Wednesday, 8 February 2012
Times: Government to tighten laws against hate crime
Tuesday, February 7, 2012, 14:17
[Click on the hyperlink above to watch the video and read the comments.]
Prime Minister Lawrence Gonzi said today that he had instructed Justice Minister Chris Said to embark on a consultation process to see whether the laws to prevent hate crime could be strengthened.
In a statement this afternoon, Dr Gonzi said he was speaking because there had been two incidents over the past three weeks which could have been motivated by homophobia.
The two cases, he said, were still being investigated and subject to court proceedings, but if homophobia was proved, this would be very worrying.
The country had to respect the dignity of all people, independently of one's colour, belief or orientation.
He said society should not judge individual persons and the laws had to be enforced.
The two cases referred to by the prime minister was an assault on two girls in Hamrun and, last Friday, an incident on a bus in Floriana.
Times: PM orders law review
http://www.timesofmalta.com/articles/view/20120208/local/PM-orders-law-review.405789
Wednesday, February 8, 2012 , by Kurt Sansone
Two violent assaults in the span of a few weeks possibly linked to homophobia have sounded the alarm bells for Prime Minister Lawrence Gonzi, who yesterday urged everyone to respect the dignity of all people.
A day after news emerged that Arriva had sacked a bus driver who assaulted two women, in what the transport company said had seemed to be a homophobic act, Dr Gonzi insisted an individual's dignity had to be respected "independently of colour, belief or sexual orientation". He added that he had instructed Justice Minister Chris Said to reviewthe laws and if necessary make them tighter.
"I expect all the forces of law and order to follow the government's direction by enforcing the laws and avoiding all forms of discrimination," Dr Gonzi said.
On Friday, during a meeting with representatives of the gay community, Dr Said was reported telling them that possible changes to hate crime laws, to include acts motivated by gender and sexual orientation, were being analysed by the Attorney General and the ministry's legal experts.
The bus incident came soon after another violent assault on two lesbians in Ħamrun by two young men.
Making a short statement during a hastily called press briefing at Castille, Dr Gonzi said the two cases were still being investigated and subject to court proceedings, but if homophobia was proven, it would be "very worrying".
Gabi Calleja, coordinator of the Malta Gay Rights Movement, welcomed the Prime Minister's statement. "We're glad that finally there was a reaction by the government to the recent incidents."
She said the gay lobby's expectations were still what they were before: a more comprehensive legal change to introduce hate crimes based on gender and sexual orientation, and legal recognition of same-sex couples.
Last month, Daniel Baer, the deputy assistant secretary of the US Bureau of Democracy, Rights and Labour, told this newspaper in a web interview the homophobic attack on two teenagers provided Malta's leaders with the opportunity to condemn such violence.
Call for hate crime legislation and greater education on diversity
"When ministers talk, people listen," Dr Baer had said, urging the government to focus on better legal protection for gay people.
In the wake of the bus incident that took place last Friday, Marco Borg, 43, was accused by the police of causing slight injuries to the two women, aged 17 and 21. He was also accused of disrupting public order and relapsing.
Mr Borg, who was sacked by Arriva, was granted bail against a personal guarantee of €1,000 on condition that he does not approach the women.
Transport Malta, the transport regulator, yesterday condemned the incident, insisting it would not tolerate such behaviour.
The regulator promised to take all action permissible at law against any driver involved in the incident, including the suspension or revocation of the driver's permit. Transport Malta has also asked the bus company for an official report on the incident.
The National Youth Council also condemned all forms of gay discrimination and welcomed the prompt police action to charge the aggressor.
The council called for the introduction of hate crime legislation and greater education on diversity.
[Click on the hyperlink above to view the comments on the Times' website.]
Tuesday, 7 February 2012
L-Orizzont: Xufier imkeċċi wara l-involviment tiegħu f’inċident vjolenti
7.2.2012
Marco Borg ta' 43 sena minn Birkirkara, xufier tal-Arriva li nhar il-Ġimgħa, wara x-xogħol, kien qiegħed fuq karozza tal-linja fi triqtu lejn id-dar bħala passiġġier, tkeċċa mill-kumpanija wara li lbieraħ tressaq il-Qorti mixli li pprova jikkawża ġrieħi fuq żewġ tfajliet.
Ix-xufier kien għadu bl-uniformi meta nqala' argument fil-Floriana. Fuq filmat li ttieħed minn passiġġier u tqiegħed fuq l-Internet (Service with a Smile? Arriva Malta), ix-xufier jinstema' jgħid liż-żewġ tfajliet biex iġibu ruħhom sew.
Il-kumpanija Arriva qalet li dan l-inċident ġie investigat immedjatament mill-uffiċjali tagħha u mill-Pulizija. Il-filmat juri li nqala' argument fuq il-karozza tal-linja u spiċċa barra fuq il-bankina, wara li kien ix-xufier stess li stieden lit-tfajiet biex ikomplu l-ġlieda barra. Fil-filmat, tidher waħda mit-tfajliet li spiċċat fl-art.
L-Arriva kkundannat dan l-inċident u qalet li għandha politika ta' tolleranza zero lejn kull tip ta' vjolenza. Persuni li kkummentaw dwar dan l-inċident qalu li dan seta' kien każ ta' omofobija.
Ilbieraħ waranofsinhar, ix-xufier tressaq il-Qorti u ġie mixli li pprova jikkaġuna feriti serji fuq żewġ tfajliet, waħda ta' 17-il sena u l-oħra ta' 21 sena. Huwa ġie mixli wkoll li kkawża ġrieħi ħfief, kiser il-paċi pubblika u li kiser il-kundizzjonijet tal-libertà proviżorja li kellu fuq każ ieħor. Madankollu, huwa reġa' ngħata l-libertà proviżorja b'garanzija personali ta' €1,000. Il-Prosekuzzjoni tmexxiet mill-Ispettur Kylie Borg.
B'reazzjoni għal dan l-inċident, il-kelliem għall-intergroup LGBT Labour, Cyrus Engerer, waqt li wkoll ikkundanna dan l-inċident, qal li l-mentalità fil-pajjiż ma tistax tinbidel sakemm ma jinbidlux il-liġijiet tal-istess pajjiż. L-LGBT Labour temmen fid-diversità u li f'pajjiż demokratiku, kulħadd għandu d-dritt fundamentali li jgħix ħajtu fil-libertà.
L-istqarrija qalet li dawn l-attakki, li ilhom jeżistu, qed joħorġu iżjed fil-beraħ grazzi għat-teknolġija, iżda jeħtieġ tittieħed azzjoni immedjata u konkreta biex jitwaqqfu.
Dan jista' jsir biss billi jiġu introdotti liġijiet li jirrikonoxxu koppji u familji omosesswali li s'issa huma inviżibbli fil-liġijiet ta' pajjiżna. Hemm bżonn rikonoxximent li jgħin biex tinbidel il-mentalità.
Times: Update 2: Bus incident - Driver loses his job and ends up in court
http://www.timesofmalta.com/articles/view/20120206/local/youtube-footage-shows-fight-between-passenger-and-bus-dispatcher.405637
Monday, February 6, 2012, 15:09; Last updated at 4.52 p.m.
An off duty bus driver who was involved in an incident with a passenger on a bus last Friday is now no longer employed by the company, Arriva said this afternoon.
The bus driver, who was in uniform, was returning home when he was involved in the incident in Floriana.
A video of the incident was shown on youtube.
Arriva said the incident was immediately investigated by its officials and the police.
The video shows how an argument started on a bus and continued outside. The young woman ended up on the ground.
Arriva condemned what had taken place.
"We have a zero tolerance policy for violence and a very clear diversity policy," a spokesman for the company said.
People who commented on the incident said this may have been a case of homophobia.
DRIVER TAKEN TO COURT
Meanwhile the driver has been taken to court and accused of having tried to cause serious injury on two young women, aged 21 and 17.
He was also accused of having caused slight injury, disrupted public order and broken the conditions of a previous release and probation.
He was granted bail against a personal guarantee of €1,000. Inspector Kylie Borg prosecuted.
LABOUR CALLS FOR LAW CHANGE
LGBT Labour said this appeared to have been another attack on a gay couple, following closely on a similar incident in Hamrun. It said legislation was urgently needed to deter such hate crime. Such legislation would then lead to a change of mentality, spokesman Cyrus Engerer said in a statement.
He also called for legislation that recognises gay couples.
[Click on the hyperlink above to view the comments on the Times' website.]
Monday, 6 February 2012
Times: All crimes are hate crimes
Sunday, February 5, 2012, by Claire Bonello
The violent assault of two teenage girls in Hamrun last month has prompted a two-fold reaction. There was the general sense of alarm at the sheer cruelty involved in the attack on the two girls, who are lesbians.
One of the victims – the 16-year old – was admitted to a health centre with a fractured nose, facial grazing and bruised breasts after being attacked by two teenage boys, while her friend sustained injuries to the head and wrists.
The photograph of the victim's bloodied face published in this newspaper was proof of the brutality of the attack. She describes it as a harrowing experience where one of the boys picked her up and punched her in the eye.
He stepped up the violence by grabbing her breasts, headbutting her nose, throwing her onto the ground, grabbing her hair and dragging her across the ground. Following that kind of experience, I would say that the physical scars may heal in time but the psychological trauma suffered may never be overcome.
The fact that it took place in broad daylight and in a public place is further cause for alarm. How could the aggressors be so fuelled by hate and so reckless as to the consequences of their actions, that they did not think twice before laying into the girls?
Given the horrific nature of the assault and the widespread sympathy felt for the girls, I'm not surprised to see that there are so many cries of 'Something must be done!'
It's only natural to want to try to prevent similar incidents from taking place. However I'm not to sure that we'd be adopting the right solution if we simply went down the route of extending hate crime legislation to include violence against LGBT people.
Hate crimes are acts of violence that are motivated by prejudice against a specified minority group. At present, the hate crimes contemplated under Maltese law are those committed against people because of the victim's affiliation to a racial or religious group. They do not extend to crimes committed against people because of their sexual orientation.
The penalty for the commission of hate crimes is harsher than that for the commission of the same crime without the 'bias' element. In other words, if a Maltese man had to be found guilty of injuring another Maltese national, he would be given the standard punishment for such a
crime. However, if the Maltese man were found guilty of injuring a Muslim man and it could be shown that he did so because of some bias against Muslim believers, then his punishment would be increased by one or two degrees.
I have a problem with following the logic behind this. In both cases, the harm being visited upon the victims is equally damaging. Why then, should the punishment be different in the second example?
If we are penalising the motivation involved in one particular crime, and not another, we are veering dangerously into the field of thought crime and minimising violence wreaked on victims who do not belong to a minority group.
In the example given above, the crime committed against non-Muslim victim would be considered less worthy of punishment. I can't think of one valid reason for discriminating between crimes in this manner. If the violent action results in injury, then that action should be
punished in the same way, every time, regardless of the perpetrator's motives.
Put it this way: If a man hits a woman in a jealous rage, is his crime any less heinous than that of a man who hits a woman because she is black? Is it of any comfort to the white woman to know that her assailant was not racially-motivated?
If the attacks were accompanied by insults, why would being called a 'stupid bitch' not attract the same penalties as being called a 'black bitch'? Distinguishing between the two cases, and defining the second case as a hate crime really makes no sense. Even the term 'hate crime'
is a misnomer. By nature all acts of violence are motivated by hate. None are motivated by noble motives. Why should one particular form of hatred be considered more abhorrent than another?
There are also practicalities to consider when it comes to hate crimes. It is up to the police to decide which offences can be categorised as hate crimes and prosecuted as such.
What is there to stop over-zealous officers from passing off any insult with a reference to ethnicity as a racial slur and a hate crime? I know of one case where a man who called another man "A chapati-eating Paki" (when the 'victim' was not of Pakistani origin though arguably a chapatti-eater) and being charged for committing a racially-motivated crime. From that it's not too far-fetched to a state of play where utterances of the word 'Pufta' are dealt with severity because it is considered to be an example of a hate crime fuelled by homophobia, when it is more of a generic insult.
Besides these considerations I would say that the most convincing argument against considering crimes against LGBT as hate crimes is that by discriminating in favour of a particular group, the members of that group are entrenching themselves further as a separate minority instead of integrating into the community.
The end result is the reinforcement of the ghetto mentality of the group, which is hardly desirable. The best possible course of action following the attacks in Hamrun is not the extension of hate crime legislation, but prompt and effective prosecution and punishment, together with continuous educational initiatives to stamp out hatred and intolerance – in all cases.
[Click on the hyperlink above to view the comments on the Times' website.]
Sunday, 5 February 2012
Malta Today: People’s reactions to homosexuals engaging in public displays
Wednesday, February 01, 2012 by Claudine Cassar
Are parents who feel uncomfortable when their children see gay couples passionately kissing and groping each other in public discriminating against homosexuals?
It's been quite a week! It's very tempting to write yet another article about Franco Debono and his shenanigans, but I am sure that you have all had it up to here with the man's antics, so I shall ignore him. My feeling is that he will give us all cause to speculate once again in the near future, so we might as well take a Franco break while we still can.
Instead, I would like to talk about the attack on the two girls in Hamrun. I found the whole episode reprehensible. Violent attacks of any kind are always unacceptable, but there is something truly chilling about the thought that there are people who are so prejudiced that they need to lash out at anything that does not conform to their narrow interpretation of what is normal. I condemn the attack categorically and I hope that something will be done to ensure that there is proper legal protection against such hate crimes.
On a separate note, however, I have to admit that I was intrigued by the discussion that ensued on the comment boards regarding people's reactions to homosexuals engaging in public displays of affection (PDA). In one case a man described a situation where he could no longer go to a band club with his children because it is frequented by a number of lesbian couples who indulge in bouts of heavy petting. He clearly was not advocating violence against the couples in question, but he did say that he avoided the place when he was with his kids.
His comments evinced mixed reactions, including people who said that such behaviour was natural and that his kids had to get used to it. Others asked him why on earth homosexual couples should refrain from kissing and canoodling because of his children. Patrick Attard, an outspoken champion of homosexual rights, posted a link to his blog where he reproduced an article from It-Torca, where the author reported that police officers were confused as to how to react when someone called in to complain about gay couples kissing in public. Comments about his post referred to reactions to homosexual PDA as discrimination.
Unfortunately, much as I sympathise with homosexuals who feel stifled, I feel that the gay community needs to be a little more understanding on this point. I am all for gays being out and proud and I am the first one to say that a person's sexual orientation is his or her own business and that everyone has the right to happiness. As I have written in my column in the past, there are very real forms of discrimination against gay couples, and these must end. Clearly each and every one of us - whether straight or gay - has the right to choose his own partner, leave an inheritance to the person they love and also visit their loved ones in hospital.
However, are parents who feel uncomfortable when their children see gay couples passionately kissing and groping each other in public discriminating against homosexuals? In my opinion, they are not. It is hard to be a parent. As a mum I am very much aware that I have to prepare my kids for the world, helping them along the way to becoming open-minded individuals. I am very open with my children and I talk to them about different things, but the subject must be age-appropriate.
To give you an example of what I mean, I talk to them about not going off with strangers because sometimes children are stolen or hurt - but I would not sit them down to watch an episode of Medical Detectives where the victim was a child who was abducted and killed (in fact I try to avoid anything that smacks of blood, gore or excessive violence).
Similarly, I talk to them about mummy and daddy loving each other and making a baby, but change the channel if a sex scene starts to unfold. I have no problem with their watching Hannah Montana, where the characters talk excitedly about their first kiss, but I would not feel comfortable at the beach if the (heterosexual) couple on the towel next to ours suddenly started engaging in an over-the-top display of affection.
In the same vein, I have every intention to talk to them about homosexuality and to teach them that love can exist in many different forms... however if Scotty and Kevin (characters in the drama Brothers and Sisters) start kissing, I change the channel. Is that because I find the sight of two men kissing disgusting? Of course not! It is because I feel my children are still not mature enough to understand what is going on and I want them to be ready when we have the "homosexual" talk.
Discussing the birds and the bees is already difficult enough - even when done at home after having thought through a strategy on how to present the subject in an age-appropriate manner. You can imagine how much harder it would be if the discussion is suddenly foisted upon an unprepared parent while sipping a cappuccino in a coffee shop or trying to relax at the beach.
So my message to all couples out there, whether straight or gay, is this. If you are feeling overly frisky and there are kids about: PLEASE get a room!
[Click on the hyperlink above to view the comments on Malta Today's website.]
EU Parliament: Sport: EU tackles hooligans, corrupt agents and illegal betting
PLENARY SESSION Sport − 02-02-2012 - 13:37
The fight against doping, violence in stadiums, match-fixing and shady deals by players' agents demands better-coordinated action at EU level, says a resolution passed by Parliament on Thursday.
"The Lisbon Treaty's entry into force brought about a revolution in sport by creating the first legal basis for this area, Article 165", said rapporteur Santiago Fisas Ayxela (EPP, ES), in the debate preceding the vote.
Promote sport for girls
MEPs call on the EU to identify and eliminate all obstacles likely to prevent girls and women from doing sports. They underline that "parents' prohibiting immigrant girls from taking part in sports and swimming at school cannot be tolerated or excused on cultural or religious grounds". Better representation of women in sports governing bodies - in proportion to the number of qualified women - could help to promote female participation in sport, they add.
Blacklist hooligans
Parliament asks that supporters who are known to be violent or to engage in discriminatory behaviour be banned from all European stadiums. A European data base should enable national authorities to ensure that the ban applies to any international matches played on their territory. MEPs also call on Member States and sports governing bodies to commit to tackling homophobia and racism against athletes.
Make doping a criminal offence
To protect athletes better, MEPs suggest that trafficking in illegal performance-enhancing substances should be treated in the same way as trafficking in illegal drugs. To combat match-fixing, money laundering and illegal betting, MEPs ask that any fraudulent activity be treated as a criminal offence and that a licensing system be put in place for betting operators.
Regulate sports agents
The profession of sports agent should be regulated and subject to a proper official qualification, say MEPs. Agents should have their fiscal residence within the EU and undertake to abide by a code of conduct in order to obtain a licence.
The resolution proposes setting up a European register of agents, which would also list the players for whom they work.
Agents' fees for transfers should be paid in instalments throughout the duration of the players' contract, rather than as a lump sum at the time of the transfer, MEPs add.
Combine learning and training
National authorities should ensure that young athletes are able to pursue normal school and higher education studies in addition to their sports training. European recognition of their qualifications and athletic experience should encourage athletes and trainers to take part in exchange programmes on the "Erasmus" model, MEPs add.
The resolution was passed with 550 votes in favour, 73 against and 7 abstentions.
Procedure: Non-legislative resolution
REF. : 20120201IPR36950
YouTube: Secretary Clinton's Historic Speech on LGBT Human Rights - "Gay rights are human rights"
"FREE AND EQUAL IN DIGNITY AND RIGHTS"
Delivered by Secretary Clinton
Palais des Nations, Geneva, Switzerland
===================================
On Tuesday, December 6, 2011, Secretary of State Hillary Clinton gave a historic speech at the United Nations in Geneva declaring that LGBT rights are human rights and human rights are LGBT rights. The full transcript of the speech can be found here: http://www.state.gov/secretary/rm/2011/12/178368.htm
[Click on the hyperlink above to view the comments on the relevant website.]
Times: Lesbian attack ‘an opportunity’
Wednesday, February 1, 2012, by Claudia Calleja
US deputy assistant secretary, Daniel Baer, during yesterday’s web interview.
The recent attack on two teenagers, who were targeted because of their sexual orientation, provides Malta’s leaders with the opportunity to condemn such violence, according to US human rights politician Daniel Baer.
“Focusing on the legal aspect is important but there is a broader commitment... There is an opportunity for leaders to speak out and condemn violence against anyone and pass on the message that it will not be tolerated,” he said.
Dr Baer is the deputy assistant secretary of the US Bureau of Democracy, Rights and Labour. He was replying to a question sent by The Times in a web interview for international journalists on human rights and lesbian, gay, bisexual and transgendered people
Dr Baer said the attack meant the government had to focus on better legal protection for gay people.
“One of the most important things is to get serious about investigating and redoubling efforts to investigate and prosecute such cases,” he said.
But there was also the political aspect through which the country’s leadersought to condemn such actions and fight discrimination, he said. “When ministers talk, people listen.”
The attack took place in Ħamrun on January 13 and two teenage boys are expected to be charged in court.
NGOs and organisations, including the Church, issued statements condemning the violence and calling for increased legal protection for gays.
A peaceful demonstration was also held at Ħamrun square where the attack took place. However, there was no official statement of condemnation from the government.
A Justice Ministry spokesman yesterday said that, “of course”, the government condemned all forms of violence. It was seeking to address the issue by expanding the definition of a hate crime to include homophobia and the amendment was being discussed in Parliament.
[Click on the hyperlink above to view the comments on the Times' website.]
Corrierie della Sera: Fondo anti-crisi aperto anche a coppie gay
La decisione anticipa la creazione del registro delle unioni di fatto annunciata dal sindaco Pisapia entro il 2012
27 gennaio 2012 (modifica il 28 gennaio 2012)
MILANO - Il Fondo Anticrisi del Comune di Milano, nella parte destinata al sostegno al reddito, si apre alle coppie di fatto, anche omosessuali, anticipando così la creazione del registro delle unioni civili promesso dal sindaco entro il 2012. Il bando per accedere al Fondo, rispetto alla versione della precedente amministrazione, è stato infatti modificato, allargando la platea di possibili beneficiari anche alle coppie di fatto («anche dello stesso sesso», ha spiegato l'assessore alle Politiche sociali Pierfrancesco Majorino) e togliendo il limite dei 5 anni di residenza in città.
PISAPIA: E' UN DOVERE - È «un dovere da parte delle istituzioni» aiutare tutte le coppie, sia quelle sposate sia quelle legate da vincoli affettivi, che si trovano «in uno stato di difficoltà» ha commentato il sindaco di Milano, Giuliano Pisapia, a margine dell’inaugurazione dell’anno giudiziario. «A me sembra assolutamente normale che là dove ci siano soggetti bisognosi il Comune faccia tutto quanto possibile, usando anche quelle disponibilità che oggi ci sono. Sono contrario a qualsiasi discriminazione, lo sono stato nel passato, lo sono nel presente e lo sarò nel futuro», ha commentato Pisapia. «Chi ha bisogno e chi è legato da vincoli affettivi e si trova in stato di difficoltà - ha detto - come chi è sposato dev’essere aiutato nei momenti più difficili ed è è un dovere da parte delle istituzioni».
FONDO ANTICRISI - Per accedere agli oltre 4 milioni di euro, per i quali una delibera istituisce un fondo per soggetti in difficoltà occupazionale e per l'acquisto della prima casa o il sostegno all'affitto, basta dimostrare un reddito Isee sotto i 25 mila euro e essere sposati o coabitanti nello stato di famiglia per sussistenza di vincolo affettivo al 1 gennaio 2012. Il contributo, fino a 5 mila euro, potrà essere attribuito «anche a coppie dello stesso sesso», ha aggiunto Majorino. I soldi fanno parte dei 6,4 milioni di euro di residui del Fondo Anticrisi 2010. La Giunta ha deciso di destinare l'intera somma, oltre che al sostegno al reddito delle famiglie, anche al sostegno all'occupazione.
ASSUNZIONI - Così uno stanziamento di 2,2 milioni di euro, che fanno capo all'assessorato alle Politiche per il lavoro, serviranno a dar vita a nuovi bandi di incentivazione alle assunzioni e alle stabilizzazioni di precari (1 milione) e per nuovi fondi di garanzia per facilitare l'accesso al credito bancario per le nuove imprese (800 mila euro) e per tutelare e incentivare 'stage di qualita« (450 mila euro).