From: James Binder Subject: IGLHRC:URGENT ACTION ALERT DECEMBE /* Written 9:52 pm Dec 10, 1992 by jbinder@igc.apc.org in igc:queerplanet */ /* ---------- "IGLHRC:URGENT ACTION ALERT DECEMBE" ---------- */ URGENT ACTION ALERT DECEMBER 1992 from the International Gay and Lesbian Human Rights Commission IGLHRC 540 Castro Street, San Francisco, CA 94114 phone: (415) 255 86 80 fax: (415) 255 86 62 email:iglhrc Emergency Response Network (ERN) IGLHRC has compiled human rights abuses against gays and lesbians throughout the world and is asking your help in addressing these urgent issues. Please write to the person listed at the end of each summary. Please send a copy of your response to us. In this issue: HIV+ HAITIAN Refugees ISRAEL Bars People with HIV INDIA: Human Rights Groups Condemn Section 377 and Police Excesses VENEZUELA: Gov't Officials Defend HIV Discrimination COSTA RICA: Gay Students Denied Free Expression NICARAGUA: Sodomy Law Challenged MEXICO: Murders Still Unsolved, Letters to Mexican Congress Needed URGENT U.S. Gov't Violates Rights of HIV+ Haitian Refugees Denied the right to seek asylum from persecution, forcibly coerced to undergo HIV antibody testing without informed consent, no notification of the results of their test - these are just a few of the abuses of human rights that Haitian refugees held at the Guantanamo Bay Naval Base in Cuba have had to endure. The United States Government is currently holding 240 Haitian asylum seekers and 38 family dependents in quarantine at Guantanamo Bay. Although each of the refugees has been judged to have a serious claim to political asylum, they are not being allowed to pursue their claims of asylum because they have tested positive for HIV. Current U.S. immigration policy bans individuals who are HIV-positive. Although the policy allows for waivers in certain cases, the U.S. government refuses to process these Haitian cases. Your letter is urgently needed to remedy this grievous violation of human rights, and to protest the U.S. immigration HIV exclusion policy. Please address the following points: o No public health interest is served by excluding asylum seekers with credible or well-founded fears of persecution solely on the basis of their HIV status, and such a policy stands in opposition to internationally accepted standards set by the World Health Organization (WHO) and the Global Program on AIDS. o The U.S. immigration ban on HIV-positive individuals violates Article 14 of the Universal Declaration of Human Rights which provides that "everyone has the right to seek and to enjoy in other countries asylum from persecution", and has been denounced by a number of human rights organizations including Amnesty International. o According to WHO HIV policies, quarantine is unwarranted to prevent the spread of HIV infection, and as such erects unjustifiable and oppressive barriers to political asylum seekers and potentially inhibits the right to appropriate legal counsel and the right of appeal. o Forcible coercion to undergo HIV antibody testing without informed consent, as well as the quarantine itself, violates Article 5 of the Universal Declaration of Human Rights which provides that "no one shall be subjected to torture or to cruel, inhuman or degrading treatment". Demand that the Attorney General of the U.S. immediately allow the HIV-positive Haitians and their family members in Guantanamo to enter the U.S. and pursue their claims for political asylum. Demand from President-elect Clinton that he direct the Secretary of Health and Human Services to finalize the January 1991 proposed regulation removing HIV from the exclusion list under the Immigration and Nationality Act. Postage from the U.S. is $.29 up to one ounce. Write to: Attorney General William Barr Department of Justice 10th & Constibution NW Room 4400 Washington, DC 20530 FAX: 202- 514-4371 President-elect Bill Clinton c/o Vernon Jordan: Transition Chairman Clinton-Gore Transition office 1120 Vermont Ave. NW Washington, DC 20005 NEW Israel Bars People with HIV Jews wishing to immigrate to Israel under the law of return -- which allows Jews worldwide to become Israeli citizens -- are to be tested for HIV and turned away if they test positive. Under the new regulations immigrants already accepted in Israel who are found to have lied about their HIV status can be deported to their country of origin. Visitors who want to stay more than three months would also be tested under the new regulations. Finally, the policy calls for the deportation of foreign workers with HIV, and ten such workers have been deported already. Israel's law of return is one of the cornerstones of the Jewish state because it promises citizenship and refuge to Jews from all over the world. The new HIV restrictions come on the heels of a wave of xenophobia and hysteria in Israel about the rate of HIV infection among Ethiopian refugees. The restrictive law was enacted despite a report by the Minister of Health showing a low rate of infection. The ACT UP/Immigration Working Group and IGLHRC have formed a committee to protest the policy and work to overturn it. You can join this effort by writing letters of protest to the Minister of Internal Affairs who is in favor of the new law, the Minister of Foreign Affairs (whose position on the issue is unknown), and by sending copies of your letters to the Ministers of Health and Absorption, who do not support the new law. Please point out that immigration restrictions based on HIV status are opposed by public health officials, civil rights organizations and AIDS activists because they not only impinge on the freedom of movement for people with HIV, but set bad public health policy by driving people underground and sending the erroneous message to the public that they are safe from HIV. Instead, anonymous HIV testing and prevention/education campaigns are the proven method of containing the epidemic. Postage to Israel from the U.S. is $.50 per half-ounce. Write to: Rabbi Arye Derri Minister of Interior 2 Kaplan Kiryat Ben Gurion Jerusalem 91061 Israel FAX: (972-2) 701628 The Hon. Shimon Peres Minister of Foreign Affairs Hakirya Romena Jerusalem 91950 Israel FAX: (972-2) 303367 Copies to: The Hon. Haim Ramon Minister of Health PO Box 1176 Jerusalem 91010 Israel The Hon. Yair Tsaban Minister of Absorption PO Box 13061 Jerusalem 91130 Israel FAX: (972-2) 618138 NEW INDIA: Human Rights Groups Condemn Section 377 and Police Excesses A coalition of Asian lesbian and gay organizations has initiated a campaign to repeal Section 377 of the Indian Penal Code (IPC) and to call attention to the harassment of gays and lesbians by the Indian police. Enacted by the British Colonial authorities in 1861, Section 377 states: "whoever voluntarily has carnal intercourse against the order of nature with any man, woman, or animal, shall be punished with imprisonment for life or imprisonment of either description for a term which may extend to ten years and shall be liable to a fine." This nineteenth century colonial lawviolates Article 21 of the Indian Constitution, which guarantees that no one can be deprived of his or her life or personal liberty. Since this law is still on the books, the police maintain the power to abridge the basic rights and freedoms of persons they arbitrarily judge to be engaged in "unnatural acts". Section 377 is frequently used, along with public nuisance and obscenity laws, to harass, intimidate and extort money from gays and lesbians. Several individuals have been imprisoned for sodomy and "sexual perversity". In July of 1992, the New Delhi police entrapped and arrested 18 men in a park which is frequented by gay men. Many were released after paying a "fine", while some faced jail terms. Please write letters to the Indian Prime Minister and to the Home Minister of India, protesting the systematic penalization of gays and lesbians. Urge them to repeal Section 377 (IPC) and to halt police harassment of gays and lesbians. Postage to India from the U.S. is $.50 per half-ounce. Write to: Prime Minister Mr. P.V. Narsimha Rao 7 Racecourse Road Prime Minister's House New Delhi, INDIA Minister S.B. Chavan Ministry of Home Affairs North Block-1 New Delhi, INDIA NEW Venezuela: Gov't Officials Defend HIV Discrimination The Constitutional Court of Venezuela has prohibited the Compania Anonima Nacional Telefonos de Venezuela (CANTV) from performing HIV tests on its employees without prior consent and from implementing its discriminatory policies against those individuals testing positive. Nevertheless several appointed government officials, including the Ministers of Labor, Sanitation, and Social Assistance, openly defended the discriminatory practices of CANTV. In response to this, ACT-UP Americas has initiated a letter writing campaign directed towards Venezuelan president Carlos Andres Perez (who appointed these officials) demanding that he take responsibility for the opinions expressed by members of his administration and take corrective action. Write to President Perez urging him to prevent members of his administration from condoning human rights abuses in Venezuela. Of equal concern is the absence of any concerted educational campaign for the prevention of transmission of the virus and the total lack of medical services for people with HIV/AIDS. Request that President Perez take immediate action to improve medical services for PWAs and to implement education/prevention campaigns. Postage to Venezuela from the U.S. is $.50 per half-ounce. Please send your letter to: Mr. Carlos Andres Perez Presidente Constitucional de la Republica de Venezuela Palacio de Miraflores Caracas, VENEZUELA At the same time, a letter campaign is being waged in support of a petition presented to the Venezuelan Attorney General's office. RESURREXIT, the non-governmental organization that aided in the successful court action against CANTV, is requesting that the rights afforded the employees of CANTV be extended to the entire Venezuelan labor force. Please send letters of support for their petition (#00982) to the following address: Ramon Escobar Salon Fiscal General de la Republica Edif. Luz Electrica, Ave. Urdaneta Caracas, VENEZUELA NEW Costa Rica: Gay Students Denied Free Expression A gay student group in Costa Rica has been censored by university authorities. The Colectivo Gay Universitario (Gay University Collective) at the University of Costa Rica in San Jose celebrated its first anniversary with a screening of the film "La Ley de Deseo" and a panel discussion. The student group agreed not to have a speaker on the panel or to collect a percentage of the box office, but only to supply the video. The university in turn agreed to furnish space and technical equipment and to list the student group as a co-sponsor on all publicity. However, when newspaper announcements, ads and posters appeared, the gay group's co-sponsorship had been deleted, without prior notice. The group protested the censorship at the film showing, and is taking its protest to the university official who made the decision. They ask that you write and protest the censorship and denial of free expression. Postage to Costa Rica from the U.S. is $.50 per half-ounce. Write to: M.Sc. Ana Teresa Alvarez Vicerrectora de Accion Social Ciudad Universitaria Rodrigo Facio San Pedro de Montes de Oca San Jose, Costa Rica Copies to: Colectivo Gay Universitario Apdo. 601-2300 Curridabat San Jose, Costa Rica Dr. Luis Garita B., Rector Universidad de Costa Rica Ciudad Universitaria Rodrigo Facio San Pedro de Montes de Oca San Jose, Costa Rica URGENT UPDATE Nicaragua: Sodomy Law Challenged The new Nicaraguan penal code (including the anti-sodomy law- Article 204) was signed by President Chamorro in July and published in late October. Article 204 mandates prison sentences of one to three years for anyone who "induces, promotes, propagandizes, or practices in a scandalous manner, the cohabitation of individuals of the same sex." An additional prison term of two to four years is the penalty for the crime of "illegitimate seduction". A Managua coalition of individuals from gay/lesbian and women's groups, civil liberties lawyers and other human rights advocates (the Campaign for Sexuality without Prejudices) presented a challenge to the constitutionality of Art. 204 to the Supreme Court on November 9th. The coalition asks for international pressure to strengthen their chances for victory. The government will try to convince the Supreme Court that Art. 204 will not apply "scandalous behavior" in a discriminatory manner, and that the law's intention is merely to protect children from the promotion of homosexuality as natural. Please point out in your letter that the law not only violates the right to privacy, which is constitutionally guaranteed in Nicaragua (Art. 11), but also curtails the freedoms of assembly, expression, and speech by criminalizing anything construed as "promoting" homosexuality (this may include AIDS education, gay and lesbian organizations, and any portrayal or discussion of lesbian or gay relationships in books, newspapers, or on screen). Please inform the justices that there is absolutely no acceptable interpretation of this law that would not violate the basic rights and freedoms of Nicaraguan citizens as established by the Nicaraguan Constitution. In addition, it violates Nicaragua's legal obligations under the Inter-American Convention on Human Rights, and therefore should be ruled unconstitutional. Postage to Nicaragua from the U.S. is $.50 per half-ounce. Write to: Corte Suprema de Justicia Plaza Espana Managua Nicaragua There are nine justices on the Supreme Court: 4 are UNO, and 5 are Sandinistas. Please copy your letter to each of them. UNO Dr. Orlando Trejos Somarriba Dr. Adrian Valdivia Dr. Santiago Rivas Haslam Dr. Enrique Villagra Sandinista Dr. Rodrigo Reyes Portocarrero Dr. Alba Luz Ramos Dr. Rafael Chamorro Mora Dr. Orlando Corrales Dr. Ramon Romero UPDATE MEXICO: Murders Still Unsolved, Letters to Mexican Congress Needed MODEL LETTER Honorable Members of Congress: I (We), your name (org. name), respectfully request that you issue a decree prohibiting discrimination against gay men and lesbians. This request is prompted by the recent wave of murders of homosexuals throughout Mexico, and the fact that most of the perpetrators have not been brought to justice. One such incident in Mexico City was the murder of Dr. Francisco Estrada Valle, president and founder of a group fighting against AIDS "Companeros en Ayuda Voluntaria Educativa (AVE) de Mexico". I (We) note with dismay that it has been over three months since Dr. Estrada's murder, and justice has not yet been served. A decree from Congress is necessary to establish protection from violence for gays and lesbians, and to send a signal to both the investigative apparatus and the criminals themselves that violence against gay men and lesbians will not escape punishment. Thank you for your consideration in this matter, I (we) will appreciate your response. Sincerely, Send to: Congreso de la Union Palacio de San Lazaro Mexico, D.F. Copy to: Presidencia de la Republica Palacio Nacional Mexico, D.F. Note: Postage to Mexico from the U.S. is $.35 for the first half ounce.