Archive for the 'Civil Liberties' Category

OAS LGBTI Core Group Welcomes Supreme Court Decision on Consensual Private Sexual Acts Between Adults in Belize

The Governments of Argentina, Brazil, Canada, Chile, Colombia, Mexico, the United States, and Uruguay, the members of the OAS LGBTI Core Group, welcome the recent decision of Belize’s Supreme Court that found parts of the criminal code criminalizing consensual same-sex activities unconstitutional. We believe that laws that discriminate validate other forms of discrimination and violence.

We recognize that the Supreme Court of Belize has taken a historic and positive step towards full inclusion, and encourage the government of Belize and others in the region to continue common efforts to promote and protect the human rights of all people.  We will continue our collaboration at the OAS on issues impacting LGBTI persons so as to enhance dialogue, cooperation, and the sharing of best practices.  Combatting discrimination is a challenge every nation faces and a challenge we can all work together to overcome.

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Washington, DC, 26 de septiembre de 2016

Declaración conjunta 

El Core Group LGTBI de la OEA saluda el fallo de la Corte Suprema de Belice sobre las relaciones sexuales consensuadas entre adultos

Los Gobiernos de Argentina, Brasil, Canadá, Chile, Colombia, Estados Unidos, México y Uruguay, miembros del Core Group LGTBI de la Organización de los Estados Americanos, reciben con satisfacción la decisión de la Corte Suprema de Belice, que declara la inconstitucionalidad de una parte de su código penal, el cual prohíbe y penaliza las relaciones sexuales consensuadas entre personas del mismo sexo. Creemos que las leyes discriminatorias sólo validan otras formas de discriminación y violencia.

Reconocemos este paso histórico, dado por el Tribunal Supremo hacia la inclusión total y alentamos al Gobierno de Belice, y a otros en la región, a que continúen sumando esfuerzos para promover y proteger los derechos humanos de todas las personas.  Seguiremos colaborando en la OEA, respecto de las materias que afectan a las personas LGTBI con el fin de ampliar el diálogo, la cooperación y el intercambio de buenas prácticas.  Combatir la discriminación es un desafío que cada país enfrenta y es un desafío sobre el que podemos aunar esfuerzos para conseguirlo.

House LGBT Caucus Remembers Slain Turkish Transgender Activist Hande Kader

Press Statement – Congressional LGBT Equality Caucus
Washington, D.C. – The Congressional LGBT Equality Caucus mourned the senseless murder of 22-year-old Turkish transgender activist Hande Kader and called on the Turkish government to take steps to protect the LGBT community from hate crimes.
“Last year I met gay and trans activists while on a fact-finding mission in Turkey and was inspired by their courage, so my heart breaks for Hande Kader’s friends and loved ones in the aftermath of this unspeakable tragedy,” said LGBT Equality Caucus Co-Chair Rep. Sean Patrick Maloney (NY-18).  “The Turkish government must take strong action to ensure that LGBT Turks are protected, safe, and able to live their lives openly and freely. Violence against transgender people is a global crisis, and lawmakers and government officials all across the world, including in the United States, need to confront this epidemic before more lives are lost.”
Hande Kader’s murder reflects the deteriorating environment for Turkey’s LGBT community.  Turkey has some of the highest numbers of transgender murder within Europe according to the human rights group Transgender Europe.  This past June, authorities banned Istanbul Pride celebrations and used tear gas against activists who attempted to celebrate.  Rep. Maloney has previously led on letters to the Turkish Ambassador to the United States protesting crackdowns on the 2015 and 2016 Istanbul Pride Parades.
“The horrific and senseless murder of activist Hande Kader is a sobering reminder about the daily violence faced by transgender people across the world,” said Transgender Equality Task Force Chair Rep. Mike Honda (D-Silicon Valley).  “No one should be intimidated, discriminated against, brutalized or murdered for openly expressing their gender identity. I call on the authorities to vigorously prosecute those involved, and I stand with all people who support justice for Hande.”
This past November, the Transgender Equality Task Force hosted a landmark forum violence against the transgender community, seeking to raise awareness about the epidemic against transgender people.
The mission of the Congressional LGBT Equality Caucus is to promote lesbian, gay, bisexual, and transgender (LGBT) equality. The bi-partisan LGBT Equality Caucus is strongly committed to achieving the full enjoyment of human rights for LGBT people in the U.S. and around the world. By serving as a resource for Members of Congress, their staff, and the public on LGBT issues, the Caucus works toward the extension of equal rights, the repeal of discriminatory laws, the elimination of hate-motivated violence, and the improved health and wellbeing for all regardless of sexual orientation or gender identity/expression.

Mark Bromley Testifies Before the U.S. Congress

Mark Bromley Testifies at Foreign Affairs Committee Hearing on Global Human Rights

Council Chair Mark Bromley testified before the U.S. Congress in a hearing focused on “Human Rights Under Siege Worldwide.”  The hearing was convened on the one-month anniversary of the tragic massacre at the Pulse nightclub in Orlando, and it was the first time that the foreign affairs committee had ever invited a witness to speak to global human rights trends impacting LGBT individuals.  He testified that “targeted LGBT violence, and anti-LGBT propaganda in general, challenge fundamental democratic values and pluralistic societies everywhere.”  He concluded by noting that “countries that turn on their own LGBT citizens, or that scapegoat their LGBT citizens to distract from broader political or economic failings, are equally likely to turn on other ethnic or religious minorities and on human rights and democracy groups writ large.

You can watch the testimony here and read the statement for the record here.

Diversity In All of its Forms is a Shared Civic Value

Last weekend’s brutal massacre at an LGBT nightclub in Orlando is a stunning reminder that homophobic hatred continues to scar both our community and our country. Our hearts go out to the victims of this rampage, as well as to their families and friends. We acknowledge and share their grief.

In our work, the Council for Global Equality has been deeply impressed by the resilience of LGBT communities around the world. We are profoundly touched by the expressions of sadness and solidarity from these communities. Their love and support stand in stark contrast to the hatred that fueled this tragedy. The breadth of supportive government statements also heartens us, from countries that include Afghanistan, Saudi Arabia, and United Arab Emirates.

From this massacre, no doubt there will be calls for greater gun control, mental health awareness, and a strengthened fight against ISIS and all extremism. We strongly support these calls. But we are struck, too, by the cultural divide over the dignity and worth of LGBT people that this attack calls to mind. Diversity in all of its forms is a shared civic value, after all – a quality essential to our national fabric, and one that must be taught and understood more broadly in this country, even after – or maybe because of – the significant legal advances that the LGBT community has achieved in recent years.

The Obama Administration has done much to integrate LGBT human rights into our country’s overall human rights policy. We urge that these efforts be redoubled, with a view to helping all people understand that the rights of any minority group cannot be lower than those of the country as a whole.

That lesson begins at home. The call by some for a ban on Muslims entering our country is wholly at odds with the founding values of our country, and with the dignity and respect we seek from others. That exclusionary vision also runs counter to the Council’s mission, which is to build bridges across cultural divides.

Yesterday’s UN Security Council statement on Orlando’s tragedy – OUR tragedy – is an important and groundbreaking step in expressing the sadness of the international community at a tragedy that impacts not only LGBT people, but how the world embraces human rights. That, in fact, is a precious learning from Sunday’s tragic loss of life.

 

Related Content: After Orlando, Gay Rights Moves off Diplomatic Back Burner (NYT)

Deteriorating Human Rights in The Gambia

Yahya JammehMay 3, 2016 – The Council for Global Equality joined 15 leading human rights organizations in writing to the State Department and the White House this week to express ongoing concern over the deteriorating human rights landscape in The Gambia following a series of arbitrary arrests involving police brutality and possible torture. This adds to concerns that we have raised with the Obama Administration over the past several years, including pointed questions about the targeted persecution of lesbian, gay, bisexual and transgender (LGBT) individuals in The Gambia.

The government’s arrests and harsh suppression of protests last month, in advance of elections anticipated at the end of the year, have been condemned by local, regional and international human rights leaders. Amnesty International and Human Rights Watch reported that an opposition leader died in April under suspicious circumstances shortly after his arrest. The government’s brutal treatment of the opposition and the suppression of protests have been condemned by the United Nation’s Secretary-General, the African Commission on Human and Peoples’ Rights, the ECOWAS Commission and the State Department. There have been similar statements of concern from leading civil society in the region, including IHRDA, WACSOF and the NGO Forum at the African Commission. This latest crackdown is only the most recent chapter in a long line of abuses perpetrated against independent voices by President Jammeh’s regime since he seized power in 1994.

President Jammeh has also continued his inflammatory rhetoric against LGBT Gambians. In March 2016, when addressing the opening of the National Assembly, he said that homosexuality is “ungodly,” and “I will never tolerate it here in The Gambia. Those who will be caught practicing it will face the full force of the law.” These remarks are not empty rhetoric – the Gambian criminal code was amended in October 2014 to include much harsher sentences for various acts defined as “aggravated homosexuality.” LGBT Gambians have since been subjected to arrest and detention, torture, and other ill-treatment by state security forces.

In light of these reports, the Council for Global Equality has renewed its call to take further actions against President Jammeh and his government. In particular, as previously requested, we have urged the Obama Administration to consider visa bans against Gambian officials guilty of grave human rights abuses, and to consider using the sanctions powers available under the International Emergency Economic Powers Act (IEEPA), which have been used in the past to respond to human rights abuses in countries such as Belarus, Venezuela and Zimbabwe. We have also asked the Obama Administration to cut any remaining security assistance to the government in the wake of these abuses. We urge the Obama Administration to take these steps now, before the pre-election violence spirals out of control in the shadow of elections later this year.

State Department Reports on Bias-Motivated Violence

Secretary Kerry Releases the 2015 Human Rights Report

Secretary Kerry Releases the 2015 Human Rights Report

April 21, 2016 – Last week, the State Department released its accounting of human rights abuses committed in 2015. As usual, this year’s human rights report offers disturbing pictures of violence being committed against LGBT people worldwide, from Afghanistan to Honduras to Kenya.

Recognizing the magnitude of such violence, the White House last June convened a “Conversation on Combatting Bias-Motivated Violence Against LGBT Persons Around the World.” At that meeting, Obama Administration officials highlighted initiatives by the U.S. government and private sector actors to address bias-motivated violence targeting the LGBT community, recognizing in particular the need for law enforcement, judges, legislatures, governments, and civil society to work together to respond comprehensively and decisively to such violence. Unfortunately, this year’s human rights report reminds us that there is much more work to do. It also provides a glimmer of hope, recognizing some of the unique steps that a handful of governments are taking to acknowledge, document and respond to extremely high levels of bias-motivated violence targeting LGBT individuals.

In this year’s report, targeted LGBT killings are cited in countries ranging from Germany to Honduras and Russia to Pakistan.   Attacks are commonly identified as occurring in both public and private spaces. The Mali report explains that “family members, neighbors, and groups of strangers in public places committed the majority of violent acts, and police frequently refused to intervene.” But even in the home, the report recognizes that LGBT individuals are targeted for abuse and sexual violence by family members, including in countries ranging from Belize to Romania and Cambodia to Zimbabwe. The Zimbabwe report notes that “some families reportedly subjected their LGBTI members to ‘corrective’ rape and forced marriages to encourage heterosexual conduct.” In Ecuador, “LGBTI organizations and the government continued to report that private treatment centers confined LGBTI persons against their will to ‘cure’ or ‘dehomosexualize’ them.” Although illegal, the clinics also reportedly used extreme treatments, including rape.

The vast majority of the country reports cite a reluctance on the part of victims – characterized as outright fear – to report such abuse to authorities in the belief that they would be ignored at best but also potentially targeted by the police for filing the complaint. The South Africa report discusses the “secondary victimization” of individuals, particularly lesbian and transgender women, including cases in which police harassed, ridiculed, and assaulted victims of sexual- and gender-based violence who reported abuse.

In many other cases, from Azerbaijan to Kenya and from Guatemala to Turkey and Indonesia to Sri Lanka, the report notes patterns of abuse of LGBTI citizens by police or other security forces, or other inappropriate police action. The Bolivia report cites a study that found that 82 percent of those surveyed “knew of at least one person whom police had arbitrarily detained due to sexual orientation or gender identity.” Police in all regions regularly extorted money from presumed LGBT individuals by threatening to arrest or expose them, including when LGBT individuals attempted to report violence or seek protection. In Mexico and Venezuela, cases of violence are often recorded by the police as “crimes of passion” that are then ignored in the belief that they are little more than domestic squabbles between jilted lovers.

In some countries, such as Cameroon and Lebanon, LGBTI persons were subject to gang violence. In others, such as the Dominican Republic, Latvia and Japan there were reported instances of school bullying. Bullying and violence directed at transgender students was particularly severe. The report cites a Bolivian study finding “72 percent of transgender individuals abandoned their secondary school studies due to intense discrimination.”

In Iran, security forces specifically targeted LGBT individuals for raids, rectal examinations, and beatings during incarceration. In Ghana, the report emphasizes sexual violence committed against gay men in prison. In Morocco, even after arresting the perpetrator of a violent bias-motivated crime, police made the victim undress, and then blackmailed him to his family. In Syria, gay men faced horrifying consequences from two angles: those suspected of being gay were thrown from rooftops by ISIS, while security forces often based arrests and even torture on accusations of homosexuality.

Apart from underscoring an urgent need for greater police training, this year’s reports also make clear that, in far too many countries, clearer and stronger laws are needed to lay the groundwork for action against LGBT-related hate crimes. From Egypt to Iraq and from the Bahamas to Mongolia laws to protect LGBT people either do not exist or are too weakly construed to offer any real protections. Even in countries such as Brazil that have taken important steps to protect their LGBT citizens, the report cites legal impediments that make it difficult to prosecute LGBT hate crimes. Moreover, a lack of official and specific LGBT-related statistics in most countries makes it difficult to ascertain the depth of the problem.

In addition, the reports detail far too many instances in which government officials and others in positions of influence have fueled an atmosphere of violence against LGBT persons. These instances have included Albania, Georgia, Hungary, Kyrgyz Republic and Zimbabwe, where homophobic statements or other divisive language by government leaders seem to condone violence. In other countries, such as Algeria, Dominican Republic, Nigeria, Kenya and Uganda, statements by religious leaders have inflamed tensions.

The report notes, however, that some governments are taking steps to respond to these common patterns of violence. El Salvador, Honduras and Suriname have adopted new hate crime-related laws that could assist in the prevention and prosecution of LGBT hate crimes. Nicaragua has a new, if untested, prosecutor for sexual diversity, and Honduras has a relatively new Violent Crimes Task Force to investigate LGBT violence. In July, the government of Malawi accepted a recommendation from the UN Human Rights Council and committed to prosecuting the perpetrators of LGBT violence. Sierra Leone’s Human Rights Commission conducted outreach to the LGBT community to encourage individuals to submit complaints and to request investigations into bias-motivated crimes. South Africa has a “National Intervention Strategy” and set up rapid response teams from civil society and government to ensure that law enforcement officers respond “promptly and professionally” to crimes against the LGBT community. The report notes that most of these government initiatives have only delivered limited accomplishments to date, but they provide a foundation for additional action.

Given this year’s report, the Council for Global Equality looks forward to working with the White House, the State Department and the Justice Department to energize the initiatives put in place last June at the White House to ensure that U.S. government assets are deployed to respond to such egregious violence. To do so, we should invest in training and resources for police who are willing to reform their structures to respond to hate crimes; work closely with other governments to showcase longstanding FBI efforts to collect and disaggregate LGBT hate crime data in our own country in the hope that they will do likewise; promote the decriminalization of homosexual relationships, cross dressing laws and other legal impediments that reduce LGBT individuals to criminals and invite arrest, harassment and abuse at the hands of the police; and deploy our diplomatic resources, including our new Special Envoy for the Human Rights of LGBTI Persons, to implore foreign officials everywhere to respond promptly and professionally to LGBT violence whenever it occurs.

Click here for more information on the 2015 Human Rights Reports (including transcripts from the briefing as well as video)

Nisha Ayub Receives the 2016 Woman of Courage Award

Secretary Kerry's Remarks at the 2016 International Women of Courage Award

The Council for Global Equality congratulates Nisha Ayub, Director of SEED Malaysia, for receiving the 2016 Woman of Courage award from Secretary of State John Kerry at a ceremony in Washington DC today. She is the first transgender woman to ever receive this award. Ms. Ayub has been challenging Malaysia’s harsh treatment of transgender citizens, including the anti-cross dressing laws.

This award is not just about me–it’s about recognition and acceptance of trans people in regards to their gender identity. Today I am being fully recognized as a woman.

She previously met President Obama on his visit to Malaysia last year.

(Remarks by Secretary Kerry about Nisha Ayub at 21:21)

Read Secretary Kerry’s remarks

Learn more about the award and this year’s recipients.

Learn more about Nisha Ayub.

Related Content: Nisha dedicates Women of Courage Award to all transwomen (The Star Online)


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