August 17, 2011

Interview with the president of PINK Armenia

Original post at the Neutral Zone

- Dear Mamikon, what is the overall situation with the LGBT community in Armenia today? What are the key challenges of the community?

People in Armenia still live with taboos and stereotypes and in many cases they mix tradition, religion, customs, habits and reality. In the past LGBT people were hiding because of intolerance, hate and ignorance, and the society thinks that we didn’t have gays at all and that this is something modern and European. In general, today people call whatever they don’t like ‘a European value’, for example gender equality, women’s role in the government and so on, but let me bring an example. What was Europe doing when at the beginning of the 20th century Armenia had women in the parliament and women diplomats? So human rights protection is a universal value and it belongs to Armenia as well.

LGBT still live with a fear and most of them are in closets. The majority doesn’t know anything about sexual orientation and gender identity, even they think that “having a different sexual orientation is immoral,” Neo-Nazi groups even say that heterosexuality is also immoral. These things show that the lack of education and knowledge makes people aggressive and they start to oppose anything they do not understand.

- What are the attitudes: in the society, families, workplace, media toward LGBT? Any changes in this respect in the last 5-10 years?

Our research on LGBT rights and violations in 2010 says that discrimination mainly starts in families and goes wider to schools, workplace, healthcare services, actually everywhere. The media usually promotes hate toward the LGBT community and we don’t have any laws to stop hate speech. Nowadays it is possible to find a few tolerant electronic media or newspapers, but the majority is homophobe, especially TV.

For example “Iravunk” daily often promotes hate crime and they present it as freedom of speech but actually freedom of speech and human rights violation are two different things and in civil and developed counties hate promoters are punished by law. On TV they use the theme of homosexuality for jokes, teasing it as an abnormal and immoral behavior. During the last 5-10 years LGBT people became more or less visible and LGBT issues are on the top of the discussion list. Whether the reaction of the society is positive or negative, the visibility of LGBT issues brings small changes.

-What is the relationship between the law and the LGBT community? Is the law discriminatory or does it protect the LGBT rights?

Homosexuality was decriminalized in 2003 but we don’t have any laws to protect LGBT people, to prevent violence, discrimination or hate speech. There aren’t any anti-discrimination laws in Armenia.

-Are there cases of violence against the LGBT community?

There are many cases of violence against the LGBT community, but mainly they are not registered as violence against LGBT or those cases are not registered at all. Cases of violence can be found everywhere, but for the most part they take place in schools, healthcare sector, police stations and army.

-Are there any positive developments?

The latest positive development was the Ombudsman’s cooperation with PINK, when we signed the Memorandum of Understanding and he announced that he and his team are ready to protect the rights of all people in Armenia and cooperate with human rights organizations. Another positive development is the existence of tolerant journalists and a few newspapers that cover LGBT issues.

The existence of networks and coalitions that support human rights brings positive changes into the society. One drop in the lake is not a big deal but later those drops will make a river and it will run to the lake.

- Is there anything else that you would like to add?

The Armenian Church, as they say, should be tolerant, spread peace and respect, but they are one of the main institutions that spread hate and intolerance against LGBT people. The topics they touch or present always come back to homosexuality and start to blame. In a recent case we had in Armenia, when the representatives of religious minorities and the Armenian Church had a conflict, during the press conference the priest talked about that conflict and religious minorities for a couple of minutes and then the whole press conference was related to homosexuality. On the other hand, it was the journalists who provoked the priest asking irrelevant questions, but the priest replied to their questions with pleasure blaming gays.

In Armenia, people still don’t know all the terms regarding LGBT issues. Many Armenians even think that gays are those who wear dresses, have make-up and behave like girls. As I mentioned, the lack of knowledge and information doesn’t let them to recognize the difference between gay/lesbian, bisexual and transgender people.

By Phil Gamaghelyan

July 20, 2011

Armenia lifts travel ban for people living with HIV

The first achievement was amendment of the Law on Preventing the Disease Caused by the Human Immunodeficiency Virus based on UNAIDS HQ comments and recommendations. The Amendments of the Law (adopted 19 March 2009, ratified 6 April 2009) repealed earlier provisions restricting stay and residence of people living with HIV. However, according to the Law on Foreigners (Article 8/d), the entry, stay and residence of people with an infectious disease that threatens public health was prohibited, and HIV was included on a list of seven “infectious diseases” (Government Decree N49, 25 January 2008).

To fully rescind travel restrictions related to HIV, UNAIDS Armenia continued working with the National Assembly, Ministry of Health, and Migration department on revision of AIDS related sub-legislation. As a result of joint efforts the Decree N49 was reviewed and HIV was excluded from the list of seven “infectious diseases” that threatens public health during the Government session on 30 June 2011 (ref: Gov decree N896 – Ն, dated 30 June, 2011).

Naira Sargsyan, MD, MPH
Social Mobilization and Partnership Adviser
UNAIDS Armenia


In this regard UNAIDS posted a Press statement

GENEVA, 15 July 2011—The Joint United Nations Programme on HIV/AIDS (UNAIDS) commends the decision by the Government of Armenia to lift its travel restrictions for people living with HIV. The reforms—which took effect yesterday—align the country’s legislation with international public health standards.

Restrictions that limit an individual’s movement based solely on HIV-positive status are discriminatory and violate human rights. There is no evidence that such restrictions protect public health or prevent HIV transmission. Furthermore, HIV-related travel restrictions have no economic justification, as people living with HIV can lead long and productive working lives.

“I welcome Armenia’s decision to lift its HIV-related travel restrictions,” said UNAIDS Executive Director Michel Sidibé. “I urge other countries to follow Armenia’s example and take the necessary steps to remove punitive laws and practices as a matter of priority,” he added.

With the removal of Armenia’s travel restrictions, UNAIDS counts 48 countries, territories, and areas that continue to impose some form of restriction on the entry, stay and residence of people living with HIV based on HIV status. Five countries deny visas even for short-term stays and 22 countries deport individuals once their HIV-positive status is discovered.

July 15, 2011

Homophobic and transphobic violence must be stopped

A few weeks ago, a peaceful Pride demonstration in Split, Croatia, was brutally attacked by thousands of hooligans, wounding over a dozen people. The counter-demonstrators by far outnumbered the police officers and Pride participants. The police did not fully succeed in protecting the demonstrators, who simply wanted to raise awareness about the situation of lesbian, gay, bisexual and transgender (LGBT) persons. These events unfolded after weeks of hate speech, threats, graffiti, flyers and social media inciting to hatred.

This is not the first time a manifestation against homophobia and transphobia has suffered assaults and threats from extremists.

In 2010 in Belgrade, Serbia, the police made heroic efforts to protect the first ever Belgrade Pride, but around 150 persons were injured during the confrontations, most of them police officers. Again, the counter-demonstrators outnumbered by far those marching in favour of LGBT rights.

In Vilnius, Lithuania, in 2010, the authorities had to mobilise a large police contingent to shield the Baltic Pride March from violent attackers.

There is a growing awareness among local authorities that peaceful Pride events must be allowed and protected; LGBT persons have the same rights as others to freedom of assembly and expression. This acknowledgement is of course positive.

The continued need for massive police protection however is very negative. It is high time for European politicians to seriously tackle the phenomena of homophobia and transphobia and their root causes. The first step is to recognise that the problem is serious and that systematic action is needed to promote awareness on all levels in society. Then there is an urgent need to counter all tendencies of discrimination against this group of people - also in official human rights and equality policies.

In the past five years I have monitored the implementation of human rights for LGBT persons in the 47 member states of the Council of Europe. The result was recently published in a report: Discrimination on grounds of sexual orientation and gender identity in Europe.

The report lists a number of obstacles to the full enjoyment of their universal human rights. It shows, for example, that homophobic and transphobic harassment in the workplace and bullying of LGBT persons in schools is common in practically all member states. The official registration of LGBT organisations was obstructed or refused in five countries in Europe, and attempts to criminalise “propaganda or promotion of homosexuality” were identified in three member states.

There has been little response to national studies and reports which flag that a disproportionate number of young LGBT persons see no other way out than committing suicide due to the non acceptance of their sexual orientation or gender identity by their peers and families. Very few countries recognise homophobic or transphobic violence in their hate crime legislation.

Transgender persons face particularly severe human rights problems in almost all areas of life. If they want their preferred gender to be legally recognised, in 29 member states they face a legal requirement to undergo gender reassignment surgery, leading to infertility. Some 15 member states even require the transgender person to be unmarried in order to obtain recognition, which entails mandatory divorce if the person is already married.

Too often politicians and policy makers ignore the human rights of LGBT persons when designing policies or drafting legislation. There are disturbing examples of debates in national parliaments which are characterised by a high level of prejudice, bias and outdated information, including claims that homosexuality is an illness

Governments need to pursue legislative reforms and social change to enable LGBT persons to fully enjoy universally recognised human rights. National and international monitoring, including by Equality Bodies and Ombudsman Offices, is needed to measure progress.

Change is only possible if European countries show more genuine political will to address this problem with much more determination than has so far been demonstrated.

Thomas Hammarberg
Council of Europe Commissioner for Human Rights

June 23, 2011

Council of Europe launched its first and the comprehensive European study on the human rights situation of lesbian, gay, bisexual and trans people to date

Today, the Council of Europe launched its social-legal report on discrimination on the grounds of sexual orientation and gender identity. This is the first ever report covering all 47 member states of the Council of Europe on a range of human rights issues that are pertinent to lesbian, gay, bisexual and trans (LGBT) people.

ILGA-Europe warmly welcomes this significant report which not only maps the legal situation but also highlights the social attitudes and opinions about LGBT people: while there is certain progress in some countries, others continue discrimination and violation of basic human rights of LGBT people.

When it comes to social attitudes, the report clearly demonstrates that LGBT people continue to be subjected to homophobia and transphobia in their everyday lives in all Council of Europe member states and those attitudes are being based on ‘outdated and incorrect information’ about sexual orientation, gender identity and gender .

The report contains a number of specific recommendations to the Council of Europe member states on how to end discrimination and ensure full equality for LGBT people. It also provides a number of recommendations on non-legislative measures such as state education programmes aiming to increase awareness and understanding of various sexual orientations and gender identities and therefore promote improvement of the social attitudes based on facts and objective information.

Martin K.I. Christensen, Co-Chair of ILGA-Europe’s Executive Board, said:
“This is a very important document which looks at the issues of equality and human rights of LGBT people from different angles and provides clear recommendations and suggestions to the Council of Europe member states. There is clear and urgent need to improve legislation to achieve full equality and respect for human rights. The legislation also needs to be supported by proper implementation plans and mechanisms to give its full and practical meaning. The report also looks at the issues of political will, social attitudes and current European consensus and again, provides a range of specific suggestions how the situation can be improved.

We hope that this report along with the Council of Europe’s Committee of Ministers Recommendations adopted in March and a number of the judgements by the European Court of Human Rights, will provide European countries with a solid road map towards full equality and respect of LGBT people’s human rights. We believe there is sufficient European consensus and legal foundation for such improvement, all is required to fill the existing gaps is a political will of the national governments to bring their countries in line with the expected European standard.”

June 21, 2011

They leave behind their lives to crawl toward the future

Where have I come from? Where shall I go? Where is the place you await me to come to? Or isn't there anybody waiting for me?

People around the world leave their motherland, leave the places where they grew up and used to live. They leave it for professional or personal reasons in some cases but the main factors can be war, hate, discrimination, nazism, intolerance, frustration, stress, ignorance, aggression. The main thought which remains in your mind is to run away, to disappear and to save your soul... or to stay and to struggle and even to die.
World, you cut and paste, you drag and drop refugees all around you!
Anahit Hayrapetyan
One may become a refugee, because he can’t live on the land which was occupied after a war or a genocide.
The other one flees, because political views and activism can cause a danger.
And you are a refugee now, because your characteristic features are not acceptable for the compatriots.

Hundreds of thousands of Armenian refugees crossed the border and never came back, they went to find their freedom under the shadows of western democracy that Armenia could never insure. Among them were those whose feelings and emotions were not accepted by the majority, their sexual orientation and gender identity were not considered as traditional, their life became endangered in their own homeland, and peace was somewhere far away. Those people are gay, lesbian, bisexual, trans, intersex and queer; those people are considered as strangers on their own land.
The refugees that flee, they leave behind their lives to crawl toward the future.
Anahit Hayrapetyan
photo by Karen Mirzoyan, 2008
(photo is cropped)
When you left me alone to find your freedom, you took my heart with you, you put it in your baggage next to your scarfs and shirts, you left and never came back to see me, you cried but never showed your tears, you just gave me the last kiss to live with and I feel it on my lips even today. Then we realized that happiness was not here and not there, it was with us when we were together. You are a refugee in a foreign society but I feel as a refugee even in my own land, because they always say: “This is not your country”. Neither here nor there, where do I belong and where do you belong?

Iranians escape to Armenia, Armenians escape to Russia, Russians escape to Europe and it goes on and on.

But we are here we are queer and this is our world, too!


Director: George Barbakadze
Writers: George Barbakadze, Fleurtasha Cooper