CSBR Featured, News on Sexual & Bodily Rights

Take All Possible Measures To Revoke Death Sentence On Sri Lankan Domestic Worker: Sri Lankan CSOs Tell Govt

3 December 2015

185 Civil Society activists and 40 organisations have today urged the respective authorities to take all possible measures to revoke the death sentence and ensure the migrant worker’s safe return to Sri Lanka.

A 45 year old, unnamed Sri Lankan migrant domestic worker and mother of 4 has been sentenced to death by stoning in Saudi Arabia for ‘adultery.’

We publish below the statement in full;

Death Sentence Imposed on a Sri Lankan Migrant Worker in Saudi Arabia

We the undersigned express our deep dismay and distress that as a yet unnamed Sri Lankan housemaid living in Saudi Arabia has been found guilty of adultery and has been sentenced to death by stoning.

StopStoning-SaudiAccording to newspaper reports, a court in Riyadh sentenced the woman, reportedly a mother of two, based on her confession. The male worker involved in the case who has been found guilty of fornication (as he is not married) has been given a sentence of 100 lashes. Little is known of the circumstances of the case; generally these cases are difficult to prove as it must be corroborated by four male witnesses or eight female witnesses. However since the woman pleaded guilty the case has been exempted from this standard of proof.

In response to the conviction, the Sri Lanka Bureau of Foreign Employment (SLBFE) and the Ministry of Foreign Employment has expressed concern and instructed the Sri Lankan Embassy in Saudi Arabia to take all steps to save the convicted woman. The SLBFE has hired a lawyer to appear on behalf of the woman in order to obtain a revocation of the death sentence. Minister Thalatha Athukorale has however noted that this would be an uphill task given that the woman has confessed to the offence.

This is the second instance that a Sri Lankan housemaid has been given the death sentence. PreviouslyRizana Nafeek was beheaded on 9th January 2013 for the alleged murder of a four-month old baby boy. Nafeek’s conviction was also based on a confession, which she later claimed was made under duress and without linguistic assistance. Following a case which dragged on for five years and despite appeals made by the government of Sri Lanka and international and local women’s and human rights organisations, the Saudi government went ahead with her execution in January 2013.

According to Amnesty International, Saudi Arabia is amongst the top three countries that implement the death penalty and the majority of those who are executed are foreign nationals convicted for non-lethal crimes such as adultery, apostasy, sorcery and witchcraft.

We appeal to THE RESPECTIVE AUTHORITIES TO take all possible measures to revoke the death sentence and ensure the migrant worker’s safe return to Sri Lanka. We EARNESTLY call on you to expeditiously bring to bear all possible means to ensure that the migrant worker is granted justice. We further call on you to ensure that Sri Lankan migrant workers are granted all possible support and protection to ensure their human rights.

Sincerely

Action Network for Migrant Workers (ACTFORM)
Centre for Policy Alternatives
Centre for Social Concerns, Jaela
Ceylon Workers Red Flag Union
Citizens Voice for Justice and Peace
Domestic Workers Union
Families of the Disappeared
Kantha Shakthi Forum
Lanka Estate Workers Union
United Federation of Labour
Lawyers Collective for democracy
Muslim Women’s Research and Action Forum
Red Flag Women’s Movement
Rights Now
Rural Women’s Front, Galle
Savisthri Women’s Movement for Justice
Sri Lanka Women’s NGO Forum (SLWNGOF)
Suriya Women’s Development Centre, Batticaloa
Trikone Cultural Centre
Woman’s Power
Women and Media Collective (WMC)
Women In Need
Women’s Resource Center, Kurunegala
Association for War Affected Women, Kandy
Christian Workers fellowship (CWF)Women Action Network, Jaffna
Future In Our Hands
The Grassrooted Trust
Coalition for Educational development
SAHODARATHWA SANSADAYA
Christian Alliance for Social Action (CASA)
Centre for Peacebuilding and Reconciliation
Inter Relligious Federation of Ampara District (IRFAD)
Al Minan Women’s Society – Kalmunai
Fathima Women’s Society – Central Camp
Nisha Women’s Society Kalmunai
Ambikai Women’s Society – Central Camp
Malar Villy Society Central Camp
Sivasakthi Women’s Society Central Camp
Ina Ottrumaikana Pengal Abiviruthy  Ondriyam Central Camp
Women’s Political Academy

Amal Mohamed
Amita Weerasinghe
Ameena Hussein
Anberiya Hanifa
Ann Jabbar
Ainslie Joseph
Annie Kurian
Anoma Alankara
Anoma Manoranjani
Aparna Gurusinghe
Aasha
A.H.H.Aqila
Asma Jabir
Arafa Jaleel Khan
Azra Abdul Cader
Balachandran Gowthaman
Balasingham Skanthakumar
Bhavani Fonseka
Bhoomi Harendran
Britto Fernando
Camena Gunaratne
Chandani K.A Malagammana
Chandralal Colombage
Cayathri. D
Caryll Tozer
Chandrika Gadiewasam
Christine Perera
Chulani Kodikara
D.R.Jayathilake
David Gunaratnam
Damaris Wickremesekera
Deeptha Bandara
Dhammika Karunaratne
Dharmasiri Bandaranayake
Dinushika Dissanayake
Elanda Delwala
Faizun Zackariya
Fahrun Muthalif
Farzana Jaleel Khan
Florine Marzook
G.W.Padmaseeli
Gamini Ruberu
Gamini Viyangoda
Gehan Gunatilleke
Geethika Rupasinghe
Gratian A. Peiris
H.M. Subharatne Menike
Harini Amarasuriya
Hans Billimoria
Hilmy Ahamed
Hishama Matheen
Hemalatha
H.Nuwaiza
Hyshyama Hamin
Iman Mohamed
Indra Swarnaseeli
Inshira Laffir
Irina Jabir
Jagath Siriwardena
Dr. Jameel,
Jezima Ismail
Jailabdeen Shiam
Prof. Jayantha Seneviratne
K.A.Jayasinghe Perera
J. Madanaruby
Kalani Subasinghe
Kumudini Samuel
K.Nishanthini
K.Wijeyluxmy
K. Vinoja
K.L.M.Azeez
Fr Kirubairajah
Kusum Siriwardena
Lesley Sirimane
Leila Udayar
Lallani Kalupahans
Linus Jayathilaka
Dr L Solomons
Dinoo Mumthahana J.
M. Indrawathi
Mahendran Thiruvarangan
Maithree Wickramasinghe
Marisa de Silva
Mahinda Jayawardena
Mala Dissanayake
Mary Heather White
Menaha Kandasamy
Menike Wannisooriya
Melisha Yapa
Mirak Raheem
Mohamed Nuhman
Mujeebur Rahman
M.M.Jenita
M.S.Thevagowry
Nayagara Jinadasa
Nadira Salih
Neil Priyantha Fernando

Nimalka Fernando
Noorul Zaniha Jainulabdeen
N. Zairina Ariff
Nishani Punchihewa
Nirmalani Perera
Nimnaz Jabir
Padma  Pushpakanthi
Paba Deshapriya
Pavithra Sajeevani
Philip Setunga
Piyumi Tharaka
Priyadarshanie Ariyaratne
Prabha Gurusinghe
P.Selvaratnam
Preethika Weerawansa
Premapala Hewabatage
Prema Gamage
Paul Hogan
Ranga Bandaranayake
Rajee Clerk
Ralston Weinman
Ramzeen Azeez
Rani Jayasinghe
Ranjani Mallika
Ratna Sandaseeli
Rajany. C.
Rev. Jason J. Selvaraja, Assembly of God, Chavakachcheri
Rev. M. V. E.  Ravichandran, Jaffna Diocesan Catholic Youth Federation
Riyani
Rikaza Laffir
Rohini Dep Weerasinghe
Rohini Hensman
Roshani Fernandopulle
Ruki Fernando
Rushdi Zackariya
Ruwendi Wakwella
R.Logitha
S. Ananthi
S.G.Nishanthini
Sathyavani
Sandya Salgado
Savithri Wijesekera
Sepali Kottegoda
Selvi Sachithanandam
Shafinaz Hassendeen
Shreen Saroor
Sampath Samarakoon
S.A.M.Jabir
S. R. H. Hoole
S.Unesh Kunalan
Sheila Richards
Shirani Rathnaweera
Shiromi Pathirana
Sithy Nabeesa Deen
Shyamala Gomez
Shyamala Sivagurunathan
Shamini
Shafnaaz Harees
Silma Mohideen Ahamed
Sriyani Pathirage
Sriyanie Wijesundara
Sudarshana Gunawardene
Sunil Ranasinghe
Sumi Kerison
Supipi Jayawardena
Smriti Daniel
Shiranee Dissanayake
S. Rubiya
Tanuja Thurairajah
T. Chandramohan
Thiagi Piyadasa
Thilaka Liyanage
Thissanthini
U.P.M Pathirana
U.L.Hafeela
U.L.Sameena
U.L.Hassen
Udeni Thewarapperuma
Yasmin Azeez
Vasuki Jeyasankar
Vasanthagowri
Visaka Dharmadasa
Viola Perera
Visaka Bandaranayake
W.A. Dayani
Wasantha Dissanayake
Zuhri Zackariya
Zulfika Ismail


Reposted from: Colombo Telegraph

CSBR CSBR Activities, News from Member Organizations, News on Sexual & Bodily Rights, ODOS

Indigenous Responses to Homonationalism, from Pakistan and Sweden

As part of the One Day, One Struggle, a global campaign by members of the Coalition of Sexual & Bodily Rights in Muslim Societies (CSBR), Drag It to the Top in Pakistan, organized a focused group discussion on indigenous responses to homonationalism in Pakistan and Sweden and exploring the importance of politics of feminist transnational solidarity in the wake of cultural wars on human rights by terrorist groups ISIL and Al-Qaeda and the resulting threat of Islamophobia against queer Muslims living in war-torn areas and the explosion in refugee populations migrating to the West for asylum.

The discussion was held at Lahore’s Books n Beans café, a highly popular and cordial environment for activists and intellectuals to get together and share issues of common interest over coffee and a diverse range of affordably priced books.Effects of Homonationalism in South Asia web

There were 15 people in attendance including Pakistani representatives of esteemed academic institutions, multinational
corporations, art and history collectives and not-for-profit organizations in Lahore that were joined by academic researchers from Sweden. The format of the discussion involved sensitization on local and standardized terms on queer sexuality which was then extended to understand the implications of homonationalism in the Indo-Pak Sub-Continent as well as internationally.

It was no surprise to see the debate kicking off with the question “how is homonationalism relevant to Pakistan? You have to have a state-sanctioned movement for LGBT rights and it doesn’t apply to our context so far,” says Hadi Hussain, a lecturer of psychology at the Department of Gender Studies at Punjab University, Lahore. Hadi was one of the first Pakistani academic to write a retaliatory feature in the media condemning the US embassy Pride celebrations held in Islamabad in 2010.

Sharing his initial responses to homonationalism, Abdullah Qureshi, arts consultant for the British Council in Lahore said, “I provide therapy in solidarity meetings for homosexual men from different backgrounds. For someone, who was born privileged and exposed to Western education and went to the West to study, I’ve never questioned my identity. In fact I’ve always felt comfortable with it. At the same time, I cannot accept any critiques or labels on my identity or someone telling me that I need a boyfriend because I’m gay. I’ve never identified with my sexual orientation due to a long history of abuse. The point is that it is very interesting that we have these indigenous queer identities where there is actually no such categorization. We just exist and there are pluralistic definitions to identity itself and the question is do we fit those definitions or ought to go beyond them in identifying with who we are?” he asks.

“Homonationalism is the perfect starting point for a reconciliatory conversation on the ‘us versus them’ narrative,” says Fakhra Hassan, story scholar recording witness accounts of Partition survivors and refugees in Pakistan on behalf of the California-based collective, The 1947 Partition Archive. “Pakistan and India continue to function under colonial laws and exercise persecution of minorities, especially in Pakistan. We profess to be a secular state but Islam is stuck in our constitution which has resulted in xenophobic and misogynistic laws [Blasphemy law and Hudood laws] that promote the culture of intolerance and hate towards women and religious minorities. The 1973 amendments to the constitution to this day makes allowances for persecution of the Ahmadiyya community that are considered non-Muslims. Not to mention, army dictatorships and military atrocities against minorities in Sindh, Khyber Pakhtunkhwa and Balochistan are also absent from the mainstream national narrative,” she says.

Commenting on gay activity and visibility in Pakistan, Hassaan Khan, a student of digital arts at the Beaconhouse National University in Lahore, pointed out there was a surge in the number of gay parties being held in the cities during the last military regime in the country that was imposed in 2001. In Pakistan, the military is the biggest beneficiary of US foreign policies.

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In 2009, the Pakistan government in a dramatic move gave formal recognition to the transgender community. Sharing her experiences of recording witness accounts of refugees from Bangladesh and Afghanistan, Fakhra adds: “There is a very large community of Bengali refugees living in Karachi and Afghan refugees living in Islamabad. They have not been issued national identity cards since 1972 let alone other basic privileges like housing, education and jobs. Both the refugees and the trans-community are not exempt from state-sponsored hate crimes and forced evictions. So, the question is why issue ID cards to the Pakistani transgender community only and why now?” she asks.

Fatima Anwar, a law student from the Lahore University of Management Sciences (LUMS) sharing her thoughts on the English term ‘transgender’ says: “The image that comes to mind when we use the term transgender is very different from the image associated with the term khwaja sira. The way gender and sexual identities are constructed in the US are based on cultural identities that are very different from what we have in Pakistan. We are essentially talking about two very distinct forms of cultural representation and the term transgender just doesn’t fit here. Similarly terms like gay, lesbian and bisexual do not apply to the South Asian context because they’re not formed that way,” She says.

While comparing domestic laws with European and American laws, the participants explored the appeal of homonationalism for Pakistanis. Hadi said, “There are certain organizations grabbing opportunities of pre-planned Western funding and manipulating us into believing they are doing amazing work for the emancipation of homosexuals of the third-world countries without checking the ground realities. It is related more to the white neo-liberal politics in our context which also does not take into account transgender identities in solidarity circles. Moreover, we do not have any national narrative on queer rights at the moment,” Hadi says.

Participants were in agreement with the seduction of homonationalism when one looks at the privileges it promises to queer as well as religious minorities [living in war fronts] like gender-less pedagogy and secular education in Scandinavian schooling systems and legalized status of same-sex marriages in the US and parts of Europe where there are also instances of interfaith same-sex marriages. “I can never conceive marrying a woman from another religion in South Asia that is still rife with Partition-related communal tensions and Islamophobia. In that sense, yes, I am drawn to homonationalism. It is rare to even conceive of interfaith heterosexual marriages in South Asia. There is no discourse that exists on the more complicated issues of faith and sexuality due to the sheer absence of spaces on interfaith dialogue,” Fakhra says. “Homonationalism is quite seductive as it promises state recognition but it is a kind of recognition that could rip apart communities and the possibilities to build communities,” Dr Erika Alm, Swedish researcher from the Department of History of Science & Ideas at Gothenburg University adds. “Nowadays being LGBT in Pakistan is considered sexy in international narratives of media outlets like the BBC and New York Times because everyone is interested in investing to get to know what they look like,” Hadi adds.

Sharing his experiences of being gay and Muslim, Abdullah says: “For a long time I rejected my religious beliefs because I felt the two [being gay and Muslim] cannot co-exist. I was recently at a Jewish-Muslim conference in London focused on discussing the Israel and Palestine issue where I came across a large community of gay and lesbians who identified as either Jew or Muslim or neither. That is where it felt good being a Muslim on a personal level because the definition of Muslim was broadened. Being Muslim is not just linked with theology only but to culture, to community and to faith itself and when those aspects are added to your religion, suddenly you are liberated. I was brought up culturally as a Muslim and that allows me ownership of that past. Interestingly, it was the same for most Jewish people and that allowed me to see myself as Muslim without being ashamed of myself,”

On the other hand, in spite of legalization of same-sex marriage in the West, Fatima says that there are several painful stories from gay Muslims in America who don’t want to come out to their parents in fears of losing their cultural roots and they prefer to keep their sexuality private. “They are not able to participate in Pride parades or publicly proclaim their sexuality which also widens the ‘us versus’ them dichotomy. So we need to think whether there is any space for those gay Muslims who also want to maintain family ties? If there is such a space how do you translate those spaces into the Pakistani context?” she asks.

Atiqa Shahid, a student of gender studies, shared her experiences of working with indigenous women in the remote areas of Pakistan as representative for the Bonded Labor Liberation Front. She says “I feel that people living in the remote areas have more tolerance towards queer sexualities than people like us living in the cities. I observed this in their reactions to a Pakistani talk show aired on television recently where the host Nadia Khan was condemning homosexuality and same-sex marriages. The women from these remote areas, who are home-schooled, were in fact quite accepting of homosexuality and voiced their radical views for the LGBT minorities without having to learn the terms used to define them,” Atiqa adds: “Though there was a lot of negative sentiment on homosexuality in the Pakistani media, the indigenous people felt nothing negative about it. In fact, they carried and waved pictures of the rainbow flag in their hands.”

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It was interesting to note that in the US, there are privileged lesbian American talk show hosts like Ellen DeGeneres who thrive on heterosexist modes of behaviour in the media despite their significant contributions to the queer movement. “Again, it’s a question of power and privilege. To me personally, her replication of the male in a heterosexual couple is an act of defiance in itself, it is her way of showing that she has power in society against the backdrop of a long history of violence towards the lesbian and gay communities, and towards people of colour and the natives, from European colonizers in America. In Pakistan, Begum Nawazish Ali enjoys popularity as a radical feminist woman on television because of male privilege. I’ve yet to see an Ellen on Pakistani television,” Fakhra adds.

Sharing their observations and experiences, Swedish national Dr Lena Martinsson, Head of the History of Science and Ideas Department at Gothenburg University, she says that being a socialist welfare state in Scandinavian Europe homonationalism is very much linked with Sweden and creating problems for them. “There is a lot of racism and xenophobia in Europe. We are now living in a neo-liberal society and trying to reconstruct the welfare state around it. It is quite problematic for us to see how it is reconstructed in many different ways,” she adds. Commenting on the migrant population explosion in Europe, Dr Erica says, “We are now in a brown mess not in the fascist sense but politically and we are frankly quite scared of it. What we are facing today is something similar to what was happening during the Second World War. Only now it’s the Muslims who are being targeted. It’s therefore very important for us to find all kinds of transnational ways to address the biases in the left-wing and right-wing approaches to homonationalism,” she says.

One of the struggles associated with homonationalism is the obligation to stick to English terms on gender and sexuality all the time, the researchers shared. “In Sweden, we are raised to speak in Swedish only at home or in public places. Pakistanis are more close to the English language than we are. We don’t grow up with the English language. Then we have indigenous terms in Sweden associated with gender and sexuality that are slurs and they are being re-appropriated to fit English definitions. Unfortunately, Sweden is focused on the US queer politics and the US ways of articulating terms on sexuality. However, we are not in the strictest sense under-developed or homophobic as compared to Pakistan. Nevertheless, the queer community that has grown in Sweden over the decades is now being obliterated because of very specific ways of describing non-conformist behaviours and identities. It is impossible to challenge these ways that are not Swedish without a transnational platform because queer activists in Sweden are always talking in relation to the US political context. The discrimination in Pakistan looks very different from the discrimination we see in Sweden and that’s where our discussion on transnational solidarity becomes very important. Without the transnational framework, we will continue to be restricted to imperialist definitions and repeat normative behaviours again and again unless we build transnational solidarity around indigenous queer identities,” they reiterated.

Drag It to the Top dedicates this FGD in loving memory of late Sabeen Mahmud – a fearless warrior-lover-activist-technologist-woman from Pakistan who was killed in the line of duty in April 2015 for giving space to families of missing persons in Balochistan to voice their concerns to the public. May she rest in power wherever she is.

 

*Definitions and Origin

The term “homonationalism” was coined by American-Indian academic Jasbir Puar which is defined below in summary:

“[Within queer communities], homonationalism is fundamentally a deep critique of ethnic and minority liberal rights discourses and how those rights discourses produce narratives of progress and modernity that continue to accord some populations access to cultural and legal citizenship at the expense of delimitation and expulsion of other populations. The narrative of progress for ethnic and minority rights is thus built on the back of racialized others.”

The term came into use after the initiation of Israel’s Pinkwashing campaign aimed at Palestinian queers living in the Occupied Territories with a promise of a queer-friendly nation at the cost of giving up the Palestinian struggle for freedom. The Palestinian refugee lobbies around the world have responded aggressively a powerful Boycott, Divestment and Sanctions (BDS) counter-campaign initiated by both queer and non-queer groups against Israeli products and propagandas which has been endorsed by numerous individuals and organizations around the world.

CSBR CSBR Activities, Headline, News from Member Organizations, News on Sexual & Bodily Rights, ODOS

Panel On the Sexual & Bodily Rights Of Refugee Women and LGBTI people in Turkey

The international campaign for sexual and bodily rights titled “One Day, One Struggle” organized simultaneously by the Coalition for Sexual and Bodily Rights in Muslim Societies (CSBR) member organizations every year on November 9 was realized in 8 countries this year with various events held by 20 organizations.

Two separate events were organized in Turkey as part of the international campaign. CSBR member Kaos GL Association supported by the Foundation for Society and Legal Studies (TOHAV) organized a “Workshop on Psycho-Social Support” for LGBTI activists in Ankara, while CSBR members Women for Women’s Human Rights-New Ways (WWHR) and Lambda
İstanbul LGBTI Solidarity Association partook in the campaign with a “Panel on the Sexual and Bodily Rights of Refugee Women and LGBTI” held in İstanbul Bilgi University Social Incubation Center in İstanbul.

Convening at the “Workshop on Psycho-Social Support” co-organized by Kaos GL Association and TOHAV, LGBTI activists discussed ways of “healing” together in the aftermath of the Ankara massacre, easing the pains through solidarity, and continuing the struggle by preserving the hope amidst our current environment of war and violence. The most important outcome of the workshop that lasted two and a half hours was the emphasis on standing together as a powerful impetus in resisting for peace.

ODOS 2015 - Ortak Mücadele1Şehnaz Kıymaz Bahçeci of WWHR-New Ways delivered the opening speech of the “Panel on the Sexual and Bodily Rights of Refugee Women and LGBTI” which was heavily attended by individual participants as well as representatives of numerous non-governmental organizations working in fields of women, LGBTI and human rights. Information on CSBR and the “One Day, One Struggle” campaign was relayed in the opening speech conveying that the coalition was established in 2001 as an international entity with the aim of creating a common line of struggle for sexual and bodily rights advocates and expanding the fields of struggle for feminists, activists and rights advocates in face of increasing pressure created by religion and traditional norms and rising conservative policies in the political arena. Bahçeci explained that since 2009 CSBR has been organizing the “One Day, One Struggle” campaign every year on November 9 in order to draw attention to sexual, bodily and reproductive rights and the struggle carried out for these rights. She emphasized our ever growing need to come together against the problems of refugees, which we witness everyday especially in big cities, escalated by the ongoing war in Syria. She underlined the importance of the women’s movement acting in solidarity with refugee women and LGBTI.

The panel was moderated by İstanbul University Faculty of Political Sciences lecturer Associate Professor Zeynep Kıvılcım who conducts field research on Syrian refugee women and LGBTI. Proffering examples from the dialogues that take place during her research, Kıvılcım said, “We are in the fourth year of the war that erupted in Syria and we are responsible for our reticence. We must take action on this issue all together. This ongoing state of the Syrians’ lack of status must be ended immediately.”

In her speech titled “The Gender of Immigration” Özgül Kaptan, who has been working in the field with refugee women for almost two years on behalf of Women’s Solidarity Foundation (KADAV) and Women Without Borders, explained the terms that define emigrants such as immigrant, asylum-seeker, refugee, guest, illegal alien, undocumented, etc. Noting that the term “illegal alien” used for paperless immigrants who have not been registered has an escalating effect on hate speeches against immigrants, Kaptan emphasized the importance of dialogue and solidarity for the solution of these problems.

ODOS2015-AnkaraWorkshopNilgün Yıldırım Şener of the Human Resource Development Foundation (İKGV) stated that sexual violence is used as a method of war between the fighting parties in Syria. Giving examples from the cases they encounter in the counseling center for Syrian asylum-seekers set up in Esenler, İstanbul, Şener stressed that 10 out of every 100 asylum-seekers applying to the center have been subjected to sexual violence. She said that among the case files opened at the center during the January-July 2015 period, 89 of the sexual violence victims were women, 37 men, and 9 were LGBTI individuals. Delivering a summary of the sexual and bodily rights violations of women and LGBTI, Şener underlined that housing is the gravest problem along with the very widespread fear of harassment and rape. She also talked about the prevalence of major problems such as the constantly changing practices regarding access to health care services, and the impossibility of access to services such as birth control and abortion.

Diyarbakır Metropolitan Municipality Fidanlık Yezidi Camp director Müzeyyen Anık Aydın expounded the conditions and difficulties in the Yezidi camps maintained with the efforts of municipalities in the region without any financial or infrastructural support from the state. She said that presently in the camps there are around 4,000 Yezidis among whom there is a prevalent practice resembling the caste system, and that all decisions concerning women are taken by men. Aydın underlined that immigrant Yezidi women cannot practice their sexual and bodily rights and that there are severe rights violations. Further explaining that municipalities try to provide all services including shelter, health and education for the Yezidis who do not receive any form of state support, Aydın stated there are major shortages primarily in terms of human resources.

Lawyer Fırat Söyle of Lambdaİstanbul LGBTI Solidarity Association stated that as Lambdaİstanbul they have established a commission for refugees and are providing legal support for LGBTI refugees who apply to them. Noting that the rights violations experienced by LGBTI in Turkey are experienced also by refugees, Söyle observed that despite the immigration administration put in place the system is run by the police, and that the number of LGBTI refugees who have to do sex work in order to meet their needs for shelter and food is increasing by the day. Söyle added that the trans individuals held in camps in satellite towns cannot access the health services and medicine they require for their transition process.

The panel which was concluded with a question-and-answer session emphasized the importance of recognizing the existence of immigrants in Turkey and conducting common works to lead a life together, and made suggestions for creating public opinion towards the adoption and implementation of legal regulations required for the refugees/immigrants/asylum-seekers to lead humane lives; supporting refugee women and LGBTI to create their own initiatives for organizing; opening multilingual and multicultural counseling centers; and developing solutions through solidarity networks. All these discussions were also shared live in social media through @kadinih and @lambda_istanbul twitter accounts.

12.11.2015

Kadının İnsan Hakları – Yeni Çözümler Derneği / Women for Women’s Human Rights-New Ways (WWHR) www.kadinininsanhaklari.org, Tel : (+90) 212 251 00 29
Lambdaİstanbul LGBTİ Dayanışma Derneği / LambdaIstanbul LGBTI Solidarity Association
http://www.lambdaistanbul.org, Tel: 0549 490 90 71

Kaos GL Derneği / Kaos GL Association www.kaosgl.org Tel : +90-312-2300358 Faks : +90-312-2306277

CSBR Featured, News on Sexual & Bodily Rights, Resources & Tools

GISWATCH 2015: Sexual Rights and the Internet

GISWatch 2015 is out, with a focus on Sexual Rights & the Internet. This edition brings together 57 country reports on a wide array of sexual rights issues, including:GISWatch2015-SexualRights-Internet

– Restrictions for Sexual Rights Activists in Sudan

– Internet rights, culture, and religion in Ethiopia

– Stopping FGM in the Gambia

– Sexual harassment in cyberspace in Morocco and Yemen

– Censorship of sexual expression online in Turkey

– Third gender rights in Bangladesh

– Teenage sexual health education in Indonesia

and much, much, more. Read more details below and find the reports online at GISWatch.org.
* * *
12 November 2015

The Global Information Society Watch (GISWatch) 2015 presents stories from around the world on how the politics of sex and sexual rights activism takes place online. Since 2007, the GISWatch provides a space for collaborative monitoring of implementation of governments commitments towards the creation of an inclusive information society.

The topics of the 57 country reports gathered in this year’s GISWatch are diverse, ranging from the challenges and possibilities that the internet offers lesbian, gay, bisexual, transgender and queer (LBGTQ) communities, to female genital mutilation, the suppression of sexual rights such as same-sex marriage and the right to legal abortions, to the rights of sex workers, violence against women online, and sex education in schools. Each country report includes a list of action steps for future advocacy.

The eight thematic reports introduce the theme from different perspectives, including the global policy landscape for sexual rights and the internet, the privatisation of spaces for free expression and engagement, the need to create a feminist internet, how to think about children and their vulnerabilities online, and consent and pornography online.

The timing of this publication is critical: many across the globe are denied their sexual rights, some facing direct persecution for their sexuality (in several countries, homosexuality is a crime). While these reports seem to indicate that the internet does help in the expression and defence of sexual rights, they also show that in some contexts this potential is under threat – whether through the active use of the internet by conservative and reactionary groups, or through threats of harassment and violence. The reports suggest that a radical revisiting of policy, legislation and practice is needed in many contexts to ensure that the possibilities of the internet for guaranteeing sexual rights are realised all over the world.

Reposted from: GenderIT.org

CSBR Featured, News on Sexual & Bodily Rights

A Look at Muslim Family Law in Malaysia

1 November 2015

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By: Zainah Anwar

Dark Days for the Fairer Sex 

Malaysia used to have one of the most progressive Muslim family laws in the world but by 2003, we are right there at the bottom, thanks to amendments to the law which discriminated women.

IN the latest UN report on Progress of the World’s Women 2015-2016, Malaysia is ignominiously lumped with Algeria, Bangladesh, Egypt, Iran, Jordan, Pakistan and Saudi Arabia, as countries that have maintained highly discriminatory family laws.

It is not that all these worst countries have laws based on Islam, for there are many Muslim countries with far better family laws. The significant finding is that women’s groups face the biggest resistance to reform when state and religion are closely intertwined. In such countries, religious doctrine is less likely to evolve and adapt to changing social practices as patriarchal interpretations of religion get frozen.

In contrast, the report highlighted the achievement of Morocco where the women’s movement mobilisation for family law reform, the election of a socialist party into power and the ascendance of a young progressive King successfully led to an overhaul of its Muslim family law.

The law reform in 2004, based on Islamic and human rights principles and women’s lived realities, recognise marriage as a partnership of equals.

The concept of male authority over women and a wife’s duty to obey the husband were abolished.

The law established equal rights and responsibilities within the family, heralding the Moroccan Moudawana today as the most progressive in the Muslim world.

What is so obviously missing in Malaysia is the political will to do what is right, what is just and fair for women.

While the nation’s leaders regularly pledge internationally their commitment to women’s equality and non-discrimination, a different story plays out at home, especially where the rights of Muslim women are concerned.

That a high middle-income supposedly modern and progressive country can be mentioned in the same breath with countries such as Saudi Arabia, Iran, Pakistan, and Bangladesh just shows how low this country has sunk with regard to women’s rights in Islam.

A country that in the 1980s had one of the most progressive Muslim family laws in the world, by 2003 had fallen to the bottom through two rounds of amendments that grossly discriminated against women.

Two weeks ago, the Sisters in Islam’s national convention on Muslim Family Law reform brought together some 150 single mothers and other concerned women from nine states – tired and angry women who have suffered the injustices of patriarchy at home and in the court system.

I’ve not seen a bigger group of outraged Malay women who felt that this government had turned its back on them. Their litany of complaints was not just long, but also old.

They’ve been saying it over and over again, and yet change has hardly come.

One single mother who filed for divorce within six months of marriage because of domestic violence took eight years to finally get her divorce – this in spite of 48 police reports against her husband.

And she is still battling him in court as further discriminatory amendments to the Islamic Family Law in 2005 now enables him to claim for a share of her assets that include a house that she had acquired before their marriage.

As much as it was heartbreaking to hear the endless stories of injustices, it was also heartwarming to see single mothers coming together to fight for their rights.

They were strong, articulate, confident. They knew their rights and they knew they had been betrayed.

Angry at the absence of any representation from the government (several opposition Members of Parliament and political aides came), the women declared that they really should be forming a new political party to fight for their rights as it was obvious, they said, that the government and its various arms really did not care for their interests.

Over three days, they learned how to facilitate and work together to define issues, and identify and cluster themes. They broke into groups to discuss the kinds of changes they wanted to see in law and procedure, on long-standing problematic issues over polygamy, divorce, division of matrimonial assets, children’s maintenance, financial compensation, and domestic violence.

They were tired that the men in their lives who had failed to provide and protect the family well-being were not punished for their bad behaviour. They demanded that fathers who failed to pay regular maintenance for their children and failed to provide the financial compensation due to the wives upon divorce should be prohibited from renewing their driver’s and business licences, and international passport, and that they should also be blacklisted and prevented from getting any bank loans, as is practised in Singapore.

They wanted the courts to use more frequently the existing provision of imprisoning these men for contemptuously ignoring court orders to provide for maintenance. They wanted the rules changed to enable the court to order that all arrears in maintenance could be deducted immediately from the men’s EPF funds – again as practised in Singapore.

On the issue of polygamy, they wanted the fifth condition for polygamy in the original 1984 family law be reinstated – that there will be no drop in the standard of living of the existing wife, children and dependents.

They wanted the courts to be strict in obtaining documented evidence that the man is truly able to afford a second family. They wanted a division of the matrimonial assets done and the monthly maintenance for the existing wife and children determined before the second marriage is allowed to take place.

They wanted a computerised central registration of marriage and divorce so that anyone can access the data system to check if their husband or the man they wanted to marry already had another wife.

Many of the women at the convention have faced long delays in getting a divorce because some husbands felt affronted that their wives could have the gall to demand their rights under the law.

While a man can simply divorce his wife without any reason, these women go through years of delays, including attempts at counselling and reconciliation that they felt were useless.

They had already endured years of trying to make the marriage work, so they said the state should trust their wisdom that when they finally decided to file for divorce, it meant the marriage was beyond repair.

So please don’t go through the motions of reconciliation that leads to nowhere, they said. Not even the husband who is challenging the application for divorce wants reconciliation.

He is just being vindictive, said the women, and the court should see through his charade.

Again, as practised in Singapore, they want the law changed where through talaq tafwid, the husband who is reluctant to pronounce divorce, can be ordered by the court to delegate it to his wife and she can pronounce the divorce on him before the judge.

Why is it that women of other faiths in Malaysia have been able to benefit from over 30 years of equal treatment in family law, while Muslim women are still regarded as inferior to Muslim men, under his authority and control?

Muslim men are privileged because they supposedly have a duty to protect and provide for the women and children in the family.

But in reality, as the experience of these single mothers show, these men neither provide nor protect their families. It is the women who as heads of households, provide and protect.

And yet men’s privileges in law and practice continue undisturbed, as if the realities on the ground do not matter to those who have the authority to make the desperate changes needed to ensure the well-being of the family.

What more needs to happen before these patriarchs open their eyes, their minds and their hearts that Muslim women too want to be treated as human beings of equal worth and dignity? What is so unIslamic about that?

  * * * *

By: Zainah Anwar
Reposted from: The Star Online

 

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CALL TO ACTION: Egyptian Journalist & Human Rights Defender Hossam Bahgat Must Be Released

9 November 2015

Call to Action: Egyptian Journalist & Human Rights Defender Hossam Bahgat Must Be Released

The Coalition for Sexual and Bodily Rights in Muslim Societies (CSBR) calls for the immediate release of Hossam Bahgat, and for any and all charges against him to be dropped without condition.

Hossam Bahgat is a leading Egyptian journalist and human rights defender, and is also the founder of the Egyptian Initiative for Personal Rights (EIPR). Hossam Bahgat is being unlawfully detained by the military prosecutor, with the location of his whereabouts unknown.

PLEASE TAKE ACTION in circulating the news, and writing to your governments and diplomatic missions, asking them to call for the immediate release of Hossam Bahgat. Please use the information provided below in your actions.


Background:

On Thursday 5 November, a ranked officer left a note summoning Hossam Bahgat to military intelligence unit 77 in Cairo’s eastern district of Nasr City, for 09h00 on Sunday November 8th. Hossam Baghat was accompanied by two friends to the summons, who saw him enter Unit 77 just after 09h30 on November 8th.

For the next eight hours, Hossam Bahgat was interrogated without legal counsel, his whereabouts unknown. It was later learned that he was transferred from the military intelligence unit to the military prosecution around midday. It was only after 17h30 that Bahgat was allowed to call lawyers of his choosing.

After that point, 15 human rights lawyers attended the on-going interrogation. His lawyers said that the military prosecutor had interrogated Hossam solely in connection with his writing and in particular the one investigative report he wrote for the online newspaper Mada Masr on 13 October 2015.

They said that the charges against him were Article 102 bis “deliberately spreading false information with the purpose of harming public order or public interest” and Article 188 “publishing, with malicious intent, false news that is likely to disturb public order.”


Violation of Constitutional Rights & Human Rights: In a statement on November 8th, Amnesty International said Bahgat’s interrogation “is a clear signal of the Egyptian authorities’ resolve to continue with their ferocious onslaught against independent journalism and civil society.”

It is well known that Egypt’s military intelligence had summoned a number of journalists in recent months under the auspices of a draconian ‘counter-terrorism’ law that criminalizes journalists who publish information that differs from the accounts of the Ministry of Defence.

However as Egypt’s civil society groups have noted, these interrogations have usually lasted a few hours, and often ended with a pledge from the journalist to commit to cease publications on specific topics.

The decision to detain Bahgat for 4-days on the basis of his journalism, after eight hours of interrogation without legal counsel, and then to refuse to release information on his whereabouts today, represents a clear move to intimidate civil society and a heightened attack on what little space for freedom of expression in Egypt remains.

The decision is also a gross violation of Hossam Bahgat’s constitutional and human rights, particularly Article 71 regarding freedom of publication of the 2014 Constitution, as well as Egypt’s responsibilities under Article 19 of the International Covenant on Civil and Political Rights (ICCPR).

CSBR calls for the immediate release of Hossam Bahgat and for any and all charges against him to be dropped without condition. Please take action by contacting your governments today.


TAKE ACTION:

(1) WRITE/EMAIL/TELEPHONE your governments at home, as well as your government’s diplomatic missions in Egypt:

    • Please write/email/telephone your government, in any language, asking them to call for the immediate release of Hossam Baghat. Please use the information provided above in your appeals.
      • You can find the mailing addresses, email addresses, and telephone numbers of all government Embassies and Consulates within Egypt, as well as Egypt’s Embassies and Consulates abroad here: http://www.embassypages.com/egypt


(2) Spread the news and contact your governments on TWITTER:

    • Tweet the following message & a picture of Hossam Bahgat addressed to your government officials:

@_______ @______ @_______ must demand #Egypt government #FreeHossam immediately&unconditionally. http://bit.ly/1M3hUth

Egypt_Hossam Bahgat_Sq_0

 

(3) Share this release across your social media platforms

   * * * *

For more information, please contact eipr@eipr.org

CSBR Featured, News from Member Organizations, News on Sexual & Bodily Rights

Biggest International LGBTI Conference in Asia held in Taipei — Taiwan embraces 6th ILGA-Asia Conference for Regional Perspectives

ILGA-Asia2015-Presession

[Oct 26, 2015] More than 300 LGBTI activists from 40 countries and territories in the world at the sixth biennial regional conference of ILGA-Asia, the Asian chapter of the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), from this Wednesday to Friday in Taipei, Taiwan, turning a new page for Taiwan’s “NGO diplomacy” despite Taiwan’s international status in limbo.

Organizers of the conference, including the Taiwan Tongzhi Hotline Association (台灣同志諮詢熱線), ILGA-Asia and ILGA, a worldwide federation of 1,200 organizations dedicated to rights promotion for LGBTI people accredited by the United Nations and with NGO Consultative Status with ECOSOC consultative status, jointly expressed their hope on Monday that the event in Taipei would offer an opportunity for Taiwanese activists’ sharing of their best practices with other participants while benefiting from the international perspectives presented in the conference.

Taiwan’s international status has limited local activists’ participation at the international and regional arenas levels, explained Ashley Wu (巫緒樑), co-chair of the conference this year and a board member of the Taiwan Tongzhi Hotline Association, adding that the association would like to take the opportunity of the regional event to urge Taiwanese policy makes, especially all presidential candidates for Taiwan’s upcoming elections in January next year, to make public their stance on major issues of lesbian, gay, bisexual, trans and intersex (LGBTI) discussed in the conference, such as marriage equality.

Bringing Asia’s activists together

As part of ILGA’s efforts to build a worldwide movement with regional representations from different continents, ILGA-Asia began to hold a regional conference for experience sharing among activists since 2002. “Creating a network of support and breaking isolation of activists from different countries is important,” said Ruth Baldacchino, ILGA’s co-secretary-general, who emphasized on the value of equal representation of all regions for a “proper global LGBTI movement”.

Describing Asia as the world’s largest continent with the biggest population featured with significant religious, ethnic, cultural, language, political diversities, where homosexuality is still punishable by death in some countries, such as Pakistan, Afghanistan and Qatar, while Communist-run Vietnam on the other hand repealed a law banning same-sex marriage last year and Thailand’s junta-appointed government enacted the nation’s first law specifically protecting LGBTI people earlier in March, ILGA-Asia’s co-chair Kaona Saowakun said the regional conference is a platform for activists in Asia to learn from each other, and for the world to learn about regional challenges in case timely support is needed.

The conference this year is expected to receive participants from 30 Asian countries, including Pakistan, Sri Lanka, Palestine and Cambodia, a remarkable breakthrough for Taiwan considering its diplomatic relations.

An opportunity for both Taiwan and the region

After taking place respectively in Mumbai, Cebu, Chiang Mai, Surabaya and Bangkok, the ILGA-Asia conference set its foot in Taipei this year, paving way for Taiwan’s sharing of its pioneer experiences in fighting for LGBTI movement. “Asia’s largest pride parade is held in Taipei. Having the conference in Taipei to learn more about Taiwan’s LGBTI movement and joining the pride parade afterwards on Oct 31 will certainly inspire many participants,” said Saowakun.

Although Taiwan’s international status has posed challenges to the conference preparation, such as on participants’ visa arrangements, the Taiwan Tongzhi Hotline Association regarded the efforts as worthwhile－because local activists could gain insights from regional and international perspectives with convenient and hassle-free access to the conference.

“Many activists here with rich experiences in advocacy and campaigns are not used to or lack access to international exposure, owing to Taiwan’s persistent diplomatic predicament under the “One-China” policy between the People’s Republic of China (PRC) and the Republic of China, or namely China and Taiwan. That’s why we were particularly keen to bring the conference to Taipei,” explained Jennifer Lu (呂欣潔), former Taiwan Tongzhi Hotline Association’s public affairs director, referring to the strong pressure from Beijing to bar Taiwan NGO’s international involvement. Lu lobbied in 2013 with Wu for Taiwan to organize the regional conference.

Specifically, Wu hoped that the conference held in Taipei could help open up local activists’ views. “For example, those working to promote persons living with HIVs can consider collaborating with regional activists on issues regarding the patent extension of drugs arising from trade pact negotiations, which could affect access to HIV/AIDS medication ,” he suggested.

LGBTI rights promotion a diplomatic asset

Extensive support at international and regional level, such as EU’s strong assistance in visa processing for participants from countries where Taiwan has no diplomatic presence was “indispensable and tremendously helpful” in bringing all participants to the conference, stressed Lu and Wu.

Speaking on why EU not only sponsored the event but provided further support to the local organizer, Madeleine Majorenko, Head of the European Economic and Trade Office (EETO), said that as EU brings together 28 member states to jointly solve common challenges and problems on the basis of respect for human rights, it believes that all are equal and should be entitled to enjoy their rights. “Taiwan has been a positive example of LGBTI rights protection and promotion. We hope Taiwan can always be the leader and stay at the forefront in the region in this regard”, Majorenko elaborated.

Lu, who is now one of Taiwan’s first Legislative Yuan candidate for the upcoming elections in January next year on the ticket of the Green Party and Social Democratic Party Alliance, cited EU’s support for Taiwan NGOs in organizing the conference as an example of how LGBTI issues could transcend political boundaries. “The government of Taiwan should approach LGBTI issues more progressively and leverage Taiwan’s achievements in LGBTI rights protection and promotion for its international space,” Lu suggested.

Broad range of issues for discussion

Two draft bills concerning same-sex marriage and partnership were put forward to the legislature of Taiwan for legislators’ deliberation respectively in 2006 and 2013, making marriage equality a “hot topic” in the regional conference held in Taipei. Immediately after the conference, Lu is also going to organize a same-sex wedding banquet with her partner on the street to raise awareness on the issue, which the EETO is expected to join with at least 50 delegates from UK, France and the Netherlands.

While recognizing the importance of marriage equality, Baldacchino reminded that LGBT rights should not “start from and end on marriage issues”.

“There are many other issues, such as LGBT youth, discrimination within the education system and at the workplace, that deserve attention,” said Baldacchino.

Several issues that were rarely often addressed before in regional conferences, including LGBT vulnerability and resilience in disaster risk reduction following the catastrophic 2004 tsunami in Aceh, the 2011 Fukushima Daiichi nuclear disaster and Nepal’s earthquake six months ago, LGBTI rights and disability, presentations and discussions concerning middle-aged or older LGBTIs, could all be of interest to participants, Wu pointed out.

Previous achievements of the ILGA-Asia Conference included strengthened coordination and capacity of ILGA members in making use of the United Nations (UN) mechanisms, such as the Universal Periodic Review (UPR), a unique process involving a review of the human rights records of all UN Member States, for LGBTI rights protection and promotion. More specifically, the development of the ASEAN SOGIE Caucus (ASC), a strong and vibrant network of human rights activists from 10 ASEAN countries working for issues regarding sexual orientation, gender identity and expression (SOGIE), was partly inspired in the previous Conference, according to Saowakun.

The organizers expressed their hope that this year’s conference, with the theme of “Independent souls and bodies”, could mark a new milestone for activists’ solidarity and joint efforts in the region, with the supports of the Arcus Foundation, the American Jewish World Services, the Being LGBT in Asia (UNDP), the Common Language, EU, the Ford Foundation, the Ministry of Foreign affairs of Finland, the Open Society, and the Taipei City Hospital.

——
Reposted from: Age of Queer

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An Advocacy Brief: Post 2015 Development Agenda, Influences of Religious Fundamentalisms on Sexual & Reproductive Health and Rights of Women

Post-2015Women'sCoalition-RF-SRHR

This brief by the Post-2015 Women’s Coalition highlights the influences of religious fundamentalisms on the sexual and reproductive health and rights of women, as a key concern for the adoption and implementation of the 2030 Agenda for Sustainable Development.

From the Introduction: “The term ‘religious fundamentalism’ has connotations of regression and backwardness and has been used in debates, Islamic militancy activities5 , Protestant ideology, anti-Americanism and fanaticism. The use of the term in this brief does not signify one religion, but illustrates how the political (mis)use of religion may limit rights, including SRHR, of women and marginalized groups.

Religious fundamentalism misuses religion for political power, and selects specific aspects of modernity as going against religious identity and rejecting others. It is associated with conservative authoritarian policies. Religious right ideologies use discourses of religion and culture to maintain and extend power over the public and private domains. Religious fundamentalists impose their worldviews and apply religious law to all aspects of life. Women are often considered the custodians of family norms and honor and religion is used to control them in direct and indirect ways. As a result, their bodies and sexualities, as well as freedom of movement, reproduction, and dress, become sites of religious control. Extreme interpretations of religion have also impacted people of diverse sexuality.”

Read the full brief on the Post-2015 Women’s Coalition site here.

CSBR Featured, News on Sexual & Bodily Rights, Resources & Tools

An Advocacy Brief: Post 2015 Development Agenda, Climate Change, and Sexual Reproductive Health and Rights

Post-2015 Women's Coalition-CC-SRHRSeptember 2015 

This Advocacy Brief by the Post-2015 Women’s Coalition explores connections between climate change and sexual health and reproductive rights, as a key concern for the adoption and implementation of the 2030 Agenda for Sustainable Development at the national levels.

From the introduction: “…Human rights, including sexual and reproductive rights, will be adversely impacted if swift action is not taken to mitigate the human impact of climate change. Climate change also has significant impact on human health. It puts pressures on the fundamental requirements of good health, clean air, safe drinking water, adequate sanitation and sufficient food. As the world continues to experience incremental yet unpredictable climate change, the inter-linkages with sexual and reproductive health and rights (SRHR) is an emerging issue that needs to be addressed in the context of sustainable development. This brief will consider how climate change will affect universal access to SRHR and that the implications have profound ramifications for the new developmental era.”

Read here the full Advocacy Brief: Post-2015 Development Agenda, Climate Change, and Sexual Reproductive Health & Rights

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CSBR Statement in Support of Mak Nyah in Negeri Sembilan & Across Malaysia

CSBR-Statement

CSBR Statement in Support of Mak Nyah in Negeri Sembilan & Across Malaysia

The Coalition for Sexual and Bodily Rights in Muslim Societies (CSBR) expresses our solidarity with Mak Nyah in Negeri Sembilan state and across Malaysia, whose access to justice in the face of arbitrary arrests, detentions, and violations of their personhood, freedom of expression, and freedom of movement and public participation continues to be delayed.

Since 2010, trans women in the Negeri Sembilan state have been subjected to arbitrary arrest and violent detentions under Section 66 of the Negeri Sembilan Syariah Criminal Enactment 1992, which states that ‘any Muslim male person, who, in any public space, poses as a woman and wears a woman’s attire shall be guilty of an offense, and shall be liable upon conviction to a fine of up to MYR 1000 or to imprisonment for a term not exceeding six months, or to both’.  

In February 2011, three transgender women—Muhamad Juzaili Mohd Khamis, Shukur Jani, and Wan Fairol Ismail—filed a Judicial Review application on the constitutionality of Section 66, and a long, complex struggle to access justice in the formal court system began.[1] Almost four years later on 7 November 2014, the Court of Appeal delivered a landmark decision that Section 66 was incompatible with the Malaysian constitution, particularly Articles 5(1) regarding life and liberty, 8(1) regarding equality, 8(2) regarding gender discrimination, 9(2) regarding freedom of movement, 10(1)(a) regarding freedom of speech, assembly and association.

The Court of Appeal’s judicial reasoning was a strong affirmation of Mak Nyah communities’ rights to self-determination and dignity, and to equal protection under the law. The Court of Appeal’s reasoning was also important in recognizing that laws such as Section 66 that criminalize gender expression impact upon the rights of all persons, regardless of gender or religion, and cannot be used to undermine constitutional rights of Malaysian citizens.

Today, on 8 October 2015, the Federal Court of Malaysia has decided that the decision by the Court of Appeal cannot be upheld, on the basis of a technicality regarding judicial process. The Federal Court sided with the argument put forth by the Negeri Sembilan government that the High Court and the Court of Appeal erred in entertaining the judicial review, and that it should have been taken up by the Federal Court directly.

Despite the ruling, the atmosphere at the courthouse was not one of resignation. As Nisha Ayub shared with us after the judgement was delivered, “As a citizen of Malaysia reflecting on the judgement today, I’m trying to understand why this objection is only being raised now, and not at any of the original proceedings in the last four years. At the end of the day, they are just trying to find a scapegoat entry to say that this is not right. That is very clear, because we already won the case. So yes I feel disappointed, but at the same time I feel I’m still empowered because we got a good judgement. We as a community are empowered and can support each other through the legal procedures. They can say whatever they want to say, and we will continue fighting our way for rights.”

As respondent lawyer Aston Paiva shared, “The orders of the High Court and the Court of Appeal were set aside today, but what is important is that the reasoning of the Court of Appeal is still there. So if we do go back to the Courts, all we’re going to do is go back with the reasoning of Justice Hishamudin, Justice Azia Ali, and Justice Lim Yee Lan and say, ‘This is our case, you have to deal with the argument now’. And in that regard I am actually happy. The Court of Appeals’ decision on its substance was never overturned, just the procedural point.”

In terms of next steps, S. Thilaga of Justice for Sisters expressed that it would be important now to monitor the state enforcement of Section 66, and see whether the arrests and harassment of transgender communities under Section 66 would begin again. She highlighted that while after the Court of Appeals 2014 ruling, no further arrests of Mak Nyah in Negeri Sembilan were made as that would have contradicted the ruling, other Malaysian states that have similar laws criminalizing gender expression and identities have continued to arrest trans women at private gatherings, including weddings and birthday celebrations in private homes.

“In our mind, access to justice shouldn’t be this difficult, this tedious, this complex; it should be transparent and accountable. But despite the decision today, we are comforted by the fact that there are a lot of supporters, and people working to raise awareness on violence and discrimination faced by trans women and hope people will continue to speak out.”

The Coalition for Sexual and Bodily Rights in Muslim Societies supports the on-going struggles to access justice for Mak Nyah in Negeri Sembilan state and across Malaysia. We join the call for the safety, security, and well-being of transgender communities to be upheld, and for an end to harassment, intimidation, arrests and detentions on the basis of gender identity and expression.

For more information about the court case and proceedings, contact Justice for Sisters at justiceforsisters@gmail.com.

* * * *

CSBR News on Sexual & Bodily Rights, Statements

Twelve UN agencies issue unprecedented joint statement on rights of lesbian, gay, bisexual, transgender & intersex people

GENEVA (29 September 2015) – In an unprecedented joint initiative, 12 UN agencies* today issued a powerful joint call to action on ending violence and discrimination against lesbian, gay, bisexual, transgender and intersex (LGBTI) adults, adolescents and children.

“This is the first time that so many members of the UN family have joined forces in defence of the basic rights of lesbian, gay, bisexual, transgender and intersex people,” said the UN Human Rights Office’s Chief of Global Issues, Charles Radcliffe. “It’s both an expression of commitment on the part of UN agencies, and a powerful call to action for Governments around the world to do more to tackle homophobic and transphobic violence and discrimination and abuses against intersex people.”

The statement highlights the link between human rights abuses against LGBTI people and ill health, family break-up, social and economic exclusion and lost opportunities for development and economic growth. It sets out specific steps that Governments, in particular, should take to curb violence and protect individuals from discrimination – including measures to improve the investigation and reporting of hate crimes, torture and ill-treatment, prohibit discrimination, and review and repeal all laws used to arrest, punish or discriminate against people on the basis of their sexual orientation, gender identity or gender expression.

“Violence and discrimination against people based on sexual orientation, gender identity and biological sex characteristics violate their human rights and impoverish whole communities. That is why United Nations agencies working across such a wide range of areas – from human rights to health, education, employment, development, children’s rights, gender equality, food security and refugees – have come together to push for change,” Radcliffe said. “While the symbolism of this is important, the practical recommendations we are putting forward are more important. We hope this statement can provide a blueprint to Governments, as well as to UN teams on the ground in countries around the world,” he added.

The joint UN statement on “Ending Violence and Discrimination against Lesbian, Gay, Bisexual, Transgender and Intersex People” has been endorsed by 12 UN entities: the International Labour Organization (ILO), the Office of the United Nations High Commissioner for Human Rights (OHCHR), the Joint United Nations Programme on HIV/AIDS (UNAIDS) Secretariat, the United Nations Development Programme (UNDP), the United Nations Educational, Scientific and Cultural Organization (UNESCO), the United Nations Population Fund (UNFPA), the United Nations High Commissioner for Refugees (UNHCR), the United Nations Fund for Children (UNICEF), the United Nations Office on Drugs and Crime (UNODC), UN Women, the World Food Programme (WFP) and the World Health Organization (WHO).

ENDS

* To read the statement, please visit: http://www.ohchr.org/EN/Issues/Discrimination/Pages/JointLGBTIstatement.aspx

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Communiqué: STOP à l’humiliation et à l’atteinte à la vie privée des citoyennes et des citoyens

Tunis le 29 septembre 2015

Communiqué
STOP à  l’humiliation et à l’atteinte à la vie privée des citoyennes et des citoyens

Les associations signataires, portent à la connaissance des autorités publiques, des organismes de défense des droits humains, des associations, des médias et de l’opinion publique, le communiqué suivant :

Aujourd’hui, l’article 230 du code pénal fait encore une fois des ravages, condamnant cette fois un jeune homme de 22 ans.

Arrêté depuis le 06 Septembre 2015, le jeune homme a subi des interrogatoires attentant à sa vie privée et son orientation sexuelle ainsi qu’une violation de ses correspondances par la lecture de messages personnels (sms) sur son téléphone cellulaire ;

Il a dû, en outre, subir un test anal pour “prouver son homosexualité”, ce qui constitue un acte de torture selon le comité des Nations Unies de lutte contre la torture ; et que les associations signataires considèrent un acte de viol ;

La Tunisie étant un pays signataire de la déclaration universelle des droits humains, des pactes des droits de l’Homme et de la convention de lutte contre la torture,  ces pratiques sont une atteinte aux droits humains ainsi qu’aux droits garantis par la constitution tunisienne.

Nous rappelons dans ce cadre les articles 21, 23 et 24 de la constitution:

“Article 21: Les citoyens et les citoyennes sont égaux en droits et en devoirs. Ils sont égaux devant la loi sans discrimination. L’État garantit aux citoyens les libertés et les droits individuels et collectifs. Il veille à leur assurer les conditions d’une vie digne.

Article 23 : L’État protège la dignité de l’être humain et son intégrité physique et interdit la torture morale ou physique. Le crime de torture est imprescriptible.

Article 24 : L’État protège la vie privée, l’inviolabilité du domicile et le secret des correspondances, des communications et des données personnelles…”

Nous condamnons fermement ces faits et exigeons la libération immédiate de l’homme en question. Nous exigeons également l’abrogation de l’article 230 du code pénal tunisien, comme étant une disposition inconstitutionnelle et non conforme aux dispositions des conventions internationales dûment ratifiées par la Tunisie.

———————-

                                                                                              Tunis September 29, 2015

Press release
STOP the humiliation and the violation of privacy of the citizens

The signatory organizations have made the following statement, which is addressed to the authorities, human rights organizations, associations, media and public audience:

Today, the Article 230 of the Tunisian penal code is once again violating private rights, this time by condemning a young man of 22 years old.

During his arrest since September 6, 2015, the young man has been interrogated by the police about details on his private life and his sexual orientation. The police have furthermore been violating his privacy by reading personal messages on his cell phone (sms).

The young man was forced to be subjected to an anal test in order for the police to “prove his homosexuality”. This constitutes an act of torture according to the United Nations committee against torture, and the signatory associations consider it as an act of rape.

Given that Tunisia is a signatory to the Universal Declaration of Human Rights, the Covenants on Human Rights and the Convention against torture, such practices are therefore a violation of human rights and the rights guaranteed by the Tunisian constitution.

We recall in this context articles 21, 23 and 24 of the constitution:

Article 21: All citizens, male and female, have equal rights and duties, and are equal before the law without any discrimination. The state guarantees freedoms and individual and collective rights to all citizens, and provides all citizens the conditions for a dignified life.

Article 23: The state protects human dignity and physical integrity, and prohibits mental and physical torture. Crimes of torture are not subject to any statute of limitations.

Article 24: The state protects the right to privacy and the inviolability of the home, and the confidentiality of correspondence, communications, and personal information. Every citizen has the right to choose their place of residence, to free movement within the country, and the right to leave the country. ”

We strongly condemn these acts and demand the immediate release of the young man in question. We also demand the repeal of Article 230 of the Tunisian Penal Code as a provision, which is unconstitutional and inconsistent with provisions of international conventions duly ratified byTunisia.

——

Les associations signataires :
– L’ssociation tunisienne de défense des libertés individuelles
– L’association tunisienne de promotion du droit à la différence
– Mawjoudin
– Damj
– Chouf
– Without restrictions
– Arken

 

CSBR Featured, News on Sexual & Bodily Rights, Resources & Tools

September 28: Global Day of Action for Access to Safe & Legal Abortion

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Today, September 28th, is the global day of action for access to safe and legal abortion! An international campaign by the Women’s Global Network for Reproductive Rights (WNGRR) and partners around the globe is working to #BustTheMyths surrounding abortion stigma.

See the campaign website with more campaign materials & resources here: http://www.september28.org/.

 

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CSBR Featured, News on Sexual & Bodily Rights, Statements

Joint Statement by UN experts on SRHR & the 2030 Agenda for Sustainable Development

 

Joint Statement by UN human rights experts*, the Rapporteur on the Rights of Women of the Inter-American Commission on Human Rights and the Special Rapporteurs on the Rights of Women and Human Rights Defenders of the African Commission on Human and Peoples’ Rights

* The UN Special Rapporteurs on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, on the situation of human rights defenders, on violence against women, its causes and consequences, and the Working Group on discrimination against women in law and in practice.

* * *

“The 2030 Agenda for Sustainable Development and its implementation mark a unique opportunity to ensure full respect for sexual and reproductive health and rights which must be seized”

GENEVA, BANJUL, WASHINGTON D.C. (24 September 2015) – On the occasion of the high-level summit to officially launch the 2030 Agenda for Sustainable Development, a group of international and regional human rights experts* call on States, in implementing the Agenda, to seize the opportunity to recommit to and ensure the full respect, protection and fulfillment of sexual and reproductive health and rights.

Sexual and reproductive health and rights are based on universally accepted human rights standards, as codified in international and regional treaties, as well as in international political consensus documents such as the Programme of Action of the International Conference on Population and Development, and the Platform of Action of the Fourth World Conference on Women.

Yet despite clear obligations of States to respect, protect and fulfill rights related to women’s sexual and reproductive health, violations remain frequent and widespread across all regions in the world. These take many forms including denial of access to goods and services that only women require, subjecting women’s and adolescent’s access to services to third party authorization, poor quality reproductive health services, harmful practices, and performance of procedures without a woman’s informed consent.

We commend the adoption of the 2030 Agenda, which ushers in a universal and people-centric approach to sustainable development that is fully grounded in international human rights law. Central to the Agenda is combatting inequalities and discrimination, including the elimination of discriminatory laws, policies and practices, which often lie at the heart of violations against women’s sexual and reproductive health and rights. We note with appreciation commitments to ensure universal access to sexual and reproductive health care services, including family planning, information and education. However, we deeply regret the decision by States not to advance a more expansive and explicit recognition of sexual and reproductive health and rights, despite committing to implement the Agenda in a manner consistent with their human rights obligations.

A key lesson of the Millennium Development Goals has been in the area of maternal mortality. Today, we observe an increased understanding, including through work undertaken at the Human Rights Council, of the fact that tackling the crisis of maternal deaths requires action to respect, protect and fulfill the full spectrum of women’s human rights. According to the World Health Organization, every day approximately 800 women die from preventable causes related to pregnancy and childbirth, which violate their rights to life and to personal integrity.

We recommend that States utilize the guidance from the Human Rights Council in order to better protect human rights, and also achieve their commitments under the 2030 Agenda. Patterns of maternal mortality are not inevitable: this is the result of discriminatory laws and practices, as well as institutional arrangements that compound poverty, which are fundamental issues of rights and justice. Moreover, the cost of maternal mortality outstrips the cost of ensuring appropriate pre-natal and post-natal care.

Unsafe abortion is one of the leading causes of maternal mortality and morbidity. The criminalization of or other failure to provide services that only women require, such as abortion and emergency contraception, constitute discrimination based on sex, and is impermissible. We are deeply concerned by reports of women who have been imprisoned for seeking emergency health services, including due to miscarriages, experience institutional abuse and discrimination by health service providers as a result of public policies and laws or on grounds of social and economic status, or are reported on or denounced by their doctors to the authorities. We call on States to consider diligently the discriminatory and public health effects of laws which criminalize abortion in all circumstances, to remove punitive measures for women who undergo abortion, and at the very minimum, legalize abortion in cases of sexual assault, rape, incest, and where the continued pregnancy endangers the mental and physical health of the woman or the life of the woman. Moreover, women should always be provided with access to safe, quality post-abortion care.

Violence against women, harmful gender stereotypes and multiple and intersectional forms of discrimination based on sex and gender lead to the violation of women’s sexual and reproductive health rights. In this respect, we are pleased to see commitments in the Agenda to eliminate all forms of violence against women and girls in the public and private spheres, including all harmful practices, such as child and forced marriage and female genital mutilation. We urge States to take all practical and legislative measures to prevent, prohibit, and punish such acts and guarantee redress. States should also address acts of obstetric and institutional violence suffered by women in health care facilities, including with respect to forced or coerced sterilization procedures, refusal to administer pain reliefdisrespect and abuse of women seeking healthcare and reported cases of women being hit whilst giving birth. We are deeply disturbed by reports of women being shackled to their hospital beds whilst giving birth in prison, or when suspected of having had an abortion.

We appreciate the emphasis in the Agenda on the empowerment of women and girls and underline that this is key to the fulfillment of their sexual and reproductive health and rights. Respecting women’s autonomy, integrity and their capacity to make informed decisions about their health involves women’s equal rights in deciding freely and responsibly on the number and spacing of their children and to have access to the information, education and means to enable them to exercise these rights. Women should be able to exercise these rights with respect for their privacy and confidentiality. States have an obligation to take concrete measures to address barriers faced by adolescent girls in particular, such as harmful gender stereotypes, discriminatory attitudes and censorship, in accessing comprehensive and evidence-based information on sexuality and reproduction. This should include timely information and education on responsible sexual behavior, prevention of early and unwanted pregnancies and sexually transmitted infections, including HIV/AIDS. Adolescents need services that respond to their specific sexual and reproductive health needs, ensure that they continue and complete their education, and address the stigmatization and added health risks of early marriage to which they might be exposed.

Additionally, women human rights defenders should receive protection against gender-specific threats and violence they may face due to their work on sexual and reproductive health and rights and their challenging of deep-seated patriarchal structures and societal gender norms. They should also be empowered, through safe, enabling and supporting environments to hold States accountable to their human rights obligations and commitments under this Agenda. This must include meaningful participation in discussions on the accountability framework, as well as in the implementation and monitoring, of the Agenda.

We call on all States across all regions, in implementing this historic Agenda, to seize this unique opportunity to renew their commitments and ensure the full respect, protection and fulfillment of women’s sexual and reproductive health and rights.

See the press release http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=16491&LangID=E

ENDS

(*) The UN experts: Mr. Dainius Puras, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Mr. Michel Forst, Special Rapporteur on the situation of human rights defenders, Ms. Dubravka Šimonovic, Special Rapporteur on violence against Women, its Causes and Consequences, Ms. Eleonora Zielinska, Chairperson of the Working Group on discrimination against women in law and in practice; ACHPR experts: Ms. Reine Alapini-Gansou, Special Rapporteur on Human Rights Defenders in Africa, Ms. Soyata Maiga, Special Rapporteur on Rights of Women; Inter-American Commission on Human Rights expert:Ms. Tracy Robinson, Rapporteur on the Rights of Women.

The United Nations human rights experts are part of what it is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights, is the general name of the independent fact-finding and monitoring mechanisms of the Human Rights Council that address either specific country situations or thematic issues in all parts of the world. Learn more: http://www.ohchr.org/EN/HRBodies/SP/Pages/Welcomepage.aspx

A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence. Learn more:www.iachr.org

The African Commission on Human and Peoples’ Rights was established by the African Charter on Human and Peoples’ Rights. The Commission consists of 11 members elected by the AU Assembly from experts nominated by the state parties to the Charter. The Commission created subsidiary mechanisms such as special rapporteurs, committees, and working groups to achieve its objectives of promoting and protecting human rights on the continent. The Special Rapporteur on Human Rights Defenders was established by the African Commission on Human and Peoples’ Rights with the adoption of Resolution 69 at the 35th Ordinary Session held in Banjul, The Gambia from 21st May to 4th June 2004. Learn More: http://www.achpr.org/

For further information and media requests, please contact:
UN experts: Ms. Hannah Wu (+41 22 917 91 52 / hwu@ohchr.org)
IACHR: Ms. María Isabel Rivero (+202 370 9001 / MRivero@oas.org)

UN Human Rights, follow us on social media:
Facebook: https://www.facebook.com/unitednationshumanrights 
Twitter: http://twitter.com/UNrightswire
Google+ gplus.to/unitednationshumanrights 
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Check the Universal Human Rights Index: http://uhri.ohchr.org/en

___________

Technical guidance on the application of a human rights-based approach to the implementation of policies and programmes to reduce preventable maternal morbidity and mortality, (2 July 2012), A/HRC/21/22.

The Committee on the Elimination of Discrimination against Women, in its Statement on the ICPD Beyond 2014 Process of February 2014, called on States parties to remove punitive measures for women who undergo abortion.

See in particular, African Commission on Human and Peoples’ Rights, General Comments on Article 14 (1) (d) and (e) of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, 2013.

See also Inter-American Commission on Human Rights (IACHR), Access to Information on Reproductive Health from a Human Rights Perspective, 22 November 2011, OEA Ser.L/V/II.Doc.61, available at: http://www.refworld.org/docid/51ff72434.html[accessed 29 August 2015]

 * * * *

Reposted from: UNOHCHR

CSBR Featured, News from Member Organizations, News on Sexual & Bodily Rights

Let’s Talk About Abortion

25 September 2015

Image from: Asia Safe Abortion Partnership (ASAP)
Image from: Asia Safe Abortion Partnership (ASAP)

By Dr. Tabinda Sarosh | Program Manager, ARROW

We seldom hear the word abortion in conversations people have about their health issues or those of their family. In a global village connected by the Internet, people have access to a lot of health information and we see many people openly talk about their various health problems such as diabetes, hypertension and even invasive procedures such as surgery. In fact having undergone a surgery is often a major life event and is described with much detail and received with sympathetic acknowledgement.

Not so for abortion!

A huge stigma is associated with the word abortion even when it’s being used in a third person scenario. No one wants to say the word “abortion”, it is replaced with more acceptable terminologies like “misfortune”, “incident”, “procedure”, etc. Much like vagina, another word solely associated with a woman’s body is perceived to be a shameful word and heavily stigmatized. So we use other more “acceptable” words that do not offend the sensibilities of people. When I searched the Internet I found a large assortment of words from “twinkie” to “minnie” to “mi-mi”. But that is a discussion for another blog post.

Imagine, if only speaking out the word abortion carries such stigma what would be the stigma of actually having an abortion, particularly an induced abortion? Women have paid for abortion by suffering lifelong social boycotts, isolation, ostracization, humiliation, patronizing attitudes as well as forced marriages, physical violence and diminished socio economic options. This is in stark contrast to treatment meted out to those who have waged, financed and endorsed wars and conflicts that have resulted in tremendous pain, devastation, misery and loss of human lives at a global scale. No stigma seems to be attached to these actions that have caused so many “extra-uterine” deaths.

Sea Change, an organization working on transforming the culture of reproductive stigma, defines abortion stigma as, “as a shared understanding that abortion is morally wrong and/or socially unacceptable”. Naturally, the implications of this stigma are multiple in countries where abortion is prohibited by law. According to data compiled by the Asian-Pacific Resource and Research Centre for Women (ARROW), out of 22 countries examined only 4 have legal provisions for abortion on all grounds. However, this does not prevent women from seeking abortion services, both safe and unsafe. E.g. evidence indicates that often married women resort to abortion as a means of contraception. [1] In Pakistan alone, where the law around abortion is vague, approximately 800,000 women per year were reported to have availed post abortion care services. In reality however, this figure of 800,000 is only the tip of the iceberg as this data was collected from formal health institutions.[2]

Interestingly, in India where the Medical Termination of Pregnancy Act makes it possible for a woman to access and avail abortion services, unsafe abortions still happen frequently. According to a study[3] 12% of women seeking abortion related services do it for complications caused by unsafe abortion. 63% of these women had an abortion performed by an uncertified provider; a significant 28% reported receiving services from certified providers at a lower-level facility.

abortion-stigma-patient-provider
Besides the law and/or availability of services, there are other factors that play a decisive role when it comes to women’s reproductive choices. Among various social determinants of health, in this case abortion, are the social constructions of gender, accepted gender roles and the “moral” burden pinned to abortion. The latter has led to the huge stigma related to decision and act of getting an abortion. When it’s socially mandated to be a “hush hush” affair, women would seek services that are “hush, hush”.

In a community setting women naturally gravitate towards services that do not obligate record keeping, and are situated in clandestine locations. These places may not offer a trained service provider or the optimum medical environment for an invasive procedure. An obvious reason behind this risky behavior is to avoid stigmatization by the community and society by keeping it all under the cover. Predictably enough the entire “moral” burden of abortion is on a woman’s shoulders, which implies that the decision then also should be solely hers.

However, choices are not made in a vacuum. Our choices are deeply connected to our lived realities, our social, economic and emotional experiences and challenges. In a Global South scenario this should be viewed in the backdrop of gender disparity, poor quality of health and reproductive health services available to women, stagnating contraceptive prevalence rates, dismal poverty indicators, the widening divide between the rich and the poor of this world, poor work conditions, conflicts and disasters, internal and external displacements, climate change and much more.

On top of the burden of abortion stigma, a woman also has to bear the burden of silence. The burden of not being able to speak about an experience that in all probability must have been a difficult and stressful one. While the introduction of Misoprostol (medical abortion) has given women a safer choice than procedures done in clandestine settings, talking about it or even seeking information still remains a stigma. As a physician I have had women tell me that obtaining Misoprostol from a pharmacy was no mean feat and it took a lot of courage to actually approach a pharmacist or to request a doctor to prescribe it.

September 28th marks the Global Day of Action for Access to Safe and Legal Abortion. In an ideal world we would not need a day dedicated to assuring people that women have reproductive rights and that it’s safe to talk about abortion. But sadly, we do not live in an ideal world. So, let’s start talking about it, about the difficult decisions women have had to make, decisions that cannot be judged by anyone else, decisions often made due to the stigma related to the morality of a woman pinned to issues such as having a baby without getting married. How ironic is that???

[1] http://arrow.org.my/publication/status-of-sexual-and-reproductive-health-and-rights-in-asia-pacific/

[2] Shirkat Gah Women’s Resource Centre, ICPD + 15 : Investigating Barriers to Achieving Safe Motherhood : A Study in Selected Sites in Rural Sindh and Punjab, 2009

[3] Bhattacharya S et al., Safe abortion-still a neglected scenario: a study of septic abortions in a tertiary hospital of rural India, Online Journal of Health and Allied Sciences, 2010, 9(2):1–4

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Reposted from: ARROW

CSBR Featured, News on Sexual & Bodily Rights, Resources & Tools

Guidebook Aims to Change how the Media Cover LGBT Issues

14 September 2015
By : Ayunda Nurvitasari

Modul Panduan Media Meliput LGBT

When it comes to issues related to homosexuality, or what is now known by its shorthand LGBT (lesbian, gay, bisexual, transgender), the Indonesian mainstream media are still largely behind the times, if not completely inappropriate.

Reports are either judgemental, tinged with religious-bias, or sensationalized. They tend to make fun of LGBT people, portraying the exoticism, or even depicting homosexuals as predators.

This is the reason why the Ardhanary Institute, Hivos-Roses and Jurnal Perempuan issued a guidebook for the media on covering LGBT-related issues. The Modul Panduan Media Meliput LGBT was launched on Sept. 5 in Casakhasa Garden Bistro in Jakarta. This guidebook is aimed at helping journalists, filmmakers, scriptwriters, and other media workers to produce their works with a fair attitude towards LGBT people.

Sri Agustine of the Ardhanary Institute said the media are still prone to labelling, stereotyping, and stigmatizing the LGBT people in their coverage. For example, she said, if a crime case has an LGBT person as a suspect, although the crime itself has nothing to do with sexual orientation, the news tends to emphasize on the person’s homosexuality and gender expression rather than the case itself.

The guidebook addresses this tendency to fixate on the Sexual Orientation, Gender Identity, Expressions, and Bodies (SOGIEB) that is irrelevant to the issue.

Page 35 of the book says: “It’s wrong to imply or allow other people to have an impression that there’s a relation between sexual/gender identity and criminal activity. Both heterosexuals and LGBT people may commit crimes, but to leave an impression that LGBT people are doing criminal activity because they are LGBT is a form of defamation.”

The claim that LGBT people are sexual predators or violent is neither entirely wrong nor entirely correct because anybody can be that way, but the point is it has nothing to do with sexual orientation and gender identity. Even if it’s relevant, the media coverage should lean on factual evidence rather than baseless assumptions, she said.

During the book launch, Agustine moderated a discussion led by Hartoyo from the LGBT website Suara Kita, Luviana from the Independent Journalist Alliance (AJI), Ade Armando from the Communication Faculty of University of Indonesia, and Gadis Arivia from feminist publication Jurnal Perempuan.

Hartoyo recalled the time when Suara Kita was blocked by the Ministry of Information (Kemeninfo), because it was deemed not educational, though the ministry never explained the basis of this evaluation.

Luviana says the problem with the media’s tendency to link LGBT issue to religion is that it further sharpens the division, pitting LGBT people against the anti-LGBT religious figures.

“It doesn’t always have to be that way,” she said, “the media should look for religious representatives with a fresh perspective about LGBT to lessen discriminations.”

Ade Armando acknowledged the important role religion plays in Indonesia.

“If religions teach that homosexuality is condemned by God – not only ‘haram’ but also dangerous – it will influence people’s initial attitude, “ he said.

“We may learn from (Muslim scholar) Musdah Mulia, to understand that God doesn’t hate LGBT people. God loves LGBT people. It is important to write with sensitivity and really understand the current situation of LGBT people in Indonesia who have been living with discrimination and under oppression,” he added.

By emphasizing on sensationalism, the media cannot have a fair attitude towards LGBT people. Gadis Arivia cited an example of a headline news story on a corruption case that highlights the sexual orientation of the suspect by writing the word “lesbian” in capital letters. She reminded the journalists of the importance of ethics and credibility when producing work of journalism.

“Understand how influential a discourse is in affecting the way people think. It’s best that media and journalists go back to basics: accountability, factuality, and honesty,” she added.

Ade said that improving the media’s portrayal of LGBT people must embrace popular culture, as well, including talkshows, movies, songs, soap operas and many more. All of these involve not only journalists and scriptwriters, but also editors, sponsors, advertisement, and many more – all of which may complicate the process of change.

He suggested educating everyone who works in the media. People in the media need to understand that they have the power to influence public perception, so they must be educated on the issue. They must continue to be criticized so they are aware of the injustice that is in place against LGBT people.

“Of course, it is not easy to clear the prejudice, stigma, and stereotype about LGBT people, but I believe that it’s not impossible. It takes time to make people sympathize and empathize, until finally enlightened that we are all equal. But it’s not impossible,” he added.

Reposted from: Magdalene

* * *

For more details, the Table of Contents, and ordering information see Jurnal Perempuan’s Newsletter.

 

CSBR Featured, News on Sexual & Bodily Rights

Project Dhee by Boys of Bangladesh opens conversations on female sexuality using comics

7 September 2015
by: Syeda Samira Sadeque

BoB-ProjectDhee

Boys of Bangladesh (BoB), a support organisation for the gay community in Bangladesh, has launched the first-ever Bangladeshi lesbian comic character “Dhee”.

The character of Dhee has been developed as an advocacy tool for a broader project – Project Dhee, which aims to take forward the movement to establish and preserve rights of the Lesbian Gay Bisexual Transgender (LGBT) community in Bangladesh, according to BoB.

BoB says there is a reason they chose to share the story through a female character: the LGBT movement has so far been male-dominated, and they wanted to bring a change in that. They further wanted to destigmatise the discussion of female sexuality in our society.

Dhee, which in Bengali means intellect, knowledge, wisdom, uses the story of a girl’s longings to address the silence and stigma of gender and sexuality in our society. It was launched through a theatrical performance with songs, dances and monologues – which included narratives about the stigma around menstruation, the female body, and about the gendered roles assigned in our society.

The stories are told in comic strips that are portrayed flashcards, and will be used to conduct 15 countrywide campaigns to spread information about gender and sexuality.

Activists and artists of various backgrounds were present at the event held at the British Council on Saturday.

Calling for LGBT rights to be acknowledged, Nijera Kori coordinator Khushi Kabir said: “We don’t want to be stuck inside boxes anymore. We want our mind to be free.”

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Reposted from: Dhaka Times

CSBR CSBR Activities, News from Member Organizations, News on Sexual & Bodily Rights

Teenage Pregnancy Has Turned Into A Serious Problem – Do We Even Care?

25 August 2015

TEENAGE pregnancy is a growing issue not just in Malaysia, but across the globe. Everyday, the number of teenage girls who become pregnant are steadily increasing, and usually these pregnancies are closely associated with a host of social and economic woes that may affect the teenagers.

According to the Ministry of Health, some 16,528 teenage pregnancies were recorded in 2014 based on the number of adolescents that registered at government clinics. Surprising or not, this is equivalent to 50 cases of teen pregnancies per day (with three-quarters involving married teenagers). Out of the thousands of teenagers in our country who are pregnant, 85 percent of them are planned, while the rest are unplanned, statistics reveal.

For unplanned teenage pregnancies, gathered research show that oftentimes, it occurs with lack of comprehensive sex education, which leads to unprotected and unwanted sex. Other common factors include poverty, family surrounding, chaotic lifestyle, weak parental monitoring and academic failure.

Most teenagers also fail to see the dangers and complications of having a baby at a young age, and are simply unaware of the responsibilities of becoming parents. Unfortunately for the teenagers who choose to raise their child, the scenario always seem to lead to sole motherhood, with the absentee of the father who chooses to flee away from responsibility, leaving them unmarried. As for the children of teenage parents, they often fall victim to abuse and neglect.

With that being said, what are the future prospects of these teenagers if they become pregnant and give birth while they are still in the stage of developing themselves? How are they able to cope with studies and complete high school? This is why prevention efforts must be constantly renewed and reinvented. We asked some advocates exactly what needs to be done.

Comprehensive Sex Education Is A Must

Over the years, studies have shown that abstinence-only sex education does not appear to be effective. In view of this, we need to dispel the misconception and the opposition towards the use of contraceptives. This can be achieved through comprehensive sex education, which not only stresses on abstinence but also provides information about contraceptives, and the outcomes have proven to be effective.

Lalitha Menon is the President of Women’s Centre for Change (WCC)
Lalitha Menon is the President of Women’s Centre for Change (WCC)

Women’s Centre for Change (WCC) President, Lalitha Menon (pic), in an interview with Malaysian Digest, said teenage pregnancy in Malaysia is indeed a growing issue and there are various interrelated factors that lead to this problem. She absolutely agrees that comprehensive sex education is the way forward.

“There is no denying that sexual activity among teenagers is prevalent in the country, and the Government is doing nothing concrete about teenage pregnancies in the country. There has been a long-standing debate over the implementation of sex education in Malaysia.

“Sex education should have been implemented a long time ago, given the fact that teenagers nowadays are bombarded with so many uncensored information and content online. This would indirectly lead to uncontrolled communication with the opposite sex.

“The more unprotected intercourse a teenager has, the more likely teenage pregnancy will prevail,” she observed.

Lalitha highlights that it is essential for girls and women especially to have good sex education, to understand their bodies better, for better family planning, and points that parents too, have a role to play in educating their children when it comes to having sex.

“With good sex education, adolescents will acknowledge the consequences of having free sex as well as learn to practice safe sex. Besides, [sex education] can also help give them proper knowledge, understand their responsibilities and be respectful towards peers of the opposite sex.

“On the other hand, parental role is of utmost importance. Whether or not Asian parents are open enough to share their sexual knowledge with their children is no longer the issue. It has come to the stage where parents should properly guide their children. They must communicate with them about sex even though it may be embarrassing or difficult for them to do so,” she said.

Without comprehensive sex education to guide the youths, she added: “Teenagers will not have proper knowledge about sex which leads to unwanted pregnancies and eventually cause a wide range of interrelated social problems.”

Echoing the opinions of WCC’s President, Communication Officer of Sisters in Islam (SIS) Aliah Ali told Malaysian Digest that aside from lack of proper sex education, the increase in teenage pregnancies are a result of various contributing factors, which include social surroundings and poor law enforcement.

“To deal with teenage pregnancies in the country, SIS is working indirectly with our partners Asian-Pacific Resource & Research Centre for Women (ARROW), Coalition for Sexual and Bodily Rights (CSBR) and Reproductive Rights Advocacy Alliance Malaysia (RRAM), discussing and promoting contraceptives from an Islamic perspective, improving access to healthcare and working towards ending child marriages,” Aliah shared.

She further added, “The lack of proper enforcement of the law – which allows for teenagers to marry, coupled with the lack of proper sex education and access to contraceptives result in the growing number of teenage pregnancies.”

“Why were these teens even given permission to marry by the courts when their main concern as teenagers should be to complete high school and ace exams?,” a worried Aliah posed the question.

When asked if implementing comprehensive sex education is a timely move in our national education system, Aliah said, “Comprehensive sex education is long overdue in Malaysia. One way to empower girls and women is to inform and educate them about their Sexual and Reproductive Health Rights (SRHR).

Yu Ren Chung is the Advocacy Manager of Women's Aid Organisation (WAO)
Yu Ren Chung is the Advocacy Manager of Women’s Aid Organisation (WAO)

“Through SRHR awareness, both girls and boys will be able to make informed decisions before engaging in sexual relations. How would we even begin to curb the growth of teenage pregnancy if we are not even allowed to discuss the issue in schools?” she further questioned.

Likewise, Advocacy Manager of Women’s Aid Organisation (WAO) Yu Ren Chung (pic) tells Malaysian Digest, unwanted pregnancies can be prevented through ensuring women and teenagers have access to comprehensive sex education and contraceptives.

“Age appropriate sex education is effective–it has been shown to delay sexual activity among teenagers and increase safe sex when they choose to have sex. There is no evidence that sex education increases sexual activity,” he observed.

To reduce teenage pregnancies in the country, Yu said: “Access to contraceptives must be enhanced in Malaysia. The contraceptive prevalence rate in Malaysia is low — around 50 percent — and it hasn’t increased much since 1984.”

Pregnant At 14: A Victim Shares Her Story

To further understand teenage pregnancy from a first-hand account, Malaysian Digest reached out to a victim who opened up about her experience. Elisa (not her real name) reflected on the circumstances that led to her pregnancy and shared how the experience has affected and changed her life.

“Growing without a mother during my teenage years was daunting in many ways. My parents ended their marriage when I was just nine years old. My mother had since left my father and I, and moved to Pontian, Johor with my two younger siblings. Since then, I stayed with my father here, in Ayer Tawar, Perak, until this very day.

“At 14, due to transportation issues, I moved to a new secondary school which was closer to my house. I made lots of new friends, and I was very happy there. That was when I knew this guy, Issac, and he was my first boyfriend,” recalled the now 26-year-old.

“He was a caring and kind-hearted guy. But blame it on my immaturity, I lost my virginity to him as we started having sex, or to be more precise – unprotected sex. We met each other almost every day and we were almost inseparable. After seven months of us being together, I began to feel really weird,” Elisa recollected.

Recounting her unpleasant experience, she said: “My attendance at school got worse and I was sent to school counsellors every Monday. In those times, I became really depressed. Yet, I felt that those counselling sessions didn’t help [my attendance] in any way.”

“Aware of my condition, both mentally and physically, my cousin came to visit me one day and took me to a government clinic nearby and persuaded me to go for a medical check-up. After the check-up, the doctor told me that I was pregnant,” she said, adding that her first reaction was, “Oh my God” and couldn’t help but cry.

“I excused myself from going to classes and eventually dropped out of school. To be frank, I wasn’t aware of the consequences of having sex at such a young age. I didn’t even know the symptoms of pregnancy. I had no idea I was pregnant for quite a while,” she confessed, teary-eyed.

Elisa further recalled her father’s reaction after hearing the news, saying he was quite hesitant at first but had later decided and persuaded her to get married. Now, Elisa lives happily with her husband with two young daughters, aged 12 and 7 respectively.

Asked how the experiences she encountered have changed her life? She parted with a word of advice to all youths: “Do whatever you should do at your age and don’t go overboard. Think of the consequences before doing anything. Always restrict your desire to do something bad, especially the young generation out there.”

It’s Time To Change Our Perceptions

Like with the case of Elisa, teenagers are always out to experiment with the opposite sex, unaware of the consequences involved. Yet, it is not for us to be the judge of their actions, neither should we turn a blind eye towards this harsh reality, but instead understand why it happens and spread the awareness. 

Aliah reminds the public: “We need to change the social mentality which currently blames teenage girls while ignoring the counterpart to the teenage pregnancy occurring.

“It is counter-productive for us to keep blaming teenage girls for teenage pregnancy without analysing the cause – that is the lack of access to healthcare, contraceptives and the absence of a comprehensive sex education.”

She then added that the Government and society should instead work to provide social and medical support to teenage girls rather than further victimising them.

“Calling teenage pregnancies a social ailment does not do teenage girls justice. Teenage girls who end up being pregnant are as much victims or better yet survivors of a system that failed to educate us on our sexual and reproductive health rights,” she concludes.

In view of this, unwanted teenage pregnancy ought to be viewed as a major issue that society should openly embrace and not be so quick to judge, for it is certainly a difficult challenge going through pregnancy as a teenager.

 

Reposted from: Malaysian Digest