Date: Wed, 10 Jan 1996 17:33:26 -0800 (PST) From: International Gay Lesbian Human Rights Commission ***Emergency Response Network ***Volume V, Number 1 ***International Gay and Lesbian Human Rights Commission (IGLHRC) ***Action Alert ***January 1996 ************************************************** IN THIS ISSUE: THAI AIDS ORGANIZATION BOMBED, FORCED TO RELOCATE ANTI-GAY RHETORIC ESCALATES IN ZIMBABWE POLAND'S DRAFT CONSTITUTION INCLUDES SEXUAL ORIENTATION URUGUAY CONSIDERS LEGALIZATION OF PROSTITUTION ROMANIAN PENAL CODE REFORM REJECTED ************************************************** NEW THAI AIDS ORGANIZATION BOMBED, FORCED TO RELOCATE 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 centerUs 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 governmentUs national AIDS prevention plan for 1995-96 emphasizes support for work carried out by community-based organizations and NGOs to establish services within communities affected by HIV, the Provincial AIDS Committee, headed by provincial governor Sucharit Patchimnandha and comprised of police and public health officials, concluded after the bombing that the Center should be relocated. Rather than investigating the attacks, police warned that further violence would occur if the center refused to move. The Thai NGO Coalition on AIDS, which includes forty-eight member organizations, released a statement on June 7 calling on the police to follow up on their investigation of the bombing and urging the Provincial AIDS Committee to promote better understanding between villagers and the center. No action was taken, and on August 25 an unidentified gunman fired several shots from an assault rifle into the facility. Having failed to obtain from the police any assurances of protection against future harassment, the center has accepted a fifteen-year lease in another location which has been offered to them by provincial authorities. The Relief Center has requested that respectfully worded letters be sent expressing concern that the center was forced to move, and urging that it be given the full support of local authorities in carrying out its work in its new location. Letters should emphasize the following points: -- The United Nations Commission on Human Rights has urged Member States to include in their AIDS programs measures to combat social stigmatization, discrimination and violence directed against persons with HIV/AIDS, and to take necessary steps to develop the supportive social environment required for successful care, treatment and prevention programs. -- Non-governmental organizations providing services for people living with HIV must be provided full protection of the law. Nonthaburi police should take all possible action to investigate the attacks on the Relief Center, and should ensure the center of prompt attention to any further harassment. -- Relocating HIV/AIDS service organizations outside of hostile communities is not a long-term solution and goes against the 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, Permanent Secretary Ministry of Public Health Tiwanon Rd. Amphoe Muang Nonthaburi 11000, Thailand Khun Sucharit Patchimnandha Nonthaburi Governor Nonthaburi Government Hall Rattanatibet Rd., Amphur Muang Nonthaburi 11000, Thailand Khun Pramuan Rujchaseri Deputy Permanent Undersecretary Ministry of the Interior Asadang Rd., Amphur Phranakorn Bangkok 10200, Thailand ************************************************** UPDATE ANTI-GAY RHETORIC ESCALATES IN ZIMBABWE Official harassment against lesbians and gay men in Zimbabwe has widened to include virulent attacks on the floor of Parliament. A series of debates in the last few months on Rthe evil and iniquitous practice of homosexualism and lesbianismS have provided a forum for anti-gay speeches by a number of legislators from the ruling ZANU PF party. These speeches follow recent anti- gay statements by Zimbabwe President Robert Mugabe and threats on the part of government officials to arrest gays and lesbians. In the face of protests from foreign governments, human rights organizations, and individuals around the world, members of Parliament have taken to the floor to voice their support for Mugabe and for the governmentUs stated policy of denying gays and lesbians their basic human rights. On 28 September, 1995, MP Mutyambiz declared, RI would like to call for all traditional forces in this country to rally behind the State President in the eradication of homosexualism. I feel that all those who know homos in this country should make them be brought before the courts of law and be tried for their evil activity.S In another such debate in November, MP Chief Makoni suggested that caning and flogging should be introduced as punishment for both male and female homosexuality. Under the Zimbabwe penal code, male homosexual acts are illegal and punishable by a fine. Gays and Lesbians of Zimbabwe (GALZ) is requesting that foreign governments continue expressing their grave concern regarding this situation. Send letters to your foreign ministry requesting that they contact the Zimbabwean authorities. Letters should stress the following: -- Remarks such as those made by President Mugabe and various members of Parliament not only legitimate but encourage precisely the sorts of rights violations to which sexual minorities are subject around the world. -- The international community has a responsibility to speak out against statements of intent to persecute a minority group. Continued pressure is needed to ensure that state harassment of gays and lesbians ceases, and that the government of Zimbabwe does not further implement its discriminatory policies. Please send copies of the letters to: H.E. Robert Mugabe Private Bag 7700 Causeway Harare, Zimbabwe The Zimbabwean Parliament P.O. Box CY 298 Causeway Harare, Zimbabwe ************************************************** NEW POLAND'S DRAFT CONSTITUTION INCLUDES SEXUAL ORIENTATION The Parliament of Poland will soon be considering a new permanent constitution drafted by its Constitutional Committee. On April 11, 1995, the Constitutional Committee proposed the human rights clause of the draft, outlining groups who should not be discriminated against. The proposed clause (Paragraph 2 - Article 2) reads RNo one can be discriminated against because of their sex, race, national or ethnic background, health, physical or mental disability, social background, place of birth, sexual orientation, language spoken, religious faith or lack thereof, opinions, material status or for any other reasonS. The inclusion of sexual orientation in this non discrimination clause caused immediate division among many of the deputies. At the time, former President Lech WalesaUs representative walked out of the committee meeting, commenting Rdoes this mean that intercourse with animals or a corpse will also be protected?S The Catholic Church has also strongly opposed the clause, citing it as an Rexample leading toward extremes which cannot be accepted by any normal society.S Lambda, a national gay and lesbian rights organization in Poland, has been lobbying the government for over two years to back a non-discrimination clause for gay men, lesbians and bisexuals. A report issued by Lambda last year detailing cases of discrimination against gays and lesbians was instrumental in convincing commission members of the need for such a provision. In the wake of recent general elections in which the former head of the Constitutional Commission, the now President-elect Aleksander Kwasnieski, defeated Walesa, Lambda predicts the next few months to be a critical period of decision making in the Polish Parliament. Please support their efforts by sending letters to the following officials expressing your support for the proposed human rights clause. Letters should include the following points: -- It is the inherent responsibility of every government to respect and protect each citizenUs right to be free from persecution and discrimination regardless of sexual orientation. Including sexual orientation in PolandUs new Constitution is a necessary step towards a society tolerant of minority populations. -- This is a unique opportunity for Poland to fashion a long lasting Constitution that replaces the existing Stalin-era 1952 constitution with a document protecting individual freedoms and liberties, but that also will benefit future relations with European institutions including the Council of Europe (CoE) and the European Parliament of the EC. The Parliamentary Assembly of the CoE (Recommendation 924/81 and Motion for Recommendation 6348/90) as well as the European Parliament (Resolution on Sexual Discrimination at the workplace) have both urged their member states to entirely equate homosexuals with heterosexuals in all fields of legislation. Write to: Marszalek Sejmu R.P. (Speaker of the Sejm) ul. Wiejska 4/6/8 00-902 Warszawa, Poland Marszalek Senatu R.P. (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 ************************************************** NEW URUGUAY CONSIDERS LEGALIZATION OF PROSTITUTION In February 1996, the Commission on the Constitution, Legislation and Codes of the lower house of the Uruguayan Parliament will be considering a measure to legalize prostitution. Currently, prostitution is neither prohibited nor permitted under Uruguayan law. Local activists report that police detain prostitutes for up to twenty-four hours and often demand bribes or sexual favors. Sex workers are subject to a wide range of abuses, including physical violence and murder, but such crimes are rarely investigated by the police, and many go unreported. The first version of the proposed legislation was drafted in 1993 after two years of discussion among representatives of the Asociacio'n de Meretrices Profesionales de Uruguay (AMEPU), the Asociacio'n de Travestis del Uruguay (ATRU), the Department of Legal Medicine of the Faculty of Medicine in Montevideo, the Ministry of Public Health, the Montevideo Police Department and the human rights group Servicio de Paz y Justicia (SERPAJ). This proposed legislation would provide protection under the law to Rall persons, of whatever sex, age eighteen and overS practicing prostitution. Prostitutes would be obligated to obtain an identification card from a registry which would be established within the National Police. They would also be required to have periodic medical examinations and to work only within designated commercial establishments and zones. All those complying with these regulations would be recognized as workers by the state. In December 1995, lobbying by AMEPU resulted in a decision by the Social Security Bank that prostitutes working legally (provided such a law is promulgated) will be eligible for all programs offered by the Bank, including pension plans. Towards the end of 1993, Cruzada 94, a group of legislators within the ruling Partido Colorado, prepared a second draft of the proposed legislation. In the new draft the term RpersonsS was replaced by Rwomen,S thereby excluding male and transgendered sex workers. In response, Homosexuales Unidos (HU) and ATRU 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: -- Any law regulating prostitution should apply equally to all persons regardless of gender. -- 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: Comisio'n de Constitucio'n, Legislacio'n y Co'digos Palacio Legislativo Av. General Flores sin numero Montevideo CP 11000, Uruguay Comisio'n de Derechos Humanos Address same as above Comisio'n de Salud Pblica Adress same as above Please send copies of your letters to: Homosexuales Unidos Venezuela 1491 Montevideo, Uruguay ************************************************** Update ROMANIAN PENAL CODE REFORM REJECTED The Romanian Chamber of Deputies has rejected a package of penal code revisions that would have included amendments to Article 200QRomaniaUs notorious law criminalizing consensual homosexual acts between adults. The amendments would have represented a potentially worse legal situation for gay, lesbian and bisexual persons. Article 200, paragraph 1 currently punishes any adult, consensual homosexual act with one to five yearsU imprisonment. The proposed revisions would have reserved the same punishment for homosexual acts Rcommitted in public or which cause public scandal.S The term Rpublic scandalS would be defined by a 1938 Romanian law describing it as Ran act which becomes known to more than two persons who disapprove of it.S An additional provision would have imposed one to five yearsU imprisonment for Rorganizing, associating, or any act of proselytismS for homosexuality. The proposed revisions had been widely criticized by human rights organizations for their vagueness and for potential threats to freedoms of speech, assembly, and association. However, the 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 campaign calling for increased penalties for gay and lesbian sex. In the November 21, 1995 Chamber of Deputies vote, three extremist partiesQ the Party of Romanian National Unity, the Greater Romania Party, and the Socialist WorkersU PartyQcast the deciding votes against the penal code package, citing the [alleged] easing of sanctions against homosexuality as a crucial reason 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 starting the process anew. Moreover, the proposed revisions that were considered were blatant attempts to accommodate the CoEUs reservations about Racts in privateS, 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 (listed below) to remind them of the continued failure of their 1993 recommendation of Romania in bringing about democratic reform in the Romanian penal code. SAMPLE LETTER TO ROMANIAN GOVERNMENT OFFICIALS Dear In its 1993 resolution recommending the admission of Romania, the Parliamentary Assembly of the Council of Europe (CoE) declared that it Rexpects 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.S 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 Rwhich cause public scandalS would have left the way open for continued prosecution, blackmail, and police harassment of homosexuals in Romania. Additionally, new provisions against Rorganizing, associating, or any act of proselytismS would have constituted a severe violation of the freedoms of speech, assembly, and association guaranteed to all Romanian citizens. RomaniaUs record of broken promises on this issue must be brought to an end. The persecution and torture of gays and lesbians in Romania has been strongly criticized not only by the CoE but by many other international organizations. In rejecting penal code reforms in its November 21, 1995 vote, the Romanian parliament has paved the way for further isolation and condemnation of Romania by the international community. We urge you to press for quick passage of an alternative revision of Article 200, which will eliminate *all* legal penalties for consensual homosexual acts, and which will honorably and finally fulfill RomaniaUs obligations. Sincerely, Send to: The Honorable Petru Tanase Tavala Chairman, Committee for Human Rights Senate of Romania Palatul Parlamentului Bucharest, ROMANIA The Honorable Oliviu Gherman Chairman Permanent Bureau of the Senate Senate of Romania Palatul Parlamentului Bucharest, ROMANIA The Honorable Adrian Nastase Presidinte, Camera Deputatilor 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 International Gay and Lesbian Human Rights Commission (IGLHRC) , founded in 1991, is a San Francisco-based non-governmental human rights organization. IGLHRC's primary work is to monitor, document and mobilize responses to human right abuses against lesbians, gay men, bisexuals, transgendered people, people with HIV and AIDS, and those oppressed due to their sexual identities or sexual conduct with consenting adults. IGLHRC 1360 Mission Street, Suite 200 San Francisco, CA 94103 USA Telephone: +1-415-255-8680 Fax: +1-415-255-8662 E-Mail: iglhrc@igc.apc.org Please help us save trees and reduce our costs. The electronic version of the Emergency Response Network is faster and cheaper. If you want to receive the Emergency Response Network *via e-mail only*, send us an e-mail message. Participation in the Emergency Response Network is free, but contributions are greatly appreciated and needed. Contributions are tax-deductible in the United States. Contributions can be made on your visa or mastercard (just include the amount, your account number, and expiration date). 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