CSBR Statement of Solidarity for Freedom of Assembly & Association, and the Rights of LGBTIQ+ Peoples in Turkey

Read the full statement below, and download the PDF to share here:

4 February 2021

The Coalition for Sexual and Bodily Rights in Muslim Societies (CSBR) expresses our solidarity with the people of Turkey who are fighting to ensure that freedom of expression, freedom of peaceful assembly and association, and the broader human rights of LGBTIQ+ peoples are respected. We are deeply alarmed by the repression of academic freedoms and escalating violence at Boğaziçi University in recent days. This includes the shutting down of the LGBTIQ+ Club on campus,[1] the arrests of hundreds of students and activists, targeting specifically LGBTIQ+ students and all LGBTIQ+ community, and the increasing militarization of campus through continued police presence. 

Commitments to freedom of expression, and freedom of peaceful assembly and association are cornerstones of democratic societies, ensuring exchange of ideas, pluralism, and dialogue across the diversity of peoples of any given nation. Under a false pretext of shoring up “national security”, the AKP government has increasingly acted to silence public debate and critique across universities, beginning with mass evacuations, taking administrative or judicial action against professors voicing critical views, and the continued incarceration of academics, students and intellectuals over the last few  years.[2]

This escalating violence in the sphere of higher education over the years, has also had a deeply chilling effect on freedom of expression, freedom of association, and human rights across wider social spheres in Turkey.  The most recent events at Boğaziçi University, and the statements from those in power–including the government appointed University Rector, the Minister of Interior Affairs, and the President as well–are deeply disturbing, considering they attempt to justify the restrictions of academic freedoms, and the rights of LGBTIQ+ people specifically, in the name of Islamic values.[3] 

In a public statement President Erdogan targeted LGBTIQ+’s for the protests and denied LGBTIQ+ existence in Turkey, saying that LGBTIQ+ existence is not in accordance with Turkish national and religious values. We as feminists and LGBTIQ+ people living in Muslim societies affirm and restate unequivocally that LGBTIQ+ peoples have always existed within Muslim societies and across the world, and will continue to exist. The manipulation of religious ideology to deny fundamental human rights, either by state or non-state actors, cannot ever be condoned.  

The Coalition for Sexual and Bodily Rights in Muslim Societies is deeply concerned for the security and safety of our friends and allies, who are organizing and living within a climate of fear and insecurity, with no protection or recourse from the judicial or legal systems in place.

We call upon the Turkish government to ensure the exercise of independent thought and freedom of expression and association in the country, in line with its human rights obligations and constitution.

We affirm sexual and bodily integrity, freedom of expression and freedom of religion and belief are fundamental rights of all people, regardless of their gender, citizenship, class, age, mental and physical ability, religion, marital status, ethnic identity, sexual orientation, and sex characteristics. We stand in unequivocal support of LGBTIQ+ people in Turkey,  and their fundamental rights to live with dignity and free from persecution and violence.

We amplify the call from the people of Turkey, for the international community to raise awareness, issue statements of solidarity, and spread the news of what is happening globally. 

#LGBTİHaklarıİnsanHaklarıdır #AsagiBakmayacagiz #WeWillNotLookDown 

Signed,
Coalition for Sexual and Bodily Rights in Muslim Societies (CSBR)

_________________________________
Notes:
1. Melih Bulu shut off the Boğaziçi LGBTI+ Studies Club! 
2. Middle East Studies Association
3. Slander, investigations, and hate campaigns against LGBTI+’s at Boğaziçi University

Together We Must Protect and Support WHRDs in Middle East and North Africa: Urgent Call to Action

To mark international Human Rights Day, and the close of the 16 Days Of Activism 2020, we share this urgent call to action, for the protection and support of women human rights defenders (WHRDs) in the Middle East and North Africa.

Read the statement below, and download the statement in English here, and in Arabic here. To learn more about about WHRDs under threat across the region in Egypt, Iran, Iraq, Turkey, and Saudi Arabia, watch the #SupportWHRDs playlist here.

Together We Must Protect and Support WHRDs in Middle East and North Africa

URGENT CALL TO ACTION

Women human rights defenders (WHRDs) are crucial actors in the struggle to ensure human rights are enjoyed by all, moving their societies toward more inclusive and equal ones. In the Middle East and North African (MENA) region, where most countries lag behind in gender equality, WHRDs play an even more critical role, but also face greater challenges. Over the last few years we have witnessed a rise in violence against WHRDs in the MENA region. 2020 was an especially violent year, where in some instances, WHRDs received death threats and tragically, in several cases, such as in Iraq and Libya, WHRDs were killed. 

The spike in violence[1] directed at WHRDs in MENA, and the increasing criminalization of rights advocacy, are appalling and unacceptable. WHRDs in the region are the target of government-sponsored smear campaigns, regularly threatened, arrested, in some cases abducted and forcibly disappeared, subjected to torture and other ill treatment in detention, face serious violation of their due process rights, and some are facing lengthy pretrial detention[2] and prison sentences[3].  They are experiencing the violations of their rights, simply because they dared to hold their governments accountable and advocate so that the most vulnerable and marginalized groups can enjoy equality, inclusion and justice. 

WHRDs in conflict zones such as Libya, Syria, Yemen and Iraq, are at risk of persecution and attacks by non-State actors for exposing crimes and abuses committed by warring militias and armed groups. Kurdish WHRDs in Turkey are subject to arbitrary detention and prosecution on terrorism charges. Egypt, Iran and Saudi Arabia too stand out because of their consistent persecution and targeting of WHRDs. Also, WHRDs in Western Sahara are subject to threats and targeting from Moroccan authorities in addition to judicial harassment.  

Governments are carrying out these attacks in violation of their international obligations, but in some contexts the attacks against rights defenders are also in direct violation of national laws that guarantee due process. In a thinly veiled attempt to give legitimacy to their actions, some States[4] are using existing laws to persecute rights defenders while others have adopted laws that specifically criminalize human rights advocacy.  Some States, have creatively resorted to labeling rights advocacy as actions undermining national security or even worse support for terrorism. 

However, the backlash of States against WHRDs, has done little to ensure their security in a region where we are witness to increasingly deafening public outcries and demands for social justice, including

in the form of mass protests in which citizens are objecting to decades of repressive policies, insecurity, mismanagement and political and economic corruption. The systematic attack on human rights defenders and the criminalization of rights advocacy follow years of repressive policies in the MENA region targeting civil society and civic space, including through restrictions on and closure of NGOs and the press and through attacks on academic freedoms. 

The closure of civic space and increased rights violations are taking place in a context of emboldened fascisms, fundamentalisms, nationalisms, and authoritarianisms globally.  Part of this picture is the pushback on the international human rights mechanisms and guarantees, as well as bodies charged with holding States accountable on rights violations. For years now, State and non-State actors have advocated an anti-rights agenda, aimed at weakening rights language and guarantees, as well as dismantling and defunding UN human rights systems. These anti-rights actors have worked steadfastly to weaken the ability of human rights systems and in particular the UN special procedures processes, to demand State accountability on violation of human rights.  In the context of the MENA region, we see State and non-State anti-rights actors engaging in international human rights spaces using tactics of infiltration, surveillance, co-optation of rights language, and reprisals against WHRDs, all intended to consolidate national efforts to shut down civic space, and in addition, create a parallel human rights framework that denies rights and undermines State accountability.

Alarmingly, the deterioration of rights in MENA has happened with little condemnation from the international community, with many governments choosing to prioritize other policy objectives, such as security of their corporate, economic or military interests in the region and profits from arms sales. Some have turned a blind eye to rights violations in the hopes that they can stop the flow of migration to Europe by refugees who are fleeing the very failed regional policies that have contributed to war, instability, economic crisis and repression. More egregious has been the embrace of authoritarian policies and regimes in the region, by the US, UK and some European States.  

Recommendations: 

  • We strongly urge governments in the MENA region to heed the call of their public and adopt socially just policies, centered on human rights. State security rests first and foremost on the ability and willingness of States to meet the needs of citizens. In doing so, States can and should rely on and be accountable to WHRDs and their organizations, who are well positioned to reflect the concerns and demands of communities. 
  • We remind MENA States too of their obligation to guarantee and protect the rights of women to participate in civic life, including their freedom of association, expression and assembly, contained in the Universal Declaration of Human Rights as well as asserted in various international treaties, foremost among them the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Convention on the Elimination of all forms of Discrimination against Women (CEDAW) and regional treaties including the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa (Maputo Protocol).  These rights, among others, are reiterated in the Declaration on the Rights and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, also known as the Declaration on Human Rights Defenders, adopted by the General Assembly on 8 March 1999. The Declaration applies to everyone acting to promote and protect human rights as long as they accept and apply the principles of universality of rights and non-violence. Further, the Declaration on Women Human Rights Defenders, obliges States to recognize the risks, discrimination and violence women human rights defenders face, and put into place concrete gender-sensitive policies and programs for their protection.
  • We call on governments around the world to rethink their policies and approach to the region. Policies toward the MENA region need to prioritize human security and be centered on human rights principles that promote and uphold social justice. 
  • All UN Member States, given their human rights commitments, need to uphold and strengthen the roles of UN rights mechanisms, including ensuring sufficient funding for UN Special Procedures, to carry out critical work.
  • We urge donors to prioritize and fund the work of WHRDs, establish and support mechanisms that help to ensure the safety of those under the greatest threats, including facilitation of visa requests for quick evacuation in cases where lives are threatened. We further encourage donors to support psychosocial wellness programs as well as integrated security and self-care training in an effort to help WHRDs who are suffering as a result of pressures at multiple levels. 


[1] This includes a rise in assassination threats and killing of WHRDs in Iraq, Libya, increased detentions in Egypt, Iran, Saudi Arbia and Turkey and increased administrative detentions in Palestine as well as violent defamation and smearing campaigns in Morocco, Lebanon and Yemen.

[2] See for example: https://www.ishr.ch/news/hrc44-egypt-release-solafa-magdy-esraa-abdelfattah-sanaa-seif-and-all-defenders-now

[3] See for example: https://www.hrw.org/news/2020/02/19/iran-environmentalists-unjust-sentences-upheld

[4] Some examples of countries that have used existing laws or have adopted new laws to restrict civic engagement and target or persecute rights defenders include: Egypt, Iran, Jordan, Saudi Arabia, Tunisia and Turkey. Additionally, mass protests in countries such as Algeria, Lebanon, Iraq and Sudan, were used as a pretext for judicial harassment and targeting of rights defenders.

Open letter to WHO: Including LGBTIQ Communities in World Health Organization’s Covid-19 Response


“Rest assured that we have heard your important message, and as we update our guidance and approach to COVID-19, we will ensure that the specific challenges of LGBTQI communities will be recognized and addressed“. – Dr. Ghebreyesus

On 24 September 2020, twenty networks and organizations across Asia–including APCOM, Asia Pacific Transgender Network (APTN), the Coalition for Sexual and Bodily Rights in Muslim Societies (CSBR), ILGA Asia, ASEAN SOGIE Caucus, Youth Voices Count, Intersex Asia, and International Women’s Rights Action Watch–wrote a letter to Dr. Tedros Adhanom Ghebreyesus, Director General of the World Health Organization (WHO), to advocate for inclusion of LGBTIQ communities in global responses to COVID-19.

Dr. Tedros Adhanom Ghebreyesus, Director General of the WHO

On 8 October 2020, Dr. Ghebreyesus responded, affiriming that:

“WHO is committed to strengthening collaboration with the broad spectrum of civil society and community organizations, including those representing LGBTQI populations….We need to ensure all voices on how to best respond to the pandemic and deliver needed services are heard…Rest assured that we have heard your important message, and as we update our guidance and approach to COVID-19, we will ensure that the specific challenges of LGBTQI communities will be recognized and addressed“.

Read the original open letter and download the PDF here:

Read the response from Dr. Ghebreyesus here:


24 August 2020

Dr. Tedros Adhanom Ghebreyesus
Director General
World Health Organization
Avenue Appia 201202 Geneva, Switzerland

Re: An Open Letter to World Health Organization to integrate effects of COVID-19 on the LGBTQI communities and for SOGIESC Inclusive strategies and response to COVID-19

Dear Dr. Ghebreyesus,

We, the undersigned, represent civil society organizations working to advance the rights of LGBTQI communities in Asia and the Pacific. And we write to urge you to include aspects of sexual orientations, gender identities, expressions and sex characteristics (SOGIESC) into your polices, programs and response to the COVID-19 pandemic. The pandemic has highlighted, and in many instances exacerbated the discrimination and lack of legal protections faced by LGBTQI people, communities and their families.

While the COVID-19 pandemic affects the general population, it disproportionately affects vulnerable sectors, including LGBTQI communities, due to SOGIESC-related stigma and discrimination.

In a joint statement issued by human rights experts on May 14, 2020, this disproportionate effect was highlighted as: “In all latitudes, LGBT persons are disproportionately represented in the ranks of the poor, people experiencing homelessness, and those without healthcare, meaning that they may be particularly affected as a result of the pandemic[..]” The statement also highlighted how COVID-19 and the responses to address it have contributed to existing inequalities and discrimination. In relation to the LGBTQI communities, the statement outlined that criminal laws add to the vulnerability of LGBTQI because of police abuse and arbitrary arrest and detention in relation to the restriction of movements. Also, LGBTQI people who are required to stay at home experience prolonged exposure to unaccepting family members, and this exacerbates rates of domestic violence and physical and emotional abuse. Without a doubt, this affects their physical and mental health.[1]

The UN Office of the High Commissioner on Human Rights also outlined the effects of COVID-19 to LGBTQI people and communities in its guidance document on COVID-19 and the human rights of LGBTQI people. The document highlighted that the existing stigma and discrimination based on SOGIESC while seeking health services, laws which criminalize same-sex relationships and those which target transgender and gender diverse persons due to their gender identities and expression “can elevate the risk for LGBTI people from COVID-19.” The same document also highlighted the possibility of interruption and de-prioritization of health services in the context of overload on healthcare systems as a result of COVID-19.[2]

These scenarios, together with present and possible effects of COVID-19 on LGBTQI people and communities, have been identified in various surveys conducted by organizations working on LGBTQI rights and health issues. For example, a survey conducted by APCOM[3], a regional organization based in Bangkok representing and working with a network of individuals and community-based organizations across Asia-Pacific, indicated that organizations and communities were concerned about the effects of COVID-19 on the delivery of health services, including HIV-related services. Access of LGBTQI people to mental health services, for those who need them, has been affected by the pandemic. These issues are in addition to the stigma and discrimination experienced by service users during normal times.

The effect of COVID-19 to the livelihood of LGBTQI people has also been identified in an OutRight Action International paper, which stated that LGBTIQ people are predominantly engaged in the informal sector, reliant on daily wages and without the safety nets of protections in many countries, they are especially susceptible to the effects of economic slowdowns and limitations on movement.[4]

There are also narratives where LGBTQI couples and families are not able to access programs and responses which aim to alleviate the effects of the pandemic as these programs and responses are designed with heteronormative assumptions about what constitutes families. A survey conducted by Marriage For All Japan [5] suggested fear of same sex-couples about not being able to participate in making medical decisions in cases related to COVID-19 due to the absence of legal recognition of same-sex relationships. This illustrates worries among LGBTQI couples where they will be denied the ability to care for and make decisions for each other in times of emergencies. Trans and gender diverse people can also experience exclusion in state-sponsored health programs due to requirements of legal identification documents.[6]

We are also cognizant that LGBTQI communities and organizations bring with them a wealth of knowledge about their situations and experiences which can be instrumental in crafting inclusive responses to the pandemic.

It is in this context, we, the undersigned individual activists; organizations; and networks working on LGBTQI and health issues, ask the World Health Organization to:

• Ensure that the challenges being faced by LGBTQI, MSM and people and communities of diverse SOGIESC during the COVID-19 pandemic will be given due attention, and policies, programs, and responses are inclusive and do not add to the exclusion and discrimination experienced by LGBTQI people, communities and families.

• Integrate a SOGIESC-inclusive approach in their COVID-19 related guidance documents, situation reports, briefs, strategies and response.

• Work closely with LGBTQI organizations and communities towards a more inclusive responses to the pandemic.

Integrating a SOGIESC framework will contribute to our collective goal of addressing impacts of COVID-19 on vulnerable populations and take us closer towards the goal of “leaving no one behind” as envisioned by the 2030 Agenda for Sustainable Development.

Sincerely,

NamePositionOrganizationTerritory
Midnight PoonkasetwattanaExecutive DirectorAPCOMAsia Pacific
Ryan SilverioRegional CoordinatorASEAN SOGIE CaucusSoutheast Asia
Joe WongExecutive DirectorAsia Pacific Transgender NetworkAsia and the Pacific
Shale AhmedExecutive DirectorBandhu Social Welfare SocietyBangladesh
Suben Dhakal (Manisha)Executive DirectorBlue Diamond SocietyNepal
Esan RegmiExecutive DirectorCampaign for ChangeNepal
Rima AtharCoordinatorCoalition for Sexual and Bodily Rights in Muslim SocietiesAsia and North Africa
Lieu Anh VuExecutive DirectorILGA AsiaAsia
Ishita DuttaProgram ManagerInternational Women’s Rights Action Watch Asia PacificAsia Pacific
Prashant SinghCoordinatorIntersex AsiaAsia
Gopi Shankar MaduraiCoordinatorIntersex India ForumSrishti Madurai LGBTQIA Student Volunteer MovementIndia
Jeff CagandahanOfficer in ChargeIntersex PhilippinesPhilippines
Hiker ChiuFounderOII ChineseTaiwan
Isabelita B. SolamoExecutive DirectorPILIPINA Legal Resources CenterPhilippines
Jerome YauChief ExecutivePink AllianceHong Kong
Evelynne GomezProgram OfficerThe Asia Pacific Resource & Research Center for Women (ARROW)Asia Pacific
Rafiul Alom RahmanFounderThe Queer Muslim ProjectIndia
Tahir KhiljiBoard MemberVISIONPakistan
Naila AwwadGeneral DirectorWomen Against ViolencePalestine
Justin Francis BionatExecutive DirectorYouth Voices Count, Inc.Asia Pacific

[1] COVID-19: The suffering and resilience of LGBT persons must be visible and inform the actions of States. Statement by human rights experts on the International Day against Homophobia, Transphobia and Biphobia. Accessed from https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25884&LangID=E

[2] COVID-19 and the human rights of LGBTI people. UN Office of the High Commissioner on Human Rights. Accessed from https://www.ohchr.org/Documents/Issues/LGBT/LGBTIpeople.pdf

[3] The COVID-19 Effects Series, APCOM. Accessed from https://www.apcom.org/the-covid-19-effect-series-part-1/

[4] Vulnerability Amplified: The Impact of COVID-19 Pandemic on LGBTIQ Persons. OutRight International. Accessed from https://outrightinternational.org/sites/default/files/COVIDsReportDesign_FINAL_LR_0.pdf

[5] ‘I want them to be treated as the same family: The difficulty that LGBT faces with the new Corona. Accessed from https://www.buzzfeed.com/jp/saoriibuki/marriage-for-all-corona

[6] Recognize the need of trans and gender diverse communities during Covid-19 pandemic. Asia Pacific Transgender Network. Accessed from https://www.weareaptn.org/2020/03/31/see-us-support-us-recognise-the-needs-of-trans-and-gender-diverse-communities-during-covid-19-pandemic

Call for a Feminist COVID-19 Policy: Statement of Feminists and Women’s Rights Organizations from the Global South and marginalized communities in the Global North

CSBR joined the Feminist Alliance for Rights, and organizations the world over to endorse the call for a Feminist COVID-19 Policy, which was delivered to UN Member States.  Read the full statement below.


Key Focus Areas for a Feminist Policy on COVID-19

Food security. In countries that depend on food imports, there are fears of closing borders and markets and the inability to access food. This concern is exacerbated for people experiencing poverty and in rural communities, especially women, who do not have easy access to city centers and major grocery stores and markets. This leads to people with the means purchasing large quantities of goods which limits availability for those with lower incomes who are not able to do the same and are likely to face shortages when they attempt to replenish their food supplies. In response to this challenge, we call on governments to:

  • Increase — or introduce —  food stamps and subsidies, both in quantity for those already receiving them and in expansion of access to include those who become more vulnerable due to current circumstances
  • Direct businesses to ration nonperishable food supply to control inventory and increase access for those who, due to their income levels, must purchase over a longer period of time
  • Send food supply to rural communities to be stored and distributed as needed to eliminate the delay in accessing supply in city centers and safeguard against shortages due to delays in shipping
  • Send food supply to people unable to leave their homes (e.g. disabled people living alone or in remote areas)

Healthcare. All countries expect a massive strain on their public health systems due to the spread of the virus, and this can lead to decreased maternal health and increased infant mortality rates. There is often lack of access to healthcare services and medical supplies in rural communities. The elderly, people with disabilities, and people with compromised or suppressed immune systems are at high risk, and may not have live-in support systems. The change in routine and spread of the virus can create or exacerbate mental health issues. This crisis has a disproportionate impact on women who form, according to the World Health Organization’s March 2019 Gender equity in the health workforce working paper, 70% of workers in the health and social sector, according to the World Health Organization. It also disproportionately affects those who provide care for others.

In response to this challenge, we call on governments to:

  • Ensure the availability of sex-disaggregated data and gender analysis, including differentiated infection and mortality rates.
  • Increase availability and delivery of healthcare services and responders, medical supplies, and medications
  • Ensure women’s timely access to necessary sexual and reproductive health services during the crisis, such as emergency contraception and safe abortion
  • Maintain an adequate stock of menstrual hygiene products at healthcare and community facilities
  • Train medical staff and frontline social workers  to recognize signs of domestic violence and provide appropriate resources and services
  • Develop a database of high-risk people who live alone and establish a system and a network to maintain regular contact with and deliver supplies to them
  • Provide for the continued provision of health care services based on non-biased medical research and tests — unrelated to the virus — for women and girls
  • Implement systems to effectively meet mental health needs including accessible (e.g. sign language, captions) telephone/videocall hotlines, virtual support groups, emergency services, and delivery of medication
  • Support rehabilitation centers to remain open for people with disabilities and chronic illness
  • Direct all healthcare institutions to provide adequate health care services to people regardless of health insurance status, immigration status and affirm the rights of migrant people and stateless people — with regular and irregular migration status — and unhoused people to seek medical attention to be free from discrimination, detention, and deportation
  • Ensure health service providers and all frontline staff receive adequate training and have access to equipment to protect their own health and offer mental health support
  • Assess and meet the specific needs of women health service providers

Education. The closure of schools is necessary for the protection of children, families, and communities and will help to flatten the curve so that the peak infection rate stays manageable. It, however, presents a major disruption in education and the routine to which children are accustomed. In many cases, children who depend on the school lunch program will face food insecurity. They also become more vulnerable to violence in their homes and communities which can go undetected due to no contact. School closures also have a disproportionate burden on women who traditionally undertake a role as caregivers. In response to this challenge, we call on governments to:

  • Direct educational institutions to prepare review and assignment packages for children to keep them academically engaged and prevent setbacks and provide guidance for parents on the use of the material
  • Create educational radio programming appropriate for school-age children
  • Subsidize childcare for families unable to make alternate arrangements for their children
  • Expand free internet access to increase access to online educational platforms and material and enable children to participate in virtual and disability-accessible classroom sessions where available
  • Provide laptops for children who need them in order to participate in on-line education
  • Adopt measures to ensure they continue receiving food by making sure it can be delivered or collected
  • Provide extra financial and mental health support for families caring for children with disabilities

Social inequality. These exist between men and women, citizens and migrants, people with regular and irregular migration status, people with and without disabilities, neurotypical and neuroatypical people, and other perceived dichotomies or non-binary differences as well as racial, ethnic, and religious groups. Existing vulnerabilities are further complicated by loss of income, increased stress, and unequal domestic responsibilities. Women and girls will likely have increased burdens of caregiving which will compete with (and possibly replace) their paid work or education. Vulnerable communities are put at further risk when laws are enacted, or other measures are introduced, that restrict their movement and assembly, particularly when they have less access to information or ability to process it. In response to this challenge, we call on governments to:

  • Encourage the equitable sharing of domestic tasks in explicit terms and through allowances for time off and compensation for all workers
  • Provide increased access to sanitation and emergency shelter spaces for homeless people.
  • Implement protocol and train authorities on recognizing and engaging vulnerable populations, particularly where new laws are being enforced
  • Consult with civil society organizations the process of implementing legislation and policy
  • Ensure equal access to information, public health education and resources in multiple languages, including sign and indigenous peoples languages, accessible formats, and easy-to-read and plain languages

Water and sanitation. Everyone does not have access to clean running water. In response to this challenge, we call on governments to:

  • Ensure infrastructure is in place for clean, potable water to be piped into homes and delivered to underserved areas
  • Cease all disconnections and waive all reconnection fees to provide everyone with clean, potable water
  • Bring immediate remedy to issues of unclean water
  • Build public handwashing stations in communities

Economic inequality. People are experiencing unemployment, underemployment, and loss of income due to the temporary closure of businesses, reduced hours, and limited sick leave, vacation, personal time off and stigmatization. This negatively impacts their ability to meet financial obligations, generates bigger debts, and makes it difficult for them to acquire necessary supplies. Due to closures and the need for social distancing, there is also lack of care options and ability to pay for care for children, the elderly, and people with disabilities. This produces a labor shift from the paid or gig economy to unpaid economy as family care providers. In response to this challenge, we call on governments to:

  • Implement moratoriums on evictions due to rental and mortgage arrears and deferrals of rental and mortgage payments for those affected, directly or indirectly, by the virus and for people belonging to vulnerable groups
  • Provide Universal Basic Income for those with lost income
  • Provide financial support to unhoused people, refugees, and women’s shelters
  • Provide additional financial aid to elderly people and people with disabilities
  • Expedite the distribution of benefits
  • Modify sick leave, parental and care leave, and personal time off policies
  • Direct businesses to invite employees to work remotely on the same financial conditions as agreed prior to pandemic
  • Distribute packages with necessities including soap, disinfectants, and hand sanitizer

Violence against women, domestic violence/Intimate partner violence (DV/IPV). Rates and severity of domestic violence/intimate partner violence against women, including sexual and reproductive violence, will likely surge as tension rises. Mobility restrictions (social distance, self-isolation, extreme lockdown, or quarantine) will also increase survivors’ vulnerability to abuse and need for protection services. (See Economic inequality.) Escape will be more difficult as the abusive partner will be at home all the time. Children face particular protection risks, including increased risks of abuse and/or being separated from their caregivers. Accessibility of protection services will decline if extreme lockdown is imposed as public resources are diverted. Women and girls fleeing violence and persecution will not be able to leave their countries of origin or enter asylum countries because of the closure of borders and travel restrictions.

In response to this challenge, we call on governments to:

  • Establish separate units within police departments and telephone hotlines to report domestic violence
  • Increase resourcing for nongovernmental organizations that respond to domestic violence and provide assistance — including shelter, counselling, and legal aid —  to survivors, and promote those that remain open are available
  • Disseminate information about gender-based violence and publicize resources and services available
  • Direct designated public services, including shelters, to remain open and accessible
  • Ensure protection services implement programs that have emergency plans that include protocols to ensure safety for residents and clients
  • Develop protocol for the care of women who may not be admitted due to exposure to the virus which includes safe quarantine and access to testing
  • Make provisions for domestic violence survivors to attend court proceedings via accessible teleconference
  • Direct police departments to respond to all domestic violence reports and connect survivors with appropriate resources
  • Ensure women and girls and other people in vulnerable positions are not rejected at the border, have access to the territory and to asylum legal procedures. If needed, they will be given access to testing

Access to information. There is unequal access to reliable information, especially for those structurally discriminated against and belonging to marginalized communities. People will need to receive regular updates from national health authorities for the duration of this crisis. In response to this challenge, we call on governments to:

  • Launch public campaigns to prevent and contain the spread of the virus
  • Consult and work with civil society in all initiatives to provide information to the public
  • Make information available to the public in plain language and accessible means, modes and formats, including internet, radio and text messages
  • Ensure people with disabilities have access to information through sign language, closed captions, and other appropriate means
  • Increase subsidies to nongovernmental organizations that will ensure messages translated and delivered through appropriate means to those who speak different languages or have specific needs
  • Build and deploy a task force to share information and resources with vulnerable people with specific focus on unhoused, people with disabilities, migrant, refugees, and neuroatypical people

Abuse of power. People in prisons, administrative migration centers, refugee camps, and people with disabilities in institutions and psychiatric facilities are at higher risk of contagion due to the confinement conditions. They can also become more vulnerable to abuse or neglect as a result of limited external oversight and restriction of visits. It is not uncommon for authorities to become overzealous in their practices related to enforcement of the law and introduction of new laws. During this crisis, vulnerable people, especially dissidents, are at a higher risk of having negative, potentially dangerous interactions with authorities. In response to this challenge, we call on governments to:

  • Adopt human rights-oriented protocols to reduce spreading of the virus in detention and confinement facilities
  • Strengthen external oversight and facilitate safe contact with relatives i.e. free telephone calls
  • Encourage law enforcement officers to focus on increasing safety rather than arrests
  • Train law enforcement officers, care workers, and social workers to recognize vulnerabilities and make necessary adjustments in their approach and engagement
  • Support civil society organizations and country Ombudsmen/Human Rights Defenders in monitoring the developments within those institutions on a regular basis
  • Consult any changes in existing laws with civil rights societies and Ombudsmen/Human Rights Defenders
  • Commit to discontinuing emergency laws and powers once pandemic subsides and restore the check and balances mechanism

Sign onto the statement here either as an individual or representative of an organization: tiny.cc/endorsenow

Women’s Rights Caucus Issues Feminist Declaration Marking 25th Anniversary of the Beijing Declaration and Platform for Action


CSBR joined over 200 organizations globally in adopting the Feminist Declaration on the occasion of the twenty-fifth anniversary of the Fourth World Conference on Women.

Read the Feminist Declaration here.


New York, March 9, 2020

Twenty five years after the adoption of the Beijing Declaration and Platform for Action, the foundational global document on gender equality, governments at an abbreviated session of the UN’s Commission on the Status of Women (CSW) have reaffirmed a commitment to gender equality but, according to leading feminist groups and activists, fell short of committing to the transformative steps necessary to achieve this vision.

To address the gaps in the political declaration adopted at the CSW by governments, the Women’s Rights Caucus—a global coalition of more than 200 feminist organizations, networks and collectives that advocates for gender equality at the United Nations—has published an alternative, feminist declaration. The Feminist Declaration outlines a bold and urgent agenda for gender equality and the human rights of all women and girls, and centers the critical role of civil society organizations advocating for accountability in policy and programs meant to promote, protect, and fulfill human rights for all.

“The stalled progress on gender equality is profoundly disappointing and threatens the lives and well-being of girls, women, and non-binary people worldwide,” said the Women’s Rights Caucus. “It is not enough for governments to simply reaffirm past commitments. To achieve gender equality, we need to commit to supporting feminist movements and to adopt a bold and forward-looking agenda that addresses the multiple and intersecting challenges faced by all women and girls. The Feminist Declaration launched today reflects the priorities of the feminist movement and provides governments and other stakeholders with a path toward true equality.”

The feminist declaration includes critical issues that governments must tackle to achieve gender equality, including: sexual and reproductive rights and bodily autonomy; women, peace, and security; the intersections between the climate crisis and gender equality; and the role of women’s human rights defenders and feminist movements, who are the key to driving long-term change.

Due to ongoing concerns about the spread of COVID-19, CSW was suspended after the adoption of the political declaration. The Women’s Rights Caucus welcomes the decision to prioritize the health and safety of participants, but will hold the Commission’s leadership accountable for reconvening the full CSW later this year and ensuring robust discussion between feminist organizations and governments.

The political declaration marks the anniversary of the revolutionary agreement made at the Fourth World Conference on Women in Beijing in 1995. With this declaration, governments had the opportunity to identify and address new challenges, and set the stage for a new international agenda for gender equality. However, 25 years later, the limited scope of the political declaration demonstrates that this opportunity was not seized.

Despite the limitations of CSW’s political declaration, there remains hope that 2020 will deliver significant gains for gender equality. The feminist movement will continue to work alongside those who share our vision as we commemorate the 25th anniversary of Beijing—and other key landmarks including the 5th year of the Sustainable Development Goals and the 20th anniversary of UN Security Council Resolution 1325 on women, peace, and security—and seize the opportunity of the Generation Equality Forums. These events provide the opportunity to focus resources and political will into a progressive and just agenda for gender equality that truly leaves no one behind. But to achieve our goal, we in the feminist movement must have our priorities and organizations supported.

The Feminist Declaration launched today provides governments with a roadmap to achieve not only the vision outlined in Beijing, but the transformative change necessary to deliver Generation Equality.

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The Women’s Rights Caucus is a self-organized feminist advocacy group, comprised of more than 200 organizations, dedicated to advancing gender equality and the United Nations.


Reposted from OutRight Action International

Women Transforming A World Radically in Crisis: A Framework for Beijing 25+

CSBR joins feminist organizations and networks across the globe to endorse Women Transforming A World Radically in Crisis: A Framework for Beijing 25+, a collective framework for resisting neoliberal capitalism and climate change: the critical, structural obstacles to gender justice and women’s human rights. 


  1. Framework

In 1995, the NGO forum of the Fourth World Conference on Women was titled “Looking at the World Through Women’s Eyes.” It placed on the global stage the collective vision of women’s movements worldwide, which was pivotal to advancing the most progressive outcomes adopted by the conference. While we have seen achievements in the twenty-five years since, we have also witnessed backlash against those gains and the consolidation of power imbalances and structures underlying women’s oppression, with dire results.

The world is in a state of profound crisis, laying bare the perverse arrangement of capitalism. The ideologies that have been deployed for centuries to justify the accumulation of capital live on today through neoliberalism and the insidious contemporary incarnations of patriarchy, white supremacy, and colonialism that are central to its functioning. As systemic drivers of women’s oppression and inequality, they form an interlocking system that must be confronted.

In marking the Beijing+25, we must celebrate and affirm gains we have made in countering this system and advancing women’s human rights; harness our rage at the crises confronting our communities and ecologies; build on the hope of women’s mobilization and transformative actions; and take collective action to forge solidarity with other resistance and liberation movements, demanding accountability of states and the private sector.

Neoliberal capitalism is a key driver of current global crises. Its core logic positions “free” markets and profit above people and the planet. Women have long been at the forefront of struggles against this system, understanding it to be fundamentally incompatible with the liberation and empowerment of women, and transgender and gender non-conforming people. As we understand patriarchal structures and white supremacy to be central to the current functioning of neoliberal capitalism—evident in the mountain of unpaid care work on which corporate profits rest—the market cannot be an effective mechanism through which to correct gender, racial, or ethnic inequality. Instead, active policy interventions that seek to restructure the current, unequal state of the economy and society are fundamental to a feminist approach. Neoliberalism attacks regulation and policy interventions that might constrain capital; it is, therefore, fundamentally at odds with gender justice and human rights.

Global capital is more fearsome than ever, shepherded through decades of unrestrained growth and extractivism by neoliberal dominance, and unchecked by neo-extractivist developmentalist models. In its pursuit of profit, it has caused ecological devastation, underdevelopment, violence, and repression through deepening authoritarianism worldwide. At worst, it actively sows division and social inequality where it can profit; at best, it either ignores or co-opts popular struggles to advance its own agenda (evident in recent attempts to advance trade liberalization under the guise of women’s empowerment.) From structural adjustment programs in the 1980s to contemporary debt distress, the neoliberal system has used financial and political tools to keep countries, especially in the global South, tied to the interests of global capital, undermining their right to development, and the agency to imagine and adopt policies that prioritize the needs of their people. While trade liberalization, deregulation, austerity, and privatization have been justified in the name of “economic growth,” these neoliberal policies have failed to improve standards of living for the majority of the world’s poor. Instead they have exacerbated existing inequalities of power, particularly along the fault lines of resource and wealth disparities between countries, between rich and poor, between men and women, and between dominant and oppressed racial and ethnic groups.

In Mexico City, we will converge as diverse constituencies of women across social movements who resist these structures of oppression in their various contexts. In a time of dire crisis, we seek a radical transformation of a world in crisis, putting women, people, and the planet over profit.

Continue reading the full Framework here: http://bit.ly/B25Framework

 

 

Joint CSO Statement on Safe & Legal Abortion @ UN HRC42


CSBR joined 316 organizations and 506 individuals to affirm the right to safe and legal abortion at UN HRC 42. Read the statement below.





JOINT CIVIL SOCIETY STATEMENT

42ND SESSION OF THE UN HUMAN RIGHTS COUNCIL

INTERNATIONAL SAFE ABORTION DAY – 28 SEPTEMBER 2019

Please note that a shorter version of this statement was delivered orally on 23 September 2019 to fit the time requirements of the Human Rights Council.

Thank you, President. I deliver this statement on behalf of 317 organizations[i] and 506 individuals.[ii]

In the Vienna Declaration and Programme of Action, States explicitly agreed to prioritize the realization of women’s human rights and recognized that all human rights are universal, indivisible, interdependent and interrelated. Yet, 26 years later, women and girls’ human rights and bodily autonomy continue to be routinely violated, including through the denial, criminalization and stigmatization of access to safe and legal abortion – all of which is rooted in the discrimination, oppression, violence and coercion affecting the material conditions that shape people’s lives and ability to exercise their bodily autonomy and human rights.

In 1994, Black feminists came together as the Women of African Descent for Reproductive Justice, in reaction to the white supremacy, colonialism and capitalism they observed shaping reproductive politics and inherent in the broader population control narratives. Reproductive justice is centered on the rights to bodily autonomy and self-determination, and to parent and not to parent in safe and healthy environments.[iii] It is rooted in an intersectional analysis and moving beyond an individualistic conception of “choice” to instead place emphasis on the material conditions necessary to exercise reproductive rights. Reproductive justice also addresses the legacy of population control informed by white supremacy and replacement theory, which has resurfaced in current populist politics.

Reproductive justice is achieved when all people are able to enjoy their right to bodily autonomy and sexual and reproductive self-determination. It requires people to enjoy economic, social, and cultural rights and freedoms, and the ability to make and exercise choices not limited by oppression, discrimination, stigma, coercion, violence, lack of opportunities or possible consequences. Treaty bodies and special procedures have echoed this need and recognized that the realization of women’s reproductive rights depends on the material conditions in which they are born, grow, live, work and age, and on power structures and resource distribution at all levels[iv] – in other words, the social and other determinants of health.[v] These include access to housing, safe drinking water, effective sanitation systems, access to justice, and freedom from violence, among other factors, and impact the agency that individuals can exercise with respect to their sexual and reproductive health.[vi] Our discussions on abortion and sexual and reproductive rights cannot continue ignoring these factors.

The realization of reproductive justice, the right to bodily autonomy and substantive equality also requires freedom from control and interference by State and non-State actors, including private companies, donors and multinational corporations, including criminalization of sexual and reproductive behaviors and decisions, restrictive abortion laws, punitive sanctions, and legal restrictions to regulate women’s control over their own bodies.[vii] These laws, policies and practices typically target and disproportionately impact women of color, women from the Global South, women with disabilities, women living in poverty, migrant women, ethnic minorities and indigenous women, women living with HIV, young women and adolescents, sex workers and gender-non-conforming persons based on racial, class, disability and gender stereotypes.[viii]

Today, on 28 September, International Safe Abortion Day, we urge States to respect, protect and fulfill women and girls’ human rights and realize reproductive justice for all. We call on states to:

  • Ensure access to available, accessible, acceptable and quality sexual and reproductive health services as part of universal health coverage and public health systems, including modern contraceptive options, comprehensive abortion and post-abortion care, financed adequately through taxation and free from control from other governments, multilateral agreements and transnational corporations.
  • Remove all legal and social barriers to safe abortion, including its criminalization, which is broader and including sanctions and no sanction regimes, and commit to providing safe abortion services on request.
  • Address social and other determinants of health in law and practice from an intersectional perspective to ensure that they enable all individuals to effectively enjoy their sexual and reproductive rights.[ix]
  • Hold private companies and multinational corporations accountable for unethical research practices, violations and abuses of women and girls’ reproductive rights and bodily autonomy.

Prioritize the meaningful participation of local movements, women human rights defenders and feminists demanding accountability for sexual and reproductive health and rights violations, and center their demands and recommendations for the realization of reproductive justice.


[i] SIGNED:

Aakanksha Seva Sadan; Abortion Rights Coalition of Canada; Académicas en Acción Crítica; Action Canada for Sexual Health and Rights; Action pour la Lutte Contre l’Injustice Sociale (ALCIS); ADESPROC Libertad; African Sex Workers Academy (ASWA); African Women Rising; Agenda 2030 Feminista; AIDOS Italian Association for Women in Development; Akahatá; Albania Centre for Population and Development; Alberta Pro-choice Coalition; Alberta Society for the Promotion of Sexual Health; Alianza por la Solidaridad; Alliance for Choice; ALRANZ Abortion Rights Aotearoa; ALTSEAN Burma; Amnesty International; Asia Catalyst; Asia Pacific Alliance for Sexual and Reproductive Health and Rights (APA); Asia Pacific Forum on Women, Law and Development (APWLD); Asia Safe Abortion Partnership; Asian-Pacific Resource and Research Centre for Women (ARROW); Asociación Ciudadana ACCEDER; Asociación Ciudadana ACCEDER; Asociacion Civil Mujeres en Linea; Asociación con la A; Asociación de Clínicas Acreditadas para la IVE, ACAI; Asociacion metropolitana de equipos de salud; Asociación Venezolana para una Educación Sexual Alternativa. AVESA; Associação para o Planeamento da Família, Portugal (APF); Association for Women’s Rights in Development (AWID); Association of War Affected Women; Association Tunisienne des Femmes Démocrates; Australian Women Against Violence Alliance (AWAVA); Austrian Family Planning Association; Avenir Jeune de l’Ouest (AJO); Balay Alternative Legal Advocates for Development in Mindanaw (BALAOD Mindanaw); Belize Family Life Association; Beyond Beijing Committee; Brac School of Public Health; Breakthrough; Bridges-puentes.com; Campaña 28 de Septiembre por la Despenalización Bolivia; Campaña 28 de setiembre “por la despenalización del aborto en América Latina y el Caribe” – Paraguay; Campaña Nacional por el Derecho al Aborto, Legal, Seguro y Gratuito. Argentina; Canadian HIV/AIDS Legal Network; CARAM Asia; Católicas por el Derecho a Decidir (Colombia); Católicas por el Derecho a Decidir (España); CEDES center for the Study of State and Society; Center for Health and Gender Equity (CHANGE); Center for Reproductive Rights; Centre for Independent Journalism (Malaysia); Centre for Sexualities, AIDS and Gender, University of Pretoria; Centre for Women’s Development and Research; Centro de Derechos de Mujeres; Centro de Promoción y Defensa de los Derechos Sexuales y Reproductivos -PROMSEX; Centro integral de Salud Sexual y Reproductivos; Change Action Nepal; CHOICE for Youth and Sexuality; CO Legalife-Ukraine; Coalition Internationale des Femmes Mobiles; Coalition of African Lesbians; Colectiva de Antropólogas Feministas; Colectiva Mujeres Al Derecho; Collectief 8 Maars; Comité de América Latina y El Caribe para la Defensa de los Derechos de las Mujeres; Comité de América Latina y el Caribe para la Defensa de los derechos de las Mujeres – CLADEM Bolivia; Commonhealth; Community and Family Aid Foundation-Ghana; Community Safety and Mediation Center; Community Strength Development Foundation; Consorcio Boliviano de Juventudes – Casa de la Juventud; Corporación Red Somos; Cosmopolitan Affirming Church; CREA; Creación Positiva; Critical Studies in Sexualities and Reproduction, Rhodes University, South Africa; CSBR | Coalition for Sexual and Bodily Rights in Muslim Societies; CWIN Nepal; Deutsche Stiftung Weltbevölkerung DSW; Development Communications Network; Disabled Women Ireland; Domestic Violence Project at the Urban Justice Center; Dziewuchy Berlin; Eastern Caribbean Alliance for Diversity and Equality Inc (ECADE); End FGM European Network; EngenderHealth; Equality Bahamas; Equidad de Género, Ciudadanía, Trabajo y Familia – México; Equipo Jurídico por los Derechos Humanos; E-Romnja Association (The Association for Promoting Roma Women’s Rights); Euroregional Center for Public Initiatives (ECPI); Family Health Options Kenya; Family Planning New Zealand; Family Planning NSW Australia; Federación Feminista Gloria Arenas; Federación Mujeres Jóvenes; Federación Nacional de Asociaciones de Mujeres Separadas y Divorciadas; Federación Planificación Familiar Estatal; Federation for Women and Family Planning; Federation of Reproductive Health Associations, Malaysia; Feminism in India; Feminist Solutions towards Global Justice (FemJust); Femme Forte Uganda; Fondo Lunaria, Colombia; Fondo Semillas; Foro por los Derechos Reproductivos; Forum for Medical Ethics Society, Mumbai, India; Foundation for Innovative Social Development; Foundation for leadership Initiatives; Fundación Angélica Quinta; Fundación Mexicana para la Planeación Familiar, A. C.; Fundación Mujeres en Igualdad; Fundación para Estudio e Investigación de la Mujer; Fundación por una Sociedad Empoderada; Fundamental Human Rights & Rural Development Association (FHRRDA); FUSA Asociación Civil; Gemeinnützige Stiftung Sexualität und Gesundheit (GSSG); GHAROA Assam; Give Hope Uganda; Global Citizen, LLC; Global Fund for Women; Global Health Visions; Global Human Rights Group; Global Justice Center; Global Justice Institute; Global Network of Sex Work Projects (NSWP); Gramin Punarnriman Sansthan; Gramoday Chetna Kendra; Great Lakes Initiative for Human Rights and Development; Groupe Tawhida Ben Cheikh, Recherche et Action pour la Santé des Femmes; Grupo para o Desenvolvimento da Mulhuer e Rapariga (GDMR); Haldimand-Norfolk Pro-Choice Coalition; Health Development Initiative; Herstoire Collective; HPLGBT; Human Rights Project at the Urban Justice Center; Humsafar Bokaro; Humsafar Support Centre for Women; Independent Young People Alliance Foundation; Indigenous Women League Nepal (IWL Nepal); Indonesian Planned Parenthood Association; Iniciativas de Cooperación Internacional para el Desarrollo (ICID); Initiative for Equality and Non Discrimination; Innovations for Development; Instituto de las Mujeres y el Liderazgo en Sinaloa, AC; International Campaign for Women’s Right to Safe Abortion; International Humanist and Ethical Union; International Movement Against All Forms of Discrimination and Racism (IMADR); International Planned Parenthood Federation (IPPF); International Service for Human Rights (ISHR); International Women’s Health Coalition; International Women’s Rights Action Watch Asia Pacific; International Youth Alliance for Family Planning; International Youth Alliance for Family Planning – Mexico; Ipas; Ipas Africa Alliance; Irish Family Planning Association; Jasy Renyhe; Kamana News Publications Pvt. Ltd.; KARAT Coalition, Poland; Katswe Sistahood; Kazimierz Lyszczynski Foundation (Fundacja Kazimierza Łyszczyńskiego); Kenya Sex Workers Alliance (KESWA); Kisumu Sex Workers Alliance; Korea Women’s Association United; L’ Associació Drets Sexuals i Reproductius; Lady Mermaid’s Bureau; LEGABIBO; Leha Self Help Group; Lok Chetana Samiti; LOOM; Mahila Sewak Samaj; MANAVI; Manushya Foundation; MAP (Migrant Assistance Program) Foundation; Marie Stopes International; Marie Stopes International Nepal; MenEngage Alliance; Men’s Association for Gender Equality, Sierra Leone (MAGE SL); Metropolitan Community Churches; Midwifery Society of Nepal; MINBYUN – Lawyers for a Democratic Society; Minority Womyn in Action; Movimiento Nacional por la Salud Sexual y Reproductiva en Colombia; Mugarik Gabe; Mujeres independientes luchando por sus derechos; Mujeres independientes luchando por sus derechos. MI.L.D PLAPERTS. REGIONAL22; Mujeres Liquidambar; Nalane for Reproductive Justice, South Africa; Namibia Diverse Women’s Association; Nari Gunjan; Naripokkho; National Alliance of People’s Movements; National Association for Women’s Action in Development; National Association of Women and the Law / Association Nationale Femmes et Droit; National Collective of Independent Women’s Refuges; National Council of Women New Zealand; National Council of Women Spain; National Organization of Women of Barbados; NCW Hamilton; Net Organisation for Youth Empowerment and Development (NOYED-Ghana); Network for Adolescent and Youth of Africa; New Zealand Nurses Organisation; No More Shame Gibraltar; North American MenEngage Network (NAMEN); Ntethelelo Foundation; Nujeen for Family Democratizing Organization; One in Nine; Oxfam; PA women’s organisation Alga; Pakasipiti Zimbabwe; Pamflet; PaRiter; Peacs Foundation Pakistan; People’s Empowerment Foundation (PEF), Thailand; Physicians for Reproductive Health; Pilipina Legal Resources Center, Inc.; PION Sex Workers’ Right Organization in Norway; Planned Parenthood NL Sexual Health Centre; Planned Parenthood Regina; PLAPERTS REGIONAL; Plataforma Derechos Aquí y Ahora; Population Connection Action Fund; Population Matters; Pro Femina Association; Promoción y Desarrollo de la Mujer – PRODEMU; Promundo-US; Radha Paudel Foundation; Radha Paudel Foundation; Raise Your Voice Saint Lucia Inc; Red de Mujeres Trabajadoras Sexuales (RedTraSex); Red de Salud de las Mujeres Latinoamericanas y del Caribe; Red por los derechos sexuales y reproductivos en México (ddeser); Regional Coalition of Women Human Rights Defenders in MENA; Reproductive Health Network Kenya; Resource Center for Women and Girls; Right Here Right Now-Kenya; Rights for All Women; Rural Women Rights Structure, RWRS; Rutgers; SAHYOGINI; Sakhi for South Asian Women; SAMYAK, Pune; Sensoa; SERAC-Bangladesh; Seres; Sex og Politikk (IPPF Norway); Sex Workers Project at the Urban Justice Center; Sexual and Reproductive Justice Coalition (SRJC); Sexual Health Centre Lunenburg County; Sexual Health Nova Scotia; Sexual Rights Initiative; Shadhika; Shirkat Gah – Women’s Resource Centre; SHORE Centre; Si Jeunesse Savait; Sinergias Alianzas Estratégicas; Sisterhood Network; Smart Seven Women With Disabilities; Social and Development Research and Action Group; Social Uplift Through Rural Action (SUTRA); Societatea de Planificare a Familiei din Moldova / Family Planning Association of Moldova; Society for Feminist Analyses AnA Romania; Society for Sustainable Development; Society for the Improvement of Rural People; Socio Legal Information Centre; Solidarité des Femmes Burundaises pour le bien-être Sociale et le Progrès (SFBSP); Sonke Gender Justice; Space Allies; SPECTRA; Sruti disability rights centre; STAR-STAR – Association for Support of Marginalized Workers; Stowarzyszenie Łódzkie Dziewuchy Dziewuchom; Stretchers Youth Organization; Sukaar welfare organization Pakistan; Support Group and Resource Center on Sexuality Studies; Surkuna; Swabhimaan; Taller Salud; The Community Agenda; The New Zealand Federation for Business and Professional Women Inc.; The Public Health Association of New Zealand; The Weaving House; The YP Foundation; Trust for Indigenous Culture And Health (TICAH); Urban Survivors Union; Uthema Maldives; Vecinas Feministas por la Justicia Sexual y Reproductiva en América Latina; Vikalp (Womens Group); Vishakha; Voluntary Organization for Vulnerable Community Development (VOVCOD); White Ribbon Canada; Woman Health Philippines; Women and Development Unit, University of the West Indies Open Campus; Women and Harm Reduction International Network; Women and Media Collective; Women Enabled International; Women Help Women – Self-Managed Abortion Safe & Supported (SASS); Women’s Resource Center; Women’s Rights Center NGO; Women’s Global Network for Reproductive Rights; Women’s Global Network for Reproductive Rights, Africa; Women’s Human Rights Education Institute; Women’s International League for Peace and Freedom (WILPF); Woodhull Freedom Foundation; Working Women’s Resource Centre; Young Bhutanese Coalition of New York; Youth Advocacy Network (YAN); Youth Association for Development; Youth Coalition for Sexual and Reproductive Rights; Y-Peer Albania; Yuwa; YWCA Auckland as of 24 September, 4PM CET.

[ii] Aaron B. Katz; Aarushi Khanna; Adelaida Garcia Codina; Adriana Pérez; Adrienne M Poulter; Agata Szulia; Agnieszka Itner; Agnieszka Kruszyna; Agustin Ramunni; Aiman Khan; Alankrita Anand; Albu Laura; Alejandra Massolo; Aleksandra; Aleksandra; Aleksandra Cichecka; Aleksandra Makara; Alexandrina Wong; Alice Munala; Alina Adhikari; Aloha Lavina; Amal Hadi; Amar Jesani; Ambika Tandon; Amy Andersen; Amy Bosche; Amy E. Alterman; Amy Goudie; Amy Pearl; Ana María González; Ana Maria Palacios; Ananya Banerjee; Anchita Ghatak; Andal Gopalakrishnan; Angélica Cocomá; Angélica Contreras; Anita Drążkiewicz; Anjana; Ann Pomeroy; Ann Weatherall; Anna; Anna Davies-van Es; Anna Hovhannisyan; Anne Sprinkel; Anubha Rastogi; Anubha Singh; Araszkiewicz; Arifa Shakeel; Arkana Khatoon; Ashish Gupta; Assoc. Professor of Law Margaret Drew; Ayesha; Aylen de Florian; Barbara; Barbara B. Crane; Beatriz Sagrado Roberto; Benjamin Nolan; Benu Maya Gurung; Berit Austveg; Bernice Williams; Bertin; Betty A, Reardon; Bishop Pat Bumgardner; Bourez; Caban-Benavides Monika; Carol Bradford; Carrie Hill; Casey Blake; Casteele Anne-Sophie; Catalina Calderon; Chandnisrinivasan; Charu Chaturvedi; Chelsea Keenan; Christine Ball; Christine Denne; Christopher; Claudia Gómez López; Cleone Campbell; Corrinne Oliver; Cynthia Rothschild; Damary Martínez Porras; Dame Carol Kidu; Daniela Colombo; Daniela Draghici; Danuta; Deb Tuchelt; Devalina; Devika Biswas; Devu Parajuli; Dianne Glenn; Dinah Wouters; Disha Mullick; Dolores Fenoy; Dorinda Wider; Dorothy Agalla; Dr Janet Downs; Dr Jessica Rucell; Dr Judy Whitcombe; Dr RN Srivastava; Dr Rohit K Dasgupta; Dr Tlaleng Mofokeng; Dr. Alka Barua; Dr. Laxmi Tamang; Dr. Rosemary Dzuvichu; Ducarme Camille; Durga Sapkota; Dwiya; Eddie Mhlanga; Edith Bardel; Ekaterine Aghdgomelashvili; Elaine Henry; Elena Sajina; Eleonora; Eliseo Yáñez; Elsa Schvartzman; Elspeth Preddey; Elvis Okotete; Emeline Dupuis; Emmanuel Ndabombi; Erick Monterrosas; Esan; Esmae Emerson; Esther J. Spindler; Eva Camps Olmedo; Eva Herrera; Ewa Dabrowska-Szulc; Ewelina Stanczuk; Farhana Alam; Farida Begum; Faryl Palles; Federica; Felicity Jansonius; Fiona Given; Florencia; Frances Bell; Francesca Pérez; Francoise Mukuku; Gabriel; Brettkelly; Gabriela Luchetti; Gabrielle Bush; Gabrielle Le Roux; Garima Shrivastava; Gertrude Wafula; Gina Dao-McLay; Giorgi Tabagari; Giorgi Tabagari; Giulia Virdis; Glenn C M Oliver; Golden Nachibinga; Gopika Bashi; Graciela Séneca; Hansa Naran; Hassairi Rieunier; Hina; Homendra Sah; Huma Khan; Indiana Jimenez; Iratxe García Pérez; Ireen Dubel; Irena Brorens; Iryna Tyshko; Isaias Creig; Iwona; Iza Desperak; J.F. Dolheguy; Jabulile Mary-Jane Jace Mavuso; Jade Maina; Jamila Sale Mande; Jane Cottingham; Jane George; Janet Wong; Javier Maestre Toscano; Jayanthi Kuru-Utumpala; Jean-Philippe Imbert; Jenine J LeCuyer; Jenna Carswell; Jennifer Harper; Jennifer Harris; Jennifer Swinehart; Jennifer Walter; Jenny Durán; Jerónimo Pereyra; Jesica Miño; Jessica Boulet; Jessica Mercer-Short; Jihan Jacob; Jo Scofield; Jo Shearer; Joanna Drozdzewicz; Joanna Dybich; Joanna Maskell; Joelle Basnight; Johan Maritz; John Amanya; Jose Antonio Bosch Valero; Joseline Velásquez Morales; Joshua Mendelsohn; Josué Rangel; Joy Walpole; Joyce Arthur; Juanita Burnett; Judiac; Judith Pellow; Judith Sutherland; Julia; Julie Dorf; Juliet Manning; Justine van de Beek; K.K. Balakrishnan; Kamal; Kamal Gautam; Kamya Arajab; Kapil Kafle; Karen Anaya Cortez; Karin Verbaken; Karolina; Kassoum Coulibaly; Katarzyna; Katarzyna; Katarzyna Gromadzka; Katarzyna Waniek; Kate; Katherine Acey; Kathryn Carruthers; Kathryn Hopkinson; Kathy Dawson; Kerry Davies; Kimberly Lacroix; Kirsty Bourret; Kirsty Campbell; Kirtana Kumar; Kristeen Johnston; Kristina Stockwood; Krystyna Kacpura; Larissa Arroyo Navarrete; Laura Hernández García Defensora de Derechos Humanos; Laurice Botica; Laxman Belbase; Libby; Libby Grant; Liezl Parajas; Liliana Religa; Lina Tatiana Lozano Ruiz; Linda B.; Linda Hill; Linda Kinniburgh; Lisa Adams; Lisa Lawrence; Lois Hampstead; Lori Sudderth; Lorna Mungur; Lourdes Rocio Bustos; Lucía Candeira; Lucia Melgar; Luciana Mignoli; Lucy Jane Gray; Luziano Agirre; LynetteGrave; Lynne Frith; Madelynn Bovasso; Madhumita Das; Magdalena; Magdalena Dlugosz; Majo Corvalán; Malgorzata Danicka; Mamello Makhele; Mara Martínez Monteagudo; Marcelo; Marevic Parcon; Margaret Coe; Maria Alicia Gutierrez; María Cristina Pacheco Alcalá; Maria Fontenelle; Marian Sanz; Marie Jobin Gélinas; Marina Lini Chein; Marta Szostak; Martha Calveyra; Martha I. Rosenberg; Martina Bloch; Mary Hansel; Mary Perrott; Mary Shearman; Marzena; Matilda González; Matokgo Makutoane; Maxine Boag; Maya Sharma; Melanie M Anderson; Melina; Mercedes Mariscal; Michael Brenndorfer; Mira Fey; Miriam Chao Mshimba; Monifa Adebola; Monika Bujak; Monika Piasek; Morgane Boëdec; Muthoni Ngige; Nabin Kumar Shrestha; Nadine Raymond; Nandini; Nandini Ghosh; Narayani Tripathi; Nasreen Jamal; Natalia Gordon; Nataliia; Nerisha Baldevu; Ngozi Nwosu-Juba; Nibha Kumari; Nick Leslie; Nicole Bourbonnais; Nikki Baldwin; Nila Kelly; Nina Sankari; Nirvana González Rosa; Njukia Muracia; Nkeshi; Noemi Grütter; Oishik Sircar; Olive Uwamariya; Pablo Cabrero; Paige Fulton; Palita; Pampa Mukherjee; Paramita Panjal; Paroma Ray; Paul Van Look; Paula Gallegos; Payal Shah; Petitpas; Petra Bayr; Phelister Abdalla; Pilar; Poison; Powhiri Wharemarama Rika-Heke; Prabhakar; Prabina Bajracharya; Pragya Singh; Prakash; Prameswari Puspa Dewi; Prasanta Bandyopadhyay, MD.; Preet; Preeti Vaghela; Prof. Brian Citro; Prof. Dr. Asha Bajpai; Prof. Mohan Rao; Purna Shrestha; Rabeya Sultana; Rae Julian; Raewyn Stone; Ravi Duggal; Rebecca Fogel; Rebecca Gill; Reinhard; Renuka; Rina Roy; Ritz Lee B. Santos III; Robert; Robin Peterson; Rosa Vania Setowati; Roslyn Hiini; Rukmini Sen; Ryszard; Sahil Tandon; Salonie Muralidhara Hiriyur; Samantha Risdon; Sana Contractor; Sana Durvesh; Sana Sharif; Sanjeev Roy; Saraban Tahura Zaman; Sarah Cason; Sarah Kaddoura; Sarah Wood; Schulz Patricia; Serra Sippel; Shabnam; Shambhavi Saxena; Shamim; Shanta Laxmi Shrestha; Sharanya Sekaram; Sharda; Sharon Orshalimy; Sheba Chhachhi; Shevata Rai Talwar; Shilpa Shroff; Shirin Brown; Shraddha Chickerur; Shweta Ghosh; Silvana Weller; Silvia Cartwright; Silvina; Smriti Lamech; Sofia Alessio Robles; Sofía Díaz Echeverri; Sofía Mora Calvo; Sofia Rojo; Sofía Salinas; Sonam Mittal; Sonya Renata; Srilatha Batliwala; Steve; Stuart Halford; Stuti Tripathi; Sudeep Chaudhuri; Sudha Chauhan; Sue Cathro; Sue Smith; Suhel Bidani; Sunil Shrestha; Surabhi Srivastava; Susan John; Susana García; Suveckshya Shah; Swagata Raha; Swapan Mazumder; Sylwia Grabińska; Tanya Jacobs; Taryn Wahl; Theresa Mulenga; Tim Barnett; Tracy Kovalench; Trifin D.; Tshino Ramaite; Ute Herrmann; Uttara S Subramanian; V.S. Elizabeth; Vanisa Dhiru; Vanya Bailey; Varsha; Venus Sood Guy; Verona Valencia García; Victoria Pedrido; Vijay Kumar Singh; Vinay Kulkarni; Viviana Mazur; Viviane Sebahire Maramuke; Vivien Whyte; Wafa Mudawi Ibrahim Adam; Walter Basnight; Wendy Chavkin; William Nicholas Gomes; Woodi Sprinkel; Ying; Zanele Mabaso; Zenande Mcotsho; Zoë Lawton; Zofia; Zoila Paredes; and 58 anonymous individuals as of 24 September, 4PM CET.

[iii] Ross, Loretta, and Rickie Solinger. 2017. Reproductive Justice: An Introduction. Page 65.

[iv] WHO, About social determinants of health (2017), available at http://www.who.int/social_determinants/sdh_definition/en (last visited Oct. 16, 2017) [hereinafter WHO, About social determinants of health].

[v] See, e.g., CEDAW Committee & CRC Committee, Joint General Recommendation No. 31 & General Comment No. 18: On harmful practices, (2014), paras. 68-9, U.N. Doc. CEDAW/C/GC/31-CRC/C/GC/18 (2014) [hereinafter CEDAW Committee & CRC Committee, Joint Gen. Recommendation No. 31 & Gen. Comment No. 18]. See also CRC Committee, Concluding Observations: Mongolia, para. 51(a), U.N. Doc. CRC/C/MNG/CO/3-4; ESCR Committee, Concluding Observations: Australia, para. 28, U.N. Doc. E/C.12/AUS/CO/4 (2009) and ESCR Committee, General Comment 22 on the right to sexual and reproductive health, paras.7-8.

[vi] ESCR Committee, Concluding Observations: Australia, para. 28, U.N. Doc. E/C.12/AUS/CO/4(2009); WHO, About social determinants of health, supra note 2, see also ESCR Committee, General Comment 22 on the right to sexual and reproductive health, paras. 7-8.

[vii] Report of the Working Group on the issue of discrimination against women in law and in practice, Discrimination against women with regard to health and safety, U.N. Doc A/HRC/32/44, para. 76, available at https://documents-dds-ny.un.org/doc/UNDOC/GEN/G16/072/19/PDF/G1607219.pdf?OpenElement

[viii] See e.g. Report of the Working Group on the issue of discrimination against women in law and in practice, Women Deprived of Liberty, U.N. Doc A/HRC/41/33, 15th May 2019, available at: http://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/41/33, paras. 37-38. ESCR Committee, General Comment 22 on the right to sexual and reproductive health, para 30.

[ix] WHO, About social determinants of health, supra note 2.

CSBR at ILGA Asia 2019 + Lesbian Caucus Statement

CSBR-Logo

CSBR was at the ILGA Asia 2019 conference, which took place from 18 – 23 August 2019 in Seoul, South Korea.

On 23 August, we hosted a workshop on “Queer Muslim Movement Building: Our Stories and Narratives“, in collaboration with The Queer Muslims Project, and an audience of about 30 conference participants. The interactive session opened with a short exploration of experiences, needs and questions around queer Muslims movement building in Asia amongst attendees. We then held a short presentation about some of the instagram campaigns run by The Queer Muslims Project as a means to document lived realities and amplify new narratives online, as well as a means to counter homophobia, Islamophobia and hate speech. We also had a short film screening of some of the digital stories on the theme of Faith & Sexuality made with partners in Indonesia. The discussion afterwards touched on questions of solidarity, allies, how to engage the media, how to do outreach, critical approaches to development aid and funding, and the importance of shedding binary and narrow notions of authenticity and Muslim identity.

CSBR members participated in diverse strategizing sessions at the forum, and our Coordinator co-drafted the Lesbian Caucus Statement which documented the issues and demands raised by the participants at the pre-conference on 19 August. Read the statement below, and as a PDF here: LesbianCaucusStatement-23August2019-ILGAAsia.



Lesbian Caucus Statement

On 19 August 2019, ILGA Asia held the first ever lesbian pre-conference at the bi-annual regional conference. It was important to gather as lesbians to create a safer space to address the multiple intersecting human rights challenges we face. Some of the key issues we raised were the following:


How to Reclaim the Family

Family as an institution must have equality, compassion, autonomy and care at its core, and yet in reality we see how traditional families values and patriarchal constructions of the idea of family and gender roles reproduce violence and discrimination against lesbians. These patriarchal values and acts of violence move across private and public spheres, and exacerbate the violence and discrimination that is perpetuated against lesbians in public institutions and society at large. Across our contexts, lesbians are continually at risk of forced marriage, which also leads to economic insecurity, lack of autonomy and social mobility, and being under the control of the family and husband. Lesbians are also targets of so called “corrective rape”, “honor killings”, acid attacks, and other forms of torture intended to dehumanise, by the family, community, and informal courts. We need immediate action to fight against such deeply rooted violence against lesbians.

Many of our strategising includes working towards diverse family structures that reflect our realities. This includes “rainbow families”, with same sex parents, and/or queer and trans children, that exists all across Asia.

Article 16 of the Universal Declaration of Human Rights (UDHR) and Article 23 of the The International Covenant on Civil and Political Rights (ICCPR), to which many Asian states are bound to, mention the right to found a family. However, Asian states fail in their implementation and set limitations and conditions that exclude rainbow families from protection by law and in practice.

Lesbian couples who try to form a family face different ways of direct and indirect discrimination and violation of their right to form a family. Lesbian and single women in Asia cannot access assisted reproductive technology. Even in countries such as Taiwan where marriage equality has been achieved, lesbian couples are still unable to adopt. The rest of Asia has yet to legally recognise lesbian couples. This not only violates the rights of lesbian couples, but it also violates the rights of the children so many of us are already parenting. In addition, the partners of lesbian women with a biological child are not legally recognised as co-parent.

Fundamentalisms and the impact on socio-economic and legal frameworks

There is the interlink between multiple fundamentalisms (religious, economic, nationalist), globalisation, the securitisation and militarisation of states and communities, and patriarchy which together create and reinforce unjust socio-legal systems, through which discriminatory customary laws and practices proliferate with impunity. This impacts on the already limited progressive socio-legal framework (laws, policies and social development programmes) that can be used to protect the lives of lesbians and the LGBTIQ community broadly, including children of LGBTIQ families in many countries in Asia.

For example, we continue to see violence against lesbians, whether cis, trans or intersex, carried out through the informal application of regressive interpretations of religious based laws or ideologies across all major religions in the region (Hindu, Buddhist, Muslim, Christian). We also see an increase in the penalisation of lesbians through the application of the colonial laws criminalising “carnal intercourse against the order of nature” that remain in the formal legal frameworks of many of our countries. Therefore it is impossible to achieve access to justice for lesbians without an integrated and comprehensive understanding of these larger interlinked systems of oppressions. We need to mobilise through multiple avenues, including addressing the root causes of poverty, displacement, migration, and gender based discrimination in order to achieve development justice, human rights for all and a stronger movement towards rights regardless of our sexual orientation, gender identity and expression and sex characteristics.

Education

The lack of comprehensive sexual education at the foundation of school curricula, along with the lack of awareness and access to sexual reproductive health and rights and inclusion of SOGIESC, and stigma on the basis of SOGIESC of young people especially lesbians, lead to a lack of understanding and self-confidence, marginalisation, discrimination, social isolation, school uniform and facility (including bathrooms and changing rooms) policies based solely on legally recognised gender, the normalisation of bullying (including cyber bullying) along with the lack of channels for protection and mechanisms to stop any forms of violence based on SOGIESC, mental health issues, lower academic knowledge and performance, and high levels of drop out amongst lesbian students who cannot identify the school environment as safe spaces. This affects not only students, but also teachers and school professionals. And this leads to increased difficulties in entering the workforce.

Employment

Lesbian women face numerous challenges at many levels in the workplace. And, this is worsened when their sexual orientation and gender identity intersect with other marginalised identities (indigenous women, ethnic minority members, lower caste members, stateless, migrants, living with disabilities, living with HIV, refugees, internally displaced, people using drugs, sex workers, asylum seekers and more).

Firstly, lesbian women are less likely to acquire the necessary academic qualifications and even when this is the case, to be hired after an interview. They have therefore less professional opportunities and progression which in turn leads to poverty, lack of social protection, risk of sexual harassment, lower income, poorer physical, mental and psychological health.

Within companies, lesbians are affected by the gender pay gap: they earn less than men and in some cases earn less than straight women and are often left with hard physical jobs normally performed by men.

Companies are mostly heteronormative environments where lesbian women are disadvantaged and often face discrimination and diverse forms of gender-based violence (including harassment, bullying, mockery, and performance appraisal policies). In many companies there’s a lack of safe spaces, inclusive policies (including access to social welfare and company benefits) and reporting mechanisms. This is compounded by the lack of knowledge and acceptance regarding SOGIESC issues on how to implement policies and codes of conduct, and the absence of SOGIESC awareness which make the working environment particularly hostile for a lot of lesbians in Asia.

Mental Health

Lesbians suffer from social isolation, discrimination, stigmatisation and violence. There is not only external influences but also internal pressures within our own community. We internalise heteronormative frameworks and historical frameworks that discriminate against lesbians. In many contexts, conversion therapy is imposed onto lesbians. The community is also struggling with issues around domestic and intimate partner violence and support for such issues.

This leads to deep physical emotional, psychological and spiritual suffering and mental health problems: distorted self-image, inability to claim body autonomy, emotional anguish, social isolation and depression, worsened by unequal access to health care services and support. The existing system is influenced by historical prejudices, both formal and informal, and impacted by current social and political climates. This prevents lesbians from accessing and owning our own solutions. In order for us to fully live our best lives we need access to mental health services which are catered to our needs for self care and wellbeing as lesbians.

What Do We Want?

As lesbians, we urge the LGBTIQ movement to strengthen support for lesbian led organising across Asia. We simply need more active solidarity across lesbian struggles for rights and justice.


To ILGA Asia, we make the following recommendations for the conference
:

1) Ensure pre-lesbian conference equality and equity in timing and resources allocated

2) Increase representation and visibility of lesbian led organising and initiatives through the content

3) Ensure feminist organisers are present and strengthening this approach to make the conference and movement more intersectional and inclusive

4) Ensure the conference accepts more workshops & sessions led by lesbians, that bring an intersectional lens to our organising issues


To ILGA Asia as a network:

1) Ensure that lesbians are represented equally in the leadership structure, and involved in all levels of decision-making.

2) Ensure any program support intended to address LBQ issues, is led by LBQ people.

To Donors supporting LGBTI and Women’s Rights in Asia:

1) Address the reality that grassroots collectives and organisations often cannot register or access formal funding channels, by providing more direct, flexible and core funding support to lesbian-led organisations at the grassroots and community level

2) Address the reality that lesbians face greater challenges in terms of visible organising across Asia, by creating priority strategies to fund movement building work by and for lesbians

3) Strategically provide funding and capacity-building support to lesbian-led networks, organisations and groups, regionally and nationally across Asia, so that as a movement we can fill the gaps in research, analysis, strategies and programming to support lesbians in Asia.

4) To coordinate joint funding support towards the first ever Asia Lesbian Conference, led by the Asian Lesbian Network that we are bringing together.

*   *   *   *   *   *

Brunei: Halt the Implementation of the Sharia Penal Code

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4 April 2019

Brunei: Halt the Implementation of the Sharia Penal Code

 

The Coalition for Sexual and Bodily Rights in Muslim Societies (CSBR) and civil society members across Muslim societies call on the Sultanate of Brunei to immediately halt the enforcement of the Sharia Penal Code (SPC). We believe that any entry into force of the penal code demonstrates a disturbing disregard of basic civil and political rights of the people of Brunei.

We are deeply concerned that the new SPC includes the death penalty and extends its application to a range of supposed moral offenses, including adultery, consensual sexual relations outside of marriage, consensual same sex relations, and statements critical of the State interpretation of Islam. It also introduces public whipping for those who access abortion, amputation for theft, and criminalizes exposing Muslim children to the beliefs and practices of any religion besides Islam.

We are further appalled that the SPC prescribes stoning as a form of execution, and whipping and amputation as corporal punishments, and claims this moral authority from Islamic sharia law. Stoning is not prescribed in the Qur’an, and there is no consensus on these punishments under Muslim jurisprudence. Muslim countries across the world forbid these forms of torture, ill-treatment, inhuman and degrading punishments as fundamental violations of human dignity.

We reiterate that state-imposed violence cannot ever be condoned, and all such forms of penalisation and criminalisation are in contradiction to the Islamic principles of justice, compassion and equality.

Implementation of the SPC would be to move in direct opposition to the government’s expressed intent to “maintain peace and order and preserve religion, life, family and individuals regardless of gender, nationality, race and faith”. Instead the penalties imposed by the law will encourage violence and discrimination on the basis of gender, sexual orientation and religious affiliation, create a climate of fear, limit civic space in the country, and further sow extremism in the region.

We remind the government of Brunei of its commitments to uphold the right to life, freedom from torture, cruel, inhuman and degrading treatment and punishment, and non-discrimination as enshrined in both the Universal Declaration of Human Rights (UDHR) and the ASEAN Human Rights Declaration (AHRD). The UDHR is also the basis of the UN Convention on the Elimination of All Forms of Discrimination Against women (CEDAW) and the UN Convention on the Rights of the Child (CRC), which Brunei has signed and acceded to. As a State party to these two Conventions, Brunei has the obligation to respect, protect, and fulfill these rights to all its citizens.

We affirm sexual and bodily integrity, freedom of expression and freedom of religion and belief are fundamental rights of all people, regardless of their gender, citizenship, class, age, mental and physical ability, religion, marital status, ethnic identity, sexual orientation, and sex characteristics.

Signed

  1. Coalition for Sexual and Bodily Rights in Muslim Societies (Global)
  2. GAYa NUSANTARA, Indonesia
  3. VISION, Pakistan
  4. Possibility, Bangladesh
  5. Bishkek Feminists Initiatives, Kyrgyzstan
  6. Rumah Pelangi, Indonesia
  7. Khartini Slamah, Transgender Activist, Malaysia
  8. Rafiul Alom Rahman, Queer Activist, India
  9. The Queer Muslim Project, India
  10. Kazakhstan Feminist Initiative “Feminita”, Kazakhstan
  11. Inclusive Bangladesh, Bangladesh
  12. Baidarie, Pakistan
  13. Kyrgyz Indigo, Kyrgyzstan
  14. Secularism is a Women’s Issue
  15. Rainbow Street, Jordan/USA
  16. Andi Suraidah, Women’s Rights Activist, Malaysia
  17. Kaos GL Association, Turkey
  18. Al-Fatah Islamic Transwoman Boarding School, Indonesia
  19. Cairo Foundation for Development and Law, Egypt
  20. Muslims for Progressive Values (Global)
  21. Alliance of Inclusive Muslims (Global)
  22. Justice for Sisters, Malaysia
  23. SEED, Malaysia
  24. Canadian Council of Muslim Women, Canada
  25. Aun Shahid, Advocate, Pakistan
  26. PLUSOS (People Like Us Support Ourselves), Malaysia
  27. The Healing Circle.sg, Singapore
  28. Women Living Under Muslim Laws (Global)
  29. Rhadem Camlian Morados, Queer Muslim Activist, Philippines
  30. MUJER LGBT, Philippines
  31. TEAM Magazine, Philippines
  32. OUTSpoken Philippines
  33. Dr. amina wadud, Visiting Researcher, Starr King School for the Ministry, US
  34. Persatuan Sahabat Wanita Selangor (PSWS), Malaysia
  35. LINC Foundation, Malaysia
  36. Jejaka, Singapore
  37. The Asian Pacific Resource and Research Centre for Women (ARROW)
  38. Cangkang Queer, Indonesia
  39. Penawar Support Group, Singapore
  40. Beyond The Hijab, Singapore
  41. LighT, Tajikistan
  42. Association for Struggle against Sexual Violence, Turkey
  43. Kazakhstani LGBT-media Kok.team
  44. Youth Interfaith Forum on Sexuality (YIFoS Indonesia)
  45. Indonesia Christian Youth
  46. Amir Shaikezhanov, LGBT activist, Kazakhstan
  47. Social Policy, Gender Identity and Sexual Orientation Studies Association, SPoD, Turkey
  48. Young LGBTİ+ Association, Turkey

If you would like to add your voice to the petition, sign on here: http://bit.ly/SIGNON-BruneiHaltSPC

Make Equality A Reality For All Muslim Women

CSBR joined Musawah and 118 women’s rights and human rights organizations and activists from across Muslim societies, to urge leaders of Muslim-majority countries to stand in unity against the persecution of women’s rights defenders. Add your voice today: https://www.equalitynow.org/musawah


 

Musawah-March2019Letter

We write as over 100 women’s rights and human rights organizations and activists from the Muslim world, who are deeply concerned over the crack down on women’s rights activists in some countries. We respectfully request leaders of the Muslim world to raise their voices to support equality for women, to recognize the critical role that women’s rights defenders play in this regard, and to condemn the imprisonment and torture of women human rights defenders.

The repression and persecution of civil society organizations and activists, including a crackdown on their funding, is a worrying trend. In particular, we are concerned about the treatment of Iranian women’s rights activists, including Nasrin Sotoudeh, an internationally renowned lawyer who was reportedly sentenced to 38 years in prison and 148 lashes, and Narges Mohammadi, sentenced to 16 years in prison.

Similarly, we are alarmed by the arbitrary detentions of Saudi women’s rights activists, including Loujain Al-Hathloul, Aziza Al-Yousef, Eman Al-Nafjan, Nouf Abdelaziz, Hatoon Al-Fassi, Samar Badawi, Nassima Al-Sadah,  Amal Al-Harbi, and Shadan Al-Anezi. These activists have been accused of being a threat to national security. In fact, the opposite is true, it is well documented that the level of gender equality in a country correlates with the level of peace and security.

We – activists, scholars, and advocates for justice – need the leaders of Muslim countries to recognize and promote the message of equality that is inherent in Islam and guaranteed in many of our constitutions.  We need political leadership from across the spectrum to make equality a reality for all Muslim women so that we can contribute fully and freely to the development of our societies. A first step is to support women’s rights activists and organizations.

We urge you, as leaders of Muslim countries, to stand in unity against the persecution of women who raise their voices for equality. We urge you to join us in calling for the immediate and unconditional release of the women’s rights activists named above by Iran and Saudi Arabia.

Share the letter in English or Arabic.

Read the full letter with signatures in English or Arabic.

Statement: Feminists for A Binding Treaty on Transnational Corporations

CSBR joins over 230 feminist organizations and networks in calling for a binding treaty on transnational corporations. See the statement below. Sign onto the statement here: http://bit.ly/F4BTStatement


 

Feminist4BindingTreaty

We the undersigned feminists, women’s rights groups and civil society allies from all over the world call on governments to support the legally-binding instrument on transnational corporations and human rights. The negotiations at the United Nations is the very chance for Member States to demonstrate political will to put economic justice, environmental justice, gender justice and accountability to people above corporate interests.

The time is now for UN Member States to finally fulfill their obligation to respect, promote and protect human rights and the environment, and put an end to corporate impunity.

The scale and impact of corporate operations across the world is causing great harm to millions of people and the environment: from land-grabbing and displacements to the contamination of water and soil, to the loss of lives of women human rights defenders protecting their fundamental human rights, livelihoods, freedoms and territories. Thousands of trade and investment agreements safeguard corporate interests, without any respect for the free, prior and informed consent, consultation of affected communities, nor any corresponding regulatory framework to protect human rights and the environment from corporate abuse.

We, women, girls and people of all gender, age, racial and ethnic identities experience rights violations, violence and discrimination by corporations. Patriarchy, racism and capitalism work together in oppressing women, particularly in the Global South and in marginalised communities:

● We produce most of the food in the world and yet are the most likely to suffer from extreme level of poverty, hunger, malnutrition, loss of land, water and livelihoods.

● We are employed in the most precarious working environments with least labour protection (e.g. informal sector & rural women workers), earn the lowest wages and shoulder the vast majority of the world’s unpaid care work.

● We experience massive violations of labour rights, attacks to our right to organise and freedom of association, and sexualised violence at work.

● We are most affected by land-grabbing, community displacements and massive extraction of natural resources, yet denied of access to land and excluded from decision-making, compensation and access to justice.

● We bear the brunt of militarised corporate activities, which enable multiple cases of rape by public and private security forces and attacks against women human rights defenders.

● We are most affected by all forms of tax injustice and the privatization of public services, often driven by trade and investment agreements and austerity policies imposed by international financial institutions.

● We are most significantly affected by climate change and extreme weather events fuelled by the fossil fuel industries and Global North countries. Women are more likely to be killed during disasters and face an increased risk of gender-based and sexual violence during disasters.

● We face threats, criminalisation, repressions, gender-based and sexual violence and even killings because of our work to resist corporate abuses in defense of human rights, fundamental freedoms and accountable democracy.

We recognize that the current global economic system is built to prioritise profit over people’s lives and the environment. Transnational corporations in particular, are able to escape accountability because of legal loopholes that enable impunity at multiple levels, undermining democracy and the rule of law. The unprecedented level of power transnational corporations enjoy through trade and investment agreements’ investor-state dispute settlement (ISDS) clauses are particularly concerning. They grant one-sided power to corporations to nullify national laws and policies if they reduce ‘investors’ expected profits. States’ legitimate regulatory space to establish public social policies, protect human rights and hold corporations accountable is fundamentally undermined by growing corporate power, corporate capture and the power structures that further cements this.

Transnational corporations exploit ideas of feminism and gender equality to improve their image in some countries, while systematically abusing women’s human rights in other parts of the world. We note with significant concern that women’s empowerment, once a radical feminist idea of transforming society, has been manipulated and reduced to individualistic focus on self-esteem, entrepreneurship, and consumerism.

We reject these propaganda of “corporate feminism” and “corporate social responsibility”. An agenda limited to work-life balance, having more women in managerial positions or parental leaves fails to tackle the systemic corporate abuse against women. These neoliberal and corporate versions of feminism fundamentally reinforce the exploitative nature of women’s labour under capitalism, fail to challenge patriarchy and white supremacy, and advance the belief that women’s liberation can be achieved within the existing economic model.

We insist that an instrumental approach to gender equality as a means to achieve economic growth, while ignoring corporate human rights abuses, will only further entrench gender discrimination, poverty, labour exploitation and result in growing inequalities between countries, the rich and the poor and between men and women.

We know that business interests interfere with political decisions. Corporations today hold more economic power than many States. Their political influence and the corporate capture of decision-making threaten women’s human rights and gravely undermine decisions that should be made in the public interest, not for corporate profits.

* * * * *

See the full list of signatories here

Letter to President Essebsi of Tunisia

CSBR joins Tunisian civil society and the Alliance of Inclusive Muslims to endorse this letter to President Essebsi of Tunisia, calling for equal inheritance rights.

 


 

AIM-Logo-Twitter

6 September 2018

 

Your Excellency Mr. Beji Caid Essebsi President of the Republic of Tunisia,

The Alliance of Inclusive Muslims (AIM), and the undersigned organizations and individuals from across Muslim societies, full-heartedly support and praise Tunisia for the report of COLIBE and its recommendations, particularly on equality of inheritance between men and women, that are aligned with gender equality and universal human rights principles.

By doing so you have taken a strong lead in the Muslim world and will encourage Muslims around the world to follow in instituting political and juridical reform, and adopting a form of Islam that more accurately reflects the principles of al ‘adālah (justice) and al maslaḥah (social needs). It is important to protect women from economic disadvantages and empower them to contribute fully in the human, political, social, economic, and cultural development of the society, shoulder to shoulder with men.

We fully understand the challenges that Muslim-majority countries face in implementing democratic reforms, especially in matters pertaining to women in Islam. Reforms will not be effective without public awareness; they must go hand in hand with amplifying counter narratives through education, thereby breaking long-held mindsets promoted by fundamentalist individuals and groups.

We condemn the negative and hateful campaign against the members of COLIBE by those who claim to speak in the name of Islam. Islam, after all, does not promote injustice and discrimination. We affirm that Tunisia does not stand alone; like-minded community and religious leaders, academics and civil societies around the world can formally assist in counter-narrative initiatives. This includes developing fiqh al mu’aṣirah al taqaddumiah (progressive Islamic jurisprudence) and educating the general public and vulnerable groups with an intersectional Islamic understanding of gender equality and universal human rights values.

We applaud the exemplary progressive steps Tunisia has taken and wish for other Muslim-majority countries to quickly follow suit. With these positive developments in Tunisia, we hope your country be granted with consistent political, social, economic stability and prosperity. We would be very pleased to work with Tunisia on strategies to ensure that the recommendations made by COLIBE come to fruition.

Respectfully,

Alliance of Inclusive Muslims


كوالا لامبور10 سبتمبر2018

فخامة الرئيس الباجي قائد السبسي، رئيس الجمهورية التونسية
نكتب إليكم بالنيابة عن منظمة تحالف المسلمين الغير اقصائيين (AIM) ، والأفراد والمنظمات من الموقعين والموقعات من مختلف المجتمعات الإسلامية.

إن الموقعين والموقعات على هذه الرسالة، وبعد دراسة متأنية لتقرير لجنة الحريات الفردية والمساواة وتوصياتها، ولا سيما بشأن المساواة في الميراث بين الرجال والنساء ، يعلنون عن دعمهم وتأييدهم وثنائهم لتونس لإطلاقها قوانين وسياسات تتماشى مع مبادئ المساواة بين الجنسين والمبادئ العالمية لحقوق الإنسان.

إن خطوتكم هذه قدمت مثلاً ونموذجاً رائدا قياديا داخل العالم الإسلامي وسوف تشجع المسلمين والمسلمات في جميع أنحاء العالم على السعي قدماً في ترسيخ القواعد المؤسسية للإصلاح السياسي والقانوني، واعتماد شكل من أشكال الإسلام الذي يعكس بشكل أكثر دقة مباديء العدالة والمصالح المجتمعية المتضمنة في جوهره. إنه من الأهمية بمكان توفير الحماية للمرأة من التمييز الاقتصادي وتَمكينهن، كي يساهمن بشكل كامل في التنمية البشرية، والسياسية، والاجتماعية، والإقتصادية والثقافية للمجتمع، جنباً إلى جنب مع الرجال.

وبَوصفنا منظمة إسلامية عالمية شاملة ، فإننا نفهم تماماً التحديات التي تواجهها البلدان ذات الأغلبية المسلمة في تنفيذ الإصلاحات الديمقراطية ، لا سيما في الأمور المتعلقة بالمرأة في الإسلام. وندرك أيضاً ان هذه الإصلاحات لن تكون فعالة بدون نشر وعي عام، يسير جنبا إلى جنب مع نشر رؤى وتفسيرات تنويرية من خلال التعليم ، وبالتالي كسر العقليات التي تروج لها منذ فترة طويلة الجماعات الأصولية المتطرفة.

نحن ندين بقوة الحملة السلبية وخطاب الكراهية الموجة ضد عضوات و أعضاء لجنة الحريات الفردية والمساواة من قبل من يدَّعون التَحُدث بإسم الإسلام. لاسيما وأن الإسلام لا يروج للظلم والتمييز. ونود هنا أن نؤكد أن دولة تونس لاتقف وحدها؛ إذ يمكن لمن يشاركونها موقفها من المجتمع المحلي والأكاديميين والمجتمعات المدنية والقادة الدينيين في جميع أنحاء العالم أن يساعدوا بشكل رسمي في تقديم الدعم بمبادرات رسمية للرؤى والتفسيرات التنويرية الإصلاحية؛ وهذا يشمل تطوير الفقه الإسلامي التقدمي وتثقيف الجمهور والجماعات المهمشة مع فهم إسلامي متقاطع للمساواة بين الجنسين والقيم العالمية لحقوق الإنسان.

إننا وإذ نُحيي الخطوات التقدمية النموذجية التي اتخذتها تونس، نأمل أن تحذو الدول الأخرى ذات الأغلبية المسلمة حذوها سريعاً. ومع هذه التطورات الإيجابية في تونس ، نرجو ان تحظى دولتكم بالرفاهية والإستقرار السياسي والإجتماعي والإقتصادي المتواصل. وسنكون سعداء للغاية بالعمل مع تونس على وضع استراتيجيات كي تٌؤتي التوصيات التي قدمتها لجنة الحريات الفردية والمساواة ثمارها.

تفضلوا سيادتكم بقبول وافر الإحترام

عزت شمس الدين
رئيس التحالف

CSBR Statement – International Coalition of Rights Groups across Muslim societies condemns whipping of two women in Malaysia

For immediate release:cropped-Screen-Shot-2017-01-24-at-5.49.27-PM.png

International coalition of civil society groups across Muslim societies–from Algeria, Indonesia, Kazakhstan, Kyrgyzstan, Malaysia, Mali, Pakistan, Palestine, Turkey and beyond–condemn the whipping of two women for “attempted sexual relations” which was carried out on 3rd September 2018 by the Sharia High Court in Terengganu, Malaysia.


HOW YOU CAN HELP:

● Share this statement on social media and with family, friends, colleagues & media contacts to create awareness about this issue: http://www.csbronline.org/?p=2224

● Contact Malaysian government representatives or embassies to protest against the public caning of the two women in Terengganu and the on-going discrimination and violence against Malaysia’s LGBT community.

● For more information and media inquiries, get in touch with Malaysian group Justice for Sisters, at: justiceforsisters@gmail.com



International Coalition of Rights Groups across Muslim societies

condemns whipping of two women in Malaysia

4 September 2018

The Coalition for Sexual and Bodily Rights in Muslim Societies (CSBR), and the undersigned organizations and individuals from across Muslim societies, condemn in no uncertain terms the public whipping of two women for “attempted sexual relations”, which was carried out on 3 September 2018 by the Terengganu Shariah High Court in Malaysia.

The two women, aged 22 and 32, pleaded guilty on 12 August 2018 to attempted “musahaqah” (sexual relations between women) under Section 30 of the Shariah Criminal Offences (Takzir) (Terengganu) Enactment 2001. They were sentenced to RM3,300 in fines and given the maximum sentence of six strokes of caning.

By taking no action to condemn this violence or prevent the whipping, the Malaysian Federal government is complicit in the violation of its citizens rights as guaranteed under its own Federal Constitution, national laws, as well as its obligations under international human rights law.

From the beginning, the women were denied a fair trial, as they had no representation at the time of their sentencing. It is abhorrent that the whipping was carried out at all, and that it was done in direct violation of Section 289 of the Criminal Procedures Code that prohibits corporal punishment for female prisoners of any age.[1] Further, the women were subject to this humiliating and degrading punishment in public, in front of a crowd of approximately 100 witnesses.[2] These violations of dignity threaten the constitutional rights and human rights of all Malaysians. The public whipping is a clear tactic by the court adding fuel to the escalating intimidation, harassment and violence against LGBT people in Malaysia over the last month.[3] If state shariah courts are permitted to target one community in this way, then other individuals and groups in Malaysia are also at risk of the same kind of inhuman treatment.

We believe that state-imposed violence against women cannot ever be condoned, and that there can never be any justification for such inhuman and degrading punishments. Whipping is a clear form of cruel, inhuman and degrading treatment or punishment, which is prohibited under international law in Article 7 of the ICCPR. Accordingly, “It is the duty of the State Party to afford everyone protection through legislative and other measures as may be necessary against the acts prohibited by Article 7, whether inflicted by people acting in their official capacity, outside their official capacity or in a private capacity”.[4] Allowing the discriminatory treatment and punishment of these women by a sharia court is also a violation of Malaysia’s obligations under CEDAW.

Further, there is no consensus at all on the punishment of whipping under Muslim jurisprudence, and many Muslim countries across the world forbid whipping as a fundamental violation of human dignity. We believe that all forms of penalisation and criminalisation of consensual same-sex relationships are in contradiction to Islamic principles of justice and equality.

We amplify the call made by the Joint Action Group on Gender Equality (JAG) Malaysia that the government “conduct a comprehensive review of the Shariah Criminal Offences laws of this country, with a view to repeal such laws, thus enabling all Malaysians to be governed by a single Penal Code under federal administration”, and that the “Shariah Criminal Offences laws to be repealed on the grounds that they have no basis in Islamic legal theory and practice”.[5]

We amplify the call made by Coalition of Malaysian NGOs in the UPR Process (COMANGO), endorsed by 52 Malaysian NGOs, that the government “eliminate all forms of cruel, inhuman or degrading treatment or punishment in the criminal justice system including the practice of whipping and caning”, and ratify and accede to the UN Convention Against Torture as part of this commitment.[6]

We stand in unequivocal support of LGBT people in Malaysia, and their fundamental rights to live with dignity and free from persecution and violence.

We call on the Prime Minister Mahathir Mohamad and the Pakatan Harapan government to take immediate action to end the escalating persecution of LGBT communities in Malaysia, and to uphold their own manifesto “to make [Malaysia’s] human rights record respected by the world” (Promise 26), as well as the PM’s Independence Day speech that guaranteed “justice for all the people, irrespective of race or religion” and promised “Malaysia will remain strong and progressive whatever the differences, contradictions and suspicions that may arise.” [7]

SIGNED

1. Coalition for Sexual and Bodily Rights in Muslim Societies (International)
2. Antalya Women’s Counselling and Solidarity Association (Turkey)
3. Adana Women’s Solidarity Center and Shelter Foundation-AKDAM (Turkey)
4. Association Femmes Leadership et Développement Durable-AFELDD (Mali)
5. Association of Women Lawyers (Malaysia)
6. Association of Women for Action and Research (Singapore)
7. Bebaak Collective (India)
8. Beyond the Hijab (Singapore)
9. Bishkek Feminist Initiative (Kyrgyzstan)
10. Canadian Council of Muslim Women (Canada)
11. Cinsel Şiddetle Mücadele Dernegi-Association for Struggle against Sexual Violence (Turkey)
12. ESITIZ-Equality Watch Women’s Group (Turkey)
13. Erzincan Katre Women’s Initiative (Turkey)
14. Fethiye Women’s Solidarity Association (Turkey)
15. Flying Broom Foundation (Turkey)
16. Forum for Dignity Initiatives-FDI (Pakistan)
17. GAYa Nusantara Foundation (Indonesia)
18. Günebakan Women’s Association (Turkey)
19. Indian Muslims for Secular Democracy (India)
20. Indonesian Women′s Association for Justice-APIK (Indonesia)
21. International Women’s Rights Action Watch-Asia Pacific (International)
22. Istanbul LGBTI Solidarity Association (Turkey)
23. KADAV-Women’s Soldarity Foundation (Turkey)
24. KAOS-GL (Turkey)
25. Kazakhstan Feminist Initiative-’Feminita’ (Kazakhstan)
26. Kelab Warisan Wibawa-Wibawa Women (Malaysia)
27. Kirmizi Biber Association (Turkey)
28. Malaysian Atheists and Secular Humanists (Malaysia)
29. Maruf Foundation (Netherlands)
30. Mawjoudin – We exist (Tunisia)
31. Muntada—The Arab forum on Sexuality, Health and Education (Palestine)
32. Muslims for Progressive Values (International)
33. Oboyob (Bangladesh)
34. PELANGI Campaign (Malaysia)
35. Penawar Support Group (Singapore)
36. Persatuan Kesedaran Komuniti Selangor-EMPOWER (Malaysia)
37. Projek Dialog (Malaysia)
38. Rural Women’s Association-Alga (Kyrgyzstan)
39. Sayoni (Singapore)
40. Shirkat Gah Women’s Resource Center (Pakistan)
41. The Healing Circle SG (Singapore)
42. Transmen of Malaysia (Malaysia)
43. VISION (Pakistan)
44. Women Against Violence (Palestine)
45. Women for Women’s Human Rights-New Ways (Turkey)
46. Women Living Under Muslim Laws (International)
47. Women’s Aid Organisation (Malaysia)
48. Women’s Initiative for Citizenship and Universal Rights (Algeria/France)
49. Women’s Party (Turkey)
50. Anissa Helie, Professor (Algeria/US)
51. Cynthia El Khoury, independent feminist (Lebanon)
52. Donna Swita, Solidaritas Perempuan (Indonesia)
53. Evelyne Accad, Professeur Emerite (Lebanon/US)
54. Hameeda Hossain, Human Rights activist (Bangladesh)
55. Hina Noureen, President-Baidarie (Pakistan)
56. Khawar Mumtaz, Women’s Rights Advocate (Pakistan)
57. Khushi Kabir, Coordinator-Nijera Kori (Bangladesh)
58. Marieme Helie Lucas, Secularism Is A Women’s Issue (Algeria/France)
59. Meerim Ilyas, Urgent Action Fund for Women’s Human Rights (Kyrgyzstan/US)
60. Pragna Patel, Director-Southall Black Sisters (India/UK)
61. Qutub Jahan, United Religions Initiative (India/US)
62. Sabina Faiz Rashid, Dean-BRAC University School of Public Health (Bangladesh)
63. Sabra Zahid, Attorney at Law (Sri Lanka)
64. Samia Allalou, Mediterranean Women’s Fund (Algeria/France)
65. Sanjeeb Drong, General Secretary-Bangladesh Adivasi Forum (Bangladesh)
66. Sara Hossain, Hon. Executive Director-Bangladesh Legal Aid and Services Trust (Bangladesh)
67. Shaheen Anan, Executive Director-Manusher Jonno Foundation (Bangladesh)
68. Shamsul Huda, Executive Director-Association for Land Reform and Development (Bangladesh)
69. Sheena Baharuddin, Performance Artist (Malaysia)
70. Sheepa Hafiza, Executive Director-Ain o Salish Kendra (Bangladesh)
71. Suhraiya Jivraj, Senior Lecturer in Law-University of Kent (UK)
72. Sultana Kamal, Founding President-Manobadhikar Sanskrity Foundation (Bangladesh)
73. Yasmin Rehman, Women’s Rights Activist (Pakistan/UK)
74. Zakir Hossain, Chief Executive-Nagorik Uddyog (Bangladesh)


[1]https://www.thestar.com.my/news/nation/2018/09/03/terengganu-syariah-court-acted-against-the-law-caning-can-only-be-carried-out-against-prisoners/

[2]https://www.freemalaysiatoday.com/category/nation/2018/09/03/100-attend-public-caning-of-couple-in-terengganu-lesbian-sex-case/

[3]https://justiceforsisters.wordpress.com/2018/09/02/does-new-malaysia-mean-all-of-us-without-exception/; https://www.theguardian.com/world/2018/aug/22/malaysia-accused-of-state-sponsored-homophobia-after-lgbt-crackdown

[4] HRC, General Comment No. 20, 1992, §2

[5]https://www.malaymail.com/s/1668605/with-lesbians-sentenced-to-whipping-womens-groups-want-shariah-criminal-law#.W4yOIWkDkO8.twitter

[6]https://uprmalaysia.com/wp-content/uploads/2018/07/UPR-STAKEHOLDER-REPORT-ON-MALAYSIA_Final.doc1_.pdf

[7]https://justiceforsisters.wordpress.com/2018/09/02/does-new-malaysia-mean-all-of-us-without-exception/

Affirming UN Agencies Positions on Sex Work

red-umbrella

At the start of CSW 62, CSBR joined over 230 organizations from across the world to call on the UNSG to reaffirm support for UN Agencies’ long-standing position on sex work, which has been developed with the meaningful engagement of sex workers, as well as representatives of women’s rights and human rights organizations.


 

13 March 2018

H.E. Antonio Guterres
Secretary-General of the United Nations

c.c.
H.E. Phumzile Mlambo-Ngcuka
Under-Secretary-General of the United Nations
Executive Director, UN Women

Ana Maria Menéndez
Senior Advisor on Policy

RE: UN Position on Sex Work

Dear Y.E. Guterres,

At the beginning of the 62nd Commission on the Status of Women we are writing to express our concern about discussions within your office to revisit the UN’s and in particular, UN Women’s, position on sex work.

We are individuals and organizations that work to advance the full realization of women’s and girls’ human rights and achieve gender equality across the world. Sex workers’ rights are human rights and all
women and girls, including sex workers, have the right to work under conditions of dignity and safety, without the fear of criminalization or violence.

UN agencies already have a clear position on sex work that has been developed with the meaningful engagement of sex workers, as well as representatives of women’s rights and human rights organizations. This is the case, for instance, for the UN Joint Programme on AIDS guidance on HIV and sex work, and the policy recommendations of the Global Commission on HIV & the Law, managed by UNDP. The results are policies that place the human rights of sex workers at the center, respect the agency and self-determination of all sex workers, recognize that sex workers have the same rights as other workers in relation to rights at work, social protection and social dialogue as outlined in ILO’s Decent Work Agenda, respect the agency and self-determination of all sex workers, and recommend decriminalization of sex work and related acts. It is the position that is supported by the best available evidence about what is effective in empowering sex workers, eliminating discrimination and reducing violence against them.

Given the mandate of the United Nations to promote equality and human rights for all, it is essential that the UN and UN Women continue to take such a rights-affirming approach to sex work. There cannot be a so-called ‘neutral’ position on the human rights of sex workers; that would actually undermine sex workers’ human rights and run counter to the principles of the UN Charter.

We look forward to hearing a clear statement from your office reaffirming support for the UN Agencies’ long-standing position on sex work, and working with you to further advance the human rights of all
people, including sex workers.


See the full list of signatories here: SG Letter on Sex Work

A petition to United Nations Economic and Social Commission for Asia and the Pacific (ESCAP)

CSBR joined ARROW and over 194 organisations to send a petition to the UNESCAP calling on governments to fulfil their committments to the ICPD as key to achiving the SDGs in Asia Pacific.

Text of the petition below, and PDF with full list of signatories here: Fulfilling commitments to ICPD – a key to achieving SGDs in the Asia Pacific

* * * *

January 2018

Fulfilling commitments to ICPD – a key to achieving SGDs in the Asia Pacific

We, the undersigned,[i] strongly feel that the principles and objectives of the ICPD (Cairo International Conference on Population & Development, 1994) and outcomes of sixth Asian and Pacific Population Conference (APPC)[ii] are critical to attaining the Sustainable Development Goals (SDGs) in the Asia-Pacific region. The ICPD reaffirmed the importance of gender equality, equity and empowerment,sexual and reproductive health and reproductive rights as cornerstones to a sustainable development. [iii]

ICPD beyond 2014iv and its assessment in 2017 reiterate the continued need to fulfil the agenda especially in the Asia- Pacific Region where over 132 million women aged 15-49 years in the region still do not have adequate access to modern contraceptive methods [v] and 9.8 million young women have an unmet need for contraception [vi]. Adolescent birth rates continue to be a challenge in Oceania (62%), South Asia Region (46%) and South-East Asia Region (44%). Unsafe abortion continues to be a major factor in maternal deaths in the region; mortality due to unsafe abortion for South East Asia is estimated as 14% of all maternal deaths, and 13% for South Asia. About 2.3 million women
in the region are hospitalised annually for treatment of complications from unsafe abortion. Also, cancers of the sexual and reproductive system are a major threat for women[vii] as prevention, screening, treatment and palliative care are not implemented adequately. The ICPD beyond 2014 [viii] report also highlighted that lack of information concerning sexual and reproductive health and limited access to related services are contributing to unintended pregnancies and unsafe abortions in some parts of the region.

The incidence of child marriage as well as early and forced marriage continues to persist in the region. South Asia has the highest number of child marriages because of countries such as Bangladesh (66%),
India (47%) and Nepal (41%) having high numbers of women between the ages of 20-24 years, who were married before the age of 18 years.ix There is a high out-of- pocket expenditure, unregulated privatisation of health, including unaffordable health insurance resulting in denial of health services specially to the most marginalised groups including women and young people. The region is also known for its inefficient and under-resourced (financial, human and infrastructure) health systems at
national and subnational levels that do not prioritise acceptable, available, accessible and quality SRHR.

These grim realities are a result of the lack of political commitment for gender equality, especially when it comes to women’s and girls’ sexual and reproductive health and rights (SRHR), largely owing to the existing structural barriers including the systemic nature of patriarchy. This has led to legal frameworks in many countries that are limiting and do not ensure SRHR. In many countries plural legal systems also discriminate the access to existing SRHR provisions and further marginalise women and girls. The lack of cohesive policies across national and sub-national levels creates barriers in implementing international and regional commitments.

Women’s human rights in the region is further threatened by the rise of extremists and fundamentalists. This is in addition to already existing religious and cultural practices that are used to perpetuate harmful traditional practices such as child, early and forced marriage and female genital mutilation. Right to health and SRHR policies and interventions continue to have marginalised groups [x] fall through the cracks. Their marginalisation manifests through the lack of participation, decision-making, access to services including information and communication that lead to the denial of rights.

The Call

Recalling the unanimous commitments of the governments in the Asia- Pacific region to the full implementation, backed by adequate budget allocation and programme, of the ICPD PoA and the outcomes of Asian and Pacific Population conference (APPC), Beijing Platform for Action (BPfA) and Sustainable Development Goals,

Realising that the development agenda of SDGs and beyond, of leaving no one behind, remains unfulfilled until the fulfilment of SRHR for all the marginalised groups including women and girls,

Acknowledging the imperativeness of UN General Assembly resolution 65/243 on the follow-up to the International Conference on Population and Development beyond 2014xi, adopted in December 2010 in achieving the Sustainable Development Goals in the region in their entirety,

Recognising the crucial role of United Nations Economic and Social Commission for Asia and the Pacific (ESCAP), as the regional development arm of United Nation for the Asia-Pacific Region, in
reaffirming the commitments of the Asia- Pacific UN members states and decision makers towards the implementation of ICPD PoA,

We call on the United Nations Economic and Social Commission for Asia and the Pacific (ESCAP) to:

  • Lead and facilitate a robust process to create and implement a regional monitoring framework to review progress towards and persisting gaps in the implementation of ICPD beyond 2015 in the
    Asia pacific region. The review should raise issues of human rights including sexual and reproductive health and rights through an in-depth technical analysis in the region and make concrete recommendations to the member states in order to fulfil their obligations to uphold human rights including SRHR of all citizens.
  • UNESCAP Secretariat should facilitate the review process by proposing a timeline for the review process that is practical and enables adequate collection and reporting on data and other relevant information as well as for national consultative
    forums.
  • Facilitate a process to ensure that the members states implement, monitor and report on SRHR holistically within the mechanisms of implementation of the Sustainable Development Goals, which in this region are the Asia-Pacific Forum on Sustainable Development (APFSD) and the Asia-Pacific Population Conferences (APPC)
  • Work with champions, including those from rights-based civil society groups, including community and progressive media organisations that can ensure the advancement of the ICPD
    agenda in a holistic manner.
  • Urge the member states to utilise constitutional and other legislative provisions to provide opportunities for women’s participation on all decision-making structures at all levels to realise and fulfil women’s human rights.
  • Provide technical support to the members states in collaboration with other UN entities such as UNFPA to ensure adequate financial, human and infrastructural resources towards implementing health policies, which ensures highest attainable standard of physical and mental health for all
    including their SRHR.
  • In order to achieve the above, regulation of the private health sector to provide acceptable, affordable, accessible, quality health services and ensure dignity and respect, privacy and
    confidentiality.
  • Ensure that marginalised groups and their access to health, including sexual and reproductive health and rights is at the centre of UNESCAP facilitated dialogues ad processes so that No One
    is Left Behind.

 


________

[i] Civil Society Organisations, thought leaders and human rights defenders and activists from the Asia and the Pacific and Globally

[ii] http://www.unfpa.org/events/sixth-asian-and-pacific-population-conference

[iii] Principles 1, 4 and 8 within the Programme of Action of the ICPD

[iv] Resolution 65/243 adopted by the General Assembly in December 2010

[v] Facts and trends in sexual and reproductive health in Asia and the Pacific, UNESCAP, November 2013. http://www.unescapsdd.org/files/documents/SPPS-Factsheet-SRH-v2.pdf

[vi] Darroch JE et al., Adding it Up: Costs and Benefits of Meeting the Contraceptive Needs of Adolescents, New York: Guttmacher Institute, 2016.

[vii] http://arrow.org.my/wp-content/uploads/2015/04/ICPD-20-Asia-Pacific_Monitoring-Report_2013.pdf

[viii] http://www.unescap.org/sites/default/files/SDD_PUB_ICPD-report-e_0.pdf

[ix] Laoiza, Edilberto, and Sylvia Wong. Marrying too Young: End Child Marriage. New York: United Nations Population Fund, 2012. Accessed September 13, 2016. https://www.unfpa.org/sites/default/files/pub-pdf/MarryingTooYoung.pdf.

[x] Including young people, poor and rural women, female migrants, refugees and internally displaced, LGBTIQ, women with disabilities, indigenous women, religious and ethnic minorities and elderly women

[xi] http://www.unfpa.org/publications/international-conference-population-and-development-programme-action

LBTQ Caucus Statement – 8 December 2017 – Phnom Penh

CSBR had the pleasure of joining ASEAN SOGIE CAUCUS, Sayoni, UN Women Asia Pacific & Justice for Sisters to organize and facilitate a 2-day forum on lesbian, bisexual and queer women’s issues from 4-5 December 2017, ahead of the ILGA-Asia 2017 conference in Phnom Penh, Cambodia.

2017-1210-PhnomPenh

Over the two days, 40 or so participants joined in the discussions, personal story sharing, queer movement history mappings, and the distillation of key issues and concerns for lesbian, bisexual, trans women, trans men and queer (LBTQ) persons. A diverse group of LBTQ rights activists were represented from across Asia, including from Bangladesh, Cambodia, China, Hong Kong, India, Indonesia, Iran, Japan, Lebanon, Nepal, Malaysia, Pakistan, Philippines, Singapore, South Korea, Taiwan, Thailand and Vietnam.

The LBTQ Caucus was a first of its kind at the ILGA Asia conference, and took place due to the demands of LBQ activists to address the consistent marginalization of LBQ women’s visibility and leadership within the wider movements for LGBTIQ+ human rights.

The caucus resulted in a collaborative statement which highlights core concerns that emerged and eleven recommendations moving forward towards strengthening movements for LBTQ rights across the region.

CSBR_041217

Read the statement below and download the PDF here: LBTQ Caucus Statement 2017-Phnom Penh

__________________________________________________________________

Statement of the LBTQ CAUCUS*

8 December 2017 | Phnom Penh, Cambodia

Lesbian, bisexual, trans women, trans men, and queer persons (LBTQ) exist in all of human diversity. Our issues and concerns cut across diverse groups and communities, including other marginalized groups such as people with disabilities, refugees, migrant workers, and indigenous peoples.

LBTQ persons experience multiple and intersecting forms of discrimination and violence in multiple spaces based on our assigned, actual, or perceived sexual orientation, gender identity, gender expression, and sex characteristics (SOGIESC). We face arbitrary persecution, socio-economic marginalization, and violation of our self-determination, sexual autonomy, and bodily integrity because of our SOGIESC. Our experiences are often invisible, silenced, and unaddressed.

Gender based violence

The multiple and intersecting layers of discrimination and violence that LBTQ persons experience are underpinned and informed by patriarchal socio-cultural, religious and familial values and structures that expect or impose heteronormative,[1] cisnormative,[2] and socially prescribed behaviors and relationships. Failure to adhere to these norms results in stigma, social exclusion, and increased vulnerability to discrimination, violence, and other forms of punishment.

Families are often sites of violence and discrimination against LBTQ persons.[3] Families can act as powerful enforcers of deeply held patriarchal values that demand of women and persons assigned female at birth to accept a subordinate place in social and familial hierarchies, and to uphold family and community interests. This becomes an integral part of the continuum of violence and discrimination that is perpetuated against LBTQ persons in public institutions and society at large.

Domestic violence and intimate partner violence within LBTQ communities remain unaddressed, due in part to a lack of data, tools, and understanding of how to respond to these forms of violence. While some community support mechanisms exist, their scale and reach remain limited. Moreover, people who experience domestic and intimate partner violence often face isolation, and are pressured to keep silent on these issues by the society at large as well as their own communities.

Criminalization

States institutionalize discrimination and violence against LBTQ persons through laws, policies, and practices, arbitrarily marking us as criminals or deviants. Across national contexts, our consensual sexual relations are criminalized, with several countries even imposing the death penalty. Increasingly, laws are also being used to criminalize and restrict our freedom of assembly, association, and expression.

Even when LBTQ persons are not criminalized, we are at heightened risk of harassment, intimidation, arbitrary arrest, or trumped-up charges by state actors with impunity. In plural legal systems, the multiple layers of anti-LBTQ norms and regulations from quasi-state and non-state legal institutions and actors add to the oppression that LBTQ persons experience and create complications in our efforts to access justice. Advocacy often focuses on how discriminatory laws and policies target gay men, which speaks of the need to expand recognition and understanding of the cascading effects of criminalization on lesbians, bisexuals, and transgender persons.

Physical, sexual, and mental health

The discrimination and violence that LBTQ persons experience impacts adversely on our physical, sexual, and mental health. Depression, substance abuse, and self-harming behaviors, even suicide, are common among LBTQ people. The lack of family and social support, and the lack of accessible health services, aggravate the effects of these problems. Medical health professionals generally lack consciousness about the health issues of LBTQ persons or are not trained to deal with us. In general, society and even LGBTIQ+ movements have failed to acknowledge the serious health dimensions of the discrimination and violence that LBTQ people experience. This includes the physical and psychological harms caused by medically unnecessary and invasive surgery on intersex people. Sexual and reproductive health rights of LBTQ peoples are still not seen as a priority concern within existing SOGIESC advocacy.

Feminist organizing and movement building

LBTQ persons continue to mobilize resistance to the discrimination and violence we face, and to protect and promote our rights across Asia. The movement for LBTQ rights is growing, and it also faces many challenges. Externally, our organizing is taking place amidst rising political authoritarianism and religious fundamentalisms, the expansion of neoliberal trade policies that increase disparities in social welfare and the feminization of poverty, as well as forced migration and displacement due to conflicts and climate change. Feminist movement building is all the more urgent in this context.

Within the broader movement for the recognition, protection, and promotion of the rights of all persons of diverse SOGIESC, the dominance of cisgender gay male leadership, discourse, and practices shapes the movement’s international and national advocacy priorities, and poses a challenge to the struggle of LBTQ persons to be visible, recognized, and respected. The use of English as a medium in practically all areas of regional and international advocacy, including communication materials, has further marginalized LBTQ people who do not speak the language.

Movement building has also been affected by funding models, results-oriented criteria, and frameworks of donor organizations that do not reflect the lived realities of LBTQ women, thereby reinforcing our marginalization. The added layer of global north organizations and networks acting as intermediaries and directing regional priorities and the flow of financial resources limits the genuine growth of grassroots and global south led initiatives, and maintains existing disparities. Global resource reviews from 2013-2015 showed that funding for lesbians makes up 3-5% and for bisexuals less than 1% of the total funding for LGBTIQ+ organizations outside the United States.[4] There is a critical need to review existing donor frameworks and to address the significant funding gap for global south LBTQ organizing.

LBTQ persons continue to experience resistance to integrating our concerns within other movements. Our concerns are still perceived as “too political” or “too controversial”, potentially jeopardizing the progress of the feminist, development and human rights agenda.

LBTQ human rights defenders

Presently LBTQ human rights defenders face increased threats, intimidation, censorship and persecution within a context of rising state crackdowns on human rights organizing across the region. In some contexts, there is no protection at all for human rights defenders. This has created fertile ground for collusion between state and non-state actors to proceed with impunity in targeting LGBTIQ+ people and communities. While some data exists,[5] there remains a clear gap in our understandings of the nature and expanse of threats specifically against LBTQ human rights defenders.

RECOMMENDATIONS

  1. Guiding Principles. In the adoption of measures and interventions to eliminate discrimination and violence against LBTQ and to address our needs and concerns, state and non-state actors should uphold the right to self-determination, autonomy and bodily integrity of LBTQ persons. Participation of LBTQ persons and communities in the revision or creation of legislation and programs must be a priority. Our human rights must be respected, protected, and promoted at all times.
  2. Decriminalization. States should work toward repealing all laws criminalizing LBTQ persons based on assigned, actual or perceived sexual orientation, gender identity, gender expression, or consensual sexual acts. This includes all laws criminalizing and restricting freedom of assembly, association, and expression of LGBT groups and the work of human rights defenders.
  3. Legal protection from gender-based violence, discrimination and mechanisms for redress. States should pass comprehensive anti-discrimination and other appropriate laws that explicitly include protections for all forms of discrimination and violence on the basis of SOGIESC. Domestic violence laws should cover diverse forms of families, relationships, and violence. Governments should also explore alternative redress and support mechanisms beyond criminalization, particularly at the municipal levels. Community-driven prevention and support mechanisms, including targeted social services for LBTQ people, should be budgeted for, established and made accessible.
  4. Legal gender recognition. Governments and communities should work toward the legal recognition and affirmation of trans people’s gender identity, based on self-determination and bodily autonomy, without mandating medical interventions.
  5. Review international human rights norms and standards. The sex and gender binary of male and female and the heteronormative framework of many international human rights standards need to be reviewed, including in CEDAW documents.
  6. Documentation and research. Documentation and research on varied forms of discrimination, lived experiences and needs of LBTQ persons and human rights defenders is imperative, using feminist and participatory framework and methodology. Research should be action-oriented, and produce disaggregated data based on gender identity and intersecting groupings.
  7. Addressing physical, sexual, and mental health issues. LBTQ people’s experiences of physical, sexual, and mental health issues must be heard and define any interventions to be made. Health care and support service professionals need to be provided appropriate training in order to enact sensitive and gender-responsive approaches to LBTQ persons’ health needs, without necessarily medicalizing or pathologizing our concerns. Comprehensive and accessible healthcare information and services for LBTQ people, including friendly and affirming sexual reproductive health services and counseling, must be established and integrated in national healthcare systems.
  8. Education. Gender, SOGIESC, and comprehensive sexual health and rights education should be introduced and integrated in school curricula.
  9. Political participation. Affirmative measures designed to increase the political participation of LBTQ persons in community, government and international processes and institutions, including measures designed to ensure that the LBTQ people are represented in elective positions, must be adopted.
  10. Movement building.  Movement building is critical in empowering LBTQ people and enhancing our capacity to take action to address the discrimination and violence we experience and to transform social attitudes towards us. Grassroots LBTQ community-led initiatives must be supported as the foundation of building effective and sustainable movements for the protection and promotion of our human rights. Responsive budgeting and financial commitments should be made to ensure meaningful participation and language justice for diverse LBTQ persons, including on the basis of disability and language accessibility.
  11. Funding, Donor and Program priorities. Consistent with the principles of participation and self-determination, donors, women’s rights, human rights, development, and LGBTIQ+ organizations must ensure that decisions on funding LBTQ groups and projects targeting LBTQ issues are made after consultations with the affected LBTQ groups or communities. Projects must be implemented in partnership with us, with a practical and applied commitment to accountability, transparency, and LBTQ led organizing.

 

 

* This statement emerged from a 2-day forum focusing on lesbian, bisexual and queer women’s needs, organized by ASEAN SOGIE Caucus (ASC), Sayoni, UN Women Asia Pacific, Justice for Sisters & the Coalition for Sexual and Bodily Rights in Muslim Societies (CSBR) and supported by OutRight Action International and ILGA Asia.  For the caucus, women is based on self-determination, and includes intersex, transgender, cisgender and all who identify as women. The LBTQ Caucus was held from 4-5 December 2017, in advance of the ILGA-Asia regional conference which ran from 6-8 December 2017 in Phnom Penh, Cambodia.

 

Notes

[1] Heteronormativity refers to the assumption that all persons are heterosexual; practices and norms of heterosexual persons form the dominant narrative.

[2] Cisnormativity refers to the assumption that all persons are cisgender and norms of cisgender persons apply. Cisgender persons refer to persons whose sex and gender ‘match’ or persons whose lived experiences match the assigned identities at birth.

[3] Violence: Through the Lens of Lesbians, Bisexual Women and Trans People in Asia (2014); Negative Family Treatment of Sexual Minority Women and Transmen in Vietnam: Latent Classes and Their Predictors (2015); Research Report on Opinions, Attitudes and Behavior toward the LGBT Population in Cambodia (2015); Cambodians’ Attitudes Toward LGBT Surveyed (2015); Hitting Close to Home: Homophobia and Transphobia In Asia = Family Violence (2016).

[4] Global Resource Report: Government and Philanthropic Support for Lesbian, Gay, Bisexual, Transgender and Intersex Communities (2014) ; LGBT Grantmaking by US Foundations (2015)

[5] Violence: Through the Lens of Lesbians, Bisexual Women and Trans People in Asia (2014)

Joint Statement: EU must ensure its humanitarian aid to war victims upholds their right to non-discriminatory medical care in line with IHL

CSBR joined over 90 international NGOs to call for the provision of non-discriminatory medical and sexual & reproductive health services in conflict settings under international humanitarian law (IHL), including access to safe abortion. Read the letter below, and download the PDF here: via Global Justice Center.
————————–
H.E. Federica Mogherini
High Representative of the Union for Foreign Affairs and Security Policy and Vice President of the Commission
H.E. Christos Stylianides
Commissioner for Humanitarian Aid and Crisis Management European Commission
1049 Brussels, Belgium
23 November, 2017
Re: The EU must ensure its humanitarian aid to war victims upholds their right to non-discriminatory medical care in line with IHL
Dear Vice-President Mogherini and Commissioner Stylianides,

In September 2015, the European Commission laudably took a historic step in making clear that women and girls raped in armed conflict deserve equal medical protection under international humanitarian law (IHL). In response to Members of the European Parliament, you stated:

“In cases where the pregnancy threatens a woman’s or a girl’s life or causes unbearable suffering, international humanitarian law and/or international human rights law may justify offering a safe abortion rather than perpetuating what amounts to inhumane treatment. Women and girls who are pregnant as a result of rape should first receive appropriate and comprehensive information and be provided access to the full range of sexual and reproductive health services.”[1]
Previously, the European Union’s position was that national abortion laws in conflict countries–not IHL–govern the scope of available care for women and girls in conflict settings. In 2015, the EU joined a growing chorus of human rights advocates, legal experts, United Nations bodies and national governments to acknowledge the primacy of IHL in conflict, including when it comes to safe abortion. [2] The European Commission’s latest position also received wide cross-party support in a number of parliamentary resolutions and several Member States have voiced their support for this policy for its compliance with IHL. Unfortunately, since 2015, no steps have been taken to implement this policy.
Women and girls continue to be denied care, including abortions, in humanitarian settings, even where rape is routinely used as a weapon of war. In light of increasing attacks on their right to terminate an unwanted pregnancy, largely driven by a dangerous anti-abortion ideology in the United States, now is a

critical time for the EU to shift its position from paper to practice. Since the EU, a long with its Member

States, is the largest humanitarian aid donor in the world, it holds a unique responsibility to ensure international medical protocol follows the principle of non-discrimination enshrined in IHL.
We therefore request that the European Commission make clear that international law–not politics–determines the right to medical care of women and girls affected by armed conflict, and take the following steps:
• Issue a memorandum to your humanitarian partners and grantees to inform them of your updated policy concerning safe abortions for war rape victims, IHL’s protections for medical personnel, and the primacy of IHL in armed conflict settings.
• Develop a monitoring framework together with your humanitarian partners and grantees to ensure IHL obligations are met, and specifically that women and girls receive appropriate care, including the provision of safe abortion under the conditions set out in your policy.
• Ensure EU funds are kept separate from US humanitarian funds in all accounts, and as separate from any other donor funds that may prevent EU aid from being administered in full compliance with IHL.
We urge you to take decisive action and thank you for your attention to this important matter.
1. Action Aid
2. Actions des Femmes pour les Droits et le Développement (DRC)
3. AdvocAid (Sierra Leone)
4. AFFORD (United Kingdom)
5. Afghan Women Skills Development Center (Afghanistan)
6. Africa Development Interchange Network (Cameroon)
7. Alliance for Choice Northern Ireland (United Kingdom)
8. Arab Women’s Solidarity Association (Belgium)
9. Association des Femmes Juristes de Centrafrique (CAR)
10. Association Française des Femmes Médecins (France)
11. Association of War Affected Women (Sri Lanka)
12. Awaj Foundation (Bangladesh)
13. Baghdad Women Association (Iraq)
14. CAFSO-WRAG for Development (Nigeria)
15. Cameroon Youths and Students Forum for Peace (Cameroon)
16. CARE International (Belgium)
17. Catholics for Choice (USA)
18. Center for Health, Human Rights and Development (Uganda)
19. Center for Reproductive Rights (USA)
20. Choice for Youth and Sexuality (The Netherlands)
21. Civil Society Coalition on Migration and Development (Nigeria)
22. Coalition for Sexual and Bodily Rights in Muslim Societies
23. Darfur Bar Association (Sudan)
24. Dutch CEDAW Network (Netherlands)
25. Encadrement des Femmes Indigènes et des Ménanges vulnérables (DRC)
26. European Network of Migrant Women
27. European NGOs for Sexual & Reproductive Health & Rights (Belgium)
28. European Women’s Lobby
29. Eyzidi Documentation Center (Iraq)
30. Face Past for Future Foundation (Uganda)
31. Facilitating Peace (USA)
32. Fédération internationale des ligues des droits de l’homme (FIDH)
33. FemJust (USA)
34. Finnish Refugee Council (Finland)
35. FOKUS-Forum for Women and Development (Norway)
36. Global Justice Center
37. Global Network of Women Peacebuilders
38. Human Rights Watch
39. Humanitarian Assistance for the Women and Children of Afghanistan
40. IMA Research Foundation (Bangladesh)
41. INGWEE (Belgium)
42. International Campaign for Women’s Right to Safe Abortion
43. International Centre for Eritrean Refugees and Asylum Seekers (United Kingdom)
44. International Planned Parenthood Federation (European Network)
45. International Rescue Committee
46. International Youth Alliance for FamilyPlanning
47. Ipas (USA)
48. Iraqi Al-Amal Association (Iraq)
49. Iraqi Women Network (Iraq)
50. Johanniter International Assistance (Germany)
51. Kins of Africa for Development and Reintegration (Nigeria)
52. Kvinnefronten i Norge (Norway)
53. Le Fonds pour les Femmes Congolaises (DRC)
54. Lietuvos etninių grupių moterų verslininkių draugija (Lithuania)
55. Madre (USA)
56. Médecins du Monde (France)
57. Medica Mondiale (Germany)
58. Medical Women’s International Association
59. Melissa Network of Migrant Women (Greece)
60. Migrant Women Association (Malta)
61. Movimiento Amplio de Mujeres de Puerto Rico (USA)
62. Organization of Women’s Freedom in Iraq (Iraq)
63. Pacific Women’s Indigenous Networks (New Zealand)
64. PAIMAN Alumni Trust (Pakistan)
65. Physicians for Human Rights
66. Plan International
67. Povod (Slovenia)
68. Radha Paudel Foundation (Nepal)
69. Riksförbundet För Sexuell Upplysning (Sweden)
70. Rutgers (Netherlands)
71. Socio-Economic Rights and Accountability Project, SERAP (Nigeria)
72. Solidarité Féminine pour la paix et le développement Intégral (DRC)
73. Synergie des femmes pour les victimes de violences sexuelles (DRC)
74. TAPEPUKA (United Kingdom)
75. Tiye International (Netherlands)
76. WO=MEN, Dutch Gender Platform (Netherlands)
77. Women for Afghan Women (USA)
78. Women Now For Development (Syria)
79. Women Peace Network–Arakan (Myanmar)
80. Women’s Global Network for Reproductive Rights (Philippines)
81. Women’s Global Network for Reproductive Rights Africa (Tanzania)
82. Women’s League for International Peace and Freedom (Ghana section)
83. Women’s League of Burma (Myanmar)
84. Women’s Promotion Center (Tanzania)
85. Women’s Rights Centre (Armenia)
86. World Organisation Against Torture
87. Yazda (United Kingdom)
88. Yemen Organization For Defending Rights & Democratic Freedoms (Yemen)
89. Yemeni Women Network (Yemen)
90. YouAct (United Kingdom)
91. Y-PEER (Bulgaria)

CC: 
 – Monique Pariat, Director General for Humanitarian Aid and Civil Protection
 – Frans Timmermans, First Vice-President of the European Commission
 – Neven Mimica, European Commissioner for International Cooperation and Development

 

[1] See response by the European Commission (September 11, 2015), available at:

[2] See for example United Nations Global Study on the implementation of UN Security Council Resolution 1325 (October 2015), “Exclusion of one medical service, abortion, from the comprehensive medical care provided to the wounded and sick in armed conflict, where such service is needed by only one gender, is a violation not only of the right to medical care but also of the prohibition on “adverse distinction” found in common Article 3, the Additional Protocols to the Geneva Conventions and customary international law. Importantly, it is also in violation of international human rights law. The Committee on the Elimination of Discrimination against Women (CEDAW Committee) has specified that “it is discriminatory for a State party to refuse to legally provide for the performance of certain reproductive health services for women”. For a compilation of references, including country positions related to protected medical care under IHL, including safe abortion please see:

EIPR demands the immediate release of detainees and warns against violations in detention EIPR calls on the media to halt its hate speech and incitement against LGBTQI individuals

Press ReleaseEIPR

Wednesday, 4 October, 2017
 
The Egyptian Initiative for Personal Rights (EIPR) condemns the ongoing crackdown targeting LGBTQI individuals, or those perceived to be, that began on September 22 after some audience members at a concert in Cairo raised the rainbow flag, known to symbolize sexual diversity and acceptance of all genders. Since the campaign began at least 57 individuals have been arrested in Cairo and a number of other governorates (the number now stands at 54). Little evidence exists to link the overwhelming majority of those arrested to the incident at the concert let alone the fact that the act itself is not punishable by law. Sexual relations between two consenting same-sex adults should also not be considered a punishable offense.EIPR also condemns the lack of guarantees of due process and fair trial for those arrested, particularly the refusal to allow detainees to contact their families and lawyers and the speedy referral of cases to court without adequate time for the defense to review police reports or investigation records. Detainees have also been subjected to various forms of violations while in detention.

Finally, EIPR condemns the parallel campaign in Egyptian media that employs a discourse of hate and discrimination to incite against a segment of Egyptian citizens based on their sexuality. EIPR calls on the media to demonstrate a minimum degree of professionalism and moral responsibility.

 

Unprecedented crackdown and massive violations

The crackdown started when a small number of people waved the rainbow flag, recognized commonly as a symbol of sexual diversity and acceptance of all genders, during a concert by Lebanese band Mashrou’ Leila at one of Cairo’s biggest malls on September 22. After the concert, photos circulated on social networking websites and several media figures, as well as political and religious personalities joined voices against those who were assumed to have waved the flag. In response to this incitement, police forces arrested dozens of individuals — who are either LGBTQI or perceived to be — most of whom have no link to the concert whatsoever, in the most vicious clampdown of its kind in two decades.

EIPR documented at least 57 arrests in Cairo, Giza, Ismailia, South Sinai and Damietta. The majority of those arrested are facing charges of “habitual debauchery,” or “promoting debauchery,” in accordance with articles 9 and 10 of Egypt’s anti-prostitution and debauchery law 10/1961. Others face charges of facilitating debauchery, and two face charges of joining an outlawed group that aims to disrupt the provisions of the Constitution and the law through inciting “deviancy.” Remarkably, a number of these individuals have already been found guilty of charges and 10 defendants in 9 cases have received harsh prison sentences, ranging from one to six years.

Police forces are continuing their campaign to arrest individuals assumed to have been involved in waving the rainbow flag. Starting at 9 pm Monday, up until the writing of this statement, police were still raiding homes.

Security forces arrested both Ahmed Alaa and Ali Farag in Damietta, and transferred them to the Damietta police precinct, from where Farag was later released. Before his release, Farag was questioned by a National Security Agency officer about his involvement in the flag waving “incident,” and was asked about his knowledge of others who may have been involved. Sarah Hegazy was also arrested in Cairo simultaneously. Hegazy and Alaa were both interrogated on Monday morning at the Supreme State Security Prosecution, and were charged with joining outlawed groups that aim to disrupt the provisions of the Constitution and the law, as mentioned above. The police also raided the homes of a number of other women suspected to have participated in waving the flag, but who escaped arrest as they weren’t home at the time.

“We are sure that the scale of the crackdown is much larger than we know. Every single time lawyers have been to the prosecution, or to court, they have discovered more arrests than they expected. They also noticed that all of those arrested, either through online entrapment, or from LGBTQI friendly spaces, were being interrogated in separate cases,” says EIPR executive director Gasser Abdel-Razek.

The arrests, interrogations and indictments are all replete with blatant violations of the right to a fair trial and its guarantees, as stipulated by the Constitution and international conventions that have been ratified by successive Egyptian governments. In particular, EIPR expresses its deep concern at the rapid referral of these cases to court, without enabling defendants to exercise their constitutional rights to contact their families and choose their lawyers.

“They wanted to refer the arrested to court so quickly, that the prosecution referred some cases to divisions that have no competent jurisdiction, which they pointed out,” explains Alaa Farouk EIPR’s lawyer.

In at least one case, the public prosecutor’s office referred a minor to the Misdemeanor court. Ahmed Hossam, the human rights lawyer who attended the inquiry recounts: “The prosecution had a health inspector present a certificate stating that the age of the arrested is 19. We had to present a birth certificate to the court to prove that he is 17. In the second session, the court decided not to try him as an adult and referred him to juvenile court.”

Testimonies from lawyers, as well as similar experiences over the past few years, suggest the strong possibility that the detainees are being subjected to degrading and harsh treatment, in addition to forced anal examinations that are often conducted soon after arrest. In 2002, the United Nations Committee against Torture stated that these tests are “a form of cruel, inhumane and degrading treatment that can rise to the level of torture.”

“It has been proven over and over again that forced anal examinations are based on flawed science. Not only are the detainees’ bodies violated without their consent, but they also face violations in the transfer from the police department to the forensic department. They are subjected to insults and defamation on the street by the policemen accompanying them. Moreover, these examinations reflect a prevailing notion among the state that debauchery only afflicts the person being penetrated,” says Dalia Abdel-Hameed, EIPR’s Gender and Women’s Rights Officer.

 

Egyptian media promotes hate speech and is a partner in incitement

 
Since the first day of the security crackdown, Egyptian media has incessantly called on the police and other state institutions to pursue LGBTQI people, or those suspected of being LGBTQI. They have promoted a speech of hate and discrimination against individuals by claiming that the waving of the flag, as well as anyone who is LGBTQI, poses an illusionary threat to the values and morals of Egyptians.

In one newspaper, an article was published titled: “Leila’s audience thanks those waving the gay flag at the concert,” in a thinly-veiled insinuation that all those attending the concert are LGBTQI. Another newspaper reviewed reactions on social networks, including comments by those who welcomed the waving of the flag and those who condemned it. This has contributed to inflaming the general climate and aided in the incitement and mobilization against LGBTQI people.

Other media outlets hosted or held calls with guests that included religious figures and public personalities, such as the head of the Musicians Syndicate, who all joined the chorus of incitement, calling on security services to act. One caller demanded “Islamic retribution” against those who waved the flag, as well as the organizers of the concert. This is in addition to the leveling of insults against anyone who participated in the concert, and claims of “sexual deviancy.”

The campaign widened in the days following the concert, and included members of the National Council for Human Rights and members of parliament, some of whom filed requests for investigations. A member of the Legislative and Constitutional Affairs committee in Parliament announced that the committee would look into strengthening the penalty for homosexuality, despite this not constituting a crime in Egypt.

Some media outlets went as far as publishing news about the expulsion of a Helwan University student by the university council, after they allegedly established he was at the concert waving the flag. The paper failed to conduct any fact checking and did not comment on the standards by which such decisions should be undertaken, including proper investigations, etc.

Media outlets continue to publish news in a manner that encourages the pursuit of LGBTQI individuals, mostly through entrapment online, without considering the illegality of their actions. This is in addition to the slander of those arrested by publishing their personal details in the news before interrogations are concluded or formal charges are made.

The Supreme Council for Media also issued a statement which read: “Homosexuals should not appear in visual, broadcast media or the Press,” and considered homosexuality to be “a disease and a shame that is best kept hidden, not promoted,” in flagrant violation of the most basic rules of the profession, and in clear contradiction of modern medicine and the knowledge provided by the World Health Organization on homosexuality.
 

Not an isolated incident

 
The current crackdown on LGBTQI individuals shouldn’t be seen in isolation from the organized campaign that has been waged by the “morality police” against LGBTQI individuals for over four years. EIPR has recorded the arrest of 232 people, who are either LGBTQI, or are perceived to be, between the last quarter of 2013 and March of 2017. The overwhelming majority of those arrested were referred to court under the aforementioned anti-prostitution and debauchery laws.

Through the cases collected by EIPR and the testimonies of former prisoners and defendants, we have compiled evidence of a wide range of violations against LGBTQI individuals throughout this campaign, particularly against men having sex with men and transgender individuals. The common manner of arrest is through online entrapment, in which an officer or member of the morality police uses a gay or transgender dating application to pose as a man seeking gay sex, luring others to meet, at which point they are arrested. This entrapment and assumed intention is considered clear incitement to commit a crime by security forces.

Moreover, all interviewees confirmed having been subjected to various forms of harsh and inhumane treatment, amounting to torture in many cases. These include vicious beatings, persistent insults in police stations and threats of sexual violence. Some have been threatened with being placed in a cell with other prisoners who have been incited to rape them. EIPR noted that several of those arrested in this crackdown were subjected to anal examination, which as explained above is a degrading and inhumane measure that could amount to torture.

 

Re-posted from: https://eipr.org/en/press/2017/10/egyptian-state-wages-unprecedented-arrest-campaign-against-individuals-based-their