Tunisian Authorities Pledges to Stop Forced Anal Examinations for Homosexuality

By: Adam King
Impunity Rights News Reporter, Africa

Tunisian authorities recently announced a change to compulsory anal examinations for accusations of homosexuality. Photo courtesy of Shutterstock.

TUNIS, Tunisia – Tunisian authorities recently announced that it would be ending its current practice of forcing those who face accusations of homosexuality to undergo mandatory anal testing.  In Tunisia, a judge has the power to compel a defendant accused of homosexuality to undergo an anal examination to collect evidence against the defendant. Under the new policy, defendants would be able to refuse the examination.  According to Mehdi Ben Gharbia ( a Tunisian politician), “judges can still request that a suspect undergo the test but that person has every right to refuse, without his refusal being held up as proof of homosexuality”.

The United Nations and other human rights organizations have equated the practice of mandatory anal exams to torture. In March 2016, Human Rights Watch released a report detailing instances of forceful abuse of the anal examination protocol against Tunisian citizens.  One victim recalled his experience with the examination process,

“[T]he policeman took me outside to a small garden. He hit me. He slapped me on the face and punched me on the shoulder and said “You will do the test.” The doctor was not watching, but he knew I was being beaten. The policeman pushed me back into the room and said to the doctor, “He will do the test…..He entered one finger inside my anus, with cream on it. He put his finger in and was looking. While putting his finger in, he asked “Are you ok now?” I said, “No, I’m not okay.” It was painful…Then he put in a tube. It was to see if there was sperm. He pushed the tube far inside. It was about the length of a finger. It felt painful. I felt like I was an animal, because I felt like I didn’t have any respect. I felt like they were violating me. I feel that up to now. It’s very hard for me.”

Amnesty International covered the issue of abuse against homosexual and transgender persons in Tunisia originally in 2015. In their report, they detailed the challenges that homosexual and transgender persons faced when trying to seek redress for the harms against them,

“In some cases, instead of duly investigating these homophobic and transphobic crimes – as is their obligation under international law – the police warned or openly threatened survivors, including lesbian women, to drop their complaints if they did not wish to be prosecuted themselves. In other cases police officers have exploited LGBTI people’s fears of prosecution to subject them to blackmail, extortion and, at times, sexual abuse. Gay men and transgender individuals who do not want to be arrested are often forced to bribe police officers and give up their phones or other valuables.”

While this measure will provide more protection to those accused of homosexuality, there are still some uncertainties around the proposal.  First, there is no set date when the measure will go into effect.  The policy is the proposition stage, with no indication as to how soon the measure will be enacted. The Tunisian medical council actually banned the practice in April of 2017, but that ban served more as a declaratory opinion rather than a legally binding mandate. Second, while the refusal of taking the exam is claimed to not be used as evidence against a defendant, the subjective outcomes may be different. As the victim detailed in the Human Rights Watch report, the coercion and violence can be used to compel a defendant to take the examination long before he comes in front of a judge.  This leaves an open question as to whether the change will adequately protect those accused of homosexuality. 

While much progress has been made since the coup of former President Zine El Abidine Ben Ali, the progress is still met with staunch opposition.  Tunisia is still a Muslim country that adheres to the pillars of Islam.  The measure also does not have broader implications for the acceptance of homosexuality in Tunisia. The measure for example does not make homosexuality legal in Tunisia, “Homosexuality is still punishable by three years in jail under Article 230 of Tunisia’s criminal code, which President Beji Caid Essebsi has said would not be repealed.”

For more information, please see:

Daily Mail UK — ‘Tunisia vows to ban anal examinations on ‘suspected homosexuals’ to determine if they are gay’ — 22 September 2017

Independent — ‘Tunisia medical council bans forced anal tests for homosexuality after nearly decade of abuse’ — 12 April 2017

Independent — ‘Tunisia is jailing men for having gay sex and forcing them to undergo anal exams, human rights group claims’ — 30 March 2016

Human Rights Watch — ‘Tunisia: Men Prosecuted for Homosexuality, Abuses in Detention, Prison’ — 29 March, 2016

Amnesty International — ‘Challenging Tunisia’s homophobic taboos’ — 30 September 2015

Upcoming Liberia Elections Signal New Chapter for Democracy

By: Adam King
Impunity Rights News Reporter, Africa

President Ellen Johnson Sirleaf addressing UN General Body. Photo courtesy of UN News Centre.

MONROVIA, Liberia – Democracy hasn’t come easy for Liberia: a country ravaged with civil warfare aplenty.  October 10, 2017 will mark a historic achievement for Liberia. President Ellen Johnson Sirleaf, in a speech to the United Nations General Assembly, proclaimed the achievement:

“The [legislative and presidential polls] will mark the first time in 73 years that political power will be handed over peacefully, and democratically, from one elected leader to another….Democracy is on the march in Liberia and, I believe, on an irreversible path forward on the African continent.”

Liberia has gone almost a century without a peaceful transition of power from one government to the other.  President Sirleaf’s achievement in being the first woman to be elected in a democratic election on the African continent is right on par with the anticipated peaceful transition of power.  Former United States President Barack Obama underscores the importance of a peaceful transition of power in his farewell address:

“In 10 days, the world will witness a hallmark of our democracy:  the peaceful transfer of power from one freely elected president to the next…it’s up to all of us to make sure our government can help us meet the many challenges we still face…But that potential will be realized only if our democracy works.  Only if our politics reflects the decency of the our people.  Only if all of us, regardless of our party affiliation or particular interest, help restore the sense of common purpose that we so badly need right now.”

President Sirleaf echoed Mr. Obama’s sentiments in the view that she has for Liberia going forward:

“Liberia’s transformation was powered by a world community that made a shared commitment to deliver peace to a country, and a subregion, beset by civil conflict and cross border destabilization. The UN and its partner nations were of one mind, and from that global unity, a new Liberian democratic state was born. Liberia is a post conflict success story. It is your post conflict success story.”

President Sirleaf assumed the presidency at a time when Liberia was facing stagnant development and civil war. Despite those challenges, Liberia has erected a new foundation through government restructuring and citizen engagement. President Sirleaf commented on some of the initiatives that have helped to revitalize the country:

“Further, previously dysfunctional public institutions now have the capacity to respond to the needs of our citizens through decentralized county service centers with ownership by strong local governments. And from the tragedy of the health crisis, we are strengthening our healthcare systems, prioritizing prevention and delivering capacity at the community level.”

Much remains to be seen as to how Liberia will fair upon the departure of President Sirleaf.  The local election commissions in Liberia are taking sizable precautions to safeguard the electoral process.  In addition to training for its volunteers, the government will be providing upwards of 6,000 security servicemen to assist with order on election day.  The field of candidates for the presidency is quite extensive (upwards of 20), leaving doubt as to what direction Liberia will take once the new president is elected and assumes power. While President Sirleaf has ushered in some notable achievements in here tenure, it has not all been free of scrutiny.   

The tenure of President Sirleaf herself has also been questioned by some.  Most recently, President Sirleaf proposed a law entitled the “Presidential Transition Act”.  According to the Liberian Observer, the act contained provisions related to peaceful transitioning of the government and protection provisions for the president and vice president including vehicles, security and dependent benefits. There were other parts of the law that were more controversial.  Some have argued that this bill could be used to shield President Sirleaf from charges of corruption for example.  President Sirleaf has since withdrawn the bill as of September 17, 2017.

For more information, please see:

Front Page Africa — 6,000 Security Officers to Guard Polling Stations on During Elections — 20 September 2017

Liberian Observer — Ellen Dispels Notion of Living in Fear after Tenure — 20 September 2017

UN News Centre — “Upcoming elections will signal Liberia’s ‘irreversible course’ towards democracy, President Sirleaf tells UN” — 19 September 2017

United Nations — “Focusing on People: Striving for Peace and Decent Life for All on a Sustainable Planet” — 19 September 2017

Bloomberg — Liberia Elections Body Says 20 Candidates Will Vie for President — 31 July 2017

Los Angeles Times — Read the full transcript of President Obama’s farewell speech — 10 January 2017

Syrian Activist and her Daughter Murdered in Turkey

By Jenilyn Brhel
Impunity Watch Reporter, Europe

ISTANBUL, Turkey – A Syrian activist and her daughter, a journalist, were fatally stabbed in their home on September 21st in Istanbul’s Uskudar neighborhood.

Orouba Barakat and her daughter, Halla. Photo Courtesy of BBC News.

Orouba Barakat, 60, and her daughter, Halla, 23, were found stabbed to death in their Istanbul apartment.

Orouba was a prominent activist for the Syrian National Coalition, although she was critical of some of the opposition groups. She left Syria in the 1980s and worked for some time covering economic and political affairs for Arab newspapers. She had recently been investigating allegations of torture in prisons run by the Assad regime.

Halla was born in North Carolina. She was a freelance journalist for Orient News, TRT World and ABC News. Friends contacted police when Halla did not show up for work.

In the weeks leading up to their deaths, both women had received threats from Syrian regime supporters. A Turkish newspaper, The Cuhhiryet, published details indicating there were similarities between the killings of the mother and daughter and those known to have been committed by the Islamic State.

Family members believe that the killings were perpetrated by the Assad government. Orouba and Halla had been critical of Syrian President Bashar Assad’s regime.

Orouba’s sister, Shaza, said of the killings “We accuse the Syrian regime, the gangs, because we are against the unjust government, this deadly oppressor, which has killed three quarters of the Syrians and displaced the rest, and destroyed all of Syria.”

Another relative, Suzanne Barakat, noted that the women “were vocal activists in the Syrian revolution, speaking truth to power, and raising awareness about the atrocities committed by the Assad regime.”

There have been four other Syrian journalists murdered in Turkey since 2015.

The US State Department released the following statement concerning the murders: “The United States is deeply saddened by the deaths of Arouba and Halla Barakat. Halla served as a journalist for Orient News and we remember the courageous work of her mother, Orouba, a Syrian activist who reported on the Syrian regime’s atrocities. The United States condemns the perpetrators of these murders and we will closely follow the investigation.”

Orouba and Halla had been friends with American humanitarian worker Kayla Mueller, who was taken hostage by ISIS in Aleppo, Syria in 2013 and killed 18 months later.

Before their deaths, Orouba and Halla were preparing to start a charity for Syrian women living in refugee camps in Turkey in Mueller’s honor.

For more information, please see:

ABC News – Syrian-American Journalist and her Mother, Friends of ISIS Hostage Kayla Mueller, Killed in Turkey – 22 September 2017

BBC News – Syrian Activist and Journalist Daughter ‘Murdered’ in Istanbul – 22 September 2017

New York Times – Syrian Activist and her Daughter Fatally Stabbed in Turkey – 22 September 2017

People – American Journalist and Activist Mom Found Strangled and Stabbed in Turkey: Reports – 22 September 2017

Washington Post – Syrian Activist, Journalist Daughter Found Dead in Turkey – 22 September 2017

Saudi Arabia Lifts Ban on Skype and WhatsApp

Matthew Sneed
Impunity Watch Reporter, The Middle East

RIYADH, Saudi Arabia – On September 20, Saudi Arabian officials announced that the kingdom was lifting its ban on video calling apps such as Skype and WhatsApp. Apps such as these were previously banned under the country’s Voice Over Internet Protocol (VOIP), when the government argued that it was trying to “protect society from any negative aspects that could harm the public interest.”

Saudi Arabia lifts its ban on voice internet apps such as Skype and WhatsApp. Photo courtesy of Reuters.

The decision is motivated by Saudi Arabia’s economic interests as the look to expand their revenue sources. While the countries financial strength lies in oil, it hopes the removal of the ban will spark technology entrepreneurship in the region. The nation’s Information Ministry supported the decision and stated, “Digital transformation is one of the key kick starters for the Saudi economy, as it will incentivize the growth of internet-based businesses, especially in the media and entertainment industries.”

The goal to promote long term development may damage local companies in the telecommunications industry. Saudi Telecom, Etihad Etisalat, and Zain Saudi, the three main telecom operators in Saudi Arabia, will likely see a decrease in their revenue from phone calls and texts made by the millions of expatriates in the country. Ghanem Nuseibeh, the founder of the Cornerstone Global Associates management consultancy stated, “Any phone company would rather have people using their telephone lines but this is an important message from the Saudi government that they have to move into the 21st century and not be left behind.”

Prior to its removal, Saudi citizens used virtual private networks (VPNs) to get around the ban. The VPNs tricked the computer into thinking it was someplace else so that it could access the apps banned by the nation’s internet laws. Many are happy this method is no longer needed. One anonymous international student was happy she could now easily talk to those outside the country, “It feels like we can communicate with the outside world,” because “Sometimes it felt like we had no connection here.” The ban was supposed to be officially lifted at midnight on September 21, but some citizens claim they could already access the apps on the mobile devices prior to that date.

The government still imposes tight regulations over other aspects of the internet. Websites that feature gambling, pornography, or that are critical of government actions remain banned. The country often still appears on “internet enemies”, the list compiled by Reporters Without Borders names countries who restrict internet access.

For more information please see:

BBC – Saudi Arabia to lift ban on internet calls – 20, Sept. 2017

The Telegraph – Saudi Arabia lifts ban on skype and whatsApp voice calls – 20, Sept. 2017

Independent – Saudi Arabia set to lift ban on video calling apps Skype and WhatsApp – 20, Sept. 2017

Reuters – Saudi Arabia to lift ban on internet calls – 20, Sept. 2017

Congress Considers Major Change to the Americans with Disabilities Act

By Sarah Purtill
Impunity Watch Reporter, North America

WASHINGTON, D.C., U.S. – Currently, Congress is contemplating the ADA Education and Reform Act of 2017 (H.R. 620). H.R. 620’s protestors believe it would place major increases on the burden of people with disabilities. As the American’s with Disabilities Act (ADA) stands now, owners of businesses open to the public – such as hotels, restaurants and movie theaters – must make sure their businesses are accessible for people with disabilities. When a business fails to comply with these rules, a person with disabilities can either take them to court or file a complaint with the U.S. Department of Justice.

H.R. 620 would change this process and allow businesses to delay fixing the problem for months at a time. The process under the new bill includes many more steps. These steps start with a written notice to the business owner of the inability of the disabled person to access their business. After that, the business has two months to respond and then another four months to actually begin addressing the violation. During that six-month period, the person with disabilities sees no relief.

In the 1990’s when the American’s with Disabilities Act was passed, it contained a provision that required businesses to “remove architectural barriers and other obstacles that impede access to the establishment,” according to the American Civil Liberties Union. This provision is known as Title III. The provision makes it possible for people with disabilities to have access to businesses such as groceries stores or shopping malls as well as facilities such as public restrooms and libraries.

Crowd comes together to support disability rights. Photo Courtesy of Getty Images.

The goal of H.R. 620 is to allow for businesses to opt out of Title III. By allowing businesses to opt out of Title III, the responsibility falls on the person with disabilities to make sure businesses have the proper accommodations. Essentially, the person with disabilities has to invest a considerable amount of time and effort to get the necessary accommodations from a business. Whereas, the way the bill stands now, businesses are much more likely to fix a problem sooner in order to settle cases or appease the U.S. Department of Justice.

Supporters of H.R. 620 believe that amending Title III would reduce the number of frivolous and unwarranted lawsuits. After Title III was instituted, there were many lawsuits against businesses for failure to comply with Title III. Those against H.R. 620 believe that there are many reasons for why the amendment is unwarranted.

Currently, the ADA offers free educational resources to businesses that explain how they can comply with Title III. According to Rewire, “an analysis of ADA lawsuits in 2016 identified just 12 individuals and one organization that have filed more than 100 lawsuits each.” Those who oppose H.R. 620 believe that shows most law suits are not abusing Title III. They also say that the ADA already has methods to deal with those frivolous lawsuits.

The passage of H.R. 620 will have a major impact on the lives of people with disabilities. Many believe their civil rights are on the chopping block. With 18 co-sponsors, the bill was voted to advance by the House Judiciary Committee on September 7th, 2017. Now, many wait to see if this bill will become a reality and if it does, how it affects their lives.

For more information, please see:

Romper – What is HR 620? It Could Threaten the Civil Rights of People with Disabilities – 14 September 2017

Human Rights Watch – Will the US Weaken its Disability Laws? – 13 September 2017

Action Together Massachusetts – Action: Protect the American Disabilities Act – Oppose H.R.620 – 12 September 2017

Rewire – Congress Makes Progress in Destroying the Americans with Disabilities Act – 11 September 2017

Rewire – The Americans with Disabilities Act is Under Attack in Congress – 30 May 2017