The International Tribunal on Human Rights Violations Against Sexual Minorities

Tuesday, October 17, 1995 New York City, USA Tribunal Co-Chairs

Urvashi Vaid

James Hormel

Tribunal Co-Sponsors

The International Gay & Lesbian Human Rights Commission

Community United Against Violence

The International Gay and Lesbian Human Rights Commission (IGLHRC), founded in 1991, is a San Francisco-based non-governmental human rights organization. IGLHRC’s primary work is to monitor, document and mobilize responses to human rights abuses against lesbians, gay men, bisexuals, transgendered people, people with HIV and AIDS, and those oppressed due to their sexual identities or sexual conduct with consenting adults. For more information please contact IGLHRC:

1360 Mission St., Suite 200, San Francisco, CA 94103 USA Phone +1-415-255-8680 Fax +1-415-255-8680

Community United Against Violence (CUAV) was the first organization in the United States dedicated exclusively to preventing and treating violence against and within the lesbian, gay, bisexual, and transgendered communities. For more information please contact CUAV:

973 Market Street, Suite 500, San Francisco, CA 94103 USA Phone +1-415-777-5500 Fax +1-415-777-5565

A 30 minute video of the Tribunal is also available. Please contact IGLHRC at the above address if interested. Table of Contents

Opening Remarks

Charlotte Bunch, Director, Center for Women's Global Leadership 2

Testimonies

Part I: Human Rights Violations Based on Sexual Orientation Herbert Mondhlani, Zimbabwe 4 Elizabeth Lim, Philippines 6 Ciprian Cucu, Romania (Translated by Scott Long) 9

Part II: HIV/AIDS and the Persecution of Sexual Minorities Alfredo Gonzalez reading testimony of Wilfredo Valencia-Palacios, El Salvador 12 Anuja Gupta, India 1 5

Part III: Human Rights Violations Based on Gender Identity and Sexual Orientation Daphne Scholinski, USA 1 8 Serkan Altan, Turkey 21 Mariela Muñoz, Argentina (Translated by Patricia Montoya) 23

Judges' Remarks

Rory Kennedy statement in place of Kerry Kennedy-Cuomo, 27 former Executive Director of the Robert F. Kennedy Human Rights Center

Deputy Marta Suplicy, Member of the Brazilian Parliament and 28 Brazilian Human Rights Commission, Brazil

Nomtuse Mbere, Member of the South African government delegation to 31 Beijing World Conference on Women, South Africa Gara LaMarche, Associate Director of Human Rights Watch, USA 33

Judges' Final Statement

34

4 Opening Remarks

Charlotte Bunch, Director of the life, liberty, and security of person Center for Women's Global without fear of violence, torture, or Leadership, USA arbitrary imprisonment. It is a pleasure to open this his - toric event which comes at a critical All of these human rights are time both for the lesbian and gay spelled out in various UN instruments movement and for the United Nations. and conventions and elaborated further For 50 years, since the UN was in UN world conference declarations founded and its charter of nondiscrimi- and other treaty body communications. nation proclaimed in 1945, and for 47 Yet, when these rights are violated years since the Universal Declaration of because of a person's sexual orienta- Human Rights was signed by all nations tion, the world bodies and most gov- of the world in 1948, there has ernments remain silent or even declare remained a conspiracy of silence about that sexual minorities do not deserve the human rights of sexual minorities. human rights and protections and that The UN, governments, and most of the we can be treated as less than human. human rights community around the This implication that we are not fully world have turned away from and human is then an invitation to more avoided discussion of the human rights violence and abuse. of lesbians, gays, bisexuals, and trans - As you will hear in today's testi - gendered individuals. They have chosen monies and as Rachel Rosenbloom not to see the many violations of spells out so clearly in her introduction human rights principles in this area that to Unspoken Rules: Sexual Orientation they espouse elsewhere: and Women's Human Rights, published by IGLHRC for the IV World Conference •the right of sexual minorities to on Women in Beijing, all of these funda- freedom of assembly and to free- mental human rights are violated daily dom of speech; in the lives of lesbians, gays, bisexuals, •their right to equal protection under and transgendered people all over the the law and to non discrimination, world. Additionally, such violations are as the Universal Declaration states often questions of life and death and "without distinction of any kind, not trivial behavioral or lifestyle choices such as race, sex...or other status;" as some would imply. There has been a (art.2) wall of silence erected around these •the right to work, to health, and to abuses that has proven stronger than education; the Berlin Wall, but we are here today •the right to bodily integrity and because cracks have been made in that determination of one's sexuality; wall and we seek to make it crumble •the right to free choice in marriage further. and family; Over the past five years, the •the right to asylum from persecu- women's human rights movement has tion and to refugee status; been working to end the silence sur- •and most basic of all, the right to

2 Opening Remarks rounding abuses based on gender. This moved to an issue only spoken to by movement shares many common con- the Dutch government in 1985. So in cerns with the movement for lesbian 1995, the issue moved into an extraor- and gay human rights—not to mention dinary debate with 30 countries from sharing many women. Both of these all regions openly supporting lesbian movements address how distinctions rights. Some even declared that they between violations in private and public considered the issue to be included in and the reluctance of the human rights the prohibition of discrimination based community to address sexuality and on "other status"— already in the rigid gender identities have kept such Universal Declaration and the Beijing violations invisible or even sanctioned document. them. The Beijing Platform for Action Women have utilized tribunals also specifically recognized: like this one both locally and at the UN World Conferences in Vienna, Cairo, •that various forms of family exist Copenhagen, and Beijing: (p. 30) •the human right of women to have •to break down that wall of silence; control over and decide freely mat- •to make such violations visible and ters related to their sexuality (p. concrete in terms of how they 97) impact our lives; •and to demand accountability for Not a revolution, but a big crack. their neglect. Commitment to the human The demand that "women's rights of sexual minorities has also rights be understood as human rights" emerged from some other struggles, gained ground at the World Conference most notably, as evidenced in the for Human Rights in Vienna in 1993, recent South African Constitution which and was ratified in Beijing where many, is the first to include protection from including Hilary Rodham Clinton, discrimination on the basis of sexual acknowledged that the conference was orientation. Indeed the open participa- about the human rights of women and tion of lesbians and gays in that his - how they are violated in many areas. toric struggle against human rights With that acceptance has come a grad- abuse based on race opened the way ual opening for understanding better to the inclusion of lesbian and gay that lesbian and gay rights are also rights in the vision of human rights that human rights. emerged out of this liberation move- In Beijing, this issue advanced to ment. It is only as we speak openly and the first open discussion of sexual ori - name the abuses done to lesbians, entation and lesbian human rights in gays, and other sexual minorities and the UN. Lesbianism has always been demand accountability for them that raised by NGOs at the UN World we can hope to see them included on Conferences for Women, but it has future human rights agendas. never before been on the inter-govern- The vision of this tribunal is that mental conference agenda. It began as as more people of all genders and sexu- a scandal at the first Mexico City al persuasions understand human rights Women's Conference in 1975 and violations and discrimination based on

3 Testimonies Part I. Human Rights Violations Based on Sexual Orientation

sexual orientation, they will join forces because of the colour of my skin. to end these abuses just as many les- Blacks were regarded as second class bians and gays struggle for the human citizens under the racial government of rights of others. The only hope for a Ian Smith. The apartheid of race came future realization of human rights for all to an end in 1980 with the birth of is in acting on our understanding that Zimbabwe under the leadership of human rights are indeed universal, indi- President Robert Mugabe. visible, inalienable, and interrelated. If Today, there is racial equality in the human rights of any group are left Zimbabwe. But today there is another behind, the human rights of all are form of apartheid in Zimbabwe. This is incomplete. the apartheid of gay oppres- Our challenge to the sion. As a gay man in UN today is to exert its ethi - Zimbabwe, I have no place, I cal leadership on human have no voice, I have no sta- rights in its next 50 years. tus simply because of my To do so, it must begin now sexual orientation. to redress this neglect and Homosexuality is illegal under to move toward a truly inclu- the Sexual Offenses Act sive interpretation and imple- which classifies gayness mentation of its human rights together with bestiality, instruments and mandates. It incest, child abuse and pros- must investigate and docu- titution. ment violations of the human My sexuality, like my skin rights of sexual minorities colour, is something I have and find ways to hold gov- no control over. I did not ernments and non-state actors choose to be black, nor did I choose to accountable for these abuses. It must be gay, but this world has punished me declare once and for all that all human for being both. I have been gay as far beings deserve full human rights. as I can remember. The courageous women and men However, it was only when I was who will testify today make real what at a university in 1986 that I came to those abuses are and make concrete terms with my sexuality, with my iden- what must be done if we are to live in a tity. My university days were the days world that respects the human rights and of exploring the outside world. They dignity of all its citizens. Let us listen and were also days of misery. As is natural learn from them and take their stories with university life, I began to experi - and our demands across the street and ment with the unexplored world. I could around the world. not hide my feelings any more. I Herbert Mondhlani, Zimbabwe became more daring and more open I was born and grew up in about my sexuality. Zimbabwe which until 1980 was called This landed me in trouble with Rhodesia. In my childhood, I experi - some of my colleagues who could not enced rejection and discrimination stomach the fact that I was attracted

4 Testimonies-Part I to people of the same sex. One evening active member of GALZ and I have seen a group of students convened a "kan- GALZ transform itself from a mere garoo" court and summoned me to the social organisation to a political force Student Union. There were fifteen of to reckon with. Today GALZ has grown them. In a hostile manner, they put me tremendously and aside from being an under intensive interrogation. One of organisation for gay men and women, it the students suggested that I should offers counselling service and safe sex be flogged publicly at campus so that I advice to people from all walks of life. abandon this morally decadent behav- The sad news is that the existence of iour and as a lesson to others who GALZ is now under threat from the might be tempted. Luckily this was government. never carried out. The rest of my uni- In 1993 the Minister of Home versity life was never the same again. I Affairs/Internal Affairs issued a press suffered from social ostracism and I statement warning all homosexuals in was labelled a misfit. Most of my Zimbabwe that the net was closing. "It friends abandoned me and I was sub- (homosexuality) is illegal in this coun - jected to a lot of ridicule and gossiping try. Their organisation (GALZ) is an ille - on campus. I withdrew completely from gal organisation and the police are university activities and became a com- going to clamp down on their activities. plete loner. Police are anxious to make arrests." After graduating with honors and Last year, police raided the GALZ obtaining a Masters' degree in 1990, I office in the city centre seizing litera - took a job with T h e Herald, one of our ture and video material but without lay- daily newspapers, as a night sub-editor. ing any charges. Pornographic material During the day I was teaching part time is illegal in Zimbabwe but none of the at the University of Zimbabwe. material seized was pornographic. The It so happened that one evening material included an international direc - a court story landed on my desk for tory of lesbian organizations. editing. The story was about two black However, the worst happened gays who had been caught red-handed this year at the International Book Fair by a friend making love. The friend which was held in Harare in August. The demanded some money from these two Zimbabwe International Book Fair is the so that he would maintain his silence. largest event of its kind in Africa and is The couple refused and the friend held annually. The theme of the Book reported them to the police. The two Fair this year was human rights and jus- were arrested, charged and eventually tice. Naturally, GALZ like any other civic fined under the Sexual Offenses Act for organisation, applied to participate. sodomy. After much foot dragging by the organ- I made contact with the couple isers of the fair we were allowed to par - and we had a long chat before they ticipate. However, on the eve of the began to trust me. Lo and behold they event, the government issued a direc- told me the sweetest news I had ever tive to the Book Fair organizers to heard in my life. They told me that expel GALZ from the Fair. The organis- there was an organization in Zimbabwe ers obliged. This was despite the fact for gays and lesbians (GALZ). They that the organizing committee had invited me to one of their social func - signed a contract with GALZ for our tions. That was in 1991. I immediately participation, GALZ had paid its partici - applied to join GALZ. pation fee, and a stand had already Since then, I have become an been allocated to us.

5 Testimonies-Part I The Zimbabwean government Zimbabwean government and the Book threatened to withdraw financial sup- Fair trustees in the name of morality port to the Book Fair and in a letter to was illegal. Having a homosexual orien- the Fair organizers stated that it was tation is not a crime and not all forms "dismayed and shocked by the decision of homosexual activities are illegal in of the Book Fair trustees to allow the Zimbabwe. so called Gays and Lesbians Association The Zimbabwean constitution of Zimbabwe to participate." At the protects a number of human rights, official opening of the Book Fair, including the right to the privacy of President Robert Mugabe took the issue one's home and the rights to freedom further by attacking gays and lesbians of speech and association which means in a very hard-hitting speech calling the right to receive and impart ideas homosexuality "immoral" and an and information without interference. "abhorrent Western import" and stated GALZ, as an organization which pro- that he found it "extremely outrageous vides counselling and support to mem- and repugnant that such immoral and bers of the community, has a right to repulsive organizations like those of exist. This is enshrined in our constitu - homosexuals...should have any advo- tion. The intolerant and dictatorial atti - cates in our midst." At three subse- tude expressed in this instance runs quent separate functions, President directly contrary to our constitution. Mugabe renewed his attacks on the gay The attitude expressed is also contrary community by saying that homosexuali- to the government's declared adher- ty "degrades human dignity" and that ence to international human rights law it's unnatural and there is no question which it is obliged to uphold. of ever allowing these people to behave Politically, President Mugabe's worse than dogs and pigs.” In one of attacks on the gay his homophobic statements he closed community have his remarks by saying "Americans created an environ- should keep their foolish and stupid ment in which per- ways to themselves." secution of gays Speaking at a state function to and lesbians is con - honour our heroes who died in the war doned. Since the of independence, President Mugabe President's speech, called for the arrest of gay people and there have been he encouraged the people in the town- several anti-gay ships to report any gay people to the demonstrations and police. threats towards In some way, President Mugabe’s gay and lesbian statement was a blessing in disguise people in because after his speech, many people Zimbabwe. There came to know of the existence of our has been discussion in the Zimbabwean organisation and we received several parliament to quarantine gay people. applications from people to join GALZ. Remarks such as those made by However, it is important to analyze the President Mugabe, especially when political and legal impact of the anti- emanating from a head of state, not gay crusade that has been launched in only legitimize, but encourage precisely Zimbabwe since the Book Fair fiasco. the sorts of rights violations to which From a legal perspective, the banning gays are subjected to around the of GALZ from the Book Fair by both the world.

6 Testimonies-Part I What we are seeing in Zimbabwe world. This is also a way to give mean- now is a contradiction of the cause ing to our lives by being the living that thousands of people in Zimbabwe example of sexual discrimination by no died for to obtain independence from less than a human rights institution. colonialism and apartheid. We fought to While we know that there are similar be free of prejudice emanating from cases of discrimination against lesbians, race and gender oppression. Zimbabwe our act of bringing our case to court is must also in the same breath fight the first ever in Asia. Should we win our against the apartheid of gay oppres- case, it will set an important precedent sion. At the end of the day it’s not only for other similar cases in the future. the freedom of gays that is under Breaking my invisibility as a dig - threat but the basic tenets of democ- nified lesbian at age 39 is not too late racy and civil liberties. after all. Looking back to my childhood Today, as an African gay man, I days, I knew I was a lesbian. I was stand here not only for my sake. I attracted to some special girls at age stand here not only for the sake of 10. As I grew up, I tried real hard to gays in Zimbabwe. I stand here on dress and act in the same manner as behalf of gays, lesbians and bisexual the heterosexual girls my age were people of the whole continent of Africa. doing. I was strongly affected by the They have no voice. African gays are false notion of other people, perpetrat- regarded as victims of a decadent ed by the sexists, that a lesbian or a Western culture. It is said homosexuali- homosexual relationship is a taboo, a ty is alien to African culture. But today perversion, something sinful and dirty. I stand as testimony that African gays At age 22 I tried to cleanse myself exist. We call upon the international through confession to a priest and a community to pressure African govern- nun. The priest told me to say some ments to stop oppressing gay men and prayers as an act of penance while the women now. Tomorrow might be too nun made me realize the reality of les- late. bians' existence and lesbianism’s natu- ralness. Among other things she said, "Don't worry my child. We do it here Elizabeth Lim, Philippines too." This is when I began to accept Greetings... myself and by 38 I came to a conclu- First of all allow me to thank the sion and realization that there is beau - International Gay and Lesbian Human ty, tenderness and purity in my lesbian Rights Commission for the privilege of relationships. I was happy with who I inviting me here to personally testify was and who or what I would become. about our case of illegal dismissal Belonging to a lower class family based on our sexual orientation. It was and having suffered economic, social a tough decision for me to come out in and political oppression, I got myself public on the issue of sexuality. involved in the Philippine National But I decided to take the rough Democratic movement. For fifteen path because of the courage I share years I have worked within the frame- with my partner, Evangeline "Vangie" work of the movement, and out of Castronuevo. We have both made this these years I spent a total of eight decision as a way of offering our per- years in the human rights movement. I sonal ordeal to our fellow lesbians in found myself more effective in the the Philippines and now in the whole United Front work and considered human rights work as a chosen career

7 Testimonies-Part I and personal commitment. In July big happy family no longer existed. 1992, I was hired as a programme A few days later I was coordinator at BALAY Rehabilitation approached by our officer-in-charge. He Center, a human rights service institu- said that the issue about us had tion catering to the psychosocial needs already spread among the staff and he of former political prisoners and other was afraid that if BALAY tolerated our victims of human rights violations. relationship, the organization would Although I had already come to lose prestige in the eyes of our clients terms with my sexual identity, I was and the human rights community. not brave enough to admit my sexuality I was so disappointed by his to my human rights co-workers and fel- reaction and decided to file a leave of low-activists. There was one experience absence for ten days. I took solace in a in a human rights NGO where my co- faraway place. I contemplated commit- workers wanted me to admit to the ting suicide but later on decided to whole staff my alleged relationship to return to the office to resume my work another female co-worker. I denied such and to face reality. allegation, much as I wanted to break When I came back, the members my invisibility but fearful of being sub - of the Executive Committee met with jected to disciplinary action. All my life us separately before talking to Vangie as a lesbian I had only one important and I together. This was when they rec- wish, that is to find a partner who ommended that one of us must go for would dare open our relationship to the reason of "delicadeza" and in con- other people, someone who could be sideration of the reactions of the other proud of it. I even prayed for that staff members (five of them). Despite someone whom I deserve to come our strong opposition, the officer-in- along. It was answered in the person of charge seemed to push us against the Vangie, who, far from my expectation, wall. I felt cornered and offered to was a married woman with a child. leave my job, as I had already proven On April 8, 1994 Vangie and I myself in the human rights movement. confirmed our feelings for each other Surprisingly, our Board and decided to share this, in confi - Chairperson, a woman lawyer, sat in on dence, with a co-staff member who this meeting and made it clear that an happened to be a "friend" of mine for issue like this is very personal and there is over ten years. She also has a lesbian no legal basis to terminate either one of sister. That was the gravest mistake us. It was agreed upon to let the opera- we ever made. tions of BALAY remain as normal as pos- The days following that reve- sible, and subsequently to hold a forum lation turned out as a nightmare. to listen to the sentiments of each of the Within a week almost all the staff members and to refrain from talking BALAY workers knew about our about the issue off-handedly. relationship. Some of the members However, even after the of the Executive Committee began Executive Committee decision, the offi- to question us separately on very cer-in-charge drumbeat for the eleva- personal matters while other staff tion of the issue to the Board. On started to isolate us. I was not August 1, 1994, five workers of BALAY spared of derogatory remarks. The wrote a petition letter to the Board atmosphere in BALAY began to asking that management's handling of change, the camaraderie was no the issue be reviewed. In response, the longer visible, and the spirit of one Board created a Committee of Inquiry

8 Testimonies-Part I to hear staff views. very day. Attached to it was the Board Both Vangie and I decided to resolution stating the alleged grounds write separate letters to the Board for for our termination as follows: "Acts them to consider our side before the grossly damaging to BALAY, the staff inquiry. I was also at that time so and other people such as: (1) engaging depressed that I sought counselling at in extra-marital relationship of Ms. a women's group, which later wrote a Catronuevo with Ms. Lim, flaunting of letter of support appealing for BALAY the affair in the office and before the to accept our personal choices within staff and the subsequent break-up of the context of women's right to self- Ms. Castronuevo's marriage; (2) both actualization, and expressed hope that personnel had deliberately engaged in in the end, truth, justice and fairness lobbying for support from outside will prevail. But instead of understand - women's organizations to derail the ing my psychological and emotional process undertaken by the Board and needs, BALAY accused me of not to undermine the Board's capacity in respecting their process and breaking addressing the issue." their trust. For your information, a female The Committee of Inquiry con- staff member of BALAY lives and has a ducted several sessions with the family with a married man. The institu- BALAY staff before questioning us. To tion has accepted this heterosexual our surprise, they did not stick to the relationship without reservation. purpose of the inquiry and instead On 9 September 1994, our legal delved into my management capability, counsel sent a letter to the BALAY and their loss of trust in me. I was board stating that our termination is never aware that they would "interro- illegal and unjust as we were not gate" me on my job performance. afforded procedural due process and as After the inquiry, four out of there is no valid and sufficient ground nine Board members who were opposed for our termination. Through the letter, to our dismissal wrote a the Board was also informed that the letter stating that: "fun - matter will be brought to the proper damental principles such court and labor tribunal. as respect for human dig- On 15 September 1994, Vangie nity and individuality lead and I fileda complaint with the us to take the position National Labor Relations Commission that the issue of the against BALAY for illegal dismissal. In extra-marital relationship this complaint, we sought for rein- is not within the ambit of statement, payment of moral and any action or interference exemplary damages , and more impor- which BALAY may permis- tantly, a public apology. sibly take. What we are Our court hearing formally start- doing is an invasion of ed last October 10, 1994. BALAY's the private lives of two settlement proposal was to reinstate us individuals, in total disrespect for their to our former positions but only for the individualities and personal decisions purpose of allowing us the opportunity which they have made at this time." to resign later. We did not settle for Despite this resolution, the other such an inhuman offer and decided to five Board members issued a notice of carry on with the court battle instead. termination handed to us on 6 We expect that this judicial process will September, 1994, effective on that go on until next year.

9 Testimonies-Part I Aside from the in-court advoca- tion. cy, the Advocates for Lesbian Rights As I often say, whatever the (ALERT) picketed during BALAY's gen- result of the case may be, Vangie and I eral assembly meeting and outside the will make our relationship our priority. National Labour Relations Commission. Taking the advice of our friend, “people Some members of ALERT distributed may come and go, but by the end of the documents to their local and interna- day it will be only me and Vangie.” tional networks, resulting in public awareness of our case and numerous responses, particularly from various Ciprian Cucu, Romania international groups and individuals My name is Ciprian Cucu. I am expressing support for us. The case twenty years old and come from was also published in the local newspa- Sinnicolau Mare, a town in the west of pers as well as international magazines. Romania, near the city of Timisoara. I It has also been featured on a leading have come here from Romania to tell television show in the Philippines. this Tribunal about what happened to The breaking of our invisibility myself and to my lover when we were has its equivalent pluses and minuses. arrested under Article 200 of the We were deprived of our economic Romanian penal code, which criminalizes rights. I was almost jobless for six sexual relations between persons of the months. Our financial situation was and same sex. still is an added psychological burden. In November 1992 I placed a Right now, I am fighting against a total personal advertisement in a Timisoara loss of self-esteem. I am still picking up newspaper in which I sought a friend- the pieces to regain my almost shat- ship with another gay man. The adver- tered self-confidence. tisement was signed, "November I can now see some bright light Dream." I received many responses, but as the case progresses and gains inter- I chose only one. This is how I met the national recognition. We hope that our man who later became my lover, co-Filipinos and especially the human Milorad Marian Mutascu. rights community (which has remained I was seventeen years old, and silent about the case until now) will be Marian was twenty-two. Later, Marian awakened and put aside any shade of would be accused of having sexual rela- politics. Yes, there is politics involved. tions with a minor of the same sex. It is For us, recognition of lesbian rights is important to note that if our relation - political. I challenge the progressive ship had been a heterosexual one, it bloc to examine their own homophobia, would have been perfectly legal. (The eliminate their hypocrisy and recognize age of consent for women in Romania the reality that lesbians are every - is 14; there is no heterosexual age of where. It is long overdue for the human consent for men.) rights community to expand its defini- It was November 27, 1992. We tion of human rights to include lesbian made a date to meet in a bar in rights for humane treatment. Timisoara. We admired one another at We hope that global pressure will first sight—he was my ideal. force the Philippine government to view Sometimes we would go to a our case, not simply as a labour case hotel in Timisoara, but we could not but as a discrimination case that will always afford to do this. This is how I hopefully result in a bill against discrimi - came to stay with Marian in his apart- nation based on one's sexual orienta-

10 Testimonies-Part I ment, which he shared with his mother. Officer Gigi Horodinca promised me Marian introduced me to his mother as that he would write a "hot" article in a friend. I lived with him there for two the press about our case. Marian admit- weeks, but soon his mother began to ted everything during the interrogation. change her attitude towards me. Since I tried to deny it, until I was shown my he was in love with me, Marian left his diary, which had been brought to the mother's apartment and followed me to police by my sister. Then I realized that the town of Sinnicolau Mare, to my par- I would lose everything. ents' home. There, I introduced him as We were both very frightened, a friend who was helping me with and we repeatedly asked to be told schoolwork. what was going to happen to us. The After a time, my elder sister police told us that everything would be began to be suspicious of our relation- fine and that no formal charges would ship. She asked Marian to leave the be pressed against us. We did not real- house. I did not accept this, and, on ize then that they were lying. At one January 19, 1993, after an argument in point they handcuffed us and from that the family, I admitted that Marian and I moment on we were no longer allowed were lovers. This was a shock for the to speak to one another under threat entire family. My parents did not want of being beaten. to believe it and kept saying that I had On the same day, we were taken been corrupted by Marian. I tried to from Sinnicolau Mare to the Timisoara prove them wrong, and showed them police, where we were asked to identify my diary which included a detailed other homosexuals in Timisoara, giving account of our relationship. My sister their names and addresses. Out of fear, threatened Marian that she would go to I gave the names of two homosexual the police. Immediately after the argu- men I knew. In the office where the ment, my sister indeed went to the interrogation took place, very many police and lodged a complaint of which police officers gathered to laugh at us. I knew nothing. Then we were taken to the The next morning, on January county police lockup. Upon finding out 20, Marian was supposed to leave our the reason for which we had been house and return to Timisoara. In the arrested, the warden of the lockup station of Sinnicolau Mare the police (known as "the karate man") jumped stopped him and took his identity on Marian, kicking him in the mouth and papers, without arresting him. Marian the stomach. He continued to kick him came back immediately to our house even after Marian fell down and lost and told me what had happened. I knew consciousness. I was only insulted and right away that we would run into trou- mocked repeatedly. ble with the police. We agreed to go Marian and I were separated. I together to the station, so that the was taken to the preventive arrest police would not humiliate us by arrest- ward for juveniles. My cell had six beds ing us at the house. On the way, we in which, during the two months I was decided to admit nothing of which we incarcerated, up to sixteen suspects at might be accused. a time slept. Before I came into the I was the first one to be interro - cell, officers told the supervising inmate gated. The investigators called me a that a homosexual was going to be put "whore" repeatedly. They threatened in the room. As a result, he told me to take me to the Forensic Institute for from the very start that I had to have a medico-legal examination of my body. sex with him if I did not want things to

11 go very badly. At first I resisted, but offered the supervising inmate packs of after a few blows, I was forced to give cigarettes and other gifts. Likewise, for in. It was the first time I was raped— the whole period I spent in preventive but not the last. arrest, my cellmates avoided touching In the course of the following my dish or spoon because I was homo- month, he forced me to have sex with sexual. other inmates as well, while the other On January 21, we were brought colleagues watched the "show". For before the local prosecutor who issued this "privilege," the other suspects thirty-day preventive arrest warrants

Note: *In November 1995, the Romanian Chamber of Deputies rejected a package of revisions to the Romanian penal code, a package which would have included amendments to Article 200— Romania’s notorious law criminalizing consensual homosexual acts between adults. As a result,

Part II. HIV/AIDS and the Persecution of Sexual Minorities

for Marian and myself. Marian was The supervising inmate of the charged under Article 200, paragraph cell forced me to give him the ciga- 2, which criminalizes same-sex relations rettes and other goods I was receiving with a minor. I, the minor, was also from home, so that he could bribe the charged under paragraph 1 of the same officers. For five weeks, my family was article, which criminalizes all consensual not allowed to visit me, against the sexual relations between persons of the regulations for police arrest. same sex. At the end of January we were We were given a court-appointed visited by a journalist from Radio attorney who said nothing in our Timisoara. She was working on a four- defense. After thirty days of incarcera- part series on sexual minorities. She tion, as a simple formality, I was taken interviewed both of us, and after the to court and asked whether I agreed to shows were aired, my parents were a further thirty days' prolongation of allowed to visit me for the first time. the arrest warrant. I said no, and told During the visit the investigator told them that homosexual rape was widely my parents that he would no longer practiced in the police lockup. allow the journalist to air shows that Nonetheless, the warrant was extended "violate the criminal code by defending "so that an HIV test could be per- a crime." He said he would make the formed" (I was not asked whether I reporter reveal the name of a man who, agreed to be tested). Upon my return on one show, had admitted he was to the lockup, the warden beat me up homosexual. in the presence of around twenty During the first month of arrest, inmates, because I had "exposed the we were taken to the Forensic Institute secrets of lockup." and the psychiatric wards of two local

12 Testimonies-Part II hospitals. The result of the psychiatric was sentenced to two years' imprison- examinations was that I suffered from ment, and I was given one. Although the "diminished responsibility", a diagnosis sentences were suspended, both of us which was given in order to help me in could be imprisoned automatically in case court. The forensic report said they of a repeat offense. could not prove that I had had sex with After all this, our legal problems another man. But both the prosecutor were not over. A newspaper had pub- and the forensic doctor insisted on dis- lished an interview with Marian in which covering "who was the passive and who he described the conditions of our was the active" in my relations with detention. After the sentence, both of Marian. us were summoned to give declarations In March 1993, I was released before the Military Prosecutor in awaiting trial, on request of my lawyer. Timisoara [prisons and police are mili - At the same time, Marian was taken tary institutions in Romania]. The pros- from police lockup to the preventive ecutor in charge of the case asked to arrest ward of the local penitentiary, as see our lawyers first, and told them his appeals for release had been reject- that he would not antagonize the whole ed. police force "for two homosexuals' Marian told me later that he had sakes"—and that, if we told the truth been taken to a cell with around ninety about our experiences, "we would inmates, and was forced to have sex regret we had ever been born." Being with many of them. Marian told me that deeply afraid, we said nothing to he had seen other inmates raped. One incriminate the police. of them, he said, was so traumatized After my release, I was expelled that he lost the ability to speak. Once, from the last year of high school, under during a religious service in the peniten - the pretext that I had missed too many tiary, Marian kissed the cross, as a days of school. In fact, teachers believer. On his return to the cell, his declared my homosexuality a danger to cellmates beat him for "defiling the the other students. Marian tried to find cross." a job, but no business would hire him. In February, the investigator He finally found employment, but had from Sinnicolau Mare, Gigi Horodinca, to give it up because of harassment published an article in the Timisoara from his colleagues who knew about his police weekly, in which our case was case. We tried to continue our relation- described with full presumption of guilt. ship, but it eventually ended because The article was picked up by a of the pressure we encountered from national newspaper, and came to the those who knew our story. attention of representatives of the In May of this year, Marian com- International Gay and Lesbian Human mitted suicide. Rights Commission in Romania. Following He killed himself because he their investigations, the Romanian Helsinki could not bear the pressure of isolation Committee agreed to hire two lawyers for and fear. I had lived with the hope that us and Amnesty International also took one day we would stand together up our case. As a result, in May 1993, again. I loved him tremendously and Marian was finally freed conditionally. could not believe I had lost him. But On June 9, 1993, our trial took destiny took away this ultimate hope. place in the Timisoara court. Solely Marian is no longer. A part of me went because of international pressure, the sen- into the earth with him: what continues tences given us were suspended. Marian to live is surrounded by hatred and dis-

13 Testimonies-Part II grace. It is too difficult to live in a soci - mony about the persecution of sexual ety sick with prejudice, which con- minorities here in El Salvador. Please demns you for things that should carry help us to stop the repression and no dishonor and cause no guilt. Marian human rights violations of any kind in was the victim of this society. I ask the world. I'm very sorry that I'm not myself why he did not believe to the there to give the testimony myself, but end in that November dream which was the United States' Ambassador denied so violently cut short. Why? my visa because he believes that I want A draft amendment to Article to stay in the U.S. and will not come 200 has now been adopted by the back to El Salvador. One of the reasons Romanian parliament. It criminalizes that I was offended by the embassy same-sex relations which take place in personnel when I came to request a public, or which "produce a public scan- visa was because they called me a dal." * The Romanian authorities pre- “mojado” in their country. Now the sent this change as a "liberalization". It ambassador is saying that it is a com- is not. mon term here in El Salvador and that Public scandal, according to the maybe I'm not familiar with the use of only definition available in Romanian this word yet, because I recently legal history, is constituted by two per - returned from the USA to El Salvador. sons expressing their disapproval of an This is not true. The word is recognized act. According to this new law, Marian in all of Latin America as a way to refer and I--who were turned over to the to some one in a racist and derogatory police by my scandalized family--would way. Now they are saying that I don't still be subjected to imprisonment and have the economic stability here or trial. Moreover, the unequal ages of social ties to come back. consent for homosexuals and hetero- For me the prevention of sexuals remain unchanged. HIV/AIDS work is more than enough The President of Romania, Ion reason to come back to my country. Iliescu, is now in New York. He is the Let me also tell you that because I was only person who has the power at this a child, I did not have the opportunity moment to change this new law. I to say NO to my family when they took appeal to him to relieve the barbarous me away from my culture and friends oppression of gays and lesbians in here in El Salvador. Thanks to the peo- Romania. I appeal to all of you to ple that I grew up with, I learned to remember their sufferings, and to act work for the betterment of my commu- to end them, in the name of my lover, nity. I understand that it is the color of Marian Mutascu. the money that they see, and not the The following text is a letter need for social work to better this world. Not even when I was beaten up written in and shot at did it go through my mind San Salvador by Wilfredo to run to the USA and seek shelter. I Valencia explaining his absence don't believe in just leaving the work that I have been doing for over a year from the Tribunal. here in El Salvador for personal, eco - nomic reasons, or because individuals To Whom It May Concern: from the death squad Sombra Negra want me to stop my work. I believe Dear panel members, please per- that we (the sexual minority) should be mit Alfredo Gonzalez to give my testi- standing up against any human rights

14 Testimonies-Part II violations and with open eyes for any were for faggots (homosexuals) and persecution of our community. Those the latex burned their sexual organs. that can help us to organize and edu- The men (bisexual and homosexual) cate ourselves in third world countries, told me that they were afraid that a please do it. I thank everyone at the condom would stay inside their anus or International Gay and Lesbian Human that it would break easily. People had Rights Commission for their support very little information about sexually given to my community here in El transmitted diseases in general. Salvador and to every one of you for I returned to El Salvador in July your time and concern. 1994 to work with the Oscar Romero AIDS Project. When I arrived in El POR UN NUEVO AMANECER ¡¡ LA REPRE- Salvador I contacted FUNDASIDA (AIDS SION CONTRA LESBIANAS Y GAYS Foundation), because the Oscar Romero VAMOS A VENCER !! AIDS Project had sent a donation of medicines. While I worked as a volun- In Solidarity, teer with FUNDASIDA, I became aware of the areas where FUNDASIDA was not Wilfredo Valencia-Palacios doing HIV/AIDS education and preven- October 11, 1995 tion, specifically with the homosexual and bisexual communities and sex workers in the marginalized areas. So Wilfredo Valencia-Palacios, that is how the Oscar Romero AIDS El Salvador Project began functioning in E1 Salvador, actively and directly with the My name is Wilfredo Valencia- highest risk communities in San Palacios. I was born on May 28, 1967. I Salvador. At the Oscar Romero AIDS am a Salvadoran by birth. My family and Project, we believe that HIV/AIDS infor- I went to the United States in early mation and education needs to reach all 1980. We moved to San Francisco, of the communities, without exception. California, and it was there that I Since we know that the homosexual learned to work with different commu- community in the marginalized zones nities. Through that work, I learned to and the sex work in whatever circumstance or need workers are which was presented to me, because not consid- my objective was and is to try to build ered to be a brighter tomorrow for our generation important by and future generations. the institu - During the second week of tions in El August 1993, I visited El Salvador. In Salvador, we the time that I was in E1 Salvador I did do our out- not see, read, or hear any information reach to regarding prevention of HIV/AIDS, even them know- though I was looking for such informa- ing the dangers that exist and trying to tion. This frightened me, because it take the necessary security measures was obvious that both male and female that we have learned through experi- prostitution was prevalent. I was propo- ence. sitioned more than 30 times and when I On October 28, 1994, as I was asked what kind of protection they leaving the Hilton Bar on Second used, the women told me that condoms Avenue in the Praviana neighborhood of

15 Testimonies-Part II San Salvador, two men grabbed me by is not transmittable like that, and that the neck and started to beat me. They in order to get it there had to be an did not identify themselves but I knew exchange of bodily fluids, such as blood that they were members of one of the or semen, between the sick person and death squads that operate in San the healthy person. I was glad to hear Salvador. It is common knowledge that this, and to know that the project's there are close ties between these educational efforts were not in vain. death squads and the Salvadoran secu- Seeing the hospital employees' nega- rity forces. These men said that what I tive attitude, they brought Thalia back was doing was against God and that if I to the Hilton Bar. They did not know didn't stop educating the faggots what to do. By the time I got there, (homosexuals) and giving them con- about 11:00 PM, there was not much doms then things would get worse for we could do. With the money I had to me. While they were saying these take a taxi home later, we bought him things to me they continued to beat oral re-hydration serum and pills for the me. When they left, they said that this pain, and we prayed to God that Thalia was just a warning, and that if I tried to would last through the night. After we look at their faces to recognize them, gave him the medications, we put wet they would kill me right then—since cloths on his forehead to reduce his killing a faggot would be doing the fever, and he slept. That day I just did world a favor. About five minutes after prevention work in the Praviana neigh- they left. I had cried from anger at not borhood. being able to do anything about it, Once Thalia was asleep, I went took a taxi and went home. home at about 12:30 AM. I walked The next day, October 29, l994, along Second Avenue to the Gerardo I came back to do my rounds, starting Barrios Park, and when I reached the at the Hilton Bar. Since I got there a lit - Northeast corner of the park, in front tle late, or later than I usually did, one of the National Palace, a black car of the sex workers told me that two pulled up in front of me. One of the men were asking for the guy who gives men inside the car asked if I was the out condoms. This frightened me, and I person who was handing out little went home. boxes of condoms, and he showed me I did not return until Saturday, a box. I said that yes I was. At the November 5, 1994, when I began to do same time, another man got out of the my rounds again. When I got to the car and shouted at me, "we already Hilton Bar, I was told that one of the told you, son of a bitch, that if you male sex workers, "Thalia” was very ill. don't stop this that we are going to kill That morning, they had tried to bring you." As I saw him reach towards his him to the public hospital Rosales for waistband I began to run. I heard 4 or 5 treatment, but the security guards gunshots, and I continued running until refused to allow him to enter the hospi- I reached the marketplace where I wait- tal. The security guards said that since ed there about half an hour, then I the sick person was a faggot and he began walking home again. When I got might have AIDS, it was better for to the general cemetery, they attacked them to stay away from him (Thalia) me again. They hit me in the chest and because just by touching him they knocked me into the wall. At the same could get AIDS. The people who were time, they hollered at me, “You think accompanying Thalia took the time to we are joking? We already told you that explain to the security guards that HIV what you are doing is against the moral

16 Testimonies-Part II of God. If AIDS does not do away with of young homosexuals, trying to edu- all of you faggots then we will! cate, inform and organize them. It was We will clean the country of all of you. out of this group that we formed the Stop this shit and we'll give you to the first group of male homosexuals known end of the month to leave the country. in El Salvador as, Entre Amigos (Among We know where you live!" I believed Friends). I became the president of the them, because we were only two blocks group by election. An employee of FUN- from my house. As one of the men hit DASIDA was the coordinator of the me, the other yelled, "do it at once, kill group, and the list of members was that faggot." At that moment, I real- kept in FUNDASIDA's files. ized that the man who was hitting me In June 1995, the offices of was not watching me for an instant. I FUNDASIDA were broken into and the got the courage to push him and run FUNDASIDA director was threatened off. As I turned the corner, there were with death by a group of men who lots of people in a party or some cele- identified themselves as members of La bration in the street, and I think that Sombra Negra, a well-known death that's what saved me from the death squad. When the FUNDASIDA offices squad that wanted to kill me that night. were broken into, confidential docu- Since that night, there have ments were stolen, and I think that been several times when those people that's how they found out the names followed me, and they let me know of the members of Entre Amigos. they were following me. They even Members of La Sombra Negra tele- followed me to the meetings we had phoned FUNDASIDA, mentioned individ- to support HIV+ people in FUNDASIDA, ual members by name, and threatened and found out this way that FUNDASI- that a bomb would be placed in the DA was working with sex workers in FUNDASIDA office on the day of the the marginalized zones. next Entre Amigos meeting. The police Starting in November 1994 , we were called to investigate the attack on began to work on a project to have a FUNDASIDA and the bomb threat, but shelter in San Salvador for people with instead of filing a report, they inquired HIV or AIDS, in coordination with FUN- about the HIV status of the men who DASIDA and the Rosales Hospital. This were in the office. We filed a report only worked up to a point, since neither with the governmental office in charge the hospital nor FUNDASIDA had the of investigating human rights violations. medical personnel available to take care However, there has been no indication of the medical conditions of the that any investigation is being pursued patients in the shelter. They wanted to by this office or by the police. see the shelter as a place where they At the time of the break in could send patients who did not want and the threats, more than 90 men to cooperate in their recovery. This was were participating in the Entre not acceptable to me. Even the families Amigos meetings. However, after of the patients did not want to help receiving threatening phone calls out when the patients passed away. and other threats as well, Entre Amigos stopped meeting because While we were trying to figure we realized that the homosexual out how to make the shelter work, community did not have the sup- FUNDASIDA was working with a group port of the Salvadoran authorities.

17 Our human rights are violated by rights and must be denounced, so the death squads and the security that the crimes that are commit- forces of our country. I have gone ted do not go unpunished. This back to working with the sex work- includes the denial of entry to ers and the homosexual community health centers in any part of the in the marginalized zones. world and the right to work on HIV Persecution of sexual minori- education free of death threats. ties is a clear violation of human

Part III. Human Rights Violations Based on Gender Identity and Sexual Orientation

San Salvador, El Salvador dom of expression and access to infor- mation, and the Anuja Gupta, India right to be treated It means a lot for me to testify equally under the at this tribunal. I bring to you years of law. The denial of experience and work of my own and these rights makes that of my colleagues and family. I this community would like to dedicate this testimony extremely vulnera- to my brother, Siddhartha Gautam, who ble to HIV and brought HIV/AIDS and gay activism to AIDS. India. If he were still alive, he would be I would like testifying today. My brother's death in to begin by reading January 1992, led me to become a testimony of a involved in issues of gay and lesbian gay man that was tape recorded earlier rights and HIV/AIDS activism. Testifying this year in New Delhi. This is what he here today is a significant step towards said: "I was taking a walk with a friend. realizing his dream and mine of creating We were talking when two policemen a safe space for sexual minorities and came, took me aside and asked me to those living with HIV or AIDS in India. give them my watch and gold chain. India currently has about two They said they would take us to the million people infected with HIV making police station and punish us. I was very it the epicenter in Asia. In the face of scared. My only thought was that they this, it is important for policy makers to can take anything they want so long as acknowledge the various ways that they leave me alone. If they had taken individuals express their sexuality. me to the police station they would There must be an understanding, have raped me. They kept repeating respect and sensitivity to the wide that they would beat me up and range of sexual orientations and behav- sodomise me. I got really scared and iours if any HIV and AIDS prevention gave them what I had in my pocket: measures are to be effective. 100 rupees and my watch. Then, they I am here today to testify about asked me to come back next month the continued persecution of gays and les- with more money. ” bians, namely, the denial of the right to This incident is not isolated but freedom of association, the right to free- an ongoing reality of gay life in India.

18 Testimonies-Part III Extortion, blackmail, rape and physical little behind, hidden by the darkness. I abuse at the hands of the police are remember the fear on the boy's face as common occurrences. Nevertheless, the cop shook him violently. Panicked cruising in public parks continues whispers. Some men crowding around because gay men have few other me, others hurriedly walking away. The options where to meet each other. look of surprise on the cop's face at There are virtually no public safe the sight of a woman when I walked up spaces for gay men such as bars or to him. clubs. As most Indians live with their Delhi policemen are not the families, there is also no privacy at safest people to encounter at any time home. of the day or night and I was scared. I Policemen arbitrarily harass men knew I might be molested, raped, beat- in public parks at night who they pre- en up, or dragged to the police station. sume to be gay without referring to Both of the policemen smelled strongly any particular law. If they do refer to a of liquor and neither was wearing their law, section 377 of the Indian Penal identification badge. Code is used, which outlaws unnatural I casually asked the policeman carnal intercourse. This British law what was going on. He replied that he against sodomy was originally drafted had been chasing the boy who was and extended to all the colonies in the doing something dirty and unnatural early 1830s. It became part of the and was arresting him under Section Indian Penal code in 1861 and remains 377. Knowing that policemen often today, even though it has been misuse this law, I pressed further about repealed in its country of origin. what exactly the boy had done. The However, gay men do not have to be policemen, though hesitant at first, said engaged in sexual activity in order to he was sucking. I told the policeman be vulnerable to police harassment that under Section 377 sucking was under this law. The Delhi police have a not a crime, and even if he were suck- motto, "With you, for you, always." ing where was the other man. It This is supposedly reassuring. But for became clear to me that the boy had gay men in India's capital it is a sinister done nothing, but had been unluckily threat. Recently, I witnessed this first the target of these drunken policemen. hand. The policeman was amazed that I con- On Sunday, November 20th, tinued to question him and visibly 1994 at 8 PM I was waiting outside became more uncomfortable. The last Nehru park. Suddenly a group of boys thing he said to me was,“ but madam, came running out of the park. you can't do such dirty things here, Anxiously, they shouted, "Run, the cops this is a public place. And no wonder are here, they've caught somebody." I AIDS is spreading.” Luckily, with a push hesitated but then decided to go take and a few verbal abuses the boy was a look. let off. The incident seemed to take Though these two incidences place in a kind of slow motion blur, but evidence arbitrary harassment of gay the images are still clear in my mind. men by the police, there has also been Two uniformed cops were armed with a well planned effort by the Delhi police sten-guns, which are sub-machine guns to arrest gay men under a “clean up that Delhi police sometimes carry. One the parks” drive. In July 1992, for policeman was holding a young boy by almost a week plainclothes policemen the scruff of his neck. The other was a acting as decoys roamed around central

19 Testimonies-Part III park, one of the popular cruising spots silence surrounding lesbians is in itself located in the heart of Delhi. They powerful evidence of the violation of approached gay men inviting them for a their rights. cup of coffee or a walk and other such Section 377 which has been seemingly harmless offers. When the used to abuse the rights of gay men men accepted, they were arrested and and lesbians is now facilitating the rapid taken to a police vehicle waiting near - spread of HIV and AIDS in India. In by. In total, eighteen men were arrest- Delhi's Tihar jail, the largest prison in ed within three days. Asia, Section 377 is being used to deny This time the police did not use prisoners access to condoms. Originally Section 377 but Sections 92, 93 of the built to house 2,500 prisoners, the Delhi Police Act for public nuisance. The prison currently holds about 9,000 pris- campaign ended with a press confer- oners according to official estimates. ence hosted by the Delhi police. At this Sixty to seventy per cent of those in press conference, the police provided prison are waiting for their trials to to the press the names and work begin which can take many years. addresses of those arrested. The controversy started in early To protest against the campaign, 1994 when doctors from the Indian the AIDS Bhedbhav Virodhi Andolan or Medical Association surveyed two ABVA, an HIV/AIDS activist group, held wards and concluded that two thirds of a demonstration outside the Police the prisoners practiced homosexual Headquarters. This was the first public acts. They recommended that condoms demonstration in defense of gay rights be distributed as an HIV/AIDS preven- to be held in India. When the officer in tion measure. However, the Inspector charge was presented with the memo- General of Police in charge of the prison randum he was unable to hide his objected, stating that consensual amusement at what he felt was a non- homosexual acts between inmates were issue. virtually unknown because the prison is Section 377 has also been used too crowded. Furthermore, she argued, against lesbians by viewing lesbian rela - since homosexuality is a crime under tionships as unnatural offenses. Other the Indian Penal Code, distribution of lesbians have been subject to gruelling condoms would be abetting a crime. questioning by families, the police and As a response, ABVA filed a pub- district officials if they make their rela - lic interest litigation in the Delhi High tionship known. Some are ostracized Court in March 1994. This petition from their localities or are constantly seeks the repeal of Section 377 and harassed. However, it is practically authorization to supply condoms to impossible to get stories of lesbian prisoners in Tihar jail. It challenges the women, their lives and feelings, apart constitutional validity of Section 377 from those of a few who have had the for violating the fundamental rights to courage to live an openly lesbian life and liberty as guaranteed under the lifestyle. There is no public discussion Indian Constitution and International of lesbian relationships except for a few human rights law. reports in the press of lesbian mar- Though there is day to day riages and double suicides. Though gay State persecution and societal dis- men are harassed by the police in the crimination of gays and lesbians, parks, they at least have access to there are positive signs that a defin - public space, something which is com- itive movement is emerging. pletely denied to lesbian women. The Beginning in 1990 many gay maga-

20 Testimonies-Part III zines, reports and newsletters have due to high suicide rates resulting from been published including Bombay this abuse or the internalized fear and Dost, Less than Gay, and Pravartak. shame of their experiences. There have also been seminars, con- Most of my childhood I was mis- ferences, TV programs, and film taken for a boy. Constantly in need of screenings. Along with these much defense for my-self expression, I spent publicized events, I know there are a lot of time hiding. I would be asked, other efforts that continue to take “Why don’t you try to look more like a place in various parts of India. girl?” I couldn’t even if I tried. Not surprisingly, as the Throughout grammar school and into emerging gay movement gains visi- junior high school, I was continually bility, state sponsored and societal abused verbally and physically by my violence against gays and lesbians is family, teachers, and peers for being also increasing. At the same time, too masculine. In my defense I fre- gay men and other sexual minorities quently needed to fight with people are particularly vulnerable to HIV and and eventually was forced out of social AIDS, as the criminalization of their activities or refused to go to events sexual behaviours and the consequent because of the stress it created for lack of self-esteem inhibits their abili - me. I became angry and rebellious. ty to make positive choices about Resulting from a background of abusive their bodies and safer sex practices. and unsupportive family members, At the fiftieth anniversary of teachers, counselors, and peers, I even- the United Nations, I appeal to the tually gave in to the depression caused leaders of the world coming to this city by these circumstances, and at the to stop the violations of the rights of sexual urging of minorities and people living with HIV and doctors and AIDS. I appeal especially to the Prime Minister teachers, my of India, P.V. Narsimha Rao, to repeal section parents had 377 of the Indian Penal Code. I also appeal me institu- to everyone present at the tribunal here, to tionalized. write to the Petitions Committee of the Delhi So in Parliament for repeal of this unjust and dis - 1981, at the crimi n a t o r y law. age of 14, I Daphne Scholinski, USA was labeled My name is Daphne. I am 29 “mentally ill” years old and currently live as an and confined artist/writer in San Francisco, California. to the psychiatric ward of Michael I am here today as a surviving, living Reese Hospital in Chicago, Illinois. I was testimony, and to give voice to the later transferred to Forest Hospital in experience of many lesbian, gay, bisex- Des Plaines, Illinois and then to the ual youth and young people who do not Constance Bultman Wilson Center in conform to traditional gender roles. Faribault, Minnesota—losing four entire Thousands of us continue to be years of my youth. I was admitted for stripped of dignity and brutalized by reasons of: depression, not adjusting psychiatric abuse in institutions or are well to adolescence, not attending struggling to survive after psychiatric school, suicidal thoughts and gestures, incarceration. I must stress Living , but most specifically, as they put it, for because many never make it this far, lacking signs of being a “sexual female”. The initial comment given to

21 Testimonies-Part III my parents was, "people in your daugh- leaving my unit, never going to the ter’s condition usually spend the rest of bathroom without someone staring at their lives in mental institutions." me (which I must add was not always My primary diagnosis was “gen- by female attendants). Stretches of der identity disorder”. Although the solitary confinement, heavy medication, American Psychiatric Association physical restraint and horror stories removed homosexuality from its official from staff became routine. Though I list of mental disorders in 1973, the don’t remember if I ever received shock U.S. mental health system remains an treatment, I witnessed it and it was one extremely hostile environment for les- of the most terrifying things I have bian, gay, and bisexual youth, who are ever seen. I lived with people who still routinely viewed by child and ado - claimed to be Jesus and angrily lescent psychiatrists as “emotionally accused me of “stealing their bones”. disturbed” and in need of aggressive The woman who lived next door to me psychiatric treatment “to prevent adult screamed over and over again “I want homosexuality.” to die, let me die!” And I was supposed The doctors attempted to “cure” to be maintaining my sanity? I was me of “pre-homosexuality” and any growing up in a mental hospital. wish, they thought I had of being a Beginning at the age of 14 and boy. This was based on assumptions continuing until I was 18 years old, I due to my “choice of clothing, friend- was in three different hospitals. I was ship patterns, and career goals.” Much subjected to abuse all around me; feel- of my so called “treatment” consisted ing deserted by my family and left in a of pressure to conform to norms of mental hospital with extremely “dis- heterosexuality and femininity. I was turbed” adults who yelled, teased and being forced to try to be more femi- abused me. One of the first statements nine. I was to become more concerned ever made to me by a patient was with my appearance, and more “obses- while I was in seclusion. She walked sive about impressing boys.” The goals right up to the little window in the set for me were: "learn about make-up; door, looked in and said, “I think I’m dress more like a girl; curl and style going to have to kill you.” I was sexual - hair; and spend quality time learning ly molested by a male in his late 20’s about girl things with female peers— while I was restrained and helplessly like, what boys like, etc. " strapped to my bed, not to mention These attempts to force me to how many times I had patients mastur- be what they thought I should be were bating around me. I was physically failing. So they saw me as a failure, I assaulted countless times by out of was never going to be a “normal control patients. Staff were sometimes female.” I was on a“point system”, and equally as violent. Restraining was received points for “good behavior” and often painful. All I would have to do is lost points for ‘“bad behavior”. You get a little angry, maybe just call some - needed these points to receive “privi- one a name, and I would get thrown to leges”; like being able to walk to meals the floor with my arm twisted so far unescorted, watch a movie, make a behind my back that I feared it would phone call, or even to shower without be broken. This was usually followed by someone watching you, or leave your a shot of Thorazine, a powerful tran- room. Having no privileges was not only quilizer that would put me to sleep for embarrassing but torturous. You had no the rest of the day, only to awaken in escape. I would spend months never seclusion, often without any memory of

22 Testimonies-Part III how I got there. A staff person once forced me to believe that I deserved it. held his foot on top of my head while The idea being that only if I changed, he said “shut up you fucking crazy ass became more feminine, more beautiful, queer,” and then yelled for help to calm more “acceptably heterosexual”, that me down because he felt I was “out of then there would be no reasons for any- control”. None of this was ever dealt one to treat me poorly, and then I would with, instead I would have to continual- no longer need to be depressed and ly be accused of insanity for my could go on to lead a “happy normal actions, while I believed I was respond - life.” I was defeated from the beginning. ing very sanely to a very insane situa - I had been sentenced to an ado- tion. lescence spent surrounded by white walls Stranded in a place where you and lab coats. Quite a punishment for a can not win, everything you do 14 year old who was really showing the becomes a symptom of something. If typical signs of growing up gay in a het- you stand or pace, you are hyperactive. erosexual society. If you sit you are withdrawn. If you say It was not until 2 1/2 years into you need help, you are looking for my treatment that my parents (specifi- attention. If you say you do not need cally my mother) became aware of the help, you are in denial. I was to explore, intent of the institution and my doctors. in therapy, my “feelings related to the When my mother said she thought I opposite sex." The goals of treatment might be gay, the doctor responded, "Oh at this time were stated as: no, don’t worry about that. We’ll take "Elimination of depression, and for the care of that.” She specifically told them patient to come to terms with herself, not to treat me for that. She believed as a sexual female.” They described my that her wishes would be respected and relationship with my best friend as "an followed. I was never aware of this con- expression of a fixated level of sexuali - versation taking place, but once you are ty that was being acted out." Nothing behind those closed doors, nobody about our friendship was out of the knows what is really going on. You ordinary. But because of my “masculine become a prisoner of that system. I can manner” we became suspect to “acting tell you my treatment never did change. gay” and presumed to be sexual, which Every hospital came with the high- we never were. They never believed us. est of recommendations, but conditions We were forced to be restricted from were grossly inadequate for an adoles- each other. We were not allowed to cent. In the first institution I was on a speak about each other, to each other; unit of approximate- we could not even make eye contact ly 30 people, and without being punished. only 4 other I would spend my entire “treat- patients were under ment” never really dealing with my 18. The rest of the depression or the symptoms resulting patients were much from the abuses from parents, teachers, older, ranging from peers, or previous psychiatric interac - the age of my par- tions. Instead I was immediately targeted ents to older than for my “sexual identity” as the problem my grandparents. and the only “thing” that needed resolu- Some patients had tion. Each and every day was reinforce- already been there ment that I WAS THE PROBLEM. The for years. There is silence around the issues of abuses no hierarchy of sani -

23 Testimonies-Part III ty. Meaning, everyone is treated the We need to create a safe space same, no matter how sane or insane you for us to continue breaking the silence are, or people think you are. I believed that has allowed this issue to be ignored this was not only my future, but my only for far too long and has prevented this future. issue from receiving the attention i t In the end my parents would be urgently requires; and that clearly iden - convinced that the hospital saved my tifies homophobic psychiatric abuse as life; after all I am alive aren’t I? While I a violation of the most basic human believe it was necessary to remove me rights. This includes: personal dignity, from my home, taking away my freedom, bodily integrity, and individual autono - dignity, and any ounce of self-respect my. was not the answer. I was dying there, I was left traumatized by homo- they killed my spirit, and no progress was phobic counseling and “treatments”. being made. I was ready to live and die Damaged, silenced, and discarded; with there, until, three years into my treat - emotional scars that will take a lifetime ment, an intern looked me in the eyes to dissolve. Being labeled and treated and said, “What are you doing here? You as mentally ill simply because of who I are so sane.” Up to that point the am has had long-term disabling effects thought never crossed my mind that I that had prevented me from speaking could be sane, they could be wrong, and out about my experiences. While some I could be free. I will never forget that have remained incarcerated in the men- moment, that spark that this woman tal health system into adulthood, and alone created in me, so that I could final - others are lost to suicide or other ly believe in myself. forms of self-directed violence, there I was finally released 5 days after are the ones who like me have been my 18th birthday, when they were silenced by shame and the overwhelm- unable to legally keep me, and conve- ing fear of being further stigmatized or niently as my insurance had run out and discriminated against as a former men- would no longer cover my “treatment”. tal health patient. When you have had In total, my treatment cost over one mil- your sanity challenged, you always have lion dollars. One month after my million something to prove. I have often felt dollar insurance policy ran out, my father so overwhelmed by the tremendous dif- received a bill for fifty thousand dollars. ficulty of surviving and attempting to Is it not totally absurd, attempting build a life in the aftermath of extreme to prove that which is not provable? The trauma. charge of insanity. No matter how hard It is now eleven years later; I you try, you cannot convince them of realize that I was not supposed to sur- your sanity. I am afraid I will have to vive. I realize that my “treatment” was wear this mark on my forehead for the designed to leave me with only two rest of my life. This scar follows me like a options: either change or do not exist. shadow, watching my every move, every Some might say change would have thought. Is it possible for anyone to been easy; I mean “act straight,” get understand what it is like to be at the discharged, and then go on with your mercy of people who at any moment can life. But it would have been at that exercise their authority, their “expert” moment of “acting” that I would have opinions, their “god complex” over you? surely lost my self. My identity would That with one swift mark of a pen, they have disappeared, and then they really can write the orders that will change would have had someone to “treat”. At your life forever? the time I chose neither, and today, as

24 Testimonies-Part III an artist approaching over 3500 paint- homosexuals learn in school, along with ings, I have chosen to exist. other things, that we are going to be raped, beaten, and tortured both by Ambition is the last refuge of the fail - the public and the police. ure. - Oscar Wilde When I was 11 years old, I moved to Istanbul, the most modern city in Turkey. Serkan Altan - Turkey When I turned 12, I started to go First, it is worth clearing up to a private school. some misconceptions about male-to- I soon realized I was an outcast. male sex in Turkey. It would not be an They started to call me names like overstatement to say that the over- "queer," "boy," "faggot," which I was not whelming majority of men in Turkey familiar with because I looked and acted have participated, or still do participate, like a girl. Things got worse when Rock in male-to-male sex. These men assume Hudson had AIDS. Then my nickname "male" sexual persona, therefore they became “AIDS”. Still I had no idea what it do not consider themselves to be meant to be a homosexual. homosexual or bisexual. Such a sugges- Everywhere I went, I was followed, tion would be an insult. taunted, and insulted. There were many Although homosexuality is not kids who would try to beat me up. I didn't illegal in Turkey, the central govern - fight back, instead I kept my distance ment has said, "it is OK to arrest any - from them. Even though I sat quietly in body who is suspected of homosexuali- the corner, my hair was pulled, my head ty because they are the cancer of our was kicked, my private parts were society and it is against our culture and pinched. Some threw balls and objects at public morality." me. Some pushed me and tried to make Aslan Yuzgun, the writer of me fall. Homosexuality In Turkey says "without There was almost no day for a doubt, homosexuals are the worst me to live my childhood with joy. treated minority in Turkey.” The worst As the years passed by, I thing to be in Turkey is to be a man accepted the abuse. I knew they were who is openly homosexual. Not only is going to hit and insult me, but I took it. it despised, it is seen as an affront to When I was 16, the head of the Turkish culture and an insult to Turkish class forced me to have sex with him. manhood. He was known as one of the strongest The police use terror and vio- guys in the school. Then he told every lence against homosexuals by permis- detail to everybody. While he became a sion of the central government. It is hero, I was emotionally and physically impossible for us to achieve any legal abused more. I was called "a man with redress. No one — including the gov- no dignity," and "disgusting queer." ernment, the police, the media — cares Some spit on my food, and I was left about how homosexuals are treated. alone in one corner. Turkey has been a huge prison for all of Every time I tried to pick up us, mostly for homosexuals. something from the floor, I felt pencils, Any boy aged 8 years or older fingers trying to penetrate me. who displays any hint of effeminacy is Things got worse and worse. very likely to be raped. Then the tor - The school bathrooms were a ture starts, especially in school. We place for the boys to gather and smoke and I was scared to go there. I had

25 Testimonies-Part III heard that other homosexuals had tied winter time. I was told, "You are a fag - up their penises so that they did not got. God will not forgive you, you are have to go to the bathroom, so I tried wasting your time." to do the same. The walls and the They took my money from my doors of the bathroom were full with wallet and said, "You are a faggot, you my name and telephone number. At can find the money from someone." night, I would try to wash it off and my They were trying to say that I could hands would hurt. make money by selling my body. They Meanwhile, I saw the pictures of even came to my house when I was gays who were arrested because of alone and sexually harassed, then their homosexuality on the cover of the robbed me. nationwide daily newspapers. The head- Just like me, gays in Turkey are lines were, "The End of a Queer, raped often by the police and the soci- Homosexual Hunt," I still remember the ety. The police arrest gays, beat them pictures. They were dropped on the up with metal covered truncheons and floor, beaten by metal covered trun- torture them. The Turkish government cheons and their heads were forcefully approves of the torture and doesn't shaved. I still remember one particular allow us to speak out. Gays are in fear picture of a transsexual whose breast all the time. implants were beaten out, covered all When I was 18, I came to the over with blood because of the torture. United States as a student. I started to I knew what would happen to me realize what happened to me and what if I admitted my homosexuality. I put is happening to the others was and is books on my head so I could walk bet- not supposed to happen. ter, I tied my wrists up with wood So I came to the point when I pieces so I would not look like a sissy. I said, "The hell with culture, the hell cried day and night, I prayed day and with tradition." night so that they would stop abusing I became an activist. The anti- me. terror law in Turkey says ,"anyone who There were so many incidents speaks against the country in or out of that caused me a lot of pain. I started the country can be arrested." Knowing to cut my arm with a bread knife in the that most writers, journalists, and shower, then used salt. I screamed, I human rights activists are imprisoned in yelled, I hit my head from one wall to Turkey, I decided to apply for political another. I tried to kill myself three asylum in the U.S. based on my homo- times. There was nobody I could talk sexuality. Last year I was granted politi - to. cal asylum. In the school, many teachers While seeking asylum, I including the president of the school researched and found a lot of informa- knew exactly what was going on. The tion about the persecution of gay peo- president even invited me to her room ple in Turkey. and asked me if I was mentally ill. She In 1989, during a police raid on implied I was homosexual. I was kicked, the houses of homosexuals, a 17 year- beaten, slapped in the face and insulted old gay boy committed suicide by by her many times. jumping from a sixth floor balcony in I prayed. I was the only one who order not to be tortured by the police openly prayed five times a day like chief who had tortured him before. Muslims do. While I was praying, I was A Turkish gay leader, Ibrahim kicked and washed by cold water in the Eren, gave a press conference in 1990

26 and he said that the same police chief ing up all this torture. had beaten transsexuals. The police We have to tell the Turkish gov- chief then stomped on their chests ernment that it is not OK to attack, until their breast implants were forced torture, and kill anyone just because violently and bloodily through the skin. they are gay. Recently, a gay festival designed to draw attention to gay and AIDS issues was banned by the central gov- Mariela Muñoz, Argentina ernment because, "it is against Turkish (Original Text) culture and public morality." Nací en 1943 en la provincia de Just like I have, gays in Turkey Tucumán, Argentina. Me bautizaron experience cruel, inhuman attacks from Leonardo. Tuve una infancia difícil the government. We can't do anything. porque ya era muy femenina. En la Gays who report police torture are escuela llamaba la atención pero me silenced or tortured more and more. querían y respetaban. Desde los 11 The Turkish government meanwhile años limpié la casa, cociné y cuidé a does a great job of denying and cover- mis hermanos. En la escuela secundaria

Judges’ Remarks ya se notaba mucho que yo era mujer y permitió adoptar a sus mellizos. Los tuvo mi papá me llevó a ver médicos. en un hospital donde la madre se registró Pregunté cómo se hacía la opera-ción con mi propio nombre. Mi matrimonio se de cambio de sexo y me dijeron que era terminó poco después, pero seguí criando imposible. A los 16 años comencé a a los chicos. ganarme la vida como tarotista. La mamá de la niña Maira comen- Así compré la casa para educar a zó a extorsionarme. Primero me pidió los diecisiete niños que adopté y crié . dinero. Luego un terreno y una casa. Las madres biológicas los abandonaban Me amenazó con denun- ciarme. o me los daban para que los criara. Cuando compré un auto para los chicos, Cuando tuve que elegir entre mis hijos me lo pidió a cambio de la niña. Cuando y un hombre, elegí a mis niños. Cuando me negué, me denunció a la policía. fueron mayores de edad, en 1981 me Poco después hubo un gran proced- fui a Chile para operarme, porque en imiento policial en mi lugar de trabajo, Argentina la operación de cambio de el 17 de mayo de 1993. Me detuvieron sexo está prohibida por la ley. Allí la y me llevaron a la Comisaría de la operación es legal, y saqué documento Ciudad de Berazategui en la Provincia chileno con nombre de mujer. En Chile de Buenos Aires. A las 2.30 de la man- me casé con un argentino. Volvimos al aña siguiente la policía se presentó en país y adoptamos en 1990 a Maira. mi casa y se llevó a Maira, y a los dos Yo conocía a la madre biológica, mellizos, Luciano y Leonardo. que había quedado embarazada y no A mí me sometieron a un largo quería hijos. Le pedí que no abortara. Ella a inte-rrogatorio, sobre mi sexo, mi vesti - cambio pidió que yo criase al bebé cuando menta, se burlaron, me despreciaron, naciera. Otra muchacha embarazada que me desnudaron. Los policías de ambos no quería tener hijos ese mismo año me sexos me obligaron a mostrar mis geni-

27 Judges’ Remarks tales como si fuera una rareza de zoo- televisión, radio y diarios. Me pregunta - lógico. Me acusaron de sustracción de ban todo. Qué siento, qué me saqué, menores y falsificación de documentos. qué me puse, qué sentí, si tengo orgas- El jefe de policía se apiadó y me envió a mos o no, si mi pareja sabía que yo era una comisaría femenina. Estuve 10 días transexual, si mis hijos lo sabían, cómo detenida. La policía ahora me trataba era mi vagina. Aguanté todo. Se probó bien, pero mi vida, que siempre fue ínti - que las acusaciones contra mi no eran ma, pasó a ser discusión pública. La ciertas, pero el juez igualmente decidió prensa publicaba grandes titulares que para la protección de los niños llamándome la mamá travesti, denun- debían ser entregados a familias susti- ciando el tráfico internacional de niños, y tutas hasta convencer a las madres dando detalles falsos y morbosos. Pero biológicas de que los recibiesen. Pedí un el público argentino no se dejó engañar régimen de visitas. Podía verlos una y recibí gran solidaridad y afecto de hora por sema-na. Los chicos me veían todos. Pasé a ser el símbolo de la madre y querían quedarse conmigo. Quiero en Argentina. Pero el juez seguía dormir en mi camita, quiero volver a la impidiéndome ver a mis hijos. quinta; mamá, quiero mi autito, no Los juzgados de minoridad y dejes que me lleven; y entonces el juez familia de Argentina están ocupados en ordenó que no me dejasen verlos nunca su totalidad por miembros del Opus Dei más. que es la organización laica que Dijo que yo era una amenaza responde a la iglesia católica. La iglesia para el equilibrio emocional de los católica ha acordado con el gobierno chicos. En Navidad fui al juzgado a lle - argentino que se le reserve influencia varles juguetes y el juez prohibió que en las áreas de educación y justicia de los chicos tuvieran nada mío. Me ame- familia. Yo todavía no sabía esto y me nazó, diciéndome que si me atrevía a esperanzaba en que me devolvieran a pasar por las veredas de las casas mis tres hijos. Los otros 17 que ya donde estuvieran mis hijos me iban a había criado venían a acompañarme y encerrar en una cárcel de hombres. salían en las radios y la televisión expli - Desde entonces no volví a ver los cando que me querían, que había sido chicos. Los vecinos me cuentan que no una buena madre, y que todos ellos están bien. Se los han dado a las eran hombres y mujeres de bien. madres biológicas que no los quieren. Me sometí a 5 pericias médicas y La madre de los mellizos fue obligada psiquiátricas y varios de mis hijos se por el juez y la familia a recibirlos, pero ofrecieron también para que quedara ella quiere continuar su vida de mujer probado que yo de ningún modo había joven y libre y se dedica a sus cosas sin influido en ellos para mal. Todas las atenderlos. Solamente obtuve negati- pericias, oficiales y extra oficiales, indi - vas del juez. Su actitud conmigo fue caban que yo era apta para la crianza y siempre despótica y despreciativa. Para que mi maternidad era preferible a la de peor, una de mis hijas de 29 años las madres biológicas y recomendaban murió súbitamente. al juez que no cortara el vínculo entre Me hice cargo de mi nieta de los niños y yo porque podía provocar cinco días a pedido de su padre. Fue un daños psicológicos permanentes. El consuelo por un tiempo pero al fin mi juez ni siquiera atendió a que los chicos yerno la reclamó y me quedé total- se consideraban hermanos, y los sepa- mente sola. Tengo el cariño de mis ró. hijos crecidos, y mis nietos, pero ellos En tanto, yo era la comidilla de tienen sus propias casas y sus familias.

28 Judges’ Remarks La quinta de mis hijitos está silenciosa. quieran. Y que nosotros, las personas Nadie juega con sus juguetes, nadie me de las minorías sexuales, no podemos espera cuando llego del trabajo, nadie tener familia, ni hijos, ni derechos. me llama diciendo mamá, mamá, lle- El amor no tiene sexo, edad ni gaste. tiempo. La Iglesia y la ley dicen que los Tengo sin embargo todo niños tienen el derecho a la vida y a ser preparado. Pago a dos caseros para que felices, pero los hacen desdichados mantengan la casa en orden cuando yo porque yo soy transexual. Pedimos que trabajo porque no puedo perder la este tribunal emita una fuerte esperanza de que algún día me los declaración sosteniendo que todas las devuelvan y en mi quinta vuelva a personas de las minorías sexuales haber risas y niños que me digan tienen derecho a formar familia y a ser mamá, como fue desde que comencé a felices y que todos los hijos de per - adoptar chicos a los 20 años. La aseso- sonas de las minorías sexuales tienen ra de menores actual solicitó al juez derecho a ser felices con sus padres y nuevas pericias psicológicas para mí y sus madres por afecto - que es mucho los chicos, pero el juez se negó a hac- más importante que la biología. erlo y ordenó que la causa, continuase. Recusé al juez, y el caso ahora está en la Cámara de Apelaciones de Quilmes, Mariela Muñoz, Argentina un departamento de la Provincia de (English Translation) Buenos Aires. Si la resolución es con- I was born in 1943 in the traria tendré que seguir hacia la Corte province of Tucumán, Argentina. I was Suprema de la Provincia de Buenos baptized as Leonardo and I had a diffi- Aires y si esta corte también se niega, cult childhood as I was very feminine. In entonces deberé ir a la Corte Suprema school I used to draw attention to de la Nación Argentina. Solamente myself, but was liked and respected entonces podré acudir a las cortes nonetheless. Since I was 11 years old, I internacionales, pero habrán pasado cleaned the house, cooked, and took muchos años. ¡Quién sabe si en ese care of my siblings. In high school it momento mis hijos se acordarán de mí! was very noticeable already that I was En 1995 pedí que me dieran a woman, and my father took me to documentos con mi sexo femenino y the doctor. I asked how sex-change con mi nombre de mujer. El juez se surgery was done, and I was told it was negó hasta a estudiar mi demanda. He impossible. By the age of 16 I started sufrido más por lo que sufrían mis earning a living as a tarot card reader. chicos que por lo que me hacían a mí. Through this work, I bought a Los traían al tribunal en patrulleros. home to raise the seventeen children Cuando ellos me llamaban les tapaban which I adopted and raised. The biologi- la boca. Ahora que ya no los veo desde cal mothers had abandoned them or hace más de un año, creo que sola- had given them to me so that I could mente me queda la opinión interna- raise them. When I had to choose cional y quiero que sepan que me between my children and a man, I quitaron a mis hijos porque soy tran- chose my children. When they became sexual y por ninguna otra razón. Y que adults, in 1981 I went to Chile to ellos y yo somos desdichados porque undergo surgery, since sex-change un juez dice que necesariamente los surgery is forbidden by law in hijos tienen que depender de las Argentina. In Chile the surgery is legal, madres biológicas aunque ellas no los

29 Judges’ Remarks and I obtained a Chilean ID with a of minors, and reporting false and mor- woman's name. In Chile I married an bid details. The Argentinean public was Argentinean man and we went back to not fooled, however, and I received Argentina together and adopted Maira affection and empathy from everyone. I in 1990. became the symbol of Argentinean I met the biological mother, who motherhood. Yet the judge continued to was pregnant and did not want chil- deny me the right to see my children. dren. I asked her not to have an abor- The benches of the family and tion. She in turn asked me to take care custody tribunals are filled in Argentina of her baby after birth. Another preg- in their entirety with member of Opus nant woman who did not want children Dei—the secular organization connect- allowed me that year to adopt her twin ed to the Catholic Church. The Catholic babies. She gave birth to them in a Church had arranged with the hospital where she was admitted under Argentinean government to exercise my name. My marriage ended soon influence in the areas of education and thereafter but I continued raising the family justice. I was not aware then of children. this arrangement, and was hopeful that Maira's mother started to black- I would get back my three children. The mail me. First she demanded money. other seventeen children that I had Then a lot and a house. She threatened raised used to come with me, and be to abuse me. When I bought a car for interviewed on the radio and television the kids, she demanded it in exchange stations, explaining that they loved me, for the girl. When I refused, she report - that I had been a good mother and ed me to the police. Soon thereafter, they turned out to be good and honest on May 17, 1993, there was a big men and women. police raid in my workplace. I was I underwent five medical and psy- arrested and taken to the Police chiatric examinations, and some of my Precinct of Berazategui, in the Province children did too, in order to establish of Buenos Aires. At 2:30 AM the next that under no circumstances had I been morning, the police came to my house a negative influence on them. All the and took away Maira and the two twins, examinations, official and extra-official Luciano and Leonardo. alike, indicated that I was suitable to I was submitted to a long interro- raise children and that my motherhood gation, regarding my gender and my was preferred over that of the biological clothing. They mocked me, derided me, mothers, and that the judge should not and took off my clothes. Police officers cut the ties between the children and I, of both genders forced me to show since that could cause permanent psy- them my genitals, as if I were an exotic chological damage. The judge did not animal in a zoo. I was accused of abduc- even consider that the children viewed tion of minors and document forgery. themselves as siblings, and separated The chief of police took pity on me and them. sent me to the women's prison. I was in In the meanwhile I was the sub- detention for 10 days. By then the ject of gossip on the TV, the radio, and police treated me better; but my life, in the newspapers. I was asked every- which had always been private, had thing. What did I feel, what did I cut become the subject of public discussion. off, what did I put on, do I or don't I The press exposed it in big headlines, have orgasms, did my spouse know I calling me the transvestite mother, was transsexual, did my children know, denouncing the international trafficking and how was my vagina. I withstood it

30 Judges’ Remarks all. It was proven that the accusations now have their own homes and fami- made against me were false, but the lies. The house of my little children is judge decided all the same that for the quiet. No children play with their toys. protection of the children, they should No one waits for me when I come be placed in foster families until the back from work. No one says, "mom, biological mothers could be convinced mom, you're back!" to take them back. I asked for visita - I have, nonetheless, everything tion rights. I was allowed to see them ready. I have hired two persons to one hour a week. The children used to keep the house in good shape when I see me and wanted to stay with me. "I am at work, because I can not lose want to sleep in my bed; I want to go hope that some day I will get my chil- back to the house; I want my car toy, dren back and my house will be full mom; don't let them take me away.” with laughter and with kids calling me So the judge ordered that I should not mother, as they have done from the be permitted to see them ever again. day I started adopting children when I The judge said that I was a was 20 years old. threat to the emotional balance of the The current warden of minors children. For Christmas, I went to the requested of the judge an order for tribunal to bring toys to my children, new psychological tests both for me and the judge did not allow the children and the children. The judge, however, to have anything of mine. He threat- denied this request and ordered the ened me, telling me that if I even dare case to proceed. I refused the judge, walk on the sidewalk by the houses due to his prejudice, and the refusal is where my children were being kept I now pending before the Appellate was going to be locked up in a men's Chamber of Quilmes, a department of jail. I have not seen my children since. the province on Buenos Aires. If the The neighbors tell me that they are decision is adverse, I will have to not OK. They have been placed with appeal to the Supreme Court of the their biological mothers, who do not province of Buenos Aires, and if that want them. The mother of the twins court also rules against me, I will then was forced by the judge and her fami- have to go before the Supreme Court ly to take them back, even though of Argentina. Only then will I be able she wants to go on with her lifestyle to appeal to the international courts, as a young and carefree woman and yet by then many years will have she dedicated little time to them. I passed. Who knows if by then my chil- only obtained negative rulings from dren will still remember me. the judge. The judge's attitude In 1995, I requested identifi - toward me was always despotic and cation documents with the female scornful. On top of it, one of my gender and with my woman's name. daughters, aged 29, passed away sud- The judge refused to consider my denly. petition. I have suffered more for my I took care of my granddaugh- children than for myself. They were ter, who was only five days old, at brought to court in police cars. the request of her father. It was a When they called my name, their solace for some time, but finally my mouths were gagged. Now that I son-in-law wanted her back and I have not seen them for more than a remained totally by myself. I still have year, I want to tell the world that the love of my grown-up children, and my children were taken away from all of my grandchildren, but they all me only because I am a transsexual,

31 Judges’ Remarks and for no other reason. And that video documentary about needle they and I are miserable because exchange as an effective method of there is a judge who claims that the AIDS prevention, and have witnessed the children must depend on their biologi- extent to which people living with cal mothers, even if those mothers do HIV/AIDS have been discriminated against no want them. And that we, the sexu- in this country. We can no longer afford to al minorities, can have no families, no sit passively by as people around the world children, and no rights. are violated. As a documentary film maker, Love knows no gender, age, or I am committed to ensuring that the voic- time. The church and the law state es of the disenfranchised are heard. These that the children have a right to life courageous speakers are among the first in and to be happy, yet my children are their countries to speak out about sexual made miserable because I am a discrimination. transsexual. We request that this tri - It is truly heartening, when we bunal declare that all individuals refuse to be overwhelmed by the enor- belonging to a sexual minority have mity of the task of fighting discrimina - a right to create a family and to be tion, bigotry, and homophobia. These happy, and that all children of sexual testimonies give us the strength to minorities have a right to be happy persevere. with their affective parents, who are They make clear that all of us in more important than the biological the international community who are ones. concerned with human rights have so much more work to do to fight the per- Rory Kennedy secution of lesbians, gay men, bisexu- in place of Kerry Kennedy-Cuomo, als, and transgendered people. All of us, especially members of the human former Executive Director of the rights community, have our roles to Robert F. Kennedy Human Rights play, beyond listening to these testi - Center monies—as exemplars, ground break- I am here on behalf of my sister ers, guiding lights for everyone involved Kerry Kennedy-Cuomo who is very in social justice. sorry that she is unable to attend. As Right now we pay tribute to a Executive Director of the Robert F. group of women and men who are Kennedy memorial and the Center for helping to stop the suffering. But, in Human Rights, Kerry has advocated for order to do justice to the bravery and the rights of sexual minorities. I am strength of the individual testifiers, here because I also believe that the we must all carry their messages to rights of lesbians, gay men, bisexuals our friends, fam ilies and communities to and transgendered people are human ensure that all people are able to live with rights and must be supported and dignity and respect. respected in every community. I have My father, Robert Kennedy once said, worked with the Center for Human "each time a man stands up for an ideal, Rights and traveled throughout the stands out against injustice or acts to world on human rights delegations. I improve the lot of others, he sends forth a have seen first hand that there is much tiny ripple of hope and, crossing each other to be done—not only internationally from a million different centers of energy and but in the United States as well. daring, these ripples make a wave that can I have recently completed a wipe out the mightiest walls of oppression and resistance."

32 Judges’ Remarks Each of you is indeed a ripple of hope exactly that. We are educated in the belief and I am glad to be with you. that heterosexuality is the correct and only way to live one’s sexuality. This approach only reinforces the kind of behaviour we have Marta Suplicy, Brazil just heard about. Federal Deputy, Member of the To try to classify or fit sexuality in any Brazilian Human Rights Commission pre-determined mold will never apprehend all the ways human beings express themselves First of all, I would like to thank the sexually. It will also lead to very strict gender organizers of the International Tribunal on roles with stereotyped behavior for man and Human Rights Violations Against Sexual woman. In this kind of vision, differences shall Minorities for the invitation to be here with have no space, and gays and lesbians will you today. I feel very honored to be part of have to lead clandestine lives. this Tribunal. An event such as this one is a Regarding sexuality, Brazil is a fundamental instrument to fight prejudice, to very peculiar country. Some years ago impose a discussion about homosexuality a transvestite, Roberta Close, was con- and also to build consciousness among less sidered a major feminine sex-symbol. informed people. During carnival it is widely acceptable We live at a time in which human for males to dress up as women. They rights have become a worldwide concern and can either parade or just dance in the are such an important issue in many streets. One of the most successful TV International Conferences. At the United interviewers is a declared homosexual. Nations Fourth World Conference on Women, As for lesbians, they were completely both at Beijing and Huairou, one of the key ignored by the press until the Seventeenth issues in the Beijing Declaration was the inclu - International Conference of Gays and sion of freedom of sexual orientation as well Lesbians, held in Rio de Janeiro last June. This as the consideration of crimes against women doesn't mean that they are accepted. As is as human rights crimes. We succeeded in the case with the majority of homosexuals in including the latter but due to the resistance Brazil, they also have to live clandestine lives, of Muslims and Catholics to admit any kind of as their jobs and family life could be impaired sexual expression but heterosexual, we are if their sexual orientation became public. As here to continue our struggle. mothers they have a hard time to maintain We have just listened to the most the custody of their children, having to deal horrid stories; we have heard not only how with jealous ex-husbands and prejudiced prejudice against homosexuality can interfere judges. in valuable work for the community, as well The lack of visibility of the les - as how homophobic behavior leads people to bian community probably has to do have attitudes that hurt the most sacred with the same discrimination that principles of the Declaration of Rights, as was affects women in general and which is done against Wilfredo Valencia-Palacios; we also reproduced in the homosexual have heard how prejudice can be used to milieu. Within the homosexual movement, imprison, torture, and jeopardize the life of a lesbians do not get as much media, and do young woman, as was done with Daphne not have the same power in the coordination Scholinski; and in the case of Serkan Altan we of the movement. have heard again how homophobic behaviour Lesbians live a daily contradiction, can violate all the rights of citizenship. because while it is socially acceptable to see The assumption that only one kind of an exchange of affection between women, sexual orientation exists is not acceptable the same isn’t true regarding their homosexu- anymore, but we are brought up to believe ality. What we see is a potential for prejudice

33 Judges’ Remarks and discrimination. right. It is a great change, because according In some parts of the country we see to the 1988 Constitution it is impossible to overt homophobia. In the city of Salvador, include sexual orientation. State of Bahia, the newspaper called A Tarde As the result of several meetings published the following headline: "Keep with homosexual groups, I presented a pro- Salvador Clean! Kill a Gay Every Day." Our ject at the International Conference for Gays weekly magazine, the equivalent to and Lesbians for the legalization of the union Time,Veja, recently published research that of persons of the same sex. Several gay and shows that 47% of the people interviewed lesbian lawyers asked to review the project would change their vote if they discovered and they made several suggestions. Next that their candidate was homosexual; 45% week it will be presented at the Brazilian would change their doctor or dentist if he or Congress. The Catholic and Protestant she were a lesbian or gay; and 36% would churches are already organizing their lobbies not hire a homosexual for an administrative with their deputies to argue against it. At position even if he or she were the best quali- the same time, homosexual groups are orga- fied person for the job. nizing to pressure their Congresspeople. Between 1992 and 1994 even with Even though our parliament is very conserva- less than reliable statistics we had 180 assas- tive, there is a chance because the Brazilian sinations of homosexuals. None of them were Constitution assures the right for liberty and solved. In our society, only a black person can equality without discrimination and the invio- have an idea of what it is to be an overt lability of intimacy and privacy. homosexual in Brazil, because they are the It is about time that the hypocritical ones who also suffer from such deep discrimi- attitude which permeates the law and soci- nation throughout their lives. ety give way to reality. It is a time for soli - During the last presidential campaign, darity, a time to build up a world where a in 1994, an important discussion was trig- diversity of opinions, races, and sexual orien - gered when the Workers Party, whose candi- tations can live together in peace. It is also a date was winning at the polls, vindicated mar- time when violations against any human right riage for homosexuals. The media went should not be tolerated. against it, there were discussions on all TV Regarding the case of Mariela Muñoz, shows and, finally, pressured by the church we should urge governments to enact laws and afraid to face voters that would be which will permit and facilitate the transsexu - against it, this item was taken off the candi - al operation. The pain, both physical and date's platform. Never mind. It was a lesson psychological, which transsexuals face, is still to learn that even with the cancellation of the very misunderstood by the general popula- proposal, discussing the issue gave much tion. In Brazil, thanks to a transvestite, and more space for both gays and lesbians to talk later transsexual, R. Close who was for years about their lives. The two inter-participative a fantasy figure for the Brazilian male popula - shows got surprising answers from the public tion and press, the public got to know about approving adoption of children by gay cou- this kind of operation and came to under- ples. stand that transsexuals are people who are This year I proposed a constitutional imprisoned in the wrong body and suffer for amendment to be included in the article that. which prohibits discrimination based on age, Some months ago, a law which per- sex, and religion to include also sexual orien - mits the transsexual operation was aproved tation. It has not been voted upon yet but in committee but still has to go to a vote. from the discussions I am having with the Up to now, Brazilian transsexuals also had to deputies, I don't see any major problem with go abroad to be able to have their true iden- its approval. They realize it is everyone’s tity. However, we still have to fight for the

34 Judges’ Remarks right to change names. Can you imagine the and homosexuals. It is not acceptable that kind of complications and awkward situations a law should discriminate and impose dif- an individual who looks like a woman, dresses ferent penalties on heterosexual and like a woman, and sometimes, as in the case homosexual sexual crimes—should they be of Mariela Muñoz is called mother by her rape or sexual relations with minors. adopted children having to show an identity Homosexuals can not be singled out as a card with a male name? special category. Additionally, the age of Laws have to follow reality and the consent for heterosexual and homosexual evolution of medicine which today permits relations should be equalized. this operation to be relatively successful. We Recently the Romanian Senate can not tolerate prejudice as it impedes passed a new draft of its penal code those like Mariela from providing shelter to which penalizes "propaganda, association, children and finding happiness. or any act of proselytism" for homosexu- The BALAY case among other als with 1-5 years imprisonment. The draft aspects is about prejudice in the workplace. should be eliminated. It is not only biased This prejudice because of one's sexual orien- but demonstrates total ignorance as to tation is sometimes in the form of denial of how people become homosexuals. In employment, lack of promotion, sexual truth, as a psychologist, I admit this is a harassment, and even firing as in the case very complex question, but sexologists of Elizabeth Lim. It is very difficult to under - and psychologists alike agree that no one stand how a human rights NGO can see only becomes a homosexual because of propa- part of humanity. ganda, association, or proselytism. The United Nations High Commission We suggest that the Council of on Refugees should investigate discrimina- Europe should review Romania's member- tion in all forms of employment. The ship status in light of its refusal to decrim - Philippine National Labor Relations inalize homosexuality. The 1994 decision Commission should act in a timely manner in the United Nations Human Rights to ensure that Ms. Lim and Ms. Committee to admit the Toonen case, Castronuevo receive reinstatement and should set an example for other countries adequate compensation, and should fully which still have this kind of discrimination. investigate all acts of discrimination based The case of the Gays and Lesbians on sexual orientation in employment. of Zimbabwe (GALZ) is another situation The Balay Rehabilitation Center where human rights— the right to orga- should act immediately to reinstate Ms. nize, to write freely, to talk, to protest— Lim and Ms. Castronuevo and to imple- are not being respected in their most ment policies prohibiting discrimination sacred aspects. When a president makes a based on sexual orientation in all aspects speech as virulent as Robert Mugabe's at of the organization's work, including the opening of a book fair whose them is employment practices. "Human Rights and Justice," saying that The case of Marian Mutascu and "We do not believe that lesbians and gays Ciprian Cucu from Romania that ends with have any rights at all," we can question Marian's suicide, permits us to see how far his sanity. prejudice, unrealistic laws, and lack of plain Such pronouncement go beyond common sense can only jeopardize the life prejudice, and coming from a head of of two human beings, as well as end the state not only legitimates but encourages life of one of them. precisely the sorts of rights violations to As constitutions and penal codes which lesbians, gays, and bisexuals are should promote gender equality the same subject to around the world. It also vio - laws should apply to both heterosexuals lates Zimbabwe's Declaration of Rights,

35 Judges’ Remarks which guarantees "freedom to hold opin- sexist and anti-homophobic sex educa- ions and to receive and impact ideas and tion in schools. Unlike the example of information without interference." President Robert Mugabe, heads of When will the day come that a state should show respect for all sexual President who pronounces this kind of minorities. Parliaments should be sensi- statement will then retract it or be tive to the plight of transsexuals by for - impeached by the people? mulating laws that will permit them to Recommendations: be who they are. From all the cases presented and all Laws that permit gays and les- the many similar others that we know of bians to have official recognition of their which violate basic human rights regarding relationships should be created. It is sexuality, we express deep concern that not possible for anyone to remain silent some of the least talked about issues in knowing that people who can only be human rights are the rights of sexual happy with same sex partners have to minorities. be clandestine about it. The possibility Taboo? Prejudice? Fear? of having a legal arrangement with a Ignorance? Lack of Interest? All of these partner will have a great impact on self combined have transformed the lives of esteem as well as provide a new gays, lesbians, bisexuals, and transgen- resource for more enduring unions. dered persons into a real hell in some Homosexuals should have a right to countries, and those individuals have inheritance, social security, and medical been forgotten in most international benefits from their legal partners. human rights conferences. They are not The United Nations made a treated as citizens but as dangerous change in the world when it took a specimens. stand on women's rights two decades We urge governments to encour- ago. The same courage and vision age unbiased information on TV, non- should be shown by the leaders of

left to right: Deputy Marta Suplicy (Tribunal Judge), Gara LaMarche (Tribunal Judge), Julie Dorf (Executive Director of IGLHRC), Jim Hormel (Tribunal Co- Chair) , and Nomtuse Mbere (Tribunal Judge)

36 Publications of the International Gay and Lesbian Human Rights Commission

• Unspoken Rules: Sexual Orientation and Women’s Human Rights. Edited by Rachel Rosenbloom. Foreword by Charlotte Bunch. A special report prepared for the United Nations Fourth World Conference on Women. Contains 31 country reports from around the world documenting human rights violations against lesbians. Available in English edition (1995). $15.00.

• Epidemic of Hate: Violation of the Human Rights of Gay Men, Lesbians, and Transvestites in Brazil. By Luiz Mott. English and Portuguese editions forthcoming (Spring 1996). $12.00.

• No Human Being is Disposable: Social Cleansing, Human Rights and Sexual Orientation in Colombia. By Juan Pablo Ordoñez. Foreword by Noam Chomsky. Available in English edition (1995). $12.00.

• The Rights of Lesbians and Gay Men in the Russian Federation. By Masha Gessen. Foreword by Larisa Bogoraz. Available in special bilingual English-Russian edition (1994). $12.00.

• Asylum Based on Sexual Orientation: A Resource Guide. Contains articles on various issues relating to political asylum for sexual minorities and people with AIDS, as well as contact lists of attorneys and organizations. Forthcoming (1996).

• Emergency Response Network Action Alert. A bi-monthly publication which goes out to over 4000 individuals and organizations worldwide. Contains current information about specific cases of human rights violations against sexual minorities and people with HIV/AIDS as well as addresses and information to mobilize protest letters. Published in Spanish, French and English. Distributed free of charge, but contributions appreciated. ——————————————————————————————————————————————————— Order Form Shipping and handling: $3.00 per book (US, Canada, and Mexico) $5.00 per book (other countries). Please indicate the title and quantity of each publication below:

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