» AUTUMN 2005

VOL 5 ISSUE 3 NEWSLETTER ISSN 1378-577X www.ilga-.org

PRIDEPRIDE && PREJUDICEPREJUDICE » Amnesty International on freedom of expression » Chisinau,( Bucharest, , … is next? » free speech versus religious belief The European Region of the International and Association

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Table of Contents

3 Staff news Message from Patricia 4 ILGA European Conference 5 Revising ILGA-Europe Constitution A very warm welcome to the autumn edition of our 6 News from ILGA-Europe Newsletter! 7 Solidarity Hope you all had a nice summer. For some of us, summer was a 8 Amnesty International on freedom of expression 12 Moldova: court overruled a ban on LGBT demonstration relaxing and carefree period; for others, it was a frantically busy 12 Poland: law and justice for all? time, organising pride events. For many in Europe, the summer 14 : tales to the streets ended up being very hot! While in many places the Pride events 16 Romania: victory for LGBT community were as colourful and celebratory as usual, in some parts of 17 : passions around pride event Europe they resulted in bitter battles against and 18 Netherlands: freedom of speech v religious belief homophobia. LGBT people in some corners of Europe have had 19 News clips to challenge not only ultra nationalists and Christian fundamental- ists, but also Prime Ministers (Latvia) and city mayors (Chisinau,( Warsaw, Bucharest) for their right to peaceful demonstration and The ILGA-Europe Newsletter is Anmeghichean, Stephen Barris, the quarterly newsletter of Anders Dahlbeck, Diane Fisher, expression. That is why this issue of our Newsletter is entirely ILGA-Europe. Volume 5, issue 3, Riccardo Gottardi, Jackie Lewis, dedicated to freedom of expression. autumn 2005. Omar Nahas, Pierre Serne, Katrina Z.S. Schwartz, Tomasz Front cover: Szypula At the end of this month, many of us will gather in for our First LGBT Pride March in Rîga, annual conference. The work programme promises some chal- Latvia Sergej Samilenkov Design & layout: lenging - but exciting - discussions and workshops on a wide Silja Pogule range of topics. On top of the work programme, the local organis- Editor: www.siljadesign.lv Juris Lavrikovs ers promise the participants unforgettable, glamorous and truly Printer: Sofadi Parisian social programme and entertainment! Proof reading: Jo Semlyen, Nate Nicholson, Next Issue: December 2005 From this September the Euroletter is being produced by ILGA- Tracy Findlater Deadline: 10 November 2005 Europe' staff. We would like to say a huge THANK YOU to LBL in Contributors: and especially to Steffen Jensen who has been editing Nikolai Alekseev, Maxim and publishing the Euroletter on behalf of ILGA-Europe since 1990. Euroletter became a trustworthy source of information on © ILGA-Europe. Reproduction permitted, the political and legal advancement of LGBT rights in Europe not provided that appropriate reference is made only to activists, but also to academics and politicians. Our thanks to the source. also go to all who were involved in editing the Euroletter: Peter Bryld, Torry Kjeldsen, Ken Thomassen, Lisbeth Andersen, Sanne Johl and Soren Baatrup. This Newsletter is published publication does not necessarily with the support of the European reflect the position or opinion We hope you will enjoy this Newsletter and look forward to seeing Commission – The European of the European Commission. many of you in Paris! Union against discrimination. It is not liable for any use that The information contained in this may be made of this information. PATRICIA PRENDIVILLE ILGA-Europe's Executive Director

»P2 ILGA-EUROPE NEWSLETTER Council of Europe and the EU), New welcomes! development of the Eastern European LGBT movement and New Programmes work on issues. Lobbying the OSCE will be car- ried out around hate crimes, Director Staff News police trainings, explicit inclu- ture and arts, including cine- sion of , gen- levels. At national level, matography, theatre, opera and der identity and gender expres- Maxim Anmeghichean Maxim was also a member literature, are among his many sion into the ODIHR (Office for of the NGO Council, found- personal interests. Democratic Institutions and Having graduated from ing member of the National Human Rights) mandate. Moldovan State University in AIDS Network, and board For the past three years he has Council of Europe work will the field of journalism and com- member of the National been actively involved with ILGA- evolve around the freedom of munication sciences, Max has Youth Council of Moldova Europe as a board member, taking assembly and promotion of linked all of his professional life (NYCM), having in his man- part in development of IE's Eastern cases to the European Court of with the LGBT movement. He date capacity building and European work, lobbying before the Human Rights. Mechanisms, has over five years of experi- organisational development. Council of Europe and the provided by the European ence within the Moldovan LGBT Within the NYCM Maxim has European Union, and fundraising. Union in relation to its neigh- movement (Information Centre coordinated a TACIS-funded bours will be used to promote "GenderDoc-M"), starting it real- project on promotion of His new post with ILGA-Europe rights of LGBT people in ly from scratch and developing, social inclusion using psy- is a professionally challenging Eastern Europe. To make all together with the team, into a chosocial animation tools one. It combines advocacy this work a reality with proper strong and respected organisa- (social video, theatre forum, work before three major resources, fundraising will be tion at national and regional etc.). Not surprising, as cul- European institutions (OSCE, one of the priorities as well.

New Policy Officer (Networks)

based on race, ethnicity and a research assistant to the UN experiences, she grew to religion. In the context of grad- Special Rapporteur on freedom believe that fighting for the uate research and various vol- of expression, she was rights of victims of discrimina- unteer activities, she paid involved in drafting the first let- tion based on sexual orienta- attention to social exclusion ter signed by UN experts which tion and is a

Evelyne Paradis and racial discrimination in called for submissions of infor- key priority for the human Staff News housing, education and mation on violations based on rights movement. Originally from Canada, employment. Evelyne also par- sexual orientation or gender Evelyne has been working in ticipated to the preparation of identity. As an NGO represen- Evelyne completed studies in the field of human rights for the European and UN confer- tative to the Commission on history, political science and over six years. She has worked ences against racism as a visit- Human Rights from 2002 to European affairs in Canada and for the UN High Commission ing researcher to the European 2004, she followed closely in France. She holds a Master's for Human Rights, the Council Commission against Racism negotiations of a resolution on degree in political science from of Europe and human rights (1999) and a member of the sexual orientation, and pub- Carleton University (Canada). NGOs in Canada, including Secretariat of the 2001 World lished articles in human rights Human Rights Internet and the Conference against Racism. newsletters. In 2005, she pre- I warmly welcome the new Action des Chrétiens pour sented a mission report on sex- additions to our team in l'Abolition de la Torture. Evelyne's commitment to ual minorities before the UN Brussels and am delighted we human rights and to advancing Human Rights Committee, on have such dedicated profes- Much of Evelyne's academic protection against all forms of behalf of the International sionals joining the team. and professional work has discrimination led her to work Research Center for Social focused on discrimination on LGBT issues. In 2001, while Minorities. Through these PP

ILGA-EUROPE NEWSLETTER »P3 ...yet another good bye...

In September ILGA-Europe ing to the OSCE HDIM He will be missed a great deal says goodbye to Miha (Human Dimension by the organisation but we wish Lobnik, project assistant for Implementation Meeting) that him the best of luck in his new the Eastern Europe, Council helped pave the way for our professional and personal life, of Europe and Transgender developing collaboration with as well as for his return to programmes. Miha has been ODHIR (Office of Democratic grass root activism - we are invaluable for his expertise Institutions and Human confident that we will continue Miha Lobnik

Staff News on East European issues and Rights). On that occasion we to hear a lot about him. has played a crucial role in had the opportunity to appre- the implementation of our ciate not only his great skills JACKIE LEWIS OSI funded Health Project. as a presenter, but also his RICCARDO GOTTARDI Also very significant was his capacity for networking and Executive Board Co-Chairs contribution to the side meet- managing events.

Let's live La Vie En Rose in Paris!

So! here we are, a few days bers. This way the participants tion in the main hall of the luxu- to make their own discovery of from Paris conference. It's will have a more coherent and rious Paris City Hall; a closing the busy city night-life, you will been quite a thrill (and a efficient manner to follow the party in a trendy nightclub; receive a package with tremendous lot of work…) conference and to work. There many other wonderful things. coupons for parties, free drinks, from the time, 3 years ago, will also be more open spaces You will find that we have also special offers in many LGBT when we thought about Paris' for proposals by members in organised an exciting series of places in Paris … candidature to host the confer- terms of the conference pro- events for lesbian delegates, ence through to the opening gramme. Don't forget for those including a walking tour of les- Well, knowing all this, you can- this October… We would like who can, there are also two bian Paris, an exclusively les- not hesitate. You have to come to tell you a little more about pre-conferences on 24 and 25 bian party marking the opening to the Paris conference. We what is actually going to hap- September, one on AIDS of the international lesbian film will do our best - and more - to pen during the week of the (organised by CRIPS) and one festival of Paris (Cineffable) welcome you and make sure conference. on LGBT families (organised by and other events… You will, of you have the best ILGA- APGL). course, be able to taste and Europe conference ever! First of all, about the work pro- enjoy unique French gastrono- gramme. There was a choice Now, moving onto the social my throughout! More information: this year to have workshops program. We have prepared all www.ilgaeuropeparis2005.org gathered more thematically kind of events for you - some All this was made possible, http://www.ilga- under such topics as Family, of them we are sure you won't most notably, because of our europe.org/conference/Paris/i Employment, Multiple forget for a long time… A few partners - especially the City of ndex.html Identities, Social Inclusion, examples : a dinner in a very Paris and IBM. Also thanks to Health and Capacity Building classy and hip restaurant on the SNEG (Union of LGBT PARIS TEAM for ILGA-Europe and its mem- the Champs Elysées; a recep- enterprises) for those who want ILGA-Europe Paris 2005 ILGA European Conference ILGA European

»P4 ILGA-EUROPE NEWSLETTER The review of ILGA-Europe Constitution and Standing Orders enters its second phase. One more step… The review of ILGA-Europe Constitution and Standing Orders has others with a more mod- started in Glasgow, when conference approved a proposal by erate impact. SETA to this effect. The board decided to consult with members on various issues before putting forward specific proposals. As out- Any changes to the lined in the Board's report to the Budapest conference the follow- Constitution and Standing ing year, one of the weakest points was the low level of members' Orders approved in Sofia involvement in the two rounds of consultation that took place would not, however, take between the Glasgow and Budapest conferences. On the other effect until the 2007 con- hand, participation during the Budapest conference workshops to ference and until then discuss the proposed amendments was significant, so much that ILGA-Europe would be an extra workshop had to be scheduled, and interest and debate using the rules approved during the plenary sessions was very high. in Budapest in 2004. It makes all the more It appeared that there were major drawbacks in the communica- sense, therefore, to start discussions in Paris, not only to initiate the tion systems within the organisation that had made it difficult to debate but also to try and have them take effect sooner. participate in the consultation between the two conferences. This year's proposals are mainly aimed at increasing members' In Budapest several amendments have been approved, but it was involvement in the board and in securing continuity and sharing of felt that this process of review was not over and had to enter a skills within board. To promote participation it is proposed that a second phase. So conference mandated the Board to "set up a limit is put to the number of consecutive terms a board member process to initiate a second phase of consultation with members in can serve. To support continuity it is proposed that the term of order to look carefully at our structures with a view to realising a office be increased to two years and an additional proposal is stronger organisation, more capable of acquiring the competencies made to have only half of the board elected each year. needed to achieve its goals, and more representative of the diver- Hopefully these proposals will stir a good debate in Paris to serve sity of its constituency" and that this second phase had to "be as a starting point for improving ILGA-Europe's structure and pro- aimed at putting forward proposals to the 2005 and/or 2006 cedures and for their review process. Conference, including proposals for further changes in ILGA- Europe's Constitution and Standing Orders". RICCARDO GOTTARDI PIERRE SERNE The only problem is that an effective consultation process could be ILGA-Europe Executive Board started only when ILGA-Europe's communication strategy and the corresponding systems were in place. Doing otherwise, following on from last year's experience, would have been a waste of time and energy for everybody. New ILGA-Europe's

Shortly before the Paris conference they are expected to be up and website running thanks to our Information and Communications Officer. It was considered more effective to put forward some proposals for is coming soon! preliminary changes to the Constitution and Standing Orders and We are planning to re-launch our re-designed and improved use them to start a debate. This debate could then be carried on after the Paris conference taking advantage of the new communica- website in October 2005, tion tools in place by then and be concluded in Sofia in 2006. watch this space!

Presumably, therefore, in Sofia members will have the opportunity to vote on several different proposals, some with an ambitious and www.ilga-europe.org far reaching impact on ILGA-Europe's structures and organisation,

ILGA-EUROPE NEWSLETTER »P5 That rope, is it linen or synthetic?

Two young men were hung in early July in of their execution. After all, death penalty is a public square in Iran. Whether they were revolting enough. Others were worried about gay or not as it was reported and later increasing Islamophobia. Some went so far as denied, does not really matter: Iran remains to suggest that calling the boys "gays" was just one of the 9 countries in the world where another reminder of how we force "western" being gay or lesbian merits you a meeting values on others. In doing so, they've sung with the undertaker. The claims that Iran from the same hymnbook as religious funda- may have started to execute LGB people is mentalists who consider that being LGB is a certainly the news of the summer. For choice fostered by decadent western culture, those of you who did not know Iran has thus justifying the criminalisation of same sex. one of the most death-hungry judiciaries, it has been a rude awaken- ing. For LGBT and human rights groups it has been an exhausting Were we framed? By a western conspiracy against Iran? By oppo- exercise, because a condemnation may not be the best way to help nents to the regime? Or by Iran, which may have wanted to show it folks on the ground, but also because of the gay factor. deals with internal affairs as it pleases, in spite of the West? Or on the contrary, because it can no longer bluntly execute LGB people Nothing allows us to know whether the two men were hung for being and needs to cover it? Whatever the reason, the exercise leaves a gay or for raping a 13 year-old boy, the "other crime" claimed by the bitter taste as we may have been once again instrumentalised. Iranian Justice. This first case was quickly followed by another in which News from ILGA from News Iran was set to execute two other youths late August. Each time the The decision of the Dutch and Swedish governments to temporarily most contradictory news circulated on their alleged crime. Each time, put an end to the deportation of LGB asylum seekers from Iran has was quoted then denied by human rights NGOs. only been possible thanks to a few dedicated LGBT groups such as COC and RFSL which used this horror to act. We can only be Some of us were scandalised that gays were so interested in the "reason" grateful to them.

"Lesbian and Bisexual ILGA's work featured on Women's Health - Global ARTE and ZDF

Concerns, Local Issues": become more radical? The TV crew also follows ILGA activists a new ILGA report. invited by Campaign against type of information and facilitates Homophobia and ILGA Europe its dissemination" regrets Patricia in Auschwitz and covers the Curzi, ILGA's Women's Officer. In Pride march banned by order to highlight positive initia- ARTE and ZDF dedicated a Krakow's mayor. Impressive tives to promote health amongst night on LGBT rights in Europe images of Pride in 2004 show lesbian and bi-sexual women, and in the world August 30th. A how homophobia is still very ILGA is collecting information on documentary, "At the end of the much a violent issue in Eastern prevention campaigns, training rainbow" offered a good show Europe. The documentary is a seminars, studies, leaflets... The of ILGA's work at the United production of Galeria Alaska, material will be advertised in a Nations last April. COC, Pink some of us may recall for both report with a short presentation of Panthers, Helem and Outrage "TALK STRAIGHT - The the organisation that issued it. were also featured in an World Of Rural " "We want to give the opportunity attempt to answer the ques- which won a Teddy Award in to women in each region to illus- tions: What is left to do for 2003 and "CYCLE OF "Many organisations produce trate their work, to inspire each activists in Europe when same PORNS", a documentary about material on lesbian and bisexual other as well as express their sex marriage is on its way in the lives of aging porn actors. women's health but there is not, opinion on the work done or its many countries? How can to our knowledge, any interna- absence in the field of health pro- LGBT live as Muslims or STEPHEN BARRIS tional platform that collects this motion for us". Catholics when religions ILGA's Communications Officer

»P6 ILGA-EUROPE NEWSLETTER Made in Norway

Western European LGBT (they posed for free). The cal- organisations have a long tradi- endars caused quite a discus- tion of supporting LGBT move- sion in Norwegian society; the ments in countries where there cover being on the front pages Queer Solidarity is still oppression and discrimi- of several newspapers. And of nation. The support can have course, this very fact already different forms: funding, capaci- attracted significant public ty building, presence at impor- attention to the idea of queer tant political events and prides, solidarity itself. Famous lobbying before governments to Scandinavian people of art put pressure on the oppressing donated their personal items state. It takes a team of coura- and pieces of art for an auc- geous and devoted people to tion, some performed for free put such work in place, and a in a concert, all the money sincere desire to help. Starting raised going to two LGBT small, international solidarity organisations in the focus can grow into bigger projects countries - no administration and support, beneficial and cost involved, as it is covered rewarding for both sides. already by sponsors. Norwegian LGBT activists found their own way of For activists from Moldova and expressing queer solidarity, Murmansk meetings with vari- developing and implementing a ous Norwegian LGBT organi- model, which could be replicat- sations, trade unions, general Jon Oigarden , Norvegian actor featuring on January page ed in other countries. human rights organisations (such as Norwegian Helsinki Norwegian government to be days all over Europe. Queer Solidarity is an inde- Committee and Amnesty more supportive of the LGBT Demonstrations for internation- pendent Norwegian organisa- International Norway) and cause in its development poli- al solidarity may give them tion which arranges fundraising AIDS-services were organised. cies and the talks already give back a political flavour on top events for LGBT people around In fact, Amnesty International positive results. Jason Pollack, of fun and local politics. There the world. It unites sincere and was co-organiser for the con- Director of Pride, the are good examples to follow. deeply motivated people, who ference on LGBT rights capital for the 2006 , Norway is one of them, but organise concerts, auctions, Eastern Europe. promised to organise similar there are also Pride, seminars during pride events in event in London next year. "I Pride, and some oth- to raise awareness on One of most amazing, true am sure I will find 12 ers. Will you be next? LGBT problems outside activist experiences was talk- to pose nude for a similar cal- wealthy Europe and fundraise ing from one of the parade endar, which will be sold for a If you want to organise simi- for the good cause. This year's floats in the main square of good cause. Go ask Iain lar events in your country solidarity events coincided with Oslo in front of thousands of McKellen, by the way [he was and want advise, please, visit Europride. The organisers were people about the importance of also off-stage to shortly receive www.skeivsolidaritet.no very creative and the events international work for countries the Europride flag for next or write to Marna Eide at successful. In the focus were with developed democracies. year's pride], I am sure he'll [email protected] Moldova and the Murmansk The whole parade stopped for agree to that (laugh)". So it area (north of Russia, border- five minutes, and people were may be that queer solidarity MAX ANMEGHICHEAN ing with Norway). One particu- listening to the stories of vio- events will become a tradition lar highlight was a calendar lence and discrimination taking for Europride. with a series of photos "Se min place in Eastern Europe. kjole" ("See my dress") of Hopefully not only for famous Norwegian heterosexu- As a follow up, Queer Europride! So many huge al men in fabulous dresses Solidarity is lobbying parades are organised these

ILGA-EUROPE NEWSLETTER »P7 Pride March in Poland, 2005 Freedom of Assembly Freedom of assembly is a human right. The right to peaceful assembly is protected in several inter- national legal instruments. However, this right is not always granted to all groups in all societies.

The aim of this article is to outline the international legal framework which protects the rights of everyone, including LGBT persons, to assemble and associate, and to explain in detail Amnesty International's position on LGBT rights, especially those relating to freedom of assembly. Amnesty International National and international laws protecting freedom of assembly

The right to freedom of assem- issues, that are seen by author- to freedom of peaceful assem- bly is in many parts of the world ities are threatening and worthy bly and association." protected by national constitu- of regulation. It is however tions. In most countries there beyond the scope of this article In 1966, the International are however restrictions on the to take into account all forms of Covenant on Civil and Political right to assemble, for example, assembly. Examples of LGBT Rights2 (ICCPR) offered what is by concerns for public safety, persons' right to assembly will possibly the most elaborate pro- health and morals. Authorities therefore primarily be exempli- tection of the freedom of assem- can also restrict the time, place fied with the right to marches bly in international law. Article 21 and manner of a demonstration and demonstrations. of the ICCPR outlines that "the to protect public order and safe- right of peaceful assembly shall ty. Some countries have also The right to assembly is general- be recognized. No restrictions banned demonstrations support- ly accepted as applying to every- may be placed on the exercise of 1Universal Declaration on Human Rights, adopted and pro- ing unconstitutional demands or one. However, certain groups in this right other than those claimed by General Assembly illegal organisations. specific countries feel that they imposed in conformity with the resolution 217 A (III) of 10 December 1948. have a hard time exercising this law and which are necessary in a A right closely related to the right to right. This includes the LGBT democratic society in the interests 2 International Covenant on Civil and Political Rights. General assembly is the right to association. community, but also, for exam- of national security or public safe- Assembly resolution 2200A (XXI), This right refers primarily to the right ple, Romani and traveller com- ty, public order (ordre public), the 21 U.N. GAOR Supp. (No. 16) at to join clubs, unions and other asso- munities, or other groups which protection of public health or 52, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171, entered into force ciations. Although this right is rele- society marginalises. morals or the protection of the 23 March 1976. vant to LGBT persons, this article rights and freedoms of others." 3 Convention on the Rights of the will focus on the right to assembly. International human rights law The Convention on the Rights of Child. Adopted and opened for also offers extensive protection the Child3 of 1989 offers similarly signature, ratification and acces- sion by General Assembly resolu- In many circumstances, it is the of the right to assembly. The worded protection of the right to tion 44/25 of 20 November 1989. ongoing organising, the smaller 1948 Universal Declaration on freedom of assembly in Article 15. Entry into force 2 September protests against specific laws or Human Rights1 states in Article 1990, in accordance with article 49. policies relating to LGBT 20 that "everyone has the right In the European context, the

»P8 ILGA-EUROPE NEWSLETTER Council of Europe (CoE), a Europe (OSCE), also have amongst other documents, arti- 4Convention for the Protection of Human Rights and Fundamental pan-European institution set up jurisdiction relevant to the free- cle 11 of the African Charter on Freedoms, as amended by in 1949 and which at the start dom of assembly. Article 12(1) Human and Peoples' Rights7 Protocol 11, , 4 November of 2005 had 46 member states, of the EU's Charter of which states that "every individ- 1950. has affirmed the right to free- Fundamental Rights5 states that ual should have the right to 5Charter of Fundamental Rights of dom of assembly both through "everyone has the right to free- assemble with others. The exer- the European Union (2000/C 364/01) 18 December 2000 its treaties and through the dom of peaceful assembly and cise of this right shall be subject Official Journal of the European case law of its European Court to freedom of association at all only to necessary restrictions Communities C 364/1. Amnesty International of Human Rights. The 1950 levels," while the OSCE has provided for by law in particular 6Document of the Convention for the Protection of enshrined the right to freedom those enacted in the interest of Meeting of the Human Dimension Human Rights and of assembly in Article 9(2) of national security, for safety, of the CSCE, 29 July 1990, Copenhagen. Fundamental Freedoms, as the Document of the health, ethics and rights and 7 amended by Protocol No. 114, Copenhagen Meeting of the freedom of others", and Article African Charter on Human and Peoples' Rights, adopted June 27, states in article 11 that Human Dimension of the 15 of the American Convention 1981, OAU Doc. CAB/LEG/67/3 "Everyone has the right to free- Conference on Security and Co- on Human Rights8 which states rev. 5, 21 I.L.M. 58 (1982),

6 entered into force 21 October dom of peaceful assembly and operation in Europe , which that "the right of peaceful assem- 1986. to freedom of association with declares that 'everyone will have bly, without arms, is recognized. 8 others, including the right to the right of peaceful assembly No restrictions may be placed on American Convention on Human Rights (Adopted at the Inter- form and to join trade unions for and demonstration. Any restric- the exercise of this right other American Specialized Conference the protection of his interests." tions which may be placed on the than those imposed in conformity on Human Rights, San José, Costa Rica, 22 November 1969). exercise of these rights will be with the law and necessary in a The two other large European prescribed by law and consistent democratic society in the interest intergovernmental organisa- with international standards". of national security, public safety 9In Toonen v. Australia, the tions, the European Union (EU) or public order or to protect pub- Human Rights Committee clearly and the Organization for Co- Outside Europe, the right to free- lic health or morals or the rights stated that: "...in its view, the ref- erence to "sex" in articles 2, para- operation and Security in dom of assembly is protected by, and freedoms of others'. graph 1, and 26 is to be taken as including sexual orientation." CCPR/C/50/D/488/1992 Amnesty International (AI) maintains that LGBT rights are human rights (Australia), 4 April 1992, para.8.7

AI maintains that all people, tudes and encourage the dehu- that "all members of the human 10The Committee on Economic, Social and Cultural Rights has regardless of their sexual orien- manisation of LGBT persons as family have equal and inalien- repeatedly addressed the impact tation or gender identity, should their very identity is criminalised. able rights", and that all are of sexual orientation discrimina- tion on the enjoyment of econom- have access to all human rights AI considers the use of "sodomy" entitled to all the rights and ic, social and cultural rights. This described in the Universal laws to imprison persons for freedoms it contains, "without has usually been done in consid- Declaration on Human Rights. adult same-sex relations in pri- distinction of any kind, such as eration of Article 2 of the ICE- SCR, indicating that this When someone's sexual orien- vate to be a grave violation of race, colour, sex, language, reli- Committee, like the Human tation or gender identity does human rights, including the rights gion, political or other opinion, Rights Committee, considers that "sexual orientation" can be read not conform to the majority they to privacy, to freedom from dis- national or social origin, proper- into the Covenant's non-discrimi- are often seen as a legitimate crimination and to freedom of ty, birth or other status". While nation provisions. The Committee was also the first Treaty Body to target for discrimination or expression and association, sexual orientation is not listed include explicit reference to sexu- abuse. Not only are millions of which are protected in the specifically as a protected cate- al orientation in its General people across the globe facing Universal Declaration of Human gory within the UDHR, many Comment 14 on the right to the highest attainable standard of discrimination and possibly Rights, the International activists, scholars and policy health (E/C.12/2000/4, para 18). imprisonment, torture, violence Covenant on Civil and Political experts have chosen to interpret 11See for example the 1994 deci- 9 and execution because of their Rights and the International the term "other status" as includ- sion of the UN Human Rights sexual orientation or gender Covenant on Economic, Social ing people targeted or persecut- Committee in Toonen v. Australia,

10 in which laws criminalizing homo- identity, but the very considera- and Cultural Rights . AI includes ed because of their sexual ori- sexuality were found to be in vio- tion of the issue is seen by in its interpretation of the term entation or gender identity. lation of the privacy and non-dis- many states as a threat to the "prisoners of conscience" per- Human rights standards and crimination provisions of the International Covenant on Civil core principle of the universality sons who have been detained or mechanisms created since the and Political Rights. More recent- of human rights. imprisoned solely because of UDHR was adopted have long ly, the Human Rights Committee found that the denial of pension their sexual orientation. recognised and affirmed the prin- benefits to same-sex partners vio- Laws implicitly and explicitly ciple of non-discrimination on lated the right to equal protection

11 before the law under the ICCPR criminalising homosexuality legit- The Universal Declaration of grounds of sexual orientation . (Case 941/2000: Young v. imise discriminatory social atti- Human Rights (UDHR) states Paul Hunt, the United Nations's Australia).

ILGA-EUROPE NEWSLETTER »P9 Special Rapporteur on the right of regarding 'Complaints of threats applies to activists who publicly everyone to the enjoyment of the and attacks against sexual advocate the rights of LGBT per- highest attainable standard of minorities and transgender sons. The defence of the rights of physical and mental health, noted activists, particularly in the human rights defenders is therefore in his report to the 60th session of State of Carabobo.'14 The CAT an integral part of the LGBT com- the UN Commission of Human has also expressed its con- munity's right to assemble. One of the first LGBT Rights: cerns regarding 'the reports marches in USA "...sexuality is a characteristic of all received concerning ill-treat- As Hina Jilani, Special human beings. It is a fundamental ment inflicted on men because Representative on Human Rights aspect of an individual's identity. It of their real or alleged homo- Defenders of the UN Secretary helps to define who a person is. sexuality, apparently encour- General, has said in an observation The Special Rapporteur notes the aged by the lack of adequate on the situation of human rights abiding principles that have clarity in the penal legislation.'15 defenders: "Of special importance shaped international human rights will be women's human rights law since 1945, including privacy, AI further believes that discrimi- groups and those who are active on equality, and the integrity, autono- nating against people because issues of sexuality, especially sexu- my, dignity and well-being of the of their role defending the al orientation and reproductive First LGBT Pride March individual. ...In these circum- human rights of LGBT persons rights. These groups are often very in Malta, 2005 stances, the Special Rapporteur is a violation of their fundamen- vulnerable to , to marginal- has no doubt that the correct tal human rights. LGBT organi- ization and to public repudiation, understanding of fundamental sations, working to protect peo- not only by State forces but by human rights principles, as well as ple from abuses and discrimina- other social actors."17 existing human rights norms, leads tion because of their sexual ori- ineluctably to the recognition of entation and/or gender identity Governments are obliged to respect

Amnesty International sexual rights as human rights. should be able to carry out their human rights defenders and the Sexual rights include the right of all work without fear or restrictions, legitimate work they do to protect persons to express their sexual unless these restrictions are and promote human rights as estab- orientation, with due regard for the prescribed by law and in accor- lished in the UN's Declaration on the First LGBT Pride March in Greece, 2005 well-being and rights of others, dance with international human Right and Responsibility of without fear of persecution, denial rights law and standards. Individuals, Groups and Organs of of liberty or social interference."12 However, when these restric- Society to Promote and Protect tions are arbitrarily applied by Universally Recognized Human Regarding women, the former authorities in order to suppress Rights and Fundamental Freedoms, 12E/CN.4/2004/49, 16 February 2004, para.54. Special Rapporteur on violence the assembly of specific groups commonly known as the Declaration against women, its causes and of people, AI notes that these on Human Rights Defenders, which 13Report of the Special 18 Rapporteur on violence against consequences, Radhika restrictions and laws are in was adopted on 9 December 1998. women, its causes and conse- Coomaraswamy, has noted that themselves discriminatory. quences, Commission on Human Rights, E/CN.4/1997/47, 12 women's sexuality is both regulat- Civil organisations also have a February 1997. ed and a target for family, commu- AI considers that this principle of duty to respect other organisa- nity, and state actor abuses. She non-discrimination extends to tions which are seeking to carry 14Committee against Torture, Concluding Observations of the claims, "women who live out their members of the LGBT communi- out activities for the public bene- Committee against Torture: sexuality in ways other than het- ty exercising their right to free- fit within the framework of the Venezuela, CAT/C/CR/29/2 (2002). erosexuality, are often subjected to dom of assembly and/or acting law and whose fundamental right violence and degrading treatment as human rights defenders. A to freedom of association cannot 15Committee against Torture, Concluding Observations of the … and that women, "unprotected" human rights defender is, and should not be restricted in Committee against Torture: by a marriage union with a man, according to the UN, a person any way. This means, for exam- Egypt, CAT/C/CR/29/2 (2002). are vulnerable members of the who "can act to address any ple, that counter-demonstrators 16http://www.unhchr.ch/defend- community, often marginalized in human right (or rights) on behalf are obliged to respect the right ers/about1.htm. community social practices and the of individuals or groups. Human of advocates of LGBT rights in

13 17(Report of the Special victims of ostracism and abuse." rights defenders seek the promo- settings such as Representative of the Secretary- tion and protection of civil and parades to assemble and asso- General on human rights defend- ers, E/CN.4/2001/94, paragraph In 2002, the UN's Committee political rights as well as the pro- ciate. It is further the obligation 89 g). against Torture (CAT) in its motion, protection and realization of the state to act with due dili- Concluding Observations on of economic, social and cultural gence to ensure that this duty is 18General Assembly Resolution 53/144. Venezuela expressed concerns rights"16. This definition clearly respected.

»P10 ILGA-EUROPE NEWSLETTER LGBT persons exercise their right to assemble July 1972 when approximately countries, people are taking advan- 2,000 persons marched down tage of their right to assembly. In Although a public event cele- simultaneous marches in five to Hyde Park. Sao Paolo in May 2005, organisers brating love between men was different US cities. About 2,000 estimated that almost 2 million peo- organised already in 1543 B.C. people participated in the New Since then, the concept of Gay ple participated in the Gay Pride in Sodom, arguably the first so- York march while 1,200 people Pride marches has slowly but sure- organised in the city. This is thought called Gay Pride event ever showed up for the Los Angeles ly spread throughout the world. to have been the biggest LGBT was the 1969 'rebel- march. In November 1970, a Marches advocating LGBT rights event ever. In recent years, cities Amnesty International lion', which started as a protest first, small, march was organ- and celebrating LGBT pride are such as Cape Town (South Africa), against discrimination and vio- ised by the now established events in a diverse Warsaw (Poland), Seoul (South lence by police against LGBT Front in London's Highbury range of countries, including Korea), Mexico City (Mexico) and persons in New York City. This Fields. The first proper Gay Australia, Sweden and . Jerusalem (Israel) have all hosted was followed a year later by was held on 1 However, also in non-Western Gay Prides or similar events.

AI actions on LGBT persons' right to freedom of assembly Looking forward

However, LGBT persons are organisations. overturned in an administrative LGBT persons' right to associate often impeded in their attempts court and the march went and assemble is still threatened in to lawfully assemble and associ- AI further recommended that the ahead. many parts of the world. ate. In 2005 alone, public LGBT police and judicial authorities in However, as the major cities in events have been stopped, or Serbia should in future act with AI expressed its deep concern countries like the UK, the US, attempted to be stopped, in e.g. due diligence to protect LGBT regarding the comments made Australia and Germany are joined Poland, Moldova, Romania and people against violence from the by the Latvian prime minister in their Gay Pride celebrations by Latvia. When the LGBT commu- wider community. AI also urged and by the deputy speaker of cities like Kathmandu, Sao Paolo, nity is impeded from assembling, the authorities to make clear that the parliament and the effect Cape Town and Seoul, one can this is often justified by claims such violence is a criminal offence they may have had on the sub- only hope that the right to assem- that public LGBT events threaten and will not be tolerated, and that sequent violence against those bly will become increasingly avail- public order and public safety, specific directives and training who participated in the march. able for LGBT communities and public health. should be given to law enforce- AI said it feared such com- around the world. ment officials on their duty to pro- ments from the authorities AI has spoken out against vio- tect the human rights of all individ- might have encouraged a cli- It is important to remember that lations against LGBT communi- uals, regardless of their sexuality, mate of intolerance and hatred, the right to peaceful assembly is ties' right to assemble on sever- and on how to identify and investi- and that they could have incited not only a desire, it is a human al occasions. In July 1996, AI gate homophobic crimes. verbal and physical attacks right, for everyone. As the LGBT spoke out against the failure of against LGBT persons, such as movement and the human rights Zimbabwe to protect LGBT In December 2004, AI spoke out those that took place during the movement move forward, activists during the Zimbabwe against the way sections of socie- Gay Pride march. Amnesty International hopes that International Book Fair. The ty, the legislature and others in expressing their desires through lack of police protection from Honduras had condemned AI reminded the Latvian gov- the human rights paradigm, groups which had threatened to Honduras' Interior Ministry's deci- ernment of Latvia’s obliga- increasing numbers will be able attack local NGO Gays and sion to grant legal recognition to tions under international to exercise their right to assem- of Zimbabwe (GALZ) three LGBT organisations19. human rights law and urged bly and association, and thus be during the book fair resulted in to uphold the rights of to free- empowered to advocate their GALZ activists not being able to In July 2005, AI reacted to a dom from discrimination, free- own rights, and to live their lives carry out their work as human decision of the Riga city council dom of expression and in freedom and dignity. rights defenders. to withdraw permission for the assembly encoded in the ANDERS DAHLBECK first LGBT Pride march in Latvia. International Covenant on Amnesty International In July 2001, AI condemned the The withdrawal came after a dis- Civil and Political Rights. AIl International Secretariat authorities in the Federal approving statement by the further urged the Latvian London Republic of Yugoslavia (FRY) Latvia’s prime minister who stat- prime minister to exercise for the failure of the ed that Latvia is a state based leadership to ensure that the police to protect the participants on Christian values and that sex- Latvian government actively in Serbia's first Gay Pride ual minorities should not be promotes these rights and 19http://web.amnesty.org/library/ Celebration from assault by allowed to march in the capital’s work to build a society where Index/ENGAMR370152004?ope homophobic individuals and centre. The withdrawal was later they can be enjoyed by all. n&of=ENG-HND.

ILGA-EUROPE NEWSLETTER »P11 and legal recognition of same- illegal and charged them to pay Court Declares Illegal sex relationships was to be the state tax and to reimburse held on 20 May 2005 within the GenderDoc-M's expenses. the Refusal to 4th Moldovan LGBT Pride. In his rejection letter the interim The GenderDoc-M vice-director Authorise a Public city mayor Vasilie Ursu made Boris Balanetkii says: "The reference to the fact, that court's judgment follows the Moldova "has already a law on European human rights stan- Demonstration by a national minorities" and there is dards and shows that even in no point in a demonstration. Moldova the rule of law may be Gay Organisation During the discussion by the a reality for its LGBT communi- municipal committee of the ties. We call upon Council of declaration to hold a demon- Europe, OSCE and EU to put stration, such reasons as pressure on our government, as Moldova church opinion and the fact that well as Polish, Romanian and "in Moldova minorities are Latvian authorities in enforcing more protected than the the right to public demonstration". healthy and native population" were mentioned. The Chisinau( Municipal Authorities keep pursuing their The Court decision states: "It is phobic attitudes by having incontestable that GenderDoc-M appealed the court's decision in enjoys the right to organise the Supreme Court, the hearing peaceful demonstrations in to be held in September. accordance with the article 40 of GenderDoc-M, the only organi- Hans Ytterberg (Ombudsman against Sexual Orientation Discrimination, Sweden), Maxim Anmeghichean (ILGA- the Constitution". The Court sation in Moldova to promote Europe), and Alexei Marcicov, President of GenderDoc-M underlines that "making a deci- LGBT rights, plans to organise sion on authorisation or refusal a public pride demonstration to authorise a public gathering next year in May during its The Moldovan Court of Appeal has to the court by the Information can not be conditioned by the anniversary 5th LGBT pride. declared illegal and void the refusal Centre GenderDoc-M in May 2005. nature of problems upon which of the Chisinau( municipal authori- public demonstration participants For more information please ties to give permission for a public The peaceful demonstration in want to draw the attention of the visit www.gay.md pride demonstration by a gay support for anti-discrimination society". The court found the organisation. The case was brought legislation for sexual minorities municipal authorities' decision MAX ANMEGHICHEAN

It all began just seven days after Youth threw teargas at the fem- Poland joined the European inist and anti-homophobic Is Law and Union…. Equality March. On May 7, 2004, in Krakow, skin- Justice for heads, hooligans and members The Poznan event wasn't even of the All-Polish Youth, attacked a organised by any gay or les- all? peaceful demonstration of gays, bian organisation, rather by the lesbians, and their supporters Green Party and feminist with stones. One policeman suf- groups. But fascists from the fered in an attack with caustic other side saw no difference as acid. People who took part in the to who organised the Poznan March for Tolerance had to run March. They shouted: "Faggots for cover. Some of them were and Dykes go home!" injured. Police had to use rubber bullets to disperse the attackers. Two members of Poznan City Events took a similar course in Council, Przemyslaw Poznan. On November 20, 2004, Aleksandrowicz and Jacek Poland after joining EU Poland members of the All-Polish Tomczak, both from the Law and

»P12 ILGA-EUROPE NEWSLETTER Justice (PiS) party, said: "This Mayor has no right to ban a say 'zero tolerance for homosexu- exert pressure on Polish March promotes homosexuali- peaceful demonstration and als'. They should be separated authorities. Without the EU and ty, paedophilia, zoophilia and that his ban was against Polish from the rest of the society. Those organisations working on the necrophilia." The organisers of constitution. Organisers of the who are openly gay should be European level - like ILGA- the March sued them for crimi- Gay Pride 2005 event in exposed to social intolerance. Europe - we would have nal slander. On May 20, 2005, Warsaw are going to take Lech Those who say that they are gay nobody to turn to for help. Of Justice Agnieszka Chlebos Kaczynski to the European in their workplace should be fired." course, nobody will change the issued the following ruling: The Court of Human Right in situation for us and we have to Poland after joining EU two politicians can't be sen- Strasbourg. According to opin- Since then, LGBT people all over do it on our own. tenced for a criminal offence ion polls, Lech Kaczynski has a Poland have increasingly fallen vic- because by comparing homo- great chance of becoming the tim to harassment and physical Second - Polish Leftist parties sexuality to paedophilia, president of the Republic of abuse, including two people being operate in a strongly Catholic zoophilia and necrophilia they Poland. If Gay Pride organisers shot and wounded in front of an society. The Catholic Church just said loudly what ordinary win in the Strasbourg court, LGBT club in Katowice. One of has a huge influence on the Poles think. It means that Lech Kaczynski may be the first them, Marzena Rozlach, is a social and political life. Leftist everybody in Poland can call a gay person a necrophile and it will be legal!

During this year's election cam- paign, the deputy chairman of the Law and Justice party, Kazimierz Ujazdowski, said: "For those who are responsible for brutal homosexual propa- ganda, our response will be a 'Dark Night'." On the political scene in Poland, the Law and Justice is not even a far-right grouping. They describe them- selves as simply conservatives. According to all surveys, they will become a government Robert Biedron, president of Campaigning Against Homophobia, Izabela Jaruga-Nowacka, coalition partner in October and viceprime-minister, Kazimierz Kutz, deputy speaker of the Senat, Claudia Roth, leader of rule Poland. Law and Justice the Green party in Germany are not even half as radical as the far-right League of Polish president of a European country member of the Campaign against parties are too weak to fight it. Families (LPR). sentenced by this court. Homophobia's national board. When the mayor of Warsaw One week after the Warsaw Why is the situation getting On September 25 and Lech Kaczynski, the honorary Gay Pride on June 18, 2005, worse after EU accession? November 8, we will have par- chairman of PiS, banned the organised against Kaczynski's Why don't Polish leftist parties liamentary and presidential Gay , he said: "I will and one that he considered do enough to deal with the situ- elections. Based on the opinion don't mind them [gays] demon- illegal, the League of Polish ation? We find it difficult to polls, we can be sure we will strating as citizens, but I do Families and its young affili- even find the answer and when have a homophobic majority in mind them demonstrating as ates, the All-Polish Youth, we do, it will undoubtedly be Parliament and a homophobic homosexuals." One week later, organised a legal demonstra- very complicated. president. The job of the he approved the Normality tion called "Normality Parade". Campaign against Homophobia Parade organised by the All- Organisers said that it was First - the Law and Justice, the and it friends is to try to dis- Polish Youth. He didn't mind their response to the homosex- League of Polish Families, and perse the darkness during the the fact that they were demon- ual promotion of deviations. the All-Polish Youth know that Dark Night." strating as heterosexuals. 800 they will lose if the EU tries to "normal" people took part in One of the League of Polish help. They are simply afraid TOMASZ SZYPULA that parade. Gay Pride organis- Families leaders and a Member of that Poland will become a real Campaign against ers sued the Mayor and later the European Parliament, democracy where everybody is Homophobia the court decided that the Wojciech Wierzejski, said: "We equal. The EU has the tools to

ILGA-EUROPE NEWSLETTER »P13 ethnic other, thanks in no small part to the divisive rhetoric of politicians. Latvia's political par- ties are rigidly polarised on eth- nic lines, heavily controlled by powerful economic interests, weakly rooted in society and deeply mistrusted by most citi- zens. Seeking to boost their weak ratings, office-seekers often resort to emotionally based populist appeals. For

Latvia most ethnic Latvian-based par- ties, these emotional appeals have often focused on anti- Russian nationalism. But Latvia's First explicitly endorsed multiculturalism and Homophobia Takes to the ethnic integration during the 2002 campaign, seeking to win Streets: Notes from Riga Pride support among Russian-speak- ing voters. Its aggressively anti-gay rhetoric suggests that 2005 the party views homophobia as Why did July's gay pride march in a bilingual front against gay rights. dent and elected to parliament a useful replacement for anti- Riga provoke the largest and the same year on an American- Russian nationalism. most aggressive backlash in any Homophobic popular attitudes style "Christian family values" EU member state? Some opposi- and statements by public fig- platform, Latvia's First Party has While Latvia has always been tion to the parade was inevitable, ures, as well as anti-gay been explicitly homophobic since a nominally Christian (predomi- given that sexual minorities are activism, are certainly not new to its founding congress, and it led nantly Lutheran) nation-state, little understood and little seen in Latvia. Jânis Vanags, the ultra- the verbal assault on Rîga Pride. religion has never been a Latvia as throughout the post- conservative archbishop of the The mainstreaming of homopho- strong component of national Communist world. But the scale Latvian Evangelical Lutheran bia is one consequence of this identity (unlike, for example, of the backlash - as many as 500 Church, made headlines in 1994 newcomer's injection of evangeli- Catholic Poland and Lithuania active counter-protesters - and when he banned practicing gays cal Christianity into the political or Orthodox Russia). the level of hostility directed at from receiving Holy Communion culture of this heretofore decid- Historically, pre-Christian folk- the 100 or so marchers that day in his church (he is also notori- edly secular society. lore and agrarian "peasant val- far surpassed expectations. After ous for banning the ordination of ues" have provided the richest all, at least 600 people marched women pastors). Both Vanags Throughout the fifteen years of sources of symbolic material without incident in the first Pride and Roman Catholic archbishop post-Communist transition, bat- for constructions of nation and parade in former Soviet territory Jânis Pujâts contributed chap- tles over diversity and toler- nationalism. Even after the col- last year in Tallinn. Two factors ters to Homosexuality: humani- ance have been waged - at lapse of communism and its may account for the intensity of ty's shame and ruin, a book both the domestic and interna- enforced atheism, rates of the Rîga protests. For the first published in 2002 by the radical tional levels - almost exclusive- church-going have remained time in an EU member state, nationalist Aivars Garda. ly on inter-ethnic grounds: first low. In Latvia, as throughout politicians at the national level - over citizenship, naturalisation central and eastern Europe, including the prime minister - If aggressively homophobic rhet- and official language policies, the chaos and destabilisation spoke out aggressively against oric had primarily been the and more recently over the of post-communist transition the march. And the anti-gay domain of church leaders and transition to Latvian-language has provided fertile ground for backlash united two previously the extremist fringe, the situation teaching in Russophone public the rapid expansion of distinct and even hostile camps - changed with the arrival on the high schools. The rage of Jehovah's Witnesses, Seventh- radical Latvian nationalists and political scene of Latvia's First, nationalist extremists and the Day Adventists, Baptists, and evangelical "Christian values" a.k.a. the "Preachers' Party." anomie of the disaffected other evangelical denomina- crusaders - and brought Latvians Founded in 2002 by a Lutheran masses have largely been tions, or "sects," as they are and Russia-speakers together in pastor and former Soviet dissi- channeled into hatred of the often pejoratively described in

»P14 ILGA-EUROPE NEWSLETTER such close ties to a socially dan- gerous religious sect, whose leader is hostile to the Latvian nation, can legitimately be repre- sented in the Latvian govern- ment? … Whom does Latvia's First Party serve…?" The author called on the party's coalition part- Latvia ners to investigate its ties with this "scandalous pseudo-Christian community" and to consider expelling it from the government.

In this context, it was very interesting indeed to behold the ethnically "integrated" scene on the sidelines of the gay pride the Latvian media. It was per- - how America is transformed on tor Aleksey Ledyaev, according march. Even the extremist haps only a matter of time these days. Every block or two to a report by the non-profit think nationalist organisation before a political party would there is a church and people are tank Politika.lv (Policy.lv), "pro- Everything for Latvia remarked attempt to capture this growing gathered there in their Sunday motes the idea of Christian gov- approvingly in an online photo segment of the electorate: best. … Many of our parliamen- ernment, mentioning George essay: "This time Russians and hence, the arrival of Latvia's tary deputies are not religious, Bush's administration in the US Latvians are standing shoulder- First in 2002. but in America people under- as an admirable example." to-shoulder … this time none of stand that politics without morali- Radical Latvian nationalists have that matters because everyone The party was founded by Çriks ty is maimed, and morality with- passionately denounced Latvia's is standing up against a com- Jçkabsons, a devout Christian out religion is impossible. First for its association with New mon enemy." This united front who fled the Soviet Union in Latvia's politicians and society Generation. In 2004, the extrem- is, most likely, only a temporary 1988 due to alleged KGB perse- don't realise that." ist National Front published a marriage of convenience but it cution and spent the following Since winning ten seats (and lengthy interview with Ledyaev, should certainly be cause for 13 years in America, where he 9.5% of the vote) in the 101- which quoted Ledyaev as say- alarm that ostensibly received a master's degree in member parliament, Latvia's ing: "You're trying to say that a respectable government minis- theology and served for five First has spoken out against little country like Latvia, such a ters are making common cause years as a Lutheran pastor in abortion and campaigned for small nation as Latvians, can with extreme xenophobes in . He is serving as including references to Christian talk to Russia and the USA as attacking a highly vulnerable Interior Minister in the current heritage in the EU constitutional an equal? What are you, crazy? minority group. Unfortunately, coalition government. treaty. As its nickname, the … Small nations must submit to as Latvia prepares for the next Jçkabsons' lengthy stay in the "Preachers' Party," suggests, big nations and follow their parliamentary elections in U.S., during a period of increas- many party members at the rules. They must understand September 2006, there is every ing political and cultural de-secu- national and local levels are that small nations are not equal reason to expect that populist larisation there, surely played a themselves members of the cler- with the rest. If the little ones appeals to crude will critical role in shaping his subse- gy. The party cultivates connec- don't know their place, and only intensify. quent political agenda. As he tions with all of Latvia's main- make too much noise, then it's observed in an interview shortly stream denominations, but it has no surprise if they get it on the KATRINA Z. S. SCHWARTZ Adapted from Transitions after returning to Latvia: provoked widespread skepticism head." Even more alarming to Online "America is definitely a Christian through its close ties with evan- the nationalists were Ledyaev's country. There are ordinary gelical churches, and particularly claims to close ties with Latvia's [mainstream] churches, but the "New Generation." This First and his assertion that the there are also many Bible-based Massachusetts-based charis- party and his church both favor and evangelical churches. … A matic church, with branches in the strengthening of bilingualism lot of incorrect perceptions about many post-Soviet states as well in Latvia. Commenting on this the USA have been created in as Argentina and Israel, has interview, the chairman of the Europe and Latvia. I have trav- attracted a primarily Russian- National Power Union, another elled all across that country and speaking congregation at its radical organisation, asked rhetori- seen what happens on Sundays Rîga headquarters, where pas- cally whether "a political party with

ILGA-EUROPE NEWSLETTER »P15 people, young and old. We were a Victory for LGBT Community! cross-section of all cultures. To the side, on the sidewalk, I saw posters The Romanian's first-ever Gay change the course of LGBT histo- ber of ILGA-Europe and and angry people carrying them. Rights March almost didn't take ry in Romania. We planned strate- ACCEPT, Vera Cimpeanu, the They were yelling "Shame, Shame" place. The Mayor of Bucharest gies for the future and then staff and volunteers of ACCEPT, and trying to get through to the refused to provide parade per- focused our attention on the to go ahead with the march as marchers in the parade. mits. The police chief refused to upcoming march. Be safe, do not an act of civil disobedience. guarantee the safety of react to taunts, stay together, lis- » MCC's communication officer, You could feel the tension in the marchers, threatening to use ten to the organisers of the march, Jim Birkitt, who had sent out marchers increase, but nobody the police to "punish" those who and mostly have fun. Action Alerts and press releas- reacted. There was no response to did march. The powerful We were ready. We arrived and es, calling for e-mails to be sent the hecklers; we kept our focus on a Orthodox Church opposed the crossed into the park. People to Romania's president and peaceful demonstration. The police march. stared at us. Media were begin- Mayor, alerting the international converged on the hecklers and were Romania community to the situation hit with the signs, several smoke unfolding in Romania. bombers were thrown, and the pro- » Thousands of e-mails were testors were herded into an adjoining received from around the world, road, where the police arrested including overwhelming them. Through the smoke, we con- response from members of ILGA tinued to march and were not and MCC in many countries. swayed by the scene around us. » Two demonstrations of protest were planned in the front of the Everyone was heading to the ter- Romanian Embassy in race on the top of the National Washington and the Consulate Theater, where a party was unfold- in New York. ing. Florentina Ionescu, a volunteer » , member of of ACCEPT and one of the partners the European Parliament. of the gay club "Queens" in But activists around the world went ning to gather. We searched for » The courage of the Romanian's Bucharest, had organized a gay into action - e-mailing and faxing other marchers. People Minister of Justice, Monica troupe of actors and the show was the Mayor of Bucharest and the approached us with pamphlets, Macovei, and the National Council underway. People were laughing President of Romania. Both myself quoting Bible verses that have long for Combating Discrimination. and crying and stories of daring and Florin Buhuceanu, the execu- been twisted out of context and » Romanian President decisions were recounted. tive director of ACCEPT, have used to promote hatred and intoler- Basescu, who stood up and done an average of 10 media ance of gays, lesbians, bisexuals supported the march. A young man approached me and interviews per day, both with and transgender persons. Initially » Finally, Bucharest Mayor told of how he had left work at 3 pm Romanian and international we were worried: there appeared Videanu's willingness for ensur- and told his employers he was media, including CNN and BBC, to be more press and police than ing a strong police presence. going to the march. He knew that explaining that we will march for marchers. But as 6:30 approached he could be fired, but decided that acceptance, we will march with the community found us and the All of these things come together as he had to stand up for his rights. pride and for all those unable to be number swelled, 200, 300, then the international community support- with us, we march because we more. The press later reported that ed the freedom of expression and There was a grandmother who must. Within days, the President more than 500 people participated. the freedom of assembly of the brought her four grandchildren and told and the Minister of Justice called LGBT community in Romania. The us that she wanted them to be brought on city officials to work with LGBT My heart was full and tears filled willingness of people around up knowing that we must always take groups - and the Mayor and police my eyes. We had faced the obsta- the world to speak out for our a stand for justice and that the gay agreed to work with ACCEPT. cles, we had stood our ground, Romanian LGBT friends people are just like everyone else. named our rights and had won. As demonstrates the power we The day of the March had arrived we began to march, I thought of all have to change the minds of Repeatedly, I heard the words, "I and ACCEPT was a hive of activ- the people around the world who political leaders and the course never thought that this could happen ity. Downstairs, young activists had helped to make this happen. of a nation's government. in Romania" and almost through from around Romania were gath- tears. We had done it, together! ered to strategise about what » The courageous decision of the As we marched, I look around and was needed in their communities. Executive Director, Florin saw people of all ages, parents with Rev. DIANE FISHER These were the faces that would Buhuceanu, and the Board mem- their children, straight and LGBT Metropolitan Community Churches

»P16 ILGA-EUROPE NEWSLETTER refusal, it is already planned to Passion around the first planned take the refusal to the European Court of Human Rights if neces- Gay March in Moscow sary. Additionally, the organisers believe that the participation of European parliamentarians, activists and other famous people will create extra pressure to allow Russia the event. In any case, the pride is only a quarter of the festival. Since the media learned about the event, "Echo of Moscow", one of the leading radio chan- nels in Russia, dedicated a one and a half hour prime time debate on the subject of pride march. There was also some coverage on TV and in the newspapers in Russia and abroad. For the first time in many years, the media has begun talking about homosexu- Evgeniya Debrianska and Nikolai Alekseev ality in a neutral or positive way. On 27 May 2006, the 13th was banned by Stalin - who to register at The Tabloids did not even write anniversary of the decrimi- used it mostly as a weapon [email protected] low quality articles - as some nalisation of homosexual against his opponents. After the IDAHO conference, would think they might do in relationships in Russia, the the first ever Gay & Lesbian these circumstances. first ever gay pride dedicated Not just a pride… A real pride march will take place in to the fight against homopho- international gay and lesbian the streets of Moscow. From an individual initiative… bia in Russia will be held in festival is scheduled! This festival will end in the The original idea of the pride Moscow. During the three full days of the evening at a club where a spe- was inspired by the annual festival, between 25 and 27 cial party will take place. action taken by Nikolai Baev,. This event will be part of the May 2006, several events will Famous French singer He goes for his Christopher first ever Russian gay & les- take place where many guests "Desireless" (whose hits Street Day alone each bian festival. and activists from all over the include "Voyage Voyage" and year,through the streets of On 28 July, at the end of a world are expected. "John") will perform especially Moscow with a press conference on the subject On 25 May, the 111th anniversary for the event. attached to his bag. Having of the recent executions of two of being sentenced The day after the announce- heard about his story, we just teenagers in Iran, Nikolai for sodomy, Merlin Holland, his ment of this project, Yuri decided to join him and to Alekseev, editor of a portal grandson, will give a lecture on Luzhkov, Mayor of Moscow, organise a bigger event, which www.gayrussia.ru, answering his famous ancestor. On the answering media questions, could really start to change question on the actions of gays same day two new books will be said that if such a request is things in Russia. Then, the idea & lesbians in Russia said that officially released in Russian: made to his office, he would of the festival emerged quickly. the first ever Lesbian & Gay one on the trial of Oscar Wilde; deny authorisation. A polemic We don't need just a march. We pride will take place in the the other, his son's memoirs. started and the denial of the need to have all LGBT organisa- streets of Moscow on 27 May On 26 and 27, the first ever Mayor was interpreted by the tions from Moscow and all the 2005. International Conference of the media as "Mayor Luzhkov regions to meet in one place This specific date was chosen International Day Against against Russian Gays and and discuss with foreign deliberately. On 27 May 1993, Homophobia (IDAHO) will take Lesbians". This polemic only activists and politicians, their during the presidency of Boris place. Participants include Dr. attracted more media attention. own experience in order to find Yeltsin, Russia repealed the Robert Wintemute, Louis- The organisers of the pride a path for getting rights and to law criminalising same-sex Georges Tin, professor Igor event do not believe that the start to exist in Russia. intercourse. Gay sex was not Kon, professor A. Kvakin, Yves Mayor will deny them their criminalised under Lenin in the de Matteis. Activists interested "constitutional right" to demon- NIKOLAI ALEKSEEV beginning of the Soviet era, but in taking part are kindly asked strate. In case of such a www.Gay.Russia.ru

ILGA-EUROPE NEWSLETTER »P17 The Dutch conflict between freedom of speech and freedom of religious belief

Free to speak but not free to live superiority of religious beliefs on the other Since the couple 'State' and 'Religion' hand. finalised their divorce papers, govern- This inequality was not in terms of demo- ments and religious institutions did not cratic rights, but in the unequal methods really agree with each other. That is, and instruments of expression between until 2004 when the well-known Dutch both. The free speech people used filmmaker Theo van Gogh was killed. media, film, discussion and other forms of Two facts about this murder showed the publications. Muslim organisations did not true reflection of the conflict between Theo van Gogh, murdered in 2004 use the same instruments and the same religious beliefs and the freedom of speech. strategy to say what they like or do not like. Muslim organisations The first is that the murderer was a young Muslim who claimed reli- remained silent, or at best, did not raise their voices enough to work gious legitimacy for this murder. The second is that Mr. van Gogh on the social tension. One of the results of this situation is that the believed fundamentally in the secular based freedom of speech. The Muslim youth who grew up in Europe, saw his beloved Islam being conflict between the two constitutional freedoms suddenly had a face. attacked with no one to say stop. The Muslim youth took action. And that was the point of the collective wake up call. A social earthquake The international tension between religious extremism and the west- The murder caused a huge shock at all levels in society. The earth ern oriented systems, made this internal tension harder and faster. does not shake because she likes to. Underground, there are a lot of pre-shocks. The Netherlands experienced a series of these pre- The reactions: shocks, which led the way to a big social earthquake. Three of The Netherlands was totally shocked by the murder. Just like in The collective wake up call wake The collective these pre-shocks were visible at an international level... London and , there came a kind of collective awakening. The broadcasting of an assault by Imam El Moumni on Gay people Society and governments recognised processes in society that they was one of these pre-shocks. When this Imam was asked about neglected or even did not know about. his opinion on homosexuality, he said: "Sodomy is an illness". This The media was the first to talk about radicalisation on both sides of sentence led to a collective media offensive towards the opinions society. Doing this the Dutch media showed that there is still a lot of of religious people. The media discovered that when it comes to discrimination against Muslims in the Netherlands, in job opportunities gay and lesbian issues, many Muslims do not even know how to for example. They also showed that Muslims use other norms and val- deal with the contemporary gay and lesbian liberation movement. ues - to deal with women, for example. This means that the media did The attack made by the politician Pim Fortuyn towards a good job making the problems visible and beginning a change in the Muslimswhen he said: "Islam is backwards" led to greater tension, thinking about the difficulties. Muslim people deal with as citizens, because Muslim organisations experienced this as politics interfer- where problems are and that their problems are as a part of the Dutch ing in religion. The tension between politicians and Islamic spokes- society and not as immigrant foreigners. men afterwards, awoke the Islamic consciousness in the The government decided to invest a lot of money in recovering the Netherlands. Mr. Fortuyn was killed and everybody was shocked. social cohesion and society is making use of this opportunity in initi- When it became known that Mr. Fortuyn was killed by a Dutch sec- ating new projects to reconcile the freedom of speech with the free- ular milieu -activist, the Muslim organisations went back to sleep. dom of religious expression. "The killer is not one of us", some said. The series of assaults made by the ex-Muslim politician Ms. Hirshi Solutions: Ali and the continuing attacks she made towards Islam and The government and society are experimenting with different meth- Muslims, culminating in the making of the film 'Submission' by Mr. ods. Two of these methods are Dialogue and Education. Van Gogh and Ms. Ali, generated a new power to the social tension. Many projects emphasised social dialogue, where people listen to each other and discuss their own ideas with an open agenda. This is Invisible generator for the tension not an easy way in the Netherlands because a lot of people are Unequal opportunities between two citizen groups formed an invisi- used to debates where a debater tries to convince the other of his ble generator for the tension. These two groups were the Dutch own point of view, so there is a debate winner and a loser. The city believers in freedom of speech on the one hand, and the of Rotterdam, for example, initiated the Islam Dialoog Project. On all Muslims(mostly Dutch from migrant decendency) who believe in the levels in Rotterdam there were round table gatherings. The main

»P18 ILGA-EUROPE NEWSLETTER results of these gatherings are that the citizens got to know each methods in combating prejudice in schools. The General other and what they should expect of each other. Pedagogic Support Organisation APS coordinates a programme On gay and lesbian issues the Dutch ministry of welfare and sport for schools together with a couple of other National organisations. gave four national organisations the opportunity to establish a wide The YOESUF foundation developed different trainings for teachers range of dialogues in the Netherlands. These organisations were: and youth social workers who work with Muslims. The YOESUF the National Dutch Organisation for the Integration of foundation is promoting a real change in the mentality of gay and Homosexuality (COC), the Humanistic League, the YOESUF foun- lesbian emancipation so that this emancipation reaches out to dation, and foundation of Islam and citizenship. At the moment, other processes of social liberation. At the same time the founda- this project is starting the second project period of two years each. tion is trying to achieve a change in the interpretation of Islamic One of the results of the first stage of the project is a real main- terms which prevent dialogue. streaming of gay and lesbian issues. The four organisations used different methods to fight homophobia, Islamophobia and anti- And the show goes on Semitism at the same time. Nowadays millions of Euros are invested in the Netherlands to recover social its cohesion. If this money and energy goes to the Education people who can do the job, the right way, then the Netherlands will When people do not know whether an idea is based on prejudice become the paradise of tolerance it used to be again. or a legitimate judgment, dialogues can end up with debates or even with a verbal fight. A basic education is needed. The ministry Drs. OMAR NAHAS of Education made a special budget available to generate new www.yoesuf.nl NEWS CLIPS Latvia: Poland: no prosecution for hate Gay activists fined for offending posters Catholics District Court in Elblag sentenced Robert The Latvian Security Police said there is Biedron, the president of the organisation no legal ground to prosecute a person Campaign Against Homophobia, to a fine of displaying a poster "Pederasts can be 600 PLN for insulting Roman Catholics. cures only through the gas chambers" Biedron has been fined for his comment on featuring skill-and-crossbones (pictured). the words of Dorota Ekes, activist of a

Although admitting such poster might be Catholic organisation "Stowarzyszenie NEWS CLIPS considered as inciting hatred and violence Rodzina Polska (Polish Family Association)" towards sexual minorities, the Latvian law who referred to homosexuality as an illness. does not outlaw homophobic hate. "[Her words] mirror in full the fascist-national- Robert Biedron ist-Catholic character of the witch-hunt Romania: against homosexuals", Biedron then com- extremist rapped mented. over homophobic comments Sweden: Supreme Court to Romania's top anti-discrimination body NEWS CLIPS had issued a stern warning to ultra- hear case on hate nationalist party leader Corneliu Vadim speech and religion Tudor for anti-gay comments on TV. A Corneliu Vadim Tudor candidate in last year's presidential elec- freedom Pastor Åke Green tion, flamboyant Vadim Tudor, known for his rhetoric against ethnic The case of a Pentecostal pastor accused of hate crimes for minorities, recently focused on Romania's homosexual community. denouncing homosexuals is scheduled to go before Sweden's "Homosexuals are an aberration of nature… They shouldn't mess Supreme Court on 9 November. In a sermon in 2003, Åke Green with me because I'm going to impale them on wooden stakes and told a congregation on the island of Oland that homosexuals were they might like it," he said, alluding to the favourite punishment of "a deep cancerous tumour on all of society,'' and warned that Romania's notorious medieval ruler, Vlad Dracula the Impaler. Sweden risked a natural disaster because of leniency toward gays.

ILGA-EUROPE NEWSLETTER »P19 United in Diversity

27th ILGA European Conference 26 - 30 October

2005

FIAP

Paris, France www.ilga-europe.org www.ilgaeuropeparis2005.org © Paris Tourist Office, www.fiap.asso.fr photographer Stéphane Querbes