REPORT ON THE SITUATION OF THE LGBT* COMMUNITY OF SAINT PetersbUrg IN 2019 Coming Out 2020 Report On The Situation of the LGBT* Community of Saint Petersburg in 2019 — St. Petersburg: Coming Out, 2020. - 152 pages. This report is based on the results of the discrimination research undertaken by the monitoring team of Coming Out LGBT* initiative group in 2019: the survey and the cases documented by the monitoring program during the year. It provides an analysis of the main problems and restrictions the LGBT* people of Saint Petersburg faced last year. In addition to the quantitative analysis of the survey data the report features an analysis of specific cases of discrimination, homophobic and transphobic violence as well as an analysis of the situation regarding LGBT* rights in Saint Petersburg in terms of its compliance with the Russian legislation and international human rights standards. Text: Jonny Dzhibladze, Polina Kislitsyna, Max Olenichev Translation to English: Bad Samaritan Design and layout: Karl Martin We thank everyone who participated in the online survey and contributed their stories to this report. We also express our gratitude to all members of the volunteer team of Coming Out who helped the research by monitoring public events, street protests, the Media and Social Media; interviewing the survivors; collecting and processing photo-, audio- and video materials: Mark Kandolsky, Lou Thornwood, Ruslan Savolainen, Alfred Miniakhmetov, Frank, Arthur and others. Contents Introduction .............................................................................................4 Methodology ........................................................................................................5 The Results Summary ........................................................................................9 Chapter 1. Social Vulnerability of LGBT* People in Everyday Life ..........15 Demographic Portrait: Participants of the Survey .......................................... 15 Level of Openness and the Social Circles of LGBT* People ........................... 25 Financial Difficulties of LGBT* People ............................................................. 34 Self-Restriction and Degree of Openness in the Spheres of Labor and Educationя ......................................................... 43 Discrimination in the Spheres of Labor and Education .................................. 46 Discrimination in the Sphere of Housing and Real Estate ............................. 59 Discrimination in the Service Sector ............................................................... 80 Parental Rights of LGBT People ...................................................................... 82 Chapter 2. Homophobic and Transphobic Violence .................................87 Hate-motivated Physical Assault .................................................................... 92 Threats and Threatening Behavior ................................................................ 103 Domestic Violence.......................................................................................... 106 Sexual Violence .............................................................................................. 111 Property Damage and Theft ........................................................................... 115 Set-up Dates .................................................................................................. 117 Blackmail, Outing and Cyber-Bullying .......................................................... 121 Risks and Self-restrictions ............................................................................ 123 Chapter 3. Violations of the Right to Freedom of Assembly and Freedom of Speech ................................126 Violation of Rights during Street Protests .................................................... 126 Pressure on Educational and Cultural LGBT* Events ................................... 141 Chapter 4. Interactions with Law Enforcement Authorities: Certain Aspects ..........................................143 Conclusion ...........................................................................................148 Recommendations ...............................................................................149 Introduction This report was prepared by Coming Out LGBT initiative group and is based on the research carried out in 2019 by the group’s monitoring program. Coming Out’s chief mission is to support the LGBT* community of Saint Petersburg and to work towards legal and social recognition of the human dignity and equality of LGBT* people. We hold seminars, trainings, round- tables, discussions and support groups; publish informational booklets, offer free-of-charge psychological and legal assistance to LGBT* people and their close ones; handle strategic legal cases, collect data on cases of discrimination on grounds of sexual orientation, gender identity and gender expression as part of our monitoring program. Since June 2013, when the ban on “propaganda of non-traditional sexual relationships among minors” (the so-called “propaganda law” or “Mizulina’s law”)1 officially entered into force, we have been witnessing an ongoing state-mandated homophobic and transphobic propaganda campaign in Russian society. According to this law, sexual relationships are classified into two types, “traditional” and “non-traditional”; this latter type, in the opinion of the legislators and law enforcement authorities, includes all manifestations of non-heterosexuality. Though this law does not mention gender identity directly, in practice it has been applied to all LGBT* populations, since the state decision-makers are quite ill-informed regarding issues of sexual orientation and gender identity and the difference between these concepts. The above-mentioned law was passed as part of the enforcement of the “traditional values” doctrine, said values being understood as conservative (and mostly inspired by traditional Orthodox Christianity) ideas about society, family and interpersonal relationships. In the light of this state-mandated efforts to ‘restore’ conservative values in Russia, 1 Federal law adopted on 29.06.2013 No. 135-FZ “On amendments to article 5 of the Federal law “On Protection of Children against Information Detrimental to Their Health and Development” and certain legislative acts of the Russian Federation with the aim to protect children from informationpromoting denial of traditional family values”. In force since 30.06.2013. This law, inter alia, introduces the article 6.21 “on the propaganda of non-traditional sexual relationships among minors” into the Code of the Russian Federation on Administrative Offenses”. 4 anything that falls outside these “traditional values” (as understood by the state authorities), is labeled as “non-traditional” and, consequently, is condemned and suppressed. The “ban on propaganda of non-traditional sexual relationships” is based on the idea that all people are heterosexual by default, and their sexual orientation can only be altered under the influence of other people. This is why “propaganda” is outlawed and is punished by fine or administrative arrest. In practice the law is used to restrict the public spreading of information about homo/bisexuality and transgender identity not only among minors, but among adults as well. This contributes significantly to the rise of homophobia and transphobia in society, spreading discrimination against LGBT* populations throughout Russia and in Saint Petersburg in particular. This report elaborates upon both the quantitative and qualitative characteristics of discrimination in various spheres that the LGBT* people of Saint Petersburg faced last year. Methodology The situation in regards to the violation of LGBT*2 persons’ rights in Saint Petersburg is defined, on the one hand, by the vertical interaction between the state authorities and private individuals, leading to “classic” human rights violations (such as restriction on freedom of assembly or freedom of expression, unlawful acts or omissions by law enforcement authorities, violation of the right to an effective remedy). On the other hand, a significant number of anti-LGBT* discrimination and violence cases occur in everyday life rather than in vertical relationships between private individuals and state authorities: they happen at the workplace, in medical and educational institutions, in the family circle and during interactions between private individuals (e.g. physical assault, verbal abuse, bullying, denial of service). This report is mainly focused on the second type of violations, i.e. those perpetrated by a non-state agent 2 In this report we will be using the acronym LGBT (lesbian, gay, bisexual and transgender people) that is established in the international human rights discourse, however, it will be used with an asterisk (*) to indicate the inclusion of other groups and identities. Violence and discrimination on grounds of sexual orientation, gender identity and gender expression affect other communities, such as: gender non-conforming people, intersex people, polysexual and asexual people, people with queer identities, etc. 5 (private individuals and organizations), since this is more relevant to the current situation of the LGBT* people of Saint Petersburg. However, the report also includes several cases of violation of LGBT* rights by the state authorities. The discrimination research conducted by Coming Out LGBT Initiative Group relies on the following