Gay rights in Belarus
Encyclopedia
Both male and female same-sex sexual activity are legal in Belarus
, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.
Same-sex sexual activity was legalised in Belarus in 1994, however lesbian, gay, bisexual and transgender (LGBT
) rights in Belarus are still severely limited.
, Belarus used the laws common for all Soviet republics. As such, homosexuality
was considered illegal. Sexual relationships between females have never been illegal in Belarus, while those between males were frequently prosecuted. Words such as homosexuality or gay were not present in any old Soviet code and the Soviet juridical system used the term sodomy
.
Article 119-1 of the previous Criminal Code of Belarus
set out that homosexual men having voluntary sexual contact were to be convicted to prison terms up to five years. In 1989 nearly 50 Belarusian citizens were fired due to their sexual orientation. A special department was set up in the KGB
to combat homosexuality. The secret services used blackmail
to recruit agents from the gay community. This prevented the possibility of the emergence of any gay organization, or print media designed specifically for sexual minorities. Nonetheless, gay people met in the streets, toilets, railway stations, or gathered in private flats or houses.
In 1992 a newspaper named Sex-AntiAIDS-Plus was founded through help provided by a non-governmental organization called Stop-AIDS-Belarus (SAB). The second issue of the newspaper was intercepted by a procurator’s office, and a criminal case was initiated against the newspaper. The newspaper contained personal ads for gays and lesbians. The prosecution regarded these announcements as pandering
. In 1994, the criminal case against the newspaper was dropped. However, its founder and chief editor, Ruslan Geniush, fearing persecution, stopped his publishing endeavour. In 1992 a magazine named Randez-vous was registered, and began publishing. The magazine focused primarily on personal ads and contained articles written by psychologist
s, sexologists and letters and announcements from LGBT readers in a special column called "Blue Salon". In 1994 the magazine ceased to exist.
On 1 March 1994, the Parliament of Independent Belarus changed Article 119-1 of the Criminal Code of Belarus, and homosexuality became legal.
, enacted in 1994, proclaims that one of its fundamental principles is the equality of citizens. Article 22 states:
“All are equal before the law and have the right to equal defense… without any discrimination.”
There is no domestic partnership
option under Belarusian law, although co-habitation outside of marriage, even by heterosexual couples, is common. Domestic partnership is not a legal basis for one partner’s changing his or her surname. It does not lead to spousal material commonwealth
between the partners. Among the responsibilities taken on by the partners in their life together, the only ones legally enforced are those listed in the civil law. When they have a common business, their relations are regulated by the rules of commercial law. If they break up, the partners have no access to the legally recognized rights of a spouse in a divorce. Current and former partners in cohabitation have no right to alimony or financial support.
Cohabitation is not a legal basis for inheritance, since partners are not included in the legal circle of heirs. Therefore, domestic partners may inherit from one another only when there is a last will and testament. The taxes on such an inheritance are higher than the taxes imposed on inheritances received by a legal spouse. Domestic partners inheriting through a will also have no right to a preserve part of the estate.
Cohabitating partners have no parental rights over the children of the other partner. It is possible, however, for one partner to legally adopt the other’s biological children. The adoptive parent must not be legally incapacitated, must not have been stripped of his or her parental rights by the courts, and must be at least 16 years older than the adopted child. It is not possible for co-habitating couples to adopt orphans, since the law requires adoptive couples to be married.
Article 168 provides that sexual intercourse, muzhelozhstvo, lesbianism, or other actions of a sexual character, wittingly committed by a person over 18 on a person under 16, except the crimes foreseen by the articles 166 and 167 of this Code, are punished by arrest up to six months or limitation of freedom up to three years or deprivation of freedom up to four years.
Article 170 on "Coercive acts of a sexual character" states that:
No specific sexual acts, such as oral or anal penetration, are mentioned, and whether the behavior is homosexual or heterosexual makes no difference. The law makes an important symbolic tribute to the principle of gender equality in that, with the exception of rape, which requires a female victim, all other criminal sexual actions, such as violence, compulsion, or coercion, can be directed against persons of either gender, the victims in all cases being referred to in the law as she or he.
The age of consent for participation in sexual acts is equal for homosexuals and heterosexuals: 16 years old.
. In the Criminal Code, homosexuals are only singled out when they are the “subjects” of a crime (e.g., when they are the perpetrators), and not when they are “objects” (e.g., victims of a crime). Judicial and police organs do not express any eagerness to collect evidence about the homophobic motives of those who perpetrate crimes. Judges are not obliged to consider such motives as aggravating the circumstances of guilt, or to impose more severe punishments when homophobic motives are present. LGBT people are in danger to face discrimination and violence.
On 18 April 2001, a dead body of the pensioner Alexander Stephanovich, known in Minsk
as a homosexual, was found in the yard of the apartment block where he lived. His body was stabbed all over with knives. On 16 May: of the same year, Andrei Babkin, an activist with Lambda Belarus, was badly beaten and raped at the entrance to his flat. He was taken to the hospital with severe injuries. On 2 July, the police in Minsk detained and badly beat Andrei Scherbakov, one of the founders of Lambda Belarus. The next day, Ivan Suchinski, the owner of the gay club “Oskar,” was killed. The club had been closed by the authorities in February 2000 and Ivan brought civil claims because of the unfair actions of the police. On 13 November 2001, in Molodechno, Lambda Belarus leader Edward Tarletski was assaulted which resulted in a concussion and required seven days' hospitalization. The police refused to take actions in connection with the assault because it was “impossible to find the criminals”.
On 15 February 2002 in Zhlobin
(Gomel Region), 34 year old accountant Victor Kovyl was found dead in his parents’ flat. He was openly gay both at work and in public. The police refused to give the details of the murder to Kovyl’s partner Alexander and one of the members of the police said to him: “It serves you right, sodomites (faggots)!”. On 12 April 2002, an assault and beating of gay men took place outside the gay club “Babylon”. According to witnesses a group of skin heads (10–12 men) attacked three patrons before the police arrived. Among the victims was Edward Tarletski, Editor in Chief of gay magazine Forum Lambda and leader Lambda Belarus leader. On 10 June in Kommunar, Buda-Kashalyova District, Gomel region, three unidentified men beat and raped local resident Dmitrii L., 18. The victim was taken to the hospital where he spent two weeks. On the evening of 2 October 2002, Edward Tarletski was assaulted outside his flat entrance on his way home. Four unidentified men asked him if his name was Tarletski and started beating him. That night he was taken to the hospital. He had a broken shoulder and three smashed teeth. Finally, in 2002, the Minsk Police started a criminal case in connection with the murder of Mikhail M., 50, whose mutilated body was found in his flat on 17 November. According to the police this was the fifth murder of this kind committed in the capital of Belarus. However, the detectives fully denied the possibility of a serial killer.
On 18 February 2003 Tarletski was beaten again by unidentified persons near his house. Edward was taken to the hospital with a head injury and plenty of bruises on his body. On 29 March of the same year, a bouncer at the night club “Budda-Bar” in Minsk beat Yuliya Yukhnovetz, a volunteer for Minsk Pride, because she kissed a girl in the club hallway. She was taken to the hospital where she was diagnosed with an injured cranium.
On 28 May 2008, Edvard Tarletski was attacked again by three youths in Minsk. Tarletski stated that he did not intend to report the attack to police because they would not do anything about the incident. He also said this attack was the third against him in five years.
At the mid of September 2008, two transsexual males had been raped in Minsk. Victims did not report to the police, they were not sure that they help them.
There are reports that police and prosecutors do not give cases involving a victim who is of a sexual minority equal treatment.
In prisons and correctional facilities, homosexuality is subject to speculation, blackmail and extortion
. While in prison, gays and lesbians are largely unprotected. Reportedly, executing bodies often make use of prisoners’ sexual inclinations to receive needed data, and turnkeys often encourage prisoners to abuse homosexuals.
Police officers seek information of a personal nature about homosexual persons who are victims of violence. This information is of no relevance to the prosecution the perpetrators of the crimes against those victims. Police officers collect information of a personal nature as well as passport data and mugshots of homosexual persons who visit known gay cruising areas. The national NGO “Vstrecha” [“Meeting”] (HIV-prevention group for gay men) reported about those practices in Brest
and Gomel. Police officers refuse to register cases of brutality committed against sexual minorities and do not conduct investigations that would seek criminal responsibility from the perpetrators of crimes motivated by homophobic prejudice. Lambda Belarus reported many cases of brutality against lesbians and gays and passive behaviour of police in all regions of the country. Police have conducted unprovoked actions in bars frequented by homosexuals. AILGBT-Belarus, “Vstrecha”, Lambda Belarus and lesbian group “YANA” reported about those practices in Gomel and Minsk.
status. Same sex partners are not recognized for the purposes of immigration law. After the fall of the communist regime many Belarusians requested and were granted political asylum abroad, based on fear of persecution because of their sexual orientation. The most frequent reason cited was formal or informal harassment by the police. Amnesty International
Lesbian, Gay, Bisexual and Transgender Network – Belarus (AILGBT-Belarus) has information on individuals who were granted asylum in Czech Republic, France, Netherlands, and Sweden. One 19 year old former Minsk resident resident received asylum in a Western country in May 2007 because his parents had been trying to change his sexual orientation by means of shock therapy
.
In March 2002, a number of Belarusian media published the statements of Young Front
(the youth organisation of Belarusian Popular Front), which contained homophobic statements. Specifically, Young Front leader Pavel Severinetz published a letter where he called homosexuality “a death-worthy sin and perversion”. According to Severinetz the fact of the existence of homosexuals is “the result of spoiling and sinfulness in the world”.
In another incident, Belarusian sexual minorities attempted to make a formal statement of solidarity with victims of the Chernobyl disaster
. This attempt created a backlash, which led to an opposition youth leader, Dmitry Dashkevich, stating on the radio program "Freedom Night" that Belarus is no place for gays, and that homosexuals are sick people and that the opposition would not enter into a dialogue with them. In addition, opposition leader Artur Finkevich stated that that all homosexuals need to settle on reservations, not with the "normal" people.
In September 2004, President Lukashenko
, in a speech before the Belarusian Security Council, said, "we have to show our society in the near future, what ‘they’ [EU and USA] are doing here, how they are trying to turn our girls into prostitutes, how they are feeding our citizens with illicit drugs, how they are spreading sexual perversion here, which methods they are employing”.
Gay life is still largely underground and most Belarusians consider homosexuality a disorder. Homophobic attitudes, suspicions and prejudices are still very strong. According to a survey by the Belorussian Lambda League for Sexual Equality (Lambda Belarus) in April 2002, 47% of Belarusians think that gays should be imprisoned. Young people increasingly tolerate homosexuality and show a growing interest in gay and lesbian culture. However, their interest remains part of youth popular culture and is often considered as a kind of fashion that will be outgrown and forgotten when they become adults. In 2007 Information Center TEMA and MyGomel.com organize a voting about react of Gomel region youth to sexual minorities. 47,6% had negative feelings to sexual and gender minorities, 10% want to criminalize homosexual relations.
The first gay parade held in the Commonwealth of Independent States
was held in 2001 in Minsk. It was a peaceful march, with about 300 people in attendance. It soon became clear why it was so peaceful: the parade was held two days before the presidential elections and the parade became a convenient pretext for discrediting opposition candidates.
A private company in Belarus censored gay personal ads on its gay-oriented website, Apagay.com, today known as Gay.by. In response to complaints, the website owner first explained that they had the right to edit personal ads. Then they stated they were merely implementing recommendations, but did not state whose recommendations.
In July 1998, directors of the state National Television and Radio Company of Belarus prohibited the popular TV programs "King’s Hunt" and "It’s All Right, Mama" from using material featuring the "Singing Queens Show" on the grounds that the programs’ characters confessed they were gay.
The only specialised magazine for the LGBT community (Forum Lambda magazine) was published by Lambda Belarus in Russia and disseminated in Belarus from 1998 to 2002. The publication has been banned several times by the State Publishing Committee.
The main source of information about life of LGBT community in Belarus is the internet portal Gay.by. It is one of ten most visited sites in Belarus with a monthly audience of over 350,000 visitors. The creators of the web site encounter a lot of problems when trying to disseminate information about homosexuality. In December 2002, Belarusian State University in Minsk banned access to all gay internet resources. In March 2003 the administration of the internet café “Soyuz Online”, the biggest and most popular among gays in Minsk, blocked Gay.by. In January 2004, the national web hosting company N1.BY refused Gay.by its services. Earlier in 2003 the system administrator of "Krasnaya Banernaya" (RED.BY) banned the portal Gay.by from participating in banner exchange. On 10 May 2003, an unknown hacker
broke into the Belarusian gay and lesbian web site Gay.by. The hacker deleted all topics on the site's forum and started a new thread containing an appeal to kill gays. In addition while downloading the home page of Gay.by the notification “PIDARS MUST DIE” and “STOP PIDARS IN BELARUS” appeared on the screen. The hacker’s break in was followed by telephone calls to the members of the site’s team with threats of physical violence.
In 2003, Lambda Belarus leader Edward Tarletski wrote a letter to the head of the Minsk Postal Service asking to explain why all international correspondence for Forum Lambda and Tarletski personally was always received open and damaged.
However a new line of sites keeps the Belarus LGBT audience well-informed and entertained. The first Belarus gay blog, sunshine.by since 2003 have been keeping abreast of all developments in the country, providing invaluable insight into the world of Gay, Lesbian, Bi and Transgender community of the country.
in Belarus were repeatedly condemned by the international community.
After previous failed efforts, in 1999 a gay pride
festival was organised by "Forum Lambda", a magazine for Belarusian gays and lesbians. The festival was supported by the UN Development Programme, studio Tatyana, United Way Belarus, IREX
, the Titanic Club, and guests from Ukraine. The 1999 festival was a success.
In 2000, the organisers of the festival encountered great difficulty in preparing for the event. According to Edvard Tarletsky, head of the organising committee, the radio station Radio BA which was to cover the event and grant its dancehall for evening events received an order from the Presidential Administration not to do so. Other radio stations reportedly refused support on the same grounds, and events at other venues were also canceled. Orthodox Church-related groups demonstrated in Minsk against the Gay Festival the day before the festival was planned, on 9 September. The planned gay pride march through the city was banned by the city government 24 hours before it was due to take place, and authorities acted on the day to prevent festivities. Newspapers reported the outcome of the day. See and
In 2001 the Belarus government allegedly prohibited the Belarus Gay Pride Festival. On 3 August 2001 unidentified vandals, broke into and vandalised the flat of Lambda Belarus leader Andrei Babkin where fliers, posters and booklets of the festival “Gay Pride 2001” had been kept.
In 2002, days before Gay Pride 2002, Lambda Belarus leader Edward Tarletski was called to the Minsk police station where he was told that if a gay pride parade took place, “the police will not take any responsibility for possible disorder.” The police also threatened Tarletski with criminal prosecution in case of a street demonstration like it was in 2001.
In 2004, an international gay and lesbian festival was forced to be canceled. he organizing committee of the final (Belarusian) phase of the 4th International Moonbow Human Rights & Homo Cultural Festival and the first stage of this year's ILGCN (International Lesbian & Gay Cultural Network) World Lesbian and Gay World Conference 28–29 August 2004 were forced to cancel the event in Minsk. This came after authorities frightened a club owner into withdrawing his promise to host the event. In addition, threatening phone calls from authorities said foreigners trying to attend the event for workshops and discussions "would be immediately expelled from the country in keeping with the article of intervention in domestic affairs of the Republic of Belarus."
Apart from an annual march for the remembrance of Chernobyl disaster every year in April, no public demonstrations are allowed by the authorities. For example, on 10 May 2008, a group of gay activists asked permission to hold a picket next to a monument in the centre of Minsk.
On 27 October 2008, the same group asked permission to hold a protest in support of gay rights near the Russian Embassy in Minsk. Both events were not authorised. Because the country is currently not a member of the Council of Europe, Belarussian activists cannot appeal to the European Court of Human Rights
. It is the same group which decided to organise with Russian LGBT activists a Slavic Pride which is planned to alternate between Moscow and Minsk every year.
In January 2009, an event titled "The Right To Love" was planned and designed to raise public awareness about homophobia and discrimination against LGBT people in Belarus. Authorization was denied. LGBT activist Roman Mandrykin filed a complaint in the Court of the Central Borough of Gomel in response to this decision of the Gomel City Administration. In the text of the complaint, Mr. Mandrykin claims that the decision of the Gomel City Administration violated his right to the Freedom of Assembly
, as guaranteed by Article 35 of the Constitution of Belarus. He adds that the local regulation, Regulation 299, is itself unconstitutional in that it imposes unreasonable burdens on those seeking to organize public gatherings. The organizers intend to pursue this claim until it is resolved and hope to be able to organize a gathering in 2010.
, Grodno and Luninets. It consisted of informational campaigns and events. The month was organized by Gayby.org, Gay.by, members of the League of Sexual Equality "Lambda", and Amnesty International (Belarus). More than fifty media outlets reported about the month's events. Belarusian media began to talk about gay and lesbian people.
Main aim of the month against Homophobia was to resist any kind of physical, moral and symbolic violence to people with a different sexual orientation and gender identity, to show solidarity to LGBT
in the world who are unable to fight for their rights and to carry on a wider campaign for Human Rights
.
. Any other organization or initiative is working outside the legal framework.
.
, Belarus bans gays from serving in the military. AILGBT-Belarus has documented at least five cases of gay men from Gomel who did not serve in the army because of their sexual orientation. No cases of harassment of gays in the army are reported, but this may be the result of gay individuals hiding their sexuality.
– have full psychology courses in their curriculum but do not address the problems of sexual minorities.[1]
Belarus
Belarus , officially the Republic of Belarus, is a landlocked country in Eastern Europe, bordered clockwise by Russia to the northeast, Ukraine to the south, Poland to the west, and Lithuania and Latvia to the northwest. Its capital is Minsk; other major cities include Brest, Grodno , Gomel ,...
, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.
Same-sex sexual activity was legalised in Belarus in 1994, however lesbian, gay, bisexual and transgender (LGBT
LGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...
) rights in Belarus are still severely limited.
History of gay rights in Belarus
While a part of the Soviet UnionSoviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
, Belarus used the laws common for all Soviet republics. As such, homosexuality
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
was considered illegal. Sexual relationships between females have never been illegal in Belarus, while those between males were frequently prosecuted. Words such as homosexuality or gay were not present in any old Soviet code and the Soviet juridical system used the term sodomy
Sodomy
Sodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...
.
Article 119-1 of the previous Criminal Code of Belarus
Criminal Code of Belarus
The Criminal Code of the Republic of Belarus contains the fundamental laws to announce what is considered illegal to perform inside Belarus. Passed in 1999, several of these laws were carried over from laws passed in 1960 as the Byelorussian SSR. In the 1999 edition, the Criminal code contains...
set out that homosexual men having voluntary sexual contact were to be convicted to prison terms up to five years. In 1989 nearly 50 Belarusian citizens were fired due to their sexual orientation. A special department was set up in the KGB
KGB
The KGB was the commonly used acronym for the . It was the national security agency of the Soviet Union from 1954 until 1991, and was the premier internal security, intelligence, and secret police organization during that time.The State Security Agency of the Republic of Belarus currently uses the...
to combat homosexuality. The secret services used blackmail
Blackmail
In common usage, blackmail is a crime involving threats to reveal substantially true or false information about a person to the public, a family member, or associates unless a demand is met. It may be defined as coercion involving threats of physical harm, threat of criminal prosecution, or threats...
to recruit agents from the gay community. This prevented the possibility of the emergence of any gay organization, or print media designed specifically for sexual minorities. Nonetheless, gay people met in the streets, toilets, railway stations, or gathered in private flats or houses.
In 1992 a newspaper named Sex-AntiAIDS-Plus was founded through help provided by a non-governmental organization called Stop-AIDS-Belarus (SAB). The second issue of the newspaper was intercepted by a procurator’s office, and a criminal case was initiated against the newspaper. The newspaper contained personal ads for gays and lesbians. The prosecution regarded these announcements as pandering
Procuring (prostitution)
Procuring or pandering is the facilitation or provision of a prostitute in the arrangement of a sex act with a customer. Examples of procuring include:*trafficking a prostitute into a country for the purpose of soliciting sex...
. In 1994, the criminal case against the newspaper was dropped. However, its founder and chief editor, Ruslan Geniush, fearing persecution, stopped his publishing endeavour. In 1992 a magazine named Randez-vous was registered, and began publishing. The magazine focused primarily on personal ads and contained articles written by psychologist
Psychologist
Psychologist is a professional or academic title used by individuals who are either:* Clinical professionals who work with patients in a variety of therapeutic contexts .* Scientists conducting psychological research or teaching psychology in a college...
s, sexologists and letters and announcements from LGBT readers in a special column called "Blue Salon". In 1994 the magazine ceased to exist.
On 1 March 1994, the Parliament of Independent Belarus changed Article 119-1 of the Criminal Code of Belarus, and homosexuality became legal.
Constitution
The currently effective Constitution of BelarusConstitution of Belarus
The Constitution of the Republic of Belarus is the ultimate law of Belarus. Adopted in 1994, three years after the country declared its independence from the Soviet Union, this formal document establishes the framework of the Belarusian state and government and enumerates the rights and freedoms...
, enacted in 1994, proclaims that one of its fundamental principles is the equality of citizens. Article 22 states:
“All are equal before the law and have the right to equal defense… without any discrimination.”
Civil and Family Law
According to the Constitution (Article 32) and the Marriage and Family Code (Articles 1 and 12), marriage is a specific civil contract, concluded before a state organ and available to two persons of the opposite sex. This final requirement makes marriage inaccessible to homosexual couples.There is no domestic partnership
Domestic partnership
A domestic partnership is a legal or personal relationship between two individuals who live together and share a common domestic life but are neither joined by marriage nor a civil union...
option under Belarusian law, although co-habitation outside of marriage, even by heterosexual couples, is common. Domestic partnership is not a legal basis for one partner’s changing his or her surname. It does not lead to spousal material commonwealth
Commonwealth
Commonwealth is a traditional English term for a political community founded for the common good. Historically, it has sometimes been synonymous with "republic."More recently it has been used for fraternal associations of some sovereign nations...
between the partners. Among the responsibilities taken on by the partners in their life together, the only ones legally enforced are those listed in the civil law. When they have a common business, their relations are regulated by the rules of commercial law. If they break up, the partners have no access to the legally recognized rights of a spouse in a divorce. Current and former partners in cohabitation have no right to alimony or financial support.
Cohabitation is not a legal basis for inheritance, since partners are not included in the legal circle of heirs. Therefore, domestic partners may inherit from one another only when there is a last will and testament. The taxes on such an inheritance are higher than the taxes imposed on inheritances received by a legal spouse. Domestic partners inheriting through a will also have no right to a preserve part of the estate.
Cohabitating partners have no parental rights over the children of the other partner. It is possible, however, for one partner to legally adopt the other’s biological children. The adoptive parent must not be legally incapacitated, must not have been stripped of his or her parental rights by the courts, and must be at least 16 years older than the adopted child. It is not possible for co-habitating couples to adopt orphans, since the law requires adoptive couples to be married.
Labour Law
The Labour Code (Article 14) prohibits discrimination in the sphere of labour relations. However, sexual orientation is left out of the list of social characteristics on whose basis discrimination is legally prohibited. In other words, victims of discrimination on the basis of sexual orientation have no right to protection.Criminal Law
Homosexual sex was decriminalized in 1994. The Criminal Code in force at the moment in Belarus was passed in 2000. The only homosexual acts that remain crimes are those that are non-consensual. The crimes regarding homosexuality are covered in Chapter 20 (Section VII) of the Criminal Code, the chapter dedicated to “crimes against sexual inviolability or sexual freedom”. Article 167 covers "forced actions of a sexual character":- 1. Muzhelozhstvo [specific Russian definition of “male sexual intercourse with male”, literary “man lying with man”], lesbianism or other actions of a sexual character committed by use of force or threat thereof against the victim, or by exploiting the victim's vulnerability, are punished by deprivation of freedom from three to seven years.
- 2. The same actions, if they are committed several times or by a person previously convicted of rape, or by a group of persons, or wittingly against an underage person, are punished by deprivation of freedom from five to twelve years.
- 3. Actions which are foreseen by the first or second parts of the present Article if they are committed wittingly against a person under fourteen years old, or carelessly brought about the death of a victim, or carelessly inflicted heavy damage to his/her health, caused HIV infection or some other heavy consequences, are punished by deprivation of freedom from eight to fifteen years.
Article 168 provides that sexual intercourse, muzhelozhstvo, lesbianism, or other actions of a sexual character, wittingly committed by a person over 18 on a person under 16, except the crimes foreseen by the articles 166 and 167 of this Code, are punished by arrest up to six months or limitation of freedom up to three years or deprivation of freedom up to four years.
Article 170 on "Coercive acts of a sexual character" states that:
- 1. Coercion of a person into sexual intercourse, muzhelozhstvo, lesbianism or other actions of a sexual character by use of blackmail, threat of destruction, damage or withdrawal of property, or by exploiting the victim's material or other dependency, is punished by limitation of freedom up to three years or deprivation of freedom on the same terms.
- 2. The same action, if it is committed wittingly against an underage person, is punished by limitation of freedom up to four years or deprivation of freedom up to five years.
No specific sexual acts, such as oral or anal penetration, are mentioned, and whether the behavior is homosexual or heterosexual makes no difference. The law makes an important symbolic tribute to the principle of gender equality in that, with the exception of rape, which requires a female victim, all other criminal sexual actions, such as violence, compulsion, or coercion, can be directed against persons of either gender, the victims in all cases being referred to in the law as she or he.
The age of consent for participation in sexual acts is equal for homosexuals and heterosexuals: 16 years old.
Hate crimes
There is no Belarusian law that refers specifically to perpetrators of crimes motivated by homophobiaHomophobia
Homophobia is a term used to refer to a range of negative attitudes and feelings towards lesbian, gay and in some cases bisexual, transgender people and behavior, although these are usually covered under other terms such as biphobia and transphobia. Definitions refer to irrational fear, with the...
. In the Criminal Code, homosexuals are only singled out when they are the “subjects” of a crime (e.g., when they are the perpetrators), and not when they are “objects” (e.g., victims of a crime). Judicial and police organs do not express any eagerness to collect evidence about the homophobic motives of those who perpetrate crimes. Judges are not obliged to consider such motives as aggravating the circumstances of guilt, or to impose more severe punishments when homophobic motives are present. LGBT people are in danger to face discrimination and violence.
On 18 April 2001, a dead body of the pensioner Alexander Stephanovich, known in Minsk
Minsk
- Ecological situation :The ecological situation is monitored by Republican Center of Radioactive and Environmental Control .During 2003–2008 the overall weight of contaminants increased from 186,000 to 247,400 tons. The change of gas as industrial fuel to mazut for financial reasons has worsened...
as a homosexual, was found in the yard of the apartment block where he lived. His body was stabbed all over with knives. On 16 May: of the same year, Andrei Babkin, an activist with Lambda Belarus, was badly beaten and raped at the entrance to his flat. He was taken to the hospital with severe injuries. On 2 July, the police in Minsk detained and badly beat Andrei Scherbakov, one of the founders of Lambda Belarus. The next day, Ivan Suchinski, the owner of the gay club “Oskar,” was killed. The club had been closed by the authorities in February 2000 and Ivan brought civil claims because of the unfair actions of the police. On 13 November 2001, in Molodechno, Lambda Belarus leader Edward Tarletski was assaulted which resulted in a concussion and required seven days' hospitalization. The police refused to take actions in connection with the assault because it was “impossible to find the criminals”.
On 15 February 2002 in Zhlobin
Zhlobin
Zhlobin is a city in the Homiel Voblast of Belarus, on the Dnieper river. As of 2005, the population is 75.866. The town was first mentioned in writing in 1492....
(Gomel Region), 34 year old accountant Victor Kovyl was found dead in his parents’ flat. He was openly gay both at work and in public. The police refused to give the details of the murder to Kovyl’s partner Alexander and one of the members of the police said to him: “It serves you right, sodomites (faggots)!”. On 12 April 2002, an assault and beating of gay men took place outside the gay club “Babylon”. According to witnesses a group of skin heads (10–12 men) attacked three patrons before the police arrived. Among the victims was Edward Tarletski, Editor in Chief of gay magazine Forum Lambda and leader Lambda Belarus leader. On 10 June in Kommunar, Buda-Kashalyova District, Gomel region, three unidentified men beat and raped local resident Dmitrii L., 18. The victim was taken to the hospital where he spent two weeks. On the evening of 2 October 2002, Edward Tarletski was assaulted outside his flat entrance on his way home. Four unidentified men asked him if his name was Tarletski and started beating him. That night he was taken to the hospital. He had a broken shoulder and three smashed teeth. Finally, in 2002, the Minsk Police started a criminal case in connection with the murder of Mikhail M., 50, whose mutilated body was found in his flat on 17 November. According to the police this was the fifth murder of this kind committed in the capital of Belarus. However, the detectives fully denied the possibility of a serial killer.
On 18 February 2003 Tarletski was beaten again by unidentified persons near his house. Edward was taken to the hospital with a head injury and plenty of bruises on his body. On 29 March of the same year, a bouncer at the night club “Budda-Bar” in Minsk beat Yuliya Yukhnovetz, a volunteer for Minsk Pride, because she kissed a girl in the club hallway. She was taken to the hospital where she was diagnosed with an injured cranium.
On 28 May 2008, Edvard Tarletski was attacked again by three youths in Minsk. Tarletski stated that he did not intend to report the attack to police because they would not do anything about the incident. He also said this attack was the third against him in five years.
At the mid of September 2008, two transsexual males had been raped in Minsk. Victims did not report to the police, they were not sure that they help them.
There are reports that police and prosecutors do not give cases involving a victim who is of a sexual minority equal treatment.
In prisons and correctional facilities, homosexuality is subject to speculation, blackmail and extortion
Extortion
Extortion is a criminal offence which occurs when a person unlawfully obtains either money, property or services from a person, entity, or institution, through coercion. Refraining from doing harm is sometimes euphemistically called protection. Extortion is commonly practiced by organized crime...
. While in prison, gays and lesbians are largely unprotected. Reportedly, executing bodies often make use of prisoners’ sexual inclinations to receive needed data, and turnkeys often encourage prisoners to abuse homosexuals.
Police officers seek information of a personal nature about homosexual persons who are victims of violence. This information is of no relevance to the prosecution the perpetrators of the crimes against those victims. Police officers collect information of a personal nature as well as passport data and mugshots of homosexual persons who visit known gay cruising areas. The national NGO “Vstrecha” [“Meeting”] (HIV-prevention group for gay men) reported about those practices in Brest
Brest, Belarus
Brest , formerly also Brest-on-the-Bug and Brest-Litovsk , is a city in Belarus at the border with Poland opposite the city of Terespol, where the Bug River and Mukhavets rivers meet...
and Gomel. Police officers refuse to register cases of brutality committed against sexual minorities and do not conduct investigations that would seek criminal responsibility from the perpetrators of crimes motivated by homophobic prejudice. Lambda Belarus reported many cases of brutality against lesbians and gays and passive behaviour of police in all regions of the country. Police have conducted unprovoked actions in bars frequented by homosexuals. AILGBT-Belarus, “Vstrecha”, Lambda Belarus and lesbian group “YANA” reported about those practices in Gomel and Minsk.
Immigration and Asylum Law
Persecution on the basis of sexual orientation is not explicitly recognized in law as a ground for granting refugeeRefugee
A refugee is a person who outside her country of origin or habitual residence because she has suffered persecution on account of race, religion, nationality, political opinion, or because she is a member of a persecuted 'social group'. Such a person may be referred to as an 'asylum seeker' until...
status. Same sex partners are not recognized for the purposes of immigration law. After the fall of the communist regime many Belarusians requested and were granted political asylum abroad, based on fear of persecution because of their sexual orientation. The most frequent reason cited was formal or informal harassment by the police. Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
Lesbian, Gay, Bisexual and Transgender Network – Belarus (AILGBT-Belarus) has information on individuals who were granted asylum in Czech Republic, France, Netherlands, and Sweden. One 19 year old former Minsk resident resident received asylum in a Western country in May 2007 because his parents had been trying to change his sexual orientation by means of shock therapy
Electroconvulsive therapy
Electroconvulsive therapy , formerly known as electroshock, is a psychiatric treatment in which seizures are electrically induced in anesthetized patients for therapeutic effect. Its mode of action is unknown...
.
Political Figures Stands on LGBT Rights
The open support of lesbians and gays is not a popular position for a political movement in Belarus. In July 2001, the Organising Committee of the 1st Belarusian Youth Congress, voted against allowing delegates of Lambda Belarus to participate.In March 2002, a number of Belarusian media published the statements of Young Front
Malady Front
Young Front is a Belarusian youth movement and the largest democratic youth organisation of Belarus.-History:...
(the youth organisation of Belarusian Popular Front), which contained homophobic statements. Specifically, Young Front leader Pavel Severinetz published a letter where he called homosexuality “a death-worthy sin and perversion”. According to Severinetz the fact of the existence of homosexuals is “the result of spoiling and sinfulness in the world”.
In another incident, Belarusian sexual minorities attempted to make a formal statement of solidarity with victims of the Chernobyl disaster
Chernobyl disaster
The Chernobyl disaster was a nuclear accident that occurred on 26 April 1986 at the Chernobyl Nuclear Power Plant in Ukraine , which was under the direct jurisdiction of the central authorities in Moscow...
. This attempt created a backlash, which led to an opposition youth leader, Dmitry Dashkevich, stating on the radio program "Freedom Night" that Belarus is no place for gays, and that homosexuals are sick people and that the opposition would not enter into a dialogue with them. In addition, opposition leader Artur Finkevich stated that that all homosexuals need to settle on reservations, not with the "normal" people.
In September 2004, President Lukashenko
Alexander Lukashenko
Alexander Grigoryevich Lukashenko has been serving as the President of Belarus since 20 July 1994. Before his career as a politician, Lukashenko worked as director of a state-owned agricultural farm. Under Lukashenko's rule, Belarus has come to be viewed as a state whose conduct is out of line...
, in a speech before the Belarusian Security Council, said, "we have to show our society in the near future, what ‘they’ [EU and USA] are doing here, how they are trying to turn our girls into prostitutes, how they are feeding our citizens with illicit drugs, how they are spreading sexual perversion here, which methods they are employing”.
Gay life is still largely underground and most Belarusians consider homosexuality a disorder. Homophobic attitudes, suspicions and prejudices are still very strong. According to a survey by the Belorussian Lambda League for Sexual Equality (Lambda Belarus) in April 2002, 47% of Belarusians think that gays should be imprisoned. Young people increasingly tolerate homosexuality and show a growing interest in gay and lesbian culture. However, their interest remains part of youth popular culture and is often considered as a kind of fashion that will be outgrown and forgotten when they become adults. In 2007 Information Center TEMA and MyGomel.com organize a voting about react of Gomel region youth to sexual minorities. 47,6% had negative feelings to sexual and gender minorities, 10% want to criminalize homosexual relations.
Free Speech Rights
The internet provider Beltelecom (a monopoly telecom provider in Belarus), which controls the external gateway, tried to block access to gay sites, at least from internet clubs. Internet resources for gays and lesbians in Belarus have recently been operating without problems. However, access is blocked to Russian gay internet sites, including Gay.ru.The first gay parade held in the Commonwealth of Independent States
Commonwealth of Independent States
The Commonwealth of Independent States is a regional organization whose participating countries are former Soviet Republics, formed during the breakup of the Soviet Union....
was held in 2001 in Minsk. It was a peaceful march, with about 300 people in attendance. It soon became clear why it was so peaceful: the parade was held two days before the presidential elections and the parade became a convenient pretext for discrediting opposition candidates.
A private company in Belarus censored gay personal ads on its gay-oriented website, Apagay.com, today known as Gay.by. In response to complaints, the website owner first explained that they had the right to edit personal ads. Then they stated they were merely implementing recommendations, but did not state whose recommendations.
In July 1998, directors of the state National Television and Radio Company of Belarus prohibited the popular TV programs "King’s Hunt" and "It’s All Right, Mama" from using material featuring the "Singing Queens Show" on the grounds that the programs’ characters confessed they were gay.
The only specialised magazine for the LGBT community (Forum Lambda magazine) was published by Lambda Belarus in Russia and disseminated in Belarus from 1998 to 2002. The publication has been banned several times by the State Publishing Committee.
The main source of information about life of LGBT community in Belarus is the internet portal Gay.by. It is one of ten most visited sites in Belarus with a monthly audience of over 350,000 visitors. The creators of the web site encounter a lot of problems when trying to disseminate information about homosexuality. In December 2002, Belarusian State University in Minsk banned access to all gay internet resources. In March 2003 the administration of the internet café “Soyuz Online”, the biggest and most popular among gays in Minsk, blocked Gay.by. In January 2004, the national web hosting company N1.BY refused Gay.by its services. Earlier in 2003 the system administrator of "Krasnaya Banernaya" (RED.BY) banned the portal Gay.by from participating in banner exchange. On 10 May 2003, an unknown hacker
Hacker (computer security)
In computer security and everyday language, a hacker is someone who breaks into computers and computer networks. Hackers may be motivated by a multitude of reasons, including profit, protest, or because of the challenge...
broke into the Belarusian gay and lesbian web site Gay.by. The hacker deleted all topics on the site's forum and started a new thread containing an appeal to kill gays. In addition while downloading the home page of Gay.by the notification “PIDARS MUST DIE” and “STOP PIDARS IN BELARUS” appeared on the screen. The hacker’s break in was followed by telephone calls to the members of the site’s team with threats of physical violence.
In 2003, Lambda Belarus leader Edward Tarletski wrote a letter to the head of the Minsk Postal Service asking to explain why all international correspondence for Forum Lambda and Tarletski personally was always received open and damaged.
However a new line of sites keeps the Belarus LGBT audience well-informed and entertained. The first Belarus gay blog, sunshine.by since 2003 have been keeping abreast of all developments in the country, providing invaluable insight into the world of Gay, Lesbian, Bi and Transgender community of the country.
Gay Pride Controversies
Violations of the rights to freedom of expression and freedom of assemblyFreedom of assembly
Freedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right to come together and collectively express, promote, pursue and defend common interests...
in Belarus were repeatedly condemned by the international community.
After previous failed efforts, in 1999 a gay pride
Gay pride
LGBT pride or gay pride is the concept that lesbian, gay, bisexual, and transgender people should be proud of their sexual orientation and gender identity...
festival was organised by "Forum Lambda", a magazine for Belarusian gays and lesbians. The festival was supported by the UN Development Programme, studio Tatyana, United Way Belarus, IREX
IREX
IREX can mean:*The International Robot Exhibition, a robot trade fair held every two years in Tokyo, Japan*iRex Technologies, the company that produced the iLiad and the iRex Digital Reader 1000 ebook devices...
, the Titanic Club, and guests from Ukraine. The 1999 festival was a success.
In 2000, the organisers of the festival encountered great difficulty in preparing for the event. According to Edvard Tarletsky, head of the organising committee, the radio station Radio BA which was to cover the event and grant its dancehall for evening events received an order from the Presidential Administration not to do so. Other radio stations reportedly refused support on the same grounds, and events at other venues were also canceled. Orthodox Church-related groups demonstrated in Minsk against the Gay Festival the day before the festival was planned, on 9 September. The planned gay pride march through the city was banned by the city government 24 hours before it was due to take place, and authorities acted on the day to prevent festivities. Newspapers reported the outcome of the day. See and
In 2001 the Belarus government allegedly prohibited the Belarus Gay Pride Festival. On 3 August 2001 unidentified vandals, broke into and vandalised the flat of Lambda Belarus leader Andrei Babkin where fliers, posters and booklets of the festival “Gay Pride 2001” had been kept.
In 2002, days before Gay Pride 2002, Lambda Belarus leader Edward Tarletski was called to the Minsk police station where he was told that if a gay pride parade took place, “the police will not take any responsibility for possible disorder.” The police also threatened Tarletski with criminal prosecution in case of a street demonstration like it was in 2001.
In 2004, an international gay and lesbian festival was forced to be canceled. he organizing committee of the final (Belarusian) phase of the 4th International Moonbow Human Rights & Homo Cultural Festival and the first stage of this year's ILGCN (International Lesbian & Gay Cultural Network) World Lesbian and Gay World Conference 28–29 August 2004 were forced to cancel the event in Minsk. This came after authorities frightened a club owner into withdrawing his promise to host the event. In addition, threatening phone calls from authorities said foreigners trying to attend the event for workshops and discussions "would be immediately expelled from the country in keeping with the article of intervention in domestic affairs of the Republic of Belarus."
Apart from an annual march for the remembrance of Chernobyl disaster every year in April, no public demonstrations are allowed by the authorities. For example, on 10 May 2008, a group of gay activists asked permission to hold a picket next to a monument in the centre of Minsk.
On 27 October 2008, the same group asked permission to hold a protest in support of gay rights near the Russian Embassy in Minsk. Both events were not authorised. Because the country is currently not a member of the Council of Europe, Belarussian activists cannot appeal to the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
. It is the same group which decided to organise with Russian LGBT activists a Slavic Pride which is planned to alternate between Moscow and Minsk every year.
In January 2009, an event titled "The Right To Love" was planned and designed to raise public awareness about homophobia and discrimination against LGBT people in Belarus. Authorization was denied. LGBT activist Roman Mandrykin filed a complaint in the Court of the Central Borough of Gomel in response to this decision of the Gomel City Administration. In the text of the complaint, Mr. Mandrykin claims that the decision of the Gomel City Administration violated his right to the Freedom of Assembly
Freedom of assembly
Freedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right to come together and collectively express, promote, pursue and defend common interests...
, as guaranteed by Article 35 of the Constitution of Belarus. He adds that the local regulation, Regulation 299, is itself unconstitutional in that it imposes unreasonable burdens on those seeking to organize public gatherings. The organizers intend to pursue this claim until it is resolved and hope to be able to organize a gathering in 2010.
Month Against Homophobia
The "Month against Homophobia" was a campaign by Belorussian LGBT activists from 17 April to 17 May 2009 in MinskMinsk
- Ecological situation :The ecological situation is monitored by Republican Center of Radioactive and Environmental Control .During 2003–2008 the overall weight of contaminants increased from 186,000 to 247,400 tons. The change of gas as industrial fuel to mazut for financial reasons has worsened...
, Grodno and Luninets. It consisted of informational campaigns and events. The month was organized by Gayby.org, Gay.by, members of the League of Sexual Equality "Lambda", and Amnesty International (Belarus). More than fifty media outlets reported about the month's events. Belarusian media began to talk about gay and lesbian people.
Main aim of the month against Homophobia was to resist any kind of physical, moral and symbolic violence to people with a different sexual orientation and gender identity, to show solidarity to LGBT
LGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...
in the world who are unable to fight for their rights and to carry on a wider campaign for Human Rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
.
Recognition of LGBT Organizations
There is no official organization in Belarus that represent the interests of gays and lesbians in Belarus. The Women's Organization (Jyana), which was officially registered and working on "gender questions." Jyana, which protected young women in the country, recently announced that it soon will close. The men's organization, Republican Youth (Vstrecha) is not an LGBT-organisation, but conducts a great deal of work aimed at preventing HIV infection and AIDS among men who have sex with menMen who have sex with men
Men who have sex with men are male persons who engage in sexual activity with members of the same sex, regardless of how they identify themselves; many men choose not to accept sexual identities of homosexual or bisexual...
. Any other organization or initiative is working outside the legal framework.
- Belarusian initiative by sexual and gender equality http://www.belgueer.gay.by
- LGBT Human Rights Project Gaybelarus.byGaybelarus.byBelarusian LGBT Rights project “GayBelarus” is a civic association for gays, lesbians, bisexuals and transsexuals LGBT from all over the country. Head and founder of this organization is Sergey Androsenko .-Assembly:...
, the organizer of the upcoming Slavic Pride in May 2010 in Minsk - Vstrecha ["Meeting"], located in Minsk, http://www.vstrecha.by. The oldest gay group in Belarus, founded in the early 1990s. Activities include HIV/AIDS prevention; HIV+ support group.
- Gay Alliance Belarus was funded in 2008 and represent interests of LGBT community. Gay Alliance organized a national competition of Mister Gay Belarus and editin a national LGBT web site www.gayby.net and LGBT.BY
Legal status of LGBT Clubs
There is one gay club in Minsk and some clubs that conduct "closed parties." But recently the owners of these clubs are trying to maintain secrecy and not disclose the nature of the club.LGBT Rights in Education
In May 2003, the administration of the European Humanities University in Minsk banned a showing of the documentary “Outlawed” about discrimination of gays and lesbians all around the world. According to the University staff, the ban was made under pressure of the Russian Orthodox ChurchRussian Orthodox Church
The Russian Orthodox Church or, alternatively, the Moscow Patriarchate The ROC is often said to be the largest of the Eastern Orthodox churches in the world; including all the autocephalous churches under its umbrella, its adherents number over 150 million worldwide—about half of the 300 million...
.
Rights in the Military
According to the Belarusian Ministry of Defense and the Center for the Study of Sexual Minorities in the Military of the University of California, Santa BarbaraUniversity of California, Santa Barbara
The University of California, Santa Barbara, commonly known as UCSB or UC Santa Barbara, is a public research university and one of the 10 general campuses of the University of California system. The main campus is located on a site in Goleta, California, from Santa Barbara and northwest of Los...
, Belarus bans gays from serving in the military. AILGBT-Belarus has documented at least five cases of gay men from Gomel who did not serve in the army because of their sexual orientation. No cases of harassment of gays in the army are reported, but this may be the result of gay individuals hiding their sexuality.
Mental health care rights
A high percentage of suicide is observed amongst gays, lesbians, bisexuals and transsexuals. Qualified psychological help is not generally available. In Minsk, the capital of Belarus, three universities – Belarus State University, Belarus Pedagogical University and European Humanities UniversityEuropean Humanities University
EHU, the European Humanities University ) is a Belarusian university in Lithuania.From 1992 to 2004 EHU was a non-state establishment of undergraduate and post-graduate education in Belarus. In 2004, due to government opposition, EHU was forced to terminate its activities in Belarus...
– have full psychology courses in their curriculum but do not address the problems of sexual minorities.[1]
Summary table
| Same-sex sexual activity legal |  |
| Equal age of consent | |
| Anti-discrimination law |  |
| Same-sex marriage | |
| Recognition of same-sex couples | |
| Adoption by same-sex couples | |
| Gay men and women allowed to serve openly in the military | |
| Right to change legal gender | |
| MSM Men who have sex with men Men who have sex with men are male persons who engage in sexual activity with members of the same sex, regardless of how they identify themselves; many men choose not to accept sexual identities of homosexual or bisexual... s allowed to donate blood |
|
See also
- Human rights in BelarusHuman rights in BelarusSince the election of the country's first president, Aleksandr Lukashenko in July 1994, Lukashenko has steadily consolidated his power through authoritarian means. Government restrictions on freedom of speech and the press, peaceful assembly, and religion remain in place...
- LGBT rights in EuropeLGBT rights in EuropeLesbian, gay, bisexual, transgender rights are widely diverse in Europe per country. Seven out of the ten countries that have legalised same-sex marriage are situated in Europe; a further fourteen European countries have legalised civil unions or other forms of recognition for same-sex couples...