http://www.independent.com.mt/news.asp?newsitemid=135640
Article published on 19 November 2011 by Stephen Calleja
A Nationalist Party document set to be approved by the general council tomorrow paves the way for the legalisation of same-sex unions and relationships between heterosexuals other than marriage.
Coming six months after the PN opposed the introduction of divorce – which has since become law after the majority of people voted in favour in a referendum – the move can be interpreted as a shift from conservatism to liberalism within the party.
While insisting that marriage remains the fulcrum of a healthy society, the PN document says that the party is committed to strengthen the family, but it cannot remain oblivious to changes in the social order.
The document states that the party "understands that relationships are precious for people living the experience and understands as well that for them this relationship takes on a meaning of a family nucleus, even if they are not married. The State cannot close its eyes to this and therefore must legislate wherever necessary to establish rights and duties in such relationships, both heterosexual and homosexual."
This one paragraph could be the start of a wide change in Maltese society as we know it today if, as expected, the document is approved tomorrow.
Sources in the Nationalist Party said that the document can easily be seen as the basis on which the party's election manifesto is constructed in a few months.
While sticking to its anti-divorce position – the Nationalist Party has not changed the position it took against divorce earlier this year, and there is nothing that indicates a shift in the document being discussed this weekend – the PN clearly wants to distance itself from the accusations of being a confessional party, which were made in the run-up to the divorce referendum.
In the first of 10 concepts which are laid down in the opening part of the document, the PN says it is part of the European Christian Democrat family but "we are not a confessional or Church party and we understand that State and Church are two separate entities which do not impose their views on each other".
The document is being discussed at the Nationalist Party general council meeting which started yesterday, continues today, and comes to an end tomorrow with an address by Prime Minister and Nationalist Party leader Lawrence Gonzi.
Friday, 25 November 2011
Times: Asylum procedures blind to gender issues – experts
http://www.timesofmalta.com/articles/view/20111119/local/Asylum-procedures-blind-to-gender-issues-experts.394548
Saturday, November 19, 2011, by Bertrand Borg
Asylum seekers suffering gender-related persecution were being let down by inadequate procedures, a number of experts warned yesterday.
Many European countries, in-cluding Malta, were ill-equipped to deal with asylum issues stemming from persecution on gender or sexual orientation gr-ounds, an EU-wide report, titled Fleeing Homophobia, noted.
Difficulties in dealing with such discrimination were exacerbated by asylum seekers often being unable to self-identify themselves as victims of gender persecution, Amnesty International gender expert Elise Petitpas explained.
Ms Petitpas was speaking at a seminar organised by human ri-ghts organisation Aditus yesterday.
The seminar brought together stakeholders from government, academic and civil society agencies to analyse and debate existing frameworks for identifying and dealing with gender-based persecution.
Problems in existing frameworks began at the legislative level and permeated down to asylum case interviewers not receiving adequate training.
Many asylum seekers came from societies where sexual violence or being anything other than heterosexual was taboo, European Women’s Lobby gender and sexual violence expert Selmin Caliskan said.
Identifying victims of such persecution therefore required more care than simply asking asylum seekers about their sexual history or orientation, Ms Caliskan said. “Many women find themselves faced with a dilemma: either not saying they have been raped and risk being sent back to where they face more persecution or speaking up, having a case for asylum but being shamed and branded as having been raped,” she said.
Lesbian, gay, bisexual and transgender asylum seekers faced similar issues, which asylum processing procedures did not take into account, Aditus director Neil Falzon said.“It is unrealistic to expect asylum seekers fleeing homophobic persecution to disclose their sexual orientation the moment they are picked up by national authorities and filed for refugee status,” Dr Falzon said.
Although the 1951 UN Refugee Convention does not explicitly list gender or sexual orientation as one of the grounds for granting refugee status, EU legislation states that gender-related aspects “shall be given due consideration” when determining refugee status.
Many European countries, including Malta, do not consider persecution due to sexual orientation to be sufficient grounds for asylum, even when homosexuality is explicitly outlawed in the applicants’ home state.
The Fleeing Homophobia report also found that in many EU states, LGBT asylum seekers’ applications were rejected on the basis that they could be expected to survive in their home country if they were discreet and hid their sexual orientation. British courts have found that this expectation violated an individual’s fundamental human rights. European asylum directives are in the process of being reformed to better reflect issues faced by asylum seekers and recipient countries. It is expected that they will give greater consideration to persecution on gender-related grounds.
Asylum case interviewers often did not know how to identify cases of gender-based discrimination and relied on LGBT ste-reotypes to determine the veracity of claims, ILGA-Europe senior policy officer Joël Le Deroff said.
He cited examples from the UK, where asylum officers exp-ected LGBT asylum seekers to be members of gay lobby groups or be familiar with the works of Oscar Wilde.
Asylum Aid policy manager Debora Singer said that many of the issues faced by LGBT asylum seekers could also be applied to women asylum seekers.
Lack of awareness was key, Ms Singer said. In many cases, female asylum seekers who were subjected to systematic domestic and sexual violence were not aware that they should mention this in their asylum application.
According to Ms Petitpas, despite the examples of bad practice, there are several opportunities for improvements to the system in place.
If female and LGBT asylum seekers were given access to more information and greater input in their choice of interviewer and interpreter, existing procedural gaps would be significantly bridged, she said.
[Click on the hyperlink above to view the comments on the Times' website.]
Saturday, November 19, 2011, by Bertrand Borg
Many European countries including Malta, were ill-equipped to deal with asylum issues stemming from persecution on gender or sexual orientation grounds. Photo: Matthew Mirabelli
Asylum seekers suffering gender-related persecution were being let down by inadequate procedures, a number of experts warned yesterday.
Many European countries, in-cluding Malta, were ill-equipped to deal with asylum issues stemming from persecution on gender or sexual orientation gr-ounds, an EU-wide report, titled Fleeing Homophobia, noted.
Difficulties in dealing with such discrimination were exacerbated by asylum seekers often being unable to self-identify themselves as victims of gender persecution, Amnesty International gender expert Elise Petitpas explained.
Ms Petitpas was speaking at a seminar organised by human ri-ghts organisation Aditus yesterday.
The seminar brought together stakeholders from government, academic and civil society agencies to analyse and debate existing frameworks for identifying and dealing with gender-based persecution.
Problems in existing frameworks began at the legislative level and permeated down to asylum case interviewers not receiving adequate training.
Many asylum seekers came from societies where sexual violence or being anything other than heterosexual was taboo, European Women’s Lobby gender and sexual violence expert Selmin Caliskan said.
Identifying victims of such persecution therefore required more care than simply asking asylum seekers about their sexual history or orientation, Ms Caliskan said. “Many women find themselves faced with a dilemma: either not saying they have been raped and risk being sent back to where they face more persecution or speaking up, having a case for asylum but being shamed and branded as having been raped,” she said.
Lesbian, gay, bisexual and transgender asylum seekers faced similar issues, which asylum processing procedures did not take into account, Aditus director Neil Falzon said.“It is unrealistic to expect asylum seekers fleeing homophobic persecution to disclose their sexual orientation the moment they are picked up by national authorities and filed for refugee status,” Dr Falzon said.
Although the 1951 UN Refugee Convention does not explicitly list gender or sexual orientation as one of the grounds for granting refugee status, EU legislation states that gender-related aspects “shall be given due consideration” when determining refugee status.
Many European countries, including Malta, do not consider persecution due to sexual orientation to be sufficient grounds for asylum, even when homosexuality is explicitly outlawed in the applicants’ home state.
The Fleeing Homophobia report also found that in many EU states, LGBT asylum seekers’ applications were rejected on the basis that they could be expected to survive in their home country if they were discreet and hid their sexual orientation. British courts have found that this expectation violated an individual’s fundamental human rights. European asylum directives are in the process of being reformed to better reflect issues faced by asylum seekers and recipient countries. It is expected that they will give greater consideration to persecution on gender-related grounds.
Asylum case interviewers often did not know how to identify cases of gender-based discrimination and relied on LGBT ste-reotypes to determine the veracity of claims, ILGA-Europe senior policy officer Joël Le Deroff said.
He cited examples from the UK, where asylum officers exp-ected LGBT asylum seekers to be members of gay lobby groups or be familiar with the works of Oscar Wilde.
Asylum Aid policy manager Debora Singer said that many of the issues faced by LGBT asylum seekers could also be applied to women asylum seekers.
Lack of awareness was key, Ms Singer said. In many cases, female asylum seekers who were subjected to systematic domestic and sexual violence were not aware that they should mention this in their asylum application.
According to Ms Petitpas, despite the examples of bad practice, there are several opportunities for improvements to the system in place.
If female and LGBT asylum seekers were given access to more information and greater input in their choice of interviewer and interpreter, existing procedural gaps would be significantly bridged, she said.
[Click on the hyperlink above to view the comments on the Times' website.]
Malta Today: Updated | PN to dump anti-divorce stance
http://www.maltatoday.com.mt/en/newsdetails/news/national/PN-to-dump-anti-divorce-stance
National Friday 18 November 2011 - 18:12
Updated basic principles accepts 'different bonds of families'
The Nationalist Party's official stance against divorce is to be jettisoned and treated as obsolete, as the party goes to its General Council tonight with a 10-point declaration of principles called 'Our Roots' (L-Gheruq Taghna) and which will supplant 1986's Fehmiet Bazici ('basic principles').
The document will be distributed to PN councillors and presented by secretary-general Paul Borg Olivier tonight. The PN said the new document draws heavily on Fehmiet Bazici, "which remains highly significant even today - amidst the turmoil caused by the worst economic and financial storm in decades, and a constantly changing society. Fehmiet Bazici and today's L-Gheruq Taghna are the PN's political ID.
The president of the General Council, Paula Mifsud Bonnici, said the divorce referendum had sent a clear statement and that the PN's statement against divorce was now history.
"Since that statement, the people have spoken and the PN declared it would respect the people's decision. This document consolidates the respect towards that decision and recognised today's realities by accepting the existence of new forms of families."
The new document was discussed under the auspices of PN think-tank Azad after the PN's last General Council in April.
The new document pledges the party's focus on the family but recognised different bonds of families.
Jeffrey Pullicino Orlando's bill for the introduction of divorce was not embraced by the Nationalist party, after MPs rallied behind Prime Minister's declared opposition to divorce.
Its executive committee had voted in favour of a party motion against divorce, but which gave MPs a free vote on the divorce bill.
The motion states that divorce "was not an idoneous way of how to promote family values."
"The committee declares that the political position of the Nationalist Party should remain in favour of the unity of the family and against the introduction of divorce because it feels that the introduction of divorce is not the best way to promote the value of the family since divorce changes the definition of marriage as being a permanent bond."
The divorce bill was accepted in a referendum by 53% of voters, and later approved by the House of Representatives although Prime Minister still voted against the divorce law.
FULL TEXT OF OUR ROOTS
Our Inspiration - Christian inspiration, but never a confessional party as the party recognizes the separation between Church and State - a healthy separation which must be kept at all times. Neither does the party's Christian inspiration imply the imposition of values or beliefs. 'Our inspiration' is about the values of compassion, truth, justice, tolerance, and empathy.
The person and the family: The person is at the centre of the PN's political action - each individual is complete and equal like any other. The family, remains at the core of the party's political action and at the heart of our society.
Liberty - The PN secured the peoples' right to live in a democratic and pluralistic society. But liberty is not a free-for-all; its abuse leads to disintegration of social cohesion.
Responsibility - synonymous with the PN as evidenced in the past three years when, having to choose between populism and responsibility the Nationalist Party in Government, naturally, opted for the latter - a decision which saved jobs, and helped our country to weather successfully the choppy waters cause by the fierce economic storm.
Solidarity - deeply entrenched in the PN's core beliefs and the bedrock of Maltese society. Time and again, the Nationalist Party has proved to be a country which does not only belief in but practices solidarity.
Subsidiarity - Not a State that interferes in everything or decides on everything, as used to happen in the past - but decisions that are taken at the lowest level and close to the people as much as possible.
Dialogue - a core tenet weaved into the very fabric of the PN - the right of the people to express ideas, ask questions and receive answers.
Trust- Never a given. It needs to be earned and maintained; not through cheap words and meaningless clichés, but through hard work; vision; direction, and for offering solutions rather than baulking at problems.
Direction - with the PN you know where you stand and you know where our politics can take you.
Identity - The PN is proud of our identity and constantly seek to enhance it - not only through the achievement of significant political milestones - Independece and EU membership - but equally important, by deepening our knowledge of our history and whilst protecting our historic and cultural environment.
The PN delivers its core principles and values through10 priority policy areas:
1. The Maltese State and Public Administartion - In order to improve, further, the qualityof life, the State must have well-functioning institutions that work well, are efficient and answerable to the people.
2. A political conscience that leaves no one behind. - Everything revolves around the person and his/her well being. A state that does not discriminate on the basis of sex, colour, creed, and sexual orientation. A state that should legislate to establish the rights and obligations that should govern personal relationships; both heterosexual and homosexual.
3. A strong economy and sound public finances. Work - by far, the most effective tool of solidarity. The past three years have been characterized by the worst economic crisis and financial meltdown in decades. The Nationalist Party in Government invested heavily in maintaining the appropriate environment to create jobs whilst safeguarding thousands on new jobs.
4. Education for a talented, open-minded nation - the fundamental building block of everything; the best and most proved recipe for success.
5. The Environment, Water and Energy- by far, the second fundamental building blocks for the island's future - equally important, the unique challenge of waste and water treatment.
6. Our culture and our identity - they are what make Malta a unique and special place to live in and to visit.
7. Justice and Security - Undisputed vital ingredients for good quality of life
8. Gozo - With its undisputed natural beauty and distinct character which gives Gozo its uniqueness - a jewel in Malta 's crown.
9. Malta's role in the European Union and the World - Malta, not just one of twenty seven member states, but a protagonist and a very valid player in shaping Europe's and its peoples' future.
10. A tribute to Young Malta- Our policies give the younger generation a vision for tomorrow but also a high quality of life today - for before living life tomorrow, we are first living it today.
Society evolves; ideas change; the peoples' aspirations becaome more demanding - as should be. The Nationalist Party does not look back but it too changes, adapts and evolves. Only by doing so can it continue to mould the future of our country - as it has done, successfully, since its inception. However, our values, and our core principles do not change. Our roots remain firmly anchored in place, at the core of our politics with the person at the centre of it all.
Partit Nazzjonalista.
[Click on the hyperlink above to view the comments on Malta Today's website.]
Di-ve: MGRM 'doubtful' on PN move to grant rights to gay couples
http://www.di-ve.com/Default.aspx?ID=72&Action=1&NewsId=87713&newscategory=36&cache=false
by di-ve.com - editorial@di-ve.com
Local News -- 19 November 2011 -- 10:35CEST
The Malta Gay Rights Movement expressed doubt on whether the Nationalist Party's bid to grant rights to non-married couples, including same-sex ones, was simply referring to cohabitation or a more comprehensive vision.
"It's positive that the PN are considering granting rights to same-sex couples, but we're doubtful if this simply refers to cohabitation rights or a more comprehensive view of gay rights in general," said MGRM co-ordinator Gabi Calleja, when contacted by di-ve.com today.
"We will have to wait and see how many of the rights and responsibilities are being included in these proposals."
The PN document, which is currently under discussion, says that the party cannot ignore current realities and the law should cater for the rights and responsibilities of unmarried couples, both heterosexual and homosexual.
The party underscored its view that the family remains at the core of society and says it will work to further strengthen the family. It officially dumped its anti-divorce stance and said it remained committed to strengthening the family while helping those whose marriage fails. It also professed its commitment to helping childless couples and single-parent families.
by di-ve.com - editorial@di-ve.com
Local News -- 19 November 2011 -- 10:35CEST
The Malta Gay Rights Movement expressed doubt on whether the Nationalist Party's bid to grant rights to non-married couples, including same-sex ones, was simply referring to cohabitation or a more comprehensive vision.
"It's positive that the PN are considering granting rights to same-sex couples, but we're doubtful if this simply refers to cohabitation rights or a more comprehensive view of gay rights in general," said MGRM co-ordinator Gabi Calleja, when contacted by di-ve.com today.
"We will have to wait and see how many of the rights and responsibilities are being included in these proposals."
The PN document, which is currently under discussion, says that the party cannot ignore current realities and the law should cater for the rights and responsibilities of unmarried couples, both heterosexual and homosexual.
The party underscored its view that the family remains at the core of society and says it will work to further strengthen the family. It officially dumped its anti-divorce stance and said it remained committed to strengthening the family while helping those whose marriage fails. It also professed its commitment to helping childless couples and single-parent families.
Times: Sexual orientation-based persecution not adequately addressed in asylum procedures
http://www.timesofmalta.com/articles/view/20111118/local/sexual-orientation-based-persecution-not-adequately-addressed-in-asylum-procedures.394466
Friday, November 18, 2011, 15:34 , by Bertrand Borg
An EU-wide report on homophobic persecution had found that there were significant discrepancies between EU member states in the ways in which they dealt with lesbian, gay, bisexual and transgender persecution claims by asylum seekers, Aditus director Neil Falzon explained.
The report, titled "Fleeing Homophobia", also found that in many cases current practice fell well short of international and EU standards, with asylum authorities poorly equipped to identify and react to LGBT-related issues.
In many European countries, being LGBT is not considered sufficient grounds for being granted asylum even if it is a criminal offence in the country of origin. The report also found that many countries reject LGBT asylum seekers' applications on the grounds that they can survive in their country if they hide their sexual orientation. Recent UK case law has found that such an expectation runs counter to a person's fundamental human rights.
Difficulties were exacerbated by legislative uncertainty, Jesuit Refugee Service legal officer Celine Warnier De Wailly said. Although the 1951 Refugee Convention does not specifically refer to gender-based persecution as grounds for granting refugee status, case law in some countries had accepted it as part of discrimination based on belonging to a specific "social group". EU legislation states that countries must give "due consideration" to gender-related aspects when assessing asylum applications.
The Maltese Refugee Commissioner, however, has stated that it does not believe gender persecution was sufficient grounds under the 1951 Convention. European legislation is currently being redrafted to reflect modern-day asylum concerns.
ILGA-Europe senior policy officer Joel Le Deroff explained how in many cases, national officials tasked with interviewing asylum seekers had little idea of how to approach or tackle gender-based prosecution.
In many cases, procedures for determining a claimant's sexual orientation were based on outdated medical models or gender stereotypes, with little guidelines, Mr Le Deroff said.
Asylum Aid policy and research manager Debora Singer said that national policies were often culturally insensitive at dealing with such cases. "A female asylum seeker escaping sexual violence is unlikely to willingly admit she was raped when she first arrives in Europe," Ms Singer said.
Despite the several examples of bad practice, there were opportunities for change and improvement, Amnesty International's Elise Petitpas said. Ms Petitpas said that if affected asylum seekers were given access to adequate information, allowed gender-sensitive interviews and afforded separate asylum applications, their fundamental human rights would be better safeguarded.
[Click on the hyperlink above to view the comments on the Times' website.]
Friday, November 18, 2011, 15:34 , by Bertrand Borg
Existing European asylum procedures do not adequately provide for gender and sexual orientation-based persecution, European gender awareness experts have warned.
An EU-wide report on homophobic persecution had found that there were significant discrepancies between EU member states in the ways in which they dealt with lesbian, gay, bisexual and transgender persecution claims by asylum seekers, Aditus director Neil Falzon explained.
The report, titled "Fleeing Homophobia", also found that in many cases current practice fell well short of international and EU standards, with asylum authorities poorly equipped to identify and react to LGBT-related issues.
In many European countries, being LGBT is not considered sufficient grounds for being granted asylum even if it is a criminal offence in the country of origin. The report also found that many countries reject LGBT asylum seekers' applications on the grounds that they can survive in their country if they hide their sexual orientation. Recent UK case law has found that such an expectation runs counter to a person's fundamental human rights.
Difficulties were exacerbated by legislative uncertainty, Jesuit Refugee Service legal officer Celine Warnier De Wailly said. Although the 1951 Refugee Convention does not specifically refer to gender-based persecution as grounds for granting refugee status, case law in some countries had accepted it as part of discrimination based on belonging to a specific "social group". EU legislation states that countries must give "due consideration" to gender-related aspects when assessing asylum applications.
The Maltese Refugee Commissioner, however, has stated that it does not believe gender persecution was sufficient grounds under the 1951 Convention. European legislation is currently being redrafted to reflect modern-day asylum concerns.
ILGA-Europe senior policy officer Joel Le Deroff explained how in many cases, national officials tasked with interviewing asylum seekers had little idea of how to approach or tackle gender-based prosecution.
In many cases, procedures for determining a claimant's sexual orientation were based on outdated medical models or gender stereotypes, with little guidelines, Mr Le Deroff said.
Asylum Aid policy and research manager Debora Singer said that national policies were often culturally insensitive at dealing with such cases. "A female asylum seeker escaping sexual violence is unlikely to willingly admit she was raped when she first arrives in Europe," Ms Singer said.
Despite the several examples of bad practice, there were opportunities for change and improvement, Amnesty International's Elise Petitpas said. Ms Petitpas said that if affected asylum seekers were given access to adequate information, allowed gender-sensitive interviews and afforded separate asylum applications, their fundamental human rights would be better safeguarded.
[Click on the hyperlink above to view the comments on the Times' website.]
Times: PN seeks rights for gay couples
http://www.timesofmalta.com/articles/view/20111119/local/PN-seeks-rights-for-gay-couples.394540
Saturday, November 19, 2011, by Bertrand Borg
The Nationalist Party yesterday announced its intention – as part of its 2011 general council proposals – to press for legislation concerning non-married, including homosexual, couples.
Arguing that the state “cannot be blind” to the value non-married couples place on their personal relationships, the plan goes on to note that the state “must legislate wherever necessary to establish the rights and responsibilities of such relationships for both heterosexuals and homosexuals”.
If approved, the proposal will mean that all three political parties are in favour of legislation concerning gay partnership rights.
The plan, which relates the PN’s 10 core concepts to modern-day society, also proposes reforming the Constitution to update Malta’s neutrality clause and granting Parliament greater budgetary autonomy.
Furthermore, it suggests introducing “positive measures” in the public and economic spheres as a means of driving forward gender equality.
Opening the General Council, PN General Secretary Paul Borg Olivier described the proposed policy document as “a renewed political vision” that revealed what the PN stood for while updating its policies to ensure it remained relevant to modern-day society.
He described the 10 core concepts first listed by the PN in its 1986 policy outline as the “10 fingerprints which the PN has always based its policies on” and said that the tangible policy vision borne out of these concepts was proof of translating words into facts.
“We want people to judge us not on what we say, but on what we do. Unlike others, we have a proven track record of action,” Dr Borg Olivier said.
He told gathered officials that the PN had always been driven by prudence and responsibility, without giving in to populist pressures.
“We are willing to take decisions that may not prove popular and lose us votes,” he said, “but we are a party that decides and acts in the nation’s best interest.”
The document called for Constitutional reform bolstering the financial autonomy of Parliament, the Ombudsman, Auditor General, Public Accounts Committee and Permanent Commission Against Corruption.
“Democracy is not static,” deputy Prime Minister Tonio Borg noted. The Constitutional reform proposals would lead to better government scrutiny and control its power.
Dr Borg extended an olive branch to Nationalist MP Franco Debono, who some weeks ago proposed a Private Member’s Bill on justice issues and subsequently told The Sunday Times that internal discussion within the PN “needs to be broadened”.
“Franco has certain ideas, as do I and others. Let us discuss them together,” Dr Borg told party delegates.
The PN General Council document also calls for a transparent system of party financing, an issue Dr Debono had also raised in the past.
Stating that “liberty and respect for fundament rights have become part of our culture”, the document goes on to say that civil liberties must be strengthened when it comes to respect of individual privacy, freedom of expression and censorship.
It calls for greater investment in education with an emphasis on creativity, and identifies responsible water use and energy efficiency as two key environmental issues deserving increased attention.
Gozo’s diversity must be respected and strengthened, with an emphasis placed on its natural beauty and the need to create further jobs for Gozitan youths, the document states.
The document, which also touches upon a number of other issues, concludes with an appeal for Maltese youth to contribute to the PN’s further growth, with both opening and closing speeches reiterating the appeal.
“It was young people who drove the PN forward in the past, and we want them to continue to do so in the future,” Dr Borg Olivier said.
Dr Borg spoke along similar lines. “The beauty of the PN,” he said, “is that it is the oldest political party and yet the party with the youngest ideas.”
[Click on the hyperlink above to view the comments on the Times' website.]
---
Saturday, November 19, 2011, by Bertrand Borg
The Nationalist Party yesterday announced its intention – as part of its 2011 general council proposals – to press for legislation concerning non-married, including homosexual, couples.
Arguing that the state “cannot be blind” to the value non-married couples place on their personal relationships, the plan goes on to note that the state “must legislate wherever necessary to establish the rights and responsibilities of such relationships for both heterosexuals and homosexuals”.
If approved, the proposal will mean that all three political parties are in favour of legislation concerning gay partnership rights.
The plan, which relates the PN’s 10 core concepts to modern-day society, also proposes reforming the Constitution to update Malta’s neutrality clause and granting Parliament greater budgetary autonomy.
Furthermore, it suggests introducing “positive measures” in the public and economic spheres as a means of driving forward gender equality.
Opening the General Council, PN General Secretary Paul Borg Olivier described the proposed policy document as “a renewed political vision” that revealed what the PN stood for while updating its policies to ensure it remained relevant to modern-day society.
He described the 10 core concepts first listed by the PN in its 1986 policy outline as the “10 fingerprints which the PN has always based its policies on” and said that the tangible policy vision borne out of these concepts was proof of translating words into facts.
“We want people to judge us not on what we say, but on what we do. Unlike others, we have a proven track record of action,” Dr Borg Olivier said.
He told gathered officials that the PN had always been driven by prudence and responsibility, without giving in to populist pressures.
“We are willing to take decisions that may not prove popular and lose us votes,” he said, “but we are a party that decides and acts in the nation’s best interest.”
The document called for Constitutional reform bolstering the financial autonomy of Parliament, the Ombudsman, Auditor General, Public Accounts Committee and Permanent Commission Against Corruption.
“Democracy is not static,” deputy Prime Minister Tonio Borg noted. The Constitutional reform proposals would lead to better government scrutiny and control its power.
Dr Borg extended an olive branch to Nationalist MP Franco Debono, who some weeks ago proposed a Private Member’s Bill on justice issues and subsequently told The Sunday Times that internal discussion within the PN “needs to be broadened”.
“Franco has certain ideas, as do I and others. Let us discuss them together,” Dr Borg told party delegates.
The PN General Council document also calls for a transparent system of party financing, an issue Dr Debono had also raised in the past.
Stating that “liberty and respect for fundament rights have become part of our culture”, the document goes on to say that civil liberties must be strengthened when it comes to respect of individual privacy, freedom of expression and censorship.
It calls for greater investment in education with an emphasis on creativity, and identifies responsible water use and energy efficiency as two key environmental issues deserving increased attention.
Gozo’s diversity must be respected and strengthened, with an emphasis placed on its natural beauty and the need to create further jobs for Gozitan youths, the document states.
The document, which also touches upon a number of other issues, concludes with an appeal for Maltese youth to contribute to the PN’s further growth, with both opening and closing speeches reiterating the appeal.
“It was young people who drove the PN forward in the past, and we want them to continue to do so in the future,” Dr Borg Olivier said.
Dr Borg spoke along similar lines. “The beauty of the PN,” he said, “is that it is the oldest political party and yet the party with the youngest ideas.”
[Click on the hyperlink above to view the comments on the Times' website.]
---
Times: PN sees need for law on unmarried couples, including gay rights
http://www.timesofmalta.com/articles/view/20111119/local/PN-seeks-rights-for-gay-couples.394540
November 19, 2011, 07:39
The Nationalist Party is planning to promote legislation to grant rights to non-married couples, including gay couples.
A document currently under discussion at a meeting of the PN confess says the party cannot ignore current realities and the law should cater for the rights and responsibilities of such couples.
The documents – on the PN's basic beliefs – also says that the PN will be seeking Constitutional reform for financial autonomy to Parliament and various institutions which fall under its aegis, including the Ombudsman, the Auditor General, the Public Accounts Committee and the Permanent Commission Against Corruption.
Greater autonomy for Parliament was one of the key points insisted up on Nationalist MP Franco Debono, who earlier this month broke ranks when he abstained on an opposition motion on the Transport Minister.
The PN document also stresses that civil liberties must be strengthened in areas of individual privacy, freedom of expression and censorship.
Other points call for greater investment in education and the environment and the need to create jobs in Gozo while respecting the island's diversity.
The party underscored its view that the family remains at the core of society and says it will work to further strengthen the family. Now that divorce has been introduced, the document says, the PN remains committed to further strengthening the family while helping those whose marriage fails. It is also committed to further helping those couples who cannot have children and single-parent families.
Speaking at the opening of the congress, PN General Secretary Paul Borg Olivier said this document placed the person at the heart of the party's policies.
Malta was going through economic, social and political changes as were other countries and the document was a renewed political vision.
"Unlike others, we have a proven track record of action," he said to applause.
Dr Borg Olivier said that while the PN was proud to be inspired by Catholic values, it was also aware of the clear distinction between church and state.
See PN document in full by clicking on the pdf [here].
November 19, 2011, 07:39
The Nationalist Party is planning to promote legislation to grant rights to non-married couples, including gay couples.
A document currently under discussion at a meeting of the PN confess says the party cannot ignore current realities and the law should cater for the rights and responsibilities of such couples.
The documents – on the PN's basic beliefs – also says that the PN will be seeking Constitutional reform for financial autonomy to Parliament and various institutions which fall under its aegis, including the Ombudsman, the Auditor General, the Public Accounts Committee and the Permanent Commission Against Corruption.
Greater autonomy for Parliament was one of the key points insisted up on Nationalist MP Franco Debono, who earlier this month broke ranks when he abstained on an opposition motion on the Transport Minister.
The PN document also stresses that civil liberties must be strengthened in areas of individual privacy, freedom of expression and censorship.
Other points call for greater investment in education and the environment and the need to create jobs in Gozo while respecting the island's diversity.
The party underscored its view that the family remains at the core of society and says it will work to further strengthen the family. Now that divorce has been introduced, the document says, the PN remains committed to further strengthening the family while helping those whose marriage fails. It is also committed to further helping those couples who cannot have children and single-parent families.
Speaking at the opening of the congress, PN General Secretary Paul Borg Olivier said this document placed the person at the heart of the party's policies.
Malta was going through economic, social and political changes as were other countries and the document was a renewed political vision.
"Unlike others, we have a proven track record of action," he said to applause.
Dr Borg Olivier said that while the PN was proud to be inspired by Catholic values, it was also aware of the clear distinction between church and state.
See PN document in full by clicking on the pdf [here].
L-Orizzont: Malta muta rigward ir-reati ta’ mibgħeda
http://www.orizzont.com.mt/oldarticles/article83136.html
Malta baqgħet muta u ma tat l-ebda dettalji li jirrigwardaw reati ta’ mibgħeda, li setgħu twettqu matul is-sena 2010 kif mitlub minnha mill-Uffiċċju għall-Istituzzjonijiet Demokratiċi u d-Drittijiet tal-Bniedem (ODIHR) fi ħdan l-Organizzazzjoni għas-Sigurtà u l-Koperazzjoni fl-Ewropa biex ikunu inklużi fir-rapport annwali li jkun ippubblikat bħala parti mill-isforzi tal-OSCE bil-għan li jkunu missielta r-reati ta’ mibgħeda.
Dan minkejja li skont id-Direttur tal-ODIHR, l-Ambaxxatur Janes Lenarcic, “reati immotivati mill-mibgħeda jheddu l-koeżjoni u jipperikolaw l-istabbilità fis-soċjetà tagħna, u għaldaqstant jinħtieġu rispons qawwi”.
18.11.2011 minn Sammy Sammut
Malta baqgħet muta u ma tat l-ebda dettalji li jirrigwardaw reati ta’ mibgħeda, li setgħu twettqu matul is-sena 2010 kif mitlub minnha mill-Uffiċċju għall-Istituzzjonijiet Demokratiċi u d-Drittijiet tal-Bniedem (ODIHR) fi ħdan l-Organizzazzjoni għas-Sigurtà u l-Koperazzjoni fl-Ewropa biex ikunu inklużi fir-rapport annwali li jkun ippubblikat bħala parti mill-isforzi tal-OSCE bil-għan li jkunu missielta r-reati ta’ mibgħeda.
Hu saħaq li “l-ġlieda kontra r-reati ta’ mibgħeda għandha tibqa’ prijorità fl-istati membri”.
Ir-rapport “Hate Crimes in the OSCE Region - Incidents and Responses”, li għadu kemm kien ippubblikat, jasal għall-konklużjoni li matul is-sena 2010, ir-reati mmotivati mill-mibgħeda komplew ikunu ta’ problema serja u mifruxa fir-reġjun tal-OSCE.
Ir-rapport “Hate Crimes in the OSCE Region - Incidents and Responses”, li għadu kemm kien ippubblikat, jasal għall-konklużjoni li matul is-sena 2010, ir-reati mmotivati mill-mibgħeda komplew ikunu ta’ problema serja u mifruxa fir-reġjun tal-OSCE.
Ir-rapport jagħti tagħrif u dettalji dwar l-għadd numeruż ta’ każi ta’ intimidazzjoni, theddid, vandaliżmu, ħruq imqabbad apposta, attakki kontra l-persuna kif ukoll qtil, fejn fil-mira kien hemm individwi u gruppi u dan sempliċiment minħabba r-razza, l-orjentazzjoni sesswali, ir-reliġjon u d-diżabbiltà tagħhom, fost oħrajn.
“Hu ta’ tħassib kbir li din il-vjolenza mmotivata mill-mibgħeda qiegħda tkompli fir-reġjun tagħna mingħajr ebda indikazzjoni li din il-mewġa se tbatti. Ir-“reati ta’ mibgħeda huma partikolarment atti kriminali mill-aktar faħxin billi dawn mhux biss iweġġgħu lill-individwu jew lill-grupp fil-mira ta’ dawn ir-reati, iżda jeffettwaw ukoll lill-komunità sħiħa li tagħha jkun jappartjeni l-vittma”, saħaq fir-rapport tiegħu l-Ambaxxatur Lanarcic.
Ir-rapport annwali dwar ir-reati tal-mibgħeda fir-reġjun tal-OSCE huwa bbażat fuq l-analiżi tat-tagħrif mogħti minn stati parteċipanti li rrispondew għat-talba tal-ODIHR, kif ukoll fuq rapporti dwar inċidenti ta’ reati ta’ mibgħeda ppreżentati minn 93 għaqda mhux-governattiva.
Din it-talba għal tagħrif u statistika tal-Uffiċċju għall-Istituzzjonijiet Demokratiċi u d-Drittijiet tal-Bniedem kienet injorata għal kollox minn Malta. It-tagħrif mitlub jinkludi dettalji miġburin mill-Pulizija dwar reati ta’ mibgħeda, kemm kien hemm każi, fejn ittieħdu passi legali kif ukoll dwar l-għadd ta’ dawk issentenzjati.
Fost tagħrif ieħor mitlub kien hemm il-klassifikazzjoni tat-tipi tar-reati, liema awtorità hija responsabbli mill-ġbir ta’ tali informazzjoni, kif ukoll dwar kif tingħata informazzjoni dwar dawn ir-reati.
Malta kienet mitluba tgħid ukoll xi żviluppi leġiżlattivi seħħew f’dan il-qasam, eżempji ta’ inċidenti u jew reati immotivati mill-mibgħeda, kif ukoll dwar inizjattivi prattiċi li setgħu ttieħdu matul l-2010.
Jidher li l-unika tagħrif mgħoddi dwar Malta f’dan ir-rigward kien dak provdut mill-Uffiċċju tal-UNHCR. Fir-rapport intqal li l-ODIHR ma kellux rapporti dwar reati razzisti jew xenofobiċi, iżda l-UNHCR qalet li kien hemm diversi każi ta’ graffitti razzjali u reliġjużi.
Australia: Tell Julia You Support Marriage Equality
www.australianmarriageequality.com
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MaltaToday: Australia PM pushes for vote on gay marriage
http://maltatoday.com.mt/en/newsdetails/news/world/Australia-PM-pushes-for-vote-on-gay-marriage
Tuesday 15 November 2011 - 09:52
Australian Prime Minister Julia Gillard on Tuesday called for a conscience vote on gay marriage in parliament, but said she did not support changing the law to make same-sex marriage legal, AFP reported.
Gay marriage is banned under Australian law and opposed by both major political parties despite polls showing widespread public support for a change to allow couples the right to wed.
Gillard said the issue provoked lively debate and she wanted her Labor Party colleagues to have the opportunity to express their views on it.
But the nation's first woman prime minister stressed she still supported the current law.
"As I have said many times, I support maintaining the Marriage Act in its current form, and the government will not move legislation to change it," she wrote in an opinion piece for the Sydney Morning Herald.
"My position flows from my strong conviction that the institution of marriage has come to have a particular meaning and standing in our culture and nation and that should continue unchanged."
But Gillard, who is unmarried but lives with her partner Tim Mathieson, said she recognised the deeply held convictions in society about marriage.
"Given the personal nature of the issue and the deeply held beliefs, I believe that in future it is appropriate that a conscience vote flow to Labor parliamentarians," she wrote.
"They should be free to vote in the parliament according to their own values and beliefs."
A conscience vote on gay marriage, which would allow MPs to break with the party position, would likely fail to get a majority in parliament because Labor would be divided on the issue and the opposition would vote against it.
The Australian Marriage Equality group, which has been lobbying for same-sex marriage, said Gillard's position was at odds with mainstream public opinion.
The latest Nielsen poll on the subject published in the Herald Tuesday found that 62 percent of voters supported legalising same-sex marriage - an increase of five percentage points compared with a year ago.
The poll of 1,400 people taken over the weekend also found that the number of people opposed to gay marriage had fallen over the year - from 37 percent to 31 percent.
Gay marriage is set to be a key issue at next month's Labor Party conference, along with the push towards selling uranium to India.
[Click on the hyperlink above to view the comments on Malta Today's website.]
Tuesday 15 November 2011 - 09:52
Australian Prime Minister Julia Gillard on Tuesday called for a conscience vote on gay marriage in parliament, but said she did not support changing the law to make same-sex marriage legal, AFP reported.
Despite her own views on gay marriage, Australian Prime Minister Julia Gillard has called for a vote of conscience in parliament
Gay marriage is banned under Australian law and opposed by both major political parties despite polls showing widespread public support for a change to allow couples the right to wed.
Gillard said the issue provoked lively debate and she wanted her Labor Party colleagues to have the opportunity to express their views on it.
But the nation's first woman prime minister stressed she still supported the current law.
"As I have said many times, I support maintaining the Marriage Act in its current form, and the government will not move legislation to change it," she wrote in an opinion piece for the Sydney Morning Herald.
"My position flows from my strong conviction that the institution of marriage has come to have a particular meaning and standing in our culture and nation and that should continue unchanged."
But Gillard, who is unmarried but lives with her partner Tim Mathieson, said she recognised the deeply held convictions in society about marriage.
"Given the personal nature of the issue and the deeply held beliefs, I believe that in future it is appropriate that a conscience vote flow to Labor parliamentarians," she wrote.
"They should be free to vote in the parliament according to their own values and beliefs."
A conscience vote on gay marriage, which would allow MPs to break with the party position, would likely fail to get a majority in parliament because Labor would be divided on the issue and the opposition would vote against it.
The Australian Marriage Equality group, which has been lobbying for same-sex marriage, said Gillard's position was at odds with mainstream public opinion.
The latest Nielsen poll on the subject published in the Herald Tuesday found that 62 percent of voters supported legalising same-sex marriage - an increase of five percentage points compared with a year ago.
The poll of 1,400 people taken over the weekend also found that the number of people opposed to gay marriage had fallen over the year - from 37 percent to 31 percent.
Gay marriage is set to be a key issue at next month's Labor Party conference, along with the push towards selling uranium to India.
[Click on the hyperlink above to view the comments on Malta Today's website.]
L-Orizzont: Persuni transġeneri: Id-drittijiet jibqgħu fuq l-ixkaffa
http://www.orizzont.com.mt/FullArticle.php?ID1='Ahbarijiet'&ID2=82907
14.11.2011 Minn SAMMY SAMMUT
Il-persuni transġeneri f’pajjiżna, li qegħdin ikollhom jgħaddu minn battalji u proċessi twal fil-Qorti biex ibiddlu l-karti uffiċjali tagħhom biex dawn jirriflettu l-ġeneru proprju tagħhom, jidher li se jkollhom jistennew ferm aktar minn kemm ħasbu, biex finalment jingħataw id-drittijiet tagħhom. Għaddiet kważi sena mindu tressaq abbozz ta’ liġi biex jagħmilha aktar faċli għall-persuni transġeneri jkollhom bidla fl-annotazzjoni tal-ġeneru tagħhom mingħajr ma jkollhom jagħmlu proċess twil fil-Qorti. Dak l-abbozz ta’ liġi tħalla fuq l-ixkaffa u s’issa m’hemm ebda ħjiel jekk u meta se jitressaq.
Id-Deputat Laburista, Evarist Bartolo, li ressaq dan l-abbozz quddiem il-Parlament, meta kkuntattjat minn l-orizzont qal li “għaddiet kważi sena u għadu ma sar xejn. Qed niffirma kull xahar fil-Parlament. Issa l-Gvern qed jgħid li se jagħmel xi emendi, meta l-persuni transġeneri qegħdin jgħidu li aħjar jitressaq dan l-abbozz.” Hu sostna li s’issa m’hemm ebda ħjiel meta se jitressaq dan l-abbozz.
L-emenda, li jidher li se jressaq il-Gvern hi dik li meta persuna li tkun bidlet is-sess tiftaħ proċeduri fil-Qorti, hi se tkun tista’ tippreżenta ċertifikat mit-tabib li għamel l-operazzjoni u għalhekk tispiċċa l-proċedura ta’ bħalissa li l-Qorti tappunta tabib hi stess biex jagħmel iċ-ċertifikazzjoni meħtieġa.
Kemm il-Malta Gay Rights Movement (MGRM) kif ukoll l-ADITUS, fi stqarrija li ħarġu qalu li l-emenda tal-Gvern hi ħafna inqas, mid-drittijiet li hemm proposti fl-abbozz ta’ liġi li hemm quddiem il-Parlament.
Kien fl-10 ta’ Diċembru, tas-sena li għaddiet, meta d-Deputat Laburista Evarist Bartolo ppreżenta abbozz ta’ liġi biex jagħmilha aktar faċli biex persuni transġeneri jkollhom bidla fl-annotazzjoni tal-ġeneru tagħhom, mingħajr ma jkollhom għax jagħmlu proċess twil fil-Qorti. L-abbozz ta’ liġi tħejja mill-avukat Neil Falzon. Dakinhar li ġie ppreżentat l-abbozz, hu kien qal li “hu importanti li nenfasizzaw it-twemmin li l-ġeneru ta’ persuna, bħala parti sħiħa tal-identità tagħha, m’għandux jiġi stabbilit minn terzi persuni bħal tobba, imħallfin, psikologi jew uffiċjali tal-Istat. Hu dritt ta’ kull persuna li tiddeċiedi l-ġeneru tagħha, wara proċess serju ta’ awto-identifikazzjoni”.
Dakinhar kien intqal li “qabel is-sena 2004, il-liġi Maltija ma kinitx tirregola s-sitwazzjoni ta’ persuni transġeneri li xtaqu jbiddlu l-karti uffiċjali tagħhom, biex dawn jirriflettu l-ġeneru proprju tagħhom. Minħabba din is-sitwazzjoni numru ta’ sentenzi mill-Qrati Maltin tennew li dan in-nuqqas fil-liġi kien jikser id-drittijiet tal-bniedem b’mod partikolari d-dritt għar-rispett tal-ħajja privata tal-persuna. Dan tennietu ukoll il-Qorti Ewropea għad-Drittijiet tal-Bniedem fi Strasbourg f’numru ta’ każijiet miġjubin quddiemha”.
Kien intqal li bħala tweġiba għal dawn il-każijiet, fl-2004 saru emendi varji fil-Kodiċi Ċivili li bihom twaqqfet il-proċedura li hemm bħalissa. Skont din il-proċedura, persuni transġeneri jistgħu jiftħu kawżi l-Qorti biex jitolbu li ssir annotazzjoni fl-att tat-twelid tagħhom, liema annotazzjoni turi l-ġeneru affermat jew ġdid tagħhom, kif ukoll l-isem il-ġdid li għażlu bħala parti minn dan il-proċess. Biex tordna din l-annotazzjoni, il-Qorti trid tkun sodisfatta li l-persuna hi verament tal-ġeneru li qiegħda tgħid li hi u li din tkun sitwazzjoni permanenti. Għal din l-evalwazzjoni, il-Qorti tinnomina perit u tordna li jsiru eżaminazzjonijiet mediċi”.
L-avukat Falzon kien qal ukoll li “għalkemm it-twaqqif ta’ din il-proċedura kien pass ‘l quddiem fir-rispett u ħarsien tad-drittijiet ta’ persuni transġeneri, hemm xi elementi problematiċi u xi wħud minn dawn jistgħu jitqiesu bħala ksur tad-drittijiet fundamentali tal-bniedem, kif imħarsin fil-Kostituzzjoni Maltija kif ukoll fil-Konvenzjoni għall-Protezzjoni tad-Drittijiet tal-Bniedem u tal-Libertajiet Fundamentali. Il-proċess ġudizzjarju minnu nnifsu jaf jinvolvi numru ta’ spejjeż anke minħabba l-fatt li l-liġi tgħid li l-attur – il-persuna transġenera – għandha tħallas l-ispejjeż tad-Direttur tar-Reġistru Pubbliku.”
Kien intqal li għandu jiġi enfasizzat il-fatt li l-problema komuni ħafna għall-persuni transġeneri hi d-diffikultà li jsibu xogħol u li jkomplu bl-istudji tagħhom. Bħala parti mill-proċedura ġudizzjarja, il-perit imqabbad mill-Qorti jagħmel bosta testijiet fuq il-persuna, testijiet li f’ħafna każi jkunu intrusivi u joffendu d-dinjità tal-persuna.
Kien intqal li “rajna wkoll li dawn it-testijiet isiru anke f’każi fejn il-persuna transġenera tippreżenta dokumenti mediċi u xhieda tat-tobba li jkunu għamlu l-intervent kirurġiku għat-tibdil tas-sess.” L-avukat Falzon kien tenna li “problema oħra fil-liġi preżenti hi r-rekwiżit li l-persuna transġenera ma tkunx miżżewġa biex tiftaħ il-kawżi l-Qorti. Dan jiġifieri li persuni miżżewġin ikollhom bilfors l-ewwel jiftħu proċeduri għall-annullament taż-żwieġ tagħhom, pass li mhux bilfors huma, jew il-konjugi tagħhom, ikunu jixtiequ.
Mill-aspett tad-drittijiet tal-bniedem, it-tħassir ta’ żwieġ sforzat mill-Istat iqajjem bosta ħsibijiet. F’sitwazzjonijiet fejn ikun hemm ukoll it-tfal, wieħed jista’ jinzerta’ l-każ li ma jkunx hemm kriterji validi għall-annullament taż-żwieġ. F’dawn il-każijiet, il-persuna transġenera tibqa’ f’sitwazzjoni ta’ umiljazzjoni u tbatija kontinwa. Bil-proċeduri attwali, issir annotazzjoni fuq l-att tat-twelid tal-persuna, liema annotazzjoni tibqa’ tidher fuq l-att oriġinali. Dan ifisser li terzi persuni jkunu jistgħu jaraw din l-annotazzjoni jekk jordnaw kopja ta’ dan l-att mir-Reġistru Pubbliku. Din il-possibilità ma tħarisx biżżejjed id-dritt tar-rispett għall-ħajja privata.
L-avukat Falzon kompla jgħid li “l-akbar problema li hemm fil-proċedura attwali hi r-rekwiżit li persuna transġenera tkun għamlet l-intervent kirurġiku għat-tibdil tas-sess. Għalkemm dan ir-rekwiżit mhux espliċitament meħtieġ mil-liġi, mir-raġunament tal-Qrati f’dawn il-każijiet, jidher li persuna transġenera li m’għamlitx l-intervent ma tistax teċċedi għal din il-proċedura jew aħjar tista’ taċċedi għaliha, iżda mingħajr ċans ta’ suċċess. L-intervent kirurġiku għat-tibdil tas-sess mhux wieħed standard jew faċli, mhux irħis, mhux disponibbli f’Malta u ma jaqax fl-iskema nazzjonali tas-sigurtà soċjali. Għal dawn ir-raġunijiet u anke għall-fatt li hemm persuni transġeneri li sempliċiment ma jridux jagħmlu l-intervent, mhux ġust li biex persuni transġeneri jibdlu d-dokumenti uffiċjali tagħhom, ikollhom bilfors jgħaddu minn dan l-intervent.
L-att propost – li s’issa għadu fuq l-ixkaffa, jipprova jegħleb dawn il-problemi billi jenfasizza d-drittijiet fundamenti tal-bniedem, mingħajr ma’ dawn jiksru d-drittijiet ta’ ħaddieħor. Il-proposta tibdel il-proċess ġudizzjarju ma’ wieħed amministrattiv li jkun miftuħ għal kull persuna transġenera. Tneħħa r-rekwiżit li l-persuna ma tkunx miżżewġa, kif ukoll ir-rekwiżit li l-persuna tkun għamlet l-intervent kirurġiku għat-tibdil tas-sess. Biex titħares b’mod aktar effettiv il-privatezza tal-informazzjoni dwar il-ġeneru tal-persuna, il-proposta tinkludi t-twaqqif ta’ Reġistru ta’ Persuni Transġeneri – li jkun reġistru sigriet u jaħdem bl-istess mod tar-reġistru tal-persuni adottati li hu wkoll reġistru sigriet. L-idea hi li l-proposta ma toħloqx piżijiet legali u amministrattivi żejda u għalhekk tinkorpora sistema li diġà teżisti fil-liġi Maltija. L-għan ta’ dan l-abbozz hu li jitħarsu b’mod aktar effettiv id-drittijiet tal-persuni transġeneri.
14.11.2011 Minn SAMMY SAMMUT
Il-persuni transġeneri f’pajjiżna, li qegħdin ikollhom jgħaddu minn battalji u proċessi twal fil-Qorti biex ibiddlu l-karti uffiċjali tagħhom biex dawn jirriflettu l-ġeneru proprju tagħhom, jidher li se jkollhom jistennew ferm aktar minn kemm ħasbu, biex finalment jingħataw id-drittijiet tagħhom. Għaddiet kważi sena mindu tressaq abbozz ta’ liġi biex jagħmilha aktar faċli għall-persuni transġeneri jkollhom bidla fl-annotazzjoni tal-ġeneru tagħhom mingħajr ma jkollhom jagħmlu proċess twil fil-Qorti. Dak l-abbozz ta’ liġi tħalla fuq l-ixkaffa u s’issa m’hemm ebda ħjiel jekk u meta se jitressaq.
Id-Deputat Laburista, Evarist Bartolo, li ressaq dan l-abbozz quddiem il-Parlament, meta kkuntattjat minn l-orizzont qal li “għaddiet kważi sena u għadu ma sar xejn. Qed niffirma kull xahar fil-Parlament. Issa l-Gvern qed jgħid li se jagħmel xi emendi, meta l-persuni transġeneri qegħdin jgħidu li aħjar jitressaq dan l-abbozz.” Hu sostna li s’issa m’hemm ebda ħjiel meta se jitressaq dan l-abbozz.
L-emenda, li jidher li se jressaq il-Gvern hi dik li meta persuna li tkun bidlet is-sess tiftaħ proċeduri fil-Qorti, hi se tkun tista’ tippreżenta ċertifikat mit-tabib li għamel l-operazzjoni u għalhekk tispiċċa l-proċedura ta’ bħalissa li l-Qorti tappunta tabib hi stess biex jagħmel iċ-ċertifikazzjoni meħtieġa.
Kemm il-Malta Gay Rights Movement (MGRM) kif ukoll l-ADITUS, fi stqarrija li ħarġu qalu li l-emenda tal-Gvern hi ħafna inqas, mid-drittijiet li hemm proposti fl-abbozz ta’ liġi li hemm quddiem il-Parlament.
Kien fl-10 ta’ Diċembru, tas-sena li għaddiet, meta d-Deputat Laburista Evarist Bartolo ppreżenta abbozz ta’ liġi biex jagħmilha aktar faċli biex persuni transġeneri jkollhom bidla fl-annotazzjoni tal-ġeneru tagħhom, mingħajr ma jkollhom għax jagħmlu proċess twil fil-Qorti. L-abbozz ta’ liġi tħejja mill-avukat Neil Falzon. Dakinhar li ġie ppreżentat l-abbozz, hu kien qal li “hu importanti li nenfasizzaw it-twemmin li l-ġeneru ta’ persuna, bħala parti sħiħa tal-identità tagħha, m’għandux jiġi stabbilit minn terzi persuni bħal tobba, imħallfin, psikologi jew uffiċjali tal-Istat. Hu dritt ta’ kull persuna li tiddeċiedi l-ġeneru tagħha, wara proċess serju ta’ awto-identifikazzjoni”.
Dakinhar kien intqal li “qabel is-sena 2004, il-liġi Maltija ma kinitx tirregola s-sitwazzjoni ta’ persuni transġeneri li xtaqu jbiddlu l-karti uffiċjali tagħhom, biex dawn jirriflettu l-ġeneru proprju tagħhom. Minħabba din is-sitwazzjoni numru ta’ sentenzi mill-Qrati Maltin tennew li dan in-nuqqas fil-liġi kien jikser id-drittijiet tal-bniedem b’mod partikolari d-dritt għar-rispett tal-ħajja privata tal-persuna. Dan tennietu ukoll il-Qorti Ewropea għad-Drittijiet tal-Bniedem fi Strasbourg f’numru ta’ każijiet miġjubin quddiemha”.
Kien intqal li bħala tweġiba għal dawn il-każijiet, fl-2004 saru emendi varji fil-Kodiċi Ċivili li bihom twaqqfet il-proċedura li hemm bħalissa. Skont din il-proċedura, persuni transġeneri jistgħu jiftħu kawżi l-Qorti biex jitolbu li ssir annotazzjoni fl-att tat-twelid tagħhom, liema annotazzjoni turi l-ġeneru affermat jew ġdid tagħhom, kif ukoll l-isem il-ġdid li għażlu bħala parti minn dan il-proċess. Biex tordna din l-annotazzjoni, il-Qorti trid tkun sodisfatta li l-persuna hi verament tal-ġeneru li qiegħda tgħid li hi u li din tkun sitwazzjoni permanenti. Għal din l-evalwazzjoni, il-Qorti tinnomina perit u tordna li jsiru eżaminazzjonijiet mediċi”.
L-avukat Falzon kien qal ukoll li “għalkemm it-twaqqif ta’ din il-proċedura kien pass ‘l quddiem fir-rispett u ħarsien tad-drittijiet ta’ persuni transġeneri, hemm xi elementi problematiċi u xi wħud minn dawn jistgħu jitqiesu bħala ksur tad-drittijiet fundamentali tal-bniedem, kif imħarsin fil-Kostituzzjoni Maltija kif ukoll fil-Konvenzjoni għall-Protezzjoni tad-Drittijiet tal-Bniedem u tal-Libertajiet Fundamentali. Il-proċess ġudizzjarju minnu nnifsu jaf jinvolvi numru ta’ spejjeż anke minħabba l-fatt li l-liġi tgħid li l-attur – il-persuna transġenera – għandha tħallas l-ispejjeż tad-Direttur tar-Reġistru Pubbliku.”
Kien intqal li għandu jiġi enfasizzat il-fatt li l-problema komuni ħafna għall-persuni transġeneri hi d-diffikultà li jsibu xogħol u li jkomplu bl-istudji tagħhom. Bħala parti mill-proċedura ġudizzjarja, il-perit imqabbad mill-Qorti jagħmel bosta testijiet fuq il-persuna, testijiet li f’ħafna każi jkunu intrusivi u joffendu d-dinjità tal-persuna.
Kien intqal li “rajna wkoll li dawn it-testijiet isiru anke f’każi fejn il-persuna transġenera tippreżenta dokumenti mediċi u xhieda tat-tobba li jkunu għamlu l-intervent kirurġiku għat-tibdil tas-sess.” L-avukat Falzon kien tenna li “problema oħra fil-liġi preżenti hi r-rekwiżit li l-persuna transġenera ma tkunx miżżewġa biex tiftaħ il-kawżi l-Qorti. Dan jiġifieri li persuni miżżewġin ikollhom bilfors l-ewwel jiftħu proċeduri għall-annullament taż-żwieġ tagħhom, pass li mhux bilfors huma, jew il-konjugi tagħhom, ikunu jixtiequ.
Mill-aspett tad-drittijiet tal-bniedem, it-tħassir ta’ żwieġ sforzat mill-Istat iqajjem bosta ħsibijiet. F’sitwazzjonijiet fejn ikun hemm ukoll it-tfal, wieħed jista’ jinzerta’ l-każ li ma jkunx hemm kriterji validi għall-annullament taż-żwieġ. F’dawn il-każijiet, il-persuna transġenera tibqa’ f’sitwazzjoni ta’ umiljazzjoni u tbatija kontinwa. Bil-proċeduri attwali, issir annotazzjoni fuq l-att tat-twelid tal-persuna, liema annotazzjoni tibqa’ tidher fuq l-att oriġinali. Dan ifisser li terzi persuni jkunu jistgħu jaraw din l-annotazzjoni jekk jordnaw kopja ta’ dan l-att mir-Reġistru Pubbliku. Din il-possibilità ma tħarisx biżżejjed id-dritt tar-rispett għall-ħajja privata.
L-avukat Falzon kompla jgħid li “l-akbar problema li hemm fil-proċedura attwali hi r-rekwiżit li persuna transġenera tkun għamlet l-intervent kirurġiku għat-tibdil tas-sess. Għalkemm dan ir-rekwiżit mhux espliċitament meħtieġ mil-liġi, mir-raġunament tal-Qrati f’dawn il-każijiet, jidher li persuna transġenera li m’għamlitx l-intervent ma tistax teċċedi għal din il-proċedura jew aħjar tista’ taċċedi għaliha, iżda mingħajr ċans ta’ suċċess. L-intervent kirurġiku għat-tibdil tas-sess mhux wieħed standard jew faċli, mhux irħis, mhux disponibbli f’Malta u ma jaqax fl-iskema nazzjonali tas-sigurtà soċjali. Għal dawn ir-raġunijiet u anke għall-fatt li hemm persuni transġeneri li sempliċiment ma jridux jagħmlu l-intervent, mhux ġust li biex persuni transġeneri jibdlu d-dokumenti uffiċjali tagħhom, ikollhom bilfors jgħaddu minn dan l-intervent.
L-att propost – li s’issa għadu fuq l-ixkaffa, jipprova jegħleb dawn il-problemi billi jenfasizza d-drittijiet fundamenti tal-bniedem, mingħajr ma’ dawn jiksru d-drittijiet ta’ ħaddieħor. Il-proposta tibdel il-proċess ġudizzjarju ma’ wieħed amministrattiv li jkun miftuħ għal kull persuna transġenera. Tneħħa r-rekwiżit li l-persuna ma tkunx miżżewġa, kif ukoll ir-rekwiżit li l-persuna tkun għamlet l-intervent kirurġiku għat-tibdil tas-sess. Biex titħares b’mod aktar effettiv il-privatezza tal-informazzjoni dwar il-ġeneru tal-persuna, il-proposta tinkludi t-twaqqif ta’ Reġistru ta’ Persuni Transġeneri – li jkun reġistru sigriet u jaħdem bl-istess mod tar-reġistru tal-persuni adottati li hu wkoll reġistru sigriet. L-idea hi li l-proposta ma toħloqx piżijiet legali u amministrattivi żejda u għalhekk tinkorpora sistema li diġà teżisti fil-liġi Maltija. L-għan ta’ dan l-abbozz hu li jitħarsu b’mod aktar effettiv id-drittijiet tal-persuni transġeneri.
Saturday, 19 November 2011
Di-ve: Members of MGRM, University LGBT Group We Are and Drachma Parents' Group participate in ILGA-Europe Annual Conference in Turin
13.11.2011
Five Maltese Representatives from MGRM, We Are and Drachma Parents' Group participated in the 15th ILGA-Europe Annual Conference held in Turin between 27 and 30 October 2011.
This was attended by 343 lesbian, gay, bisexual, trans and intersex (LGBTI) activists, European and national politicians, representatives of other organisations from 43 countries making it the largest annual event on LGBTI rights in Europe. Dr Mark Grech participated in the European Network meeting that preceded the conference. Gabi Calleja was elected as one of the Co-Chairs of ILGA-Europe's Executive Board while Ruth Baldacchino continues as the European representative on the World Board.
The Conference explored the theme Human Rights and 'Traditional Values': Clash or Dialogue? Other issues were debated in a number of panel discussions, workshops and self-organised groups. The rhetoric questioning the compatibility of human rights and so-called traditional values happens all too often in our work at local, national, European and global levels. The conference explored what traditional values are, whether they are in conflict with human rights of LGBTI people, and what the LGBTI movement's strategy should be with regard to the rise of social conservatism in Europe. As this year ILGA-Europe celebrates its 15th anniversary, the Conference reflected on the history of the European LGBTI movement and the challenges ahead.
Key note speeches were delivered by Emma Bonino, Deputy Speaker of the Italian Senate, George Tugushi, the Georgian Ombudsman, as well as the two newly elected Polish MP’s Robert Biedron and Anna Grodzka.
The Annual Conference adopted a declaration regarding the situation in Northern Cyprus which remains the only territory in Europe where consensual sexual acts between adult men are still criminalised.
This year’s Annual Conference received a support message from Giorgio Napolitano, the President of the Republic ofItaly, and enjoyed the patronage of the Italian Senate, Chamber of Deputies of the Italian Parliament, Minister of Equal Opportunities, the Municipality of Turin, the province of Turin and Esperienza Italia 150º.
The conference was organised in cooperation with the Organising Committee of the 15th ILGA-Europe’s Annual Conference inTurin. Next year’s ILGA-Europe Annual Conference will take place in October 2012 in Dublin, Ireland.
Joseanne Peregin from the Drachma Parents' Group, said: “The Drachma Parents' Group has been engaged in fostering dialogue among young LGBTs and their parents by providing monthly meetings for parents to support them in their acceptance process while discerning together, the position of the Catholic Church with respect to LGBT rights. The Conference provided networking opportunities to build stronger ties with other countries facing similar issues”. Joseanne was part of a workshop panel organised by the European Christian Forum that focused on Christian values and the necessity of building bridges with the local churches.
Luisa Tolu, from the University LGBT group We Are said: “This was the first time I attended an ILGA-Europe conference and I feel that it was a great opportunity to build networks and learn from the many experienced activists and politicians present. Some workshops served as input for possible projects We Are could conduct in the future and meeting activists who have contributed to the growth and history of the LGBTI movement since the 1970s was definitely inspiring.”
Five Maltese Representatives from MGRM, We Are and Drachma Parents' Group participated in the 15th ILGA-Europe Annual Conference held in Turin between 27 and 30 October 2011.
This was attended by 343 lesbian, gay, bisexual, trans and intersex (LGBTI) activists, European and national politicians, representatives of other organisations from 43 countries making it the largest annual event on LGBTI rights in Europe. Dr Mark Grech participated in the European Network meeting that preceded the conference. Gabi Calleja was elected as one of the Co-Chairs of ILGA-Europe's Executive Board while Ruth Baldacchino continues as the European representative on the World Board.
The Conference explored the theme Human Rights and 'Traditional Values': Clash or Dialogue? Other issues were debated in a number of panel discussions, workshops and self-organised groups. The rhetoric questioning the compatibility of human rights and so-called traditional values happens all too often in our work at local, national, European and global levels. The conference explored what traditional values are, whether they are in conflict with human rights of LGBTI people, and what the LGBTI movement's strategy should be with regard to the rise of social conservatism in Europe. As this year ILGA-Europe celebrates its 15th anniversary, the Conference reflected on the history of the European LGBTI movement and the challenges ahead.
Key note speeches were delivered by Emma Bonino, Deputy Speaker of the Italian Senate, George Tugushi, the Georgian Ombudsman, as well as the two newly elected Polish MP’s Robert Biedron and Anna Grodzka.
The Annual Conference adopted a declaration regarding the situation in Northern Cyprus which remains the only territory in Europe where consensual sexual acts between adult men are still criminalised.
This year’s Annual Conference received a support message from Giorgio Napolitano, the President of the Republic ofItaly, and enjoyed the patronage of the Italian Senate, Chamber of Deputies of the Italian Parliament, Minister of Equal Opportunities, the Municipality of Turin, the province of Turin and Esperienza Italia 150º.
The conference was organised in cooperation with the Organising Committee of the 15th ILGA-Europe’s Annual Conference inTurin. Next year’s ILGA-Europe Annual Conference will take place in October 2012 in Dublin, Ireland.
Joseanne Peregin from the Drachma Parents' Group, said: “The Drachma Parents' Group has been engaged in fostering dialogue among young LGBTs and their parents by providing monthly meetings for parents to support them in their acceptance process while discerning together, the position of the Catholic Church with respect to LGBT rights. The Conference provided networking opportunities to build stronger ties with other countries facing similar issues”. Joseanne was part of a workshop panel organised by the European Christian Forum that focused on Christian values and the necessity of building bridges with the local churches.
Luisa Tolu, from the University LGBT group We Are said: “This was the first time I attended an ILGA-Europe conference and I feel that it was a great opportunity to build networks and learn from the many experienced activists and politicians present. Some workshops served as input for possible projects We Are could conduct in the future and meeting activists who have contributed to the growth and history of the LGBTI movement since the 1970s was definitely inspiring.”
Saturday, 12 November 2011
Times: PL obtains equality mark certification
http://www.timesofmalta.com/articles/view/20111110/local/pl-obtains-equality-mark-certification.393220
Thursday, November 10, 2011, 16:28
The Labour Party has become the first political party in Malta to been awarded Equality Mark Certification by the National Commission for the Promotion of Equality.
This certification means the PL is implementing occupational policies and practices which guarantee gender equality and are family friendly.
[Click on the hyperlink above to view the comments on the Times' website.]
Thursday, November 10, 2011, 16:28
The Labour Party has become the first political party in Malta to been awarded Equality Mark Certification by the National Commission for the Promotion of Equality.
This certification means the PL is implementing occupational policies and practices which guarantee gender equality and are family friendly.
[Click on the hyperlink above to view the comments on the Times' website.]
BBC News: Uganda man jailed for killing gay activist David Kato
http://www.bbc.co.uk/news/world-africa-15685648
10 November 2011 Last updated at 18:51 GMT
David Kato took on the Rolling Stone which was publishing photos of men it identified as gay
10 November 2011 Last updated at 18:51 GMT
A Ugandan man has been sentenced to 30 years in prison for murdering the country's leading gay rights activist, David Kato, in January.
Sidney Nsubunga Enoch admitted in court that he had bludgeoned Mr Kato to death with a hammer, but alleged he had been provoked by sexual advances from him.
The murder sparked outrage, with Western governments calling on Uganda to legalise homosexuality.
Most Ugandans believe homosexuality is un-Christian and un-African.
School teacherMr Kato was killed after a newspaper published the names and addresses of people they said were gay or lesbian under the headline "Hang them".
David Kato took on the Rolling Stone which was publishing photos of men it identified as gayHe was a school teacher and gay rights activist who had led a campaign against a controversial bill which included the introduction of the death penalty for some homosexual acts.
After the murder, Uganda's parliament adjourned without debating it.
US President Barack Obama condemned the bill and donors have urged Uganda's government to ensure it never become law.
Last month, UK Prime Minister David Cameron said the UK would reduce aid to countries that refused to legalise homosexuality.
Ugandan President Yoweri Museveni adviser, John Nagenda, accused Mr Cameron of adopting a "bullying mentality" and of treating Ugandans like "children".
Homosexuality is illegal in most African countries.
MaltaToday: New step in recognising transgenders’ identity welcomed
Forthcoming amendment to legislation in respect of transgender persons
http://www.maltatoday.com.mt/en/newsdetails/news/national/New-step-in-recognising-transgenders-identity-welcomed
http://www.maltatoday.com.mt/en/newsdetails/news/national/New-step-in-recognising-transgenders-identity-welcomed
10.11.2011 by Matthew Vella
The Malta Gay Rights Movement and aditus have welcomed an amendment to legislation that will eliminate one of the human rights violations currently taking place in respect of transgender persons.
The amendments will do away with the current practice of appointing a court expert to verify irreversible sex reassignment.
“However, this falls far short of the comprehensive legislative changes required in order to meet current best practice in this field as clearly outlined in the report ‘A Proposed Gender Identity Act for Malta’ presented by MGRM in December 2010,” MGRM spokesperson Gabi Calleja said in a statement.
The proposed Gender Identity Act was tabled in parliament by MPEvarist Bartolo but has still not yet been put on parliament’s agenda.
The main proposals contained in the MGRM document largely reflect those recommended in a recent study published by the CoECommissioner of Human Rights, Thomas Hammarberg on discrimination on grounds of sexual orientation and gender identity in Europe.
These include the granting of legal recognition for the preferred gender of transgender persons, and speeding up procedures for changing the name and sex of a transgender person on official documents.
The draft also proposes the abolition of sterilisationl removal of the requirement of being unmarried, or divorced for already married persons, as a necessary condition for the legal recognition of a transgender person’s preferred gender; marriage rights for transgender persons; and placing of sex reassignment surgery on the national health system.
“The Malta Gay Rights Movement and aditus urge the Minister for Justice to take the current proposal tabled by MP Evarist Bartolo as the basis for the development of any legislative change as this meets the human rights standards as understood in the Yogyakarta Principles and the Hammarberg paper,” Callaja said. “Additionally, any amendments to the proposed bill should be discussed with MGRM and aditus as the sole credible interlocutors for trans people.”
[Click on the hyperlink above to view the comments on Malta Today's website.]
The amendments will do away with the current practice of appointing a court expert to verify irreversible sex reassignment.
The Malta Gay Rights Movement and aditus have welcomed an amendment to legislation that will eliminate one of the human rights violations currently taking place in respect of transgender persons.
The amendments will do away with the current practice of appointing a court expert to verify irreversible sex reassignment.
“However, this falls far short of the comprehensive legislative changes required in order to meet current best practice in this field as clearly outlined in the report ‘A Proposed Gender Identity Act for Malta’ presented by MGRM in December 2010,” MGRM spokesperson Gabi Calleja said in a statement.
The proposed Gender Identity Act was tabled in parliament by MPEvarist Bartolo but has still not yet been put on parliament’s agenda.
The main proposals contained in the MGRM document largely reflect those recommended in a recent study published by the CoECommissioner of Human Rights, Thomas Hammarberg on discrimination on grounds of sexual orientation and gender identity in Europe.
These include the granting of legal recognition for the preferred gender of transgender persons, and speeding up procedures for changing the name and sex of a transgender person on official documents.
The draft also proposes the abolition of sterilisationl removal of the requirement of being unmarried, or divorced for already married persons, as a necessary condition for the legal recognition of a transgender person’s preferred gender; marriage rights for transgender persons; and placing of sex reassignment surgery on the national health system.
“The Malta Gay Rights Movement and aditus urge the Minister for Justice to take the current proposal tabled by MP Evarist Bartolo as the basis for the development of any legislative change as this meets the human rights standards as understood in the Yogyakarta Principles and the Hammarberg paper,” Callaja said. “Additionally, any amendments to the proposed bill should be discussed with MGRM and aditus as the sole credible interlocutors for trans people.”
[Click on the hyperlink above to view the comments on Malta Today's website.]
Times: MGRM says proposed changes do not go far enough
http://www.timesofmalta.com/articles/view/20111110/local/gender.393040
Remove the requirement of being unmarried, or divorce for already married persons, as a necessary condition for the legal recognition of a transgender person's preferred gender.
Respect the right of transgender persons to effectively exercise their right to marry in accordance with their legally recognised gender.
Review any requirements of a diagnosis of mental disorder for accessing transgender health care in view of eliminating obstacles to the effective enjoyment, by transgender persons, of the rights to self-determination and the highest attainable standard of health.
Make sex reassignment procedures, such as hormone treatment, surgery and psychological support, accessible to transgender persons subject to informed consent and ensure that they are reimbursed by health insurance in acknowledgement of their life-saving potential.
The movement urged the government to adopt a private bill proposed by Labour MP Evarist Bartolo as the basis for the development of any legislative change as this meets the human rights standards as understood in the Yogyakarta Principles and the Hammarberg paper.
[Click on the hyperlink above to view the comments on the Times' website.]
Thursday, November 10, 2011, 08:54
The Malta Gay Rights Movement (MGRM) has welcomed reports that an amendment to legislation will do away with the current practice of appointing a court expert to verify irreversible sex reassignment.
However, the movement said, this falls far short of the comprehensive legislative changes required in order to meet current best practice in this field as clearly outlined in the report 'A Proposed Gender Identity Act for Malta' which it presented in December 2010.
The main proposals contained in the MGRM document largely reflect recommendations in a recent study published by the Council of Europe Commissioner of Human Rights, Thomas Hammarberg entitled 'Discrimination on Grounds of Sexual Orientation and Gender Identity in Europe' These include:
Grant legal recognition for the preferred gender of transgender persons and develop expeditious and transparent procedures for changing the name and sex of a transgender person on birth certificates, civil registers, identity cards, passports, educational certificates and other similar documents.
Abolish sterilisation and other compulsory medical treatment which may seriously impair the autonomy, health or well-being of the individual, as necessary requirements for the legal recognition of a transgender person's preferred gender.
The Malta Gay Rights Movement (MGRM) has welcomed reports that an amendment to legislation will do away with the current practice of appointing a court expert to verify irreversible sex reassignment.
However, the movement said, this falls far short of the comprehensive legislative changes required in order to meet current best practice in this field as clearly outlined in the report 'A Proposed Gender Identity Act for Malta' which it presented in December 2010.
The main proposals contained in the MGRM document largely reflect recommendations in a recent study published by the Council of Europe Commissioner of Human Rights, Thomas Hammarberg entitled 'Discrimination on Grounds of Sexual Orientation and Gender Identity in Europe' These include:
Grant legal recognition for the preferred gender of transgender persons and develop expeditious and transparent procedures for changing the name and sex of a transgender person on birth certificates, civil registers, identity cards, passports, educational certificates and other similar documents.
Abolish sterilisation and other compulsory medical treatment which may seriously impair the autonomy, health or well-being of the individual, as necessary requirements for the legal recognition of a transgender person's preferred gender.
Remove the requirement of being unmarried, or divorce for already married persons, as a necessary condition for the legal recognition of a transgender person's preferred gender.
Respect the right of transgender persons to effectively exercise their right to marry in accordance with their legally recognised gender.
Review any requirements of a diagnosis of mental disorder for accessing transgender health care in view of eliminating obstacles to the effective enjoyment, by transgender persons, of the rights to self-determination and the highest attainable standard of health.
Make sex reassignment procedures, such as hormone treatment, surgery and psychological support, accessible to transgender persons subject to informed consent and ensure that they are reimbursed by health insurance in acknowledgement of their life-saving potential.
The movement urged the government to adopt a private bill proposed by Labour MP Evarist Bartolo as the basis for the development of any legislative change as this meets the human rights standards as understood in the Yogyakarta Principles and the Hammarberg paper.
[Click on the hyperlink above to view the comments on the Times' website.]
MGRM: Amendment to legislation in respect of transgender persons
10.11.2011; Joint Statement: MGRM & Aditus
The Malta Gay Rights Movement and aditus welcome the announcement, reported in the Independent of 02/11/2011 that an amendment to legislation is to be introduced that will eliminate one of the human rights violations currently taking place in respect of transgender persons. This will do away with the current practice of appointing a court expert to verify irreversible sex reassignment.
However, this falls far short of the comprehensive legislative changes required in order to meet current best practice in this field as clearly outlined in the report ‘A Proposed Gender Identity Act for Malta’1 presented by MGRM in December 2010. The proposed Gender Identity Act which was tabled in parliament by MP Evarist Bartolo has still not yet been put on parliament’s agenda.
The main proposals contained in the MGRM document largely reflect those recommended in a recent study published by the CoE Commissioner of Human Rights, Thomas Hammarberg entitled ‘Discrimination on Grounds of Sexual Orientation and Gender Identity in Europe’2. These include the following:
1. Grant legal recognition for the preferred gender of transgender persons and develop expeditious and transparent procedures for changing the name and sex of a transgender person on birth certificates, civil registers, identity cards, passports, educational certificates and other similar documents.2. Abolish sterilisation and other compulsory medical treatment which may seriously impair the autonomy, health or well-being of the individual, as necessary requirements for the legal recognition of a transgender person’s preferred gender.3. Remove the requirement of being unmarried, or divorce for already married persons, as a necessary condition for the legal recognition of a transgender person’s preferred gender.4. Respect the right of transgender persons to effectively exercise their right to marry in accordance with their legally recognised gender.5. Review any requirements of a diagnosis of mental disorder for accessing transgender health care in view of eliminating obstacles to the effective enjoyment, by transgender persons, of the rights to self-determination and the highest attainable standard of health.
6. Make sex reassignment procedures, such as hormone treatment, surgery and psychological support, accessible to transgender persons subject to informed consent and ensure that they are reimbursed by health insurance in acknowledgement of their life-saving potential.
The Malta Gay Rights Movement and aditus therefore urge the Minister for Justice to take the current proposal tabled by MP Evarist Bartolo as the basis for the development of any legislative change as this meets the human rights standards as understood in the Yogyakarta Principles and the Hammarberg paper. Additionally, any amendments to the proposed bill should be discussed with MGRM and aditus as the sole credible interlocutors for trans people..
Times: Dualism hinders gender emancipation
http://www.timesofmalta.com/articles/view/20111109/local/-Dualism-only-hinders-gender-emancipation-.392925
Wednesday, November 9, 2011 , by Kristina Chetcuti
Wednesday, November 9, 2011 , by Kristina Chetcuti
Fr Mark Montebello
It is only a matter of time before the Church becomes more open to gay rights and sex before marriage but first the idea that the body is separate from the soul has to change, according to Dominican Fr Mark Montebello.
The most sickening church sermons are those you hear during funerals...
- Kristina Chetcuti
"The most sickening church sermons are those you hear during funerals, about how the soul has left the body and that the soul can live without the body and lots of superstitions that we can communicate with dead," Fr Montebello said.
The friar, renowned for his controversial remarks, was spe-aking at a public lecture, entitled Holy But Unequal: The Impact Of Religion On Gender, held at the Osborne Hotel, Valletta, last week.
Fr Montebello was transferred to Mexico for three months last year following articles he wrote about divorce and paedophilia. The year before that he had been disciplined by his superior in Malta for "offending the sentiments of the Maltese" after he said he believed Jesus was in favour of divorce and that crucifixes did not need to be "flaunted" in public buildings.
Fr Montebello said at the lecture that the constant fight between religion and mentality oppressed religion itself and kept society from progressing.
He said this stemmed from the concept of dualism – the separation of the spiritual from the physical, a notion that originated with the Greek philosopher Plato. "Plato was the first to instil this idea that the soul can live without the body but the body cannot live without the soul," he said, adding that the structure of the Catholic Church was built on this concept.
Dualism, he believed, made it difficult for progress to be achieved in gender emancipation, which was why "talking about gay rights feels like we're biting off our hands because it goes against our intrinsic notions".
The Hellenic school of thought was inherited over the centuries, he said: "This Greek idea of dualism is the problem deep down, this thing of having the spiritual on one side and the profane on the other. We are still grappling with this. Spirituality is a plus, sexuality a minus."
He said it was as a result of this that a woman's body started being seen as a vehicle of evil. He quoted works of saints, such as St Clement, St Jerome, St Gregory and St Augustine, who at one point or other suggest women should be ashamed of themselves or that "women are worse than animals because animals are not always aching for sex".
Fr Montebello noted that Pope Benedict, although a traditionalist, was trying to change this view.
It was not a question of politics and laws, he said, but of mentality. In the past, villagers' sayings were closer to the real thing. "I remember in Gozo villagers used to say one should have three altars: the Church, the word of God and the matrimonial bed. That showed there was no separation between the physical and the spiritual," he said.
Going back in time, he explained how in Egyptian times, monuments, such as obelisks – symbols of the male penis – where built to represent the spiritual act of fertilising the skies. He commented on the fact that one of the tallest Egyptian obelisks was today found in front of the Vatican in St Peter's Square, Rome.
"It's a pontifex, a bridge to the skies, in fact the Pope himself is called Pontifex Maximus," he said.
He concluded that, ideally, there should be a reflection on modern African philosophy to change the dualistic mentality.
The lecture was organised by the women's group Rethink, Rediscover and React and Forum Żgħażagħ Laburisti, with the aim of creating discussion platforms on gender topics.
"We're taking note of issues that come out of these dis-cussions and we'll submit them as proposals to the Labour Party in the hope that they'll be then taken up as party policies," RRR spokesman Nikita Alamango said.
[Click on the hyperlink above to view the comments on the Times' website.]
MGRM: MGRM and Drachma participate in ILGA-Europe Annual Conference in Turin
9.11.2011, Gabi Calleja, MGRM, 32, Parish Street, Mosta MST 2021, Mob: 99250943
Key note speeches were delivered by Emma Bonino, Deputy Speaker of the Italian Senate, George Tugushi, the Georgian Ombudsman, as well as the two newly elected Polish MP's Robert Biedron and Anna Grodzka.
This year's Annual Conference received a support message from Giorgio Napolitano, the President of the Republic ofItaly, and enjoyed the patronage of the Italian Senate, Chamber of Deputies of the Italian Parliament, Minister of Equal Opportunities, the Municipality of Turin, the province of Turin and Esperienza Italia 150º.
The conference was organised in cooperation with the Organising Committee of the 15th ILGA-Europe's Annual Conference inTurin. Next year's ILGA-Europe Annual Conference will take place in October 2012 in Dublin, Ireland.
Luisa Tolu, from the University LGBT group We Are said: "This was the first time I attended an ILGA-Europe conference and I feel that it was a great opportunity to build networks and learn from the many experienced activists and politicians present. Some workshops served as input for possible projects We Are could conduct in the future and meeting activists who have contributed to the growth and history of the LGBTI movement since the 1970s was definitely inspiring."
MEMBERS OF MGRM, UNIVERSITY LGBT GROUP WE ARE AND DRACHMA PARENTS' GROUP PARTICIPATE IN ILGA-EUROPE ANNUAL CONFERENCE IN TURIN
Five Maltese Representatives from MGRM, We Are and Drachma Parents' Group participated in the 15th ILGA-Europe Annual Conference held in Turin between 27 and 30 October 2011. This was attended by 343 lesbian, gay, bisexual, trans and intersex (LGBTI) activists, European and national politicians, representatives of other organisations from 43 countries making it the largest annual event on LGBTI rights in Europe. Dr Mark Grech participated in the European Network meeting that preceded the conference. Gabi Calleja was elected as one of the Co-Chairs of ILGA-Europe's Executive Board while Ruth Baldacchino continues as the European representative on the World Board.
The Conference explored the theme Human Rights and 'Traditional Values': Clash or Dialogue? Other issues were debated in a number of panel discussions, workshops and self-organised groups. The rhetoric questioning the compatibility of human rights and so-called traditional values happens all too often in our work at local, national, European and global levels. The conference explored what traditional values are, whether they are in conflict with human rights of LGBTI people, and what the LGBTI movement's strategy should be with regard to the rise of social conservatism in Europe. As this year ILGA-Europe celebrates its 15th anniversary, the Conference reflected on the history of the European LGBTI movement and the challenges ahead.
Key note speeches were delivered by Emma Bonino, Deputy Speaker of the Italian Senate, George Tugushi, the Georgian Ombudsman, as well as the two newly elected Polish MP's Robert Biedron and Anna Grodzka.
The Annual Conference adopted a declaration regarding the situation in Northern Cyprus which remains the only territory in Europe where consensual sexual acts between adult men are still criminalised.
This year's Annual Conference received a support message from Giorgio Napolitano, the President of the Republic ofItaly, and enjoyed the patronage of the Italian Senate, Chamber of Deputies of the Italian Parliament, Minister of Equal Opportunities, the Municipality of Turin, the province of Turin and Esperienza Italia 150º.
The conference was organised in cooperation with the Organising Committee of the 15th ILGA-Europe's Annual Conference inTurin. Next year's ILGA-Europe Annual Conference will take place in October 2012 in Dublin, Ireland.
Joseanne Peregin from the Drachma Parents' Group, said: "The Drachma Parents' Group has been engaged in fostering dialogue among young LGBTs and their parents by providing monthly meetings for parents to support them in their acceptance process while discerning together, the position of the Catholic Church with respect to LGBT rights. The Conference provided networking opportunities to build stronger ties with other countries facing similar issues". Joseanne was part of a workshop panel organised by the European Christian Forum that focused on Christian values and the necessity of building bridges with the local churches.
Luisa Tolu, from the University LGBT group We Are said: "This was the first time I attended an ILGA-Europe conference and I feel that it was a great opportunity to build networks and learn from the many experienced activists and politicians present. Some workshops served as input for possible projects We Are could conduct in the future and meeting activists who have contributed to the growth and history of the LGBTI movement since the 1970s was definitely inspiring."
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