Subject: ERN: Jan/Feb 1994
From: International Gay Lesbian Human Rights Commission <[email-masked]>
To: Recipients of conference "iglhrc.ern" <[email-masked]>
Date: 08 Feb 94 09:48 PST

IGLHRC Action Alert January / February 1994

Emergency Response Network of the International Gay and Lesbian
Human Rights Commission IGLHRC is the Action Secretariat of the
International Lesbian and Gay Association

NEW

Hospice for People with HIV and AIDS Under Violent Attack --
Colombian Government Skirts Responsibility to Protect

Residents of an AIDS hospice in Bogota, Colombia have been
targeted with death threats, physical violence, and other acts of
intimidation.  Urgent letters are needed to demand that the
Colombian government do everything in its power to protect the
safety and lives of the  HIV positive hospice residents. The
hospice is run by the EUDES Foundation, an  independent charity,
and houses about 30 people with HIV.

Ongoing attacks against the EUDES Foundation hospice have included
verbal threats,  broken windows, and on December 14, a firebombing
that caused little physical damage  but much trepidation among the
30 inhabitants.  For a few days after the bombing, a police  car
was stationed near the hospice and no further incidents occurred.
Just days after the  protection was called off, however, the
harassment resumed culminating in an armed attack  on January 4.
In that incident, six armed assailants entered and looted the two
hospice residences, telling those inside that they would be killed
if they did not leave the  neighborhood.  Since then, death
threats against AIDS service providers who work with  the hospice
have continued unabated.

Foundation director Bernardo Vergara, a Catholic priest, believes
that all the incidents have  been aimed at intimidating the
Foundation and the people it serves, with the aim of forcing  them
to flee Patria, an area of northern Bogota.  He suspects the
attackers to be members of  the local community who oppose the
presence of people with HIV in their neighborhood.

According to press accounts published in Colombia, a legal suit
seeking forced relocation  of the AIDS hospice was brought forward
by the Junta de Accion Comunal, the Patria  neighborhood
association. That petition was rejected in September 1993 by the
Colombian  courts who ruled that that the presence of the hospice
in no way endangered local residents.   At a neighborhood meeting
following the courts decision, the local deputy mayor and other
authorities indicated that if the hospice was not moved they would
take independent action.  Press reports indicate that it was only
after that meeting that the attacks began.

Given the apparent absence of willingness on the part of the state
to protect the hospice, its  and residents seriously fear for
future incidents.

Urgent letters are needed to the President of Colombia and the
Mayor of Bogota to ensure  that they take the necessary steps to
protect the hospice and bring to justice the perpetrators  of the
previous attacks.

Letters should respectfully but firmly make the following points:

1. As a nation which publicly declares its commitment to human
rights, it is important that  Colombia match its words with the
actions that will bring to justice those who prey upon
defenseless persons as a way of enforcing illegal demands.

2. It should be the obligation of the state to protect all
Colombians without regard to HIV  sero status, sexual orientation,
and / or social or economic position. It is also the duty of  the
state to protect its citizens against extra-official violence such
as that directed against the  residents of the EUDES Foundation
hospice, located at Carrera 36 No. 87 - 16, in Bogota.  The
government must take all necessary steps to protect the lives and
well being of the  residents of EUDES, and of any other
institution in a similar situation.

3. The international community can not tolerate the repetition of
these acts and can only  interpret their unhindered continuation
as a sign of official complicity with the attacks.

4. An adequate state response to the AIDS pandemic includes
dispelling precisely the sort  of misinformation and prejudices
driving the attacks against the EUDES Foundation.  Colombia could
demmonstrate its commitmnet to the human rights of people with HIV
by  launching such a comprehensive health education campaign.

Write to:

Seor Presidente Cesar Gaviria Trujillo

Presidente de la Republica de Colombia

Palacio de Nario

Sante fe de Bogota

COLOMBIA

Fax: 57-1-286-7324
	57-1-286-7434

Seor Jaime Castro

Acalde Mayor de Santa fe de Bogota

Palacio de Lievano

Santa fe de Bogota

COLOMBIA

Dr. Gustavo de Greiff

Fiscal General

Fiscalia General

Apartado Aereo 29855

Santa fe de Bogota

COLOMBIA

FAX: 57-1-287-0939

Dr. Carlos Gustavo Arrieta Padilla

Procurador General de la Nacion

Porcuradura General

Edificio Bano Ganadero

Carrera 5, No. 15-80

Sante fe de Bogota

COLOMBIA

FAX: 57-1-284-0472

Update: July / August 1993 Action

DEMAND ACCESS FOR ALL DELEGATES TO THE 10TH INTERNATIONAL
CONFERENCE ON AIDS

	Urgent action is needed to ensure that all delegates to
the 10th International  Conference on AIDS are allowed to enter
the host country. The conference is scheduled to  take place in
Yokohama, Japan from August 7th to 12th, 1994. Current Japanese
law  forbids entry by all sex workers and convicted drug users,
while leaving unclear which  HIV positive people will be admitted.
OCCUR, the Association for the Lesbian and Gay  Movement in Tokyo,
is concerned that these laws, subject to wide interpretation by
border agents, make it legally possible that some delegates to the
Yokohama conference may be  turned back at Japanese ports of
entry.

	In regards to drug users, Japanese law states that those
who have "been convicted  of any law ... relating to control of
narcotics" shall be denied entry to Japan. The law  barring
prostitutes is stricter, denying entrance to anyone "who engages
or has engaged in prostitution".

	Another amendment to Japanese immigration law includes the
vague stipulation that those persons who are HIV positive and
deemed "likely to pose a risk of infection to the  general public"
can be turned back. Official attempts to address this last issue
have so far proved inadequate. A communique by the Deputy Director
of the Infectious Disease  Control Division (a branch of the
Ministry of Health and Welfare) states: "no questions  about a
person's HIV status or sexual orientation are asked when applying
for a visa or entering Japan". Such a statement does nothing to
address the legitimate concerns of those  who travel with HIV
specific medications, appear sick, or otherwise indicate their HIV
serostatus.  Though IGLHRC knows of no one who has actually been
refused entry to  Japan on account of their HIV status, the very
presence of the travel restriction raises the  specter of
exclusion, and that in itself may discourage attendance.

	It is crucial that the 10th International Conference on
AIDS, and all gatherings that  address the future of the AIDS
pandemic, be completely accessible to those most directly
affected by this disease.  This necessarily include sex workers,
addicts, and people with  HIV.

	The International Gay and Lesbian Human Rights Commission
(IGLHRC), acting  as the Action Secretariat of the International
Lesbian and Gay Association (ILGA), is  asking for activists to
write the three following letters.

1. Respectfully worded letters should be sent to Japanese
government officials requesting:

* A formal and explicit declaration from the highest levels of
Japan's government  that people with HIV will under no
circumstances be denied entry to Japan  solely because of their
HIV status.

* A similarly explicit guarantee that sex workers and drug users
attempting to  attend the Yokohama conference be allowed entry
into Japan.

Write to:

Mr. Morihiro Hosokawa

Honorable Prime Minister of Japan

2-3-1 Nagatacho, Choyoda-Ku

Tokyo  100

JAPAN

fax: 81-3-3503-2889

Mr. Akira Mikatzuki

Honorable Minister of Justice

1-1-1 Kasumigaseki, Chiyoda-Ku

Tokyo  100

JAPAN

fax: 81-3-5511-7200

Mr. Tsutomu Hata

Honorable Minister of Foreign Affairs

2-2-1 Kasumigaseki, Chiyoda-Ku

Tokyo  100

JAPAN

fax: 81-3-3581-5554

Mr. Keigo Ouchi

Honorable Minister of Health and Welfare

1-2-1 Kasumigaseki, Chiyoda-Ku

Tokyo  100

JAPAN

fax: 81-3-3593-0806

2. IGLHRC also recommends that letters be sent to the organizers
and sponsors of  the conference. Letters should:

* Request that the issue of travel and immigration restrictions
against people with HIV be given prominent attention at the Round
Table Discussion and at the Last  Reporting Session during the
Conference.

* Express your concern that the Conference may not be completely
accessible to delegates with a history of sex work, drug use, and
/ or with a HIV infection.

Write to:

Dr. Yuichi Shiokawa

Honorable Chair of the Organizing

     Committee of the 10th International

     Conference on AIDS

c/o Congress Corporation

Namiki Bldg., 5-3 Kamiyama-cho, Shibuya-ku

Tokyo 150

Japan

fax: 81-3-3466-5246

Dr. Mike Merson

Global Program on AIDS

World Health Organization

20 Ave Appia

Geneva    27 CH 1211

SWITZERLAND

 3. Finally, official letters from other governments requesting
clarification on the treatment  that their HIV positive citizens
can expect at Japanese borders would be especially  useful.
Therefore, IGLHRC recommends that activists get their respective
governments to seek official clarification from Mr. Akira
Mikatzuki, Minister of Justice in Tokyo.

Letters should request:

* An official clarification of precisely what the legal criteria
is for determining which  HIV positive visitors to Japan will be
turned back and how individual custom  agents will determine who
meets that criteria.

NEW

University in Costa Rica Adopts Anti-Gay Policy

	A Costa Rican University, the Universidad Internacional de
	las Americas  (UIA), has become enrolled in a legal battle
after its policy of expelling lesbian and gay  students was made
public. An attempt by activists to close down the UIA because its
admission policies violate Costa Rica's constitution has failed
and the discriminatory policy  remains in place.

	This very public controversy erupted on  August 15, 1993,
when a  student wrote a letter to La Nacion  (a Costa Rican daily)
condemning the UIA policy of  expelling students and professors
who are "homosexuals" and / or men who wear earrings,  have long
hair, or wear lycra shorts.

	A week later, the UIA responded by taking a full page ad
	out in the same  paper defending its policies, citing its
obligation to uphold traditional Costa Rican values.  At this
point, the Instituto Latinoamericano de Educacion y Prevencion en
Salud (ILPES), a  local non governmental AIDS organization,
formally requested that the Ministry of  Education close down the
UIA for violating the Costa Rican constitution and the
fundamental human rights of its gay students. The petition was
denied in early October  because the complaint initiated by ILPES
was unable to cite actual cases of discrimination.  In its ruling,
however, the Ministry of Education did point out that it would
have been  inclined to have ruled against the UIA had an actual
plaintiff been presented. In particular it  argued that policies
that block a student's access to education because of their sexual
orientation violate Articles 78 (right to education), 20 and 33
(equal protection) of the Costa  Rican Constitution.

	ILPES promptly escalated by filing a compliant with the
Sala Cuarta, Costa Rica's highest constitutional court. On
December 9th the Court found that the  University's policy of
expelling long haired men violated Articles 20 and 33 of the Costa
Rican Constitution, which clearly state that "all people are equal
before the law". The Constitutional Court was unable, however, to
make a determination on the constitutionality  of the anti-gay
policy because none of the students or professors who had been
expelled  because of their sexual orientation were willing to face
the social censure that coming forward would have entailed.

	To surmount this problem, activists have been trying to
get the Ministry of Education to agree to keep the names of any
potential plaintiffs confidential. So far their  requests have
been denied.  Meanwhile, the highly publicized legal battle has
left lesbian  and gay students on the UIA campus feeling even more
vulnerable now that the  discriminatory policy remains in place.

	Strongly worded letters of protest are needed to be sent
to both the Ministry of Education and the Universidad
Internacional de las Americas (UIA).

  Letters to the Ministry of Education should make the following
points:

 1. The Ministry of Education has an obligation to ensure that
Universities in Costa Rica operate in accordance with the national
constitution. Discriminatory policies on  University campuses,
whether enforced or not, place an unjust burden on lesbian and
gay students and thus hamper their access to education.

2. The issue before the Ministry is not whether anyone is willing
to come forward as a gay or lesbian student at the UIA. The issue
is whether a discriminatory policy exists. That  such a policy
does exist is self evident given that the University has publicly
and  proudly defended it. Expecting isolated and very vulnerable
students to face increased  social marginalization, sabotaging of
their careers and even expulsion from their  University is to
profoundly misunderstand the needs of lesbian and gay students.

Letters to the UIA should include the following points:

1. Human rights, access to education, and protection from
discrimination are not privileges  doled out to those that act or
look a certain way. The very reason these concepts are  codified
and made legally binding is to protect precisely those groups of
people who may not conform to dominant ways of living.

2. To maintain that homosexuality comes from abroad or in any way
represents a threat to  society, all arguments that the UIA has
used to defend its policies, is to deny the dignity  and
legitimacy of Costa Rican lesbian and gay people.

3. The right to an education is guaranteed by Article 78 of the
Costa Rican Constitution,  and Article 26 of the Universal
Declaration of Human Rights. Further, the Costa Rican  Ministry of
Education has made clear its belief that "the right to an
education is a right  of all people admitted and recognized in all
the declarations dealing with fundamental  human rights ... no
type of discrimination in regards to access to education is
acceptable, be it in a public or private institution, or be it
based on race, age, gender,  religion, and ... sexual
orientation."

Write to:

Lic. Miguel Angel Gutierrez Alvarez

Rector de la UIA

Apdo. Postal 1447-1002

Paseo de los Estudiantes

San Jose

Costa Rica

fax: +506-22-3216

Lic. Rafael Garzona

Secretario

CONESUP

Ministerio de Educacion Publica

1000 San Jose

Costa Rica

NEW -- Local Authorities Force Cancelation of Gay Event in
Tijuana

A coalition of lesbian and gay groups in Tijuana, Mexico is
requesting that letters of protest  be sent to local government
officials there after authorities refused to issue the necessary
permits for the holding of a Miss Gay Tijuana beauty contest. The
beauty pageant had  originally been scheduled for the 18th of
December. IGLHRC is concerned that the refusal  of local
authorities to allow this event to take place may constitute a
violation of the right to  freedom of assembly and that similar
events planned in the future may therefore also face  arbitrary
interference.

In an apparent bid to justify rejecting the permit application,
the City Council of Tijuana  responded to the initial request for
a permit by issuing public statements condemning  homosexuality.
The statements indicated that the local gay community did not
"contribute to  the development of our community" and that the
council had a responsibility to preserve the  "harmony" of the
city.

Respectfully worded letters are needed making the following
points:

1. Denial of the permits needed to peacefully assemble based on no
other ground but the  sexual orientation of the petitioners is a
violation of both the guarantees of equal protection  before the
law (Articles 1, 4, 8, and 13) and freedom of assembly (Articles 5
and 9) contained in the Mexican Constitution.

2. It is not appropriate for government officials to base
administrative decisions on moral  standards that they then seek
to impose on the the population at large.

3. Lesbian and gay social, cultural and political events
necessarily contribute to the  development of diverse, tolerant
communities. On the other hand, government sanctioned
discrimination, such as what occurred in Tijuana, can only
encourage intolerance and  hostility.

Write to:

Lic. Hector Osuna Jaime

President

XIV Ayuntamiento de Tijuana

Palacio Municipal de Tijuana

Zona del Rio

Tijuana, B.C.

MEXICO

Lic. Ernesto Rufo Appel

Gobrenador Constitucional del

Estado de Baja California

Palacio de Gobierno

Mexicali, B.C.

MEXICO