On 10 April 2013 human rights defender and LGBTI activist, Mr Paul Kasonkomona was due to appear in court to challenge his arbitrary detention, three days after being arrested in connection with a live TV interview in which he called for the decriminalization of same-sex relations in Zambia. Despite legal arrangements prohibiting preventive detention without formal charges beyond 48 hours, and contrary to the promise given by Zambian authorities, the human rights defender is yet to appear in court. Paul Kasonkomona is a prominent human rights defender working for Engender Rights Centre for Justice, a local human rights group focusing on the rights of sexual minorities in Zambia, and running campaigns in support of the rights of gay people, sex workers, and people living with HIV/Aids.
The human rights defender was the evening guest for the program, “The Assignment” run by Muvi TV, an independent TV station operating from Lusaka. During the TV program, Paul Kasonkomona focused on the need for improved access to health care by sex workers, prisoners and sexual minorities. The allegations over which Kasonkomona is being held remain unclear as he has not been formally charged. However, a police official has been quoted as suggesting that the charges against the human rights defender are related to “inciting the public to take part in indecent activities.”
Front Line Defenders believes that Paul Kasonkomona has been detained as a result of his legitimate and non-violent activities in defence of human rights.
The ongoing session 22nd of the UN Human Rights Council has many interesting issues that relate directly or indirectly to human rights defenders. One of the organizations that provides regular comments is the International Service for Human Rights (ISHR) in Geneva. Below is an example and anyone interested to follow developments should subscribe: http://www.ishr.ch/council
On Thursday 28 February 2013, the High Commissioner Mrs Pillay presented her annual report, outlining a number of thematic priorities, including tackling discrimination on all grounds, ensuring accountability for human rights violations, and strengthening human rights mechanisms. Following the presentation of the report a number of States took the floor to respond. The High Commissioner faced criticism from States unhappy with her highlighting of particular country and thematic situations of concern during her annual update to the Human Rights Council. Her call on States to ensure that no individual faces discrimination on the grounds of sexual orientation and gender identity, was met once again with categorical denial by the Organisation of Islamic Cooperation OIC that any such responsibility exists in international human rights law. The OIC reproached the High Commissioner for promoting a notion that is ‘outside the framework of international human rights law’. The OIC has expressed this position many times previously, but it is increasingly anachronistic given the mounting acceptance at the Council that discrimination on the basis of sexual orientation and gender identity as shown by its adoption of a resolution on this subject in June 2011 and subsequent holding of a panel discussion. Read the rest of this entry »
The first side event “Killings and Violence against Women based on Sexual Orientation and Gender Identity” will take place on 5 March 2013 (16h30) at the Armenian Convention Center
630 2nd Avenue (at 35th street)
Panelists
TAMARA ADRIAN (Venezuela)
General Director of Diverlex Diversidad e Igualdad a Través de la Ley,
World Trans Secretary of ILGA
MONICA TABENGWA (Botswana)
Africa Researcher, LGBT Program, Human Rights Watch
Legislative restrictions on “homosexual propaganda” threaten LGBT human rights defenders says the International Commission of Jurists (ICJ) in Geneva which is concerned by the growing number of laws and legislative proposals in a variety of countries that severely threaten the work of lesbian, gay, bisexual and transgender (LGBT) persons and human rights defenders. Ahead of the 22nd session of the Human Rights Council the ICJ today (27 February 2013) submitted a written statement to the UN encouraging the Human Rights Council’s Special Rapporteur on the situation of human rights defenders to follow up on these laws and legislative proposals. Pointing to unlawful restrictions on the freedoms of association and assembly, and the freedom of expression, in several countries (including Uganda, Ukraine and the Russian Federation), the ICJ encourages the Special Rapporteur to call on governments to protect these rights for everyone and to ensure that any restrictions comply with the requirements of legality, of necessity and proportionality and of non-discrimination on all grounds. Moreover, in the case of laws or legislative proposals that fail to comply with these requirements, Governments should take appropriate action.
To download the statement, go to the press announcement:
Human Rights Watch issues a video and press release concerning a series of death threats made over the last four months to two lawyers who represent clients accused of homosexual conduct. Human Rights Watch on 13 February 2013 sent an open letter to President Paul Biya. Read the rest of this entry »
A draft law to criminalise “homosexual propaganda”, currently being considered by the Russian parliament, flagrantly violates international human rights laws and standards, says the International Service for Human Rights (ISHR). The ISHR is particularly concerned that the law will be used to target, intimidate or harass human rights defenders and those who speak out on the rights of lesbian, gay, bisexual, transgender and intersex people. “States have an obligation not only to respect and protect human rights, but also to respect and protect those who stand up and speak out for human rights. Russia’s draft law is manifestly incompatible with this obligation,” said Ms Collister of the ISHR.
ISHR’s statement comes as three United Nations Independent human rights experts have also called on Russian parliament to scrap the draft Bill. In a joint statement issued by the Special Rapporteur on freedom of opinion and expression, the Special Rapporteur on human rights defenders and the Special Rapporteur on the right to health, the experts state, “The draft legislation could further contribute to the already difficult environment in which these defenders operate, stigmatizing their work and making them the target of acts of intimidation and violence, as has recently happened in Moscow.”
For further comment, contact Heather Collister, International Service for Human Rights, on + 41 79 920 3805 or h.collister@ishr.ch.
In December 2012, the Stockholm-based NGO Civil Rights Defenders wrote a letter to the Swedish Foreign Minister, Carl Bildt, and urged him to demand stronger protection for human rights defenders in Kosovo. Civil Rights Defender’s letter to Carl Bildt was sent after the attacks against the organisations ‘Kosovo 2.0’ and ‘Libertas’ in late 2012. Read more about the background: http://www.civilrightsdefenders.org/news/statements/kosovo-police-must-promptly-investigate-hate-crime-attacks/
Carl Bildt (Wikipedia)
What is interesting is the frank exchange between the NGO and the Ministry and the fact that the exchange of letter can be made public. I think that in quite a few countries civil society can only dream of this kind of transparency.
For this reason I reproduce the response of 21 January 2013 by the Swedish Ministry of Foreign Affairs here in full:
Dear Robert,
Thank you for your letter about the human rights situation in Kosovo and the information about the attacks in Pristina against human rights defenders, addressed to Foreign Minister Carl Bildt. I’ve been asked to answer you. I would first like to apologize for the late reply.
The events you describe is obviously regrettable and unacceptable, and unfortunately part of a pattern in the Western Balkans where gay, bisexual and transgender people’s rights are not guaranteed and they are subjected to harassments. From a Swedish perspective, strengthening human rights in Kosovo is a priority both on a political level and within the framework of the Swedish development cooperation, where we work closely with the civil society, including Civil Rights Defenders. Improvement of the human rights situation is also crucial for Kosovo’s EU integration.
We are discussing these important issues on a political level with politicians in Kosovo. When Prime Minister Hachim Thaci visited Sweden in October, EU integration and the necessary reforms in Kosovo, including human rights, were major themes. In development cooperation, Sweden is working with great commitment with LGBT issues in several projects in the Western Balkans, including Kosovo. As you probably know the Swedish Institute in 2012 showed the exhibition “Article One” to empower the LGBT movement in Kosovo and make them more visible in the community.
One reason why Sweden wants to see Kosovo as well as the other Western Balkan countries as members of the EU, is the great development of these countries’ societies that comes with the EU integration. Democracy in Kosovo has made considerable progress in recent years, but significant challenges remain, not least in the field of human rights. A clear EU perspective with strict requirements and evaluations with regard to respect for human rights is the best way to drive development in Kosovo. Civil society engagement, both within countries and internationally, is of utmost importance for Kosovo to become a more open and democratic society.
Human Rights Watch and the International Gay and Lesbian Human Rights Commission organised on 11 December an event, “Leadership in the Fight against Homophobia,” together with the UN Office of the High Commissioner for Human Rights and the Permanent Missions to the UN of Argentina,Brazil, Croatia, the European Union, France, Israel, Japan, the Netherlands, New Zealand, Norway, and the United States.
“Ban Ki-moon wholeheartedly denounced homophobia and transphobia and called for decriminalization of homosexual conduct,” said Boris Dittrich, advocacy director of the LGBT rights program at Human Rights Watch. “What makes his speech profound is that he vehemently criticized so called ‘anti-propaganda’ bills, which criminalize public discussion of homosexuality. Such draft bills are being discussed in the parliaments of Ukraine and Russia and should be rejected immediately.”
The hall in the UN Building was packed with hundreds of attendees, who watched a video message from Archbishop Desmond Tutu. The event included statements by two well-known singers, Ricky Martin, and Yvonne Chaka-Chaka of South Africa, who closed the program with a song.
Jessica Stern, executive director at the International Gay and Lesbian Human Rights Commission, honored three international human rights defenders who took part in the program: “The voices of Human Rights Defenders Olena Shevchenko (Ukraine), Blas Radi (Argentina), and Gift Trapence (Malawi) are a clarion call to all – to UN diplomats, world leaders, activists, and every day people – that we cannot compromise on human rights….We are all born equals and human rights must be equal for everyone, everywhere. No more, no less.”
In his speech, Ban applauded Argentina for introducing some of the most progressive legislation in the world on gender recognition. Radi helped bring about passage of the gender identity law, which was approved by the Argentinian Senate on May 8 and became effective on June 4.
“Let me say this loud and clear: lesbian, gay, bisexual, and transgender people are entitled to the same rights as everyone else,” SG Ban said. “They, too, are born free and equal. I stand shoulder-to-shoulder with them in their struggle for human rights.”
On 14 October 2012, TV channel LTR broadcast a program in which human rights defender Ms Tolekan Ismailova was depicted as spreading propaganda for homosexuality in Kyrgyzstan and being destructive to Kyrgyz values. Similar accusations were published in several Kyrgyz-language newspapers. Ms Tolekan Ismailova is the director of Human Rights Centre ‘Citizens Against Corruption’. These accusations refer to the documentary ‘I Am Gay and Muslim’, which was part of the human rights film festival Bir Duyno – Kyrgyzstan (One World Kyrgyzstan), organised annually in Bishkek. The documentary was scheduled to be shown on 28 September 2012 in Bishkek. The film explores the problematic issue of gay rights in the Islamic world, taking the example of Moroccan young men who speak about their sexual and religious identity.
On 26 September 2012, the organisers of the festival had received phone calls and text messages threatening them with physical harm while the director of the cinema was threatened that the building would be set on fire unless the film’s screening was cancelled. Dublin-based Front Line Defenders condemns the smear campaign and threats against Ms Tolekan Ismailova and the other organisers of the human rights festival, and is concerned for their physical and psychological integrity and security.
As I reported recently the Ugandan Government raided a regional workshop of gay rights NGOs as part of its continuing crusade against homosexuality. It is not surprising that on 20 June the news agency AFP reported that Uganda will ban 38 nongovernmental organisations for spreading homosexuality. According to AFP the minister for ethics and integrity, Simon Lokodo: “I have investigated and established beyond reasonable doubt that these NGOs have been involved in the promotion and recruitment in terms of the [gay] issues”. Lokodo did not specify which organisations would be de-registered but said that the list included international and Ugandan group.
“We will tell them to stop operating and they will not have the legal right to practice here”. Lokodo said he submitted the names of the organisations to the internal affairs ministry and hoped they would be de-listed in the near future. “The sooner we can do this the better,” Lokodo added for good measure.
MEA Laureate Kasha is likely to be in the firing line again.
Hans Thoolen on Human Rights Defenders and their awards 