Category Archives: study

Burundi|I love my country but my country does not love me. The situation of LGBTI persons in Burundi2003-2013..

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MOLI, an LGBT organization based in Burundi, just released “I love my
country but my country does not love me: The Situation of Lesbian,
Gay, Bisexual, Transgender and Intersex Persons in Burundi
(2003-2013).” a report on the situation of LGBTI persons in Burundi.
The report was written by Irwin Iradukunda, Human Rights Defender,  in collaboration with Jean Regis Ninteretse, Christian Rumu and Star
Rugori; and translated into English by Stefan Sonnenberg, Interim
Director of the International Human Rights and Conflict Resolution
Clinic at Stanford Law School, in California, USA.
To recap, during the months of November 2013 to February 2014, MOLI
conducted a research on the evolution of Human Rights of Lesbian, Gay, Bisexual, Transgender and Intersex in Burundi over the period
comprised between 2003 and 2013.
This report, the first of its kind in Burundi, retraces the birth of
the LGBTI movement in Burundi, its growing, key facts that marked the
movement for the human rights of LGBTI people in Burundi, and the
situation of LGBTI and people presumed as such; all with a
consideration of the international context, the political, the legal,
the economic, the social, and cultural contexts of Burundi.

Chris Rumu and Yves Aerts (LGBT federation çavaria) in the Belgian Parliament - 2010

Chris Rumu and Yves Aerts (LGBT federation çavaria) in the Belgian Parliament – 2010

This report contains as well recommendations to improve the respective interventions by various stakeholders towards the sexual minorities, in Burundi.
Please download the report here.
In 2010 Chris Rumu was invited to Belgium by WISHvzw, watch the video -partialy in dutch-  made during his visit here or read the Humure Blog on the remarkable work done during this short visit here.

 

RAINBOWREFUGEES: wet by the rain.Missed opportunity on the impact of unenforced anti same-sex law

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Today, the International Commission of Jurists (ICJ) published a commentary, analysing in detail the 7 November 2013 judgment of the Court of Justice of the European Union in the joined cases of X, Y and Z v. Minister voor Immigratie en Asiel, which arose from three asylum claims in the Netherlands in which the applicants asserted a well-founded fear of persecution for reason of their sexual orientation.

You can download the commentary X, Y and Z: a glass half full for “rainbow refugees”?’ here: http://www.icj.org/x-y-and-z-a-glass-half-full-for-rainbow-refugees/.

Positively, the Court found that asylum applicants who have a same-sex sexual orientation and come from countries where consensual homosexual conduct is criminalised, form a particular social group for the purposes of EU refugee law. Further, the Court’s recognition that sexual orientation is a characteristic so fundamental to one’s identity that one cannot be expected to renounce or conceal it, or to exercise greater restraint in its expression than heterosexuals, is welcome. Likewise, the Court’s finding that the enforcement of a term of imprisonment that sanctions consensual homosexual acts must be regarded as a disproportionate or discriminatory punishment, and is thus persecutory, is a step forward, particularly given that in some EU countries this was hitherto not the case.asylum fortune lotery

However, in some important respects this judgment represents a missed opportunity. The Court failed to clarify the inconsistency between secondary EU refugee law and the UNHCR’s authoritative interpretation of “a particular social group” in the Refugee Convention’s definition of a refugee. Further, in choosing to maintain the narrow scope of the questions referred to it, the Court ended up with an unwarrantedly restrictive reading of EU refugee law, which ignores the numerous persecutory effects of criminalizing consensual same-sex sexual orientation or gender identity. The Court missed a chance to state that these laws, even when they are not enforced in the sense that there exists a recent record of enforcement through the actual imposition of terms of imprisonment, have a persecutory effect, as they criminalize an essential characteristic of one’s identity.

Source: Laurens C. Hueting – ICJ

US State Department Countryreports 2013 OUT NOW

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WISH2.be used the report-builder on the website to quickly gather all the executive summaries and Sexual Orientation and Gender Identity sections for the 49 African countries reported on.
Download your starting point here, or build your own report and share it with us, including your comments and criticism. We value different opinions.

Read Secretary J.F. Kerry’s Preface:
As we mark the 65th anniversary of the Universal Declaration of Human Rights this year, the Country Reports on Human Rights Practices highlight the continued pursuit of “free and equal dignity in human rights” in every corner of the world. Based on factual reporting from our embassies and posts abroad, these Congressionally mandated reports chronicle human rights conditions in almost 200 countries and territories. The reports draw attention to the growing challenges facing individuals and organizations as governments around the world fall short of their obligation to uphold universal human rights.

I have seen firsthand how these reports are used by a wide range of actors – by Congress in its decision-making processes surrounding foreign security sector assistance and economic aid; by the Department of State and other U.S. government agencies in shaping American foreign policy; and by U.S. citizens, international nongovernmental organizations, foreign governments, human rights defenders, lawyers, journalists, scholars, and others who are committed to advancing human dignity.

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