Europe

Forced Sterilization of Transgender People Ends in Sweden

By Madeline Schiesser
Impunity Watch Reporter, Europe

STOCKHOLM, Sweden – Known for extremely gay-friendly attitudes, Sweden has hidden a dark secret: a 1972 law required transgender people who desired to legally update their gender to first be divorced and sterilized through sex reassignment surgery.

(Photo Courtesy of The Local)

However, in December, the Stockholm Administrative Court of Appeal found the 1972 law to be discriminatory against transgender people, to have failed to respect civil liberties as guaranteed by the constitution, and to be in violation of the European Convention on Human Rights.

The case was brought before the court by the Swedish Board of Health on behalf of an unidentified plaintiff who wanted to change his sex, but refused sterilization.

Under the 1972 law, a person who wants to change sex legally must be infertile.  This resulted in the practice of requiring transgender applicants to undergo surgery and sterilization.  Because of the law, some transgender people in Sweden chose to wait to legally change their sex on official documents, despite the difficulty and public embarrassment this may cause, in order to have their own biological children.

“I know at least one man in Sweden who lives fully as a man but has kept his womb because he wanted children and it’s very problematic for him to still legally be defined as a woman,” said Ulrika Westerlund, president of the Swedish Federation for Lesbian, Gay, Bisexual and Transgender Rights (RFSL).  “It is a violation of human rights to force a person to have surgery that they do not need or want in order to have your gender legally recognized,” she said.

Swedish actress Aleksa Lundberg, who made the transition when she was 18 and has stared in a one one-woman show called “Infestus” chronicling her experiences, said “I believed I had to give up every vestige of being male to complete the process.  I cried and shouted for joy when that final piece of paper dropped in the mailbox telling me that I was now legally a woman.”  It was only several years later that Lundberg began to realize she had also lost her right to reproduce.  “We are not even allowed to freeze sperm. I am today fully incapable of having my own children,” says Lundberg.

Nova Colliander, a transgender woman who underwent the surgery described her experience as “an assault, a rape.  The state gave an ultimatum I had to accept.  The alternative was to die, so strongly I felt this. I do not know how many wills I wrote as a child.” [Translated with Google]

The court’s ruling preempts legislative action which would have ended the sterilization requirement in July 2013.  Early last year, the Swedish parliament began to move towards repealing the law, and adopted the July 2013 ban in autumn.  The move followed international outrage, including the hand-delivered a petition with nearly 80,000 signatures from LGBT organization All Out to the Swedish prime minister in January, after the Christian Democrat Party initially blocked initial moves to strike down the law.

Praising the ruling, Ulrika Westerlund and RFSL also note that many sterilized under the 1972 law have hopes of compensation from the government.  It is possible lawmakers will adopt a law granting reparations, of which Westerlund says 200,000 kronor ($31,000) per person would be a “fair sum.”  If not, RFSL will file a lawsuit.  Between 80 and 90 sterilized sex change patients have already approached RFSL to discuss seeking damages.

It is estimated that about 50 sex changes take place each year in Sweden (population 9 million).  The surgeries are covered under state-funded health care.  In the forty years between 1972 and 2011, 865 people made an official request for a sex change operation, with roughly 500 undergoing the surgery.

Sweden has a history of eugenic sterilization.  Between 1934 and 1976, an estimated 63,000 people, mostly women, were sterilized due to mental disability, epilepsy, or alleged social problems.  In 2000, the government granted reparations of 175,000 kronor to identified victims.

The policy of requiring sex reassignment surgery before recognizing a legally changed gender is not unique to Sweden.  Sixteen other countries in the European Union, including France, the Netherlands, and Australia have a similar requirement.  So too do many U.S. states.  Only recently have Italy and Germany overturned their forced sterilization laws.

Nova Colliander has tried to make sense of why it has taken so long for the sterilization requirement to be overturned.  “Being transgender is considered embarrassing and unimportant in society. They would rather hide us, it’s hard to even talk about us. Therefore, it has taken time”

For further information, please see:

The Local – Sweden to Stop Sex Change Sterilization – 11 January 2013

Think Progress – Sweden Ends Forced Sterilization of Transgender People – 11 January 2013

SvD – Könsbytare Stämmer Staten – 10 January 2013

Mother Jones – Sweden Moves to End Forced Sterilization of Transgender People – 24 February 2012

Mother Jones – Forced Sterilization for Transgender People in Sweden – 25 January 2012

Huffinton Post – Aleksa Lundberg, Swedish Transgender Actress, Mourns Forced Sterilization – 3 November 2011

The Local – Sweden to Reflect on Eugenics Past – 21 December 2005

Three Politically Active Kurdish Women Mysteriously Murdered in Paris

By Alexandra Sandacz
Impunity Watch Reporter, Europe 

PARIS, France – The Kurdish community was stunned this past Thursday when three politically active Kurdish women were brutally murdered. The three bodies were found around 2 a.m. inside the Kurdish Information Center. The center was used to promote Kurds’ political and cultural agendas.

The community watches as the three bodies were removed from the inconspicuous building. (Photo Courtesy of NBC News)

Although there are no claims of responsibility or any suggestion of suspects, it is quite clear that the killings were carefully planned. Since the building is not marked, investigators believe someone would have to know where the office was. Furthermore, the front door could not be opened without a digital code.

Center employee, Berivan Akvol, stated, “There is no doubt this was politically motivated.” Agnès Thibault-Lecuivre, a spokeswoman for the Paris prosecutor’s office, stated, “No hypothesis can be excluded at this stage” as per the motive. However, Kurdish activists believe Turkish forces committed the murders.

One woman who was killed is one of the founders of the Kurdish Workers’ Party, the PKK. Multiple nations, such as Turkey, believe the PKK is a terror organization because of their 28-year rebellion against the Turkish state, one of Middle East’s longest-running conflicts.

The PKK, a pan-Kurdish nationalist movement, is internationally known for the three decade war against the government of Turkey. As a result, an estimated 40,000 people were killed. However, suspiciously, the killings happened around the time the Turkish government entered into peace talks with Kurdish leaders.

French Interior Minister, Manuel Valls, told reporters that the three women were “without doubt executed” and described the killings as “totally unacceptable.”

Roj Welat, a spokesman for the PKK leadership in northern Iraq, said “It is an assassination, it is terror, it is ideological and political assassination, a terror attack against the Kurdish people. Sakine Cansiz has been actively involved in the peace and democracy struggle, freedom struggle, of the Kurdish people for a long time. She was one of the women who participated in the formation of the PKK.”

However, although many believe the Turkish government is behind the killings, Turkish political leaders were quick to express their shock and disgust. Additionally, Turkish government spokesman, Bulent Arinc, said the “savage” killing of the women was “utterly wrong.”

The BDP, the Turkish parliament, also stated, “We expect the French government to enlighten this massacre beyond a shadow of doubt. We want it known that these murders committed overtly in the busiest part of Paris cannot be covered up.”

For further information, please see:

BBC News – PKK Paris deaths: Turkey PM Erdogan blames ‘internal feud’ – 11 January 2013

CNN – 3 Kurdish women political activists shot dead in Paris – 11 January 2013

NBC News – Three women shot dead in ‘politically motivated’ Paris slayings – 10 January 2013

The New York Times — 3 Kurds Are Killed in Paris, in Locked-Door Mystery – 10 January 2013

Activists and Dissidents in Belarus Face Increased Internet Scrutiny

By Madeline Schiesser
Impunity Watch Reporter, Europe

HRODNA, Belarus – Three Belarusian human rights activists were fined for participating in an unauthorized demonstration on December 10: International Human Rights Day.  Oddly, none of them were arrested at the demonstration, but only days later, once a photo of their protest appeared online.  An Index on Censorship Report published this month found that even as the Internet becomes more accessible to a greater portion of the Belarusian population, the government continues to find new ways to silence and track dissidents.

The photo of Uladzimer Khilmanovich, Viktar Sazonau, and Raman Yurhel posted on Viasna’s website (Photo Courtesy of Viasna via RFE/RL)

The activists, from the western city of Hrodna, were not questioned by police until December 18 for their involvement in the demonstration.  The photo which caused Uladzimer Khilmanovich, Viktar Sazonau, and Raman Yurhel to run afoul of authorities showed the men with posters and a shirt showing Ales Byalyatski, Viasna’s chairman who was jailed last year for 4.5 years in tax evasion charges, which supporters say are politically motivated.

In a 150 minute trial on January 5, a Leninski District Court judge in Hrodna found the three guilty of staging an unauthorized demonstration and fined each 1.5 million rubels ($170).  No evidence of their guilt was presented beyond the photograph and the accusations were based only on the police’s reports and “speculation,” Viasna says, and is also calling the trial politically motivated and absurd.

“In truth, I understood, I was convicted for what I advocate, for having engaged in activities not prohibited by law,” said Sazonau. “I was convicted for what I had done: cooperation with Ales Byalyatski.”

Belarus, Europe’s last dictatorship, has tightened its laws on protest in recent years.  In October 2011, the Parliament amended the Law on Mass Activities to prohibit protest organizers from announcing a gathering before it had received government sanction and to ban Internet organized protests.

Therefore, while the Internet has allowed activists and defenders of human rights to better spread their message in repressive states (where Internet use is growing rapidly, e.g. there are half a million new Internet users every year in Belarus, and in the past two years access to broadband increased from 10% of uses to 70%), unfortunately the increased exposure has also handed these states more evidence to use in criminal prosecutions to stifle speech.

The U.K.-based Index on Censorship’s Report found that the Belarusian government uses “a repressive legal framework, including draconian laws such as criminal libel, legal prosecution, and the misapplication of the Criminal Code” to crackdown on opposition.

In addition, the government, which also owns most mainstream media, has found “new tools” in its pursuit to stamp out dissent on the Internet.  These tools include web filters on multiple government controlled WiFi networks, surveillance technology allowing authorities to intercept web traffic, the removal of secure access to particular websites (e.g. Facebook), and fake versions of popular dissident websites such as Charter97.  The report also explains that websites critical of the government are often targeted by Distributed Denial of Service (DDoS) attacks, which overwhelm a targeted site with requests for information, temporarily paralyzing the site and taking it down.

Andrei Aliaksandrau, the Index on Censorship’s Belarus program manager, said: “[Belarusian president] Alexander Lukashenko has significantly expanded his government’s control over the internet in the last two years. Few people in Belarus realize the level of state surveillance now being carried out by Lukashenko’s security services. This poses a huge threat to internet activists in Belarus.”

The report also discussed new legislation that would widen the government’s power to censor online content.  Particularly, a “catch-all” ban on “distribution of illegal information” would be put in place, as well as “mass surveillance of citizens’ activities online.”  Researchers also found that the government “is spending heavily on the development of software that will allow the tracking of nearly all the activities of every internet user in the country” and that western technology companies had likely sold the government the equipment and software to be used in this tracking.

Mike Harris, the Index on Censorship’s Head of Advocacy said: “State surveillance is yet another way that Lukashenko is compromising freedom of expression in Belarus. Index calls on the government to end online surveillance, release political prisoners and support its citizens’ rights to free expression. The European Union must also act to stop the export of surveillance technology to places like Belarus.”

For further information, please see:

Chapter’97 – 4.5 Million Fine for a Photo in the Internet – 8 January 2013

RFE/RL – Belarus Activists Fined After Posting Protest Photo Online – 8 January 2013

The Independent – Government of Belarus Using ‘New Tools’ to Silence Dissent on Internet, Says Index on Censorship Report – 4 January 2013

Index on Censorship – Belarus: Pulling the Plug – January 2013

Vyasna (Spring) – Супраць гарадзенскіх праваабаронцаў распачатая адміністратыўная справа (адноўлена) (Grodno Against Human Rights Defenders Filed an Administrative Case (updated)) – 18 December 2012

Violence Erupts in Northern Ireland Over Union Jack Flag

By Alexandra Sandacz
Impunity Watch Reporter, Europe

BELFAST, Northern Ireland – Belfast faced its fifth night of rioting following protests over the Belfast City Council’s decision to stop a century-old tradition of flying the Union Jack flag year-round. Instead, the City Council decided to limit the number of days the union flag flies over Belfast City Hall.

Loyalist set up barricades during the most recent violent riot in Belfast. (Photo Courtesy of the Irish Times)

Almost a thousand protesters picketed Belfast City Hall when the City Council met for the first time since passing the controversial motion in December. The protestors demanded that the council reverse its ruling over the flag.

The most recent protest began peacefully, however, the violent riot started when hundreds of protesters passed the Short Strand on their return to east Belfast. Multiple Nationalists threw numerous missiles as the protestors passed.

As a result, police fired plastic bullets and water cannons in an effort to separate republican and protestant groups. Loyalist protestors set up a barricade in the middle of the road and set it on fire. In addition, the police were also notified of two attempted hijackings in the area.

During the recent riot, two males and two females were arrested and accused of rioting and public order violations. Since the various protests began, 96 people were arrested, and at least 52 officers were hurt. Furthermore, since December, multiple elected representatives received death threats.

The Chief Constable for the Police Service of Northern Island believes the violence is at the fault of the loyalist Ulster Volunteer Force members. The British flag has been the subject of a longstanding disagreement between British loyalists and Irish nationalists.

Chief Constable Matt Baggott said, “Everyone involved needs to step back. The lack of control is very worrying. The only answer is a political solution.”

Also, Baggott expressed concern over the number of children that have taken part in the riots. He stated that numerous children were “without parental control” and risked “blighting their own future”.

He states, “At a time when we are working desperately hard with the tourist board, investment agencies, foreign investors, to present the right picture of Northern Ireland as a place that’s worthy of investment, many of those young people who may benefit from that will now have convictions.”

Billy Hutchinson, leader of the Progressive Unionist Party, stated, “If this is the chief constable’s assessment, then what I am saying to people in east Belfast, people belonging to the UVF, please desist from being involved in violence.”

For further information, please see:

IrishTimes – Violence continues in Belfast as flags dispute shoes no sign of abating – 8 January 2013

The Independent – Fifth night of flag rioting hits Belfast – 8 January 2013

BBCNews – Belfast flag trouble: Plastic bullets fired at protestors – 7 January 2013

CNN – Police: Extremist group ‘orchestrating violence’ in Belfast over Union Jack – 7 January 2013

Icelandic Girl Fights for Right to Use Name

By Madeline Schiesser
Impunity Watch Reporter, Europe

REYKJAVIK, Iceland – On all official documents, 15-year-old Blær Bjarkadóttir is identified only as stúlka, literally girl, because her name is not approved by Iceland’s Human Name Committee.  However, Blær has become the first person to challenge in court the Human Name Committee’s adverse decision in order to obtain the right to legally use her name.

Blær Bjarkadóttir and her mother, Björk Eiðsdóttir. (Photo Courtesy of AP and National Post)

Iceland, like Germany and Denmark, has an official “Personal Names Register,” which contains 1,853 approved names for women, and 1,712 approved names for men that confirm to grammar and pronunciation rules and are believed to protect children from embarrassment.  Parents may apply to the Human Name Committee for a special exception.

Blær’s name however, which means “light breeze,” was rejected by the Committee because it takes a masculine article, although it is an approved name for a man.

Björk Eiðsdóttir, Blær’s mother, had not realized Blær was not on the approved name list when she had her daughter christened, and it was only later that the priest informed her he had made a mistake by allowing the name.

Blær’s lack of a legal name has given her years of frustration, as she must explain the story of why she is officially called Stúlka when filling out forms or dealing with the country’s bureaucratic system.

“I had no idea that the name wasn’t on the list, the famous list of names that you can choose from,” said Björk.

Björk added that she knew a woman named Blær.  Accordingly, this Blær Guðmundsdóttir, born in 1973 is the only legal Blær in Iceland, named after a character in Nobel Prize in literature winning author Halldór Laxness’s 1957 novel, Brekkukotsannáll (The Fish Can Sing).  The author was friends with Blær Guðmundsdóttir’s parents, and may have influenced the Committee’s decision to approve the name.

Björk’s petition to have her daughter’s name recognized was rejected after she named Blær.  However, now Björk and Blær and have brought suit against the Ministry of the Interior for Blær’s right to legally use her name.  Their case is currently before a District Court, and a verdict is expected within the month, possibly on January 25.  Björk and Blær are prepared to take their case all the way to Iceland’s Supreme Court.

The law is pretty straightforward so in many cases it’s clearly going to be a yes or a no,” said Agusta Thorbergsdottir, the head of the government committee of three people which hears naming cases.

The Human Name Committee has, however, allowed other masculine words to become girl’s names, among them “auður” (wealth) and “ilmur” (scent).

Blær’s situation is not unique.  In the country of 320 thousand, about 200 people over the age of one year have no name, and are instead listed in the National Registry as merely stúlka (girl) or drengur (boy).  In some cases this is because the parents have not yet submitted information to the Registry or the children are living abroad.  However, as is the case with Blær, the Human Name Committee may not have approved the person’s name.

First names hold particular importance in Iceland, where people are referred to by their given names and surnames are usually patronymics, derived from a father’s first name.  The phone book is indexed by first name, and even the president is called Ólafur Ragnar instead of Mr. Grímsson.

In recent years, the Human Naming Committee, which also has the power to veto adult name changes, has shown greater leniency, but still adhered to certain Icelandic language rules.  The name Elvis has been allowed, while names starting with the letter “c,” such as Cara, Carolina, Cesil, and Christa have been altogether rejected because the letter “c” is not part of Iceland’s 32-letter alphabet.

For example, Icelandic artist Birgir Orn Thoroddsen applied to the Committee to have his name changed to Curver and was rejected.  He said, “I can understand a clause to protect children from being named something like ’Dog poo,’ but it is strange that an adult cannot change his name to what he truly wants.”

Blær and Björk will continue to press forward with their first of its kind case.  In an interview, Björk commented, So many strange names have been allowed, which makes this even more frustrating because Blær is a perfectly Icelandic name.  It seems like a basic human right to be able to name your child what you want, especially if it doesn’t harm your child in any way…and my daughter loves her name.”

For further information, please see:

Iceland Review – Many Icelanders Nameless in National Registry – 5 January 2013

Reykjavik Grapevine – Nobel-Winning Author Connected To Name Dispute – 4 January 2013

Iceland Review – Girl Named ‘Girl’ Sues State to Have Name Approved – 3 January 2013

Independent – 15-Year-Old Girl with Missing Moniker Set to Sue Icelandic Government in Fight to Legally Use Her Name – 3 January 2013

National Post – State-Approved Names Only, Please: Icelandic Girl Suing Government over Right to Use Her Name – 3 January 2013

RT – What’s in a Name? Quite a Lot, if You Live in Iceland – 3 January 2013