Date: Thu, 23 May 1996 11:04:51 -0700 (PDT) From: International Gay Lesbian Human Rights Commission EMERGENCY RESPONSE NETWORK Volume V, Number 3 The International Gay and Lesbian Human Rights Commission (IGLHRC) Action Alerts May 1996 INSIDE: -New South African Constitution Protects Gays and Lesbians -Two Lesbians Forced Off Mexicana Airlines Flight -Costa Rican Victory! -Austrian Activists Call For Repeal of Anti- Gay Laws -Same Sex Partnership Bill Advances in Brazilian Parliament NEW NEW SOUTH AFRICAN CONSTITUTION PROTECTS GAYS AND LESBIANS On 8 May 1996, South Africa became the first country in the world to constitutionally prohibit discrimination based on sexual orientation. The new South African Constitution protects people from discrimination on the basis of "race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth." The Constitution was adopted by an overwhelming majority of the South African Parliament, winning the approval of the African National Congress (ANC), the Pan African Congress and the National Party. The ANC, which holds over sixty percent of the seats in parliament, has consistently taken a position against discrimination based on sexual orientation, partly as a result the years of involvement of gay and lesbian activists in the anti-apartheid struggle. Archbishop Desmond Tutu strongly urged the constitutional assembly to retain the clause in the Bill of Rights and recently stated that rejection of gays and lesbians by the church is "nearly the ultimate blasphemy." The only party to vote against the Constitution was the African Christian Democratic Party, which explicitly cited the retention of the sexual orientation clause and the right to abortion, stating that "the family is the most important building block of the society.... The constitution supports the dissolution of the family, supports criminals and those involved in unnatural lifestyles, and will inevitably lead to an increase in homelessness and street children." Prior to the vote, on Friday May 3, over 8000 Christians and Muslims marched to parliament, opposing the inclusion of sexual orientation and the right to abortion in the bill of rights. The permanent constitution replaces an interim constitution which had been in place since 1993 and which also included sexual orientation in its equality clause. The retention of the clause in the final document follows two years of intense lobbying efforts and a nationwide letter-writing campaign coordinated by the National Coalition for Lesbian and Gay Equality. Send letters of congratulations to: National Coalition for Lesbian and Gay Equality PO Box 1984 Joubert Park 2044 South Africa Fax: +27-11-229-7762 E-mail: coalgr@aztec.co.za NEW TWO LESBIANS FORCED OFF MEXICANA AIRLINES FLIGHT On 1 December 1995, two lesbians on their way home from Mexico to the United States were banished from Mexicana Airlines flight 972 in the middle of the night while the plane was stopped at the Guadalajara airport. The captain of the plane, Arturo Trujillo Vizcarra, charged Livit Callentine and Holly Babe Faust with "immoral behavior" because they were holding hands. He then ordered six security guards to physically oust them from the flight. The two women were driven around the airport in a van for two hours under guard. They were not provided with overnight accommodations, and had to fight to obtain their luggage and tickets for another flight. The women filed a complaint against the airline in February along with a demand that Mexicana provide sensitivity training for all employees, issue a public apology to the women and to the lesbian and gay community in general, and pay the women $200,000 in damages. They are calling for a worldwide boycott of Mexicana Airlines until their demands are met. IGLHRC, along with the Mexico City lesbian group El Closet de Sor Juana, is calling for letters protesting Mexicana's appalling treatment of Livit Callentine and Holly Babe Faust. If you have a travel agent, ask her or him to question Mexicana about this incident. Letters should request that Mexicana respond to the complaint in a responsible and timely fashion, discipline Captain Trujillo Vizcarra for his behavior, issue a public statement apologizing for the incident, and undertake immediate steps such as sensitivity training and an anti- discrimination policy to improve their treatment of gay, lesbian, bisexual and transgender patrons. The case has recently been turned over to the Mexicana insurance underwriters for review. It will then return to Mexicana Customer Service for continued evaluation. Please send letters immediately (by fax if possible) to both Elizabeth Krupski, the insurance underwriter, and Maria Ruiz, the Mexicana customer service representative: Ms. Elizabeth Krupski U.S. Aviation Company 1 Seaport Plaza 199 Water Street NY, NY 10038 Fax: (212) 349-8226 Ms. Maria Ruiz Customer Service Department Mexicana Airlines 9841 Airport Blvd., Ste. 200 Los Angeles, CA 90045 Fax: (310) 646-0433 Copies of all letters should be sent to IGLHRC and to: Lic. Jorge Madrazo Comision Nacional de Derechos Humanos Av. Periferico Sur No. 3469 San Jeronimo Lidice C.P. 10200 MEXICO UPDATE COSTA RICAN VICTORY! June 1995 and November 1995 Action Costa Rica's Defensor de los Habitantes has issued a recommendation that the Costa Rican government begin granting legal recognition to gay and lesbian organizations. The Defensor, who is appointed by Congress, receives complaints from citizens, determines whether the government agency in question has violated the law, and then issues recommendations to the government outlining the steps that must be taken. The government is required to report back to the Defensor on what actions have been taken to remedy the situation, and although the recommendations are not legally binding, they are highly influential. The March 10th recommendation is the result of a complaint filed by the San Jose gay group Triangulo Rosa. Triangulo Rosa first applied to the Registro Civil for legal status as a non-governmental organization in April 1995 under the name Abraxas. The registry rejected the application on the basis of Abraxas's goal of struggling "against the social discrimination leveled against people with homosexual orientations." The registry eventually bowed to international pressure and granted a charter to the group under the new name Triangulo Rosa. The Defensor's recommendation states that the original decision by the Registro Civil to deny legal recognition to the group was in violation of the Costa Rican Constitution, which guarantees the right of association to all citizens. This finding has important implications not only for the registration of gay and lesbian organizations but for the struggle against discrimination based on sexual orientation in many areas of Costa Rican life. NEW AUSTRIAN ACTIVISTS CALL FOR REPEAL OF ANTI-GAY LAWS Austrian activists are calling for an international campaign to bring about the repeal of three anti-gay laws. Article 209 sets the minimum age for consensual sex between gay men at 18, four years above the age of 14 set for lesbians and heterosexuals, and allows for prison sentence of six months to five years. Article 220 prohibits the production or distribution of any materials which present homosexuality in a positive way and carries a sentence of up to six months. Article 221 prohibits the existence of any group whose aims include the promotion of homosexuality and imposes prison sentences of up to six months. Although gay and lesbian groups are active in Austria, there are several documented cases of Art. 220 being used to censor publications, and the unequal age of consent law has been enforced numerous times against gay men. On 15 January 1996, the first day of the new Austrian parliamentary session, the Social Democrats, the Greens, and the Liberals, which together hold 93 of the 183 seats, introduced new bills to repeal Articles 209, 220 and 221. The proposals to repeal the laws received strong opposition from the religious People's Party and the far right Freedom Party. When Parliament postponed discussion of the bill until November 1996, the Austrian Lesbian and Gay Forum responded by setting a 100 day deadline for considering the proposal. This deadline passed on 24 April, and the Austrian Lesbian and Gay Forum is now calling for letters to pressure the Austrian government into considering the proposal as soon as possible. The Forum is also encouraging people to organize local protests (for example, outside the Austrian Embassy or the offices of Austrian Airlines) and boycotts of Austrian goods. Letters should call for the repeal of Articles 209, 220 and 221, stressing the following points: 1. Laws such as Articles 209, 220 and 221 are a disgrace to a democratic society. With such discriminatory laws in force, Austria is in violation of the principles of non-discrimination and equal protection that are the foundation of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the European Convention on Human Rights, all of which Austria has signed. 2. Articles 209, 220 and 221 contradict the Recommendation of the Council of Europe's Parliamentary Assembly (#924/1981), which "urge[s] member states to apply the same age of consent for homosexual and heterosexual acts" and the Resolution of the European Parliament (A3-0028/94), which "calls for the same age of consent to apply to homosexual and heterosexual activities alike" and "calls on the Member States to abolish all legal provisions which criminalize and discriminate against sexual activities by persons of the same sex." Send letters to: Dr. Heinz Fischer President of the Austrian Parliament Parliament A-1017 Vienna Austria Dr. Franz Vranitzky Federal Chancellor Ballhausplatz 2 A-1014 Vienna Austria Dr. Wolfgang Schussel Vice-Chancellor Ballhausplatz 2 A-1014 Vienna Austria Please send copies to IGLHRC along with information on any local protests or boycotts which take place. UPDATE SAME SEX PARTNERSHIP BILL ADVANCES IN BRAZILIAN PARLIAMENT March 1996 Action A bill presented on 26 October 1995 by Brazilian Federal Deputy Marta Suplicy (Workers Party), which proposes the legalization of the Contract of Civil Union between same-sex couples, has been placed in a special parliamentary commission. This development follows a period of extensive media coverage of the case of David Harrad, the British partner of Brazilian gay activist Toni Reis. Harrad was recently forced to leave the country after the expiration of his visa. He and Reis have lived together for the past six years, four of which have been in Brazil. Harrad succeeded in securing a tourist visa to return to Brazil, and has now announced that he will soon marry Reis's mother in order to stay in the country. The bill being considered by Parliament 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. Legislation protecting lesbians and gays from discrimination on the basis of sexual orientation is already in place in large cities such as S o Paulo, Rio de Janeiro and Salvador, and the issue of same-sex partnerships has already received the support of several trade union leaders. However, there is a powerful "evangelical block" 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. The report produced by the special commission will likely be very influential among members of Parliament, and Grupo Dignidade is requesting that letters be sent to the author of the report, Roberto Jefferson, emphasizing the following points: 1. Legalization of the Contract for Civil Union fulfills the government's obligations under Brazilian Constitution which guarantees that all Brazilian citizens are "equal under the law without discrimination of any nature." 2. Laws protecting the rights of sexual minorities contribute to the advancement of the democratic state. Legislation recognizing same-sex partnerships is already in place in several countries. 3. This is a crucial bill to help ensure full civil rights for excluded social minorities. Send letters to: Deputado Federal Roberto Jefferson Gabinete 208 Camara dos Deputados 70160-900 Brasilia - DF BRAZIL Fax: +55-61-318 2208 Sr. Fernando Henrique Cardoso Exmo. Presidente da Republica Palacio do Planalto Praca dos Tres Poderes 70150-900 Brasilia - DF BRAZIL Fax: +55-61-226 7566 ********************************************** 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. 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