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Human Rights Watch
Oct 19 2013
Letter to Armenian President Regarding Proposal for Anti-LGBT Legislation
October 18, 2013
Serzh Sargsyan
President
Republic of Armenia
26 Marshal Baghramian Avenue
0077 Yerevan, Republic of Armenia
Cc:
Tigran Sargsyan
Prime Minister
Republic of Armenia
Republic Square, Government House 1
0010 Yerevan, Republic of Armenia
Hovik Abrahamyan
Speaker of the Parliament
National Assembly of Armenia
19 Marshal Baghramian Avenue
0095 Yerevan, Republic of Armenia
Dear Mr. Sargsyan,
We are writing to express our concern regarding a proposal for
legislative amendments that appeared on the website of the Police of
the Republic of Armenia on August 5. The proposals sought to add two
articles to the Code of Administrative Offenses outlawing the
`propaganda of nontraditional sexual relations,' a move that would be
in clear violation of freedom of expression and discriminate against
lesbian, gay, bisexual, and transgender (LGBT) people.
The police have since removed the proposal from its website, and media
reports indicate that there are no immediate plans for parliament to
consider it. However, we are concerned that other institutions may
seek to introduce similar proposals and ask that you ensure that such
measures are forcefully opposed as incompatible with international
human rights law and would not advance for parliamentary debate.
The proposal claimed the ban would `protect' Armenian families. It
would impose fines of up to 350 times Armenia's minimum wage on
citizens, public officials, and legal entities who breach the law. The
proposal did not define `propaganda' or `nontraditional sexual
relations.'
The broad wording of the proposal meant that it could have been used
to restrict the rights of human rights organizations, civil society
groups, or anyone else who works on issues such as the rights of LGBT
people or sex workers. It also would have discriminated against LGBT
people on grounds of their sexual orientation and gender identity.
Armenian civil society organizations learned of the proposal only when
it was published on the website of the Police of the Republic of
Armenia.
Measures such as those proposed by the police are illegal under
international human rights instruments that Armenia is obliged to
uphold. They impose unjustified - and therefore unlawful -
restrictions on the freedoms of expression and assembly, in violation
of articles 10 and 11 of the European Convention on Human Rights and
articles 19 and 21 of the International Covenant on Civil and
Political Rights. Armenia is a party to both. They also violate the
international prohibition on discrimination, guaranteed by both
instruments.
The Committee of Ministers of the Council of Europe has unanimously
adopted a set of recommendations (CM/Rec (2010)5) to member states,
including Armenia, on measures to combat discrimination on the grounds
of sexual orientation or gender identity. The recommendations invite
the member states to ensure that the stipulated principles and
measures are applied in national legislation, policies, and practices
relevant to the protection of LGBT people. Relevant recommendations
are:
1.Examine existing legislative and other measures, keep them under
review, and collect and analyze relevant data, in order to monitor and
redress any direct or indirect discrimination on grounds of sexual
orientation or gender identity;
1.Ensure that legislative and other measures are adopted and
effectively implemented to combat discrimination on grounds of sexual
orientation or gender identity, to ensure respect for the human rights
of lesbian, gay, bisexual, and transgender persons and to promote
tolerance towards them.
Measures such as those in the proposal directly contradict the Council
of Europe recommendations.
Civil society organizations in Armenia have expressed concern over the
government's failure to protect the social, economic and political
rights of LGBT people. LGBT people continue to face discrimination in
accessing employment and healthcare, as well as violence in the army
and in families. The government has yet to pass a law banning hate
crimes in Armenia, leaving LGBT people vulnerable to abuses such as
the repeated homophobic attacks against the DIY pub during May 2012. A
draft law currently under consideration by parliament outlawing
discrimination on the grounds of sex, ethnicity, and age omits sexual
orientation from its considerations.
Any measures to limit LGBT peoples' freedom of expression and assembly
on the basis of their sexual or gender identity would further reflect
the Armenian government's noncompliance with its obligations to
promote tolerance towards LGBT people and protect them against
discrimination. They could also possibly condone homophobia and
transphobia, which contributes to a climate of hatred and violence.
We call on the Armenian government to support LGBT peoples' human
rights and take actions to curb the passage of any measures that
violate the European Convention on Human Rights and other
international instruments to which Armenia is party.
Sincerely,
Rachel Denber
Deputy Director
Europe and Central Asia Division
http://www.hrw.org/news/2013/10/18/letter-armenian-president-regarding-proposal-anti-lgbt-legislation
Oct 19 2013
Letter to Armenian President Regarding Proposal for Anti-LGBT Legislation
October 18, 2013
Serzh Sargsyan
President
Republic of Armenia
26 Marshal Baghramian Avenue
0077 Yerevan, Republic of Armenia
Cc:
Tigran Sargsyan
Prime Minister
Republic of Armenia
Republic Square, Government House 1
0010 Yerevan, Republic of Armenia
Hovik Abrahamyan
Speaker of the Parliament
National Assembly of Armenia
19 Marshal Baghramian Avenue
0095 Yerevan, Republic of Armenia
Dear Mr. Sargsyan,
We are writing to express our concern regarding a proposal for
legislative amendments that appeared on the website of the Police of
the Republic of Armenia on August 5. The proposals sought to add two
articles to the Code of Administrative Offenses outlawing the
`propaganda of nontraditional sexual relations,' a move that would be
in clear violation of freedom of expression and discriminate against
lesbian, gay, bisexual, and transgender (LGBT) people.
The police have since removed the proposal from its website, and media
reports indicate that there are no immediate plans for parliament to
consider it. However, we are concerned that other institutions may
seek to introduce similar proposals and ask that you ensure that such
measures are forcefully opposed as incompatible with international
human rights law and would not advance for parliamentary debate.
The proposal claimed the ban would `protect' Armenian families. It
would impose fines of up to 350 times Armenia's minimum wage on
citizens, public officials, and legal entities who breach the law. The
proposal did not define `propaganda' or `nontraditional sexual
relations.'
The broad wording of the proposal meant that it could have been used
to restrict the rights of human rights organizations, civil society
groups, or anyone else who works on issues such as the rights of LGBT
people or sex workers. It also would have discriminated against LGBT
people on grounds of their sexual orientation and gender identity.
Armenian civil society organizations learned of the proposal only when
it was published on the website of the Police of the Republic of
Armenia.
Measures such as those proposed by the police are illegal under
international human rights instruments that Armenia is obliged to
uphold. They impose unjustified - and therefore unlawful -
restrictions on the freedoms of expression and assembly, in violation
of articles 10 and 11 of the European Convention on Human Rights and
articles 19 and 21 of the International Covenant on Civil and
Political Rights. Armenia is a party to both. They also violate the
international prohibition on discrimination, guaranteed by both
instruments.
The Committee of Ministers of the Council of Europe has unanimously
adopted a set of recommendations (CM/Rec (2010)5) to member states,
including Armenia, on measures to combat discrimination on the grounds
of sexual orientation or gender identity. The recommendations invite
the member states to ensure that the stipulated principles and
measures are applied in national legislation, policies, and practices
relevant to the protection of LGBT people. Relevant recommendations
are:
1.Examine existing legislative and other measures, keep them under
review, and collect and analyze relevant data, in order to monitor and
redress any direct or indirect discrimination on grounds of sexual
orientation or gender identity;
1.Ensure that legislative and other measures are adopted and
effectively implemented to combat discrimination on grounds of sexual
orientation or gender identity, to ensure respect for the human rights
of lesbian, gay, bisexual, and transgender persons and to promote
tolerance towards them.
Measures such as those in the proposal directly contradict the Council
of Europe recommendations.
Civil society organizations in Armenia have expressed concern over the
government's failure to protect the social, economic and political
rights of LGBT people. LGBT people continue to face discrimination in
accessing employment and healthcare, as well as violence in the army
and in families. The government has yet to pass a law banning hate
crimes in Armenia, leaving LGBT people vulnerable to abuses such as
the repeated homophobic attacks against the DIY pub during May 2012. A
draft law currently under consideration by parliament outlawing
discrimination on the grounds of sex, ethnicity, and age omits sexual
orientation from its considerations.
Any measures to limit LGBT peoples' freedom of expression and assembly
on the basis of their sexual or gender identity would further reflect
the Armenian government's noncompliance with its obligations to
promote tolerance towards LGBT people and protect them against
discrimination. They could also possibly condone homophobia and
transphobia, which contributes to a climate of hatred and violence.
We call on the Armenian government to support LGBT peoples' human
rights and take actions to curb the passage of any measures that
violate the European Convention on Human Rights and other
international instruments to which Armenia is party.
Sincerely,
Rachel Denber
Deputy Director
Europe and Central Asia Division
http://www.hrw.org/news/2013/10/18/letter-armenian-president-regarding-proposal-anti-lgbt-legislation