Comment
Dr. Siegfried O. Wolf (Heidelberg)
Clouds over the Rainbow: LGBT Communities in Bangladesh
No. 8, December 2013
ISSN 2196-4181 1
APSA Comment ist eine regelmäßig erscheinende Kommentare-Reihe mit einem Fokus auf aktuelle politische Ereignisse und Situationen Südasien betreffend. Die Reihe kommentiert aktuelle Ereignisse aus Expertensicht. APSA Comment is a frequently published comment series with a focus on current political events and situations concerning South Asia. The series comments current events from an expert’s point of view.
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2
In
the
last
has
some of the core principles of Good
of
Governance and Democracy, implemented
international media and academic debates.
in relation to the LGBT community? And last
Mostly due to the volatile political situation
but not least how can the European Union
combined with a dramatic rise of Islamic
(EU) make a difference in protecting LGBT
fundamentalism, and related attacks on and
rights in Bangladesh?
increasingly
years been
Bangladesh in
the
focus
suppression of marginalized groups. Some of the most affected groups are sexual
Generally one must state, that LGBT people
minorities,
are subjected to a high degree of violence
foremost
Lesbians,
Gays,
Bisexuals, Transgender, Hijras and Kothis,
and
or in brief LGBT communities. This is sadly
minorities are also regularly loosing several
gaining momentum, since there is already a
inter-related rights such as freedom of
tremendous amount of private and public
opinion and expression, personal security,
pressure
peaceful
on
people
which
identify
discrimination.
In
assembly
addition
and
sexual
association
themselves as part of sexual minorities.
participation in public and cultural life, right
Bangladesh,
to work, right to found a family. In addition,
although
historically
a
relatively tolerant and open-minded Muslim
there
are
numerous
social
barriers,
majority country, remains conservative on
ostracism like employment and housing as
sexual matters. Therefore, large sections of
well as difficulties in getting health care
Bangladesh’s society seem to reject each
treatment among many other hurdles.
sexual orientation which is perceived as “non-traditional”
and
heterosexuality cultural
as
norm.
the In
only
portrays
There are numerous reasons why this is
accepted
happening. To begin with, there is an
consequence,
unfortunate
political
culture
which
is
homosexuality is becoming criminalized to
determined by a high degree of polarisation,
such an extent that not only cultural values
hostility, and politics of revenge between the
and societal norms but also national laws
major political parties. Political actors see
are in serious conflict with internationally
democracy as a zero-sum game marked by
accepted human, gender, and sexual rights.
a
destructive
tit-for-tat
strategy.
By
internalising such a notion of ‘democratic Having this in mind, one should shed light
behaviour’ it does not astonish observers
on following questions: What is the current
that the achievement of partisan objectives
situation in Bangladesh regarding the LGBT
is prioritized over national concerns. In this
community as well as the general political
context, not only political institutions and
context?
society are highly politicised but also the
What
Bangladesh’s
is
the
approach
government towards
of
LGBT
whole
rights? How are equality and inclusiveness,
governmental
machinery.
Appointments in politics and administration
3
are based more on loyalty and kinship,
experienced a process of Islamisation. It
instead on performance and skills. In
does not come by surprise, that there is a
consequence, many of the state agencies
lack of confidence of the people in the
remain ineffective and absence in rural and
political leadership which implemented a
certain urban areas which leads to a
highly
deterioration
poor
decision-making style extending the power
governance, thus also enhancing endemic
distance between politicians and general
corruption. Additionally the undemocratic
public. Latter is just seen as an instrument
nature
of
to outbid the political enemy. This is
political parties contribute as well. Political
noteworthy, since there is no constructive
parties possess a weak organizational
working
structure, lacking internal democracy and a
government and opposition. In result, the
code of ethics. They suffer from a high
parliament as a place for political debate to
degree of party factional feuds and rivalries,
deal with issues concerning the opposition
which have lead to numerous fissions and
and the people is paralysed and/or side-
fusions in the past. Excessive personal
lined.
leadership
patron-
grievances, politics were moved to the
patronage
streets, especially by calling hartals, a
constitute another negative trait of the
South Asia term for general strikes, with
country’s
detrimental ramifications for the already
of
and
the
already
unprofessional
cult,
clientelism,
and polity.
practice
dynastic
rule,
politics
of
At
the
same
time,
centralized
relationship
Instead,
criminalization of politics, coercion as an
deteriorating
acceptable
However,
mode
of
governance
and
and
in
personalised
between
order
socio-economic besides
the
ventilate
conditions. increasing
widespread use of violence are the modus
international
operandi within the political landscape.
unfortunate trajectories, the situation of
Subsequently musclemen,
politicians, so
called
awareness
to
the
of
these
relying
on
millions of Bangladesh’s LGBT citizens is
mastaans
or
rarely
reflected.
Nevertheless,
the
goondas, to achieve goals in an unrestricted
extraordinary discriminating legal, political
struggle for power has became a feature of
and social conditions of LGBT make it
Bangladeshi politics. This is especially
mandatory to put it on our agenda today.
alarming since there is a well-established culture of impunity for extralegal and
Legally LGBT Rights are not recognized
extrajudicial activities. Another important
and homosexual acts are seen as an
feature of Bangladesh’s uncertain political
offense.
climate is the tense civil-military relationship
stigmatization is Section 377 of the Penal
which led to indirect militarization of politics
Code of Bangladesh, which is a resilient
and direct military rule. Especially under
relict of the British jurisdiction from the days
military rule, like in Pakistan, the country
of the colonial rule in South Asia. In brief,
4
Responsible
for
this
legal
this provision declares same-sex-sexual-
Bangladeshi authorities to change the
activities as ‘against the order of the nature’.
current legal setup and judicial practices.
Regarding this rationale, it also does not
Until today, despite all recommendations,
recognize
“a
or
foremost by the latest Universal Periodic
domestic partnership between adults of the
Review in 2013, the government prefers to
same
remain
sex“.
marriage,
civil
Interpreted
as
union
‘unnatural
inactive
traditional and cultural values’ and ‘sexual
sodomy.
of
orientation is not an issue’. Consequently,
homosexual activities are classified by state
Bangladesh still belongs to a shrinking
and society as unacceptable and as such
number of states that not only refuse to
punishable with deportation, fines and up to
recognize
10 years life imprisonment. In this context
criminalize same-sex sexual relationship.
one should recognize that Section 377, as
This an unfortunate since the constitution
interpreted by the British, was solely
actually provides for legal recognition of the
directed against a certain sexual practice.
LGBT rights: Section II, Article 19 promises
However, in today’s Bangladesh the scope
equal opportunity for all citizens, and
of the regulation was broadened more and
Section III, Article 27 Promises equality
is now aimed at all sexual minorities and
before the law for all citizens.
their
The second challenge is that even if Section
expression
of
respective
sexual
orientations and practices.
same-sex
with
that
homosexuality as an act which includes kind
society
point
‘Bangladesh
any
a
a
offences’, the legal system understood
Subsequently,
is
making
unions,
but
strong
also
377 of the Penal Code is not or only very rarely enforced, it is used by the state
Besides the fact that Section 377 is a
agencies to ‘tease and bully’ LGBT people
human rights violation, several statements
with impunity. Additionally it provides the
in the recent years have tried to downplay
legal base for further regulations like the
this by pointing out that ‘in practice the law
Section 86 of the Dhaka Metropolitan Police
was rarely enforced’. However, this might
Ordinance - the ‘Penalty for being found
be a part of the story but it is definitely
under suspicious circumstances between
misleading
sunset and sunrise’ - which is commonly
and
distracts
from
other
significant challenges:
used to harass persons in public spaces.
First, there is no law which protects the LGBT
communities
against
abuse
of.
These two flashpoints are creating an
Furthermore, it seems that there is no
atmosphere
serious interest on the part of the main
attitudes towards LGBT people can prosper
political actors to implement any substantial
unhampered. Consequently Lesbian, Gays,
anti-discrimination laws. Here, there is a
Bisexual and Transsexual, Hijras and Kothis
clear lack of political will on the side of
getting are being pressured by state and
5
in
which
negative
social
not-state actors. Here we find another
that the growth of religious extremism has a
commonality
tremendously negative impact on the status
between
Pakistan
and
Bangladesh. Non-state actors are feeling particularly
encouraged
to
of LGBT people.
discriminate
because the so-called ‘morality reminders’
Also from the academic side, there is hardly
in
and
any constructive contribution which could
physical harassments are not sanctioned
give an impetus for the political-legal
and
largely
sphere. Most of the scientific papers and
impunity. Furthermore, there is tremendous
discussions are focusing on the health
social pressure, as already indicated due to
perspective, mainly the issue of HIV/AIDS
the rise of Islamists in the country, who are
among male prostitutes. Which of cause is
trying to impose their illiberal model of life
an important issue, but it narrows down the
and society on the people of Bangladesh.
debate down to just one fragment of a much
Since LGBT communities, for obvious
larger puzzle. As such, the discourse has
reasons,
fanatic
been reduced to health issues, ,sidelining
sentiments of the Islamists in general and
the domain of ‘rights’. Furthermore, this
especially
strictly
indicates that organizations and individuals
LGBT
working towards an improvement of the
communities have unfortunately moved into
situation of LGBT communities in the
the
violence.
political and legal spheres are keeping a
Furthermore, the Islamists spend much time
low profile. In other words, they still to face
and effort to intervene in any up-coming
tremendous
public debate on LGBT rights, either in
segments within the state authorities and
order to suppress or to manipulate it in
hostilities and threats through religious
order to promote their radical doctrines.
conservatives and Islamic fundamentalists.
They are especially successful in doing so
Consequently,
due to the fact that Bangladesh lacks an
concerned with the conditions of the LGBT
objective,
communities
form
of
discrimination,
prosecutors
patriarchal
do
not
not
are
enjoying
share
their
of
these
notion
organised
limelight
verbal
of
family,
extremist
non-partisan
and
neutral
difficulties
some
prefer
by
of
to
intolerant
the
focus
groups
on
less
discussion on the situation of the LGBT
‘noncontroversial’ issues before they get
citizens and measures how to improve it.
targeted by Islamic fanatics. The campaign
Instead,
of
officials
either
ignored
this
hate
against
Nobel
Prize
winner
imperative or choice a policy of denial.
Muhammed Yunus defaming him as un-
Ultimately, this created a vacuum in the
Islamic because of his criticism of the
public sphere which is giving Islamists the
persecution of gay people in Uganda is one
opportunity to determine the cause of
of the most prominent examples. Another
current and future societal and political
significant
developments. Therefore, one must state
feminist writer Naslima Nasreen who had to
6
case is the
intimidation of
flee from Bangladesh because of her
activities, but also for being women; which
engagement for Women Right’s and her
have been marginalised in the cultural-
critical stance towards Islam. Both affairs
societal context of Bangladesh. This would
clearly lay out how Human Rights defenders
not only enhance the efficiency of their
in Bangladesh are not only left without
efforts
protection against non-state actors but also
strengthening of civil society. Second, there
how they are targeted by state actors, which
is an urgent and essential need for a
are
religious
national
conservative and Islamist ideology or try to
political
appease the fundamentalists for partisan
rapprochement the extraordinary political
political purposes.
polarisation and instability which constantly
either
influenced
by
but
also
consensus parties.
lead
to
among Without
a
further
the
main
such
a
creates an environment of fear, violence, However, in order to improve the situation of
and intolerance will continue. In both
minorities
LGBT
directions the EU could and must play a
communities in particular, Bangladesh is in
crucial role in facilitating an agreement with
need for a responsible, qualified research
the major conflicting parties in Bangladesh.
based-engagement in order to encourage a
Agreements like the ‘Everything but Arms’
much broader, non-partisan, qualified and
(EBA) scheme -which grants Bangladesh
responsible public debate. It must be seen
most preferential trade arrangements with
as an imperative that this debate also leads
the EU-might be put more in the forefront in
to political decisions and the implementation
two directions: Not only to ensure the
of legal reforms. In order to do so, certain
compliance of the Bangladeshi decision-
immediate measures are required. First of
makers with Human Rights obligations and
all, Human Rights defenders concerned
implementations, but also to stick to their
about the LGBT communities have to be
promises to ensure an improvement of the
integrated into the main stream of the social
relationship between the two major political
movement sector in Bangladesh. Some
parties and their leaders. In sum, a strong
initial steps in this direction have already
civil society and a national consensus are
been
cooperation
two of the most significant requirements not
between the sexual minority movement,
only to ensure the upcoming elections but
mainstream Human Rights and other social
also to contain and eradicate Islamic
movements as well as academia. For
fundamentalism. Only if these features
example, lesbian women, which are one of
determine and shape the contemporary and
the most vulnerable group since they have
future trajectories of politics and society, will
to face the
there be a viable chance to accommodate
in
made
general
to
enhance
twofold
and
challenge
of
an
heterosexual patriarchy: lesbians are not
the
only being targeted for same-sex-sexual
communities in a sustainable manner.
7
interests
of
Bangladesh’s
LGBT