extracted text

August 1996

EMERGENCY RESPONSE NETWORK
of the

INTERNATIONAL GAY AND LESBIAN HUMAN RIGHTS
Volume V, Number 4

ANTI-GAY ATTACKS IN BULGARIA:
MASS PUBLIC ARRESTS AND BAR RAID
On the morning of July 9, 1996, the offices of
the Flamingo Center, a legally registered publisher of gay and lesbian erotic magazines,
were vanaalized by police forces from the
third district police station of Sofia, Bulgaria.

IGLHRC Action Alert
covenants ratified by the state of Bulgaria. We are _further
deeply concerned about the well-being of Angel
Bliznatchki, the only visible Bulgarian gay activist recognized by the authorities. We are calling on Bulgarian
President Zhelyu Zhelev to ensure that no more raids are
carried out, and that steps be taken to thoroughly investigate those who authorized and participated in them,
including Lieutenant-Colonel Sliarankov and ExaminingMagistrate Valentin Marinov of the third district police station of Sofia.
•

IGLHRC and the Flamingo Center are request-

Uniformed police officers broke into the Tzar Simeon
ing that urgent letters of protest be sent to the
Street offices of the Flamingo Center, and confiscated all
following
Bulgarian officials:
printed materials including the organizational database of
2,000 members, office equipment and assorted merchanMr. Zhelyu Zhelev
Mr. Zhan Videnov
dise. Three Flamingo Center employees were arrested and President
Prime Minister
met with crews from three television stations on arrival at
Republic of Bulgaria
Republic of Bulgaria
the third district police station. The image of the first
1 Dondukov Street
2 Dondukov Street
detainee removed from the 2olice. wagon was broadcast on 1000 Sofia, Bulgaria
1000 Sofia, Bulgaria
the Central Evening News of all Bulgarian TV channels
fax: +359-2-767-3226
fax: +359-2-767-3226
and published in local newspapers, accompanied by denigrating and defamatory commentary. All three arrested
Mr. Blagovest Sendov .
Mr. Ivan Tatarchev
Flamingo Center employees were released after being held
Chairman, National Assembly General Attorney
at the station for 10 hours.
Republic of Bulgaria
Republic of Bulgaria
2 Alabin Street
As part of this recent growing wave of anti-gay harassment 2 Narodno Sabranie Square
Sofia, Bulgaria
Sofia, Bulgaria
in Bulgaria, it is reported that on July 9, po Tice forces also
fax: +35§}-2-80-1327
raided Comet, an erotic-video center on Vesletz Street in
Sofia and seized all their video tapes. The national newspaper 24 Hours also reports that on July 11, police forces
executed mass arrests of gay men including foreign visitors
UPDATE
at a gay beach near the town of Varna. It is furtner reported tnat on July 13, police officers raided At Kayo, a private
gay club on Yuri Venelin Street in Sofia, resulting in a
reauction in its hours of operation. The nationa1 Standart
and Trud newspapers have also reported the kidnapping of
a gay activist a month ago in the port town of Ro_use .
While the scope and severity of these raids is unpreceMarch 1996 Action Alert
dented in Bulgaria, anti-gay sentiment is not. In the summer of 1995, the Bulgarian General Attorney Mr. Ivan
On the morning of July 31, 1996, Judge Wilson
Tatartchev prevented the broadcast of a commercial preSandura of the Zimbabwean High Court overpared for a national television station, stating that it conturned a government order prohibiting the
tained "homosexual elements which endangered the
Gays ancfLesbians of Zimbabwe (GALZ) from
national morality." The current police campaign of terror
in the 1996 Zimbabwe
participating
against gays and lesbians comes in the wake of a drastic
International
Bookfair (ZIBF) thus allowing
increase in organized crime and an increasingly fragile
the group to participate in this year's fair. This
police structure. This has resulted in the unofficial state
policy of _inciting confrontations between ethnic and social ruling comes in the wake of the latest g9vernment frenzy
of anti-homosexual bigotry and harassment and on the
groups with the aim of deflecting public opinion from the
heels of President Mugabe's expulsion of GALZ from last
rressing national crises of the floundering bank system,
year's bookfair. The government immediatethe ballooning inflation rate and the inaccesALSO INSIDE
ly sought a Supreme Court injunction against
sibility of such basic foodstuffs as bread.
this decision claiming that the GALZ exliibiWe are deeply concerned by these strategic
tion would "lik_ely be associated with a
Argentina
• acts of state sanctioned police brutality
breach
of peace, disorder and immoral
Turkey Germany behavior.
against the Bulgarian gay movement. These
" On August 2, however, the
recent acts are in violation of the Bulgarian
Supreme Court upheld the High Court's rulPoland
Japan
Constitution and numerous international

HIGH .COURT RULING PERMITS
GAYS AND LESBIANS IN
ZIMBABWEAN BOOKFAIR

ing, leaving GALZ to face the prospect of violence at the
bookfair without any police protection. ,
GALZ members attended the bookfair on August 1, and
while exhibiting no materials, engaged in discussions with
the numerous people who gathered at their stand. On
August 2, following the Supreme Court ruling, the GALZ
.booth was occupiea by a hostile crowd led by public prosecutor Herbert Ushewokunze, and GALZ members avoided their stand until the following day. On August 3, GALZ
had their booth relocated, in order to facilitate their swift
escape in the event of an attack. GALZ members were
later tipped off about impending violence, and were forced
to vacate their stand. It is reported that a mob comprised
mainly of Univ~rsity of Zimbabwe students then ransacked
the GALZ stand, tore up and carried away literature, while
the state police refused to intervene.
The Zimbabwe International Bookfair is the largest publishing showcase on the African continent, and drew up to
450 publishers from 40 countries last year. This year's five
day fair opened its doors to traders on July 30 and closed
on August 3. The intent of GALZ was to exhibit information on the intersections of human rights law and gay/lesbian rights in Zimbabwe, to publicize their counseling services, to distribute educational materials on HIV and
AIDS, and to display Sahwira: Being Gay and Lesbian in
Zimbabwe, a recently published anthology, at the bookfair.
On July 29, the Censorship Board and Ministry of Home
Affairs had issued a notice of prohibition keeping GALZ
from participating in the Bool< Fair, citing Section 17 (1)
of the Censorship and Entertainments Control Act.
Section 17 (1) prohibits "the public exhibition or intended
exhibition of any publication which is likely to be associated with breaches of the peace, disorderly or immoral
behavior.... " In response to this prohibition, GALZ immediately made an urgent application for an order against the
prohibition, in which they argued that the Censorship
Board had no legal basis for censoring materials which it
has not seen.
GALZ had initially been granted permission to participate
in this year's bookfair by the ZIBF Trust, which then
received tremendous pressure from the Zimbabwean government for allowing the gay group to participate. Tfie
ZIBF's decision to allow GALZ to participate marks a significant departure from its position last year, which
enforced tfie governments ban of the group from the 1995
bookfair. The Executive Director of tlie bookfair trust, Ms.
Trish Mbanga has stated their commitment to exercising
democracy, and has been unwavering in her refusal to
expel GALZ from this year's bookfair.
The government's attempts to ban GALZ can be traced
directly to the actions of the Director of Information, Mr.
Bornwell Chakaodza, the same minister who issued the
banning order last year. Mr. Chakaodza, with the support
of right wing groups such as Sangomo Munhumutapa
statea that "gay ana lesbian activism would not be tolerated in Zimbabwe." The right wing group's opposition to
GALZ was so strong, that they threatened to "raze down
the stands and go to jail" if the gay groups table was
allowed at the bookfair.
It is reported that several church organizations have publicly supported the participation of GALZ in the bookfair,
stating tfiat the organization's literature on AIDS would
greatly benefit Zimbabwean society. The Zimbabwean
Human Rights Commission (Zimrights), Legal Resource
Foundation and the Catholic Commission for Justice and

IGLHRC-ERN

Peace in Zimbabwe have issued statements criticizing the
government for having issued the banning order.
The International Gay and Lesbian Human Rights
Commission (IGLHRC) is outraged by this state sanctioned incitement of violence against the Zimbabwean gay
and lesbian movement. These recent acts are absolutely
unconscionable, and we are deeply concerned about the
safety of the members of the Gays and Lesbians of
Zimoabwe (GALZ). We implore the Zimbabwean government to ensure police protection of all its citizens, including members of the Gays and Lesbians of Zimbabwe
(GALZ).
.

ARGENTINA MANDATES COMPULSORY
HIV TESTING IN ARMED FORCES
Policies mandating HIV testing are gaining
ground in Argentina. The government of
Argentina has recently issued a decree calling
for mandatory HIV testing of all current and
future members of the armed forces. This policy
began two _years ago in an agreement reached between the
Ministry of Health and the army in the province of Buenos
Aires. With President Carlos Menem's recent decree, No.
906/95, the policy has begun to be implemented at the
federal level not only in tlie army but in all security forces,
including the Federal Police and Coast Guard. Sociedad
de Integraci6n, Gay-Lesbica (SIGLA) reports that several
provincial rolice forces have adopted similar policies, as
have. federal agencies (such as the Finance Ministry) and
private corporations.
This decree is, in fact, contrary to both Argentina's Act
23 798 which states that the fight against AIDS is of
national interest, and more especially Article 2 of this Act
which upholds the dignity of all persons and formally condemns any form of discrimination.
Implementation of this decree constitutes a violation of
medical confidentiality, notably with regard to AIDS. As a
result of this policy, it is reported that any government
official will have access to the medical file of those HIVpositive persons who may be under their command.
Argentina is reneging on its international commitments.
At the December 1994 World Summit in Paris, Argentina
signed a Declaration on AIDS in which it pledged that
Argentina "ensures equal protection under the -law for persons living with HIV/AIDS, with regard to access to health
care, employment, education, travel, housing, and social
welfare."
On a recent visit to France, President Menem was met
with protests from numerous groups, including Aides
Federation Nationale, ACT UP Paris, Chretiens et Sida,
and David et Jonathan. IGLHRC joins with these groups
and with the International Lesbian and Gay Association
(ILGA) in surrorting SIGLAs demand for the immediate
abrogation o this decree and all policies resulting from it.

Write to President Carlos Menem stressing the
following points:
1. Coercion to undergo HIV antibody testing without
informed consent vio1ates Article 5 of the Universal

Volume V, Number 4

August 1996

Declaration of Human Rights which provides that "no one
shall be subjected to torture or to cruel, inhuman or
degrading treatment."
2. It is documented that mandatory HIV testing does nothing to prevent the transmission of HIV/AIDS, but instead
dellects crucial resources which would be better spent on
educational and outreach programs.
3. An adequate public health response to the AIDS epidemic in Argentina includes state guarantees for the safety
of persons with AIDS and HIV+ persons and not their
social stigmatization.
4. As a country that is in the process of renewing its commitment to democracy, Argentina must reaffirm its commitment to human rights, a commitment that by definition
includes the right of people living with HIV/AIDS to live
without fear of persecution.
Send letters to:

have also reported that they were asked to select the
instruments with which they were to be tortured. Those
who refuse get beaten with all of them. The reported acts
of cruelty against persons detained by the police are in
clear violation of Article 5 of the Universal Declaration of
Human Rights (UDHR) which states "No one shall be subjected to torture or to cruel and degrading treatment or
punishment."
Unable to find other work and ·a bandoned by their families, many of the transvestite and transsexuals attempt to
make a living as sex workers. Prostitution has been legalized in Turkey, but only women may obtain permits.
While this could be used to prosecute some of these transsexuals, it is reported that no proof of illegal activity is
required for the police to arrest transvestites and transsexuals. Simply living on Ulker Street has been making transsexuals ana transvestites the victims of police action. No
formal charges have been lodged against any of the transsexuals who have been arrested.
President Carlos Menem
Despite repeated pleas from several victims and Turkey's
Casa de Gobierno
Human Rights Association (IHD) for a thorough investigaBalcarce 50
tion
to the public prosecutors office, no investigation into
Buenos Aires, Argentina
the police action is currently underway. .Article 8 of the
UDHR grants everyone the right to effective remedy by
Please send copies of your letters
competent tribunal for acts violating the fundamentals
to IGLHRC, and to:
rights granted by the law. However, none of these pleas
have resulted in legal cases being brought against tne
SIGLA
alleged abusers.
Parana 122
Buenos Aires, Argentina
Suleyman Ulusoy was recently re-appointed Commander
Fax: +54-1-362-82-61
of the Police for Istanbul-Beyoglu. Previous allegations of
torture ·1ed Mr. Ulusoy to leave Istanbul two years ago.
Unfortunately, upon his return, it seems he may be continuing his attack on transsexuals and transvestites. Police
have reportedly threatened members of the transsexual
community with torture if they do not leave the country.
Lambda Istanbul has denounced the attacks on the transgendered community. They are re.questing that letters
about these human rights violations empnasize the following points:
Reports from the Turkish ay group, Lambda
9 transsexual and
1. The harassment, intimidation and torture of members of
Istanbul, state that Turkeys
the
transsexual and transvestite community must stop
transvestite communitr is facing vicious attacks immediately.
from police in Istanbu , including torture while
2. Serious investigation of present and past abuses against
in pofice custody. The intimidation and violent
the transsexual ana transvestite community needs to be
actions of the police began prior to the United Nations
undertaken immediately to determine the extent of human
Conference of Human Settlements (Habitat II), held in
rights violations by police officers according to Articles 5
Istanbul in early June, and continues to this day Many
and
8 of the UDHR.
believe the actions may have begun as an effort to "cleanup" the city for foreign visitors.
3. If the allegations against Mr. Ulusoy prove to be true,
On Ulker Street, home of many transvestites, the police are he should be relieved of his duties immediately.
now a common sight. Police are reportedly using neighSend letters to:
borhood informants to determine when transvestites have
President
Suleyman Demirel
returned to their homes, at which point, axe-bearing
President
of the Republic
policemen enter their home destroying doors and furniCumh
urbaskanligi
Kosku
ture. According to Lambda, transsexuals and transvestites
Cankaya,
Ankara,
TURKEY
taken from their homes are then brought into the police
station where they are reportedly beaten with batons. In a FAX# 90-312-440-7212
street that normally houses 70 transvestites and transsexuals only seventeen continue to defy the police, in constant Prime Minister Necmeptin Erbakan
fear for their lives. The remainder have taken refuge in the Basbakanlik Bakanliklas
homes of friends or are hostages in their own homes, refus- Ankara, TURKEY
FAX# 90-312-418-0476
ing to turn on the lights or leave for fear of the police.
According to other sources in Turkey, police have allegedly Mr. Hayri Kazakenoglu
burned down the homes of known transsexuals. Some
Governor of Istanbul
transsexuals and transvestites who were taken into custody 90-212-512-2086

TURKEY'S TRANSVESTITE
AND TRANSSEXUAL COMMUNITY
UNDER CONTINUED POLICE ATTACK

1

IGLHRC-ERN

Volume V, Number 4

August 1996

SAMPLE LETTER: Bulgaria

Dear Sir:

I have been deeply concerned by the recent reports of state violence against the Bulgarian gay and
lesbian movement. The mass arrests of gay men in Varna on July 11, and the recent raids of several
private gay institutions contravene Article 26 of the International Covenant on Civil and Political
Rights ratified by Bulgaria, which "guarantees to all persons equal and effective protection against
discrimination on any ground such as race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status" and which must be interpreted to include
sexual orientation. The reported anti-homosexual attacks represent brazen violations of the most
fundamental international human rights standards, as well as the democratic principles of the
Bulgarian Constitution.
As a member of the Council of Europe, Bulgaria has the responsibility to uphold Article 1 of the
European Social Charter, which requires that _member states "protect effectively the right of the
worker to earn his living in an occupation freely entered upon." The Flamingo Center is a legally
registered distributor of erotic materials, and the only basis for the mid of their premises and their
continued harassment is the fact that they cater to the needs of adults who engage in consensual same
sex activities. Bulgaria, as a signatory party to the International Covenant on Economic, Social and
Cultural Rights is required as well t_o institute Article 6, which recognizes the right to work, including
the right to the opportunity to gain ones living through freely chosen or accepted employment.
These anti-homosexual attacks in Bulgaria further contradict Resolution A2-0028/94 of the European
Parliament of the European Community, which calls on member states to "abolish all legal provisions
which criminalize and discriminate against sexual activities by persons of the same sex." .As an
associated member of the European Union, with a pending application for full membership, Bulgaria
shouid actively demonstrate its complian~e with the human rights standards of the European
Community, including its protection of the rights of lesbians and gay men.
I respectfully request therefore, that you exert your greatest influence in securing the safety of Angel
Bliznatchki of the Flamingo Center, and launch exhaustive and impartial investigations into the
reported recent kidnapping of a gay activist from Rouse, as well as the recent raids against Bulgarian
gay institutions and individuals.

Sincerely,

SAMPLE LETTER: Poland

Dear _ __
I would like to express my support for the passage of Article 22, Paragraph 2 of the
new Constitution of the Republic of Poland.
As you probably know, the Association of LAMBDA Groups issued a report in 1994
which documents cases of discrimination against Polish citizens who are gay men or
lesbian women. This crucial report barely exposed the magnitude of the problem, as.
the researchers themselves feared grave repercussions and abuse as a result of their
work. Polish gays and lesbians continue to lose their homes, educational and professional opportunities, and to risk physical attack simply for their honest expression of
their sexual orientation, which happens to be different from that of the majority of
Polish people.
Your retention of Article 22, Paragraph 2 will indicate that the Polish state stands firmly on the side of a minority group oppressed for expression of one of the most basic
human needs; the need to give and receive love. Recognition of the right of consenting
adults to to such expression will place Poland in the Ranks of numerous countries and
municipalities in the European Union which seek to eliminate discrimination against
individuals on the basis of group membership or affiliation. I Glpplaud the fact that
with the retention of Article 22, Paragraph 2 of the new constitution, the Polish state
will be continuing its national tradition of tolerance for which it is known and respected worldwide.
Sincerely,

GAY AND LESBIAN BAR RAIDED IN
HALLE, GERMANY
_In what may be the biggest police operation
against gays and lesbians in the history of
Germany's postwar Federal Republic, 160
police - some in full riot gear and with guns
clrawn - burst into the ZOOM disco in Halle
in the state of Sachsen-Anhalt on the night of
June 7, 1996. The masked police officers ordered every-

the guests at ZOOM will be dealt with according to the
laws regulating such material, and that the material will
not be used for so called "pink lists."
Local gay and lesbian activist in Halle have asked that letters protesting this gross injustice should emphasize the
following points:
1. An apology on the part of the police to the patrons of
the disco is still necessary despite Dr: Puechel claims to
the contrary.
2. The full investigation into the events must proceed and
with a appropriate -legal consequences for those found
responsible for this police action.

one to lie on the floor, and those who did not immediately Letters can be mailed or faxed to:
respond were beaten with batons and bar stools. The 70 or
so patrons present were then handcuffed and were not
Dr. Manfred Puechel
allowed to talk or move for up to four hours. A number of Interior Minister of the State of Sachsen-Anhault
guests were strip-searched, and all were subjected to
Halberstadter Strasse 2
threatening, insulting and violent behavior on the part of
39112 Magdeburg, GERMANY
the police. People without identification were taken to
FAX# 011-03-91506701
J:].earby police stations·. All the patrons of the disco were
hlmed 6y police video cameras.
The police in Halle are claiming they were attempting to
UPDATE
arrest drug dealers, although tney only found one ecstasy
tablet. The raid took place the day before the first
Christopher Street Day (Gay and Lesbian Pride)
Demonstration in the state of Sachsen-Anhalt. Local gay
and lesbian groups are regarding the police operation as a
deliberate attempt to intimidate and suppress the fledgling
gay and lesbian movement in the state. Many activist are
concerned that the video footage of the guests will be used January 1996 Action Alert
to create so-called "pink lists" - police fifes of known gays
The Parliament of Poland is set to debate its
and lesbians.
new permanent constitution this September.
.In discussions at the Landtag (regional government) of
The draft constitution currently incfudes a proSachsen-Anhault, both the Gn.ienen Partei (The Green
vision prohibitin{! discrimination on the basis
9
Party) and the PDS (Partei des demokratischen
f
1 ·
dh
•
•
Sozialismus) which is the new name of the former SED, the O sexua onentahon m its propose
uman
leading party in the former DDR (German Democratic
rights clause(Article 22, Paragraph 2). The human
Republic), have demanded a speedy, and thorough investi- rignts clause, proposed on April 11, 1995, states that "No
one can be discriminated against' because of their sex, race,
gation of the case, and a public
national or ethnic backapology to the victims by the
Minister of Interior, Herr
ground, health, physical or
Manfred Puechel who steadfastmental disability, social back.:.
ly refuses to admit any wrongPlease send copies of your letters to ground, place of birth, sexual
doing. Unfortunately, the SPD
orientation, language spoken,
IGLHRC SO that we can
religious faith or lack thereof,
(Social Democratic Party) and
CDU (Christian Democratic
forward them to local a_ctivists to use opinions, material status or for
Union) controlled Landtag
any _o ther reason."
agreed to the investigation but
in lobbying their
The Constitutional Committee
is expected to complete its
refused to have the minister
governments.
draft by the end of the sumapologize to the victims of the
raid, despite the fac~ that the
mer. While sexual orientation
SPD advocates equality for gays and lesbians in its platis currently retained in the Human Rights clause, Lambda,
form.
the national Polish gay and lesbian organization fears that
Dr. Manfred Puechel, Minister of the Interior of Sachsenthere will be a strong attempt to remove it during the
Anhault in Germany, has stated that the police raid
Polish National Assembly's c:lebate in September. The draft
against the gay bar ZOOM in Halle was directed against
constitution was the subject of heated public debates when
drug criminality and not against homosexuals. He also stat- it was proposed early last year. The Catholic Church has
ed that minority rights is an important issue to him. When st rongly opposed the clause, and is engaged in a negotiait comes to the criticism of the violence used by police offi- tion with President Aleksander Kwaniewski, which may
cers involved in the raid, Dr. Puechel wrote that an investi- cause the removal of sexual orientation from the clause.
gation underway, but that no conclusion has yet been
If this clause is retained in its entireit_y, Poland will stand as
made. The public will, however, be informed as soon as
only the second country in the world after South Africa to
the investigation has been completed. Mr. Puechel also
constitutionally protect its gay and lesbian citizens from
assured that the videos and written information regarding
discrimination. Lambda issued a report in late 1994,

POLAND DEBATES DRAFT
CONSTITUTION INCLUSIVE
OF SEXUAL ORIENTATION

IGLHRC-ERH

Volume V, Humber 4

August 1996

people's anxiety about homosexuality, even if it has no
basis in fact, is sufficient to justify the exclusion of homosexuals from the City's youth hostels.
On July 4, 1996 more than one hundred people were in
attendance as Akitoshi Yanagihashi, a member of OCCUR
and one of the official plaintiffs in the case, testified that
OCCUR had used many other public youth hostels in
other prefectures since the 1990 incident with no mishaps.
Attorney's representing the city of Tokyo will cross examine
Yanagihashi at the next hearing scheduled for early
September. Throughout this court case OCCUR lias benefited from the generous support of the international gay
lesbian, bisexual and transgengered community. Letters of
protest to the City of Tokyo are an extremely effective
means of influencing the courts decision. OCCUR would
be very grateful for further letters from individuals and
organizations stressing the following points.
1. The City of Tokyo must withdraw its appeal immediateWrite to:
ly and abandon its discriminatory policies toward homosexuals. Only in this way can it oegin to function as an
Prezydent Aleksander Kwasniewski R.P.
administration that takes the rights of all its citizens seriul. Wiejska 10
ously,
including those of homosexuals.
00-902 Warszawa, Poland
fax: +48-22-695-12-54
2. (This point should be made in letters to the City of
Tokyo) Restoring the rights of homosexuals to use these
Jozef Zych
public facilities would 6e an important means of realizing
Marszalek Sejmu R.P.
Tokyo Prefectural Governor AOSHIMA
(Speaker of the House)
Yukios stated commitment to
ul. Wiejska 4/6/8
"Governmen·t for the People"
00-902 Warszawa, Poland
(Shimin'ha). For the City government
fax: +48-22-692-22-13
Keep IGLHRC informed it would be an important step towards
r18aining the confidence of the citizens
of human rights violations o ...10 kyo.
Adam Struznik
.
Marszalek Sena tu R. P.
in your area.
3. Tokyos policy is in clear opposition
(Speaker of the Senate)
to the worfd-wide trend of recognizing
ul. Wiejska 4/6/8
the human rights of homosexuals. The City of Tokyo has
00-902 Warszawa, Poland
claimed that it is merely applying the "separate sexes, sepafax: +48-22-694-14-39
rate rooms rule" to homosexuals. But this application
results in the de-facto barring of homosexuafs from the
facility all together. As such, this is clearly an instance of
anti-gay discrimination.
UPDATE
4. It is the responsibility of the authorities to take steps to
educate the _guests and their parents by providing accurate,
unbiased information about homosexuality.
which detailed cases of discrimination against gays and lesbians. This report, along with Lambda's lobbying efforts in
the past two years for non-discrimination legislation which
protects gay men lesbians and bisexuals, was instrumental
in demonstrating to members of the Constitutional
•
Committee the need for such a provision.
While it is reported that a few Polish officials have supported full retention of the clause, this has been purely on
an ad-hoc basis, and Polish lesbians and gays continue to
be expelled from their housing, fired from their jobs, and
denied access to the benefits of registered partnerships.
Letters sent to the "Speaker of the House" and the "Speaker
of the Senate" are expected to yass directly to the
Chairman of the Constitutiona Committee. Lambda urges
your swift action now in the form of urgent letters to these
key parliamentarians in support of the proposed human
rights clause.
,,,

WHAT YOU CAN DO:

CITY OF TOKYO ATTEMPTS TO JUSTIFY
DISCRIMINATION AGAINST GAYS &.
LESBIANS IN ONGOING COURT CASE.

On May 16 at Tokyo's High Court, the City of
Tokyo submitted a further piece of evidence in
the "Fuchu Siene no le" case to support its policy barring homosexuals from city-run youtfi
hostels despite a District Court ruling declaring such discrimination illegal. The case was origi-

Send letters to:
Mr. AOSHIMA Yukio
Governor of the Tokyo Metropolitan Government
Tokyo Metropolitan Government
Nishi-shinjul<u 2-8-1, Shinjuku-ku Tokyo 160 JAPAN

Mr. ISHIKAWA Tadao
The Chairman of the Tokyo Board of Education
naITy brought by the Japan Association for the Lesbian and Tokyo Metropolitan Government
Gay Movement (OCCUR) in 1991 after the Tokyo Board of Nishi-shinjul<u 2-8-1, Shinjuku Tokyo 160 Japan
Education ruled that homosexuals would no longer be
Please send copies of all letters,
allowed to use the city's youth hostels. , In the latest develas well as comments or inquiries to:
opment, Shigeo Ono, Director of the Japanese National
Council of Youth Organizations, issued a court brief that
Japan Association for the Lesbian and Gay Movement
while recognizing he had not conducted any research on
(OCCUR) #201, 4-43-4,
the topic ol homosexuality, went on to argue that mainstream youth groups would be unable to use a facility also Honcho, Nakano-ku
Tokyo 164 JAPAN
being used by homosexuals. Homosexuals would introFAX: 81-3-3-3229-7880
duce a sexual tension into the atmosphere distracting the
other youth, he claimed. Tokyo's strategy is to suggest that email: occur@kt.rim.or.jp

IGLHRC-ERN

Volume V, Number 4

August 1996

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August 1996

EMERGENCY RESPONSE NETWORK
of the

INTERNATIONAL GAY AND LESBIAN HUMAN RIGHTS
Volume V, Number 4

ANTI-GAY ATTACKS IN BULGARIA:
MASS PUBLIC ARRESTS AND BAR RAID
On the morning of July 9, 1996, the offices of
the Flamingo Center, a legally registered publisher of gay and lesbian erotic magazines,
were vanaalized by police forces from the
third district police station of Sofia, Bulgaria.

IGLHRC Action Alert
covenants ratified by the state of Bulgaria. We are _further
deeply concerned about the well-being of Angel
Bliznatchki, the only visible Bulgarian gay activist recognized by the authorities. We are calling on Bulgarian
President Zhelyu Zhelev to ensure that no more raids are
carried out, and that steps be taken to thoroughly investigate those who authorized and participated in them,
including Lieutenant-Colonel Sliarankov and ExaminingMagistrate Valentin Marinov of the third district police station of Sofia.
•

IGLHRC and the Flamingo Center are request-

Uniformed police officers broke into the Tzar Simeon
ing that urgent letters of protest be sent to the
Street offices of the Flamingo Center, and confiscated all
following
Bulgarian officials:
printed materials including the organizational database of
2,000 members, office equipment and assorted merchanMr. Zhelyu Zhelev
Mr. Zhan Videnov
dise. Three Flamingo Center employees were arrested and President
Prime Minister
met with crews from three television stations on arrival at
Republic of Bulgaria
Republic of Bulgaria
the third district police station. The image of the first
1 Dondukov Street
2 Dondukov Street
detainee removed from the 2olice. wagon was broadcast on 1000 Sofia, Bulgaria
1000 Sofia, Bulgaria
the Central Evening News of all Bulgarian TV channels
fax: +359-2-767-3226
fax: +359-2-767-3226
and published in local newspapers, accompanied by denigrating and defamatory commentary. All three arrested
Mr. Blagovest Sendov .
Mr. Ivan Tatarchev
Flamingo Center employees were released after being held
Chairman, National Assembly General Attorney
at the station for 10 hours.
Republic of Bulgaria
Republic of Bulgaria
2 Alabin Street
As part of this recent growing wave of anti-gay harassment 2 Narodno Sabranie Square
Sofia, Bulgaria
Sofia, Bulgaria
in Bulgaria, it is reported that on July 9, po Tice forces also
fax: +35§}-2-80-1327
raided Comet, an erotic-video center on Vesletz Street in
Sofia and seized all their video tapes. The national newspaper 24 Hours also reports that on July 11, police forces
executed mass arrests of gay men including foreign visitors
UPDATE
at a gay beach near the town of Varna. It is furtner reported tnat on July 13, police officers raided At Kayo, a private
gay club on Yuri Venelin Street in Sofia, resulting in a
reauction in its hours of operation. The nationa1 Standart
and Trud newspapers have also reported the kidnapping of
a gay activist a month ago in the port town of Ro_use .
While the scope and severity of these raids is unpreceMarch 1996 Action Alert
dented in Bulgaria, anti-gay sentiment is not. In the summer of 1995, the Bulgarian General Attorney Mr. Ivan
On the morning of July 31, 1996, Judge Wilson
Tatartchev prevented the broadcast of a commercial preSandura of the Zimbabwean High Court overpared for a national television station, stating that it conturned a government order prohibiting the
tained "homosexual elements which endangered the
Gays ancfLesbians of Zimbabwe (GALZ) from
national morality." The current police campaign of terror
in the 1996 Zimbabwe
participating
against gays and lesbians comes in the wake of a drastic
International
Bookfair (ZIBF) thus allowing
increase in organized crime and an increasingly fragile
the group to participate in this year's fair. This
police structure. This has resulted in the unofficial state
policy of _inciting confrontations between ethnic and social ruling comes in the wake of the latest g9vernment frenzy
of anti-homosexual bigotry and harassment and on the
groups with the aim of deflecting public opinion from the
heels of President Mugabe's expulsion of GALZ from last
rressing national crises of the floundering bank system,
year's bookfair. The government immediatethe ballooning inflation rate and the inaccesALSO INSIDE
ly sought a Supreme Court injunction against
sibility of such basic foodstuffs as bread.
this decision claiming that the GALZ exliibiWe are deeply concerned by these strategic
tion would "lik_ely be associated with a
Argentina
• acts of state sanctioned police brutality
breach
of peace, disorder and immoral
Turkey Germany behavior.
against the Bulgarian gay movement. These
" On August 2, however, the
recent acts are in violation of the Bulgarian
Supreme Court upheld the High Court's rulPoland
Japan
Constitution and numerous international

HIGH .COURT RULING PERMITS
GAYS AND LESBIANS IN
ZIMBABWEAN BOOKFAIR

ing, leaving GALZ to face the prospect of violence at the
bookfair without any police protection. ,
GALZ members attended the bookfair on August 1, and
while exhibiting no materials, engaged in discussions with
the numerous people who gathered at their stand. On
August 2, following the Supreme Court ruling, the GALZ
.booth was occupiea by a hostile crowd led by public prosecutor Herbert Ushewokunze, and GALZ members avoided their stand until the following day. On August 3, GALZ
had their booth relocated, in order to facilitate their swift
escape in the event of an attack. GALZ members were
later tipped off about impending violence, and were forced
to vacate their stand. It is reported that a mob comprised
mainly of Univ~rsity of Zimbabwe students then ransacked
the GALZ stand, tore up and carried away literature, while
the state police refused to intervene.
The Zimbabwe International Bookfair is the largest publishing showcase on the African continent, and drew up to
450 publishers from 40 countries last year. This year's five
day fair opened its doors to traders on July 30 and closed
on August 3. The intent of GALZ was to exhibit information on the intersections of human rights law and gay/lesbian rights in Zimbabwe, to publicize their counseling services, to distribute educational materials on HIV and
AIDS, and to display Sahwira: Being Gay and Lesbian in
Zimbabwe, a recently published anthology, at the bookfair.
On July 29, the Censorship Board and Ministry of Home
Affairs had issued a notice of prohibition keeping GALZ
from participating in the Bool< Fair, citing Section 17 (1)
of the Censorship and Entertainments Control Act.
Section 17 (1) prohibits "the public exhibition or intended
exhibition of any publication which is likely to be associated with breaches of the peace, disorderly or immoral
behavior.... " In response to this prohibition, GALZ immediately made an urgent application for an order against the
prohibition, in which they argued that the Censorship
Board had no legal basis for censoring materials which it
has not seen.
GALZ had initially been granted permission to participate
in this year's bookfair by the ZIBF Trust, which then
received tremendous pressure from the Zimbabwean government for allowing the gay group to participate. Tfie
ZIBF's decision to allow GALZ to participate marks a significant departure from its position last year, which
enforced tfie governments ban of the group from the 1995
bookfair. The Executive Director of tlie bookfair trust, Ms.
Trish Mbanga has stated their commitment to exercising
democracy, and has been unwavering in her refusal to
expel GALZ from this year's bookfair.
The government's attempts to ban GALZ can be traced
directly to the actions of the Director of Information, Mr.
Bornwell Chakaodza, the same minister who issued the
banning order last year. Mr. Chakaodza, with the support
of right wing groups such as Sangomo Munhumutapa
statea that "gay ana lesbian activism would not be tolerated in Zimbabwe." The right wing group's opposition to
GALZ was so strong, that they threatened to "raze down
the stands and go to jail" if the gay groups table was
allowed at the bookfair.
It is reported that several church organizations have publicly supported the participation of GALZ in the bookfair,
stating tfiat the organization's literature on AIDS would
greatly benefit Zimbabwean society. The Zimbabwean
Human Rights Commission (Zimrights), Legal Resource
Foundation and the Catholic Commission for Justice and

IGLHRC-ERN

Peace in Zimbabwe have issued statements criticizing the
government for having issued the banning order.
The International Gay and Lesbian Human Rights
Commission (IGLHRC) is outraged by this state sanctioned incitement of violence against the Zimbabwean gay
and lesbian movement. These recent acts are absolutely
unconscionable, and we are deeply concerned about the
safety of the members of the Gays and Lesbians of
Zimoabwe (GALZ). We implore the Zimbabwean government to ensure police protection of all its citizens, including members of the Gays and Lesbians of Zimbabwe
(GALZ).
.

ARGENTINA MANDATES COMPULSORY
HIV TESTING IN ARMED FORCES
Policies mandating HIV testing are gaining
ground in Argentina. The government of
Argentina has recently issued a decree calling
for mandatory HIV testing of all current and
future members of the armed forces. This policy
began two _years ago in an agreement reached between the
Ministry of Health and the army in the province of Buenos
Aires. With President Carlos Menem's recent decree, No.
906/95, the policy has begun to be implemented at the
federal level not only in tlie army but in all security forces,
including the Federal Police and Coast Guard. Sociedad
de Integraci6n, Gay-Lesbica (SIGLA) reports that several
provincial rolice forces have adopted similar policies, as
have. federal agencies (such as the Finance Ministry) and
private corporations.
This decree is, in fact, contrary to both Argentina's Act
23 798 which states that the fight against AIDS is of
national interest, and more especially Article 2 of this Act
which upholds the dignity of all persons and formally condemns any form of discrimination.
Implementation of this decree constitutes a violation of
medical confidentiality, notably with regard to AIDS. As a
result of this policy, it is reported that any government
official will have access to the medical file of those HIVpositive persons who may be under their command.
Argentina is reneging on its international commitments.
At the December 1994 World Summit in Paris, Argentina
signed a Declaration on AIDS in which it pledged that
Argentina "ensures equal protection under the -law for persons living with HIV/AIDS, with regard to access to health
care, employment, education, travel, housing, and social
welfare."
On a recent visit to France, President Menem was met
with protests from numerous groups, including Aides
Federation Nationale, ACT UP Paris, Chretiens et Sida,
and David et Jonathan. IGLHRC joins with these groups
and with the International Lesbian and Gay Association
(ILGA) in surrorting SIGLAs demand for the immediate
abrogation o this decree and all policies resulting from it.

Write to President Carlos Menem stressing the
following points:
1. Coercion to undergo HIV antibody testing without
informed consent vio1ates Article 5 of the Universal

Volume V, Number 4

August 1996

Declaration of Human Rights which provides that "no one
shall be subjected to torture or to cruel, inhuman or
degrading treatment."
2. It is documented that mandatory HIV testing does nothing to prevent the transmission of HIV/AIDS, but instead
dellects crucial resources which would be better spent on
educational and outreach programs.
3. An adequate public health response to the AIDS epidemic in Argentina includes state guarantees for the safety
of persons with AIDS and HIV+ persons and not their
social stigmatization.
4. As a country that is in the process of renewing its commitment to democracy, Argentina must reaffirm its commitment to human rights, a commitment that by definition
includes the right of people living with HIV/AIDS to live
without fear of persecution.
Send letters to:

have also reported that they were asked to select the
instruments with which they were to be tortured. Those
who refuse get beaten with all of them. The reported acts
of cruelty against persons detained by the police are in
clear violation of Article 5 of the Universal Declaration of
Human Rights (UDHR) which states "No one shall be subjected to torture or to cruel and degrading treatment or
punishment."
Unable to find other work and ·a bandoned by their families, many of the transvestite and transsexuals attempt to
make a living as sex workers. Prostitution has been legalized in Turkey, but only women may obtain permits.
While this could be used to prosecute some of these transsexuals, it is reported that no proof of illegal activity is
required for the police to arrest transvestites and transsexuals. Simply living on Ulker Street has been making transsexuals ana transvestites the victims of police action. No
formal charges have been lodged against any of the transsexuals who have been arrested.
President Carlos Menem
Despite repeated pleas from several victims and Turkey's
Casa de Gobierno
Human Rights Association (IHD) for a thorough investigaBalcarce 50
tion
to the public prosecutors office, no investigation into
Buenos Aires, Argentina
the police action is currently underway. .Article 8 of the
UDHR grants everyone the right to effective remedy by
Please send copies of your letters
competent tribunal for acts violating the fundamentals
to IGLHRC, and to:
rights granted by the law. However, none of these pleas
have resulted in legal cases being brought against tne
SIGLA
alleged abusers.
Parana 122
Buenos Aires, Argentina
Suleyman Ulusoy was recently re-appointed Commander
Fax: +54-1-362-82-61
of the Police for Istanbul-Beyoglu. Previous allegations of
torture ·1ed Mr. Ulusoy to leave Istanbul two years ago.
Unfortunately, upon his return, it seems he may be continuing his attack on transsexuals and transvestites. Police
have reportedly threatened members of the transsexual
community with torture if they do not leave the country.
Lambda Istanbul has denounced the attacks on the transgendered community. They are re.questing that letters
about these human rights violations empnasize the following points:
Reports from the Turkish ay group, Lambda
9 transsexual and
1. The harassment, intimidation and torture of members of
Istanbul, state that Turkeys
the
transsexual and transvestite community must stop
transvestite communitr is facing vicious attacks immediately.
from police in Istanbu , including torture while
2. Serious investigation of present and past abuses against
in pofice custody. The intimidation and violent
the transsexual ana transvestite community needs to be
actions of the police began prior to the United Nations
undertaken immediately to determine the extent of human
Conference of Human Settlements (Habitat II), held in
rights violations by police officers according to Articles 5
Istanbul in early June, and continues to this day Many
and
8 of the UDHR.
believe the actions may have begun as an effort to "cleanup" the city for foreign visitors.
3. If the allegations against Mr. Ulusoy prove to be true,
On Ulker Street, home of many transvestites, the police are he should be relieved of his duties immediately.
now a common sight. Police are reportedly using neighSend letters to:
borhood informants to determine when transvestites have
President
Suleyman Demirel
returned to their homes, at which point, axe-bearing
President
of the Republic
policemen enter their home destroying doors and furniCumh
urbaskanligi
Kosku
ture. According to Lambda, transsexuals and transvestites
Cankaya,
Ankara,
TURKEY
taken from their homes are then brought into the police
station where they are reportedly beaten with batons. In a FAX# 90-312-440-7212
street that normally houses 70 transvestites and transsexuals only seventeen continue to defy the police, in constant Prime Minister Necmeptin Erbakan
fear for their lives. The remainder have taken refuge in the Basbakanlik Bakanliklas
homes of friends or are hostages in their own homes, refus- Ankara, TURKEY
FAX# 90-312-418-0476
ing to turn on the lights or leave for fear of the police.
According to other sources in Turkey, police have allegedly Mr. Hayri Kazakenoglu
burned down the homes of known transsexuals. Some
Governor of Istanbul
transsexuals and transvestites who were taken into custody 90-212-512-2086

TURKEY'S TRANSVESTITE
AND TRANSSEXUAL COMMUNITY
UNDER CONTINUED POLICE ATTACK

1

IGLHRC-ERN

Volume V, Number 4

August 1996

SAMPLE LETTER: Bulgaria

Dear Sir:

I have been deeply concerned by the recent reports of state violence against the Bulgarian gay and
lesbian movement. The mass arrests of gay men in Varna on July 11, and the recent raids of several
private gay institutions contravene Article 26 of the International Covenant on Civil and Political
Rights ratified by Bulgaria, which "guarantees to all persons equal and effective protection against
discrimination on any ground such as race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status" and which must be interpreted to include
sexual orientation. The reported anti-homosexual attacks represent brazen violations of the most
fundamental international human rights standards, as well as the democratic principles of the
Bulgarian Constitution.
As a member of the Council of Europe, Bulgaria has the responsibility to uphold Article 1 of the
European Social Charter, which requires that _member states "protect effectively the right of the
worker to earn his living in an occupation freely entered upon." The Flamingo Center is a legally
registered distributor of erotic materials, and the only basis for the mid of their premises and their
continued harassment is the fact that they cater to the needs of adults who engage in consensual same
sex activities. Bulgaria, as a signatory party to the International Covenant on Economic, Social and
Cultural Rights is required as well t_o institute Article 6, which recognizes the right to work, including
the right to the opportunity to gain ones living through freely chosen or accepted employment.
These anti-homosexual attacks in Bulgaria further contradict Resolution A2-0028/94 of the European
Parliament of the European Community, which calls on member states to "abolish all legal provisions
which criminalize and discriminate against sexual activities by persons of the same sex." .As an
associated member of the European Union, with a pending application for full membership, Bulgaria
shouid actively demonstrate its complian~e with the human rights standards of the European
Community, including its protection of the rights of lesbians and gay men.
I respectfully request therefore, that you exert your greatest influence in securing the safety of Angel
Bliznatchki of the Flamingo Center, and launch exhaustive and impartial investigations into the
reported recent kidnapping of a gay activist from Rouse, as well as the recent raids against Bulgarian
gay institutions and individuals.

Sincerely,

SAMPLE LETTER: Poland

Dear _ __
I would like to express my support for the passage of Article 22, Paragraph 2 of the
new Constitution of the Republic of Poland.
As you probably know, the Association of LAMBDA Groups issued a report in 1994
which documents cases of discrimination against Polish citizens who are gay men or
lesbian women. This crucial report barely exposed the magnitude of the problem, as.
the researchers themselves feared grave repercussions and abuse as a result of their
work. Polish gays and lesbians continue to lose their homes, educational and professional opportunities, and to risk physical attack simply for their honest expression of
their sexual orientation, which happens to be different from that of the majority of
Polish people.
Your retention of Article 22, Paragraph 2 will indicate that the Polish state stands firmly on the side of a minority group oppressed for expression of one of the most basic
human needs; the need to give and receive love. Recognition of the right of consenting
adults to to such expression will place Poland in the Ranks of numerous countries and
municipalities in the European Union which seek to eliminate discrimination against
individuals on the basis of group membership or affiliation. I Glpplaud the fact that
with the retention of Article 22, Paragraph 2 of the new constitution, the Polish state
will be continuing its national tradition of tolerance for which it is known and respected worldwide.
Sincerely,

GAY AND LESBIAN BAR RAIDED IN
HALLE, GERMANY
_In what may be the biggest police operation
against gays and lesbians in the history of
Germany's postwar Federal Republic, 160
police - some in full riot gear and with guns
clrawn - burst into the ZOOM disco in Halle
in the state of Sachsen-Anhalt on the night of
June 7, 1996. The masked police officers ordered every-

the guests at ZOOM will be dealt with according to the
laws regulating such material, and that the material will
not be used for so called "pink lists."
Local gay and lesbian activist in Halle have asked that letters protesting this gross injustice should emphasize the
following points:
1. An apology on the part of the police to the patrons of
the disco is still necessary despite Dr: Puechel claims to
the contrary.
2. The full investigation into the events must proceed and
with a appropriate -legal consequences for those found
responsible for this police action.

one to lie on the floor, and those who did not immediately Letters can be mailed or faxed to:
respond were beaten with batons and bar stools. The 70 or
so patrons present were then handcuffed and were not
Dr. Manfred Puechel
allowed to talk or move for up to four hours. A number of Interior Minister of the State of Sachsen-Anhault
guests were strip-searched, and all were subjected to
Halberstadter Strasse 2
threatening, insulting and violent behavior on the part of
39112 Magdeburg, GERMANY
the police. People without identification were taken to
FAX# 011-03-91506701
J:].earby police stations·. All the patrons of the disco were
hlmed 6y police video cameras.
The police in Halle are claiming they were attempting to
UPDATE
arrest drug dealers, although tney only found one ecstasy
tablet. The raid took place the day before the first
Christopher Street Day (Gay and Lesbian Pride)
Demonstration in the state of Sachsen-Anhalt. Local gay
and lesbian groups are regarding the police operation as a
deliberate attempt to intimidate and suppress the fledgling
gay and lesbian movement in the state. Many activist are
concerned that the video footage of the guests will be used January 1996 Action Alert
to create so-called "pink lists" - police fifes of known gays
The Parliament of Poland is set to debate its
and lesbians.
new permanent constitution this September.
.In discussions at the Landtag (regional government) of
The draft constitution currently incfudes a proSachsen-Anhault, both the Gn.ienen Partei (The Green
vision prohibitin{! discrimination on the basis
9
Party) and the PDS (Partei des demokratischen
f
1 ·
dh
•
•
Sozialismus) which is the new name of the former SED, the O sexua onentahon m its propose
uman
leading party in the former DDR (German Democratic
rights clause(Article 22, Paragraph 2). The human
Republic), have demanded a speedy, and thorough investi- rignts clause, proposed on April 11, 1995, states that "No
one can be discriminated against' because of their sex, race,
gation of the case, and a public
national or ethnic backapology to the victims by the
Minister of Interior, Herr
ground, health, physical or
Manfred Puechel who steadfastmental disability, social back.:.
ly refuses to admit any wrongPlease send copies of your letters to ground, place of birth, sexual
doing. Unfortunately, the SPD
orientation, language spoken,
IGLHRC SO that we can
religious faith or lack thereof,
(Social Democratic Party) and
CDU (Christian Democratic
forward them to local a_ctivists to use opinions, material status or for
Union) controlled Landtag
any _o ther reason."
agreed to the investigation but
in lobbying their
The Constitutional Committee
is expected to complete its
refused to have the minister
governments.
draft by the end of the sumapologize to the victims of the
raid, despite the fac~ that the
mer. While sexual orientation
SPD advocates equality for gays and lesbians in its platis currently retained in the Human Rights clause, Lambda,
form.
the national Polish gay and lesbian organization fears that
Dr. Manfred Puechel, Minister of the Interior of Sachsenthere will be a strong attempt to remove it during the
Anhault in Germany, has stated that the police raid
Polish National Assembly's c:lebate in September. The draft
against the gay bar ZOOM in Halle was directed against
constitution was the subject of heated public debates when
drug criminality and not against homosexuals. He also stat- it was proposed early last year. The Catholic Church has
ed that minority rights is an important issue to him. When st rongly opposed the clause, and is engaged in a negotiait comes to the criticism of the violence used by police offi- tion with President Aleksander Kwaniewski, which may
cers involved in the raid, Dr. Puechel wrote that an investi- cause the removal of sexual orientation from the clause.
gation underway, but that no conclusion has yet been
If this clause is retained in its entireit_y, Poland will stand as
made. The public will, however, be informed as soon as
only the second country in the world after South Africa to
the investigation has been completed. Mr. Puechel also
constitutionally protect its gay and lesbian citizens from
assured that the videos and written information regarding
discrimination. Lambda issued a report in late 1994,

POLAND DEBATES DRAFT
CONSTITUTION INCLUSIVE
OF SEXUAL ORIENTATION

IGLHRC-ERH

Volume V, Humber 4

August 1996

people's anxiety about homosexuality, even if it has no
basis in fact, is sufficient to justify the exclusion of homosexuals from the City's youth hostels.
On July 4, 1996 more than one hundred people were in
attendance as Akitoshi Yanagihashi, a member of OCCUR
and one of the official plaintiffs in the case, testified that
OCCUR had used many other public youth hostels in
other prefectures since the 1990 incident with no mishaps.
Attorney's representing the city of Tokyo will cross examine
Yanagihashi at the next hearing scheduled for early
September. Throughout this court case OCCUR lias benefited from the generous support of the international gay
lesbian, bisexual and transgengered community. Letters of
protest to the City of Tokyo are an extremely effective
means of influencing the courts decision. OCCUR would
be very grateful for further letters from individuals and
organizations stressing the following points.
1. The City of Tokyo must withdraw its appeal immediateWrite to:
ly and abandon its discriminatory policies toward homosexuals. Only in this way can it oegin to function as an
Prezydent Aleksander Kwasniewski R.P.
administration that takes the rights of all its citizens seriul. Wiejska 10
ously,
including those of homosexuals.
00-902 Warszawa, Poland
fax: +48-22-695-12-54
2. (This point should be made in letters to the City of
Tokyo) Restoring the rights of homosexuals to use these
Jozef Zych
public facilities would 6e an important means of realizing
Marszalek Sejmu R.P.
Tokyo Prefectural Governor AOSHIMA
(Speaker of the House)
Yukios stated commitment to
ul. Wiejska 4/6/8
"Governmen·t for the People"
00-902 Warszawa, Poland
(Shimin'ha). For the City government
fax: +48-22-692-22-13
Keep IGLHRC informed it would be an important step towards
r18aining the confidence of the citizens
of human rights violations o ...10 kyo.
Adam Struznik
.
Marszalek Sena tu R. P.
in your area.
3. Tokyos policy is in clear opposition
(Speaker of the Senate)
to the worfd-wide trend of recognizing
ul. Wiejska 4/6/8
the human rights of homosexuals. The City of Tokyo has
00-902 Warszawa, Poland
claimed that it is merely applying the "separate sexes, sepafax: +48-22-694-14-39
rate rooms rule" to homosexuals. But this application
results in the de-facto barring of homosexuafs from the
facility all together. As such, this is clearly an instance of
anti-gay discrimination.
UPDATE
4. It is the responsibility of the authorities to take steps to
educate the _guests and their parents by providing accurate,
unbiased information about homosexuality.
which detailed cases of discrimination against gays and lesbians. This report, along with Lambda's lobbying efforts in
the past two years for non-discrimination legislation which
protects gay men lesbians and bisexuals, was instrumental
in demonstrating to members of the Constitutional
•
Committee the need for such a provision.
While it is reported that a few Polish officials have supported full retention of the clause, this has been purely on
an ad-hoc basis, and Polish lesbians and gays continue to
be expelled from their housing, fired from their jobs, and
denied access to the benefits of registered partnerships.
Letters sent to the "Speaker of the House" and the "Speaker
of the Senate" are expected to yass directly to the
Chairman of the Constitutiona Committee. Lambda urges
your swift action now in the form of urgent letters to these
key parliamentarians in support of the proposed human
rights clause.
,,,

WHAT YOU CAN DO:

CITY OF TOKYO ATTEMPTS TO JUSTIFY
DISCRIMINATION AGAINST GAYS &.
LESBIANS IN ONGOING COURT CASE.

On May 16 at Tokyo's High Court, the City of
Tokyo submitted a further piece of evidence in
the "Fuchu Siene no le" case to support its policy barring homosexuals from city-run youtfi
hostels despite a District Court ruling declaring such discrimination illegal. The case was origi-

Send letters to:
Mr. AOSHIMA Yukio
Governor of the Tokyo Metropolitan Government
Tokyo Metropolitan Government
Nishi-shinjul<u 2-8-1, Shinjuku-ku Tokyo 160 JAPAN

Mr. ISHIKAWA Tadao
The Chairman of the Tokyo Board of Education
naITy brought by the Japan Association for the Lesbian and Tokyo Metropolitan Government
Gay Movement (OCCUR) in 1991 after the Tokyo Board of Nishi-shinjul<u 2-8-1, Shinjuku Tokyo 160 Japan
Education ruled that homosexuals would no longer be
Please send copies of all letters,
allowed to use the city's youth hostels. , In the latest develas well as comments or inquiries to:
opment, Shigeo Ono, Director of the Japanese National
Council of Youth Organizations, issued a court brief that
Japan Association for the Lesbian and Gay Movement
while recognizing he had not conducted any research on
(OCCUR) #201, 4-43-4,
the topic ol homosexuality, went on to argue that mainstream youth groups would be unable to use a facility also Honcho, Nakano-ku
Tokyo 164 JAPAN
being used by homosexuals. Homosexuals would introFAX: 81-3-3-3229-7880
duce a sexual tension into the atmosphere distracting the
other youth, he claimed. Tokyo's strategy is to suggest that email: occur@kt.rim.or.jp

IGLHRC-ERN

Volume V, Number 4

August 1996

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•violations against gay men, lesbians, bisexuals, and people with HIV/AIDS worldwide. Please sign up to receiv:e action alerts on a regular basis (via email or postal service) and become part of an international campaign to make a difference in the lives of sexual minorities
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August 1996

EMERGENCY RESPONSE NETWORK
of the

INTERNATIONAL GAY AND LESBIAN HUMAN RIGHTS
Volume V, Number 4

ANTI-GAY ATTACKS IN BULGARIA:
MASS PUBLIC ARRESTS AND BAR RAID
On the morning of July 9, 1996, the offices of
the Flamingo Center, a legally registered publisher of gay and lesbian erotic magazines,
were vanaalized by police forces from the
third district police station of Sofia, Bulgaria.

IGLHRC Action Alert
covenants ratified by the state of Bulgaria. We are _further
deeply concerned about the well-being of Angel
Bliznatchki, the only visible Bulgarian gay activist recognized by the authorities. We are calling on Bulgarian
President Zhelyu Zhelev to ensure that no more raids are
carried out, and that steps be taken to thoroughly investigate those who authorized and participated in them,
including Lieutenant-Colonel Sliarankov and ExaminingMagistrate Valentin Marinov of the third district police station of Sofia.
•

IGLHRC and the Flamingo Center are request-

Uniformed police officers broke into the Tzar Simeon
ing that urgent letters of protest be sent to the
Street offices of the Flamingo Center, and confiscated all
following
Bulgarian officials:
printed materials including the organizational database of
2,000 members, office equipment and assorted merchanMr. Zhelyu Zhelev
Mr. Zhan Videnov
dise. Three Flamingo Center employees were arrested and President
Prime Minister
met with crews from three television stations on arrival at
Republic of Bulgaria
Republic of Bulgaria
the third district police station. The image of the first
1 Dondukov Street
2 Dondukov Street
detainee removed from the 2olice. wagon was broadcast on 1000 Sofia, Bulgaria
1000 Sofia, Bulgaria
the Central Evening News of all Bulgarian TV channels
fax: +359-2-767-3226
fax: +359-2-767-3226
and published in local newspapers, accompanied by denigrating and defamatory commentary. All three arrested
Mr. Blagovest Sendov .
Mr. Ivan Tatarchev
Flamingo Center employees were released after being held
Chairman, National Assembly General Attorney
at the station for 10 hours.
Republic of Bulgaria
Republic of Bulgaria
2 Alabin Street
As part of this recent growing wave of anti-gay harassment 2 Narodno Sabranie Square
Sofia, Bulgaria
Sofia, Bulgaria
in Bulgaria, it is reported that on July 9, po Tice forces also
fax: +35§}-2-80-1327
raided Comet, an erotic-video center on Vesletz Street in
Sofia and seized all their video tapes. The national newspaper 24 Hours also reports that on July 11, police forces
executed mass arrests of gay men including foreign visitors
UPDATE
at a gay beach near the town of Varna. It is furtner reported tnat on July 13, police officers raided At Kayo, a private
gay club on Yuri Venelin Street in Sofia, resulting in a
reauction in its hours of operation. The nationa1 Standart
and Trud newspapers have also reported the kidnapping of
a gay activist a month ago in the port town of Ro_use .
While the scope and severity of these raids is unpreceMarch 1996 Action Alert
dented in Bulgaria, anti-gay sentiment is not. In the summer of 1995, the Bulgarian General Attorney Mr. Ivan
On the morning of July 31, 1996, Judge Wilson
Tatartchev prevented the broadcast of a commercial preSandura of the Zimbabwean High Court overpared for a national television station, stating that it conturned a government order prohibiting the
tained "homosexual elements which endangered the
Gays ancfLesbians of Zimbabwe (GALZ) from
national morality." The current police campaign of terror
in the 1996 Zimbabwe
participating
against gays and lesbians comes in the wake of a drastic
International
Bookfair (ZIBF) thus allowing
increase in organized crime and an increasingly fragile
the group to participate in this year's fair. This
police structure. This has resulted in the unofficial state
policy of _inciting confrontations between ethnic and social ruling comes in the wake of the latest g9vernment frenzy
of anti-homosexual bigotry and harassment and on the
groups with the aim of deflecting public opinion from the
heels of President Mugabe's expulsion of GALZ from last
rressing national crises of the floundering bank system,
year's bookfair. The government immediatethe ballooning inflation rate and the inaccesALSO INSIDE
ly sought a Supreme Court injunction against
sibility of such basic foodstuffs as bread.
this decision claiming that the GALZ exliibiWe are deeply concerned by these strategic
tion would "lik_ely be associated with a
Argentina
• acts of state sanctioned police brutality
breach
of peace, disorder and immoral
Turkey Germany behavior.
against the Bulgarian gay movement. These
" On August 2, however, the
recent acts are in violation of the Bulgarian
Supreme Court upheld the High Court's rulPoland
Japan
Constitution and numerous international

HIGH .COURT RULING PERMITS
GAYS AND LESBIANS IN
ZIMBABWEAN BOOKFAIR

ing, leaving GALZ to face the prospect of violence at the
bookfair without any police protection. ,
GALZ members attended the bookfair on August 1, and
while exhibiting no materials, engaged in discussions with
the numerous people who gathered at their stand. On
August 2, following the Supreme Court ruling, the GALZ
.booth was occupiea by a hostile crowd led by public prosecutor Herbert Ushewokunze, and GALZ members avoided their stand until the following day. On August 3, GALZ
had their booth relocated, in order to facilitate their swift
escape in the event of an attack. GALZ members were
later tipped off about impending violence, and were forced
to vacate their stand. It is reported that a mob comprised
mainly of Univ~rsity of Zimbabwe students then ransacked
the GALZ stand, tore up and carried away literature, while
the state police refused to intervene.
The Zimbabwe International Bookfair is the largest publishing showcase on the African continent, and drew up to
450 publishers from 40 countries last year. This year's five
day fair opened its doors to traders on July 30 and closed
on August 3. The intent of GALZ was to exhibit information on the intersections of human rights law and gay/lesbian rights in Zimbabwe, to publicize their counseling services, to distribute educational materials on HIV and
AIDS, and to display Sahwira: Being Gay and Lesbian in
Zimbabwe, a recently published anthology, at the bookfair.
On July 29, the Censorship Board and Ministry of Home
Affairs had issued a notice of prohibition keeping GALZ
from participating in the Bool< Fair, citing Section 17 (1)
of the Censorship and Entertainments Control Act.
Section 17 (1) prohibits "the public exhibition or intended
exhibition of any publication which is likely to be associated with breaches of the peace, disorderly or immoral
behavior.... " In response to this prohibition, GALZ immediately made an urgent application for an order against the
prohibition, in which they argued that the Censorship
Board had no legal basis for censoring materials which it
has not seen.
GALZ had initially been granted permission to participate
in this year's bookfair by the ZIBF Trust, which then
received tremendous pressure from the Zimbabwean government for allowing the gay group to participate. Tfie
ZIBF's decision to allow GALZ to participate marks a significant departure from its position last year, which
enforced tfie governments ban of the group from the 1995
bookfair. The Executive Director of tlie bookfair trust, Ms.
Trish Mbanga has stated their commitment to exercising
democracy, and has been unwavering in her refusal to
expel GALZ from this year's bookfair.
The government's attempts to ban GALZ can be traced
directly to the actions of the Director of Information, Mr.
Bornwell Chakaodza, the same minister who issued the
banning order last year. Mr. Chakaodza, with the support
of right wing groups such as Sangomo Munhumutapa
statea that "gay ana lesbian activism would not be tolerated in Zimbabwe." The right wing group's opposition to
GALZ was so strong, that they threatened to "raze down
the stands and go to jail" if the gay groups table was
allowed at the bookfair.
It is reported that several church organizations have publicly supported the participation of GALZ in the bookfair,
stating tfiat the organization's literature on AIDS would
greatly benefit Zimbabwean society. The Zimbabwean
Human Rights Commission (Zimrights), Legal Resource
Foundation and the Catholic Commission for Justice and

IGLHRC-ERN

Peace in Zimbabwe have issued statements criticizing the
government for having issued the banning order.
The International Gay and Lesbian Human Rights
Commission (IGLHRC) is outraged by this state sanctioned incitement of violence against the Zimbabwean gay
and lesbian movement. These recent acts are absolutely
unconscionable, and we are deeply concerned about the
safety of the members of the Gays and Lesbians of
Zimoabwe (GALZ). We implore the Zimbabwean government to ensure police protection of all its citizens, including members of the Gays and Lesbians of Zimbabwe
(GALZ).
.

ARGENTINA MANDATES COMPULSORY
HIV TESTING IN ARMED FORCES
Policies mandating HIV testing are gaining
ground in Argentina. The government of
Argentina has recently issued a decree calling
for mandatory HIV testing of all current and
future members of the armed forces. This policy
began two _years ago in an agreement reached between the
Ministry of Health and the army in the province of Buenos
Aires. With President Carlos Menem's recent decree, No.
906/95, the policy has begun to be implemented at the
federal level not only in tlie army but in all security forces,
including the Federal Police and Coast Guard. Sociedad
de Integraci6n, Gay-Lesbica (SIGLA) reports that several
provincial rolice forces have adopted similar policies, as
have. federal agencies (such as the Finance Ministry) and
private corporations.
This decree is, in fact, contrary to both Argentina's Act
23 798 which states that the fight against AIDS is of
national interest, and more especially Article 2 of this Act
which upholds the dignity of all persons and formally condemns any form of discrimination.
Implementation of this decree constitutes a violation of
medical confidentiality, notably with regard to AIDS. As a
result of this policy, it is reported that any government
official will have access to the medical file of those HIVpositive persons who may be under their command.
Argentina is reneging on its international commitments.
At the December 1994 World Summit in Paris, Argentina
signed a Declaration on AIDS in which it pledged that
Argentina "ensures equal protection under the -law for persons living with HIV/AIDS, with regard to access to health
care, employment, education, travel, housing, and social
welfare."
On a recent visit to France, President Menem was met
with protests from numerous groups, including Aides
Federation Nationale, ACT UP Paris, Chretiens et Sida,
and David et Jonathan. IGLHRC joins with these groups
and with the International Lesbian and Gay Association
(ILGA) in surrorting SIGLAs demand for the immediate
abrogation o this decree and all policies resulting from it.

Write to President Carlos Menem stressing the
following points:
1. Coercion to undergo HIV antibody testing without
informed consent vio1ates Article 5 of the Universal

Volume V, Number 4

August 1996

Declaration of Human Rights which provides that "no one
shall be subjected to torture or to cruel, inhuman or
degrading treatment."
2. It is documented that mandatory HIV testing does nothing to prevent the transmission of HIV/AIDS, but instead
dellects crucial resources which would be better spent on
educational and outreach programs.
3. An adequate public health response to the AIDS epidemic in Argentina includes state guarantees for the safety
of persons with AIDS and HIV+ persons and not their
social stigmatization.
4. As a country that is in the process of renewing its commitment to democracy, Argentina must reaffirm its commitment to human rights, a commitment that by definition
includes the right of people living with HIV/AIDS to live
without fear of persecution.
Send letters to:

have also reported that they were asked to select the
instruments with which they were to be tortured. Those
who refuse get beaten with all of them. The reported acts
of cruelty against persons detained by the police are in
clear violation of Article 5 of the Universal Declaration of
Human Rights (UDHR) which states "No one shall be subjected to torture or to cruel and degrading treatment or
punishment."
Unable to find other work and ·a bandoned by their families, many of the transvestite and transsexuals attempt to
make a living as sex workers. Prostitution has been legalized in Turkey, but only women may obtain permits.
While this could be used to prosecute some of these transsexuals, it is reported that no proof of illegal activity is
required for the police to arrest transvestites and transsexuals. Simply living on Ulker Street has been making transsexuals ana transvestites the victims of police action. No
formal charges have been lodged against any of the transsexuals who have been arrested.
President Carlos Menem
Despite repeated pleas from several victims and Turkey's
Casa de Gobierno
Human Rights Association (IHD) for a thorough investigaBalcarce 50
tion
to the public prosecutors office, no investigation into
Buenos Aires, Argentina
the police action is currently underway. .Article 8 of the
UDHR grants everyone the right to effective remedy by
Please send copies of your letters
competent tribunal for acts violating the fundamentals
to IGLHRC, and to:
rights granted by the law. However, none of these pleas
have resulted in legal cases being brought against tne
SIGLA
alleged abusers.
Parana 122
Buenos Aires, Argentina
Suleyman Ulusoy was recently re-appointed Commander
Fax: +54-1-362-82-61
of the Police for Istanbul-Beyoglu. Previous allegations of
torture ·1ed Mr. Ulusoy to leave Istanbul two years ago.
Unfortunately, upon his return, it seems he may be continuing his attack on transsexuals and transvestites. Police
have reportedly threatened members of the transsexual
community with torture if they do not leave the country.
Lambda Istanbul has denounced the attacks on the transgendered community. They are re.questing that letters
about these human rights violations empnasize the following points:
Reports from the Turkish ay group, Lambda
9 transsexual and
1. The harassment, intimidation and torture of members of
Istanbul, state that Turkeys
the
transsexual and transvestite community must stop
transvestite communitr is facing vicious attacks immediately.
from police in Istanbu , including torture while
2. Serious investigation of present and past abuses against
in pofice custody. The intimidation and violent
the transsexual ana transvestite community needs to be
actions of the police began prior to the United Nations
undertaken immediately to determine the extent of human
Conference of Human Settlements (Habitat II), held in
rights violations by police officers according to Articles 5
Istanbul in early June, and continues to this day Many
and
8 of the UDHR.
believe the actions may have begun as an effort to "cleanup" the city for foreign visitors.
3. If the allegations against Mr. Ulusoy prove to be true,
On Ulker Street, home of many transvestites, the police are he should be relieved of his duties immediately.
now a common sight. Police are reportedly using neighSend letters to:
borhood informants to determine when transvestites have
President
Suleyman Demirel
returned to their homes, at which point, axe-bearing
President
of the Republic
policemen enter their home destroying doors and furniCumh
urbaskanligi
Kosku
ture. According to Lambda, transsexuals and transvestites
Cankaya,
Ankara,
TURKEY
taken from their homes are then brought into the police
station where they are reportedly beaten with batons. In a FAX# 90-312-440-7212
street that normally houses 70 transvestites and transsexuals only seventeen continue to defy the police, in constant Prime Minister Necmeptin Erbakan
fear for their lives. The remainder have taken refuge in the Basbakanlik Bakanliklas
homes of friends or are hostages in their own homes, refus- Ankara, TURKEY
FAX# 90-312-418-0476
ing to turn on the lights or leave for fear of the police.
According to other sources in Turkey, police have allegedly Mr. Hayri Kazakenoglu
burned down the homes of known transsexuals. Some
Governor of Istanbul
transsexuals and transvestites who were taken into custody 90-212-512-2086

TURKEY'S TRANSVESTITE
AND TRANSSEXUAL COMMUNITY
UNDER CONTINUED POLICE ATTACK

1

IGLHRC-ERN

Volume V, Number 4

August 1996

SAMPLE LETTER: Bulgaria

Dear Sir:

I have been deeply concerned by the recent reports of state violence against the Bulgarian gay and
lesbian movement. The mass arrests of gay men in Varna on July 11, and the recent raids of several
private gay institutions contravene Article 26 of the International Covenant on Civil and Political
Rights ratified by Bulgaria, which "guarantees to all persons equal and effective protection against
discrimination on any ground such as race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status" and which must be interpreted to include
sexual orientation. The reported anti-homosexual attacks represent brazen violations of the most
fundamental international human rights standards, as well as the democratic principles of the
Bulgarian Constitution.
As a member of the Council of Europe, Bulgaria has the responsibility to uphold Article 1 of the
European Social Charter, which requires that _member states "protect effectively the right of the
worker to earn his living in an occupation freely entered upon." The Flamingo Center is a legally
registered distributor of erotic materials, and the only basis for the mid of their premises and their
continued harassment is the fact that they cater to the needs of adults who engage in consensual same
sex activities. Bulgaria, as a signatory party to the International Covenant on Economic, Social and
Cultural Rights is required as well t_o institute Article 6, which recognizes the right to work, including
the right to the opportunity to gain ones living through freely chosen or accepted employment.
These anti-homosexual attacks in Bulgaria further contradict Resolution A2-0028/94 of the European
Parliament of the European Community, which calls on member states to "abolish all legal provisions
which criminalize and discriminate against sexual activities by persons of the same sex." .As an
associated member of the European Union, with a pending application for full membership, Bulgaria
shouid actively demonstrate its complian~e with the human rights standards of the European
Community, including its protection of the rights of lesbians and gay men.
I respectfully request therefore, that you exert your greatest influence in securing the safety of Angel
Bliznatchki of the Flamingo Center, and launch exhaustive and impartial investigations into the
reported recent kidnapping of a gay activist from Rouse, as well as the recent raids against Bulgarian
gay institutions and individuals.

Sincerely,

SAMPLE LETTER: Poland

Dear _ __
I would like to express my support for the passage of Article 22, Paragraph 2 of the
new Constitution of the Republic of Poland.
As you probably know, the Association of LAMBDA Groups issued a report in 1994
which documents cases of discrimination against Polish citizens who are gay men or
lesbian women. This crucial report barely exposed the magnitude of the problem, as.
the researchers themselves feared grave repercussions and abuse as a result of their
work. Polish gays and lesbians continue to lose their homes, educational and professional opportunities, and to risk physical attack simply for their honest expression of
their sexual orientation, which happens to be different from that of the majority of
Polish people.
Your retention of Article 22, Paragraph 2 will indicate that the Polish state stands firmly on the side of a minority group oppressed for expression of one of the most basic
human needs; the need to give and receive love. Recognition of the right of consenting
adults to to such expression will place Poland in the Ranks of numerous countries and
municipalities in the European Union which seek to eliminate discrimination against
individuals on the basis of group membership or affiliation. I Glpplaud the fact that
with the retention of Article 22, Paragraph 2 of the new constitution, the Polish state
will be continuing its national tradition of tolerance for which it is known and respected worldwide.
Sincerely,

GAY AND LESBIAN BAR RAIDED IN
HALLE, GERMANY
_In what may be the biggest police operation
against gays and lesbians in the history of
Germany's postwar Federal Republic, 160
police - some in full riot gear and with guns
clrawn - burst into the ZOOM disco in Halle
in the state of Sachsen-Anhalt on the night of
June 7, 1996. The masked police officers ordered every-

the guests at ZOOM will be dealt with according to the
laws regulating such material, and that the material will
not be used for so called "pink lists."
Local gay and lesbian activist in Halle have asked that letters protesting this gross injustice should emphasize the
following points:
1. An apology on the part of the police to the patrons of
the disco is still necessary despite Dr: Puechel claims to
the contrary.
2. The full investigation into the events must proceed and
with a appropriate -legal consequences for those found
responsible for this police action.

one to lie on the floor, and those who did not immediately Letters can be mailed or faxed to:
respond were beaten with batons and bar stools. The 70 or
so patrons present were then handcuffed and were not
Dr. Manfred Puechel
allowed to talk or move for up to four hours. A number of Interior Minister of the State of Sachsen-Anhault
guests were strip-searched, and all were subjected to
Halberstadter Strasse 2
threatening, insulting and violent behavior on the part of
39112 Magdeburg, GERMANY
the police. People without identification were taken to
FAX# 011-03-91506701
J:].earby police stations·. All the patrons of the disco were
hlmed 6y police video cameras.
The police in Halle are claiming they were attempting to
UPDATE
arrest drug dealers, although tney only found one ecstasy
tablet. The raid took place the day before the first
Christopher Street Day (Gay and Lesbian Pride)
Demonstration in the state of Sachsen-Anhalt. Local gay
and lesbian groups are regarding the police operation as a
deliberate attempt to intimidate and suppress the fledgling
gay and lesbian movement in the state. Many activist are
concerned that the video footage of the guests will be used January 1996 Action Alert
to create so-called "pink lists" - police fifes of known gays
The Parliament of Poland is set to debate its
and lesbians.
new permanent constitution this September.
.In discussions at the Landtag (regional government) of
The draft constitution currently incfudes a proSachsen-Anhault, both the Gn.ienen Partei (The Green
vision prohibitin{! discrimination on the basis
9
Party) and the PDS (Partei des demokratischen
f
1 ·
dh
•
•
Sozialismus) which is the new name of the former SED, the O sexua onentahon m its propose
uman
leading party in the former DDR (German Democratic
rights clause(Article 22, Paragraph 2). The human
Republic), have demanded a speedy, and thorough investi- rignts clause, proposed on April 11, 1995, states that "No
one can be discriminated against' because of their sex, race,
gation of the case, and a public
national or ethnic backapology to the victims by the
Minister of Interior, Herr
ground, health, physical or
Manfred Puechel who steadfastmental disability, social back.:.
ly refuses to admit any wrongPlease send copies of your letters to ground, place of birth, sexual
doing. Unfortunately, the SPD
orientation, language spoken,
IGLHRC SO that we can
religious faith or lack thereof,
(Social Democratic Party) and
CDU (Christian Democratic
forward them to local a_ctivists to use opinions, material status or for
Union) controlled Landtag
any _o ther reason."
agreed to the investigation but
in lobbying their
The Constitutional Committee
is expected to complete its
refused to have the minister
governments.
draft by the end of the sumapologize to the victims of the
raid, despite the fac~ that the
mer. While sexual orientation
SPD advocates equality for gays and lesbians in its platis currently retained in the Human Rights clause, Lambda,
form.
the national Polish gay and lesbian organization fears that
Dr. Manfred Puechel, Minister of the Interior of Sachsenthere will be a strong attempt to remove it during the
Anhault in Germany, has stated that the police raid
Polish National Assembly's c:lebate in September. The draft
against the gay bar ZOOM in Halle was directed against
constitution was the subject of heated public debates when
drug criminality and not against homosexuals. He also stat- it was proposed early last year. The Catholic Church has
ed that minority rights is an important issue to him. When st rongly opposed the clause, and is engaged in a negotiait comes to the criticism of the violence used by police offi- tion with President Aleksander Kwaniewski, which may
cers involved in the raid, Dr. Puechel wrote that an investi- cause the removal of sexual orientation from the clause.
gation underway, but that no conclusion has yet been
If this clause is retained in its entireit_y, Poland will stand as
made. The public will, however, be informed as soon as
only the second country in the world after South Africa to
the investigation has been completed. Mr. Puechel also
constitutionally protect its gay and lesbian citizens from
assured that the videos and written information regarding
discrimination. Lambda issued a report in late 1994,

POLAND DEBATES DRAFT
CONSTITUTION INCLUSIVE
OF SEXUAL ORIENTATION

IGLHRC-ERH

Volume V, Humber 4

August 1996

people's anxiety about homosexuality, even if it has no
basis in fact, is sufficient to justify the exclusion of homosexuals from the City's youth hostels.
On July 4, 1996 more than one hundred people were in
attendance as Akitoshi Yanagihashi, a member of OCCUR
and one of the official plaintiffs in the case, testified that
OCCUR had used many other public youth hostels in
other prefectures since the 1990 incident with no mishaps.
Attorney's representing the city of Tokyo will cross examine
Yanagihashi at the next hearing scheduled for early
September. Throughout this court case OCCUR lias benefited from the generous support of the international gay
lesbian, bisexual and transgengered community. Letters of
protest to the City of Tokyo are an extremely effective
means of influencing the courts decision. OCCUR would
be very grateful for further letters from individuals and
organizations stressing the following points.
1. The City of Tokyo must withdraw its appeal immediateWrite to:
ly and abandon its discriminatory policies toward homosexuals. Only in this way can it oegin to function as an
Prezydent Aleksander Kwasniewski R.P.
administration that takes the rights of all its citizens seriul. Wiejska 10
ously,
including those of homosexuals.
00-902 Warszawa, Poland
fax: +48-22-695-12-54
2. (This point should be made in letters to the City of
Tokyo) Restoring the rights of homosexuals to use these
Jozef Zych
public facilities would 6e an important means of realizing
Marszalek Sejmu R.P.
Tokyo Prefectural Governor AOSHIMA
(Speaker of the House)
Yukios stated commitment to
ul. Wiejska 4/6/8
"Governmen·t for the People"
00-902 Warszawa, Poland
(Shimin'ha). For the City government
fax: +48-22-692-22-13
Keep IGLHRC informed it would be an important step towards
r18aining the confidence of the citizens
of human rights violations o ...10 kyo.
Adam Struznik
.
Marszalek Sena tu R. P.
in your area.
3. Tokyos policy is in clear opposition
(Speaker of the Senate)
to the worfd-wide trend of recognizing
ul. Wiejska 4/6/8
the human rights of homosexuals. The City of Tokyo has
00-902 Warszawa, Poland
claimed that it is merely applying the "separate sexes, sepafax: +48-22-694-14-39
rate rooms rule" to homosexuals. But this application
results in the de-facto barring of homosexuafs from the
facility all together. As such, this is clearly an instance of
anti-gay discrimination.
UPDATE
4. It is the responsibility of the authorities to take steps to
educate the _guests and their parents by providing accurate,
unbiased information about homosexuality.
which detailed cases of discrimination against gays and lesbians. This report, along with Lambda's lobbying efforts in
the past two years for non-discrimination legislation which
protects gay men lesbians and bisexuals, was instrumental
in demonstrating to members of the Constitutional
•
Committee the need for such a provision.
While it is reported that a few Polish officials have supported full retention of the clause, this has been purely on
an ad-hoc basis, and Polish lesbians and gays continue to
be expelled from their housing, fired from their jobs, and
denied access to the benefits of registered partnerships.
Letters sent to the "Speaker of the House" and the "Speaker
of the Senate" are expected to yass directly to the
Chairman of the Constitutiona Committee. Lambda urges
your swift action now in the form of urgent letters to these
key parliamentarians in support of the proposed human
rights clause.
,,,

WHAT YOU CAN DO:

CITY OF TOKYO ATTEMPTS TO JUSTIFY
DISCRIMINATION AGAINST GAYS &.
LESBIANS IN ONGOING COURT CASE.

On May 16 at Tokyo's High Court, the City of
Tokyo submitted a further piece of evidence in
the "Fuchu Siene no le" case to support its policy barring homosexuals from city-run youtfi
hostels despite a District Court ruling declaring such discrimination illegal. The case was origi-

Send letters to:
Mr. AOSHIMA Yukio
Governor of the Tokyo Metropolitan Government
Tokyo Metropolitan Government
Nishi-shinjul<u 2-8-1, Shinjuku-ku Tokyo 160 JAPAN

Mr. ISHIKAWA Tadao
The Chairman of the Tokyo Board of Education
naITy brought by the Japan Association for the Lesbian and Tokyo Metropolitan Government
Gay Movement (OCCUR) in 1991 after the Tokyo Board of Nishi-shinjul<u 2-8-1, Shinjuku Tokyo 160 Japan
Education ruled that homosexuals would no longer be
Please send copies of all letters,
allowed to use the city's youth hostels. , In the latest develas well as comments or inquiries to:
opment, Shigeo Ono, Director of the Japanese National
Council of Youth Organizations, issued a court brief that
Japan Association for the Lesbian and Gay Movement
while recognizing he had not conducted any research on
(OCCUR) #201, 4-43-4,
the topic ol homosexuality, went on to argue that mainstream youth groups would be unable to use a facility also Honcho, Nakano-ku
Tokyo 164 JAPAN
being used by homosexuals. Homosexuals would introFAX: 81-3-3-3229-7880
duce a sexual tension into the atmosphere distracting the
other youth, he claimed. Tokyo's strategy is to suggest that email: occur@kt.rim.or.jp

IGLHRC-ERN

Volume V, Number 4

August 1996

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