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: