French Government Plans to Legalize Gay Marriage & Adoption Amid Controversy

French Government Plans to Legalize Gay Marriage & Adoption Amid Controversy

By Madeline Schiesser
Impunity Watch Reporter, Europe

PARIS, France — French president François Hollande’s Socialist government has announced its plan to make good on a key issue of his electoral platform from May: gay marriage and adoption.  The French Parliament presented Hollande’s cabinet with draft legislation of the bill it plans to review in January to legalize gay marriage and adoption, despite strong opposition from the political right, and from the Catholic, Protestant, Jewish and Islamic faiths.

The French Parliament has presented President Hollande’s cabinet with draft legislation Wednesday, to be reviewed in January, which would legalize gay marriage and adoption in France. (Photo Courtesy of France 24)

The draft legislation would probably pass both houses of France’s Parliament fairly easily.  If measures legalizing gay marriage were passed, France would be the 12th country to legalize gay marriage, in the company of other countries including Canada, South Africa, Spain and Portugal; with a population of 60 million, it would also be the largest.

Currently civil unions are allowed between gay couples.  However, such lack several advantages of marriage, including the ability take their partner’s name, gain inheritance and pension rights, and to adopt.

The proposed legislation would also expressly allow gay couples to adopt.  In France, a requirement of adoption is being a married couple, which hereto now has not been an option for members of the gay community.

Legislation appears to be the only measure to overturn France’s gay marriage ban.  Two years ago France’s highest judicial authority, the Constitutional Council, refused to strike down the ban residing in the Civil Code, ruling that the ban was constitutional, but that the legislator could change the law if desired.

Hollande and the legislator’s plans have seen fierce opposition from the political Right and church, throughout the French country.

Over 1000 mayors and deputy-mayors of communities have signed a petition against the bill and in at least 75 towns and cities there have been protests, with some calls for mass protests.

Jean-Francois Cope, a member of the conservative UMP party leadership, wants to draft bill delayed citing that it was “incredibly badly prepared.”  He claims that the measures go far beyond gay marriage: “[I]t is about a complete reorganization, deconstruction of the right of the family, with questions surrounding lineage, the removal of the reference to father and mother in the text.”

Former Prime Minister, François Fillon, has also promised his party will repeal the law and un-marry any gay couples married under it.

The Roman Catholic Church has also expressed its concern over the draft legislation.  Pope Benedict XVI has called on French bishops to oppose the legislation and defend marriage as the “foundation of social life.”

A leader of the opposition, Paris Cardinal Andre Vingt-Trois, expressed his concern that children needed both a father and a mother to build their identities.  He said “When we defend the right of children to build their personality with reference to the man and the woman who gave them life, we are not defending a particular position” and urged the government to consider “the accumulated wisdom of our civilization that marked its gradual exit from barbarism.”

However, Minister of Family Affairs Dominique Bertinnoti argued that “This is an important step towards the equality of rights,” and asserted that the bill will not destroy families, because “on the contrary it is a legal protection.”

The writers of the draft bill intend to only amend the Civil Code “where strictly necessary,” however, they also plan to use gender neutral language throughout al amended sections: “patent” instead of “mother” or “father” and “spouse” instead of “husband“ or “wife.” However, these terms will not be changes globally through the Civil Code.

Even those largely in favor of the law have identified some short comings.  For example, the draft legislation does not provide the right to medically assisted conception for gay couples (e.g. in vitro fertilization for lesbians).  Nor will it allow a single gay person the right to adopt.  Prime Minister Jean-Marc Ayrault has suggested amendments can be added later.

President Hollande expressed his approval of the draft legislation, saying that “[t]his would be progress not just for the few, but for our whole society.”  He further emphasized that the proposed legislation “resolutely takes into account the greater interest of the child.”

Hollande wants to see the new bill on the statute books by mid-2013.

Support for gay marriage is growing in France.  French newspaper Le Monde’s most recent Ifop poll showed 65% support for gay marriage, although only 52% of respondents favored gay couples adopting.

For further information, please see:

France 24 – French Government Backs Draft Gay Marriage Law – 8 November 2012

BBC News – French Gay Marriage and Adoption Bill Backed by Cabinet – 7 November 2012

France 24 – France Adopts Gay Marriage Plan Despite Opposition – 7 November 2012

The Guardian – French Government Approves Introduction of Same-Sex Marriage – 7 November 2012

The Independent – French President Francois Hollande Keeps His Vow to Legalise Gay Marriage – 7 November 2012

The Telegraph – French Gay Marriage Plans ‘A Sham That Will Smash Foundations of Society’ – 6 November 2012

The International Herald Tribune – France: Gay Marriage Ban Upheld – 28 January 2011

France 24 – France Reviews Gay Marriage Ban – 16 November 2010

Paramilitary Drug Gang Slaughters 10 Farmworkers

By Margaret Janelle R. Hutchinson
Impunity Watch Reporter, South America

BOGOTÁ, Colombia – 10 peasant farmworkers were brutally massacred in the northwestern region of the country Wednesday evening, allegedly for failure to make an extortion payment to a violent paramilitary successor group, which gunned them down in a scene described by a local official as “something out of hell.”

Soldiers stand guard near the front patio of a farmhouse covered in blood where 10 laborers were killed in Santa Rosa de Osos in Colombia’s Antioquia state, Wednesday. Officials say Los Rastrojos, a paramilitary group, are to blame. (Photo Courtesy SF Gate)

After the farmworkers had finished picking fruit for the day, three men approached the farm’s foreman and asked if the owner had been paying protection money.  When he replied that they didn’t know of any payment, the men opened fired, indiscriminately shooting, first handguns, then rifles, and finally launching a hand grenade at the farmworkers, according to one survivor.

“This case has shocked us for the barbaric, brutal way that they murdered these completely innocent people,” said Police Gen. David Guzman.  9 men and 1 woman were killed in the massacre.

The owner of the farm, in the municipality of Santa Rosa de Osos, about 275 kilometres (170 miles) northeast of the capital of Bogotá, was apparently being extorted by a paramilitary group, local officials said.

Local officials and police, from Santa Rosa de Osos, suspect that the bloodbath was the work of a violent offshoot of the Norte del Valle cartel, involved in drug trafficking, extortion and murder.

Known as paramilitary successor groups, these criminal bands are heavily armed drug-trafficking gangs that emerged following the ostensible demobilization of the AUC militia federation in 2006.

The group thought to be responsible in this case, Los Rastrojos or The Scraps, is also blamed for the last major massacre in Colombia, in August of 2009, where 12 members of the Awa indigenous tribe were killed in southwestern Narino state.  Yesterday’s massacre took place in the northwestern Antioquia province, roughly 200 miles from Narino.

A report from the Indepaz think tank released in February said the paramilitary successor groups Los Rastrojos, Los Urabeños, Las Aguilas Negras, Los Paisas and ERPAC had a presence last year in 406 municipalities in 31 Colombian provinces.

Meaning, the groups have expanded their influence by 147 municipalities from 2008, when they were active in 259 of the Andean nation’s 1,110 municipalities.

Local businessmen from Santa Rosa de Osos, have reported a rise in extortion in the area.

They have recounted how members of criminal gangs have been going around the area demanding payments, which they adjust according to the earnings of each individual victim.

According to their reports, the payments have varied from $50 for day laborers to $50,000 for owners of large agricultural businesses.

Francisco Jair Lopera, mayor of Santa Rosa de Osos, called the massacre a source of national shame.

A National Police spokesperson said the regional National Police commander, Col. Jose Gerardo Acevedo, traveled Wednesday night to the massacre site, at La España tamarillo farm, to coordinate efforts to track down the assailants.

For further information, please see:

The Associated Press – 10 peasants killed in Colombian massacre – 8 November 2012

BBC News – Ten Colombian farmworkers killed ‘by extortion gang’ – 8 November 2012

Hispanically Speaking News – Blog del Narco: 10 Farmworkers Massacred by Colombian Drug Trafficking Gang – 8 November 2012

Huffington Post – Los Rastrojos, Colombia Drug Cartel, Massacre 10 Peasants Near Bogota – 8 November 2012

Latin American Herald Tribune – 10 Farmworkers Massacred in Colombia – 8 November 2012

The Province – 10 peasants killed by drug-trafficking paramilitaries in Colombia’s worst massacre since 2009 – 8 November 2012

SF Gate – 10 peasants killed in Colombia massacre – 8 November 8, 2012

The Washington Post – 10 peasants killed by drug-trafficking paramilitaries in Colombia’s worst massacre since 2009 – 8 November 2012

 

 

Maori Pledge Defeated in New Zealand Parliament

By Mark O’Brien
Impunity Watch Reporter, Oceania

WELLINGTON, New Zealand — New Zealand lawmakers this week voted down a bill to add a pledge to uphold the Treaty of Waitangi when new members of parliament swear the oath of allegiance.

New Zealand’s Parliament defeated a bill by MP Te Ururoa Flavell to allow anyone taking a statutory oath to also pledge to uphold the Treaty of Waitangi. (Photo Courtesy of The New Zealand Herald)

The bill from the Maori Party was defeated in a 69 to 52 vote Wednesday, but even before the vote, political observers expected the measure to fail.  The New Zealand First party had said the bill was unsupportable because it was a “separatist” proposal, and the National Party had called the bill “unnecessary.”

“It seems like a simple idea, but it’s much broader than that,” said National MP Louise Upston.  “It’s about the position of the treaty in our constitution.”

Some opponents worried the inclusion of the pledge would require all new members of parliament to swear to the pledge.  Others said this would be an issue to consider later down the road.

“There is an appropriate place for a conversation about national identity, and that is the constitutional review that we are holding,” Upston said.

But Maori MP Te Ururoa Flavell, who drafted the bill, said critics’ concerns were unfounded.

“There’s no compulsion [for every member of parliament to take the oath],” Flavell said.  “It’s entirely up to each individual, and it’s about giving a choice to honor the treaty.”

The Treaty of Waitangi was signed by the British government and more than 500 Maori chiefs in 1840.  It gave British monarchs the right to rule over New Zealand, but allowed Maori chiefs to keep their land and chieftainships, as well as gave Maori the same rights as British citizens.  Since then, interpretation of the Treaty has been controversial, and New Zealand established a Waitangi Tribunal in 1975 to help settle disputes.

“The principle is that the treaty is the nation’s founding document and the government is committed to fulfilling its obligations to the treaty,” Flavell said.

After the vote, the Maori Party quickly criticized Prime Minister John Key and his National Party for deteriorating Treaty relationships.

“Why are they afraid of the treaty?” Flavell asked, calling their vote against the oath “disturbing.”

“Fortunately, many more New Zealanders can see the value the Treaty can add to building unity in a diverse nation, helping us to acknowledge our shared past and move forward together, as seen in our role in government,” he added.

The bill called for adding “I will uphold the Treaty of Waitangi” to the current swearing-in oath, which reads: “I swear that I will be faithful and bear true allegiance to Her Majesty, Queen Elizabeth II, her heirs and successors, according to law, so help me God.”

Also opposing the bill were the ACT and United Future parties.  The Labour, Green, and Mana parties also supported the bill.

For further information, please see:

Radio New Zealand — Treaty Oath Bill Dismissal Contrary to True Partnership: Maori Party — 8 November 2012

NZCity News — Treaty Oath Bill Defeated — 7 November 2012

The New Zealand Herald — Labour Considering Support for Swearing Oath to Treaty — 6 November 2012

TangataWhenua.com — National Retreating on Treaty Relationships — 6 November 2012

New Zealand Tourism — Treaty of Waitangi

 

 

Ugandan Police Continue to raid Gay Theater Productions

By Ryan Aliman
Impunity Watch Reporter, Africa

KAMPALA, Uganda – Ugandan police raided the premiere night of a new play in Kampala as part of an alleged anti-gay operation abruptly putting an end to the festivities of the premiere.

 

The production was staged by human rights activists, including pro-gay campaigners, theater officials, and gay activists. (Photo courtesy of Dunya News)

The evening premiere of ‘Lighting the Shadows’ began on a high note. Enthusiastic audience members gathered outside the theater. Troupe members and visitors posed for pictures. Unlike the archetypal play premiere, however, an unusual number of human rights activists, artists, and foreign diplomats flowed into the theater. All seats in the house were full.

Over a dozen young people performed choreographies of a quality rarely seen in Uganda. One storyline featured a man who dressed differently from the others and was consequently chased by the group, left in isolation and then chained. The play showed men dressed in women’s clothes, and vice versa.

Despite the suggestive themes of the play, the word ‘homosexuality’ was never used.

The mood of the evening had been extremely optimistic. Ugandan activist Frank Mugisha spoke to the crowd, saying that President Obama’s electoral victory in America was a major boost for the gay community worldwide.

The Talented Ugandan Kuchus, the group staging the show, takes its name from the word for ‘kuchu’ which means gay. Although the term usually carries a derogatory connotation, many in the Ugandan LGBT community have reclaimed the term.

The increasing enhusiasm and optimism of the night died out when a voice on the public address system suddenly said “Police has entered the control room and is forcing us to stop,”

Three heavily armed police officers and a man claiming to be a civilian then ordered guests to leave, locking the doors of the theater behind them.

Homosexuality is illegal in Uganda and authorities have recently banned a play called ‘The River and The Mountain’ after only eight performances for ‘implicitly promoting gay acts’.

Ugandan officials have also broken up other previous events that ‘promoted’ homosexuality. Despite this, the organizers were confident that the play would not suffer a similar fate. The premiere was not advertised. Only a select few received an invitation. The organizers further denied that is was promoting homosexuality and said it was simply promoting respect of all human rights.

Ugandan members of parliament passed a resolution earlier this month in support of calls to revive the country’s notorious anti-gay bill.

The bill proposed the death penalty for cases of ‘aggravated homosexuality’, but now the lawmakers are opting, instead, for life imprisonment.

 

For further information, please see:

Gaystar News – Armed Police Raid ‘Gay’ Play Premiere in Uganda – 8 November 2012

Pambazuka News – Uganda: Anti-discrimination Play Stopped by Police – 8 November 2012

Dunya News – Uganda Prohibits Performance of Pro-Gay Play – 8 November 2012

Radio Netherlands Worldwide – Ugandan Police Storm Premiere of Gay Theatre Production – 8 November 2012

Malawi Reexamines Laws Criminalizing Homosexuality

By Heba Girgis
Impunity Watch Reporter, Africa

LILONGWE, Malawi—Moving against the grain in Africa, Malawi’s government is now moving to get rid of laws against homosexuality and has ordered law enforcement officers not to arrest people for same-sex acts until the country’s anti-gay laws are reviewed by Malawi’s parliament. Human Rights Watch called Malawi’s decision “courageous” and hoped that it would inspire other African countries that criminalize homosexuality to follow suit.

This Openly Gay Couple Were Pardoned From 14 Year Jail Sentence as a Result of the Moratorium. (Photo Courtesy of The Washington Post)

Malawi’s anti-gay laws, which are some of the toughest in the world, can put someone in jail for up to 14 years with hard labor. Justice Minister Ralph Kasambara last week said that parliament will soon meet to discuss these laws.

Several months ago, in May, President Joyce Banda made an announcement that she wants to repeal Malawi’s laws against homosexual acts going against the continent’s trend in which gays are consistently singled out for criminal prosecution. Many traditionalists and religious leaders condemned the President saying that she was only doing this to try to please Western donor nations. These traditionalists further argue that homosexuality is alien to Malawi’s cultural and religious values.

Malawi received a lot of attention in December 2009 after law enforcement officers arrested the country’s first openly gay couple. The couple spent five months in jail without bail until they received another sentence of 14 years in jail after their conviction five months later in May 2010. Eventually the two were pardoned after the United Nations Secretary General Ban Ki-moon’s arm-twisting of the late President Bingu wa Mutharika.

Tiseke Kasambala, a Malawian who is the Africa advocacy director at Human Rights Watch said, “Malawi has taken a bold step forward, putting respect for its own constitutional guarantees of equality front and center.” Kasambala further added “Malawi’s decision has given hope to thousands who risk prison sentences under such laws.” Amnesty International also noted that Malawi took a “historic step in the fight against discrimination in the country.”

According to Human Rights Watch, at least 76 countries, 38 in Africa, actually criminalize consensual same sex conduct. Human rights organizations around the world hope that these countries follow the lead of Malawi and take a closer look at their homosexuality laws.

 

For further information, please see:

Angola Press – Rights Group Laud Malawi on Gay Law Moratorium – 8 November 2012

The Washington Post – Malawi Government Moves to Suspend Law Against Homosexuality – 8 November 2012

Yahoo News – Malawi Lauded on Anti-Gay Law Moratorium – 8 November 2012

The Maravi Post – Society Human Rights Watch Lauds Malawi on Homophobic Law Moratorium – 7 November 2012