»JUNE 2004 VOL 4 ISSUE 2 NEWSLETTER ISSN 1378-577X www.ilga-europe.org

THE CHALLENGE OF ACCESSION : LGBT RIGHTS UNDER ATTACK IN POLAND

> NON- IN THE EU Debate on Future Priorities

> EUROPEAN PARLIAMENT Elections campaign update

> SAME-SEX PARTNERSHIP New momentum for action TABLE OF CONTENTS 2 Editorial EDITORIAL Spring was an exciting period in Brussels. Not only did we live through the official 3 Personnel News enlargement of the EU to 25 member states. Elections for the new European Parlia- 4 East Europe, Council of Europe and programme update ment were held across the EU and negotiations on a EU constitutional treaty have 4 ILGA-Europe EU Co-ordination network meeting gained new momentum. The shape of the Union has altered substantially. How 5 ILGA-Europe expands Brussels offices to respond to this challenge was the main focus of the fifth EU Co-ordination network 5 Consultation on future of non-discrimination policy launched meeting, that was held in Brussels in late March this year (see p. 4). But not only 6 Irish Presidency conference: Closing the Gap the Union's shape has changed. ILGA-Europe itself keeps undergoing significant 6 Taking forward cases – examples from 's HomO transformations – both with regard to the area of work we aim to cover (see p. 4 7 European Commission funds 25 new transnational projects for an update on our Eastern European programme) and to the team responsible 8 UK court reaches decision on Union challenge to for implementing the work. As we welcome our new Project Assistant Miha Lobnik, regulations we say goodbye to Stagiaire Iain Gill and Executive Director Ailsa Spindler, who will 8 QuBA – experiences of working in transnational partnerships be leaving us in July to take up a new position with the Equality Network in Scotland 9 Plans to set up a new EU agency (see p. 3). 9 EU sends mixed message on human rights of LGBT people 10 UNCHR – the Brazilian Resolution and beyond NEWS FROM THE EU INSTITUTIONS 11 News from the Intergroup on and Rights After almost four years of non-discrimination policy at EU level, the European 12 European Parliament elections – campaigns update Commission is using this summer to reflect and take stock. On 1 June, a green 12 Interview with MEP Joke Swiebel paper consultation was launched that will be open until 31 August. It is an oppor- 13 On the challenge of accession tunity to identify future policy priorities and to have some real impact on the EU’s 13 Personal views on enlargement: what our members have to say non-discrimination agenda (see p. 5). Find out also in this issue about the Irish Presidency conference on equality and diversity, learn about the 25 new transnational 15 Poland: March for tolerance results in violence partnerships and hear from the QuBA project about their experiences in co-operating 16 Fighting for human rights in Romania with partners across the EU. After the surprise announcement of the European Council 17 Legal recognition of same-sex partners – a new momentum last December that the Vienna-based European Monitoring Centre on Racism and 19 News Clips Xnophobia was to become a human rights agency, things are gradually beginning to take shape. ILGA-Europe – with cautious optimism – sees this as an opportunity The ILGA-Europe Newsletter is the Robert Simon, Wanda Spielhoff, to strengthen the position of human rights on the EU’s policy agenda (see p. 9). quarterly newsletter of ILGA-Europe. Ailsa Spindler, Joke Swiebel, As the European Parliament’s tenure is drawing to a close, it is time to say good-bye Volume 4, issue 2, June 2004 Konrad Szmerdt, Carola Towle to Joke Swiebel, MEP and Chair of the Intergroup on Gay and Lesbian Rights (see Editors: Birgit Hardt, Kurt Krickler Design & layout: Image Plus p. 11). Looking ahead to the new parliament, the results of ILGA-Europe’s election Contributors: Stephen Barris, Don www.imageplus.be questionnaire will be highly useful. On the whole results were encouraging. Yet, Bisson, François Diderich, Iain Gill, Printer: Sofadi on some issues there will be some real challenges ahead. Riccardo Gottardi, Tatjana Greif, Next Issue: September 2004 Sylvia Jaén, Jackie Lewis, Deadline: 10 August 2004 Marie Lindbergh, Christine Loudes, NEWS FROM THE NEW MEMBER STATES "On the challenge of accession" is the title of ILGA-Europe’s new policy paper, which is based on surveys carried out across the new member states (see p. 13). © ILGA-Europe. Reproduction permitted, That discrimination and intolerance continues to be part of daily life across the provided that appropriate reference is made EU has become particularly apparent in Poland, where a recent march for tolerance to the source. in Cracow resulted in fierce outbreaks of violence (see p. 15). Last but not least, This Newsletter is published publication does not necessarily there have been substantial developments with regard to the legal recognition with the support of the European reflect the position or opinion of same-sex partners. Legislators are beginning to wake up to a changed social Commission – The European of the European Commission. reality: it will no doubt take a long time still until we reach anything close to legal Union against discrimination. It is not liable for any use that The information contained in this may be made of this information. equality, but recent developments are encouraging. To learn about the campaigns in the USA, , , , and Slovenia, read p. 17.

THE EUROPEAN REGION avenue de Tervueren 94 Bank account # 310-1844088-10 OF THE INTERNATIONAL 1040 Brussels, ING Belgique LESBIAN AND GAY Phone +32 2 609 54 10 ETT-CINQUANTENAIRE ASSOCIATION Fax +32 2 609 54 19 avenue de Tervueren 10 [email protected] 1040 ETTERBEEK www.ilga-europe.org IBAN BE41 3101 8440 8810 »P2 ILGA-EUROPE NEWSLETTER BIC (SWIFT): BBRUBEBB PERSONNEL NEWS EXECUTIVE DIRECTOR AILSA SPINDLER MOVING ON

As many of you will know already, East Europe, Council of Europe She has also presided over two roots" of LGBT activism, while Ailsa Spindler will be leaving us and Transgender issues. It has also highly successful and memorable maintaining an interest in the in July after some two years been a period of intensive lobbying ILGA-Europe conferences, in Lisbon European perspective. The new as our Executive Director, to take and advocacy, with important work and Glasgow. post will also allow her to see much up a new position with the Equality in such areas as free movement, more of her family than has been Network in Scotland, heading the asylum rights, EU enlargement, and The Executive Board wishes to possible in the last couple of years. "Your Scotland" project. the drafting of the EU constitution. express its thanks and appreciation Ailsa has been very involved with to Ailsa for the very valuable con- Ailsa will of course be greatly missed, The last two years have been the Brussels NGO community, and tribution that she has made to all but we know that she will continue momentous ones for ILGA-Europe. was elected last year to the man- these developments and activities. to work actively for LGBT equality Ailsa has overseen the continuing agement committee of the Platform We wish her all the best for the and we are sure that we will be growth and development of the of European Social NGOs. She has future and every success with the working together in the future. organisation, with a considerable been particularly successful in buil- new job, which will be very impor- expansion in staff and the scope ding links with other NGOs working tant for the development of LGBT »JACKIE LEWIS, of our activities, most significantly in the anti-discrimination and human rights in Scotland. On a personal »RICCARDO GOTTARDI following the securing of funding rights fields, and chairs the Platform's level, she is looking forward to Co-Chair, ILGA-Europe Board last year to develop our work on anti-discrimination working party. greater involvement in the "grass- MIHA LOBNIK JOINS ILGA-EUROPE TEAM

Coming from Slovenia, Miha started extensive IGLYO network. In 2002, developed into one of the most group preparing Slovenia's regis- his work as an LGBT activist in 1996. Miha organised a hearing on dis- active Slovene LGBT rights organi- tered partnership bill at the ministry In 1997 he joined IGLYO (Interna- crimination of gay and lesbian youth sations (see also p. 13). He has also of family and social affairs. tional Lesbian, Gay, Bisexual and in accession countries. It took place been an active member in organis- Transgender Youth and Student in Ljubljana and brought together ing Slovenia's LGBT pride marches Miha will join the ILGA-Europe team Organization) where he was elected young LGBT activists from 18 since 2001. Miha seeks to combine as Project Assistant for the Eastern to the executive board as Eastern countries as well as European his practical approach with a theo- Europe, Council of Europe and Europe representative in 1999. Since politicians and resulted in a wide- retical framework. He has a degree transgender programmes. He likes then he has worked for IGLYO – ly-used report on an often ignored in sociology from Ljubljana to bike, go for hikes and looks for- as board member, general secretary issue: the situation of LGBT youth. University, where he wrote his ward to his new life in Brussels. and manager at the IGLYO Ljubljana At a national level, Miha founded graduate thesis on Gay and Lesbian office – organising various confer- an LGBT youth group in 1998, Youth in Slovenia. For the last three »DON BISSON ences and helping to build up an called Legebitra, which has since years he participated in the working

ILGA-EUROPE THANKS IAIN GILL Originally from Ireland, where Iain at many levels of our work. Many meeting last March, he helped put use in the preparations of our next has been a prominent LGBT youth will remember the engaging pre- together our European Parliament annual conference in Budapest. activist for many years, we have sentation he prepared for the election campaign and produced had the pleasure of having him in Glasgow conference on the history valuable material for the free move- We would like to thank Iain for all our team in Brussels as a stagiaire of ILGA. His knowledge of LGBT ment lobbying we did. Iain regularly his hard work and wish him all the for almost seven months, from issues, his involvement in the IGLYO contributed to our Newsletter and best for the future. His humour, October 2003 to May 2004. board and his excellent networking helped produce the material for the resourcefulness and helpfulness skills were a real asset. Iain is a office's latest research report (see will be greatly missed. During his stage, Iain contributed great organiser and campaigner. p. 13). Last but not least, Iain was significantly to the work of this office. As such, he actively contributed responsible for producing a com- »BIRGIT HARDT Enthusiastic, a quick learner and to the preparation of the ILGA- prehensive evaluation of the Glasgow great team player, Iain was involved Europe's EU Co-ordination Network conference, which will be of great

ILGA-EUROPE NEWSLETTER »P3 EAST EUROPE, COUNCIL OF EUROPE AND TRANSGENDER PROGRAMMES MOVING AHEAD

Since the last Newsletter several for comment and approved is also contingent on the co-opera- to publicise the announcements significant steps have been taken by the Board. The work plan is tion of our members. We have through our network. Because in the development of the East posted on the ILGA-Europe website. submitted an application to the funding is such a critical issue Europe, Council of Europe and We encourage all members, espe- Rausing Trust for continued funding for many of our members we have transgender programmes. Based cially those in Eastern Europe, for the period 1 August 2004 – 31 decided to add a funding opportunity on the decision of the Board to to take a look at it and pass any July 2005. We also submitted the page to our website. On this page hire a Project Assistant for these comments along to the Director. progress report to the Trust outlin- we will post all funding announce- programmes, we advertised the The work plan is meant to be ing the use of the funds from the ments that come into the office position in March and received a flexible document that can be last grant period. This document is that are applicable to LGBT issues. over fifty applications. Miha Lobnik adjusted to changing circumstances also on the website. The Trust will This will all be a part of the revamp was selected by the interview and to take advantage of opportu- meet in early June and we should of the website that we are planning committee and will begin working nities as they arise. In the end, have a decision by mid June. once the new communications at the ILGA-Europe office in late July. the programme that is implemented officer is hired. Miha will work with the Director is to be for the benefit of our mem- We periodically receive announce- on implementation of the work plan bers and should therefore reflect ments about funding opportunities »DB that was drafted and circulated the needs of them. The successful that are of interest to our members to Eastern European members implementation of the programme and are asked by other organisations

ILGA-EUROPE EU CO-ORDINATION NETWORK MEETING HOW TO MEET THE CHALLENGES OF ENLARGEMENT? ILGA-Europe's EU Co-ordination to best go about combining our efforts to shed some light on this and communities, the employers Network has existed since 2001 to use all available EU level tools to clarify the focus and direction and the trade unions. Finally, to respond to the need of a more to fight for full equality in Europe. of our lobbying work for the months we looked at mainstreaming possi- co-ordinated effort to influence the This involves closely monitoring to come. bilities: how to use the EU's social EU's political agenda. Whilst initially what is going on in all the relevant inclusion and employment strategies only delegates of the 15 "old" policy areas. It means setting up What issues did we look at ? Much to combat discrimination and how member states participated, in March effective and fast channels of com- emphasis was placed on non-dis- to adequately reflect the EU's anti- 2004 for the first time the meeting munication. And it also involves crimination policy in the widest discrimination agenda in the brought together participants from organising joint campaigns, raising sense: how to co-operate with the European Social Funds, including all 25 member states as well awareness and mobilising the LGBT European Commission to ensure EQUAL. Another session was used as Bulgaria and Romania. communities. This is not an easy full transposition of the Framework to discuss how to use best the task and we still have a long way Directive at national level, for questionnaire ILGA-Europe prepared The meeting took place in a period to go to get it right. To the newcomer, instance. What role could equality in the context of the European of considerable change and uncer- the EU is a bit of a jungle, inhabited authorities play to make sure indi- Parliament elections (see p. 12

tainty throughout the EU. Whilst by strange institutions that often act viduals can use their rights, for details on the elections). challenging, it is also an opportu- in the most obscure ways. The and how do we best make these Christine Loudes, our new policy nity to think carefully about how Network meeting was a chance new rights known amongst our officer, together with Don Bisson,

»P4 ILGA-EUROPE NEWSLETTER led a session on how to use case than full. Many delegates appreciated An effort was made to provide space event that we now need to build decisions at the European Court the external speakers that had been for interaction and exchange in on. For more details, please refer of Human Rights and the European invited: representatives from the smaller workshops, which was much to the full meeting report and the Court of Justice in political lobbying, European Commission, the Belgian welcomed and should be further background documents, available focussing on . Equality Body, and the European emphasised in future meetings. on our website. As always, the agenda was more Anti-Poverty Network to name a few. On the whole it was a successful »BH ILGA-EUROPE EXPANDING CELEBRATIONS AT TERVUEREN AVENUE

More than 50 people joined ILGA- munication and Information Officer, computers set up, the posters Europe staff on 26 March to cele- we desperately needed new office framed, there was barely enough brate the enlargement of the office space to accommodate the whole time to prepare some drinks and from one floor to three. It was a team. Luck had it that our neigh- nibbles and quickly get changed much needed move: with the bours were in the midst of moving before our first guests arrived. The expansion of our activity beyond out, so that we were able to stay evening proved a great success. the confines of the EU, our team in the same building, thus reducing As it took place grew from four to six, and space the disruption associated to a move just before the Network meeting, became a real issue. Planning to a minimum. Nonetheless, when we were able to welcome many ahead for the new post of Com- all the new furniture were built, the delegates of our member organi- sations as well as our Executive Board. In addition, European Commission staff, European Parliament members as well as numerous friends and colleagues of the Brussels NGO community joined the celebration. It was a great opportunity to catch up, to build new contacts and re-charge those batteries.

»BH

CONSULTATION ON FUTURE OF NON-DISCRIMINATION POLICY LAUNCHED EUROPEAN COMMISSION INVITES COMMENTS

On the first day of June, a little later as promoting equality and com- cases. This green paper consultation http://europa.eu.int/comm/employ- than expected, the European Com- bating discrimination in an enlarged is an attempt to make the future ment_social/fundamental_rights/ mission published its "Green Paper" Union. It seeks views about how planning of the Anti-Discrimination greenpaper_en.htm consultation on the future of the the EU can continue and reinforce Unit a bit more open to the citizens Community Action Programme its efforts to combat discrimination of Europe, and as such we are ILGA-Europe, in common with other to combat discrimination – the and to promote equal treatment. delighted to see it. Deadline for European level NGOs, will be sub- programme under which ILGA- In so doing, it responds to calls comments is 31 August. Anyone mitting a detailed written response Europe receives its core funding grant. from the European Parliament and can respond to the consultation: to the consultation. We hope to others to organise a public consul- we hope that ILGA-Europe mem- address a variety of issues of con- Actually, the scope of the consul- tation on the future development bers and readers of our Newsletter cern, including adequate funding tation is a little wider than just of policy in this area. We welcome will take this opportunity to voice for European NGO networks, poor an examination of progress to date this initiative and hope that the Com- their concerns about inequalities in transposition of the Framework and of options after the end of the mission takes proper notice of the Europe. The main tool for this con- Directive, the hierarchy of discrimi- action programme in April 2007. responses and views it receives. sultation is a questionnaire, which nation that exists at all levels of It invites comments on the actions Many people criticise the institutions can be found, along with other European society and the problems so far, but also solicits opinions of the EU and suggest that there is information and the text of the of multiple identities and discrimi- and proposals about issues such an "ivory tower" mentality in some Green Paper, at: nation on more than one ground

ILGA-EUROPE NEWSLETTER »P5 at a time. It is likely that there will grounds of discrimination. There will "anti-discrimination". Other issues August. Use this opportunity to make be a strong call for an extension be a section dealing with main- will be added after our own con- your own views clear. Use our of protection against discrimination, streaming of equality, and an sultation and internal discussion. submission, if you wish and fill into the provision of goods, facilities emphasis on the positive aspects ILGA-Europe's submission to the in the questionnaire. Let "Brussels" and services, with the race directive of equality and diversity rather than green paper consultation will be know what matters to you. being a minimum standard for all the negative connotations of the term published on our website in early »AILSA SPINDLER

IRISH PRESIDENCY CONFERENCE ON ANTI-DISCRIMINATION POLICY IN THE EU "CLOSING THE GAP" On 27-28 May, the Irish EU Presi- ➜ Equality and diversity in the included various company repre- dency held its conference on anti- workplace – examples of best sentatives as well as the ETUC. discrimination policy in the EU, titled: practice Whilst progress in some companies "Closing the gap – systematic ➜ Promoting equality and accom- is impressive indeed, there continues approaches to implementing modating diversity in the provi- to be a lack of a structured approach, equality and diversity in Europe". sion of services. due to the voluntary nature of such The conference brought together schemes. Even the ETUC, who is a variety of practitioners involved The first session was particularly only just beginning to address in the fight against discrimination. engaging, including speakers of equality issues beyond gender Birgit Hardt participated for ILGA- the Irish Equality Authority, the Irish equality, to date has no coherent Europe, and Ailsa Spindler was Equality Tribunal as well as their strategy on how to co-operate invited to chair a session as repre- counterparts from Northern Ireland with its members in addressing sentative of the Social Platform and Romania. It illustrated the discrimination comprehensively. working party on anti-discrimination. potential as well as the challenges of setting up a well-functioning On the whole, the conference brought to be little concerted direction. This The conference had three sessions: equality authority. A forceful case was together some excellent speakers makes the green paper consultation ➜ The role of independent equality made for enhanced co-operation and good practice examples. With all the more pressing, as this is bodies in the promotion of equal of equality authorities at a European regard to proposing systematic our chance to shape the debate treatment level and a more structured dialogue approaches to implementing equality and propose concrete and systematic between the EU institutions and in Europe the conference gave some policy solutions to combat discrim- national equality bodies. useful input. Concerning the future ination at a European level. direction of EU non-discrimination The second session, chaired by Ailsa policies, however, there appeared »BH Spindler, provided a helpful forum for exchange of best practice with regard to companies' diversity FOR MORE INFORMATION ON THE CONFERENCE (INCLUDING THE CONFERENCE REPORT, management schemes. Speakers WHICH WILL BE PUBLISHED SHORTLY), PLEASE CONSULT: www.closingthegap.ie.

SWEDISH OMBUDSMAN AGAINST SEXUAL ORIENTATION DISCRIMINATION TAKING FORWARD CASES – SOME EXAMPLES

CASE 1: DISCRIMINATION council saw this as a problem and this manner had she been hetero- At the Office of the Ombudsman IN THE JOB INTERVIEW expressed concerns that the plaintiff sexual, a line of argument that against Discrimination on grounds The plaintiff, a young woman, made might initiate an affair with the young the local council concurred with. of Sexual Orientation ("HomO") a complaint to the ombudsman, girl. The local council also made Yet, questions regarding her sexual we have been handling cases where she stated the following: she it clear that they thought it best orientation were asked on several regarding discrimination in working was hired by the family care unit to inform the girl's parents of the occasions after this meeting before life on grounds of sexual orientation in a local council in Stockholm plaintiff's sexual orientation in order they finally hired her. The defendant, since 1999. We would hereby like as a point of contact and guidance to get their approval to the plaintiff's the local council, has in principle to share some of our experience to a young girl. During the first inter- employment. The plaintiff took issue confirmed the facts as described by publishing two of these cases. view for the job, the fact came up with this line of argument claiming by the plaintiff. that the plaintiff is lesbian. The local that they would not have acted in

»P6 ILGA-EUROPE NEWSLETTER On behalf of the plaintiff, the with other co-workers. The plaintiff whether this was inside or just Against this background the ombudsman has reached a settle- and her girlfriend were holding outside the workplace. In his view ombudsman decided to institute ment with the local council. As hands and gave each other a few was not normal court proceedings against the part of this agreement the local light kisses. When the lunch-break and was not something he wanted employer on behalf of the plaintiff, council will, in consultation with was over, the plaintiff and her girl- his company to be associated in accordance with article 24 of the ombudsman, develop guidelines friend went outside the building with. After this incident, the plaintiff the 1999 Act banning discrimination regarding education for employees where they hugged and kissed was increasingly ignored at her in working life on grounds of sexual ori- and a policy in order to avoid dis- each other goodbye. Later that workplace and did not get the same entation. At a preliminary hearing criminatory situations to arise in same day the plaintiff's manager level of guidance as before. The before a Swedish labour court, the future. The local council will asked her to come into his office. situation in the workplace became the ombudsman reached also pay financial compensation He told the plaintiff that he had too much for the plaintiff who an agreement with the employer to the plaintiff. received complaints from other resigned from her job in November on behalf of the plaintiff. As part employees saying that the plaintiff 2001. She was not a member of this settlement the employer CASE 2: DISCRIMINATION and her girlfriend had been "mak- of a trade union at the time. agreed to pay financial damages AT THE WORKPLACE ing out" in the canteen. He then The defendant, the employer, to the plaintiff. The plaintiff, a young woman, went on to say that he himself had in principle disputed the content made a complaint to the ombuds- witnessed the plaintiff "making out" of the claim and the statements »MARIE LINDBERGH man, where she stated the following: with her girlfriend outside the build- made by the plaintiff. The respon- Development Director, HomO on 2 October 2001 her girlfriend ing. He made it clear that the plaintiff dent also stated that the company came to visit her at her workplace and her partner were not allowed was not willing to settle the matter FOR MORE INFORMATION, SEE: during lunch-break. They sat down in the canteen nor were they out of court. www.homo.se in the canteen for a while together allowed to "go at it as they did",

IMPLEMENTATING EU ANTI-DISCRIMINATION LEGISLATION EUROPEAN COMMISSION FUNDS 25 NEW PROJECTS

151 projects applied for funding graphical spread is broad and grounds (age and disability being grounds. These projects constitute under the latest call for proposals includes many accession countries. the others). This compares to eight an important potential to ensure of the Community Action Pro- The variety of actors involved is also projects focussing exclusively that sexual orientation discrimination gramme to combat discrimination undeniable, including NGOs, public on ethnic origin (including three is addressed. Now is the time to (VP/2003/006), aimed to enhance authorities, universities and service promoting Roma integration), one contact project managers to identi- the effective implementation providers. Looking at the grounds that addresses both disability and fy ways of getting involved, either of the two Article 13 directives of discrimination covered in the pro- ethnic origin and five that look – where appropriate – as project into national law. In the end, jects, the picture changes somewhat. at disability as a discriminatory partners or alternatively in a con- 25 projects were selected. Only one project explicitly addresses ground. The remaining ten projects sultative role. sexual orientation discrimination take a more general approach and The Commission – after an inten- as one of three discrimination apply equally across the different »BH sive evaluation process of the first call for proposals – had decided TO FIND OUT MORE ABOUT THE SELECTED PROJECTS AND HOW TO CONTACT THEM, SEE EQUAL RIGHTS IN PRACTICE AT: to impose specific and prescriptive http://europa.eu.int/comm/employment_social/fundamental_rights/pdf/pubdocs/newsletter1_04_en.pdf priority areas in order to increase the quality of the projects. To the same end, it was decided to select THE EIGHT PRIORITY AREAS THAT WERE FUNDED UNDER THE CALL FOR PROPOSALS WERE: fewer projects but fund them all the way through preparatory "Non-Discrimination Law Programme": aims to ensure that the new laws and implementation phase rather become practical tools for achieving social change across the EU than have a second "weeding out 1. Training of legal practitioners: 5 PROJECTS process" after the first six months. 2. Training of NGO representatives: 9 PROJECTS Those few fortunate enough to be 3. Informal networking amongst equality bodies: 2 PROJECTS part of the selected 25 will now 4. Informal networking amongst research institutes: 1 PROJECT have to develop their full proposal; deadline for submission is 15 "Non-Discrimination Policy Programme": aims to contribute September 2004, with a start to the development of good monitoring and assessment tools to help decision-makers date for the implementation stage shape appropriate policy responses set for 1 December 2004, lasting 5. Developing the case for collecting data: 1 PROJECT for two years. What about diversity 6. Developing monitoring tools: 3 PROJECTS of the projects selected? The geo- 7. Co-operation between public authorities and civil society: 1 PROJECT 8. Promoting Roma integration into education and employment: 3 PROJECTS

ILGA-EUROPE NEWSLETTER »P7 UK SEXUAL ORIENTATION REGULATIONS CHALLENGED BY UNIONS HIGH COURT REACHES DECISION IN APRIL On 1 December last year, we and youth groups. Our second to the faith exemption, the judgment decision to take a case to Europe celebrated the coming into force objection was to a blanket exemption leaves us a very narrow interpretation which tests the limits of the law of the new law, which gave lesbian, for workplace benefits dependent of which posts are lawfully exempt. should not be taken lightly, as gay and bisexual workers protection on marital status. This means that The judge – Mr Justice Richards – an unfavourable judgement would from discrimination for the first time. it is still lawful to deny benefits ruled that it must be interpreted impact on all 25 member states. But, in the midst of celebrations, to same-sex partners that are only as only applying to ministers serious discussions began about available to spouses. We argued of religion, plus a small number Since this hearing, the government challenging two exceptions in the that these two exceptions did not of posts outside the clergy, and has published the Civil Partnership regulations. One was an exemption comply with the EU Framework that it was not likely to apply Bill, which will give same-sex cou- when "employment is for purposes Directive. On that basis, we demanded to teachers in faith schools. This ples who register their partnership of an organised religion". This allows that UK High Court quash these makes it unlikely that any of our the right to benefit from their part- an employer to insist that a worker particular regulations. UNISON made members can be lawfully refused ner's occupational pension. This must be of a particular sexual this claim along with six other employment or sacked by a faith does not go far enough, as it fails orientation (presumably straight!) unions, representing education employer because of their sexual to grant surviving partner benefits to comply with the religion's workers, other public and voluntary orientation. The remaining question for all financially interdependent doctrines or to avoid conflicting sector workers and civil servants. is whether we appeal the judgement couples. Yet, it is a first step with the strongly held convictions on the exception for benefits depen- and as such, much welcomed. of the religion's followers.1 Our When we finally received the judge- dent on marital status, such as concern was that this exemption ment – after a three-day hearing surviving partner pensions. Although »CAROLA TOWLE would be used to sack lesbian, in April – we were obviously dis- we are clear we are right in law, National Lesbian and Gay Officer gay and bisexual workers in faith appointed to find the judge had there are considerable uncertainties UNISON – the public services union schools and voluntary sector ruled against us. Still, the case as to the position the ECJ is likely projects such as care homes was worth pursuing. With regard to take. We recognise that the

BUILDING UP INFRASTRUCTURE FOR QUALITY VICTIM SUPPORT QUBA PROJECT QuBA is a co-operation project progress in the battle against a series of training seminars, sexual orientation, disability and between Fundació Salut i Comunitat discrimination on the legal front, focussing both on theoretical know- ethnic origin. This heterogeneity (Spain); Comune di Roma (); legislation can only be effective ledge and practical methodological was a real challenge. Whilst an Arcigay Nazionale (Italy) and when it is accompanied by spe- skills. Professional trainers who important basis for exchanging ideas, Landeszentrum für Zuwanderung cialised and easily accessible participated in one of the three experience and strategy, it raised (), funded under the support services. In many EU transnational seminars subsequently some tough questions: how to find Community Action Programme countries, such qualified and implemented similar trainings at a common ground for communica- to combat discrimination. competent support is still lacking. regional level. One such example tion? Can basic support services Key agents that could play this was a seminar held in Bologna, address multiple target groups or QuBA was established to respond role are organisations involved called Walking on the Wild Side. is a specialised approach to anti- to a serious gap in service provisions in service provision to potentially It addressed the issue of homosex- discrimination necessary? What does to potential victims of discrimination. discriminated groups. Yet, their uality and migration, its implica- this imply for people with interlink- Whilst there has been impressive ability to do so is limited: a recent tion on health and intercultural ing experiences of discrimination? study co-ordinated by QuBA revealed services, with a particular emphasis that most councillors in social ser- on male sex workers. One of The project will hold its closing vice organisations do not have the the project's real strength was conference in Cologne on 25 June qualifications or confidence to assist the creation of local networks, 2004. Yet, the work continues: victims of discrimination. enabling a diverse set of key actors in Germany, for instance, there are (trade unions, service providers, local plans to establish a one-year training This is where QuBA comes in: authorities) to co-ordinate their programme. the project offers specialised training efforts in the field of discrimination. for members of staff in the field The project involved people discri- »WANDA SPIELHOFF of social service provision through minated against on various grounds: Landeszentrum für Zuwanderung

1 This is in addition to a separate regulation, that we were not challenging, which allows an employer to insist a post is restricted to workers of a particular sexual orientation, because that is a "genuine and determining" requirement of that post.

»P8 ILGA-EUROPE NEWSLETTER PLANS TO SET UP A NEW EU HUMAN RIGHTS AGENCY A GIFT FROM HELL?

On 13 December 2003 the Euro- Amsterdam: Sexual Orientation level and to develop mechanisms to hear from NGOs what should be pean Council made a surprise and the European Union", p. 65). against which each EU policy can the key issues to be raised in the announcement that the Vienna-based However, several ingredients – be measured. Further, it could play consultation document. The issues European Monitoring Centre on lacking in its predecessor – an important role in raising aware- discussed included the competence, Racism and Xenophobia (EUMC) are needed for this body to work. ness of human rights violations the geographical scope, the area was to become a new human in the European Union and in third of action and the tasks of the rights agency. This declaration The mission of the agency, its countries (in particular those which agency. There was a general agree- was received with mixed feelings. function, competencies and powers have entered agreements with the ment amongst the different NGOs MEP Joke Swiebel (PES/NL) talked need to be clearly defined. The EU). Finally, it should as well pro- on the conditions necessary for about this new agency as a "gift agency has to be properly resourced: duce research and gather information this body to function. However, from hell". Many people remain financially and staff-wise. This body on good practices, which can be one area of divergence concerned sceptical about the possibilities of needs to be strictly independent from used in lobbying at EU and national the geographical scope of the human a body, which is today considered the EU institutions. Further, the need levels. rights agency. Some NGOs felt that dysfunctional, to become a fully for transparency is particularly the limitation on resources would workable and respected institution. important in the context of a human A meeting between the Commission mean that the scope should be rights body. In its work, it has (Directorate General Justice and reduced. ILGA-Europe took the posi- With cautious optimism, ILGA-Europe to consult and co-operate with Home Affairs) and human rights tion of having a large scope in order feels that this is an opportunity for non-governmental organisations NGOs was organised on 20 April to increase the protection of human human rights to become a more like ILGA-Europe. 2004 to discuss the future of the rights beyond the frontiers of "fortress central issue in the EU and in turn human rights agency. Alain Brun Europe". for LGBT issues to be taken seriously If these conditions are met, the future (Head of Unit) announced the beyond the employment field. It human rights agency will potentially intention of the Commission to open Work on this area is to be pursued mirrors a demand formulated have a major role to play at EU level. a consultation on the human rights to ensure that a strong institution by ILGA-Europe in 1999, namely It might, for instance, prove to be agency. A green paper will be pub- will monitor the proper implemen- that of broadening the mandate a remedy to the lack of any coherent lished during the summer, and tation of the Charter of Fundamental of the EUMC to monitoring of dis- policy in relation to human rights a public event is scheduled in the Rights in all EU policies. crimination on all Article 13 grounds in the European Union. Also, it may autumn to discuss the outcome (see the recommendations in ILGA- have the potential to become the of the consultation. At this stage »CHRISTINE LOUDES Europe's 1999 guide "After human rights watchdog at EU the Commission was interested

EU SENDS MIXED MESSAGE ON HUMAN RIGHTS OF LGBT PEOPLE PARLIAMENT REPORTS ON HUMAN RIGHTS

On 22 April 2004 the European It came at an important moment, The same phenomenon could be by all persons irrespective of their Parliament reconfirmed its commit- only weeks after the Parliament's observed at the UN Commission sexual orientation as Italy refused ment to human rights by adopting report on in the on Human Rights. The Brazilian to support the joint EU statement. a resolution focussing on human EU was voted down on 1 April. draft resolution on human rights rights in the world. The text speaks Drafted by MEP Alima Boumediene- and sexual orientation, which sought In an increasingly complex Euro- out for the principle of non-discri- Thiery (Greens/F), the report would only to reaffirm human rights long- pean and international context, mination on the basis of sexual have spoken out in favour of the established in , was it is vital that the new European orientation and clearly spells out, right of gay and lesbian couples to again postponed to next year's Parliament continues in the footsteps inter alia, the importance of repro- adopt and marry and of full equal session after opposition by a number of its predecessor. We hope it will ductive rights. It explicitly mentions right to free movement within the of states. Despite the European take the lead and guide all 25 human rights violations against EU for unmarried couples, be they Parliament's and the EU member states towards achieving in Egypt and is a welcome, of the same or opposite sex. The Presidency's express commitment full legal and social equality of its if somewhat vague contribution to heated debate and subsequent to support the Brazilian resolution, gay, lesbian, bisexual and trans- anchoring LGBT rights in the EU's rejection illustrate clearly the con- the EU failed to speak with a sin- gender citizens. human rights policy. tinued divisive attitudes to LGBT gle voice in favour of the full rights concerns even at EU level. enjoyment of human rights »BH

ILGA-EUROPE NEWSLETTER »P9 COMMISSION ON HUMAN RIGHTS THE "BRAZILIAN RESOLUTION" AND BEYOND

The LGBT activists seemed to be arbitrary executions. It asks gov- identity. At UN level, there is still Interview with Rosanna relieved this year when the postpone- ernments to investigate executions a great level of ignorance about Flamer Caldera and Kürsad ment was announced. Why is that? committed on discriminatory the injustices suffered by many Kahramanoglu, Co- grounds, including sexual transgender people. We also have Secretaries General of ILGA. RFC If the resolution had been put orientation. to make sure that the NGO delega- to a vote, there was no guarantee tion next year includes more trans- It is the second time the UNCHR post- it would have passed. If rejected, sexuals and more French speaking poned the debate over the Brazilian it would probably have been left African LGBT activists. Visibility resolution. What happened? off the UN agenda for a number really makes a difference, govern- of years. The Brazilian resolution ments can ignore us only Rosanna Flamer Caldera happens in very troubled times to the extent they do not see us. In 2003, the Organization and could be easily used politically of Islamic Conferences asked to oppose secular countries KK We have to use the extra time for 55 corrections to the text, making against fundamentalist ones. to concentrate on lobbying the 53 it unvotable. This year, the whole Cesar and Pedro (Argentina), countries making up next year's process went smoother, even What happened to ILGA's petition Beto (), Helmut and Yves UNCHR. Europe needs to play though this was one of the hottest supporting the resolution? (Switzerland), Carlos (Fiji Islands) a more assertive role; Brazil and Rosanna (Sri Lanka) were topics in Geneva. Brazil did not should have the courage to follow part of the activist group withdraw the text; it simply asked KK ILGA was officially received by what they have started. This reso- who joined ILGA in Geneva. that the debate be postponed; the Chairman of the Commission lution is only one step towards and nobody objected to the post- to deliver the petition. The petition our main goal: to get rid of dis- ponement. The decision was so was a success: 45,000 individuals KK For the first time in its history, crimination against LGBT people quick – it went almost unobserved! and about 1,000 organisations the UNCHR hosted a large team of anywhere in the world. Work signed in only three months. LGBT activists and NGOs. A series at the UN is important – but Kürsad Kahramanoglu The Brazilian resolution is giving of panels was held and numerous the real changes will be made The UN truly has its own us a chance to test our forces public statements referred to dis- at home in each country, with dynamics: nations who would hardly stand up for their own people's human rights at home will fight for a word in Geneva. OUR STRUGGLE GOES WELL BEYOND A UNITED NATIONS RESOLUTION ON Some say Brazil was left alone, “SEXUAL ORIENTATION. WITH OR WITHOUT THE UN, WE WILL GIVE VOICE not supported by other countries, even though the European Union AGAIN AND AGAIN UNTIL OUR EXISTENCE AND RIGHTS ARE RECOGNISED. announced its support way ahead ” of time. But this resolution simply as a movement and our ability crimination on the grounds of sex- the help of all activists interacting cannot be a "Western only initiative". to mobilise our people. Much ual orientation and . with their governments. Others claim Brazilian President more still needs to be done to get LGBT activists were able to develop Lula's government backed down the word out to the general public closer relationships with many The full interview is available so as not to hurt the Arab countries and to get the press involved. delegations. Our most significant on-line at www.ilga.org he plans to invite to an economic achievement was an invitation forum this fall. What was achieved in the UN by the group of Latin American »STEPHEN BARRIS this year? and Caribbean countries (GRULAC) Information Officer, – a great opportunity to lobby ILGA World News RFC The resolution forces many for a collective co-sponsorship countries to face the issue of sexual for the resolution in 2005. diversity. About 70 countries still criminalise same-sex relationships. What are your plans for this coming The resolution acts as an invitation year? to revisit and correct these laws. Another piece of good news was RFC We need to ensure next the adoption of the resolution on year's resolution includes gender

Pedro Anibal Paradiso Sottile (CHA Comunidad Homosexual Argentina) taking the floor at the UNCHR.

»P10 ILGA-EUROPE NEWSLETTER INTERGROUP ON GAY AND LESBIAN RIGHTS FAREWELL TO MEP JOKE SWIEBEL

Dear colleagues and friends, variety of issues, from human rights requests for help or information to family relations, including the EU from individuals and civil society As I will not be standing in the up- staff regulations; religion and free organisations, and we have tried coming European elections, I take choice; the work of the Convention our best to give an answer the liberty of sending you this on the Future of Europe; and recently, to them: either by questioning farewell letter and sharing with the wider Europe concept and the the Commission or the Council, you some thoughts on the activities EP elections. or through official submissions of our Intergroup during the past to governments all over the world. period as well as some perspectives In November 2003 we organised for the future. a large public hearing on the issue In this context, I also would like to of "sexual orientation discrimination thank our civil-society counterpart, sexual orientation and gender I have enjoyed these last five years in employment". This hearing was ILGA-Europe, with whom we have identity. We urgently need a more of my term as an MEP, but it has a benchmark for the fight against closely co-operated during the last sensitive EU human rights policy – been a special pleasure and honour discrimination in employment years. I am also very grateful inside and outside the Union – for me to chair the Gay and Lesbian throughout Europe, and we are towards all MEPs who have that will cover LGBT rights as human Rights Intergroup within the Parlia- especially proud of the fact that supported our initiatives. Thanks rights. We will have to strengthen ment. The idea of a Gay and Lesbian we were able to bring together to all those colleagues at the EP, the monitoring processes that Rights Intergroup was not new in make sure that the 25 EU member the House, but it took some time states comply with their human for the Intergroup after the last rights obligations and guarantee elections to regain its official a serious implementation of human status, but we succeeded finally rights clauses in all EU external thanks to the support of the PES, relations, be they association and the ELDR and the Greens. This cooperation agreements or general has allowed us to make use of EP partnership programmes. premises for our meetings as well as to have interpretation services. We stop our activities here, Furthermore, this political backing but I am sure that once the new was in itself a "bonus", even more Parliament is well established, so since our Intergroup became a new Intergroup on LGBT Rights a real cross-party group when will be put in place. In our last a member of the EPP-ED joined meeting in April, MEPs and our steering committee. We could activists from civil society unani- also count on the active participation mously affirmed the importance of and support of our friends from having such a body re-established the GUE/NGL and the Radical Party in the new legislature. We cannot in most of our activities. yet foresee how or when that will European civil society and politi- we have achieved one of our main be done. I do only hope that "our The Intergroup was re-established cians in what turned out to be aims, i. e. the building-up of an bit" has been of help in the fight in March 2000. In June 2001, it a very practical exercise "early warning system" to monitor against discrimination and in the organised a public hearing on the in exchanging experiences and improve legislation within search of equality for all. position of gay men and lesbian and denouncing gaps the European Parliament. women in the EU accession coun- and omissions. I wish you all the best for the future. tries, titled "EU Enlargement: a Gay Yet, there is still much to be done. Perspective". The Intergroup was The Intergroup has established The issue of the diversity of family »JOKE SWIEBEL re-launched, after it had regained many links with actors outside relationships and its recognition at Member of the European Parliament its official status, in September the European Parliament. We tried EU level should be re-taken in the for the Dutch Labour Party 2002, with a follow-up meeting to keep in touch with day-to-day near future, but also the fight against to the public hearing on gay reality and to reflect the pressing discrimination outside employment Chair of the European Parliament and lesbian rights in enlargement concerns of the LGBT community and, most important, the recognition Intergroup on Gay and Lesbian Rights countries. There have been twelve and of society at large. In the last that people are suffering human meetings since, covering a wide two years we have received many rights violations because of their

The intergroup website www.gayandlesbianrightsintergroup.org will remain accessible at least until the end of this year. Joke Swiebel can be reached under the following email address: [email protected]

ILGA-EUROPE NEWSLETTER »P11 EUROPEAN PARLIAMENT ELECTIONS ILGA-EUROPE CAMPAIGN

ILGA-Europe together with its member everyone, however, agreed with thing to do with family is beyond more often than others. (…)". One organisations prepared a compre- the need to protect LGBT people EU competence. Opinions diverged respondent, when asked whether hensive questionnaire on LGBT from discrimination – a Maltese most significantly with regard he would actively work for LGBT rights in the EU (see Newsletter # candidate added the following to parental responsibilities. Some rights as an MEP, stated "I think 04/01). The questionnaire was comment: "We will never allow opposed it outright on the grounds my experience could be of great sent out to political parties and homos or to teach or be of wishing to protect the rights help as I have worked with such individual candidates at member in contact with our children. Keep of children ("A child has the right people as psychiatrist before". state level. In total, we received that in mind!" Others were uncertain to one parent of each sex"). If anything, such comments some 300 individual candidate about their answers because There were also elements of fear indicate the levels of ignorance responses from 14 different they did not think the EU was the and the need to protect children as we still need to challenge. member states in addition to party appropriate level to tackle these "the weakest members of society" responses from Germany, France questions. They argued that it was – what they need to be protected On the whole, the questionnaire and Luxembourg. best dealt with at national level. of, however, was left unanswered. was a great way of raising aware- Others were not in principle opposed, ness and of finding out where we Looking through the data, the general With regard to family diversity, many supported same-sex marriage can and cannot count on support. trends were not altogether surprising. candidates expressed their full but felt that there was not enough The results were encouraging Levels of support faded as the support for legal recognition of same- scientific evidence yet on the influ- though they also clearly highlighted questions approached the highly sex partnerships but opposed to ence of growing up in a same-sex the challenges ahead. On the contested issue of family diversity, grant same-sex couples the right couple on the child: "we should practical side, the data will be namely same-sex marriage and to marriage. As one candidate put educate us, find out about specific a precious bench-marking tool, particularly parental responsibilities. it: "Marriage is a religious concept, effect on the child, his behaviour, that we can use in future to hold With regard to non-discrimination, specific to heterosexual couples." lifestyle, etc. Most research has individual MEPs and parties the relatively high level of support Others again questioned whether shown, that most homosexuals do accountable. for transgender rights was encour- family issues should be discussed not stay in a relationship for a aging, if somewhat surprising. Not at EU level at all, seeing that any- long time. They change partners »BH

FOR FURTHER INFORMATION, SEE: http://www.ilga-europe.org/european%20election2004/national_campaigns.htm

LOOKING BACK AT FIVE YEARS AT THE EUROPEAN PARLIAMENT INTERVIEW WITH MEP JOKE SWIEBEL

At a recent meeting in Amsterdam Ailsa Spindler Has the situa- to discuss sexual orientation issues tion of lesbians, gays, bisexuals in the context of the European and in the Parliament elections, Ailsa Spindler, European Union improved over Executive Director of ILGA-Europe, the last years? discussed a number of questions with Joke Swiebel MEP, and chair of the Intergroup on Gay and Lesbian Joke Swiebel There have Rights in the European Parliament. been a number of significant Joke has decided not to stand for advances, including Article 13 re-election this year. She has been of the Amsterdam Treaty, and the AS How can we develop a strat- competence to legislate on marriage, a great champion and ambassador action programme which followed. egy to realise mutual recognition but some areas of Community law for LGBT issues over the last five The Charter of Fundamental Rights of registered same sex partnerships overlap with international personal years. ILGA-Europe acknowledges is also a breakthrough; both and the opening of marriage law. For example, the first draft of her great contribution and wishes of these EU instruments will have for persons of the same sex? the Free Movement Directive was her a happy "retirement" – she will even more impact if they are incor- amended by the Parliament to be sorely missed. porated into the EU Constitution, JS Well, the recognition of same recognise the need to protect same- giving a better legal base to pro- sex partnerships is very different sex partners moving across national tection from discrimination. from marriage. The EU has no legal borders. Unfortunately the final

»P12 ILGA-EUROPE NEWSLETTER version was not as strong in this a consistent policy for all EU staff, (see p. 5) but one suggestion is European Parliament been respect as we wished, but the whole and it should recognise the validity that action is taken to address the for co-ordination of and debate area of partner recognition needs of same sex relationships. With hierarchy of discrimination. Racial on LGBT issues and policies? more work. This is a job for the new an increasing number of member and ethnic minorities are better parliament members, working with states giving legal recognition protected than lesbians, gay men JS The Intergroup has enabled us NGOs such as ILGA-Europe. to such relationships, this lack of and bisexual people, because to focus attention on LGBT issues equal treatment by the institutions of the limitations of the Framework across the political spectrum. The AS How come the EU institutions is a problem that must be tackled Directive. Although some member parliamentary hearing on sexual still are too reluctant to treat before it gets worse. states, such as Belgium, have taken orientation, held in November enduring same sex relationships the initiative and given equal pro- 2003, was a wonderful day of of their staff members equally AS Which changes are needed tection at the higher level, we need discussion, debate and exchange to marriage? in the continuation of the action an EU directive giving equality of information, which has led to programme? to all minorities. LGBT rights being on the agenda JS This was a clear case of the for many politicians. three institutions not acting in a JS This is a subject addressed AS How useful has the Intergroup co-ordinated way. There should be by the Commission's Green Paper on Gay and Lesbian Rights in the »AS

ILGA-EUROPE'S LATEST REPORT ON THE CHALLENGE OF ACCESSION

Lithuania, Malta, Poland, Slovakia people. All these incidents constitute and to the EU institutions. At national and Slovenia) and one, in a can- clearly violations of human rights level, these recommendations pri- didate for accession (Romania). protected by the European Conven- marily concern a general ban of The report highlights the different tion on Human Rights. They need discrimination on grounds of sexual forms of violence and discrimination to be addressed as soon as possible. orientation coupled with the estab- people face in different areas of their lishment of equality bodies to monitor life because of their sexual orientation. To prevent discrimination and vio- and prevent discrimination. At EU lence, many people tend to conceal level, the Commission needs to The data and statements collected their sexual orientation. Conceal- ensure that the framework directive by national organisations show ment is particularly frequent in the is implemented properly and that that discrimination on grounds public sphere, i. e. in the workplace, legislation and policies go beyond of sexual orientation affects several in health care and housing, in the the field of employment and extend areas of people's life. Different forms church or in the streets. Furthermore, to access to goods, facilities and ILGA-Europe is currently finalising of discrimination exist in the family, to bring to an end the ongoing services as is the case for anti-dis- a report called Meeting the challenge in education, in the workplace, violence and discrimination experi- crimination provisions on grounds of accession. This is a summary in the army, in health services, enced, a majority of respondents of ethnic origin. report on sexual orientation discri- in housing and in the church. Those consider leaving their country. mination in countries accessing range from direct and indirect This summary report is the fruit of (or planning to access) the European discrimination to harassment The ultimate aim of the report is to national and European co-operation. Union. This report is a comparative and physical violence. The high level place the fight against discrimination So far, the announcement of its summary based on national reports of violence experienced by the on the ground of sexual orientation publication has been met with much written in ten countries by ILGA- respondents combined with the at the core of the "acquis commu- interest from the media and LGB Europe member organisations. generally limited action taken by nautaires" and to reinforce the organisations. Let's hope that there Amongst the countries reports nine the police to remedy and end this instruments dealing with discrimi- will be more cross-national are looking at the situation in the violence is particularly distressing. nation. To achieve this, the report endeavours in this direction. new EU member states (Czech In certain cases, the police contribute puts forward some key recommen- Republic, Estonia, Hungary, Latvia, to the violence directed at LGB dations to the new member states »CL

ENLARGEMENT WHAT DOES IT MEAN TO YOU? This is the first newsletter of ILGA- LGBT rights, the hopes and chal- this reason, ILGA-Europe appro- situation of LGBT rights and finally, Europe after the EU's enlargement lenges. All too often, however, ached some of its members to tell we asked them to share with us to a union of twenty-five member we forget that we are talking about us what accession means to them, how they celebrated enlargement. states. Much has been written about individuals. Enlargement is about what it brought with regard to the Here are some of the responses: the process, its implications for people and their experiences. For

ILGA-EUROPE NEWSLETTER »P13 CHRISTIAN ATTARD only half of the Island to participate another day. It was funny in a way KVETOSLAV HAVLÍK FROM MALTA at the moment. However, we are to receive SMS messages from FROM THE looking forward to a united future. excited friends from all over Europe at midnight, saying welcome. I felt The four major towns held open-air we had been part of Europe long celebrations in the main squares before that. with dances, music, concerts and fireworks at midnight. Our members Drustvo prijateljev Legebitre- "incognito" joined the celebrations. Friends of Legebitra Accession for me has meant that I Later on a small group came to For me, accession means a real Kersnikova 4 am now part of a family that gives my flat, which houses the GLM of re-opening of Europe and the 1000 Ljubljana - Slovenia human rights the importance they Cyprus and watched the accession world to our country and also [email protected] deserve by placing them at the heart of the remaining countries on TV. to our LGBT minority. It wasn't www.drustvo-legebitra.si of its agenda. More importantly always apparent, but in the long gay rights, my rights, will be Movement years of preparing for accession, acknowledged as human rights, of Cyprus SOLYMER BENCE Czech politicians and many Czech which is in stark contrast with the P.O. Box 21947 FROM HUNGARY citizens have learnt a lot from way in which they were so often 1515 Nicosia Cyprus "western European democracies" overlooked in the national context. about political democracies and As an activist, this gives me a greater the rights to openly declare and impetus to work for a cause I so MIHA LOBNIK fight for sexual, regional, political strongly believe in. FROM SLOVENIA or other interests and rights.

We celebrated accession by joining Accession brought a lot of new in the national celebrations that were I am Bence, an LGBT activist legislation (e.g. the new labour law) held in the magnificent surroundings in Hungary. Accession from my that helped not only the minorities of the Grand Harbour. As we watched activist point of view means it addressed but also from a broader the projections on the ancient walls a milestone in the development perspective Czech society in general. of our capital and the fireworks in of LGBT rights in Hungary and most 1 May is the date when we started the sky, on the stroke of midnight I see accession very much related of Central Eastern Europe. There to be a true member of the EU. we proudly held together rainbow to my work over the last years. When is legal protection for gay, lesbian, flags and flags of the European Slovenia started negotiations with bisexual and transgender people The day was celebrated with fire- Union, much to the surprise of some the EU, I was involved in interna- in my country in many fields works in all big cities of the Czech passers-by who are not much used tional networks like IGLYO and of life. However, we still have Republic. In my hometown Brno to overt displays of ILGA-Europe. I was trying, in a way, a lot to do to learn to live with these we always go out for big celebra- in this tiny island. to add to the changes, securing rights, to enforce them where tions. So, some of my gay friends more freedom and protection from necessary. A large part of the path and I went to the hill in the centre Malta Gay Rights Movement discrimination. Often, referring leading to equality is still to be of Brno and watched the fireworks. 32, Parish Street, to European values really helped trodden. We opened a bottle of sparkling Mosta MST03 in lobbying for LGBT rights at home. wine and felt it was a very special [email protected] For us in Slovenia, the new Europe On the night of accession I went moment in our lives because for a www.maltagayrights.org is a challenge. Until now, we were to a concert on the famous Heroes moment we became part of history. Tel: +356 99255559 one of the most liberal in the group Square in Budapest to listen to of candidate countries. But from Khaled and others. I drank beer Gay Initiative in the Czech now on, we have to compare with some friends and danced Republic ALECOS MODINOS our situation with a much more away for the music. Acquaintances Senovazne nam. 2 FROM CYPRUS diverse, and often more liberal, greeted one another "Happy Europe!", CZ-120 00 PRAHA 1 European context. though some muffled voices Czech Republic of hostility towards the foreigners Tel: +420 224 223 811 During the celebrations, I was were also heard. Later, with another GSM: +420 605 292 364 in Catania (Italy), a beautiful town group, we went out to another [email protected], under the Etna volcano with three square in the city centre, carrying [email protected] Slovenian friends. We had a nice a rainbow flag. gay.iniciativa.cz dinner and were happy to be away Being part of ILGA- Europe is a great from the big, official celebrations asset for the Gay Liberation Move- in Slovenia. In Catania, there were Háttér Társaság a Melegekért ment of Cyprus. We are delighted no special celebrations: I must (Háttér Support Society that Cyprus, a small Middle Eastern confess, I liked the fact that life for LGBT People in Hungary) Island, will now be obliged to behave was going on as though nothing H-1554 Budapest, Pf. 50 as a European country and follow much was happening. Building up Tel./Fax: (36-1)329-26-70 the EU's decisions. It is sad that Europe is a long and continuous [email protected] the result of the referendum allows process and Saturday was just

»P14 ILGA-EUROPE NEWSLETTER ROBERT BIEDRON met many great people. Even if I celebrated enlargement together the dominant concern being eco- FROM POLAND Romania is not yet part of the EU, with activist friends of mine from nomic development and connected we are all Europeans, even if the LGL. We were invited to participate reforms. Therefore without the help administrative borders still divide us. in a Belgian television programme, of EU directives we would hardly called "Europe – 10 points". It was celebrate adoption of the Equal Campaign Against great fun! Treatment Law, which passed /Kampania in the Parliament only last week. Przeciw Homofobii (KPH) Lithuanian Gay League [email protected] This law is crucial in the context [email protected]; For Poland the accession is a great www.kampania.org.pl of LGBT rights in Slovakia: for the +370 612 58211 challenge. The population in Poland phone: +48 22 423 64 38 first time we have comprehensive www.gay.lt is very homogeneous: 95% are legislation that bans discrimination Eduardas Platovas Catholic and originally from Poland. based on sexual orientation and [email protected] Accession is a chance to have more EDUARDAS PLATOVAS gender identity. We can only hope contact with other cultures, religions, FROM LITHUANIA that people will find enough courage ways of thinking and living – it might MARIANNA SIPOSOVA to use this tool for their protection. be very fruitful for our country. Also, FROM SLOVAKIA being part of the EU, means that There weren't really any big symbolic more gay and lesbian couples will celebrations in Slovakia on 1 May. come to Poland from countries like I don't know of anyone who cele- Germany, Holland and other brated. I think it is more of a gradual European countries. They will expect process – we have to try and use their rights to be respected and may Accession speeded up the adoption this opportunity for all it offers. well challenge attitudes of the Polish of the Equal Opportunities Law, And we should do this every day government. which will protect lesbians and For Slovakia's LGBT minority, being not just on one symbolic one. gays from discrimination at work, part of Europe is probably not much In the evening of accession, I was in education, and in the provision different from other new member OZ ALTERA on my way to Romania. It was of goods and services. Lithuanian states. P.O.Box 193 a great experience – I had always Gay League lobbied for this law for 810 00 Bratislava 1 - Slovakia thought of Romania as poor and some years and will monitor its LGBT rights, discrimination and Tel./fax: +421-2-5542 1102 ugly. But that was such a stereo- proper implementation after it will human rights in general are not [email protected] type! I saw a lot of the country and be enforced on 1 January 2005. high up on the political agenda, »IAIN GILL

POLAND MARCH FOR TOLERANCE RESULTS IN VIOLENCE On May 6-9, the Cracow branch to show up after all the fuss in the right-wing organizations. "I saw aggressive. We couldn't move any of Campaign against Homophobia media. Instead, a river of 1,500 a lot of leaflets and posters saying further." (Kampania Przeciw Homofobii, KPH), people chanting tolerance and 'Let's kick homosexuals out of organised the Days of Culture for singing, marched in support Cracow', and similar, more offensive Finally, the police and the organisers Tolerance in Krakow. The festival of democracy, freedom of speech slogans. Many participants were agreed it would be best to tell people programme included parties, lectures, and LGBT rights", said Sylwester really scared." Some organisers to disperse. But as small groups poetry evenings, a visit of LGBT Gumienny, the KPH's secretary. had received text messages on were moving back towards the Old activists to the former concentration their phones, saying: "Show up Town square via the only way out camp in Auschwitz, and other events. The organisers had been expecting at the Old Town, and you will die." – a nearby park – they were chased But it was the march in support of a counter-demonstration of the Pan- by neo-Nazi youth. "We stormed LGBT rights that stirred unrest and Polish Youth, and groups of football When the parade approached into the square trying to find a place gave rise to protests of local right- supporters and hooligans promised the Wawel Castle, where it was to to hide, but the restaurant owners wing politicians and dogmatically they would come to oppose the end, they met the protesters, who refused to let us in," recalled anti-gay organizations, which parade. Hence, the peaceful march threw eggs, stones, and even bottles Sylwester. "So we scattered through- evolved into violent riots lasting until for tolerance had to be escorted by at them. "They appeared to be well out the square, and blended into the evening on that day. ILGA-Europe the police, who changed the route organised. The police prevented us the crowd not knowing where to go received a number of reports from of the march wherever Pan-Polish from any direct contact with them. and what to do next, completely KPH activists and the participants. Youth organised blockades. We acted calmly. We didn't want helpless and horrified." anyone to get provoked to retaliate. "We were expecting about 300 Malgosia, who also walked in it, We threw flowers at our opponents The square was crowded with people people to march. We thought told us that before the festival there and chanted peaceful phrases in – strolling or sitting at outdoor cafes people would be too scared had been threats from extreme their direction. They only got more and restaurants. When the police

ILGA-EUROPE NEWSLETTER »P15 arrived a regular fight ensued, with – an honorary leader of Pan-Polish ears. In the aftermath, KPH an- At least, as Malgosia emphasized, the hooligans picking up glasses Youth. The slogans about civic nounced filing a complaint against the march for tolerance caused and bottles from the tables and society are just fairytales that Pan-Polish Youth, the League of a national debate, with politicians throwing them around. "Confused politicians tell the public." Polish Families, and two of its city and intellectuals speaking ill tourists didn't know what to do. councilors with the Prosecutor's or in favour of it. "This was the Mothers with children were trying Before the march KPH appealed Office. "They staged an illegal first such event in Cracow. It just to escape from the place. Then the to the opponents to observe the counter-demonstration, incited hatred had to point the way. Hopefully, police started shooting in the air Christian values they so often refer and violence, and used it against next time it will be different here." to calm the situation." to, and which violence contradicts. a peaceful demonstration", said Unfortunately, the appeals fell on deaf Robert Biedron, KPH's chairman. »KONRAD SZMERDT Twenty of the most violent hooligans were arrested; 12 of them eventually charged for taking part in the riots and three – for assaulting a police THE 'RIGHT' CONCEPT OF LAW AND JUSTICE officer (a bag of acid thrown into the crowd hit him in the face). Meanwhile, for the third time Warsaw President, Lech Kaczynski of Law and Justice (a right-wing party), refused to grant permission to ILGCN Poland to organise the Parade of Tolerance scheduled for June 11, "I'm sorry that a peaceful demon- after the region's governor overruled the previous two, and sent them back for reconsideration. stration was attacked by a much smaller group of aggressors," said Mr. Kaczynski concluded that the parade was aimed at presenting the views of sexual minorities concerning Tomasz Szypula, KPH Krakow their "sexual behaviour". In his opinion, it contradicted the rules of public decency, and would lead vice-chairman. "There were TV crews to "dangerous events" posing a threat to local residents. The president said that tolerance did not come and journalists from other countries. up to approval. The organisers intend to bring a lawsuit against Warsaw authorities to the Administrative May Europe see how weak democ- Court. As time has run short, the parade had to be cancelled. However, those who intended to walk racy in Poland is, and that violence in the parade are invited to join the Demonstration for Freedom, organised by different human rights rules the streets. People suffered cuts organizations, to take place in front of the City Hall in Warsaw on 11 June. and bruises in the attack. There are photos proving that the protest was Warsaw Parade of Equality has never resulted in violence, save for minor protests overwhelmed coordinated by a city councilor by the curiosity of friendly lookers-on. from the League of Polish Families

FIGHTING FOR HUMAN RIGHTS IN ROMANIA THE NEED TO "CLOSE THE GAP"

In our last Newsletter (#01/04, p. 15-16), Sorina Biaciu, Programme mination is incomplete: currently, been crowned with some success: Co-ordinator for the National Council for Combating Discrimination no Romanian law prohibits instruc- the Romanian parliament accepted in Romania, spoke about her experiences with the NCCR and Romania's tions to discriminate. Nor is harass- our proposals on instructions recent advances in the field of human rights. She emphasised the positive ment dealt with sufficiently and the to discriminate, victimisation development, not just on the legislative front but also concerning the actual definition of victimisation does not and audio/video recordings. implementation of the new rights and highlighted the positive role of the follow the minimum standards laid NCCR in the process. Not everyone in Romania shares Sorina's optimism. down in the European directives. What about enforcing the law? There are numerous issues of concern relating to the legislation itself, Another deficiency of the legislation its implementation and the effectiveness of the NCCR. ILGA-Europe spoke relates to providing evidence of At the moment there are two proce- to five non-government bodies to find out more.1 discrimination; the shift in the burden dures: administrative and judicial. of proof does not apply to judicial Certain discriminatory conduct can Romania possesses an elaborate accession countries to have adopted proceedings2. Moreover, the evidence be considered an administrative legal framework for combating anti-discriminatory legislation. But accepted in court does not include offence and is punished. It is dealt discrimination. It is more compre- further action is needed to ensure audio and video recordings nor does with by the NCCD. Yet, the proce- hensive than the equality provi- a fully functioning, effective legislative it allow for the use of statistical dures are not transparent enough, sions in many of the current EU framework. data. Both, however, are common the support provided to victims is member states. What is missing? practice that would significantly not always sufficient and the avail- What are the main problems? help potential victims. We have able sanctions –administrative fines On paper, the situation looks good. been lobbying actively to strengthen – are far from adequate. The other Romania was one of the first of the First of all, the definition of discri- the legislation. This has finally option is to seek judicial remedies,

1 See also: "Equality, Diversity and Enlargement: measures to combat discrimination in acceding and candidate countries", European Commission, DG Employment and Social Affairs, 2003, p. 98-103. 2 A shift in the burden of proof implies that it is not up to the alleged victim to prove they were discriminated against but up to the defendant to prove that discrimination did not take place.

»P16 ILGA-EUROPE NEWSLETTER including financial remedies, in How can it fulfill such a huge Non-government organisations have meant that the festival was much court. To date however, very few mandate? played an important role in Romania reduced in scope and impact. cases have been brought forward. in the field of human rights and This is a real challenge. At the non-discrimination. Under the new What are your hopes Why is that? moment the NCCD does not yet laws, they have the right to assist for the future? act as an effective equality body. an individual victim or to act on Partly due to a lack of trust in the Its scope and structure are not behalf of a victim. Does the NCCR Much has happened in Romania legal provisions and the legal sys- defined clearly enough. To accom- work with NGOs? in the last ten years in the field tem. The legislation is so new plish its tasks, the NCCD needs of human rights. Yet, there is still that many legal professionals are to transform itself into a truly There are first attempts of co-oper- a lot that needs to be done. With at a loss themselves on how to autonomous, administrative authority, ation between NGOs and the NCCR. regard to protecting LGBT people use it. Furthermore, taking forward with separate departments for each However, with regard to sexual from discrimination, Romania needs a case takes courage, resources area. orientation, the results have been to ensure that it strengthens its legal and knowledge. Without effective somewhat disappointing. In 2003 framework. We also need to take support, it is incredibly difficult to do. What does the general public we collaborated in drafting an action to transform the NCCR – step think about the National Council? action plan on how the NCCR by step – into a fully functioning, Where does the NCCD fit could help improve the situation effective equality body. It will into all this? There have been some efforts by of LGBT people in Romania. Over involve a lot of effort by everyone the NCCD to raise awareness but a year later, the plan has still not to challenge the negative social The NCCD has a potentially huge at the moment the lack of familiar- been adopted by the board and attitude towards LGBT people role to play. Set up in 2000 as a ity with issues of discrimination, remains a mere theoretical exercise. that persist in Romania. government body it has a broad the new laws and the NCCD is Recently, ACCEPT3 had been lead BH set of competencies that include striking. Gallup International con- partner in organising a festival » sanctioning discriminatory conduct, ducted a survey in 2003, which to raise awareness for minorities Interview based on contact with providing independent assistance revealed that only 33% of respon- confronted with discrimination, the following organisations: to victims, issuing research studies, dents had heard about the existence scheduled to take place in May ACCEPT drafting laws, drawing up public of the NCCD. On the whole, the this year. NCCR originally intended Centre for Legal Resources policy, carrying out programmes public profile of the NCCD is low. to be a co-organiser but withdrew Open Society Foundation and awareness raising. its support at last minute, which Civic Education Project Institute for Public Policies 3 Accept is a national NGO defending and promoting the rights of LGBT in Romania.

A NEW MOMENTUM FOR MOVE TOWARDS FULL EQUALITY LEGAL RECOGNITION OF SAME-SEX PARTNERSHIPS

Gay marriage becomes their constitutions to prohibit same- legal in the United States sex marriage. President George W. If someone had claimed some years ago that by June 2004, gays Bush has also proposed a similar and lesbians could marry in Belgium, the and Canada, On 17 May 2004 gays and lesbians amendment to the federal constitution. most of us would probably not have believed it. Suddenly everyone is were able to legally marry for the In Massachusetts, the legislature talking about "gay marriages", not least because of the "culture wars" first time in the United States as a has passed an amendment to the raging in the USA after Massachusetts' decision to allow same-sex marriages. result of a decision of the Supreme state constitution which would outlaw After the wedding of two men in France on 5 June (declared void Court of Massachusetts. In the first same-sex marriage and legalise by the French government), the whole country is caught in a heated two weeks more than 1,700 mar- same-sex unions. The earliest debate on the legality and morality of same-sex marriages. Many other riage licences were issued to gay such an amendment could become states, whilst avoiding the sensitive issue of same-sex marriage, are begin- and lesbian couples. Under the effective is 2006 and only after a vote ning to provide some form of legal recognition to same-sex partnerships: federal system in the U.S., there is by the people of the state. So for the even Spain and Ireland, two traditionally Catholic thresholds, are drafting an open question as to whether or next two years at least gays and partnership legislation. Finally, legislators are beginning to wake up to not other states or the federal gov- lesbians will be able to legally get a changed social reality where alternative family models are part of every- ernment must recognise marriages married in Massachusetts. The issue day life and where a majority of the EU's population feels comfortable performed in Massachusetts. Thirty- of recognition of same-sex marriages with it. It will no doubt take a long time still until we reach anything close eight states and the federal govern- by other states and the federal gov- to legal equality, but recent developments are encouraging. To learn ment have passed so called defence ernment will eventually have to be about the campaigns in the USA, France, Luxembourg, Spain, Ireland of marriage acts which define mar- decided by the State and federal courts and Slovenia, read on. riage as a union between a man and and ultimately by the Federal Supreme a woman. Several states have also Court. passed laws prohibiting recognition of gay marriages from other states »DB and others are attempting to amend

ILGA-EUROPE NEWSLETTER »P17 Issue of same-sex mar- The priorities for the LGBT commu- and engaging into the debate on an institution as oppressive as riage divides France nities were to secure legislation same-sex marriage and parenthood marriage and do not understand against hate crimes including – considering the fierce right-wing this seeming change in the LGBT Everything started on 17 March 2004 homophobic speech, to improve opposition to PaCS in 1999, communities. The role of the media when Le Monde published an article the PaCS law and to address this is a big move.1 Despite oppo- as well as the international context calling for equal rights and access discrimination of LGBT people sition by the Minister of Justice, has been of great importance to marriage for same-sex couples. in the education system. Noël Mamère performed the mar- to the French debate. The pace 120 university professors, artists riage of two men on 5 June 2004. of change has been amazing – and two Green mayors – Jacques Since 17 March, same-sex marriage The couple and Mamère are ready it remains to be seen where it will Boutault (Paris) and Noël Mamère has been in the news almost every to fight for full equality in the lead. Whatever the outcome, same- in Bègles (Bordeaux) – signed day. Both opposition parties, the French and, if necessary, the Euro- sex partnerships, marriages and the appeal. Both mayors expressed Greens and the Socialists, pledged pean Court of Human Rights. Not parenthood will continue to be a willingness to celebrate same-sex their support and are now drafting everyone agrees: some think the of importance and will be on the marriages in their communities. a bill legalising same-sex marriage. best way would be take the parlia- agenda of ILGA-Europe's Paris The article caught everyone by President Jacques Chirac is opposed mentary, legislative route in order conference in 2005. surprise. Before, few associations but has conceded looking into to avoid illegality. Others wonder really lobbied for same-sex marriage. strengthening partnership legislation why you would want to fight for »ROBERT SIMON

New partnership law voted and the Liberals (DP) – both voted to be held on 13 June 2004. an option. The law determines in Luxembourg in favour of the partnership bill. Thus, the CSV remains the only a minimum set of rules of solidarity The two main opposition parties major political party opposed. and responsibilities between the On 12 May 2004 the Luxembourg (the Greens and the Socialists), partners while allowing social Parliament finally voted on the draft however, abstained from the vote, The new partnership law is designed protection to the non-working partner bill on the legal effects of certain considering the bill too restrictive. to propose an alternative to hetero- and fiscal deduction possibilities. partnerships. It will probably enter Both tabled alternative proposals sexual couples who do not want No rights concerning children are into force on 1 September, depending on opening up marriage to same-sex to marry and a new possibility for included in the new law, as are no on the timing of the publication in couples. These, however, were homosexual couples who cannot regulations concerning recognition the Mémorial, the official bulletin. rejected by the government. Inter- marry. It has been largely inspired of foreign partnerships or foreign In line with their coalition programme, estingly, the Liberals support same- by the French PaCS, but with fewer same-sex marriages. the two coalition partners – sex marriage in their election pro- formalities, a private agreement FRANÇOIS DIDERICH the Christian Democrats (CSV) gramme for national elections on the patrimonial regime being » President of Rosa Lëtzebuerg

News from the Slovenia discussions. The bill provides involved in the process, yet the final indicate considerable interest by for all rights inherent to marriage, outcome – completed in 1998 – LGBT citizens in Slovenia to register After many obstacles, the Slovene apart from joint adoption rights. was too limited. In 2001 the process their partnership. After almost 7 years government adopted a new draft The process had started in 1997, was re-started and finally culminated of struggle, the LGBT movement bill on same-sex unions on 22 April when the Ministry of Labour, Family in a draft that overcame the previous hopes to get the final bill through 2004. It was submitted to the and Social Affairs first announced limitations, specifically in the field as soon as possible. national parliament on 28 April its intention to draft a partnership of social security rights. The bill and is now awaiting parliamentary bill. LGBT NGOs had been actively comes at the right time: surveys »TATJANA GREIF SKUC-LL

What’s going on in Spain? LGBT communities. The conserva- tion against LGBT people (see quote the Socialist Party also brought forth tive reign was marked by discrimi- above). Shortly after, the Socialist great advances for "Homosexuals and nation and lack of willingness by Party met with FELGT representatives and transgender people: there is deserve the same public consider- the government to engage in any to consult on policy priorities. After a proposal on the table for a law ation as heterosexuals. As a result dialogue with the Federación that meeting Socialist Party secretary on the right to gender identity, which we will modify the Civil Code Español de Lesbianas, Gays y José Blanco made public that the aims at establishing the right to recognise their equal right Transsexuales about LGBT rights. reform of the Civil Code to allow to change one’s name in the civil to marriage with the resulting It seems, the Socialists did not same-sex marriage will be dealt registry without necessarily having effects over inheritance, labour make empty promises: since their with in the first half of the legislature. undergone gender reassignment. rights, and social security protec- arrival to power, they have shown Marriage between same-sex partners It would also address the need tion."2 real commitment to LGBT rights. will be addressed next year and to provide gender reassignment Prime Minister José Luis Rodríguez will include exactly the same rights free of charge. The victory of the Socialist Party in Zapatero used his speech of investi- – including the same adoption rights the general elections on 14 March ture to clearly bind his government married opposite-sex couples enjoy. »SYLVIA JAÉN changed many things for Spain’s to fighting all types of discrimina- The meeting between FELGT and FELGT

1 According to recent polls, 60% of the French population support same-sex marriage. Concerning parenting rights for lesbians and gays, people are more hesitant. 2 Prime minister José Luis Rodríguez Zapatero in a parliamentary speech in Madrid.

»P18 ILGA-EUROPE NEWSLETTER NEWS CLIPS NEWSNEWS CLIPS NEWS CLIPS NEWS CLIPS NEWSCLIPS CLIPS NEWS CLIPS NEWS CLIPS NEWS CLIPS NEWS CLIPS NEWS CLIPS NEWS CLIPS NEW Spain Transsexual overturns ban on joining the police Gay activist granted political asylum

A long-standing obstacle to trans- had passed all the necessary tests Gay activist granted political asylum the country. He moved to Ecuador, sexuals serving as police officers and had been entirely open about John Jairo Romero, a gay activist where he continued his work. Yet, was removed on 7 May when the her sex change, but ran up repeat- from Colombia, was granted political after nine years, the situation wors- law lords ruled against a chief edly against "a blanket ban". asylum in Spain on 1 June 2004. ened and the threats began again. constable's refusal to recruit a man Ms A, who has always shunned He had applied for political asylum Ramiro at first tried to return to surgically changed into a woman. publicity, said in a statement: "I'm in February 2002 on the grounds Colombia in 2001, but shortly after delighted by this decision. It finally of persecution due to his sexual realized that his life would not be Five judges including Lord Bingham, confirms that trans people have orientation. Finally, after 2 ? years, safe there. This is when he decided the senior law lord, rejected a claim the same rights as everyone else." his claim was successful. to seek asylum in Spain. that police might be sued for assault As well as opening the recruitment if a male-to- transsexual door to transsexuals, the unanimous Ramiro started his work on LGBT The decision to recognise sexual carried out a body search of a decision protects police forces rights in 1989 with the Columbian orientation as a reason for perse- woman suspect. Their verdict ended against civil action by anyone League in the Fight against Aids. cution and a ground for granting a six-year legal battle by a Yorkshire objecting to searches or other duties He subsequently became involved asylum was a first in Spain. It reflects woman, referred to in the judgment carried out by a transsexual officer. in various other organizations fight- recent EU legislative developments as Ms A, who was turned down by ing for LGBT rights. As a result, he to explicitly include sexual orienta- West Yorkshire police in 1998. She (source: The Guardian, 7 May 2004) began to receive threats and was tion as grounds for asylum. physically attacked on various International occasions. This led him to leave (source: www.felgt.org) IOC publishes statement on trans athletes United Kingdom The Executive Board of the Interna- Committee recommends uncondi- Gender Recognition bill approved in Parliament tional Olympic Committee (IOC) tional recognition of the new gender on 17 May 2004 approved the for participation in the Olympic Games. On 8 June, the gender recognition of countries, which permit gender consensus proposed by the IOC If gender reassignment is undergone bill received its final hearing in the re-assignment treatments but then Medical Commission stating the after puberty, certain conditions have House of Lords, following amend- refuse to recognise the changed conditions to be respected for a per- to be met. These include completion ments in the House of Commons gender identity for legal and mar- son who has changed sex to compete of gender reassignment surgery, in late May. This means that, riage purposes. This situation has in sports competitions. These con- legal recognition of the assigned following royal assent, the bill caused confusion and distress for ditions will be applied as of the Games gender as well as hormonal therapy. will become law in June or July most of the UK’s estimated 5,000 of the XXVIII Olympiad in 2004 Decisions will be based on a con- the latest. The UK government has, transsexuals. It is anticipated that in Athens. If gender reassignment fidential case-by-case evaluation. over many years, resisted moves the administrative process which is undergone before puberty, the to recognize the changed gender will be set up under this Act will identity of transsexuals. In spite of be deluged with applications challenges in the European courts, for recognition in the early part Europe the UK has been in a small minority of next year. Euroflag looking for members FOR FURTHER INFORMATION SEE: Euroflag is the European network of lesbian and gay children in all http://www.pfc.org.uk/gr-bill/index.htm of parents’ organisations across European countries to join us. If you Europe, which was set up to work know of similar organisations across together to challenge the the EU that might be interested and discrimination experienced by in co-operating with us, we want lesbian and gay young people and to hear from you. their families and to raise public awareness on issues surrounding PLEASE CONTACT: homosexuality. We want to invite [email protected] organisations or groups of parents

ILGA-EUROPE NEWSLETTER »P19 26th ILGA European Conference 27-31st October 2004 ‘ TO THE EU’ BUDAPEST To register, visit: www.ilga-europe.org/conference http://www.ilga-europe.org/conference