International Day to End Violence against Sex Workers 2016

Sex Workers Outreach Project joins sex workers, allies and advocates from around the world in recognizing December 17, the International Day to End Violence against Sex Workers. As we approach this day, we come together to remember those lost this year and renew our commitment to the on-going struggle for empowerment, visibility, and rights for all sex workers.

On December 17th, We also renew our commitment to solidarity. The majority of violence against sex workers is not just violence against sex works—it’s also violence against transwomen, against women of color, against drug users, against immigrants. We cannot end the marginalization and victimization of all sex workers without also fighting trans-phobia, racism, stigma and criminalization of drug use, and xenophobia.

Day to End Violence Against Sex Workers was first recognized in 2003 as a memorial and vigil for the victims of the Green River Killer in Seattle Washington. Since 2003, Day to End Violence Against Sex Workers has empowered people from cities around the world to come together and organize against discrimination and remember victims of violence.

During the week of December 17th, sex worker communities and social justice organizations stage actions and vigils and work to raise awareness about violence that is commonly committed against sex workers. The assault, battery, rape and murder of sex workers must end. Racism, economic inequality, systems of colonialist and state violence and oppression must end. The  stigma and discrimination and criminalization that makes violence against us acceptable must end. Please join with sex workers around the world and stand against criminalization and violence committed against our communities.

Red umbrella symbol

The red umbrella is an important symbol for sex worker rights and is used for events that are held on December 17. The red umbrella symbol was first used by sex workers in Venice, Italy in 2001. Slovenian artist Tadej Pogacar collaborated with sex workers to create the "Prostitute Pavillion" and CODE: RED art installation for the 49th Venice Biennale of Art. Sex workers also held a street demonstration, the Red Umbrellas March, to protest inhumane work conditions and human rights abuses.

The International Committee on the Rights of Sex Workers in Europe (ICRSE) adopted the red umbrella as a symbol of resistance to discrimination in 2005. A corresponding march was organised as the closing event to the European Conference on Sex Work, Human Rights, Labour and Migration conference, held in Brussels, Belgium, at which almost 200 participants appeared.

Locally the Sex Workers Association of Jamaica, SWAJ seems to be dead in the water as of late, they have been silent, not a word from its President or on their social media pages yet.

Peace & tolerance

H

Cross-Dressing Appeal Case for Judgment in 2017

The case McEwan, Clarke, Fraser, Persaud and SASOD versus Attorney General of Guyana was heard on Friday, November 18, 2016 before Guyana’s Court of Appeal. The hearing was presided over by Chancellor of the Judiciary Carl Singh, Chief Justice Yonette Cummings-Edwards and Justice Brassington Reynolds. 

Gulliver McEwan, the first-named appellant, other representatives of the Guyana Trans United (GTU) and the Society Against Sexual Orientation Discrimination (SASOD) were also present at the hearing.

The Chancellor noted that the Court had received extensive submissions from both the appellants and the state, which did not require rehashing orally. However, Dr Bulkan, counsel for the appellants, noted that there were two issues in the state’s submissions that were raised for the first time and to which he would like to respond. He was permitted to address these issues, but after doing so the Court indicated that these new submissions should be recorded in writing, and both parties were given four weeks to present their further written submissions to the court.

The Court questioned counsel for the appellants on their contention that the law was uncertain, asking whether it was not possible for a Magistrate to define the term ‘improper purposes’ on a case by case basis by reference to its dictionary meaning. Dr Bulkan responded that permitting this would offend the requirement of the rule of law, since penal statutes had to be defined with sufficient clarity to give citizens prospective notice of how to conduct themselves. 

He pointed out that even if a person was eventually acquitted by a Magistrate, the fact of being charged and subjected to the state’s coercive powers would have already resulted in violations of their fundamental rights. He added that the term ‘improper purpose’ had no boundaries whatever, and thus gave police unfettered discretion in enforcing the law.

University of the West Indies' Faculties of Laws Rights Advocacy Project (U-RAP) co-coordinator, Dr. Arif Bulkan, and Litigation Specialist, Westmin James, in discussion after the Court of Appeal hearing with Managing Director, Joel Simpson, and Advocacy and Communications Officer, Schemel Patrick.

In his response, Counsel for the state, Kamal Ramkarran, insisted that since the appellants had pleaded guilty before the Magistrate, they were barred from bringing this constitutional action. He added that the case was hypothetical and academic and should be thrown out. Mr Ramkarran further stated that in order to bring a constitutional claim a person had to allege a past, present or future breach of their rights, whereas the appellants provided no evidence that they were likely to be charged in the future. Ramkarran stated that there are far more serious crimes deserving of a constitutional challenge, “like the buggery law”. 

He pointed out that a conviction for cross-dressing is punishable by only $15,000, whereas a conviction for buggery carries life imprisonment. He concluded by saying that to charge the police would have to peep in someone's room to see them committing the act, at which point the court indicated that it was obliged to consider the case before it

This case was initially filed in February 2010, following the widely reported arrests and convictions of seven trans persons for the 1893 summary offence of ‘being a man’ and wearing ‘female’ attire in a public way or public place, for an improper purpose.’ Four of the convicted persons filed this action, along with SASOD, after approaching the Faculty of Law UWI Rights Advocacy Project (U-RAP) for legal advice. Thereafter, with the assistance of U-RAP and local counsel, a constitutional challenge to the cross-dressing law was filed.

Even since the case was filed in February 2010, transgender persons are overpoliced, underprotected and have suffered physically and mentally because of the vagueness of the cross-dressing law in Guyana. The McEwan case argues that the archaic cross-dressing law, found in section 153(1)(xlvii) of the Summary Jurisdiction (Offences) Act 1893, is inconsistent with the Constitution of Guyana. It also argues that the conduct of the Chief Magistrate, who told the individual appellants that they were confused about their sexuality and should follow the teachings of Jesus Christ, was also not consistent with the Guyana Constitution.

The legal team for the appellants included Mr. Nigel Hughes, Dr. Arif Bulkan, and Mr. Gino Persaud.

The Court of Appeal is expected to set a date for judgement in early 2017 after both sides have presented their further written submissions.

New report takes stock of fundamental rights in the EU, including LGBTI rights

Yesterday, the European Parliament adopted a new comprehensive report on fundamental rights in the EU. The report assesses how fundamental rights are implemented in the EU, and what must still be done to reach standards laid down in the Charter of Fundamental Rights.

The document includes an extensive snapshot of the situation for LGBTI people.General view of MEPs in Plenary Chamber

The report calls for action in the field of homophobic and transphobic hate crime (par. 123); non-discrimination (par. 55); free movement between Member States, including for same-sex couples and their children (par. 127); and access to employment, goods and services (par. 124).

Furthermore, important parts concerning the rights of transgender people were added through amendments tabled by the Greens/EFA.

It stresses that transgender people must not be considered mentally ill, and encourages the Commission to continue its work in the World Health Organisation to ensure that the upcoming International Classification of Diseases (ICD) will no longer consider trans people mentally ill.

An amendment by the same group encouraging Member States to prohibit unnecessary medical treatment on intersex children was rejected.

Ulrike Lunacek MEP, Co-President of the LGBTI Intergroup in the European Parliament and rapporteur on the Horizontal Equal Treatment Directive, reacted “This report shows the EU plays a fundamental role in safeguarding human rights. A key file would be for the European Council to finally unblock the Horizontal Equal Treatment Directive, and thereby guaranteeing that discrimination on the basis of sexual orientation is outlawed in all areas of life.”

“It’s essential that President Juncker, Vice-President Timmermans and Commissioner Jourová keep pressing for the anti-discrimination Directive, as promised at the beginning of their mandate.”

Daniele Viotti MEP, also Co-President of the LGBTI Intergroup in the European Parliament, added: “Despite the Commission’s List of Actions on LGBTI Rights, the Commission has been far too hesitant at times, and failed to show leadership in particular when there is no consensus of EU member states, affecting negatively on LGBTI people.”

“We call on the Commission to be firmer and quicker when reacting to injustice, both legally and politically.”

Read more

Read the complete report (particularly sections 123 – 127)