India’s High Court Recognizes Transgender as a ‘Third Gender Category’

By Brian Lanciault
Impunity Watch Reporter, Asia

NEW DELHI, India– India’s top court announced Tuesday in a landmark verdict that transgender rights are human rights.  The decision stated that people can identify themselves as a third gender on any official documents.

Transgender Indians rejoiced the Supreme Court decision to recognize Transgender individuals as a distinct, “third gender” for purposes of official government documents. (Photo Courtesy of AP)

The Supreme Court directed the federal and state governments to include transgendered people in all welfare programs for the poor, including education, health care and jobs to help them overcome social and economic challenges. Before the decision, transgendered Indians could only identify themselves as male or female in all official documents.

The decision was praised for giving relief to the approximately 3 million Indians who identify as transgender.

The Court proclaimed that it was the right of every human being to choose their gender, and acknowledged a grant of rights to those who identify themselves as neither male nor female.

“All documents will now have a third category marked ‘transgender.’ This verdict has come as a great relief for all of us. Today I am proud to be an Indian,” said Laxmi Narayan Tripathi, a transgender activist who, along with a legal agency, had petitioned the Court.

The Court’s decision will apply to individuals who have acquired the physical characteristics of the opposite sex, and to those who merely present themselves in a way that does not correspond with their sex at birth.

“The spirit of the (Indian) Constitution is to provide equal opportunity to every citizen to grow and attain their potential, irrespective of caste, religion or gender,” the Court said in its order.

The Supreme Court specified its ruling would only apply to transgender people but not to gays, lesbians or bisexuals. India’s LGBT communities have been protesting the Court’s recent decision to reinstate a colonial-era law banning homosexual intercourse, which they say will make them vulnerable to police harassment.

The Court also ordered the government to put in place public awareness campaigns to reduce the social stigma that has developed around transgender people.

Justice K.S. Radhakrishnan told the Court that the “recognition of transgender (people) as a third gender is not a social or medical issue but a human rights issue.”

“Transgenders are citizens of this country and are entitled to education and all other rights,” he said.

The Court ruled that transgender people have the same right to adopt children as other Indians.

The Court said any person who underwent surgery to change his or her sex would be entitled to be legally recognized as belonging to the gender of their choice.

The Supreme Court also ordered state governments to construct separate public toilets for transgender people and create health departments to take care of transgender medical services.

Recently, India’s Election Commission for the first time allowed a third gender choice — “other” — on voter registration forms. The change was made in time for the national elections being held in phases through May 12.

Nearly 28,000 voters have registered themselves in that category.

For more information, please see:

Hindustan Times– Supreme Court recognises transgender as third gender— 15 April 2014

ABC News–India’s Top Court Recognizes Third Gender Category— 15 April 2014

BBC News–India court recognises transgender people as third gender— 15 April 2014

Time–Men, Women and ‘Hijras’: India Recognizes Third Gender— 15 April 2014

Anti-Austerity Demonstration In Rome Leads To Violent Clashes With Police

by Tony Iozzo
Impunity Watch Reporter, Europe

ROME, Italy – A protest in the streets of Rome turned violent on Saturday as police attempted to break up thousands of demonstrators, leaving several people injured.

The protest of 15,000 grew violent on Saturday, leading to clashes between demonstrators and police. (Photo courtesy of Al Jazeera)

The protest, which was regarding recent austerity measures by the newly elected government, grew out of control after demonstrators began to throw eggs and oranges at government buildings. The demonstrators then began throwing objects at police, and officers attempted to scatter the protest by marching towards the crowd and disseminating tear gas.

Many protestors ran away immediately, while six people were taken into custody by police. Several people were left injured after the clashes with police, and one protester lost his hand after a firecracker exploded prematurely in his hand. The Rome prosecutor’s office is also conducting an investigation after a video has been released of an undercover police officer stomping on a woman at the protest.

The demonstration was composed of thousands of workers, students, and unemployed citizens. Reports from protest organizers indicated that the protest drew 15,000 people. The protest was intended to be centered around Italy’s high cost of housing and high unemployment rates. A major topic was also the newly-elected Prime Minister Matteo Renzi’s plan to reform labor laws. Renzi plans to attempt to reform labor laws which would make it easier for companies to hire, and consequently fire, employees. Some protestors were discussing issues from the previous administration, however most were focused on Renzi’s plan.

“So far Italians seem cautiously optimistic about Renzi’s proposed tax cuts, but two months in the job, he has faced the anger of those who oppose his drive for reforms,” stated one reporter.

Federico Bicerni, the youth head of the Italian Marxist Leninist Party stated, “They are reducing democracy. Renzi’s labor reforms will worsen the situation for workers without job security, hitting young people when they are already struggling. The rage of the people in the squares today is justified.”

Prime Minister Renzi was elected in February, and has swiftly put forth an economic reform plan that will cut public spending by a little over six billion American dollars. Italy’s unemployment rate reached a record 13 percent in February, and Renzi has stated that the new economic plan is a “precondition for economic recovery.”

Renzi is aiming to equalize the economy, and speaking to the plan last week, he stated, “there are those who have taken much, too much over the years, and it is time they give some back.”

For more information, please see:

Agenzia Nazionale Stampa Associata – Probe Opened After Policeman Filmed Stomping On Woman – 14 April 2014

Al Jazeera – Anti-Austerity Protest In Italy Turns Violent – 13 April 2014

EuroNews – Italy Anti-Austerity Protest Ends In Violent Clashes – 12 April 2014

ReutersUK – Thousands March In Paris, Rome Against Austerity, Economic Reforms – 12 April 2014

Travel Ban Prevents Palestinian Olympian from Competing in The Palestine Marathon in the West Bank

By Kathryn Maureen Ryan
Impunity Watch Reporter, Middle East

GAZA CITY, Palestine – The politics of the Israeli-Palestinian crises has prevented an athlete who has represented his country at more than 40 international contents, including the 2008 Summer Olympics in Beijing, from competing in one of his home countries largest running events.

Nader al-Masri began competing as a long distance runner in 1999, he first competed at an international level in Belfast, Northern Ireland and went on to compete in more than 40 international competitions across Europe, Asia and the Arab World. He represented Palestine at the 2008 Beijing Summer Olympics, where he ran 5,000 meters in 14 minutes, 41 seconds. He has won two marathons in his home country, both in Gaza, where he has competed in marathons spanning the coastline of the Gaza Strip. However, as a result of political tensions he has been unable to compete in races in the West Bank.

Despite representing Palestine at the 2008 Summer Olympics in Beijing, Nader Masri has been prevented from competing in one of his home countries largest races. (Photo courtesy of the Washington Post)

The Israel government has barred 30 runners, including Nader al-Masri, from leaving the Gaza Strip to participate in The Palestine Marathon in Bethlehem, Palestinian officials said last Tuesday. The decision highlights the real life effects of Israel’s tight restriction on Palestinian travel in and out of the Gaza territory.

Human rights activist argue these restrictions on travel amount to collective punishment, punishing to people of Gaza for the actions of the Hamas organizations, which controls the coastal strip. Some further criticizes the restrictions claiming travel bans are an attempt to sever ties between Gaza and the West Bank, both territories are claimed by Palestinian to be a part of the emerging Palestinian state.

The Egyptian govern has also restricted Palestinian travel from Gaza to Egypt, which share a common border since Hamas took power in the territory in 2007. These restrictions have led to a virtual halt of all exports in and out of Gaza, including much needed fuel for electricity, and has left most of the territories 1.7 million residence unable to travel abroad or visit the rest of Palestine.

More than 3,000 athletes from around the world took part in the second annual Palestine Marathon on Friday, which was held under the banner “Right to Movement” to highlight the struggle of Palestinians who are denied their right to freedom of movement.

The Palestinian Olympic Committee said it had requested that the Israel Government issues travel permits for the 30 runners so that they could leave Gaza and attend the second annual international marathon in the West Bank town of Bethlehem on Friday. Itidal al-Mugrabi, a senior official in the committee, said all requests were denied last month. She said the Bethlehem event, which also included shorter races, was expected to draw some 700 runners from Europe in addition to Palestinian athletes.

After being denied a permit allowing home to leave Gaza, Masri approached the Israeli rights group Gisha, which appealed the decision to Israel’s Supreme Court.

The judges ruled Tuesday that they could not intervene in the defense minister’s policy considerations, but suggested the military should consider more exemptions from the travel ban, including exemptions for athletes.

Masri said of the decision; “I’m very sad because I couldn’t take part in this race.” He added, “I want everyone to know that I’ve represented Palestine in over 50 events and I don’t know why the Israelis refused to allow me to take part. So many foreigners and Arabs are taking part in it.”

The Palestine Marathon went forward and was held under the banner “Right to Movement” in order to highlight obstacles to freedom of movement placed on Palestine living in the occupied territories by the Israeli government. More than 3,000 Athletes took part in the event.

The travel restrictions continue to have a devastating effect on the day to day lives of Palestinians, not only have the bans created shortages of basic supplies and utilities but the bans have prevented Palestinian from visiting friends and family living outside of Gaza or from participating in events located outside of the territory. In addition to the recent bans on athletes leaving the Gaza Strip 36 young musicians who requested to leave Gaza for a weeklong music competition in the West Bank and in east Jerusalem were permission to leave Gaza, organizers said.

For more information please see:

Al Jazeera – Nader Al-Masri, the Missing Palestinian – 11 April 2014

Al Jazeera – Thousands Take Part in Palestine Marathon – 11 April 2014

International Middle East Media Center – Thousands Run the Palestine Marathon in Bethlehem – 11 April 2014

The New York Times – Mideast Tensions Sideline a Gazan Marathon Runner – 10 April 2014

CCTV News – Israel stops Olympic runner from leaving Gaza ahead of West Bank marathon – 08 April 2014

The Washington Post – Israel bars Palestinian Olympian from leaving Gaza – 08 April 2014

White House Will Deny Visa to Iranian Ambassador

by Michael Yoakum
Impunity Watch Reporter, North America

WASHINGTON, D.C., United States – The Obama administration said Friday that it would deny to issue a visa to Iran’s newly named ambassador, Hamid Aboutalebi, who participated in the 1979 taking of the American embassy in Tehran.  The White House statement came in response to pressure from the House and Senate which both voted in favor of a bill barring Aboutalebi from the US.

Aboutalebi denies being part of the group primarily responsible for taking 55 Americans hostage for 444 days in Tehran (photo courtesy of BBC News)

Aboutalebi was a member of the Muslim Students Following the Imam’s Line, a group of militants responsible for taking the American embassy in 1979.  He served as a translator for the students, communicating with the 55 American hostages.
Aboutalebi is a veteran diplomat in Iran, having served as Iranian ambassador to Australia, Belgium, Italy and the European Union.  He is believed to be be close to the Iranian leader, President Hassan Rouhani, the moderate reformer who took office last year.

State Department officials have not offered any specific reasons for opposing Aboutalebi’s nomination, but appear adamantly against him. “We think this nomination would be extremely troubling,” said State Department spokeswoman Marie Harf, adding “We’re taking a close look at the case now and we’ve raised our serious concerns about this possible nomination with the government [of] Iran.”

While not expressly denying Aboutalebi’s visa, the White House has relayed that would not accept his application.  White House Press Secretary Jay Carney told the press core, “We have already told the U.N. and Iran that we will not issue a visa.”

Abbas Abdi, one of the leaders of the group that took the American hostages in 1979 said Aboutalebi had no “relation to the decision-making team, the group who invaded and those who continued the hostage captivity in Iran.”

Denying Aboutalebi a visa could create complications for the Obama Administration’s relationship with Iran.  President Obama has attempted to re-engage  with Iran on its nuclear program since the election of Rouhani.

For more information, please see:

BBC News – US refuses visa for Iran’s UN envoy choice Hamid Aboutalebi – 11 April 2014

Fox News – State Dept. says Iran’s pick for UN ambassador ‘troubling’ amid outrage over hostage crisis link – 2 April 2014

CNN – White House: U.S. won’t issue visa for Iran’s newly named U.N. envoy – 12 April 2014

Bloomberg News – White House Tells Iran That Hostage Taker ‘Not Viable’ – 8 April 2014

The New York Times – U.S. Says Iran’s Pick for U.N. Envoy Won’t Get a Visa – 11 April 2014

Catalonia Cannot Become Independent, Says Spain

By Ben Kopp
Impunity Watch Reporter, Europe Desk

MADRID, Spain – Amidst calls for separatist action, Madrid turned down a request for Catalonia to hold a referendum.

Spain’s parliament rejected the request for Catalonia to hold a referendum on independence, voting 299 to 47. (Photo courtesy of Deutsche Welle)

On 08 April 2014, Madrid refused permission for Catalonia to hold a Scottish-style independence referendum. The landslide vote settled at 299 to 47. Nevertheless, the President of Catalonia vowed to push ahead with plans to hold the referendum for the region just hours after Spain’s parliament overwhelmingly rejected the petition.

Earlier in the day Prime Minister Mariano Rajoy had closed the door on the referendum insisting that it was not allowed under Spain’s constitution, following last month’s ruling by Spain’s Constitutional Court that a region like Catalonia could not “unilaterally” call a referendum on its sovereignty. He also warned that Catalonia’s independence would be economically disastrous for both the region and Spain.

“Together we all win and separate we all lose,” Rajoy told parliament. “This isn’t just a question of law, but of sentiment … I can’t imagine Spain without Catalonia, or Catalonia out of Europe.”

Rajoy warned that Catalonia’s isolation from Spain and the European Union would turn it into “the closest thing imaginable to the island of Robinson Crusoe.”

In response to Rajoy’s comment, Alfred Bosch, spokesman of the Catalan left-wing separatist party ERC said: “We are not Robinson Crusoe. Right now we are Friday, the servant, who can’t even choose his own name.”

“They are afraid of the vote of the Catalan people,” Artur Mas, President of the northeastern region said. “Some would like to present this as an end to the matter. But as the President of Catalonia, I have to tell them this is not the end. It is simply a new paragraph. Catalan Institutions will search through the legal frameworks to find away to continue with this consultation.”

Since the beginning of the economic crisis, separatist sentiment has soared, with growing resentment over “unfair” redistribution taxes from the wealthy region across the rest of Spain. Many believe that Catalonia’s distinct language and culture would fare better on its own. Mas has planned a referendum for 09 November 2014.

Of the region’s 7.5 million people, the latest polls have shown that about 80% in the region want the right to hold a referendum on independence and roughly half of Catalans voters would vote ‘yes’ to breakaway state.

During the debate Mr Rajoy also rejected comparisons with Scotland which will hold its own referendum on independence in September.

“Don’t talk to me about Scotland,” the Spanish premier said. “Because it responds to a very different constitutional and historic situation. If they had half the devolved powers (of Catalonia) they wouldn’t have taken the trouble they have.”

For further information, please see:

Euronews – Spain Rejects Catalonia Bid for Independence Referendum – April 09, 2014

Reuters – Catalan Leader Says Parliament Rejection Won’t Halt Referendum – April 09, 2014

Telegraph – Catalonia Vows to Continue Independence Fight after Referendum Snub – April 09, 2014

Deutsche Welle – Spanish Parliament Rejects Catalonia Independence Referendum – April 08, 2014