Featured

“This is my fight song, my take back my life song”

Why we fight

May 17 is the International Day Against Homophobia, Transphobia and Biphobia (IDAHOT). Created in 2004 to raise awareness about the violence and discrimination experienced by LGBTI people internationally, it has become a worldwide celebration of sexual and gender diversities. The date of May 17 was chosen specifically to commemorate the World Health Organization’s decision in 1990 to declassify homosexuality as a mental disorder.

International DayThis year, IDAHOT’s theme focuses on mental health and well-being, with an emphasis on depathologizing LGBT people and bringing an end to “conversion” and other therapies claiming to change sexual orientation and gender identities.

In honor of IDAHOT 2016, we put together a list of nine basic things that everyone needs to know about international LGBTI rights.

1.
Internationally, the acronyms LGBT and LGBTI
(standing for “lesbian, gay, bisexual, transgender, and
intersex”) are the most commonly used terms.

While many understand the meaning of the terms lesbian, gay and bisexual, some may be unfamiliar with the other terms. As defined by the United Nations’ Free & Equal Campaign, transgender (sometimes shortened to “trans”) is an umbrella term used to describe a wide range of identities — including transsexual people, cross-dressers, people who identify as third gender, and others whose appearance and characteristics are perceived as gender atypical. Some transgender people seek surgery or take hormones to bring their body into alignment with their gender identity; others do not. An intersex person is born with sexual anatomy, reproductive organs, and/or chromosome patterns that do not fit the typical definition of male or female. An intersex person may identify as male or female or as neither. Intersex status is not about sexual orientation or gender identity: intersex people experience the same range of sexual orientations and gender identities (SOGI) as non-intersex people.

It is worth noting that other terms are also used when talking about LGBTI rights. In many countries, the term MSM (“men who have sex with men”) is also used, particularly in the public health context of the fight against HIV/AIDS. MSM is also used in recognition of the fact that some men engaged in same-sex relations may not identify as gay or bisexual. Different cultures also have their own terms to describe people who form same-sex relationships and those who exhibit non-binary gender identities (such as hijra, meti, lala, skesana, motsoalle, mithli, kuchu, kawein, muxé, fa’afafine, fakaleiti, hamjensgara and Two-Spirit).

2.
SOGI stands for “Sexual Orientation and Gender Identity.”

As the UN states, sexual orientation refers to a person’s physical, romantic and/or emotional attraction towards other people. Sexual orientation is not related to gender identity. Gender identity reflects a deeply felt and experienced sense of one’s own gender. For transgender people, there is an inconsistency between their sense of their own gender and the sex they were assigned at birth.

3.
Private, consensual same-sex conduct
is a crime in at least 76 countries.

Because of these discriminatory laws, millions of LGBTI persons around the world face the risk of arrest, prosecution and imprisonment every day. And in as many as 10 countries, same-sex acts can be punished with the death penalty.

Laws that criminalize private, consensual sexual relationships between adults violate the rights to privacy and to freedom from discrimination under international law. In addition to violating these basic rights, criminalization legitimizes prejudice in society at large and exposes people to hate crimes, police abuse, torture and family violence. The Advocates’ partner organization LGBT Voice Tanzania has reported that because Tanzania criminalizes homosexual conduct, police officers harass, abuse, and demean LGBTI people with impunity, and often disregard complaints brought by LGBTI persons about harassment from others. Police routinely use violence and coercion against the LGBTI community, including torture, blackmail, corrective rape, detention without charge, and arbitrary charges. Many are forced to bribe officers to get out of jail for these arbitrary charges.

Further, criminalization hampers efforts to halt the spread of HIV by deterring LGBT people from coming forward for testing and treatment for fear of revealing criminal activity.

4.
LGBTI people and rights are not a Western export.

LGBTI people exist everywhere — in all countries, among all ethnic groups, at all socioeconomic levels, and in all communities. Further, global archeological and anthropological evidence — from prehistoric rock paintings in South Africa and Egypt to ancient Indian medical texts and early Ottoman literature — show that LGBTI people have always been a part of our communities. In fact in many parts of the world, it was Western colonial powers that imposed the criminal laws that punish same-sex conduct.

Click on the interactive map below that shows how colonization spread homophobic legislation to many parts of the world.

map for blog

5.
Some countries are passing “gay propaganda” laws
and other discriminatory laws that limit the rights
to free speech, freedom of association, and assembly.

In 2013, Russian President Vladimir Putin signed into law Federal Law 135, banning propaganda to minors about “non-traditional sexual relations.” Article 3(2)(b) of Federal Law 135 imposes administrative fines and, in the case of non-citizens, deportation, for:

Propaganda of non-traditional sexual relations among minors, including
distribution of information that intends minors to adopt non-traditional
sexual orientations, that makes non-traditional sexual relations attractive,
that presents distorted conceptions of the social equivalence of traditional
and non-traditional sexual relations, or that imposes information about non-traditional sexual relations that evokes interest in these relations.

The vague language describing the prohibited conduct and the steep fines that escalate for individuals who distribute their “propaganda” on the internet are designed to chill speech and stifle any efforts to provide support to LGBTI youth in Russia.

Nearly identical proposals have been introduced throughout Eastern Europe and Central Asia, with proposals currently are under discussion in Kazakhstan, Kyrgyzstan, Belarus, Lithuania and Indonesia.

6.
LGBTI persons around the world
experience widespread violence.

While official data on international homophobic and transphobic violence is difficult to obtain, the information that is available shows a clear pattern of widespread, brutal violence, often committed with impunity. Human rights violations experienced by LGBTI persons can include violent attacks, ranging from aggressive verbal abuse and psychological bullying to physical assault, beatings, torture, kidnapping and targeted killings. Sexual abuse and violence is also common, sometimes at the hands of the police. While violence can be perpetrated by individuals or groups and takes place in both public and private spaces, a common characteristic of many anti-LGBT hate crimes is their brutality. The torture and murder of Cameroonian activist Eric Ohena Lembembe in July 2013 is just one example, but one that hits close to home for The Advocates for Human Rights. Shortly before he was murdered, we partnered with Eric and his organization CAMFAIDS to write a report to the African Commission on Human and Peoples’ Rights on the rights of lesbian, gay, bisexual, transgender, and intersex (LGBTI) people in Cameroon.

7.
LGBTI persons around the world experience
discriminatory treatment every day, in workplaces,
schools, family homes, and health care settings.

In Tanzania, for example, LGBTI youth are expelled from school simply because of actual or suspected sexual orientation or gender identity. Most of these youth are also rejected by their families and are left to fend for themselves. Anti-LGBTI discrimination in the health sector includes denial of service, verbal harassment and abuse, and violations of confidentiality, all justified by the criminalization of same-sex conduct. The UN Office of the High Commissioner for Human Rights reported in 2015 that national laws in most countries do not provide adequate protection from employment-related discrimination on grounds of SOGI, allowing employers to fire or refuse to hire or promote people simply because they are perceived as lesbian, gay, bisexual or transgender.

Map 2 for blog

Discrimination has a tremendous personal cost for those who experience it. Rates of poverty, homelessness, depression and suicide are far higher among LGBT people than in the general population. But the UN Free and Equal Campaign  argues that we all pay a price: a study of 39 countries showed that the marginalization of the LGBT community was causing a substantial loss of potential economic output. “Every LGBT child thrown out of home and forced to miss out on education is a loss for society. Every LGBT worker denied their rights is a lost opportunity to build a fairer and more productive economy.”



8.
International law protects LGBTI rights.

The right to equality and non-discrimination are core human rights principles included in the United Nations Charter, The Universal Declaration of Human Rights (UDHR), and all multilateral human rights treaties. The equality and non-discrimination guarantee provided by international human rights law applies to ALL people, regardless of sexual orientation and gender identity or “other status.”

According to the United Nations, governments have core legal obligations to protect the human rights of LGBT people, including obligations to:

Protect individuals from homophobic and transphobic violence and prevent torture and cruel, inhuman and degrading treatment. Countries should enact hate crime laws that discourage violence against individuals based on sexual orientation, and set up effective systems for reporting hate motivated acts of violence, including effectively investigating, and prosecuting perpetrators, bringing those responsible to justice. They should provide training to law enforcement officers and monitor places of detention, and provide a system for victims to seek remedies. Additionally, asylum laws and policies should recognize that persecution based on sexual orientation may be a valid basis for an asylum claim.

Repeal laws criminalizing homosexuality including all legislation that criminalizes private sexual conduct between consenting adults. Ensure that individuals are not arrested or detained on the basis of their sexual orientation or gender identity and are not subjected to any degrading physical examinations intended to determine their sexual orientation.

Prohibit discrimination based on sexual orientation and gender identity. Enact legislation that prohibits discrimination on the grounds of sexual orientation and gender identity. Provide education and training to prevent discrimination and stigmatization of LGBT and intersex people.

Safeguard freedom of expression, association and peaceful assembly for all LGBT people and ensure that any restrictions on these rights – even where such restrictions purport to serve a legitimate purpose and are reasonable and proportionate in scope – are not discriminatory on grounds of sexual orientation and gender identity. Promote a culture of equality and diversity that encompasses respect for the rights of LGBT people.

9.
You can take action to support LGBTI rights in
your community and around the world.

May 17 is the single most important annual date for global LGBTI mobilization and awareness raising. Research has shown that 17% of all annual discussions on Homophobia, Biphobia and Transphobia are generated around the IDAHOT. Those discussions are happening in almost every country in the world. Please share this article and others that raise awareness about LGBTI rights on social media.

Learn more about The Advocates for Human Rights’ work on LGBTI rights here. Read Staff attorney Amy Bergquist’s article about our strategies in “Moving Forward: Four Steps and Six Strategies For Promoting LGBTI Rights Around the World.”

By: Jennifer Prestholdt, The Advocates for Human Rights’ deputy director, and director of its International Justice Program. Prestholdt also coordinates The Advocates’ school in Nepal, the Sankhu-Palubari Community School.

Learn more about #IDAHOT and ways to take action here.

Find out more about events being held in countries around the world here.

And keeping fighting for the rights of LGBTI persons, wherever they are in the world! The UN Free & Equal Campaign released this inspiring video “Why We Fight” of courageous LGBTI activists and allies around the world and the rights that they are fighting for.

More posts by The Advocates for Human Rights on international  LGBTI rights:

Anti-LGBTI Discrimination Harms Efforts to Fight HIV/AIDS

African Commission Urges Cameroon to End LGBTI Discrimination

Leading By Example: The International Impact of Marriage Equality Ruling

African Commission to Consider Violence Perpetrated Because of Sexual Orientation, Gender Identity

“Look at the details of Eric Ohena Lembembe’s life and you will understand why he died.”

Two Steps Forward, One Step Back for LGBTI Rights in Africa

Recent Anti-LGBTI Laws Violate Human Rights

Out in the Cold: LGBT Visibility at Olympics Key to Ending Homophobia

Russia’s “Gay Propaganda” Law: How U.S. Extremists are Fueling the Fight Against LGBTI Rights

Locking the Iron Closet: Russia’s Propaganda Law Isolates Vulnerable LGBTI Youth

The Wild East: Vigilante Violence against LGBTI Russians

Advertisements
Featured

Let’s jail the children and call it child care

Child from Honduras

Texas, leading the nation as always, granted a child care license to a jail on April 29. It’s a special, private jail, an immigration detention center in Karnes City run by the private, for-profit GEO Group. The Texas license comes in response to a federal judge’s order that migrant children must be released from detention centers because it’s against the law to hold kids in unlicensed facilities. (A few days after the license was issues, a Texas judge blocked, at least temporarily, a second license for another immigration jail and set a hearing on the licenses for May 13.)

Testimony offered last year by a social worker who quit working at the Karnes detention center gives some idea of why it’s a bad place for children (and their mothers). The Los Angeles Times reported:

“López, whose story began emerging this week ahead of Tuesday’s forum, said her work at the detention center forced her to do things that as a social worker she regarded as unethical.

“In some cases, she said, the company told her to omit some information from the immigrants’ files, including complaints about medical conditions, such as a woman with recurrent headaches who had a family history of brain aneurysms. …

“She said she saw a 5-year-old Central American girl, who had been raped and physically abused during the journey, lose weight at the detention center and start wearing diapers.

“When she reported the girl’s conditions to her boss, a psychologist, she said he discharged the girl with a note saying she was sleeping and eating better. “When López submitted a note in response reiterating that the girl had lost weight, another supervisor told her she was mistaken. ‘I can discern an increase and a decrease’ in weight, López said.

“When dozens of women at the detention center staged a hunger strike this spring, several of the leaders reported being placed in isolation in the medical unit with their children, an allegation López corroborated.”

(For more description of conditions at Karnes and other detention centers, see this MSNBC report and this News Day post on hunger strikes in for-profit immigration prisons and this report from the Inter American Commission on Human Rights and this article from the Texas Observer.

The U.S. is jailing more children and families now than a year ago, with the number seized at the border more than doubled in the past year. During the first half of FY2016, which began on October 1 2015, some 32,117 family members were detained at the border. In addition, 27754 unaccompanied children were detained – also a big increase over last year, according to Pew Research Center. Mexican migrant apprehensions have dropped to their lowest level since 1969. The vast majority of family members and unaccompanied children apprehended at the border come from the Central American countries of El Salvador, Guatemala and Honduras.

As the New York Times editorialized in April:

“Those three countries are among the most violent corners of our hemisphere. El Salvador is the world’s murder capital. Honduras and Guatemala are not far behind. All are plagued by an epidemic of killings of women and children — by gang and drug warfare and by political oppression. The United States remains a rich and stable neighbor, more than capable of helping to stabilize the region and of welcoming and protecting the desperate people who have fled by the thousands to the Texas border.”

Other, cheaper, more humane solutions exist. Releasing families to await hearings, even with ankle monitors, would be far cheaper than imprisonment. Except that the government has contracts with Geo Croup and Corrections Corporation of America — the two giant for-profit prison companies — to fill the beds with prisoners.

In two reports issued May 5, the Center for American Progress lays out short-term and medium to long-term plans to address the Central American refugee situation. Among the short-term actions:

  • “As soon as possible following apprehension, each person should receive a “know your rights” presentation by a qualified nongovernmental organization, or NGO.
  • “The U.S. government must ensure that the protections for unaccompanied children in the Trafficking Victims Protection Reauthorization Act, or TVPRA, remain intact.
  • “Every immigration agency dealing with children—from the U.S. Department of Homeland Security and the Executive Office of Immigration Review to the Office of Refugee Resettlement—should adopt the ‘best interest of the child’ principle in all aspects of care—from apprehension, shelter, and release to immigration proceedings.”

The report goes on to detail specific steps, including closing the Karnes and Dilley detention centers and ending so-called “rocket dockets” that rush children and families to deportation.

The report on medium and long-term solutions includes discussion of “run-away levels of crime and violence,” including high rates of femicide, which are driving the refugees from Central America. In the medium term, the report recommends specific steps to protect refugees and aid resettlement. In the long term, the report says:

“The United States must recognize that fundamental change across the Northern Triangle requires buy-in from regional governments, elites, and societies and should use all available policy and diplomatic tools in order to encourage these groups to focus on meaningful change that promotes citizen security and sustainable economic development.”

Specific recommendations begin with establishing “accountability and the rule of law” in El Salvador, Honduras and Guatemala.

None of these solutions are easy. The easy solution is to license jails as child care centers, and to continue filling them with mothers and children.

By: Guest blogger Mary Turck, a freelance writer and editor who teaches writing and journalism at Metropolitan State University and Macalester College. She is the former editor of the TC Daily Planet and of the award-winning Connection to the Americas and AMERICAS.ORG, a recovering attorney, and the author of many books for young people (and a few for adults), mostly focusing on historical and social issues. 

Featured

Bringing Human Rights Abusers to Justice in U.S. Courts

 

Nushin & Amy
Guest speaker Nushin Sarkarati from the Center for Justice & Accountability, with Karl Procaccini, President of the Minneapolis-St. Paul Chapter of the American Constitution Society, and Amy Bergquist, International Justice Program Staff Attorney with The Advocates for Human Rights.

Nushin Sarkarati from the Center for Justice & Accountability (CJA) was invited by The Advocates for Human Rights to present a Continuing Legal Education seminar on recent developments in litigation in U.S. courts to hold perpetrators accountable for human rights abuses around the world. Ms. Sarkarati is a CJA staff attorney whose practice focuses on Alien Tort Statute (ATS) and the Torture Victim Protection Act (TVPA) litigation in federal court.

CJA CLEThe ATS is a U.S. federal law first adopted in 1789 that gives the federal courts jurisdiction to hear lawsuits filed by non-U.S. citizens for torts committed in violation of international law. Today, the ATS gives survivors of egregious human rights abuses, wherever committed, the right to bring civil lawsuits against the perpetrators in the United States. Examples of the kinds of conduct covered by the ATS include torture, extrajudicial killing, forced disappearance, war crimes and crimes against humanity, genocide, slavery, prolonged arbitrary detention and state-sponsored sexual violence.

Under the 1991 TVPA, survivors who have no available local remedies in the country where the human rights abuses  happened can file a civil lawsuit in the U.S. for damages against someone who, “under actual or apparent authority, or color of law, of any foreign nation” subjected an individual to torture or to extrajudicial killing in another country. The TVPA has a 10-year statute of limitations but equitable tolling may be available depending on the facts of the case.

Ms. Sarkarati gave an overview of the history and caselaw, from the landmark ATS case Filártiga v. Peña-Irala (2d Cir 1980) to the U.S. Supreme Court’s ruling in Kiobel v. Royal Dutch Petrol (US 2013) which limits the ATS to claims that “touch and concern the territory of the United States with sufficient force.” She also discussed both the legal and practical challenges involved in litigating these cases.

While ATS and TVPA litigation in U.S. courts does not result in jail time for the perpetrators of serious human rights violations, there are other important reasons for using civil litigation as an accountability mechanism including:

  • Redress for victims;
  • Ending impunity by exposing human rights abusers;
  • Denying safe haven to perpetrators in the U.S.;
  • Documenting history and deterring future abuses;
  • Developing human rights precedent in domestic courts; and
  • Advancing transitional justice.

The Advocates for Human Rights co-sponsored the CLE with the American Constitution Society’s Minneapolis-St. Paul Chapter, MSBA Human Rights Committee, Minnesotan Asian Pacific American Bar Association, and International Law Section of the Federal Bar Association. The law firm of Fredrikson & Byron hosted the CLE.

Learn more about strategies and tools for holding human rights violators accountable in Chapter 8: Accountability of The Advocates’ manual Human Rights Tools for a Changing World.

By: Jennifer Prestholdt, deputy director of The Advocates of Human Rights and director of its International Justice Program.

The U.S. runs with a devil

The U.S. runs with a devil

You may never have heard of the Oromo people, the largest single ethnic group in Ethiopia. You might be surprised to learn that if you are a U.S. taxpayer, you are subsidizing their oppression.

On Tuesday, April 19, a Congressional commission named the Tom Lantos Human Rights Commission conducted a hearing on human rights conditions in Ethiopia. The Commission provides information concerning human rights to Congress, so it is particularly fitting that it should inquire into conditions in Ethiopia. That country has been a major ally of the United States and recipient of U.S. humanitarian and military aid for all of the years Ethiopia’s current regime has been in power. Since 2013, the United States has given in the range of half a billion dollars per year in foreign aid to Ethiopia, plus a much smaller amount of military aid, which means the United States is Ethiopia’s largest and most important source of foreign assistance.

In July 2015, President Obama visited Ethiopia, drawing widespread criticism from human rights groups for his warm words toward the country and his relatively milquetoast references to its abysmal human rights record. Obama said that the Prime Minister of what he referred to as the “democratically elected” Ethiopian government “would be the first to acknowledge that there is more work to be done” in the field of human rights.

Well, yes. The ruling party in Ethiopia won all 547 seats in Parliament following the elections that occurred just two months before Obama’s visit, and the “democratically elected” Prime Minister was allocated 100 percent of the vote. U.S. officials were prohibited from acting as election observers. The election featured denials of registrations for opposition candidates, while journalists were arrested and threatened. After the election, at least three opposition politicians were murdered, with no investigations conducted.

The government’s security forces employ murder and torture. In 2014, they fired into crowds of peaceful students who were protesting the government’s “land grab” for the benefit of international development interests, which would potentially displace an estimated two million Oromo. Dozens were killed. Many more were arrested and remain in prison. The killings continue. According to Human Rights Watch, relying on reports of activists, at least 75 protesters were killed by government security forces in November and December 2015, while the government only acknowledged five deaths. The actual figures are likely much greater than is known, since the government tightly restricts access to such information. There is no freedom of the press, no independent judiciary, no adherence to international human rights standards beyond lip service.

The Ethiopian government is adept at achieving the maximum oppression while drawing minimal attention to its human rights abuses. It signs onto numerous international human rights conventions, although it routinely violates them. It purports to allow local human rights organizations to exist, although its Charities and Societies Proclamation makes it largely impossible for them to operate by denying the organizations international funding.

Perhaps most impressive, the government masterfully plays the terrorism card. In 2009, it adopted the Anti-Terrorism Proclamation, allowing draconian treatment of persons accused of being “terrorists,” largely an arbitrary term for those opposing actions of the Ethiopian government and wishing to bring about change. The government frequently brands protesting Oromo and others as “terrorists” to justify imprisoning or killing them.

The Tom Lantos Commission should disseminate to Congress all possible documentation of the crimes of the Ethiopian government. In turn, Congress should find ways to be sure the United States ratchets up the pressure on its strategic ally far beyond clubby acknowledgements of “more work to be done.” The spigot of international development money should not remain open without real and fundamental changes in the human rights environment in Ethiopia, beginning with an end to extrajudicial, summary and arbitrary killings; a release of political prisoners; restoration of a free press and independent judiciary; and the repeal or modification of the Charities and Societies Proclamation and the Anti-Terrorism Law.

By: James O’Neal, retired attorney and member of The Advocates for Human Rights’ board of directors, and Robin Phillips, the organization’s executive director. Deeply concerned about continuing human rights violations in Ethiopia, The Advocates has consistently raised concerns about the treatment of Oromos in Ethiopia at UN human rights bodies and with the African Commission on Human & Peoples’ Rights.

Pictured above: Amaanee Badhasso, International Oromo Youth Association’s president in 2014, accompanied The Advocates’ Amy Bergquist to Geneva that year to meet with the UN Committee on the Rights of the Child.

Read other blog posts about Ethiopia’s persecution of the Oromo by entering “Ethiopia” or “Oromo” in the blog’s search bar.