|
|
 |
The International Gay & Lesbian Human Rights Commission bills itself as the 'Amnesty International' for sexual minorities. Why is it silent when queer people are jailed, tortured, and killed?
By
Bill Andriette
What would Oscar Wilde have thought? Suppose the
brilliant author, broken by the time he spent in an
English prison for sodomy, were returned from the
dead and plunked down in New York last May 28th.
Once Wilde
got used to the light of a gorgeous spring day, and
oriented himself to the late-20th century American
city, he would want to catch up on the news of his
kind. Brace him for the shock of the Nazi
concentration camps, the
post-War anti-homosexual crusades, the plague of
AIDS. But today, he would find out, everything was
changed. Explain the rules of safe sex, the miracle
of protease inhibition. Troubles aplenty persist in
the world's
unenlightened parts, but people are working hard
to correct them. Why, that very evening, he might
care to venture to a Soho reception, thrown by the
International Gay and Lesbian Human Rights
Commission, for which activists had
been flown in from around the world to celebrate
the advances of just the past year. Wilde would be
surprised to see the corporate endorsements, the
politicians and lawyers piling out of cabs, gladly
forking over $100 a ticket to
see and be seen coming out for a good cause. Even
Wilde's fertile imagination couldn't foretell the
horrors in the century after his death-- and now,
the unbelievable progress. A cynical wit he may be,
but can't you just see, as
the crowd roars with a standing ovation, our
resurrected Oscar Wilde struck speechless, a tear
rolling down his cheek?
<
P>Guess again
A touching picture, but a false one. For the
sponsors of that evening's ceremony, the
International Gay and Lesbian Human Rights
Commission (IGLHRC), would not lift a finger to
defend Oscar Wilde from
the charges that sent him to hard labor at Reading
Gaol. Nor does IGLHRC protest the sentences that
judges impose today on the likes of Walt Whitman,
Andrˇ Gide, Paul Goodman, and Langston
Hughes.
Indeed, Oscar Wilde was lucky to face the
charges he did-- sex with teenage boys-- at the
end of the 19th century rather than the end of the
20th. For his "crimes," Wilde received two years in
prison. In
America today, Wilde would suffer up to life
imprisonment without parole in many jurisdictions.
If released, the late-20th century Wilde would be
tracked for life on a sex-offender registry. After his
sentence, he could be subject
to lifetime confinement in a mental hospital. In
some US states he would face mandatory lifetime
parole. He would probably be labeled a "sexual
predator," forced to report to the police every 90
days for life, with his home
and work addresses broadcast on TV or distributed
by police on posters. He could be subject to electric
shock "therapy" and lie-detector tests to reveal the
nature of his fantasies-- and sent back to prison if
he "failed." He could
be forced to wear electronic bracelets or computer
chips in his body, be prohibited to travel beyond a
30-mile radius of his home, restricted in his
associations, forced to take known carcinogens for
chemical emasculation, or
be physically castrated.
IGLHRC bills itself as the Amnesty
International for sexual minorities. But in eight
years of campaigning, it has never noted-- let
alone opposed-- any of these human rights abuses.
On the contrary,
IGLHRC curries favor with some of the same
governments pursuing this repression.
If a gay partnership law is proposed in Brazil
or a homophobic official wins a UN award in
Zimbabwe, IGLHRC is quick on the draw, with
publicity and protest. But in the rich West, when gay
men have
been unjustly imprisoned by Western
governments-- and in one case, probably
assassinated-- IGLHRC has remained silent. It's
hard to grasp that a lesbian and gay group
supposedly devoted to human rights would abet the
jailing, censoring, mutilation, torture, and killing of
homosexuals. What's the story?
From Argentina to Zaire
Based in San Francisco, the International Gay
and Lesbian Human Rights Commission was
founded in 1990. Despite its official-sounding
name, the group is private. It has grown quickly--
last year, its
budget was around $700,000, almost double the
year before, and it has a staff of 12. In 1997,
IGLHRC paid Julie Dorf, its executive director,
$50,000.
IGLHRC documents and publicizes rights
abuses, particularly in poor countries, and sponsors
letter-writing campaigns and fax-zaps to let
officials responsible know that people are watching.
IGLHRC
gives support and advice to gay, lesbian, and AIDS
groups around the world, and encourages sodomy
decriminalization and other law reform. IGLHRC has
prepared detailed studies on a number of poor
nations where
sexual minorities face particular repression, and
offers technical assistance for lawyers in rich ones
who work on gay and lesbian asylum cases.
In recent years, IGLRHC has addressed such
incidents as: the possible infection of homosexual
prisoners in Peru, who were forcibly tested for HIV
with dirty needles; a police raid of a gay and lesbian
bar
in Halle, Germany, where patrons were handcuffed
for up to four hours and strip-searched; the
prosecution of two 17-year-old males in Romania
for sodomy; unsolved killings of gay men in
Mexico; arbitrary arrests and
assaults of transvestites in Argentina and Turkey;
the arrest of gay bar patrons in Ecuador and the
rape of one while in police custody; attempts by the
city of Tokyo to bar homosexuals from youth
hostels; the award of a UN prize to
a Zimbabwe official who banned homosexuals from
a Harare book fair.
But there's a pattern to the cases that IGLRHC
hasn't addressed:
* severe human rights abuses in rich, Western
nations-- including new laws targeting people
accused of consensual sex that call for long-term
imprisonment, psychiatric confinement, physical
mutilation,
and restriction of the rights of free association,
movement, and expression
* the imprisonment, psychiatric confinement,
and mutilation of persons, including youngsters,
who have had sexual relationships with minors
* and the censoring, imprisonment, or killing
of gay activists who voiced an expansive view of
sexual liberation
IGLHRC's apparent focus is on selling the idea
of human rights for a narrowly-defined class of
self-identified lesbians and gays. When people
imprisoned, tortured, or killed because of their
sexuality don't serve
IGLRHC's purpose, they are ignored.
Parisian intrigue
Take the case of Pastor Joseph Doucˇ,
an
openly gay Baptist minister in Paris, and one of the
founders of the International Lesbian and Gay
Association. Doucˇ's Centre du Christ
Liberateur
was a ministry to
sexual minorities. It organized support groups
around homosexuality, sadomasochism, pedophilia,
and transsexuality, and published a well-regarded
series of books on these topics. Doucˇ also
founded a bookstore in Paris,
Autres Cultures. Police say they began surveillance
of the store because Doucˇ was selling
books that
were an "apology for pedophilia." Doucˇ
became a
target of investigation by the Renseignements
Genereaux (RG), a branch
of the French national police that gathers
intelligence on political subjects. The RG had a
reputation for shady dealings. It was linked, for
example, to the bombing of the Greenpeace ship
Rainbow Warrior, used to protest
French nuclear testing. During the summer of 1990,
Doucˇ's center was subjected to break-ins
and
surveillance. According to his lover, on the evening
of July 19, 1990, two men in plainclothes knocked
on his door, said they
were police, showed a badge, and took the pastor
away for questioning.
Except by his killers, Doucˇ was never
seen
alive again. His mauled and decomposed body was
found in October 1990 in a forest southwest of
Paris. The police did not release the corpse for a
year and a half.
It was needed so long, they claimed, for the
criminal inquiry. Skeptics wondered whether the
cops were trying to cover up evidence of torture. An
investigation showed that the Paris police kept a
thick file on Doucˇ, and
had conducted extensive illegal wiretaps. The
French interior minister disbanded the RG partly as
a result of the ensuing controversy. But the murder
has never been solved.
Editor imprisoned
Another case in which IGLHRC was silent:
Francesco Vallini was an editor at Babilonia, Italy's
national gay and lesbian magazine. He joined
Babilonia's staff shortly after they published an
essay describing
his life as a gay high school student. Vallini also
helped found Gruppo P, a pederast discussion
group, and he edited its newsletter. Police surveiled
the group's mail, and in April 1993 raided Vallini's
home and the offices
of Babilonia. In July 1993, they arrested Vallini on
vague charges of "conspiracy to commit crimes"
and of alleged sex with minors. Babilonia's protests
that Vallini was purely a political prisoner fell on
deaf ears. Conditions
at Milan's overcrowded San Vittore prison were so
bad that Vallini went on a hunger strike in late
1994 to protest, and had to be hospitalized. When
authorities finally held a trial, they dropped the sex
charge, leaving only
a conspiracy count, based on Vallini's organizing,
writing, and publishing. Vallini was convicted, but
released in summer 1995, pending appeal. After his
conspiracy conviction was upheld by a higher court
and Vallini
was ordered back to prison, he fled Italy, and now
lives in exile.
Italy's jailing of Vallini was protested in a
draft of a report prepared in 1995 by the
Committee to Protect Journalists, a New York-based
group which documents human rights abuses
against members of
the press. But the CPJ dropped Vallini's case from
their report's final version. "His treatment was
extremely unfair as it was handled by the Italian
court," says Jeanne Sahadi, a CPJ spokesperson. "But
it didn't meet our criteria
as closely as we wanted." Vallini's case fell victim to
the skittishness mainline human rights groups
show around queer issues. IGLRHC was founded to
counter that timidity, but though encouraged to
take action, the group
never criticized Vallini's imprisonment.
Canada denies asylum
One of IGLRHC's special concerns is securing
the right of political asylum for sexual minorities
who face rights abuses in their home countries. Yet
IGLHRC ignored a case where Canada broke
established rules of international law to return a
man to the US to serve a 21-year sentence for
sodomy.
Today, Henry Halm is locked in a New York
prison. In 1993, before he was sentenced for
consensual sex with two youths, ages 15 and 16,
Halm skipped bail and fled to Canada, where the
age of consent is
14. It's an established principle of international law
that people can't be extradited to their home
country for prosecution unless the act in question
is a crime in the host nation. Canadian authorities
arrested Halm anyway.
Canada's sex code criminalized anal sex for
persons under 18, even though it set 14 as the age
of consent for every other sex act. Halm was
accused of anal sex with the youths. With Toronto
attorney Paul Slansky working for him
pro bono, Halm challenged Canada's discriminatory
age of consent-- and in February 1995, he won.
Halm's victory secured the right for all Canadians
above 14 to have anal sex. But Canadian authorities
argued that Halm
should be extradited anyway, on a technicality of
immigration law-- that he had not informed
authorities he was a fugitive when entering the
country. Canada handed Henry Halm-- a former
mayoral candidate in Elmira, New
York-- back to his US captors.
There are countless other important cases on
which IGLRHC has been silent. A few of them
include:
* a life sentence imposed in 1984 on Bernard
Baran, an openly gay 18-year-old charged in a case
of alleged "Satanic abuse" at a Massachusetts day-
care center, where there was no physical evidence
of any
crime and manifest homophobia throughout the
police investigation
* a 1998 California Supreme Court ruling
upholding the statutory rape conviction of a 16-
year-old who had consensual sex with a 14-year-
old, in which the court declared that persons under
18 have no right
to sexual privacy
* a California law that requires the chemical
or physical castration of persons after a second sex
offense involving someone under 13. The law,
which applies to minors, would require the
castration of a
13-year-old boy convicted a second time of
consensual sex with a 12-year-old, and would
allow a judge to impose that penalty after a first
offense.
* twenty-one life sentences, not concurrent,
imposed in Nevada in 1979 on Robert Butler,
despite pleas from his alleged victim, his 13-year-
old partner in an acrobatic circus act, who said the
relationship
was consensual
* the indefinite incarceration in Kansas of
Leroy Hendricks, who served ten years in prison for
fondling two clothed teenage boys in a public place,
but who has continued to be held since 1994,
despite completing his sentence. The US Supreme
Court upheld a Kansas law in 1997, now being
replicated around the Western world, which allows
for lifetime incarceration for people the state deems
"likely" to have illegal sex
in the future-- whether or not they've ever been
convicted of a crime.
No litmus test
IGLHRC insists that it does not let Western
governments off the hook, or exclude young people
from its purview. IGLHRC has indeed cited rights
cases in the Western world-- it opposed the UK's
unequal age of consent,
and has criticized US immigration policies that
adversely affect people with AIDS. IGLRHC has
protested rights abuses committed against young
people. It defended a Romanian youth, age 17,
from sodomy charges
stemming from sex with an age mate. In a 1994
position statement, IGLRHC declares that
"Acknowledging the difficulty of precisely defining
the point at which a child becomes a consenting
adult, given both differential processes
of maturation and differential cultural norms, we
underscore our collective responsibility to always
act in the best interests of the child, and to ensure
that due weight shall always be given to the views
of the child in
accordance with the child's age and maturity.
Moreover, we recognize the responsibility of adults
to provide a supportive and non-coercive
environment for children." When it comes to
homosexual relationships involving adolescents
and adults, Sydney Levy, IGLRHC's program
director, says the group may have addressed a few
such cases, though he grants he cannot name any.
Nor could anyone looking over IGLRHC's public
record.
But IGLHRC's criticism of Western
governments has been milquetoast. In its review of
the most important cases of 1997, IGLHRC cites the
US government only for biases in its immigration
policies.
Matters of imprisonment, mutilation, and denial of
due process are neglected. IGLHRC says it is ready
to consider any issues that are brought to its
attention. But when activists have asked IGLRHC to
speak against
California's castration law and the Hendricks ruling,
and sent along substantial background information,
the human rights group didn't reply.
IGLRHC has shown that it will do the bidding
of Western governments. To meet the conditions
laid down in an 1994 Congressional amendment
written by Sen. Jesse Helms, IGHLRC pushed
successfully
for the expulsion from the International Lesbian
and Gay Association (ILGA) of three member groups
that focused on intergenerational relationships. In
exchange, the US promised support (though it later
reneged) for
ILGA's bid for consultative status on a UN council.
At the same time, IGLHRC's director campaigned to
have pederast groups barred from the Stonewall 25
march in New York.
IGLRHC did not need to seek the expulsion
from ILGA of Centre du Christ Liberateur. The
organization had folded after Joseph Doucˇ
was
murdered killed-- probably for same reason that
IGLRHC
would have demanded he be purged.
Doctors of the body politic
"Are other lesbian and gay groups dealing
with these issues?" Joe Collins asks exasperatedly
when queried about IGLHRC's silences. A writer on
global food policy and economic development,
Collins sits
on IGLRHC's board. The question suggests how
deeply IGLRHC misunderstands the meaning of
human rights, and the responsibilities of those who
work to defend them.
Human rights activists are like doctors--
obligated to home in on what threatens a person's
health, which are not necessarily the problems that
are most obvious or easy to treat. There is no part
of the body
so marginal that it can be left festering with open
sores. A body is only as healthy as its sickest part.
Human rights are not divisible, any more than the
flesh. By definition, human rights cannot be
secured for some people and
not for others.
Dealing politically with young people's
sexuality is a mine field. The Western world is
engulfed in a campaign of demonization. Officially
the targets are "pedophiles" and a widening
category of
"sex-offenders." But the new repression extends
over what has been historically a large proportion
of same-sex relations. This demonization is partly
the price being paid for the sexual liberalization
that has occurred throughout
the West in the past generation. Mainline human
rights groups resist dealing with sex. It took ten
years of lobbying for Amnesty International to take
cases of adults imprisoned for same-sex relations,
and even then, AI
officially pegs it as a low priority. But to pursue
human rights for sexual minorities on the basis of
what Western governments or human rights groups
are prepared to support ignores the reality of the
abuses going on today.
And not just today. Research conducted by
John Fout, a historian at Bard College, suggests that
the Nazis did not target homosexuals per se for the
death camps. Middle and upper-class German
homosexuals who kept quiet-- and who were not
Jewish, Gypsy, or disabled-- fared about as well as
other Germans. The Nazis targeted mainly two
kinds of homosexuals: working-class men caught
having public sex, and men of any
class caught in relationships with minors. The latter
would often be sent to concentration camps after
completing their prison sentences. Based on its
record, IGLRHC would only quibble with the Nazis'
assessment of
which homosexuals deserve to live in society.
Sexual relationships between older and
younger people may not be much more tolerated
today in the West than in Nazi Germany, but they
have been the predominant form of homosexuality
in most of the
world throughout history. This is true for Islamic
societies, Melanesia, Japan, many Amerindian
cultures, and ancient Persia and Greece.
Homosexuality bundled in lesbian and gay identity
covers only a small portion of
same-sex relations going on in the world today,
and a minuscule portion of those in history. If
lesbian and gay people's lives have value, it is
because of the essential value of same-sex love
and solidarity in its varied forms.
Claiming to defend human rights, but using
them merely as a political tool, does double injury.
It hurts those put beyond the pale by political
convenience. And it perverts an essential value of
the concept
of human rights: as a court of last appeal for the
demonized and despised.
In another time and place, Leroy Hendricks,
now locked indefinitely at Larned State Hospital
because Kansas thinks he is "likely" to have illegal
sex, could plead that he was also a pious Christian
or subject
of Allah. Henry Halm, sentenced to 21 years for
sodomy, could plead the good deeds of his
ancestors. Joseph Doucˇ, facing his
assassins,
could name the village elders who would vouch he
was an honorable man.
In the modern, anonymous world, large
institutions-- police, psychiatry, media-- have
extraordinary power to determine people's lives.
The individual's claim to basic humanity is a crucial
and sometimes
final counterweight. For those demonized because
of their sexuality, asserting that humanness may
not save their lives or set them free, but it is their
last possession, their last stand. IGLHRC may blind
itself in the name of
winning access to the UN, cooperation from
Western powers, or a stronger hand with which to
right wrongs in the Third World. Whatever the
reason, IGLHRC connives to remove the last barrier
separating an Oscar Wilde, a
Leroy Hendricks, a Joseph Doucˇ, or a Henry
Halm
from the status of beasts at the slaughterhouse or
inmates of the camps.
| Author Profile: Bill Andriette |
| Bill Andriette is features editor of
The Guide |
| Email: |
theguide@guidemag.com |
You are not logged in.
No comments yet, but
click here to be the first to comment on this
Magazine Article!
|