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Gay Rights: Why Does Europe Allow Russia to Pick and Choose on Human Rights?
 

Guest Commentary by Teo Valenti

Russian gay activists are pugnacious.  They do not give up.  While their country systematically bans any of their public action for at least 3 years in a row, they keep fighting.

And not only in the streets.  Over the last weeks, they launched their new battle within Europe’s top diplomatic circle.  Last December, they opened the first front in Brussels.  At their request, three Members of the European Parliament asked the European Commission whether it raised the issue of Human Rights violation and more specifically LGBT Rights with the Russian President during the EU-Russia summit of November.  The answer, apparently, is still to come.

Shortly after, the activists opened a ‘second front’ in Strasbourg when they asked first the General Secretary of the Council of Europe, then its Human Rights Commissioner how they both feel letting Russia systematically breach the European Convention.

When no answer was forthcoming, they complained to the Committee of Ministers, the highest body of the Council.  The letter asked: “Which measure are you going to take in Russia for its multiple violation of the European Convention?”

Russia is not simply being asked to respect the European Values of Freedom and Democracy.  It is being asked to respect the Convention it ratified itself.  In a few words, it is simply ask to honour its own words.

In Strasbourg, the rows of the activists increased and a Member of the Parliamentary Assembly from Luxembourg, Jean Huss, joined them in their fight.  And if the Committee does not answer to the activists, it will have to answer to Mr Huss.

So, what’s their point?  Getting a new reply of ‘sorryness’ from Europe’s tops diplomats?  Not that much.  Russian gay activists understood that letters and press releases will not make their government more eager to recognize gay rights as part of universal human rights.

Four years after the bashing of the first “unauthorised” Moscow Pride in front of the world’s media, the activists want to embarrass the European diplomacy.

“We do no longer ask the European Institutions what they think of the violation of the European Convention by the Russian authorities. We now ask them what they have done to prevent them” said Nikolai Alekseev, the man behind the Russian gay movement.

Tough question ... because even if our diplomats did something, they obviously weren’t very successful.

Alekseev’s group reports that Russia breached, at least 165 times article 11, of the European Convention in the field of Freedom of Assembly.

If that is correct, the activists have a fair point.  What is the use of a Convention if its non application is not sanctioned by a yellow or red card?

If the Council of Europe is unable to make Russia respect the European Convention, there is an issue.  If the European Court of Human Rights is unable to consider a case in five years or more, then, the rights granted to the citizens are nothing else than fake advertisement.  And as tax payers, they can complain of the institutions that they “sponsor”.

But one can ask a tricky question.  What can Europe effectively do against Russia?

Apparently, Europe cannot do much against Russia during cold winter.  Russian understood that they can use its oil and gas as a weapon.  And it appears to be a very effective one.

But with the Georgian crisis where Russia managed to get where it wanted last summer, it seems that Europeans are weak all year round.

Most probably, Russian activists have had bad luck.  They did not come at the right time in history.  Ten years ago their country was a weak partner ready to accept anything from Europeans. Remember that in 1998, it was standing on its knees when it had to beg the IMF for cash.

But since then, things have changed and Europeans had to accept a lot from Moscow: Chechnya, Georgia, election etc...  Europeans only protest so as not to loose face.

But one thing is clear. Russia does not stop going its own way.

The suppression of gay rights in Russia is symptomatic of the wider attack on civil society.

While Russia is undoubtedly a key partner for Europeans, it managed to get for itself a specific status – one that allows itself to pick and choose on human rights.

■ Teo Valenti describes himself as a European and citizen of the European Union.  He lives in France.

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