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Sexual Orientation Discrimination in Lithuania, Latvia and Estonia Chapter 1 Sexual Orientation Discrimination in Vilnius 2002 This report is published with the support of the Open Society Institute and Kimeta Lithuania, Society Latvia and Estonia Contents Foreword 3 Chapter 1: Report on Lithuania 4 Summary of findings 5 Main recommendations 6 Introduction 7 Background to survey 7 Results of survey 10 Chapter 2: Report on Latvia 26 Introduction 27 Background to survey 28 Recommendations 31 Results of survey 33 Chapter 3: Report on Estonia 54 Summary of findings 55 Main recommendations 56 Introduction 58 Background to survey 59 Results of survey 64 Foreword In the early summer of 2001 a project team consisting of four ILGA- Europe members in Hungary, Poland, Romania and Slovenia, sup- ported by ILGA-Europe, published the results of an OSI funded project “Documenting and Reporting Sexual Orientation Discri- mination in Accession Countries”. These results consisted of four reports setting out the findings of research into sexual orientation discrimination in these countries. They are being used to persuade national politicians and the EU institutions to take action to com- bat sexual orientation discrimination. In June 2001, on the occasion of a hearing in the European Parlia- ment on sexual orientation discrimination in the accession coun- tries, the project partners met in Brussels to review the project, with the objective of applying any lessons learned in a second phase cove- ring other accession countries. At a further meeting with representa- tives of ILGA-Europe member organisations, it was agreed to go ahead with a second phase of the project, covering Bulgaria, the Czech Republic, Estonia, Latvia, Lithuania, Malta, and Slovakia. In July – September 2002 the Baltic Anti-discrimination project partners Lithuanian Gay League (LGL), Latvian Gay Support Group (GAG) and Estonian Association for Lesbians and Bisexual Women (EALBW) focused on research into discrimination based on sexual orientation in the region. All three reports produced by the project acknowledge the hostility, prejudice and systemic exclusions that are all too often the experience of lesbian, gay and bisexual people in the Baltics. These reports will not answer any precise scientific questions about the extent of discrimination in a particular country. But they tell us of the experiences of the particular group of people who answered the questionnaire. This information proved quite sufficient to demon- strate that in each of the three Baltic countries concerned sexual ori- entation discrimination is a human rights issue and a serious so- cial problem that requires government action. 3 Sexual Orientation Discrimination in Lithuania, Latvia and Estonia Chapter 1 Sexual Orientation Discrimination in Lithuania by Eduardas Platovas and Vladimir Simonko Summary of findings Discrimination on grounds of sexual orientation amounts to unac- ceptable exclusion of lesbians, gays and bisexuals in Lithuania. The findings of the survey show, that majority of the respondents are afraid of being singled out for different treatment merely because of their sexual orientation. 67% of all respondents hide their sexual ori- entation from their parents. Concealment of sexual orientation is even higher in the public life of lesbian, gay and bisexual individuals (89% of respondents) and in their workplace (88% of respondents). The findings of the survey have left us in no doubt that violence and harassment are particularly important issues for lesbians, gays and bisexuals. One of every two respondents had experienced some form of violence or harassment because of their sexual orientation, and one in three had suffered harassment in the workplace. The victims of serious violent attacks or harassment are afraid to disclose their orientation to the police to avoid discrimination. Only 15% of harassed respondents reported the incidents to the police officers. This fact raises great concern about the prevailing mistrust of the police institution by sexual minorities and strongly suggests the emerging need for more sensitive human rights protection body. Discriminatory treatment in the workplace, various spheres of ser- vice, religious institutions and even in the family have lead as many as 63% of the respondents to consider emigration as the main op- tion to improve their lives as lesbian, gay and bisexual individuals. This result alone illustrates the scope of the negative impact of dis- crimination. Only practical action of the Government on equality and diversity can help to reduce the costs of this damaging effect on Lithuania’s lesbian, gay and bisexual citizens. 5 Report on Lithuania Main recommendations The Lithuanian Parliament must enable already adopted general anti- discrimination provisions (including ban on sexual orientation dis- crimination) of the new Criminal Code from January 1, 2003. The Lithuanian Government must introduce new comprehensive legislation prohibiting discriminationlgl on the groundsþinios of sexual ori- entation covering employment, social protection, social security, healthcare, education, access to and supply of goods and services, housing and immigration. The legislation should oblige to expand the mandate of the Equal Opportunities Ombudsman with a duty to assist individual victims of discrimination on the grounds of sexual orientation. The Om- budsman should have the power to investigate and pursue suspect- ed cases of discrimination. The Ombudsman should conduct surveys and studies and publish reports and recommendations. The legislation should provide independent legal standing for or- ganisations with a legitimate interest in the promotion of equality to challenge discrimination. Any body exercising a public function, whether at the local, regional or national level should be under duty to promote equality, irrespec- tive of sexual orientation at every stage of policy formulation, imple- mentation and evaluation. The Ministry of Social Affairs should initiate and safeguard Lithua- nia’s immediate participation in the open EU Action Programme to Combat Discrimination (till 2006). The Government should mainstream anti-discriminatory policies and practices (including equal treatment and non-discrimination on the ground of sexual orientation) by adopting and implementing National Programme to Combat Discrimination (2003-2008). Funding should be provided to support the establishment of Na- tional Lesbian, Gay and Bisexual Community Center and the projects of community organisations. 6 Sexual Orientation Discrimination in Lithuania, Latvia and Estonia Introduction This report is aimed at national, local and regional authorities, equal treatment bodies, non-governmental organisations, social research institutions and the media. By providing concrete evidence of the existence of sexual orientation discrimination, the need to combat it, we call to develop effective legislation and to establish equal treat- ment body, which will have a real impact in removing unfair discrimination in Lithuania. It is not the purpose of the report to provide scientific research into the extent, pattern, causes and consequences of discrimination. The main element of research, the questionnaire, did not give statistical- ly accurate results, because sample size is rather small (185 returned questionnaires) and it is virtually impossible to obtain a random sample of lesbian, gay and bisexual respondents. Homophobia and prejudice of the society force lesbians, gays and bisexuals to conceal their identity in everyday life. Majority of the respondents to this survey also hide their sexual orientation from strangers to avoid unfavourable treatment. But they are relatively open about it in the local lesbian and gay scene. There- fore the questionnaires were distributed in openly lesbian and gay meeting places in Vilnius and Kaunas. Significant number of re- spondents in other regions of Lithuania was reached by publication of the questionnaire on the website www.gay.lt. Members of LGL and subscribers to our newsletter received the questionnaire by post. The survey covered violence and harassment, discrimination at work (including harassment), health services, other services, emigration, discrimination in the family, and by religious authorities. Background to survey Public attitudes and media still marginalize lesbians, gays and bisex- uals in Lithuania. The international research on human values con- firmed that Lithuania had the lowest index on acceptance of homo- sexuality in Europe in 1991. In 2000 it went up from 1, 4 to 1, 9 (in scale of 10 points) but is still amongst the lowest together with Latvia and Romania. Ten years ago as many as 87% of respondents did not wish to live in the neighbourhood with homosexual people. Unfor- 7 Report on Lithuania tunately, this non-rational fear is still reflected in 68% of Lithuanian respondents today. Moreover, lesbians, gays and bisexuals experience problems in fami- ly. Research in 2002 found that 47% of heterosexual respondents would try to change the sexuality of their lesbian daughters or gay sons. Only 28% of respondents would accept their homosexual chil- dren. Recent national opinion poll on human rights reveals that the abso- lute majority of respondents believe that human rights are quite frequently violated in Lithuania. However, only 13 from 1079 re- spondents consider that the rights of sexual minorities should be better protected. Military service is a particularly crucial area in which homophobia is influential. Research in one of Lithuania’s battalions confirmed that only 2 of 184 soldiers
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