IGLHRC: International Gay and Lesbian Human Rights Commission EMERGENCY RESPONSE NETWORK -- MARCH/APRIL 1993 NEW GAY Counselor BRUTALLY MURDERED IN Brazil On March 10, 1993 Renildo Jos dos Santos, a local counselor of Coqueiro Seco in the State of Alagoas, Brazil, was forcefully abducted from his home by a group of unidentified heavily armed men. On March 16, after an extensive search, the remains of Counselor dos Santos' body were discovered. The body had been mutilated, the head, arms, and penis severed and buttocks lacerated with a knife. A letter written by dos Santos was found in his home indicating that in the event of anything happening to him, the Mayor of the town and the Mayor's father would be responsible. Counselor dos Santos was openly gay and had repeatedly denounced death threats he had been receiving since 1989. In December 1989, the Mayor and his father were accused of contracting with three military policemen to beat and torture dos Santos. In November 1991, they contracted with two military policemen to murder dos Santo, according to a complaint filed with the police. Dos Santos was shot three times but survived. In both instances the crimes were not investigated by the police because the accused were personal friends of the Alagoan State Government Representative, Oscar Fontes. On February 2, 1993, dos Santos was suspended from his position for 30 days by the town council because he had declared on a radio program that he was bisexual. The council justified its action by saying he was "practicing acts incompatible with the decorum due to his position and bringing the reputation of the council into disrepute." The Brazilian Homosexual Movement reacted by lobbying the Government of the State of Alagoas and all 584 Representatives and Senators of the Brazilian Parliament to bring pressure to bear on the case. The period of 30 days ended without dos Santos being reinstated, so he sought a court, which was delivered to the town council on March 10, giving 5 days to substantiate the suspension or reinstate dos Santos. That same evening he was abducted. Please write to the Governor of the State of Alagoas, the Secretary of State for Public Security in the State of Alagoas, and to the Brazilian Minister of Justice demanding a full and impartial investigation into the abduction, torture and murder of Counselor Renildo Jos dos Santos and urging that the perpetrators be brought to justice. Add, in your letter to the Minister of Justice, that this murder was carried out because of dos Santos' sexual orientation, and that sexual orientation must be included as a protected status in Brazil's anti-discrimination legislation. Postage to Brazil from the U.S. is $.50 per half-ounce. Write to: Minister of Justice: Excelentissimo Sehor Ministro da Justi a Dd. Dr. Maricio Correa Esplanada dos Ministrios Bl.T Z Cvico Administrativa 70064-900 BRASILIA-DF BRASIL fax: 55-61-224-2448 salutation: Dear Minister State Governor of Alagoas: Excelentssimo Senhor Governador do Estado de Alagoas Sr. Geraldo Bulhes Palacio Marechal Floriano s/n 47.000 Macei - AL BRASIL fax: 55-82-221-7484 salutation: Exmo. Sr. Governador / Your Excellency Secretary of State for Public Security: Excelentssimo Sr. Secretrio de Seguran a Pblica Estado de Alagoas Dr. Wilson Perptuo Rua Senador Mendo a 148 Edificio Walmape Centro 57.000 Macei - AL BRASIL fax: 55-82-221-4718 salutation: Sr. Secretrio / Dear Sir NEW VIETNAM PLANS MANDATORY HIV TESTING POLICY On December 18, 1992, the Vietnamese government issued a decree under which prostitutes, drug users, prisoners, homosexuals, and foreigners seeking to spend more than three months in Vietnam would be tested for the AIDS virus. The decree, essentially a policy guideline several steps below law, further said that citizens who test HIV-positive would not be allowed to get married. HIV-immigration/travel restriction policies and the mandatory testing of target groups have been denounced by international public health officials, including the World Health Organization, as counterproductive to the global fight against the AIDS pandemic. Such policies drive people with HIV or those who think they might have HIV away from health officials, health services, and AIDS prevention education, thereby increasing the spread of the disease. Simultaneously, it encourages a false sense of security among those perceiving themselves immune to the virus by virtue of their lifestyle, rather than their practices. In treating AIDS as a moral issue as opposed to a public health issue, governments discourage people from making the behavioral changes necessary for HIV prevention. According to a Vietnam based representative of CARE International, the government has already backed down from some of its proposals due to an outcry from public health organizations in Vietnam. The representative also reports that the decree, in addition to the regressive policy guidelines, also contains several positive guidelines including an anti-discrimination clause. As the decree is not yet law and has not yet been implemented (according to the Vietnamese Ministry of Justice), letters should be supportive of positive anti-discrimination legislation while pointing out the dangers of the mandatory testing and immigration/travel restrictions. Please write to the following officials. Postage to Vietnam from the U.S. is $.50 per half-ounce. The Rt. Hon. Vo Chi Cong President of the Socialist Republic of Viet-Nam Hoang Hoa Tham Street Hanoi, Viet-Nam The Hon. Do Muoi, Premier Chairman of the Council of Ministers Hoang Hoa Tham Street Hanoi, Viet-Nam The Hon. Nguyen Co Thach The Minister of Foreign Affairs 1 Ton That Dam Street Hanoi, Viet-Nam The Hon. Pham Song Minister of Public Health 138A Giang Vo Hanoi, Viet-Nam Model letter The Honorable .... : I am writing to express my support for, and opposition to, certain measures contained in your government's December 1992 decree regarding AIDS and human immunodeficiency virus (HIV). I strongly support your efforts to introduce legislation prohibiting discrimination against people with HIV or AIDS in all sectors of society. This is a highly commendable step towards ensuring the rights and freedoms of Vietnamese citizens who are battling a life threatening illness. However, other measures contained in the decree are counterproductive to the fight against the AIDS pandemic and violate fundamental rights and freedoms all people should enjoy. Specifically, the clauses that call for mandatory testing of specific groups including prostitutes, drug users, prisoners, homosexuals, and foreigners seeking to spend more than three months in Vietnam, have proven to be poor public health policy. The World Health Organization, among other international health bodies, has denounced mandatory testing and HIV immigration and travel restrictions as detrimental to HIV prevention. Such policies drive people with HIV or those who think they might have HIV away from health officials, health services, and AIDS prevention education, thereby increasing the spread of the disease. Simultaneously, it encourages a false sense of security among those perceiving themselves immune to the virus by virtue of their lifestyle, rather than their practices. I urge you to reconsider these particular clauses of the decree and replace them with proven methods of HIV prevention, including widespread, culturally appropriate, sexually explicit AIDS prevention education for everyone living in or visiting Vietnam, available AIDS prevention tools, and free/anonymous HIV-testing for anyone who wants it. Thank you for your efforts to prevent discrimination against people with HIV or AIDS. Your reply will be most appreciated. Sincerely, NEW CANADA: GOV'T ATTEMPTS TO EXCLUDE GAY AND LESBIAN RELATIONSHIPS FROM HUMAN RIGHTS LEGISLATION On December 10, 1992, the Canadian government introduced amendments to the Canadian Human Rights Act with the tabling in the House of Commons of Bill C-108. The Human Rights Act is the legislation that established the Canadian Human Rights Commission and provides inexpensive and accessible legal recourse for people who have been discriminated against in public and private areas of federal jurisdiction. Over seven years ago, the government promised to "take whatever measures necessary to end discrimination on the basis of sexual orientation in all areas of federal jurisdiction." Bill C-108 was suppose to fulfill that promise. However, while Bill C-108 adds sexual orientation to the list of prohibited grounds of discrimination, the Bill also discriminates against lesbians and gay men because it restricts the definition of "marital status" to partners of the opposite sex. If this legislation is adopted by Parliament, lesbians and gay men will lose the rights to partnership benefits which courts are presently granting. Svend Robinson, the only openly gay member of Parliament, and a member of the New Democratic Party of Canada that is opposed to Bill C-108, is calling for letters to pressure the Canadian government to withdraw this discriminatory legislation. Please write to the following officials, stressing that Bill C-108 is a backward step for human rights in Canada. Postage to Canada from the U.S. is $.40 for the first ounce. Write to: The Hon. Pierre Blais Minister of Justice 448 Confederation Building House of Commons Ottawa, Ontario K1A 0A6 Canada The Hon. Brian Mulroney Prime Minister 309-S Centre Block House of Commons Ottawa, Ontario K1A 0A6 Model Letter Dear Minister of Justice: I am writing to express my concern with Bill C-108, the proposed amendments to the Canadian Human Rights Act. I am particularly disturbed with provisions affecting the rights of lesbians and gay men. I understand that your government promised over seven years ago to "take whatever measures are necessary to end discrimination based on sexual orientation in all areas of federal jurisdiction." However, this legislation clearly discriminates against lesbians and gay men by restricting the definition of "marital status" to partners of the opposite sex. While Bill C-108 does add sexual orientation to the list of prohibited grounds of discrimination, the restrictions placed on the recognition of same sex relationships is contradictory and discriminatory. This legislation specifically contravenes Section 15 of the Canadian Charter of Rights and Freedoms, which your government has publicly acknowledged to cover discrimination based on sexual orientation. Furthermore, Bill C-108 is a violation of international commitments made by Canada on human rights. I urge you to withdraw this legislation. Any amendments to the Canadian Human Rights Act must provide full equality for lesbians and gay men. Sincerely yours, NEW COSTA RICA: POLICE HARASSING GAYS & LESBIANS On February 6, 1993, plainclothes police conducted a "cleansing operation" in the city of San Jos, targeting the popular gay & lesbian nightclub La Avispa. Three days later, the police stationed themselves outside the club in a pickup truck and arrested ten patrons, parading them through the streets before taking them to the Third Commisariat. There, they were forced to enter a room, one by one, where five policemen waited for them. One of the detainees reported having to strip naked and walk in circles with his legs spread apart while the police insulted him. Another man, who resisted arrest, was taken to a different place and refused to comment about what happened to him there. During the same period, prompted by press reports of President Clinton's promise to lift the ban on gays in the U.S. military, the Minister of Security, Luis Fishman, announced his intention to expel any known homosexual from the police force (Costa Rica has no army). Minister Fishman was quoted in a major Costa Rican newspaper as saying "homosexuals do not conform to the moral and social principles of Costa Rica." Colectivo Gay Universitario in San Jos reports that the gay, lesbian & bisexual community is concerned that there may be a return to the intimidation tactics used during the 1989 Latin American Feminist-Lesbian Conference held in Costa Rica. During that conference, houses were put under surveillance and threatening phone calls were received. The office of the Defense of Human Rights, a branch of the Ministry of Justice, requested an investigation into the events of February, but this request was blocked by the government. Please write to the President of Costa Rica, requesting him to conduct a full investigation into the February harassment of homosexuals in San Jos and to instruct his Minister of Security to publicly rescind his inflammatory and discriminatory remarks directed at gay, lesbian, and bisexual citizens of Costa Rica. Write to Minister Fishman expressing your outrage over his homophobic remarks and your strong objections to the blatant discriminatory dismissal of homosexual members of the Costa Rican police force. Postage to Costa Rica from the U.S. is $.50 per half-ounce. Write to: Excelentisimo Seor Presidente de la Republica Lic. Rafael A. Calsderon Fournier Casa Presidencial Apartado 520 - 1000 San Jos, Costa Rica fax: 011 506 53 90 78 Minstro de Seguridad Pblica y Gobernacin Lic. Luis Fishman Apartado 4768 - 1000 San Jos, Costa Rica fax: 011 506 26 07 26 UPDATE NICARAGUA: SUPREME COURT DELAYING DECISION As reported in the July/August Action Alert, and subsequent updates in September and December, 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 court then had 45 days to rule on the challenge, however the 45 days has come and gone with no decision forthcoming. As long as the challenge sits undecided, Article 204 is in effect and can be enforced. The coalition asks for international pressure to demand a decision on the challenge to Article 204. The coalition's challenge enumerates the many constitutional provisions Article 204 violates, including the right to privacy as well as freedoms of assembly, expression, and speech. In addition, the challenge notes that Article 204 violates Nicaragua's legal obligations under the Inter-American Convention on Human Rights, and therefore should be ruled unconstitutional. Please write again to the Supreme Court Justices, demanding a decision on the challenge and emphasizing Article 204's blatant violation of provisions of the Inter-American Convention for the right to privacy and freedoms of assembly, expression, and the press. Postage to Nicaragua from the U.S. is $.50 per half-ounce. Write to: Corte Suprema de Justicia Plaza Espaa 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 Sandinista Dr. Orlando Trejos Somarriba Dr. Rodrigo Reyes Portocarrero Dr. Adrian Valdivia Dr. Alba Luz Ramos Dr. Santiago Rivas Haslam Dr. Rafael Chamorro Mora Dr. Enrique Villagra Dr. Orlando Corrales Dr. Ramon Romero