International Gay and Lesbian Human Rights Commission NOVEMBER/DECEMBER 1993 ERN NEW Gay Discotheque Burns Down -- 19 Lives Lost -- Activists Suspect Arson The gay discotheque "Divine" in the Chilean coastal city of Valparaiso burned to the ground in the early morning hours of September 4th. Nineteen persons died when the only entrance was blocked by the blaze, forcing patrons to squeeze out of the second floor club through a narrow fire escape in the back. Despite government claims that the fire was caused by an electrical malfunction, evidence exists to suggest that the blaze may have been intentionally set. The blaze struck the popular gay night club during its peak operating hours and when more then 70 patrons were crowded into the small space. Gay activists point to several factors that undermine the governments claim that the blaze was electrical in nature. The owner of the bar has insisted that the electrical fixtures were recently renovated and were kept in good working order. Furthermore, eyewitnesses confirm having seen someone try to enter the building shortly before the blaze. They were expelled from the club, then seen throwing something into the doorway. An explosion was then heard. The speed with which the blaze spread, the fact the the music and lights remained on until very late in the fire, and the absence of any smoke or odor before the fire was sighted are all incompatible with the government's explanation. Especially alarming, is the fact that in the past the club had received several anonymous threats of violence. At least one newspaper cited fire officials speaking off the record and expressing serous skepticism over the governments account given the evidence cited above. Since the fire several AIDS service providers, as well as another gay disco in Santiago, have received death threats from an anti gay commando group claiming responsibility for the Valparaso blaze. All of this has resulted in a large coalition of Chilean lesbian and gay groups requesting that the government assign a special, independent investigator ("Ministro en Visita") to review the evidence. The government staunchly refused to take this measure, citing normal administrative procedures. Activists groups then took the same request to the Supreme Court where they were similarly denied. Activists are also alarmed that persons present at the Divine and who have come forward to make statements and assist the investigation have been physically and verbally harassed by the police. Respectfully worded letters are needed to support the activist campaign for a thorough investigation into the cause of the fire. Letters should make the following points: -- As a country that is in the process of renewing its commitment to democracy, it is imperative that Chile reaffirm its commitment to human rights, a commitment that must by definition include the rights of lesbians and gay men to live without fear of extra official acts of violence. -- Tragically, gay men and lesbians are targeted by precisely this sort of violence around the world. Experience has shown that such acts are best resisted when governments demonstrate in no uncertain terms that they take such incidents very seriously and commit every resource at their disposal to a thorough investigation and prosecution. -- The marginalization of the blaze's victims, and the body of evidence summarized above, are all more than ample justification for strengthening the normal judicial channels with the appointment of an independent investigator. Appeals to: Francisco Cumplido Ministro de Justicia Morande 107 Santiago CHILE Ministro Enrique Correa Rios Secretaria Nacional de Gobierno Palacio de la Moneda Santiago CHILE fax: +56-2-699-1657 NEW UN Accredits ILGA -- Right wing Backlash Threatens Access On July 30th the International Lesbian and Gay Association (ILGA) was given consultative status at the United Nations. The Economic and Social Council (ECOSOC), the main body responsible for human rights in the U.N., officially recognized ILGA as a "non governmental organization". ILGA now has the right to participate in most of the human rights meetings of the U.N. and submit written position papers on various issues. The mainstream media within the United States ignored this historic vote until a religious fundamentalist group began issuing a series of press releases revealing that NAMBLA, the North American Man Boy Love Association, is one of ILGA's members. A series of sensationalistic news stories followed claiming that the United States had voted to give a pedophile group entree at the U.N. Since that time the United States Mission to the U.N. has issued a statement indicating that they may need to revisit their vote if ILGA doesn't formally disassociate itself from pedophile groups. The U.S. government has requested that ILGA do so by November. Letters are urgently needed be sent to the President of the United States and to the U.S. ambassador to the U.N. in support of ILGA. Letters should make the following points: -- ILGA has repeatedly taken very strong positions in support of the rights of children and against sexual abuse of all kinds. Never, in any way, has ILGA ever promoted pedophile relationships. ILGA will continue to support the rights of children and has no plans to use its consultative status to advance the political aims of NAMBLA. -- ILGA is a federation of groups who can not take responsibility for the political positions of its members, just as the United Nations is not responsible for the positions of all its member states. -- No other official lesbian and gay presence currently exists at the U.N. and lesbian, gay and bisexual people must retain their voice there. Human rights violations perpetuated against sexual minorities around the world constitute a human rights emergency that falls within the legitimate human rights mandate of the U.N. -- Future ILGA policy on peodphilia and / or the membership of NAMBLA can only legally be decided at the annual conferences. The next conference is not scheduled until the summer of 1994. Letters to: Ambassador Madeleine K. Albright U.S. Mission to the United Nations 799 United Nations Plaza New York, N.Y. 10017 USA Ambassador Victor Marrero ECOSOC Affairs U.S. Mission to the United Nations 799 United Nations Plaza New York, N.Y. 10017 U.S.A. President Bill Clinton The White House 1600 Pennsylvania Avenue Washington, D.C. 20006 U.S.A. e-mail: president@whitehouse.org NEW Human rights groups demand support for the War Crimes Tribunal for the former Yugoslavia A war crimes tribunal is urgently needed to begin to mend boiling tensions in the former Yugoslavia. Only a fair and independent international tribunal can adequately address the grievances of victims and effectively re-establish the rule of the law in what has become a lawless land. Human rights abuses perpetuated by armed forces involved in the conflict include forced displacement, rape, summary executions, abuses in detentions, and violations to the right to freedom of association. IGLHRC knows of at least one case where gay activists were targeted specifically for police harassment and abuse. Zeljko R., a 36-year-old gay activist, was arrested by police in Belgrade twice for listening to Croatian music and for spreading "false information". But after police took Zeljko R. into custody, they lost interest in his purported crime, and questioned him extensively about a gay and lesbian organization, Arkadia, of which he was an organizer. The officers beat him when he refused to give out names of other members. Ten months have passed since the United Nations called for the war crimes tribunal; five months have passed since the Security Council approved a tribunal. In October the U.N. finally appointed a prosecutor. Still, not a single case file has been opened; not a single defendant has been named. Rumors abound that diplomats will use the tribunal as a bargaining chip in the peace process and that they will grant amnesty to accused war criminals. A major public outcry is needed to ensure that the tribunal does not make a mockery of justice. Please write to the President of the United States, Members of Congress, and representatives in the United Nations to demand support for the War Crimes Tribunal and include the following points: 1. The War Crimes Tribunal is the best way to ensure that war criminals who committed human rights abuses in the former Yugoslavia are held accountable. The tribunal is essential to re-establishing order and justice. The tribunal should not be a bargaining chip in the peace process. 2. The tribunal cannot be effective, either as a deterrent of future crimes or as a sanction for past crimes, if amnesties are granted to accused war criminals. Therefore, officials in power need to demand that amnesty not be granted to accused war criminals. 3. Evidence for the tribunal is disappearing and witnesses are scattering throughout the globe. The United Nations must begin thorough, well-funded investigations immediately. Appeals to: President Clinton The White House 1600 Pennsylvania Ave. Washington D.C. 20006 U.S.A e-mail: president@whitehouse.org Madeleine Albright Representative of the US to the UN United Nations New York, NY 10017 U.S.A. Hon. Boutros Boutros-Ghali Secretary General of the UN United Nation New York, NY 10017 U.S.A. NEW Activists Arrested in Barcelona The Front d'Alliberament Gai de Catalunya (FAGC) reports that two activists were arrested on September 15th without cause after a demonstration outside the Chilean Consulate in protest of the Valparaiso blaze (see above). The two activists were seized by plainclothes police officers after the demonstration had already broken up, at no time were they told what they were being arrested for. Once within police custody they were forced to under go strip searches. When they were finally taken before a judge, they were released immediately since no criminal charges could be substantiated. The International Gay and Lesbian Human Rights Commission (IGLHRC) is concerned that this action by the Barcelona police may have constituted an illegal use of official power to harass oppositional activists. FAGC has filed official protests with the governor of Barcelona and the Sindic de Greges (a sort of local ombudsman and the principal government agency charged with human rights matters). A local political party has also formally requested an official explanation of the events from the Spanish Ministry of the Interior. FAGC continues to press ahead with its official compliments, including demands for a personal audience with the Governor. FAGC has asked for letters to be sent in their support. Respectfully worded letters should express incredulity at the arrests and inquire as to the measures the government intends to take to ensure that such arrests are not repeated. Write to: Sr. Jose Luis Corcuera Ministro del Interior Ministerio del Interior C./ Amador de los Rios, 5 28046 Madrid SPAIN Sr. Ferran Cardenal Gobierno Civil Pla. del Palau s/n 08003 Barcelona SPAIN Sample Letter: Dear _______: It has come to our attention that on September 15th two members of the Front d'Alliberament Gai de Catalunya were arrested without proper cause. Once they were finally placed before a judge, they were released when the court found "that the facts of the case reveal no crime". In the face of this improper arrest and the ill treatment afforded these two activists, we think it would be most useful to conduct a full and impartial official investigation to determine whether the police were acting in an illegal and discriminatory fashion. Sincerely, UPDATE (April '92; & July / August '93 Action Alerts) Council of Europe Admits Romania -- Campaign to Lift Sodomy Law Shifts to Parliament The Council of Europe (CoE) voted on September 28 to recommend that Romania become that organization's thirty second member, but only after issuing strongly worded resolutions calling for the repeal of Romania's repressive anti-lesbian and gay laws. The Romanian government, however, is already trying to evade its obligations. The government's newly proposed revision of the penal code modifies the anti-gay law only slightly, providing a stiff 1-5 year penalty for homosexual acts "which cause public scandal". More liberal versions proposed by other parties, including an initiative put forward by the Democratic Party, are also before the Parliament. Write now to urge the Romanian Parliament to comply with the recommendations of the Council of Europe and fully repeal the law. Article 200 of the Romanian Penal Code imposes a total ban on gay and lesbian relations. Even the attempt to "engage in homosexual behavior" is considered illegal and punishable by one to five years in prison. At least 70 persons are thought to be currently incarcerated for reportedly engaging in consensual sex acts with adults of the same gender. Write to: The Honorable Vasile Gionea President, Senate of Romania Parlamentul Romaniei P-ta Revolutiei Nr. 1 Bucharest, ROMANIA The Honorable Adrian Nastase President, Chamber of Deputies Palatul Parlamentului Dealul Mitropoliei Bucharest, ROMANIA The Honorable Petru Tanase Tavala Chair, Committee for Human Rights Senate of Romania Parlamentul Romaniei P-ta Revolutiei Nr. 1 Bucharest, ROMANIA The Honorable Oliviu Gherman Chair, Permanent Bureau of the Senate Senate of Romania Parlamentul Romaniei P-ta Revolutiei Nr. 1 Bucharest, ROMANIA The Honorable Ion Predescu Chair, Judiciary Committee Senate of Romania Parlamentul Romaniei P-ta Revolutiei Nr. 1 Bucharest, ROMANIA Model Letter: Dear __________: In its September resolution recommending the admission of Romania, the Parliamentary Assembly of the Council of Europe declared that it "expects that Romania will shortly change its legislation in such a way that ... Article 200 of the Penal Code will no longer consider as a criminal offense homosexual acts perpetuated in private between consenting adults." We are deeply concerned that the revision of Article 200 recently proposed by the Romanian government falls unacceptably short of this expectation. This revision substantively retains the language of the current Article, penalizing with one to five years imprisonment consensual homosexual acts "which cause public scandal." This dangerously vague language leaves the way open for continued prosecution, blackmail, and police harassment of gay men and lesbians in Romania. The position of the Council of Europe is clear. Recommendation 924, "on Discrimination Against Homosexuals", condemns all legislation by member states against consenting homosexual acts. Romania's record of persecution and torture of its gay and lesbian citizens has been strongly criticized not only by the Council of Europe but by many other international organizations. We urge you to press for the elimination of all legal penalties for consensual homosexual acts and in this way bring Romania into compliance with current European standards of human rights. Sincerely, Update (Jan / Feb 93 Action) Pressure Still Needed on Bermuda The ruling party in Bermuda, the United Bermuda Party, was re-elected to office in October. Activists now want to seize the aperture represented by the winding down of the election and push anew for repeal of Section 175 of Bermuda's Criminal Code. Under the provisions of Section 175, homosexual relations occurring between male persons are subject to criminal sanctions, even if they occur between consenting parties, with a ten year maximum sentence. Attempted homosexual contacts can be punished with up to five years imprisonment. Bermuda has a constitutional relationship with the United Kingdom similar to the relationship between the U.K. and the Isle of Man, and consequently has an obligation to bring its domestic legislation into accord with with the provisions of the European Convention on Human Rights. Although reluctant to pressure Bermuda at this point, the U.K. acknowledges its responsibility as the signatory for Bermuda to the Convention. Bermuda's government is itself hoping to gain closer financial relations with the European Community. This despite the fact that Section 175 of the Bermuda Criminal Code specifically contravenes the "right to privacy" provisions of Article 8 and the "non-discrimination" provisions of Article 14 of the Convention. In 1988, government of the U.K. reminded the Bermuda government of its obligations under the convention, however no reform has been made. In fact, on July 27, 1992, the Premier of Bermuda stated that it was not the present intention of the government of Bermuda to amend Section 175. Activists have asked for an international letter writing campaign in support of their renewed efforts. Please write to the following officials stressing that the Bermuda Criminal Code is in violation of fundamental human rights and, in particular, in violation of the European Convention on Human Rights. Letters should make the following points: -- Section 175 of the Bermuda Penal Code violates Bermuda's obligations under the European Convention on Human Rights, of which Section 175 runs directly contrary to the right to privacy provisions of Article 8 and the non-discrimination provisions of Article 14. -- Bermuda should not be pushing for further integration into European Community if it is unwilling to comply with the covenants of that body. -- Several other nations, including Latvia, Estonia, Ukraine and the Isle of Man, have already brought their criminal codes into line with internationally accepted standards. It is distressing that Bermuda, which prides itself on its human rights record, has failed to take this small step on behalf of its gay and lesbian citizens. Write to: The Hon. Sir John Swan Premier Cabinet Building 105 Front Street Number 11 Hamilton 12 BERMUDA Lord Wattington H.E. the Governor Government House Langton Hill Pembroke HM13 BERMUDA The Hon. Douglas Hurd, M.P. The Foreign Secretary The Foreign and Commonwealth Office Downing Street London SW1A 2AL UNITED KINGDOM UPDATE (September/October T92 Action) RUSSIAN GAY MAN WINS ASYLUM IN FINLAND Konstantin Gontjarov, a Russian gay man, has won political asylum in Finland. The decision was based in part on the fact that he may face inhumane treatment if he returned to Russia. The victory came just two weeks before Russia repealed Article 121, one of the worldUs most repressive sodomy laws. The High Court of Appeal, FinlandUs highest court, overturned a previous order of deportation issued by the Ministry of the Interior. The court ruled that GontjarovUs ties to Finland are so strong that a deportation would have offended his rights. But perhaps the most significant aspect of the courtUs decision was the judgement that GontjarovUs Rmarriage like condition" to a Finnish man constituted a crucial reason why he should be allowed to stay in Finland. Gontjarov and his lover now live together in Helsinki. Finnish law does not deal with relationships of people of the same sex. As a result, the Ministry of InteriorUs original decision offered as one ground for deportation the observation that Finnish law did not recognize relationships between homosexual couples. With this precedent by the High Court of Appeal, Finland now recognizes homosexual couples as maintaining a limited level of legal significance. For more information you can contact us at: tel. (415) 255-8680 fax (415) 255-8662 or e-mail -- iglhrc@igc.apc.org