a policy plan on asylum, as part of the creation of a Common European Asylum System (CEAS). One of the overarching objectives of this CEAS is to incorporate gender considerations and take into account the special needs of vulnerable groups. I don’t know if ILGA is already creating LGBT input in this harmonisation process, but I think this would be a good idea.

I would like to end with a subject that is, as far as I know, in the Netherlands hardly an issue: Immigration sometimes does not believe someone to be gay. Here in Vienna for instance I heard that lesbian women from Zimbabwe are denied asylum in the UK, because they have children and for that reason are not believed to be gay. And I also heard the story of a man from Azerbaijan, who sought asylum in the Czech republic. To test his gayness the Czech authorities showed him porn-videos, while putting a device around his penis, to measure his reaction to the porn. This is a gross violation of human rights and if this is true, human rights organisations should send a fierce protest to the Czech authorities.

Anyhow, I would be very interested to hear how the situation of LGBT asylum seekers is in other EU-countries. So I hope we can exchange ideas and experiences in this workshop or during this conference.

[1] Directive 2004/83/EC on minimum standards for the qualification and status of third country nationals or

stateless persons as refugees or as persons who otherwise need international protection and the content of

the protection granted, (2004) OJ L304/12.

[2] ‘Op de vlucht voor homohaat, over discriminatie en discretie’, Nieuwsbrief Asiel- en Vluchtelingenrecht 2006, nr. 3, p. 124-146.

[3] ECHR, Dudgeon v. United Kingdom, 22 October 1981, 7525/76.

[4] ECHR, Norris v. Ireland, 26 October 1988, 10581/83; ECHR, Modinos v. Cyprus, 22 April 1993, 15070/89.

[5] ECHR, F. v. United Kingdom, 22 June 2004, 17341/03.

[6] The Independent, 23 June 2008.

[7] The Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity, March 2007.

[8] The Michigan Guidelines on Nexus to a Convention Ground, University of Michigan Law School, Ann Arbor USA, March 2001.

[9] Salah Sheekh v. The Netherlands, 11 January 2007, 1948/04.
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