From: Human Rights Coordinator <hrcoord@igc.org>
Newsgroups: soc.culture.latin-america
Date: 21 Jul 92 07:20 PDT
Subject: NICARAGUA: ANTI-GAY LAW
Nf-ID: #N:cdp:1473800085:000:3846
Nf-From: cdp.UUCP!hrcoord    Jul 21 07:20:00 1992


From: Human Rights Coordinator <hrcoord>
Subject: NICARAGUA: ANTI-GAY LAW

/* Written  8:32 pm  Jul 20, 1992 by aimlgc in cdp:ai.general */
AMNESTY INTERNATIONAL USA
NEWS RELEASE

For Immediate Release, Friday, July 10, 1992 Contact: Lynn Nottage
(212) 633-4208

NICARAGUA: AI CONCERNED AT PROPOSED TIGHTENING OF LAWS ON
HOMOSEXUALITY

	Amnesty International has written to the government of
	Nicaragua to express its concern at proposed reforms to
	the Penal Code which AI fears could allow for the
	imprisonment of people for advocating homosexual rights or
	for homosexual acts in private with a consenting adult of
	the same sex.  On June 11, 1992 the Nicaraguan Assembly
	approved an amendment to Article 205 of the Penal Code
	which provides that "anyone who induces, promotes,
	propagandizes or practices in scandalous form sexual
	intercourse between persons of the same sex commits the
	crime of sodomy and shall incur 1 to 3 years
	imprisonment".  The approved amendment is awaiting
	ratification by the President, who has the power of veto.
	In a letter to President Violeta Barrios de Chamorro,
	Amnesty International stated its concern that, by
	extending the crime of "sodomy", as currently defined in
	Article 205, to cover the "promotion" of homosexual acts,
	the proposed amendment appeared to open the way to the
	prosecution and imprisonment of individuals for exercising
	their right to freedom of expression, for example by
	advocating homosexual rights or making available sex and
	health education information.  If imprisoned for this
	reason, such individuals would be considered by Amnesty
	International to be prisoners of conscience.  If ratified,
	the amendment to Article 205 could also allow for the
	imprisonment of individuals for consensual homosexual sex
	in private between adults.  Article 205 of the current
	penal code, which criminalizes acts of "sodomy which
	outrage public morals", includes provisions apparently
	aimed at outlawing sexual acts which are public, coercive,
	or involve minors.  The amendment approved by the Assembly
	replaces these provisions with an even broader and more
	undefined provision criminalizing homosexual sexual acts
	practiced "in scandalous form." Amnesty International is
	concerned that the amendment apparently offers no
	guarantee that Article 205 will not be applied to
	individuals engaging in freely consensual homosexual
	relations between adults and in private; if imprisoned for
	these reasons, Amnesty International would demand an
	unconditional release of such persons as prisoners of
	conscience.  Although the stated motivation for reforming
	certain articles of the penal code was to combat the
	perceived increase in sexual offences, the amendment
	extending the application of Article 205 appear intended
	to criminalize the expression of homosexual identity in a
	broad range of forms, in a way that could lead to the
	violation of fundamental human rights.  Amnesty
	International urged the President to clarify the intended
	scope and application of the proposed penal code amendment
	awaiting ratification, and to ensure that the Nicaraguan
	penal code will never permit the imprisonment of people
	for non-violent advocacy of homosexual rights or for
	consensual and private homosexual acts between adults.
	Amnesty International has for many years opposed the
	violation of human rights of homosexuals through its work
	to strop torture, the death penalty and extrajudicial
	execution, and by calling for the release as prisoners of
	conscience of people detained because of their advocacy of
	homosexual rights.  Amnesty International has recently
	expanded its mandate to include, as prisoners of
	conscience, individuals who have been imprisoned solely
	because of their practice of consensual homosexual acts
	between adults in private.

END