اسئلة قانونية بخصوص المثلية في مصر

بعد أن صار المثليون ومتحولو النوع الاجتماعي والجنس في مصر هدفاً لاعتداءات الشرطة كصورة من صور الحماية الزائفة للأخلاق، فقد قمنا بجمع اسئلة من المجتمع المثلي والاجابة عنها بواسطة متخصصون قانونيون بهدف حماية المجتمع المثلي من هذه الاعتداءات قبل وفي حال وقوعها. برجاء مشاركة هذا المنشور مع جميع الصفحات المتعلقة بالمثلية الجنسية والمتحولين/ات جنسياً حتى يتاح لأكبر عدد من الاشخاص الاستفادة بها

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Five arrests for “homosexuality” in Uganda: A fuller story

Demonstrator at 2012 anti-homosexuality protest in Kampala, from www.pbs.org

Demonstrator at 2012 anti-homosexuality protest in Kampala, from http://www.pbs.org

On Wednesday, the Daily Monitor, a state newspaper in Uganda, headlined a story, “Five Suspected Homosexuals arrested.”

Police in Pader district have arrested five people suspected to be promoting the act of homosexuality in the district.

The suspects were arrested in the period of one week after the tip off by the locals, who accused the suspects of moving within the schools in the district, promoting the practice which was early this year criminalized by the Anti-homosexual [sic] Act 2014.

It’s alleged that the suspects have been carrying out clandestine movements in both primary and secondary schools in the district luring the pupils and students into the practice.

The story was foggy, but certainly made it sound as though these were early victims of the country’s months-old Anti-Homosexuality Act. It came only a couple of days after Uganda’s Foreign Ministry had issued a palliative statement aimed at donors, saying the new law had been “misinterpreted as a piece of legislation intended to punish and discriminate against people of a ‘homosexual orientation’, especially by our development partners,” The government “will continue to guarantee equal treatment of all persons on the territory of Uganda,” it promised sunnily. 

The coincidence was too rich and sinister not to stress, “Five Ugandans have been arrested under the country’s draconian Anti-Homosexuality Act,” said the US-based Advocate magazine.  Somewhat to my embarrasment, I got on this bandwagon myself, at first tweeting:

Ugandaa 1 copy

–then correcting myself a day later, as we heard more from Ugandan activists:

Ugandaa 2 copy

Neither message was accurate. In the last two days, a team from Uganda’s Human Rights Awareness and Protection Forum (HRAPF) A team from HRAPF and Sexual Minorities Uganda (SMUG)  went to Pader, in Uganda’s north. “The team spoke to the Officer in Charge at Pader Police Station, the District Police Commander of Pader, one of the persons arrested, and visited the school where the incidents of promotion of homosexuality were said to have taken place. ” According to a message from Adrian Jjuuko, HRAPF’s Executive Director, this is what they found:

1. It is true that five people including a minor were arrested in Pader on allegations of homosexuality. The arrests took place on 26th and 27th of June 2014. The five persons are: an 18 year old who was the original complainant, a 34 year old businessman; a 16 year old student who stays with the businessman, and a 21 year old and a 30 year old.

2. The background to the case is that one of the arrested persons, the now 18 year old (who was a minor at the time the case was first reported) was arrested on 10th October 2013 for attempted suicide. When asked about the reasons for attempting suicide, he stated that his employer with whom he had been staying had started acting violent towards him. That they had been living together for sometime as ‘husband and wife’ but he had turned violent after he had accused him of stealing his money. That is why he attempted to take his life by stabbing himself. The Police did not arrest the employer at that point. On or around 25th June 2014 he once again stabbed himself and he was arrested by the Police. He repeated the story and that is when the Police arrested the other four.

3. They were not charged with any offence but statements were taken from them.

4. They were subjected to anal exams which were inconclusive.

5. The file was forwarded to the Resident State Attorney who did not advise on any charge but instead sent the file back to the police commenting that there was no evidence of any offence related to homosexuality.

6. The police released all the persons who had been arrested on Police Bond. The file however remains open and ‘investigations’ are ongoing.

7. On the allegations of promotion of homosexuality, no one was charged with this, and the Headmaster of the school denies that there are cases of recruitment that have been heard in the school. The Police also do not mention any facts on which this [newspaper claim] was based.

Location of Pader district in Uganda

Location of Pader district in Uganda

Three things are noticeable. First: a minor claimed that he was a victim of domestic violence. The legal case started, though, when he was arrested as a result, followed by the alleged perpetrator and others. In other words, the story shows again that even Uganda’s old, colonial-era sodomy law (never mind the new one) denies people accused of being lesbian, gay, bisexual, or transgender the basic protection of the law. The rhetoric surrounding the new “Anti-Homosexuality” law was that it was meant to protect “children and other vulnerable groups,” as the recent government statement reaffirmed. That’s nonsense. Children are at threat, deprived of any protection under the law.

Second, while we don’t know what else these people underwent during the police investigation. the “inconclusive” forensic anal exams, while medically valueless, are also an intrusive and abusive form of inhuman treatment that, conducted in carceral conditions, can amount to torture.

Third, the “investigation” continues to hang over the heads of the abused men, with no indication of whether or when they could finally be exculpated and freed from the threat.

Torture, abuse of children, absence of safety or protection, unending and debilitating uncertainty: even without the Anti-Homosexuality Act being invoked, the legal menaces to the lives of LGBT Ugandans are real enough.

Documenting human rights violations through interviews: Training materials (English and Arabic)

"Everyone is Different": campaign for the International Day Against Homophobia and Transphobia, 2014

“Everyone is Different”: campaign for the International Day Against Homophobia and Transphobia, 2014

One thing I do with some frequency is trainings. These powerpoints reflect a session I worked on recently with the Egyptian LGBT community group Bedayaa. The first (download the English version here; Arabic, here) deals with issues in human rights documentation in general terms. The second (download English here; Arabic here) deals more specifically with strategies for interviews.  I’m posting them here in the hope that they may be useful to activists who weren’t able to attend the workshop, and to people elsewhere as well.

Some of the material is specific to Egypt, some is not. (The second powerpoint contains lots of basic information on medical responses to sexual violence. This is an urgent issue in Egypt; on the other hand, many simple medical treatments which victims of sexual assault should receive aren’t routinely administered by Egyptian hospitals and doctors. I’ve put the info here as a reminder that anybody anywhere who takes an assault victim to a hospital may have to fight to make as many of these interventions as possible happen. If you want much more detailed information on medical responses to sexual violence, materials from another training I’ve done are on the website of Nazra for Feminist Studies, here, in Arabic. I would be happy to share an English version; just ask.)

These aren’t copyrighted; I’m not sure how you would copyright a basic skills set. (Actually, late capitalism can copyright anything. What I mean is, I don’t want to know.) However, if you find them interesting enough to adapt or reuse, I ask that you let me know, and cite me as the author.

Many thanks to Bassel McLeash for his patient work translating!

New arrests for “homosexuality” in Egypt

Down these mean streets: El Marg district in northeast Cairo

Down these mean streets: El Marg district in northeastern Cairo

I wish some Egyptian Joan Didion could visit El-Marg. She might turn this dry outcropping of Cairo into a fear-saturated landscape like the dismal suburbs of Los Angeles: “an alien place,” as the writer sketched those badlands in one essay,

a harsher California, haunted by the Mohave just beyond the mountains, devastated by the hot dry Santa Ana wind that comes down through the passes at 100 miles an hour and whines through the eucalyptus windbreaks and works on the nerves.  October is the bad month for the wind, the month when breathing is difficult and the hills blaze up spontaneously. There has been no rain since April.  Every voice seems a scream.  It is the season of suicide and divorce and prickly dread, wherever the wind blows.

Street in El-Marg

Street in El-Marg

I’ve been to El-Marg once or twice, out on the far northeast edges of the megacity, and I remember dust everywhere, enough to outdo Didion’s sallow, itchy ambience. The neighborhood is too close to the desert, and nothing keeps out the onslaught of sand that grinds itself fine against window and wall and skin. But there are no mountains and there’s little wind; none of Didion’s rattlesnakes crepitate in the drives – there are no rattlers in Egypt, just impudent mongeese that hurry hunchbacked along the streets like donked-up rats; and you come away impressed not by sullen, repressed California housewives dreaming of adultery and insurance money, but by the prevalence of men, particularly young ones, slouching and strutting and parading down the unswept streets. It’s a shaabi neighborhood, a word sometimes translated “popular” and sometimes “working class,” but carrying other, deeper connotations: down-to-earth, salt-of-the-earth, the country transported to the city on migrants’ backs. The place has the resentful pride of poverty, but none of the thwarted aspirations that fester in Didion’s bourgeoises. Nobody aspires. The local dreams seem leaden, not golden. The main hope is simply to survive in an economy and country where that gets harder all the time. Fourteen or more men are in jail there tonight, for something connected, somehow, to this hurt and troubled manhood.

The story appeared on October 12 in Akhbar el-Youm, a state newspaper, describing arrests that probably happened the day before.

The niyaba [prosecutor] ordered the [continued] detention of the manager and specialists and workers at a health center that was open for perverts [shawazz] only, in El-Marg. He also ordered the detention of 14 men who were caught practicing immorality [fahesha] inside it, and the closure of the establishment.

Information had been received about the center’s illegal activity, and that it welcomed perverted men and boys to practice immorality in its rooms.  The investigation has proved the information correct; the center was raided, and 14 men were caught, in positions that are against religious precepts.

Also, the management staff were caught along with a large quantity of pills and sexual stimulants. It emerged that the center only engages in this illegal activity in return for payments of between 50 and 200 pounds [$7-$28 US] for one encounter.

The defendants confessed in front of Mohammed Sayed Ahmed, the chief El-Marg prosecutor, that they had been frequenting the center to practice immorality [fahesha]. The niyaba ordered their detention and referral to the forensic medical authority, and ordered the center closed and the evidence preserved.

The “health center” turned into a “medical center” by the time this reached the English-language Egyptian press. It has remained so now that the story has started to enter the international LGBT media.

Actually, the establishment is — was — neither. I have at least one friend who has visited. It was a small gym and sauna, converted from a private apartment and operating as a business for years. It’s well known in the surrounding streets; when my friend went there about three years ago – before the Revolution – and asked directions, the neighbors said “Oh, the hammam!”, or baths, and pointed the way. The entry fee was 25 pounds back then. It’s unlikely the price has gone up eightfold in the interim, so the figures the police gave (with the strong suggestion of prostitution) are probably nonsense. There is a good chance that the “pills and sexual stimulants” the police found are vitamins, or even steroids.

Working out is easy! Fun! And Pharaonic!

Working out is easy! Fun! And Pharaonic!

The gym sounds, and perhaps was, a little upscale for a district like El-Marg: so poor and so insulated from so much of Western consumerism, with the exception of universal values like Marlboros and Pepsi. The arrests certainly call into question the celebrated thesis of Joseph Massad: that the “visible” people experiencing, indeed mischievously inciting, persecution for “homosexuality” in Egypt are “Westernized upper- and middle-class Egyptian men who identify as gay and consort with European and American tourists.” There aren’t too many people like that around El-Marg. On the other hand, a different kind of consumerized identity, built not around sexuality but around masculinity, has been creeping into places like El-Marg for well over a decade now. It comes from movies and magazine ads and it consists in a cult of the sculpted body, perfected from nature’s raw materials, designed to elicit admiration quite apart from anything it does, any useful work or wonders it performs. A longstanding fetish of health and exercise in Egypt dates from the colonial period – periodic pushups helped show that “natives” could be as strong and self-sufficient as their masters. Yet it was largely confined to the upwardly-pushing middle classes, as Wilson Chacko Jacob has demonstrated in an intriguing study. Only more recently has working out, and a fullblown Chelsea version of it at that, become a defining feature of shaabi manhood.

Something of the change can be sensed just with a glance at two Egyptian movie stars and their physiques.  Farid Shawki (1920-1998), nicknamed the “King of the Cheap Seats,” was an idol to working-class audiences for decades, playing poor heroes who fought against injustices imposed by a rogues’ gallery of rich villains. He was an unwieldy lug with a rectangular body that made him resemble a walking refrigerator (a luxury item his characters certainly couldn’t afford). Mohammad Ramadan, a 20-something kid from Upper Egypt and now a major sex symbol, also plays noble prole roles, but by contrast has the kind of torso that – well, in every movie he misses no opportunity to take his shirt off: “Lunch, habibi?” “Yes, but it’s so hot in here …”

Farid Shawki (L), Mohammad Ramadan (R):

Farid Shawki (L), Mohammad Ramadan (R)

It’s like the transition between John Wayne and Channing Tatum: between a laconic masculinity that held its energies in reserve, lest they be harnessed or exploited, versus one that shows itself off compulsively and indeed exists to be seen. The way the poor devour this new image in Egypt may have something to do with how the shaabi classes are increasingly invisible to the privileged and powerful. The rich and even the middle class retreat into guarded shopping malls, gated towers, and remote desert developments with the poor safely locked out. The conspicuous development of delts and abs is also a defiant way to say, I’m here, if only as an object of desire. It also perhaps reflects the economy of underdevelopment: a feeling that muscles are no longer for labor – there are fewer and fewer jobs as the economy spirals downward – but for show. Maybe there’s an element of resistance to it (look at Mohammad Ramadan’s menacing weaponry, above), but mostly it seems to be resignation to a different kind of exploitation. It’s a grim admission that your existence is really only useful as a spectacle. This kind of masculinity-for-display inevitably carries homoeroticism with it, but a particularly unsettling kind: the pumped-up muscles make one an object, not an agent, and imply vulnerability along with the visibility, the paralyzed passivity of a pin-up photo. Mohammad Ramadan is not an action hero. He seems quite credible, in fact, playing a victim.

The consumerized body, its class implications, its cross-cultural incursions – have any of these drawn Joseph Massad’s indignant attention? I think not. I don’t know whether any of the arrested men in El-Marg are “gay” or not, or what they were doing when caught “in positions against religious precepts” (a remarkably inclusive phrase).  I am inclined to guess, though, that the visibility of this suspect masculinity finally roused the antagonism of the neighborhood; and that is why the police were called, and how they ended up in jail.

Friends of friends of mine know some of the men. (Although “14” is the figure that’s made it into Western press reports, this is only the number of the clients arrested – it doesn’t seem to include the “manager, specialists, and workers.”) The prosecutor ordered them held for four days, but that may be renewed. They’ve been sent off for forensic anal examinations, which are intrusive, abusive, and inhuman treatment. They don’t yet have lawyers. Human rights organizations are overburdened with the arrested, the tortured, the disappeared since the military takeover. Some informal networks are trying to see what we can do.

Bodies indisciplined: Anti-Morsi protesters fill Midan Tahrir, June 30

Bodies indisciplined: Anti-Morsi protesters fill Midan Tahrir, June 30

Back in June, when three days of massive demonstrations gave the military the go-ahead to overthrow President Morsi, most of my gay friends in Cairo flocked to the streets, first in protest, then in celebration. But nothing had gotten worse for LGBT people under Muslim Brotherhood rule; nothing has got better since it ended. Same old, same old. It’s still true that the worst persecution LGBT people have faced in Egypt, possibly in the whole region – the three-year, continuous crackdown from 2001-2004, when police probably arrested and tortured thousands – was inflicted under Mubarak’s secular dictatorship. It had virtually nothing to do with religion. Indeed, the aged caudillo was arresting and torturing tens of thousands of Islamists at the same time.

What has been consistent since the Revolution, despite the several changes of government – military, Islamist, military again – is that the police want desperately to win their reputations back.  Under Mubarak, the vast majority of Egyptians passionately loathed the police: they were the contact point where ordinary citizens faced, and felt, the corruption and arbitrary power and abusiveness of a regime that had lost its sense of limit. And after February 2011, the cops finally had to give a damn that they were hated. In fact they largely disappeared, fearing for their safety and even lives if they offended an empowered populace. Since then, they’ve looked for ways to recuperate credibility – mainly, by showily harassing anybody the man in the street might despise even more than a man in uniform. Since the coup, the police go after Syrians, Palestinians, and other foreigners, because the wave of State-fostered xenophobia makes them applause-inducing targets. But it never hurts to announce that you’ve picked up a few suspected homosexuals. What better paints you, corrupt and immoral though you may be, as a defender of the nation’s morals?

Tell us who to torture and we will: Police in el-Marg escort deputy Minister of Interior on an inspection tour, April 2013

Tell us who to torture, and we will: Police in El-Marg escort deputy Minister of Interior on an inspection tour, April 2013

One night last February, I got a call at 4:30 AM. A small gaggle of gay men had been standing just after midnight in a square, in the tony Heliopolis neighborhood, that’s known as a cruising area. A police car pulled up to harass them; two of them, feeling their post-Revolutionary oats, argued with the officers.  They got arrested, while the others ran. One other guy who bravely went to the police station an hour later to ask about their well-being also found himself arrested, though the cops quickly let him go. Before that, though, the badges threatened him that he’d join his shawazz pals in prison. The word spread fast, by phone and text message, across Cairo’s gay communities. There were fears the prosecutor would slap charges of “debauchery,” or homosexual conduct, on the two men; fears, too, that they’d be sent off for the dreaded anal examinations. By 6 AM Ramy Youssef, a young Egyptian human rights activist, was standing with me in the shivery egg-blue dawn in front of the police station. Under various pretexts, we argued our way in, and persuaded the commander to let us see the men. One had been severely beaten. They were set free a few hours later – largely, I think, because we let the abusers know somebody was watching; but before I left, I asked the commander, in my most oozily ingratiating manner, whether the police found it increasingly difficult to work since the Revolution. “Definitely,” he said, spreading his hands imploringly. “And I hope you will tell the world that, as these cases show, we are still trying to do our job.”

Abandon hope, all ye that think otherwise: Portraits of General Sisi at a toll booth on the Sokhna road, October 2013, from http://instagram.com/p/faSnnEGD-t/  (h/t @Seldeeb)

Abandon hope, all ye that think otherwise: Portraits of General Sisi at a toll booth on the Sokhna road, October 2013, from http://instagram.com/p/faSnnEGD-t/ (hat tip: @Seldeeb)

Will this change? Not until the police are changed – until Egypt’s security sector is reformed; and neither military nor civilian governments have shown the slightest interest in that. The current junta, led by Generalissmo Sisi, has even less incentive to embark on any reforms than Morsi, who should have mistrusted the police (after all, they persecuted the Muslim Brothers for decades) but imagined he could employ them against his enemies. And military rule is never friendly to alternate ideas of manhood (or womanhood, for that matter). It exalts its own proprietary version of gender: a thoroughly traditional one, the old Everyman style of patriarchal authority, impatient of any perversion or extravagance. “We’re all Sisi,” the propaganda tells the public, and anybody who doesn’t look safely, nondescriptly, heterosexually Sisiesque enough will be in trouble. The fourteen or more men now in jail are victims because they seemed, in some fashion, different. They’re among many victims of the pressure to both believe (in the secular cult of Sisi) and conform.

It is the eve of Eid el-Adha, the Feast of Sacrifice in Islam. The holiday commemorates the faithful Ibrahim’s willingness to sacrifice his son Ismail – a story that ended, as Jews and Christians know from their own versions, with God’s merciful forbearance, permitting the prophet to spare the boy’s life. Tonight as I walked in downtown Cairo, all the alleys felt festive almost till the curfew impended. In a run-down street near the High Court, small kids played on the sidewalk around a prostrate and unhappy-looking goat, which in a few hours would play its part as the substitute sacrifice. Ibrahim offered up an animal in grateful exchange for the divine indulgence, the value God placed on human life. There are no substitutes in Cairo these days. It’s human life that’s sacrificed. The whole country looks more than ever like a scapegoat.

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We are all Sisi: Junta propaganda on an August 2013 cover of Sowt el-Umma

Mass arrests in New York

Occupy Wall Street has now issued its first official statement, to “all people who feel wronged by the corporate forces of the world “:

As one people, united, we acknowledge the reality: that the future of the human race requires the cooperation of its members; that our system must protect our rights, and upon corruption of that system, it is up to the individuals to protect their own rights, and those of their neighbors; that a democratic government derives its just power from the people, but corporations do not seek consent to extract wealth from the people and the Earth; and that no true democracy is attainable when the process is determined by economic power. We come to you at a time when corporations, which place profit over people, self-interest over justice, and oppression over equality, run our governments. We have peaceably assembled here, as is our right, to let these facts be known.

Read it. Meanwhile, early Saturday evening, as demonstrators tried to stage a march to Brooklyn, police moved in and arrested 700, allegedly because they spilled off the Brooklyn Bridge’s walkway to the roadway and blocked traffic.  (Note the article about this appears in the Washington Post’s business section: they know which audience they’re trying to make happy).  Protesters say the police lured them onto the main portion of the bridge where they would have no exit, then surrounded them and rounded them up.   TheNew York Times initially went with the demonstrators’ account, then changed its story within half an hour:

Alternet has a first-hand account from the bridge here. Occupy Wall Street urges calls to the New York Police and Mayor Bloomberg to protest the arrests:

1st Precinct: +1 (212) 334-0611
77th Precinct: +1 (718) 735-0611

NYPD Switchboard: +1 (646) 610-5000
NYPD Central Booking: +1 (212) 374-3921
NYPD Internal Affairs: +1 (212) 741-8401
Mayor Bloomberg: +1 (212) NEW-YORK or +1 (212) 374- 3921

At this rate, I expect drone attacks on the demonstrations soon.