These questions are designed for non-governmental organizations that engage with issues of relevance to our report. These questions will need to be tailored to groups depending on area of expertise, size of the organization, and location. This outline covers a range of subjects that will potentially be relevant for the various organizations and individuals with whom we meet. Before the interview, consider carefully which areas will be the focus of the conversation. Please also consider whether there are additional topics you should cover with the particular organization or individual.
Remember that these interview plans are a guide. Deviation from this script is inevitable. Remember to ask follow-up questions. With the right follow-up questions, yes or no answers almost always lead to more. Note that questions in italics/brackets may or may not be appropriate depending on the context of the interview.
If appropriate/relevant: Thank the partner organization that facilitated this interview and introduce your translator.
Sample introduction: Hello, my name is ____________. I am here with a team of professors and students from Fordham Law School in New York City for a project on the rights of sexual and gender minorities in Bangladesh. We are interested in speaking to you about the challenges faced by sexual and gender minorities and the legal and policy framework that addresses these issues.
We have spent the past several months studying international law and the rights of sexual and gender minorities, as well as Bangladeshi law, culture, and history. After we return to the United States, we will publish and distribute a report of our findings. We hope that our work will be helpful to people in Bangladesh who are already working on these important issues.
Consent: I want you to know that we wish to make use of the information you provide us in our report. We can refer to you by name, by loose description (e.g., a development official), or anonymously, if you would like, for all or part of the interview.
Keep in mind that interviewees may to decline to be interviewed or decline to answer any question at any time.
Background: 1. First and last name (or descriptor, or anonymous)? a. I want to make sure to get correct spellings. b. Exchange business cards 2. Exact title 3. Length of time in position? 4. May we quote you?
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General questions: 1. Tell me about this organizations work: a. What are your main/current projects? b. Where do you primarily work? i. Nationwide? Locally? Rural/urban? c. Who are you hoping will benefit from your work? What is the population you serve? i. Any particular vulnerable groups? ii. LGBT NGOdo you work with all sexual minorities (hijra, lesbian, gay, bisexual)? d. What tools does this organization primarily use to advance these issues? i. Law reform, legal advocacy, and increasing access to justice? ii. Public education, awareness-raising programs, etc.? iii. Direct lobbying, organizing, etc.? iv. Support and solidarity associations? v. Do you ever represent clients? Do you represent individuals pro bono? e. What do you think is the most effective way to address these issues? i. Law reform, legal advocacy, and increasing access to justice? ii. Public education, awareness-raising programs, etc.? iii. Direct lobbying, organizing, etc.? iv. Support and solidarity associations? f. What challenges do you face in your work? i. How have you been able to measure success? g. What interaction does your organization have with the local/national government? i. Have you partnered with the government for any of your projects? ii. Have you ever been in conflict with the government on these issues? How was this resolved? h. Generally speaking, where does funding for organizations such as yours come from? 2. Rights of gender and sexual minorities in Bangladesh a. Do you feel your work intersects with the rights of gender and sexual minorities? i. If so, how? ii. Do you have any reports or information to share from your work related to discrimination against sexual/gender minorities or access to justice?
Impact of being a gender/sexual minority: 1. How does being a sexual/gender minority impact peoples lives? (distinguish b/w hijra, lesbians, gay men, bisexuals) a. Are they able to get an education? If not, why not? b. Are they able to get employment? If not, why not? c. Does it affect their health? How? i. Violence? By whom? d. Any impact on housing? Finances? e. Are there activities you feel that gender/sexual minorities are excluded from? f. Any links between being a gender/sexual minority and poverty in your experience? g. Do they face specific human rights violations that are different than the general population? h. What are the main human rights concerns that gender/sexual minorities face? 3
2. Tell me about the perception of gender/sexual minorities in your community: a. How do people think about gender/sexual minorities in Bangladesh? How are they treated? i. Different than other individuals? ii. Excluded from community, jobs, leadership positions, other opportunities? iii. Are different minority groups treated differently? Hijras vs. lesbians vs. gay men vs. bisexuals? iv. Is this true for both poorer and wealthier minorities? v. Do young people have different attitudes towards gender/sexual minorities than the older generations? Do wealthier or educated people have different attitudes than poorer/less educated people? vi. Would you say these features are true in society more broadly? b. Do people discriminate against gender/sexual minorities, avoid them, or say bad things about them? i. Who? In what ways? How frequently? c. How do families treat family members who are gender/sexual minorities? i. Different than other relatives? ii. Any mistreatment?
Access to justice generally: 1. Tell me about access to justice in Bangladesh. a. When someone is mistreated or has their rights violations, what are some challenges they face in getting justice? b. Do you have any specific examples from your own work? c. How are you able to help your clients who have been mistreated? d. How are you able to hold perpetrators accountable? e. Any general obstacles to reporting violations/abuse to police? f. Any obstacles to seeking legal help? i. Are people guaranteed a lawyer? In what situations (criminal only)? g. Any obstacles interacting with court system? h. Any obstacles in seeking help from NGOs? i. Any obstacles to engaging with the National Human Rights Commission? j. Do specific groups face specific challenges in accessing justice? Examples? k. What role does economics play? Gender? Other factors?
Access to justice for sexual/gender minorities:: 1. Do gender/sexual minorities face any specific challenges to getting help/justice when their rights are violated? Examples? a. Obstacles to reporting to police? i. Are they treated differently after being arrested? b. Obstacles to seeking legal help? c. Problems in the court system? d. Any obstacles in seeking help from NGOs? e. Any obstacles to engaging with the National Human Rights Commission? f. Any obstacles to holding perpetrators accountable? 4
g. Do any specific laws (377?) make it harder for gender/sexual minorities to get help for violations/abuse? How? 2. Where can gender/sexual minorities seek help from when they discriminated against or mistreated? a. Family? Community? NGOs? Local government? Police/judicial system? NHRC? b. Do these avenues generally work to alleviate these grievances? 3. How is this the same or different between different groupshijras, lesbians, gay men, bisexuals? Rural vs. urban?
Legal, NGO, and Government Support: 1. Tell me about laws & programs dealing with access to justice: a. What laws/policies/programs does the government have to assist people who have suffered human rights violations? i. Legal aid programs? ii. Rehabilitation for victims? iii. Other? b. What non-government mechanisms do people rely on to settle grievances? c. Does your office play any role in resolving these issues? 2. Laws & programs for/against gender and sexual minorities: a. Tell me about laws that protect people from discrimination. i. What is your assessment of the strengths and weaknesses of this legal and policy framework? ii. Do these protections cover/include sexual orientation and gender identity? iii. How did these laws come about what groups were influential? b. Tell me about laws/policies that are used against gender and sexual minorities? i. How are they used (Threats/extortion? Arrests? Prosecution?) ii. Who are they used againsthijra/gay/lesbian/bisexual? iii. Section 377? iv. Section 54 of the Code of Criminal Procedure (when police can arrest w/o a warrant)? v. Dhaka Metropolitan Police Ordinance (provisions on nuisance, indecent behavior, being under suspicious circumstances between sunset and sunrise)? vi. Laws on sex work (soliciting, etc.)? c. Are there any government policies specifically about gender and sexual minorities? d. Do you know of any efforts to expand the legislation or official programming addressing gender and sexual minorities? i. What is the current status of the Draft Anti-Discrimination Law? ii. Has the government implemented its decision to recognize third gender? How? e. Do you think that protecting gender and sexual minorities from discrimination and harm is a government priority? What about ensuring that they have access to remedies for rights violations? f. Do you think repealing 377 is important right now? i. If so, what do you think the best course of action to achieve that would be? ii. If not, what do you think are the primary obstacles to repealing the law? 5
g. In your opinion, what are the most important goals of gender/sexual minorities in Bangladesh right now? 3. If gender/sexual minorities have a complaint about discrimination or mistreatment a. Where do they usually go? i. Are they able to get help this way? ii. Where should they go? b. Any other programs helping gender/sexual minorities? i. NGOs, development programs, international organizations, UN? ii. What is your assessment of these programs? 4. Legal system a. Do people make use of the legal system to handle human rights concerns generally? For concerns/abuse related to gender identity and sexual orientation? i. Why/why not? b. We have read that violence against gender/sexual minorities is common. What do you think is the cause behind this? How are the perpetrators treated? c. Are lawyers engaged in these issues? i. Do they take cases to court involving gender/sexual minorities? ii. Do they conduct government advocacy on the rights of gender/sexual minorities? d. What other services would also be helpful? i. Based on your experience, what should be done to fight discrimination against gender/sexual minorities? ii. Based on your experience, what should be done to give gender/sexual minorities greater ability to report abuses against them and ensure that abusers are held accountable?
Conclusion & Follow up: 1. Anything else we should know? 2. Anyone else you think we should speak to in order to understand these issues? 3. We would like to return in the fall (perhaps in November or December) to follow up on these issues any projects you would like to see us focus on? 4. Contact Information may we contact you later, if needed?
Thank interviewee and give your contact information.