Human Rights Week 2013: Russia and it's LGBT community.

Recent laws passed in Russia ban “homosexual propaganda” and “non-traditional” sexual relationships among minors with the threat of criminal prosecution. The “propaganda of non-traditional sexual relations to minors" bill was signed into law in June. The law is a serious breach of the Human Rights of lesbian, gay, bisexual, transgender, and intersex people by the Russian government. The bill makes it illegal to equate straight and gay relationships. At the same time they passed legislation providing for prison terms of up to three years for offending religious feelings. 

The law has come after other violations of the constitutionally protected rights of Russian citizens. Gay pride parades in Moscow and other Russian cities have been banned and several gay rights groups have been fined. The new federal law is closely related to regional laws that had already been put in place, all of which penalize “propaganda” of homosexuality under the guise of “protecting” minors.  The city of Sochi, where the Winter Olympics are to take place, has such a regional law. Similar to the federal law, these regional laws use vague definitions of propaganda to allow for ongoing persecution of the country’s LGBT community.   

These laws have led to an increase in violent attacks on citizens suspected of being gay. ILGA-Europe rates Russia as the least protective country in Europe for LGBT citizens, ranking it 49th out of the 49 European countries rated in its annual survey. A Russian court has denied the non-governmental organisation Sochi Pride House the right to register officially believing its promotion of gay rights is a threat to society and extremist. The court argued that extremist activities such as those of the Sochi Pride House were a threat to Russia’s sovereignty and territorial integrity

The European Court of Human Rights has taken Russia to task over its human rights violations towards its lesbian, gay, bisexual, transgender, and intersex citizens in the past. In April 2011, Russia was fined by the Strasbourg as it was found to be in violation of articles 11, 13, and 14 of the European Convention due to a ban placed on 164 pride events from 2006 and 2008. The Alekseyev v. Russia case ruling came after the Russian government lost its appeal. Despite the court’s ruling and the fine imposed, Russia has continued to ban such events.  In May 2012, a district court in Moscow imposed a one hundred year ban on such events within the city.  Almost 12 million people living in Moscow are being censored in the name of furthering hatred.

Article 6.21 of the Code of the Russian Federation on Administrative Offenses, allows individuals to be fined if they are believed to be promoting propaganda of non-traditional sexual relations amongst minors. The article is vague and broad and appears to cover every possible form of expression of lesbian, gay, bisexual, transgender, and intersex individuals. There is no definitive definition of ‘propaganda’ or ‘non-traditional sexual relations’. Article 6.21 describes propaganda as the: “distribution of information that is aimed at the formation among minors of non-traditional sexual attitudes, attractiveness of non- traditional sexual relations, misperceptions of the social equivalence of traditional and non-traditional sexual relations, or enforcing information about non-traditional sexual relations that evokes interest to such relations . . . .”

 Individuals engaging in such propaganda can be fined 4,000 to 5,000 rubles. However the fines increase substantially in the case of public officials are implicated and depending on the methods utilised.  Foreigner nationals who make help further the LGBT movement can be detained, fined and deported. There have been several legal actions taken under the regional anti-LGBT propaganda laws in recent months. St. Petersburg has fined and initiated legal proceeding against activists and performers for expressing support for LGBT rights.  Last July, four Dutch videographers, who were filming a documentary on LGBT rights in Russia, were detained by police and then deported on a technicality.  

In 2012 the Russian parliament also passed a “foreign agents” law. This law requires that NGOs in receipt of funding from outside Russia to register as foreign agents where they engage in any political activity. Two LGBTorganisations have so far been fined under this law. In June the LGBT organization “Coming Out” and its director were both convicted and fined under the law. The charges against the organization were overturned on appeal but are set for a re-hearing.  Kieran Rose, chairman of gay and lesbian equality network Glen said the laws are “violations of the most basic international human rights obligations and democratic principles… These new laws represent a serious attack on human rights and civil society in Europe. They send out the clear message from the Russian government and parliament that intolerance of others is acceptable and that human rights are not inviolable but rather are political notions which can be rowed back when it is politically advantageous to do so. This cannot be allowed to stand”.

The areas of adoption of Russian children by same-sex couples and same-sex couple’s parentage are now beginning to be focused on and many within the Russian LGBT believe things are set to get much worse for the community. Russian journalist Masha Gessen discussed the situation facing lesbian, gay, bisexual and transgender Russians with the Washington Post at Septembers Human Rights First Summit in Newseum. She claimed “The Russian laws are even more extreme than you know,” with Russia’s highest court upholding the legality of the anti-gay “propaganda” law. It was Ms Gessen’s claim that this could pave the way for the government to remove children from their same-sex parents. “There won’t be change... we can only mitigate the effects.” Gessen called on nations “to help people get out [of Russia] with their families.”  Gessen herself has fled Russian with her wife and children.

 A bill citing a discredited study by Mark Regnerus, an associate professor of sociology at the University of Texas has been debated by the Russian Duma. Andrei Zhuravlyov of President Putin’s United Russia Party claimed “The harm that could be inflicted on a child’s mental health if their parents are homosexual is immense.” The bill would have amended Article 69 of the Family Code granting the government the authority to terminate the parental rights of parents raising children with same-sex partners or who are suspected of engaging in homosexual behaviour. This would have added homosexuality to a list of grounds for termination of parental rights that includes alcohol addiction, drug addiction and child abuse. Deputy Akexey Zhuravlev withdrew the bill from the parliament. A spokesperson stated that his position had not changed. The bill is to be revised and resubmitted to the Duma. Gessen expects a bill providing for the removal of children from their same-sex parents to be reintroduced when the Sochi Olympics finish.  She believes that “is the day when things get really bad.”

LGBT advocates in Russia have reported several recent cases of LGBT hate violence, in Volgograd in May; a 23-year old man was sexually assaulted before being killed in what was widely reported to be an anti-LGBT hate crime. LGBT Noise spokesman Max Krzyzanowski has previously stated that there is an “epidemic” of videos being posted online by young neo-Nazis who set up false dates with young gay men. The videos have been circulating online and show young men being beaten, humiliated and abused.

The Department of Foreign Affairs has advised gay and lesbian Irish citizens travelling to Russia to be careful and aware of the recent anti-gay laws introduced in the country. The Department of Foreign Affairs’ website states “a federal law has recently been approved that prohibits the promotion of homosexuality, lesbianism, bisexuality and transgenderism in the Russian Federation”.

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