Addressing Discrimination Against the Sierra Leonean LGBT Community

The National Human Rights Commission of Sierra Leone and the local police chief of Freetown said in 2010 that there were very few complaints about discrimination and violence against the country’s LGBT community. These statements, however, are very misleading because LGBT people are afraid to report rights abuses. After spending more than a year collecting information in the field, Global Rights—in collaboration with Sierra Leonean LGBT organizations Pride Equality and Dignity Association—confirmed that the country’s LGBT people suffer from pervasive discrimination and violence because of their sexual orientation.

In May, Global Rights published a report about its findings, and Friday morning Carlos Quesada, Global Rights’ Advisor on the Rights of the LGBTI people, shared the findings of that report with a group of more than 30 people from the U.S. State Department and various human rights organizations. A main issue the report highlights is that members of the LGBT community in Sierra Leone receive less medical care than their heterosexual counterparts, in part because doctors and nurses simply refuse to treat people who have medical issues linked to homosexuality, and in part because LGBT people are too embarrassed or fearful to see doctors for such issues because of the resulting humiliation and violence they will face if their sexual orientation is discovered. Among 80 participants of a survey, 33 percent did not go to doctors for fear of being discovered as gay; 39 percent simply “self-medicated” to avoid seeing doctors; and 28 percent were denied treatment because their ailments were linked to homosexuality. Moreover, for the same reasons that they will not see a doctor, LGBT people seldom report incidents of discrimination to the police or other authoritative bodies.

Meeting Friday about the Sierra Leonean LGBT community, which took place at Global Rights' office and included representatives of the U.S. State Department and various human rights organizations.

One way to address the discrimination is through the state’s court system. Matthew Swinehart, an associate with Covington & Burling LLP, talked Friday about possible legal avenues to pursue when addressing this issue. Although Sierra Leone won independence from England in 1965, the country retained the same British laws that were used during its colonial history. The legal code has not been updated since the end of the 19th century and includes an anti-sodomy law, which is enumerated in the 1861 Offences Against the Person Act. The law is not often enforced, but it does contribute significantly to the pervasive stigma against homosexuality in the country.

Challenging the law would be difficult—but not impossible. There are four individual rights protected under charters to which Sierra Leone is a signatory. They are: non-discrimination, privacy, life and liberty, and equality. The two agreements to which Sierra Leone is a signatory are the International Covenant on Civil and Political Rights, and the African Charter on Human and Peoples’ Rights. Although sexual orientation is not a type of identity group explicitly protected by any of these two charters, Mr. Swinehart said that with enough political and legal pressure, the Sierra Leonean judiciary could take the view that discrimination based on sexual orientation constitutes a violation of these treaties. Mr. Swinehart also mentioned that there is a legal precedent where former British colonies abrogated British law and, in doing so, decriminalized sodomy. One such country is South Africa.

Strengthening the grassroots level has been the focus of our work in Sierra Leone. Speaking to this, Scott Busby, the Acting Deputy Assistant Secretary in the Bureau of Democracy, Human Rights and Labor at the U.S. Department of State, noted that even if Sierra Leonean law is changed, the situation for the LGBT community will not likely change until public opinion changes. In furthering this cause, Global Rights continues to work with local civil society organizations (CSOs)—both LGBT groups and other human rights organizations—to improve their advocacy skills at the local, regional and international levels. As a result of our work, a coalition was formed by committed individuals called the Coalition of Equality and Gender, which comprises four LGBT groups and four non-LGBT human rights groups that advocate on behalf of all marginalized populations, including the LGBT community.

Going forward, Global Rights and the local CSOs now know—thanks in large part to their research and data presented in the report—of the challenges the Sierra Leonean LGBT community faces. However, the evidence-gathering and report-writing phase was only the first of a two-phase initiative, both of which are being funded by the U.S. Department of State, Bureau of Democracy, Human Rights and Labor. The second phase will involve Global Rights’ continued collaboration with the Coalition and other interested CSOs to empower the local LGBT community to advocate on behalf of their members, who routinely are victims of discrimination and violence. In a few weeks, for example, the coalition plans to meet with two, local lawyers to discuss ways to prepare a legal challenge to the anti-sodomy law.

We are optimistic that with the dedicated work of the local CSOs, combined with our oversight and training, the LGBT and human rights community of Sierra Leone will continue moving closer to their mission of creating a just society for all the country’s citizens. As Carlos said in his closing remarks, 

“Unlike other African countries, Sierra Leone represents a unique opportunity. Sierra Leone is actually a place where things can be done.”

  

U.N. Expert Answers Questions from African NGOs about Protecting Human Rights around Business Activity

Last Saturday, Global Rights sat down (virtually) with Dr. Michael Addo, one of five members of the United Nations Working Group on Business and Human Rights, to discuss how African civil society organizations can engage with their governments, businesses and the UN to ensure that human rights are protected where businesses operate.

During the Q&A, Lien De Brouckere, Global Rights’ director of natural resources and human rights, asked Dr. Addo questions she received from 11 civil society organizations (CSOs) in Nigeria, Rwanda, Tanzania, Kenya, Cameroon, the Democratic Republic of the Congo and Ivory Coast. These organizations expressed concern that because the UN Guiding Principles on Business and Human Rights are voluntary, it is unclear what, if any, sanctions or penalties will be issued when states or companies fail to comply.

Responding to this, Dr. Addo invited civil society organizations to reimagine their relationship with businesses—to shift from an adversarial approach to one marked by collaboration. He added that human rights issues often originate from a lack of understanding among governments, businesses, CSOs and communities affected by business activity:

“As much as I would like to think in a sense of perpetrators and victims, we can also think of it in a slightly different way in terms of misunderstandings, errors, and completely different expectations. But as we put our individual expectations together, and express them, we begin to understand each other.”

The U.N. expert emphasized that the UN Guiding Principles are based on the idea of “collective ownership” and not on sanctions and penalties. Each stakeholder has a distinct contribution to make, and by making that contribution together, the outcome will be more effective. At the same time, the UN Guiding Principles also draw on legally-binding standards already established under national law. What can be done, however, when states do not exercise enough political will to enforce these laws? Dr. Addo responded to this concern by sharing valuable insights on how CSOs can effectively and directly approach and work with governments and companies. He also offered suggestions about how organizations can reach out directly to the UN Working Group.

Dr. Addo also lent the UN Working Group’s support for this initiative, which Global Rights has launched, in partnership with the International Corporate Accountability Roundtable (ICAR) and the European Coalition for Corporate Justice (ECCJ), to strengthen the voices of civil society organizations that are engaged in addressing human rights issues related to business development in Sub-Saharan Africa and Latin America . So far, Global Rights has reached out to more than 20 civil society organizations in 15 countries from Western, Eastern and Southern Africa in this initiative.

We welcome you to watch the fascinating interview with Dr. Addo in its entirety!

No Tolerance for Discrimination

The movement for human rights in the Americas passed a major milestone that Global Rights has been behind for more than 10 years.  

Hi there, it’s Carlos Quesada, Global Rights’ Racial and Ethnic Equality Program director. I just returned from the General Assembly of the Organization of American States (OAS) in Guatemala where I witnessed history in the making.

Two very important Inter-American conventions were approved at the General Assembly this month and signed by Antigua and Barbuda, Argentina, Brazil, Uruguay, Costa Rica and Ecuador:

• The Inter-American Convention Against Racism, Racial Discrimination, and Related Forms of Intolerance
• The Inter-American Convention Against All Forms of Discrimination and Intolerance

Global Rights and our Afro-descendant civil society partners have been working to pass these conventions for more than 10 years.  For the past decade, in every thematic hearing and in every General Assembly, our partners asked member states to speed up the process of approving these regional mechanisms to better protect individuals from harmful and unfair discrimination.

In 2004, Global Rights and our partners pushed Brazil to lead the working group to draft the Inter-American Convention Against Racism, Racial Discrimination, and Related Forms of Intolerance. After a shift in working group leadership over the years, we were stuck in a declining process and draining uphill battle.    

 It has been a long journey but the Assembly finally listened.

The Convention against racism emphasizes the state’s need to adopt affirmative action policies to ensure equal access to rights and the creation of an Inter-American Committee for the Prevention and Elimination of Racism.  Evidently, these new Inter-American instruments to combat racial discrimination and intolerance in the Americas are critical to hold governments accountable for treating all people, regardless of race or ethnicity, equal.

I am very happy that Antigua and Barbuda took the lead in pushing for both conventions. This is especially important because the Inter-American Convention Against all Forms of Discrimination and Intolerance includes a clause about protecting people from discrimination based on their sexual orientation and gender identity. Antigua and Barbuda and other Caribbean countries still have sodomy laws that criminalize same-sex practices. I hope that Antigua and Barbuda can be a leader in the Caribbean in decriminalizing these practices and pushing for gender equality.

I am so thrilled that our partner's advocacy was heard and that our hard work has paid off. Now, we must encourage more countries to sign and ratify both conventions to protect all people in the region. I look forward to keeping you updated on the process!

Saludos,

Carlos

Countering Conflict

Training Participants

Hi there. It’s Don Rukare, Global Rights’ Uganda country director. Last week I returned to the remote Bundibugyo District in southwestern Uganda to continue training our local partners on conflict prevention. This time, I brought with me officials from the Uganda Human Rights Commission (UHRC) and the Centre for Dispute Resolution (CECORE).

Although Uganda has made strides toward democratic governance, it is subject to tensions, including those fueled by ethno-religious and political differences, disparities in access to resources, and unemployment, all of which can and have spilled over into violence. As demonstrated by our current work, some of our paralegal partners have already diffused local tensions through efforts to mediate between ethnic communities embroiled in conflict.

Understanding the different types and causes of conflict, and how to use early response systems, such as the UHRC and the CECORE, to prevent conflict is essential to create a climate in which rule of law is honored in Uganda.  

As part of our USAID-funded project to enhance civil society’s ability to respond to mass human rights atrocities that often provoke full scale conflict, we’re training our partners  on the types and causes of conflict, how to undertake a conflict analysis, early warning mechanisms and ways to partner with the UHRC and CECORE to prevent conflict.

Our partner paralegals will act as the frontline ears and eyes of the UHRC. Throughout this project, they will

• Engage in conflict mediation; 
• Identify and document human rights violations;
• Recognize drivers of conflict and escalating patterns;
• Convene “town hall” meetings of stakeholders to address grievances in collaboration with the UHRC, thereby raising awareness of conflict drivers and atrocity prevention methods;
• Channel observations through a structured early warning/early prevention system to be coordinated with the UHRC.

Group Work

I’m also happy to share with you that this month, five law students from the Public Interest Litigation Clinic at Makerere University’s Law School will spend two months in Bundibugyo providing technical support to our conflict mediation paralegals.  This is the first time these students will be in be in the far-removed Bundibugyo District—we are very excited to have them work with us!

I look forward to keeping you updating on our conflict prevention work this summer.

Regards,

Don

Global Rights thanks USAID for their generous support of this groundbreaking project.

Education: The Most Powerful Tool

It’s that time of year again! School children are getting out for summer vacation and graduation season is in full swing. I’ve been thinking a lot about education and how it is at the core of Global Rights’ philosophy and approach to human rights. 

Global Rights educates women in Afghanistan on family law

Just last week, a donor made a generous donation to Global Rights in honor of her son’s middle
school teachers, acknowledging the extraordinary work they do each day.  The Global Rights team knows the power of education.  How can individuals advocate for their rights if they don’t know they have them? How can civil society use international mechanisms to protect their rights if groups and individuals don’t know how to use them?

I invite you to join this donor and follow her example, honoring teachers who have had an impact on your life or those in your family by making a tribute gift in their names.

Global Rights transforms lives in Africa, Afghanistan and Latin America by providing activists with the most powerful tool known— education.  We work with our local partners in some of the toughest areas to help vulnerable and marginalized populations discover and exercise their voices to demand their rights.

• We provide Law and Shar’ia university students in Afghanistan with a hands-on, practical education on human rights and international law, an invaluable course that is not offered in the standard curriculum. These students are the vanguard of a new generation of lawyers who will defend human rights in Afghanistan.
• We educate women’s groups in Morocco about effective advocacy strategies to secure specific violence against women legislation.  They are now using these strategies to advocate for the passage of a violence against women law.
• We train paralegals in Nigeria and Uganda to educate the most underserved communities about their rights and to provide need paralegal services to ensure those rights are respected and protected.

By conveying knowledge, we convey power. We are creating skilled and successful rights advocates who bring positive, sustainable change to their societies.

Susan

Posted by Susan M. Farnsworth

LGBTI Rights are Human Rights

This week, Global Rights and our local partners in Sierra Leone, Dignity Association and Pride Equality, crossed a milestone. Together, we released the first ever published report on the situation of lesbian, gay, bisexual, transgender and intersex (LGBTI) individuals in Sierra Leone, Discrimination on the Basis of Sexual Orientation and Gender Identity in Access to Health Care and Violence/Bias: A Sierra Leone Case Study. 



Report Cover

We celebrated this achievement with a special launch event on Thursday in Freetown, Sierra Leone.  It was very rewarding to see the unified support from the U.S. Embassy in Sierra Leone, the Human Rights Commission of Sierra Leone, the Sierra Leone Ministry of Health and Sanitation, the Coalition for Civil society for Health Rights and Accountability, the Sierra Leone Association of Non-Governmental Organizations (SLANGO), and the United Nations Integrated Peacebuilding Office in Sierra Leone.

The Honorable Michael S. Owen, Ambassador of the United States to Sierra Leone, and Paula Schriefer, Deputy Assistant Secretary of the U.S. Department of State’s Bureau of International Organization Affairs, highlighted the report’s significance both for Sierra Leone and for the greater African context in their opening remarks.

Ambassador Owen mentioned that it is “inspiring to a lot of people and this [the report] will do a lot to improve the situation of LGBTI people in Sierra Leone.”


Ambassador Owen with Global Rights' Partner, George Freeman

The report is the compilation of two research projects initiated in 2012 as part of our project to strengthen Sierra Leonean LGBTI civil society organizations' monitoring and documentation of human rights violations. In addition to presenting the problem of discrimination against the LGBTI community, the report also offers concrete recommendations to the government, Human Rights Commission of Sierra Leone, local police and the international community to better protect the rights of the Sierra Leonean LGBTI community.

We have provided activists in Sierra Leone with an essential tool for increased advocacy work on policy and laws to influence critical structural and behavioral changes in the country— something that is essential for the fulfillment of human rights. 

As Ms. Shallac Sony Davies from SLANGO said during the launch, “we don’t want the government or other stakeholders to look at the report as a tool to accuse them for wrongdoings, but, to look at it as an eye opener on the issue of violations based on sexual orientation and gender identity issues, a topic that has never been formally addressed.”

I hope this report encourages other LGBTI communities – in Africa and beyond – to hold their governments accountable for upholding international human rights norms and standards so that all people, regardless of sexual orientation or gender identity, are entitled to their inherent human rights.

Susan


Global Rights would like to thank the U.S. State Department’s Bureau of Democracy, Human Rights and Labor (DRL) for making this work possible.

Posted by Susan M. Farnsworth

First Time on the Fringes

Hi, there! It’s Donald (Don) Rukare, Global Rights’ Uganda country director. I am spending this week over 210 miles away from our headquarters in Kampala in the remote Bundibugyo district with a team of 10 lawyers. We are bringing the justice system to one of the most underserved regions in the country.

After a nine hour drive down windy roads and rocky dirt paths, the team and I were finally greeted by our partners in Bundibugyo. For the first time, qualified lawyers are present in the district. This week, they will play an important role in strengthening the skills and knowledge of our partner paralegals and providing access to the justice system for some of the most underserviced citizens.

Training participants role play

The lawyers will spend 11 days mentoring our Global Rights’ trained partner paralegals, providing them with valuable technical support. The lawyers will conduct human rights and legal awareness sessions, complimented by presentations on the local FM radio. Together with the paralegals, the lawyers will also conduct mobile legal aid clinics where they will provide much needed advice and guidance to the community.

We are also currently conducting a refresher training for our partner organizations and paralegals. The week-long session is focused on equipping 30 participants with a deeper knowledge of women’s, children’s and land rights, domestic violence, statutory rape and will writing.  I am excited to have two reputable human rights advocates, Sophie Dhatemwa and Ida Wadda, lead the trainings using a hands-on, interactive method. The group discussions and role plays are motivating the participants to learn how they can better serve their community.

There is no doubt that this groundbreaking collaboration will contribute to the legal empowerment of the vulnerable and neglected communities in Bundibugyo.  The lawyers are finding the experience very rewarding and enlightening, and the community could not be more appreciative of their guidance. It is evident that the paralegals are providing an essential bridge for their communities to access justice in some of the most rural communities on the fringes of Uganda.

I look forward to updating you on our work.

Cheers!
Don

Global Rights thanks USAID for their generous support of this project.