» DECEMBER 2004

VOL 4 ISSUE 4 NEWSLETTER ISSN 1378-577X www.ilga-europe.org

ILGA European conference 2004: success and lots of fun in Budapest EU Anti-Discrimination Policy: renewed commitment needed Across Europe: more partnership rights but increased violence The European Region Message of the International Lesbian and Gay Association from

avenue de Tervueren 94 Bank account # 310-1844088-10 1040 Brussels, Belgium ING Belgique Patricia Phone +32 2 609 54 10 ETT-CINQUANTENAIRE A very warm welcome to the winter edition of our Newsletter! I am very pleased to Fax +32 2 609 54 19 avenue de Tervueren 10 greet you at such an exciting time for ILGA-Europe. During the last couple of months [email protected] 1040 ETTERBEEK www.ilga-europe.org IBAN BE41 3101 8440 8810 our team was expanded and completed and we now have seven people working at BIC (SWIFT): BBRUBEBB the office plus we have a regular volunteer providing us with great assistance.

Given the changes in the make-up of the team, Juris Lavrikovs, our new Information & Communications Officer, is taking over the responsibility for the pro- Table of Contents duction of the newsletter and I wish him every success. At the same time I would like to thank Birgit Hardt, our Policy Officer (Networks), for all her energy and com- 2 Message from Patricia mitment for producing the previous editions of the newsletter - a big thanks! 3 Personnel news 4 ILGA European conference 2004 In October we had ,a very, successful annual conference in Budapest hosted by the fantastic team of Hatter. The conference attracted a record number of participants in 7 ILGA-Europe current projects the history of the ILGA European conferences and we even had delegates from such 8 Equality in a future Europe - Renewed commitment countries as Lebanon and Israel! One of the most important discussions resulted in to the fight against discrimination in Europe? the adoption of a strategic plan for ILGA-Europe's work and this means we are mov- 9 ILGA-Europe's priorities for the Luxembourg Presidency ing to another level in our organisation and professionalism. It was also very nice for 9 Buttiglione affair: a new is born me as a 'newcomer' to meet so many members from around Europe in person. 10 Fundamental Rights: making them more than words? 10 New EU gender directive Many important events affecting the lives and rights of LGBT people are taking 11 IGLYO - twenty years of activism for young LGBT people place around Europe at this time. Some of these are positive and encouraging, 12 OSCE's mandate - sexual orientation and but some of them remind us that hate and discrimination are still very much gender identity discrimination to be included? part of the lived realities of LGBT people. (See the news items inside). 13 Stonewall to launch the first Corporate Equality On a positive note, the creation of the new European Commission process 14 Austria: court dismisses freedom of movement case demonstrated the continuing commitment by, the EU to the protection of 15 Balkans: 5th regional SEE Q meeting human rights and now the Commissioner Spindla has promised us even 15 Ireland: Lesbian couple marries in Canada and greater possibilities for stronger equality legislation and implementation challenges Irish laws through the feasibility and communication on integration of equality and non- 16 Bulgaria: News laws, old attitudes discrimination due in 2005. We will continue to work on these developments. 16 Latvia: European Social Platform study visit 17 News Clips Legislation recognising the rights of same-sex partners was adopted or came into force in the UK, Luxembourg and Switzerland; Spain is about to open same-sex marriage and the issue is being discussed or tested in the courts in a number of other European countries. , The ILGA-Europe Newsletter is the Radomir Trajkovic, Kurt Krickler, On a less positive note, a gay man was murdered in London and research quarterly newsletter of Desislava Petrova, Simone showing that prejudice towards LGBT people and other minority groups in ILGA-Europe. Volume 4, issue 4, Brander, Klaus Jetz, Philipp Braun, Britain is still high. The Latvian Minister admitted that addressing LGBT issues December 2004 Stonewall. is still a 'political suicide' in the Latvian politics and the Bulgarian MP openly Editors: Juris Lavrikovs, Kurt, Krickler Design & layout: Silja Pogule propagates hatred towards LGBT people. Contributors: Bence Solymar, www.siljadesign.lv Birgit Hardt, Christine Loudes, Printer: Sofadi However, all such events make us all only stronger, mobilise us and remind about much Riccardo Gottardi, Max Next Issue: March 2005 work still needs to be done to achieve a Europe free from discrimination and intolerance. Anmeghichean, Fabio Sacca, Deadline: 10 February 2005

I trust you will find this edition of the newsletter interesting, informative and stimu- © ILGA-Europe. Reproduction permitted, provided lating. We will be continuing to develop our communication strategy in 2005 so that appropriate reference is made to the source. you will see changes in the newsletter, the EU bulletin and the website.

I am very pleased to be part of this new ILGA-Europe team and together with our board and membership look forward to taking the organisation forward in This Newsletter is published publication does not necessarily achieving our aims and goals. with the support of the European reflect the position or opinion Commission – The European of the European Commission. Since this newsletter comes out at the end of the year, I wish you all a great Union against discrimination. It is not liable for any use that festive season and all the success in our joint work during next year! The information contained in this may be made of this information.

PATRICIA PRENDIVILLE ILGA-Europe Executive Director »P2 ILGA-EUROPE NEWSLETTER ILGA-Europe appoints Information & Communications Officer

In 1990 Juris became a co-founder of the Latvian Association for Sexual Equality and until 1997 was its board member. In 1995, Juris was a director for the EU funded Lesbian and Gay Anti- Discrimination Project in Latvia. Since 1996, Juris was actively involved in establishing the Homosexuality Information Centre in Latvia and for many years was its legal advisor. In 1998 Juris was employed by the Latvian National Human Rights Office to carry out a research on the legal situation for lesbians, gay men and bisexuals in Latvia and other jurisdictions. As part of this research

work, Juris prepared a series of legislative amendments to reduce news Personnel Juris Lavrikovs sexual orintation discrimination in Latvia. One of the proposals, the Juris Lavrikovs started his role as ILGA-Europe registered partnership bill, was submitted to the parliament in 1999 Information and Communications Officer on 14 October by the Latvian National Human Rights Office. Since 1992 Juris 2004. Juris' entire professional, academic and voluntary was actively involved in and represented Latvian organisations at career is devoted to lesbian, gay and bisexual human ILGA conferences and other forums. rights issues. Juris is a lawyer and in 1994 graduated from the University of Juris is originally from Latvia, but joined the office from London Latvia. In 1997, he completed his LL.M course in European Legal where he worked for the leading British lesbian, gay and bisexual Studies at the University of Exeter, United Kingdom. rights organisation Stonewall. Initially Juris worked for Stonewall's Citizenship 21 project which addressed the issues of multiple dis- We are very glad we are now able to employ someone full time to crimination and provided capacity building support for community work on developing and improving our information service, website organisations. Juris also was involved in establishing Stonewall's and communications strategy. I am delighted Juris has been information centre and creating and maintaining its website, as well appointed for this role and am sure ILGA-Europe will befit greatly as in Stonewall's policy and research work. from his knowledge and experiences. PP ILGA-Europe's new stagiaire

Kim Smouter joined the Although a Dutchman by nationality, Kim is perhaps as close as staff of ILGA-Europe on 6 one gets to being a true European. Having lived in France and September 2004 as ILGA- the United States most of his life, and coming from a family of Europe's new stagiaire. mixed origins. In secondary school, Kim was a leader of the Kim is currently following International School of Brussels' Safe Place Project. Safe Place a bachelor level study in is a central element of the school's fight against intolerance and European Studies at the discrimination. University of Maastricht (Netherlands). Kim has Kim is also a writer of science-fiction novels, romantic poetry, and been actively involved a generally creative addition to the staff, as well as an island of within his school commu- tranquillity. Our new stagiaire has certainly grown to become a nities on issues of interest useful member of staff. to LGBT youth. Kim Smouter PP

ILGA-EUROPE NEWSLETTER »P3 Lots of fun in Budapest

ILGA-Europe badges and went mushrooming organisations and Listening to her speech, you out to have lunch sporting them considerable achievements. He may have noticed that she is as on collars. They were all beam- contributed the point of view of energetic as ever. We all hope ing, and after certain workshops the insider, very unique among to see her from time to time at like the one on the "Brazilian the speeches of the day. various events. Resolution", or the one on lesbian women's organising, they told me Joop Verboom handed over the The biggest reason for celebra- they found them intriguing. A cou- report of what the Dutch EU tion, however, was that José Göncz Kinga, Hungarian Minister of Social and Family ple of times they wished they Presidency had done on LGBT Manuel Barroso backed out of Affairs and Equal were participants so that they too issues, which again was a his dire straits about Rocco Opportunities could give their opinions. They moment when we could see Buttiglione, and consequently, were gay-friendly, now they that international organisations an openly homophobic politi- With much celebration and respect whatever ILGA does. of the LG(BT) movement now cian had to withdraw from high "Thank yous", we got to count as important political politics, together with his views. the end of the ILGA The Eklektika group of dancers actors. Joke Swiebel received European conference. The gave all of us a very nice sur- ILGA-Europe's award for her We could share all of this joy thousand pictures Jancsi, prise. Surely, you will meet commitment, active and proud with the biggest ever number of the GO-GO! boy, took dur- some of them if you go to ball- work for LGBT rights as an participants at an ILGA ing those few days of room dancing competitions. MEP. It was a moment of true European conference, who stretched work and moun- celebration and happiness. turned out to be a very man- tains of fun will remind us One of the uplifting moments was of the wonderful time most the speech of Göncz Kinga, Hungarian hospitality of the participants had. Minister of Social and Family ILGA European conference ILGA European Pictures will be sent to Affairs and Equal Opportunities, those who request them. when among other things she officially announced that the Different people surely see the government is working on conference from very different same-sex registered partner- angles. Let me now recount ship legislation. She mentioned some of what was memorable important issues such as anti- for, me, one of the organisers. discrimination in areas of life Hattér gathered a dozen commit- outside employment, and had ted volunteers, and the coher- the right, friendly, appreciative ence of the group was amazing. attitude we wish all politicians They seemed to be a self-organ- had. She is surely someone ising team, which is probably a who works for an inclusive soci- heart-warming idea for all who ety on the governmental side. work in the voluntary sector. During workshops, when I sat Then came Gusztos Péter, a in the corridor with some of the Hungarian MP, not yet 30, who team and we were all taking our genuinely contributes a gay- time to relax, we could hear friendly voice to a too often busy work noises, and some- homophobic Hungarian political times a loud cheer or laughter. sphere. After him, Mocsonaki We knew people were working Laci, the most respected mem- , hard in a friendly environment. ber of Hattér's board told us about the very long process he The interpreters quickly got has witnessed and formed, and involved in the conference, which led up to the present day equipped themselves with of the LGBT movement with

»P4 ILGA-EUROPE NEWSLETTER ageable crowd of people. I see it as the sign of trust people Award Ceremony had in the organisers that all were in the lobby downstairs to leave for dinner on time. We During the conference, Joke Swiebel (MEP and Chair of the practically had no delays in the European Parliament Intergroup on Gay and Lesbian Rights, Csaba Tabajdi programme thanks to all partici- 1999-2004) and Csaba Tabajdi (MEP, MP and delegate to the pants' kind co-operation. Parliamentary Assembly of the , and first Eastern European MP to have taken a prominent stand in I can't say I did not hear about defence of LGBT rights) were distinguished for their work in lob- conflicts here and there, from bying for LGBT issues and the promotion of fundamental human this and that workshop, some- rights in Europe. ILGA-Europe issued a Certificate of body annoying another one, Appreciation to both of them. people being sad/upset about the results of this or that election. Joke Swiebel Surely, conflicts did generate, which needed to be addressed, but it would take another article to write about them, and another year to sort them out. But it is Strategic Plan Framework not my agenda. When the team got tired, we formed a massage chain with the ILGA-Europe A recent development for ILGA-Europe was the staff and thought of wine and formulation of a strategic plan to guide the work singing in the evening. of the organisation over the coming years. The process of this strategic plan was developed and You might wonder where we outlined at conference, and the mission, vision put the pigeon holes and dele- and values were adopted. Each of the six strate- gate pack folders all the partici- gic objectives were discussed, reflected upon. In pants had left behind. Well, many workshops, very useful additional thoughts they got recycled in our and ideas were offered. The staff and the board archives to document more of are now taking the next steps in completing the the developments of the LGBT strategic plan for 2005-2008. This will form the movement in Hungary. basis for our funding applications in 2005 and will , also guide us as we seek additional funding for Hattér will be 10 years old in the work of the organisation. Finally, having a February. It is not the first of the strategic plan will enable the organisation plan gay organisations ever formed each yearly work programme more consistently in Hungary, and it is not the and will allow the work of ILGA-Europe to be longest standing either. But it is even more focused and targeted at reaching the certainly a very important birth- named outcomes. day in the movement. Thanks to ILGA-Europe's kindness, Thanks again to all of you who attended the now we have a brand new fax workshops on the strategic plan during the con- machine. Feel free to send us ference - it is much appreciated and your input is faxes (+36-1-329-26-70), think influencing the final developments. of us every now and then, and we would be delighted to see PP some of you at our birthday party! The party will take place on 12 February, please e-mail/fax us later for more details. ILGA European conference 2004 report is now , BENCE SOLYMAR available on our website: , Hattér www.ilga-europe.org > Annual conference

ILGA-EUROPE NEWSLETTER »P5 Budapest Conference elects new Board and venue for the 2006

The Annual Conference also serves as ILGA-Europe's general assembly. Not only does the Board present its activity report of the past year - including an overview of the organisation's financial situation. It is also a chance to discuss and amend the proposed work programme for the year to come. It is at the confer- ence that a decision is reached on conference venues and a new Board is elected. As decided in Budapest, the 2006 conference will be hosted by Gemini in Sofia, Bulgaria. The newly elected Executive Board is a vibrant mixture of old and new Board members. Though some may be familiar to the readers, we will take this opportunity to introduce all Board members for 2004/2005:

Maxim Anmeghichean has graduated from the National Jackie Lewis has been a trade union and human University in Moldova with a degree in journalism. He is co- rights activist for around 25 years. She works in a ordinator of the information centre GenderDoc-M. He has local authority in London and is a member of the been involved in IGLYO since 2000 and has been an active National Lesbian and Gay Committee of UNISON, member of 's LGBT section since 2002. the largest trade union in the UK, and of the LGBT Now in his second term as a Board member, he will continue to focus on Committee of the British trade union confederation (TUC). She has ILGA-Europe's Council of Europe and South/East European initiatives. been involved in ILGA since 1992 and been a member of the Board, and co-chair, since ILGA-Europe's foundation in December 1996. Vera Cimpeanu studied English and German and was an English university professor. After the fall of Pierre Serne is presently working as head of per- communism she could start work in her favourite fields: civil sonnel staff for the deputy mayor of Paris in charge of and political rights and minority rights. She is founding integration and non-EU foreigners. In 2000 he was member of the first LGBT rights organisation in Romania - appointed to be the political adviser of the French Accept - and organised, together with a small group of Minister for the Environment. He has been for a few friends, the first LGBT conference in Romania. Currently, Accept Vice- years now the chairman of the LGBT national commit- president. Dislikes self advertisement. tee in the Green Party. He also is a member of the city council of Vincennes (Paris suburb).He has been elected in charge of European Riccardo Gottardi, who has been on the Board since 2001, issues in INTER-LGBT, the main French LGBT umbrella association. is the chairperson of Arcigay Pride!, the local Arcigay branch in Pisa. After attending his first ILGA-Europe conference in 1998, Nigel Warner is currently affiliated with the he helped co-organise the 1999 conference in his hometown, Stonewall Group. His involvement with ILGA goes Pisa. Currently undertaking a PhD in physics, he acts as Italian back to its foundation in 1978. In 1986 he took on co-ordinator for EU transnational projects. responsibility for ILGA-World's finances, and, together with a group of friends in the UK, ran the Tatjana Greif got involved in the LGBT movement in the Financial Secretariat until 1994. He then took a four- early 1990s and is currently working as a programme man- year break before becoming one of ILGA-Europe's co-delegates to > ager of the Slovene lesbian group SKUC-LL. She is the Council of Europe in 1998. He joined the Board of ILGA-Europe involved in various educational and anti-homophobic proj- and became Treasurer in 2000. ects, and since 1997 a member of the governmental com- mission tasked to draft same-sex partnership legislation. As reserve members, following people were elected: Philipp Deborah Lambillotte, intersexual gender activist. Braun (LSVD, ), Vanja Hamzic (Q Organisation, Bosnia After years of involvement in the Italian Arcigay, Herzegovina), Inge-Lise Paulsen (LBL, Denmark) and Maya Arcilesbica and ArciTrans, she returned to Ghent Salvado (APGL, France) (Belgium) in 2002. She is now member of the executive The conference also confirmed Jackie Lewis (UNISON, UK) and board of the Holebifederatie - the Flemish LGB umbrel- Yves De Matteis (360, Switzerland) as representatives of ILGA- la organisation - where she is responsible for transna- Europe on the Executive Board of ILGA. Reserve representatives of tional projects. She also co-ordinates the local section of Vieux ILGA-Europe on the Executive Board of ILGA are Grade Schadee Rose, a 50+ lesbian group, as well as being an active member of (AOb Homoseksueel Onderwijspersoneel, Netherlands) and the trans working party of ILGA-Europe. Her hobby is lobby. Janfrans Van Der Eerden (COC Nederland, Netherlands).

»P6 ILGA-EUROPE NEWSLETTER ILGA-Europe current projects

ILGA-Europe is currently working on three projects and your active support and involvement is crucial for successful implementation.

Social Exclusion - an issue for Towards full equality in LGBT people employment

Although there is a clear link between the discrimination experi- We work to ensure equality of LGBT people in the field of enced by gay, lesbian, and bisexual people and levels of pover- employment across Europe. We are currently working on a ty and social exclusion, little attention has been paid to this report bring together research done already at national level on issue at EU level. the experience of discrimination and harassment in employment on the ground of sexual orientation. The report aims to propose ILGA-Europe hopes to raise awareness on how discrimination strategies on how to promote equality in the work place. impacts the levels of poverty and exclusion amongst LGB peo- ple. We are working on a report bringing together research For this project are looking for: done already on the experience of social exclusion of LGB peo- > questionnaires or research on experiences of discrimination ple. We focus particularly on how discrimination affects people's in employment on the ground of sexual orientation; lives with regard to education and training, and access to resources such as health care and housing. Particular attention > cases of workplace discrimination of LGB employees that will be paid to LGB youth and LGB older people. For this, we are willing to share their story with ILGA-Europe; need your help: > guides promoting LGB equality in the workplace; If you know of any questionnaires or research, relevant case studies, aware of examples of good practice in addressing > information about trade unions that have entered collective social exclusion, know of people that may be willing to share agreements ensuring equal treatment for same-sex partners of their personal stories with ILGA-Europe, employees in terms of written employment conditions; please contact Birgit Hardt: [email protected] > examples of best practices of employers promoting equal and inclusive workplaces.

Family Project

We have been lobbying for the recognition of LGBT families in in the European Union. from living in a country because the European Union for some your partner is a third country If you are interested in getting time. If you know of a case or cases national and your union was not involved or want to provide your where LGBT family/partners recognised in the country where information, please complete Currently, we are urgently seeking have been impeded to move to you wanted to go, please contact our case study forms available cases, stories and photographs another country because their Christine Loudes: on our website: for a publication, which will high- rights were not recognised in [email protected] www.ilga-europe.org > Current projects light the difficulties faced by LGBT the country where they wanted families who intend to move with- to go or you have been stopped JL

ILGA-EUROPE NEWSLETTER »P7 Renewed commitment to the fight against discrimination in Europe?

At last week's "Equality in a A strong framework for Addressing sexual orienta- to combat discrimination Future Europe" conference, equality tion discrimination seems to be the overwhelm- > Vladimir Spidla, newly appoint- In defining a future EU strategy Numerous delegates at the con- ing tenor. Yet, how it should ed EU Commissioner for on combating discrimination ference recognised the impor- go about it, remains open to Employment, Social Affairs and promoting equality, it is tance of specifically addressing discussion. 2005 will be an and Equal Opportunities, important to develop a compre- sexual orientation discrimination. important year to continue to announced the Commission's hensive approach that is both The European Trade Union shape the outcomes of this plans to publish a specific and horizontal. Confederation for instance con- debate and ensure that the Communication that is to set "Following a horizontal firmed the need to follow up the EU strategy is comprehen- out the new EU framework for approach must never be taken ETUC's action programme on sive and inclusive. To equality. He also stated that to mean making LGBT people race, gender and disability, with achieve this ambitious goal, the European Commission will invisible; instead the EU must specific action targeted at sexu- some key questions have to launch a feasibility study to speak out for them explicitly", al orientation discrimination. be addressed: (1) how to examine possible initiatives to states Joke Swiebel, former Kees Waldijk of the European place the EU policy on non- complement the EU legal head of the Parliamentary Group of Experts on Combating discrimination into the wider framework for tackling discrim- Intergroup on Gay and Lesbian Sexual Orientation human rights agenda and ination. Rights, during the EU Pre-con- Discrimination argued that two make sure it complements ference on Mainstreaming steps were needed to help indi- the work done by other inter- The conference followed the Policies on Sexual Orientation viduals take forward cases: (a) national organisations; (2) European Commission's con- in Europe. "The long-term goal specialised bodies need to be how to put in place an effec- sultation exercise on the future must be to overcome the exist- set up on all grounds; (b) NGOs tive legislative framework

"Equality in a future Europe" "Equality in a future of equality in the EU. Only ing equality hierarchy, to for- need to be granted the right to offering equal levels of pro- weeks prior to the conference, mulate specific policies and take forward cases. Other tection for all; (3) how to in the midst of the Buttiglione complement these with a struc- issues raised were the problem implement a structured affair, Commission President tured equality mainstreaming of conflicting rights, such as equality mainstreaming Barroso had told the European across all policy areas. Now is freedom of religion versus mechanism; (4) how to Parliament, that fundamental the time to create the neces- equality of LGBT people, and ensure that the EU's action rights and the fight against dis- sary conditions and tools: from the importance of placing the on also crimination will be a top priority awareness-raising to a well equality agenda into the wider explicitly covers discrimina- for the Commission. There is a thought-through methodology context of the EU's Lisbon strat- tion on the ground of gender new momentum now that we of data collection and an allo- egy. identity; and finally (5) how need to leverage in order to fur- cation of funds that allows to place the equality agenda ther the rights of LGBT people NGOs to perform their consul- The way ahead into the wider context of the in Europe. tative function." That the EU should do more Lisbon Strategy. The promis- es and good intentions have to be backed up by European Commission Consultation - some results: resources - if we are to take > EU must step up efforts to combat discrimination equality mainstreaming seri- > 49% felt that the two EU directives had limited impact - shows existence of significant obstacles before people can make use of these new rights ously, we have to make sure > National authorities mostly opposed to further EU legislation whilst other stakeholders want to bring the level of that social policy is not protection against discrimination on other grounds, including sexual orientation, into line with protection against reduced to being the poorer racial discrimination cousin of economic growth. > Most effective tools in addressing discrimination identified were legislation (34.2%), awareness raising (31.8%), and affirmative action (22.6%) > Important added value provided by EU funding was recognised BIRGIT HARDT > importance to mainstream equality across EU policy and funding instruments

For more details, see: http://europa.eu.int/comm/employment_social/fundamental_rights/greenpaper_en.htm

»P8 ILGA-EUROPE NEWSLETTER ILGA-Europe's priorities for the Luxembourg Presidency

From 1 January until 30 June raised include the future the directive on the definition of to meet. If you would like to 2005, Luxembourg will hold the enlargement of the European refugee; the social side of the bring issues to the attention of EU Presidency. In its memoran- Union; the ratification and Lisbon Agenda and the inclu- the Luxembourg Presidency, dum to the Luxembourg implementation of the sion of LGBT concerns in the please contact me at the office Presidency, ILGA-Europe draws Constitution; the human rights European Neighbourhood for advice. the attention of the Presidency agenda within the EU and in Policy. to the areas affecting lesbian, third countries; the develop- More information about the gay, bisexual and transgender ment of the anti-discrimination ILGA-Europe's Luxembourg Luxembourg Presidency at: (LGBT) people that could be and equality agenda through members have passed details www.eu2005.lu progressed through concrete legislation and equality main- of LGBT-friendly contacts within actions in that period. Issues streaming; the transposition of the government whom we plan CHRISTINE LOUDES Buttiglione affair: a new European Union is being born

On 28 October 2004, the chief stood its ground, maintaining Franco Frattini, who substituted so careful to establish when of governments of the Union that such a sensitive portfolio Buttiglione, to make a clear and writing the Constitutional Treaty met in Rome to sign the could not be assigned to some- explicit commitment to an active in order to allow as little inde- Constitutional Treaty of the EU. one who affirmed that, if a con- anti-discrimination policy. pendence as possible to the In the past years civil society flict arose between his role and Commission. Thanks to the has put much work and much his moral views while perform- Some may think that after this Parliament's action, Barroso is hope into this new Treaty that ing his duties as a public offi- the Commission would be now in a stronger position when was to lay down stronger basis cial, he would give priority to his weaker and less capable to live dealing with human rights, for a social Union, one that moral views. up to the commitments taken. being less bound to the whimsy would place the basic rights of On the contrary, when dis- desires of national governments its citizens before the issues of Those who might have envis- cussing about the possibility to and more to the Charter of economy. As a matter of fact such aged the possibility that the move Buttiglione to another Fundamental Rights. a Union was born the day before, European Commission could portfolio or to replace him, on 27 October, when the European fall, certainly had expected that Barroso was tightly bound by In these past weeks the Parliament was called to vote in to happen on issues of eco- the will of national govern- Parliament has fully played its favour or against the Commission nomics or of corruption as in ments; today, after the institu- role as the democratic voice of proposed by José Barroso. the past. Instead it had hap- tional debate that had come the people, it has indicated to pened on the protection of about before his new the Commission the way to fol- After weeks of debate on the human rights. The European Commission was finally low on human rights and has controversial designation of Parliament, by taking such a approved, Barroso, however, given it a strong backing to go Buttiglione as Freedom, stand, has affirmed clearly that was able to assure that he along that path. Now it is up to Security and Justice human rights are at the very would change whatever com- Barroso to live up to his pledge Commissioner, Barroso had to core of the Union and could not missioner lost the trust of the - for sure civil society and the retire his Commission team not be ignored. Equally important, it Parliament in the coming years, European Parliament will again having the necessary majority had affirmed that LGBT rights which is a provision that goes support him if need be. to pass the Parliament's vote. are integral to human rights beyond the very tight rules The European Parliament had causing Barroso and then national governments had been RICCARDO GOTTARDI

ILGA-EUROPE NEWSLETTER »P9 Fundamental Rights: Council reaches making them more preliminary than words? agreement

It seems that today fundamen- needs to be widely debated Plans to adopt a new EU directive on equal treat- tal rights are very high on the within civil society. ment between women and men in the access to and supply of goods and services had already been cards in the EU institutions, ILGA-Europe, together with announced at the Nice Council in 2000. Three legislation and mechanisms. other NGOs belonging to the years later, the European Commission finally The new Commission has Social Platform, is concerned adopted a draft proposal that was presented to declared its commitment for about the lack of clarity on the the European Council for adoption by unanimity. fundamental rights following role, the vision, the resources It caused fierce divisions, opposition by some the Buttiglione affair. The and the powers that will be member states and intense lobbying by the insur- Constitution contains a given to this agency. The ance industry amongst others. After lengthy nego- Charter in which different Commission Communication tiations, a compromise proposal by the Dutch EU types of rights are enshrined uses the unfortunate term Presidency was agreed upon by the Council of Ministers on 4 October 2004 and should be adopt- and which is the first interna- "light weight structure" which ed at the December 2004 Social Affairs Council. tional legal instrument to does not appear as a positive The new directive is relevant also to transgender specifically mention sexual omen in this regard. Other persons because EU law regards discrimination orientation. In addition this issues are opened for debate, against transgender persons on grounds of their document provides for some for instance the definition of gender identity as a form of sex discrimination. specific mechanisms to the areas where the agency This principle was established by the European ensure the protection of should operate, the geograph- Court of Justice in its 1996 decision in P v S and human rights. The ical coverage of the agency, Cornwall County Council, where it was held that the dismissal of an individual following gender Commission has developed a or the mechanisms for dia- EU gender directive New reassignment was unlawful discrimination on the mechanism to measure the logue between civil society grounds of her sex. ILGA-Europe spoke to Cécile impact of decisions taken on and the agency. So far, there Greboval, policy coordinator at the European fundamental rights protected is only one certainty: the Women Lobby, to discuss what the directive has by the EU Charter on agency will be based in to offer and where it does not go far enough. Fundamental Rights. Vienna. Moreover, the Commission is You have followed the adoption stake? currently consulting (until 17 Other issues raise question process of the new directive The most problematic issue was December 2004) civil society from an LGBT perspective. carefully. Did the final outcome the use of sex-based actuarial data on the new Fundamental The Communication stresses meet your expectations? in the area of insurance and finan- Rights Agency to be created that the principal task of the cial services.At the moment, many to extent the remit of the agency would be data collec- Cécile Greboval: To be honest, insurance companies and other European Monitoring Center tion, and that this is to be we are very disappointed.After the financial services use sex as a factor on Racism and Xenophobia done in an objective, reliable Parliament's overwhelming support in calculating premiums and bene- (EUMC) to include fundamen- and comparable fashion. for a strong directive, the Council fits, this leads to situations where, tal rights. However, there is no preci- compromise is sobering.The because women live longer, they sion as to the type of relevant Council failed to translate the prin- have to pay more to receive the In principle, the creation of a data. If the data are mostly of ciple of gender equality into every- same life insurance premiums as fundamental rights agency quantitative nature, i.e. statis- day practices.At the end, member men.The original Commission pro- (previously known as the tics and numbers, this might states gave in to the pressures of posal - supported by the EWL and Human Rights Agency) is a have a detrimental effect in the industry lobby and neglected other consumers' and social organi- good idea especially in the relation to LGBT people. the unified wishes of civil society sations - would have forbidden this context of the increase of con- This issues need to be and European parliamentarians for practice. cerns for fundamental rights thought through carefully in a legal obligation of equal treatment within the European Union. order to avoid "number between women and men, especial- And the final version? However, the creation of a fetishism". ly concerning insurances products. The final version still forbids the fundamental rights agency is use of sex as a factor in the calcula- an important issue which CL What were the main issues at tion of insurance premiums and

»P10 ILGA-EUROPE NEWSLETTER benefits (Article 4.1).Yet, with Article 4.2 member states are grant- ed the right to opt out: "proportion- ate differences" between women and men are possible "where the use of sex is a determining factor in the assessment of risk based on rel- evant and accurate actuarial and sta- IGLYO tistical data".

What does this mean in practice? It means a continuation of discrimi- nation against women for some insurance products, even though insurance companies will now have to be more transparent and accu- rate in relation to how they use actuarial data based on sex and IGLYO Conference which data they use.As to when exactly "the use of sex is a deter- Twenty years of activism for mining factor" and what "relevant" means" - that will depend on the interpretation of the courts and young LGBT people remains to be seen.We will of course follow very carefully the From 31 October to 7 People attending the conference cannot meet back home as the monitoring of the implementation of November, Sofia (Bulgaria) came from 24 countries, not only Lebanese, for example, cannot this directive, and if necessary, hosted the 18th conference of from member states of the EU, enter into Israel. Discussions and encourage women to go to court. IGLYO, the International LGBT but also from the US, Canada, workshops were held in which Youth and Student Balkans, Russia and, for the first former IGLYO board members From your perspective, does the direc- Organisation. "Past, Present time, from the baby movements in Suzy Byrne from Ireland, Dennis tive constitute any progress then? and Future of LGBT Youth the Middle East (Israel, Palestine, van der Veur from the Yes, of course it does, even if limited. Activism" was the main title of Lebanon); a sign of progressive Netherlands, Kris Vanhemelryck The most notable improvement is the event; the purpose: to cele- change in these countries. from Belgium and Miha Lobnik the explicit prohibition of treating brate the 20th anniversary of from Slovenia shared their views women less favourably for reasons of the organisation, an occasion to During the conference, in the calm and visions on IGLYO's future. pregnancy or maternity, including for remember history, share the and inspiring Vladaya's village, insurance products. I think, in practice present and to start building the young activists from the past and The conference concluded with it might mean that women won't pay future all together. from the present had the possibili- the participants' commitment to more for private health insurances ty to meet and to symbolically working together at internation- because of pregnancy risks and that it IGLYO was created in 1984 by "pass the baton" on to each other. al level. People left with new won't be possible to exclude those young activists involved in ILGA And for two days, the activities partnerships and plans for the risks any more from insurance prod- who wanted to evidence forces were also followed by Yael future regarding new exchanges ucts, as is the case at the moment, and specific needs of younger O'Hana, a representative of the and support, especially to the for example for travel insurance. age people within LGBT com- Council of Europe (CoE), report- communities in Eastern Europe. munity. Based in Amsterdam, ing on the state of human rights Next IGLYO meetings to be held but actually without a logistic on our continent and on the CoE's are the 2nd Women's Case C-13/94 P v S and Cornwall centre, IGLYO succeeded in possibilities of action regarding the Conference in Opatija (Croatia), County Council [1996] ECR I- 2143: "Such discrimination is order to activate international rights of LGBT people. 5-12 December 2004, a study based, essentially if not exclu- collaborations even with public session in March 2005, and the sively, on the sex of the person institutions. IGLYO, in fact, finds The participants also listened to 19th conference to be hosted in concerned. … To tolerate such discrimination would be tanta- its strength also in solid partner- touching testimonies of Raja, autumn 2005 in Malta. mount, as regards such a per- ship with the Directorate of Youth Nada, Cindy and Roei coming Info: www.iglyo.net son, to a failure to respect the and Sport of the Council of from the Middle East. The or write to [email protected]. dignity and freedom to which he or she is entitled, and which the Europe and with the European IGLYO conference made it pos- Court has a duty to safeguard." Youth Forum. sible for them to meet as they FABIO SACCA

ILGA-EUROPE NEWSLETTER »P11 Sexual orientation and gender identity discrimination to be included?

On 13 October 2004, ILGA- the participants. LGBT persons are OSCE human rights officers in > Develop training for law Europe organised a side constantly blackmailed by the police, those countries showed their enforcement that includes mod- event at the Human discriminated by public authorities willingness to help, but noted ules on dealing with victims of Dimension Implementation and employers in Moldova - again they would need to know what hate crimes based on sexual Meeting (HDIM) of the no sign of care on behalf of the they could do concretely. orientation and gender identity Organisation for Security state. Do we even need to bring the and Co-operation in example of Belarus? The panel, together with ILGA- > Seek actively, in co-operation Europe (OSCE) that took Europe, called for the inclusion with OSCE missions, the coop- place in Warsaw. The These presentations were fol- of sexual orientation and gender eration of human rights institu- meeting was organised on lowed by discussions with the identity discrimination in the tions and NGOs fighting discrimi- the day set aside for dis- nation on grounds of sexual ori- cussion of the OSCE's entation and gender discrimina- expanded mandate on tol- tion, in developing projects on tol- erance and non-discrimi- erance and non-discrimination. nation. Don Bisson, ILGA- ILGA-Europe stands ready to Europe's Director, East work with both the ODIHR and Europe, Council of Europe the OSCE missions in developing and Transgender these relationships Programmes, also made several oral interventions > Include modules on sexual during the main session orientation and gender identity urging the OSCE to add when developing tolerance edu- OSCE's human rights mandate specifically sexual orienta- cation materials tion and gender identity as grounds for discrimination > Work with NGOs fighting dis- in the new mandate. crimination on grounds of sexu- al orientation and gender dis- OSCE side event The side meeting dealt with dis- crimination to increase their crimination on the grounds of capacity to monitor incidences sexual orientation and gender audience, which mostly consist- mandate of ODIHR. For some of hate crimes based on sexual identity in OSCE member states. ed of representatives of NGOs countries, in particular those orientation and gender identity LGBT activists from Belarus, working in the field of tolerance which are not members of the Italy, , Macedonia and and minority rights and staff of European Union and the Council There was a strong belief among Moldova made presentations ODIHR, OSCE's Warsaw-based of Europe, it will be the only tool the participants that their voices leaving little space for interpreta- Office for Democratic to monitor and enforce LGBT will be heard. We now have to tions: It became obvious that Institutions and Human Rights. rights. Other ILGA-Europe rec- wait for the decision of the gov- LGBT communities are amongst The latter noted that ODIHR is ommendations included: ernments of the OSCE member those most discriminated against open for working on the sub- states on whether or not they will in the region. A lesbian couple ject. In some countries, howev- > Encourage all member adopt the recommendations harassed, and one of them er, such as Armenia, states to include sexual ori- made. This decision will be made raped in Italy - but authorities Azerbaijan, Georgia, as well as entation and gender identity at the OSCE ministerial meeting remained passive. Pride parades in Central Asia, it is quite prob- in the definition of hate to take place in Sofia on 6-7 in Belgrade and Krakow were lematic. The community is very crimes when drafting legisla- December 2004. attacked by neo-nazis and skin- invisible and intimidated; there tion heads - police failed to protect is an obvious lack of leaders. MAX ANMEGHICHEAN

»P12 ILGA-EUROPE NEWSLETTER Stonewall to launch the first Corporate Equality Index

Stonewall, the British gay equality organisation, has carried out extensive work with employers in Britain to promote good practice around the employment of lesbian, gay and bisexual staff. Stonewall's Diversity Champions programme, launched in 2001, now engages 85 major employers in both the public and private sectors who between them employ almost 3.5 million people, almost one in eight of the British workforce.

In January 2005, the organisation will launch the first Stonewall Summerskill. "We're offering employers the opportunity to promote Corporate Equality Index for gay employees. This will detail the top organisational excellence. If they see support for diversity as a way 100 British employers for LGB people. Ranking is based on a range of doing this, then they embrace it much more enthusiastically." of key workplace indicators from provision of equal benefits to the presence of openly gay people on an organisation's senior manage- "The new employment laws provide an important framework of pro- ment board. "The level of engagement in the research process has tection for gay staff. However, good employers now want to go been remarkable", says Stonewall chief executive Ben Summerskill. much further than merely complying with the law. That's where we "We expected some resistance, however the vast majority of major hope the Stonewall Corporate Equality Index will serve as a change employers asked to participate have recognised the value of this agent, encouraging employers to take action themselves in future tool." without prompting from Stonewall."

Surveys were first distributed to employers across Britain in the Larry Hirst, general manager of IBM UK, an employer expected to early summer. Early results were analysed and shared with partici- rank highly in the Index, says: "Working with Stonewall enables us pants for review. Final ranking will be carried out by a specialist to share and learn best practice from others and to ensure that IBM panel. The Index will be launched in January at an event in central is an inclusive and positive company in our dealings with employ- London and will also be published in print and on-line. Publication ees and customers alike." of the results has been sponsored by IBM, a consortium of invest- ment banks and Britain's Department of Trade and Industry (DTI). Members of Stonewall's Diversity Champions programme range from IBM, Lehman Brothers and Accenture in the private sector to 2005 will be the second year in which the British government has the Inland Revenue, the Home Office and Birmingham City Council supported Stonewall through the DTI. In early 2004, it supported in the public. Recent joiners include the charity Barnardos, publication of a good practice toolkit for employers based on the Nationwide and the Royal Mail. experience of members of the Stonewall Diversity Champions scheme and of advice leaflets for employees giving details of the Stonewall Diversity Champions also include: Audit Commission, new Europe-wide protections provided by the 2000 equal treatment Brighton & Hove City Council, BSkyB, Foreign Office, directive. Department for Work and Pensions, Goldman Sachs, Greater London Authority, HBOS, J P Morgan, Lloyds TSB, Marks and With the assistance of other sponsors, 12,500 copies of the Spencer, NACRO, Office of the Deputy Prime Minister, Shell employers' guide were printed and distributed alongside more than International. 250,000 copies of the employees' guide. Both guides are available on Stonewall's website: E-mail: [email protected] www.stonewall.org.uk.

New editions of both guides are being produced for publication in early 2005. The guide for employees will be available in print in five further languages commonly used by minority populations in Britain and in five further languages on the Stonewall website.

"Our commitment to work in the employment field isn't just some- thing that we promote as an issue of equality", says Ben

ILGA-EUROPE NEWSLETTER »P13 Court dismisses freedom of movement case Austria

As previously reported (ILGA- partly wrong, completely arbitrary which, however, cannot rule on reside freely within the territory of Europe Newsletter # 4/03, p. 14), and offensive as the Court refus- whether the immigration authori- the Member States", which will a German-US same-sex couple es to accept that the couple is ties had violated human rights take effect in April 2006 and married in the Netherlands could already married and insinuates and, thus, the constitution. replace the existing regulation not move jointly to Austria wrongly that the couple would 1612/68, it is obvious that the because Austrian immigration seek its "other" relationship to be Williams and his lawyer Hubert term "spouse" already covers authorities refused to recognise treated equally with marriage upon Wagner have now requested the same-sex spouses, as it has not their marriage and to grant stay which the Court bases most of its VwGH to refer the case to been changed or amended while and work permits to the US negative substantiation. Secondly, Luxembourg. They will continue "registered partner" has been spouse of the German who, the VfGH refused to refer the case to basically argue that the right to introduced as a new concept in therefore, could not take on a to the European Court of Justice in marry is guaranteed under nation- the new piece of legislation. position at an international organi- Luxembourg, the competent body al - in this case Dutch - law sation in Vienna. US-citizen Lon to decide upon controversial ques- (Article 9 of the EU Charter of In case the VwGH will also rule Williams challenged this refusal tions of EU legislation. Thus, the Fundamental Rights). Therefore, against the couple, the only legal and filed a complaint to the coun- VfGH violated Article 234 EC the non-recognition of that mar- remedy will be to file a complaint try's Federal Constitutional Court Treaty that clearly stipulates (in its riage for the purpose of free to the Strasbourg-based (Verfassungsgerichtshof, VfGH) official German language version movement and family reunion European Court of Human which handed down its - negative which slightly differs from the regulated by EU law is a violation Rights, which Williams is deter- - decision last October. English version) that a national of the Charter's Article 21 prohibit- mined to do. And if the VwGH court whose decision cannot be ing any discrimination on the will not refer the case to A decision characterised as appealed at national level (which is grounds, inter alia, of sex or sexu- Luxembourg, political remedies "scandalous" by Austria's lesbian the case here) is obliged to refer al orientation in the application of must be sought, such as for and gay organisation HOSI Wien such questions to Luxembourg if EU law by member states. From example persuading the Dutch which has been supporting the requested. Instead, the VfGH dis- the definition of "family members" government to take Austria to the couple in its legal battle. There missed the case and referred it in the new EU directive 38/2004 Luxembourg Court. are two things that make the to Austria's Supreme of 29 April 2004 "on the right of Court's ruling so appalling. Administrative Court citizens of the Union and their KURT KRICKLER Firstly, the Court's arguments are (Verwaltungsgerichtshof, VwGH) family members to move and Secretary-General, HOSI Wien

»P14 ILGA-EUROPE NEWSLETTER 5th regional SEE Q meeting

The 5th regional meeting of the Kontra. Certain sessions of the the first joint effort of the SEE Q The 6th SEE Q Network meeting South-Eastern European Queer meeting were also attended by Network. The network will also is scheduled to take place in (SEE Q) Network took place in representatives from ILGA- organise the very first regional Balkans Skopje, Macedonia, from 8 to Europe (Miha Lobnik) and queer camp, where LGBTIQ 10 October 2004. The Centre IGLHRC (Susana Fried). activists will have the opportuni- for Civil and Human Rights ty to interact, communicate and (CCHR) hosted this meeting. The SEE Q Network has a poli- exchange views and experi- The logistics for this meeting cy of being open to new mem- ences. Other issues of importance was supported by ILGA-Europe bers that show interest in to SEE Q Network include psy- who helped to organise and regional co-operation. Free cho-social assistance and educa- implement the meeting. Rainbow (Montenegro) and tion, the "Brazilian Resolution" and MASSO (Macedonia) were wel- other major international LGBT The meeting was attended by comed to join the network. Most topics, transgender and intersex representatives from LGBT organisations from the region resolutions and projects, human Ljubljana, Slovenia, from 17-19 associations from across the are also members of ILGA and rights and legislation, religion, December 2004. It will be hosted Balkans: CCHR, EGAL, are becoming more and more media and public relations, and organised by Legebitra, > > MASSO, Lambda, Gayten, actively involved in ILGA- exchange programmes with other SKUC LL, SKUC Magnus and Center for Production of Europe's activities and policies. networks and organisations that DIH. Equality, Organization Q, The Regional Lobby, Advocacy face similar situation, and promo- , Women's Room, Iskorak, and and Policy (ReLAP) project is tion of LGBTIQ culture. RADOMIR TRAJKOVIC

Lesbian couple marries in Canada and challenges Irish laws

On 9 November 2004, the High Acts by the revenue commis- to them as a married couple. tation of our clients. We allege

Court in Ireland granted leave to sioners resulting in the exclu- Their application was refused further that the Inspector of Ireland apply for judicial review against sion of their application is on the basis that the provisions Taxes has acted in breach of the Inspector of Taxes (revenue unjust, discriminatory, and in relating to married couples our clients' constitutional rights, commissioners), seeking to breach of a number of articles relate only to a husband and a and of their rights under the quash or strike down a decision of the European Convention of wife. Although the Taxes Acts European Convention for the of the Inspector refusing to Human Rights. fail to define the terms "married Protection of Human Rights and recognise Katherine Zappone persons" or "husband" or "wife" Fundamental Freedoms." and Ann Louise Gilligan as a Katherine and Ann Louise have or "spouse", the revenue com- married couple in Irish law. lived together as a couple for missioners relied on the defi- Bertie Ahern, Ireland's prime 23 years. They are both Irish nition in the Oxford English minister, following the decision The applicants are seeking a citizens. They were lawfully dictionary in reaching their of the High Court to grant the declaration that the provision of married to each other on 13 decision. couple right to appeal against the Taxes Acts, in failing to September 2003 in Vancouver, the government, stated that define husband, wife or married Canada. Their marriage is Phil O'Hehir, a solicitor of same-sex couples deserve couple so as to include same- regarded as valid for all purpos- Brophy Solicitors representing some form of legal recognition. sex couples, is unjustly discrim- es throughout Canada. the couple, said: "This action is Also the archbishop of Dublin inatory and in breach of their being taken to challenge the made positive remarks regard- rights under the constitution. On return to Ireland, the appli- decision of the Inspector of ing rights for same-sex partners cants applied to the revenue Taxes, which we allege is dis- in Ireland. The applicants also allege that commissioners to obtain the rel- criminatory on the grounds of the interpretation of the Taxes evant tax allowances applying the gender and/or sexual orien- JL

ILGA-EUROPE NEWSLETTER »P15 New laws, old attitudes… criminated against. Many LGBT indi- defined along traditional lines. This inflexi- viduals fear that discovery of their sex- bility contributes greatly to the lack of The downfall of the communist regime in the Commission for Protection from ual orientation may leave them open social acceptance of LGBT people. Eastern Europe led to unstable configu- Discrimination has to become operative to criminal prosecution and loss of rations in ideologies and xenophobia, but without any delay (the deadline was 31 access to employment or services. This attitude can even be seen in also to more pluralistic societies. The March 2004, but yet none of its 9 mem- They are afraid to stand up for their the parliament. Recently one of its radical rejection of the "other" has led to bers has been elected). rights and report violence experi- members expressed publicly, and a social climate that can be described as enced, as they would have to declare without any consequences, his homophobic. The system has changed There is no national policy on LGBT their sexual orientation and face the negative attitude towards LGBT but not the people's mentality. The inte- issues in Bulgaria. In fact, the shame of mockery and humiliation. people by saying: "If I catch any gration of these countries into European authorities are quite passive and Sometimes a presumption may exist faggot and have this power, I will structures has opened the gate for liber- often oppressive. The existing legis- that the harassed or abused individu- tar him before the General ation of their societies from various preju- lation, on paper, guarantees rights als have provoked the attack. Assembly building, will mount him dices, including towards LGBT people. to LGBT people but the reluctance on a donkey, facing the donkey's

Bulgaria In Bulgaria, this liberation is in its very to enforce it shows that the govern- Fear that police, medical, counselling but and will cart him in the city as beginning, and this process will be very ment and society are not ready to and other services will not be sensitive an example for the others". Such long without the strong external help comply with European standards to LGBT issues add to this internalised statements confirm our concerns from the EU. regarding the acceptance of diversi- prejudice, which, in turn, leads to low that new laws do not change peo- ty. The implementation of interna- self-esteem. Because of this low self- ple's mentality and that such atti- The Protection from Discrimination Act, tional and national standards con- respect and self-confidence, there is tudes will continue to influence the in force since 1 January 2004, transpos- tinues to be inadequate, and LGBT lack of loyalty, solidarity and sympathy public opinion by the idea that ing the relevant EU directives, marks a people experience differential pro- within the LGBT community towards homosexuality is a perversion. step forward in Bulgaria's accession into tection from discrimination. There other LGBT people. More info: the EU. Acknowledged as one of the remains an extraordinary lack of www.bgogemini.org most progressive in Europe, this act awareness about LGBT human Homophobia has been implanted into pub- [email protected] bans discrimination on a number of rights both within the LGBT commu- lic consciousness. It is still a widely spread grounds, including sexual orientation. nity and society at large. social attitude and maintained within each DESISLAVA PETROVA Bulgarian Gay Organisation For this new legislation to be effective, LGBT people in Bulgaria are still dis- generation. Gender norms are strictly GEMINI

European Social Platform study visit In the end of have members in Latvia, there is no radio interview, he was informed and declared as breaching Latvian November, single organisation in Latvia repre- about the decision of the LELC to labour law. Such outcome would

Latvia ILGA-Europe senting LGBT people and lobbying for expell him from the priesthood. be extremely important as the EU took part in a their rights. As we reported in the last Now Sants is working in an open equal treatment directive is not yet study visit to issue of the Newsletter, the Latvian parish which is officially registered transposed and sexual orientation Latvia organised parliamentarians refuse to ban sexual by the Latvian state department on discrimination is not explicitly Maris- Sants by the European orientation discrimination despite religion and whose members are banned. Alexei Dimitrov is enthusi- Social Platform Latvia's EU obligation to do so. predominantely LGBT people. A astic about the result of the first which brings together European Platform representatives had also a few months ago he applied for a court hearing when the judge organisations working towards EU's chance to meet various Latvian offi- job as teacher of religion at the asked for more evidence on media progressive social policies, including cials. One of them was Nils Christian school. His application was coverage of Sants' excommunica- ILGA-Europe. Since the 10 new Muiznieks,> Minister for Social refused. Sants had no doubts he tion. This event was widely cov- member states joined the EU last Integration Affairs. When asked to was refused employment simply ered both by Latvian and foreign May, the Platform is organising such comment on LGBT issues, he because of his sexuality and now is LGBT media. The next court hear- visits to these states. stressed how difficult it is even to taking legal action against the ing is due in February 2004. raise this issue and compared school. The school which rejected During this visit we had an opportunity addressing LGBT issue to a "political Sants' application insists they did not The other positive outcome of this to meet many Latvian NGOs, explain suicide" in Latvia. know about his homosexuality. trip is that ILGA-Europe has now what the Platform does and encour- The positive outcome of the visit Alexei Dimitrov, Sants' lawyer who established new contacts with age Latvian NGOs to join the was meeting Maris- Sants, excom- previously worked for the Latvian Latvian activists and will work Platform's members and to co-oper- municated minister of the Latvian Ministry for Social Integration, is together with them in order to obtain ate among themselves. This was also Evangelical Lutheran Church hopeful that the case will be the funding for the groups in Latvia. a useful trip from the LGBT perspec- (LELC). Within 30 minutes after first in which sexual orientation dis- tive. Currently ILGA-Europe does not Maris- Sants came out during a crimination would be aknowlegded JL

»P16 ILGA-EUROPE NEWSLETTER Switzerland:

Details on the partnership law Federal legislation. The referendum will presumably take place in June 2005. It In June 2004 the Swiss includes various obligations, e. ed in to the competent authorities will be the first time ever that a whole Parliament cleared the final hur- g. the obligation for both partners in Berne on 7 October 2004. nation, by way of referendum, will have dle for a new law allowing to mutually assist each other. to decide on registered partnership leg-

same-sex couples to register The Swiss lesbian and gay associ- islation for same-sex couples. NEWS CLIPS their partnerships. It adopted a However, the Federal Democratic ations reacted on 23 October with bill that provides for, inter alia, Union, a small religious conserva- a colourful national demonstration, More information (in German, inheritance rights and immigra- tive party, succeeded in gathering gathering more than 6,000 partici- French and Italian): tion rights for a foreign partner, enough signatures (50,000 are pants and support from politicians www.partnerschaftsgesetz.ch. but denies the rights to mar- necessary) to force a nationwide of various parties. This was the sig- riage, adoption, in-vitro fertilisa- referendum. 67,532 persons had nal for the launch of their campaign SIMONE BRANDER tion and joint surname. It also signed the petition that was hand- to vote in favour of this piece of Lesbenorganisation Schweiz LOS

United Kingdom: Many LGBT organisations and legal professionals called these Civil partnership legislation adopted amendments unworkable and stated that this Bill would not be On 17 November 2004, the House as civil weddings, from registry proposal, the UK government con- the right vehicle for resolving the of Lords approved the Civil offices to stately homes. Registered ducted a consultation exercise, and legal problems for these groups Partnership Bill. The first registrations same-sex partners will enjoy all the 83% of responses supported the of people and a separate legisla- under the new Civil Partnership Act rights and responsibilities associated principle of a civil partnership tion should be developed to

2004 will not take place until next with marriage. scheme for same-sex partners. address their issues. When the NEWS CLIPS autumn. Once the act receives royal Bill was discussed at the House assent, it will require extensive The government's proposal for the During the early state of the par- of Commons, the conservative amendments to be made to the tax introduction of the civil registration liamentary debate, the conserva- amendments were removed and and benefits systems as well as scheme for same-sex partners was tive members of the House of the Bill was approved in its origi- training for registrars. It will be possi- announced by the Queen during her Lords passed amendments that nal form during the final debate ble to hold civil partnership cere- annual parliament opening speech would extend partnership rights at the House of Lords. monies in exactly the same venues on 26 November 2003. Prior to the to family members and carers. JL

riage is a warned against attempts to tamper Poland: union with what he called "the irreplace- Preliminary approval between a able" institution of marriage-based man and a family in an apparent reference to to same-sex partnership woman." "If moves like granting gay couples rights this bill was social benefits. implement- Maria Szyszkowska ed, it would Szymon Niemiec, the head of On 3 December 2004, Poland's them inheritance rights and other bring irreparable social damage for Poland's Association of Gays and upper house of parliament legal guarantees -though not the marriage and family and upbringing of Lesbians, said the upper house's NEWS CLIPS approved a bill that would give gay right to adopt children. Senator children," Kloch said. "The church has decision is a "huge success for couples legal partnership rights, Maria Szyszkowska, a member of made its stand on the issue known Poland's democracy" but acknowl- immediately drawing sharp criti- Prime Minister Marek Belka's many times during meetings between edged it will be an uphill struggle to cism from the nation's powerful Democratic Left Alliance who the church and the government, and get the bill passed into law. "This is Roman . The sen- authored the bill, said the decision we hope such law will not be imple- the first very difficult and very impor- ate voted 38-23, with 15 absten- marks the "start of building toler- mented in Poland." tant step toward making this a normal tions, to send the draft to the lower ance in Poland." country," Niemiec told Polish news house, or Sejm, where the bill was Pope John Paul II, a native of Poland agency PAP. "A long and hard road is expected to meet resistance. If it But Father Jerzy Kloch, spokesman whose words carry great sway in this still ahead of us, but the most impor- becomes law, the bill would allow for the Polish Episcopate, blasted the predominantly Catholic country, last tant step has been taken. This is a gay couples to register with city or measure, saying it violates Poland's month reiterated his outspoken oppo- huge change." town officials, which would give constitution, which reads that "a mar- sition to same-sex marriage. He Source: www.advocate.com

ILGA-EUROPE NEWSLETTER »P17 Germany: partnerships. According to news agency reports, Sterzinsky said Partnership rights extended in his sermon that even today protest against laws and law projects could be necessary if On 26 November 2004, the The Lesbian and Gay regarding inheritance and "they are contradictory to the

NEWS CLIPS Bundesrat (upper chamber of Federation in Germany (LSVD) income tax. In this regard the law of God". As an example he the Federal parliament) sup- welcomed the vote of the Federal government already mentioned the partnership law ported amendments to the Bundesrat and thanked the plans to put forward another bill for same-sex couples. existing partnership law. Social Democrats, Greens and that, however, will again require According to these amend- Liberals for their constructive the consent of the Bundesrat. In an open letter, the LSVD ments, registered same-sex co-operation on the issue. The Before the vote in the asked Sterzinsky to apologise partners are granted survivor's law presented by the Federal Bundesrat, 's cardinal for this unacceptable remark pension rights and can now government (SPD/Greens) Georg Sterzinsky, taking part in comparing the resistance adopt each other's children. could only pass because of the a Catholic service held in against the Nazis with opposi- However, there are still some support of the Liberals. LSVD Szczecin, Poland, in commem- tion against equal rights for areas where improvement is has called upon the Christian oration of eleven Catholic same-sex couples, the less so needed, for example in the field Democrats (CDU/CSU) to final- priests executed 60 years ago since thousands of homosexu- of inheritance and income ly accept societal realities and for criticising the Nazis, had als were persecuted and mur- taxes. Joint adoption is still not to co-operate constructively in called for resistance to any kind dered by the Nazis. possible. further improvements to the law of legal upgrading for same-sex KLAUS JETZ

The project aims at promoting the integration of lesbian, gay, bisexual and transgender com- munities by means of publication and distribution of informational materials, creation of profession- al networks for tolerance, work outside the capital city of Chisinau, ( and HIV/AIDS preven- NEWS CLIPS tion. For these purposes profes- sional and institutional develop- ment of GenderDoc-M is impor- tant. Experts from Moldova and abroad will be involved. The proj- ect consists of four programmes: information campaign, regional development, HIV/AIDS preven- tion and institutional development.

Today, sexual minorities belong Cordaid programme co-ordinator to the most excluded groups in Moldova: Piet van Gils, Dutch Honorary Moldovan society, suffering from Consul Robert de Groof, repre- discrimination and violence both Dutch development sentatives of Moldovan civil socie- by public authorities, police and ty, international organisations (UN, often relatives and family. foundation supports OSCE) and the media were pres- ent when the project was present- For additional information please LGBT rights ed in Chisinau, ( Van Gils said that it contact GenderDoc-M at: v The Dutch development founda- isation GenderDoc-M over the next is the first time that Cordaid offers [email protected] tion Cordaid, which values are three years in the implementation support to lesbian and gay eman- or visit our website: based on social Catholic doctrine, of the project "Social Integration of cipation, and he looks forward to a www.gay.md will support Moldovan LGBT organ- LGBT in Moldova". fruitful cooperation. MA

»P18 ILGA-EUROPE NEWSLETTER United Kingdom: New research on prejudice

New research demonstrates that prejudice against minority groups Researchers carried out in-depth interviews with individuals and is still commonplace among white majority Britons. Even where tol- focus groups in London, the West Midlands and the West Country. erance exists, it can be grudging, and some people still consider Attitudes towards disabled people, asylum-seekers, minority ethnic

their prejudices well founded. groups, lesbians and gay men, Gypsies, women and transsexuals NEWS CLIPS were examined. "Understanding Prejudice" builds upon polling conducted for Stonewall, the British LGB rights organisation, which found that two Jacqui Smith MP, minister of state at the Department of Trade and in three people admitted prejudice against one or more minority Industry, who has written the foreword for "Understanding groups. Prejudice was felt most strongly against asylum-seekers Prejudice", said: "I'm pleased that Stonewall has recognised the and travellers. Older people and the disabled were subject to the importance of the links between different types of prejudice. This least prejudice. report exemplifies exactly the sort of 'cross-strand' approach to the equality agenda that will be demonstrated by the Government's pro- "Britain is growing up and beginning to recognise and celebrate dif- posed Commission for Equality and Human Rights." ference but, sadly, there are still all too many pockets of prejudice "Understanding Prejudice" was carried out for Stonewall by against minority groups", said Stonewall chief executive Ben Professor Gill Valentine of the University of Sheffield and Ian Summerskill. "This report highlights the fact that prejudice is not McDonald of the University of Brighton. The full report is available constrained by culture or background." at Stonewall's website: www.stonewall.org.uk JL United Kingdom: Montenegro: Homophobic murder Hooligans threatening in London LGBT activists

David Morley, 37, was attacked by a gang of young people in South On 16 November 2004, a seminar on LGBT issues was organised by Free London early on October 30. He suffered a ruptured spleen, broken Rainbow, a new LGBT organisation in Montenegro, in cooperation with the ribs and 40 bruises, and died in hospital later that day. Police COC Netherlands. The organisers were planning to hold a press conference believe the violence, which took place in South London was aimed on 17 November. However, prior to the press conference, the organisers NEWS CLIPS at gay men leaving the nearby club Heaven. received threatening calls indicating that the football supporters’ organisation 'Varvari' was preparing attacks on the participants of the press conference. Six people have been arrested in connection with the murder. They range in age from a 14-year-old schoolgirl to a 19-year-old market trader. LGBT activists immediately informed the police but still cancelled the press conference following the advice of the OSCE on the 'non-reliability' of the At a public question and answer session, London Mayor Ken police force in Montenegro. The night before the planned press conference, Livingstone announced that two of the attackers took pictures of the 'Varvari' members were already gathering in the centre of Podgorica search- beating on mobile phones. ing for the LGBT seminar participants and attacked two gay men in a park.

On 5 November 2004, over 1000 people took part in a candlelit vigil On the morning of the planned press conference the 'Varvari' members and memorial procession outside the Admiral Duncan pub in central gathered in front of the national press centre not knowing that the press London. David Morley was a barman at this pub on the night of the conference was organised elsewhere. 1999 nail bombing. On the morning of 19 November another interview on the national television was London police are still searching for a man who stabbed a gay man scheduled by the LGBT activists. About 50 members of 'Varvari' gathered in front in a separate attack on a London night bus in November 2004. of the studio. When arriving at the studio, the LGBT activists had to be protected by the police force from attacks by stones, verbal and non-verbal violence. The Sources: www.uk.gay.com and www.guardian.co.uk attackers were trying to hit Free Rainbow activists and shouted "We can not believe that the National TV can air this show, with homosexuals, because chil- JL dren watch and learn these things, which are bad." For more information: [email protected]

ILGA-EUROPE NEWSLETTER »P19 Postcards from Budapest

Photos: Olivier Collet, ILGA-Europe Miha Lobnik, ILGA-Europe Maxime, Van Ooijen, COC, , Janos Breznyik, Hatter

26th ILGA European Conference 27-31 October 2004