Queer Planet Quarterly
Volume 1, Number 1 -- November 1992
($2 in print)

What on earth is Queer Planet?

QueerPlanet is an international human rights organization whose
purpose is to defend the human and civil rights of sexual minorities
and to eliminate discrimination against transsexuals, gays, lesbians
and bisexuals. Queer Planet is organized as a non-profit, tax exempt
corporation, recognized in the United States of America under section
501(c)(3) of the Internal Revenue Code.

We currently maintain an e-mail conference on PeaceNet called
queerplanet. For you non-computer types, this conference acts as a
bulletin board where you can post messages about queer international
events, abuses, or actions for the whole world to read (yes we do post
local, state and national information as well). We are organizing a
group of people who will be committed to posting information on this
conference, other networks, and computer bulletin board systems. We
think that sharing information both personal and political fosters
better understanding between communities.

We are also working for the inclusion of the discussion of queer human
rights at the upcoming United Nations World Conference on Human Rights
in 1993. In the United Nations 47 years of existence, they have not
spoken out against the abuses queers face in the world. We think it is
of the utmost importance that they understand that human rights are
for everyone, including queers, and demand that our issues be
addressed. To do this we have formed a United Nations Project which
will work to bring factual information about the abuses we face
everyday in the world to their attention.

We can't do it with out your support, both physically and financially.
If you are interested in working on one of these projects, please
call, or come to one of our twice monthly meetings on the second and
fourth Tuesdays at 7:30 pm, at the New College, 50 Fell St., San
Francisco.

To make tax-deductible donations, buy stickers, or fabulous Queer
Planet t-shirts, receive preprinted letters of petition, newsletters,
fact sheets, special reports, or any other communication, write:

Queer Planet

1046 Florida St.

San Francisco, CA 94110

USA

or telephone us at: 415.826.5424

or message us on e-mail at: [email-masked]

Queer = Transgender, Lesbian, Bisexual or Gay

Queer Rights are Human Rights

*******************************

Queer Rights are Human Rights

Since the beginning of the modern queer rights movement here in the
United States, the focus on gaining rights has been within the
democratic process. The results are obvious, we are nailing down a
carpet of cities and states to protect queers from discrimination in
housing, jobs and as domestic partners. We have managed to get 'out'
officials elected in the local branches of government and have
enlisted straight government officials to support our battles for
healthcare and civil rights. But in some ways we've become victims of
our own success and visibility--we've become a major targets of the
intolerant religious right. They can use the democratic process too,
and have in Oregon, Colorado, Maine, and Tampa, Florida this autumn
with plans for legislation against homosex in Kentucky. Our tactic of
gaining civil rights through the voter initiatives is vulnerable in
states that have major `fundamentalist' groups organized against us.
The social climate that these referendums create is dangerous--Oregon
and Colorado experienced big jumps in crimes against queers, including
murders, bashings, and vandalism when these proposals were introduced.
The time has come for us to develop other options to protect ourselves
from these attacks.

The United Nations may provide us a new tactic. The UN created a
Commission on Human Rights--the main UN organization that deals with
human rights. Their duties include drafting international human rights
agreements, performing special tasks assigned to it by the UN, and
investigating human rights violations. The UN has drafted, presented
and ratified two important declarations, The Universal Declaration of
the Human Rights of Man (signed in San Francisco in 1948), and the
Declaration on the Elimination of Discrimination Based on Religion or
Belief (signed in 1981), and the International Covenant on Civil and
Political Rights ratified by the US Senate with reservations on April
2, 1992.  Queer Planet believes that these legally binding
declarations of human rights, signed by the United States need to be
pressed into service. Next year the UN Centre for Human Rights is
hosting a World Conference on Human Rights, the last conference on
Human Rights was in the 1960's. We need to make our voices heard at
this conference, and we are working in coalition with other groups to
do just that. We can also be heard by filing human rights complaints
at the UN Commission on Human Rights and we are organizing research
groups for that purpose as well. Your participation in this human
rights work is necessary.

Because our government is unable to protect us from religious bigots,
we have a right to call upon the United Nations for assistance. It's
time we appeal to a higher power.

*******************************

Transgender, Gay, Lesbian, and Bisexual Human Rights and the

United Nations

Edited by Kim Grittner, United Nations Project Coordinator for Queer
Planet October 17, 1992

Part 1. Background

The United Nations became a world leader in the field of human rights
back in 1948, when Member States agreed upon a "Universal

Declaration of Human Rights."  This document, according to Javier
Perez de Cuellar, former Secretary-General of the United Nations:
"represents a major milestone in human progress, bringing realization
to the Charter principle that universal respect for human rights is
the common concern of all governments and all peoples.  The Universal

Declaration is a document of the widest significance, serving in its
field as the conscience for the world and a standard against which the
attitudes of societies and governments can be measured."(1.vii)

In the United Nations booklet (1988) entitled, "Human Rights Questions
and Answers,"(2.4) in response to the question: "What is the Universal
Declaration of Human Rights?", the following answer is given:

"The Universal Declaration of Human Rights is the basic international
pronouncement of the inalienable and inviolable rights of all members
of the human family.

The Declaration was proclaimed in a resolution of the General Assembly
on 10 December 1948 as the "common standard of achievement for all
peoples and all nations" in respect for human rights.  It lists
numerous rights--civil, political, economic, social and cultural--to
which people everywhere are entitled.

Originally the Universal Declaration was conceived of as a statement
of objectives to be achieved by Governments and, as such, was not part
of binding international law. However, the fact that it has been
accepted by so many States has given it considerable moral weight.
Its provisions have been cited as the justification for numerous
United Nations actions, and have inspired or been used in many
international conventions.  In 1968, the United Nations International
Conference on Human Rights agreed that the Declaration "constitutes an
obligation for the members of the international community".  The
Declaration has also exercised a significant influence on national
constitutions, on national laws and in some cases on court decisions.

The Universal Declaration of Human Rights is also the first segment of
the International Bill of Human Rights, which includes the
International Covenant on Economic, Cultural and Social Rights
(adopted by the General Assembly in 1966), the International Covenant
on Civil and Political Rights (adopted in 1966) and the Optional
Protocol (adopted in 1966) to the latter covenant."

                       *  *  *

Another question posed in "Human Rights.  Questions and Answers,"
pertains to the specific rights which are proclaimed in the Universal
Declaration.  The question asked in this booklet and the response
given is as follows:

"What rights are proclaimed in the Universal Declaration?

The first two articles of the Universal Declaration emphasize that all
human beings, without distinction, are born free and equal in dignity
and rights, and set out the basic principles of equality and
non-discrimination in the enjoyment of human rights and fundamental
freedoms.

The next 19 articles deal with the civil and political rights to which
all human beings are entitled.  These include the rights to:

* life, liberty and security of person

* freedom from slavery and servitude

* freedom from torture and cruel, inhuman or degrading treatment or
punishment

* recognition as a person before the law

* equal protection of the law

* an effective judicial remedy for violations of human rights

* freedom from arbitrary arrest, detention or exile

* a fair trail and public hearing by an independent and impartial
tribunal

* the presumption of innocence until guilt has been proved

* debarment from conviction for an act which was not a penal offence
at the time it was committed

* freedom from arbitrary interference with privacy, family, home or
correspondence

* freedom of movement and residence, including the right to leave any
country and to return to one's country ú asylum

* a nationality

* contract a marriage and found a family

* own property

* freedom of thought, conscience and religion

* freedom of opinion and expression

* freedom of peaceful assembly and association

* participation in the government of one's country

* equal access to public service in one's country.

The next seven articles (22 to 28) deal with economic, social and
cultural rights, including the rights to:

* social security

* work and free choice of employment

* equal pay for equal work

* just and favourable remuneration ensuring an existence worthy of
human dignity

* form and join trade unions

* rest and leisure

* a standard of living adequate for health and well-being (including
food, clothing, housing and medical care)

* right to security in the event of unemployment, sickness,
disability, widowhood, old age or other circumstances beyond one's
control

* protection of motherhood and childhood

* education, with parents having a prior right to choose their
children's type of education

* participation in the cultural life of one's community

* protection of the moral and material interests resulting from one's
authorship of scientific, literary or artistic productions.

In accordance with article 28, everyone is entitled to a social and
international order in which the rights and freedoms set forth in the
Declaration can be fully realized.

Article 29 says that everyone has duties to the community, in which
alone the free and full development of one's personality is possible.
It adds that, in the exercise of his or her rights and freedoms,
everyone shall be subject only to the limitations that have been
established by law to secure due recognition and respect for the
rights and freedoms of others and of meeting the just requirements of
morality, public order an the general welfare.  These rights and
freedoms may no be exercised contrary to the purposes and principles
of the United Nations.  The final article states that nothing in the
Declaration may be interpreted as implying for any State, group or
person a right to do anything aimed at destroying the rights and
freedoms set out in the Declaration. (2.5 to 2.7)"

                       *  *  *

Since 1948, several instruments have been added giving legal force to
the Universal Declaration; they include: The International Covenant on
Economic, Social and Cultural Rights; the International Covenant on
Civil and Political Rights; and its Optional Protocol.  When these
were entered into force in 1976, the member States which have ratified
them are now required to "recognize and honour the widest range of
human rights ever recorded in history."(1.vii)

Building upon the 1948 agreement, over 60 United Nations human rights
agreements have been negotiated, and "the United Nations has never
ceased to search for ways and means to identify and redress violations
of human rights and promote throughout the world the improvement of
the human condition."(1.vii)

The booklet "Human Rights.  Questions and Answers" also answers the
question: "What are the International Covenants on Human Rights?" as
follows:

                       *  *  *

The International Covenants on Human Rights are treaties whose States
parties--i.e. nations which have formally agreed to abide by their
provisions--undertake to respect, ensure and take steps for the full
achievement of a wide range of rights.

There are two such Covenants: the International Covenant on Economic,
Social and Cultural Rights and the International Covenant on Civil and
Political Rights.  Both were adopted by the General Assembly and
opened for signature in December 1966 and both entered into force in
1976.

The Covenants recognize and define in more detail most of the rights
set out in the Universal Declaration, and deal with some additional
rights as well.  Each Covenant also sets up a mechanism through which
United Nations bodies oversee the implementation by States parties of
the rights protected.  A Committee on Economic, Social and Cultural
Rights has been established by the Economic and Social Council to
review States parties' progress in implementing the Covenant on
Economic, Social and Cultural Rights.  The implementation of the Civil
and Political Covenant is in the hands of another body of independent
experts, the Human Rights Committee.  (2.7)

                       *  *  *

In addition to the declarations and agreements specifically mentioned
above, other such instruments have been ratified which also have
strengthened the Universal Human Rights of lesbians, gays, bisexuals
and transsexuals (hereafter referred to collectively in the plural as
"queers" and collectively in the singular as "queer").

Since those persons, governments and organizations which attack or
ignore the human rights of queers are often motivated by religion or
other strongly held belief, such as the belief: "that homosexuality is
wrong or immoral; or goes against god," of particular importance to
queers is an instrument entitled the "Declaration on the Elimination
of All Forms of Intolerance and of Discrimination Based on Religion or
Belief," which was adopted by the United Nations General Assembly on
November 25, 1981.(3.4)(4.2). This Declaration is rooted in the "basic
purposes of the United Nations" and in the 1948 Universal Declaration
of Human Rights, and in the International Covenant on Civil and
Political Rights, which was adopted in 1966.(4.1)

In the introduction to the "Declaration on the Elimination of All
Forms of Intolerance and of Discrimination Based on Religion or
Belief," specific reference is made to the Preamble of the Universal
Declaration of Human Rights, to Article 2, and to Article 18 of this
same declaration.

Several paragraphs from the written United Nations introduction to the
"Declaration on the Elimination of All Forms of Intolerance and of
Discrimination Based on Religion or Belief," follow:

                       *  *  *

The Preamble to the Universal Declaration of Human Rights states that
"the advent of a world in which human beings shall enjoy freedom of
speech and belief and freedom from fear and want has been proclaimed
as the highest aspiration of the common people."

Article 2 declares that: "Everyone is entitled to all the rights and
freedoms set forth in this Declaration, without distinction of any
kind, such as race, colour, sex, language, religion, political or
other opinion, national or social origin, property, birth or other
status."

Article 18 of the Universal Declaration of Human Rights states that:
"Everyone has the right to freedom of thought, conscience and
religion; this right includes freedom to change his religion or
belief, and freedom, either alone or in community with others and in
public or private, to manifest his religion or belief in teaching,
practice, worship and observance."

This right was transformed into a legal obligation for ratifying
States in article 18 of the International Covenant on Civil and
Political Rights, which states that:

"1.  Everyone shall have the right of freedom of thought, conscience
and religion.  This right shall include freedom to have or to adopt a
religion or belief of his choice, and freedom, either individually or
in community with others and in public or private, to manifest his
religion or belief in worship, observance, practice and teaching.

"2.  No one shall be subject to coercion which would impair his
freedom to have or to adopt a religion or belief of his choice.

"3.  Freedom to manifest one's religion or beliefs may be subject only
to such limitations as are prescribed by law and are necessary to
protect public safety, order, health, or morals or the fundamental
rights and freedoms of others.

"4.  The States Parties to the present Covenant undertake to have
respect for the liberty of parents and when applicable, legal guardian
to ensure the religious and moral education of their children in
conformity with their own convictions."

Preparation of a draft declaration on the elimination of all forms of
intolerance and of discrimination based on religion and belief
originated in 1962, when the idea of a United Nations instrument on
this issue was first approved by the General Assembly.  Two distinct
documents were then envisaged: a declaration and an international
convention.

In 1972 the General Assembly decided to accord priority to the
completion of the Declaration before resuming consideration of the
draft International Convention.  At the Assembly's request, the
question of a draft Declaration was considered by the Commission on
Human Rights at each of its annual sessions from 1974 to 1981.  In
March 1981, the Commission adopted the text of a draft Declaration,
which was submitted, through the Economic and Social Council, to the
General Assembly at its regular session later that year.

On 25 November 1981, the General Assembly proclaimed the Declaration
on the Elimination of All forms of Intolerance and of Discrimination
Based on Religion and Belief, stating that it considered it essential
"to promote understanding, tolerance and respect in matters relating
to freedom of religion and belief" and that is was resolved "to adopt
all necessary measures for the speedy elimination of such intolerance
in all its forms and manifestations and to prevent and combat
discrimination on the grounds of religion or belief".(4.1 to 4.2)

                       *  *  *

Part 2.  Queer Access to the United Nations

To date, the United Nations has spent very little attention addressing
human rights abuses against lesbians, gays, bisexuals and
transsexuals; though the United Nations seems to be finally taking
some (very) minor steps forward in this area.  Below are some
highlights of the situation:

January 31, 1991 - International Lesbian and Gay Association (ILGA)
applies to the United Nations Economic and Social Council (UNESC) for
official consultancy status, which is rejected.  ILGA
co-secretary-general Lisa Power charges that "The [refusal] was due to
religious beliefs and was no reflection on our suitability," and that
"We are clearly eligible and have much to offer the U.N.  We will keep
coming back [to request] for ten years if we have to."  The
application will not be reconsidered until at least 1993.  The vote
followed a hot debate in which Libya's delegate to the council said
gays and lesbians live "contrary to the law of life" and several
delegates from Arab nations called for an outright rejection of ILGA's
application.  Approval of the application would have allowed ILGA to
circulate position papers within the United Nations and gain access to
key international decision-making bodies.

ILGA is an umbrella group for more than 70 gay lesbian organizations
around the world.  It lobbies governments, publishes a newsletter, and
sponsors an annual conference on the international status of gay and
lesbian rights. (5.23)

April 17, 1992 - Queer Planet initiates contact with the United
Nations on a variety of Queer Human Rights issues.

April 23, 1992 - Susan Markham, Chief of Economic and Social
Development and Human Rights Programmes acknowledges receipt of Queer
Planet's letter.

July, 1992 - Queer Planet begins sending hundreds of postcards to the
United Nations asking that the United Nations "Include Homosexuals in
the year of Human rights."

August 6, 1992 - First "out" Gay or Lesbian speaking on behalf of
lesbians and gays speaks before a U.N. body in Geneva, Switzerland.

Douglas Sanders, a Canadian law professor, spoke on behalf of the
International Lesbian and Gay Association (ILGA) and Human Rights
Advocates.  ILGA was formed in 1978 and has 500 members in more that
50 countries in all regions of the world.

Sanders' statement at the United Nations Sub-Commission on the
Prevention of Discrimination and Protection of Minorities pointed out
positive developments in many countries and in the European region.
In contrast, there has been virtually no attention to lesbian and gay
issues at the U.N.  Sanders called this a "serious omission" in the
human rights work of the U.N.

Professor Sanders' statement cited a number of positive developments,
including the enactment of anti-discrimination laws, the 1989 Danish
Registered Partnership Act, which applies to same-sex couples, and
immigration reform in Australia and five other countries. Canada does
not allow same-sex spousal sponsorship and Sanders has been separated
from his partner by Canadian immigration officials, though the
officials knew they were separating a "well-established couple".

Professor Sanders, 54, teaches International Human Rights law at the
University of British Columbia.  He says it may take ten years of
lobbying the United Nations before lesbian and gay rights are fully
accepted at the international level. (6.1)

                       *  *  *

August 21, 1992 - Queer Planet presses the United Nations Centre for
Human Rights to take action in addressing human rights abuses against
queers, and highlights the outrage of recent assassinations against
gay activists in Mexico.

August 25, 1992 - A newly formed coalition called the "International
Task Force on Lesbian and Gay Issues," presents additional statements
about gay and lesbian human rights to the United Nations
Sub-Commission on the Prevention of Discrimination and Protection of
Minorities. Members of the coalition include: The Women's
International Coalition, the International Union of Students, the
World Christian Federation, and the World Young Women's Christian
Association.

The full text of the ILGA press release on this occurrence follows:

JOINT NGO STATEMENT TO THE SUB-COMMISSION ON THE PREVENTION OF
DISCRIMINATION AND PROTECTION OF MINORITIES

Item 4: Review of further developments in fields with which the
Sub-Commission has been concerned.

Right to freedom of opinion and expression

25 August 1992

The Women's International League for Peace and Freedom, together with
the Habitat International Coalition, the International Union of
Students, the World Student Christian Federation and the World Young
Women's Christian Association would like to draw your attention to a
human rights matter which has hardly been addressed in this forum, but
which affects the human rights of a large number of individuals: the
discrimination ranges from jokes at their expense to state-sanctioned
violence, and often even death.

Lesbians and gay men live in all parts of the world, in every country.
The most reliable statistics suggest that they have made up, at the
very least, 5-10% of the population of all cultures at all times.
Their invisibility in many societies is indicative of discrimination.
Many lesbians and gay men have good reason to fear that their human
rights will be violated if their sexual orientation or preference is
known.

For example, Article 9 of the Universal Declaration of Human Rights
states "No one shall be subjected to arbitrary arrest, detention or
exile".  Despite this, lesbians and gay men consistently fall victim
to arbitrary arrest and detention, simply because of their sexuality,
and are often forced to leave their countries because of threats to
their lives.

For example, in Argentina, though homosexuality is not a crime, arrest
are made on fabricated charges.  In China, people are arrested and
detained because they are homosexual without ever being charged.  In
many other countries, round-ups and arrest of patrons of gay bars and
other meeting places are common.  Many countries still have anti-gay
laws on their books, subjecting individuals to unwarranted repression.

Such acts also violate Article 3 of the Universal Declaration of Human
Rights, which states "Everyone has the right to life, liberty and
security of person".  Other cases in violation of this article include
those in which lesbians or gay men are assassinated because of their
homosexuality.  For example, on July 12 this year, the bound and
strangled bodies of at least 5 gay men were found in Mexico City,
including the body of Dr. Francisco Estrada Valle, a well-known AIDS
activist.  Though Mexican authorities have not been implicated in
these crimes, they have been accused of not investigating the crimes
fully because they involve gay people.

Sometimes government agents are directly involved in such crimes.
Such is the case in Columbia, where one Medellin-based group, Grupo de
Ambiente, documented 328 murders by death squads of gays between 1986
and 1990. Many of the bodies found showed signs of torture and
mutilation.  Several human rights organizations, including Amnesty
International, have implicated the Colombian armed forces in being
responsible or at lease complicit with these death squad killings.

Article 13 of the Universal Declaration of Human Rights states in part
"Everyone has the right to freedom of movement...Everyone has the
right to leave any country, including his own, and to return to his
country". Governments violate this human right when they establish
discriminatory immigration laws which exclude entry of foreigners who
are lesbian or gay.  Or if the immigration laws allow for one family
member, such as a heterosexual spouse, to sponsor the other,
discriminatory immigration laws do not recognized lesbian or gay
relationships and as a result, lesbians or gay men are separated from
their partner when one of the partners is a foreign national.

Article 14 of the Universal Declaration of Human Rights states
"Everyone has the right to seek and to enjoy in other countries asylum
from persecution".  In 1989 a gay man from Cyprus applied for refuge
in the UK, basing his claim on fear of persecution based on his
membership in a particular social group: he was gay.  The government
rejected his application, saying that since sodomy is an activity in
which one "could refrain from taking part," the law in Cyprus does not
rise to the level of persecution.

These are just a few examples of the ways in which the human rights of
lesbians and gay men throughout the world are violated.  We are able
to provide additional information.

Paragraph 185 of Special Rapporteur Danilo Turk's final report on the
Realization of Economic, Social, and Cultural Rights
(E/CN.4/Sub.2/1992/16) supports the need for the UN, especially in
relation to the upcoming Expert Seminar on Indicators and the 1993
World Conference on Human Rights, to begin to "devote increased
attention to areas of discriminatory behavior generally ignored at the
international level," including on the grounds of sexual orientation.

The credibility of any organization standing up for universal rights
is challenged when it fails to stand up for the rights of any group,
however unpopular.  Justifying the exclusion of any group is the first
step in justifying the exclusion of every other group but the dominant
group. We urge members of the Sub-Commission, as well as Observer
Governments, Inter-Governmental an Non-Governmental Organizations to
include in your work the issue of abolishing violations of human
rights against lesbians and gay men.

Thank you. (6.5)

                       *  *  *

September 16, 1992 - United Nations Centre for Human Rights at Geneva
acknowledges receipt of Queer Planet letter of August 21, 1992.
	October 4, 1992 - Queer Planet begins sending out hundreds of new
postcards to Mr. Blanca at the Centre for Human Rights in Geneva.  The
Postcards Read "HOMOSEXUALS ARE MURDERED, TORTURED, ARRESTED AND
DISCRIMINATED AGAINST EVERYWHERE IN THE WORLD BECAUSE OF WHO THEY ARE
AND WHO THEY LOVE.  (PICTURE OF EARTH) WHEN WILL THE UNITED NATIONS
END THEIR SILENCE AND SPEAK AGAINST THESE HUMAN RIGHTS VIOLATIONS?"
On the message side of the postcard they read: "Dear Mr. Blanca,

Please include the serious discussion of the human rights of
homosexuals in the 1993 World Conference on Human Rights.

The United Nations has been silent too long in regards to the human
rights of homosexuals."

Then the name and address is given, and on the bottom reads:
"Eliminate heterosexual supremacy.  Queer Planet"

October 7, 1992 - Queer Planet sent out hundreds of petitions with
over 600 signatures to the Presidents of Columbia, Ecuador, Mexico;
along with copies to Mr. Antoine Blanca the Under-Secretary-General at
the Centre for Human Rights office in Geneva.

October 13, 1992 - Queer Planet holds an educational forum to educate
the public on Queer United Nations issues in San Francisco.

NOTES

1 Human Rights.  The International Bill of Human Rights Published by
the United Nations Department of Public Information.
DPI/925-40045-February 1988.

	(1.vii) Page: vii

2 Human Rights.  Questions and Answers Published by the United Nations
Department of Information.  Printed in U.S.A. DPI/919.  88-40799 -
October 1988 - 30M

	(2.4) Pages: 4 to 5

	(2.5) Pages: 5 to 7

	(2.7) Page : 7

3 United Nations General Assembly.  Distr. GENERAL. A/RES/45/136.
April 24, 1991." Published by the United Nations.

	(3.4) Page: 4

4 Declaration of the Elimination of All forms of Intolerance and
Discrimination Based on Religion or Belief Published by the United
Nations. DPI/714-82-20555-June 1982-20M.  84-33131-December 1984-20M

	(4.1) Page: 1

	(4.2) Page: 2

5 Religious Opposition Derails Gay Group's U.N. Consultancy Bid by
Chris Bull.  Published as an article in the March 12, 1991 issue of
the Advocate magazine, published in Los Angeles California.

	(5.23) Page: 23

6 Doug Sanders of ILGA media release August 6, 1992 Forwarded by
Amnesty International to Queer Planet on September 16, 1992.

	(6.1) Pages: 1 to 2

	(6.5) Pages: 5 to 7

RESOURCES

General information about the United Nations:

United Nations

New York, New York 10017

For Human Rights information or to file a complaint with the United
Nations:

Human Rights Committee

c/o Centre for Human Rights

United Nations Office at Geneva

1211 Geneva 10, Switzerland

*******************************

E-Mail News

News items gathered from the queerplanet conference on PeaceNet.

Tasmanian sex laws to be challenged

Written 9:37 pm Sep 17, 1992 by jbinder in cdp:queerplanet

From: James Binder <jbinder> Subject: Tasmanian sex laws to be
challenged

Report form the Melbourne Age, September 15, 1992

UN TO RULE ON SEX LAWS IN TASMANIA

Australia has decided to let the United Nations Human Rights Committee
adjudicate on a law that makes homosexual sex illegal in Tasmania.

In a long-delayed submission to the UN committee about the case of a
Hobart gay activist, Mr Nick Toonen, the Federal Government said it
would not challenge the admissibility of his claim.

This decision is claimed to put Canberra at odds with the Tasmanian
Government. Gat activists said that, in a confidential submission, the
Groom Government argued the case should not be heard by the UN
committee.

The Toonen case is the only claim to have been brought to the
committee from Australia, nearly a year after it signed the first
option protocol to the International Covenant on Civil and Political
Rights.

Coincidentally, the president of the Australian Law Reform Committee,
Justice Elizabeth Evatt, has just been appointed to the UN committee,
her office confirmed yesterday. Appointments are based on individual
merits, not on national affiliation.

Tasmania is the only state to outlaw homosexual sex. It is described
as an offence "against the order of nature" for which a person could,
in theory, be sentenced to 21 years' imprisonment. Mr Toonen says the
law is an affront to his dignity, threatens his privacy and dignity,
and creates conditions for the violation of human and democratic
rights.

An attempt to reform the law when the Labour Government was in power
failed in the Legislative Council [the Tasmanian upper house].
Although the Liberal Government is considering whether to include
sexual preferences in an anti-discrimination bill, the
Attorney-General, Mr Cornish, said there were no plans to change the
law.

Mr Toonen lodged his case with the UN last December. But when the
committee asked the Federal Government to respond it sought two
delays, finally sending a five page reply last Thursday. The Justice
Minister, Senator Tate, said the delays were caused by the need to
consult the Tasmanian Government.

Although it supports the admissibility of the Toonen case, the Federal
Government has said nothing about its merits. But Mr Rodney Croome, a
spokesman for the Tasmanian Gay and Lesbian Rights Group, said the
decision still had important political implications.

"We are pleased that the Federal Government is willing to allow
international exposure for what is a gross violation of human rights,"
he said. "It is pleasing to have the Tasmanian Government's point of
view, that this case should not be heard, dismissed by the Federal
Government."

The case now returns to the UN committee in time for its October
meeting. A further round of submissions will be called for, and Mr
Croome hopes to hear a decision in about nine months. If the committee
rules in favour of Mr Toonen, gay activists hope that either the state
will change the law, or the Federal Government will use its external
affairs powers to override Tasmania.

Mr Croome said interest had been shown by other gay and lesbian groups
in Western Australia and the Northern Territory.

-- John Collier

Who to write or contact

[email-masked] HPS -- U. of Melbourne Fax: 61+3 344
-7959 Parkville, Victoria, AUSTRALIA 3052

More on Tasmania

A 'christian' group called FACT (For a Caring Tasmania), has formed.
They believe that adult homosexuals are trying to lure children into a
homosexual lifestyle. The group has asked for state funding to enable
it to "bring homosexuals back to their 'true heterosexuality' ".

Rodney Croome from the Tasmanian Gay and Lesbian Rights Group said,
"Groups like FACT foster a climate where people can display bumper
stickers saying 'Register Poofters not Guns before They Kill Us All',
as are now being seen around Launceston".

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Amnesty Investigates Mexican Murders

Written 11:10 am Aug 23, 1992 by hrcoord in cdp:gen.gaylesbian From:
Human Rights Coordinator <hrcoord> Subject: AI on Mexico From
[email-masked] Sun Aug 23 05:42:12 1992

Mexican gay groups have called upon Amnesty International to take up
the cases of two gay men being held by police in Mexico on suspicion
of multiple murders of AIDS workers, despite no apparent evidence to
link them with the crimes.

The head of the Mexican research department of the London based human
rights organization is understood to be investigating their situation
in Mexico this week.

As the two men remained in detention, another in the apparent series
of murderous attacks was committed. 0n August 10, a 22-year-old gay
activist became the latest victim in a wave of anti-gay violence in
the state of Chiapas in southern Mexico. Martin Balesca Dominguez was
severely beaten and stabbed many times by unidentified attackers, who
Ieft him for dead near the town of Arriaga. The victim, a member of
the AIDS organisation Piscis de Arriaga, is in critical condition in a
local hospital, according to the latest information from Colectivo
Sol, Mexico's largest Iesbian and gay group.

A dozen other gay men and nine prostitutes have been assassinated in
Chiapas in the past year, most of them shot with high-calibre weapons.
None of the cases has yet been solved by local police, who consider
these murders to be crimes of passion or vengeance within the gay
community, despite clear signs of professional marksmanship and the
striking similarity among thc cases. Local gay leaders report
increased harassment by police as a result of the publicity
surrounding the violence.

Leaders of Circulo Cultural Gay, a Mexico City gay organization,
recently presented the National Commission on Human Rights with
documentation of the assassinations in Chiapas. They demanded an
investigation by the Commission of what they call the "systematic and
often silent genocide suffered by the gay and lesbian population of
the country." In an open letter to the Governor of Chiapas published
in the newspaper La Jornada, many of the country's leading
intellectuals pleaded for a more thorough investigation of the crimes
in order to bring the murderers to justice.

Violence against homosexuals and transvestites has been rampant in
other parts of Mexico as well. On June 18, a young transvestite was
beaten to death on the streets of Oaxaca. Three gay men were murdered
in Mexico City on July 13, including Dr. Francisco Estrada, founder
and president of Grupo Ave de Mexico, an AIDS prevention organization.
And two gay men were found bound and shot to death in Guadalajara on
August 9.

Demonstrations have been organized by gay groups in front of Mexican
consulates and embassies in the United States and in Europe, in an
attempt to force the Mexican government to act to stop the homophobic
violence throughout the country. Enrique Asis, Latin American
Coordinator of the International Gay and Lesbian Human Rights
Commission was widely quoted when he said: "It's time for the Mexican
government to take seriously the epidemic of anti-gay violence
throughout the country and to force the police to fully investigate
the murders of gay men".

The response of the Mexican government has been to set up a special
investigative commission, but local police are still detaining, and
apparently seeking to place the blame upon gay men that the gay
community are convinced are quite unconnected with the crimes.

An open letter to Constitutional President of United States of Mexico,
Carlos Salinas De Gortari:

On July 12th, 1992 Dr. Francisco Estrada Valle, president and
co-founder of AVE de Mexico (an AIDS prevention organization), and two
other victims were assassinated--the crime was perpetuated with
distinct hatred against homosexuals:

Therefore:

We demand the government of Mexico make a full investigation of each
murder until every possible detail of conviction has been exhausted.
We denounce publicly the dishonest and unprofessional ethics
demonstrated by the "yellow journalism" of Mexico City's written
press; this type of press also assassinates with moral
misrepresentation, over and over again, victims of homophobic
violence. The press regarding people with HIV positive health status
is counter to the right of privacy and human dignity.

We demand the intervention of CONASIDA (a government AIDS agency) to
clarify the misinformation against those who live with AIDS.

We demand a complete and immediate cessation of the political and
journalistic harassment of homosexual persons, evident for example, in
the insensitive editorializing of the homosexual victims in published
news articles (e.g. "...there were dildos, marijuana, etc.").

We denounce the promotion of these ideas of "death squads" which we
assert instigate the fascist to seek out and create such "squads."

In spite of the pain and indignation, we say good-bye to Francisco,
but we are not defeated. We are more determined than ever to continue
the struggle in which Francisco has lost his life.

Signed by 28 gay, lesbian, queer, and AIDS organizations.

Currently, the police in Mexico D.F. have concluded that the murderers
are two gay men who knew the victims. But many of their mutual friends
think that this couldn't be further from the truth. They believe that
the police are conviently trying to blame other homosexuals for this
crime in order to make the homosexual community look even more
dangerous that they already try to make it look.

Editor's note: When my lover and I were touring Mexico last autumn, we
met dozens of activists and participated with them in an AIDS protest
at the feet of the Benito Juerez Monument in the Alemeda of Mexico
D.F. The stories they told us about dealing with the police were
horrifying. Transvestites and transsexuals, told of being taken into
custody by police, then gang raped by police in the city's jails,
before they were released. One AIDS activist told of being arrested
for being queer, then when they found condoms in his possession, they
beat him with their fists, before raping him. They seemed to think
that his passing out condoms to prostitutes was a crime against
nature, of course when they raped him, they didn't wear condoms.--Mark
Duran

Sample Letter

Presidente Carlos Salinas De Gortari

Residencia Oficial De Los Pi¤os

Col. San Miguel Chapultepec

11850 Mexico D. F.

Mexico

Dear Mr. President,

We the undersigned are writing to insist that Mexican Police fully
investigate the murders of homosexuals and prostitutes that have taken
place in Mexico D. F. and Tuxtla recently.  We are alarmed that many
of the victims have been AIDS and gay activists. We also believe that
the similarity of the murders in Tuxtla could be the work of an
organized vigilante group or of a psychotic serial killer. That the
police have simply excused the murders as crimes of passion will in no
way hasten the solution of these crimes, and homosexuals will continue
to be easy prey for their murders. The murders of prostitutes and
homosexuals are still murders of human beings and deserve the same
consideration and investigation that would normally take place with
the murder of heterosexuals.

We urge you to pressure the investigating police in Mexico D. F. and
in Tuxtla to re-open these cases, and do a more comprehensive
investigation.

Queer Planet collected over 120 signatures at the Castro Street Fair
on this letter and sent copies to the UN Centre for Human Rights in
Geneva.

*******************************

Columbia Kills Queers

Excerpts from The Guide, compiled by Mark Duran for Queer Planet

May-October 1992

Gay people in Colombia are being tortured and killed by vigilante
death squads with almost total impunity, and US aid funneled to the
Colombian military under the guise of the "war on drugs" is helping to
foot the bill.

Justicia y Paz (Justice and Peace), a Catholic human rights
organization in the capital city of Bogota, documents the murders of
20 gay men since 1988. Grupo de Ambiente, a now-disbanded gay rights
group in Medellin, counted 328 gay people murdered b

y death squads from 1986 to 1990--and experts say these figures are
almost certainly too low.

Despite the decrease in political violence since last June, after the
negotiated surrender of cocaine kingpin Pablo Escobar and the recent
negotiations between the government and left-wing guerrillas,
Colombia's most unpopular subcultures continue to

 be targeted. Gay people, prostitutes, street vendors, beggars, petty
thieves, and mug-gers-together they are known as desechables
(disposables), and they are still being killed.

* Between 1987 and 1990 the tortured and dismembered bodies of close
to 400 male youths were picked up by police, sometimes at a rate of
more than 10 per week, in the hills of Envigado, near Medellin. The
deaths began to come to light soon after the

city council deputized members of a death squad called "Body of
Security and Control" and authorized them to deal with the local drug
problem.

*In 1987, the self-styled Cali Clean-up Squad, tacitly supported by
the police, claim credit for killing several hundred homosexuals,
transvestites and petty criminals in the city before contracting its
services to the Cali drug cartel.

* In the last three years over 500 street beggars have been
assassinated in Cali by death squads as part of a campaign to rid the
city of people who give it a bad image. The killers sometimes carve
slogans, such as "A beautiful Cali is a clean Cali"

on their victims' bodies.

*In 1991, 152 male youths in one Medellin barrio were killed and
about as many were injured by death squads.

*In the resort city of Giradot, outside of Bogota, 80 desechables
were found tortured, and killed, each with a bullet hole in the head.

*In Bogota's Ciudad Bolivia, a barrio with over a million
inhabitants, 115 street boys and girls were found slain between
February and May 1991.

*Hundred of bodies are so badly mutilated that they are
unidentifiable. The Colombian Committee to Protect Human Rights claims
that in the second half of 1990 alone, 600 unidentified but clearly
tortured bodies were discovered.

These facts were excerpted from an article by John Earl, entitled the
Colombian Nightmare, which appeared in the March 1992 issue of The
Guide.

DEATH SQUADS IN COLOMBIA

There are basically two major forces at work supporting Colombia's
death squads. The first force came from the passage of Law 48 in 1968.
This law allowed the military to do what was necessary to prevent a
communist take over of Colombia. It authoriz

 the military to organize and arm citizen 'self-defense' units to work
against government critics and reformers. These groups receive their
orders directly from military officers, yet because they are
'civilian' there is no chain of command, so no on

e is held 'responsible' for these tortures and murders. Often members
of groups are off-duty police, and army reservists working to please
those in command in the military.

Throughout the 70's and early 80's political activists, leftists, and
civil and human rights workers have been the main targets. Many
members of leftist political groups such as the Union Patriotica (UP),
and the Revolutionary Armed Forces of Colombi

a (FARC) have been murdered by these death squads. But the
cocaine-fueled economy which concentrated wealth at the top of
Colombian society left many rural people with no way to earn a living
except to either grow cocaine, or move to the city. People

oved into the cities and with no jobs were forced to turn to
prostitution, begging, and recycling trash. These people as well as
queers have become the new targets of the death squads.

To complicate matters the FARC has been accused of kidnapping 600
ranchers in the first half of 1992 and 450 in all of 1991 according to
the Colombian Ranchers Federation, a landowners human rights watch
group. It is believed that the collapse of the

 Eastern European Bloc and the Soviet Union have left these communist
groups in dire straits and they according to police have turned to
kidnapping as a way to raise money. According to police reports the
FARC, is responsible for approximately 43 per

cent of the 1,717 kidnappings in 1991. Police also claim that
criminals and guerrillas netted $500 million in ransom last year. In a
news article by James Brooke for the New York Times, a new group
called Funcacion Paiz Libre has formed to try and br

g some light to the problem of the kidnappings made by the guerrillas.
We do not have any information regarding queers being kidnapped by
guerrilla groups and hope that this new human rights group will also
speak out against the kidnappings by the pa

ramilitary death squads.

Another major force in this debacle is the US government's war on
drugs. Of the $83.4 million that the US gave to Colombia in 1989, only
$300,000 went for economic aid. $73 million went to the military, and
the remaining $10 million to law enforcemen

t. America's dependence on Colombian agricultural products such as
cocaine and coffee, is in the background of all of this violence. We
need to begin to deal with our own drug problems here at home in a
real and substantial way, by providing drug det

 and treatment on demand. Giving money to Colombia's military to fight
the war on drugs has been a colossal failure, as is evidenced by the
continuing upward spiral of cocaine addiciton here in this country,
and this funding is directly linked to the

 murderous rampage that it's death squads have been on.

Of course the Catholic church and the media also play a role in how
queer people are perceived and hated in Colombian society, just as
they do here.

That queer people are targets should come as no big surprise. We are
routinely singled out and murdered almost everywhere oppressive
forces--left, right and religious--exist. The advent of Colombian
`clean-up' squads parallels our own fundamentalist

backlash during the Reagan and Bush 1980's, where queers are still
being blamed for the ruin of the family, for AIDS, and the decline of
American values. We became `legitimatized' targets both here and in
Colombia.

There are no easy solutions to Colombia's problems, but we can demand
that these murderers stop, it is our moral obligation. We need to
express our outrage at these human rights violations now and demand an
end to military funding from our country. L

etters of disgust need to be written to our State Department, George
Bush, the Colombian Embassy in Washington D.C., and the President of
Colombia, to name but a few. Our queer brothers and sisters in
Colombia desperately need our support.

The some of above information was provided by an interview with a gay
Colombian National, whose gay brother was murdered by death squads,
and by research at Amnesty International USA's Western Regional
Headquarters. Thanks to both.

Sample Letter

Doctor C‚sar Gaviria

President of Colombia,

Palacia de Narino,

Bogota D. E. Colombia

October 4, 1992

Dear Mr. President,

We the undersigned are writing to express our complete and utter
disgust at the actions of Colombia's paramilitary death squads. We
believe that the murder of innocent people today, among them
homosexuals, prostitutes, beggars, transvestites and the

poor, is directly linked to Law 48 which allowed the military in
Colombia to create these so-called "clean-up squads." To prevent the
continuing violence against these underclasses in Colombia we feel it
is essential that Colombia repeal this law and

 get its military back into serving and defending the country instead
of butchering it. We also demand that Colombia start investigating the
murder and torture of its citizens and punish those responsible to the
fullest extent of the law. We urge you

 do this now as your continued delay in regards to these human rights
abuses will only serve to implicate your presidency in these
atrocities.

Queer Planet collected over 300 signatures on this petition and sent
it to the president of Colombia and to the United Nations Centre for
Human Rights in Geneva.

*******************************

Subscription Information

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This newsletter is available on-line at no cost, on our e-mail
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c 1992 Queer Planet

*******************************