“We Invite People to Think the Unthinkable”
An Interview with Nizar Saghieh
Middle East Report,
undated, found 10/31/2004
http://www.merip.org/mer/mer230/230_saghieh.html
Nizar Saghieh is a lawyer and a charter member of
Hurriyyat Khassa (Private Liberties), a Lebanese human rights organization
founded on October 1, 2002. He has published widely in Arabic on such topics
as reform of the judicial system and the memory of war. Sara Scalenghe, a
doctoral candidate in history at Georgetown University, conducted this
conversation with Saghieh by e-mail in February 2004.
What prompted you to found Hurriyyat Khassa, and what
are its goals?
There was no particular event that inspired our group’s
formation. It was Lebanese socio-political conditions as a whole. Despite
diverse backgrounds, all of our members agree that individuals should have
sovereignty over their private affairs, while also having access to equal
participation in public affairs. This is called for by the public interest, as
well as justice and reason. However, Hurriyyat Khassa members have found that
the Lebanese regime often systematically aims for the opposite—to interfere
in private affairs while restricting participation in public affairs.
Confessional sentiments and interests are always used to implement this
policy. (The elaborate system of political power sharing and social
interaction between Maronite Christians, Sunni Muslims, Druze, and other
communities is known in Lebanon as the confessional system.) Therefore, our
members include in the notion of private liberties the freedom of creed and
the freedom not to belong to any confession at all. Hurriyyat members also
lobby for a personal civil status law that allows people to form bonds outside
of confessional constraints. Such a law would lead to the democratization of
the family and equality of the sexes, decriminalization of homosexuality, and
protection of the rights of sex workers and domestic workers who are stuck in
virtual or actual slavery. Hurriyyat believes that the current official
multi-confessional lifestyle and political system that is imposed in Lebanon
actually encourages the persistence of sectarianism, threatens the fulfillment
of many individuals and alienates many from participating in the public
sphere. The idea is that advocating for personal and private
liberties—including those that are in conflict with religious values—would
empower dissidence and weaken confessional affiliation and identity.
Why would your type of advocacy necessarily lead to
broader political change?
Spinoza argued that reason remains inefficient vis-à-vis
emotions unless it becomes emotion itself. We believe we can succeed only by
allowing reason to grant legitimacy to non-recognized emotions, which may then
become much stronger than the predominant community feelings and interests.
Our membership includes independent lawyers, artists and journalists who
previously worked on various human rights issues. Others are leftist activists
belonging to the group Khatt Mubashir. A few identify themselves as gay and
are members of an ad hoc group called HeLeM (“dream,” in Arabic). We use
both reason and emotion to lobby for various causes, including gay rights. We
conduct research and we hold conferences, but we also produce creative short
films and posters to capture the emotions behind the issues. Activism and
participation in demonstrations are often as important to us as conferences
and research. For example, on January 16, 2004, Hurriyyat led a sit-in against
the death penalty in front of Parliament. Our researchers and lawyers took
part in an earlier “die-in” covered by the Lebanese media. But our main
focus has been to examine amendments to the penal code, proposed in November
2002, which conflict with human dignity. Three main points grabbed our
attention in this pseudo-reform of the penal code: privatization of the public
sphere, increasing interference in private space and the marginalization of
many segments of society. We organized a very successful conference last May,
and continue to lobby with other NGOs to implement its published
recommendations.
How is Hurriyyat Khassa involved in promoting the
rights of sexual minorities in Lebanon?
Although some of our members identify as gays or lesbians
and promote community solidarity, Hurriyyat Khassa’s approach is less
concerned with founding communities upon sexual orientation than with fighting
against exclusion or marginalization. We address sexuality issues through the
wider scope of the right to human dignity, the right to be different, the
right to decide freely about private affairs, the right to be fully recognized
as an individual and a citizen, and the freedom of creed. The challenge for us
is to put an end to the social taboo related to homosexuality without being
marginalized or considered extremist. While pursuing this objective, we always
strive to create a forum for discussion and, in particular, to find
appropriate discourse that is in harmony with the ambient culture. We have
learned to adopt the Trojan horse method—to introduce a socially unaccepted
idea under the umbrella of a socially accepted idea. During last May’s forum
on human dignity in the penal code, for example, we showed the filmed
testimony of a young gay man, threatened with death by his own family, and
claiming his need for love. Also, we addressed homosexuality in a paper for a
session on marginalized identities that also included war victims and the
poor. Of course, our lawyers do not hesitate to defend people for practicing
homosexuality without covering it up under another issue. However, it is rare
that we are solicited for such cases, as homosexual practices are rarely
prosecuted by themselves. They are generally prosecuted when there is some
other crime, or the homosexual act involves a minor, or there are some other
special circumstances. One of the cases we have addressed involved Hizballah,
whose security forces arrested many young men for same-sex sexual acts in 2003
and delivered them to the Lebanese police. The men were charged under the
current penal code, which penalizes “unnatural” copulation with up to one
year of imprisonment. They were released shortly afterward and, as yet, no
hearing date has been set. The [May] conference’s recommendations include
the decriminalization of homosexuality and were adopted by many other human
rights organizations. So we have succeeded in inscribing homosexual rights on
the Lebanese human rights agenda.
How has the Lebanese government responded to Hurriyyat
Khassa?
The standard response of the government to civil society
initiatives is: no repression, no encouragement, distant monitoring, no
guaranteed rights. Our actual legal status is a “civil partnership,”
almost a research center, so we did not require any government-issued
authorization. Has there been any attempt to intimidate us or to restrain our
activities? No, although we are openly raising controversial issues and have
many times strongly criticized the government’s position. Is there, on the
other hand, any cooperation or encouragement? Not really. We have been invited
to send the recommendations of the penal code conference to the parliamentary
committee on human rights and we are expecting more cooperation from other
deputies and committees. We are often invited by government bodies, such as
those working on children’s rights or AIDS, to attend meetings and so on. At
any rate, one may say that, at this stage of our development, we are more
enthusiastic about finding allies within civil society, raising awareness in
the public sphere, finding the most convincing language and otherwise building
our capacities. It is too early to appreciate the government’s willingness
to cooperate. In six months, maybe things will be clearer.
What about the media and the general public?
The press is our favorite partner, and has given our
activities extensive coverage. Of course, the extent to which homosexual
issues are tolerated varies from newspaper to newspaper, and even from
journalist to journalist. One time, a major newspaper published one of our
communiqués only after it had removed our reference to “gay rights.” The
same newspaper refused to publish our communiqué related to the
aforementioned Hizballah incident, for political reasons, I think. Another
time, a female journalist from a minor Lebanese newspaper asked us to abstain
from talking about homosexuality if we wanted to be covered by her newspaper.
Of course, we refused to comply. I learned afterwards that this journalist,
who had attended the entire penal code forum, had a hard time with her editor,
but in the end she succeeded in publishing a story on the forum, with a brief
reference to homosexual rights. Access to TV networks is more difficult,
though we managed to get coverage of the forum from some channels. Also, we
were hosted by a morning program for six consecutive days to talk about the
forum. Concerning the public, I think we have succeeded mightily in breaking
the taboo without being rejected, labeled or considered extremists. In 2002,
we had true difficulty in attracting well-positioned people, but now Hurriyyat
is ranked among the major human rights organizations in Lebanon. In the
beginning, we were bothered by the fact that once the topic of homosexuality
was mentioned in meetings, it became the sole subject of debate. We have now
learned how to overcome this blockage, in order to keep the principles or the
concept of Hurriyyat Khassa present in people’s minds. Finally, I think that
the public in Lebanon is more flexible on homosexual issues than is generally
perceived. It is enough to break the taboo in a non-confrontational manner.
One member of the audience at the forum discussions, in the course of five
minutes, renounced many times his a priori ideas regarding homosexuality in
response to the audience’s reaction. To think the unthinkable—that is what
Hurriyyat invites people to do.
How do Lebanon’s religious parties and authorities
relate to sexual minorities?
To define homosexuality legally as an “unnatural act”
aims mainly at giving transcendental basis to its criminalization. Yet
homosexuality is generally only prosecuted in cases in which it is otherwise
morally difficult to mount a defense. In general, there is a great deal of
hypocrisy and denial about homosexuality in Lebanon. In February-March 2002, a
widespread, baseless rumor about “Satan worshippers” linked to homosexual
practices was given credence by police raids and never-completed legal
proceedings, as well as official statements. During that period, religious
voices took advantage of the occasion to reiterate their traditional position
against homosexuality. They urged parents to safeguard their children’s
morality against “satanic” bid’a (new practices which are contrary to
religion) such as homosexuality. Moreover, the “Committee for the
Preservation of Moral Values,” representing the main recognized sects in
Lebanon, used the word bid’a to demonize homosexuality and even civil
marriage. This committee is currently preparing draft essays on “moral
values” and lobbying to integrate them into school curricula. Apart from the
aforementioned case, Hizballah generally avoids social debates even though it
propagates its moral values among its members and supporters.
If there is a gay subculture in Lebanon, is it limited
to the capital, Beirut?
In the absence of statistics and real scientific studies,
I can only share my impressions with you. Maybe one can say that this
subculture is being formed and thus presents lots of uncertainty and
contradictions. There are some practices which vary from one area to the
other. Sure, Beirut is more accustomed to various practices than other areas.
Nevertheless, same-sex practices are widespread and some cities are even
traditionally known for their particular practices. Most of these practices
remain at the stage of behavior, not lifestyle. They are clandestine and thus
marginalized. They are more widespread among the poor and outside Beirut. As
for the manifestation of homosexuality as an identity, the predominant model
to follow at this stage is the Western model. In both cases, the people
involved are in a state of rupture with their society, a fact that renders
interaction and communication more difficult.
Do you mean that “the Western model” is
inappropriate within Lebanese culture?
Hurriyyat speaks with an Arab voice, as we aim to
legitimize homosexual feelings and relations in the Lebanese context. We
believe, of course, that the homosexual choice responds to human needs and
that, therefore, it has a universal basis. However, we believe that social
recognition requires interaction between the individual and the society. Such
interaction is more likely to occur if the society recognizes its history
related to homosexuality and the human needs of its citizens, instead of
denying them. Further, the possibility of interaction presupposes that
homosexuals themselves have reached a certain stage of reconciliation between
their sexual identity and the surrounding culture. Producing literature and
art in Arabic related to homosexuality is an important step towards
reconciling homosexuals with their native language. Also, the study of actual
Arab history—laws, practices, poetry—is the best way for society, and in
particular homosexuals, to reconcile with the Arab memory regarding
homosexuality and also to find out the rational rules for the present time.
For example, some notions in the Arab legal heritage may constitute a basis
for the right to privacy, such as the well-known precept “man satar ‘ala
muslim satar Allah ‘alayhi” (“whoever keeps confidential information
related to unlawful sexual acts, his/her reputation will be preserved by
God”). At any rate, Hurriyyat always focuses on the public interest. We try
to prove that the criminalization of homosexuality in Arab history was related
to the Islamic regime requirements (rationalité axiologique, to use Weber’s
classification), and has never been justified by reasons inherent to
homosexuality (rationalité intrinsèque). So, yes, the emerging Lebanese gay
subculture has been influenced by the West in many ways, through TV, films,
the Internet, periodicals, nightclubs and especially through contact with the
Lebanese diaspora following the civil war. If such influence seems predominant
in homosexual practices and behavior, it is because it is the only public
model for those having such tendencies. In advocating for legitimacy on the
basis of Arabo-Islamic values and human needs, we hope to render non-Western
models possible, too.
How does religious sectarianism affect gay identity
politics in Lebanon?
First, it is well-known that all recognized religions in
Lebanon condemn homosexuality. One may expect, in theory, that this fact would
render homosexuals rebellious against the confessional system. However,
reality seems different—the homosexual’s confessional identity is still
stronger than his/her sexual identity. The solution to this contradiction is
to render homosexuals more confident in the legitimacy of their sexual
identity or choices. A positive example of solidarity across sectarian lines
is the organization of the families of persons who “disappeared” during
the civil war. Those families, coming from different sects, have successfully
cooperated since 1983, even during the war. Their love overcame their
communitarian identities. In Hurriyyat, as well as in HeLeM, there is no room
for confessional cleavages. Finally, it is worth mentioning that the various
confessions are unevenly distributed across economic and geographic divisions.
This implies a certain difference as to the acceptability of homosexuality in
one confession or another.
Do you mean that gay identity politics are mainly
confined to the (often Western-) educated middle and upper classes?
I think that the imitation phenomenon in Lebanon—the
communication of new practices and manners—is important and things are
evolving very fast, in particular inside Beirut and its suburbs. However,
while those who identify themselves as gay people do not belong to one
particular social class, those who assume their sexual identity socially are
mostly from the middle class. Class considerations are also present in
homosexual relationships, in the sense that homosexuals of different social
status are less likely to form relationships.
Is Hurriyyat Khassa working on AIDS-related issues?
Hurriyyat works on AIDS issues from a human rights
perspective, that is, we work to institute the necessary legal reforms to
prevent AIDS or discrimination against HIV-positive people. The institutions
working on AIDS always express their unhappiness about the criminalization of
homosexuality which, by virtue of its targeting of homosexuals, somewhat
hinders progress on AIDS issues. To the best of my knowledge, HeLeM, our
sister organization, is the only organization which is making the link between
the gay community and organizations working on AIDS. So far, however, HeLeM
has not received any funds.
Does Hurriyyat Khassa cooperate with LGBT rights
groups in Europe and in the US?
So far, there has been no cooperation with those
organizations. Our current focus in Lebanon is on decriminalizing
homosexuality, while Western gay rights organizations overcame this obstacle
decades ago. Hurriyyat is very concerned with its independence vis-à-vis all
kinds of power, in particular the problem of donor-driven agendas. That said,
we are interested in building relations based on mutual respect with
international or Western organizations, provided they are also independent and
share Hurriyyat’s main ideas about justice and human dignity. However, I
think that our focus, in the future, should be to create a network for private
liberties in the Arab world.
[Home] [Lebanon] [World]
