Video: Brave LGBT Russians protest in Red Square

Video source by VladimirIVANOV1945

 

Image gayrussia.eu

By Paul Canning

A small group of LGBT Russians have taken their protest against laws intended to silence their movement to every region - and last night they produced images of their protesting arrest in front of the Kremlin.

Their protest, signaled on social media to happen in another Moscow location, in fact occurred in front of the most famous location in all of Russia. Within seconds they were swarmed by police.

A small group of activists within the past fortnight have protested a law passed in the northern city of Arkhangelsk which effectively bans all gay organising. Supposedly to 'protect children', the law actually bans all LGBT public events and protests and the rhetoric surrounding it is explicitly against the emerging LGBT movement in Russia.

The dolls - Piggy, Stepashka, Fili and Karkushi - at the Red Square protest were from popular children's TV shows and the banners said "Good night, kids!"

Two Russian regions have already adopted the same law and the supposedly 'liberal' city of St Petersberg has voted in favour but has yet to pass the law. It is reportedly under discussion in Moscow and Novosibirsk and some have suggested it may become a federal law.

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Swiss violated asylum law in ignoring thousands of Iraqi applicants

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The Swiss Federal Office for Migration violated asylum and constitutional law by ignoring 7,000 - 10,000 asylum applications lodged by Iraqis at Swiss embassies in Syria and Egypt between 2006 and 2008, an external inquiry into the matter by former federal Judge Michel Féraud has found. The government has taken note of the report.

Féraud said that around 3,000 outstanding applications were still legally valid and should be processed by the end of 2013. However, the Government has maintained that no disciplinary action will be taken due to the lapse of time and that officials have not abused their authority in failing to process the claims.

The Swiss Senate adopted a proposal for the abolishing of the asylum procedure from abroad in December 2011. Both former federal Judge Féraud and the Swiss Refugee Council consider that this procedure should be kept.

Via: ECRE

Related articles

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Ugandan ambassador: 'Kill gays' bill dead, 'no persecution'

Kamunanwire

Source: Washington Blade

By Lou Chibbaro Jr.

Uganda’s ambassador to the United States blasted the head of the United Negro College Fund for sending him an “incendiary” letter last week asking him to discuss an anti-homosexuality bill introduced in the Uganda Parliament in his scheduled speech at a Martin Luther King Day event sponsored by the Fund.

Ambassador Perezi K. Kamunanwire responded to that letter by withdrawing as keynote speaker at the King Day event, held Monday morning in Greenbelt, Md. In his own letter, he said United Negro College Fund president and CEO, Michael L. Lomax, “blindsided and startled” him with Lomax’s Jan. 12 letter raising the issue of the anti-homosexuality bill.

In addition, Kamunanwire claims in the letter that the Ugandan Parliament is not planning to reconsider a bill that would impose the death penalty for homosexual acts.

The ambassador, a former college professor who has taught at U.S. universities, said in his letter that he had been invited to speak on education-related issues at the King Day event.

Lomax said in his letter to Kamunanwire that he raised the issue of reports of anti-gay persecution in Uganda after receiving an inquiry from the Washington Blade and others asking why his organization invited a Ugandan official to speak at a King Day commemoration.

“Following a brief telephone conversation with Dr. Lomax in which I expressed concern that changing the topic would distract from our shared commitment to honor Dr. King’s legacy and advance the discussion of education equality, it was clear from his discourteous and insulting tone that I was no longer welcome,” Kamunanwire said in a Jan. 15 letter to William F. Stasior, chairman of the board of directors of the United Negro College Fund.

Kamunanwire sent a copy of his letter to Stasior to the Blade along with an email message expressing concern about the Blade’s story reporting he had withdrawn abruptly as a speaker for the King Day event. The Blade story cited a press release from the United Negro College Fund announcing Kamunanwire’s withdrawal as speaker.

“My staff at the Embassy of the Republic of Uganda, and members of the Ugandan American community, brought your article to my attention,” he said in his email to the Blade. “In an effort to clarify my decision to withdraw as keynote speaker from the UNCF’s 29th Anniversary Dr. Martin Luther King Jr. breakfast fundraiser, I am sharing a letter which was sent to the chair of the UNCF board,” he said.

“This will be my only statement on the matter, as I withdrew my name so as not to distract from the importance of the King holiday and education equality,” he said. “It is my hope that the Washington Blade will report this matter fairly.”

Read more »

Report: Inadequate legal representation for migrants in New York

Source: New York Times

By Kirk Semple

They are often poorly prepared or make incoherent arguments in court. Some fail to present key evidence or witnesses. Others simply do not show up.

The performance of many lawyers who represent immigrants facing deportation in New York has long been considered mediocre. But in a new report that seeks to measure the extent of the problem, immigration judges themselves step forward and offer a scathing assessment of much of the lawyering they have witnessed in their courtrooms.

Immigrants received “inadequate” legal assistance in 33 percent of the cases between mid-2010 and mid-2011 and “grossly inadequate” assistance in 14 percent of the cases, the judges said. They gave private lawyers the lowest grades, while generally awarding higher marks to pro bono counsel and those from nonprofit organizations and law school clinics.

The study was conducted by a group of lawyers and researchers under the auspices of Robert A. Katzmann, a federal appellate judge in New York City. A year ago, they began sifting through government data and surveying immigration judges in an attempt to measure the quality and availability of legal representation for immigrants facing deportation.

Their report will be published this week in the Cardozo Law Review, a publication of the Benjamin N. Cardozo School of Law at Yeshiva University in Manhattan.

“We began this effort with an intuitive sense of the scale of the problem,” the report says. “The numbers sadly bear out that intuition in the starkest form.”

Read more »

“No chance in hell” for gay rights in Zimbabwe

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Source: New Zimbabwe

There is “no chance in hell” that Zimbabwe’s new constitution will include gay rights, according to a key MP who sits on the parliamentary committee in charge of the process.

Edward Mkhosi (MDC), one of three chairmen of the Constitutional Parliamentary Committee (COPAC), says despite clamouring for protection on foreign TV channels and the internet, Zimbabwe’s homosexuals are “cowards” who failed to make their views known during a countrywide outreach.

Mkhosi told the Voice of America's Studio 7:

“We gave our people a chance to decide what they want to see in the new constitution."

“In all the outreach meetings in the provinces we conducted, people were very clear that they don’t want gays. As you know in our culture, such practises are foreign to us, we only know a family with a father and mother.

“The gays and lesbians were cowards, not even one of them came out to say ‘I’m a homosexual and I want this’. We can’t talk for them, they are not zombies. They should have come out and said we want this thing, but they didn’t.”

Three drafters appointed by COPAC have begun writing the new constitution. The first four chapters were published in the media last week, immediately sparking a row.

Zanu PF officials accuse the drafters of seeking to leave the door open for the imposition of gay rights through the courts by deliberately using ambiguous language.

Chapter 4.6 (section 3) of the draft already published states that everyone has a right not to be treated in an “unfairly discriminatory manner on such grounds such as their nationality, race... natural difference ...”

Zanu PF supporter Tafadzwa Musarara blasted:

“It is the term ‘natural difference’ that, from a legal perspective, will import gay rights into our constitution. This phrase is not in our current constitution; it was not requested to be incorporated by the people during the hearings.

“It is such terms that lawyers will use to argue in court, to interpret it as stating that gay rights are justiciable or acceptable.”

Musarara points to South Africa where gay rights were introduced by the Constitutional Court which interpreted Section 9.3 of the constitution providing that “the state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation” to mean that gays were free to marry.

“In our Zimbabwe case the writers are using ‘natural differences’ to provide a loophole that gays and lesbians can then use to apply to the courts of law to have their unions recognised,” Musarara said.

Gays and Lesbians of Zimbabwe (Galz) director Chesterfield Samba says the issue of gay rights will be a key test for the country’s new constitution .

“It will reveal whether there is a determination to draw a constitution which will comply with Zimbabwe’s obligations and undertakings in International Law and the norms of human rights,” Samba said.

“It will also reveal whether it will comply with the democratic requirement of an acceptance of difference, seek to build a non-stigmatising society which embraces all its constituents, or whether it will be merely an expression of subservience to those who wield political power.”

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Legal challenge to banned 'sexuality' festival in Malaysia

Source: Fridae

by Sylvia Tan

The Kuala Lumpur High Court will hear the judicial review application filed by committee members of Malaysia's only sexuality rights festival, which was forcibly cancelled by the police last November, on Feb 21.

Committee members of Malaysia’s only sexuality rights festival Seksualiti Merdeka, which was forcibly cancelled by the police last November, have filed a judicial review application at the Kuala Lumpur High Court.

The event, which comprises workshops, forums, talks, and performances, has been running largely without problems since 2008 with the support of numerous local and international organisations including the Malaysian Bar Council, sexual health group PT Foundation, local human rights NGO SUARAM, Women's Aid Organisation, women’s advocacy group Empower, Amnesty International and the United Nations.

The leave hearing – to decide whether the case was strong enough to merit further proceedings – was scheduled to be heard 10 January by Judge Rohana Yusuf in chambers.

However, the lawyer for the applicants applied to adjourn the case after the respondents’ senior federal counsel Noor Hisham Ismail raised a preliminary objection against the judicial review application. The court then fixed Feb 21 to hear the objection.

The five applicants – festival co-founder Pang Khee Teik, Angela Marianne Kuga Thas, S Thilaga Socky Pillai, Siti Zabedah Kasim and Michelle Nor Ismat (whose name appears as Md Nor Ismat Selamat in court documents) – were represented by lawyers Honey Tan Lay Ean and Chew Siew Ting.

The Seksualiti Merdeka organising committee say in a statement published today that they seek that the ban be lifted and declared null and void, and that the police make available to them copies of all reports made against the event.

“We want to study them; we want to know who made the reports. But basically, it is within our rights to have access to them.” Pang told Fridae in an interview.

Read more »

More arrests under 'homosexual propaganda' law in Russia

Photo: gayrussia.eu

By Paul Canning

Three Russian gay activists were arrested today under the 'homosexual propaganda' law in the northern city of Arkhangelsk.

Nikolay Alekseev, Alexey Kiselev and Kirill Nepomnyaschiy were arrested and have now been charged and bailed while conducting 'solitary' pickets next to a children's library.

Police had previously allowed 'solitary' pickets but two of the group had earlier unfurled a 20m long rainbow flag outside the regional government building without being arrested (see picture).

They had also held similar 'solitary' protests in the city earlier without incident.

Last month five activists were arrested in Kostroma, North-East of Moscow, as they held protests in the third Russian region to pass a law banning so-called 'propaganda' of homosexuality to minors.

In July 2012 the UN Human Rights Committee will consider the complaint of Irina Fedotova against Russia on the legality of the ban of homosexual propaganda in Ryazan, the first such law, where she was arrested in 2009.

A similar case of Nikolai Baev against Russia is awaiting consideration by the European Court of Human Rights. GayRussia is pushing for the court to expedite consideration of this case.

Related articles

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Resource: Country guidance commentary

Image via Wikipedia

Source: Fahamu Refugee Legal Aid Newsletter

Mike Kaye is the Advocacy Manager for Still Human Still Here, a coalition of more than 40 organisations that are campaigning to end the destitution of refused asylum seekers in the UK.

Still Human Still Here believes that many asylum seekers who should be granted some form of protection in the UK are being refused and subsequently end up destitute. In 2010, it was estimated that around 70 percent of destitute refused asylum seekers in the UK came from just eight countries, all of which were either in conflict or had serious and widespread human rights violations. These countries were Zimbabwe, Iran, Iraq, Sudan, Afghanistan, Somalia, the Democratic Republic of Congo (DRC) and Eritrea (Still Human Still Here, At the end of the line: Restoring the integrity of the UK’s asylum system, 2010, p. 38).

Still Human Still Here’s contention that the Home Office incorrectly refuses many asylum seekers any form of protection in the UK is supported by a review of the number of decisions which are subsequently overturned on appeal. In 2010, 27 percent of appeals were allowed. That is to say that in more than one in four cases the UKBA got the initial decision wrong.

For some of the nationalities highlighted above, however, the overturn rates on appeal were significantly higher. For example, 50 percent of Somalis won their appeals in 2010 and 36 percent of Eritreans and Zimbabweans were also successful. During 2011, asylum seekers from these and other countries have continued to have an extremely high percentage of their appeals allowed. For example, 57 percent of Eritreans, 53 percent of Somalis, 38 percent of Sri Lankans and 31 percent of Zimbabweans won their appeals in the third quarter of 2011. These cases alone affected 218 individuals, causing them unnecessary anxiety and wasting considerable amounts of taxpayers’ money by forcing them to go to appeal when in many cases they could have been granted refugee status at the initial determination.

While the appeals process works for some refugees, it should be stressed that success at appeal is largely dependent on having good quality legal advice and representation and this is in increasingly short supply, particularly since the closure of both Refugee and Migrant Justice and the Immigration Advisory Service.

One way in which Still Human Still Here believes refugees could be better identified at the initial determination would be through improvements to the Operational Guidance Notes (OGNs). The OGNs outline conditions and risks to particular groups in various countries and are used by case owners as a key resource when deciding on individual asylum applications.

Several OGNs contain country of origin information and references to case law which are outdated. For example, the current OGN on the DRC was issued in December 2008 and relies heavily on the Country of Origin Information Service DRC Country Report from May 2008, which is now more than three-and-a-half years old. Since the beginning of 2009, more than 500 new applications for asylum have been made by individuals from the DRC. Decisions will have been reached on these applications on the basis of information which, at best, was seven months old. In this context, it is not surprising that the percentage of DRC appeals that are successful has risen to 34 percent in 2011 (up to October).

There are currently 30 OGNs published on the countries from which the UK receives the most asylum applications. Those countries from which there are lower numbers of applications tend to be updated with even less frequency. For example, the most recent OGN for Rwanda was issued in March 2009 and generally relies on country of origin information which was published in November 2008.

Even where OGNs are updated regularly, Still Human Still Here considers that many have inconsistencies and omissions between their conclusions and currently available country of origin information and/or case law.

For example, before an update on 15 December this year, the Somalia OGN cited a UKBA fact-finding mission as reporting ‘travel within Al-Shabaab controlled areas of southern and central Somalia was common and considered relatively safe’. It further noted that ‘everyone can move freely in south central’ and that given ‘the relative ease of travel within many areas of Somalia, it will be feasible for many to return to their home areas from Mogadishu airport as most areas are accessible’ (paras. 2.4.3 and 2.4.6).

This assessment appeared to ignore various reputable sources which note that checkpoints operated by armed militias and groups associated with Al-Shabaab inhibit passage and expose civilians to rape, violence, extortion and forced recruitment. Indeed, the United Nations Report of the Secretary-General on Somalia, 30 December 2010, noted that ‘[i]nternally displaced persons and refugees fleeing southern Somalia continued to report abuses by militias manning checkpoints before they reached safe areas, including rape, beatings and looting’ (para.33).

In order to draw attention to these sorts of inconsistencies, Still Human Still Here has published OGN commentaries, including 2011 commentaries on the most recent OGNs for Afghanistan, Sri Lanka, Jamaica, Zimbabwe, Iran, Eritrea and Sudan. These commentaries are intended as tools to assist legal practitioners in preparing appeals; we hope they will help ensure that individuals who may be at risk of persecution or other serious harm in their country of origin have a reasonable chance of getting protection in the UK.

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Malaysian epic sodomy trial of Anwar Ibrahim ends in acquittal

Image via Wikipedia

By Paul Canning

The Malaysian opposition leader has been found 'not guilty' in the finale to an epic sodomy trial.

The case against Anwar Ibrahim has always been thought political and a guilty verdict was expected, but in a break from past statements Ibrahim described the laws in the run up to the verdict as “archaic” and “unjust”.

He told Associated Press last week that the case showed how the colonial era law could be “abused to show violent discrimination or intolerance”.

“Our present laws are deemed to be rather archaic. The whole idea (should be) to encourage people to understand, not to be seen to be so punitive. In this case it’s worse; you can go and probe and peep into people’s bedrooms just to try to smear them,” he said.

Ibrahim has previously been careful to distance himself from the nascent LGBT movement in Malaysia. But the country has shown increasing tolerance and debate around LGBT issues, though this has created a backlash including proposals from two Malaysian states to increase penalties and, as in Russia, ban LGBT organising.

Anwar faced up to 20 years’ imprisonment if convicted. Another possible punishment of corporal punishment by whipping is reported to have only been ruled out on account of his age.

Ibrahim was first imprisoned for corruption and sodomy charges in 1999 then freed in 2004 only to be arrested again 2008 after an aide claimed sexual assault. A former Deputy Prime Minister, the 1999 charges followed after he fell out with the former leader Mahathir Mohammad.

Amnesty International described the prosecution as politically motivated.

“Anwar's acquittal is a welcome move. Fortunately, the Malaysian authorities have refrained from turning the country’s opposition leader into a prisoner of conscience,” said Donna Guest, deputy Asia-Pacific director at Amnesty International.

“The government must now repeal the sodomy law, a repressive statute that enabled this politically motivated persecution.”

Malaysia's Information minister, Rais Yatim, said of the verdict:

“Malaysia has an independent judiciary, and this verdict proves that the government does not hold sway over judges’ decisions.”

Ibrahim may still face further prosecution as a sex tape claimed to feature him is circulating on the Internet. As well, the Attorney General refused to say whether he will appeal the acquittal.

Related articles

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A message from imprisoned gays in Cameroon

Jean Claude Roger Mbede with Alice N'kom

By Paul Canning

Seven jailed gay men in Cameroon have issued a New Year's message thanking all those who have supported them.

As well, Cameroonian activists have shared a photo of one of those jailed with the lawyer and activist Alice N'Kom.

The message reads:

"Although you’ve accompanied us with a lot of sadness, you’ve especially shown us a lot of kindness, love and determination throughout this year. We exhort you to never give up in to the discouragement and to never weaken in your mobilization for us and for the LGBT cause. Because your support represents for LGBT in Cameroon in general and specially for us who are in prison… the HOPE. The HOPE to be one day, released from the PRISON in which we’ve been thrown, but also the HOPE that one day, LGBT people can walk quite freely in Cameroon, without any humiliation.

We wish you, from the bottom of our heart, to be of happy, healthy and that the coming year be full of promises and success.

Happy New Year".

On behalf of:

• Jean Claude Roger Mbede
• Singha Jonas,
• Ndome Ndome Frankie,
• Ombwa Joseph Magloire,
• Tiomela Lontsie Emma,
• Ntamack Nicolas,
• Ntsama Séraphin.

As F Young reported here last month, Cameroon is extending anti-gay laws and, according to N'Kom, doing this quietly to try to avoid international attention - a clear sign that international focus on Cameroon's repression of gay people is having an impact.

At least 10 men have been arrested and imprisoned for homosexuality in Cameroon so far this year, not only for what they allegedly did, but for who they are, or even appeared to be.

In November, ADEFHO and other groups announced that there is a government-organized campaign run by youth brigades to entrap gay men on the Internet. 

• Sign and share this petition to Cameroon's President.

Related articles

• Cameroon: Jailed for Texting? Major new campaign launched (madikazemi.blogspot.com)
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Nigerian human rights leader blames religion for anti-gay persecution

Leo Igwe

Source: Act-Up

One of Africa’s best-known human-rights activists says religion is very much behind Nigeria’s recent outlawing of same-sex unions, which could mean a 14-year jail term for anyone convicted of entering into a gay marriage contract.

Also, according to a report in Nigeria’s Vanguard: “Those who abet or aid such unions could receive 10 years, as would ‘any person who registers, operates or participates in gay clubs, societies and organisations’ – a provision that seems to target gay advocacy groups as well.”

The new legislation also nullifies any certificates of same-sex marriage enacted outside Nigeria.

The Nigerian Senate’s bill has brought howls of protest from various parts of the world, including the US government, which this month expressed its concern over the Draconian legislation.

Leo Igwe, who was until recently the representative for Western and Southern Africa for the International Humanist and Ethical Union (IHEU), said in an article in Pink Humanist that faith – both Christian and Islamic, which dominates in the north – often trumps human rights.

Speaking to Digital Journal, Igwe – who formed the Nigerian Humanist Movement in the 1990s – expanded on that view.

“Anybody who doubts it should take a look at the reasons proffered by the senators and other members of the public in support of the bill,” he told me. “The president of the Senate said, ‘My faith as a Christian abhors [same-sex marriage].’ The Anglican Communion, the Catholic and other Christian faith groups have spoken out in support of the bill."

“Under [Islamic] sharia law, homosexuality is an offence punishable by death. So same-sex marriage is haram [forbidden]. And Muslim leaders have openly called for the execution of gays in Nigeria."

“And an islamic scholar said this in support of the bill: ‘Homosexuality and lesbianism are just too dirty in the sight of Allah. Those who engage in them deserve more than capital punishment. When they are killed, their corpse should also be mistreated.’ Just imagine that.”

In Africa as a whole, religion, says Igwe, is to blame for persecution of gay people.

“I would say religion is behind most, not all, of the homophobia coming out of Africa. Religion permeates all aspects of mainstream social, moral and cultural thought. Most homophobes use religion as a basis, as a justification of their hatred and antagonism. I have also encountered non-religious Africans who are homophobic and they base their homophobia on what they claim to be the unnaturality of homosexuality.”

Read more »

Pakistan trans leader standing for election

By Paul Canning

Shahana Abbas Shani, President of Pakistan's She-male Association, has announced that she will contest elections as an independent candidate for Muzaffargarh for the Punjab provincial assembly.

Talking to The Express Tribune, Shani said that she has made the decision because she wants to discuss problems faced by her community, which she says have been ignored by Pakistani society, in the assembly.

“There is no other way for us to be heard and now when the Supreme Court of Pakistan has allowed us to have an identity card, we will fight for our rights,” Shani said.

The landmark 2009 court decision recognizing a 'third gender' has not been followed through by authorities, which caused severe problems for trans people during the recent devastating flooding, particularly in Sindh province, through a lack of ID cards. In November this year the court ordered that they be registered as voters.

During the disaster, transgender people were left out of the aid efforts and denied access to IDP camps because of general prejudice, their non-conforming appearance, and their lack of proper identification documents.

Bindiya Rana, of Gender Interactive Alliance, explains that no third-gender ID cards have been given out. As a result, many transgender citizens lack any identification documents at all. According to Rana, this occurs because "a lot of transgenders get separated from their parents from a very young age and are unable to get their parents' ID cards and other supporting documents which are required to get an ID."

Similar instances of aid denial occurred in post-earthquake Haiti.

Shani said that the Punjab assembly should pass rights legislation and that there should be reserved seats for transgender people - known as 'Hijra' in South Asia - in the National Assembly. Women and minorities already have reserved seats.

Her association has participated in protests against the November 26 Nato attack and the killing of Pakistani army personnel - where Barack Obama’s effigy was burnt.

“We will fight at our country’s borders if the forces need us,” Shani said.

Related articles

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UK loses Dublin Regulation case at ECJ

Image via Wikipedia

Source: The Guardian

The Home Office has lost a key legal battle over the right to send asylum seekers back to the first European country they enter. The European court of justice ruled on Wednesday that asylum seekers cannot be removed to other EU countries if they risk being treated "inhumanely" there.

The man at the centre of the test case, known only as NS, claimed asylum in the UK in 2009 after travelling through Greece. Under an EU law known as the Dublin regulation, asylum seekers must apply in the first EU country they enter and can be sent back there if they travel to other countries. But removals to Greece have been suspended across much of Europe since January, when the European court of human rights judged that conditions for asylum seekers there were inhumane and degrading.

The Home Office argued it should be able to assume that all EU countries operate an asylum system that protects individuals' rights. But the judgment says no government can make this presumption. It says member states may not transfer asylum seekers when there are "substantial grounds for believing that the asylum seeker would face a real risk of being subjected to inhuman or degrading treatment".

Sonal Ghelani from Islington Law Centre, who has been representing NS, said:

"Around 90% of people trying to get [overland] into the EU came through Greece and they couldn't cope. The UK government knew that there was a massive problem, it can't be said they were unaware. And now we know that once they are aware, they have to apply the EU fundamental charter of human rights."

But asylum seekers would have to show very serious failings in the EU countries to which they were being sent. "They are EU countries so the presumption is strong that they will respect fundamental rights. It would have to be shown that there is a systemic failure, something quite significant."

A Home Office statement said:

"We will consider the detail of this judgment carefully, but we are pleased that the decision supports the operation of the Dublin regulation as a simple way of determining which state is responsible for asylum seekers in Europe."

The case is one of a series of legal challenges to the Dublin system in courts across Europe. A high court decision on the removal of asylum seekers to Italy from the UK was deferred pending Wednesday's verdict.

In October, the Guardian reported that asylum seekers returned to Italy from the UK were sleeping rough on the streets of Rome. The Italian immigration minister, Sonia Viale, said other EU countries were not giving her country enough support. Italy, Greece and Malta have been pushing at the European council for a suspension mechanism in the Dublin law for times when migrant flows increase into particular countries.

Disagreement over reform of the Dublin regulations is holding up progress towards a common European asylum policy, due by the end of 2012. The policy is intended to create minimum standards for processing claims across the EU. The UK has so far opted out of all binding elements of the law.

Cecilia Malmström, the European commissioner for home affairs, told the Guardian that reforming Dublin was proving challenging and that countries had blocked a suspension mechanism.

"It is one of the key elements in the asylum package but it has turned out to be one of the most difficult ones. We have been struggling with it for some time. "The commission proposed a suspension mechanism and we worked for a year to see if we could formulate that, but it has no support in the council."

The UK has been leading resistance to such reforms. The council is now looking at a compromise to send money and technical support to countries that are under pressure. The council is meeting in January to discuss the issue.

Malmström said she still believed a deal could be agreed, but it would be difficult.

"In my business you have to be optimistic, but the challenges are so bad, the issues are emotional and full of controversy," she said.

"We have witnessed dramatic changes in our neighbourhood, with people asking for justice and democracy. We can't say 'it's great you threw out your dictator but stay where you are'. And this clashes with the biggest economic crisis in Europe for a generation. Times are difficult and the mood in member states is focused on other priorities."

Related articles

• EU Backs Asylum Rights for Trans People (care2.com)
• EU 'watering down' on asylum protections criticised (madikazemi.blogspot.com)

Video: Jamaican opposition leader backs LGBT rights in 'historic' moment

Portia Simpson-Miller image via Wikipedia

By Paul Canning

In a moment described as 'historic' by activists, the Jamaican opposition leader has come out for LGBT rights during an election debate.

Jamaicans will go to the polls on December 29 and People's National Party leader Portia Simpson-Miller made the positive comments during an election debate yesterday with Prime Minister Andrew Holness.

Simpson Miller also said that no one should be discriminated against because of their sexual orientation and that if elected Prime Minister she would review the anti-gay buggery law.

She said that she would have no problem with appointing gays to her Cabinet.

Former Prime Minister Bruce Golding famously told the BBC in 2008 that he would never appoint a gay person to his cabinet.

Responding to the same question, Holness articulated the need for Jamaica to achieve minimum standards governing human rights and suggested that such steps were being taken through measures such as the passage of the Bill of Rights. He has previously argued that gay rights are civil rights, not human rights, and therefore not covered by international human rights instruments.

He added that any change to the existing legislation should be made on the basis of due consideration to the views of the people.

“We are an open society and the issues that are difficult and uncomfortable to discuss, as the society progresses, these issues are being discussed. People are entitled to their opinions but as leader of the country I have to respect everybody’s opinion (and) make sure that the institutions of freedom are well in place so that the debate can continue,” said Holness.

The People's National Party (which is in Opposition and trailing in the polls) has selected a non-gender conforming candidate who has been the subject of a barely veiled homophobic campaign by the ruling Jamaica Labour Party (JLP).

Jamaican LGBT rights group J-FLAG has written to the JLP complaining about this tactic.

The PNP has selected another candidate for the traditionally "safe seat" of the tourist resort city of Montego Bay who is rumored to be gay.

Elsewhere in the English speaking Caribbean there has been slow but positive movement on LGBT rights.

At the beginning of the year Caribbean LGBT activists expressed hope for change in 2011.

This followed almost the whole of the Caribbean changed their vote positively - including Jamaica - in a UN vote on killings of LGBT people.

In a January letter to Jamaica's leading newspaper The Gleaner (as well as other regional newspapers), a group of Caribbean LGBT activists, led by the veteran Jamaican LGBT leader Maurice Tomlinson, said that they were proud that a majority of Caribbean nations voted together, in the words of the Rwanda delegation, to "recognise that ... people (of different sexual orientation) continue to be the target of murder in many of our societies, and they are more at risk than many ... other groups".

Yes votes included Antigua and Barbuda, The Bahamas, Barbados, Belize, Dominica, the Dominican Republic and Grenada and St Kitts-Nevis. Only St Lucia amongst Caribbean nations voted no.

They said that:

We, in the Caribbean, have lived largely free of the levels of violence experienced by postcolonial nations like Rwanda . But we continue to harbour a colonial mentality that some groups are more worthy than others; and homophobic killings are a reality in several places in the region. We hope that, without the need for atrocity to teach us this lesson, our governments will mature in their understanding that everyone has an essential right to equality and protection because they are human.

The vote is a hopeful sign that in 2011 Caribbean governments may get serious about their commitments to these rights at home.

In June, the oldest political party in the Bahamas came out in support of LGBT rights.

The leader of The Progressive Liberal Party (PLP), who are currently in opposition, Perry Christie, said that his party supports “progressive policies.” 

Verna St Rose-Greaves picture Government of T+T

In Trinidad and Tobago (T&T), Gender, Youth and Child Development Minister Verna St Rose-Greaves has strongly supported LGBT rights saying in August that 'all citizens of T&T must respect people’s sexual preferences'.

According to veteran Trinidadian gay activist Colin Robinson

"[Verna] is unusual, but not unique. A number of Caribbean politicians have said some very commonsense things on SOGI [sexual orientation and gender identity] issues, notably Barbados's Esther Byer-Suckoo who, when she had the gender portfolio two years ago, proposed domestic violence legislation that would include gay and lesbian people. Her PM has said discrimination based on sexual orientation is wrong."

"In Guyana, the health minister in one of my favourite speeches, at a regional HIV conference in 2009, said, "I will again place myself in harm’s way. But I need not be timid. I am the Minister of Health and I must be driven by public health reality, not by moral judgment. We live in a world where personal freedom must be acknowledged within the realm of reasonableness and within our legislative dicta. In this regards, sex between consenting adults, even if it is adults of the same gender, in private, falls into the category of personal freedom. I believe our laws are in contradiction of this expression of personal freedom.""

"Then there's the St. Kitts PM Denzil Douglas since the Toronto AIDS conference, both Bahamas parties after the Human Rights Council resolution, our [T&T] PM days after election at an event by the main Hindu group. And the Jamaica Senate President during the vote on the homophobic Charter, followed by the Police Commissioner's apology [for a homophobic statement]. And that's just part of the list."

HT: Maurice Tomlinson

Related articles

• Jamaican first winner of David Kato award (madikazemi.blogspot.com)
• Report: The state of LGBT human rights in Jamaica (madikazemi.blogspot.com)

'Ex-gay' myth hits Caribbean

By Paul Canning

The 'ex-gay' religious movement has expanded beyond its American origins throughout the world.

Despite its evident shrinking in the US, with reports that the oldest ex-gay group Exodus International is on the verge of "social and financial oblivion" and widespread mockery of 'therapy' operators like Michelle Bachmann's husband, in the rest of the world it is growing.

Reports emerged in October of over 200 'ex gay clinics' in Ecuador, some of which activists had managed to get closed after the torture they were practicing was exposed. It also emerged that the Hong Kong government is paying for so-called Sexual Orientation Conversion Therapy (SOCT) for LGBT citizens.

In Uganda, it is US 'conversion therapy' Christianist evangelists who have been behind those pushing the 'Kill gays' bill. Because of them the idea that 'the gay' can be cured is widely believed throughout Africa.

Now the same lies pushed by the same American 'ex-gay' propagandists are finding an audience in the Caribbean.

A full page ad published in the leading Trinidad newspaper Sunday Express titled 'What you should know about homosexuality' has outraged local activists. They are calling for any further ads to be blocked by local media standards bodies.

Wrote local activist Brendon O'Brien in a letter to the newspaper:

They looked at this...and thought it was okay to publish? Not that something is wrong with publishing a religiously slanted ad, but one that openly discredits a community, questions their movement towards rights and even, in a sense, undermines their actual existence is definitely a problem. And this tried to do just that, and in a respectful and pseudo-scientific way as well. The publisher should have seen this and seen that it would've caused a problem.

A similar ad was published in Jamaica's newspaper on World AIDS Day. The blog Gay Jamaica Watch pointed out that the false statements in these ads "would only justify the stigmas that people who experience same-sex attraction are not "normal" but are all sexual defiant, mentally unstable, promiscuous and self-selecting."

That Jamaican advert was followed up by a symposium 10 December organised by the Lawyers' Christian Fellowship and attended by many leading Jamaicans, including two judges of Jamaica’s Supreme Court and the Attorney General, and with American and British Christianist speakers. This event was aimed squarely at fighting the growing movement for decriminalization of homosexuality on the island, and throughout the Caribbean. That movement can now count the support of the head of Jamaica's Anglican church, who has called for the repeal of the colonial era anti-sodomy laws.

Writes Jamaican activists Maurice Tomlinson:

"During the nearly 7-hour symposium, the presenters extolled the virtues of Dominionism — the belief that countries must be governed by a conservative Christian understanding of biblical law — and cautioned (actually, more like threatened) Jamaican Christians that if they don't organize a counter-offensive against the militant gay agenda sweeping the world, their beloved country will be overrun by aberrant ideas “hell bent” on destroying marriage, children, and, of course, Christianity."

Tomlinson reported that "the entire proceedings were tightly controlled" and organisers tried to stop anyone offering a correction when false information was presented.

Tomlinson is one of those taking Jamaica's anti-gay law to the Inter-American Commission on Human Rights. The law in Belize is also being challenged as unconstitutional.

Says veteran Trinidadian activist Colin Robinson of the apparently co-ordinated anti-gay Caribbean efforts:

"The region is in the cross-hairs of religious groups in the North who think their battles for Christian Dominion ought to be waged on the bodies of Caribbean gay and lesbian men and women, just like they have done on the corpses of our Ugandan brothers and sisters."

But Robinson also pointed out that:

"In Trinidad, however, just like happened when Phillip Lee from His Way Out Ministries came a year ago, what's happening is that heterosexual people, especially young ones, are mobilizing to say: 'This is wrong and harmful, and we will stand against it'. They are doing a much better job than we are of creating advocates for GLBT rights."

Related articles

• Jamaica's sodomy law gets first legal challenge (madikazemi.blogspot.com)
• Jamaican first winner of David Kato award (madikazemi.blogspot.com)
• Jamaican bloggers discuss ban on pro-gay TV advert (madikazemi.blogspot.com)
• Video: In Caribbean, challenges mount to 'buggery' laws (madikazemi.blogspot.com)

Victory for refugees in Johannesburg

Image by UN in Armenia via Flickr

Source: Lawyers for Human Rights

The North Gauteng High Court handed down judgment 14 December setting aside Department of Home Affairs' decision not to open a refugee reception office in Johannesburg and directing the Director-General to reconsider his decision.

Lawyers for Human Rights was representing the Consortium for Refugees and Migrants and the Coordinating Body of the Refugee Communities. These groups challenged the decision by the Department of Home Affairs not to open a new refugee reception office in Johannesburg after the existing office was closed down at the end of May 2011.  The Department claimed that it had made no such decision and was in fact ordered to close the refugee reception office by another court application brought by the surrounding businesses in Crown Mines.

The Court found that a decision had indeed been taken in line with an apparent policy pronouncement by Cabinet to move all asylum services to border posts.  It was agreed between all parties that if a decision was found to have been taken, the necessary public consultation and consultation with the Standing Committee for Refugee Affairs had not taken place as required by the law.

According to Kaajal Ramjathan-Keogh, head of the Refugee and Migrant Rights Programme at LHR, “We are encouraged by the court’s decision in this matter.” She added, “We continue to be extremely concerned about the closures of the metropolitan refugee reception offices. The Department of Home Affairs has not carried out any public consultations on a decision which will negatively affect a vulnerable group. Further, the department has so far failed to put up any infrastructure or make contingency arrangements to provide services to refugees and asylum seekers. Notwithstanding, they have started closing down refugee reception offices.”

Lawyers for Human Rights has also challenged the closure of the Port Elizabeth Refugee Reception Office.  This centre was closed as of 30 November 2011 apparently in line with the same Cabinet policy.  That matter is due to be heard on 9 February 2012 in the Eastern Cape High Court in Port Elizabeth.

Related articles

• South Africa 'reviewing' asylum seeker's rights (madikazemi.blogspot.com)

LGBT refugee support in the Netherlands: Meeting report

Source: GK Platform

[Google translation]

By Michel Becker

Following the international (legal) congress 'Fleeing homophobia and seeking safety in Europe' has a theme day Netherlands Refugee gender-specific persecution organized. At the seminar we wanted some more on the practical implementation and (legal) support LGBT refugees.

One of the conclusions that emerged from Fleeing homophobia was, "Determining someone's sexual orientation or gender identity should, in principle, based on self-identification and should not be covered by medical or psychiatric categories. Interviewers, adjudicating officials, policy makers, the judiciary and legal professionals should be trained and educated in order to better understand a person's sexual orientation and / or gender identity, and should avoid becoming useless to rely on stereotypes." So there is still a task for, among other things, Refugees.

As guest speakers we have Boris Dittrich (advocacy director of Human Rights Watch), Prof. Thomas Spijkerboer (professor gender migration and management sciences at the Vrije Universiteit Amsterdam) and Michel Becker (paralegal Refugees Central Ontario) were asked to tell something about their profession and a discussion suggestions and recommendations to get rid of.

After an impressive film clip about the life of gay men in Uganda Boris bite the head off with a lecture on the position of gay people in countries where homosexuality is prohibited by law. With some poignant examples, he knew the current state of affairs in the world to sketch. Thomas continued with an interesting account of the legal aspects of cases involving homosexuality a flight motive. Which he sarcastically remarked that statements from the highest administrative court (Division of the Council of State) at some points punctuated with homophobia. It is really remarkable that where the Netherlands in equality primarily seeks the best of the class to be our country in the area of gay rights (protection to gay refugees) along with Austria, one of worst countries in Europe are .

After lunch, where there was extensive networking, Michel went on the practical aspects of counseling of gay refugees. Gevluchte many gay men do not dare at first to indicate that they fled because of their homosexuality. How do you mention this? Shows how a refugee and that he's gay? Michel then interviewed three clients who sometimes poignant and sometimes shocking told how the situation in the country of origin for gay men. Interviewed a man of 31 from Iraq, which currently has a repeated application does because he is in a first procedure has not indicated that he had fled because of his sexual orientation, a 31-year-old woman from Uganda whose asylum application was rejected and for which professional the court has been entered and a 21-year-old man from Cameroon who granted residence.

What were their experiences in both their homeland and in the Netherlands? They have something in the (legal) guidance missed, and they give us this? What is desirable and what is not? It is especially important by the interviewees that there is a mutual respect and that employees are not particularly biased. Only then can a proper trust be built and there is room to talk about even more intimate affairs. However, there must be at the outset to make clear that it is essential that the actual flight patterns are put forward.

In the open discussion led by moderator Trees Wijn, head asylum Refugees, recommendations were also shared their own experiences. After all, that was purpose of this day, besides imparting tools to correct their own (legal) assistance to improve. That is quite successful. At the dedication of the attendees will not lie. The theme of gender-specific persecution is again put on the map. There will be following these days, specific recommendations. Thus, for the first reception of refugees actually a homosexual network must be formed by including COC, Refugees and Secret Garden, so that clients ropes made ​​in the local gay community and the asylum procedure. Especially considering the exceptionally sad circumstances in which clients often end up like them in a refugee center (AZC) are placed with predominantly Muslim refugee, this is a big issue.

Gay men fleeing in the Netherlands should feel safe so they get more and openly discuss the asylum procedure. This should include employees of Refugee and Immigration and Naturalisation Service (IND) are trained in intercultural communication, knowledge of country information and personal approach. Only then can the Netherlands a safe future for refugees who have everything and everyone to leave in all freedom and security to live.

Related articles

• Major report finds EU countries using prejudice to reject LGBTI asylum claims (madikazemi.blogspot.com)

Northern Cyprus to decriminalise homosexuality

Former Cyprus politician Michalis Sarris is paraded outside the court by police with one of the teenagers arrested

By Paul Canning

Turkish Cypriot leaders have bowed to pressure from MEPs and agreed to repeal a law outlawing homosexuality.

Dervis Eroglu, the leader of the Turkish Cypriot government in the northern part of Cyprus said he would sign a repeal of the ban into law.

Northern Cyprus is the last part of Europe where it is illegal to be gay.

MEPs also pressed Eroglu to keep his promise to ensure that any new law includes a provision to protect children from sexual abuse.

In a 13 December letter to British Conservative MEP for London Marina Yannakoudakis from Eroglu , he writes:

"The draft proposal for the repeal of the part of the criminal code, chapter 154, which penalises same sex sexual activity has been submitted to the general assembly on 25 October 2011 by a political party, the Communal Democracy Party. This draft legislation states that not only girls and women but also boys and men can be victims of rape and sexual abuse."

Eroglu pledged to support the repeal, saying:

"We gave our considered opinion to the government that the draft proposal concerned should be adopted and section 171 should be abolished without delay."

Yannakoudakis has led a campaign for the the law change.

She said:

"I am pleased that Eroglu has honoured the promise he made to me in October."

"There have been a number of concerns about human rights in the northern part of Cyprus. By agreeing to decriminalise homosexuality Eroglu is taking concrete measures to ensure those living in the north part of Cyprus may enjoy the same human rights as their fellow Europeans."

In October a number of men were arrested for 'homosexual offenses' in North Cyprus, leading to an international outcry about the law.

They included former finance minister Michalis Sarris. He skipped a 17 November court appearance, forgoing €47,000 bail money. Yesterday he was appointed chairman of Marfin Popular Bank, the island’s second-biggest lender.

Sariss has described the circumstances of his arrest as "strange".

Four of those arrested accused the police of brutality. Northern Cyprus group Initiative Against Homophobia accused the Northern Cyprus media in their reporting of the case of 'normalizing an attitude of hatred' and 'feeding homophobic reports and comments to the public'.

Related articles

• More arrests in Northern Cyprus for supposed gay sex (madikazemi.blogspot.com)

Putin to be quizzed over anti-gay laws

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

By Paul Canning

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Related articles

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