Armenia’s stance towards recommendations of Universal Periodic Review

During the 29th Regular Session of Human Rights Council, June 25, the state of Armenia presented its official stance towards the recommendations made during the review of the human rights record of Armenia earlier this year.

Large number of recommendations included, among others, adopting and effectively implementing legislation to ensure prohibition of discrimination based on sexual orientation and gender identity, combating hate propaganda and ensuring that appropriate training is provided to officials, and that law enforcement authorities carry out thorough and prompt investigations regarding attacks on LGBTI persons.

Gladly, most of these recommendations have been supported by the Republic of Armenia, including those related to prohibition of discrimination and discriminatory based activities against LGBT people which were carefully formulated. However, the Republic of Armenia noted one recommendation in which juridical adjustments were requested.

Even so, this small achievement is very important to our work, as it means the acknowledgement by the state of existence of various human rights issues of LGBT people that need to be addressed. The results of this report should be a starting point by the state to undertake necessary measures to improve the lives of LGBT people in Armenia.

To remind, that PINK Armenia, together with partner organizations, had submitted an alternative report for the 21st session of the Universal Periodic Review, where recommendations on prohibition of discrimination on the basis of sexual orientation and gender identity had been highly emphasized.

Homophobia and punitive laws continue to threaten HIV responses and human rights

UNAIDS Infographic: I am Gay - 5 things I fear.

In many regions of the world, punitive laws and practices against lesbian, gay, bisexual and transgender and intersex (LGBTI)[1] individuals continue to block effective responses to HIV. A range of human rights violations have been documented, from denial of health services and freedom of association to harassment, violence and murder.

Last week, a youth organization in Cameroon is reported to have held an anti-LGBT rally; the news followed a series of arrests and detentions in recent years of Cameroonian men who have sex with men based on their sexual orientation.

In Zimbabwe, where sex between men is illegal, police officers arrested and later released 44 members of the organization Gays and Lesbians Zimbabwe (GALZ) on 11 August 2012 following the launch of a GALZ report documenting human rights violations of LGBT individuals.

In Europe, a report on the human rights situation of LGBTI people—published in May 2012 by the European Region of the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA-Europe)—documented many cases of violence, hatred and discrimination against LGBTI people.

Studies in the United States, Canada, Europe and Australia have documented high levels of homophobic bullying in schools and lack of support from school authorities. A recent study conducted in the United States, for example, found that more than 84% of young LGBT learners had been called names or threatened, 40% had been pushed or shoved, and 18% had been physically assaulted at school.

Several cities in the Russian Federation recently passed laws prohibiting public information on sexual orientation and gender identity. Similar legislation is pending before the Ukrainian parliament. UNAIDS believes such laws discriminate against LGBT people by curtailing their freedoms of assembly and speech, threaten HIV outreach organizations supporting them, and may be used to justify homophobic bullying and violence.

A "climate of hate and fear"

Evidence and experience have shown that punitive laws and practices drive sexual minorities away from HIV services. A study conducted in Senegal, for example, found that prosecutions and harassment of LGBT individuals in 2008 led to “pervasive fear and hiding” among members of these groups. According to the study, some health providers suspended their HIV prevention work with men who have sex with men out of fear for their own safety; those who continued to provide health services noted a sharp decline in participation by men who have sex with men.

"Human rights violations based on people's real or perceived sexual orientation, gender identity or expression sanction the climate of hate and fear that keeps LGBTI people further in the closets,” said human rights advocate Joel Nana, Executive Director of the non-profit organization African Men for Sexual Health and Rights (AMSHeR). “Such violations discourage health-seeking behaviour, deny access to key health services and sustain the increasing incidence of HIV infection among men who have sex with men and transgender people," he added.

High HIV prevalence among men who have sex with men, transgender people

In many regions of the world, men who have sex with men and transgender people experience high HIV prevalence and low coverage of HIV prevention, treatment, care and support services.

Recent studies from sub-Saharan Africa show that HIV prevalence among men who have sex with men ranges from 6% to 31%. In Asia, the odds of men who have sex with men becoming infected with HIV are nearly 19 times higher than in the general population. In Latin America, an estimated half of all HIV infections in the region have resulted from unprotected sex between men.

Studies among transgender people have shown disproportionately high HIV prevalence ranging from 8% to 68%. Without access to HIV information and services free of fear, criminal sanction and homophobia, these trends cannot be addressed.

“World leaders are increasingly speaking out against discrimination and criminalization on the basis of sexual orientation and gender identity,” said Susan Timberlake, Chief of the Human Rights and Law Division at the UNAIDS Secretariat. “In launching its report in July, for example, the Global Commission on HIV and the Law issued a strong call for decriminalization of LGBT people and their protection in the context of the AIDS response.”

Some positive developments

Despite setbacks, there are some encouraging developments in favour of equality, non-discrimination and access to health services for sexual minorities.

On 12 July 2012, the President of Chile signed into law an anti-discrimination law that punishes hate crimes, including against LGBT people. Introduced some seven years ago, the adoption of the anti-discrimination law gained momentum following the brutal murder of Daniel Zamudio, a 24-year-old homosexual man.

On the International Day Against Homophobia and Transphobia, 17 May 2012, the European Region of Education International, the European Trade Union Committee for Education (ETUCE), the European Trade Union Confederation (ETUC) and ILGA-Europe committed to strengthen their collaboration to prevent and combat homophobia and transphobia at national and European levels in school, the workplace and society.

In February 2010, the Government of Fiji became the first Pacific Island nation to formally decriminalize sex between men. Fiji’s new Crimes Decree removes previous references to “sodomy” and “unnatural acts” and uses gender neutral language when referring to sexual offences.

In 2009, the High Court of Delhi held that criminalization of same-sex relations is unconstitutional and that it “pushes gays and men who have sex with men underground,” leaving them vulnerable to police harassment and impeding access to HIV services.

UN advocacy and action

In March 2012, the UN High Commissioner for Human Rights presented a report at the 19th session of the UN Human Rights Council documenting discriminatory laws and practices and acts of violence against LGBT individuals based on their sexual orientation and gender identity. The report called on all countries to decriminalize consensual same-sex relations and to ensure that individuals can exercise their rights to freedom of expression, association and peaceful assembly in safety and without discrimination.

At last year’s UN General Assembly High Level Meeting on AIDS, UN Member States committed to reviewing laws and policies that adversely affect the “successful, effective and equitable delivery of HIV services.” UNAIDS encourages all countries to translate this commitment into action to protect the human rights and health needs of LGBT people

source: UNAIDS

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[1] The acronym “LGBTI” is used as an umbrella short-hand for groups and/or individuals whose sexual orientation or gender identity differ from heterosexuality and who may be subject to discrimination, violence and other human rights violations on that basis. Information and data presented in this article may not apply equally to all the groups represented by this acronym.

"Virulent" homophobic attacks put South Caucasus activists at risk

Armenia, Georgia and Azerbaijan must do more to protect lesbian, gay, bisexual, transgender and intersex (LGBTI) people, Amnesty International said after a spate of attacks on activists.

Instead of condemning a firebomb attack on a gay-friendly bar in downtown Yerevan, Armenia’s capital, last week, some public officials went on the record making homophobic remarks and condoning violence against LGBTI people.

Meanwhile, on Thursday in neighbouring Georgia, police in the capital Tbilisi did little to prevent an Orthodox Christian group from obstructing a peaceful march by an LGBTI organization to mark the International Day against Homophobia.

“The virulent nature of these recent attacks shows the need for a public dialogue to tackle homophobia throughout the South Caucasus to protect LGBTI people from discrimination,” said John Dalhuisen, Europe and Central Asia Programme Director at Amnesty International.

Yerevan firebomb

On 8 May, self-described “fascists” were caught on tape by a security camera as they threw Molotov cocktails through the windows of a gay-friendly bar in downtown Yerevan.

Police reportedly arrived at the scene 12 hours later to investigate the arson attack.

Two young men were arrested as part of the investigation, but were bailed shortly afterwards by two opposition parliamentarians from the nationalist Armenian Revolutionary Federation - Dashnaktsutyun party (ARF), who condoned the attack, saying it was in line with "the context of societal and national ideology”.

ARF leaders have distanced themselves from the bailout, saying that the parliamentarians acted in their personal capacity, but they have fallen short of publicly calling on their colleagues to apologize for supporting the alleged hate crime.

Eduard Sharmazanov, spokesperson for Armenia’s ruling Republican Party and Parliament Vice Speaker told Hayots Ashkharh newspaper Thursday that, “As an Armenian citizen and member of [the ruling] national-conservative party, I find the rebellion of the two young Armenian people against the homosexuals … completely right and justified…Those human rights defenders, who are trying to earn cheap dividends from this incident, I urge them first and foremost to protect the national and universal values.”

Amnesty International believes this type of official discourse is dangerous, fuels discrimination and undermines the role of human rights defenders.

“The official response to the firebombing in Yerevan is utterly shocking – protecting the human rights of LGBTI people is not a concession, but an obligation under international law that Armenia is a party to,” said Dalhuisen.

Homophobia and Transphobia in Tbilisi

On Thursday, a peaceful march in central Tbilisi marking the International Day against Homophobia and Transphobia came under attack when a group of Orthodox Christians and members of the “Orthodox Parents’ Union” began insulting and threatening protesters from IDENTOBA, a Georgian LGBTI rights organization.

Orthodox priests were among the counter-demonstrators, who prevented the marchers from continuing to the Georgian Parliament, shouting abuse and throwing punches at the peaceful protesters. Fighting reportedly broke out as the counter-demonstrators attacked marchers, tearing up placards.

A video of the incident shows police intervening once a scuffle broke out between the two groups. Five people were detained – including three of the IDENTOBA protesters – and were released shortly afterwards.

“A hallmark of a tolerant society is allowing peaceful protests to proceed and stopping discrimination in its tracks,” said Dalhuisen.

Public authorities must respect the freedom of expression of all groups without discrimination. This extends to protecting peaceful demonstrators from violent attacks.

“Police in Tbilisi failed to prevent homophobic and transphobic violence from marring the International Day against Homophobia march – they must now investigate what went wrong and implement measures to improve their policing of peaceful demonstrations in future,” Dalhuisen added.

Concerns in Baku ahead of Eurovision

LGBTI groups in the neighbouring South Caucasus country of Azerbaijan have also raised concerns about the safety of LGBTI participants in the upcoming Eurovision song contest, which will take place in the capital Baku from 22-26 May.

Azerbaijan decriminalized same-sex relations in 2001, but has so far failed to enact laws that specifically ban discrimination based on sexual orientation and gender identity and provide effective protection to LGBTI people. Homophobia and transphobia remain rife and little progress has been made to change public attitudes and the discriminatory practices against LGBTI people.