Date: Fri, 08 Mar 1996 14:19:21 -0800 (PST) From: International Gay Lesbian Human Rights Commission Subject: IGLHRC ERN - MAR 96 EMERGENCY RESPONSE NETWORK Volume V, Number 2 The International Gay and Lesbian Human Rights Commission (IGLHRC) Action Alerts March 1996 INSIDE: --Hong Kong considers anti-discrimination bill --Hundreds detained in raids on gay discos in Peru --Mugabe & The Church Continue Attack On Gays & Lesbians --Harassment of Transvestites Escalates in Argentina --Brazilian Federal Deputy Proposes Legal Recognition of Same Sex Couples *************************************** NEW Hong Kong considers anti-discrimination bill The Legislative Council of Hong Kong is currently considering the possibility of legislation to prohibit discrimination based on sexual orientation. In late 1993, Legislative Councilor Anna Wu introduced an initial draft of a comprehensive Equal Opportunities Bill that would have outlawed discrimination on a variety of grounds, including RsexualityS. The bill was subsequently broken down into several parts. In June 1995, the Sex Discrimination Ordinance and the Disability Discrimination Ordinance were enacted, and the following month, the government undertook to conduct studies on discrimination based on age, sexual orientation, and family status. As part of the consultation process, the Legislative Council has produced a detailed Consultative Paper entitled Equal Opportunities: A Study on Discrimination on the Ground of Sexual Orientation. The report concludes that stigmatization of homosexuality is widespread in Hong Kong, and discusses discrimination in employment, accommodation, and services. However, although it is sympathetic to the concerns raised by gay and lesbian organizations, the report concludes that in enacting anti-discrimination legislation, Rthe rights of one group have to be balanced against the rights of other groups. Any anti-discrimination legislation on the ground of sexual orientation would need to strike an acceptable balance between the rights of all individuals and groups in society.S The legislative Council has requested public comment on the Consultative Paper by March 31, 1996. Hong Kong activists fear that the Legislative Council will conclude that education Q and not legislation Q is the solution to anti-gay discrimination. They have requested that comments be submitted to the Council. The following points should be emphasized: 1. The Legislative Council is to be applauded for undertaking the study of discrimination based on sexual orientation and for soliciting public input regarding the need for legislation. 2. The Consultative Paper clearly shows that both legislation and education are needed to improve the lives of lesbian, gay, bisexual and transgendered people in Hong Kong. Hong Kong is a forward-looking city that took the decisive step of decriminalizing sodomy in 1991. The Legislative Council should now take action to join the ranks of the numerous city, state and national governments in Europe, North America, Latin America and the Asia/Pacific region that have enacted anti-discrimination legislation. (If you are writing from such a place, please provide whatever details you can regarding the relevant legislation or policy.) 3. Anti-discrimination legislation will benefit all citizens of Hong Kong. A signal from the Legislative Council that no form of discrimination is acceptable will help to create an atmosphere of tolerance and respect and will have positive effects in many different spheres of life. Write to: Hong Kong Government Home Affairs Branch 31st Floor, Southorn Centre 130 Hennessy Road Wanchai HONG KONG Fax: 852-2591-6002 The entire text of the Consultation Paper, along with several other documents relating to the Equal Opportunities Bill, is available on the internet at http: //www.enmpc.org.hk/legco. This website contains a way to submit your comments directly to the Legislative Council. Please send copies of all electronic correspondence to iglhrc@igc.apc.org. If you do not have access to the web but would like to send your correspondence electronically, please e-mail it to iglhrc@igc.apc.org and we will forward it. NEW Hundreds detained in raids on gay discos in Peru Over 600 individuals were detained in a series of raids on gay nightclubs in Lima in late January and early February. According to accounts by individuals detained in the raids, members of the National Peruvian Police and the municipal police of Lima entered the popular gay nightclubs Sagitario, 1031, Kan Yu, Papilln, Agata, Aruba, Stefany, Sabor, and Rambler on the night of 26 January. Although the officers claimed to be seeking only those who were underage or lacked proper identification, they detained everyone present Q a total of over 300 people Q and did not inform anyone of the reason for their detention. According to several eye-witnesses, those who approached the police to ask why they were being detained were beaten back with clubs. All of those detained were taken to the Sixth Precinct (known for its alleged mistreatment of detainees), where they were allegedly shoved, insulted, and subjected to demands for bribes. The majority of those detained were held until the following morning. On 2 February, police raided several of the discos again, as well as the nightclub Imperio, and detainees report having been made to stand outside in the rain for four hours at the Sixth Precinct. On February 10, officers once again carried out a raid on Imperio. These sweeps resulted in the detention of several hundred more individuals. Raids on lesbian and gay bars have occurred periodically in Lima, but the scope and severity of these raids is unprecedented. The raids are part of Operation Thunder, a campaign aimed at cracking down on prostitution. They send a troubling signal that police are stepping up official harassment of gays and lesbians, sex workers, transvestites, and other sexual minorities. Movimiento Homosexual de Lima (MHOL) has denounced these attacks and in particular the involvement of Elmer Alva Leon, Prosecutor for Crime Prevention, and Deputy Mayor of Lima Abrahan Pacheco Cajaleon. MHOL is requesting that letters expressing grave concern about the raids be sent emphasizing the following points: 1. Operation Thunder violates PeruUs obligations regarding freedom of association and freedom from arbitrary detention under the International Covenant on Civil and Political Rights and the American Convention on Human Rights, as well as the guarantee in the Peruvian Constitution (art. 2) that R... no one shall be discriminated against on the basis of origin, race, sex, economic condition or other status.S 2. The police should immediately cease to carry out such raids and the Mayor of Lima and the Ministry of the Interior should take steps to fully investigate those who authorized and participated in them. Send letters to: Teniente General Antonio Ketin Vidal Director General Polica Nacionaldel Peru Ministerio del Interior Pza 30 De Agosto-San Isidro Lima PERU Sr. Alberto Andrade Carmona Alcalde de Lima Metropolitana Jr. de la Union-Plaza de Armas Lima #1, Cercado de Lima PERU UPDATE Mugabe & The Church Continue Attack On Gays & Lesbians August 1995 /January 1996 Action Addressing an Interdenominational conference in Harare on 28 February 1996, President Mugabe deplored homosexuality and lesbianism, which he said threatened to pervade the nation. The church, which has exerted a particularly strong influence on the presidential elections scheduled for mid-March, continues to support Mugabe in his public condemnation of homosexuality and lesbianism. The Zimbabwean President described AIDS as a Rmessage from God that it is now time we looked at our morality.S While President MugabeUs anti-gay rhetoric has not ceased, no action has been taken against the Gays & Lesbians of Zimbabwe (GALZ), and there have been no reported cases of individual harassment. This is largely due to the tremendous international outcry and letter writing campaign. Five months after GALZ was expelled from the Zimbabwe International Book Fair, both the Book Fair and the President continue to be inundated with protest messages, and President Mugabe has reportedly been met with protests on his international trips. GALZ also reports that as a result of MugabeUs outbursts, the issue of homosexuality has been made public in Zimbabwe, and GALZ membership has also doubled since August. GALZ requests that you send letters to the following religious bodies protesting their endorsement of President Mugabe, and to the President, protesting his continued state harassment of homosexuals. Letters should note the following points: 1. Archbishop Desmond Tutu of South Africa has in the past month publicly supported the rights of lesbians and gay men, calling them children of God, and comparing anti-homosexual discrimination to the Apartheid systemUs treatment of South AfricaUs black citizens. 2.AIDS does not reflect some divine punishment for immorality, but rather reveals the urgency with which the government and church need to disseminate factual information about HIV transmission, which in African countries occurs primarily through heterosexual sexual contact. 3. An adequate public health response to the AIDS epidemic in Zimbabwe includes state guarantees for the safety of people with AIDS and HIV positive people, and not their social stigmatization. Please send respectfully worded letters to: Zimbabwe Assemblies of God Africa 13 a Powell Road P.O. Box W68 Waterfalls Harare, Zimbabwe Fax: 011/263/4/737-386 Zimbabwe Council of Churches P.O. Box 3566 Harare, Zimbabwe Fax: 011/263/4/573-073 Tel: 011/263/4/707-091(7) H.E Robert Mugabe Private Bag 7700 Causeway Harare, Zimbabwe UPDATE Harassment of Transvestites Escalates in Argentina August 1995 Action The campaign to abolish the Police Edicts in Argentina has gained new urgency in the face of increased harassment of transvestites and transsexuals. Although homosexual acts are not criminalized under Argenitinian law, the police are able to harass sexual minorities through the use of the Edictos Policiales (Police Edicts) and the Law of Investigation of Antecedents. The Law of Investigation of Antecedents allows police to detain individuals for up to 10 hours in order to check their criminal records. It is often used to round up sex workers and patrons of gay and lesbian bars, and the ten hour limit on detention is frequently not respected. The Edict against Public Scandal punishes those Rwho disturb with flirtatious remarks,S and prohibits Rpublic exhibition of persons wearing or disguised with clothes of the opposite gender. The Edict against Public Dancing punishes any proprietor who Rpermits men dancing together.S Those arrested under these edicts can be held for ! up! to 21 days and fined. Since they are police regulations and not laws their application is left completely to the discretion of the police. The summer of 1995 saw police raids on every well known public gathering spot for gays, lesbians, and transvestites and police harassment has increased steadily since that time. Between 1 January and 30 November 1995, the Buenos Aires group Gays por los Derechos Civiles registered 331 complaints of arrest under the Edicts, a sharp increase over the 342 complaints recorded between September 1992 and September 1994. These figures are believed to grossly underrepresent the actual number of people arrested. A lawyer representing the Asociacin de Travestis Argentinas (ATA) estimates that over 50 transvestites and transsexuals are arrested every night in Buenos Aires, and has reported that 160 people were arrested under charges of cross-dressing and prostitution in a single sweep on 16 February 1996. A broad coalition of groups, including Frente de Lesbianas, Gays por los Derechos Civiles, FUBA (Students Federation of Buenos Aires University) and Asociacion de Meretrices de Argentina (AMAR), have joined together in a call for the complete abolition of the Police Edicts. On February 8, 1996, ATA brought a formal complaint against the police, charging that the use of the Police Edicts against transvestites is discriminatory. Several activists involved with ATA and Travestis Unidas have received threats from police regarding their involvement in the campaign against the Edicts, and at least two activists have been arrested following their participation in demonstrations denouncing the police. Respectfully worded letters are needed demanding the following: 1. Abolition of the Police Edicts, in particular the Edict Against Public Scandal. 2. A prompt and comprehensive investigation into reports that the Police Edicts are used to target lesbians, gay men, transvestites and sex workers for harassment. 3. 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 must by definition include the rights of lesbians, gay men, bisexuals, and transgendered people to live without fear of persecution. Write to: Sr. Presidente de la Comision de Derechos Humanos Camara de Diputados Congreso de la Nacion Riobamba 25/41 Buenos Aires ARGENTINA Fax: +54-1-372 5727 Sr. Carlos Corach Ministro del Interior 25 de Mayo 101 Buenos Aires ARGENTINA Fax: +54-1-331-1485 Sra. Alicia Pierini Subsecretaria de Derechos Humanos del Ministerio del Interior Moreno 711, 2do. Piso CP 1091 Buenos Aires ARGENTINA NEW Brazilian Federal Deputy Proposes Legal Recognition of Same Sex Couples On 26 October 1995, Brazilian Federal Deputy Marta Suplicy of the Workers Party presented a bill proposing the legalization of the Contract of Civil Union between same-sex couples. The bill is currently under examination by the Social Security & Family Commission of Parliament. The bill covers the registration of same-sex partnerships, including rights of inheritance, social security benefits and pensions, rights of dependents of civil servants and naturalization of foreigners living with Brazilian citizens The possibility of the legal recognition of same-sex couples gained some positive media attention during the June 1995 World Conference of the International Lesbian & Gay Association in Rio de Janeiro. Marta Suplicy was one of the two honorary presidents of the conference, which provided her with a platform from which to launch the bill. There has been widespread mobilization around legislation recognizing same-sex partnerships, and the Brazilian Association of Gays, Lesbians & Transvestites, a coalition group, identified this issue as one of their priorities during the 8th Brazilian Conference of Gays & Lesbians in January 1995. Legislation protecting lesbians and gays from discrimination on the basis of sexual orientation is already in place in large cities such as Sao Paulo, Rio de Janeiro and Salvador. The issue of same-sex partnerships has already received the support of several trade unions. The Brazilian Congress, however, is strongly influenced by evangelical and Catholic right wing forces, and many parliamentarians interviewed by the national press have declared that they oppose Rhomosexual marriage.S There is an Revangelical blockS of 28 Deputies and 5 Senators that is strongly opposed to any initiatives for gay and lesbian rights, including the Contract of Civil Union bill. Following review by the Social Security & Family Commission, the bill will also be considered by the Employment, Administration & Civil Service, and Constitution, Justice & Composition Commissions. If it passes successfully through the respective commissions, depending on their amendments and reports, the bill will then finally be voted on in the House of Deputies. Grupo Dignidade, a lesbian and gay group in Curitiba, has requested letters in support of this initiative. Letters should respectfully note the following points: 1. Legalization of the Contract for Civil Union fulfills the Brazilian Constitution which guarantees that all Brazilian citizens are Requal under the law without discrimination of any nature.S 2. The Brazilian governmentUs inclusion of laws protecting the rights of sexual minorities contributes to the advancement of the democratic state. 3. This is a crucial bill to help ensure full citizenship rights for excluded social minorities. Send letters to: Deputado Luiz Eduardo Magalhaes Presidente da Camara Anexo IV Gabinete 906 Camara dos Deputados 70160-970 Brasilia-DF, BRAZIL Fax: 011-55-61-318-2906 Deputado Jofran Frejat Anexo IV Gabinete 321 Camara dos Deputados 70160-970 Brasilia-DF BRAZIL Fax: 011-55-61-318-2321 Sr. Fernando Henrique Cardoso Exmo. Presidente da Republica Palacio do Planalto Praca dos Tres Poderes 70150-900 Brasilia-DF BRAZIL Fax: 011-55-61-226-7566 Please send copies of your letters to: Deputada Marta Suplicy Anexo IV Gabinete 360 Camara dos Deputados 70160-970 Brasilia-DF BRAZIL ********************************************** 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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