BANGLADESH: Mixed messages on sex work undermine HIV prevention

Crossposted from IRIN ASIA

 

Photo: Jessica Mudditt/IRIN

Sex worker in Bangladesh: “I don’t want to live this life anymore”

DHAKA, 12 October 2010 (IRIN) – Civil society is preparing to challenge a recent government decision in Bangladesh to exclude “prostitution” as a profession on new voter cards on the grounds it effectively blocks sex workers’ access to HIV prevention and life-saving health care.

On 17 August the Bangladesh Election Commission (BEC) announced “prostitution” would be recognized for the first time as a profession on new voter ID cards. But pressure from conservative religious groups led the BEC to reverse its decision, according to Shahnaz Begum, president of Sex Workers Network (SWN), a local NGO that works in half of the nation’s 64 districts.

Election commissioner Sohul Hossain told IRIN the term “sex worker” was omitted in order to prevent commercial sex work, in line with Article 18(2) of Bangladesh’s constitution, which states that “gambling and prostitution” should be “discouraged”.

But activists are seizing upon Article 40 of the constitution, which gives citizens the right to “enter upon any lawful profession or occupation”, arguing that women, therefore, can choose sex work as a profession.

This decision is “ripe for a public interest challenge”, said Khaled Chowdhury, a lawyer at the Supreme Court. “Sex work is not illegal, but as moral and social issues are involved, it is not encouraged. The decision of the EC [Electoral Commission] may have an impact [on the acceptance of sex workers], as voter ID cards are now essential in many aspects of a citizen’s life.”

ID cards are necessary to open a bank account, apply for a passport, and to register property. While not required for health services, almost all other government forms require an ID card as proof of identity.

Limited legality

When the government tried to shut down two large brothels in Dhaka, the capital, a decade ago, 100 sex workers fought back – and won. As a result, sex work is now legal for women over 18, pimps and brothel owners.

But the ruling offers sex workers little protection, as police still frequently harass them, which, according to Begum, can lead to unsafe sex practices. “Clients are often taken to a dark alley and the sex workers have to rush because they are on the lookout for police. If sex work was properly recognized they could take the time to convince their clients to use a condom.”

To make matters worse, a sex worker in Dhaka who gave her name and age as Tania, 28, said police often demand half her average daily earnings of US$7. And without police protection, she has little recourse when clients are abusive. “Yesterday a client gagged and beat me. I don’t want to live this life any more.”

Health care

The government has offered no-cost health care to sex workers at designated clinics around the country since 1978, but the Health Ministry reports that only 2,000 sex workers used these services in 2009 (0.5 percent of the 400,000 sex workers the NGO SWN estimates are working nationwide).

Begum said the government’s mixed messages about sex work are hurting the fight against HIV because sex workers who seek medical treatment are often turned away on the grounds they are “bad women”.

A consistent government stance on sex work would help prevent such discrimination, she added. “The legal framework for sex workers exists, but it is not implemented. The mixed public health messages from the government and Election Commission are undoubtedly harmful for reducing the spread of HIV.”

NGO clinics

There are dozens of NGO-run drop-in centres nationwide that provide free HIV counselling, condoms and medicines, and a referral system for HIV testing to sex workers and their clients. IRIN spoke to 10 sex workers: All said they preferred to visit NGO clinics due to the conservative attitudes of public health staff.

In 2007, 67 percent of sex workers reported using a condom with their most recent client, according to the UN General Assembly Special Session (UNGASS) 2008 Progress Report.

According to the Joint UN Programme on HIV/AIDS (UNAIDS), in 2009 estimated HIV prevalence among Bangladesh’s 160 million people was less than 0.1 percent. The rate for sex workers was about 1 percent, according the Global Fund to Fight AIDS, Tuberculosis and Malaria.

However, the Global Fund warned that a highly mobile population, coupled with poverty and a low level of awareness about HIV, threaten to increase prevalence.

And until the law can protect sex workers and guarantee their access to health care, civil society leaders taking their case to court say that Bangladesh’s status as a low HIV prevalence country may change.

“HIV is not spreading at an alarming rate, but I believe it would decrease further if the government gave [it] full recognition,” said Begum.

Legal protection is one of the issues to be addressed at the first UNAIDS consultation in Asia on sex work and HIV to be held 12-15 October in Pattaya, Thailand.

LGBT Community Calls for the Repeal of Section 377

Forwarded by Rainer Ebert

by Rainer Ebert and Mahmudul Hoque Moni
February 2, 2011

http://www.weeklyblitz.net/1258/lgbt-community-calls-for-the-repeal-of-section-377

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Sam is a university-educated Muslim-born Hindu of 25 years. He is living in Dhaka and works as a university teacher. Six years ago, after graduating from college at the age of 19, he discovered that his sexual orientation deviates from the cultural norm in Bangladesh. Today he is in a romantic relationship with a man. He also has had sexual encounters with women before and describes himself as a bisexual man. Sam and his boyfriend go on trips together, hold hands on the streets of Dhaka and share a bed when staying at each other‟s places. Since male-male friendships are traditionally very intimate in Bangladesh, these practices cast no doubt upon their presumed heterosexual identities. Family and friends consider Sam and his boyfriend to be close friends. “As long as you don‟t come out open to your family, you are safe,” Sam explains. Sam is not his real name. Afraid of the possible social and legal consequences, he agreed to speak only under the condition of anonymity.

Like Sam and his boyfriend, many homosexuals in Bangladesh hide their sexual orientation from their friends and families. “It is easy to live a moderate life with a hidden identity if one is homosexual.” In predominantly Muslim countries, homosexuality is often looked upon as a sin. Accordingly, the consequences of coming out can be severe. Some gay men who inform their families about their sexual orientation are forced into a heterosexual marriage. Other parents consider homosexuality a mental illness and object their gay sons to religious brainwashing or psychiatric treatment. Sam heard of cases in Bangladesh where electric shocks were applied to homosexual men in an effort to “cure” them from their supposed psychiatric condition. He is convinced that, “unless the government, parents and friends understand that a man or woman can be a gay or a lesbian and yet be a very good and devout Muslim, Hindu or Christian, the chances for LGBT (“lesbian, gay, bisexual, transgender‟) rights in Bangladesh are low.” Society in Bangladesh is far from that. Homosexuality among men is seen as a morally deprived Western phenomenon that needs to be fended off. “While the existence of gay sex is at least acknowledged by most people though, lesbian sex does not even exist in the dreams of people in Bangladesh.”

The status of homosexuality as a social and religious taboo is also reflected in the Bangladeshi Criminal Code. Its Section 377, a legacy of British rule, refers to consensual oral and anal sex as “carnal intercourse against the order of nature” and subjects it to punishment up to imprisonment for life. Effectively, this section makes homosexual intercourse illegal in Bangladesh. Interestingly, prosecutions under Section 377 are extremely rare. Section 377, hence, does not impair Bangladesh‟s moderate image in the world and questions about the country‟s human rights record on the issue of homosexuality are avoided in the international arena. Not only in court, but also in mainstream media the issue has largely been ignored. The LGBT community is forced into a shadow existence and its voice is effectively silenced in the public sphere. However, mainly due to new media, times are changing.

Starting out as an online group in 2002, an organization called Boys of Bangladesh (BoB) has become a central forum for gay and bisexual men in Bangladesh. BoB currently has more than 2000 registered members, including school students as well as Ph.D. holders. Their ages range between 16 and more than 50 years. BoB is run by around twenty young men and has increasingly become public in recent years. In November 2010, it conducted the second edition of a festival titled “Under the Rainbow”, in cooperation with the German Goethe-Institut in Dhaka. Under the slogan “accept diversity and end discrimination”, the five-day festival included movie screenings, art exhibitions and musical performances and brought together leading human rights activists from with the country and abroad. Angela Grünert, director of the Goethe-Institut, explains her involvement in the LGBT movement in Bangladesh with the belief that “everyone should have equal rights in the society”, regardless of religion, ethnicity, sex or sexual orientation. BoB organized various other events, mainly in Dhaka, and its representatives attended international conferences on LGBT issues in Nepal and Thailand. The organization further provides homosexuals in Bangladesh with information on health and legal issues on its website at http://boysofbangladesh.org/.

Change on the subcontinent is also happening on the legal front. An Indian court in the country‟s capital, Delhi, decriminalized homosexual intercourse by repealing Section 377 of the Indian Criminal Code in July 2009, saying that treating certain forms of consensual sex between adults as a crime is a violation of fundamental human rights. For Sam, this is a sign of hope. He is convinced that, due to the profound cultural links between India and Bangladesh, the Indian court‟s ruling will spark a public debate on LGBT issues in Bangladesh and encourage the homosexual youth here to fight for their rights. “It is the youth, exposed to international media and increasingly educated, that is empowering the LGBT movement in Bangladesh.”

Some movements in Islam, such as the US-based Al-Fatiha Foundation, accept and consider homosexuality as natural and work towards the acceptance of non-heterosexual love-relationships within the global Muslim community. Progressive Muslim scholars around the world argue that Qur’anic verses on homosexuality are obsolete in the context of modern society and point out that, while the Qur‟an speaks out against homosexual lust, it is silent on homosexual love. However, in Bangladesh, religion remains the single most persistent obstacle for LGBT rights.

The LGBT rights movement in Bangladesh is growing rapidly and the voices for the repeal of Section 377 are becoming louder. The issue is bound to emerge into a public battle over the young nation’s religious and cultural identity, human rights and modernity and will pose a challenge to policymakers, religious authorities and leaders of civil society alike.

Rainer Ebert is a moral philosopher at Rice University in the United States of America. He is specializing in animal ethics and issues of global justice.

Mahmudul Hoque Moni is the founding director of the Centre for Practical Multimedia Studies at the Department of Mass Communication and Journalism at the University of Dhaka. He is interested in human rights issues, social justice, sports media and visual communication.

Bangladesh MSM snapshot released at ICAAP Bali

MSM Country Snapshots for 15 countries was developed as a collaborative product of UNAIDS Regional Support Team, the AIDS Datahub and APCOM.The countries are Bangladesh, Cambodia, China, India, Indonesia, Lao PDR, Malaysia, Mongolia, Myanmar, the Philippines, Papua New Guinea, Singapore, Sri Lanka, Thailand and Vietnam.

Each snapshots portrays the latest  behavioural response data available from the Datahub, with information from the Commission on AIDS , and also included in some key sessions relating to MSM at ICAAP. A one-page Regional Picutre snapshot is also attached to each MSM Country Snapshot.

The Snapshots are designed to inform viewers (particularly those who may have little or no knowledge of MSM) about the reality of MSM in-country, to ensure that they have some related facts and figures, and to help spurn interest in attending specific MSM-related sessions.

The latest epidemiological data, released at the forum held by the Asia Pacific in Bali, shows that epidemics in the region are accelerating at an alarming rate.The risk behaviours among MSM and TG in Asia Pacific combined with the unique social, cultural and economic pressures that influence them create cross-cutting issues that must be taken into account by those seeking to support, educate and advocate for these often neglected communities.

“The vast majority of MSM is Southeast Asia are married or will be married, whether they want to be or not,” said Shale Ahmed of the Bandhu Social Welfare Society, Dhaka, Bangladesh

In addition, a large number of MSM in the region who are sex workers face a double stigma, exacerbated by low access to condoms, drug and alcohol abuse, low levels of education, a high level of mobility and dealing with harassment and violence.

The regional Picture Snapshot

http://msmasia.org/tl_files/news/ICAAP_News/Bangladesh_MSM_Country_Snapshot%20_Aug_2009.pdf

CSBR Bangladesh: A first for the Queer members of Bengali society

Crossposted from CSBR e-news

http://www.wwhr.org/files/CSBR_Enews_Winter_2009.pdf

One Day, One Struggle: Coalition for Sexual and Bodily Rights in Muslim Societies

Parts of the article have been crossposted from ILGHRC website. Get the original articles here

http://www.iglhrc.org/cgi-bin/iowa/article/takeaction/partners/1026.html

http://www.iglhrc.org/cgi-bin/iowa/article/takeaction/partners/1039.html

Hundreds joined forces across the globe to establish a milestone in the struggle for sexual and reproductive rights in Muslim societies
11/20/2009

IGLHRC believes that a vital part of our mission is supporting the work of activist organizations and allies by disseminating important information on human rights issues affecting LGBT communities worldwide. To this end we are reposting the following announcement from one of our partners.

Updates from Bangladesh

On November 9, 2009, a diverse group of nongovernmental organizations, academic institutions and activists across the Middle East, North Africa, and South and Southeast Asia carried out “One Day, One Struggle” events to promote sexual and bodily rights as human rights. Below are some of the campaign updates, including the national launch of a pioneering research on sexuality and rights; a panel and cultural show on what it means to be a hijra (transgender) in Bangladesh, a discussion on the place of sexuality and pleasure in the Koran, and a queer-straight alliance meeting in Pakistan

Bangladesh: Pioneering research is being done on sexuality and rights in Bangladesh

Bangladesh: The Center for Gender, Sexuality and HIV/AIDS (CGSH) at the James P Grant School of Public Health (JPGSPH) of BRAC University shared the findings of a pioneering research project on sexuality and rights in urban Bangladesh.

The Center for Gender, Sexuality and HIV/AIDS (CGSH) at the James P Grant School of Public Health (JPGSPH) of BRAC University shared the findings of a trailblazing research project on sexuality and rights in urban Bangladesh. This exploratory study, the first of its kind, maps the manifold and changing understandings of sexuality, identity and rights among university students, factory workers, and sexual and gender minorities in Dhaka city. Dr. Dina Siddiqi, Sexuality Network Coordinator and Visiting Professor at the CGSH presented research findings on sexuality and rights in Dhaka. Other speakers were Dr. Sabina Faiz Rashid and Dr. Anwar Islam from the James P. Grant School of Public Health, Dr. Hilary Standing from the Realizing Rights Research Consortium, and Dr. Firdous Azim from the BRAC University Department of English and Humanities. A total of approximately 100 participants including journalists from the Bangladesh media, leaders of groups representing people of marginalized sexual orientations, independent researchers, anthropologists, public health professionals and NGO representatives were also present at the panel.

Bangladesh: A First for the Queer Members of Bengali Society

Boys of Bangladesh (BoB) arranged an event titled “Jaago” (Wake-up) with a movie screening followed by an informal public forum targeting the Bangladeshi LGBTT community and its supporters, selected media, other supportive NGOs and the public.

Torch Song Trilogy was screened to a diverse audience and was met with enthusiasm by both queer and straight participants. These two BoB events aimed to increase affirmative awareness and visibility on sexuality, initiate a dialogue around marginalized genders and sexualities, strengthen the bond among the LGBTT community and strengthen the alliance between queer and straight members of Bengali society. One remarkable aspect of these activities was that BoB organized a public event for the first time since its foundation.

Bandhu Social Welfare Organization had a lively discussion on different sexualities and identities as part of the international One Day, One Struggle campaign. In this event, LGBTT community members and their friends shared experiences and ideas about sexuality, identity, norms and freedoms.

Bangladesh: Discussing the place of sexuality and pleasure in the Koran

Naripokkho organized a panel discussion entitled “Sexuality and Our Rights” which was moderated by Naripokkho member English professor Firdous Azim. Tamanna Khan, the president of Naripokkho and Shuchi Karim, a doctoral student at ISS in the Netherlands working on female sexuality in Bangladesh gave short presentations that were followed by an open discussion on the place of sexuality and pleasure in the Koran. Approximately 30 Naripokkho members participated in this event.

Bangladesh: Being hijra (transgender) in Bangladesh

Kotha from Socheton Shilpi Shongho

Rangberong and Shochaton Shilpa Shangha organized a panel followed by a cultural show, both of which addressed specifically the hijra (transgender) community in Bangladesh. The panel hosted the speakers Ivan Ahmed Katha, the transgender president of the Shochetan Shilpa Shangha Association, Roksana Sultana, a journalist from BBC World, Nasrin Akhter Joli, the Deputy Director of the Hunger Project – Bangladesh and Mumtaz Begum, the former president of the Sex Workers’ Association. Police brutality and other problems faced by hijras on a daily basis were the main discussion topics of the panel. The cultural show afterwards included a musical performance specific to the hijra community that documented “why and how they became hijras, how this played havoc with their lives and how it is that they still love men.”

Find More Pics here:

Bangladeshi LGBT NGOs discusses over Section 377A BPC

Submitted by Tanvir Alim ( Moderator of BoB )

Edited by Ashok DEB

2nd July, 2009

Today James P Grant School of Public Health (JPGSPH) of Brac University arranged a group discussion on Section 377 A BPC among prominent Bangladeshi LGBTI NGOs.The day itself is quite eventful as the Delhi High Court of neighbouring state India set a landmark judgement  by decriminalizing Homosexuality. This has raised some obvious hopes among the LGBTI defenders of our nation to seek out possible avenues for a repeal of a similar  Sodomy Law in Bangladesh. Todays meeting had specific proposals and agendas to build up  co-ordination and solidiarity between the groups representing diverse homosexual communities in the country.

But the purview of Section 377 A has a wider scope other than homosexuality. This Sodomy Law of Section 377 A proves to be the only deterrent in absence of any specific legalization against male rape, molestations or child abuse. Prominent Bangladeshi NGOs like Bandhu (BSWS) believes that repealing of Section 377 A will not end the violations against the sexual minorities. Infact the defunct Section 377 A is regularly utilised by the law enforcers and police to harass, torment and illegally detain the MSM and Hizrah community members.Thus educating the sexual minorities about their legal rights, creating awareness among the law enforcing authorities and the judiciary could mitigate the present ongoing persecution against these exposed communities.

At the seminar it was universally decided upon that definate legal action planfor a repeal of 377A should be taken in such a way that does not adversely impact or destroy any homosexual communities. Thus maintaining the coalition of LGBTI welfare NGOS is of utmost importance and priority. It was also marked that creating  media awareness about the existence of the Homosexual communities is more important at this stage compared to the challenging of  Section 377 A. Generally Bangladeshi sexual minorities remain highly closetted to avoid societal discmination or ridiculing. This invisibility has proved to be a major obstacle towards launching any viable rights movement for the sexual minorities. The very lack of visibility is comfortably certified by the Bangladeshi Government as ” Sexual Identity is not at all an issue in our country” (UNHCR June 2009).

Unlike India where the similar Sodomy Law was widely utilised by the Government to harass and convict AIDS prevention activists, the Section 377 A BPC is virtually defunct in Bangladesh. Infact Bangladesh has a very progressive AIDS and STD prevention policy and its advisory board even includes prominent social workers like Saleh Ahmed (Bandhu).  Section 377 A BPC has never been utilised to hamper any activities directed towards prevention of communicable diseases among the Homosexuals. Infact in 40 years of history of the nation there exists only a single case of conviction under 377 A exists (refer Ain O Salish Kendra report 2009).So at this moment sensitization against the defunct 377 A might backfire and we may wake up a sleeping giant.

One of the major recommendations from the discussion was to make combined efforts for media sensitization at local level as well as in the decision-making level. In the summary it was proposed that NGOs should more actively engage in conducting workshops on gender training , where sexuality should be included.This could prove to be an active measure to promote an awareness that Homosexuality is not perverse or unhealthy, but a natural human tendency as endorsed by the modern medical findings.

Bangladesh signs a treaty equating Homosexuality to pedophillia

The United Nations

by Ashok DEB

On December 18, 2008, 66 Countries signed a historic statement presented in the General Assembly that affirmed that international human rights protections include sexual orientation and gender identity, condemning rights abuses against lesbian, gay, bisexual, and transgender people.

On the very same day Syria read out a treaty in response to the  statement previously delivered by Argentina, claiming that there are no legal basis towards non-discrimination of the sexual minorities. This treaty had 57 signatories including Bangladesh, who denounced Homosexuality by equating it to Pedophilia.

In addition this treaty refers to Article 29 of Universal Declaration of Human Rights to enact laws to uphold the puritan morality and and public behavior by denouncing Homosexuality.

The treaty even hints that persecution and discriminatory legalisation against the sexual minorities should not be interferred by the International community as it falls under the Charter of sovereignty of States and priniciples of non intervention.

This is one of the strongest Homophobic statements I have encountered in recent times. I wonder how could Bangladesh which has a progressive AIDS and STD prevention program could become a signatory to this treaty

Response to SOGI Human Rights Statement, read by Syria – 18 Dec 2008

Mr. President,

I have the honor to make the following statement on behalf of Afghanistan, Algeria, Bahrain, Bangladesh, Benin, Brunei Darussalam, Cameroon, Chad, Comoros, Cote D’Ivoire, Democratic People’s Republic of Korea, Djibouti, Egypt, Eritrea, Ethiopia, Fiji, Gambia, Guinea, Indonesia, Iran, Iraq, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan*, Lebanon, Libyan Arab Jamahiriya, Malawi, Malaysia, Maldives, Mali, Mauritania, Morocco, Niger, Nigeria, Oman, Pakistan, Qatar, Rwanda, Saudi Arabia, Senegal, Sierra Leone, St. Lucia, Solomon Islands, Somalia, Sudan, Swaziland, Syria, Tajikistan, Togo, Tunisia, Turkmenistan, Uganda, United Arab Emirates, United Republic of Tanzania, Uzbekistan*, Yemen, and Zimbabwe following the statement previously delivered by Argentina, on behalf of a group of member states on Human Rights and the so-called notions of “sexual orientation” and “gender identity”.

On 10 December 2008, the human rights family celebrated the 60th anniversary of the adoption of the Universal Declaration of Human Rights and once again made an unequivocal commitment to the principles enshrined therein. On that august occasion, we reiterated that all human rights are universal, indivisible, interrelated, interdependent and mutually reinforcing. There was also a universal acknowledgment that in no country or territory can it be claimed that all human rights have been fully realized at all times for all. Member states declared that the full realization of all human rights for all remains a challenge that they shall not shy away from its magnitude.

The principles of non-discrimination and equality are two faces of the same coin. They are indeed cross-cutting principles in the vast areas related to the full realization of all human rights and fundamental freedoms for all. Such principles are well-entrenched in the Charter of the United Nations and internationally-agreed human rights instruments, as they all reaffirm the faith in fundamental human rights, in the dignity and worth of the human person, and in the equal rights of men and women without distinction.

Mr. President, in this context, we are seriously concerned at the attempt to introduce to the United Nations some notions that have no legal foundations in any international human rights instrument. We are even more disturbed at the attempt to focus on certain persons on the grounds of their sexual interests and behaviors, while ignoring that intolerance and discrimination regrettably exist in various parts of the world, be it on the basis of color, race, gender, or religion to mention only a few.

Our alarm does not merely stem from concern about the lack of legal grounds, or that the said statement delves into matters which fall essentially within the domestic jurisdiction of States counter to the commitment in the United Nations Charter to respect the sovereignty of States and the principle of non-intervention. More importantly, it arises owing to the ominous usage of those two notions. The notion of orientation spans a wide range of personal choices that expand way beyond the individual’s sexual interest in copulatory behavior with normal consenting adult human beings, thereby ushering in the social normalization and possibly the legitimization of many deplorable acts including pedophilia. The second is often suggested to attribute particular sexual interests or behaviors to genetic factors, a matter that has been scientifically rebuffed repeatedly.

Mr. President, we affirm that those two notions are not and should not be linked to existing international human rights instruments. We believe that people are not inherently vulnerable but some individuals are made vulnerable due to the socio-economic setting that they live in. It follows that vulnerable individuals and groups are those women, children, elderly, peoples under foreign occupation, refugees, asylum-seekers and internally displaced persons, migrants, persons deprived of their liberty, and persons belonging to national or ethnic, religious and linguistic minorities, who become vulnerable as a result inter alia of intolerance and discrimination against them.

We strongly deplore all forms of stereotyping, exclusion, stigmatization, prejudice, intolerance, discrimination and violence directed against peoples, communities and individuals on any ground whatsoever, wherever†they occur.

We also reaffirm Article 29 of the Universal Declaration of Human Rights and the right of Member States to enact laws that meet “just requirements of morality, public order, and the general welfare in a democratic society”.

We recognize that the enumerated rights contained in the Universal Declaration of Human Rights were codified in subsequent international legal instruments. We note with concern the attempts to create “new rights” or “new standards” by misinterpreting the Universal Declaration and international treaties to include such notions that were never articulated nor agreed by the general membership. These attempts undermine not only the intent of the drafters and the signatories to these human rights instruments, but also seriously jeopardize the entire international human rights framework.

We call upon all Member States to continue and step-up their efforts towards the total elimination of all forms of racism, racial discrimination, xenophobia and related intolerance.

We also call upon all Member States to refrain from attempting to give priority to the rights of certain individuals, which could result in a positive discrimination on the expense of others’ rights and thus run in contradiction with the principles of non-discrimination and equality.

Mr. President, we urge all Member States, the United Nations system, and non-governmental organizations to continue to devote special attention and resources to protect the family as “the natural and fundamental group unit of society” in accordance with article 16 of the Universal Declaration of Human Rights.

To conclude, Mr. President, we also urge all States and relevant international human rights mechanisms to intensify their efforts to consolidate the commitment to the promotion and protection of human rights of everyone on an equal footing without exception.

I would like to mention something that Uzbekistan and Kyrgyzstan are not in the list. Thank you, Mr. President.

Zee News:Bangladeshi jurist hails Delhi HC judgement on homosexuality

Dr. Kamal Hussein

Crossposted from: http://www.zeenews.com/news546550.html

Updated on Sunday, July 12, 2009, 22:10 IST

New Delhi, July 12: A Bangladeshi jurist on Sunday hailed the path-breaking judgement of Delhi High Court legalising gay sex among the consenting adults saying that the verdict showed judicial courage and creativity.

“The High Court judgement on a petition filed by Naz foundation demonstrated judicial courage and creativity. It also restores fundamental rights of a group of persons and protects them from social taboos,” Kamal Hossain, eminent jurist and former foreign minister of Bangladesh said.

He also said the judgement decriminalising homosexual acts among the adults had drawn international interest.

The Delhi High Court in a landmark judgement on July 02 had legalised homosexual acts among consenting adults holding that the 149-year-old law making it a criminal offence was violative of fundamental rights and not punishable.

Delivering the third VM Tarkunde Memorial Lecture here, Hossain highlighted the role played by the public interest litigations (PILs) in bringing about the social change in both Bangladesh and India.

Despite the criticism that the PILs seems to be moving away from the poor and unprivileged to the middle classes in late 1990s, Supreme Courts of both the countries expanded opportunities for the people by generating jurisprudence, he said.

Hossian, also a former Bangladesh law minister, said the PILs came a long way in removing child labour, expanding right to life and livelihood and protecting women.

Bureau Report

Homosexuality cannot be legalised in Bangladesh: Justice Rabbani

Crossposted from:  http://www.amadershomoy.com/ content/2009/ 07/04/news0392. htm

Justice Golam Rabbani speaking

Justice Rabbani recently commented with a strong reaction against homosexuality, stating that the Penal code cannot be changed and even if it can be changed homosexuality can never be accepted because the Quranic Law has forbidden it.

Incidently he is perceived to be one of the foremost judicial reformers of Bangladesh, who outlawed the issuance of fatwas by Islamic Courts in a landmark High Court Judgement in 2000. This earned him a notorious infamity among the Islamists who promptly declared Justice Golam Rabbani as Nastic Murtad (Digusting Infidel) with subsequent life threatening  attacks on him.

Bandhu(BSWS) Voices against Section 377 A BPC

Submitted by Tanvir Alim

As a part of policy and advocacy initiatives, Bandhu Social Welfare Society BSWS arranged an open discussion titled “Voices against 377 – Regional Experience Sharing of Advocacy” on 7^th July 2009 at the head office of BSWS. Ms. Madhu Mehra from Partners for Law and Development, India made a presentation followed by the open discussion.

BSWS was formed in 1997 to address concerns of human rights abuse and denial of sexual health rights, and provide a rights-based approach to health and social services for one of the most stigmatized and vulnerable populations in Bangladesh, kothis/hijras and their partners. Over the years it has emerged as a national ‘MSM’ non-government organization currently providing social and health services to a broad range of ‘MSM’ in 11 districts.

A core objective of BSWS work with MSM and Hijras is to advocate and provide for an environment where the respect and dignity of all MSM/Hijras, irrespective of their specific gender and/or sexual identity, or the lack thereof, is assured, along with the creation of a supportive social, policy and legal environment to enable MSM to more effectively respond to sexual health rights and basic human rights in our country, along with increasing their    health seeking behaviors.

BoB Workshop on Sexual Diversity and Coalition Building,Feb 2009

 

 

Crossposted from BoB message board after receiving a formal permission from the author.

 

A glimpse from the Coxbazaar Workshop, highlighted in this pic is Joya and Kotha

 

 By Himadri

I am pleased to inform that the Workshop on Sexual Diversity and Coalition Building facilitated by Boys of Bangladesh (BoB) with support from The Norwegian Lesbian, Gay, Bisexual and Transgender Association (LLH) was held successfully on the 6^th and 7^th February, Coxs Bazaar, Bangladesh.

The aims of the workshop were to:

• Identify social and legal obstacles to equal rights for Lesbian, Gay, Bisexual and Transgender (LGBT) people in Bangladesh
• Share experiences and learn from each other
• Build partnership amongst Bangladeshi LGBT groups, communities and supportive bodies
• Find out the effective strategy for LGBT activism in Bangladesh to advance rights and ensure justice
• Strengthen our knowledge in the field of gender and sexual diversity in Bangladeshs context.

This workshop focused on issues related to LGBT rights. There have been much interventions in Bangladesh in the field of sexual health, but very little has been done so far to address the social and legal oppressions faced by the LGBT community. This workshop was an attempt to initiate dialogue and formulate future plans to carry forward the LGBT activism in Bangladesh.

There were 27 participants from 12 different organizations that inlcudes BoB, QB, Shawprova, BRAC James P Grant School of Public Health, Naripokkho, Bandhu Social Welfare Society, Let There Be Light, Femcom, Badhon Hijra Sangha, Socheton Silpi Sangha, Sushtho Jibon and Dustho Shastho Kendra. Arne Haug, First Secretary from the Royal Norwegian Embassy attended the workshop on behalf of Norwegian Govt. and upheld his Govt’s stance on the LGBT issue.

 

This should be noted here that it was the very first time that the LGBT community of Bangladesh was brought under one common platform and issues related to their rights and concerns were discussed. It was a great celebration of gender and sexual diversity that bonds us together.

 

The workshop came up with the following prescriptions:

 

# Everyone strongly felt that to strive for our rights and take forward the activism, LGBT groups need to work together with common goals and aspirations.

# There is a lack of understanding and sensitivity among the LGBT community itself that needs to be addressed with regular interaction and communication among these diverse groups of people.

# We couldn’t reach to any consensus as to how to deal with the legal issues and visibility attached to it.

# The role of media was also extensively discussed with a suggestion to promote LGBT issues through various ways and avenues.

# The necessity to penetrate the civil society, govt bodies and other supportive international organizations was also highlighted.

# We have decided to bring out a publication and a website

# To proceed further with the suggestions, another meeting of the core members from each organization is scheduled for April.

 

The formal report on the workshop will be published and distributed in a short time. In the mean time, BoB is working on it’s first publication and a training on gender and sexual diversity.

___________________________________________________________________________________________________________

Himadri is a 24 year old dynamic LGBTI defender from Bangladesh. Presently he holds the premier position in BoB, a gay rights organization in Dhaka. Himadri is actively involved in the project of uniting a number of LGBTI groups together under a common platform and acquiring the approval status of the newly formed umbrella group from the Ministry of Social welfare.

4th Round of the Universal Periodic Review – February 2009

Report on Bangladesh –

4th Round of the Universal Periodic Review – February 2009

This report is submitted by the Sexual Rights Initiative (a coalition including Mulabi – Latin American Space for Sexualities and Rights; Action Canada for Population and Development and Creating Resources for Empowerment and Action-India[1] and others). It focuses on the socio-political rights of the sexual and gender minority communities of Bangladesh particularly with reference to gay, lesbian, bisexual, transgender, Intersex, Hijra, Kothi and other linguistically unmarked groups.

 

First Section: Background

Introduction

1. Bangladesh was elected a member of the newly formed UN Human Rights Council in 2006[2] and was also a member of UN Human Rights Commission prior to that.
2. Bangladesh as a nation-state has faced difficulties in terms of governance, corruption and severe poverty right from the very day of its independence in 1971. In 1991 the first democratic government was voted into power supplanting the repressive military regimes that ruled the country for about two decades. Yet endemic political instability and difficulties to ameliorate the situation of the country have continued until the present day. Reports of state-sponsored killing of putatively criminal individuals through its various law-enforcing agencies, the rise of Islamic fundamentalism, the oppression of religious and ethnic minorities and the unlawful detention of civilians have been some of the characteristic features of the elected governments. Currently under the ‘caretaker government’[3] massive reforms are being undertaken to facilitate a free and fair election. Yet the reports of state-sponsored extra-judicial killings continue unabated even under this new regime. The caretaker government has also routinely been accused of clamping down on freedom of speech and political assembly.
3. Human rights concerns voiced by the civil society and news media have too often been dismissed by both the elected as well as the current caretaker government as being “anti-state”. It is against the backdrop of these events that the overall human rights scenario and particularly the rights of the people with marginal gender and sexual preferences need to be contextualized.

 

National Legal Framework and Human Rights Institutions

1. The constitution of the people’s republic of Bangladesh categorically guarantees a denizen’s fundamental rights and civil liberties. Different articles in part III of the constitution[4] prohibit discrimination on the grounds of religion, race, sex and caste. There are also clearly delineated principles guaranteeing freedom of expression, personal liberty, freedom of movement and assembly. Yet the complaints about State non-compliance with those principles persist.
2. Despite earnest calls from different human rights activist bodies no elected government has yet formed a human rights commission in accordance with the Paris Principles. In December 2007 an ordinance to create a Human Rights Commission was promulgated by the caretaker government[5]. However the modus operandi of the commission is yet to be settled.

 

            International human rights obligations:

1. Bangladesh[6] has ratified the International Covenants on Civil and Political Rights; the International Covenant on Economic, Social and Cultural Rights; the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; the International Convention on the Elimination of All Forms of Racial Discrimination; the Convention on the Elimination of All Forms of Discrimination against Women; the Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities.
2. However, very few strides have been adopted to inject the spirit of these treaties into the sphere of the domestic laws. Moreover the state also failed to submit its periodic reports on measures taken to materialize human rights. The initial report to the UN Committee on Torture was due in 1999 and to the Committees on ICESR and ICCPR in 2000 and 2001. So far Bangladesh has only managed to report systematically to CEDAW and CRC but implementation of their recommendations has been poor. [7]

 

Recommendations for the First Section:

• To immediately and properly investigate all allegations of state-sponsored extrajudicial, summary and arbitrary killings; sanction those found responsible and create the required mechanisms to prevent such incidents from occurring again.
• To effectively and swiftly implement the ordinance creating a Human Rights Commission in accordance with the Paris Principles, and to institutionalize a culture of zero tolerance for violation of human rights.
• To ensure the rights of women, religious and ethnic minorities, children and other groups subjected to human rights violations in no time
• To revamp the national laws in line with the spirit of the international human rights conventions to which the state is signatory.
• To report in a timely fashion to the Committees overseeing compliance with the Treaties ratified by Bangladesh, and to take all necessary steps to implement their recommendations.

 

Second Section: Gender and sexual diversity in Bangladesh

 

1. There is a culture of collective denial of the existence of same sex sexualities in Bangladesh a fact perhaps attributable to the dominance of Islamic religious sentiments. Given that, there is a lack of public debate about same sex sexualities in the context of Bangladesh. More importantly same sex sexualities are often dismissed as ‘western’.
2. Traditionally there have been two culturally visible and publicly institutionalized nonnormative gender/sexual subcultures in Bangladesh. One of these is known as the Hijra[8]. Hijra community is comprised of ‘males’ mostly from lower classes who desire putatively ‘macho’ males and often identify as ‘female’ or ‘non-man’. Hijra is a ritually bounded community with strong devotion to both Hindu and Muslim-identified practices. Many Hijras in Bangladesh undergo emasculation or castration. Alongside the Hijra there is also a subculture of putatively ‘effeminate’ males who self-identify as Kothi. Kothis also desire ‘masculine’ males and often identify as ‘females’ or ‘non-man’. While those who join the Hijra generally live as Hijra throughout their lives Kothis subvert masculine gender in marked social spaces like parks and gardens and later vanish into the mainstream society as ‘normal’ males. Kothis are also generally non-emasculated. However one commonality that binds the Hijra and Kothi is their renunciation of socially imposed masculinity. There is in fact a great degree of inter-community migration between these two groups a fact that makes any neat distinction difficult. Alongside the Hijra and Kothi there has also been a proliferation of seemingly ‘western-fabricated’ identity categories like lesbian, gay, bisexual and transgender from 2000 onwards mostly among the urban middle and upper class. While the Hijra and Kothi are somewhat publicly visible, the LGBT-identified community is still underground. Nevertheless some of these LGBT-identified groups have started to use public spaces in recent times to hold get-togethers and discussion sessions. For example the International Day against Homophobia was celebrated for the first time in a public lounge under the banner of a gay-identified group in 2008.
3. Owning to a strong patriarchy no visible female same sex sexual subculture exists. Even in LGBT-identified groups – most of which are still internet-based -there are very few lesbian-identified members. Nevertheless anecdotal evidence suggests that female same sex sexuality exists in every social class in Bangladesh though only in secrecy.
4. Alongside the Hijra, Kothi and LGBT groups, a wide range of linguistically and culturally unmarked same sex sexual behaviors are also practiced in Bangladeshi society. Many of those practicing same sex sexuality are heterosexually married and do not necessarily identify as bisexual. Marriage being an obligatory social institution, most males and females attracted to same genders enter into the institution of heterosexual marriage and lead dual lives.  

 

           Laws and policies related to same-sex sexuality and gender identity

 

1. As a postcolonial nation-state Bangladesh retains the infamous British anti-sodomy law known as Section 377[9]. The Section 377 of the Penal Code criminalizes sexuality against the ‘order of nature’ a rather ambiguous phrase that can be stretched to penalize even heterosexual anal sex, cunnilingus and fellatio. The punishments for crimes perpetrated under this section include fines and an imprisonment of up to ten years. 
2. Interestingly there has not been any case tried or filed under this section in the history of Bangladesh. Nonetheless ‘377’ is said to have been invoked by the law enforcing agencies to bully Hijra, Kothi and LGBT-identified communities.
3. The national AIDS policy acknowledges the existence of male to male sexual practices[10]. Yet paradoxically homosexuality remains criminalized. There is still no legal framework to protect the rights of people living with HIV/AIDS. The 2005 poverty reduction strategy paper highlights HIV/AIDS and the Government of Bangladesh has prepared a national strategic plan for HIV/AID for the period 2004-2010 but it is yet to be seen as to how it gets translated at the level of implementation. Moreover these documents have bypassed the issues related to LGBT and Hijra and Kothi except for slapdash reference to males having sex with males.
4. There is also no law to penalize ‘male to male’ rape. Rape is still conceptualized within a peno-vaginal framework and is understood to be an exclusively heterosexual phenomenon both culturally and legally[11].

 

1. Recommendations:

• To de-criminalize consensual same sex sexuality between adults by abolishing penal code 377, in accordance with international human rights obligations to which Bangladesh is a signatary (such as the International Covenant on Civil and Political Rights[12]).
• To formulate a separate law if necessary to address the issue of male rape  or to broaden the juridical constituency of extant rape laws to include male to male rape
• To incorporate the issues related to sexual minority community into the national AIDS policy and strategic plans for HIV and AIDS prevention
• To create a legal framework to protect the rights of the people living with HIV and AIDS.

 

Human rights violations against people with non-normative gender and sexual preferences

 

1. Gross violations of rights have often been reported in the forms of abduction, arbitrary arrests, detention, beatings and gang rape by the law enforcing agencies and local thugs. Particularly Hijra, Kothi and other ‘effeminate’ males are often vulnerable to these forms of violence[13].There are also extensive reports of physical and psychological molestation of ‘effeminate’ males in academic institutions and workplaces. Most Hijra and Kothi-identified persons who attended schools cite bullying as one of the preeminent reasons for dropout from state sponsored primary schools. Many are reported to have turned suicidal and experienced acute psychological trauma. Left with no options, many turn to prostitution and drugs[14].
2. There is no legal stance on transsexual surgery in Bangladesh. Nor is there any medical establishment providing for the needs of the transsexual people. The practice of ritual castration popular among the Hijra community involves serious health hazards as they are always surreptitiously performed by ritual cutters in extreme unhygienic conditions. As opposed to the popular belief that castration is forced upon them, Hijras in fact willingly undergo this process.
3. Too often children born as intersex are subjected to non-consensual “corrective surgeries” by the doctors that potentially can damage their sexual and reproductive health and well-being. There is very little awareness of this issue and no group to lobby against such non-consensual surgeries.
4. There are very few organizations in Bangladesh working for the sexual health needs of the Hijra, Kothi and males having sex with males[15]. There is no organization with a physical establishment to cater to the needs of the LGBT community. Nor is there any organization addressing the needs of females having sex with females Due to the difficult environment in which they operate, the few organizations that exist restrict their activities mostly to the promotion of safe sex knowledge and distribution of condoms. Moreover HIV preventions efforts often suffer as law-enforcing agencies threaten and blackmail the Hijra and Kothi-identified outreach workers on the ground of Section 377[16]. Consequently the susceptibility of Hijra, Kothi and males having sex with males to HIV and STD gets compounded and the ability of organizations to serve those communities is restricted. So far no organization has taken any step to lobby for the repeal of Section 377 of Penal Code.

 

1. Recommendations

• To train up and sensitize the law enforcing agencies so that the AIDS/STD-preventive activities do not get interrupted
• To carry out systematic documentation of the abuses suffered by the people with non-normative gender and sexual preferences.
• To introduce medical services in public hospitals for the sexual minority community suffering from HIV and STD
• To ensure the rights of the NGOs working with the marginal communities like the Hijra, Kothi and males having sex with males.
• To introduce provisions for ‘sex reaffirmation/reassignment surgery’ for those (grown up transsexuals) willing to transition and to stop non-consensual sex assignment at birth
• To generate employment opportunities for the Hijra, Kothi and other low-income sexually marginal groups
• To conduct sensitivity-training with teachers, to make schools safe for children and youth with non-normative gender preferences and expressions as a way to ensure that they will be able to exercise their right to education.

 

Social stigmatization and medical abuses against non-normative sexual/gender identities

1. While coverage of homosexuality and transsexual identity in the media is rare some newspaper articles written by eminent educationalists and columnists in the popular national English dailies have demonized non-normative identities as ‘unnatural’ and ‘abnormal’[17].
2. There is also anecdotal evidence that many LGBT-identified persons often receive mistreatments from medical professionals. Though the psychiatric establishment in Bangladesh follows DSM (Diagnostic and statistical manual) of American Psychiatric Association which has removed homosexuality from the list of disease back in 1973, many psychiatrists and psychologists in Bangladesh still  consider homosexuality  as ‘aberrant’ conditions and  provide curative therapies often to the detriment of the mental wellbeing of the LGBT-identified people. Additionally awareness about marginal sexualities and gender identities among the medical professionals in government mental hospitals is very low. Many doctors in these establishments consider homosexuality as ‘psychotic’[18].

 

1. Recommendations:

• To hold dialogues at the regional and national level on issues related to same sex sexualities and transsexual gender identities involving all the stakeholders including  medical professionals, rights activists, academics, journalist, religious leader, government personnel and the sexual minority community.
• To introduce non-normative gender and sexuality issues in the national educational curriculum to dispel prejudices against the lesbian, gay , bisexual, transgender, Hijra, Kothi and other such groups
• To provide special training sessions for the media so that reporting of incidents of human rights violations against gender and sexual minority communities occur on a regular basis.

 

 

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[1] Drafted in collaboration with Adnan Hossain (Adnan Hossain is a PhD candidate in sociology and social anthropology with a focus on gender and sexual diversity in Bangladesh, University of Hull, UK.)

[2]UN press declaration: http://www.un.org/News/Press/docs/2006/ga10459.doc.htm

[3] Caretaker government is an interim government entrusted with the task of conducting a free and fair election. It originated from a lack of general agreement among the competing political parties about maintaining legitimate means of changing government and holding unbiased election. Through the thirteenth amendment of the constitution the provision of caretaker government was formalized

[4] http://aceproject.org/ero-en/regions/asia/BD/Bangladesh%20Constitution%201972.pdf

[5] http://www.thedailystar.net/law/2007/12/03/index.htm

[6] http://www.un.int/bangladesh/gen/treaties.htm

[7] http://www.southasianrights.org/pdf/hr%20commission2008.pdf

[8] For a detailed analysis of the Hijra and Kothi and the rise of LGBT see Hossain, Adnan (fc) 2008 ‘socio-political review of LGBT Issues in Bangladesh’ in Greenwood Encyclopedia of LGBT Issues Worldwide. Greenwood Publisher, USA.

[9] Bangladesh Penal code, 1898, section 377

[10] National policy on HIV/AIDS and STD related Issues: Directorate general of health services, Ministry of Health and family welfare Government of the people’s republic of Bangladesh. 1995, 1996

[11] For instance section 364, 366, 374 of the Penal Code or the Women and Child Repression Act 1995 are based on a   heteronormative understanding of sexuality.

[12] In 1994 the Committee on Civil and Political Rights understood that penalizing consensual same-sex practices between adults constituted discrimination based on sex and thus violated Article 2 of the Covenant (Toonen v/Australia).

[13] See Bondyopadhyay, Aditya and Khan, Shivananda: Against the odds: The impact of legal socio-cultural, legislative and socio-economic impediments to effective HIV/AIDS intervention with males who have sex with males in Bangladesh. Naz Foundation International and Bondu Social Welfare Society.

[14] See Hossain, Adnan, 2005. Hijras: An examination into the context of marginalization. Unpublished MS thesis. North South University, Dhaka, Bangladesh.

[15] Though more than 380 NGOs are said to be working on HIV/AIDS very few of them address the needs of the males having sex with males, Kothi, Hijra and LGBT community. The only organization with a nationwide health program for males with non-normative sexualities is Bondhu social Welfare Society established in 1997.

[16]  See the report ‘Ravaging the vulnerable: Abuses against persons at high risk of HIV infection’ by Human Rights Watch August 2003 Vol. 15 No 6(c) for some documentation on the obstruction of HIV-related works.

[17] See for example  the article called ‘The move to ban gay marriages deserves special appreciation’ published in a popular English daily available at http://www.thedailystar.net/2004/03/05/d40305150192.htm

[18] Email correspondence by Hossain, Adnan with clinical psychologists practicing as interns in government mental hospitals on 11/8/08

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Comments: This report was forwarded by Adnan Hussein, a PHD student of University of Hull,specialising at sexual and gender diversity in Bangladesh.He has actively participated along with Action India in drafting of this report.He has been associated with BoB for many years and has guided the Bangladshi LGBTI movement from its infancy to the present level of responsible visibility and mature policy endorsements.Presently Adnan Hussein is attending the UN Council in Geneva,where the Bangladesh Government is expected to announce its reaction over UPR recommendations.