Like India and Pakistan, Bangladesh also its colonial era Indian Penal Code “Section 377″, although it hasn’t been enforced for the last two decades. What is life like for its LGBT communities?

With 162 million inhabitants, Bangladesh is the seventh most populous nation in the world. Until 1971, it was “East Pakistan,” until neglect and nationalist pressures trumped religious solidarity with Pakistan to its far west, a thousand miles away. It was hit by famine shortly after its war of independence (1974-5) and then languished under military dictatorship for nearly eleven years (1979-1990). Since then, it has been run by two women who alternate as Prime Ministers- Khaledia Zia of the Bangladesh Nationalist Party and Sheikh Hasina of the Awami League. Unfortunately, political violence and corruption seem widespread. Most Bangladeshis (89%) are Sunni Muslims, with a further nine percent Hindu affiliated (9.2%).

Section 377 extends to LGBT organisational membership, although this hasn’t stopped the rise of at least three LGBT Bangladeshi organisations- Bangladesh Association of Gays, Boys Only Bangladesh and Shakiyani for lesbians and bisexual women. Furthermore, hijras exist here as they do in the rest of South Asia, situational male homosexuality is commonplace, as is gay sex between male cousins and brothers in law, according to Gary Dowsett’s co-authored report on the area. Safe sex education occurs for sex workers, IV drug users and man who have sex with men, and condoms are available although usually discussed only in the context of contraception, with some religious and cultural taboos dampening discussion. Against this, Bangladesh has no shariah law.

Update: Given the situation above, it’s not too surprising to hear that two Bangladeshi gay men are now seeking asylum in Australia. While the couple  offered to have sex before Australian immigration officials to prove their sexuality, they will have to appeal their case for protection visas for the fourth time in over a decade. The couple told Sydney’s   Daily Telegraph they feared death if their latest bid for refugee status is once again refused at a hearing later this October.

It isn’t the first time that concerns have been raised in this context. It is reported that a  Federal Court judge recently criticised the Refugee Review Tribunal over this case, finding it was “deliberately biased” against the two applicants.  Justice Spender found three previous tribunals had “twisted facts”  to deny the men were gay, using absurd claims they were straight brothers. This was later refuted by DNA testing after anonymous phone call allegations.

While a first tribunal found they were homosexual, it refused them entry on the grounds they could avoid persecution in Bangladesh if they were  closeted. The High Court overturned this verdict and upheld their appeal stating the gay couple faced a “real risk” of harm if they were deported back to Bangladesh

Increasingly frustrated by the process, they offered  in a submission: “We are prepared to have an adult witness view us engaged in an act of homosexual intercourse and then attest before you to that fact.”

In a 2007 hearing, the tribunal asked one of the two men  an intrusive question: “if he and the second applicant have sex in the morning” and “if they used a lubricant.” The older partner said he had been “too embarrassed to answer the personal questions“, which was later used against him.

Human rights lawyer Bruce Levet described the tribunal’s conduct as “disgraceful” in the latter context and added : “I was ashamed to be a lawyer.” The men had lived monogamously for 14 years and did not frequent gay pubs or participate in the local gay community.  Mr Levet said they had “struggled” to convince the RRAT. He said the Commonwealth had resisted granting the asylum test case for fear of a wave of LGBT human rights refugees.

The pair live in southwest Sydney and fled Bangladesh in 1999 after they were stoned, kicked and punched during a hate crime

The Tribunal will announce yet another appeal date on October 18.

Australia. Stupid one day, neanderthal the next.

Recommended:

Gary Dowsett, Jeff Grierson and Stephen MacNally: A Review of Knowledge About the Sexual Networks and Behaviour of MSMs in South Asia: Melbourne University: 2004: http://www.hivpolicy.org/bib/HPP000890.htm

“We’ll have sex to prove we are gay say Bangladesh refugees:” Daily Telegraph: 18.10.09: http://www.dailytelegraph.com.au/…/story-e6freuy9-1225787718526