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Date: Sun, 4 Jan 98 14:21:15 CST
From: camille <crosswix@viconet.com>
Organization: Magnus Hirschfeld Centre for Human Rights
Subject: Gay/Lesbian Oppression in Republic of Latvia
Gay/Lesbian Oppression in Republic of Latvia
The Magnus Herschfeld Centre for Human Rights, 6 December 1997
The Office of the President of the Republic
His Excellency, Mr. Guntis Ulmanis
Executive Office of the President
Pils laukums 3,
Riga 50, LV-1900,
Latvia.
RE: Situation of the Homosexual Community in the Republic of Latvia
Dear President Ulmanis, Your Excellency:
We, the staff of the Magnus Hirschfeld Centre for Human Rights, would
like to express our concern over the legal and social situation faced
by lesbian women and gay men in Latvia and to ask Your Excellency to
take such necessary measures as are required by Latvia's international
legal obligations, to rectify situation. We are most emphatically
concerned that the legal situation of Latvia's homosexual citizens is
one which is far from consonant with what are undoubtedly to become
Latvia's legal obligations as a state-member of the European Union, to
which end Latvia has directed its efforts. Notwithstanding the legal
and social persecution of gay and lesbian persons in your country
(which itself appears to be in conflict with the provisions of Lativa's
Constitution (Constitution of the Republic dated February 15th, 1922,
Section VI, paragraph 82, inter alia) and further notwithstanding the
proposed Treaty of Union provisions obliging member-states of the
European Union to pro! ! hibit discrimination against individuals on
account of sexual orientation, your country's lack of progress in
addressing this very grave issue is alarming.
As we learned from the recent Statement by the Homosexuality
Information Centre in Riga encaptioned "On Homophobia and Intolerance
in Latvian Police and Other State Authorities," (of which statement a
copy is attached herewith) lesbian women and gay men in Latvia suffer
the consequences of both de facto as well as de jure discrimination.
Of particular concern to ourselves and to the Magnus Hirschfeld Centre
for Human Rights are the actions and words of various Latvian
governmental officials who, far from promoting the democratic value of
tolerance, have sought to undermine respect for minorities and for the
human rights of sexual minorities in particular. Illustrative of the
forgoing is the fact that parliamentarians representing the National
Democratic Party of Latvia inter alia (e.g., Deputies Malins, Plavnieks
and Atis Silaroze) have repeatedly slandered gay and lesbian citizens,
stating in the Party's publications that:
"In order to prevent the healthy part of the nation from criminally
vicious and disastrous influences by the shameless representatives of
sexual minorities, it is necessary to adopt sever measures [against
such minorities] today."
It is worth taking note that the same Party has repeatedly made similar
statements of an anti-Semitic character. Such statements can only be
interpreted to reflect negatively on the seriousness with which Latvia
is seen to discharge its international obligations, considering the
fact that Latvia is a party signatory to the International Covenant on
Civil and Political Rights (as of 14 April 1992) and that Article 20,
section 2 of said Covenant provides that "Any advocacy of national,
racial or religious hatred that constitutes incitement to
discrimination, hostility or violence shall be prohibited by law." No
such prohibition is seen to exist in the domestic law of Latvia.
With respect to those obligations of an international character, it
ought be noted that in 1994, the United Nations Human Rights Committee
ruled (in the case of Toonen vs. Australia [Case no. 488/92]) 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. Criminal laws prohibiting homosexuality among consenting adults
violate Articles 2 and 17 of that Covenant. What makes this decision of
critical significance is that the Committee noted in its decision that
"the reference to 'sex' in articles 2 (1) 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 European Community"
by the European Parliament in 1994. In this Resolution, that body calls
on all member states to repeal all anti-homosexual law provisions and
to end all sexual orientation based discrimination, including the
barring of lesbian and gay couples from marriage or equivalent legal
framework. This Resolution was reiterated by the European Parliament on
two more occasions, e.g., in the annual reports and resolutions on the
observance of human rights in the European Union for 1994 (A4-0223/96)
and 1995 (A4-0112/97).
Finally, and most portentiously for Latvia, is the fact that the
fifteen present member states of the European Union have included
"sexual orientation" in the anti-discrimination clause - the new
Article 6a - of the Treaty of Amsterdam.
Members of the lesbian and gay community in Latvia have on many
occasions appealed to diverse Latvian institutions in order to attract
attention to their situation. Unfortunately, none of these appeals
have resulted in any attention, much less action, from the Latvian
State authorities. For example, the Latvian parliament has so far been
considering a legislative amendment to include sexual orientation in
the list of grounds on which discrimination is prohibited for four
years, an inexplicable length of time for consideration of such
legislation considering that Latvia's parliament is surely aware of
what it obligations as a member of the European Union are likely to
entail.
As the aforecited instances demonstrate, the Latvian authorities have
not made apparent any intention of combating discrimination against
lesbian and gay individuals; thus, it appears premature to speak of a
democratic system existing within the Latvian state where fundamental
rights are safeguarded, a minimal qualification for membership within
the European Union.
In consideration of the foregoing, Your Excellency, we feel it is
imperative to point out that Latvia, as a member of the United Nations
and the Council of Europe and well as an applicant for full membership
of the European Union, declared its intention to build a society where
fundamental rights of each individual are respected and guaranteed.
There is significant progress in many countries of Europe and the rest
of the world regarding protection of lesbian women and gay men from
discrimination and unequal treatment. Such authoritative organs as the
United Nations Human Rights Committee, the European Commission and
Court of Human Rights, and the European Court of Justice demonstrate
that discrimination directed toward homosexual women and men is
unacceptable in a democratic society.
Taking into account these facts we call upon you, Your Excellency, to
initiate the legislative amendments in Latvia's domestic law necessary
to combat all forms of discrimination against lesbian and gay citizens
and to provide for the adoption of substantial legislation guaranteeing
their protection and equal rights with the rest of society. Barring
such a commitment, we feel no alternative exists other than to devote
our efforts and to call upon other non-governmental organizations and
individuals to devote theirs to the task of bringing Latvia's failure
to meet its requirements for accession to the appropriate offices of
the European Union.
The favor of Your Excellency's promptest possible reply to the
foregoing is respectfully requested.
Yours sincerely,
William A. Courson Camille Zanni Susanne O'Connor
Executive Director Associate Director Associate Director
cc:
Hon. Ilga Kreituse, Chair
Saeima of the Republic of Latvia
Jekaba iela 11, Riga LV 1811
Baiba Jansone, Secretary-General
Mr. Arnold Ruutel, Praesidium
Hon. Dainis Turlais.
Minister of the Interior
Ms. Anitra Jankevica, Latvian Delegation
Mr. Liudvikas Sabutis, Chair, Legal Hon. Valdivs Birakvs, Minister
THE MAGNUS HIRSCHFELD CENTRE FOR HUMAN RIGHTS
CROSSWICKS HOUSE
551 VALLEY ROAD, SUITE #169
UPPER MONTCLAIR, NEW JERSEY USA 07043-1832
Telephone: 201-237-3406
Facsimile: 973-746-3147
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