From: lazarus@wixer.cactus.org (Michael Lax)
Subject: Nicaraguan abuses human rights of gays and lesbians
Organization: Amnesty International Members for Lesbian & Gay Concerns
Date: Wed, 29 Jul 92 03:23:23 GMT


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.


For more information email:
Meg Satterthwaite - msatt@cats.ucsc.edu
or
Michael Lax - lazarus@wixer.cactus.org
Newsgroups: soc.motss