Editors: Steffen Jensen, Ken Thomassen, Peter Bryld and Lisbeth Andersen.
Contact to Euro-Letter:
In this issue:
Next issue: 51
The Action Plan and other documents relating to ILGA-Europe can be found
at ILGA-Europe's
homepage.
An update of the Survey on the Legal Situation for Gays and Lesbians in
Europe and guides to the structure of the European Union, the Council of
Europe and The Organization for Security and Cooperation in Europe can
be found on the home
page of the Gay and Lesbian International Lobby.
CYPRUS
By Steffen Jensen
EuroLetter has earlier reported that the ban on homosexuality in Cyprus has been repealed. Unfortunately this is not true, re. the following three articles.
We are very sorry for having given false information. The survey has been
updated accordingly.
COMMITTEE SENDS GAY RIGHTS BACK TO PARTIES
From Cyprus Mail - Internet edition
THE HOT potato of whether to scrap Cyprus' antiquated anti-homosexuality law is being passed back to the party leaders by the House Legal Affairs Committee. A decision on the bill, which has been pending before the committee for three years, was due yesterday. But at the suggestion of committee chairman Panayiotis Demetriou, deputies agreed the issue was best left to political party leaders. A letter will be sent to House president Spyros Kyprianou asking that leaders decide next week on the issue.
The Council of Europe has repeatedly asked Cyprus to comply with a 1993 decision by the European Court of Human Rights which found the law banning male homosexuality violated the right to privacy. The court decision followed a suit lodged by gay activist Alecos Modinos. The government responded by sending a proposal to legalise homosexuality between consenting adults, and Attorney-general Alecos Markides urged deputies to recognise the fact that Cyprus must abide by the court decision. But in the face of an outcry by the Church and religious organisations, the previous predominantly male House of Representatives opted for the easy route of shelving the issue.
In February, Demetriou warned his colleagues that a crucial
decision by the same court in favour of Kyrenia refugee Titina
Loizidou was at risk because of the failure to scrap the old law.
CYPRUS IN TROUBLE AS GAY RIGHTS DEADLINE APPROACHES
By Charlie Charalambous
CYPRUS could face expulsion from the Council of Europe (CoE) if it doesn't take steps to decriminalise homosexuality.
The CoE has repeatedly asked Cyprus to comply with a 1993 decision by the European Court of Human Rights which found the law banning male homosexuality violated the right to privacy.
Gay activist and architect Alecos Modinos brought the case against the government and won. The government has now been warned it must make progress on the issue by the end of the month or face the consequences.
If no real progress is made, the Ministerial Council will put the Modinos case on its agenda when it meets to discuss human rights issues on April 29.
"The committee of ministers has an obligation to supervise judgements of the court and can theoretically throw Cyprus out or impose political types of sanctions," said lawyer Achilleas Demetriades who represented Modinos.
The House Legal Affairs Committee has failed to agree on a bill which would decriminalise homosexuality, and the strength of feeling among deputies has stalled the process indefinitely.
The issue has been stalled despite appeals from the Attorney-general and the Foreign Ministry that such actions only harm Cyprus' stance against human rights violations by Turkey.
House Legal Affairs Committee chairman Panayiotis Demetriou yesterday conceded that the issue had divided deputies and party leaders because of the "moral issues" involved.
Demetriou also agreed that the delay jeopardised a European Court decision in favour of Kyrenia refugee Titina Loizidou against Turkish violations of her human rights. "We can't avoid harmonising with European law, but there is strong opposition by many deputies who view it as a moral issue," Demetriou said.
Politicians are aware that a decision to scrap the law would incur the wrath of the Church and religious organisations.
"I find it absurd that politicians, in a country like Cyprus which has been suffering immense violations of human rights by Turkey, are not able to understand the need to put their own house in order," said Demetriades, who also represents Loizidou.
With a presidential election looming, it seems unlikely that politicians will bury their strong differences and usher in legislation decriminalising homosexuality within the next two weeks.
"Failure to abide by judgements of the European Court of Human Rights has political costs, and I wonder if Cyprus can afford to take this stand," said Demetriades.
The CoE has told the government it has been given long enough to
comply with the ruling and will not tolerate any further delay.
(Copyright 1997 Cyprus Mail)
CYPRUS: AMNESTY INTERNATIONAL CALLS ON HOUSE OF REPRESENTATIVES
TO DECRIMINALISE CONSENSUAL SEX BETWEEN ADULT MALES IN PRIVATE
Amnesty International called today on all deputies of the Cyprus
House of Representatives to support abolition of the law which
prohibits sex between consenting male adults in private.
In 1993 the European Court of Human Rights held that the law constituted a violation of Article 8 of the European Convention on Human Rights, to which Cyprus is a state party. Article 8 provides that everyone has the right to respect for his private and family life.
Although there have been no recent prosecutions of homosexuals under the law, the European Court took the view that there was no guarantee that action would not be taken by a future Attorney-General to enforce the law. To date no steps have been taken to remove or amend the law in order to comply with the court's ruling.
Amnesty International would regard anyone imprisoned solely for
sex between consenting adults in private as a prisoner of
conscience.
ILGA-EUROPE LETTER TO INTERGOVERNMENTAL CONFERENCE
By Steffen Jensen
The following letter and annex has been sent to all the permanent representatives of the heads of states in the intergovernmental conference discussing a possible new EU treaty.
Member groups in the EU member states has been asked to send similar letters to the representative of their country:
As Personal Representatives of the Heads of State and Government to the Intergovernmental Conference prepare for the forthcoming extraordinary European Council in May, I should like, on behalf of ILGA Europe (The European Region of The International Lesbian and Gay Association) to address the subject of fundamental rights and non-discrimination, based on the text submitted at the Dublin European Council ("Dublin II" Part A: Section 1 - An area of Freedom, Security and Justice) as amended in Addendum 1 to the document CONF/2500/96.
I Background
Several Member States, as well as the European Parliament and the European Commission, have proposed that, in order to reinforce the capacity of the European Union to guarantee fundamental rights for its citizens and, in particular, to ensure that individual citizens are guaranteed freedom from discrimination on grounds of gender, ethnicity, religious belief, sexual orientation, disability or age, the Treaty should contain a legal base for Community legislation in this area, a clearer definition of the principles upon which the Union is founded, as well as a mechanism to ensure that present and future Member States abstain from serious and persistent violations of these principles.We are aware that there has been a debate between Personal Representatives regarding both the means by which legislation may be adopted in this area and "catalogue" of types of discrimination which are to be covered by the provisions of the Treaty.
In particular, we noted with very grave concern the deletion by the Dutch Presidency of the words "disability, age and sexual orientation" from the "Dublin II" draft of Article 6a at one stage during the negotiations, and we are greatly encouraged to see that they have been restored to the text currently under discussion.
II Position of the Government of ....
We are aware that the text (CONF/2500/96: ADD 1) currently under discussion remains open to further amendment. With this in mind, and particularly in view of the apparent disagreement surrounding the section entitled "Fundamental Rights and Non-Discrimination", I should be grateful for information concerning the position of your government on this text. The views of ILGA Europe are set out in the Annex to this letter. Specifically, therefore, I should like to invite you to respond to this submission, with a response to the following questions:I look forward to receiving your response to these questions.
- a) what is the position of the Government of ..... on the texts currently before the Conference, as set out in paragraphs I and II of the annex to this letter?
- b) what is the position of the Government of .... on each the proposals of ILGA Europe set out in paragraph III of the annex to this letter?
b) Mindful of the trend which has become evident during the negotiations for the Conference to weaken these provisions, (name of organisation) urges you to regard these texts as an absolute minimum and to resist any further weakening of them, especially insofar as the "catalogue" of areas of discrimination to be combated (Article 6a TEC) is concerned.
Article F.1 bis "Within the scope of application of the Treaties upon which the Union is founded and without any prejudice to any special provisions contained therein, any discrimination on grounds of sex, race, ethnic origin, religious belief, disability, age or sexual orientation shall be prohibited."Justification
Justification
Justification
"Within the scope of application of this Treaty and without prejudice to any special provisions contained therein, the Council acting in accordance with the procedure referred to in Article 189b (or 189c), shall take the necessary measures to prohibit any discrimination on grounds of sex, race, national or ethnic origin, religious belief, disability, age or sexual orientation."Justification
Two important bills have been introduced and are being rapidly processed through the Irish parliament (The Dail): The Employment Equality Bill and the Equal Status Bill. They are complementary laws, and between them cover equality protection in all aspects of employment, and also in access to goods and services, including accommodation, financial and professional services, education, transport, entertainment and recreation, and cultural activities. When they are enacted both laws will be enforced by a newly-established Equality Authority.
In employment and throughout the specified services, discrimination will be prohibited on the basis of gender, race, religion, age, sexual orientation, marital or family status, disability, or membership of the travelling community. People with HIV/AIDS are covered under the protection of the category of "disability". Harassment is also prohibited throughout the areas covered by the bills.
Both bills are the result of many years of lobbying by, among others, the National Women's Council, the Gay and Lesbian Equality Network (GLEN), the Forum of People with Disabilities, the Irish Travellers Movement, and the Dublin AIDS Alliance. These groups have, since 1990, co-operated together in the Equality Campaign which was initiated by GLEN. The new bills have been introduced by the Minister of Equality arid Law Reform, whose department was founded in 1992 after successful lobbying by the Equality Campaign.
In introducing the Equal Status Bill the Minister, Mervyn Taylor, stated: "The principle of this Bill is simple. It is that we are all equal members of this society, with an equal entitlement to have access to goods and services, to transport, education and housing. We reject any concept of second-class citizenship, or any exclusion of people just because of such things as their sexual orientation, their disability, or colour of their skin."
The introduction of both Bills was very widely welcomed, though the original text in each case contained areas of concern. The Employment Equality Bill, in particular, was seriously flawed in several areas, including the exemption of religious-owned schools and hospitals from any part of the Bill. After much campaigning and negotiations almost all errors have been corrected, and all schools and hospitals are now covered in every category of anti-discrimination. One potential worry remains: An exemption for religious-run institutions to "prevent the undermining of their religious ethos". (Although funded by the State, most Irish schools and hospitals are vested in religious ownership). However. they cannot discriminate against the nominated categories, and any action taken will have to be proved before the Equality Authority.
GLEN Co-Chair, Kieran Rose, described the joint bills, both of
which are expected to became law within weeks, as : "A
formidable advance promising us comprehensive protections on
which we can build to take our full place in Irish society. When
these laws are put alongside the many previous advances, our
legislation now ranks among the world's best."
GAY/LESBIAN CHURCH WEDDING IN DENMARK?
By Steffen Jensen
A committee set up by the Danish bishops has just released its report recommending to the bishops that gay and lesbians partnerships - a civil marriage for two people of the same sex that has been possible in Denmark since 1989 - should have the possibility of some kind of church blessing.
The committee has proposed three different ways
Is it expected that the bishops will allow - but not force - priests to perform a blessing of gay couples in the churches. The rights wing of the Danish Church is upset by this and has threatened to split the church.
The Danish National Organisation for Gays and Lesbians is
considering this an important addendum to the registered
partnership. As Denmark was the first country in the world to
allow civil marriage for gay/lesbian couples it seems that it
also will be the first to create possibilities for official
church blessing.
AUSTRIAN SUPREME COURT MAKES GAYS AND LESBIANS HOMELESS
The City of Vienna accommodates them again
By Roland Rittenau, Rechtkomitee Lambda
Your home is where your heart is - the heart of the Austrian supreme judges is not with the queer community. Severe criticism from the Austrian gay movement was caused by a recent decision of the Austrian supreme court. The court rejected the right of entry into the partner's rent contract for same-sex couples though the Austrian law in this context does not mention the sex of the partners.
This was the outcome of a long case, the supreme court annulled the pro-gay decisions of the lower instances arguing that an equal treatment of heterosexual and homosexual partnerships could not have been the intention of the legislator, so it still considers homosexuality to be a 'dishonourable' behaviour. This decision of last December reflects once more the homophobe tradition of this court of 'justice'.
In times of AIDS the supreme judges put additional burden on gays and lesbians as they may not only loose their beloved but also their home.
Vienna is different
Homophobia in Austria is fortunately contradicted by progressive
regulations in Vienna. The City Government of Vienna generally
grants the right of entry to a l l couples for communal
flats. Being the most important landlord in Austria (240 000
flats) this decision is a remarkable signal for equal rights.
GAY GROUP SEX BAN TO BE CHALLENGED IN EUROPEAN COURT
By Kathy Marks, in "The Independent", 25 April 1997
A homosexual man who was prosecuted for having group sex in his own home is to take the [UK] Government to the European Court of Human Rights.
The man, who does not wish to be identified, was convicted of gross indecency by magistrates a few months ago. The sexual activity on which the case was based took place between five men in their thirties and forties.
The man in question was arrested after police searched his house during an unrelated investigation and seized a home video that he had made for personal consumption.
Under the 1967 legislation that decriminalised homosexuality [in England and Wales], consensual sex between gay men is legal if they are over the "age of consent", now 18, and if it takes place in private.
"Privacy" is defined as there being no more than two men present. Gross indecency covers any unlawful sexual contact between men, and is the classical offence used to prosecute men who have sex in public toilets or parks.
The man, who was in his forties, has lodged an application with the Strasbourg Court, claiming a breach of his right to privacy under Article 8 of the Human Rights Convention. He is also claiming sex discrimination under Article 14 since gross indecency is an offence that applies only to gay men.
Heterosexuals or lesbians can legally have group sex in private. Lawyers believe that the man has a very strong case, and say that a ruling in his favour could force the Government to repeal the 19th century offence of gross indecency.
Ben Emmerson, his barrister, said: "The law will always regulate behaviour that is truly public and is offensive to others." He added that gay men could be prosecuted under the Public Order Act, the law that covered improper conduct in public by heterosexuals or lesbians.
Mr Emmerson said that the case, together with that of Euan Sutherland, another gay man, "spells the end of gross indecency on the statute books."
Mr Sutherland's case, for breach of privacy on the grounds of inequality in the age of consent laws, has already been ruled admissible by the Strasbourg Court.
Anya Palmer, deputy director of Stonewall, which campaigns for homosexual [equal] rights, said: "It is extraordinary to have a criminal offence that applies only to gay men. The same laws should apply to everyone."
The man said yesterday that he had taken part in "nothing other
than harmless fun. There is no way that our activities could
have caused offence."
GAY AND LESBIANS IN GOOD CONSTITUTIONS
by Marcel Ryser
As I reported in the ending of last year the Swiss Constitution is going to be adapted to the today's effective written constitutional law and established rights (see EuroLetter no 46).
Because the government's proposal of Dec. 1997 does not protect g/l/b/t people from discrimination Pink Cross (the Swiss gay league) and LOS (the Swiss Lesbian Organisation) have decided to fight strongly so that the Anti-Discrimination Article (Article 7 of the new constitution) will be changed in such a way as to include 'sexual orientation' together with race, religion, gender, etc.
Since Jan 1997 Pink Cross and LOS have been working together on three levels: lobbying MPs, publishing a report, and organising a national rally in Bern on 31 May.
LOBBYING MPs The government's draft is debated by parliamentary committees. Pink Cross/LOS have got in contact with members of these committees. Leftist parties will support our request. Unfortunately on April 22nd 1997 the constitutional committee of the cantons' representatives decided not to include the 'sexual orientation' in the Anti-Discrimination Article. But then this committee is very conservative and the draft will again be on the agenda of parliament's constitutional committee in the second half of 1997 before parliament will finally debate the matter.
ILGA Europe has sent a letter of protest to the Swiss Authorities. And Swiss g/l/b/t people have sent letters to the members of the committees.
PUBLISHING A REPORT In a report entitled 'Toleriertes Unrecht' - 'L'injustice tolerée' (tolerating injustice), discrimination of gays and lesbians in Switzerland is documented. An abridged version of the report is available.
ORGANISING A NATIONAL RALLY On May 31st 1997 a demonstration march and a rally is going to take place in Bern under the motto GAY AND LESBIANS IN A GOOD CONSTITUTION - PROTECTION from DISCRIMINATION FOR ALL.
Thousands of g/l/b/t people and their friends, colleagues, relatives and acquaintances will demand an extension of the Anti-Discrimination Article in the Constitution and/or (was soll and/or bedeuten) the Anti-Discrimination Law so as to include 'sexual orientation' and the recognition of same-sex relationships by civil law.
In front of the House of Parliament about 35 organisations will
be present and support our fight. Local venues (cabarets,
concerts, movies, parties and much, much more ) in over five
locations across the city will take place in the evening.
IGLYO 13TH ANNUAL IGLYO CONFERENCE FASCISM AND HOMOPHOBIA
PISA, 27 JULY - 3 AUGUST 1997
By Dennis van der Veur
The International Lesbian and Gay Youth Organisation (IGLYO) in close co-operation with Arcigay/Arcilesbica Pisa/ Firenze are proud to present the 13th IGLYO conference on 'Homophobia and fascism: giving young lesbians, gays, bisexuals and transgendered people the tools to organise for change'.
What is an IGLYO conference all about? One of the most important activities of IGLYO is the organisation of the annual conference. At the conference you will work with other young l/g/b/t people who represent the widest diversity of cultures, countries, political affiliations and occupations.
Speeches, workshops and discussions will be organised. Moreover you will have a chance to get to know the work of other l/g/b/t youth organisations. It is a unique opportunity to exchange information.
Apart from the more serious parts there is a social programme, including workshops on dance, music and massage and visits to Italian gay/lesbian bars.
These facts and developments inspired IGLYO to the subject of this year's conference. We will look at the historical and social background of homosexuality and fascism. There will be presentations on the situation of gays and lesbians in World War 2, an overview of the rise of right wing movements in different parts of the world. But moreover, the conference will provide skills in campaigning and combating fascism and homophobia. Experts from anti-fascist organisations will be invited and special attention will be given to the work of l/g/b/t youth groups in this field.
When and where does the conference take place? The conference will take place from July 27 (arrival) till August 3 (departure) in Pisa (Italy).
You should send or fax your application form BEFORE JUNE 15 to:
On behalf of IGLYO,
Henrike Eisfeld,
Nick Georgiev,
Michele di Gregorio,
Dennis van der Veur.
-------------------------------------------------------------- 13TH ANNUAL IGLYO CONFERENCE FASCISM AND HOMOPHOBIA PISA, 27 JULY - 3 AUGUST 1997 APPLICATION FORM Name: Address: Phone: Fax: e-Mail: Date of birth: Note: Participants should be 27 or younger. Sex: M / F Organisation: Address: Phone: Fax: e-Mail: Is this organisation a member of IGLYO? How would you define your sexual identity? O lesbian O gay man O bisexual O transgender O ........ Do you have special dietary or access needs? Is there any information concerning your medical condition that you would like to bring to our notice? Do you require a letter to help you get a visa? If yes, please state your passport number: Date and place issued: Expire date: If you want to apply for travel reimbursement, please indicate expected costs: Note: IGLYO has only LIMITED POSSIBILITIES for travel reimbursement. We encourage participants to look for local funding! Do you want to apply for compensation for loss of earnings for young workers? (If yes, you will receive the guidelines of the European Youth Foundation and an application form.) Will you participate as an individual or on behalf of a youth group? Why do you want to participate? Please include a letter of motivation. Would you be interested in giving a workshop? If yes, on which subject? Please add any additional information. I herewith commit myself to the payment of the full conference fee upon arrival in Pisa. Cancellations will only be accepted before 12 July 1997. Date: Signature: --------------------------------------------------------------
France QRD ILGA Euroletter
|
Copyright ILGA Europe, Gais et Lesbiennes Branchés, © 1997 |