International News: IGLHRC: Arrests of Gay Men in Senega

For Immediate Release Contact: Hossein Alizadeh, IGLHRC Communications Coordinator, 212-430-6016 (New York, Monday February 4, 2008)- In a letter to Senegalese Minister of Justice, the International Gay and Lesbian Human Rights Commission (IGLHRC) and PAN-Africa ILGA have demanded the immediate and unconditional release of up to 20 gay men believed to have been arrested on suspicion of homosexuality in Senegal in the past week. At least 7 and perhaps as many as 20 gay men have been arrested in Dakar, the Senegalese capital, since the morning of Sunday 3 February after a popular local magazine, Icones, published photographs of a marriage ceremony between two Senegalese men. The wedding is believed to have taken place in a discrete location in Dakar more than a year-and-a-half ago. Sources report that the photographs were sold to the sensationalist magazine by the photographer for 1,500,000 ($3000) CFA francs. The arrests were reportedly undertaken upon the orders of Mr. Asane Ndoye, head of the Senegalese Police’s Division of Criminal Investigation. It is unclear where the men and women are being held. “Mass arrests of people simply because they are gay terrorize the entire community,” said Paula Ettelbrick, IGLHRC’s executive director. “The inhuman treatment of gay men and lesbians must stop. We call upon the world community to enforce international human rights law.” The U.N. Human Rights Committee affirmed in its decision in Toonen v. Australia (1994) that existing protection against discrimination in Articles 2 and 26 of the International Covenant on Civil and Political Rights (ICCPR) incorporates sexual orientation as a protected status. “We are afraid for our lives, especially those of us shown in the photographs,” said Jean R., a Senegalese gay activist who spoke to ILGA and IGLHRC from a hotel where he is seeking refuge. “Some of us have gone into hiding and others are fleeing the country.” Senegal is one of the few Francophone African countries that penalize homosexuality. Under Article 3.913 of the Senegalese penal code, homosexual acts are punishable by imprisonment of between one and five years and a fine of 100,000 ($200) to 1,500,000 ($3,000) CFA francs. While there are occasional arrests and convictions of gay men under the Article, social stigma and blackmail are the most prevalent abuses faced by gay men in the country. “Many consider Senegal to be one of the most progressive African countries on the issue of homosexuality,” said Joel Nana, IGLHRC’s Program Associate for West Africa. “The government has included a commitment to fighting HIV among men who have sex with men in its national AIDS response plan since 2005. That’s why we found these arrests to be very distressing.” Senegal has strong political and economic ties to a number of conservative Islamic governments and institutions, and will be hosting the summit of the Organization of Islamic Conference in March. The OIC has invested heavily in the rehabilitation of Dakar’s infrastructure in preparation for the Summit. Under the circumstances, IGLHRC and Pan-African ILGA expressed concern as to whether Senegal is well-suited to host the upcoming International Conference on AIDS and STIs in Africa (ICASA), scheduled to take place in Dakar in December 2008. “There will be no room for an open and inclusive discussion on the human rights dimensions of HIV in the face of such harassment,” said Danilo da Silva, co-chair of Pan-African ILGA, a federation gathering over 40 lesbian and gay groups from all parts of Africa. “We expect more from a leading country like Senegal.” ##.

IGLHRC: Unspoken Facts: New Publication on LGBT in Africa by GALZ and Marc Epprecht

Click here to learn more about this publication.

International Gay and Lesbian Human Rights Commission: Bolivia Action

SUPPORT THE PROPOSAL FOR THE NEW BOLIVIAN CONSTITUTION

SUMMARY

On December 15, 2007, the Bolivian Constituent Assembly unveiled the final and definitive text of the new Bolivian constitution. Article 14, paragraph II, of the document states explicitly that: "The State prohibits and punishes all forms of discrimination based on sexual orientation [and] gender identity." If this text of the Bolivian constitution is ratified, Bolivia will be the first country in the world to protect gender identity-related concerns. Also, Article 66 of the new constitution says that, "Men and women are guaranteed the exercise of their sexual and reproductive rights."

Take action here

International Gay and Lesbian Human Rights Commission: Peru Action

ACTION ALERT: ASK THE PERUVIAN CONGRESS TO RECOGNIZE THE RIGHT OF YOUNG HOMOSEXUALS TO NON-DISCRIMINATION

SUMMARY

The Peruvian Congress is debating joining the Ibero-American Convention on the Rights of Youth (Spain, 2005) that seeks to promote and safeguard the rights of young people. The Convention also seeks to remedy the inequality that thousands of young people confront for a variety of reasons, including for having a sexual orientation different from heterosexuality. But the Foreign Relations Committee of the Congress of Peru has raised concerns in this respect, and opposes the rights of lesbian, gay, bisexual and transgender (LGBT) people.

Read full story and take action here

News: Iranian Executed for Sodomy Committed at Age 13

Iranian Queer Organization – IRQO
Formerly Persian Gay & Lesbian Organization – PGLO
www.irqo.net

(New York, Wednesday December 5, 2007) - The International Gay and Lesbian Human Rights Commission (IGLHRC) has learned today that despite an order by the Iranian Chief Justice to nullify his death sentence, Mr. Makvan Mouloodzadeh was executed in Kermanshah Central Prison at 5 a.m. this morning, Iranian time. Neither Mr. Mouloodzadeh's family or his lawyer were told about the execution until after it occurred. IGLHRC is still investigating the facts in this case.

"This is a shameful and outrageous travesty of justice and
international human rights law," said Paula Ettelbrick, IGLHRC's executive
director. "How many more young Iranians have to die before the international community takes action?" Mr. Mouloodzadeh was a 21-year-old Iranian citizen who was accused of committing anal rape (ighab) with other young boys when he was 13 years old.

However, at Mr. Mouloodzadeh's trial, all the witnesses retracted their pre-trial testimonies, claiming to have lied to the authorities under duress. Makvan also told the court that his confession was made under coercion and pleaded not guilty.

On June 7, 2007, the Seventh District Criminal Court of Kermanshah in Western Iran found him guilty and sentenced him to death. Despite his lawyer's appeal, the Supreme Court upheld his death sentence on August 1, 2007. The case caused an international uproar, and prompted a letter writing campaign by IGLHRC and similar actions by Amnesty International, Human Rights Watch, Outrage! and Everyone Group.

In response to mounting public pressure, and following a detailed petition submitted to the Iranian Chief Justice by Mr. Mouloodzadeh's lawyer, the Iranian Chief Justice, Ayatollah Seyed Mahmoud Hashemi Shahrudi, nullified the impending death sentence of Mr. Mouloodzadeh.

In his November 10, 2007 opinion (1/86/8607), the Iranian Chief Justice described the death sentence to be in violation of Islamic teachings, the religious decrees of high-ranking Shiite clerics, and the law of the land. In accordance with Iranian legal procedure, Mr. Mouloodzadeh's case was sent to the Special Supervision Bureau of the Iranian Justice Department, a designated group of judges who are responsible for reviewing and ordering retrials of flawed cases flagged by the Iranian Chief Justice.

However, in defiance of the Chief Justice, the judges decided to ratify the original court's ruling and ordered the local authorities to carry out the execution. Mr. Mouloodzadeh's execution came days after a panel
at the UN General Assembly passed a resolution calling for a moratorium on the death penalty.