Pakistan 2020 LGBT Index and Exhibits

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Pakistan 2020 LGBT Index and Exhibits [NAME] [FIRM] [ADDRESS] [PHONE NUMBER] [FAX NUMBER] UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT [CITY, STATE] ) In the Matter of: ) ) File No.: A _____________ _______________________ ) ) In removal proceedings ) ) INDEX TO DOCUMENTATION OF COUNTRY CONDITIONS REGARDING PERSECUTION OF LGBTQ INDIVIDUALS IN PAKISTAN TAB SUMMARY GOVERNMENTAL SOURCES 1. Excerpt of Pakistan Penal Code § 377, available at: https://www.oecd.org/site/adboecdanti-corruptioninitiative/46816797.pdf • “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which shall not be less than two years nor more than ten years, and shall also be liable to fine.” • “Explanation: Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.” 2. Bureau of Democracy, Human Rights and Labor, U.S. Dep’t of State, Pakistan 2019 Human Rights Report (Mar. 11, 2020), available at: https://www.state.gov/wp-content/uploads/2020/03/PAKISTAN-2019-HUMAN- RIGHTS-REPORT.pdf TAB SUMMARY • “Consensual same-sex sexual conduct is a criminal offense. The penalty for conviction of same-sex relations is a fine, two years to life imprisonment, or both. Lesbian, gay, bisexual, male transgender, and intersex persons rarely revealed their sexual orientation or gender identity in the public sphere. There were communities of openly transgender women, but they were marginalized and were frequently the targets of violence and harassment.” (p. 43) • “Violence and discrimination continued against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons. The crimes often go unreported, and police generally take little action when they do receive reports. On April 13, unidentified assailants stabbed and killed a 30-year-old transgender person in Karachi. Her death followed the death and apparent torture on March 26 of an elderly member of the transgender community.” (p. 43) • “According to a wide range of LGBT NGOs and activists, society generally shunned transgender women, eunuchs, and intersex persons, who often lived together in slum communities and survived by begging and dancing at carnivals and weddings. Some also were prostitutes. Local authorities often denied transgender individuals their share of inherited property, and admission to schools and hospitals. Property owners frequently refused to rent or sell property to transgender persons.” (pp. 43-44) • “Authorities held female prisoners separately from men. Nevertheless, despite the passage of the Transgender Persons (Protection of Rights) Act 2018, which provides for separate places of confinement, NGOs reported that prison officials held transgender women with men, and the men harassed the transgender women.” (p. 7) • “While regulations prohibit discrimination in employment and occupation regarding race, sex, gender, disability, language, gender identity, HIV- positive status or other communicable diseases, or social status, the government did not effectively enforce those laws and regulations. Discrimination with respect to employment and occupation based on these factors persisted.” (p. 50) 3. U.K. Home Office, Country Policy and Information Note — Pakistan: Sexual Orientation and Gender Identity or Expression (v. 3.0 July 2019), available at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attach ment_data/file/814050/Pakistan-SOGIE-CPIN-v3.0_July_2019_.pdf • “The Pakistan Penal Code (PPC) does not specifically refer to homosexuality but deals with actions that go against ‘the natural order’. Section 377 states ‘Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or 2 TAB SUMMARY with imprisonment of either description for a term which shall not be less than two years nor more than ten years, and shall also be liable to fine . Explanation: Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.” (p. 13) • “The Offence of Zina (Enforcement Of Hudood) Ordinance of 1979 criminalises any form of penetration outside of marriage, but voluntary sexual acts between persons of the same gender are not covered by the provisions although they suggest that non-heterosexual sexual acts that involve penetration could be prosecuted and sharia law provisions may punish same-sex sexual acts by death.” (p. 7) • “… Sections 377 and 294 (‘Obscene Acts and Songs’) of the PPC has sometimes been used by police as a pretext to arrest, threaten to arrest, harass, intimidate and extort LGBTI persons, particularly men who have sex with men (MSM) and transgender women . Health workers and educators, reportedly discriminate against persons because of their actual or perceived gender identity and/or sexual orientation.” (p. 7) • “[T]ransgender persons have reported humiliating and discriminatory treatment, violence and harassment by police, including sexual violence.” (p. 8) • “Sources indicate that sexual minorities may be reluctant to report crimes against them for fear of revealing their sexual orientation or because they suspect the response will be inadequate. Despite the passing of the Transgender Persons (Protection of Rights) Bill 2018, it is reported that police do not provide adequate protection to transgender persons.” (p. 9) • “Pakistan is a conservative Muslim society in which homophobic attitudes persist. LGBTI persons face societal discrimination as well as family and societal pressure to conform to cultural and religious norms, including marriage.” (p. 8) • “There are no laws prohibiting discrimination on the basis of sexual orientation. There is no legal recognition of same-sex civil unions or marriages, and same-sex couples cannot adopt children.” (p. 12) 4. Bureau of Democracy, Human Rights and Labor, U.S. Dep’t of State, Pakistan 2018 Human Rights Report (Mar. 13, 2019), available at: https://www.state.gov/wp-content/uploads/2019/03/PAKISTAN-2018.pdf • “Consensual same-sex sexual conduct is a criminal offense. The penalty for same-sex relations is a fine, two years’ to life imprisonment, or both. 3 TAB SUMMARY Lesbian, gay, bisexual, male transgender, and intersex persons rarely revealed their sexual orientation or gender identity. There were communities of openly transgender women, but they were marginalized and were frequently the targets of violence and harassment.” (p. 46) • “Violence and discrimination continued against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons. The crimes often go unreported, and the police generally take little action when they do receive reports.” (p. 46) • “According to a wide range of LGBT NGOs and activists, society generally shunned transgender women, eunuchs, and intersex persons, . who often lived together in slum communities and survived by begging and dancing at carnivals and weddings. Some also were prostitutes. Local authorities often denied transgender individuals their share of inherited property, and admission to schools and hospitals. Landlords frequently refused to rent or sell property to transgender persons.” (p. 46) • “Election observers and the transgender community reported incidents of harassment of transgender voters on election day, and the Sindh Home Department reportedly confiscated the Election Commission of Pakistan accreditation cards of 25 transgender observers citing security concerns.” (pp. 46-47) • “Authorities held female prisoners separately from men. Nevertheless, NGOs reported transgender women were held with men and faced harassment.” (p. 7) • “While regulations prohibit discrimination in employment and occupation regarding race, sex, gender, disability, language, gender identity, HIV- positive status or other communicable diseases, or social status, the government did not effectively enforce those laws and regulations. Discrimination with respect to employment and occupation based on these factors persisted.” (p. 52) 5. Excerpt of Human Rights Commission of Pakistan, State of Human Rights in 2018 (March 2019), available at: http://hrcp-web.org/hrcpweb/wp- content/uploads/2019/04/State-of-Human-Rights-in-2018-English-1.pdf • “In January, an eighteen-year-old transgender person was kidnapped and gang raped by nine people through the night only to be released the next morning in Peshawar. When the survivor filed a complaint with the police, they refused to register a First Information Report (FIR). The survivor believed that she had been targeted due to a recent protest she had attended against attacks on two other transgender persons. In the same month, three 4 TAB SUMMARY members of the transgender community were returning after attending an event in Swabi’s Yar Hussain tehsil when assailants attempted to sexually abuse them. Upon resistance, the assailants opened fire, critically injuring two of the three survivors. In March, a transgender person and her friend were gunned down in Peshawar by two assailants on a motorcycle. In April, another transgender individual’s residence was raided by armed men in the Kalu Khan area of Swabi. The men beat her before fatally shooting her. In May, another member of the transgender community was murdered over a money dispute in the Kotkay area of Mansehra. News reports indicated that the individual was shot after refusing to provide change for Rs1,000. In June, news reports surfaced
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