EmergencyResponseNetwork_v5.no1.1996.01.pdf
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- EmergencyResponseNetwork_v5.no1.1996.01.pdf
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January 1 996
EMERGENCY RESPONSE NETWORK
of the
INTERNATIONAL GAY AND LESBIAN HUMAN RIGHTS COMMISSION
IGLHRC Action Alert
Volume V, Num~er 1
e
THAI AIDS ORGANIZATION BOMBED,
FORCED TO RELOCATE
Relocating HIV/AIDS service organizations outside of hostile
communities is not a long-term solution and goes against ~he aims
articulated in the national AIDS prevention plan. Provincial
authorities should work with the Relief Center and other such
organizations to promote awareness and reduce prejudice among
local residents.
Write to:
Khun Sumport Sriwong,
Khun Sucharit Patchimnandha
Permanent Secretary
Nonthaburi Governor
Ministry of Public Health
Nonthaburi Government Hall
Tiwanon Rd.
Rattanatibet Rd., Amphur Muang
Ampho_e Muang
Nonthaburi 11000, Thailand
Nonthaburi 11000, Thailand
The St. Camillus Foundation Relief Center, an 18-bed
facility in Nonthaburi province which opened in 1993, and
which provides counseling and temporary shelter to people
living with HIV, has been forced to relocate after it became
the focus of protests last spring when local villagers became
aware that the center's residents were HIV-positive. On May
21, 1995, a bomb exploded in front of the center, causing damage
to nearby buildings and cars. In the wake of the bombing, the
center stopped providing housing but continued to provide
counseling and other services.
Although the government's national AIDS prevention plan for Khun Pramuan Rujchaseri
1995-96 emphasizes support for work carried out by community- Deputy Permanent Undersecretary
based organizations and N GOs to establish services within Ministry of the Interior
communities affected by HIV, the Provincial AIDS Committee, Asadang Rd., Amphur Phranakorn
headed by provincial governor Sucharit Patchimnandha and Bangkok 10200, Thailand
comprised of police and public health officials, concluded after the
bombing that the Center should be relocated. Rather than
UPDATE
investigating the attacks, police warned that further violence
ANTI-GAY RHETORIC ESCALATES IN
would occur if the center refused to move.
The Thai NGO Coalition on AIDS, which includes forty-eight ZIMBABWE
member organizations, released a sta_tement on June 7 calling on Official harassment against lesbians and gay men in
the police to follow up on their investigation of the bombing and Zimbabwe has widened to include virulent attacks on the
urging the Provincial AIDS Committee to promote better floor of Parliament. A series of debates in the last few months
understanding between villagers and the center. No action was on "the evil and iniquitous practice of homosexualism and
taken, artd on August 25 an unidentified gunman fired several lesbianism" have provided a forum for anti-gay speeches by a
shots from an assault rifle into the facility.
number of legislators from the ruling ZANU PF party. These
Having failed to obtain from ·the police any assurances of speeches follow recent anti-gay statements by Zimbabwe
protection against future harassment, the center has accepted a President Robert Mugabe and threats on the part of government
fifteen-year lease in another location which has been offered to officials to arrest gays and lesbians.
them by provincial authorities.
In the face of protests from foreign governments, human rights
organizations,
and individuals around the world, members of
The Relief Center has requested that respectfully worded letters be
sent expressing concern that the center was forced to move, and Parliament have taken to the floor to voice their support for
urging that it be given the full support of local authorities in Mugabe and for the government's stated policy of denying gays
and lesbians their basic human rights. On
carrying out its work in its new location.
28 September, 1995, MP Mutyambiz
Letters should emphasize the following
ALSO INSIDE:
declared,
"I would like to call for all
points:
traditional forces in this country to rally
Poland
0 The United Nations Commission on
behind the State President in the eradication
Uruguay
li.uman Rights has urged Member States to
of homosexualism. I feel that all those who
include in their AIDS programs measures to
Romania
know homos in this country should make
combat social stigmatization, discrimination
them be brought before the courts of law
and violence directed against persons with HN/AIDS, and to take and be tried for their evil activity." In another such debate in
necessary steps to develop the supportive social environment November, MP Chief Makoni suggested that caning and flogging
required for successful care, treatment and prevention programs.
should be introduced as punishment for both male and female
@ Non-governmental organizations providing services for people
homosexuality. Under the Zimbabwe penal code, male
living with HIV must be provided full protection of the law. homosexual acts are illegal and punishable by a fine.
Nonthaburi police should take all possible action to investigate the Gays and Lesbians of Zimbabwe (GALZ) is requesting that
attacks on the Relief Center, and should ensure the center of foreig11 governments continue expressing their grave concern
prompt attention to any further harassment.
(over)
regarding this situation. Send letters to your foreign ministry - 8 This is a unique opportunity for Poland to fashion .a long lasting
requesting that they contact the Zimbabwean authorities. Letters Constitution that replaces the existing Stalin-era 1952 constitution
should stress the following:
with a document protecting individual freedoms and liberties, but
0 Remarks such as those made by President Mugabe and various that also will benefit future relations with European institutions
members of Parliament not only legitimate but encourage including the Council of Europe (CoE) and the European
precisely the sorts of rights violations to which sexual minorities Parliament of the EC. The Parliamentary Assembly of the CoE
(Recommendation 924/81 and Motion for Recommendation
are subject around the w~rld.
6348/90) as well as the European Parliament (Resolution on
8 The international community has a responsibility to speak out Sexual Discrimination at the workplace) have both urged their
against statements of intent to persecute a minority group. member states to entirely equate homosexuals with heterosexuals
Continued pressure is needed to ensure that state harassment of in all fields of legislation.
gays and lesbians ceases, and that the government of Zimbabwe Write to:
does not further implement its discriminatory policies.
Marszalek Sejmu R.P.
Marszalek Senatu R. P.
Please send copies of the letters to:
H.E. Robert Mugabe
The Zimbabwean Parliament
Private Bag 7700
P.O. Box CY 298
Causeway
Causeway
Harare, Zimbabwe
Harare, Zimbabwe
POlAND'S DRAFT CONSTITUTION
INCLUDES SEXUAL ORIENTATION
(Speaker ·of the Sejm)
ul. Wiejska 4/6/8
00-902 Warszawa, Poland
(Speaker of the Senate)
ul. Wieska 4/6/8
00-902 Warszawa, Poland
Prezydent Aleksander Kwasnieski R. P.
Kancelaria
ul. Wiejska 10
00-902 Warszawa, Poland
The Parliament of Poland will soon be considering a new URUGUAY CONSIDERS LEGAUZATION
permanent constitution drafted by its Constitutional
Committee. On April 11, 1995, the Constitutional Committee OF PROSTITUTION
proposed the human rights clause of the draft, outlining groups In February 1996, the Commission on the Constitution,
who should not be discriminated against. The proposed clause Legislation and Codes of the lower house of the Uruguayan
(Paragraph 2 - Article 2) reads "No one can be discriminated Parlia-m ent will be considering a measure to legalize
against because of their sex, race, national or ethnic background, prostitution. Currently, prostitution is neither prohibited nor
health, physical or mental disability, social background, place of permitted under Uruguayan law. Local activists report that police
birth, sexual orientation, language spoken, religious faith or lack detain prostitutes for up to twenty-four hours and often demand
thereof, opinions, material status or for any other reason,,.
bribes or sexual favors. Sex workers are subject to a wide range of
The inclusion of sexual orientation in this non discrimination abuses, including physical violence and murder, but such crimes
clause caused immediate division among many of the deputies. At are rarely investigated by the police, and many go unreported.
the time, former President Lech Walesa's representative walked The first version of the proposed legislation was drafted in 1993
out of the committee meeting, commenting "does this mean that after two years of discussion among representatives of the
intercourse with animals or a corpse will also be protected?" The Asociaci6n de Meretrices Profesionales de Uruguay (AMEPU), the
Catholic Church has also strongly opposed the clause, citing it as Asociaci6n de Travestis ·del Uruguay (ATRU), the Department of
an "example leading toward extremes which cannot be accepted Legal Medicine of the Faculty of Medicine in Montevideo, the
by any normal society."
Ministry of Public Health, the Montevideo P<;>lice Department and
the
human rights group Servicio de Paz y Justicia (SERPAJ). This
Lambda, a national gay and lesbian rights organization in Poland,
has been lobbying the government for over two years to back a proposed legislation would provide protection under the law to
"all persons, of whatever sex, age
non-discrimination clause for gay
eighteen and over,, practicing
men, lesbians and bisexuals. A
YOUR LETTERS CAN DO
prostitution. Prostitutes would be
report issued by Lambda last year
obligated
to
obtain
an
DOUBLE DUTY
detailing cases of discrimination
identification card from a registry
a·g ainst gays and lesbians was
Please send copies to the IGLHRC
which would be established within
instrumental in convincing
the National Police. They would
commission members of the need
office for forwarding to local
also be required to have periodic
for such a provision.
activists to use in lobbying their
medical examinations and to work
In the wake of recent general
only within designated commercial
governments.
elections in which the former head
establishments and zones. All those
of the Constitutional Commission,
complying with these regulations
the now President-elect Aleksander Kwasnieski, defeated Walesa, would be recognized as workers by the state. In December 1995,
Lambda predicts the next few months to be a critical period of lobbying by AMEPU resulted in a decision by the Social Security
decision making in the Polish Parliament. Please support their Bank that prostitutes working legally (provided such a law is
efforts by sending letters to the following officials expressing your promulgated) will be eligible for all programs offered by the Bank,
support for the proposed ~uman rights clause.
including pension plans.
Letters should include the following points:
Towards the end of 1993, Cruzada 94, a group of legislators
0 It is the inherent responsibility of every government to respect within the ruling Partido Colorado, prepared a second draft of
and protect each citizen,s right to be. free from persecution and the proposed legislation. In the new draft the term "persons,, was
discrimination regardless of sexual orientation. Including sexual replaced by "women," thereby excluding male and transgendered
orientation in Poland,s new Constitution is a necessary step sex workers. In response, Homosexuales Unidos (HU) and ATRU
towards a society tolerant of minority populations.
drafted an annex specifically recognizing transvestites and
establishing a center for the provision of a broad range of health care and social services for sexual minorities. Although one
representative of Cruzada 94 was involved in drafting the annex,
it has received little additional support within parliament.
In February, the Commission on the Constitution, Legislation
and Codes of the lower house will consider the various options
for legalizing prostitution. HU and ATRU have requested that
letters be sent to the members of this commission, as well as to
the members of the Human Rights Commission and the Public
Health Commission, emphasizing the following points:
0 Any law regulating prostitution should apply equally to .all
persons regardless of gender.
8 Parliament should promote respect for the human rights of all
persons regardless of profession, sexual orientation, or gender
identity, and should work towards ending discrimination in all
its forms.
Write to:
Comisi6n de Constituci6n, Legislaci6n y C6digos
Palacio Legislative
Av. General Flores sin numero
Montevideo CP 11000, Uruguay
WHAT YOU
Comisi6n de Derechos Humanos
Address same as above
Comisi6n de Salud Publico
Adress same as above
Please send copies ofyour letters to:
Homosexuales Unid_os
Venezuela 1491
Montevideo, Uruguay
behind their opposition. The Government must now introduce
new proposals for reform in the next parliamentary session.
The IGLHRC is concerned that the Romanian Government has no
intention of observing the commitments made to the Council of
Europe (CoE) two years ago to decriminalize homosexual acts
between consenting adults in private. The two attempts at penal
code reform over this period have both been rejected in the
Chamber of Deputies, each time starling the process anew.
Moreover, the proposed revisions that were considered were
blatant attempts to accommodate the CoE's reservations ab·out
·"acts in private", and yet still maintain the status quo and even
. outlaw the right to organize politically, socially, or culturally in
defense of lesbian and gay emancipation.
We urge you to help pressure the Romanian government to move
quickly to meet international human rights norms as well as its
own treaty commitments. Please also mail a copy of your letters to
the CoE officials Oisted below) to remind them of the continued
failure of their 1993 recommendation of Romania in bringing
about democratic reform in the Romanian penal code.
CAN DO:
Keep IGLHRC informed of
SAMPLE LEITER TO ROMANIAN
GOVERNMENT.OFFICIALS
Dear
In its 1993 resolution recommending the
admission of Romania, the Parliamentary
Assembly of the Council of Europe (CoE)
in your area.
declared that it "expects that Romania will
shortly change its legislation in such a way that .
.. Article 200 of the Penal Code will no longer
consider as a criminal offense homosexual acts perpetrated in
private between consenting adults."
human rights violations
UPDATE
ROMANIAN PENAL CODE REFORM
REJECTED
I am writing to express my outrage that, two years later, Romania
has still failed to meet its commitments. In failing to pass adequate
reforms to the Penal Code, the Parliament of Romania has
flagrantly rejected its international human-rights commitments.
Moreover, even the proposed revision fell seriously short of the
expectations
expressed by the CoE. References to homosexual acts
The Romanian Chamber of Deputies has rejected a package •
"which
cause
public scandal" would have left the way open for
of penal code revisions that would have included
continued
prosecution,
blackmail, and police harassment of
amendments to Article 200-Romania's notorious law
in
Romania.
Additionally, new provisions against
homosexuals
criminalizing consensual homosexual acts between adults.
"organizing, associating, or any act of proselytism" would have
The amendments would have represented a potentially worse legal constituted a severe violation of the freedoms of speech, assembly,
situation for gay, lesbian and bisexual persons. Article 200, and association guaranteed to all Romanian citizens.
paragraph 1 currently punishes any adult, consensual homosexual
Romania's record of broken promises on this issue must be
act with one to five years' imprisonment. The proposed revisions
brought to an end. The persecution and torture of gays and
would have reserved the same punishment for homosexual acts
lesbians in Romania has been strongly criticized not only ·by the
"committed in public or which cause public scandal." The term
CoE but by many other international organizations. In rejecting
"public scandal" would be defined by a 1938 Romanian law
penal code reforms in its November 21, 1995 vote, the Romanian
describing it as "an act which becomes known to more than two
parliament has paved the way for further isolation and
persons who disapprove of it." An additional provision would have
condemnation of Romania by the international community.
· imposed one to five years' imprisonment for "organizing,
We urge you to press for quick passage of an alternative revision of
associating, or any act of proselytism" for homosexuality.
Article 200, which will eliminate *all* legal penalties for
The proposed revisions had been widely criticized by human
consensual homosexual acts, and which will honorably and finally
rights organizations for their vagueness and for potential threats to fulfill Romania's obligations.
freedoms of speech, assembly, and association. However, the
Sincerely,
possibility of even a partial liberalization of laws affecting
homosexuality had roused a storm of controversy in Romania. The
Orthodox Church spearheaded a year-long petition campajgn Send to:
calling for increased penalties for gay and lesbian sex.
The Honorable Petru Tanase Tavala
In the November 21, 1995 Chamber of Deputies vote, three Chairman, Committee for Human Rights
extremist parties-the Party of Romanian National Unity, the Senate of Romania
Greater Romania Party, and the Socialist Workers' Party-cast the Palatul Parlamentului
Bucharest, ROMANIA
deciding votes against the penal code package, citing the [alleged]
easing of sanctions against homosexuality as a crucial reason
The Honorable Oliviu Gherman
Chairman
Permanent Bureau of the Senate
Senate of Romania
Palatul Parlamentului
Bucharest, ROMANIA
- Copies to CoE Officials:
Mr. Daniel Tarschys, Secretary General
Mr. Gunnar Jansson, Committee on Legal Affairs and Human Rights
Mr. Friedrich Konig, Political Affairs Committee
Mrs. Halonen (Finnish Delegate to the CoE)
At:
Council of Europe
Parliamentary Assembly
B.P. 431 R6
F-67006 Strasbourg Cedex
FRANCE ·
The Honorable Adrian Nastase
Presidinte, Camera Deputatilor
Palatul Parlamentului
Bucharest, ROMANIA
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