The European Region of the International Lesbian and Gay Association

ACTIVITY REPORT 2002/2003

24 October 2002 - 14 October 2003 THANKS AND ACKNOWLEDGEMENTS Although the expansion of the office capacity has increased the amount of work done by ILGA- Europe, it has also increased expectations. Consequently we still depend on considerable volunteer effort to achieve our goals. It is not possible to list every voluntary contribution, and all are val- ued, but particular thanks go to the following:

The European Region • Mark Bell and Robert Wintemute for their • Tom Hoemig and Javier Lorenzo Castro at the of the International regular advice on developments in the law; ILGA office, for their co-operation and sup- Lesbian and Gay Association port; • Steffen Jensen and his team of volunteers, avenue de Tervueren 94 for continuing to publish the Euro-Letter on • Peter Ashman for his representation of ILGA- 1040 Belgium ILGA-Europe’s behalf; Europe in the Pink Triangle Coalition;

Phone +32-2 732 54 88 • Sue Lee for advice, assistance and support • UNISON Scotland (UK), COC Haaglanden Fax +32-2 732 51 64 on a range of Human Resource issues, (), Pink Cross () and including training, recruitment, and personal Philippe Fretté for generous donations to our [email protected] www.ilga-europe.org development; conference scholarship funds;

Bank account # 310-1844088-10 • Ali Jarvis and her team of volunteers who • Stonewall Lobby Group (UK) and the UK Gay ING Belgique worked tirelessly to make the Glasgow con- Community Organisation Distribution Service ETT-CINQUANTENAIRE ference a resounding success; (GCODS) for substantial financial contributions avenue de Tervueren 10 1040 ETTERBEEK to our work; IBAN: BE41310184408810 • The for granting core BIC (SWIFT): BBRUBEBB funding and for the support of its anti-dis- • MEPs Joke Swiebel, Michael Cashman, crimination unit; Lousewies van der Laan, Baroness Sarah Activity Report 2002-2003 Ludford, Marco Cappato, Torben Lund, Jean Brussels, October 2003 • The Sigrid Rausing Trust for its generous Lambert, Joost Lagendijk and many others, Editors: Ailsa Spindler, support of our expansion into a second including their assistants, for their commit- Birgit Hardt office and the increased capacity that it brings; ment to support LGBT issues in the Euro- pean Parliament. Other contributors: Kurt Krickler, Nigel Warner, Sheila Swatschek

Design & Layout: Image Plus Printer: Sofadi, Brussels CONTENTS © ILGA-Europe. Reproduction permitted, provided that appro- Introduction 3 priate reference is made to the 3 source. 1. European Union 2. Council of Europe 10 3. Organization for Security and Co-operation in Europe 13 This Annual Activity 4. Actions to counter human rights abuses against Report is LGBT and HIV-positive people in Europe 13 published 5. Actions to counter human rights abuses against with the LGBT and HIV-positive people outside Europe 14 support 6. Programme of activities in support of LGBT human rights of the European Commission – 14 The European Union against organisations in central, and eastern Europe and in the mediterranean area discrimination. The information 7. HIV/AIDS 15 contained in this publication 8. Development of ILGA-Europe 15 does not necessarily reflect 16 the position or opinion of the 9. Media Coverage European Commission. It is not 10. Financial report 2002 17 liable for any use that may be 11. Calendar of meetings & events attended in 2002/03 18 made of this information. INTRODUCTION

The Annual Activity Report is an important ing her new position. The gap she left was communication tool, as it is the primary soon filled by Birgit Hardt, who joined us means by which the executive board of in February. Birgit came from a commercial ILGA-Europe informs the membership of the consultancy background, and her incisive activities of the staff and the board in rela- thinking and broad experience helped her tion to the annual work programme. This to settle in very quickly. She is a valued activity report covers the period between member of the staff team. the start of the Lisbon conference in 2002 ILGA-Europe staff, September 2003: and the start of the Glasgow conference No sooner had we adjusted to Birgit’s Birgit Hardt, Sheila Swatschek, Olivier Collet, in 2003. arrival, than we had to cope with more Ailsa Spindler change; Licínia Pereira was lured away by the This has been a period of continuing growth European Commission, who had reco- In a year of many advances in our cam- and development for the organisation, gnised her talents in the short time she had paign for LGBT equality – which are building on the work of previous years and spent with us. We were very fortunate to detailed in following sections of the report responding to new challenges. We have find an extremely able and available – perhaps the most significant develop- reported our activities and developments replacement in Sheila Swatschek, and dis- ment has been the success in securing in the Newsletter and the Euro-Letter as they ruption was minimised by Sheila’s prompt funding for the establishment of an office have occurred, but this document presents start in April 2003. Sheila is a qualified bar- to work on matters not covered by our EU them in summary form, while relating them rister with experience in a law practice in grant aid. This development is in its early to the programme of work agreed at Lisbon. Berlin; she has also worked in the stages, and will be reported more compre- . hensively in next year’s activity report. It Following considerable expansion of staff will represent a huge leap in our capacity resources last year, we were expecting a In spite of the excellence of the staff, there to represent our membership and their period of stability, and it is true that num- are times when we struggle with the work- constituencies across the whole of bers have remained the same during the load in Brussels. This reflects the huge Europe. year. However, there have been two expectation and demand on the office, changes in personnel to report. In November which performs a similar range of tasks Just as this report went to press, we were we were sorry to say goodbye to Mette as that of other NGOs with twice the able to appoint Iain Gill for a six-month Vadstrup, who had been with us since the resources. We are fortunate that good co- internship. Iain is well known to many of opening of the Brussels office. Mette left operation between the staff, the board, our members as an activist in Ireland and to develop her career in another NGO, but and other volunteers helps to maximise as a representative on our EU Co-ordina- in a more commercial sphere of activity; our efficiency and output. tion Network. His contribution is sure to we are delighted to hear that she is enjoy- be appreciated.

1. EUROPEAN UNION 1.1 Employment

Framework Directive for equal treatment intended to fulfil its EU obligations to pro- in employment and occupation vide protection from discrimination in the workplace, but, perversely, included provi- ILGA-Europe has kept in close touch with sions which could permit the police, its member organisations over the proper armed forces, and prison and rescue serv- implementation of the Directive. There have ices to discriminate against lesbians, gays been concerns in a number of countries: and bisexuals. The UK has introduced leg- Malta’s implementation has omitted sexual islation with exemptions for religious orientation discrimination entirely. ILGA- organisations which may allow them to Europe worked with the Malta Gay Rights discriminate on the basis of sexual orien- Movement to bring this to the attention of April 2003: EU Coordination Network meets tation, in contravention of the Directive. relevant officials in the European Commis- in Ghent sion. There are concerns that Slovakia may ILGA-Europe will follow these, and any other also omit sexual orientation discrimination. Italy, just days after assuming the Presiden- examples, closely and work to ensure that cy of the European Union, issued a decree all possible action is taken at European level

ILGA-Europe Activity Report 2002-2003 3 to achieve full and effective implementation of the Directive across the member states. Work programme 2002/2003 1.1 EMPLOYMENT Two activities were held to promote the 1.1.2 Amended Equal Treatment Directive (sex discrimination) Directive at the annual conference in Octo- Work with member organisations in EU member states and in applicant countries during ber: a plenary panel session on the role implementation at national level to ensure the inclusion of specific references to gender of trades unions in implementing the identity discrimination in national legislation. Employment Directive, and a workshop for delegates on implementation of the Direc- 1.1.3 The Employment Guidelines tive at national level. The former arose from Use the mechanism of the annual Employment Guidelines, and the related National discussions with representatives of Por- Action Plans and Joint Employment Reports, to combat employment discrimination tuguese trades unions, from which it within the member states. became clear that a panel session on this issue would be beneficial. Representatives of one Portuguese trades union attended European Network Against Racism, the of the ETUC, in responding to inquiries ini- the plenary panel session. European Disability Forum, Eurolink AGE tiated by ILGA-Europe with a letter of sup- and other Article 13 NGOs have led to port to the Lisbon conference, has stated The March issue of the ILGA-Europe News- improved co-operation on monitoring that the ETUC “encourages its affiliate letter included a three-page article with implementation. ILGA-Europe’s executive unions to take up the opportunity this [the updates on the situation regarding imple- director chairs the Social Platform working Employment Directive] presents to tackle mentation in all member states and acces- party which has formalised these meet- discrimination against lesbian and gay sion countries. ings, and represents the NGOs on the EU workers, in terms of collective bargaining, Advisory Group assisting the Commission promoting awareness of the new rights, We have continued to strengthen the role with its “Information Campaign to Combat recruiting and organising groups of affected of the EU Co-ordination Network. The Net- Discrimination in the European Union”. members and pursuing remedies where work has been kept informed of develop- This campaign, launched in June 2003, will rights are breached”. It is hoped that this ments on our current campaigns, including concentrate on combating discrimination statement can be used to encourage trades the implementation of the Framework in the workplace in its first year. unions to become active in implementing Directive, with specific advice on lobbying the Employment Directive. We will follow actions at national and local level. A suc- ILGA-Europe has engaged in initial dia- up the statement of support and look for- cessful Network meeting in Ghent in April logue with the European Trade Union Con- ward to closer links with trades union repre- included further briefing on the subject federation (ETUC) on its role in the imple- sentatives. ETUC and UNICE (the employers’ from our EU legal expert Mark Bell, and an mentation of the Employment Directive in representative body) are both involved in update from each national representative. relation to sexual orientation discrimina- the information campaign referred to above. tion. At present the ETUC is not very active Regular meetings with counterparts in the in this field. However the General Secretary Amended Equal Treatment Directive

During the EU Co-ordination Network Work programme 2002/2003 meeting this point was particularly empha- sised and followed up in lobby instructions 1.1 EMPLOYMENT for the network and guidelines for mem- 1.1.1 General Framework Directive for equal treatment in employment and occupation bers. ILGA-Europe promotes the wording (also known as the Employment Directive) “gender identity” and opposes the term ❙ Work with member organisations in EU member states and in applicant countries to sexual identity which has come up in several ensure full and effective implementation of the Directive at national level by provid- national implementations to cover both ing guidance on technical matters and resources, promoting exchange of information sexual orientation and gender identity. between member organisations, and exchanging information and best practice with Work in this area is on-going; staff in- other international networks working on the implementation of the Article 13 creases (see 6.4 below) will enable more Directives; specific work on gender identity to be car- ❙ Work with other European level NGOs concerned with the implementation of the ried out in future. Article 13 Directives to encourage co-operation and a common approach at national level; The Employment Guidelines

❙ After the implementation deadline of 2nd December 2003, monitor enforcement of the ILGA-Europe’s links with the Social Plat- Directive, start gathering evidence for the first Commission review in 2005, and look form enable us to monitor developments out for possible test cases. in this area, with input on LGBT concerns when appropriate.

4 ILGA-Europe Activity Report 2002-2003 1.2 Protection from discrimination in areas of EU competence other than employment (social security and healthcare, education and access to supply of goods and services, including housing)

Going beyond the Framework Directive Work programme 2002/2003 ILGA-Europe is in the process of developing 1.2 PROTECTION FROM DISCRIMINATION IN AREAS OF EU COMPETENCE a long-term plan aimed at the introduction OTHER THAN EMPLOYMENT of a directive providing protection from 1.2.1 Going beyond the Framework Directive sexual orientation discrimination in areas Develop and implement a long-term action plan (involving both ILGA-Europe and its of EC competence outside employment. member organisations) to persuade the European Union of the need for a Directive The Racial Equality Directive identifies a to cover sexual orientation discrimination in all areas of EU competence outside number of such areas as relevant to dis- employment. crimination on the ground of race: social protection, including social security and 1.2.2 Proposed directive on gender discrimination outside employment healthcare; social advantages; education; Work for the inclusion of specific references to gender identity discrimination in the and access to supply of goods and servic- proposed directive. es, including housing. All of these are rel- evant also to sexual orientation discrimi- nation. European institutions has been very slow, unlikely that we will still achieve changes Proposed directive on gender discrimina- but ILGA-Europe has not put any further in our favour. We will continue to monitor tion outside employment effort into lobbying it. An already pub- developments regarding this directive, and lished draft by the Commission was with- take action as appropriate, making use of Progress on this directive through the drawn and will be re-evaluated, yet it is our increased staff resources (see 6.4 below).

1.3 The Community Action Programme to combat discrimination

A workshop was held at the annual confer- tance in the compilation of a data sheet on continue to work closely with both lead ence in October, at which transnational sexual orientation discrimination, and we organisations. exchange projects were explained, member organisations that have participated so far Work programme 2002/2003 shared experiences, and participation in the second round of projects was discussed. 1.3 The Community Action Programme to combat discrimination 1.3.1 Work with member organisations in EU member states and participating accession ILGA-Europe is a partner in one of the proj- countries to ensure full and effective inclusion of sexual orientation discrimination ects selected for funding in phase two, in the second round of the transnational anti-discrimination projects. “Introduction of Anti-Discrimination train- 1.3.2 Lobby for admission of accession countries to funding under the Programme. ing measures within Public Administra- tions” (led by the Centre Européen Juif 1.3.3 Seek to ensure that sexual orientation discrimination is fairly represented in d’Information and the Northern Ireland research, evaluation or awareness-raising projects sponsored by the Commission Council for Ethnic Minorities). In the role of under the Programme. partner we have provided technical assis-

1.4 Asylum and immigration – harmonisation of regulations under the EU plans to create an Area of Freedom, Security and Justice

The policy paper “Families, Partners, cations for the free movement of citizens that the proposed Freedom of Movement Children and the European Union” (IE doc. and their families in the EU. Directive is drafted in such a way as to 1/2003) was published in English, French, eliminate the discrimination currently expe- German, Italian and Spanish in April 2003. rienced by same-sex partners and their This document, drawn up by Mark Bell, The proposed Freedom of Movement families in the exercise of the right to free- examines how various aspects of EU law Directive1 dom of movement. In September 2002 are impacting upon national rules relating ILGA-Europe developed a fall-back posi- to personal status. These rules have impli- ILGA-Europe is currently working to ensure tion, in case the main proposal for the ILGA-Europe Activity Report 2002-2003 5 1.4 Asylum and immigration – harmonisation of regulations under the EU plans to create an Area of Freedom, Security and Justice

recognition of same-sex partners and their The Status of Refugees Directive3 was also tabled. ILGA-Europe sent briefings families is not successful. This position is to all members of the Committee before the based on the concept of mutual recogni- ILGA-Europe is also currently working to vote. Recognition of sexual orientation per- tion, and would ensure that those part- ensure that the Status of Refugees Direc- secution was retained, and ILGA-Europe’s ners/families that are recognised in their tive reflects a number of concerns. These main proposals were supported, except own countries would be similarly recog- include ensuring the retention in the draft that relating to the definition of family. nised when moving to another EU mem- Directive of the recognition of persecution Prior to the vote in the plenary session (22 ber state. on the grounds of sexual orientation, the October 2002), ILGA-Europe again sent recognition of persecution on the grounds briefings to a large number of MEPs. All ILGA-Europe’s proposals were sent to the of gender identity, the full recognition of the ILGA-Europe proposals supported in rapporteur for the LIBE Committee,2 Mr same-sex partners and their families, the the LIBE Committee were supported by Giacomo Santini, in September. However his inclusion of an anti-discrimination clause, the full Parliament. Following these devel- draft report, published in November, ignored and a strengthened clause on subsidiary opments, the focus is on the negotiations them. ILGA-Europe worked with members of protection. All ILGA-Europe’s proposals were in the Council, which are scheduled for dis- the Committee across party lines, to formu- duly put forward in the LIBE Committee in cussion in October 2003. Network member late amendments which were tabled on 25 early October 2002. A hostile amendment organisations have been encouraged to November. Following discussions with seekingto eliminate recognition of perse- enter into dialogue with their government, MEPs and intense lobbying activity, the cution on the basis of sexual orientation through regular updates and briefings. “mutual recognition” amendments were adopted by the LIBE Committee and by the full Parliament. This marked an important Work programme 2002/2003 recognition that the right to free movement 1.4 ASYLUM AND IMMIGRATION – HARMONISATION OF REGULATIONS UNDER cannot be limited to opposite-sex married THE EU PLANS TO CREATE AN AREA OF FREEDOM, SECURITY AND JUSTICE couples in the modern European Union. Continue to make use of the EU’s harmonisation plans to promote the fundamental However, in April the Commission re-drafted rights of LGBT people, including working for: its proposals on free movement, removing almost all recognition of unmarried relation- ❙ The full recognition of the diversity of families, and of same-sex partnerships and those ships. ILGA-Europe is continuing to press involving a partner of transgendered status, in the draft Directive on the right of citi- for same-sex partnership recognition as zens of the Union and their family members to move and reside freely within the ter- this directive continues through the EU ritory of the Member States; institutions in the autumn of 2003. ❙ The explicit inclusion of persecution on the basis of sexual orientation or gender identity in the definition of refugee status to be included in the proposed Directive on Member organisations have been encour- the approximation of rules on the recognition and content of refugee status; and of aged to enter into dialogue with their gov- the full recognition of same-sex families. ernments, both through regular updates on developments and through briefings at Work similarly on other relevant Directives and Regulations in this field. Monitor imple- the Lisbon conference and the Network mentation at national level. meeting in Ghent.

1 Amended Proposal for a Directive of the European Parliament and the Council on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (COM (2003) 199). 2 The European Parliament Committee on Citizens’ Freedoms and Rights, Justice and Home Affairs. 3 Proposal for a Council Directive laying down minimum standards for the qualification and status of third country nationals and stateless persons as refugees or as persons who otherwise need international protection (COM (2001) 510).

1.5 Enlargement of the European Union

Previous lobbying and pressure exerted amended the clauses of the criminal code Europe wrote to Commissioner Günter by ILGA-Europe was effective in removing which discriminate on the basis of sexual Verheugen and to representatives of the discriminatory provisions in the penal codes orientation. Initial reports suggested that Bulgarian government, and we have mon- of several accession states, and it seemed all significant discriminatory elements had itored progress since then. The discrimi- that Bulgaria would be the last state to been eliminated. However, it became clear nation remains and we will continue to pur- pass the necessary amendments. On 16 that the discriminatory age of consent sue this matter with the relevant actors. September 2002 the Bulgarian parliament remains in place. On 7 January 2003, ILGA-

6 ILGA-Europe Activity Report 2002-2003 In January 2003, the Polish government, in wider, and would, if accepted, absolve the matter, spelling out clearly that the a response to pressure from the Catholic Poland from its obligations towards les- “moral order of the social life, family dig- Church, sought assurances from the EU bian, gay, bisexual and transgendered per- nity, marriage and education” must not be that “no EU treaties or annexes to those sons under the Framework Directive on challenged by international regulations. treaties would hamper the Polish govern- employment, under Article 21 of the EU ment in regulating moral issues”. The Charter of Fundamental Rights, and, in media saw this primarily as an issue respect of transgendered persons, under concerning abortion. ILGA-Europe, work- the Equal Treatment Directive. The EU ing with Polish member organisations, rejected the Polish government’s request. was able to demonstrate in a briefing to In April 2003, the lower house of the the European Commission that it went Polish parliament focussed once again on Work programme 2002/2003

1.5 ENLARGEMENT OF THE EUROPEAN UNION 1.5.1 Continue to use the EU accession process to exert pressure on applicant states still in the accession process (Bulgaria, Romania, Turkey) to take action against sexual ori- entation discrimination by: ❙ Facilitating further research into sexual orientation discrimination; ❙ Reporting the findings to the relevant EU institutions.

1.5.2 Seek also to ensure that the EU accession process takes account of gender identity discrimination, particularly around human rights violations against transgendered people. Campaign against homophobia, Poland (Photo: Karolina Bregula)

1.6 2003 Intergovernmental Conference (IGC)

In October 2002 ILGA-Europe continued to groups on Social Policy and Civil Dialogue. develop its plans concerning the Conven- The IGC starts on 4 October 2003 and tion and the IGC 2003 with a workshop at ILGA-Europe will continue its campaign to the Lisbon conference. fight for the inclusion of those points we have not been able to achieve. Our joint Since then, the Convention on the Future efforts bore fruit at the last moment, in the of Europe has concluded its work and final draft of the Constitution, where ILGA-Europe monitored the debate, lobby- “equality” was included as a value, “com- ing Convention members where appropri- bating discrimination” was included as an ate, and activated the EU Network at sev- objective, and a new horizontal clause was eral occasions. ILGA-Europe has also inserted in Part III on policies to fight dis- The Convention hands over the draft constitu- worked closely with the Anti-discrimination crimination (including, explicitly, sexual ori- tion to the Member States in July 2003 and Constitution working parties of the entation discrimination) in relation to defin- Social Platform, and its regular working ing and implementing the policies of the EU. However, the actual anti-discrimination article (III-5) still requires unanimity, which Work programme 2002/2003 will likely prevent any further anti-discrim- ination legislation on sexual orientation in 1.6 2003 INTERGOVERNMENTAL CONFERENCE (IGC) the EU of 25. Until the very last moment a 1.6.1 Continue to press for achievement of full equality for LGBT people and in partic- huge majority of Convention members sup- ular for the achievement of the objectives outlined in ILGA-Europe’s submission to the ported qualified majority voting for this Convention on the Future of Europe, including the incorporation of the Charter of Fun- article. The campaign around the IGC is of damental Rights into the provisions of the founding Treaties, the strengthening of the greatest importance in terms of retaining Charter’s provisions, and the strengthening of Article 13. In addition, seek a revision the gains we made in the final draft of the to the EU Treaty provisions on police and judicial co-operation to permit expressly Constitution and in lobbying to change the action to combat crimes motivated by discrimination based on sexual orientation or anti-discrimination article to majority vot- gender identity. ing. These developments are potentially of the greatest importance.

ILGA-Europe Activity Report 2002-2003 7 1.7 Human rights

EP annual report on human rights made a contribution directly to the rappor- Violations of lesbian, gay and bisexual in the EU teur who included our amendment on discri- rights in third countries minatory legislation and amended his own The report for 2001 (rapporteur Joke Swiebel) report according to one of our strongest Work on this project started in September was adopted on 15 January 2003; it included concerns. 2002, following the appointment of the recommendations on the recognition of Policy and Research officer at the beginning same-sex partnerships consistent with ILGA- of that month. A detailed project descrip- Europe’s demands. The report for 2002 (rap- EU Commissioner for External Relations tion was prepared by the P&R officer. Links porteur Fodé Sylla) was adopted on 4 with human rights NGOs, such as Amnesty September 2003; it included concerns The EU Commissioner for External Rela- International and Human Rights Watch, about discrimination based on sexual ori- tions, The Rt. Hon. Christopher Patten, was were strengthened through exchanges of entation and a call from the EP to the mem- contacted regarding police harassment in information and meetings. Throughout the ber states to recognise marriage/couple Ukraine (see 6.4 below for full details). In period of this report, ILGA-Europe has closely and adoption rights of gay and lesbian peo- response, Mr Patten welcomed our action monitored the developments in Egypt ple. In the case of both reports ILGA-Europe in bringing the matter to his attention and with regard to the persecution of gay men. made strong representations for the inclusion undertook to make further investigations. This is continuing. of our concerns; this included a contribution to the plenary debate in the Parliament on Work programme 2002/2003 24 April. 1.7 HUMAN RIGHTS 1.7.1 Human rights in the member states EP annual report on human rights Publicise violations of EU human rights standards, inter alia, by seeking to persuade in the world and European Union’s the European Parliament to refer to them in its annual human rights resolution, and human rights policy by persuading the Council to include them in its annual human rights report. 1.7.2 Human rights outside the EU The report for 2002 (rapporteur Bob van den Promote LGBT rights in countries outside the EU (“third countries”) by: Bos) was adopted on 4 September 2003; ❙ it included the disapproval of the Vatican’s Alerting the Presidency, European Parliament, and Commission to grave violations of statements to deny legal recognition to the rights of LGBT people, with a view to persuading these bodies to make represen- same-sex unions, the issue of the prose- tations to the government in question; ❙ cution of men in Egypt on the basis of their Researching and providing information on LGBT human rights violations to the Commission alleged homosexuality (“Queen Boat case”) and Presidency of the Council for use in bilateral trade and development negotiations; ❙ and a call from the EP to the EU and the Working with the Commission to implement EU human rights and democratisation member states to address and take con- strategies in third countries in regard to the rights of LGBT people; ❙ crete measures against countries with laws Working for the inclusion of specific reference to Article 13 discrimination in the human that discriminate on the grounds of sexual rights clauses of bilateral trade and co-operation agreements with third countries. orientation. In this report, ILGA-Europe 1.8 Other EU programmes Through our membership of the Social input on LGBT issues when appropriate. of other funding sources for our work and Platform, ILGA-Europe monitors develop- Regular monitoring, of databases and calls that of our members. ments in several other programmes, with for proposals, allows us to remain aware

Work programme 2002/2003

1.8 OTHER EU PROGRAMMES 1.8.1 Use the mechanism of the Social Inclusion process, and the related National Action Plans and Joint Reports on Social Inclusion, to promote the social inclusion of LGBT people.

1.8.2 Seek to influence the implementation of the European Social Agenda programme to maximise the opportunities for working for LGBT rights.

1.8.3 Participate in EU sponsored projects on the exchange of best practice, extent of discrimination, and methods used to combat discrimination, in such fields as employment, education and health care.

1.8.4 Investigate the possibility of funding through the EU external co-operation and support programmes.

1.8.5 Inform member organisations of relevant calls for proposals.

8 ILGA-Europe Activity Report 2002-2003 1.9 Civil and social dialogues

ILGA-Europe has continued its close involvement with the work of the Social Work programme 2002/2003 Platform, participating in the working 1.9 CIVIL AND SOCIAL DIALOGUES groups on Enlargement, Social Policy, and 1.9.1 Promote LGBT rights in the civil dialogue by participating in consultations on Civil Dialogue, and a sub-working group development of social policy, especially through the Platform of Social NGOs, and by on Anti-discrimination, and contributing to working with other European level NGO networks in fields such as human rights and a variety of Platform documents and posi- immigration. tion papers. The campaign for the strengthening of the Charter of Funda- 1.9.2 Working with the ETUC, and the European employers’ organisations (UNICE/- mental Rights, and for its implementation CEEP), encourage employers and unions to promote non-discrimination, for example, as a legally binding charter, became incor- through a code of practice on implementing the employment discrimination directives. porated within the work around the Convention on the Future of Europe. Preliminary Draft Constitution, and parti- porate Social Responsibility organised by ILGA-Europe contributed to the Social cipated in the biannual meetings with the the Danish EU Presidency in Helsingør on Platform’s responses to the Convention’s Commission, and the conference on Cor- 21-22 November. We contributed to further drafting of responses to detailed proposals for the Constitution throughout the life of the Convention, as explained above.

ILGA-Europe’s exchanges with the ETUC on the question of the implementation of the Employment Directive are described in paragraph 1.1 above. Links have been made with the European Centre of Enter- prises with Public Participation and of Enterprises of General Economic Interest (CEEP) and the European Union of Crafts- men and of Small and Medium Enterprises (UEAPME), and co-operation through the Commission’s information campaign has led to improved understanding.

Anti-discrimination NGOs demonstrate for their rights at the Convention meeting in June (Photo: EDF)

1.10 Mainstreaming of LGBT issues

Throughout the year the presence of a fully- surely, equality for LGBT people is being Copenhagen on 20-21 December. We were staffed office in Brussels has ensured that included at an early stage in more and disappointed to be ignored by the Greek our concerns have been heard by a wider more proposals and documents. EU Presidency in the first half of 2003, but audience than ever before. Through our were slightly consoled that they seemed various networks and through contacts ILGA-Europe participated again in the Euro- reluctant to engage in the social debate at with the EU institutions we ensure that our pean Union Human Rights Discussion Forum, all, so it was not just LGBT issues being message cannot be ignored. Slowly but organised by the Danish EU Presidency in ignored. The Italian Presidency started well for us, with a high-level meeting with the Work programme 2002/2003 Ministry for Equal Opportunities in Rome in May. Subsequent contacts have been 1.10 MAINSTREAMING OF LGBT ISSUES less encouraging, and we had to fight to Engage in dialogue with the Presidency and the Commission so that systematic con- get sexual orientation mentioned at their sideration is given to ensuring equality for LGBT people in all Community policies, at conference on fighting discrimination in the point of planning, implementing and evaluation. in July.

ILGA-Europe Activity Report 2002-2003 9 2. COUNCIL OF EUROPE 4 2.1 The European Convention on Human Rights

European Convention on Human Rights tification”. The Austrian government’s jus- authorised as it highlights the general tification for the eviction of Mr Karner was importance of the issue. ...In these partic- The period since the Lisbon conference “protection of the family in the traditional ular circumstances, the Court finds that has seen further substantial progress for sense”. The Court said that this abstract respect for human rights as defined in the LGBT rights with three major rulings in aim is legitimate but that the concrete Convention (...) requires a continuation of relation to recognition of same-sex part- measures used to implement it must be the examination of the case...” The Austri- ners, the age of consent for gay men and “necessary” where there is a difference in an judge disagreed, making the vote for the recovery of gender reassignment costs treatment based on sexual orientation. finding a violation of the Convention tech- under health insurance plans. The Austrian government had failed to nically 6 to 1, but he would have joined the provide “convincing and weighty reasons” majority (consisting of judges from Bul- Tenancy succession rights for same-sex showing “that it was necessary to exclude garia, Croatia, Denmark, Greece, Italy and partners (Karner v. Austria) persons living in a homosexual relationship Malta) had Mr Karner been alive. from the scope of application of Section 14 This case arose because a landlord evicted of the Rent Act [protecting “life compan- The age of consent (L. and V. v. Austria, a surviving same-sex partner after the death ions”] in order to achieve that aim [pro- S. L. v. Austria) of his partner, the official tenant. Austrian tection of the family in the traditional rent-control legislation provided protec- sense]”. In two judgments covering three separate tion from such evictions to a “life compan- cases the Court found unanimously that ion”, but the Austrian Supreme Court held Professor Robert Wintemute, our legal Article 209 of Austria’s criminal code, which that the Austrian parliament had intended adviser on Council of Europe questions, set an age of consent of 18 for male-to- this to apply only to unmarried different- submitted written comments (an amicus male relations compared to 14 for het- sex partners. curiæ brief) to the Court on behalf of ILGA- erosexual and female-to-female relations, Europe, Stonewall (UK), and Liberty (the was in violation of the European Conven- tion. The Court found that the Austrian Work programme 2002/2003 government had not offered any convincing and weighty reasons for maintaining 2.1 THE EUROPEAN CONVENTION ON HUMAN RIGHTS discrimination. 2.1.1 Promote the effective use of the European Convention in support of LGBT rights by inter alia encouraging and supporting individuals and organisations to take suitable The outcome of the cases was similar to test cases. that of Sutherland v. UK in 1997. However 2.1.2 Seek to develop co-operation with other organisations to campaign for Council of this latter case never reached the full Europe member states to ratify Protocol 12 to the Convention. Court, being settled between the parties following a hearing before the European Commission on Human Rights, an admin- The Court found that the ruling of the Aus- UK’s main civil liberties NGO). This was istrative body which, under procedures trian Supreme Court amounted to sexual cited by the Court both in relation abandoned in 1998, gave preliminary advi- orientation discrimination violating Article to Article 14 and in connection with an sory rulings in cases. These did not carry 14 (non-discrimination) together with important procedural issue. Siegmund the weight of judgments by the Court, Article 8 (respect for home). This is the Karner had died in 2000, leaving no heirs making it easier for governments practising first victory under an international human who wished to pursue his application. The similar discrimination to ignore them. rights treaty by same-sex partners. The Court had to decide whether to hear the Court’s judgment makes it clear that case. It concluded that “the subject matter Accordingly, one of the important conse- whenever governments in the forty-five of the present application – the difference quences of the Austrian cases is that other countries of the Council of Europe grant in treatment of homosexuals as regards governments which still discriminate in the rights or benefits to different-sex cohabit- succession to tenancies under Austrian age of consent (Albania, Bulgaria, Greece, ing partners, they must grant the same law – involves an important question of Ireland, Portugal, Serbia, and the UK terri- rights or benefits to same-sex cohabiting general interest not only for Austria but tories of the Channel Islands, Isle of Man partners. also for other Member States of the Con- and Gibraltar) can no longer argue that vention. In this respect the Court refers to such discrimination is not a clear violation The Court ruled that “differences [in treat- the submissions made by ILGA-Europe, of the Convention. ILGA-Europe is in the ment] based on sexual orientation require Liberty and Stonewall, whose intervention process of using these Court judgments to particularly serious reasons by way of jus- in the proceedings as third parties was put pressure on these governments. So far

4 The commentaries on the Karner and van Kück cases draw heavily on material prepared by Professor Robert Wintemute, School of Law, King’s College, London.

10 ILGA-Europe Activity Report 2002-2003 actions include letters to the Albanian insurance company as not requiring reim- ment to reimbursement as such, but the government, and parliamentary questions bursement of the cost of the hormones, impact of the court decisions on the appli- to the UK government, tabled with the surgery and other medical treatment cant’s right to respect for her sexual self- help of Stonewall. required for her gender reassignment. determination...”

The recovery of gender reassignment The right to a fair hearing was violated The majority did not decide that the costs under health insurance plans because the German courts failed to obtain Convention requires reimbursement of the (van Kück v. Germany) sufficient expert advice on whether the cost of gender reassignment. What it gender reassignment was medically nec- decided is that, where a public or private In this case the Court made some important essary, and to support the view taken by health insurance plan reimburses the cost statements about gender identity being a the courts that the applicant had deliber- of “medically necessary” treatment, the fundamental aspect of an individual’s private ately caused her transsexuality. plan must cover the cost of gender reas- life under Article 8 of the Convention. signment even if the usual strict criteria With regard to respect for private life, the for determining “medical necessity” do The Court held by 4 votes to 3 that German majority held that “[T]he facts complained not appear to be satisfied. These criteria courts violated Articles 6 (right to a fair of (...) had repercussions (...) on a funda- must be relaxed in order to respect the hearing) and 8 (respect for private life) of mental aspect of [the applicant’s] right to transsexual individual’s self-determination the European Convention on Human Rights, respect for private life, namely her right to of their gender identity, and to take into by interpreting a health insurance contract gender identity and personal develop- account the lack of scientific certainty in between a transsexual woman and a private ment. ...[W]hat matters is not the entitle- this area.

2.2 The Parliamentary Assembly

Applicants for membership of the Council pean country criminalising relationships of the Secretariat of the Committee. Fol- of Europe are required to demonstrate to between people of the same sex has been lowing these discussions, ILGA-Europe the satisfaction of the Parliamentary Assem- eliminated. Thus, for the first time in many submitted recommendations to Ms Sev- bly that their observance of human rights centuries, and probably since the enact- erinsen for inclusion in her next report on is at least consistent with the minimum ment of Byzantine Emperor Justinian’s legal Ukraine for the Parliamentary Assembly. standards set by the Council of Europe, or code in the 6th Century AD, there is no The report, which is to be debated and required to give binding undertakings that part of Europe where lesbians, gays and voted on at the September session of the they will meet the standard within a short bisexuals face the threat of criminal pros- Assembly, includes the following draft rec- period following accession. ecution simply because of their love for a ommendation: “iii. to investigate allega- person of the same sex. tions of police harassment of the lesbian Armenia gained membership in 2001, and gay community and to take disciplinary having given undertakings (following In late 2002 Nash Mir, a member organisa- action as appropriate. The police should representations by ILGA-Europe to the Par- tion of ILGA-Europe in Ukraine, brought to be made aware of the need to respect the liamentary Assembly) that it would repeal our attention a case of police harassment rights of lesbian, gay, bisexual and trans- its ban on same-sex relations between men. of the lesbian, gay and bisexual communi- gendered persons, inter alia through the After much delay, a new criminal code was ty involving some 150 people in the city of inclusion of relevant material in police only approved by the National Assembly Dnepropetrovsk. ILGA-Europe raised the training courses and manuals.” In last year’s on 18 April 2003, and ratified by the Presi- matter with one of the Monitoring Com- report we described our work to persuade dent on 30 April. With its entry into force mittee rapporteurs for Ukraine, Ms Hanne the Parliamentary Assembly to make on 1 August 2003, the last law in any Euro- Severinsen (Denmark), and with members repeal of discriminatory age of consent laws a condition of Serbia and Montenegro’s accession to the Council of Europe. The Work programme 2002/2003 vote on this proposal took place just after the report had gone to press, in Sep- 2.2 THE PARLIAMENTARY ASSEMBLY tember 2002. Disappointingly, the Assembly 2.2.1 Work with the rapporteurs of the Monitoring Committee to ensure that Armenia did not support the proposal, possibly complies with its obligation to repeal the law that criminalises same-sex acts between because it was introduced at too late a stage men and releases any people still imprisoned under this law. in the process of Serbia and Montenegro’s accession.

ILGA-Europe Activity Report 2002-2003 11 2.3 The Committee of Ministers

The Committee of Ministers had called for Work programme 2002/2003 a wide debate within the Council of Europe on how the institutions of the Follow up the responses of the Committee of Ministers to the Recommendations of the Council of Europe could work to counter Parliamentary Assembly on the Asylum/Migration and Discrimination issues, and con- sexual orientation discrimination. ILGA- tribute to the implementation of any actions proposed by the Committee of Ministers. Europe held discussions with staff at the European Commission on Racism and Intolerance and at the Human Rights in which these organisations could work number of ideas, but to no immediate Directorate’s Police and Human Rights on sexual orientation discrimination. The actions. Programme with a view to exploring ways discussions led to the generation of a

2.4 Commissioner on Human Rights

During the period ILGA-Europe opened a dialogue with the office of the Commis- Work programme 2002/2003 sioner for Human Rights to explore areas Review the powers and role of the Commissioner on Human Rights, and explore scope of co-operation. The Commissioner pre- for promoting LGBT human rights through this position. pares regular reports on the human rights situation in individual member states. ILGA-Europe agreed to encourage member human rights violations for inclusion in organisations to provide evidence of the reports.

2.5 Monitoring and reporting human rights violations by member states

See paragraphs 2.2 and 2.4. Work programme 2002/2003

Monitor the continuing compliance of member states with the human rights policies of the Council of Europe, and take up cases of non-compliance with the relevant authorities.

2.6 Participation in NGO meetings at Council of Europe

NGOs with consultative status are entitled quarterly meetings of the Assembly. These ILGA-Europe’s delegates participated in to take part in regular meetings address- provide a valuable opportunity to keep up- the January and April meetings. ing issues such as human rights, gender to-date with developments at the Council equality, etc. which take place duringtheof Europe and to network with other NGOs.

2.7 Future activities at the Council of Europe

All too often in recent years the level of our appointment of a director for East Europe, ILGA-Europe to promote LGBT human activities at the Council of Europe has Council of Europe and transgender pro- rights to full effect at the Council of been constrained by lack of resource. As grammes, made possible by core funding Europe. described in 6.4 below, the planned from the Sigrid Rausing Trust, will enable

12 ILGA-Europe Activity Report 2002-2003 3. ORGANIZATION FOR SECURITY AND CO-OPERATION IN EUROPE

On the occasion of the annual winter Meeting, a project that unfortunately did also addressed the case of Uzbek human meeting of the Parliamentary Assembly of not materialise although the Netherlands rights activist Ruslan Sharipov, who was the OSCE in Vienna in February 2003, ILGA- have been holding the OSCE Presidency in sentenced, on 13 August 2003, to a five- Europe met again with Svend Robinson and 2003. and-a-half year prison term on accusa- Ulrike Lunacek, two members of the tions – most likely fabricated – of homo- Assembly from Canada and Austria inter- Co-chair Kurt Krickler also participated in sexual acts and sexual contacts with ested in LGBT rights, to discuss how this the “OSCE Conference on Racism, Xeno- minors. ILGA-Europe urged the Uzbek issue could be addressed in this forum. phobia, and Discrimination” in Vienna on authorities to conduct a prompt and 4-5 September where he made an oral impartial investigation into the allegations ILGA-Europe provided also background statement in one of the sessions. A written that Sharipov was forced to confess to the information on LGBT rights and issues to a statement of ILGA-Europe was distributed charges and to allow a fair re-trial that member of the ODHIR’s human rights to delegates and participants. In its inter- meets international standards. We also department who was investigating the vention, ILGA-Europe questioned the role called upon Uzbekistan and Turkmenistan, possibility of organising a side event on the Vatican is allowed to play in interna- the only two OSCE member states that still sexual orientation discrimination at the tional organisations such as the OSCE, prohibit homosexuality, to repeal the rele- 2003 Human Dimension Implementation where it is one of 55 member states. We vant criminal code provisions.

ILGA-Europe intends to participate in part Work programme 2002/2003 of the 2003 Human Dimension Implemen- tation Meeting to be held in Warsaw 6-17 3. ORGANIZATION FOR SECURITY AND CO-OPERATION IN EUROPE October, i. e. on 7 and 8 October when 3.1 Prepare submissions for and participate in the Review Conferences and the rel- fundamental freedoms and tolerance and evant meetings of the Office for Democratic Institutions and Human Rights (ODIHR), non-discrimination will be on the agenda. especially the Implementation Meetings of the Human Dimension. We will prepare both written and oral 3.2 Establish contacts with the Parliamentary Assembly of the OSCE. statements to this meeting.

4. ACTIONS TO COUNTER HUMAN RIGHTS ABUSES AGAINST LGBT AND HIV-POSITIVE PEOPLE IN EUROPE (other than through the mechanisms set out in sections 1 to 3 above)

There have not been any specific activities in this area, other than those reported in Work programme 2002/2003 1.5, 1.7, 1.8, and 2. above. 4. ACTIONS TO COUNTER HUMAN RIGHTS ABUSES AGAINST LGBT AND HIV-POSITIVE PEOPLE IN EUROPE (other than through the mechanisms set out in sections 1 to 3 above) 4.1 Monitor human rights abuses based on sexual orientation, gender identity and HIV status in Europe.

4.2 Mobilise international support for victims of such abuses by organising support campaigns by ILGA-Europe’s members, and by other international NGOs such as Amnesty International, Human Rights Watch, and the International Gay and Lesbian Human Rights Commission.

ILGA-Europe Activity Report 2002-2003 13 5. ACTIONS TO COUNTER HUMAN RIGHTS ABUSES AGAINST LGBT AND HIV-POSITIVE PEOPLE OUTSIDE EUROPE (other than through the mechanisms set out in sections 1 to 4 above) There have not been any specific activities in this area, other than those reported in Work programme 2002/2003 1.5, 1.7, 1.8, and 2. above. Respond to calls for action, particularly from ILGA, Amnesty International and the International Gay and Lesbian Human Rights Commission, and encourage member organisations to do likewise.

6. PROGRAMME OF ACTIVITIES IN SUPPORT OF LGBT HUMAN RIGHTS ORGANISATIONS IN CENTRAL AND EASTERN EUROPE AND IN THE MEDITERRANEAN AREA (other than through the mechanisms set out in sections 1 to 4 above) ILGA-Europe’s work in this area has to date been dependent on volunteer effort. Work programme 2002/2003 Inevitably it has been far less than the board would have wished, and far from 6. PROGRAMME OF ACTIVITIES IN SUPPORT OF LGBT HUMAN RIGHTS meeting the needs of LGBT communities in ORGANISATIONS IN CENTRAL AND EASTERN EUROPE AND IN THE MEDITER- Central, Eastern and South Eastern RANEAN AREA (other than through the mechanisms set out in sections 1 to 4 Europe. above) 6.1 Encourage co-operation and mutual support between member organisations in In March of this year we applied to the UK- Central and Eastern Europe and in the Mediterranean area and between those organi- based Sigrid Rausing Trust for core fund- sations and members in Western Europe. ing to allow us to develop three main 6.2 Find means of providing support and technical advice to assist in the development of areas of activity for which our resourcing LGBT human rights organisations in Central and Eastern Europe and in the was inadequate: East Europe, Council of Mediterranean area, in such areas as lobbying skills, funding, organisational develop- Europe and transgender issues. We were ment, combating discrimination and mobilising international pressure in respect of delighted when in June the trustees made particular human rights violations. an initial grant to ILGA-Europe of £120,000. The development will take place in two 6.3 Consider developing proposals for joint projects in the LGBT field under the main phases: first, the appointment of a PHARE/TACIS/ACCESS programmes. director who will be responsible for activity 6.4 Seek to increase number of member organisations in Central and Eastern Europe in all three areas. This position was adver- and the Mediterranean Area and facilitate their participation in the work of ILGA- tised in July 2003, and it is planned to make Europe, including subsidising participation in ILGA-Europe events. the appointment towards the end of the year. The second phase involves setting up a small office in East Europe (consisting of 3 Example of technical support – a case preparation of a report documenting the staff), with the purpose of supporting the of police harassment in Ukraine harassment. This provided evidence of development of the LGBT movement. The numerous unacceptable practices, such as plan is to establish the office in the spring In late 2002 Nash Mir, a member organisa- verbal and physical harassment, extor- or early summer of 2004. tion of ILGA-Europe in Ukraine, brought to tion, violations of due process, and the our attention a case of police harassment existence of a photograph album identify- The East Europe office will be responsible of the lesbian, gay and bisexual community ing people living in the town who were for supporting the development of the LGBT in July 2002 in the city of Dnepropetrovsk identified by the police as lesbian, gay or movement in all East and South East Euro- following the murder of a man believed to bisexual. ILGA-Europe took up this case pean countries (except the 10 new EU mem- be gay. Approximately 150 individuals with the Ukrainian Minister of the Interior, ber states). It will do so by concentrating were reported to have been interrogated, with the EU Commission for External on the development of LGBT organisations generally without any particular grounds, Relations (see 1.7 above), and with the through training and exchange of best and on the basis solely of their presumed Monitoring Committee of the Parliamen- practice, in close co-operation with other sexual orientation as lesbian, gay or bisex- tary Assembly of the Council of Europe organisations working in the field. ual. ILGA-Europe advised Nash Mir on the (see 2.2 above). 14 ILGA-Europe Activity Report 2002-2003 7. HIV/AIDS Work programme 2002/2003 7. HIV/AIDS Due to resource constraints and priority 7.1 Co-operate with the Gay European Network for HIV Prevention, and encourage setting, activity in this area was confined ILGA-Europe members to co-operate in AIDS prevention projects within this network, to a single meeting with the Gay European including when seeking funding from the EU and other institutions. Network for HIV Prevention. 7.2 Co-operate with other international NGOs working in AIDS prevention, e.g. the of AIDS Service Organisations and the Global Network of People Living with HIV/AIDS.

7.3 Participate in campaigning initiatives to promote access to treatment.

8. DEVELOPMENT OF ILGA-EUROPE 8.1 Organisational development and funding

During the period four editions of the Work programme 2002/2003 Newsletter were published. They included articles covering, among other things, 8.1 ORGANISATIONAL DEVELOPMENT AND FUNDING ILGA-Europe’s campaigns on the employ- 8.1.1 Ensure transparency and members’ involvement, through regular and prompt ment, free movement, refugee definition consultations with and information to members (e. g. electronic mailing, newsletter, and asylum directives; the Convention on meetings,...), and consider the members when making decisions. the Future of Europe; updates on the 8.1.2 Develop stable funding, particularly with regard to the co-finance needed enlargement of the Union; regular news to supplement the European Commission’s core funding, and to finance activities not from the European Parliament Intergroup covered by this core funding. on Gay and Lesbian Rights and from the Social Platform; the Act4Europe Cam- 8.1.3 Develop a communications and media strategy to ensure the fully effective com- paign; initiatives in relation to the perse- munication of ILGA-Europe’s policies and work both within the LGBT community and cution of homosexuals in Egypt and to dis- outside, and, within the LGBT community, of the European Community’s policies and criminatory laws in European states; news actions relevant for combating discrimination. of developments in the capacity and man- agement of ILGA-Europe; and profiles of three NGOs with whom we work closely: addresses the problems of LBT Muslim trades unions; and issues facing minorities the European Disability Forum, the Comité women in the UK) took part in two work- within LGBT communities. A survey of par- européen des associations d’intérêt shops at the Lisbon conference. Member ticipants at the end of the conference gave général, and the European Women’s Lobby. organisations working in other countries generally good performance ratings, iden- in this field also contributed. These discus- tified areas for improvement at the confer- During the year nine editions of the Euro- sions provided an opportunity for a general ence in 2003, and gave valuable feedback Letter were published, and this invaluable exchange of ideas on how LGBT Muslim on preferred subjects and participation news service is now available in five lan- communities can be supported at the styles. guages. The website continued to be up- European level, and were an important stage dated with information about ILGA-Europe’s in the feasibility study. The study outline The support of major funders, such as the work programme. Its development as a was accepted by the board at the end of Sigrid Rausing Trust (see section 6 above), resource for best practice in fighting discri- November, and work has begun on the has enabled the scope of our work to mination was enhanced by the approval by implementation of the proposal. An evalua- increase and deepen, but this brings a need the board in November of proposals to tion is planned for a pre-conference seminar for further fundraising. The management develop a discrimination information centre. in Glasgow in October 2003. team are looking at ways of establishing a Work on this facility continues. dependable income stream, to reduce The annual conference took place as planned reliance on “project” funding approaches This Annual Activity Report was published in Lisbon in October 2002. It was attended and to raise more funds from our con- as planned. by 133 delegates, from 32 countries, who stituents. participated in a range of workshops and ILGA-Europe is investigating its capacity- plenary sessions. These addressed issues A benchmarking survey of our communi- building role through a pilot project which from the work programme, including cations was initiated in September 2003; aims to provide support to LGBT Muslim implementation of the Framework Directive; this will provide a sound knowledge base groups. A representative from Al-Fatiha UK other legislative developments; LGBT organ- for the development of an integrated com- and another from the Safra Project (which ising and capacity-building; working with munication strategy. ILGA-Europe Activity Report 2002-2003 15 8.2 Enhanced involvement of, and work for, transgendered persons

Apart from granting specific scholarships to transgender activists to attend the Work programme 2002/2003 Glasgow conference, no work was done to 8.2 ENHANCED INVOLVEMENT OF, AND WORK FOR, TRANSGENDERED PERSONS increase ILGA-Europe’s transgendered 8.2.1 Actively seek to increase ILGA-Europe’s transgendered membership. membership. 8.2.2 Work to increase ILGA-Europe’s visibility as a transgender lobby NGO at European level. The re-establishment of a formal Trans- gender Issues working group in May 2003 was the beginning of a more co-ordinated be brought on-line), and will work with the gender directive (see section 1.2.2 above), activity of the board in this field. The working board to explore a potential capacity- and will develop the plan for future work group has finalised ILGA-Europe’s principle building project in the next Commission under the Sigrid Rausing Trust funding, position on gender identity discrimination funding period. The working group will which enables some staff time for trans- (definitions and demands), has developed give regular updates in the Newsletter, will gender work. the webpage section in this area (soon to start lobbying activities on the proposed

8.3 The rights of bisexuals

The paper on bisexuality which was commis- sioned during the previous year was consid- Work programme 2002/2003 ered by the board in October, and a version for Board resolution was circulated in May. 8.3 THE RIGHTS OF BISEXUALS Its recommendations have been evaluated Establish what practical steps can be taken at European level to promote the rights of and implemented in most of our internal bisexual people, beyond those issues already being addressed by work to eliminate sexual work, and we will continue to implement orientation discrimination, and work on their implementation. them across all of ILGA-Europe’s activities. One of the main benefits of this study was among ourselves biphobia, monosexuality, when relevant, into our texts and “proof to raise awareness of the complexity that non-identities and more queer attitudes, and read” our texts better to make sure bisex- bisexual issues add to sexual orientation the importance of inclusive language. In uality is there in its own right. Further we work and the need for special consideration Glasgow we will have a workshop on bisex- have decided to add bisexuality texts on of future work in this field. We have discussed uality. We have also decided to add biphobia, the website and proof read our webpages.

8.4 Documentation and research

This work is on-going, but the contribu- tions by the Policy & Research officer have Work programme 2002/2003 given us an excellent start to the database 8.4 DOCUMENTATION AND RESEARCH project. Future work will consolidate this 8.4.1 Develop and maintain a country-by-country inventory of discrimination laws and start, and include records of successful practices; monitor developments and keep up-to-date; develop information resource legal challenges to discrimination. on best practice in combating discrimination.

8.4.2 Produce reports and provide information to European institutions, the , and to other organisations as appropriate.

9. MEDIA COVERAGE

An important part of ILGA-Europe’s work is the year we gave a number of interviews Portuguese channels covering the Lisbon to raise the public awareness of LGBT to the news media; these included interviews conference. Press releases and radio inter- issues. One means of doing this is through with Euronews (Europe), ORF (Austria), views added to our public profile in many press and other media coverage. During GayTV (Italy), Antena 3 (Spain), and several European countries.

16 ILGA-Europe Activity Report 2002-2003 10. FINANCIAL REPORT 2002

Overview ILGA-Europe 2002 saw ILGA-Europe’s levels of income Income and Expenditure Account for 2002 and expenditure grow substantially for the second year running. Total expenditure was EXPENDITURE Euros €382,262, compared to €196,507 in 2001, and €8,506 in 2000. The increase EU CO-FUNDED ACTIVITIES between 2001 and 2002 was due to two main factors: first, staff levels rose, with SECRETARIAT COSTS the appointment of the executive director Staff costs 145,526 and Policy and Research officer taking the Office costs 49,920 195,446 total ILGA-Europe staff to four. This increase was of course made possible by GOVERNING BODIES the financial support of the European Board meetings 12,111 Community. The second factor was the Annual Conference 66,017 78,128 inclusion in ILGA-Europe’s accounts of the total cost of the annual conference. In pre- WORK PROGRAMME ACTIVITIES vious years conference costs were Policy work and reports 7,872 accounted for by the host organisation. Information dissemination 25,054 Network meeting8,463 41,389 Income totalled €401,114, of which ap- proximately three-quarters consisted of OTHER COSTS European Community financing. Other Travel (other than board meetings, conference, Network) 21,089 donors included the Ruben and Elizabeth Financial and legal advice, and bank charges 6,444 27,533 Rausing Trust, Homosexuelle Selbsthilfe (Germany), the Stonewall Group (UK), the TOTAL OF EU CO-FUNDED EXPENDITURE 342,496 Gay Community Organisation Distribution Service (UK), the Open Society Institute, OTHER EXPENDITURE the Heinrich Böll Foundation (Germany), Travel (EE Board members, Council of Europe) 5,416 COC-Haaglanden (Netherlands) and Pink Conference costs (scholars and others) 31,749 Cross (Switzerland). Other costs 2,602 39,767

Of the resulting surplus of €18,852, the TOTAL EXPENDITURE 382,262 board proposes to commit €10,000 to a separate fund for developing ILGA- FINANCING Europe’s activities in East Europe, leaving European Commission grant 303,247 a transfer to general reserves of €8,852. Conference scholarship grants 17,233 The transfer to the East Europe develop- Participants’ contributions to Annual Conference 38,709 ment fund is subject to the agreement of Other grants and donations 40,829 the conference. Interest 1,096

TOTAL FINANCING 401,114 Comparison to budget Transfer to East Europe development fund 10,000 The indicative budget for 2002 approved Balance transferred to general reserves 8,852 at the 2001 Rotterdam conference proposed € expenditure of 407,172. In the event, Notice: The reports and audited accounts presented here are in summary form. The full € total expenditure amounted to 382,262, versions, including the report of the auditor, are available at www.ilga-europe.org. or 94% of the budgeted figure. Total EU co-funded expenditure, at €342,496 was 88% of budget. By contrast, the total for estimates for the costs of conference par- Europe and transgender scholarships, and non-EU expenditure, at €39,767, was sig- ticipants not eligible for support under the delegates from other non-EU countries. nificantly above the budgeted figure of EU grant agreement. Such participants €17,248. The main reason for this vari- included delegates funded under the EU ance is that the budget did not include ACCESS programme, and those on East Nigel Warner, treasurer – 1 July 2003

ILGA-Europe Activity Report 2002-2003 17 11. Calendar of meetings & events attended in 2002/2003 5

October 2002 12-14: Social Platform study March 24-26: Meeting “Equal visit to Polish NGOs, Sexualities at work” 23-27: ILGA-Europe Annual Warsaw 3-4: Audit at the European (transnational projects), Conference, Lisbon Commission, Brussels Amsterdam 16: Meeting with Yoesuf 27: ILGA-Europe Board Foundation (Muslim LGBT 19-20: Conference “Mid Term 27: Meeting of ILGA-Europe’s meeting, Lisbon capacity-building project), Review of the Social Policy Transgender Issues working Antwerp Agenda: Achievements and group, Brussels Perspectives”, Brussels November 18: Meeting with Safra Project (Muslim LGBT capacity- 21: Social Platform general May 14-15: Danish EU Presidency building project), London assembly, Brussels conference on Non- 1: Meeting with Stonewall- discrimination, 20-21: 4th European Union 27-30: Conference “Beyond Scotland in preparation Copenhagen Human Rights Discussion Homophobia”, Timi oara of ILGA-Europe’s 2003 Forum, Copenhagen Annual Conference, London 21: Meeting of the European 29: German member Parliament’s Intergroup organisation LSVD 2: Participation in Brussels on Gay and Lesbian Rights, January 2003 general assembly, Cologne Gay Pride debate on LGBT Strasbourg rights in accession states, 21: Meeting with Stonewall- 31-4 April: Meetings at Brussels 21-22: Danish EU Presidency Scotland in preparation Council of Europe during conference “Mainstreaming of the 2003 Annual session of the Parliamentary 6: European Parliament: “PES Corporate Social Responsi- Conference, London Assembly, Strasbourg Group in Dialogue with Civil bility Across Europe”, Society – Europe’s Future Helsingør 26: European Year of People Constitution”, Brussels with Disabilities opening April 24: Danish member organisa- ceremony, Athens 8: Meeting with a coalition tion LBL general assembly, 3: Meeting with Inter LGBT, of European Parliament Copenhagen 27-29: Meetings at Council Paris Intergroups on Anti- of Europe during session discrimination and the 29-1 Dec: ILGA-Europe Board of the Parliamentary 5-6: 3rd ILGA-Europe’s EU Convention, Strasbourg meeting, Brussels Assembly, Strasbourg Co-ordination Network meeting, Ghent 16-17: International conference „Herausforderung Vielfalt“, December February 8: Meeting with the Dutch Bad Segeberg Ministry of Health, 2: Social Platform Steering 12: Meeting of the European Amsterdam 21: European Parliament: Group meeting, Brussels Parliament’s Intergroup Press conference on on Gay and Lesbian Rights, 9: Meeting with the European Anti-discrimination 2-3: Interviews with candidates Strasbourg Parliament’s Intergroup and the Convention, Brussels for new staff position on Gay and Lesbian Rights, (Public Affairs officer), 15-16: ILGA-Europe Board Strasbourg 24: Belgian member Brussels meeting, Brussels organisation FAGL 24: Speech at public hearing general assembly, Brussels 3-4: Conference in the Swedish 24: Social Platform Steering in the European Parliament parliament: “LGBT in the Group meeting, Brussels on “Fundamental rights in 27: Meeting with representa- World”, Stockholm the EU in 2002”, Brussels tives of the forthcoming 25: Biannual meeting Italian EU Presidency, Rome between European Commission and Social Platform, Brussels

5 In this section we cannot list each single meeting a staff or board member attended. Therefore, we only include meetings in Brussels to which board members travelled from abroad and those of special relevance attended by staff members (in most cases not mentioned elsewhere in this report). Regular routine meetings of Social Platform working groups etc. in Brussels, which staff mem- bers attended, are not listed. However, meetings outside Brussels in which staff members participated are included.

18 ILGA-Europe Activity Report 2002-2003 29-31: Conference “Violence 26: Diversity conference, September 29-1 Oct: Social Platform against Lesbians: Violence Frankfurt/Main study visit and meeting in Lesbian Relationships”, 3: Meeting of the EP’s Inter- on Irish Presidency, Dublin 2nd European Symposium, 27: Speech at Gay Pride group on Gay and Lesbian Frankfurt/Main Festivities, Zagreb Rights, Strasbourg 30-1 Oct: Meetings at Council of Europe during session 31-2 June: ILGA-Europe Board 4-5: OSCE conference on of the Parliamentary Meeting, Brussels July “Racism, Xenophobia, and Assembly, Strasbourg Discrimination”, Vienna October 5: Speech at Christopher June Street Day, Cologne 10: Meeting with NICEM 7: Article 13 diversity forum, (transnational) project Brussels 5: Conference at Italian Gay 8: European Parliament public team, Brussels Pride, Bari hearing on the implementa- 7-8: OSCE Human Dimension tion of the Race Directive, 13-14: ILGA-Europe Board Implementation Meeting, 12: Information evening Brussels meeting, Brussels Warsaw with European Commission stagiaires’ group 21-22: Italian EU Presidency 19-20: Social Platform study 10: NICEM round table QueerStagiaires, Brussels conference “Fighting Dis- visit, Prague conference with European crimination: from Theory to NGOs, Brussels 13: Mini-conference on the Practice”, Milan 20-21: Interviews with role of European NGOs in candidates for new staff 11-12: Conference on combating discrimination, 26: Belfast Gay Pride opening position (director for East “Rainbow Families”, Berlin speech, Belfast Europe, Council of Europe and transgender pro- 14: ILGA-Europe Board 17: Conference “Time to act 27: Meeting of ILGA-Europe’s grammes), Brussels meeting, Glasgow for Europe! – Civil Society’s Transgender Issues working next steps after the Con- group, Brussels 25-26: Conference on 15: Ilga-Europe’s Muslim LGBT vention” (Civil Society “Same-sex Couples, pre-seminar, Glasgow Contact Group), Brussels Same-sex Partnerships August and Homosexual 15: ILGA-Europe EU Co-ordi- 23-24: EU Commission Marriages”, Stockholm nation Network meeting, conference on “Civil 22: Europride, workshop par- Glasgow Dialogue in an enlarged ticipation, Manchester 26: Conference “Lesbians, Europe”, Budapest Gay Men and Bisexuals in 16-19: ILGA-Europe’s Annual Working Life”, Stockholm Conference, Glasgow

SPECIAL THANKS

At the time of going to press, it was clear chair and board member in countless approach to our work, improving the that there would be contested elections meetings and conferences. His sharp eye board’s grasp of queer theory, while initi- for the seats on the ILGA-Europe executive for detail has helped to maintain the high ating several practical activities, notably in board. It is not possible to predict the out- standard of publications for which we are our work on transgender issues. In thank- come of those elections, but we can be known, and his linguistic skills have been ing Nico and Kurt for their valuable input sure that we are losing the services of two invaluable. Nico has brought an academic over the years, and in wishing them well board members, Kurt Krickler and Nico for the future, we hope that they will con- Beger. Both will be missed, not just for tinue to support our work, as volunteers, as their direct contribution to board meet- supporters of member organisations, and ings, but for their outstanding commit- most of all, as friends. ment to our cause. Kurt has been on the board from the start, he has never missed a board meeting – forty-one in all – and THE EXECUTIVE BOARD OF ILGA-EUROPE he has represented ILGA-Europe as co- Nico Beger Kurt Krickler Brussels, October 2003

ILGA-Europe Activity Report 2002-2003 19 Publications

ILGA-Europe has been publishing a quarterly Order from our office: newsletter since May 2001. Get your free subscription! ILGA-Europe avenue de Tervueren/Tervurenlaan 94/1 1040 Brussels, Belgium Also published in 2003 our EU policy paper: phone +32 2 732 54 88 “Families, Partners, Children, and the Euro- fax +32 2 732 51 64 pean Union”. [email protected] All these publications are also available at our web-site: www.ilga-europe.org