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Subject: Queer Planet Quarterly, November 1992
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/** headlines: 507.0 **/
** Topic: Queer Planet Quarterly **
** Written  5:50 pm  Nov 18, 1992 by ggundrey in cdp:headlines **
/* Written 11:26 pm  Nov 14, 1992 by queerplanet in igc:queerplanet */
/* ---------- "Queer Planet Quarterly" ---------- */

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

What on earth is Queer Planet?

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

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

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

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

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

Queer Planet

1046 Florida St.

San Francisco, CA 94110

USA

or telephone us at: 415.826.5424

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

Queer = Transgender, Lesbian, Bisexual or Gay

Queer Rights are Human Rights

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

Queer Rights are Human Rights

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

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

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

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

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

United Nations

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

Part 1. Background

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

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

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

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

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

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

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

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

                       *  *  *

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

"What rights are proclaimed in the Universal Declaration?

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

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

* life, liberty and security of person

* freedom from slavery and servitude

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

* recognition as a person before the law

* equal protection of the law

* an effective judicial remedy for violations of human rights

* freedom from arbitrary arrest, detention or exile

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

* the presumption of innocence until guilt has been proved

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

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

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

* a nationality

* contract a marriage and found a family

* own property

* freedom of thought, conscience and religion

* freedom of opinion and expression

* freedom of peaceful assembly and association

* participation in the government of one's country

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

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

* social security

* work and free choice of employment

* equal pay for equal work

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

* form and join trade unions

* rest and leisure

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

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

* protection of motherhood and childhood

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

* participation in the cultural life of one's community

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

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

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

                       *  *  *

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

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

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

                       *  *  *

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

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

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

                       *  *  *

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

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

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

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

                       *  *  *

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

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

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

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

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

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

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

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

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

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

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

                       *  *  *

Part 2.  Queer Access to the United Nations

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

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

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

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

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

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

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

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

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

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

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

                       *  *  *

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

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

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

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

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

Right to freedom of opinion and expression

25 August 1992

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

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

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

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

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

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

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

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

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

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

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

Thank you. (6.5)

                       *  *  *

September 16, 1992 - United Nations Centre for Human Rights at
Geneva acknowledges receipt of Queer Planet letter of August 21,
1992.

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

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

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

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



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

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

NOTES

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

        (1.vii) Page: vii

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

        (2.4) Pages: 4 to 5

        (2.5) Pages: 5 to 7

        (2.7) Page : 7

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

        (3.4) Page: 4

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

        (4.1) Page: 1

        (4.2) Page: 2

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

        (5.23) Page: 23

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

        (6.1) Pages: 1 to 2

        (6.5) Pages: 5 to 7

RESOURCES

General information about the United Nations:

United Nations

New York, New York 10017

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

Human Rights Committee

c/o Centre for Human Rights

United Nations Office at Geneva

1211 Geneva 10, Switzerland

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

E-Mail News

News items gathered from the queerplanet conference on PeaceNet.

Tasmanian sex laws to be challenged

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

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

Report form the Melbourne Age, September 15, 1992

UN TO RULE ON SEX LAWS IN TASMANIA

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

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

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

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

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

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

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

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

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

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

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

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

-- John Collier

Who to write or contact

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

More on Tasmania

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

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

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

Amnesty Investigates Mexican Murders

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

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

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

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

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

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

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

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

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

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

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

Therefore:

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

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

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

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

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

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

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

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

Sample Letter

Presidente Carlos Salinas De Gortari

Residencia Oficial De Los Pios

Col. San Miguel Chapultepec

11850 Mexico D. F.

Mexico

Dear Mr. President,

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

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

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

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

Columbia Kills Queers

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

May-October 1992

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

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

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

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

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

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

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

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

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

on their victims' bodies.

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

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

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

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

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

DEATH SQUADS IN COLOMBIA

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

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

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

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

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

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

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

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

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

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

ramilitary death squads.

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

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

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

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

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

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

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

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

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

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

Sample Letter

Doctor Csar Gaviria

President of Colombia,

Palacia de Narino,

Bogota D. E. Colombia

October 4, 1992

Dear Mr. President,

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

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

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

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



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

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

Subscription Information

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of sexual minorities and to eliminate discrimination against
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This newsletter is available on-line at no cost, on our e-mail
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c 1992 Queer Planet

*******************************
** End of text from cdp:headlines **