Why It Is Wrong in Even Considering Anti Gay Legislation in St Petersburg
UK Gay News Commentary
Russia, in allowing ‘anti-gay’ legislation to be introduced in two
regions – Ryazan in 2006 and Arkhangelsk last month, has totally flouted
conventions of the 47-nation Council of Europe which it voluntarily joined
as it came out of the Soviet era.
And when the Duma in St. Petersburg finally passes a similar law in the
coming weeks, and this is virtually inevitable, there will be three regions
of the country that fall foul of Strasbourg.
In its first reading last week, the bill that will make illegal the
‘the promotion of homosexuality, lesbianism, and transgenderism to minors’
was passed by a whopping 27-1 margin (with one abstention).
There are three ‘readings’ required to pass the bill into law.
If that were not enough, Russian newspapers are reporting that the
authorities in Moscow are looking to follow St. Petersburg.
And there are lawmakers in the State Duma of the Federation who want
to enact a law that will apply from the Russian enclave of Kalingrad in the
Baltics right across to Vladivostok.
What, then, is Russia falling foul of, regarding the Council of Europe?
Back at the end of March 2010, the Committee of Ministers voted unanimously to approve “Recommendation CM/Rec(2010)5 of the Committee of Ministers to member states on measures to combat discrimination on grounds of sexual orientation or gender identity”.
Paragraph 13 of the document, which Russia agreed to, reads:
“13. Member states should take appropriate measures to ensure, in accordance
with Article 10 of the Convention [on Human Rights], that the right to
freedom of expression can be effectively enjoyed, without discrimination on
grounds of sexual orientation or gender identity, including with respect to
the freedom to receive and impart information on subjects dealing with
sexual orientation or gender identity.”
Frankly, it could not be plainer to the Kremlin.
But, if the Russian government still does not get it, there is the report by the Commissioner on Human Rights Thomas Hammarberg, published by the Council of Europe two short months ago, Discrimination on grounds of sexual orientation and gender identity in Europe.
Mr. Hammarberg recommended to all 47 member states that they: “Respect the
effective right to freedom of expression by safeguarding the possibility to
receive and impart information on issues related to sexual orientation and
gender identity in any form of expression such as the press, publications,
oral and written statements, art and other media.
Any discriminatory provision
criminalising the dissemination and diffusion of factual information
concerning sexual orientation and gender identity should be abolished.
Unlawful interferences in the
enjoyment of the right to freedom of expression by LGBT persons should be
subject to criminal proceedings.”
On November 7, the United Kingdom took over the Chairmanship of the Council
of Europe for six months.
In the Committee of Ministers during the handover from Ukraine, British
Foreign Minister William Hague MP said that the UK Chairmanship will work to
combat discrimination on grounds of sexual orientation or gender identity
across Europe.
“Too many people still suffer outdated prejudices, discrimination and
violence because of their sexual orientation or gender identity,”
he told
the Committee of Ministers. “We will
work with the secretariat and our partners in the Committee of Ministers to
improve all member states’ performance in this area.”
So, over to you Mr. Hague. The
repressed LGBT community in Russia needs help.