Tuesday, 22 June 2010

The timing of the arrests of Zimbabwe's LGBTI activists

Source: African Activist

Zimbabwe is writing a new constitution and now moves into the outreach phase where people throughout the country offer their views about what needs to be included in the new constitution. This is the time to discuss lesbian, gay, bisexual, transgender and intersex (LGBTI) rights but the lead advocacy organisation, Gays and Lesbians of Zimbabwe (GALZ), has been raided by police and two employees are preparing their defense instead of advocating for LGBTI rights.

First, the constitutional outreach program has reignited hope in Zimbabwe, the People's Daily Online reports.

The outreach program, which is meant to gather people's views on the new constitution, is expected to last about two months and people in the country are cherishing this once in a lifetime opportunity to define and shape their future and that of future generations.

Riddled by false starts since July last year owing to squabbles over the composition of the outreach teams, talking points to shape the hearings, donor funding and other issues, the utmost assurance was given on Wednesday when President Robert Mugabe, Prime Minister Morgan Tsvangirai and Deputy Prime Minister Arthur Mutambara appeared together and jointly launched the outreach program.

A total of 70 outreach teams will be deployed countrywide on Monday next week for at least 65 days to gather views of the public on the new constitution which will replace the negotiated 1979 Lancaster House constitution.
The constitutional outreach process will include the discussion of LGBTI rights.
People are also expected to discuss the various human rights and freedoms they want enshrined in the new constitution, including the contentious gay rights.
Second, the Movement for Democratic Change (MDC-M) has stated that the issue of LGBTI rights needs to be decided by the people, the News Day reports.
Movement for Democratic Change (MDC-M) led by deputy prime minister Arthur Mutambara on Friday says it has no policy on gays in Zimbabwe and that it was up to the people to decide whether homosexuality should be included in the constitution.

MDC-M deputy national spokesperson, Nhlanhla Dube said his party would be guided by the people’s wishes in the constitutional-making process and would not give them instructions on how to write the supreme law.

“As a party we are guided by the people,” Dube said.

“It is them who should decide whether homosexuality issues should be included on the constitution or not.” Dube agreed however that Zimbabwean culture did not condone homosexuality. Recently, President Robert Mugabe and Prime Minister Morgan Tsvangirai castigated homosexuality when commemorating Women’s Day in Chitungwiza.
This is a very different approach from President Robert Mugabe (Zanu-PF) and Prime Minister Morgan Tsvangirai (MDC-T)'s determination to leave LGBTI rights out of the new constitution. Zimbabwe's Constitution Select Committee (Copac)'s chairman, responding to Mugabe and Tsvangirai, had refused the discussion of LGBTI rights in the new constitution.

Third, with the constitutional outreach programs underway, the timing of the arrests of LGBTI activists in Zimbabwe is suspicious. Right now they are focused on their defense, not on advocating for LGBTI rights in the new constitution. In addition, the state can use these arrests to create a negative story about LGBTI people at the very time Zimbabwe considers the new constitution.

Gays and Lesbians of Zimbabwe (GALZ) had organised a Sexual Orientation Indaba on February 26 to advocate for the inclusion of sexual orientation in Zimbabwe's new constitution. The also responded to Prime Minister Morgan Tsvangirai (MDC-T)'s determination to leave LGBTI rights out of the new constitution.

Monday, 21 June 2010

How Kiana Firouz became the World's Most Famous lesbian asylum seeker

A demonstrator's sign at the 1 May demo outside the Washington DC UK embassy supporting Kiana (thanks to our reporting), Bita Ghaedi, Nadia Arzane & Bashir Foris. They chanted:
We don’t want to lose
Kiana Firouz
Nadia and Bashir:
let them stay here!
Refugees have rights!
Refugees have rights!
By Paul Canning

By the time Kiana Firouz finally won 'leave to remain' in the UK last Thursday she had become the most well-known lesbian asylum seeker ever with over 45,000 signing an online petition.

When I first heard of her at the beginning of April it was due to one article on Radio Free Europe's website about the film she had made with Ramin Goudarzi-Nejad and Mahshad Torkan.

So I contacted Mahshad and through her a statement from Kiana was published on LGBT Asylum News. This was tweeted and Facebooked and that's where it all began.

A week after her statement appeared here her petition, started for her by Mahshad, had gone from a few hundred derived largely from the Iranian disapora to several thousand. I watched as Kiana's case reverberated online through feminist, lesbian, human rights, political and many, many other networks connected by the Internet.

Within a couple of weeks I was fielding inquiries from The Times, CNN, BBC and others as well as numerous offers of help. But Kiana wasn't talking, and with good reason. She took the well-founded advice of her solicitor.

The UK Home Office's case for rejecting her was based on whether she was well-known to the Iranian authorities or not - i.e. whether she could be safely returned. At her appeal in March (her first case would likely have been thrown out anyway - almost all sexual orientation asylum cases are - but it wasn't handled well) the elderly judge refused to believe that the Iranians would pick up on the early publicity for her film which even by then had seen the YouTube trailer have thousands of views. Incredibly, he hadn't heard of the sophistication of the Iranian's internet monitoring operation (thanks amongst others to Siemens) and rejected her appeal despite accepting that she was lesbian.

As the publicity grew, destroying their argument for rejecting her asylum claim with each inquiry from a journalist referred on by me to her solicitor and then passed on to her case worker at the UK Border Agency, there remained the possibility of simple belligerence and obstinacy by the Home Office, something I've reported on here time and again. Nothing was ever 100% certain - they might think the publicity 'fabricated'.

But it wasn't just the legal advice which meant silence, Kiana was also having a hard time processing the attention. This led to her missing even the premiere of her film last month in London, attended by hundreds largely from the Iranian exile community in London and including many celebrated artists.

For me this was completely understandable but frustrating. We had discussed releasing a statement (something her solicitor agreed to) to answer all the interest and now it can be released. This is what we'd agreed (minus the information that a fresh claim had been lodged):
Dear All,

I would like to thank you for all of your supports, comments and messages. The number of signatures made on my petition overwhelms me. Your supports and your kind letters create enormous hope and courage for all of those who are discriminated for their beliefs and sexual orientation in Iran and all over the world.

I am just an example of an Iranian lesbian who has suffered from injustice and discrimination in a religious country. There are thousands of Iranian LGBT who are suffering and getting tortured by their families and the society for their sexual orientation inside Iran. However I believe that even those who are outside of Iran are facing so many difficulties as well.

I am not the only lesbian or gay person who has been refused asylum by the UK. In its report 'Failing the grade', the UK Lesbian and Gay Immigration Group examined 50 refusal letters and found that 98-99% of claims made by LGBT were being refused compared to 73% for claims made on other grounds.

This includes Iranians but it also includes Iraqis - even since the situation for gays in Iraq, which includes militias systematically hunting them down and killing them, became widely publicised they have been refused. I would like to express my solidarity particularly with Iraqis and the claim for asylum by their leader, Ali Hili.

I would like to draw the attention of all those supporting me to the plight of many other lesbians and gays caught up in the UK asylum system. I would hope that the new British government will take a look at their situation as well as mine.

I hope, this open further opportunity and movement toward an open society in Iran for everyone regardless of their sexual preferences. I also hope to see a day that injustices, tortures and the death penalties that the homosexuals face in Iran be stopped.

Kind regards,

Kiana Firouz
Kiana understood that there were others in the same boat as her but not so well known and agreed with me that those supporting her should know this. I am aware not just through campaigning or working behind the scenes for other specific LGBT asylum seekers but also through the annoyance of those who work on cases when just one gets picked up on, especially by the short-termist media, that it's the UK system which needs, desperately needs, reform.

Many others fall through the cracks, don't get good legal or community support - many are removed back to an unknown fate.

In 2005 26 year old gay Iranian Hussein Nasseri shot himself in his car at a children's playground in Eastbourne days after hearing his second appeal against a Home Office decision to refuse him asylum had failed and that he was to be removed.

Three years ago 27 year old gay Iranian Shahin Portofeh was reduced to sewing his lips and eyes together in desperation to avoid once more being deported. Previously returned to Tehran, he was jailed, lashed, tortured and ultimately faced execution. He somehow managed to escape from custody and return to the UK. Eventually Shahin was allowed to stay.

Kiana does not have asylum, she has 'leave to remain' for five years. This is based on the idea that in five years it might be safe for her to return. Another Iranian lesbian who I know has this status and it is no way to live - to plan ahead with your life, to return to study and a career after spending, as she had done, several years fighting for even this bit of security. She remains terrified that they will, next year, put her back into detention and then send her back. She also remains in grief because of the partner she left behind, believed to be still in jail.

The British government doesn't take LGBT Iranian refugees (from the UNHCR programme) and in case-after-case it has made it as hard as possible for them to secure sanctuary in the UK. As it showed in the case of Mehdi Kazemi (previously the 'world's most famous gay asylum seeker'), officially it believes the Iranian government's lies about life for LGBT in Iran. It does not, officially, believe they are actively persecuted.

They also officially believe it is safe to return to Iraq. Gay cases have been refused during the past two years when there have been several human rights reports as well as major media reports on the pogrom going on in that benighted country for LGBT. Yet the Foreign Office refuses to condemn the Iraqi government and in its latest 'human rights report' said: "official figures do not show a significant overall increase in violence against, or systematic abuse of, the homosexual community by fundamentalists or militia groups".

Let the UK government get no gratitude from the rest of us, the thousands who have shown they care, for grudgingly doing the 'right thing', for giving Kiana her rightful sanctuary. Let it be understood just how pitiful and cowardly and shameful is our actual attitude, in this country which thinks itself nowadays a progressive 'light unto the world' on LGBT rights, to lesbian women, gay men, bisexual and transgender people unfortunate not to be born subjects of the Crown.

Let the new government understand just how awful and inhuman and homophobic an asylum system it has inherited. Let it turn what sounds like good intentions into meaningful and thorough actions.

Let Kiana not be the first but the last.

Americans: Please support the Refugee Protection Act

Source: Human Rights First

15 million.

That's the new figure, just released from the UN refugee agency, of refugees fleeing persecution worldwide. Persecuted for who they are, what they believe, or what they look like.

And what's worse, rather than protection and refuge, those who seek asylum in this country often face more injustice-detained in prisons or prison-like conditions, without basic due process protections, or denied asylum due to an arbitrary filing deadline. [LGBT Asylum News note: see Why the Refugee Protection Act of 2010 Is Good for LGBT Asylum Seekers]

Human Rights First and its allies are meeting with members of Congress next week and we need your help.

Every day at Human Rights First we see cases of people who have been tortured, brutalized, or persecuted. But these asylum seekers cannot always depend on the U.S. for safe refuge.

The Refugee Protection Act of 2010 (S.3113)-would correct many of the worst abuses under our current system. But our champions in the Senate-Senators Patrick Leahy (D-VT), Carl Levin (D-MI), Richard Durbin (D-IL), Daniel Akaka (D-HI), and Roland Burris (D-IL)-need our help securing more co-sponsors.

Contact your senators today. Tell them to stand up for refugees, and ask them to support this much-needed bill that would help those fleeing persecution and seeking safe haven in the United States.

Here's what The Refugee Protection Act would do:
  • Allow detained asylum seekers to receive prompt hearings by the immigration courts to assess the need for their detention so that these asylum seekers are not subject to prolonged and arbitrary detention;
  • Eliminate the one year asylum filing deadline that bars refugees with well-founded fears of persecution from asylum;
  • Clarify the "particular social group" basis and "nexus" requirements for asylum so that asylum requests from vulnerable individuals, including women fleeing gender-based persecution, are adjudicated fairly and consistently; and
  • Protect refugees from inappropriate exclusion by refining the definitions of "terrorist activity" and "terrorist organization" so that our immigration laws target actual terrorists, as opposed to hurting thousands of legitimate refugees who are not guilty of any wrongdoing and pose no threat to American security.
Thank you for taking action to support asylum-seekers in the United States.
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Saturday, 19 June 2010

Iraqi police raid Karbala LGBT safe house; fears of 'witch hunt'

The destroyed 'safe' house
Source: Iraqi LGBT

There is growing concern that the Iraqi government is stepping up a witch-hunt against gays and lesbians in the country after a police raid on a Karbala safe house.

On Tuesday 16th June, twelve police officers burst into the house, then violently beat up, and blindfolded the six occupants sheltering there, before bundling them off in three vans.  According to a source who witnessed the raid, the police also confiscated computer equipment before burning down the house.

According to reports, one of the arrested people has turned up in hospital. Nothing is known about the whereabouts of the other five individuals, which include two gay men, one lesbian and two transgender people. It is feared they may have been taken to the Interior Ministry in Baghdad, where, it is reported, many gay people have been tortured and executed in the last two years.

The one victim found so far - in hospital with slashed throat
Government forces have previously sized people particularly at roadblocks and handed them to militias who have then tortured them and their bodies have later been found.

None of the previous occupying powers have taken any action or delivered any criticism for these atrocities.

Iraqi LGBT feel that the reason the British and United States government in particular didn’t criticises the Iraqi government is because of the legacy of the occupation.

They have criticised the Malawian government and the Ugandan government.

In both those countries there is a strong religious opposition to homosexuality — as there is in Iraq.

Since the fall of Saddam, militias loyal to Shi’a clerics Grand Ayatollah al Sistani and Muqtada al Sadr, both of whom have called for homosexuals to be put to death, have been only too keen to carry out their leaders’ wishes. Over 720 LGBT people have disappeared or been murdered, many of whom have been tortured to death.

There is strong evidence that the government is colluding with these militia groups, by rounding up known homosexual and transgender people.  A small number of safe houses, set up for LGBT people to live in relative safety, have been funded by Iraqi LGBT, a London based human rights group. In the current climate, these homes have been life-savers for those taking refuge in them. The house which was raided on Tuesday had been established in January this year.

With the arrest and the seizure of computers, it is feared the government will step up efforts to round up more of the country’s LGBT population.

Ali Hili, who is the leader of Iraqi LGBT, comments:  “The UK media and politicians have been too quiet for too long about the violence LGBT people in Iraq. The militia and the powers that be know they can get away with it while that silence continues. It really is time for the Iraqi government to act on this and stop playing the role of guilty bystanders, while our brothers and sisters are murdered in silence”

Currently the UK Border Agency is deporting many Iraqis, some who left the country in fear of their lives after death threats from gangsters and religious militia. “The government is grossly underestimating the danger faced by Iraqi refugees." says Ali. "The raid on Tuesday proves for LGBT people especially, Iraq is a no-go zone”.
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Wednesday, 16 June 2010

LGBT Asylum News: our news, a fresh appeal and future plans

By Paul Canning

LGBT Asylum News will be 'going slow' for a few weeks.

Posting will be less frequent and less comprehensive though we hope to bring you the first statement from
Kiana Firouz, news from Austria on the fate of deported gay Nigerian footballer Cletus, what's happening on LGBT asylum at London Pride and a very exciting development on how change is to be secured from the new British government - signs so far are best described as 'mixed' - as well as guest posts

We are currently talking to a funder on expanding the work and branching out in a new, exciting direction  to provide more help for the international LGBT advocate network - and we will be asking for your thoughts about our plans. We hope to announce this big development at a conference in early July. But whilst this is happening we have much less resources to devote to the website and, unfortunately, this means money.  

We recently issued an appeal and thank those who supported us, unfortunately it wasn't enough to stop us slowing down for a while.

If you'd like to help that will be gratefully appreciated and reflected back in the ongoing service we hope we're providing! As well as this website we do also work 'behind the scenes' on projects we can't necessarily talk about as well as helping individuals

Contact us at gayasylumuk AT gmail.com if you need more information or have any questions.

Breaking: Kiana Firouz has asylum

By Paul Canning

LGBT Asylum News has confirmed that Iranian lesbian Kiana Firouz today received 'leave to remain' in the UK - saving her from removal to Tehran after two refusals, originally and at appeal.

Kiana has been the focus of the largest ever international campaign for an LGBT asylum seeker, with over 45,000 signing a petition. We published Kiana's statement back in April.

Watch this space for updates.

In Indonesia homophobia is on the rise

Source: Inside Indonesia

By Jamison Liang

In recent months, Indonesia has witnessed demonstrations against two conferences aiming to discuss the rights of lesbian, gay, bisexual and transgender (LGBT) people. The first occurred in response to the fourth regional meeting of the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), scheduled to take place in Surabaya, East Java on 26-28 March 2010 and supported by Indonesia's leading LGBT organisation, GAYa NUSANTARA. A month later in Depok, West Java, a workshop on transgender issues sponsored by the National Commission for Human Rights (Komnas HAM) found itself in the same predicament.

In both of these incidents, the Islamic Defenders Front (Front Pembela Islam, FPI), an Islamist organisation with a record of violent tactics, led the choir of critics against LGBT citizens. In both cases, the attacks on the conferences prompted their cancellation. In their protests, FPI and its supporters denounced LGBT sexualities and genders as not belonging in Indonesia and contravening Islamic morals and beliefs.

A disturbing feature of both events was the inability or unwillingness of police to prevent detractors from disrupting the meetings or to ensure the safety of conference participants, even though one of the meetings was endorsed by the Indonesian government. As such, these events reveal the growing influence of Islamist parties in Indonesia and the challenges facing Indonesian LGBT rights activists.

An international meeting goes awry

ILGA, a major global network of lesbian, gay, bisexual and transgender activist organisations, selected Surabaya-based GAYa NUSANTARA to host the fourth conference of its Asian branch. ILGA has a history of successfully organising workshops on gender, sexuality and activism in the Asian region. It had previously held meetings in Mumbai (2002), Cebu (2005), and Chiang Mai (2008), all with little to no backlash from local communities. With ILGA looking to bring its meeting to Indonesia for the first time, GAYa NUSANTARA emerged as a leading candidate for organising the 2010 gathering, billed with the slogan 'LGBT Asia Moving Forward'.

Controversy arose early in the week of the conference when media outlets began reporting that gays and lesbians from around the world would be descending upon Surabaya for the three-day event at the Mercure Hotel. In response, FPI and its supporters approached the Mercure management, strongly encouraging them to withdraw from the ILGA conference or face demonstrations. Mercure agreed to the request, backing out of its contract with ILGA and thereby forcing the ILGA board to identify a new site with only a few days to spare. The board quickly settled on the Oval Hotel and secured an agreement from hotel management to use its conference rooms.

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