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The new penal code of the Republic of Albania, which should enter into
force shortly, foresees punitive sanctions only for sexual relations
with minors and for sex involving violence. Article 137 of the old
Penal Code promulgated under the communist dictatorship, which foresaw
up to ten years of prison for simply "being homosexual" has thus been
done away with completely.
Much credit in bringing about this historic change goes to the Gay
Albania Society formed illegally by a courageous group of young
Albanians on 29 March 1994. With the able and decisive assistance of
the co-ordinating office for Eastern Europe at the International
Lesbian and Gay Association (ILGA) in Brussels and of a small number
of gay activists abroad, the very first Albanian gay group was able to
create an awareness among Albanian parliamentarians, and to extent
among the public at large that the persecution of homosexuals is not
compatible with a modern democratic society and government.
Much remains to be done in promoting equality, in combatting
widespread homophobia and ignorance in Albanian society, and in
preventing the spread of AlDS, but the struggle can now be carried out
legally. Albania is coming out!
On this historic occasion, the Gay Albania Society sends its warm and
enthusiastic greetings to Gays and Lesbians around the world. The
group does need further support from more developed countries. If you
can assist in any way, please contact Geneor Ilir at: P.O. Box 104
Tirana, Albania
This means another victory in Europe! The Cyprus government has by the
bill followed the judgement of the European Court of Human Rights in
the Modinos case.
Congratulations to Cyprus - and to Alexander Modinos!
The tasks of this working party was set out at the European regional
meeting of ILGA in Copenhagen december 1990:
a. Lobbying in relation to the proposed protocol to The European
Convention of Human Rights and NGO status for ILGA in relation
to the Council of Europe.
The EU Working Party consists of the following groups: CG-L Spain,
SETA Finland, SVD Germany, GLEN Ireland, Homostudies The Netherlands,
UNISON UK, COC The Netherlands, RFSL Sweden, LLH Norway, Rechtskomitee
Lambda Austria, HOSI Wien Austria, ILGA Administrative Office,
Stonewall Group UK, LBL Denmark (coordinator).
The guidelines for ILGAs work towards the EC was passed at the
Helsinki European conference 1994 and constitutes the mandate of the
working party:
ILGA should take an active and coordinating role in promoting lesbian
and gay rights within the policies of the European Union. ILGA should
influence the institutions of the European Union in order to gain full
equality for lesbians and gays in the European Union as well as in all
member states.
ILGA should work for the inclusion of an anti discrimination clause
covering sexual orientation in a new or revised treaty, in accordance
with the European Parliament resolution of 1994 (Roth report)
ILGA should work for the redefinition of the term 'legal spouse' to
include homosexual relationships with or without registered
partnerships.
ILGA should work for the inclusion of gays, lesbians and their
children in the concept of family, including the right to family
life. Furthermore ILGA should work for - recognition of same sex
partnerships - abolishing of discriminatory provisions in the
partnerships laws - adoption possibilities for gays, lesbians and same
sex couples - the right to artificial insemination for lesbians - the
right to joint custody and authority for same sex parents.
ILGA should work for the adoption of EU measures to effectively combat
sexual orientation based discrimination, notably in the field of
employment.
Re. The Venice Commission's work in the new democracies of
Central and Eastern Europe and the decriminalisation of homosexuality
The European Court of Human Rights has ruled on three occasions
(Dudgeon vs. United Kingdom, 1981; Norris vs. Ireland, 1988; and
Modinos vs. Cyprus, 1993) that a Criminal Code provision for a total
ban on homosexuality (e. g., even between consenting adults in
private) is a violation of the right to privacy as guaranteed by
Article 8 of the European convention of Human Rights.
These rulings are in perfect harmony with the March 1994 decision of
the United Nations Human Rights Committee in the case Toonen vs.
Australia, ruling that the rights of lesbians and gay men to privacy
and equality were guaranteed by the provisions of the International
Covenant on Civil and Political Rights. The Committee noted that the
reference to "sex" in articles 2 and 26 of the covenant is to be taken
as including sexual orientation.
Another recent landmark achievement was the adoption of the Resolution
on equal rights for homosexuals and lesbians in the EC by the European
Parliament in February 1994. In this Resolution, the EP calls on the
Member states to repeal all anti-homosexual legal provisions and to
end any discrimination on the basis of sexual orientation. A similar
resolution (Recommendation 924/1981) was passed by the Parliamentary
Assembly of the Council of Europe as early as in October 1981.
The Report of the Warsaw 1993 Implementation Meeting on Human
Dimension Issues of the Conference on Security and Cooperation in
Europe states that CSCE commitments in the area of nondiscrimination
cover homosexuals as well.
Thus, all relevant European and international human rights platforms
such as the Council of Europe, the United Nations, the European
Parliament, and the OSCE are in unison that discrimination based on
sexual orientation is a clear breach of fundamental human rights.
We, therefore, were puzzled when both Lithuania and Romania were
admitted to the Council of Europe in 1993 although the penal codes of
these countries still provided for a total ban on homosexuality which
the European court of Human Rights, as mentioned above, has qualified
as a breach of the convention on three occasions. While Lithuania
repealed the total ban only two months after admission to the council
of Europe, the RomanianParliament has performed a law reform grotesque
around this issue in the past one and a half years which caused
enormous embarrassment both for Romania and the Council of Europe.
We were equally surprised when we learned about the law reform plans
of another candidate for membership in the Council of Europe, Albania,
in June 1994. The proposed draft for a new penal code provided only
for a reduction of the punishment for homosexual acts but no repeal of
the total ban! Our irritation increased when we learned that the
European Commission for Democracy through Thaw assisted, among other
countries, both Romania and Albania in drafting their new
constitutions. How is it that these two countries did not reform the
provisions against homosexuality despite the assistance and the advice
of the experts of the Venice Commission?
Due to these circumstances, we have to assume that the Commission did
not put enough emphasis on this human rights aspect, maybe because the
Commission considered decriminalisation of homosexuality to be of
minor importance in the huge task of creating democratic structures in
the countries of Central and Eastern Europe. However, we strongly feel
that human rights are not only inalienable but also indivisible. For
us, there is no hierarchy and no priority in the realisation of the
enjoyment of full human rights.
We, therefore, appeal to the European Commission for Democracy through
Law not to neglect the aspect of the human rights for lesbians and gay
men in its further work with the new democracies.To our knowledge, a
total ban on homosexuality still exists in the following countries:
Albania, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina,
Georgia, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan, and
Uzbekistan. We urge the Venice Commission to stress the council of
Europe's human rights standards set forth in the field of
homosexuality by the European Court and the Parliamentary Assembly and
to make it clear whenever dealing with one of these countries that
discrimination based on sexual orientation can in no way be tolerated.
We look forward to your reply and remain,
Dear Sir
I acknowledge receipt of your letter dated 25 January 1995.
In reply I should inform you of the following:
The European Commission for Democracy through Law is a consultative
body of the Council of Europe on matters on constitutional law. The
Commission has co-operated with many member and non-member States of
the Council of Europe, mainly in the field of constitutional reforms,
constitutional justice,, local democracy and electoral laws.
The Commission has attached most importance to constitutional
guarantees for human rights and, in particular, to public rights and
freedoms that involves the participation of citizens in the life of
democratic institutions.
As regards the Commission's cooperation with Romania, may I draw your
attention to Article 26 of the 1991 Constitution which guarantees,
inter alia, the right to respect for privacy and the right to freely
dispose of oneself.
In Albania, the constitutional Law of 29 April 1991 on Principal
Constitutional Provisions guarantees in its Article 15 the right to
private life. Moreover, the process of constitutional reform in
Albania is not yet complete.
Since the matter of penal law does not fall within the scope of the
primary competencies of the Venice Commission, the Commission has
never been requested to examine the provisions of domestic criminal
legislation.
Certain Council of Europe co-operation programmes with Central and
East European countries do nonetheless provide for assistance in the
drafting of criminal laws. I have therefore transmitted a copy of your
letter to the Directors of Human Rights and of Legal Affairs.
Yours faithfully
G. BuquicchioVictory in Albania
On 20 January 1995 the Albanian Parliament finally legalized
homosexual relations in Albania. Law reform in Cyprus
According to the French news agency the Cyprus government has
submitted a bill to decriminalise homosexual acts between consenting
adults in private, to the parliament. Update on ILGAs lobbying towards the European Institutions and the
mandates of the two working parties
The Council of Europe/OSCE working party consists of the following
groups: LGLF Cologne Germany, HOSI Wien Austria, COC The Netherlands,
Stonewall Group UK, Rechtskomitee Lambda Austria, RFSL Sweden, LLH
Norway, SETA Finland, Pink Cross Switzerland, IGLHRC USA, LBL Denmark
(Coordinator).
b. Influencing the CoE so that the council will also consider
lesbian and gay rights when assessing whether countries in
central and eastern Europe can join CoE.
c. Trying to get gay and lesbian rights recognised as a part of the
human dimension of the CSCE-process.
Letter to the Venice Commission of The Council of Europe
The following letter has been sent to the so called Venice Commission:
Dear Mr. Buquicchio,
Answer from the Venice Commission
sincerely yours,
Steffen Jensen
Strasbourg, 3. February 1995
Secretary of the Commission
Rapporteur: Mr MASSERET, France, Socialist Group
Summary
All member states of the Council of Europe are required to respect their obligations under the Statute, the European Convention on Human Rights, and all other conventions to which they are parties.
In addition to these obligations, certain member states freely entered into specific commitments during the examination of their request for membership by the Assembly. In Order No. 488 (1993), the Assembly instructed its Political Affairs Committee and its Committee on Legal Affairs and Human Rights to monitor closely the honouring of these commitments.
The Assembly considers that this monitoring process should be regarded as a stimulus and guidance for the consolidation of democracy in the new member states. However, persistent failure to honour commitments freely entered into will have consequences. Therefore, the Assembly calls upon the governments of new member states to ensure the rapid implementation of the commitments entered into when they joined the Council of Europe.
Explanatory memorandum
1. On 29 June 1993 the Assembly adopted Order No. 488 (1993) instructing "its Political Affairs Committee and Committee on Legal Affairs and Human Rights to monitor closely the honouring of commitments entered into by the authorities of new member states and report to the Bureau at regular six-monthly intervals until all undertakings have been honoured".
2. In the lame order the Assembly expressed the view that the honouring of these commitments is a condition for full participation of parliamentary delegations of new member states in its work".
3. At a meeting on 2 July 1993 the Bureau of the Assembly stated that Order No. 488 applied to states having joined the Council of Europe since the creation of the special guest status by the Assembly on 11 May 1989 (Resolution 917(1989)). A list of the states concerned is appended hereto, together with the main commitments entered into by these states, as contained in the opinions adopted by the Assembly Other commitments are set out in the reports which led to the opinions.
4. To carry out Order No. 488 (1993), Mr Reddemann, the Chairman of the Political Affairs Committee, proposed that the two committees involved set up ad hoc sub committees composed of the chairmen concerned and the parliamentarians who had reported on the membership applications. Joint meetings and joint decisions were also suggested by Mr Reddemann. This proposal was justified in the light of Resolution 1015 (1993) on joint meetings of Assembly committees or sub-committees.
5. However, the two committees concerned considered Order No. 488 separately:
6. A procedure needs to be decided on that will enable the Assembly to be informed in compliance with its order of 29 June 1993.
In this regard a choice lies between two possibilities:
7. Following a careful examination of the situation, taking into account the precedents, which had shown the difficulties of the joint procedure, and in an effort to achieve efficiency and clarity, the final proposal put forward is that:
The two committees' work schedules are co-ordinated.
8. Apart important to be clear about the aim of Order No. 488 so that there should be no ambiguity concerning the use to be made of it.
9. A just application of Order No 488 requires the spirit underlying it to be respected. Confronted with a new political situation in central and eastern Europe, our Assembly wishes to reconcile the need to offer the "new democracies" a political perspective rapidly with the difficulties experienced by them in advancing from the dictatorship stage, with all its cultural and social effects, to the stage of pluralist democracy, not to mention the social difficulties.
10. Order No. 488 essentially lays down a monitoring procedure which consolidates, strengthen and speeds up the steps which the states concerned have to take in the direction set by our Assembly. It is also intended to provide a stimulus; the new member states have actually entered quite freely and advisedly into the commitments they should now implement. The conditions and time-limits are a matter for the appraisal of tile Assembly and Our Committee: that Is the purpose of the report awaited.
11. A different interpretation of Order No. 488 (1993) could give the impression that our Assembly has come up with a new type of status, that of conditional member state.
12. In order to help the new member states to steer clear of the dangerous pitfalls road to democracy, the Assembly is resolved to ensure, taking a line, that Order No. 488 (1993) is complied with. Any persistent commitments freely entered into would be penalised.
The European Commission on Human Rights in Strasbourg January 18 accepted the case of three gay British men who were jailed for having consensual sadomasochistic sex.
The arrests were part of British police's infamous "Operation Spanner" in which 16 men were charged with assault in 1990 as a result of SM sex play in their own homes.
They were sentenced to up to four-and-a-half years in prison. The sentences were reduced on appeal.
British courts said consent is not a defense in sex acts where bodily harm is committed. The European Commission disagreed.
The commission will try to settle the case directly with the British government. If that fails, it will go to the commission's committee of ministers or the European Court of Human Rights.
"The European Court has recognized that the individual in Britain has a right to privacy with respect to their sexual lives," one of the men, Roland Jaggard, 47, told Reuters. The other defendants are Tony Brown, 58, and Colin Laskey, 52.
Situation of human rights for gay men and lesbians
1) How does the government consider the human rights situation for gays and lesbians and which measures will it take to improve it?
The government endeavors to avoid or fight all forms of discrimination.
2) Would the government encourage the parliament to discuss the issue or would it integrate the issue in general statements in the future?
The government has always dutifully replied to inquiries relating to this issue. It does not see any need for the above.
3) Does the government know in what countries gays and lesbians are persecuted or harassed?
We know that homosexual acts are prohibited and the laws are enforced in several countries. As we do not have sufficient information on that, countries will not be named.
4) What measures will the government take in future to improve the situation ?
We put pressure on the countries to adhere to national or international commitments. This is done either via the UN or the EU
5) Does the government support the recognition of ILGA as NGO at the UN?
Because of ILGA's alleged support or tolerance of paedophilia the status was suspended. The Committee on NGOs, where Germany is not represented, will now investigate this issue.
7) Does the government support ILGA's efforts to stipulate the rights of gas and lesbians in CSCE documents?
Several CSCE documents stipulate human rights and fundamental freedoms which are to be enjoyed by anyone without discrimination.
8) How does the government consider the proposal to include an antidiscrimination paragraph for gas and lesbians in the European Convention on Human R ights?
Because of the anti-discrimination provision in Article 14 we consider such an inclusion as unnecessary.
9) What role played the human rights situation for gays and lesbians during the admission process of new members to the Council of Europe?
Applying countries must fulfil the following requirements:
Rule of law, observance of human rights and fundamental freedoms. After admission, the new members should ratify the Convention asap so that their citizens can lodge complaints at the European Commission for Human Rights.
10) Which member countries persecute homosexual adults?
Romania and Albania,
11) What follows from this for the government?
At the Vienna CoE summit in 1993 an Action Plan against racism, xenophobia, anti-semitism and intolerance was agreed. The government will continue to fight intolerance.
| President: M.GOTLEV, Vassil | Bulgaria |
| M.AMARAL, Fernando | Portugal |
| M.BOBELIS, Kazs J. | Lithuania |
| M.BUCHLER, Hans | Germany |
| M.COLOMBIER, George | France |
| M.FASSINO, Piero | Italy |
| M.KORAHAIS, Vassilios | Greece |
| M.LAAKSO, Isako | Finland |
| M.MASSERET, Jean-Pierre | France |
| M.ROMAN, Rafael | Spain |
| M.SEEUWS, Willy | Belgium |
| Mrs.RAGNARDOTTIR, Lara Margret (ex officio) | Iceland |
| President: Mme MIEG-SCHALLER, Catherine | Switzerland |
| M. BORRAS, Manuel | France |
| Mme DURRER, Maryse | France |
| MM.GERARD, Jacques | France |
| GICQUEL, Jean-Bernard | France |
| LE MOINE, Pierre | France |
| Past. MERMINOD, Gerard | France |
| Mlle PAILLUSSON, Marie-Therese | France |
| Mme RALL, Marichu | France |
| President: M. BUGLI, Pierre | San Marino |
| Vice-President: M. MANESCU, Miron | Romania |
| M. COX, Thomas | United Kingdom |
| M. MARQUES, Joaquim | Portugal |
| M. REDMOND, Martin | United Kingdom |
| M. STEINER, Heinz-Alfred | Germany |
| Sir SPEED, Keith (ex officio) | United Kingdom |
| President: Mme HALLER, Gret | Switzerland |
| Vice-President: M. VOGEL, Friedrich | Germany |
| M. AMARAL, Fernando | Portugal |
| M. COLUMBERG, Dumeni | Switzerland |
| M. FRUNDA, Gheorghe | Romania |
| M. GODMAN, Norman | United Kingdom |
| M. HAG]RD, Birger | Sweden |
| M. JANSSON, Gunnar | Finland |
| M. JASKIERNIA, Jerzy | Poland |
| M. JAMBRUIN, Pierre | France |
| Mrs LENTZ-CORNETTE, Marcelle | Luxembourg |
| M. LOPEZ, Henares | Spain |
| M. RODEGHIERO, Flavio | Italy |
| Sir SMITH, Dudley | United Kingdom |
| Mrs WOHLWEND, Renate | Liechenstein |
| Lord KIRKHILL (ex officio) | United Kingdom |
| M. AMARAL, Fernando | Portugal |
| M. DEASY, Austin | Ireland |
| M. ERR, Lydie | Luxembourg |
| M. FICO, Robert | Slovakia |
| M. FRANCK, Hans Goran | Sweden |
| M. GODMAN, Norman | United Kingdom |
| Mme HALLER, Gret | Switzerland |
| M. JANSSON, Gunnar | Finland |
| M. JAMBRUIN, Pierre | France |
| M. KEMPINAIRE, Andre | Belgium |
| M. KUKK, Tonu Reid | Estonia |
| M. RATHBONE, Tim | United Kingdom |
| Sir SMITH, Dudley | United Kingdom |
| Mrs SOUTENDIJK Van APPELDOORN | The Netherlands |
| Lord KIRKHILL (ex officio) | United Kingdom |
Under the new Union Treaty the European Parliament will have a considerable say in the final decisions.
The Committee on the Environment, Public Health and Consumer Protection, chaired by Ken Collins (UK, Lab) decided in december to have Mr.Noel MAMERE, (FR, Alliance Radicale Europeen/Generation Ecologique) as its rapporteur.
Mr. MAMERE is working on a first draft now that will be presented for a first reading in Committee in the coming weeks. The proposal of the European Commission proposes a total budget for the period 1 9951999 of 49.6 million ecu. with the following sub headings:
| HIV/AIDS and other communicable diseases Collection of epidemiological data, establishment of networks | 1.4 m |
| Specific prevention measures (vaccination, safety of blood and blood products) | 11,5 m |
| Information and awareness raising for general public and target groups | 2,7 m |
| Training and promotion of human resources | 8,7 m |
| HIV/AIDS Measures for children and young people | 7.0 m |
| Health and social support and assistance | 9.1 m |
| Measures to combat discrimination | 2.3 m |
| Other Communicable Diseases Early detection and systematic screening | 6.9 m |
In the proposed text by the Commission the action programm is rather concrete and with some additions and clarifications it look like rather acceptable. Mr. MAMERE is interested in getting comments and suggestions.He may be contacted through Mr. Francois Rigoud, collaborator for environmental and health questions of the ARE group in the EP.+ 32 2 2 842836.
Hein Verkerk is also interested in comments and suggestions.
The copies of the relevant Registration Forms an enclosed and the participating States are kindly requested to notify the ODIHR about their participation in the Seminar at their earliest convenience.
Further information on preparation and details about technical arrangements for the Seminar's participants will be provided soon.
The ODIHR would appreciate very much If the information regarding this OSCE Seminar could be distributed as widely as possible among interested relevant institutions, non-governmental organizations and media in the participating States.
The OSCE Office for Democratic Institutions and Human Rights avails itself of this opportunity to renew to the Representatives of the participating States the assurances of its highest consideration.
Warsaw, 17 January 1995
I. AGENDA
1. Opening of the Seminar by the Director of the ODIHR.
2. Keynote speech.
3. Discussion on building blocks for civic society; freedom of
association and NGO's, including: right to association and its
administrative, legal and financial aspects; and how to build
successful programmes that attract public support and influence
governments.
4. Summing up and closure of the Seminar.
II. TIMETABLE AND OTHER ORGANIZATIONAL MODALITIES
1. The Seminar will open on Tuesday, 4 April 1993 at 10.00 a.m in
Warsaw. It will close on Friday, 7 April 1995.
2. All Plenaries and the Discussion Groups will be open.
3. Agenda items 1, 2, 3 and 4 will be dealt with in the Plenary.
In addition, the closing Plenary, scheduled for Friday morning, will focus on practical suggestions for dealing with the
issues and problems raised during the Discussion Groups.
4. Agenda item 3 will be dealt with in the Plenary, as well as in
the two Discussion Groups:
DG1 Right to association: administrative, legal and financial aspects
Topics may include:
Topics may include:
Copyright ILGA,
1995
Copyright Gais et Lesbiennes Branchés,
1995
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