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International Gay & Lesbian Human Rights Commission
(IGLHRC) Reports

[1998]
[Current Year]


The headline suffix indicates Country or region and State
IGLHRC Celebrates the 50th anniversary of the UDHR 10 DEC

The International Gay and Lesbian Human Rights Commission (IGLHRC) 1997 Year in Review 02 JAN
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IGLHRC Celebrates the 50th anniversary of the UDHR

USA, California, San Francisco - On the 50th anniversary of the Universal Declaration of Human Rights (UDHR), the IGLHRC takes a minute to step back and re-read the UDHR and provides a small and certainly incomplete reading of the UDHR and surveys some significant events around the globe.

For a complete text of the UDHR, please go to:
http://www1.umn.edu/humanrts/instree/b1udhr.htm (English)
http://www.umn.edu/humanrts/instree/spanish/sb1udr.html (Spanish)
http://www.umn.edu/humanrts/instree/french/B1UBHRF.htm (French)

(International Gay and Lesbian Human Rights Commission (IGLHRC) 10 December 1998
Email: iglhrc@iglhrc.org
Web: www.cleveland.com/community/gay)


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The International Gay and Lesbian Human Rights Commission (IGLHRC)
1997 Year in Review

USA, California, San Francisco - This is not an exhaustive list, but hopefully it will provide you with a window into the work that gay, lesbian, bisexual, and transgender activists are courageously carrying out in different parts of the world.

(See also: GayLawNews by Subject)

Argentina
Australia
China
Costa Rica
Ecuador
Guatemala
Jamaica
Japan
Korea (South)
Namibia
Nigeria
Puerto Rico
Romania
Russia
Singapore
South Africa
Swaziland
Thailand
Turkey
United Kingdom
United States
Zimbabwe

Argentina

DESPITE ROSARIO ANTI-DISCRIMINATION ORDINANCE, GAYS, LESBIANS, AND TRANSGENDER PEOPLE CONTINUE TO BE TARGET OF ABUSE [ERN9710]
On September 18 1997, Colectivo Arco Iris presented an official report denouncing the continued persecution of the gay, lesbian, bisexual and transgender population by governmental authorities in Rosario, the second largest city in Argentina. Despite the early hopes of activists following Rosario's adoption of an anti-discrimination clause including sexual orientation last year, transvestites (travestis), transsexuals and gays in Rosario continue to be subjected to harassment and abuse by police, arbitrary arrests and sexual coercion. According to the report, the Morality Brigade of the Police and the Second Commissary in Rosario are the principal perpetrators of these flagrant violations of human rights, with the collusion of the Justices for this province. Travestis are detained for 20 days solely for cross-dressing, 30 days for charges of prostitution, and are forced to undergo HIV testing under threat of charges of attempted homicide. Approximately 150 travestis are arrested every month and are detained in harsh prison conditions that endanger their health and safety.

TRANSGENDER WOMEN AND GAY MEN TARGETED FOR POLICE ABUSE IN MENDOZA [ERN 9708]
Argentinean activists reported that transgender women in Mendoza are being arrested and assaulted by police solely because of their gender identity. These arrests are made under the guise of violations of Articles 54 and 81 of the Mendozan Constitution which penalize prostitution and scandalous behavior consecutively. While in custody transgender women have been placed in basement cells with severely inadequate ventilation, sexually assaulted and denied access to medical treatment. It is further reported that young gay men who have a "feminine" appearance are being arrested under Article 78 (offenses against public modesty) and have been held in police stations for up to twelve hours at a time, and subjected to police brutality.

DECEMBER 29, 1997 HAS BEEN DESIGNATED BY GLBT ARGENTINEAN ACTIVISTS AS "TRAVESTI DAY"
GLBT Argentinean activists have designated December 29, 1997 as "Travesti Day," using the slogan "Today we are all travesti," in order to bring into focus the persistent human rights violations against the transgender community in Argentina. Local transgender activists have chosen the term "travesti," in order to reclaim a word that has traditionally been used pejoratively against them.

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Australia

MAJOR GAY LAW REFORM IN TASMANIA, AUSTRALIA [ERN 9706]
After nine years of community organizing to repeal Tasmania's anti-gay law, the Tasmanian legislature finalized a vote to repeal their statute criminalizing same-sex relations on May 1, 1997. This decision marked not only the elimination of Australia's only remaining state law banning same sex relations, but it also marked Australia's compliance with the 1994 United Nations' ruling on this issue in the case of Nicholas Toonen v. Australia. In that case the United Nations Human Rights Committee (HRC) determined that Australia had violated its obligations under Articles 2 (non-discrimination) and 17 (right to privacy) of the International Covenant on Civil and Political Rights (ICCPR) by allowing the state of Tasmania to maintain legislation prohibiting sexual contact between consenting adult males.
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China

GAY BAR RAIDED IN GUANG ZHOU [WOCKNER153]
Police reportedly raided the only gay club in Guang Zhou, and detained about 20 customers on March 22, 1997.

DIRECTOR OF CHINESE GAY FILM DENIED PASSPORT [WOCKNER159]
The Chinese government refused to give an exit visa to director Zhang Yuan, whose film "East Palace, West Palace," was screened at the Cannes Film Festival in May. The film, which is banned in China, deals with issues of contemporary Chinese gay life.

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Costa Rica

SOCIAL SECURITY TO PAY FOR RETROVIRAL MEDICATIONS
In a historic decision, Costa Rica´s Supreme Court issued a ruling September 23 ordering the government funded Caja Costarricense de Seguro Social (CCSS) social security system to pay for retroviral AIDS medications for William Garcia, a person living with AIDS. Two weeks later William Garcia died. His courageous suit opened the doors for other people living with AIDS. Local activists reported that by November 15, about 30 people in Costa Rica were receiving retroviral AIDS medications from the CCSS, even though the CCSS had not yet developed guidelines for the applications, and all 30 people had to resort to Supreme Court rulings.
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Ecuador

FOURTEEN MEN ARRESTED DURING GAY BAR RAID IN CUENCA, ONE IS RAPED BY OTHER INMATES WHILE IN POLICE CUSTODY [ERN 9708]
On June 14 1997, police from Azuay entered the Abanicos Bar in Cuenca, Ecuador arresting 14 gay men. According to local gay and lesbian accounts, one of the men was raped twice by other inmates while in police custody, as another suffered an epileptic seizure and was offered no medical assistance despite pleas from his friends. Media coverage of the incident relied on police reports fraught with discriminatory and inflammatory language about homosexuals. The men were released June 16th, after being charged with intention to commit a crime against morality.

ECUADOR REPEALS ITS SODOMY LAWS
On November 25, Ecuador's Constitutional Tribunal repealed the law that criminalized same-sex sexual relations between consenting adults. The Tribunal determined unanimously that part 1 of article 516 of the Penal Code was unconstitutional. This section of the law stated that homosexual relations between consenting adults could be punished with four to eight years' imprisonment. The law was not only used to criminalize same-sex sexual activity between consenting adults, but also to harass, discriminate, and persecute gay men, lesbians, bisexuals, and transgender people in Ecuador. With the repeal of the Ecuadorian law, the last states in Latin America that still criminalize homosexual activity are only Chile, Nicaragua and Puerto Rico.

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Guatemala

GAY AND TRANSGENDER PEOPLE MURDERED [WOCKNER181]
Activists in Guatemala expressed concern over the alarming number of murders of gay men and transgender people that are occurring with impunity in the country, including the murder of AIDS activist María Conchita Alonso (aka Luis Palencia) October 2. The El Periódico newspaper reported in its November 16 edition that the gay community lives in a state of fear.
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Jamaica

JAMAICAN PRISONERS RIOT, SOME ARE KILLED [WOCKNER175,183]
Sixteen people were killed in late August riots at Jamaica's Kingston Penitentiary and St. Catherine District Prison, after guards walked out to protest Corrections Commissioner John Prescod's plan to distribute condoms to guards and inmates. Both guards and inmates blamed their actions on anger over the implication that they engage in sex with other men. Many of the dead were killed because they were presumed to have been homosexuals.
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Japan

TOKYO'S HIGH COURT RULES AGAINST GAY DISCRIMINATION
The Tokyo High Court ruled September 16 that Tokyo's Board of Education discriminated against the Japan Association for the Lesbian and Gay Movement (OCCUR) in 1990 by refusing to allow its members in a city-run youth hostel. The High Court decision reaffirmed a similar ruling by the Tokyo District Court in 1994. The High Court ruled that when a governmental agency "performs its duties, it is obligated to pay careful attention to the situation of homosexuals as a minority and to guarantee that their rights and interests be upheld. Indifference and ignorance regarding homosexuality are inexcusable on the part of persons in the position of wielding governmental authority."
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Korea (South)

AUTHORITIES CLOSED DOWN GAY AND LESBIAN FILM FESTIVAL [WOCKNER180]
Authorities forced the "First Seoul Queer Film and Video Festival" to close down, hours before it was set to open September 19, 1997.
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Namibia

PRESIDENT NUJOMA ATTACKS HOMOSEXUALS [ERN9701, WOCKNER157]
Namibia's President Nujoma continued in 1997 his attack against the country's homosexual citizens. With glaring similarity to Zimbabwe's President Mugabe in his disregard for the civil rights of lesbians and gay men, President Nujoma stated that "all necessary steps must be taken to combat influences that are influencing us and our children in a negative way. Homosexuals must be condemned and rejected in our society." His statements belie the fact that the Namibian Labour Code (Art. 107) explicitly prohibits discrimination in the work place on the grounds of sexual orientation.
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Nigeria

EFFORTS TO CRIMINALIZE LESBIAN SEX
Underground lesbian activists in Nigeria expressed grave concern about a law proposal that would reportedly criminalize same-sex relations between women with up to 3 years imprisonment. We have been unable to confirm whether the law proposal has passed.
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Puerto Rico

PUERTO RICAN ACTIVISTS FIGHT AGAINST CRIMINALIZATION OF SAME-SEX CONSENSUAL RELATIONSHIPS
Local activists and community organizations have formed a Coalition Against Article 103 and For Privacy Rights and have called for international support of their efforts to amend Article 103 of the Puerto Rican Penal code which criminalizes consensual sexual relationships between persons of the same sex. Local activists have been educating the public about the existence of Article 103 and denouncing this statute as one that encourages discrimination and legitimizes violence against lesbian, gay, bisexual and transgender (LGBT) persons while also violating their constitutional right to privacy.

At the height of the campaign, Margarita Sánchez de León of the Movimiento Ecuménico Nacional de Puerto Rico (the National Ecumenical Movement of Puerto Rico, MENPRI) turned herself in to the Division of Sexual Crimes of the Department of Justice on November 4, where San Juan District Attorney Ramón Muñiz Santiago declined to prosecute her. The District Attorney informed her that lesbians are incapable of committing sodomy since they lack a "virile member;" he added that he would not prosecute two homosexual men under this statute because there would be no victim. The Justice Department issued a press release on the same day refusing to prosecute the case because Ms. Sánchez had a "personal agenda in delivering her confession."

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Romania

ARTICLE 200 STILL IN USE
Article 200, penalizing sexual relations between persons of the same sex, is still in use in Romania. The International Gay and Lesbian Human Rights Commission (IGLHRC) is set to publish a report in January 1998, together with Human Rights Watch, detailing the continued and systematic human rights violations against sexual minorities in Romania.
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Russia

GAY BAR RAIDED [WOCKNER173]
Moscow police raided the gay club Chance at the end of July 1997, and beat and arrested 40 people for allegedly being under the influence of illegal drugs. According to gay activists, no drugs were found on any of the people arrested and several of the victims took independent drug tests the next day to prove their innocence. While in detention, those arrested were reportedly access to water and toilets and were insulted with comments such as, "You are fags not humans, and you deserve to be killed."
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Singapore

GAY GROUP DENIED LEGAL STATUS [WOCKNER141,164,178]
Singapore gay group People Like Us was denied registration with the government's Registrar of Societies. Reportedly, no reason was given for the denial. Under Singapore law, any unregistered organization "shall be deemed to be an unlawful society.", and "any person who is or acts as a member of an unlawful society, or attends a meeting of an unlawful society, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 3 years or both."
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South Africa

ANC REAFFIRMS ITS SUPPORT FOR LESBIAN AND GAY EQUALITY
The governing party of South Africa, the African National Congress (ANC) took a resolution in full support of lesbian and gay equality at its 50th National Conference ending December 20, 1997. The resolution calls, among others, for the recognition of same-sex relationships including maintenance, custody, adoption rights; for equal employment opportunities and benefits for lesbian and gay people; for the protection of lesbian and gay youth from discrimination at home, at school, on the streets and in the media; for an equal age of consent; and for the equal right to marry.

SOUTH AFRICAN ACTIVISTS FIGHT AGAINST SODOMY LAWS
In a landmark judgment on August 4, 1997, the Cape High Court of South Africa declared the criminalization of same-sex sodomy in the Western Cape province to be unconstitutional under the new South African Constitution. Mr. Justice Ian Farlam and Mr. Justice S. S. Ngcobo decriminalized same-sex sodomy on the grounds that it undermines equal protection under the law for South Africa's homosexual citizens. The National Coalition for Gay and Lesbian Equality and the Human Rights Commission subsequently introduced an application before the Johannesburg High Court, asking for the decriminalization of sex between consenting adults of the same sex throughout South Africa. A hearing on the matter took place November 25, 1997, but the court has not ruled yesterday. The South African government is unopposed to the application.

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Swaziland

SWAZI GROUP DENIED REGISTRATION [WOCKNER152,154]
Prime Minister Sibusiso Dlamini said March 13, 1997 that the newly formed Gay and Lesbian Association of Swaziland would not receive government recognition. Dlamini used the opportunity to reportedly call homosexuality "an abnormality and a sickness."
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Thailand

GAYS AND LESBIANS BANNED FROM ENROLLING IN TEACHER TRAINING SCHOOLS [ERN9703,WOCKNER142,144,147,178]
On December 26, 1996, in a report in the Bangkok Post, the Rajabhat Institute Council, the collective governing body of all of Thailand's teachers colleges, declared that it would bar homosexuals from enrolling in any of its colleges nationwide. The announcement brought strong criticism from human rights groups and many others, who urged the repeal of this discriminatory policy. By mid-1997, the Rajabhat Institute reportedly lifted its ban on admission of homosexuals to its teacher training campuses, apparently under pressure from foreign bodies such as NGOs. But the institute simultaneously proposed a new rule to keep out what it described as "sexually abnormal" people, to be diagnosed by a fairly subjective test, supposedly developed by the World Health Organization. There is no indication that the World Health Organization has developed any such diagnostic test.
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Turkey

TURKISH TRANSSEXUAL ACTIVIST SUES ISTANBUL'S BEYOGLU POLICE BUREAU FOR POLICE ABUSE [ERN9708,WOCKNER168,170]
Demet Demir, winner of the 1997 Felipa de Souza Award is suing the Beyoglu District Police Bureau for allegedly assaulting her on July 12, 1997, barely two months after her acceptance of the IGLHRC human rights award in recognition of her exemplary activism on behalf of the Turkish transvestite and transsexual communities. Demir's reported assault by the police is emblematic of the situation of transvestites and transsexuals in Istanbul, who have been routinely rounded up from their homes, beaten and evicted. Since Demir's trial started on December 12, 1997, she has been submitted to an increased level of police intimidation. Istanbul police have reportedly posted a twenty-four hour watch outside her house, and harass and sometimes even arrest anyone who attempts to enter or exit her building.
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United Kingdom

EUROPEAN COMMISSION ON HUMAN RIGHTS RULES AGAINST UNEQUAL AGE OF CONSENT
The European Commission on Human Rights issued its ruling October 7, determining that the United Kingdom's unequal age of consent (18 for gay men and 16 for heterosexuals and lesbians) is discriminatory against gay men. The Commission ruled that ""there is no objective and reasonable justification for the maintenance of a higher minimum age of consent to male homosexual, than to heterosexual, acts and that the application discloses discriminatory treatment in the exercise of the applicant's right to respect for private life under Article 8 of the [European] Convention". The British government has agreed not to contest the case while at the same time allowing Parliament a free vote on the question of equalizing the age of consent.

HOME OFFICE RECOGNIZES SAME SEX COUPLES IN ITS IMMIGRATION RULES In its October 13 directive, the Home Office determined that citizens of the UK will be able to sponsor their same-sex partners for immigration, as long as they have been living together in a stable relationship which has subsisted for four years or more; and they intend to continue to do so permanently.

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United States

IMMIGRATION AND WELFARE LAWS COME INTO EFFECT, SEVERELY RESTRICTING OPTIONS FOR GLBT AND HIV-POSITIVE IMMIGRANTS AND REFUGEES
A string of immigration reform and welfare reform laws passed by Congress in 1996 and 1997 took effect, severely restricting the ability of all immigrants to access welfare and other related benefits, as well as closing the door to many undocumented immigrants already residing in the US, by denying them the means to legalize their status. While the new immigration laws do not explicitly mention sexual orientation, their impact on GLBT and PWA immigrant communities has been devastating.

A common remedy called "suspension of deportation, where the immigrant had to show among others "extreme hardship," as well as 7 years of continuos residence in the country was gutted. In its stead, "cancellation of removal" requires a higher standard ("exceptional and extremely unusual hardship"), a longer stay (10 years), and a relation to a US citizen or greencard holder family member (same-sex relationships excepted). In the past, PWAs would use the "suspension of deportation" to gain legal status and access to limited health care benefits. Now, "cancellation of removal" is virtually impossible to attain, and anyhow welfare and health care benefits have been mostly barred, even from documented immigrants.

An additional proviso of the law will take effect April 1, 1998, barring all persons who will have been in the US for over a year from applying for asylum. This new restriction will be particular punitive for GLBT refugees, many of which may need more time to come out and trust a lawyer or an asylum officer; other refugees may not know that asylum based on sexual orientation is an option.

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Zimbabwe

GAY GROUP'S OFFICES RAIDED, ANTI-GAY RHETORIC CONTINUES
While the anti-gay rhetoric by government officials continued, the Gay and Lesbians of Zimbabwe (GALZ) managed to exhibit at the Book Fair, as part of a joint human rights stand sponsored by the 1997 Zimbabwe International Book Fair (ZIBF) organizers. GALZ did not submit an application to officially register as an exhibitor, as past experience in the 1995 and 1996 book fairs showed how strong and violent was the government's opposition to that idea. Three months before the opening of the book fair, GALZ offices were raided by police.

LUTHERAN CHURCH OF THE NETHERLANDS BOYCOTTING MEETING IN ZIMBABWE
The Lutheran Church of the Netherlands will reportedly boycott the World Council of Churches conference in Harare on December 1998, because of the homophobic positions and pronouncements by President Mugabe and his government. President Mugabe has in the past condemned homosexuals as "lower than dogs."

(The International Gay and Lesbian Human Rights Commission (IGLHRC) Fri, 2 Jan 1998
Web: www.iglhrc.org/
Email: iglhrc@iglhrc.org)

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