Transcript Document
SOGI Rights in Bangladesh Constitutional Mandate JAMAKON’S Mandate Key Achievements Challenges Recommendations LGBT rights in Bangladesh are not respected, LGBT people facing discrimination, verbal and physcial abuses, and unique legal and social challenges. Same-sex sexual activity, whether in public or private, is illegal and punishable with fines and up to life imprisonment. Consequently, Bangladesh does not recognize a marriage, civil union or domestic partnership between adults of the same sex. No law exists in Bangladesh to address harassment against the LGBT community. Part II Article 19 – Promises equal opportunity for all citizens. Part III Article 27 - Promises equality before the law for all citizens. Freedom of religion and the press are both promised, but subject to restrictions based on "decency or morality". JAMAKON’S Mandate The National Human Rights Commission of Bangladesh (JAMAKON) is positioned to play a significant role in addressing human rights issues related to sexual orientation and gender identity (SOGI); However it is necessary to understand the legal and social context in Bangladesh, along with relevant laws that hinder or help the furtherance of the national SOGI movement. JAMAKON is mandated to provide the Government recommendations to promote and protect the rights of the child, women and other vulnerable groups. Arguably this encompasses sexual minorities. 1. Build sensitivity and capacity of stakeholders; 2. Roundtable discussion with stakeholders; 3. Plays significant role to establish the rights of sexual minority population 4. International human rights mechanisms 5. Community survey on SOGI issues 6. Involvement in Hijra Pride In 2009 Bangladesh allowed Hijras to vote for the first time. In 2014, JAMAKON drafted the first ever anti-discrimination Act in collaboration with the Law Commission of Bangladesh and submitted to the Government for its enactment. That would prohibit discrimination based on a person’s sexual orientation JAMAKON Strategic plan 2015-2019 includes marginalized and vulnerable population including LGBTI community as a prior issue In 11 November 2013, in a landmark decision, the government of Bangladesh passed laws to recognize Hijras as a third gender, allowing them to identify themselves as a separate gender in passports and other state paper. JAMAKON Chairman Mizanur Rahman has called upon people to come out of the shell and raise voice for the rights of the lesbian, gay, bi-sexual and transgender (LGBT) groups in Bangladesh to ensure their human rights. Speaking at a meeting titled `Human Rights of the Sexual Minorities: Response and Responsibilities’ organised by Bandhu Social Welfare Society (BSWS). “Struggle for equality in terms of human rights issues of sexual minorities is still in its early stages,” he added, when he was addressing at a national level advocacy meeting organized by Bandhu Social Welfare Society (BSWS) in partnership with (JAMACON) For the rights movement of sexual minority population we need miles to go and lots of things to do in order to uphold their rights here in Bangladesh, said, Chairman, (JAMACON). In 2014, due to the intervention of the JAMAKON, Sohel Rana, a victim who was sacked by his employer because of his sexual orientation has got his job back and also monetary compensation. In October 2012, the JAMAKON submitted a report under the UPR process and for the first time added a section on other minority groups. The NHRC report stated:“Excluded groups (including Dalits and transgenders) remain some of the poorest people in Bangladesh and face marginalization and discrimination. In addition the NHRC notes that the Government of Bangladesh did not respect the recommendation with respect to sexual minorities. The NHRC understands the need for the law to be in harmony with the cultural and social mores of the people. Nevertheless, the NHRC believes that it is now time to ensure that all groups, including those who are transgender, intersex or sexual minority, are protected from discrimination.” The community survey was designed to gather important information to increase understanding about community perspectives on access to justice, reporting human rights violations and engagement with the JAMAKON. 100 people from the lesbian, gay, bisexual, transgender and intersex community took part in the survey. The survey was led by peers from Bandhu Social Welfare Society (BSWS). - Harassments by the Police - Insufficient resources - Lack of knowledge and awareness - Legal barrier - Political Challenges - Socio cultural barrier - Religious restriction - Unemployment The perception by the police and by society that men who have sex with men are inherently criminal fuels attacks on their dignity and the denial of their equality before the law . Laws against homosexuality are used by the police to victimize, extort and blackmail gay and bisexual men caught in public areas . Gay men have reported that they were regularly subjected to extortion by both the police and mastans (powerful, criminal thugs); men who engaged in homosexual prostitution said that their clients were also subject to extortion. Many men who have sex with men reported being raped, gang raped and beaten frequently by police and by mastans. The police also sometimes harass, beat, and arrest men engaging in HIV/AIDS outreach work. JAMAKON had no staff of its own until 15 July 2011; until this time JAMKON was staffed by seconders from other government offices. Now JAMAKON has 28 staff with two Division. Out of 28 staff 4 are seconded. There is no indication of a specialized unit/desk for vulnerable populations, sexual orientation and gender identity (SOGI) or HIV. Also the work of the JAMAKON and its units has been impeded by staff shortages and limited funds From Government's stance on SOGI and comprehensive sexual education, it feels like the Government might not have the required level of understanding on these sensitive issues which are very important for a developing country to ensure equality and justice among its citizens. Documenting the human rights violations are crucial to make the human rights situation of LGBT community more visible to the Government Media can also pay a vital role to sensitize government as well as people in the country to move forward from this collective denial Due to section 377 of Penal Code only few are open about their sexual orientation, while most are forced to live a life of secrecy and lies, conformed to bigotry an misguided notions of morality. Section 290 and section 291 of Penal Code 54 of Criminal Procedure Code. “harassment by vigilante groups and the issuance of local fatwas against the LGBT community” No information could be found on civil law or criminal law remedies for discrimination on the of sexual orientation Bangladesh has a law against any kind of intercourse between homosexuals . It criminalizes any intercourse that is seen as going against nature. In 2009 as well as 2013 the Bangladesh parliament has refused to overturn section 377 of penal code. The policy-makers have clearly decided to tread a cautious middle path over this issue. The Government’s stand is crystal clear on this issue that neither the homosexuals will be sentenced to harsh punitive measures like prolonged imprisonment or death penalty nor will the same sex relationships be legalized. •Stigma and Prejudice are major problems for LGBTI people and are rooted in a range of objectives ( either traditional or modern depending on the culture concerned) about sexuality. •LGBTI people faces discrimination, harassment and abuse (verbal, physical and sexual) in the family at school, in the work place in the provision of service ( including health) and in society more broadly ( including in the law and law enforcement). •LGBTI people commonly report dropping one of or being excluded from education and experiencing difficulty in finding keeping and advancing in employment. The documentary evidence that Bangladesh is a Muslim country and that the Quran advocates violent punishment of homosexuality. Bangladesh Islamic groups called nationwide protest against Muhammad Yunus over comments in 2012 supporting gay rights, in the latest attack against the Nobel laureate and micro-loan pioneer. The country's main mosque and an Islamic group with links to the government have launched a campaign against Yunus, whom they say should be prosecuted for supporting homosexuals in this deeply conservative Muslim country. Due to contradiction with religion and sexuality, some people do suffer from internal homophobia/guilt and tend to seek affirmation from religion. Homosexuals encounter discrimination and ostracism; social barriers and stigma result in many homosexuals being unable to obtain employment and reduced to prostitution. Due to discrimination-related inability to find work, Kothis are frequently forced to sex. Their economic status are usually low and common jobs includes Cooks, Dancers and Rickshaw pullers. In Bangladesh, Hijras gained third gender options on government documents in 2013. However, they still are unable to attain driving licenses or receive many benefits from government social programs. In Bangladeshi culture, society often banishes Hijras, resulting in a lack of education and thus limited job opportunities. Needs to address 1. 2. 3. 4. 5. 6. 7. 8. Create civil society sensitization; leading to public education programs for LGBTI community. Coalition and alliance building with the partners of LGBTI groups and civil societies. More community economical empowerment Research on the impact of discrimination and violence suffered on the basis of sexual orientation and gender identity. Media, entertainment industry engagement Direct community engagement with government officials Building institutional capacity and sensitizing JAMAKON staffs: Planning, strategizing and implementing activities designed to utilize the convening and advocacy powers of JAMAKON: