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LGBT rights matter

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BEPS and the other side of the tax story
February 19, 2021
LGBT Rights Matter (2)
February 23, 2021

LGBT rights matter

February 20, 2021
Categories
  • lgbt rights
Tags
  • coombes
  • lbgti
  • non-discrimination
  • rights

Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) people constitute a vulnerable group of individuals all over the world that continue, to this day, to fall victim to persecution, harassment, discrimination and gross ill-treatment, often involving extreme forms of violence including murder that leads to short, medium or long-term physical, psychological, social and economic consequences with far-reaching impacts on society.

Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) people constitute a vulnerable group of individuals all over the world that continue, to this day, to fall victim to persecution, harassment, discrimination and gross ill-treatment, often involving extreme forms of violence including murder that leads to short, medium or long-term physical, psychological, social and economic consequences with far-reaching impacts on society.

Moreover, in several countries, sexual relations between consenting adults of the same sex are considered a crime and punished with fines, imprisonment or with the death penalty.

The Republic of Mauritius claims at the United Nations that it recognizes the human rights of the LGBTI community. Under pressure from the European Union, the Mauritian Government has indeed quietly ratified a number of international legal provisions and discreetly enacted domestic legislation against discrimination based on sexual orientation.

In reality, the Government of Mauritius still criminalises consensual adult male homosexuality and punishes it with 5 years’ imprisonment. As such, it does not comply with international law and has shown no intention of doing so in the foreseeable future.

Mauritius has so far refused to amend the ignoble Section 250 (1) of the Mauritian Criminal Code that reads as follows: “Any person who is guilty of the crime of sodomy or bestiality shall be liable to penal servitude for a term not exceeding 5 years”.

Astounding as it is, human sexuality, in Mauritian law, is considered to be on the same level as sex between a human and an animal!

The human dignity of the LGBTI community is cruelly and irrationally negated in the Republic of Mauritius.

On 27 September 2019, Henry Coombes, a gay Mauritian artist, aged 73, filed a plaint against the Government of Mauritius and its Attorney-General before the Supreme Court of Mauritius challenging the constitutionality of Section 250 (1) of the Criminal Code that effectively brands him as a criminal.

Henry Coombes is demanding no more and no less that there should be equal rights for all Mauritians without discrimination. He is demanding that his identity as a gay person be respected. He does so in his own interest and in the interest of the whole LGBTI community in Mauritius.

The case of Henry Coombes v/s the Government of Mauritius is scheduled to be heard on 13 July 2021.

In its plea dated 2 February 2021 Government argues that “ there is constitutionally no protected general right to private life” and that “consensual sexual activities between members of the same sex still remains a highly sensitive issue in Mauritius in view of the delicate socio-cultural and religious fabric of the Mauritian society.”

Religious belief is a personal matter and the right to practice one/s religion must be respected and protected.

Religion, however, cannot become a pretext for the State to discriminate against those who do not share the religious dogmas of some or many. Everybody must have the freedom to love and live with the person she/he chooses to. The State cannot be allowed to criminalise  the freedom of adults to love and live the way they want to.

Most Mauritians, if not all, believe they live and/or are entitled to live in a democratic society as stated in Section 1 of our Constitution: “Mauritius shall be a sovereign democratic State which shall be known as the Republic of Mauritius.”

Government is now arguing and telling Mauritians that their right to private life is not to be considered as a constitutional right in a democratic State. Their privacy is therefore not protected under the Constitution.

If indeed this is so, then the Constitution should be urgently amended to explicitly guarantee to all Mauritians the right to have a private life.

The right to privacy is a fundamental human right. Without the right to privacy, a State cannot be seriously considered to be democratic.

Members of the LGBTI community are entitled to enjoy the same human rights as all other Mauritians. We cannot preach equality of all Mauritians under the law and at the same time discriminate against Mauritians who are gay and treat them as criminals as Section 250 does.

This is worse than political hypocrisy. It is anti-democratic.

LGBTI rights are human rights. This statement, as simple and straightforward as it is, is at the core of LGBTI rights defenders’ relentless discourse. LGBTI people have the same human rights as all individuals, including the right to non-discrimination in the enjoyment of these rights.

Acknowledging LGBTI rights as human rights is both a first step and a requirement towards equality for all under our Constitution.

This is why we invite all those value democracy, privacy and human rights for all to lend their support and demonstrate their solidarity to Henry Coombes in his struggle against the unlawful and inhuman discrimination the LGBTI in Mauritius community suffers from.

 

COOMBES’S RIGHTS MATTER!

LGBTI RIGHTS MATTER!

 

Contact :

Henry Coombes Support Group,

c/o https://www.bibichambers.com

office.enquiry@bibichambers.com

Annex: Profiles of Henry Coombes Support Group activists.

jc_bibi

Jean Claude Bibi


Jean Claude, the Head of Bibi Law Chambers, is a barrister in private practice. Called to the Bar of England and Wales in 1975 at the Middle Temple, London he also holds a Bachelor of Law (Honours) Degree from the University of Kent at Canterbury, United Kingdom. He was elected to the National Legislative Assembly in 1976 and, in 1983, served as Attorney-General and Minister of Justice. Subsequently he was appointed High Commissioner of Mauritius to Australia and New Zealand. In 1988 he was appointed as Ambassador to Japan and then Ambassador to Madagascar in 1990. In 1992 he resumed his practice at the Mauritian Bar with a heavy emphasis on human rights issues and workers’ rights. In 1996 he joined the United Nations Department of Peacekeeping Operations and served as Chief Legal Adviser in Angola and, later as Identification Commissioner in Western Sahara. In 2000 he founded the Bibi Law Chambers, a law firm committed to the defence of human rights. In 2005 he became a founding member of JUSTICE - an association that defended victims of violence inflicted on suspects and detainees by police officers or other agents of the State. In 2018 Bibi Law Chambers acted as Counsel for the Rainbow Alliance - (Collectif-Arc-En-Ciel) - the main organization that regroups the LGBTI community in Mauritius.
leclezio

Jean Marie LeClézio


Jean-Marie has studied in France; he was a student lawyer at Freshfields, Paris; he was sworn in as an Attorney-at-Law in Mauritius in 1995 and has been in sole practice since then. Jean-Marie is mainly in litigation and has gained experience in the fields of Personal Law and Civil Code; Company and Commercial Law; Constitutional law and Human Rights; Arbitration; Injunctions, Attachments and Provisional Measures. He appears in Intermediate, Industrial and Supreme Courts (including the Appeal, Commercial and Family Divisions), and has instructed Counsel to appear before the Privy Council.
coombes

Henry Coombes


Henry is an artist and illustrator. In his artworks he focuses on themes of sexuality and death, with a strong homo-erotic focus.
julien

Sandrine Julien


Sandrine is an experienced social worker. She has been advocating for Human Rights for the last 10 years in various fields including harm reduction, education for underprivileged girls, HIV, children rights and sex workers. She was the former President of the Collectif-Arc-En-Ciel (CAEC), the human rights organisation working to improve the lives of LGBT+ people, by promoting diversity and inclusion throughout Mauritius, for three consecutive years (2015, 2016, 2017). As a Mandela Washington Fellow (cohort 2016), she had the opportunity to meet President Obama during the Young African Leaders Initiative in Washington D.C on August 2016. She attended and participated in several conferences & summits in Africa and is currently working as counsellor and facilitator with underprivileged teenage girls and vice-president of the CAEC.
dimitri

DIMITRY AH-YU


Dimitry is the current Assistant Treasurer of the Collectif-Arc-En-Ciel (CAEC). He has been an active member in the LGBTQ+ community for more than 12 years and contributed significantly in improving the perception of LGBT issues in Mauritius. He is currently working as a Marketing Manager, spearheading the marketing side at an insurance company. He has participated in numerous successful campaigns to advance LGBT progress through press, social media and awareness educational activities. He holds a Master's Degree in International Management at university of Poitier in France.
benoit

FAIMANO BENOIT


Faimano is a Senior Digital Consultant with more than 10 years’ experience working on major international advertising campaigns. She is an experienced web project manager with a focus on delivering tailored digital solutions based on business objectives and client requirements. She has the following skills: • Used to make oral presentation to involve everyone on projects (kick-off in front of store managers) • Facilitating communication between business and technical teams to speed up innovation • Solution-oriented collaboration with technical teams (IT, logistics, etc.) in order to determine the best compromise between business/client requirements and time-to-market constraints. • Interface ergonomics / architectural conception • Responsive design components • Scoping and delivery of functional specifications • Creation of wireframes using Axure • Creation of JPEG mockups • HTML5/CSS3 integration
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