Gay.Com: Castro daughter champions gay rights

Castro daughter champions gay rights

published Friday, March 28, 2008

The daughter of Cuba's new president is urging the Cuban National Assembly to adopt a law protecting LGBT rights, arguably the most liberal bill of its kind in Latin America.

Mariela Castro, Raul's daughter, is the head of the National Center for Sex Education. The proposed legislation would recognize same-sex unions, including inheritance rights, allow free gender-reassignment operations for transgender people, and allow transgender people to change their identification records without first having to undergo surgery. The bill, however, does not allow adoption for gay couples, nor does it push for marriage equality. "A lot of homosexual couples asked me to not risk delaying getting the law passed by insisting on the word marriage," she said, according to BBC News. "In Cuba marriage is not as important as the family, and at least this way we can guarantee the personal and inheritance rights of homosexuals and transsexuals."

Check out the full article here...

National News: State Department drops ban on HIV-positive diplomats

State Department drops ban on HIV-positive diplomats
By Matthew Lee, Associated Press February 18, 2008

WASHINGTON (AP) -- Under pressure from a lawsuit, the State Department is
changing rules that had disqualified HIV-positive people from becoming U.S.
diplomats.

Effective Friday, the department removed HIV from a list of medical
conditions that automatically prevent foreign service candidates from
meeting an employment requirement that they be able to work anywhere in the
world.

The change was made after consultation with medical experts and in response
to a lawsuit filed by an HIV-positive man who was denied entry into the
foreign service despite being otherwise qualified, the department said..

Prospective diplomats with HIV will now be considered for the foreign
service on a case-by-case basis, along with those with other designated
ailments like cancer to determine if they meet the "worldwide availability"
standard, it said.

Officials denied that the policy had ever intentionally discriminated
against HIV-positive people and noted that the policy had applied only to
incoming diplomats, not those who had contracted the virus or other
diseases while in the foreign service.

"We have a policy requiring that all foreign service officers be worldwide
available as determined by a medical examination at the time of entry into
the foreign service," said Gonzalo Gallegos, a State Department spokesman.
"That has not changed."

The department's chief medical officer had "revised its medical clearance
guidelines on HIV based on advances in HIV care and treatment and
consultations with medical experts," Gallegos said. "The new clearance
guidelines provide that HIV-positive individuals may be deemed worldwide
available if certain medical conditions are met."

The decision was hailed by Lambda Legal, a New York-based group that
advocates for the civil rights of homosexuals, bisexuals, transgender
people and those with HIV and represented the plaintiff in the lawsuit
against the State Department.

"The new guidelines mean that candidates for Foreign Service posts who have
HIV will now be assessed on a case-by-case basis, as the law requires,"
said Bebe Anderson, the organization's HIV project director. "At long last,
the State Department is taking down its sign that read, 'People with HIV
need not apply.'"

The change in policy came less than two weeks before the trial in the
lawsuit brought in 2003 by Lorenzo Taylor, a trilingual international
affairs specialist who passed the difficult foreign service application
process but was rejected after he told the department of his HIV status.

"Now people like me who apply to the Foreign Service will not have to go
through what I did," Taylor said in a statement. "They and others with HIV
will know that they do not have to surrender to stigma, ignorance, fear or
the efforts of anyone, even the federal government, to impose second-class
citizenship on them. They can fight back."

Lambda Legal said the suit had been settled "partly due to the new
guidelines," but the State Department said the policy switch was not part
of the settlement.

"The change simply reflects medical advances in the area of HIV care and
maintenance," Gallegos said.

Copyright 2008 The Associated Press.

International News: Jamaica: Shield Gays from Mob Attacks

Jamaica: Shield Gays from Mob Attacks Widespread Homophobic Violence Shows Failure of Police Protection (New York, February 1, 2008) – A homophobic mob attack in Jamaica that left one man severely injured and another missing and feared dead shows yet again that authorities must take urgent action against violence and hatred, Human Rights Watch said today. This incident is the latest in a string of homophobic mob violence over the last year, including an attack on mourners in a church. “Roving mobs attacking innocent people and staining the streets with blood should shame the nation’s leaders,” said Scott Long, director of the Lesbian, Gay, Bisexual and Transgender Rights Program at Human Rights Watch. “Gays and lesbians in Jamaica face violence at home, in public, even in a house of worship, and official silence encourages the spread of hate.” On the evening of January 29, a group of men approached a house where four males lived in the central Jamaican town of Mandeville, and demanded that they leave the community because they were gay, according to human rights defenders who spoke with the victims. Later that evening, a mob returned and surrounded the house. The four men inside called the police when they saw the crowd gathering; the mob started to attack the house, shouting and throwing bottles. Those in the house called police again and were told that the police were on the way. Approximately half an hour later, 15-20 men broke down the door and began beating and slashing the inhabitants. Human rights defenders who spoke to the victims also reported that police arrived half an hour after the mob had broken into the house – 90 minutes after the men first called for help. One of the victims managed to flee with the mob pursuing. A Jamaican newspaper reported that blood was found at the mouth of a nearby pit, suggesting he had fallen inside or may have been killed nearby. The police escorted the three other victims away from the scene; two of them were taken to the hospital. One of the men had his left ear severed, his arm broken in two places, and his spine reportedly damaged. The attack on these men echoes another incident in the same town on Easter Sunday, April 8, 2007. Approximately 100 men gathered outside a church where 150 people were attending the funeral of a gay man. According to mourners, the crowd broke the windows with bottles and shouted, “We want no battyman [gay] funeral here. Leave or else we’re going to kill you. We don’t want no battyman buried here in Mandeville.” Several mourners inside the church called the police to request protection. After half an hour, three police officers arrived. But instead of protecting the mourners, police socialized with the mob, laughing along at the situation. A highway patrol car subsequently arrived, and one of the highway patrol officers reportedly told the churchgoers, “It’s full time this needs to happen. Enough of you guys.” The highway patrol officers then drove off. The remaining officers at the scene refused to intervene when the mob threatened the mourners with sticks, stones, and batons as they tried to leave the service. Only when several gay men among the mourners took knives from their cars for self-defense did police reportedly take action by firing their guns into the air. Officers stopped gay men from leaving and searched their vehicles, but did not restrain or detain members of the mob. “While Jamaican police have begun to reach out to gay and lesbian communities, this change hasn’t reached many police stations where protection remains an illusion,” said Rebecca Schleifer, advocate on HIV/AIDS and human rights at Human Rights Watch. “These horrifying attacks should galvanize officials to protect all Jamaicans against violence, regardless of who they are.” Two other mob attacks last year reinforced the fears of gay and lesbian Jamaicans. On April 2, 2007, a crowd in Montego Bay attacked three men alleged to be gay who were attending a carnival. The men took to a stage to dance during the revelry, but the mob began throwing bottles and stones at them. Witnesses said the crowd chased the men down the street, slashed one man with knives and beat him with a manhole cover. According to local press reports, at least 30 or 40 people beat another man as he sought refuge in a bar, tearing his clothes from him and striking him as he bled severely from a head wound. In this case, police did intervene in an attempt to protect the men, but were overpowered by the mob. They were able to transport at least one victim to the hospital only after backup forces arrived more than 20 minutes later. On February 14, 2007, a mob in Kingston attacked four men, including the co-chair of t the Jamaica Forum for Lesbians, All-Sexuals and Gays (JFLAG). The men took refuge in a store in Tropical Plaza on Constant Spring Road in Kingston, while a crowd of at least 200 people gathered outside, calling for the men to be beaten to death because they were gay. The men called local police, as well as Human Rights Watch. When officers arrived, instead of protecting them, they verbally abused the victims, calling them “nasty battymen,” and struck one in the face, head, and stomach. They took the men to Halfway Tree Police Station in Kingston, but refused to take their complaints and ordered them never to return to the station. In 2007, Human Rights Watch wrote to then-Prime Minister Portia Simpson-Miller and Peter Phillips, minister of national security, calling for an investigation into all the reported violence, as well as protection of witnesses from threats or reprisals. Human Rights Watch has received no response from the government to any of this correspondence.

http://hrw.org/english/docs/2008/02/01/jamaic17957.htm

International News: South Korea's Liberal LGBT Policies Regress

The president of South Korea, Mr. Lee Myung-bak, has become a critic of the country's past LGBT policies. Mr. Lee Myung -bak is now listening to anti-LGBT activists and changing policy with his new Anti-Discrimination Bill.

Here is IGLHRC'S overview on the bill and issue:

Overview

South Korea’s policies on LGBTQ issues have
been relatively progressive. The country
prohibited employment discrimination based on
sexual orientation in 2001, and permitted people
who had undergone gender reassignment surgery
to get personal documents reflecting their
changed gender identity in 2006. But
homophobia persists and LGBTQ activists
continue to fight discrimination in schools and in
the military. Many gay websites remain
censored.

The country’s LGBTQ movement is currently
strategizing about how to stall a negative
decision on the proposed anti-discrimination bill,
which, in its most recent draft, eliminates seven
protected categories including sexual orientation.
The LGBTQ movement is also contemplating
how to weather the next five years under the
administration of newly elected ultra-
conservative President, Mr. Lee Myung-bak.

---------------------------------------------------------
Here is the link to the full report: http://www.iglhrc.org/files/iglhrc/program_docs/Regional%20Update-Korea.pdf

Action: Cameroon Action from Headquarters

Urgent Action: Call for Release of 11 Men and Decriminalization of Homosexuality in Cameroon

January 2008

Eleven men were arrested and detained in Cameroon between 19^th July and 1^st September 2007 because they were suspected of engaging in acts of homosexuality. Sexual relations between two people of the same sex are illegal in Cameroon. The 11 men were arrested in the cities of Douala and Yaoundé where they remain in custody. Amnesty International considers the detainees to be prisoners of conscience, detained solely on account of their presumed sexual orientation, and is calling for their immediate and unconditional release as well as for the decriminalization of homosexuality in Cameroon. The continued detention of the men on this basis contravenes the rights to freedom from discrimination, privacy and freedom of assembly and association, as guaranteed by the international and regional human rights treaties to which Cameroon is a party.

Between 19 and 21 July 2007, police arrested six men at various public places in the city of Douala accusing them of engaging in acts of homosexuality. The arrests followed a woman’s allegations of theft and alleged homosexual acts against her two juvenile cousins. The two were arrested, questioned and later released. After their interrogation by the police, three other men were also arrested on suspicion of having engaged in acts of homosexuality. An additional three men were also arrested for the same reasons.

On 25 July 2007, the 6 men were transferred to Douala’s central prison. In addition to charges of homosexuality men were also accused of committing “sodomy” and “corrupting youth” in violation of the provisions of sections 344, 346 and 347 of the Cameroonian Penal code. One of the detainees was also accused of committing an indecent assault with a 16-year-old boy.

On 16 August 2007, two men were arrested in Yaoundé. According to sources, it was close to 4 am when the police broke down the door of the room where the men were sleeping. The policemen asked them to remove their clothes before telling them they were being arrested because they had been caught having sex. Their case was transferred to the Attorney General on 20 August 2007. According to their lawyer, the men were subjected to anal examinations to determine if they had engaged in sexual acts.

On 30 August 2007, at around 5:45 AM, three men were arrested by a police patrol in Douala. The men were found fighting over a TV set and a DVD player. According to the police report one of the accused had solicited sex from the other two men in exchange of 25,000CFA (equivalent of US$ 50) and a fight began after a dispute over the payment. The three men were charged with same-sex sexual relations by the Attorney General at the Douala Public Prosecutor’s Department. They appeared at Douala 1st Instance Tribunal on 7 November 2007, on 2 January and on 8 January 2008 and pleaded not guilty. On 9 January 2008, the Tribunal convicted and sentenced the three men to 6 months imprisonment with hard labor and fines ranging from US $54 to US $100.

RECOMMENDED ACTION: Please send appeals in French, English or your own language:

• expressing concern for the eleven detainees on trial in the capital, Yaoundé, on charges of practising homosexuality;
• stating that Amnesty International believes that they are prisoners of conscience, detained solely because of their alleged sexual orientation;
• asking the authorities to order an immediate halt to the trial of these detainees on charges based on their suspected or known sexual orientation;
• urging the authorities to release the detainees immediately and unconditionally and to respect their right to freedom of association in accordance with international human rights treaties, such as the International Convention on Civil and Political Rights and under the African Convention for Human and People’s Rights, to which Cameroon is a party;
• calling on the authorities to ensure that the detainees are not subjected to anal examinations or any other form of cruel, inhuman or degrading treatment;
• calling on the authorities to ensure that the detainees are allowed access to their families, lawyers and any medical attention they may require.

ADDRESS APPEALS TO:

Minister of Justice

Mr Amadou Ali

Deputy Prime Minister

Minister of Justice

Yaoundé

Cameroon

Salutation: Dear vice-Prime Minister/ Monsieur

le Vice-Premier Ministre

WITH COPIES TO :

Minister of Interior

Mr Marafa Hamidou Yaya

Minister of Territorial Administration Decentralization

Ministry of Territorial Administration Decentralization

Yaoundé

Cameroon

Salutation: Dear Minister/Monsieur le Ministre

Director of Kondengi prison

Monsieur le Directeur

Prison Centrale de Kondengui,

BP 100, Yaoundé- Province Centrale.

Cameroon

…and to diplomatic representatives of Cameroon in your country.

PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat, or your Amnesty International section office, if sending appeals after 31 March 2008.

News: 365.com Reporting Al Gore Voices Support for Gay Marriage

Al Gore Voices Support For Gay Marriage
by 365Gay.com Newscenter Staff
Posted: January 23, 2008 - 5:00 pm ET

(New York City) Former Vice President Al Gore has come out in favor of
same-sex marriage.

"I don’t understand why it is considered by some people to be a threat to
heterosexual marriage to allow it by gays and lesbians," Gore said in a
posting on his person blog in the Current.com website.

"Shouldn’t we be promoting the kind of faithfulness and loyalty to one’s
partner regardless of sexual orientation?"

Current is the news network founded by Gore.

"[T]he loyalty and love that two people feel for one another when they fall
in love ought to be celebrated and encouraged and shouldn’t be prevented by
any form of discrimination in the law," Gore said in the video posting.

In 2000 when he ran for president Gore said he supported civil unions or
contracts but not marriage.
His turnaround was hailed by gay Democrats.

"We applaud Vice President Gore for firmly stating his support for allowing
same-sex couples the freedom to marry. It is a position which some would
still call courageous, but which a new generation of Americans would call
common sense," said Jon Hoadley, Executive Director of National Stonewall
Democrats.

"Vice President Gore has demonstrated leadership on this subject, and we
encourage all Democratic leaders who restrain their consciences out of
political expediency to demonstrate their leadership as well."
None of the frontrunners seeking the Democratic nomination for president
supports same-sex marriage.

"Clearly, the environment is not the only thing that Al Gore is right
about," said Sean Kosofsky a spokesperson for Triangle Foundation,
Michigan's largest LGBT rights group.

In New Jersey, where gays are pressing the legislature for same-sex
marriage, Garden State Equality said Gore's remarks made him the
highest-ranking public figure in the United States to endorse marriage
equality for same-sex couples.

New Jersey allows civil unions but Garden State Equality says it has
received complaints from 512 couples since the law took effect on February
19, 2007 that employers are not respecting their civil unions because civil
unions are not marriage.

Nearly 100 civil-unioned couples and other witnesses recently testified
about the failure of the civil union law over eight hours of hearings of
the New Jersey Civil Union Review Commission, which will release its first
interim report on Tuesday, February 19, 2008, the one-year anniversary of
the law.

"Al Gore gets it in a way that the others don't," said Steven Goldstein,
chair of Garden State Equality.

"In the real world, civil unions don't give same-sex couples the rights and
benefits of marriage, because employers view civil unions as inferior. In
New Jersey, the failure of employers to recognize civil unions like
marriage has resulted in a failure rate of our civil union law of at least
1 in every 5."

Legislation to allow gays and lesbians to marry in Maryland will be
introduced on Friday.

The issue of same-sex marriage will be argued in the California Supreme
Court later this year, and in Vermont, the first state to allow civil
unions, a committee set up by lawmakers will deliver its report on whether
to convert civil unions to marriage sometime this spring.

Massachusetts is the only state where same-sex marriage is legal.

©365Gay.com 2008 [source]

Action: 11 Men Arrested for Homosexual Conduct in Cameroon

FRESH OUT OF AIUSA:
Eleven men were arrested and detained in Cameroon between 19 July and 1st September 2007 allegedly because they were suspected of engaging in acts of homosexuality. Sexual relations between men are illegal in Cameroon. The 11 men were arrested in various places in the cities of Douala and Yaoundé and remain in custody at Douala’s New Bell central prison and Yaoundé’s Kondengui central prison. Amnesty International considers the detainees to be prisoners of conscience, detained solely on account of their presumed sexual orientation, and is calling for their immediate and unconditional release.

Amnesty International USA is relying on people like me and you to spread the word and take action on this case. It literally takes less than two minutes and is sure to make a difference. Countries like Cameroon often fold to international pressure so the more letters and e mails they receive will be the difference between freedom or unjust imprisonment for these 11 men.

Visit this link to take action: link

In Solidarity,
Eleazar

News: Kuwait Arresting people who “imitate the appearance of the opposite sex”

Pink News:
Kuwaitis arrested for "impersonating opposite sex"
18th January 2008 11:10
Tony Grew
A leading human rights charity has drawn attention to the plight of more than a dozen people arrested and jailed under new "dress code" laws in Kuwait.

Human Rights Watch has called for them to be released.

The law was approved by the National Assembly on December 10th 2007. It criminalises people who "imitate the appearance of the opposite sex."

"The wave of arrests in the past month shows exactly why Kuwait should repeal this repressive law," said Joe Stork, deputy director of the Middle East division at HRW.

"Kuwaiti authorities should immediately drop all charges against those arrested, and investigate charges of ill-treatment in detention."

Security officials have arrested at least 14 people in Kuwait City since the National Assembly approved an addition (Article 199 bis) to Article 198 of the Criminal Code.

The amendment states that "any person committing an indecent act in a public place, or imitating the appearance of a member of
the opposite sex, shall be subject to imprisonment for a period not
exceeding one year or a fine."

The only known targets of the new Kuwaiti law have been transgender people.

Kuwait allows transgender people neither to change their legal identity to match the gender in which they live, nor to adapt their physical appearance through gender reassignment surgery.

The new law, coming after months of controversy, aims at further restricting their rights and completely eliminating their public presence.

In September 2007, the newspaper Al Arabiya reported a new government campaign to "combat the growing phenomenon of gays and transsexuals" in Kuwait.

Human Rights Watch:
Kuwait: Repressive Dress-Code Law Encourages Police Abuse
Arrests Target Transgender People

(New York, January 17, 2008) – Authorities should immediately release more than a dozen persons jailed under Kuwait’s new dress-code law, Human Rights Watch said today. The law, approved by the National Assembly on December 10, 2007, criminalizes people who “imitate the appearance of the opposite sex.” Read full story here

Event: Day of Silence

DAY OF SILENCE, April 25, 2008: The Day of Silence is an annual event held to bring attention to anti-LGBT bullying, harassment and discrimination in schools. Students and teachers nationwide will observe the day in silence to echo the silence that LGBT and ally students face everyday. The Day of Silence is one of the largest student-led actions in the country.

For more information about this annual event visit the website: http://www.dayofsilence.org/

Pink News: Cameroon men get six months jail for being gay

16th January 2008 18:35
PinkNews.co.uk staff writer

Three men have been sentenced to six month hard labour for being homosexual.
The men were arrested in Bonapriso, Douala, on August 31st 2007 by police officers making random arrests in search of armed robbers.
After being beaten at the police station, one of the men confessed to being homosexual and implicated his two colleagues.
"As soon as the shadow of homosexuality enters into a case due process goes out of the window," commented International Gay and Lesbian Human Rights Campaign Programme Associate Joel Nana, who has been monitoring the cases.
The three men's lawyer said she would appeal the convictions and none of the men had been found guilty of homosexual acts.
Article 347 of the country's penal code prohibits consensual same-sex relationships. The men have been held in jail since August.
People currently detained on grounds of homosexuality all have cases riddled with irregularities and have been subject to procedures that are inconsistent with the new Cameroonian code of penal procedure.
After arrest, alleged homosexuals are detained for investigation for longer time periods that the law prescribes.
If they are lucky enough to find a lawyer, then they undergo an endless number of trials.
"This is a tactic that the court frequently uses in the cases of gay men and lesbians," said Sebastien Mandeng, human rights researcher at Alternatives-Cameroon, the national LGBT organisation.
"They needlessly prolong the process with no legal justification in order to unofficially punish and imprison the accused."
More than 30 people have been arrested in Cameroon in the last two years on charges of homosexuality, despite an October 2006 ruling by the United Nations that such arrests to be arbitrary and unfair.
Dozens of students, particularly girls and young women, have been expelled from schools as result of their real or perceived sexual orientation.
Alternatives-Cameroun has documented the cases of more than 13 other men currently being detained in Cameroon under Article 347.
The United Nations Working Group on Arbitrary Detention has declared that detention on the basis of sexual orientation in Cameroon constitutes an arbitrary deprivation of liberty contrary to the International Covenant on Civil and Political Rights (ICCPR).
The UN human rights body called on the government of Cameroon to adopt necessary measures to remedy the situation, including the possible repeal of Article 347.
The human rights groups Alternatives-Cameroun, Amnesty International, IGLHRC, Les Pantheres Rose, and OUT are calling for the repeal of Article 347, the release of all individuals detained under this law, and an end to official discrimination based on sexual orientation in Cameroon.

Yogyakarta Update: Brazil, Argentina, Uruguay and The UN Launch Human Rights Principles That Address Sexual Orientation and Gender Identity

U.N Launch of the Yogyakarta Principles in NYC
Brazil advances in the international fight for LGBT rights
12/11/2007

Following Brazil’s formal submission of a Resolution on Human Rights and Sexual Orientation to the UNO Human Rights Council in 2003, an international coalition of LGBT and Human Rights organizations was formed to provide support to this initiative.

Despite Brazil having withdrawn the Resolution in 2005 owing to pressure on its economic agenda and insufficient support from the voting member states on the Council, many actions have continued to be undertaken aimed at gaining force in Latin America by involving other countries from the Region.

At the same time, actions of a more global nature have been developed by means of networking. Among them are the Principles of Yogyakarta, an important resource regarding the application of international human rights legislation to issues relating to sexual orientation and gender identity

On November 7th, at the United Nations headquarters in New York, the Brazilian government together with the Argentine and Uruguayan governments and the following non-governmental organizations: ARC-International; Center for Women’s Global Leadership; Global Rights; Human Rights Watch; International Commission of Jurists; International Gay and Lesbian Human Rights Commission; ILGA - International Lesbian and Gay Association and the International Service for Human Rights launched the Principles as part of an important action coordinated by civil society in partnership with the governments of the global south.

ABGLT – The Brazilian Gay, Lesbian, Bisexual and Trans Association, through its LGBT Rights in the Mercosul project, coordinated by Alexandre Boer (SOMOS/Porto Alegre) and Beto de Jesus (IEN/São Paulo), representative of ILGA – International Lesbian and Gay Association for Latin America and the Caribbean, have articulated the Brazilian government’s support for this initiative, in addition to obtaining the support of the President’s Office Special Department for Human Rights to publish the Principles of Yogyakarta in Portuguese for national distribution. In partnership with Sonia Correa from the NGO ABIA and Sexuality Policy Watch, who was co-chair of the meeting in Indonesia, the Principles have been launched in the Brazilian cities of Rio de Janeiro, Nova Iguaçu, Porto Alegre and São Paulo, with the participation of local NGOs.

According to Beto de Jesus, “the initiative by the Brazilian Government to provide support is the fruit of the discussion on the Principles of Yogyakarta begun in the IX Meeting of High-level Authorities on Human Rights in the Mercosul and Associated States held in Montevideo in August, and also ABGLT’s consolidated work with the various levels of the Brazilian government”.

Boris Dittrich, HRW’s Director of Advocacy, visited Brazil and the end of August and made arrangements with the Brazilian government to consolidate the launching of the Principles in New York with the support of ABGLT and ILGA.

Toni Reis, AGBLT’s president, said “we have reached a very important moment, since ABGLT, as well as being active in Brazil, is taking on an important role internationally in the southern bloc of countries”.

Beto de Jesus is in New York this week for the launch of the Principles of Yogyakarta and also to articulate with Brazil’s Permanent Mission to the United Nations regarding strategies for the next meeting of UNO’s NGO Committee, when ABGLT’s application for ECOSOC consultative status will be analysed. With this status, ABGLT will have the right to speak in its own name when participating in UNO activities.

Contacts:
Beto de Jesus (11) 8452-3335 betojesus@uol.com.br
Toni Reis (41) 9602-8906 presidencia@abglt.org.br

News: Bad News from Morocco

Morocco court upholds jail for 6 for homosexual acts
Tue 15 Jan 2008, 21:00 GMT

RABAT, Jan 15 (Reuters) - A Moroccan appeal court on Tuesday upheld the convictions of six men jailed for homosexual acts after video images of a man dressed as a woman dancing at a party sparked street protests and a police investigation, lawyers said.

The six were arrested in late November after rumours spread that a party they had held in the northern town of Ksar el Kebir was really an illegal gay wedding.

The national press pounced on the story, and Islamist groups condemned what they saw as an attack on public morals and demanded an official investigation.

Hundreds of angry residents marched through Ksar el Kebir to demand "justice" and put pressure on the authorities to hand out harsh sentences.

The six men were found guilty and given jail sentences by a lower court last month. They had all pleaded not guilty.

The appeal court upheld a 10-month sentence against the party's alleged organiser, identified as F., for homosexuality and the illegal sale of alcohol, defence lawyer Mohamed Sebbar said.

The five others had their jail terms cut to between two and four months from between four and six months, he said. All six had pleaded not guilty to the charges.

"It's a very severe judgment because this case is empty," said Sebbar. "There is no proof that these men practised homosexuality in the affair of Ksar el Kebir."

"Lewd or unnatural acts" between people of the same sex are crimes under Moroccan law and those found guilty face between six months and three years in jail and a fine of up to 1,000 Moroccan dirhams ($130).

Amnesty International said it considered the men to be prisoners of conscience and called for their immediate release.

"We're also concerned for their safety," said Amnesty's Benedicte Goderiaux. "Some of them should get out of prison within about 15 days -- what will happen to them after all the public threats against them?"

Creating Change National Conference Feb 6-10th/Detroit

Let me know if you are interested in attending. I need roommates! blogazar

Action: Morocco Update

A hearing for the six men jailed in Morocco was held on Tuesday Jan 8th. The hearing last about 4 hours and no verdict was announced. The Appeal Court announced that it will issue its verdict next Tuesday, 15 January 2008. Please continue to send your appeals to the Moroccan Embassy until the 15th! -Eleazar

Continue Sending your Faxed letters to the Morocco Embassy until then!

Action: Morocco/ Western Sahara

Amnesty International: Morocco/ Western Sahara: Appeal on behalf of six men convicted of practicing homosexuality- continue action through 1/15/2008

Fax Appeals to: Moroccan Embassy - USA: Fax: (202) 265-0161.

AI CONCERN:
Prisoners of conscience; discrimination on the basis of sexual orientation; violation of the right to privacy, the right to freedom of conscience and the right to freedom of expression.
SUMMARY:
Six men found guilty of practicing homosexuality in Morocco/ Western Sahara and convicted to prison sentences ranging from four to 10 months on 10 December 2007 have their appeal trial date fixed for 8 January 2008. Amnesty International is calling for the sentences to be overturned and for the immediate and unconditional release of those convicted solely on the basis of their presumed sexual orientation.
CASE DETAILS:
Fouad Friret and five other men were arrested between 23 and 25 November 2007 in Ksar El Kebir, a small city in northern Morocco, following public denunciations that a private party held by the men on 18 and 19 November was simulating a gay marriage. A video of the party was circulated on the internet website Youtube and prompted some local newspapers and Islamist parties to denounce �perverse acts� and to call for the participants in the party to be punished. Hundreds of angry local inhabitants took to the streets and on one occasion marched to the house where the private party had been held, which led the house owner to take refuge at the local police station. The six men were charged under Article 489 of the Moroccan Penal Code, which punishes �lewd or unnatural acts with an individual of the same sex� with up to three years� imprisonment and a fine of up to 1,200 dirhams (about USD 150).

At the trial, all six men maintained their innocence of the charges. All denied that they had engaged in same-sex sexual relations during the party on 18 and 19 November. The Youtube video was broadcast at the trial but did not present any evidence of �lewd or unnatural acts with an individual of the same sex�.

Despite the lack of evidence, the men were found guilty and sentenced to prison terms and fines. Three men were sentenced to six months� imprisonment and two others to four months� imprisonment. Fouad Friret, the house owner, was sentenced to 10 months� imprisonment on account of homosexual conduct and for allegedly selling alcohol illegally.

Amnesty International considers that the use of laws to imprison individuals for same-sex relations in private is a grave violation of human rights. Article 489 of the Moroccan Penal Code contravenes Morocco�s international human rights obligations under the International Covenant on Civil and Political Rights (ICCPR), which protects the rights to freedom of expression (article 19), freedom from arbitrary interference with the right to privacy (article 17) and freedom of conscience (article 18). It affirms the equality of all people before the law and the right to freedom from discrimination (articles 2 and 26). In the landmark 1994 case of Toonen v Australia, the United Nations Human Rights Committee, which monitors states� compliance with the ICCPR, held that sexual orientation should be understood to be a status protected from discrimination under these articles. States cannot limit the enjoyment of human rights on the basis of sexual orientation. The UN Human Rights Committee has since urged states not only to repeal laws criminalizing homosexuality but also to enshrine the prohibition of discrimination based on sexual orientation into their constitutions or other fundamental laws.

Fax Appeals to: Moroccan Embassy - USA: Fax: (202) 265-0161

Cut and Paste this letter text:

[ENTER DATE HERE]

His Excellency Aziz Mekouar
Ambassador to the United Sates
Embassy of The Kingdom of Morocco
1601 21st Street, NW
Washington, DC 20009
Fax: (202) 265-0161

Dear Ambassador Mekouar,

I am writing to express my deep concern that in your country six men were convicted to prison sentences, apparently based on their alleged sexual orientation on December 10^th 2007 by the court of first instance in the city of Ksar El Kebir.

I find it reprehensible that the men were found guilty under Article 489 of the Moroccan Penal Code, which criminalizes same-sex relations, especially since these allegations were not proved conclusively in court. It may be prudent to remember that Article 489 is in direct opposition to Morocco’s international human rights obligations under the International Covenant on Civil and Political Rights (ICCPR), including the right to freedom of expression (article 19), freedom from arbitrary interference with the right to privacy (article 17) and freedom of conscience (article 18). It affirms the equality of all before the law and the right to freedom from discrimination (article 2 and 26). The conviction of the six men from Ksar El Kebir stands in direct opposition to these rights.

I therefore respectfully call for Moroccan authorities to facilitate the unconditional release of the six men from prison (including a dismissal of all charges) and to ensure their safety from public threats of violence. I also urge Moroccan authorities to align their national legislation with their international human rights obligations.

I thank you for your time and depend on your urgent attention to this matter.
Sincerely,
[your name here]

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