IGTA WORLDWIDE REPORTS

ARGENTINA:

IGLHRC Press Release

http://www.iglhrc.org/news/press/pr_010629.html

UN Rep Meets with Transgender Activists: Receives Documentation on

Persecution and Encourages Them To Keep Up Their Work

For Immediate Release: June 29, 2001

Contact Information: Sydney Levy, Communications Director

+1-415-255-8680, sydney@iglhrc.org

BUENOS AIRES - In a historic first, United Nations Special Rapporteur on Freedom of Expression, Dr. Abid Hussain, met June 26 with transgender activists in Argentina, to hear their stories of persecution.

The Buenos Aires gathering follows a series of meetings with UN officials in Geneva sponsored by the International Gay and Lesbian Human Rights Commission (IGLHRC) this past April. As a result of these meetings, six United Nations Experts issued a joint statement, urging lesbian, gay, bisexual, and transgender (LGBT) activists worldwide to contact them about human rights violations (for background see http://www.iglhrc.org/world/us_canada/UnitedStates2001June.html). The UN Experts are high-level officials appointed by the UN to investigate patterns of human rights abuse. They report annually to the UN on their findings, and have wide power to address governments about suspected abuses.

The gathering in Argentina was attended by representatives of three national transgender-rights organizations, as well as by IGLHRC representatives. A full list of participants is attached below. "This is a historical event for us. Let us see how our own government reacts when they learn that we were received by Dr. Hussain - because on most occasions our government will not even talk to us.," said transgender activist Belén Correa.

Dr. Hussain was presented with extensive documentation about cases of persecution against transgender people in Argentina. Participants at the meeting highlighted the difficulties faced by transgender minors, who are locked up in institutions and forced to dress and live according to society's prejudice and not in the gender with which they identify. "Persecution against transgender people should be considered by the Rapporteur on Freedom of Expression," stated Alejandra Sardá, "since at its root cause this persecution aims at penalizing and silencing, even by means of cold-blooded murder, the transgender person's right to self-expression." Sardá presented the Rapporteur a brief about the Argentinean laws that criminalize "wearing clothes of the opposite sex." These laws, with penalties of 15 to 40 days in prison, exist in every province in Argentina, with the exception of the Federal Capital. Dr. Hussain was given additional documentation and was asked to intervene in a number of urgent cases, including that of Diana Sacayan, a transgender activist who was arrested February 14 in the City of Don Bosco, Buenos Aires Province, and who remains to date in indefinite detention, without benefit of even a preliminary hearing on her case. While in prison, Sacayan has been denied food for days in a row; has been forced to share the space with male inmates; and subjected to verbal and psychological abuse by guards, mostly centered around her gender identity (see http://www.iglhrc.org/world/southamerica/Argentina2001Jun.html)

"These documentation would have been impossible to gather without the exceptional and courageous work of Argentinean transgender activists who day after day put their bodies on the line, facing police abuse and a judicial system set on ignoring the abusers while criminalizing its targets," added Sardá. Dr. Hussain concurred and committed himself to include some of these cases in his next UN report. Dr. Hussain told the participants: "I have listened to many painful stories during my visit [to Argentina], but your situation is the hardest. You all have my sympathy and also my admiration because you are courageous, you are strong, you are united among yourselves and you are fighting back." Dr. Hussain encouraged the activists to keep up their human rights activism. He added: "It is a pity that there are so many cultural and societal prejudices against you. Eradicating cultural prejudices is the hardest task there is. You will have to pass through fire to survive, but I have no doubt that you will." Transgender activist Lohana Berkins stated that "we are very ahead of the time when we lived in hiding, thinking ourselves half-human, incapable to interact with society. Now we go everywhere, we talk to everybody, and we have no doubt that we are humans and entitled to all human rights. And we do this without losing what makes us unique: our
sense of humor, our flamboyancy, our trans perspective."

Present at the June 26 meeting in Buenos Aires were: Dr. Abid Hussain (UN Special Rapporteur on Freedom of Expression), Lohana Berkins (Fight for Transvestite and Transsexual Identity Association, ALITT), Valeria Bravo (Transvestite and Transsexual Organization of the Argentine Republic, OTTRA), Belén Correa (Association of Argentinean Transvestites, ATA), Silvia Delfino (Queer Studies Area at Buenos Aires University), and Alejandra Sardá and Luciana Kerner (both representing IGLHRC). For additional background information, see "The Rights of
Transvestites in Argentina" at http://www.iglhrc.org/news/factsheets/Argentina_trans.html. IGLHRC is a US-based non-profit, non-governmental organization that works to protect and advance the human rights of all people and communities subject to discrimination or abuse on the basis of sexual orientation, gender identity, or HIV status

END

 

 

FEARS FOR JAILED ACTIVISTS SAFETY

IGLHRC

March 2000

On Wednesday, March 1 2000, transvestite activist and street sex worker Marlene Guayas was arrested by two policemen as she was resting in her house. The officers belonged to the divison of Public Security and the alleged cause for the arrest was a 1998 complaint about "resistance to authority". (Judge Horacio Azzolin has jurisdiction over this pending case. Marlene is being represented by Public Defense Office No. 5, headed by Dr. Silvia Mussi.

As female and transgender street workers have repeatedly testified over the years, "resistance to authority" is usually invoked by olice officers when their orders are not inmediately obeyed or when they are called to account for their own abusive treatment. As an activist who has been organizing her peers in Buenos Aires "red zone," Marlene has confronted police officers innumerable times, in the course of defending transgender people's rights to freedom of movement, work and respectful treatment from public officers.

On Friday, March 3, Marlene was transfered to a jail facility located in Ezeiza, Buenos Aires province. Activists have tried to provide her with food and warm clothes, but they have not been allowed to do so. hey were able to talk to Marlene on the phone, and she mentioned that "a good cop" is giving her a sliceof bread and a cup of "mate cocido" (a local hot beverage) twice a day -and that is all she is allowed to eat. Bailing her out will cost U$S 200, a sum that her activists and friends have not yet been able to raise.

IGLHRC is gravely concerned for Marlene Guayas' safety in prison,as well as with the conditions in which she is held. While in jail she is entitled to dignified treatment--including adequate food and clothing, and the right to receive visits from her friends and other activists. Such basic rights should not depend on the grace of individual officers: they should be general and guaranteed. As a signatory to the American Convention on Human Rights, the Argentinean government is responsible for the well-being of inmates in prisons and jails. Article 5 of that Convention affirms that "All persons deprived of their liberty shall be treated with respect for the inherent dignity of the human person." The International Covenant on Civil and Political Rights, to which Argentina is also signatory, holds in Article 10.1 that " All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person." The International Convention Against Torture also mandates in Article 16 that "Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article 1 when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity."

We urge you to write inmediate letters to the following authorities demanding that the Argentinean government fulfills its elemental duty, providing Marlene Guayas with adequate food and clothing, and visitation rights for the length of her imprisonment. It is also important to let the authorities know that the international community is watching to see that her right to a fair trial is respected.

Please write NOW to

Dr. Ricardo Gil Lavedra

Minister of Justice and Human Rights

Sarmiento 3295,

Buenos Aires, Argentina

Fax 54 11 43 28 60 39

Ms. Patricia Bullrich Secretary for Criminal Policy and Penitentiary Issues

Sarmiento 3294, Buenos Aires, Argentina

Fax 54 11 43 38 73 21 ext. 2413

 

Dr. Diana Conti

Secretary for Human Rights

Leandro N. Alem 150 PB, Buenos Aires, Argentina

Fax 54 11 4343 23 26

You can also send these officials email messages by entering the Ministry of Justice's web page (www.jus.gov.ar)

Please send a copy of your faxes or emails to ALITT (Asociacion Lucha por la Identidad Travesti Transexual) alitt@arnet.com.ar


The IGTA site is hosted by Suzanne Gallagher


Index to Countries

ARGENTINA

BRAZIL

EL SALVADOR

ESTONIA

GREECE

HONDURAS

LATVIA

MEXICO

NEW ZEALAND

ROMANIA

RUSSIA

TURKEY

UNITED KINGDOM

USA

 
1