E1644 CONGRESSIONAL RECORD — Extensions of Remarks August 7, 1998 have made America the great democratic na- year we will celebrate the 50th anniversary of In this presentation, I will offer an over- tion that it is and which have made America this historic document. Mr. Speaker, the Dec- view of violations as they per- the great economic power that it is. laration guarantees the protection of human tain to sexual identity and practice and I Furthermore, if you want to experiment with rights for everyone. This most assuredly does will delineate some of the more salient and complicated issues implicit in these experi- these school vouchers, why don't you do it at not mean so long as an individual shares our ences. This information, as well as that in- home? Why must we continue to use the Dis- political views, our religion, the color of our cluded in Regan, Scott and Serkan’s presen- trict of Columbia as our pet laboratory for ev- skin, our , or anything else. tations, is designed to be useful to you as erything we like and don't like back home. The 1993 UN Human Rights Conference in Vi- lawmakers, as human rights supporters and Leave such matters to the people of the Dis- enna stated it unequivocally by demanding: All as concerned citizens. trict. They deserve better than to be told what Human Rights for All! Lest I be too vague, let me first set context to do and that their children are experimental We heard exceptional testimony yesterday. with a range of specific examples (and please note that because I cite specific countries in subjects. The individuals who briefed the Caucus made statements that were head and shoulders these examples it should not be interpreted Defeat this bad idea. to mean that these violations don’t take f above the usual information that we receive at place in many other nation-states): Caucus briefings. These outstanding wit- The following information has been com- INTERNATIONAL HUMAN RIGHTS nesses were Cynthia Rothschild, Co-Chair of piled and documented by Amnesty Inter- VIOLATIONS BASED ON SEXUAL 's Members for national, the International and Lesbian ORIENTATION and Gay Concerns; Scott Long, Advocacy Co- Human Rights Commission, Human Rights ordinator of the International Gay and Lesbian Watch, the International Lesbian and Gay Human Rights Commission; Regan E. Ralph, Association, the Magnus Hirschfield Center HON. TOM LANTOS for Human Rights and countless other local OF CALIFORNIA Executive Director of the Women's Rights Di- organizations. IN THE HOUSE OF REPRESENTATIVES vision, ; and Serkan Some of the more flagrant human rights Altan, a brave young man who was subjected Friday, August 7, 1998 violations, gay, bisexual and to extreme violence in because of his people face include abuses in the following Mr. LANTOS. Mr. Speaker, I would like to sexual orientation and who has now been three general, and sometimes overlapping, call the attention of my colleagues to the glob- granted asylum in the based on categories: (1) rights to physical and mental al persecution of individuals based on their his homosexuality. integrity, (2) freedom of association and ex- sexual orientation. Yesterday, I chaired a brief- Mr. Speaker, these witnesses exposed the pression, (3) discriminatory laws and dis- ing of the Congressional Human Rights Cau- tragic fact that basic human rights are not ap- criminatory application of laws. cus on this alarming situation. Mr. Speaker, I plied everywhere and that they most certainly 1. VIOLATIONS OF RIGHTS TO PHYSICAL AND am especially grateful for the support and the are not accorded to everyone. I ask, Mr. MENTAL INTEGRITY participation of our distinguished colleagues, Speaker, that their statements be placed in A. Execution Codified by Law: Under Is- lamic ‘‘Sharia’’ law, homosexuality is seen Congressman BENJAMIN GILMAN, Congress- the RECORD, and I urge that my colleagues as an offense against divine will and is pun- man BARNEY FRANK, Congressman WILLIAM give considerable attention to their striking re- ishable by death. This is true in nine coun- DELAHUNT, and Congresswoman NANCY marks. tries, including Saudi Arabia, Yemen, Ku- PELOSI. CYNTHIA ROTHSCHILD, CO-CHAIR, AMNESTY wait, Mauritania, and . In the latter I initiated yesterday's Caucus briefing be- INTERNATIONAL MEMBERS FOR LESBIAN AND country, death can be administered by ston- cause of alarming reports about the ongoing GAY CONCERNS ing or by cleaving bodies in two. persecution of individuals based solely on their I am pleased to be with you today in this In Afghanistan, you may recall recent re- sexual orientation. These unacceptable viola- precedent-setting meeting. I’d like to thank ports (carried in ) of tions of human rights have included arbitrary Congressman Lantos and his staff for mak- men convicted of sodomy being placed next to standing walls and buried under rubble as arrests, rape, torture, imprisonment, extortion ing this briefing possible, and I’d like to thank all of you who took time from your the walls were toppled upon them. While in- and even execution. tended as a form of execution, it is of inter- Mr. Speaker, yesterday's briefing was not a busy schedules to be here. I also want to ac- knowledge Serkan, who will share with us est to note that some people were not actu- discussion of our own nation's laws relating to today his personal history as a survivor of ally killed in this process—so having a wall homosexuality, transsexuality, or . I human rights violations targeted because of collapse on a person becomes simply a form have my own well know views on this issue, sexuality. of torture instead of execution. which I have clearly stated a number of times I am particularly glad to be able to con- B. Extrajudicial Execution (deliberate and in the last couple of weeks when the domestic tribute to a discussion about an urgent and unlawful killings by, or with the consent of, often overlooked facet of international the state): In Colombia, death squads—often legal implications of these issues have been consisting of off-duty police—have been considered by the House of Representatives. human rights law and activism—that dealing with human rights violations perpetrated be- known to target areas where gay men con- Other Members clearly have different views, cause of sexual identity and conduct. gregate. As part of social cleansing efforts, and they have clearly stated those. Documentation from around the world con- victims of these death squads are gunned Whatever our views on our own domestic firms that , gay men and transgender down in streets, or forcibly ‘disappeared.’ laws, Mr. Speaker, the Caucus and all Mem- people are killed, raped, assaulted, subjected C. Other Forms of Torture and Cruel, Inhu- bers of Congress should be standing together to the death penalty, imprisoned, beaten, man and Degrading Treatment: In Saudi in decrying the persecution of individuals and forced to undergo medical and psychiatric Arabia, male same-sex sexual behavior can treatment designed to alter our sexuality, be punished by flogging. the denial of human rights for any reason, in- On a different but related note, Amnesty cluding sexual orientation. The purpose of the brutalized by other forms of torture and ar- bitrarily deprived of basic liberties because has noted that lesbians and gay men in the Congressional Human Rights Caucus briefing of our real ‘‘or perceived’’ sexual identity custody of government officials are particu- was to uphold the human rights that have and behavior. larly vulnerable to torture and ill-treated. been categorically denied all over the world to These abuses are often sanctioned by the Consider the following quotation from an this persecuted minority. state through legal decree, tacit acceptance anonymous witness from Peru: If a government denies human rights to one (for instance, the refusal to investigate vio- ‘‘In 1994, in Lima a very violent raid was group, then it is possible for that government lations or to punish perpetrators) or through carried out in the capital where about sev- enty-five lesbian women were beaten up and to deny rights to any other group or every promoting violence by official and unofficial state actors (ranging from police to immi- ill-treated by police. Prostitutes get a very group. Gay, lesbian, bisexual, and gration officials to prison guards). Factors rough time in jail. But the treatment of les- transgendered people in communities all such as gender, culture, race, ethnicity, age bians was even worse. Lesbians were beaten around the world have been brutally punished and geographic location affect the various up because however degrading prostitution both physically and mentally for exercising forms of violations which take place. But no can be [perceived to] be, it is still regarded their fundamental human rights to freedom of region escapes culpability—sexual behavior as normal behaviour, whereas lesbianism is speech, freedom of association, and freedom and identities are criminalized or vilified, al- seen as too threatening to the status quo.’’ of belief. Mr. Speaker, these violations fall beit in different ways, all over the globe. [Amnesty International, ‘‘Breaking the Si- My argument here is quite simple—these lence: Human Rights Violations Based on squarely within the scope of international abuses occur every day, they pose very real Sexual Orientation’’—1997] human rights laws. dangers to many, many people, they’re in And to cite a particularly relevant and re- Nowhere have basic human rights been violation of international law, they disrupt cent example in the United States—most of more comprehensively defined than in the Uni- lives and sometimes take them—and they you will remember the case of Abner versal Declaration of Human Rights, and this must be stopped. Louima, a Haitian man who was attacked by August 7, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1645 New York City policemen while being held in Women and men often have different legal about this set of issues must become more a precinct. During the beating (in which a and de facto access to public space, particu- prominent in human rights and law-making toilet plunger handle was shoved into larly since in many countries women are re- circles. Those working in NGO circles will Louima’s rectum), police allegedly yelled stricted by family and societal discrimina- work alongside you as we all face those who ‘‘faggot’’ as they perpetrated the attack. tion in ways that affect their mobility. This will engage in both vitriolic hyperbole and Other topics which fit into this category of has particular bearing on lesbians’ (and all subtle attacks on dignity and bodily integ- abuses include: women’s) ability to leave the countries in rity. Forced psychiatric treatment to alter ho- which they are being persecuted in order to This, after all, and at its core, is a matter mosexuality; (a) simply escape, and (b) engage in an asy- of principle. As we seek to create a world in Forced medical treatment; lum process. which all people recognize that human rights Rape and other sexual abuse; and Partly because of this difference in access protections are indivisible and afforded to all Arbitrary detention. to public space, gay men are more often tar- people, we must work toward providing pro- 2. VIOLATIONS OF RIGHTS TO FREEDOM OF geted under sodomy or ‘‘public scandal’’ tections and recourse for those most vulner- ASSOCIATION AND EXPRESSION laws—in effect, their sexual expression is able to sexuality-based human rights viola- In : President more ‘‘public’’ and more apt to be scruti- tions. We must argue together that human speaking to the press on July 22nd of this nized by the state in particular ways. Sod- rights violations enacted because of sexual year stated: ‘‘When I was in America some omy laws in some countries (Armenia, Chile, orientation are not acceptable and will not time ago I saw a rally of 300,000 homosexuals! Ghana and India, among other nations, tar- be tolerated. If you have a rally of 20 homosexuals here, I get only male same-sex sexual behavior). would disperse it.’’ While some might argue that this invisibil- SCOTT LONG, ADVOCACY COORDINATOR, THE Abuse of ‘‘public decency’’ and ‘‘public ity ‘‘protects’’ lesbians from persecution INTERNATIONAL GAY AND LESBIAN HUMAN scandal’’ laws: In China, homosexuality per under these laws, in truth, it is clear that RIGHTS COMMISSION se is not criminalized, yet gay men and les- this is far from the case. Women are often Thank you, Mr. Chairman, and members of bians are often arrested under charges of harassed under these and other laws, are sub- the Congressional Human Rights Caucus, for ‘‘hooliganism.’’ jected to rape, sexual abuse and forced preg- inviting us to testify today. In , is used to harass nancy, and ultimately suffer from sexism as I want to begin by telling three anecdotes and imprison gay men and lesbians under well as in any given society. from Romania—because I know them, and ‘‘public scandal’’ charges. (Scott) Sodomy laws differ from culture to cul- the people in them, well. In 1997 two 18 year Other topics which would fit into this cat- ture, and within the U.S., from state to old youths—boys—were picked up by the po- egory of abuses include: state. There are no fixed definitions of sod- lice in Iasi, in Romania for kissing each Persecution of Human Rights Defenders; omy, no standard understandings of what other at night in a park. They were taken to Prohibition of establishment of non-gov- comprises it or who can commit it. ‘‘Sod- a local police station and beaten, nonstop, ernmental organizations (NGOs) that work omy’’ can mean two men in a longstanding for twenty-four hours. Their teeth were on issues of sexual orientation; monogamous relationship having sex in the knocked out; they were knocked uncon- Harassment of NGOs that do that work; privacy of their bedroom, or it can mean par- scious, and they were forced to clean out the and ticular sex acts committed by married het- police toilets and urinals with their bare Abuse of surveillance laws. erosexual people. hands. They are now free, but facing trial 3. DISCRIMINATORY LAWS OR DISCRIMINATORY The last main point: APPLICATION OF LAWS Police, other state agents and government and five years in prison, for so-called ‘‘sexual perversion.’’ In the United States, three states (Kansas, officials often act with impunity—It is too In 1995 Mariana Cetiner, a woman living in Missouri and Arkansas) have sodomy laws often true that the general public as well as a small Romanian town, was arrested for which target only same-sex sexual behav- law enforcement institutions/sites (including asking another woman to have sex with ior—and in other states, facially neutral sod- courts, police precincts, borders) will not her—which is illegal in Romania. The other omy laws are more often enforced for homo- come out publicly in favor of the rights of woman had reported her to the police. Mari- sexual than heterosexual conduct. gay, bisexual and transgender people to be In Austria and the United Kingdom, age of free from harassment and violence. These at- ana was sentenced to three years in prison consent laws are higher for gay men than titudes allow state actors the sense that for this crime. I interviewed Mariana in pris- they are for heterosexual and lesbian cou- they can violate the rights of lesbians, gay on. She had enormous bruises; she had been ples. men, bisexual and transgender people with physically and sexually abused by the Given this broad brushstroke citation of little chance of accountability. This, in turn, guards. The prison doctor told us, ‘‘After all, the range of violations we’re talking about, affects the willingness of gay people to re- she is different from other women. You can I’d like to shift to the next main section of port harassment, physical abuse and other hardly expect the guards to treat her as if this presentation, in which I seek to name violations. Fear of reprisal also inhibits she were normal.’’ some of the more salient and complicated proper reporting. Ultimately, there is the In 1992 a lonely 17-year old placed a theoretical points to keep in mind: risk of a shroud of silence encircling these personals ad in a Romanian newspaper, look- Not everyone we’re talking about is ‘‘gay’’ violations, and the risk of a cycle of abuse as ing for a lover. The ad was answered by a 21- per se. Many people are targets because of a direct result. year old; they met, and they fell in love. real or perceived sexual orientation. First, it In this final section, and in conclusion, I They were both men. They were reported to is important to note that people who engage wish to delineate a few of our shared primary the police as homosexuals by the 17-year in same-sex sexual behavior do not nec- goals as human rights activists and law- old’s sister. They were both arrested and essarily claim the label of ‘‘lesbian’’ or makers with regard to human rights viola- charged with ‘‘sexual relations with persons ‘‘gay,’’ nor can those terms be used to accu- tions and sexual orientation. (Please note of the same sex.’’ They were held in prison rately describe same gender sexual conduct that we’ve drawn up specific recommenda- for three months, pending trial. There they across regions and cultures. The sexual iden- tions which are geared much more to prac- were both raped, repeatedly, by inmates with tities people claim often have little to do tical use by U.S. lawmakers—I encourage the encouragement of the guards. They were with how they are perceived. you to take copies before you leave today). finally freed, partly because of pressure from Distinctions in perceptions, labels and Our work—and by ‘‘our’’ work I specifi- Amnesty International. But the older of the identities open up doors for arbitrary dis- cally mean that of the domestic non-profit two, traumatized by what had happened to crimination based on appearance. This dis- sector along with concerned actors in the him, committed suicide. crimination could, and does, elicit harass- U.S. government—i.e. we on this panel and I am not telling these stories to single out ment and violence by police or you in this audience—our work calls on all Romania as a uniquely repressive place. Far officials. This is true both for women who governments to be aware of and accountable from it: these stories could happen in many appear ‘‘too masculine’’ or men who appear for the violations of human dignity, physical countries around the world; they could even ‘‘too effeminate.’’ A related point here is integrity and fundamental liberties targeted happen in many localities in the United that sometimes it is the behavior itself at lesbians, gay men, bisexuals and States. Topeka, Kansas, for instance, has a which is deemed ‘‘deviant’’ and not, in fact, transgender people. law which prohibits two people of the same the appearance of the person engaging in it. Our work calls for governments to end cy- sex from having a conversation about having Effects here include asylum claims being cles of impunity which surround violations sexual relations. Quite literally, if an under- denied, rape in detention and cases of vio- connected to homosexuality by punishing cover policeman approaches another man, lence being ignored by police and govern- perpetrators to the fullest extent allowed by says, ‘‘Do you want to have sex?’’ and the ments. law. other man answers anything at all—short of Gender play a primary role in the enact- And our work calls upon us all to consist- running away, speechless—that other man ment of human rights violations. Women ently include issues of sexuality in all of our has committed a crime. often face different and additional obstacles conversations and documentation about My point is that all these arrests, and the due to sexist proscribed roles within a given human rights violations. laws under which they happen, are wrong society, due to codified government discrimi- Given the severity of human rights viola- wherever they take place. The principle we nation, and due to the invisibility of wom- tions perpetrated because of sexual orienta- are collectively here to represent is simple: en’s sexual lives. tion, identity and conduct, the dialogue that treating people differently before the E1646 CONGRESSIONAL RECORD — Extensions of Remarks August 7, 1998 law because of their sexual orientation is ple are murdered daily by gangs and death omy laws; and insist that bills before this wrong. In most countries in the world, two squads. But similarly, on the streets of current Congress which expressly and invidi- heterosexuals kissing in a park would not be American and Western European cities, hate ously target groups based on sexual orienta- sent to jail; a seventeen-year old boy who crimes—violence, beatings, and bashings— tion be defeated, as they deserve. fell in love with a girl would not be sen- ensure that people will think twice before Insist that the US ratify human rights cov- tenced to a hell of rape and abuse in prison they wear a pink triangle in public, or hold enants it has so far refused to endorse, in- for it; and one heterosexual who simply hands on the street. cluding the Convention on the Right of the asked another to have sex would not serve a And in many countries, the attempts of Child, the Convention on the Elimination of three-year penitentiary term for it—even, I gays, lesbians, bisexuals, and transgender Discrimination Against Women, and the believe, in Washington, D.C. To impose these people to organize in response to these Convention on Economic, Social and Cul- punishments on comparable acts simply be- abuses are also met with repression. In Ar- tural Rights; for it is sheer hypocrisy for us cause they are committed by people of the gentina, in , in Lithuania, in Russia, to hold others to noble promises that we same sex is both barbarous and absurd. gay and lesbian organizations have been de- have not even made ourselves. This principle of equality has been af- clared illegal on pretexts—because they al- We ask you to speak out, because silence is firmed, as Ms. Ralph noted, by the United legedly ‘‘threaten public morals,’’ or ‘‘public deadly. I would like to close by quoting the Nations Human Rights Committee, which is health.’’ These actions violate rights to as- lines of a Hungarian poet, who was gay—and a landmark decision—Toonen v. Australia, in sembly and association which are protected who suffered from that imposed silence, si- 1994—held that no state can allot discrimina- in virtually every international human- lence about the self, that I have spoken tory enjoyment of any right in the Inter- rights instrument. Gay and lesbian publica- about here. Mr. LANTOS will not mind if I national Covenant on Civil and Political tions have been threatened, punished, or cite him first in Hungarian: Rights because of someone’s sexual orienta- closed down in Greece, in Russia, in Hun- Akik a termeszettol felnek, tion. This means that the Romanian legisla- gary. In , where there is a tiny and termeszetellenesnek neveznek bennunket. tion which permits the arrests I’ve just de- beleaguered organization called Gays and De eygedul a hallgastas termeszettellenes. scribed, and imposes those punishments, Lesbians of Zimbabwe, President Robert ‘‘Those who despise nature call us unnatu- stands in violation of international law. And Mugabe has campaigned for years to elimi- ral. But silence is the only unnatural act.’’ so do similar laws wherever they are in nate that group and erase all traces of homo- force. sexual identity from his society—calling REGAN E. RALPH, EXECUTIVE DIRECTOR, WOM- Yet this decision has a further and impor- them ‘‘beasts,’’ ‘‘perverts,’’ ‘‘worse than EN’S RIGHTS DIVISION, HUMAN RIGHTS tant ramification. In gauging the situation dogs, and pigs,’’ and stating repeatedly that WATCH of gays, lesbians, bisexuals, and transgender ‘‘homosexuals have no rights whatever.’’ Thank you, Congressman Lantos, your col- people in a country, it is not enough to look What has been the result? Last month, Keith leagues on the Human Rights Caucus and at whether that country has so-called ‘‘sod- Goddard, one of the leaders of that gay and your staff for inviting us to discuss this im- omy laws,’’ or whether they are enforced. lesbian group went to the police to report a portant human rights concern. One must look at how that country’s laws, man who had been blackmailing him with It has been fifty years since governments and its policies and practices, affect the false allegations. In a case that perfectly evi- from around the world created the Universal other basic rights of gays and lesbians. Do dences what Mr. Rahman has said about the Declaration on Human Rights. The fun- they enjoy the right to speak freely? To denial of protection to gays and lesbians, damental and very simple idea underlying move about in the street freely? To gather when Mr. Goddard admitted to the police the declaration and the very notion of together, to organize in a group? Can they that he was homosexual, the police imme- human rights is this: all human beings are hold jobs, can they survive economically, diately arrested him, for sodomy. He now born free and equal in dignity and rights. while being open and honest about them- faces up to seven years in prison. No one should be denied their fundamental selves? Will the police and the state defend And why has the President of Zimbabwe human dignity no matter what their race, them if their rights are violated? And here I devoted years to vilifying gays and lesbians, their sex, their religion, their politics, their want to refer back to Mr. Altan’s testimony to blaming them for all his country’s eco- national origin, their birth or other status. about Turkey: a country in which homo- nomic and social ills? Because he needed a No one should be denied personal security. sexuality is nominally legal, but in which scapegoat. As he flailed for support for his No one should be tortured. No one should there is in fact a culture of continual abuse own corrupt and decaying regime, nothing have his or her private life invaded. No one toward sexual difference, enabled and rein- was easier than to incite hatred against peo- should be forced to live as a second-class cit- forced by a culture of impunity. In many ple who were, fortuitously, both invisible— izen, denied the rights extended to others. countries around the globe, police and offi- unable to speak for themselves—and univer- A very basic guarantee of dignity agreed to cials harass gays, lesbians, bisexuals, and sally despised. This demonization of the dif- fifty years ago. And yet in the past fifty transgender people in constant, intrusive, ferent is familiar to us, or should be, from years the world’s commitment to really and and degrading ways. In Italy, in , in Nazi Germany. Gays and lesbians worldwide truly protect everyone’s fundamental dig- Cuba, police raid gay bars and discotheques, now seem to serve as a new, favorite victim. nity and human rights has been tested time check the IDS of patrons, and ostentatiously The power of human rights in our century, and again. write down their names and addresses. In of a discourse, as a symbol, is that it Protecting women’s human rights, to give Thailand, the Ministry of Education tries to counters this demonization. Human rights one significant example, until recently sim- ban gay men from becoming teachers; in Bul- knows no scapegoats, it recognizes no sac- ply was not seen as the responsibility of gov- garia, the bar association tries to ban them rificial lambs, and it accepts no exceptions ernments. Yet by exposing abuses against from becoming lawyers. In numerous coun- to the rule. It insists that people cannot be women and the role of governments in per- tries there are laws against certain kinds of singled out: that no quality basic to a human petrating or allowing the abuse, women have stigmatized public behavior, laws which may being, be it her religious belief, the color of claimed the recognition that they too are en- not even specifically mention homosexual- her skin, her ethnicity or sex or her sexual titled to enjoy their basic rights. ity, but which are used against people whose orientation, be used as a pretext to deny her At Human Rights Watch, we have docu- demeanor or clothes or friends put them the rights which should be enjoyed equally mented the violence, coercion and discrimi- under the suspicion of being different. In by all. nation inflicted on women by governments China and in other countries with Com- Today, Mr. Chairman, members of the Cau- and individuals around the world. Violence munist-era legal codes, provisions against cus, we ask you to join us. Let us insist to- that directly destroys women’s right to ‘‘hooliganism’’ are used to arrest gay men gether. physical security and that limits women’s whenever they gather for any purpose. In Insist that the United States Government ability to exercise other basic rights. Dis- Cuba, Romania, and elsewhere, laws punish work for an end to discrimination, persecu- crimination in law and practice that seeks to homosexual acts ‘‘which cause public scan- tion, and abuse based on sexual orientation, keep women under the thumb of some other dal’’—meaning that if a private sexual act , or HIV status, around the authority. becomes known to anyone else who dis- globe. Oftentimes, this violence and discrimina- approves, it can earn a prison term. In many Insist that the US State Department spe- tion directly targets women’s sexual and re- Western countries, laws against so-called cifically monitor sexual orientation as a cat- productive lives. Women are raped in war, ‘‘public lewdness’’ are used to impose fines or egory in its yearly review of countries’ sometimes with the express purpose of mak- prison terms on people who simply look gay human rights records. ing them pregnant with the ‘‘enemy’s’’ prog- in public when seen by the discriminating Insist that public officials, in law enforce- eny. Women and girls are forced to undergo eye of a policeman. ment and elsewhere, across the United virginity tests. In many countries, they are Moreover, some of the worst abuses States be trained in human rights and in forced into marriage at a young age or traf- against gays, lesbians, bisexuals, and issues surrounding sexual orientation; and ficked into forced prostitution and repeat- transgender people are not committed di- insist that in US programs to promote edly raped. All of these violations grossly rectly by the state—but by non-state actors, human rights abroad, sexual orientation be abuse women’s fundamental rights. All of who inflict them with the indifference or recognized as a category and component. them are prohibited by international law. even connivance of the police. In Brazil, as Insist that, as one first step toward creat- And, after years of silence, the international IGLHRC has documented in its report ‘‘Epi- ing a culture of non-discrimination in this community has strongly condemned such ac- demic of Hate,’’ gays and transgendered peo- country, states repeal their remaining sod- tions. August 7, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1647 But the rights of women remain under human rights protections, it is that much beaten out, covered all over with blood be- siege, particularly in the area of extending easier to exclude another group and another cause of the torture. dignity and autonomy to them in their sex- and another. The only way we as individuals I knew what would happen to me if I ad- ual lives. Here we come to another test of and members of a democratic society have of mitted my homosexuality. I put books on my the universal nature of human rights be- preserving our own rights is to ensure that head so I could walk better, I tied my wrists cause women—and men—also are subject to no exceptions are made in respecting the up with wood pieces so I would not look like violence, coercion, and discrimination that rights of all. a sissy. I cried day and night, I prayed day is targeted at their real or perceived sexual and night so that they would stop abusing orientation or identity. In countries SERKAN ALTON me. throughout the world, lesbians and gay men Aslan Yuzgun, the writer of Homosexuality There were so many incidents that caused are subject to discriminatory legislation, In Turkey says ‘‘Without a doubt, homo- me a lot of pain. I started to cut my arm violent treatment and persecution by police sexuals are the worst treated minority in with a bread knife in the shower, then used and other authorities. Turkey.’’ The worst thing to be in Turkey is salt. I screamed, I yelled, I hit my head from Again the ugly argument that some groups to be a man who is openly homosexual. Not one wall to another. I tried to kill myself are not actually entitled to enjoy their basic only is it despised, it is seen as an affront to three times. There was nobody I could talk rights rears its head. But this argument is as Turkish culture and an insult to Turkish to. wrong about sexual orientation as it was manhood. In the school, many teachers including the about women. The police use terror and violence against president of the school knew exactly what On the contrary, international human homosexuals by permission of the central was going on. The president even invited me rights law prohibits state-sponsored and government. It is impossible for us to to her room and asked me if I was mentally state-tolerated violence and discrimination achieve any legal redress. No one—including ill. She implied I was homosexual. I was against individuals that attacks their sexual the government, the police, the media—cares kicked, beaten, slapped in the face and in- identity, sexual orientation or private sexual about how homosexuals are treated. Turkey sulted by her many times. practices. The most basic human rights has been a huge prison for all of us, mostly I prayed. I was the only one who openly guarantees found in the Universal Declara- for homosexuals. prayed five times a day like Muslims do. Any boy aged 8 years or older who displays tion on Human Rights and the International While I was praying, I was kicked and any hint of effeminacy is very likely to be Covenant on Civil and Political Rights—the washed by cold water in the winter time. I raped. Then the torture starts, especially in right to life, liberty and security of the per- was told, ‘‘You are a faggot. God will not for- school. We homosexuals learn in school, son, the rights to freedom of expression and give you, you are wasting your time.’’ along with other things, that we are going to association; the right against arbitrary de- They took my money from my wallet and be raped, beaten, and tortured both by the tention; the right to privacy, and the prohi- said, ‘‘You are a faggot, you can find the bition against discrimination—extend to all public and the police. When I was 11 years old, I moved to money from someone.’’ They were trying to individuals regardless of their status. say that I could make money by selling my In fact, international law condemns the de- Istanbul, the most modern city in Turkey. When I turned 12, I started to go to a pri- body. They even came to my house when I nial of fundamental liberties to persons on was alone and sexually harassed, then robbed the basis of qualities inherent to their indi- vate school. I soon realized I was an outcast. They me. viduality and humanity. These include race, started to call me names like ‘‘queer,’’ Just like me, gays in Turkey are raped religion, colour, sex, national origin, birth, ‘‘boy,’’ ‘‘faggot,’’ which I was not familiar often by the police and the society. The po- political opinion, and other status. Sexual with because I looked and acted like a girl. lice arrest gays, beat them up with metal orientation, too, is such a quality, a deeply Things got worse when Rock Hudson had covered truncheons and torture them. The rooted and profoundly felt element of self- AIDS. Then my nickname became ‘‘AIDS’’. Turkish government approves of the torture hood. and doesn’t allow us to speak out. Gays are You have heard cases of the gross abuses Still I had no idea what it meant to be a ho- in fear all the time. perpetrated against individuals because of mosexual. Everywhere I went, I was followed, taunt- their real or perceived sexual orientation. When I was 18, I came to the United States ed, and insulted. There were many kids who Add to those the fact that many countries, as a student. I started to realize what hap- would ty to beat me up. I didn’t fight back, including Nicaragua, Uzbekistan, and pened to me and what is happening to the instead I kept my distance from them. Even Zimbabwe, criminalize consensual sex be- others was and is not supposed to happen. though I sat quietly in the corner, my hair tween same-sex adults. In China, lesbians So I came to the point when I said, ‘‘The was pulled, my head was kicked, my private and gays have been harassed by police, hell with culture, the hell with tradition.’’ parts were pinched. Some threw balls and ob- jailed, and fined. In different countries, gay I became an activist. The anti-terror law jects at me. Some pushed me and tried to and lesbian organizations and activities are in Turkey says, ‘‘anyone who speaks against make me fall. targeted with violence and harassment that the country in or out of the country can be There was almost no day for me to live my arrested.’’ Knowing that most writers, jour- has forced them to close their doors or end childhood with joy. their perfectly legal activities. nalists, and human rights activists are im- As the years passed by, I accepted the prisoned in Turkey, I decided to apply for a At the same time, the principle of uni- abuse. I knew they were going to hit and in- versality is being upheld. Flagrant violations political asylum in the U.S. based on my ho- sult me, but I took it. mosexuality. Last year I was granted politi- of human rights have been denounced at When I was 16, the head of the class forced cal asylum. both the national and international levels. me to have sex with him. He was known as While seeking asylum, I researched and South ’s new constitution, for exam- one of the strongest guys in the school. Then found a lot of information about the persecu- ple, specifically prohibits discrimination he told every detail to everybody. While he tion of gay people in Turkey. based on sexual orientation. International became a hero, I was emotionally and phys- In 1989, during a police raid on the houses human rights bodies have also declared dis- ically abused more. I was called ‘‘a man with of homosexuals, a 17 year-old gay boy com- crimination and violence based on sexual no dignity,’’ and ‘‘disgusting queer.’’ Some mitted suicide by jumping from a sixth floor orientation or identity to violate human spit on my food, and I was left alone in one balcony in order not to be tortured by the rights. corner. The European Court of Justice ruled last Every time I tried to pick up something police chief who had tortured him before. summer that employers could not deny the from the floor, I felt pencils, fingers trying A Turkish gay leader, Ibrahim Eren, gave same employment rights to lesbian couples to penetrate me. a press conference in 1990 and he said that that are extended to unmarried, hetero- Things got worse and worse. the same police chief had beaten sexual couples. Another European body, the The school bathrooms were a place for the transsexuals. The police chief then stomped Court on Human Rights, has repeatedly held boys to gather and smoke and I was scared to on their chests until their breast implants that laws criminalizing consensual, private go there. I had heard that other homosexuals were forced violently and bloodily through sexual acts between adults violate inter- had tied up their penises so that they did not the skin. nationally protected right to privacy. have to go to the bathroom, so I tried to do Recently, a gay festival designed to draw The Human Rights Com- the same. The walls and the doors of the attention to gay and AIDS issues was banned mittee, the body charged with monitoring bathroom were full with my name and tele- by the central government because, ‘‘it is compliance with the Covenant on Civil and phone number. At night, I would try to wash against Turkish culture and public moral- Political Rights, considers sexual orienta- it off and my hands would hurt. ity.’’ tion to be a status protected from discrimi- Meanwhile, I saw the pictures of gays who Just like I have, gays in Turkey experience nation under international law. In Toonen v. were arrested because of their homosexuality cruel, inhuman attacks from the govern- Australia, the Committee declared that the on the cover of the nationwide daily news- ment. We can’t do anything. Gays who report rights protected by the Covenant cannot be papers. The headlines were ‘‘The End of a police torture are silenced or tortured more denied or limited on the basis of sexual ori- Queer, Homosexual Hunt,’’ I still remember and more. The Turkish government mean- entation or identity. the pictures. They were dropped on the floor, while does a great job of denying and cover- In closing, I would like again to underscore beaten by metal covered truncheons and ing up all this torture. the principle of universality; human rights their heads were forcefully shaved. I still re- We have to tell the Turkish government guarantees must extend to all. If it is member one particular picture of a that it is not OK to attack, torture, and kill deemed acceptable to exclude one group from transsexual whose breast implants were anyone just because they are gay.