»SEPTEMBER 2004 VOL 4 ISSUE 3 NEWSLETTER ISSN 1378-577X www.ilga-europe.org

THE EU LISBON AGENDA : WILL THE BALANCE BE MAINTAINED?

> FREEDOM, SECURITY AND JUSTICE The future of Tampere > EU SOCIAL POLICY Toward an integrated approach > LEADERS AGREE ON CONSTITUTION What is in it for us? TABLE OF CONTENTS 3 Personnel News EDITORIAL Welcome to the autumn edition of the ILGA-Europe newsletter. This summer saw some 3 ILGA-Europe's Annual Conference 2004 exciting developments for ILGA-Europe: we were able to hire both a new executive 4 You do not need 36 hours a day to volunteer director – Patricia Prendiville from Ireland (see p. 3) and hot off the press we can 4 Strengthening ILGA-Europe: strategic planning also announce Juris Lavrikovs from Latvia as our new Communications and Infor- 5 EU leaders agree on draft constitution mation Officer. Both will start in their new positions in the course of October. Last 6 Equality mainstreaming: new opportunities but not least we are fortunate to enjoy the support of our new stagiaire, Kim Smouter, 6 The future of the EU's policy on freedom, security and justice from the Nederland, who will be with us until January. This year's annual conference 7 ILGA-Europe's priorities for the Dutch EU Presidency in Budapest promises to be an exciting event: it is a chance to have your say in shaping 8 NGOs react to the Green Paper consultation on equality the strategic direction and organisational structure of ILGA-Europe as well as par- 10 The Reform of the European Cohesion Policy ticipating in a wide range of different workshops and plenary sessions (see p. 3). 10 Dutch Presidency Conference on Sexual Orientation Policies 11 The Barrosso Commission: Leading an enlarged EU NEWS FROM THE EU INSTITUTIONS 12 The new European Parliament This summer saw a whole series of exciting developments at EU level. After tough 13 Conservative Slovak MEP leads EP Women’s Committee negotiations, EU leaders finally agreed on a draft European constitution this June. 14 Commission takes action to enforce anti-discrimination law Despite some shortcomings, the constitutions offers exciting new opportunities – 14 Latvia: MPs delete sexual orientation from anti-discrimination bill if it is ratified, that is. One of the key novelties is the horizontal clause that obliges 15 OSCE reaffirms commitment to non-discrimination the EU to mainstream equality throughout all areas of EU competence. To find out 15 EU transnational projects: "Different in More Ways Than One" more, see p. 6. This year is an important moment of reflection at EU level about 16 EU transnational projects: "Access to Justice" the future of a whole series of policy instruments. In June the Commission published 16 EU transnational projects: "SOLID" – Strategies on litigation a communication on the assessment of the Tampere programme and future orien- tations in the EU's policy on freedom, security and justice (p. 6) and in September 17 Taking forward cases in Ireland the DG Justice and Home Affairs is expected to present a more detailed consultation 18 News Clips document on the structure of the future human rights agency. This autumn will also see important discussions about the future of the EU's social policy agenda: proposals are now on the table on how to re-structure the European Structural Funds The ILGA-Europe Newsletter is the Loudes, Anette Sjödin, Stefan as well as the Community Action Programme to combat discrimination. Read more quarterly newsletter of ILGA-Europe. Timmermanns, Nigel Warner, as on p. 10. The new European Parliament, elected in June, is now beginning to get Volume 4, issue 3, September 2004 well as the following organisa- down to business. The Parliament has traditionally been an important ally for civil Editors: Birgit Hardt, Kurt Krickler tions: AGE, EDF, ENAR, EWL, society organisations. Whilst it is too early to give any definite answers on what Contributors: Mark Bell, Don Bisson, Háttér and SOLIDAR to expect from the new MEPs, there are clear indications that the Parliament as a Proinsias ó Ceallaigh, Riccardo Design & layout: Image Plus whole has become more conservative and market-oriented. Find out more on p. 12. Gottardi, Kvetoslav Havlík, Tansy www.imageplus.be Hutchinson, Sylvia Jaén, Paula Printer: Sofadi When Barrosso, president of the new Commission, published the list of new Jójárt, Juris Lavrikovs, Jackie Next Issue: December 2004 Commissioners on 12 August, ILGA-Europe approached its members to find out Lewis, Miha Lobnik, Christine Deadline: 10 November 2004 more about the new candidates. The results were not altogether reassuring, especially with regard to the Italian candidate Buttiglione, responsible for the dossiers of Justice, Freedom and Security (p. 11). © ILGA-Europe. Reproduction permitted, provided that appropriate reference is made NEWS FROM THE MEMBER STATES to the source. Implementation of the framework directive is still far from accomplished: the latest This Newsletter is published publication does not necessarily fiasco happened in Latvia where MPs successfully tried to delete sexual orientation with the support of the European reflect the position or opinion from the anti-discrimination bill. The Commission, in turn, is beginning to take Commission – The European of the European Commission. action: on 19 July it took six member states to the European Court of Justice for Union against discrimination. It is not liable for any use that The information contained in this may be made of this information. non-compliance. Last but not least, find out about European LGBT organisations taking an active stand against hate lyrics in popular Jamaican music, hear about latest developments in Spain and the battles for same-sex partnership registration in the Czech Republic (p. 18).

THE EUROPEAN REGION avenue de Tervueren 94 Bank account # 310-1844088-10 OF THE INTERNATIONAL 1040 Brussels, Belgium 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 ILGA-EUROPE WELCOMES NEW EXECUTIVE DIRECTOR Patricia Prendiville from Ireland to NGOs and equality organisations. team that reported on Poverty, has been appointed as ILGA- Five years later, in 1994, she co- Lesbians and Gay Men in Ireland Europe's Executive Director. She founded and developed a company and also researched and reported will start in the job on 4 October. specialising in providing community on The Experience of Lesbian Patricia has a life long commitment development support and training. Organising. She was a member of to equality and social inclusion, Her responsibilities included organ- the Advisory Committee to the Irish which she has acted on in both isational and team management Equality Authority on Implementing voluntary and paid work and aca- and development, representation Equality for Lesbians, Gays and demic study. She was involved on national policy arenas associated Bisexuals, and of the Working for a long number of years in the with equality issues, and develop- Group to the Irish National Right to Choose Campaign in Ireland, ment and delivery of training Economic and Social Forum's and was also a board member and organisational consultancy Implementation of Equality of the Dublin based organisation services to NGOs. for Lesbians and Gay Men. She the team in the ILGA-Europe office, Lesbians Organising Together which has also been a consultant to the and with the board and member- hosted two EU funded New Patricia has degrees in Psychology, Women's Human Rights Alliance ship. I am also very keen on Opportunities for Women Women's Studies, and the Organi- in Ireland. Responding to her continuing the co-operation with programmes. sational Development of Community appointment, Patricia said: "Given other NGOs working on the equality Development Organisations. She the importance of policy from the agenda in the Social Platform. After three years working in self- has authored a resource book EU and European institutions for As we say in Irish 'ní neart go development programmes for for working with young women, equality and social inclusion in all cur le chéile' (there's no strength young people and disadvantaged a handbook for developing facilitation countries, I am delighted to be taking until we all work together)." women, she became a consultant skills, and co-authored a lesbian up the post of Director of ILGA- providing organisational develop- information and resource pack. Europe. I am also very much »NIGEL WARNER ment, training and research services Patricia was part of a research looking forward to working with ILGA-Europe Board

ILGA-EUROPE'S ANNUAL CONFERENCE COMING OUT TO THE EU

Preparations for the annual confer- Presidency, underlining the support on fundraising, lobbying the United ILGA-Europe website (details below). ence of the European Region of the EU for the fight against Nations, dealing with homophobic We will be providing translation of ILGA are going well. This year's discrimination. There will be two violence and organising lesbian between Hungarian and English conference will be a milestone pre-conference meetings: one and bisexual women’s movements for some of the sessions and are in the LGBT movement for several focussing on Eastern European in East Europe. We are also preparing able to offer sign language inter- reasons. ILGA-Europe's strategic a colourful social programme for pretation if needed. The conference plan will be formulated along the evenings. To start with, our takes place at the European Youth with a new organisational structure volunteers will be happy to show Centre, which is splendidly equipped to reflect the diversity of ILGA- you the sights of the inner city on with all the facilities we need. Europe’s membership. Apart from the Wednesday evening. We will Please, see the back cover of this the important decisions awaiting have a women's disco hosted newsletter for a glimpse of the representatives of full member by the famous DJ Barbq, as well building. Once you see this view organisations, here are some as a dinner on the Danube. in real life, you can't be very far of the reasons why it is worth LGBT organisations, another from the exciting event – we hope registering. on identifying key lobbying action Please note that the deadline to see you all in Budapest! at EU level. At the main conference, for registration is 1 October 2004. Göncz Kinga (family name first, a wide range of workshops aims For the first time this year, it is »THE ORGANISING TEAM as always, in Hungary), Minister at covering the main issues of possible to register online at the HÁTTÉR of Equal Opportunities, will be a interests. These include working special guest speaker at the opening with political parties, HIV/AIDS plenary. She will be followed prevention work, school tolerance FOR MORE INFORMATION, SEE: by a representative of the Dutch EU projects as well as workshops www.ilga-europe.org/conference/index.html

ILGA-EUROPE NEWSLETTER »P3 YOU DO NOT NEED 36 HOURS A DAY TO VOLUNTEER… ILGA-EUROPE NEEDS YOU!

I must say that I am quite proud three years, well, that's a change belongs to them. And this is quite candidates to put themselves when, as occurred recently, some for sure... hard if you do not understand forward, having a better picture of the "parents" of ILGA-Europe, how it works! For these reasons of what the board is about. those activists who have put such So, no wonder if many people it has become more and more an important effort into our organi- are surprised and if many people of a priority to explain ILGA- We hope that these documents sation in its early days to get it do not find their way into this Europe's structure and procedures will help to make things clearer started and going, come and point "new" ILGA-Europe easily. At the in simple and clear words, thus and avoid some frustration. out how pleasantly surprised they Glasgow Conference in 2003 making them more accessible to There is nothing more frustrating are of what they see today. They for instance, several people com- members as well as to the general for anybody (be it staff, Board maintain that they were thinking mented that they found it hard public. At the Budapest Conference members, or other volunteers) that we needed to build a profes- to understand how ILGA-Europe this October, two new "instruments" to be willing to support ILGA- sional organisation to progress worked now. They would love will be available: Europe with work, time and energy, LGBT rights, but that they would to volunteer some of their time, - a proposed vision, mission but not to know where to fit in. So, never have thought that it could but had no idea where they could and values statement, to explain, why don't you consider now taking reach such a level. And it is true fit in. ILGA-Europe is the instru- in half a page, why ILGA-Europe a step forward, volunteering some that ILGA-Europe has changed ment of the communities it serves. exists, what it does and why; time or standing for the Board? very much in a very short time, But to be really effective, everybody, - a brief guide to the Board, to help ILGA-Europe needs you. we have said this over and over from grass-root activists to Board members get more familiar again; from zero to seven staff, members, must feel that they belong with the Board's role and its »RICCARDO GOTTARDI from € 8,000 to € 800,000 in to ILGA-Europe, and that ILGA-Europe work, and to empower potential ILGA-Europe Co-chair

STRENGTHENING ILGA-EUROPE TIME TO DEVELOP A STRATEGIC PLAN

A major focus of our Budapest priorities, provides a base from As part of this work, we drafted agement is the need to monitor conference will be discussion which progress can be measured a "Statement of our Vision, Mission performance, identify what works on the development of a strategic and establishes a mechanism and Values", for which we are seek- well, what is in need of improve- plan for ILGA-Europe for 2005-8. for informed change when needed. ing the endorsement of conference. ment, and put in place measures Developing a strategic plan is Developing a strategic plan for to address this. Performance man- an integral part of the work we ILGA-Europe therefore involves Subsequently, we used the structure agement is not just about being are undertaking aimed at enabling determining where our organisation of this document as the starting point able to show ILGA-Europe to improve its effec- is going, how we are going to get for developing a first draft of an success – it is also about learning tiveness, ultimately resulting there and how we will know if we overall strategic plan. Alongside when things do not go as planned. in better, more efficient achieve- got there or not. This will build this, we began to develop and This requires clear, consistent sys- ment of our goals. on the work we have already been introduce a performance manage- tems and procedures to support doing to improve the way in which ment framework for ILGA-Europe. ongoing dialogue within What is strategic planning? we define our objectives and how the organisation and provide Strategic planning is the process we plan activities to achieve those Performance management the feedback mechanisms needed of identifying an organisation's objectives. Performance management is a to deliver improved performance. goals and working out how to method of enabling organisations achieve them. The process takes What has happened so far? to implement their plans more The Logical Framework account of the factors that can be For our grant application to the effectively, and to learn from A performance management seen as likely to affect the organi- European Commission for 2004-5, what they have delivered. It places framework provides the overall sation and, most importantly, we prepared a document setting emphasis on managing, supporting structure for these systems and looks at the resources needed out long-term objectives and three- and developing staff. However, procedures, enabling an under- to achieve the goals. One of the year strategic goals relevant to our because the performance of the standing of the whole picture, purposes is to establish realistic EU work. We categorised these Board also impacts both on the and ensuring overall coherence. goals and objectives in a defined under six key areas: human rights, overall performance of the organi- Because of the need to make the time frame within the organisation's employment, social inclusion, sation and of staff, development of link between overall objectives capacity for implementation. family rights, capacity building the Board and Board performance and business plans, and individual The process helps to ensure that for our membership, and capacity appraisal are also elements. An performance, the planning system resources are focussed on the key building for ILGA-Europe itself. integral part of performance man- constitutes a key element of the

»P4 ILGA-EUROPE NEWSLETTER overall framework. The essential wherever possible, while developing works as such and enables us Strategic Objectives for the same feature of the performance mana- new ones to fill gaps in the overall to meet the Commission's six key areas. The Strategic gement framework is that it links structure. equirements. Objectives are the things that we them all together, ensuring a totally plan to achieve in the next three consistent approach from the Meanwhile, we are being required Where do we go from here? years as steps towards achieving development of strategic objectives, by the Commission to use an In a series of workshops at the our mission. For each strategic through the preparation of plans, approach to performance mana- conference we will look at our objective, there is an outline to the achievement of results gement known as the Logical strategic objectives and our strate- of the main strategies or processes by individuals. Our emphasis is Framework Matrix (also known gies for achieving those objectives to be carried out over the three on developing an approach tailored as a log-frame) for our current in six key areas: human rights, years to result in the achievement to help the organisation and its work programme. We are therefore employment, social inclusion, of the strategic objective. For the staff to perform well, making use aiming at developing a performance family rights, capacity building main strategies or processes, of existing systems and procedures management framework that both for our membership, and capacity there is then an indication of the building for ILGA-Europe itself. This key activities for the period to April will enable members to contribute 2006. Following the conference, "VISION, MISSION AND VALUES STATEMENT" to the discussion about how the the process of developing the strategic plan should be shaped. strategic plan will continue, and VISION: The difference ILGA-Europe wants to see in the world will form the basis for preparing MISSION: What ILGA-Europe contributes to furthering our vision In this context, the Board will work programmes for future years. be presenting the proposed Work VALUES: The values that underpin our organisation and the way Programme for 2004-6 in a new »JACKIE LEWIS it works format, structured under draft ILGA-Europe Co-chair

EU LEADERS AGREE ON DRAFT CONSTITUTION A NEW OPPORTUNITY? In June 2004, the member states finally agreed the text of a future there must be no discrimination need the joint approval of the Council Constitution for the EU. The Constitution aims to provide the Union on the ground of sexual orientation of Ministers and the Parliament. with a set of ground rules to govern the functioning of its institutions. in the actions of the EU institutions Although this could add to the difficulty It sets out the areas where the EU enjoys the power to make law or on the part of the member states in reaching agreement, the Parliament and policy and includes a catalogue of fundamental human rights. when they are implementing EU has traditionally been a greater The future Constitution will only come into force once all 25 EU member law. Discrimination on grounds champion of the rights of LGBT states have completed its ratification. In some states, this will require of "sex" is also explicitly forbidden persons than the Council. approval by the national parliament, but in several states, it will be subject and this is likely to be interpreted to a referendum. If the Constitution passes all these hurdles in its path, as covering discrimination based One new development in the powers it should enter into force around 2007. There are four main aspects on gender identity. of the Union is the more explicit of relevance to LGBT people: the Union's values and objectives; recognition of the role for the EU fundamental rights; the Union's competences; and finally, The Union's competences in family law. Article II-170 (3) mainstreaming duties. Article 13 EC currently provides allows the Council to adopt legisla- a power for the Union to combat tion on "aspects of family law with discrimination on the ground cross-border implications". Whilst Values and Objectives subject to penalties imposed of sexual orientation, and this such measures will also require The Constitution opens with a defi- by the European Council, notably was used to adopt the Framework unanimous agreement, the Consti- nition of the Union's values and the suspension of rights attached Directive and the EU Action tutional right to non-discrimination objectives (Articles I-2 and I-3). to membership of the Union. Programme on discrimination. will forbid sexual orientation Importantly, equality and non- This provision is included in the new discrimination within any new discrimination are included within Fundamental Rights Constitution, but unfortunately new family legislation. both categories. The definition Part II of the Constitution provides legislation will still require unanimous of the Union's "values" has both a list of fundamental rights guaranteed agreement amongst the member Mainstreaming Duties a symbolic and a substantive within the scope of EU law. This is states. This is likely to be a consid- Although the Union has made an function. Symbolically, it highlights almost identical to the EU Charter erable political obstacle in a Union important contribution to combating the principles that must permeate of Fundamental Rights agreed with 25 or more member states. sexual orientation discrimination and inform all of the Union's actions. in 2000. Article II-21(1) forbids However, the role for the Parliament through the Framework Directive, Substantively, evidence of respect "any discrimination based on any in discrimination legislation is en- the rights and interests of LGBT for the values of the Union is ground such as … sexual orienta- hanced. Whilst it is currently only people are not always fully taken a requirement for states that wish tion". Unlike the non-binding consulted on legislative proposals, into account in other areas of EU to join the Union. Moreover, an Charter, the list of rights found under the Constitution it will have law and policy. Regular readers existing state that fails to respect within the Constitution will be to give its consent. Therefore, future of the ILGA-Europe Newsletter will the values of the Union can be legally enforceable. Consequently, anti-discrimination legislation will be familiar with the problems that

ILGA-EUROPE NEWSLETTER »P5 same-sex and unmarried couples "In defining and implementing the and monitored. A link can be EU institutions will need to ensure face in exercising their free movement policies and activities … the Union made here with Article I-46 (2), the participation of LGBT people rights. ILGA-Europe has been arguing shall aim to combat discrimination which obliges the Union's institu- and organisations in order to for LGBT issues to be taken into based on sex, racial or ethnic origin, tions to maintain "an open, trans- understand better their priorities account in all areas of EU policy- religion or belief, disability, age parent and regular dialogue with and concerns. making, an approach often referred or sexual orientation." civil society". If mainstreaming is to as "mainstreaming". Perhaps to be successful and effective, the »MARK BELL the greatest novelty within the The substantive impact of this pro- Constitution is the new duty vision will clearly depend on the on the Union to mainstream establishment of concrete machinery FULL TEXT OF THE CONSTITUTION AVAILABLE AT: equality. Article III-3 states: through which the promotion http://ue.eu.int/igcpdf/en/04/cg00/cg00087.en04.pdf of equality can be ensured

EQUALITY MAINSTREAMING THE POTENTIAL FOR LGBT PEOPLE Mainstreaming is one of those time when the policy is developed more precisely what policy ➜ It is a way of getting LGBT political terms that came into fashion or the legislation drafted (preventive) response is needed by LGBT people. issues mainstreamed through internationally in the 1990s. rather that after discrimination has the whole EU political agenda The United Nations, the Council occurred (curative) like in a legal Are those conditions without waiting for further of Europe and the European judgment. The idea is to "get it present at EU level? legislation. Commission have all started right" immediately and avoid At EU level, some tools exist already to introduce gender mainstreaming discrimination of LGBT people. that are used in the context of main- Where do the difficulties lie? mechanisms – some more, some streaming. Apart from the provisions One thing is absolutely necessary less successfully. At EU level, What are the conditions defined in the proposed future in this process and terribly hard to the term is now used in a broader for this to work? Constitution, the European Com- get: political will. This is probably sense and includes other groups In order to ensure an open, mission has already issued guidelines the most difficult element in this that experience discrimination, transparent and meaningful on impact assessment, consultation process but ILGA-Europe and other such as people with disabilities, process, there is one key and dialogue with civil society. anti-discrimination NGOs are hop- ethnic minorities and LGBT people pre-requisite: the consultation These are important first steps. ing to get actively involved. One (see also above). of representative organisations Yet, if the EU wants to take main- opportunity to create political that are able to give input streaming seriously and do justice momentum is the Dutch What does this term mean on the needs of LGBT people to the new constitutional articles, Presidency Conference on Equality, in fact for LGBT people? and on what actions are necessary then a clear mechanism needs taking place in November 2004. Equality mainstreaming promises to meet them. Another important to be put in place. to open the door to a greater con- factor is the existence of data If you are interested in this issue sideration of LGBT issues by political and research on issues such Why is it relevant now? and would like to discuss it, there decision-makers. The underlying as access of LGBT people to ➜ The Constitution contains a clause will be an opportunity for those principle is that the impact of all employment, education, health on equality mainstreaming. who are attending ILGA-Europe's EU decisions on LGBT people is care, goods and services. That ➜ It is very timely to talk about conference in Budapest. systematically assessed. It is very way, it will be possible to highlight this in relation to the EU different from anti-discrimination those policy areas that need Commission Green Paper on »CHRISTINE LOUDES legislation in that it operates at the particular attention and determine equality and non-discrimination.

EUROPEAN COMMISSION CONSULTATION ON THE FUTURE OF TAMPERE EU'S POLICY ON FREEDOM, SECURITY AND JUSTICE

On 2 June 2004, the European a mixed bag. It looks at diverse co-operation between the police Tampere has been criticised Commission published a Com- and (sometimes) opposed issues as well as the fight against drugs. by numerous NGOs defending munication on the assessment ranging from the protection It also offers an analysis of the EU's asylum seekers and migrants of the Tampere programme and of fundamental rights and union policy and legislation on asylum as falling below the standards set future orientations. This consultation citizenship to the fight against and migration adopted in the last up by international human rights paper can best be described as terrorism, it looks at enhanced five years. law (see also Newsletter # 4 (2), p.6).

»P6 ILGA-EUROPE NEWSLETTER Amnesty International declared that the need for this agency to monitor partners (irrespective of their origin) defined on crimes motivated from a human rights' point of view human rights affecting LGBT people, and families to reside and move by racism and xenophobia. the overall picture after the Tampere to be well resourced, given full freely within the EU, enjoying the programme is not a positive one. powers and be seen as independent. same rights in the country of desti- Of course, much will depend The key concerns raised – the lim- nation as they had in the country on the directions given by the new itations of the EU's human rights Secondly, the paper stresses they are moving from. In practice European Commissioner for the agenda as dictated by the notion that freedom of movement should this would mean that, for example, re-named "Directorate-General of fortress Europe and anti-terrorism become a reality for LGBT families. a US-German couple married for Justice, Freedom and Security", legislation – are shared by ILGA- It highlights the shortcomings in the Netherlands could go and Rocco Buttiglione from Italy. However, Europe. In the response to the in the recent directive on the right of live in Austria and be recognised recent comments on asylum seekers consultation, however, ILGA-Europe citizens of the Union and their family as a married couple there. and migrants do not seem to indicate focussed on possible measures members to move and reside freely that human rights will be the first in the area of freedom, security within the territory of the Member Thirdly, ILGA-Europe calls on the priority of this Commissioner (see and justice to advance the rights States, which explicitly includes Commission to ensure the imple- also p. 12). The accent might well of LGBT people. ILGA-Europe registered same-sex partnerships mentation by member states of the be put once again on the "security" highlighted four main issues relating in the definition of family members. new directive on the definition of element of this directorate's work. to: (a) appropriate EU institutions, Yet, despite this concession, refugees, which recognises sexual To avoid disappointing results (b) freedom of movement, the directive does not go far orientation as a social group.1 these issues will need to be pushed (c) asylum and migration and finally enough and fails to deal adequately Finally, in the context of harmonising by the European Parliament and (d) criminal law. with this issue. ILGA-Europe calls criminal law across the EU, the EU Presidency. We will work upon the institutions to implement ILGA-Europe urges the European to ensure that this will happen! Firstly, ILGA-Europe expresses its the principle of mutual recognition Commission to consider introducing interest to be involved in the debate in relation to civil status, adoption, a directive on crime motivated by »CL on the creation of the Human Rights partnerships and marriage. This homo-lesbo-bi-trans-phobia along Agency at EU level. It also stressed would allow for EU citizens, their similar lines as the EU framework

1 Directive on the minimum standard for the qualification and status of third country nationals and stateless persons as refugees or as person who otherwise need international protection.

DUTCH PRESIDENCY TO THE EU ILGA-EUROPE'S PRIORITIES Since 1 July 2004 and until the end and co-operation and on common of LGBT concerns in the "European to enlargement, we urge the of 2004, the Netherlands holds European values. In its memorandum Neighbourhood Policy". The memo- Presidency to ensure the respect the EU Presidency. ILGA-Europe to the Dutch Presidency, ILGA-Europe randum gives details of ILGA-Europe of the "acquis communautaire", welcomes the Presidency draws the attention of the Presidency concerns and aims in these areas. human rights and democracy in of a country, which has been to the areas affecting lesbian, gay, the enlargement process concerning at the forefront of the protection bisexual and transgender (LGBT) So far, the key areas ILGA-Europe's Bulgaria, Romania and Turkey. of human rights for LGBT people. people that could be advanced work has focused on include Information sent by national LGBT The Netherlands has been the first through concrete actions. Issues the equality agenda, with a written organisations in these countries has state in the world to recognise raised include the future enlargement submission in the context of the been forwarded to the Presidency same-sex marriage, an issue, of the European Union to Bulgaria, Commission's consultation on its prior to the December meeting which is a hot topic in several EU Romania and Turkey; the ratification Green Paper (see p. 8). The Dutch on enlargement. member states. The stated priorities and implementation of the Consti- Presidency is holding a conference of the Dutch Presidency are tution; the human rights agenda on the EU's anti-discrimination If you would like to bring issues enlargement with particular attention within the EU and in third countries; policy to take place in The Hague to the attention of the Dutch to the candidacy of Turkey, economic the development of the anti-discri- in November 2004. Furthermore, Presidency, please contact development and increasing mination and equality agenda ILGA-Europe has raised concerns the office for advise. the role of the EU in the world. through legislation and equality about the treatment of LGBT people The Netherlands also plans to start mainstreaming; the transposition in certain third countries prior The Dutch Presidency's website is a debate with the Union's citizens of the directive on the definition to official meetings between www.eu2004.nl. and governments on how of refugees; the social side of the the Presidency and government to advance European integration "Lisbon Agenda", and the inclusion officials. Finally, in relation »CL

ILGA-EUROPE NEWSLETTER »P7 THE FUTURE OF NON-DISCRIMINATION AND EQUALITY IN THE EU TOWARDS AN INTEGRATED APPROACH

This autumn is an important of economic uncertainty, there is the Commission also presented in an "integrated approach to opportunity to shape the future a danger that the EU's social policy PROGRESS, the proposed new action employment and social solidarity". of the EU's social policy agenda. is reduced to economic objectives programme in the field of social The danger of this approach is The proposed constitution presents alone. policy, replacing inter alia the that it could easily translate into some real opportunities in terms Community Action Programme a reduction of existing initiatives of increasing the importance The Commission has fostered to Combat Discrimination. Finally, and budget lines at the expense of fundamental rights and this debate by publishing a series the European Commission issued of failing to formulate specific policy of strengthening the mechanisms of important documents. A proposal a Green Paper on the future responses. Particularly from an LGBT of equality mainstreaming at a for the reform of the Structural Funds of equality and non-discrimination perspective, there could be a real European level (see also p. 6). Yet, was presented on 14 July, which in an enlarged EU. What all these risk that sexual orientation at the same time, many social NGOs also outlines the new European proposals have in common is the and gender identity discrimination are concerned that in a time Social Funds. On the same day, aim of streamlining the EU's policies fall under the table.

ILGA-Europe's reaction to the Green Paper In the response to the Green Paper, ILGA-Europe raises these concerns and urges the ILGA-Europe asked some of the other key EU to continue its fight against discrimination with renewed vigour, making use of all European NGOs to share their main concerns available instruments: following a right-based approach; cooperating with international and demands on the Green Paper with us. bodies; defining a coherent body of EU legislation with equal levels of protections Here are some extracts of their responses across all grounds; assisting an effective monitoring process of national implementa- (for full details, please see their websites): tion; complementing legislation with positive measures such as awareness-raising; networking and capacity-building and finally putting into place a systematic equality mainstreaming mechanism at EU level. The first aspect emphasised concerns the val- ues and principles underpinning the EU's approach to anti-discrimination. We urge REACTIONS OF THE EUROPEAN the EU to follow a rights-based approach to equality and to promote its values beyond OLDER PEOPLE PLATFORM – the borders of the EU. This includes ratifying Protocol 12, incorporating and monitor- AGE ing non-discrimination principles in third country agreements and co-sponsoring a UN Resolution on human rights, sexual orientation and gender identity. AGE calls on the European Commission to take a broad range of action to address age discrimina- The Green Paper raises the question of what the relationship should be between the tion and improve the image of older people and EU's policy on gender and its efforts to tackle discrimination on other Article 13 grounds. ageing in society. Discrimination against older ILGA-Europe calls on the EU to incorporate the European Court of Justice decision that dis- people, or anyone on the grounds of age, must crimination against transgender persons on grounds of their gender identity is a form become culturally unacceptable. Key comments of sex discrimination into all future policies and legislative initiatives in the field of gen- include: 1 der equality. - AGE welcomes the emphasis of the European Commission to work with civil society and other In terms of EU legislation on non-discrimination, we formulate three key demands: full stakeholders and welcomes the stress on the need transposition and implementation of existing legislation; revision of the Employment for an integrated and coherent approach. Equality Directive (especially in terms of provision of workplace benefits for same-sex partners) and finally formulation of legislation that offers protection to LGBT people - AGE is, however, quite disappointed to note beyond the area of employment (looking at access to goods and services, especially that the practical problems with effectively health care and housing, as well as education and youth). We also comment on the implementing the Employment Directive need of adequate practical measure to complement legislation. In particular we call for the grounds of age are not addressed for a continuation of the Action Programme to Combat Discrimination and for a strength- in the Green Paper. ened equality dimension in the reformed European Social Funds. We emphasise the importance of core-funding for EU umbrella organisations and ask the Commission to - AGE also regrets that – despite the acknowledged come forth with a European Action Plan on how to tackle discrimination of LGBT per- need for a coherent approach - the European sons. Key activities that need funding include: capacity-building and training, network- Commission limits its ambitions to the transposition ing, data collection and research as well as awareness-raising. Finally, we stress the of the Employment Directive and exploring the need to mainstream equality considerations in EU policy-making – from formulation possibilities of legislation on new grounds. AGE to implementation and evaluation. Whilst the Commission has already taken first strongly recommends action on possible further steps in terms of gender mainstreaming, there is no clear framework yet for the inte- legislation for Article 13 EC Treaty. gration of equality considerations across all fields of EU competence for the other Article 13 grounds. We argue that the proposed EU constitution is a unique possibility to start moving towards a more structured and proactive promotion of equality. 1 Case C-13/94 P v S and Cornwall County Council (1996) ECR I-2143. It was held that the dismissal of an individual following gender reassignment was unlawful discrimination on the grounds of her sex. »BH

»P8 ILGA-EUROPE NEWSLETTER ACTION PROPOSALS BY THE EUROPEAN DISABILITY SOLIDAR – AN ALLIANCE OF SOCIAL FORUM AND ECONOMIC JUSTICE NGOS

EDF is concerned that the fight against discrimination Concerning the debate about future EU equality and anti- is no longer one of the political priorities of the EU discrimiation policies and the community action programme and urges the EU to revitalise the anti-discrimination beyond 2006 initiated by the Commission's Green Paper, strategy through the momentum of the Green Paper. Solidar calls upon the European Commission to - Ensure transposition and implementation of EU legislation, - Acknowledge the role of NGO social service providers including facilitated exchange of information about sanctions (as both a part of civil society and employers) in the fight and remedies; the creation of independent EU-funded body for equality and against discrimination to promote test cases - Ensure the full transposition of the Employment Equality - Adopt comprehensive legislation to fight discrimination Directive on all levels of politics. of people with disabilities in all areas of EU policy - Allocate adequate resources and establish institutional - New non-discrimination action programme should: guarantee mechanisms at national level and partnership with civil adequate funding, support transnational projects; involve society organisations in order to make equality and non- NGOs in future awareness-raising campaigns, continue discrimination a reality in Europe. core-funding for EDF and other European disability NGOS, start collection of statistics - Strengthen partnership – ensuring sufficient funding for transnational activities. - Explore the potential of the new EU constitution, especially in terms of fundamental rights and equality mainstreaming - Push for further anti-discrimination legislation in the EU (Art III-8) on all political levels, especially the directive on equal treatment between women and men in the provision of goods - Increase awareness of discrimination as a human rights and services, and legislative action against discrimination issue, especially in the context of the International of disabled people outside the workplace. Convention on th Rights of Persons with Disabilities

THE EUROPEAN NETWORK THE EUROPEAN WOMEN'S LOBBY CRITICISES AGAINST RACISM IMBALANCE OF GREEN PAPER

ON THE GREEN PAPER The EWL believes that the EU equality and anti-discrimination Implementing a coherent EU anti-discrimination policy policies are key to achieving a social Europe but is concerned is a long-term project that needs permanent corrective about the lack of attention the Green Paper pays to the impor- mechanisms. ENAR makes the following recommendations: tance of equality between women and men. The EWL recommends to: - Raise the legal standard and overcome unacceptable hierar- chy of prejudice: to respond fully to experiences of multiple - Start a consultation process to explore best ways to ensure identities, the same level of protection should be offered coherence and reinforce links between mechanisms in support against all forms of discrimination of equality between women and men, and EU instruments in the anti-discrimination field - Mainstream equality: bring together currently fragmented equality mainstreaming approaches and develop a coherent - Preserve and develop different equality agendas instead and comprehensive equality mainstreaming strategy of merging them: (a) specific analysis and actions are needed - Design specific action to combat discrimination against to respond adequately to the different dynamics of exclusion the Roma and to promote their integration and marginalisation; (b) EU approach to gender equality goes beyond fighting discrimination and aims to achieve a - Safe-guard against excessive "merging" of complex 'transformative' form of equality between women and men; problems caused by different forms of discrimination in the context of the new Action Programme; - Actions for equality between women and men and gender sensitive actions should be an integral part of the different - Continue EQUAL initiative in context of reform of European strands of the EU non-discrimination action Social Funds - Preserve and develop EU legislation and institutional mecha- - Support NGOs in raising awareness about new rights nisms for equality between women and men: especially and obligations and in providing assistance to victims (a) new legislation outside the area of employment and (b) legal framework to eradicate violence against women

ILGA-EUROPE NEWSLETTER »P9 EUROPEAN COHESION POLICY THE REFORM OF THE STRUCTURAL FUNDS

The Commission adopted on 14 July Fund (ERDF), the European Social mean that even less attention is evaluation exercises and networking a proposal of five new regulations Fund and the Cohesion Fund. The paid to specific interests of LGBT initiatives. It will underpin the "Open for renewed Structural Funds and new European Social Fund (ESF) people. On 14 July the Commission Method of Coordination" for policy instruments. Over the period for 2007-2013 will link funding also adopted a proposal for a new exchanges between Member States 2007-2013, these instruments with policies to boost employment "integrated programme for 'Employ- in employment and social protection. represent about one third of the EU and strengthen economic and ment and Social Solidarity", called The Commission has proposed budget or a total of EUR 336.1 billion. social cohesion in the European PROGRESS that will cover five areas: that it be given a budget of just The majority of this amount will be Employment Strategy (EES). employment; social protection over 600 million, over 7 years. spent in less-developed Member It will cover 2 of the 3 objectives and inclusion; working conditions; States and regions. Structural Funds for cohesion funding in the new anti-discrimination and diversity; PROGRESS – if adopted – will be and instruments aim to promote financial framework: convergence and gender equality. replacing the anti-discrimination growth-enhancing conditions for and competitiveness. Under action programme and is of major the Union's economy and will focus the new plans, the former ESF It follows the same 'integrated importance to ILGA-Europe and on three new future objectives: programme EQUAL will be resolved. approach' and intends to use its members. The proposal refers 1) convergence, 2) competitiveness ILGA-Europe is concerned that the revision for the next financial to a consultation process with key and 3) co-operation. The regulations' this will considerably diminish perspectives (2007-2013) to sim- stakeholders. ILGA-Europe will package comprises of a general the non-discrimination dimension plify and rationalise the current make sure to be involved in order regulation laying down a common in the Structural Funds and the ESF situation. It will finance studies, to strengthen the LGBT dimension set of rules for all instruments, in particular. While intended awareness-raising campaigns, within the programme. and specific regulations for the to mainstream the priorities exchanges of information European Regional Development of EQUAL, it could in practice and good practice, monitoring and »BH

FOR THE PROPOSAL FOR A REGULATION ON THE EUROPEAN SOCIAL FUND, SEE: http://europa.eu.int/comm/employment_social/news/2004/jul/com_2004_493_en.pdf

DUTCH PRESIDENCY PRE-CONFERENCE: "SEXUAL ORIENTATION POLICY" MAINSTREAMING NON-DISCRIMINATION IN AN ENLARGED EU

As part of the programme The objective of the conference policies of stakeholders. The goal Parallel to this pre-conference, of the Dutch EU Presidency, is to take a closer look at the of the conference is to make a start a Gender Mainstreaming the Dutch Ministry of Health, experiences gained by several with the reorganisation, improvement, Conference will also take place. Welfare and Sports, together European projects focussing development and evaluation of policy These two conferences are to be with the COC Netherlands, is on sexual orientation discrimination. processes, so that the perspective seen in conjunction with the broad organising a European pre-conference The conference hopes to learn from of equality in Europe – based on EU conference about the future on sexual orientation policy and the projects and networks and explore sexual orientation – is incorporated of the EU's anti-discrimination policy. mainstreaming non-discrimination possibilities of how such networks in all policies at all levels and at in an enlarged European Union. and experiences can become all stages, by stakeholders normal- »BH It will take place on 19-20 a structural element in European ly involved in policy-making November 2004. diversity and non-discrimination ("mainstreaming").

»P10 ILGA-EUROPE NEWSLETTER THE BARROSSO COMMISSION LEADING AN ENLARGED EU

On 12 August José Manuel Barrosso, president of the new Commission, Employment, Social Affairs Justice, Freedom published the list of new Commissioners and their dossiers. All commis- and Equal Opportunities and Security sioners-designate must appear before the European Parliament for hear- VLADIMÍR SPIDLA PROF. ROCCO BUTTIGLIONE ings at the beginning of October. The Parliament then has to approve the Czech Republic Italy Commission as a whole at the end of October before it can take up its work on 1 November. Prof. Buttiglione's responsibility will include many policy areas The new line-up contains some surprises with two of the most influential that are of direct relevance portfolios in the Commission going to the Netherlands' Neelie Kroes and importance to ILGA-Europe. (competition) and Ireland's Charlie McCreevy (internal market), while These include the EU's policy France's Jacques Barrot only received the relatively small portfolio agenda on asylum and immigration, of transport. Peter Mandelson from the UK will be responsible for the EU citizenship and the guarantee important trade portfolio, new member state Latvia (Ingrida Udre) of fundamental rights, including received taxation and Hungary's László Kovács will be in charge of energy. the right to non-discrimination and As expected, the German Günter Verheugen, will be vice-president of the the right to move and reside freely Commission and has been given a new industry portfolio. He will also Mr S pidla will be responsible within the EU. be in charge of the co-ordination of the Commission's role on competition. for the EU's employment and Mr Verheugen is not alone as vice-president; he is joined by Italy's social affairs policy. For ILGA- Prof Buttiglione will also oversee Rocco Buttiglione (justice and home affairs), France's Mr Barrot, Europe this is particularly important the EU's policy on judicial cooper- Estonia's Siim Kallas (administrative affairs) and Sweden's Margot Wallström. as it includes the EU's action ation in civil matters including on equality and non-discrimination Perhaps the three most important Commissioners for the policy dossiers as well as the European Social that ILGA-Europe follows are those responsible for (1) Justice, Freedom Funds. Discussions will be ongoing and Security, (2) Employment, Social Affairs and Equal Opportunities this autumn on the future of the EU's and (3) Enlargement. social policy including discussions on the proposed new action pro- gramme to inter alia combat Enlargement ILGA-Europe has carefully moni- discrimination (2007-2013) OLLI REHN tored the accession of the first ten and the new European Social Finland enlargement countries, aiming to Funds (see also p. 10). ensure that each candidate country parental responsibility and divorce; fulfils the Copenhagen criteria. The Mr S pidla became involved external relations same will be relevant for the next in politics in 1990. As a Social with third countries and interna- rounds of enlargement, particularly Democrat he was elected member tional organisations and criminal with a view to the situation of gay, of Parliament in the Czech Republic, justice (including racism lesbian, bisexual and transgender focussing on Social policy and and xenophobia). Prof. Rocco people. Health Care. In 1998 he became Buttiglione has served from 1999 Minister for Labour and Social to 2004 as an MEP and Italian Mr Rehn, a political economist has Affairs and in 2002 he was elected MP. He was nominated Minister served in the European Parliament prime minister. He abdicated at the of European Affairs in Berlusconi's as vice-chair of the Liberal Group end of June 2004, when he was government and is president (1995-6), he worked as a policy nominated commission candidate. of the UDC (Union of Christian Mr Rehn will be responsible advisor to the Finnish prime minister, Mr S pidla has always supported Democrats), the centre-right for the candidate countries a university professor and a head the rights of LGBT people and Catholic party in the government (Roumania, Bulgaria, Croatia, of cabinet in the European was actively involved in drafting coalition. In his political career Turkey) and the Western Balkans. Commission. a proposed registered partnership he has been a strict follower bill (voted down in parliament of the official Catholic doctrine in January 2004 – see also p. 18). on issues such as those relating FOR A FULL LIST OF THE NEW COMMISSIONERS AND INFORMATION He is considered to be a very to sexual orientation, abortion, ON THEIR BACKGROUND AND THEIR PORTFOLIO, PLEASE SEE: serious and honest man that cloning, women's rights, asylum http://europa.eu.int/comm/commissioners/newcomm_en.htm can be expected to support LGBT and immigration and others. rights at European level. ANOTHER USEFUL SOURCE OF INFORMATION ON THE NEW EUROPEAN »BH COMMISSION IS THE FOLLOWING NEWS WEBSITE: (source: Kve toslav Havlik, www.euractiv.com Gay Initiativa)

ILGA-EUROPE NEWSLETTER »P11 COMMISSIONER BUTTIGLIONE: A CONTROVERSIAL CHOICE

Prof Rocco Buttiglione, Italy's incoming Commissioner for Justice, Freedom and Security is a well-known figure amongst Italian human rights organisations – specifically those working on asylum and immigration or the rights of LGBT people. In an interview with Reuters on 22 August this year, Buttiglione expressed his support for a controversial proposal to build transit camps for potential immigrants to Europe: "Immigration is a time bomb for the EU and members must work far more closely with each other if the bloc is to control the flood of refugees."

As a member of the European Parliament (1999-2004), Buttiglione submitted an amendment to the Convention that wrote the European Charter of Fundamental Rights to the effect of removing "sexual orientation" from the grounds of non-discrimination of the article on non-discrimination of the Charter, as reported in CHARTE 4360/00, page 32, amendment 444. Throughout his political Buttiglione has been clear about his perception of homosexuality:

- "The right to express everybody's ideas must be protected, but at the same time provocations must be prevented against the feelings not only of the Catholics but also of all those who believe in a sexuality oriented toward love" (Ansa, 26 May 2000, commenting on World Gay Pride) - "World Pride was a procovation. You have to feel compassionate towards homosexuals, but compassion has to be coupled with condemnation of homosexuality as a sin" (Giornale di Brescia, 10 July 2000) - "Everybody is free to call me a bigot and an intolerant, but I, with the very same freedom, can define homosexual behaviour as technically an index of moral disorder" (Ansa, 5 March 2001, commenting on the Milan Pride march) - "The only family is that in which a woman sacrifices a part of her professional career for the children." (18 April 2001, election campaign meeting of Cascina, PI)

Though such positions may be perfectly legitimate from a personal point of view, they become extremely worrying when put forward by a high government official, mandated to act in the best interest of the whole population. Given his record, it is legitimate to wonder how he could swear to protect the treaties of the Union when he maintains in his work moral reserves on the very values enshrined in those treaties. (Source: Arcigay, Italy)

SIGNIFICANT CHANGES DESPITE SIMILAR PARTY GROUP LINE-UP THE NEW EUROPEAN PARLIAMENT

The new European Parliament balance of power between the parties 88 seats and plays a pivotal role breaks down, the ALDE may be that was elected in June this year in the Parliament and the political in shaping decisions by forming pivotal. Based on the judgments brings together 732 elected repre- forces in the Commission coalitions with either of the two big of the BKSH, there is likely to be sentatives from the EU's 25 member and Council.1 parties. Finally, there are four smaller a 'liberal' majority (comprising states. The European Parliament groups: the Greens (G/EFA) 42 PES, ALDE, G/EFA and EUL/NGL) has traditionally been an important Inside the party groups seats, the Radical left (EUL/NGL) on policies related to equality ally for civil society organisations. The European People's party and 41 seats, the nationalists (UEN) and non-discrimination as well as European Democrats (EPP-ED) 27 seats and the Anti-Europeans asylum, civil liberties and internal continues to be the largest group (IND/DEM) 37 seats. The final of security. In the context of social with 268 seats. Though a diverse those four, the IND/DEM, is consider- policy and workers' rights, however, group, the number of conservative ably more right-wing and religious the BKSH argues that a 'pro-business' and euro-sceptic members com- than its predecessor. Amongst its coalition between the EPP-ED, pared to the previous legislature members are the UK independence UEN and ALDE groups is likely What can we expect from the new has risen. Within the Party of Euro- party the Italian Northern League to get a majority. Parliament in terms of LGBT issues? pean Socialists (PES) – with a total and the League of Polish Families. Whilst it is too early to give definite of 200 seats – the internal balance The picture, in short is mixed: responses, there are clear indications of power has also changed: the Coalition Politics despite an atmosphere of height- that it has become more conserva- French and Spanish Socialist have Perhaps the most interesting ened conservatism and increased tive and market-oriented (see P. 13). replaced the German and British observations are those concerning support for market liberalisation Despite similarities in the party as the two largest delegations. the coalition politics in the new over social policy measures, group line-up, there are significant Both are more left wing than Parliament. The grand coalition there are strong voices in favour changes on three levels: (a) inside the average member of the PES. between the EPP-ED and the PES of human rights considerations. the party groups; (b) in terms of The alliance of Liberals and Demo- is unlikely to hold together in leg- coalition partners and (c) in the crats for Europe (ALDE) now holds islative battles. If this coalition »BH

1 For details, see report by BKSH, "The New European Parliament: more Change than at first appears", August 2004, www.bksh.com

»P12 ILGA-EUROPE NEWSLETTER EUROPEAN PARLIAMENT SLOVAK MEP LEADS WOMEN'S COMMITTEE

speak more than words. Prior to that the main problem lies in gays The election of conservative MEP Anna Záborská from Slovakia joining the EU, Slovakia was obliged and lesbians being open about as chair of the Committee for Women's Rights and Gender Equality to implement the Community acquis their sexual orientation in front of on 26 July 2004 was a controversial choice. Reason for the controversy on non-discrimination in the field their pupils. So, as long as teachers was Záborská's public view on the position of women and the rights of employment. Right from the are willing to keep quiet about their of gay, lesbian and bisexual people. MEP Mary Honeyball: "Her views start, the Christian Democratic homosexuality, they can continue on abortion and homosexuality in particular could put her in direct Movement strongly opposed all to practice their profession. conflict with what the committee is trying to achieve. It is a very initiatives to incorporate anti-dis- provocative choice by the EPP which put us in a difficult position." crimination legislation to Slovakia's Slovakia in the EU German Socialist Lissy Groner, agreed: "I opposed her candidacy legal system. The key contested because her attitude is against the spirit of the committee." area was the clause on sexual Ms Záborská was an active supporter (European Voice) orientation discrimination, which of the Slovak Declaration of Sover- the KDH vehemently challenged. eignty of EU Member States Who is Anna Záborská? A doctor by profession, she entered politics The conflict lasted over three years. in Cultural-Ethical Questions – joining the Christian Democratic Movement (KDH – Krest’ansko- Only shortly before Slovakia's official a document drafted by the Slovak demokratické hnutie) in 1990. In 1998 she was elected into the entry to the EU, five minutes to twelve, Parliament following a proposal Slovak Parliament for the first time. Re-elected in 2002, she became so to say, was the KDH's obstruction of the KDH. This declaration includes vice-chair of its Health Care Committee. Ms Záborská was not involved overcome. clauses on the protection of life in the Slovak Parliament Sub-Committee on Women's Issues. In civil and human dignity from conception society she is seen as a supporter of Christian organisations. Throughout the political debates until death; the protection of the Ms Záborská illustrated a very family and the institution of marriage Considering her personal and party background, her sudden commit- selective understanding of the as the basic element of society as ment to women’s issues comes as something of a surprise. After all, principle of non-discrimination: well as related decisions in health- the KDH is a very conservative political party, widely known for its dis- on the one hand, she considered care and education. The KDH also criminatory attitudes against the rights of women and LGBT people. Slovakia's legislative protection opposes the draft EU Constitution, against discrimination to be com- mainly because of the inclusion prehensive and adequate; on of the Charter of Fundamental the other she identified certain Rights and the omission of the On the rights of women a difficult decision taken in extreme employment fields – notably clause on Christian heritage situations. I don't want to judge teaching – where she felt such in the introduction of the final draft. The most contested issue in Slovakia these women; I want to help protection against discrimination Ms Záborská expressed her disap- with regard to women's rights has them."1 It will be interesting to see was not appropriate. As Záborská pointment about the denial been the question of legal access how this commitment is reflected was quoted to say: "I don't want of these essential European roots. to abortion. The KDH has been very at European level. to discriminate against anyone, Finally, her idea of what Slovakia critical of this and has sought to bring but with these people there is the might bring to Europe includes about a constitutional ban on abo- Anna Záborská, the KDH potential that their views on life traditional values, respect for the rtion. In 2001 Anna Záborská was and LGBT people in basic family matters, on male family, an educated work force, one of the KDH members to propose and female relations, could influence natural resources, good food such a ban in the Slovak Parliament. In the early days of her political children."3 and last but not least beautiful When the proposal was not suc- career, Ms Záborská's attitude women.5 No comment! cessful, the KDH appealed to the towards gay and lesbian people It is the exhibitionist nature Constitutional Court in order to ban was manifestly hostile. Only four of homosexuals that cause »PAULA JÓJÁRT abortion. Slovakia still awaits the years ago, she still viewed AIDS Ms Záborská grief. Thinking results of the appeal: the threat as God's punishment for homo- of those people dancing naked that women in Slovakia will no longer sexuality.2 Since the European in pride parades in Berlin or Rome, have access to abortion in a safe elections, her public position has she wonders whether they should environment continues to be a real become more moderate, and be allowed to teach children. At possibility. Ms Záborská has since on numerous occasions she has the same time, though, Záborská modified her position. In a recent stated that she has nothing against states that "I think any discrimina- press statement she holds: "It is homosexuals. Yet, when one looks tion against human beings is not true that I am against women at the political record, the actions unacceptable – any discrimination who have had an abortion... It's of both Záborská and her party at all."4 She goes on to explain

1 http://www.twnonline.org/040812_international_news.htm. 2 http://www.noveslovo.sk/clanok.asp?id=11796&cislo=32%20-%2033/2004. 3 The Slovak Spectator, 31.03.2003. 4 EUPolitix, 29.07.2004. 5 Formát, 26.04.2004

ILGA-EUROPE NEWSLETTER »P13 EUROPEAN COURT OF JUSTICE COMMISSION TAKES ACTION TO ENFORCE ANTI-DISCRIMINATION LAW The European Commission same five member states adopted legislation transposing member states. ILGA-Europe will be announced on 19 July that it is and Belgium for having failed the directives, the Commission is preparing an update on national taking legal action against six to transpose fully the Employment now in the process of examining implementation from an LGBT member states that have failed to Framework Directive. The Com- the national laws in question perspective this autumn. transpose the two anti-discrimination mission's decision means that to ensure they conform in full If you wish to raise directives (43 and 78/2000). the member states in question with the provisions of EU law. any issues concerning the The Commission will refer Austria, have two months to reply to implementation of the framework Germany, Finland, Greece, and the "Reasoned Opinion" from ILGA-Europe welcomes this important directive, please contact Luxembourg to the European Court the Commission. Following that, step in reinforcing the new rights [email protected]. of Justice for non-compliance. they could then face the next step granted by the directives. The of referral to the European Court European Commission will now »BH Infringement proceedings have of Justice. For those member focus its energies on analysing the also been launched against the states, which have already status of transposition in all other

FOR FURTHER INFORMATION, SEE: http://europa.eu.int/comm/employment_social/news/2004/jul/ip_04_947_en.pdf

IMPLEMENTING THE FRAMEWORK DIRECTIVE IN LATVIA MPS DELETE SEXUAL ORIENTATION FROM ANTI-DISCRIMINATION BILL In March 2004, the Latvian Latvian lesbian and gay organisations, ➜ 2.6% individuals who completed theless the chance that such a ban Minister for Special Assignment the Latvian National Human Rights the questionnaire had lost their will be reinstated or supported is for Society Integration Affairs pro- Office and the Welfare Minister to ban job because of their sexuality; "near to nil" according to Boriss posed an anti-discrimination bill sexual orientation discrimination, ➜ 9.3% had encountered Cilevic s, one of the Committee's to implement the requirements and in 1999 the Committee reject- attempts to sack them because members. Mr Cilevic s, who repre- of the EU race and employment ed the Registered Partnership Bill. of their sexuality; sents the left-wing People's Harmony equality directives (43 and ➜ 6.7% reported having been Party, supports an explicit ban on 78/2000). The bill contained This recent action directly contradicts dismissed from a job because sexual orientation discrimination a proposal to ban sexual orientation Latvia's obligation under EU law of their sexuality; but does not believe the Committee discrimination. However, after it as Latvia has joined the EU on ➜ 17% had encountered will comply. He has suggested had been submitted to parliament, 1 May 2004. Latvian lesbian, gay harassment at the workplace; that a complaint against Latvia its Human Rights and Public Affairs and bisexual employees are under ➜ 58% felt their sexuality to the European Court of Justice Committee amended the bill deleting real threat from discrimination: had to be kept hidden might be the most effective way the ban on sexual orientation European and national polls reveal in any job. to achieve implementation discrimination. The bill has its that the Latvian population is one of directive 2000/78/EC. second reading this autumn. of the most homophobic in the EU, An explanation from members of and the 2002 report "Sexual the Committee has been requested, »JURIS LAVRIKOVS The Committee is notorious for its Orientation Discrimination in and efforts have been made to get anti-gay stance: since 1995 it has Lithuania, Latvia and Estonia" the ban on sexual orientation dis- FOR FURTHER INFORMATION, SEE: rejected numerous proposals from demonstrated that in Latvia: crimination back into the bill. Never- www.discrimination.gay.lv

»P14 ILGA-EUROPE NEWSLETTER ORGANISATION FOR SECURITY AND COOPERATION IN EUROPE COMMITTED TO NON-DISCRIMINATION

The Organisation for Security Unfortunately, sexual orientation or As a part of this renewed focus on text of LGBT citizens of OSCE and Cooperation in Europe (OSCE) gender identity are not part of the tolerance and non-discrimination participating states. The office will recently re-affirmed and strengthened listed grounds.2 However, the the OSCE is sponsoring a conference be sending out more information its "commitment to increase its efforts mandate has been interpreted to in Brussels on 13-14 September on this meeting and how members for the promotion of tolerance and include all forms of discrimination on Tolerance and the fight against can participate. ODIHR will also non-discrimination in all fields." 1 including that based on sexual ori- racism, xenophobia and discrimi- be setting up a website to share The Office for Democratic entation or gender identity. ILGA- nation.3 ILGA-Europe has registered the information they collect Institutions and Human Rights Europe will take advantage of this to participate and will actively and to disseminate information on (ODIHR) has been designated to raise the issue of sexual orienta- intervien. This is the third confer- best practices for preventing and to act as the collection point tion and gender identity discrimi- ence the OSCE has organized on responding to discrimination. We for information from participating nation within the context this topic in the last year.4 The are in discussions with them about states, international institutions of OSCE commitments and make results of these conferences and cooperation on this project. and NGOs. The ODIHR will report sure that the discussions include the report of the ODIHR will be fur- its findings to the Permanent discrimination on these grounds. ther discussed at the Human This renewed mandate to promote Council and to the Human We will do this by cooperating Dimension Implementation tolerance and non-discrimination Dimension Implementation with the ODIHR and making Meeting (HDIM) to take place in presents ILGA-Europe with an Meeting (HDIM). The findings appropriate interventions at OSCE Warsaw from October 4-15. The opportunity to get LGBT issues will also be made public and be meetings; asking our members HDIM is the OSCE's largest human on the OSCE agenda and to make taken into account in deciding to lobby the OSCE section of the rights conference of the year. The sure that OSCE does not forget on priorities for the work of the foreign office and their OSCE topic of tolerance and non-discrim- that all of its participating states OSCE in the area of intolerance. delegations in Vienna; encourage ination will be discussed on have LGBT citizens who are Participating states also agreed to members to send representatives Tuesday October 12, specifically entitled to the same rights collect and maintain reliable infor- to OSCE meetings and to include the issues of hate crimes legisla- and protections as all citizens. mation and statistics about hate LGBT representatives in their offi- tion and how government officials crimes motivated by racism, xeno- cial delegations increase the level and law enforcement respond to »DON BISSON phobia and related discrimination of interaction with the local OSCE hate crimes. ILGA-Europe will hold and intolerance and report the Mission and National NGOs on a side meeting on October 12 from information to the ODIHR and the this topic. 13:00-15:00 at the HDIM general public. to discuss this subject in the con-

1 See Maastricht Ministerial Council Decision on Tolerance and Non-Discrimination, MC.DEC/4/03. 2 Reaffirming its commitment to promote tolerance and combat discrimination… as well as discrimination based inter alia, on race, color, sex, language, religion or belief, political or other opinion, national or social origin, property, birth or other status. MC.DEC/4/03. 3 The agenda can be found at http://www.osce.org/events/conferences/tolerance2004/ 4 There were previous conferences on anti-semitism and racism, xenophobia and discrimination in Paris, Berlin and Vienna. All conference documents can be found at www.OSCE.org

EU TRANSNATIONAL PROJECTS "DIFFERENT IN MORE WAYS THAN ONE" The manual "Different in More Heterosexism and homophobia can to live. The manual aims to give Ways Than One: Providing Guidance be problematic for young people; advice to teachers, educators and for Teenagers on Their Way to this is true both for those identifying counsellors on how to best assist Identity, Sexuality and Respect" as lesbian, bisexual or gay and for young people. was produced by a European TRIANGLE was financed by the their heterosexual peers. In counselling project-team called "TRIANGLE", Community Action Programme and education it is extremely »STEFAN TIMMERMANNS consisting of representatives from to combat discrimination as well important to provide a safe and Project Co-ordinator eight institutions in five different as by the lead organisation, the supportive atmosphere in which countries : Austria, France, Germany, Family Affairs Ministry of North- young people can explore their Italy and the Netherlands.1 The team Rhine-Westphalia, Germany. The emotions and make their own set out to develop a manual for manual is in itself a good example decisions on the way they choose educators and counsellors on how of true European collaboration. It is to deal with lesbian, bisexual and a good example on how to tackle gay issues in multicultural contexts. discrimination in everyday practice. The TRIANGLE manual is available in Dutch, English, French, German and Italian under www.diversity-in-europe.org 1 TRIANGLE stands for "Transfer of Information to Combat Discrimination Against Gays and Lesbians in Europe".

ILGA-EUROPE NEWSLETTER »P15 EU TRANSNATIONAL PROJECTS "ACCESS TO JUSTICE"

Not everyone has access to justice. building for key actors (NGOs, trade tries: Great Britain, Romania, of Elderly People's Organisations; We have got the Employment unions, equality bodies and others), Spain and Sweden. It is a collabo- RFSL, the Swedish Federation Directive but if people do not know so that individuals can get the support ration of organisations with a com- for Lesbian, Gay, Bisexual and Trans- their rights, and if they do not know they need to take cases forward. mitment to tackle discrimination gender Rights; HomO, the Swedish how to take action when necessary, on grounds of age, disability Ombudsman Against Discrimination the directive – and national legislation and/or sexual orientation. An inter- on Grounds of Sexual Orientation; based on the directive – will only national steering committee is and LO, the Swedish Trade Union be words on paper. "Access to responsible for the activities and Confederation. In addition to the Justice" – funded under the results of the project. There are six transnational steering committee, Community Action Programme to partners in the steering committee: there are national networks in each combat discrimination – wants to Help the Aged, a UK-based charity of the four countries. In the networks, promote legislation to be used in that works to combat age discrimi- several organisations are contributing practical cases when discrimination nation and improve the quality their expertise in different areas. is a fact. The project's scope is of older people’s lives; ACCEPT, discrimination on grounds of dis- a Romanian organisation working »ANETTE SJÖDIN ability, age or sexual orientation. to benefit gay, lesbian, bisexual Project Manager RFSL, the Swedish Federation The project is intended to develop and transgender people; CEOMA, for Lesbian, Gay, Bisexual and model sessions to train key actors. the Spanish Confederation Transgender Rights, will be managing A multilingual training manual will the project that lasts until 1 December be created. Information will also be If you want to know more about the project and the partners, visit our 2006. "Access to Justice" will work available on our website.The pro- web page at www.rfsl.se/access or contact Anette Sjödin, project to empower and help capacity ject is actively working in four coun- manager, at [email protected].

STRATEGIES ON LITIGATION IN EU COUNTRIES SOLID – INTRODUCTION TO A NEW EU PROJECT

Most people reading this will be Roma Rights Centre, the Public of trained experts who can identify we all know that people have aware of the two EU anti-discrimi- Interest Law Institute, National test cases and work in partnership more than one identity, and we are nation directives. Most people will Bureau against Racial Discri- with others such as equality bodies, keen to link with projects working also be keenly aware that laws mination, Documentation trade unions and NGOs, to support on the directives in relation to other on their own do little to address and Advisory Centre on Racial victims of discrimination. grounds of discrimination. the problems experienced by groups Discrimination and Interights – facing discrimination. It is only when began to develop SOLID. We also aim to strengthen the links Over the last half-year, we set up these laws are put into practice, between NGOs and lawyers and to the project and drafted a final pro- when they are properly implemented The project aims at achieving overcome the myth of the remote- posal. The next stage will be even and when people are able to use effective implementation of the two ness and inaccessibility of law. more intense and exciting, as we them, that they have an effect. directives via capacity building That way, gaps in transposition move to recruit participants Many EU member states are and partnership with ethnic and can be filled, the resulting laws for the training, and begin dragging their heels on transposing racial minority groups across the will be implemented effectively, to deliver the programme. the directives (see also p. X). EU. The training sessions hope and we will begin to see real to help NGO representatives across change in the experiences of com- »TANSY HUTCHINSON It was this in mind that NICEM, the the EU 25 develop national strategies munities that face discrimination. Northern Ireland Council European Network against Racism on litigation and support. In the long While the project is focussed for Ethnic Minorities and our partners – European run we hope to develop a cadre mainly on racial discrimination,

»P16 ILGA-EUROPE NEWSLETTER TAKING FORWARD CASES UNDER NEW EQUALITY LEGISLATION FIRST SUCCESSFUL SEXUAL ORIENTATION CASES IN IRELAND Two gay men have recently been iation and suffering experienced".1 the Minister for Social and Family incidents were considered as evi- awarded € 1000 and € 10,000 The Equality Officer also ordered Affairs introduced legislation to dence of harassment on the basis under Ireland's equality legislation. the bar to ensure that Mr O'Regan effectively overturn the provision in of sexual orientation and the hotel The cases are the first in which be made welcome on an equal the law that the same-sex couple was found to be liable for Mr Piazza's discrimination on the basis of sexual basis to heterosexual customers were able to use. The Department harassment because it failed to orientation was proved since the two in the future and that the bar inform did not revoke the pass issued to respond adequately to his com- laws were passed in 1998 and its staff of their obligations the couple that had taken the case. plaints.4 Although the hotel held 2000. A third case against the Irish under the Equal Status Act. an investigation, Mr Piazza was Department of Family and Social The third case, in which a gay man never informed about any findings Affairs, the government ministry The second case taken under – Gabriele Piazza – was awarded and no apology was issued. The with responsibility for social welfare the Equal Status Act 2000 was € 10,000, was taken under the hotel failed to make it clear that it payments and benefits, was settled against the Department of Social Employment Equality Act 1998 regarded similar behaviour as serious earlier this year before it went and Family Affairs and it concerned and concerned harassment and unlawful misconduct and to a full hearing at the Equality the provision of travel passes. on the ground of sexual orientation it did not take any apparent Tribunal. During negotiations the People aged over 66 are entitled experienced by an employee steps to avoid similar incidents Department accepted that it had to a free public transport travel of a Dublin hotel.2 The first incident in the future. discriminated against a gay couple pass. A similar pass is issued to concerned an email sent by the hotel's and agreed to pay them € 1500 their spouse or unmarried partner. restaurant manager to the human One aspect of particular note in the each in compensation. The Department had refused such resources manager: it referred two cases at the Equality tribunal a partner's pass to the same-sex to Mr Piazza as "just a bloody is that neither of the complainants In one of these cases, a gay man partner, although an unmarried woman". On another occasion had legal representation. The – Martin O'Regan – was asked partner not of the same sex would a kitchen steward called Mr Piazza Equality Tribunal points out in its to leave a bar before legal closing have been issued with one. The a "bastard, gay bastard" or a "queer annual report for 2003 that it seeks time. Mr O'Regan was also refused Equality Authority represented the bastard".3 In a third incident, one to provide a relatively simple, service at the bar throughout the gay couple in the case and negoti- of Mr Piazza's male colleagues low-cost and accessible forum for time he was there, although others ated a settlement with the said to another male colleague: resolving claims of discrimination. in his company, who were not gay, Department. The Department agreed "you want to fuck Gabriele". Although During 2003, 42% of all com- were served. The Equality Officer to issue the "partner" version of the the hotel contested the evidence plainants in equal status decisions concluded that Mr O'Regan's evidence pass and to pay each of them € on this last incident, the Equality and 70% in employment equality was more reliable and ordered that 1500. Yet, six months after Officer found that Mr Piazza's evi- decisions did not use legal he be paid € 1000 for the "humil- the settlement in September 2003, dence was more reliable. All three representation.

»PROINSIAS Ó CEALLAIGH

1 Martin O' Regan v The Bridge Hotel, Waterford. Equality Tribunal decision no. DEC-S2004/037, 20 April 20 2004. Available at www.equalitytribunal.ie. 2 Among the provisions on the Act is a prohibition on harassment on the basis of sexual orientation. It is described as any act or conduct that is unwelcome to the victim, which could reasonably be regarded in relation to the victim’s sexual orientation as offensive, humiliating or intimidating. It can include spoken words, gestures or the production, display or circulation of written words, pictures or other material. 3 There was a disagreement in the evidence as to the exact words. 4 Gabriele Piazza v The Clarion Hotel. Equality Tribunal decision no. DEC-E2004/033. Available at www.equalitytribunal.ie.

YOUR SOURCE OF INFORMATION ON EUROPEAN LGBT ISSUES www.ilga-europe.org

ILGA-EUROPE NEWSLETTER »P17 NEWS CLIPS NEWSNEWS CLIPS NEWS CLIPS NEWS CLIPS NEWSCLIPS CLIPS NEWS CLIPS NEWS CLIPS NEWS CLIPS NEWS CLIPS NEWS CLIPS NEWS CLIPS NEW Czech Republic United Kingdom Battle for same-sex registered partnership continues Universities given guidance on gender law

After the Parliament refused the place this September) and a third Universities are being issued with managers to understand the intricacies government draft bill for the legal and final parliamentary reading guidance on how to treat transgender of transgender issues, even those recognitions of same-sex partner- at some later point in the future. people on their staff following legis- that are hard to discuss. The guidance ships this February, we now have lation that allows people to apply outlines the different stages of tran- a new proposal on the table. A In parallel with the parliamentary for new birth certificates after they sitioning, from gender dysphoria cross-party coalition of liberal efforts for a new bill, we also start- change gender. To coincide with (the condition of being ill at ease members of the Czech Parliament ed a petition in support of same- the passing of the gender recognition with one's gender) to full legal put forward a proposal in June. All sex partnership legislation in June. bill, which completed its parliamentary recognition of the new gender identity parties except for the Christian Already by end of July, more than stages early June, the universities' (granted by the new law). Democrats expressed their support. 4000 people signed, many of Equality Challenge Unit (ECU) is pub- Yet, despite the Conservatives' them well-know Czech artists. We lishing guidelines on the implica- The director of the ECU, Professor opposition, the bill passed through are optimistic and hope that after tions of the new law, and more Joyce Hill, said: "These guidelines first reading smoothly. It is current- several failed attempts we will be generally on managing "gender provide relevant and practical advice ly being discussed in the parlia- successful this time. identity in transition" in the workplace. to ensure that all members of staff mentary committees. To become The guidance, Employing transgender can work with dignity. Transgender effective, it still has to pass its sec- »KVETOSLAV HAVLÍK people in higher education, is the people have traditionally had limited ond reading (which might take first of its kind in any sector. Written rights, and the negative perceptions in collaboration with the transgender of transgender issues have not helped community, it provides an accurate achieve equality." The guidance will reflection of the needs of a member be sent free to all higher education of staff who is transgender. The law institutions and will be downloadable now requires employers to protect from the ECU website www.ecu.ac.uk. United Kingdom their rights. The book aims to equip Update on the Civil Partnership Bill (Source: The Guardian, 10 June 2004 The Civil Partnership Bill was intro- O'Cathain's anti-gay proposal www.education.guardian.co.uk/higher/news/story/0,9830,1235783,00.html.) duced by the UK government and offensive remarks about gay in March 2004 proposing the people, Stonewall organised introduction of a scheme to enable a "Boycott British Airways" cam- same-sex partners to register their paign as Baroness O'Cathain partnership and obtain nearly is a board member of BA. BA has all rights and responsibilities since announced that Baroness Serbia of marriage. The suggested scheme O'Cathain will step down "before is for same-sex partners only. The the end of the year". The UK gov- Queer bashing in Belgrade Bill had a second reading ernment has undertaken to remove in the House of Lords in April the amendment when the Bill goes Returning home after a gay party expressing their homophobic atti- and had overall approval from most to the House of Commons on 16 in elite Belgrade club Lotus tudes in a poster campaign which peers. However, during the report September. The earliest the Bill on 11 July, four men were brutally depicts gays and lesbians as sick stage in June, the Conservative could receive royal assent and attacked by a group of hooligans. individuals. The poster campaign peer Baroness O'Cathain proposed become law would be late 2004. The hooligans were hitting them with is symptomatic for the oppressive amendments to the Bill to extend However, it will take another 12 bats or clubs shouting: "You want atmosphere concerning minorities it to carers and family members. months to implement the Civil a party, fags, well here's a party in Serbia. This was passed by the Lords and Partnership Act and same-sex for you!" makes the Bill unworkable, under- partners would then be able to reg- mining hundreds of years of family ister from late 2005. Such attacks are relatively frequent FOR FURTHER INFORMATION, SEE: law. Organisations such as the Law in Serbia and hardly ever meet www.womenngo.org.yu/labris Society and Carers UK say this Bill »JL the attention of the police. There www.gay-serbia.com/gayten_lgbt is the wrong vehicle for such changes. has been no official condemnation www.belgradepride.org Stonewall has consistently stated of such homophobic hate crimes. www.gay.org.yu that protection for family members FOR MORE INFORMATION, SEE: Instead, organisations such as http://lambda.balconn.com and carers should be in a separate www.stonewall.org.uk the so-called Fatherland Movement www.queeria.org.yu. Bill. In response to Baroness Obraz are given free reign in

»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 Government taking first steps toward same-sex marriage

For the first time in the history of the Spanish LGBT movement, Germany activists were welcomed by gov- Gay Pride goes "European" ernment ministers – from the Germany’s gay pride parades this Minister of Justice to the Vice-Prime summer took up "Gay Solidarnosz", Minister herself. FELGT representatives a solidarity campaign co-ordinated were able to discuss at great length in Germany by Spartacus (a German initiatives concerning new legislation heterosexual marriage, the traditional gay publisher) and the LSVD. Both on gender identity as well as gov- family unit and the respect for life. Berlin and Cologne pride dedicated ernment policy related to transgender The government responded substantial stage time to the cam- people. Marriage was another item by reminding church leaders paign, which aims to raise funds on the agenda: in a historic message that in a secular country such for Campaign against Homophobia recorded for Spain's gay pride march as Spain, the church should not (Kampania Przeciw Homofobii, KPH), the community organisations and gay in Madrid, the Vice Prime Minister get involved in government matters. Polish organisers of Warsaw Gay publications support Gay Solidarnosz." of Spain pledged the government's What is encouraging in the context Pride 2004 that was forbidden by LSVD has also contacted the mem- firm commitment to open up marriage of the public debates is the clear the local mayor beginning of June bers of the Bundestag delegation to same-sex couples by January support of the Spanish population: and of the Cracow Pride Parade to the Polish Parliament, the Parlia- 2005, including the full set in a recent survey conducted by that was attacked in May (see mentary Assembly of the Council of rights and obligations that apply the Centre for Sociological Studies Newsletter # 2/04, p. 15). Philipp of Europe and the Parliamentary to heterosexual couples now. First (CIS), 70% of Spaniards support Braun, ILGA-Europe Board member Assembly of the OSCE – asking legislative proposals are expected same-sex marriage, 80 % consider from the LSVD states: "The campaign them to raise LGBT rights with their to be introduced end of September. homosexuality as respectable as has been a great success – many Polish counterparts. For more Not everyone in Spain is rejoicing heterosexuality, and 90% stated well-known politicians from major details email Philipp Braun: about this news. Amongst the most that they could not care less political parties as well as artists, [email protected]. outspoken opponents – not surpri- whether their neighbours are singly – is the Catholic Church. homosexuals or not. Church leaders are calling upon FOR FURTHER INFORMATION, SEE: Spain's politicians to oppose the »SYLVIA JAÉN http://www.lsvd.de/news/gay_solidarnosc.html legislative initiatives and defend FELGT Europe Taking action against hate lyrics

LGBT rights organisations across the criminal offence of incitement they will not be allowed to perform discrimination and violence Europe are following the lead to murder. When the LSVD and at Puma-sponsored events and in Jamaica and elsewhere". of gay rights group OutRage! OutRage! raised the issue with that the brand will terminate any Throughout this summer dozens in challenging Jamaican homo- international sports-clothing giant commercial deal they have with of concerts have been cancelled phobic dancehall bands. They Puma, a major sponsor of the them. In addition to ensuring that across Europe and the USA. are targeting eight Jamaican reggae Jamaican Olympic Team and no "kill queers" artists performed Financial losses and criticism singers whose songs incite listeners Jamaican music concerts, they under the Puma brand, the compa- of major funders together with the to shoot, burn, stab and drown gay reacted promptly. On 16 August, ny has also pledged to work with threat of prosecutions have forced people: Beenie Man, Bounty Killer, Puma has warned reggae singers lesbian and gay organisations Jamaican musicians to re-consider Buju Banton, Capleton, Sizzla, TOK, that the company has a "zero toler- "to challenge homophobic hatred, the use of openly violent song-lyrics. Elephant Man and Vybz Kartel. ance" policy on homophobia and These artists have a right to criticise prejudice. Puma threatens that FOR FURTHER INFORMATION, SEE: homosexuality, explains Peter Tatchell if Buju Banton and other top www.outrage.org.uk/briefing.asp?ID=43 of OutRage! but free speech does Jamaican reggae stars include www.guardian.co.uk/comment/story/0,,1293953,00.html. not include the right to commit antigay content in their concerts,

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