Lesbian, Bisexual and Transgender Community Situation in Albania

LESBIAN, BISEXUAL AND TRANSGENDER COMMUNITY SITUATION IN ALBANIA SUMMARY This report was prepared with the aim to identify the measures taken by the Albanian Government to prevent discrimination against lesbian, bisexual and transgender people in this country. Even though the report address the issues related to the situation of these specific groups, we must emphasize that in general their situation is the same as the situation of the whole LGBT community in this country. The respect of human rights of vulnerable groups in Albania remains a concern. LGBT issues in the Albanian society remain a very sensitive taboo. Although the Albanian Constitution guarantees the rights and the freedoms of every individual, still LGBT community is facing discrimination and intolerance. In February 2010 the law “On the Protection from Discrimination” was adopted by the Albanian Parliament, which is a significant step forward for eliminating the discrimination in Albania. Nevertheless, its complete implementation has yet to come and remains a concern for the civil society. In general, the LGBT Community in Albania faces a homophobic environment as well as the lack of state mechanisms to address their needs and problems. Consequently, they often become subject of discrimination while at times of physical or psychological violence. A movement of this community in Albania is developing and has begun to provide support for LGBT Community members, to advocate for their rights, and to empower individuals to protect their own rights and dignity. Still, the challenges are significant, both for individuals and for the movement, and committed work from LGBT organizations, other civil society organizations, and from the Albanian government will be needed to transform the overall situation for lesbian, bisexual, and transgender women in Albania. MAIN FINDINGS 1. Lesbian, bisexual and transgender situation in Albania In Albania, the majority of LGBT people must hide their sexual orientation or gender identity even to their own families in order to protect themselves. In fact, family is the first obstacle with which they encounter that makes them even more sceptical when it comes to ask the respect of their rights by the society in general. Members of the recently organized community in an LGBT movement declare that if they openly express their sexual orientation they risk serious physical and moral harm. Expulsion from home, isolation from society and violence are more often reported by certain groups of this community. Problems pertaining to lesbian and bisexual women: Even though Albanian society sometimes viewed as somewhat tolerant towards lesbians and bisexual woman, the everyday reality has not shown this. Most lesbians have to hide their sexual orientation. The few that have the courage to be out and be physically affectionate towards one another in public spaces have experienced verbal and physical abuse and have been thrown out of bars or restaurants. Some of the main concerns of the lesbian and bisexual woman are: Family pressure: Because of Albanian traditions and the economic situation, most young and unmarried (to a man) lesbian and bisexual women live with their family. Due to social pressure, the fear of stigmatization and the fear of losing their families (by being thrown out of the house) most are not out. One of the main concerns of the lesbian and bisexual women is the pressure they face from the family to have a fiancé and get married. This social obligation intensifies with age. This pressure forces them to repress their sexual orientation and do what is more accepted by society. Some lesbians and bisexual women get engaged or married but continue having relationships with other women. Sometimes lesbians find and make an agreement with a gay man in order to get into a relationship or even get married so they will not deal with demands from their families. In some cases where their sexual orientation has been discovered by the families, they have been abused verbally and physically by their family members, threatened, isolated in their house and have been asked not to see their partners anymore. One example is the case of “Ina” who is 28. She had been with her female partner for six years when her cousin discovered their relationship. She lives at home with her family, who now refuses to speak to her at all. They follow her to her work and back home again, and she is no longer permitted to see her partner. They also control her phone calls and internet access. When she dared to see her partner, they beat her, knocked her tooth out, and threatened to harm her partner if she ever saw her again. Discrimination in employment: Lesbians who do not conform to societal gender norms report that it is almost impossible to get a job. They must compromise with society’s ideal of the traditional woman if they want to have a job and not be harassed because of their non-conforming looks. This is especially difficult, because without a job, they are unable to move out of their families’ homes and be financially independent. This increases the familial control, and limits their ability to live freely as a lesbian or bisexual woman. Discrimination in education: Teenage lesbians have reported to be bullied by their teachers and schoolmates because of their non-conforming looks. A hostile educational environment makes it more difficult for some lesbian and bisexual women to succeed in school, and ultimately to become economically independent. Hate crimes and domestic violence: There have been violent acts against lesbian and bisexual women. Most attacks have happened against lesbians who appear as gender non-conforming or who are expressing public affection with other women. There is also violence from families against lesbian and bisexual women, and against women who do not conform to feminine gender roles and appearance. For example, there has been one case where two lesbians were attacked by a group of men because they were kissing in front of them. One of the girls was hit with a bottle of beer and then beaten in the street. In another case, a teenage lesbian has been beaten by her mother after she declared her sexual orientation to her mother. After being beaten, her mother refused to let her out of the house for several days. During this period, the mother also destroyed clothing that she perceived to be too “masculine,” and demanded that her daughter only wear dresses in the future. Internalized Homophobia: Societal pressure and attitudes, combined with internal struggles with sexual orientation can combine to create difficult situations for lesbian and bisexual women. As mentioned earlier, some women cope with the social expectations and internal conflict by getting engaged and marrying men. In some cases, lesbian and bisexual women resort to alcohol and/or drugs to deal with the hostile environment and social pressure. They may also engage in other forms of self-destructive behaviour, and some even consider and/or attempt suicide. Community discrimination against bisexual women: Bisexual women also face discrimination from other members of the community. In some cases, bisexual women are not perceived to be ‘gay’ or part of the gay community by some lesbians or gay men. In some cases, there have even been representatives of LGBT organizations who have claimed that bisexual women are not qualified to represent the LGBT community. Transgender problems: Testimonies of transvestites clearly show that they frequently receive death threats. On September 2009 a transgender, named Kristina was killed by a man who declared: “I took him for a woman, but it turned out to be a man and in the heat of the moment I killed him and I don’t know what I did”. This was the first case of killing a transgender woman in Albania and was a key fact that indicates the increasing of Trans phobia, into Albanian society. During the process in the Court the perpetrator tried to defence himself by declaring it was not aware that the victim was a woman! In other words, male violence against women is stated over and over again to be not the man’s fault, not the man’s fault, not the man’s fault. As always, it’s seen as the victim’s fault for being a woman, for being transgender, for (allegedly) being a sex worker, and for therefore being perceived as not fully human. Psychological and physical violence systematically exercised on them not only by clients and homophobic people but by the police as well; Police have apparently used Kristina’s murder as an excuse to persecute trans people and sex workers in the area. Extreme poverty. They claim that they spend days without food due to lack of income. Unemployment because of their gender identity forces them to work as sex workers. Lack of housing. Most of them do not have a shelter since they cannot provide one. In cases they do afford an accommodation, people almost never rent them one; Continuous persecution from society and lack of support by the public institutions; Multiple discrimination: discriminated not only because of being transvestite but also racial discrimination due to being roma. Arrested and convicted without evidence, simply because of being transgender; Media in many cases has not been professional in reporting cases of violence against transvestites. No measures taken by governmental structures to address the needs of this community. 2. Legislation and its implementation The law “On Protection against Discrimination” creates a solid legal foundation for guaranteeing the rights to equality and non-discrimination. The law represents a significant achievement for Albanian civil society Organizations that drafted the original bill and worked hard to ensure its adoption by the Albanian Parliament. The law is broad in scope.

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