Welcome to the website of the European Parliament's Intergroup on Gay and Lesbian Rights grouping Members of European Parliament and their support staff working on lesbian, gay, bisexual, and transgender (LGBT) equal rights issues.
Lithuanian law on the ‘protection’ of minors enters the statute book
The Lithuanian Law on the Protection of Minors against the Detrimental Effects of Public Information is entering into force today. The law bars ‘minors’ from receiving information about any type of sexual relationships, and seeks to protect the ‘traditional’ concept of family defined by the Constitution as based on the union between a man and a woman.
Last September the European Parliament officially condemned an earlier draft of the law forbidding the “propaganda of homosexuality and bisexuality” to minors. The proposed law gravely threatened freedom of expression and the right to impart and receive information freely, guaranteed by the Charter of Fundamental Rights and the European Convention on Human Rights.
Michael Cashman MEP, Co-president of the European Parliament’s Intergroup on LGBT Rights, declared: “The latest version of the law is marginally better than earlier drafts. Nevertheless, the European Union will not let a Member State restrict its citizens’ fundamental rights. Lithuanian people, including young people, are the victims of parliamentarians’ outdated fears: what they need is access to information on the society and family of the twenty-first century. What we need to promote is honesty about all forms of loving relationships.”
Ulrike Lunacek MEP, Co-president of the Intergroup on LGBT Rights, added: “I am happy there is no explicit mention of homosexuality anymore in the text. But referring to the traditional concept of family is also problematic: not just because it refers only to a couple made up of a man and a woman, but also because male domestic violence against women and children has been a taboo in traditional concepts of family. Young people in Lithuania need information about modern concepts of partnership and family!”
The European Parliament and the European Commission will closely monitor the application of the law and its effects on the fundamental rights of Lithuanian citizens—including minors. The annual Baltic Pride will take place in Vilnius, Lithuania, on the 7th and 8th May.
Macedonian Parliament debates proposed anti-discrimination law with Euro MP
Today the Parliament of the Former Yugoslav Republic of Macedonia held a public debate on a proposed anti-discrimination law that falls short of EU standards, notably for its omission of sexual orientation and gender identity as grounds of discrimination. The Permanent Committee for Protection of Freedom and Rights welcomed Ulrike Lunacek MEP, who debated the proposed legislation with members of the national ruling party. The public debate attracted strong interest from national media and civil society representatives, and focused on the proposed anti-discrimination law in the context of the country’s accession to the European Union.
Ulrike Lunacek MEP, Co-president of the European Parliament’s Intergroup on LGBT Rights and substitute member of the South-Eastern Europe Parliamentary Delegation, stated that EU accession was conditional upon recognising sexual orientation as a ground of discrimination. After the debate, she commented: “Combating discrimination is part of the EU Treaties, and there is no opting out from fundamental rights. I was rather disappointed at the obvious lack of accuracy in the course of negotiations for visa liberalisation for Macedonian citizens—which a majority in the European Parliament supported.”
The recent agreement on visa liberalisation for Macedonian citizens implied a progress towards EU-level anti-discrimination provisions, which were subsequently scrapped from the draft law. Ulrike Lunacek MEP continued:
“MPs from the ruling party are afraid of same-sex marriage and adoption. But I responded: ‘Fear is the worst possible guide in politics!’ Furthermore, both Albania and Serbia adopted broad anti-discrimination laws; why would the Former Yugoslav Republic of Macedonia isolate itself?”
“This is not about ideology; this is about prevention, and this is about protection—genuine equality needs everyone’s dedication!” The draft law is due to be formally discussed by the Parliament of the Former Yugoslav Republic of Macedonia in March. The European Parliament and the European Commission will keep monitoring the protection of minorities in candidate countries as a condition for EU accession.
European Parliament reaffirms LGBT rights are a condition to join the European Union
Today the plenary session of the European Parliament adopted reports on the accession to the European Union for Croatia, the Former Yugoslav Republic of Macedonia and Turkey. All three reports call on candidate countries to provide genuine protection to lesbian, gay, bisexual and transgender minorities, and remind candidate countries that the protection of all minorities is a non-negotiable condition to access the European Union.
The report on Croatia conveys the European Parliament's concern about the 2009 de facto ban on Zagreb Pride, and calls on the Government to effectively implement and enforce protection against discrimination.
The report on the Former Yugoslav Republic of Macedonia expresses the European Parliament's regret that the proposed new anti-discrimination legislation does not cover sexual orientation and gender identity as grounds of discrimination, and calls on the Government to bring their anti-discrimination legislation in line with EU standards.
Finally, the European Commission's progress report on Turkey's accession points to the shortcomings of the Turkish penal code, allowing for the systematic persecution of LGBT minorities and the limitation of their freedom of assembly.
Ulrike Lunacek MEP, Co-president of the European Parliament's Intergroup on LGBT Rights, commented: "I am happy that our amendments in favour of LGBT rights in the progress reports for Macedonia and Croatia were adopted by the European Parliament. We have reaffirmed that anti-discrimination standards must apply in candidate countries, and Štefan Füle, Commissioner for Enlargement, has assured us of his support on this issue. We count on the Commission's work in this area to make sure fundamental rights are respected in the European region."
Michael Cashman MEP, Co-president of the Intergroup on LGBT Rights, commented: "Accession criteria are crystal clear: minorities must be protected from discrimination as laid out in Article 19 of the Treaty—and that includes sexual orientation. This is not an à la carte menu: it is at the core of the European Union, and we will be rigorous in its application."
Malawi: “Stop harassing LGBT minorities!”, say Members of the European Parliament
Malawian police recently arrested Peter Sawali, 21, for putting up posters stating “Gay rights are human rights” on a busy road in Blantyre, the country’s commercial capital. The posters were confiscated. Sawali faces a fine of MWK 5,000 (EUR 25) and up to three months in prison.
This arrest follows the case of Steven Monjeza and Tiwonge Chimbalanga, who performed a traditional marriage ceremony in December 2009, and now face up to 14 years’ imprisonment. Responding to widespread international criticism of their prosecution, Kondwani Nankuluma of the Malawian Parliament’s Legal Affairs Committee recently declared to Africa News: "We are following our laws and proceeding with the case for the two in the courts. [...] Why do they keep pestering us to release the two?"
Michael Cashman MEP, Co-president of the European Parliament’s Intergroup on LGBT Rights, commented: “Malawi is a sovereign nation, and its laws should be respected; but using post-colonial laws to oppress citizens instead of protecting them is unworthy of any sovereign nation in the world. If Malawian authorities want to stop being ‘pestered’, they must first live up to the legal commitments they made when signing the Universal Declaration of Human Rights, the African Charter of Human and People’s Rights, and enacting the Bill of Rights in their constitution.” Michael Cashman continued: “Given that Malawi is now chairing the African Union, it is incumbent upon them to uphold the human rights of all their citizens, and that includes lesbian, gay and bisexual people.”
Ulrike Lunacek MEP, Co-president of the Intergroup, added: “It isn’t just about the rights of sexual minorities, as reminded in the UN Joint Statement of December 2008, which was signed by 67 countries including Cape Verde, the Central African Republic, Gabon, Guinea-Bissau, Mauritius and São Tome and Principe. It’s also about freedom of expression, which is universally recognised in all the international treaties to which Malawi is signatory.”
The trial of Steven Monjeza and Tiwonge Chimbalanga is set to continue with a hearing today. Its outcome will be decisive in influencing the country’s stance towards LGBT minorities.
Macedonia backtracks on protection from discrimination for sexual minorities
The Government of the Former Yugoslav Republic of Macedonia today announced a revised proposal for anti-discrimination legislation that will not refer to sexual orientation in the list of covered grounds.
Deputy Minister for Social Policy Spiro Ristovski confirmed the change from earlier drafts, assuring that lesbian, gay and bisexual people would still benefit from the protection guaranteed to all citizens by the proposed law, under the heading of "other grounds" of discrimination.
The move has angered Macedonian LGBT activists, and came after earlier drafts included sexual orientation in their provisions. The government is understood to have bowed to pressure from national conservative groups, who assimilated anti-discrimination measures to same-sex marriage and adoption.
Michael Cashman MEP, Co-president of the European Parliament's Intergroup on LGBT Rights, declared today: "If Macedonia is serious about joining the European Union, it must ensure that its laws match those of the European Union—and that explicitly includes non-discrimination on the grounds of sexual orientation. There is no opt-out on fundamental rights."
Ulrike Lunacek MEP, Co-president of the Intergroup on LGBT Rights, argued that the move was "unacceptable coming from a candidate country", and did not comply with EU anti-discrimination standards. She continued: "The government of the Former Yugoslav Republic of Macedonia has to acknowledge that lesbian, gay, bisexual and transgender people are protected from discrimination in the European Union. We urge the Macedonian government to reconsider their draft. Otherwise, we call on the Parliament to take a strong and explicit stance for the right to non-discrimination of all Macedonian citizens'—including LGBT people."
The Former Yugoslav Republic of Macedonia is a candidate country to enter the European Union since 2005. Periodic reports on accession progress include the situation for sexual and gender minorities.
