Increasing desperation in the Bangladeshi LGBT community came to a head Friday, May 19, when police in Bangladesh broke up a social gathering, making 29 arrests in what seems to be part of a government crackdown against the LGBT community.
Initially, police said the arrests were for homosexuality, but they soon realized that they had no evidence of same-sex sexual activity, so they pressed drug charges instead.
Logo of Bangladeshi LGBT rights group Vivid Rainbow.
The motivation for the arrests of LGBT people was “because the politicians want to please majority Muslim fundamentalist people to get more votes,” said LGBT rights activist Shaikh Md. Mominul Islam (also known as John Ashley Moon), founder of the small Bangladeshi LGBT rights group Vivid Rainbow.
“The government is now applying Section 377 [the law against same-sex intimacy], Section 57 [the law against criticism of the state], and the blasphemy law of the Bangladesh Penal Code to silence freethinkers and LGBT people,” Islam said.
“Many LGBT people already fled to abroad as refugees and many of them have already committed suicide. But nobody is caring about human rights. I am also thinking [about whether to keep living], as nobody is saving us from this homophobic living hell,” he said.
In the past year, at least 14 LGBT Bangladeshis that he knows have committed suicide, Islam said. “Bangladeshi LGBTs are committing suicide due to various pressures. … Many others tried to commit suicide but failed.”
Many others are cutting off their genitalia and joining the hijra community, a group of “third gender” trans people that is widely recognized in Bengali society both in Bangladesh and India, Islam said.
So far, most non-governmental organizations — even the 10 or more local NGOs pushing for LGBT rights — have been silent about the government repression, he said.
Vivid Rainbow, his own small LGBT rights group, has spoken out against the repression, but has meager funds and little influence, he said.
Justice Makers Bangladesh, a human rights NGO, issued a statement protesting the arrests. Translated into English, its statement said, in part:
“Justice Makers Bangladesh is of the opinion that the incident of this arrest is in clear contravention to Sections 27 (equality before the law), 28 (non-discrimination), 32 (individual-liberty) and 37 (freedom of association) of the Bangladesh Constitution. In addition, the incident violates sections 2, 3, 7 and 20 of the UDHR [the U.N.’s Universal Declaration of Human Rights], and sections 21, 24 and 26 of the ICCPR [the U.N.’s International Covenant on Civil and Political Rights].
“This incident of arrests of these youngsters from a peaceful gathering is nothing but state-sponsored discrimination against a sexual minority. Justice Makers Bangladesh believes that with this incident, the government is trying to render sexual minorities invisible to non-existent.
“Justice Makers Bangladesh would like to demand the immediate release of the young men and the removal of Section 377 of the country’s penal code in order to grant constitutional recognition of homosexuals and the LGBTQIA+ community at large.”
Banner seeks the repeal of Bangladesh’s anti-LGBT law. (Click the image to visit the fundraising site.)
Osmani agreed about Islam’s description of the situation in Bangladesh.
He stated:
“These arrests have certainly heightened fears among the gay community that the government is becoming more active in implicating gays through the current legal system. It is therefore more imperative than ever that we bring a legal challenge to Section 377 of Bangladesh’s penal code so that someday police will not be able to use it as an excuse to round up gays.”
Initial reports of the police raid said that 27 or 28 were arrested, because police wanted to downplay the incident, Islam said. The correct number is 29, he said, which was the number cited in later accounts.
The May 19 gathering in the Keraniganj district of Dhaka, Bangladesh’s capital city, was just a social gathering, “a get-together party,” Islam said.
“Newspapers are vilifying gays by saying that it was a sex party or a drug party,” he said.
Islam said about the politics of the repression and its personal consequences:
Xulhaz Mannan (left) and his friend, Tonoy Mojumdar, were victims of the anti-gay attack on April 25, 2016, in Bangladesh.
“The Bangladesh government is trying to get the vote of conservative Muslims. For this reason, the government did not do anything about the murder of LGBT activists Xulhaz Mannan and Mahbub Rabbi Tonoy [also known as Tonoy Mojumdar]. Instead of that, government has started witch hunting and the law enforcement agencies are arresting LGBT people for being LGBT. They are arresting LGBT people because the politicians want to please majority Muslim fundamentalist people to get more votes. The government is trying to radicalized Bangladesh and making Bangladesh a safe haven for Islamist militants by killing atheists, bloggers, writers, religious minority, ethnic minority and sexual minority people (LGBT+ people/queer people).
“The government is denying the fact that there is ISIS and Taliban in Bangladesh. The government is now applying section 377, section 57 and blasphemy law of the Bangladesh Penal Code to silence freethinkers and LGBT people.
Shaikh Md. Mominul Islam designed this LGBT pride flag for Bangladesh.
“Many LGBT people already fled to abroad as refugees and many of them have already committed suicide. But nobody is caring about human rights. I am also thinking [about whether to keep living], as nobody is saving us from this homophobic living hell. Please save us!
“We need the attention of international organizations such as the UN to stop the government of Bangladesh.”
“Many LGBTs are already disowned by parents because of their sexuality,” he said. “I am also disowned by my family because of my sexuality and my religion. I was born in a Muslim family, but I am converted to Unitarian Universalist Christianity, so my life is in double risk. Many terrorists wanted to kill me. They threatened me, but I am not afraid.”
29 arrested in Bangladesh for attending secret LGBT meet
“We’ve arrested 27 people for homosexuality” [a police official] said. Students were arrested before they had sex so they couldn’t be prosecuted for sodomy, so they will just be charged with drug offenses.
“We have filed a narcotics case against them as the RAB [the police Rapid Action Battalion] found yaba (methamphetamine) and marijuana among their possessions”, local police chief Mohammad Jubayer told [Agence France-Presse].
The lesbian, gay, bisexual and transgender (LGBT) community has long faced discrimination and rights abuses in the country.
Past year in April, Xulhaz Mannan, editor of Bangladesh’s only LGBT magazine, Roopbaan, was hacked to death at his Dhaka home along with a friend.
Under Bangladeshi law, homosexuality is a crime and Section 377 of the penal code provides for sentences of up to life imprisonment.
Since then, numerous gays and lesbians have left the country after they received death threats. While the law is rarely used, it can result in up to life in prison.
RAB starts case against 28 suspected homosexual youths under drugs law
… Sixteen of the youths, aged between 20 and 25, were produced before the Chief Metropolitan Magistrate’s Court on Sunday. …
The court granted police two days to grill four of them in custody.
It sent the 12 others to jail and gave police permission to quiz them at the jail gates.
The youths, mostly students, gathered at the Chhayaneer Community Centre at Antibazar in Keraniganj in the wee hours on Saturday.
International human rights organisations, especially those for LGBT rights, voice concern over threats on lives of homosexuals in Bangladesh.
The local people, however, complained that the youths gather for the homosexual party in the community centre once in two months.
The RAB official told bdnews24.com after the raid that the youths admitted that they were homosexuals. He also said condoms and lubricants were found on them.
Keraniganj Police Station Sub-Inspector SM Mehedi Hasan, who is investigating the case, said he mentioned the homosexuality issue in the remand petition.
“Various drugs including yaba [a mixture of methamphetamine and caffeine] were found in their possession. They gathered in the community centre for unusual sexual acts,” he said.
He also said that they were invited through Facebook and needed to be quizzed to identify the others in the group.
Homosexuality has been legalised in many countries, but not in Muslim-majority Bangladesh, where ‘unnatural’ sexual activities are considered punishable offence.
গত ১৮ মে ২০১৭ ইং তারিখ দিবাগত রাতে ঢাকার কেরানীগঞ্জের একটি কমিউনিটি সেণ্টারে অনুষ্ঠিত আনন্দ সমাবেশ/উৎসব থেকে ২৭ জন সমকামী যুবক গ্রেফতারের ঘটনায় যৌন প্রবৃত্তিগত সংখ্যালঘু সমকামী সম্প্রদায় আজ বড় বেশী উদ্বিগ্ন। যদিও কৌশলে আইনশৃংখলা বাহিনী তাদের দণ্ডবিধির ৩৭৭নং ধারায় গ্রেফতার না দেখিয়ে মাদক দ্রব্য রাখার অপরাধে গ্রেফতার দেখিয়েছে, যেন কেউ প্রশ্ন করলে তাদের সমকামীতার অপরাধে নয়, আর দশটি নিয়মিত অপরাধে গ্রেফতার করেছে বলে বিভিন্ন মানবাধিকার সংঠন এবং উন্নয়ন সহযোগী প্রতিষ্ঠান ও দেশসমূহকে ঘোড়াবুঝ দিতে পারে!
উক্ত গ্রেফতারের ঘটনা সমকামী সম্প্রদায়ের মানবাধিকার ও বাংলাদেশ সংবিধানের ২৭ (আইনের চোখে সমতা), ২৮ (বৈষম্যহীনতা), ৩২ (ব্যক্তিগত স্বাধীনতা) এবং ৩৭ (সমাবেশের অধিকার) অনুচ্ছেদ কর্তৃক প্রদত্ত মৌলিক অধিকার এর স্পষ্টত লংঘন। সাথে সাথে জাতিসংঘ মানবাধিকার সনদ (ইউডিএইচআর) এর ২, ৩, ৭, ও ২০ নং অনুচ্ছেদ এবং নাগরিক ও রাজনৈতিক অধিকার সংক্রান্ত আন্তর্জাতিক চুক্তি (আইসিসিপিআর) এর ২১, ২৪ ও ২৬ নং ধারার লংঘনও বটে।
শান্তিপূর্ণ আনন্দ সমাবেশ/ উৎসব থেকে সমকামী যুবকদের গ্রেফতারের ঘটনা রাষ্ট্র কর্তৃক যৌন প্রবৃত্তিগত সংখ্যালঘুদের প্রতি বৈষম্যের বহিঃপ্রকাশ। উক্ত ঘটনার মাধ্যমে সরকার যৌন প্রবৃত্তিগত সংখ্যালঘু সমকামীদের নিষ্পেষণের মাধ্যমে অদৃশ্য থেকে অদৃশ্য করাসহ সমুলে উৎপাটন করার প্রয়াশ চালিয়ে যাচ্ছে বলেই মনে হয়।
আজ এই পরিস্থিতে সমকামী যুবকদের গ্রেফতারের ঘটনার তীব্র ক্ষোভ, নিন্দা ও প্রতিবাদ জানানো আর অবিলম্বে গ্রেফতারকৃত সমকামী যুবকদের মুক্তি প্রদানসহ দণ্ডবিধির ৩৭৭ ধারা বাতিল করে সমকামী ব্যক্তিদের সাংবিধানিক স্বীকৃতি প্রদান এখন সময়ের জোড় দাবী। তা না হলে সেইদিন খুব দূরে নয় যেদিন যৌন সংখ্যালঘু সমকামী সম্প্রদায়ের মত সকল ধর্মীয়, ভাষাগত, নৃতাত্ত্বিক ও লিংগীয় সংখ্যালঘু্দের অস্তিত্ব এ দেশ থেকে বিলীন হয়ে যাবে।
With joint initiative of Winrock International and National Legal Aid Services Organization (NLASO) one District Legal Aid Panel Lawyers’ Awareness Raising on Trafficking in Persons and Protection of Victims’ Rights in Bangladesh held on 24th September 2016 at RDRS Hall Room, Rangpur.
The training aims at increasing understanding and awareness of District Legal panel lawyers in dealing with the cases involving trafficking victims and their families and traffickers, in accordance to the Prevention and Suppression of Human Trafficking Act, 2012 as well as promote safe migration.
A total number of 46 district legal aid panel lawyers from different 8 districts under Chittagong division attended the event. The following graphics illustrates the number of participant’s desegregated by district, male and female:
The awareness raising program helps the district legal aid panel lawyers having the necessary knowledge and skills to enabling them a clear understanding of how the crime of human trafficking works within the framework trafficking phase and element of trafficking, understanding about distinguish between human trafficking and human smuggling as well as enabling to list the immediate needs of victims and identify available sources of assistance. It also helps the participant remaining their role and responsibilities in ending impunity for traffickers and securing justice for victims as well as promotes effective collaboration with related criminal justice stakeholders.
The training was facilitated by Advocate Shahanur Islam, Prosecution Manager, BC/TIP and Mr. Al Amin Matubbar, Deputy Director, NLASO. Mr. Kazi Mushfique Mahbub and Mr. Mostak Ahmed, Senior Assistant Secretary, Law and Justice Division, MoLJPA were present the training as guest of honor.The training was financed by USAID's bangladesh Counter Trafficking in Persons Program.
A three days long Trafficking in Persons Training Course for First Responder Police Officers was conducted at the In-service Training Centre, Police line, Dinajpur on 29 to 31 august 2016 by Winrock International, financial cooperation with USAID's Bangladesh Counter Trafficking in Persons Program. The course's goal was to provide front line law enforcement officials with the necessary knowledge, attitude and skills to provide an effective first response to human trafficking cases.
A total of 25 participants of Sub-Inspector and Inspector level from different departments of police located in 8 Districts under Rangpur Division participated the training, as per the graphic below:
The training aims to help police officers demonstrate a clear understanding of how human trafficking works within the framework of recruitment, transportation and exploitation and to create and understanding of the victims and perpetrators of TIP. The focus is to understand the importance of rapid and accurate identification of victims using the victim identification checklist.
The training also increases the awareness of the roles and responsibilities of police investigators, such as preparing and conducting initial evidence interviews with victims, locating and arresting trafficking suspects, searching, seizing and securing relevant trafficking evidence and promoting effective collaboration with prosecutors.
The following graphic illustrates the pre-test and post-test increase results for both – prosecutors and police - with a visible increase on their knowledge:
The training was facilitated by Ms. Irinel Cocos, Chief of Party BC/TIP, Mr. Shahanur Islam, Prosecution Manager, BC/TIP, Ms. Dipta Rakshit, Technical team Leader, BC/TIP and SM Mohammad Ali, Deputy Solicitor, Law and Justice Division, MoLJPA.
The Training was inaugurated by the Md. Hamidul Alam, Superintend of Police, Dinalpur while Mr. Kajem Dddin, Additional Superintend Police (DSB) also was present.
With joint initiative of Winrock International and National Legal Aid Services Organization (NLASO) one District Legal Aid Panel Lawyers’ Awareness Raising on Trafficking in Persons and Protection of Victims’ Rights in Bangladesh held on 27th August at Zila Parishad Hall Room, Chittagong.
The training aims at increasing understanding and awareness of District Legal panel lawyers in dealing with the cases involving trafficking victims and their families and traffickers, in accordance to the Prevention and Suppression of Human Trafficking Act, 2012 as well as promote safe migration.
A total number of 47 district legal aid panel lawyers from different 11 district under Chittagong division attended the event. The following graphics illustrates the number of participant’s desegregated by district, male and female:
The awareness raising program helps the district legal aid panel lawyers having the necessary knowledge and skills to enabling them a clear understanding of how the crime of human trafficking works within the framework trafficking phase and element of trafficking, understanding about distinguish between human trafficking and human smuggling as well as enabling to list the immediate needs of victims and identify available sources of assistance. It also helps the participant remaining their role and responsibilities in ending impunity for traffickers and securing justice for victims as well as promotes effective collaboration with related criminal justice stakeholders.
The training was facilitated by Advocate Shahanur Islam, Prosecution Manager, BC/TIP and SM. Mohammad Ali, Deputy Solicitor, Law and Justice Division, MoLJPA. Mr. Al Amin Matubbar, Deputy Director, NLASO and Ms. Irinel Cocos, Chief of Party, BC/TIP were also present during the program. The training was financed by USAID's bangladesh Counter Trafficking in Persons Program.