[sacw] SACW | 27 Sept. 02

[Harsh Kapoor]

South Asia Citizens Wire | 27 September 2002

__________________________

#1. Sri Lanka: After the first round of Govt-LTTE talks (Jayadeva Uyangoda)
#2.Bangladesh: Dhaka hardliners protest against play (BBC)
+ fundamentalist's threat on the cultural activists and organisations=20
(Daily star report)
#3. India: Press Release - Insaaniyat The Coalition for Communal=20
Harmony, Mumbai
#4. Canada/ India : Solidarity Message from INSAF to Ahmedabad convention
#5. Caught between harsh laws and cultural conservativeness, Indian=20
gays often lead lives of frightened secrecy. But now hopes are high=20
they may be on the brink of a legal breakthrough
(Jason Overdorf)

__________________________

#1.

The Hindu
Friday, Sep 27, 2002
Opinion - Leader Page Articles
=A0=A0
After the first round

By Jayadeva Uyangoda

As much as the LTTE has become flexible by retreating from the=20
project of a separate state, the UNF Government will have to keep=20
open the doors of Sri Lanka's state for the regional autonomous=20
entity the Tigers represent.

THE FIRST round of direct talks between the Government of Sri Lanka=20
and the LTTE has produced some positive outcomes that will have a=20
direct bearing on how the conflict resolution process will unfold in=20
the months to come. As anticipated, no major issues of disagreement=20
emerged. Neither was there a settlement accord as such, signed by the=20
two sides. Those who designed this negotiation exercise =8B the process=20
designers =8B were obviously careful to send out positive messages=20
through the substance as well as symbolism of talks. At the=20
negotiation table, there were no flags. Nor were there contentious or=20
controversial statements. The negotiation agenda in this first round=20
does not seem to have included any controversial theme either. The=20
so-called `core issues' were not on the agenda. At the press=20
conference after the conclusion of talks, the two negotiating teams=20
and their Norwegian interlocutors appeared relaxed, positive and=20
committed to moving forward.

In the statements made at the opening ceremony of September 16 as=20
well as at the press conference of September 18, it was Anton=20
Balasingham, the LTTE's chief negotiator, who made the politically=20
most significant points. Mr. Balasingham's repeated assertion that=20
the Tamil Tigers did not operate on the categories of a separate=20
state is obviously the most noteworthy idea to have emerged from=20
Thailand talks. Although this statement may not have surprised close=20
watchers of LTTE politics, it represented a crucial development in=20
the conflict transformation process in Sri Lanka. Mr. Balasingham's=20
elaboration of the LTTE's commitment to autonomy and autonomy-based=20
self-determination is the first official admission by the Tigers'=20
leadership that the so-called `sole representatives' of Sri Lankan=20
Tamils have in fact reviewed and revised their original, maximalist=20
goal. This transition from secession to autonomy is indeed an outcome=20
of 20 years of a bloody war, combined with political-strategic=20
sensitivity to radically new circumstances of global, regional and=20
national politics.

It is worth noting that the LTTE's chief negotiator waited till the=20
end of the first round of official talks to make the autonomy=20
announcement. Even that was in response to a question put to him by a=20
journalist. It may be possible that during, or even much before, the=20
official talks, the Tigers' delegation may have divulged this=20
political `secret' to the Colombo Government. However, Mr.=20
Balasingham probably waited till the formal talks to take place to=20
make this very important point public. With the autonomy=20
announcement, the LTTE leadership has re-positioned itself vis-a-vis=20
the Sri Lankan state in such a way that returning to the old=20
secessionist goal would not be particularly viable. However, the=20
trajectories of transforming the LTTE's proclamation of autonomy into=20
a stable political commitment will be contingent on how the Colombo=20
Government handles the future challenges of concretising the regional=20
autonomy proposal. That indeed is a difficult process which requires=20
substantial reforms of the existing Sri Lankan state.

The primacy of economic reconstruction in a process of peace is=20
another significant point made by the two sides. It appears that both=20
the United National Front Government and the LTTE have come to the=20
conclusion that normalising life in the North and the East through=20
economic reconstruction and the further development of the economy in=20
the rest of the island are intertwined. Mr. Balasingham at the press=20
conference hinted at an extremely interesting turn in Sri Lanka's=20
North-South relations: the North needs the South to come out from=20
destructive consequences of the war and the South needs the North to=20
come out of its economic crisis. Both sides have linked peace to=20
economic imperatives. This is where Sri Lanka's present peace process=20
might look qualitatively different from previous attempts: the peace=20
project is internationalised in a global economic sense. It is no=20
accident that Sri Lanka's Prime Minister, Ranil Wickremesinghe, was=20
meeting investors in New York when the Government and the LTTE were=20
negotiating in Thailand. The Sri Lankan Ministers, G.L. Peiris and=20
Moragoda, left Thailand on September 18 only to fly to New York to=20
join the Prime Minister's campaign of `invest in peace'. The signs=20
are that, eventually, some of the LTTE leaders might also join with=20
the Government team to seek global support for peace through economic=20
reconstruction. But linking peace to the flows of global capital is=20
not a hazard-free process, although rapid economic recovery is=20
integrally connected to Sri Lanka's challenges of emerging from a=20
protracted civil war.

It is quite interesting that both the Government and the LTTE=20
delegations downplayed the importance of the idea of an interim=20
administration. The pre-negotiation speculation in Colombo was that=20
the talks would primarily focus on working out the modalities for a=20
Tiger-controlled interim administration for the Northern and the=20
Eastern provinces. There were probably two reasons why the interim=20
administration issue was de-emphasised. First, the two sides probably=20
avoided decisions that could have immediately generated controversy=20
and resistance in the Sinhalese South. Second, as Mr. Balasingham=20
himself asserted at the press conference, the LTTE is more interested=20
in transforming its own system of administration into one entrusted=20
with the task of reconstruction, rehabilitation and economic=20
development. Political consolidation at home and recognition as well=20
as legitimacy abroad seem to be at the top of LTTE's current=20
priorities.

Some of Mr. Balasingham's remarks at the press conference also=20
demonstrated the depth of the complexities that are to emerge in=20
future rounds of talks. The path to regional autonomy for the=20
Northern and the Eastern provinces entails the task of incorporating=20
in the existing state of Sri Lanka, the military, administrative and=20
other structures set up by the LTTE. Although many observers are=20
still reluctant to admit it, the LTTE has established in areas under=20
their control structures, institutions and personnel of a=20
quasi-state. Dissolving any of these structures would be totally out=20
of the question. In fact, the LTTE's vision and strategy for regional=20
autonomy presupposes linking their quasi-state to the Sri Lankan=20
state. In that sense, disarming of the LTTE, or de-commissioning of=20
its weapons, or dissolving its fighting units might not be negotiable=20
issues. Similarly, the LTTE is most likely to seek a framework of=20
accommodation for its administrative structures to be incorporated=20
into the arrangements of power sharing with the Sri Lankan state. As=20
much as the LTTE has become flexible by retreating from the project=20
of a separate state, the UNF government will have to keep open the=20
doors of Sri Lanka's state for the regional autonomous entity the=20
Tigers represent.

It is very likely that the next few rounds of talks will mainly focus=20
on the issues of reconstruction and economic development in Sri=20
Lanka's conflict zones. The LTTE will obviously seek a direct role,=20
in partnership and on a par with the Government, in the formulation=20
and implementation of policies pertaining to those tasks. In the=20
process, the LTTE will also get an opportunity to transform its=20
structures of administration and control into institutions of=20
autonomy from below. However, the question of the political and=20
constitutional framework within which this incremental change can=20
occur will, sooner than later, have to come to the centre of the=20
negotiation agenda. That will actually be the real core issue around=20
which the negotiation trajectories in future may revolve. This is=20
where Sri Lanka is very likely to provide an attractive experiment in=20
constitutionalising autonomy claims that are already laid out on the=20
ground.

(The writer is Professor and Head, Department of Political Science=20
and Public Policy, University of Colombo.)

_____

#2

BBC News
25 September, 2002, 18:39 GMT 19:39 UK

Dhaka hardliners protest against play

Playwrights say extremists are targeting theatre groups

By Moazzam Hussain
BBC correspondent in Dhaka

Hundreds of militant Islamists in
Bangladesh have taken part in protests against a controversial play
they say hurts Muslim religious sentiments.

"I feel that my freedom of expression is under threat from these
extremist groups"
Mamunur Rashid, playwright

The play, written by a Hindu playwright, tells the story of a young
girl trafficked to India for prostitution.

Muslim leaders are objecting to a sequence of the stage show where a
man plays the role of Prophet Mohammad.

But the playwright, Sambit Saha, said there was no such scene in his
original manuscript.

The play - Kotha Krishnakoli or Story of Krishnakoli - was first
staged in the capital Dhaka several months ago when nobody objected.

Playwright arrested

o o o

The Daily Star (Dhaka)
27 September 2002

Journalists' arrest slated

Staff Correspondent
Different organisations yesterday condemned the 'fundamentalist's=20
threat on the cultural activists and organisations' regarding staging=20
of a drama in Faridpur.

They also condemned arrest of two district corespondents of two=20
national dailies over the staging of the drama and demanded their=20
immediate release.

In a joint statement yesterday, leaders of Ekatturer Ghatak Dalal=20
Nirmul Committee (committee for elimination of killers and=20
collaborators of '71) and Muktijuddher Smriti Shangrakkhan Kendro=20
(centre for preservation of the memories of the liberation war) said=20
some 'identified' fundamentalists of Faridpur were claiming that the=20
drama, 'Kotha Krishnokali' belittles Islam. But their claim is=20
baseless and mali- cious, they said.

The leaders said the fundamentalists have lodged a case with a police=20
station of Faridpur, but police arrested two journalists --Amaresh=20
Roy and Ashokesh Roy who were not listed in the case.

They said the fundamentalists are now threatening that they would=20
kill the people who were involved with the drama.

They demanded a judiciary inquiry into the staging of the drama and=20
immediate release of the two journalists.

Signatories of the statement include Prof. Kabir Chowdhury, Kalim=20
Sharafi, Shawkat Ali, Shamsur Rahman, Gaziul Haq, Syed Shamsul Haq,=20
Mawlana Abdul Awal and Kamal Lohani.

Meanwhile, leaders of Bangladesh Shamprodaik Sampriti Parishad=20
(association for communal harmony) in a statement yesterday expressed=20
their deep concern over the fundamentalists' threat and police action=20
on minority community in Faridpur.

They said the failure of the government to ensure safety and security=20
to the minority communities would not do any good to the country.=20
They called upon the people to resist all the fundamentalist=20
activities.

Signatories of the statement include Justice KM Sobhan, Subrata=20
Chowdhury, Prof. Mosharraf Hossain, Dr. Rangalal Sen, Prof. Ajay Roy,=20
Mostafa Amin and Sheikh Muhammad Shahidullah.

_____

#3.

I N S A A N I Y A T
The Coalition for Communal Harmony
Mumbai

To,
The Editor,
Dear Madam/ Sir, 25.09.2002

Please publish the following reaction in your
esteemed publication and oblige.
Yours sincerely,
Anjum Rajabali Dilip D'Souza Jairus Banaji Geeta Seshu
Sandhya Gokhale, and others from Insaaniyat

PRESS RELEASE
We strongly and unequivocally condemn the appalling attack on the
Swaminarayan Temple complex and the senseless slaughter of innocent people
there.
Close on the heels of the carnage at Godhra and the horrific violence that
followed in Gujarat, such acts will only strengthen the forces of
communalism in the country as well as those elements in society and
government who are working to undermine our democracy.
The most urgent priority is restoration of the rule of law without further
delay, and a cool, rational and clear-headed response to the present
situation.
It is imperative that we do not allow the band of jingoists and
fundamentalists to use this tragedy as a further pretext to beat their war
drums and launch fresh attacks on the minority community. We should not
allow the rabbit of "action and reaction" to be pulled out again from the
hat of hatred.
Every step into hatred leads us closer to destruction. As we mourn the dead
and injured, we resolve to fight for an India that will be free of the
hatreds that produced this atrocity.

_____

#4.

Dear friends:
Please find below a message of solidarity which we, on behalf of=20
INSAF, have sent to the organizers of a Convention in Ahmedabad. It=20
takes place on Sept. 28.

hari sharma
president, INSAF

INSAF: International South Asia Forum
Secretarial office: 2520 Lionel Groulx #13, Montreal, QC, Canada H3J=20
1J8 (Tel. 514 939-2522)
(e-mail; insaf@i... or visit our website http://www.insaf.net)

September 26, 2002

Dear Comrades and Friends:

On behalf of INSAF (International South Asia Forum), and its many=20
affiliated and associated organizations in various cities of North=20
America, we send you our warmest greetings. We congratulate you, and=20
we thank you, for organizing SAVE GUJARAT, SAVE INDIA Convention on=20
September 28, in the city of Ahmedabad.`

What happened in Gujarat during February and March of this year was=20
not a communal riot. It was a pogrom, a genocide, a thorough-going=20
effort at ethnic cleansing. The orchestrated carnage was not a=20
response to Godhra; it would have happened anyway under some other=20
excuse. It wasn't a case of collapse of the state machinery either.=20
On the contrary, it was a well-organized and a most malicious use of=20
the entire state apparatus, including the connivance of the Central=20
Government.

And it was a major milestone in the steady march towards fascism=20
which the Hindutava hordes embarked upon long time ago, picking up=20
momentum during the eighties. Dark clouds have been gathering on the=20
Indian skies for almost two decades now, an increment here followed=20
by an increment there, which ultimately burst on Gujarat this year.

It isn't over yet. The perpetrators of the henious crimes - the mass=20
killers, the mass rapists - have been dancing on roof tops. Not=20
remorse, it is "gaurava" which the criminals are loudly broadcasting,=20
and marching with. Modi only gets the gentlest of raps on his wrist,=20
once in a while, from his masters in New Delhi; what thumps on his=20
back is the pat of loud approval.

The dark, menacing clouds of fascism are still howering on the skies=20
- not just in Gujarat, but in many other parts of India.

India needs to be saved from fascists. The unique composite=20
civilization which evolved over centuries, the beautiful tapestry=20
woven with strong threads of many faiths, many religions, many=20
languages and cultures, needs to be saved and strengthened.

Histories and destinies have brought us, the Diaspora, to far away=20
lands. We cannot shape the events within the homeland. But, like the=20
vast majority of people of India, we too have anguished and agonized=20
over what happened in Gujarat, and over the manner the fascists have=20
been gaining strength for many years. In city after city, we have=20
marched. We have organized rallies and public fora. We have launched=20
campaigns. We have tried to educate, organize and agitate people=20
among the Diaspora. We have tried to build links with members and=20
institutions of the larger society - in countries where we live. We=20
have tried to make it difficult for the likes of Sadhwi Ritambhra or=20
Uma Bharati to peddle their poison here. We have tried to isolate the=20
handful of vocal and resourceful apologists of Hindutava fascists=20
living here from the vast majority of South Asian Diaspora.

And we pledge to do more.

The crimes committed in Gujarat were not ordinary crimes. These were=20
Crimes Against Humanity, Crimes of Genocide. It is not sufficient to=20
ensure that the likes of Narendra Modi do not rule over Gujarat any=20
more. They all, and their mentors and masters sitting in New Delhi=20
and elsewhere, must be treated as those who have committed Crimes=20
Against Humanity and Crimes of Genocide. And they must be tried in=20
appropriate courts and put away.

We in INSAF undertake to take the matters to the international arena=20
and various fora to insure that the criminals are treated in the=20
manner they ought to be, provided we get the logistic support from=20
people and organizations like yourselves who have organized this very=20
important and timely Convention in Ahmedabad.

We send you our warmest solidarity. And we wish you a very successful=20
Convention. We hope you will tell us what you want us to do.

Hari Sharma
president, INSAF
(International South Asia Forum)

_____

#5.

Far Eastern Economic Review
Issue cover-dated October 03, 2002

INDIA
Closet Drama
Caught between harsh laws and cultural conservativeness, Indian gays=20
often lead lives of frightened secrecy. But now hopes are high they=20
may be on the brink of a legal breakthrough

By Jason Overdorf/NEW DELHI

"HOW DO I LOOK?" asks Prafulla, a 24-year-old Bengali man. He is=20
wearing a red skirt garlanded with purple nasturtiums and a gold silk=20
shirt, beneath which a black bra is clearly visible. He has wrapped a=20
black headscarf around his head in a turban unlike any Sikh's, and=20
around that he has tied a fluorescent print headband. Doubt furrows=20
his brow. "Are you sure you are comfortable with this?" he asks me.

Tonight's underground party on the outskirts of New Delhi is one of=20
the rare places where it is safe for Prafulla (who asked not to be=20
identified by his real name) and his three friends to dress in drag.=20
Spraying himself liberally with perfume in a beauty parlour in one of=20
city's poorer districts, he explains that the four homosexual men=20
always wear dresses when they go to Delhi's gay parties. "It is our=20
only opportunity," he shrugs.

Homosexuals are still liable to prosecution under Section 377 of the=20
Indian Penal Code, which prohibits "unnatural offences" or "carnal=20
intercourse against the order of nature." The penalty for the offence=20
is a prison term of between 10 years and life. Consenting adults are=20
almost never taken to court; there have been fewer than half a dozen=20
cases, and most of those were before India won independence. But the=20
threat of prosecution and exposure makes for rampant police abuse,=20
say activists. That not only causes India's estimated 50 million gay=20
men to live in fear, it also hampers the fight against Aids. Nearly 4=20
million Indians were HIV-positive as of 2001, and Aids still claims=20
more than 100,000 new victims a year, according to India's National=20
Aids Control Organization.

"We noticed . . . that there was a lot of harassment . . . by=20
goondas--that's professional hoodlums--as well as by the police,"=20
says Shaleen Rakesh of the Naz Foundation, a group that has been=20
working with gay men to prevent the spread of HIV/Aids since 1994.=20
"That was a problem for us, because when we're talking of HIV/Aids=20
work, then we need spaces where we can talk about these issues=20
without fear, spaces where the community does not feel vulnerable."=20
Documented cases of harassment include not only extortion but also=20
illegal detentions and physical and verbal abuse by police. Naz,=20
which means "pride" in Hindi, also found that police and hoodlums=20
were harassing their own outreach workers: In one case police even=20
jailed workers from another organization for promoting so-called=20
unnatural sex.

"The law is the law," says Dr. Kiran Bedi, joint commissioner of=20
training for the Delhi police. "The police do not have discretion."=20
On the other hand, she adds, "The police have no business asking for=20
money."

But culpable or not, officers have little reason to fear disciplinary=20
action as long as the men they target remain afraid to lodge=20
complaints. Which is why Naz last year petitioned the government to=20
amend Section 377 to legalize consensual homosexual sex between=20
adults, arguing that the law violates articles of the Indian=20
constitution that guarantee the right to life, privacy and free=20
speech. The government has been stonewalling, but the court has=20
proven to be encouragingly sensitive on the matter, says Rakesh,=20
coordinator of the division of Naz that brought the petition. On=20
August 26, India's High Court refused to accept the state's argument=20
that changing the law is inappropriate because homosexuality goes=20
against "the morality in society as a whole." Saying that the issue=20
"could not just be brushed aside," the bench instructed the=20
government to file its response to the petition by November 27, the=20
third and last such deadline.

Those comments from the judiciary had "an enormous impact on morale"=20
in the gay community, says Rakesh, and made Naz hopeful that it could=20
get a final ruling by as early as next year. That would be lightning=20
speed for India's slow-moving courts. Legal experts warn, though,=20
that the court is unlikely to rule on the petition before it receives=20
a response from the state, even if that means extending its=20
supposedly final deadline. Still, all acknowledge the importance of=20
this incremental step, which demonstrates the court's commitment to a=20
resolution and which gay activists see as a hint of sympathy with=20
their cause.

India owes its anti-sodomy law to the British. Indeed, many other=20
former British colonies in the region--Singapore, Malaysia, Pakistan,=20
Bangladesh and Sri Lanka--still have pre-independence anti-sodomy=20
laws in place. In India, though, Hinduism's treatment of sexuality=20
was traditionally more nuanced. The friezes on some of the country's=20
important old monuments are homoerotic, and though there are=20
proscriptions against homosexuality in the Hindu texts, "they are=20
much milder than those against inter-caste marriage," says Saleem=20
Kidwai, who co-edited Same Sex Love in India, an anthology of=20
homosexual writing.

But modern Hindu fundamentalists and Indian society at large=20
vehemently oppose homosexuality. Until that changes, gay men and=20
women who are persecuted will have little recourse to redress. The=20
Naz Foundation has already lodged a formal complaint on behalf of one=20
member of the community with the National Human Rights Commission,=20
only to be told it is impossible for one body of the government to=20
guarantee rights to individuals whom another body considers criminals.

The effects of the repressive atmosphere are evident at the party=20
that Prafulla and his friends are attending on New Delhi's outskirts.=20
The group of 20 or so organizers are used to dealing with the=20
authorities, but tonight they are especially worried. To hold a party=20
for as many as 200 guests takes a serious investment, in this case an=20
outlay of 60,000 rupees ($1,250) to hire a venue and buy food and=20
drink. Normally the police are satisfied with a nominal bribe,=20
sometimes as little as a bottle or two of booze. But tonight someone=20
has spread the word via anonymous text-messages that there is to be a=20
raid by the media and police. Local journalists have already arrived=20
unexpectedly, carrying press-release-style invitations that were=20
mysteriously faxed to them.

Inside the iron gates, drag queens greet each other with enthusiastic=20
air-kisses and younger men at relative ease with their sexual nature=20
chat casually around the swimming pool and dance floor. But=20
40-year-old men with the moustaches, paunches and polo shirts that=20
distinguish India's conservative middle class stand awkwardly on the=20
party's fringes. It is a future that few of the younger set wish to=20
contemplate. The older men represent the reality of life for the vast=20
majority of Indian homosexuals: Only a tiny minority of Indian gays=20
express their sexual nature openly, say activists, and most are=20
compelled by their families to marry and raise children.

For gays living in the countryside or in impoverished communities,=20
life is still harder. There is little access to information about=20
homosexuality and few opportunities to establish even a furtive gay=20
lifestyle. Many turn to prostitution or join forces with bands of=20
eunuchs. Some even submit to castration. Lesbians face as great or=20
greater obstacles.

Prafulla's experience indicates the impact that access to information=20
can have. "Until I joined Naz, I thought I might have some disease. I=20
didn't know what I was. Now [the meaning of] gay is very clear to=20
me," he says.

"But still my family doesn't know. The day my parents decided I had=20
to get married, I sat up all night worrying, thinking I should run=20
away." Naturally, he had serious reservations, but in his case=20
marriage turned out to be less difficult to manage than he'd feared.=20
"I had the misconception that I wouldn't be able to keep my wife=20
happy, both physically and mentally. But I am finding it quite easy.=20
My wife doesn't know about me, either. I want to tell her. She's my=20
life partner."

By 2 a.m., the party is jumping and the police have arrived. This=20
time, perhaps because of the unknown saboteur's faxed publicity=20
campaign, it is impossible to put them off. Someone overhears a=20
policeman discussing a false report of shots fired. One of the=20
organizers gives the order to cut the generator, so that the=20
revellers can slip away in the dark. Some of the men who have=20
stripped down to their underwear and jumped in the swimming pool now=20
scramble over the walls half-naked, running and hiding like the=20
criminals that they are under India's law.

_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/

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