Return-Path: ulmo@wiretap.Spies.COM 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: queerplanet@igc.org 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 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 jcollier@ariel.ucs.unimelb.edu.au 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". ******************************* Amnesty Investigates Mexican Murders Written 11:10 am Aug 23, 1992 by hrcoord in cdp:gen.gaylesbian From: Human Rights Coordinator Subject: AI on Mexico From dbailey@cix.compulink.co.uk 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 Queer Planet is a non-profit, international queer 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. This newsletter is available on-line at no cost, on our e-mail conference on PeaceNet (queerplanet@igc.org), and on Internet's Queer Resource Directory (QRD) on File Transfer Protocol (FTP) at Nifty.Andrew.CMU.EDU (under the directory "pub/qrd/QRD/queerplanet"). Queer Planet Quarterly is a publication of Queer Planet. Our mailing address is Queer Planet, 1046 Florida St., San Francisco, CA 94110, USA. 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