Date: Sat, 9 Nov 1996 20:20:42 +0100 (MET)
From: steff@inet.uni-c.dk

EURO-LETTER=20

No. 45				     November 1996

THE EURO-LETTER IS PUBLISHED ON BEHALF OF ILGA - THE
INTERNATIONAL LESBIAN AND GAY ASSOCIATION - BY THE DANISH
NATIONAL ASSOCIATION FOR GAYS AND LESBIANS IN COOPERATION WITH
GAY AND LESBIAN INTERNATIONAL LOBBY. EDITORS: STEFFEN JENSEN,
KEN THOMASSEN, PETER BRYLD AND LISBETH ANDERSEN =20
Contact to Euro-Letter:=20
E-mail: steff@inet.uni-c.dk=20
URL: http://www.inet.uni-c.dk/~steff=20
Fax: +45 2036 7856=20
Tel: +45 3124 6435=20
Mobile: +45 2033 0840=20
Mail: c/o Steffen Jensen, Gl.
Kongevej 31, 4.th, DK-1610 Copenhagen V, Denmark =20
You can receive Euro-Letter by e-mail (send a message to the above
adress) and from no 30 onwards the Euro-Letters are avaiable on
the Internet at=20
http://fglb.qrd.org:8080/fqrd/assocs/ilga/euroletter.html
http://www.qrd.org/qrd/www/orgs/ILGA/euroletter =20
You can find a
link to Euro-Letters at http://www.inet.uni-c.dk/~steff=20

IN THIS ISSUE

ROMANIA
PROPOSAL IN ROMANIAN PARLIAMENT TO EXPAND BAN ON HOMOSEXUALS
BACKGROUND INFORMATION
RESOLUTION IN EUROPEAN PARLIAMENT ON ROMANIA
ROMANIA ALTERS ANTI-GAY LEGISLATION
RIGHT-WING ROMANIANS RANT
ITALY AND AUSTRIA CALL FOR SWEEPING EU RIGHTS CLAUSE
ITALY AND AUSTRIA CALL FOR SWEEPING EU RIGHTS CLAUSE
EUROPEAN PARLIAMENT REPEATS ITS COMMITMENT TO LESBIAN AND GAY RIGHTS
NEW EUROPEAN WEB SITE: Grand Place
DEATH PENALTY FOR HOMOSEXUALITY IN CHECHNIA?
EUROPEAN GAY/LESBIAN SOCIALIST MEETING
KOLN 97 INVITATION
NO EQUALITY FOR PORTUGUESE GAYS
VATICAN COUNCIL CONDEMS EUROPEAN `DEMOGRAPHIC WINTER'
OSCE LISBON SUMMIT
ORAL STATEMENT to the OSCE REVIEW CONFERENCE, Vienna, November 1996
WRITTEN PRESENTATION to the OSCE REVIEW CONFERENCE, Vienna, November 1996
Fact Sheet: NATIONWIDE LEGAL PROTECTION FROM DISCRIMINATIION BASED ON SEX=
UAL ORIENTATION

An update of the Survey on the Legal Situation for Gays and
Lesbians in Europe and guides to the structure of the European
Union, the Council of Europe and The Organisation for Security
and Cooperation in Europe can be found on this URL:=20

http://www.inet.uni-c.dk/~steff/glil.htm


ROMANIA
In the past two month the legal situation for lesbians and gay
men in Romania has changed twice. The following five articles
show the development.

PROPOSAL IN ROMANIAN PARLIAMENT TO EXPAND BAN ON HOMOSEXUALS
By Ion Iacos

BUCHAREST, Romania -- Showing utter contempt for its obligations
under European and international law, Romania's Chamber of
Deputies voted overwhelmingly on 10 September to continue
condemning homosexuals to prison for all consensual same-sex
relations, and to establish stiff new prison terms for members
of gay associations. =20

The Chamber approved the measure despite repeated appeals from
Amnesty International, other leading nongovernmental and
intergovernmental organizations, and hundreds of concerned
individuals from around the world, calling on Romania to end its
oppressive treatment of gays and to assume its place in the
modern world. Romania remains the only member state of the
Council of Europe which continues to prosecute consensual
same-sex relations.  Several other Council members -- including
the Netherlands, the United Kingdom, and Denmark -- have
expressed strong objections in recent months to Romania's
ill-treatment of gays and lesbians.

The anti-gay measures adopted by the Chamber of Deputies are
more severe than those enacted by Romania's former communist
regime.

These measures were drafted by Romania's new justice minister,
Ion Predescu, as an effort to revise Article 200 of the penal
code (which specifically criminalises homosexuality) as part of
a larger penal code "reform" process.  Mr. Predescu's proposal,
presented in the midst of a heated presidential and parliamentay
electoral campaign, received the support of the ruling
Government party (PDSR) and an overwhelming majority of
opposition parties.

The text approved by the Chamber of Deputies reads as follows:

Sexual relations between persons of the same sex are punishable
by six months to three years' imprisonment.

Sexual relations between persons of the same sex, taking place
in public, or producing a public scandal, are punishable by one
to five years imprisonment.

If the act provided for in paragraph 1 is committed against a=20
minor, it is punishable by two to seven years imprisonment and
the denial of rights.

If the act provided for in paragraph 1 is committed under duress
or against a person unable to defend himself (or herself) or to
express his (or her) will, are punishable with three to ten
years'imprisonment and the denial of rights.

If the acts provided for in paragraphs two or three are causing
serious injury to bodily integrity or to health, the penalty is
five to fifteen years imprisonment and the denial of rights. If
it is followed by victim's death or suicide, the penalty is
fifteen to twentyfive years imprisonment and the denial of
rights.

Enticing or seducing a person to practise same sex acts, as well
as propaganda, associations or any other forms of proselytizing
with the same aim are punishable by one to five years'
imprisonment.


THE PENAL CODE REFORM PROCESS IS NOT YET COMPLETED!!  In
February, the Romanian Senate approved a version of Article 200
that is similar, but not identical, to that passed by the
Chamber. Once the Chamber of Deputies completes action on the
entire penal code -- probably next week -- a mediation Committee
comprised of representatives of the two chambers must meet to
work out differences between their versions of Article 200.
Local human rights monitors fear that the Senate will ultimately
adopt the version drafted by the Chamber of Deputies, given the
tremendous political pressure to finish action on the penal code
before general elections in November.

While the Romanian Constitution allows the President of Romania
or members of Parliament to refer draft laws to the
Constitutional Court for review, the Chamber of Deputies has
already declared its determination to overturn any
Constitutional Court decision challenging the constitutionality
of the Chamber's anti-gay measures. Members of Parliament may
overturn Constitutional Court decisions with a 2/3 vote of both
chambers.

=20
BACKGROUND INFORMATION

Amnesty International considers individuals imprisoned solely
because of their practice of consensual homosexual acts between
adults in private to be prisoners of conscience. Article 200,
paragraph 1, of the Romanian Penal Code adopted in 1968, was
reviewed by the Constitutional Court of Romania in 1994. The
court ruling allowed for the prosecution of only those acts
which were "committed in public or produced public scandal".
However, the ruling did not provide guidelines for applying
these standards, nor did it define "public scandal". Therefore
the enforcement of the law continued to lead to imprisonment of
adults solely for engaging in consensual homosexual relations in
private.

In October 1993, Romania was accepted as a member of the Council
of Europe on condition that it brought several aspects of
domestic law and practice into line with the European Convention
for the Protection of Human Rights and Fundamental Freedoms. One
of the conditions stipulated that the Penal Code should be
amended so that homosexual acts in private between consenting
adults were no longer penalized.

According to information published by the Ministry of Justice in
October 1995, 14 men were imprisoned under Article 200,
paragraph 1, in 1993 and 1994. In 1995, Amnesty International
called on the Romanian authorities to release five men who had
been detained under this law and who were considered to be
prisoners of conscience.  All five were released later in 1995.=20
Amnesty International has received reports that some of those
detained under Article 200 have been subjected to ill-treatment.
=20

RESOLUTION IN EUROPEAN PARLIAMENT ON ROMANIA
By Hein Verkerk

This is the draft resolution that was debated thursday 19
september 1996 in European Parliament Strassburg. The Romanian
government tried to stop this debate and resolution by sending a
letter to the Chiarpersons of the political group, arguing that
the legislative process is not ended yet.

EUROPEAN PARLIAMENT
18 September 1996
JOINT MOTION FOR A RESOLUTION

pursuant to Rule 47 of the Rules of Procedure

by Mrs d'Ancona and Mr David, on behalf of the PSE Group=20
Mr Vinci, Mr Pettinari, Mr Paillier, Mr Gutierrez Diaz and Mr
Svensson, on behalf of the GUE/NGL Group
Mr Ripa di Meana, Mrs Roth and Mr M=81ller, on behalf of the V
Group
Mr Dupuis and Mr Dell'Alba, on behalf of the ARE Group

replacing the motions by

Mr Vinci and others, on behalf of the GUE/NGL Group (B4-1057/96)
Mr Ripa di Meana, on behalf of the V Group (B4-1063/96)
Mr Dupuis and Mr Pradier, on behalf of the ARE Group (B4-1081/96)

on stiffer penalties for homosexuals in Romania

The European Parliament,

having regard to the Universal Declaration of Human Rights,

having regard to the European Convention for the Protection of
Human Rights and Fundamental Freedoms,

having regard to its previous resolution on Romania,

A. shocked at the decision of the Romanian Chamber of Deputies
to introduce stiffer penalties for any homosexual relations
between consenting adults in the context of a revision of the
Romanian Penal Code,

B. whereas homosexuality is now subject in Romania to prison
sentences of between six months and three years and the proposal
to amend Article 200 of the Penal Code would make acts of
homosexuality punishable by up to five years' imprisonment,

C. whereas the Parliamentary Assembly of the Council of Europe,
among others, has called on Romania to decriminalize same-sex
relationships,

D. whereas the law will only come into force if a compromise
text is approved by both Chambers and signed by the President of
the Republic of Romania,

1. Expresses its profound indignation at these decisions by the
Romanian Parliament and condemns any attempt to criminalize
sexual relations between adults of the same sex;

2. Calls on the President of Romania to use all his powers to
prevent the entry into force of the proposed amendments to the
Penal Code;

3. Recalls the importance it attaches to respect for human
rights and calls on the Government of Romania to adhere to its
undertakings to the Council of Europe to repeal all laws
repressing homosexuality;

4. Calls on the Commission, the Council and the Member States,
each within their respective spheres of responsibility, to exert
pressure to prevent discriminatory provisions from being adopted;

5. Instructs its President to forward this resolution to the
Council, the Commission, the Council of Europe and the
President, Government and Parliament of Romania.


ROMANIA ALTERS ANTI-GAY LEGISLATION
By Rex Wockner

Following an outcry from European officials, Romania's Chamber
of Deputies Sept. 25 deleted a section of an already-passed bill
that would have punished private gay sex between adults with up
to three years in prison.

But they retained a section that will punish gay sex that causes
"public scandal" with up to five years in prison and another
section that bans gay "propaganda, associations or ...
proselytizing" under threat of five years in jail.

The remaining proposals advance to the Senate then to President
Iliescu for his signature. An old Communist-era law currently
bans all gay sex in Romania.


RIGHT-WING ROMANIANS RANT
ILGA press release

While the Romanian government retreated from its recent proposal
to make homosexuality illegal, the new legislation is still
problematic. The new penal code outlaws lesbian and gay
associations, as well as the sex which causes "public scandal".
Government officials or police could easily use such as unclear
prohibition to harass lesbians and gay men. Continued worldwide
protest is expected, and ILGA will try to keep you informed of
new developments.

In the meantime, comments made during the debate on the penal
code were reported on in the 4 October issue of Transition from
the Open Media Research Institute (OMRI). Three deputies from
the opposition National Peasant Party Christian Democratic made
it clear that Romanian lesbians and gay men have no
possibilities to appeal to elected officials for support.=20

The deputies proposed that special control teams be set up to
inspect homes for signs of homosexual behaviour. One of the
deputies, Emil Popescu, said that "incest is preferable to
homosexuality," because it "gives breeding a chance." Another
deputy from the same party, Joria Pascu, claimed incorrectly
that homosexual relations are unknown in the "animal world" with
the exception of ducks, "which are known to be the most stupid
among birds."

While no protest so far has been announced by duck-loving
organizations, ILGA member, ACCEPT, in Bucharest, are working
out their next strategies and statements in the fight for the
right to love for lesbian, gay, and bisexual romanians.


ITALY AND AUSTRIA CALL FOR SWEEPING EU RIGHTS CLAUSE

LUXEMBOURG, Oct 1 (Reuter) - Italy and Austria called on Tuesday
for a sweeping human rights clause to be incorporated in the
European Union treaty and for the bloc to be given the power to
penalise member  countries that do not comply.

The two countries also called for the EU as a body to sign up to
the European Convention on Human Rights and for EU to respect
other international contitutional instruments.

At a joint news conference, Italian Foreign Minister Lamberto
Dini and Austrian Vice Chancellor Wolfgang Schuessel said their
proposal was designed to underline to citizens the benefits of
being part of the Union.

"We fell that Europe must become a comprehensive and
understandable process to the citizen," Schuessel said.

The proposal -- which will be presented to the EU's
inter-governmental conference (IGC) that is negotiating a new
treaty -- would prohibit discrimination across the bloc on a
broad range of grounds.

"The Union shall ensure that no discrimination on grounds
particularly of race, colour, nationality, sex, language,
religion, political or other opinion, ... disability, (or)
sexual preference," a proposed treaty text said.

It also formally pledged the Union to combatting "racism,
anti-Semitism, xenophobia, intolerance, (and) sexism...."

In what is likely to be among the most controversial aspects of
the proposal, the two countries said any EU member that
persistently breached any of these rights should, after due
process, have certain benefits within the Union suspended.

"If a member state infringes...rights, then there must be
penalties," Schuessel said.

The two countries said it was also important that the EU sign up
to the Convention on Human Rights and that all EU laws should be
completely accessible to the bloc's citizens.

The European Court of Justice has ruled that the EU currently
lacks the standing to accede as a body to the human rights
convention.


Let the Lobbying Begin:=20
ILGA DEMANDING LESBIAN AND GAY RIGHTS IN THE EU
By Andy Quan, ILGA Coordinator.

lobbying underway in Ireland
Austrian support causes confusion
IGC seminar planned in Amsterdam
EGALITE and ILGA campaign for signatures=20

Lobbying is underway for the inclusion of an anti-discrimination
clause that includes sexual preference in the new revision of
the Maastricht treaty. The Irish government, who currently holds
the EU presidency, is in support of such a clause, and ILGA
member GLEN (the Gay and Lesbian Equality Network) of Ireland is
working to ensure that this support is vocal and effective.=20

Recently, Italian Foreign Minister Lamberto Dini and Austrian
Vice Chancellor Wolfgang Schuessel spoke on behalf of their
governments in indicating support for such a clause. According
to a Reuters report, they also asked for the European Union to
be given the power to penalise member countries that do not
comply, and for the EU as a body to sign up to the European
Convention on Human Rights and for EU to respect other
international constitutional instruments. Their supported human
rights clause specifically mentions sexual orientation, and the
two countries go so far as to say that any EU member that
persistently breaches any of these rights should, after due
process, have certain benefits within the Union suspended.

In Austria's case, this is ironic since they have various
anti-gay and discriminatory legislation still on their books,
such as an unequal age of consent, (18 for gay men, 14 for
lesbians and heterosexuals) and two articles which prohibit
"propaganda" for homosexuality, and to "found, recruit or be a
member in a gay and lesbian organization." Long-time ILGA
activist, Kurt Krickler of Vienna said  "This comes as a big
surprise for us because Austria has the severest anti-homosexual
legislation in the whole of Europe and Schuessel is the leader
of the Christian Democratic Party which has been strongly
opposing the repeal of these laws for the last 10 years.

Who knows? Maybe the Austrian governent prefers outside pressure
to convince the Austrian public of the need for reform."=20

Meanwhile, the Dutch national group, COC-NVIH, is preparing to
host a meeting and seminar on the Intergovernmental conference
December 7, 1996, in Amsterdam, as part of COC's 50th
Anniversary activities. Members from the European Parliament
will be attending including the two past winners of the EGALITE
award (for public figures who have advanced lesbian and gay
rights in Europe) - Peter Pex and Claudia Roth. Fellow MEP Nel
Van Dijk will be chairing the meeting.=20

Finally, ILGA in conjunction with EGALITE has gathered a list of
67 European groups who have signed a statement demanding of an
anti-discrimination clause including sexual orientation. The
list of signatories and a copy of the statement appears at the
end of this report. EGALITE is a group of over 300 gay men and
lesbians working in and around the European Institutions. Recent
success includes the extension of limited benefits to same-sex
partners of Commission employees. ILGA is an international
federation of 450 groups and individuals from 80 countries. ILGA
spoke at a public hearing for the IGC. Last year, ILGA managed a
211,000 ECU EU-funded project in Eastern Europe.

The purpose of the Intergovernmental Conference is to rehaul the
Maastricht Treat by making it more democratic and effective and
bringing it closer to the ordinary citizen. The inclusion of
anti-discrimination clause that includes sexual orientation
would be an incredible global victory for lesbian, gay, bisexual
and transgender people. The European Parliament's 1994
Resolution on the Equality of Rights for Homosexuals and
Lesbians in the Community was used by activists from Bermuda to
Latvia to lobby their governments on lesbian and gay rights. A
clear recognition of lesbian and gay human rights by one of the
world's major political and economic power blocs would have
symbolic and practical implications. The next developments for
the Intergovernmental conference will be the Dublin European
Council II meeting, 13 and 14 of December. In June 1997, the
Amsterdam European Council is expected to be the end of the
conference.=20

IGC STATEMENT FROM LESBIANS AND GAYS
"The European gay and lesbian organizations that have signed
this statement demand that the follow-up treaty to the
Maastricht Treaty on European Union include an
anti-discrimination clause covering sexual orientation.

Such a clause has been recommended by the European Parliament
and is included in the Reflection Group Report that the December
1995 Madrid summit saw as a proper basis for discussion for a
new treaty.

We consider an anti-discrimination clause to be a precondition
for further steps to establish equal treatment of all European
Union citizens."=20


EUROPEAN PARLIAMENT REPEATS ITS COMMITMENT TO LESBIAN AND GAY=20
RIGHTS
ILGA press release

On September 15, the European Parliament adopted a resolution on
human rights in the European Union that includes a call to
banish discrimination on the basis of sexual orientation. The
resolution includes the following statement: "In accordance with
the terms of the February 8 1994 Resolution on the Equality of
Rights for Homosexuals and Lesbians in the Community, the
Parliament asks that all discrimination and/or inequality of
treatment must be abolished concerning homosexuals, especially
referring to differences that persist on the age of consent for
homosexuals, and discrimination concerning the right to work,
and in penal, civil, contractual, social and economic law."
(freely translated)=20

Resolution A4-0223/96 is an eight page resolution covering
issues as diverse as prisoners, torture, respect of the family,
and more. The resolution on homosexuality refers to the motion
of the commune of Verone of 14 July 1995 (which condemned the
European Parliament's earlier resolution) and replies to some
other petitions from Germany, Spain and Italy.


NEW EUROPEAN WEB SITE: Grand Place
By Alan Reekie

Largely by accident, I have discovered a new official European
Union Web site which has been set up to provide a convenient
source of information on European NGOs and their activities with
particular connection to the current Intergovernmental
Conference (IGC). So far it has not been publicised effectively,
but that could change. It occurs to me to suggest that you
mention it in the Euroletter, especially if ILGA European Region
can organise a contribution to appear there, eg drawing
attention to the EuroParliament and Reflection Group's calls for
a broad non-discrimination Article explicitly banning
discrimination on grounds of sexual orientation.=20

The URL is: http://www.eurplace.org (e-mail can be sent to
eurit@eurit.it)


DEATH PENALTY FOR HOMOSEXUALITY IN CHECHNIA?
ILGA press release

According to the Chechen and Russian media, Checen separatists
are proposing a new Penal code which includes an anti-sodomy law
with punishment from five years in prison to the death penalty.
The Triangle Centre, a Moscow-based Gay, Lesbian and Bisexual
organization, and member of ILGA, reports that since coming to
power, the Chechen separatists are looking at basing the new
penal code on Muslim norms.

Roman Kalinin and Eugenia Debrianskaya, on behalf of Triangle,
said yesterday, "We know that many European countries and
European and Russian democratic organizations supported the
Chechnian separatists in their fight against the Russian army.
We did it too. Now, it is obvious that the price of peace will
be paid by thousands of lives of non-orthodox Chechnian
citizens, our brothers and sisters."

They ask for support in protesting these proposals. Keep on the
alert for an ILGA/IGLHRC action alert soon! We'll report as soon
as we get more information and addresses for protest!=20


EUROPEAN GAY/LESBIAN SOCIALIST MEETING
By Ren=82 Lalement

On the  occasion  of Europride '97, which   will be held   in
Paris, the French association  "Homosexualites et Socialisme"=20
(HES), is planning a meeting of European gay/lesbian socialist
groups.

HES is independent from, but  related to the  Socialist Party
(PS).  Its aim is to relay  the agenda of the  French G&L
organizations to the  PS, and to participate, along with them,
in the reflection about homosexuals and society.

If you are a member of such a group, or of a
politically-oriented group which could be interested by this
meeting, please contact :

HES
BP 414, 75527 Paris cedex 11, France
Tel : 33 + (0)1 46 59 01 00
Web: http://fglb.qrd.org:8080/fqrd/assocs/hes/hes.html
email : smartinet@gaipied.fr, rl@enpc.fr


KOLN 97 INVITATION
ILGA press release

The ILGA World Conference is the important international
gathering for lesbian, gay, bisexual and transgender activists.
Since the first meeting in Coventry, England in 1978, ILGA's
international conferences have been held all over the Europe, in
North America and in recent years, in Latin America.

ILGA's last World Conference in Rio in June 1995 bringing
together more than 300 delegates from almost 60 nations.

We're expecting a huge conference. After Rio, for the first
time, ILGA did not hold a conference during the next calendar
year, and the name of the conference changed from Annual
Conference to World Conference. Add to that, the fact that the
majority of ILGA's members come from Europe (over 50% from
Western and Eastern Europe), and that this conference will be in
Europe, a closer proximity than Brazil. And that the number of
participants increase at every conference. After two years of no
ILGA World Conferences, we're hoping for and expecting the
largest and most diverse participation ever!

Plan ahead! The conference organizers and ILGA issue this
special invitation to all of you:

Dear friends,
Coinciding with its 25th anniversary, the group, Lesbian and Gay
Liberation Front (LGLF), Cologne will be organizing the next
ILGA World Conference, ten years after it successfully held the
1987 ILGA World Conference. From June 29 to July 5, 1997 ILGA
World Conference will take place in Cologne,Germany, the city
which is number four of the lesbian and gay capitals of the
world.

The conference sites are directly on the river Rhine and are
handicapped accesible.

The conference, which has the motto "CHALLENGE & PRIDE",  will
focus on the following issues:

- Human rights and the violation of human rights
- lesbian and gay lobby work in international organisations (UN,
Amnesty International, OSCE, Council of Europe, EU)
- the economic dimension of lesbian and gay liberation work
- trade unions=20
- the worldwide dimension of HIV and AIDS
- media, information and communication technology and their
potentials
- lesbian and gay people with disabilities

..and much more

In addtion, on June 29 there will be one-day pre-conference with
the topic: "Ideology, Religion and Homophobia".

An attractive social program will accompany the conference: an
opening gala with many stars, a boat tour on the Rhine, and
more. The 'grand finale' will be Germany's biggest Christopher
Street Days parade, where more than 500.000 visitors are
expected.

Registration forms are available by mid November in the Internet
at ilga@macman.org, from lglf and in the next ILGA Bulletin.=20

Suggestions for workshops, as well as questions and
registrations please send to:

lglf ILGA 97
Kartaeuserwall 18
D-50678 Koeln
Tel./Fax: +49-221-93 18 80 16
e-mail: lglf@aol.com or: ilga@macman.org

Information is also available at: http://www. macman. org/ilga

For donations and registration fees please use the following
bank account:

Kreissparkasse Koeln
BLZ: 370 502 99
Konto-Nr. 20491

LGLF and ILGA are looking forward to seeing you in Cologne!


NO EQUALITY FOR PORTUGUESE GAYS
By Rex Wockner

Portugal's Socialist government has no intention of adding
homosexuals to the list of protected minorities in Article 13 of
the federal constitution, spokesman MP Nuno Baltazar Mendez told
a Sept. 18 forum sponsored by the gay group ILGA-Portugal.

The forum was billed as Portugal's "first national debate on
homosexual rights."

Baltazar claimed protecting gays from discrimination would lead
to legal gay marriage which, he said, Portugal is not ready to
accept.

Meanwhile, the government of Lisbon has given ILGA office space
in the city center and Lisbon City Hall has become a sponsor of
the city's first Lesbian and Gay Film Festival, scheduled for
September 1997.


VATICAN COUNCIL CONDEMS EUROPEAN `DEMOGRAPHIC WINTER'
By Daniel J. Wakin, Associated Press Writer

VATICAN CITY (AP) - With a scathing attack on the European
Union, a Vatican council Friday called for a new campaign of
family values to combat the continent's "demographic winter.',

The Pontifical Council for the Family partly laid the blame for
Europe's falling fertility rates on "the demands of a (consumer)
society and higher costs at raising children." It also cited
motherhood's "low esteem" stemming from too much emphasis on a
woman's activities outside the home.

The council, an advisory body under the authority of Pope John
Paul II, took to task the European Union for funding population
control programs in developing countries as a form of
"neo-colonialism." It said the EU was guilty of introducing
ilspurious" rights to reproductive health, homosexuality and
abortion.

"In the face of widespread indifference to reality, Europe's
demographic crisis has been compared to the Titanic, when those
on board continued to order more champagne as the ship steadily
sank," the council said.

The council's stance reflected long-standing Vatican policy,
most vigorously pushed by the Holy See at the 1994 U.N.
population conference in Cairo. The document released Friday
followed a meeting in Rome last week on the family and
demography in Furope.

The council took note of Europe's falling number of marriages,
growing number of children born outside of wedlock, more
cohabitation and higher divorce rates and postponed
child-bearing.

"The ideological factors behind Europe's `demographic winter'
must never be forgotten," the council said.

"Europe is currently dominated by well-placed minority groups
opposed to the family. The individualistic model of the person
can frequently by linked to the anti-life mentality and
anti-life propaganda," it said.

The council also blamed the widespread use of contraception and
"a sterile sexuality ... promoted by the mass media and through
promiscuity, pornography and homosexualism."

It concluded that the Europe's rebirth "depends largely on a
rediscovery of the family," and called for tax reform, better
housing, family subsidies and maternity allowances as practical
steps.


OSCE LISBON SUMMIT
By Kurt Krickler

The OSCE Lisbon Summit will be the "conclusion" of the Vienna
Review Conference which started recently. The Document prepared
here will be signed at the Summit in Lisbon by all OSCE heads of
state/government; for this purpose, the whole OSCE circus will
move from Vienna to Portugal at the end of this month.

There is no need for ILGA to go to Lisbon for this occasion
because there is not really much to do there as an NGO, the
Document will be prepared here in Vienna, "sexual orientation"
is not a topic yet. I started to talk with some delegations
about this (Norway, Austria) but my first priority was to
prepare an oral statement which I delivered in Working Group 1
on behalf of ILGA (see below). I hope an ILGA representative
(John Clark, Tom Lavell or me again) will be able to give
another statement on Friday (8 Nov.) referring to the general
agenda item "Tolerance and Non-discrimination".


ORAL STATEMENT to the OSCE REVIEW CONFERENCE, Vienna, November
1996
delivered by the International Lesbian and Gay Association
(ILGA) [Kurt Krickler] in WORKING GROUP 1(c)

Review of the Implementation of OSCE Commitments in the Human
Dimension

AGENDA ITEM I:
Human Rights and Fundamental Freedoms, including
A) freedom of thought, conscience, religion or belief
B) freedom of expression
C) freedom of association and peaceful assembly
(5 November 1996)

Mr. Chairman, distinguished delegates,

Thank you for giving me the opportunity to speak today on behalf
of the "International Lesbian and Gay Association" (ILGA), which
is a world-wide federation of more than 300 organisations
fighting for the human rights of lesbian women and gay men.

In the context of today's agenda item, the International Lesbian
and Gay Association must constate that the rights and freedoms
of expression, association and peaceful assembly of lesbians and
gay men are not fully respected in all OSCE participating
States. Here in Austria, the host country of this meeting, it is
still a criminal offense to spread positive information on
homosexuality or to found, recruit, or be a member in a lesbian
and gay organisation if this organisation causes "public
scandal" which is a very elastic and problematic notion. These
provisions are a clear unjustified restriction of the
fundamental freedom of expression, association and peaceful
assembly and therefore a clear human rights violation. These
provisions in the Austrian penal code provide for sentences of
up to six months imprisonment. These criminal laws are a
permanent intimidation of gays and lesbians in Austria. The law
against "advertising homosexuality" is also a severe impediment
to effective AIDS prevention for gay men. On several occasions,
AIDS prevention material imported from Germany has been
confiscated in Austria because this material was considered to
"advertise homosexuality".

Moreover, this ban on positive information and on lesbian and
gay organisations in Austria was just recently used as a
justification by the mayor of a big city in Austria to refuse to
rent out the city's convention hall for an all-Austrian gay and
lesbian conference. This conference, which eventually took place
last weekend, had to rent meeting facilities in a private hotel.

This Review Conference should also be alarmed about the fact
that one of the government parties has introduced a Bill in
Austrian Parliament to even tighten up these provisions. This
Bill will be voted upon on 27 November 1996. We, therefore,
appeal to all OSCE participating States, and especially to the
other member states of the European Union, to exert pressure on
the Austrian Government and Parliament not to sharpen these laws
but, instead, to completely repeal them. This would be in line
with Recommendations and Resolutions of both the Council of
Europe and the European Parliament which, on 17 September 1996,
has confirmed in Resolution A4-0223/96 its earlier Resolution of
8 February 1994 (which, by the way, is included in ILGA's
Written Presentation to this Review Conference) demanding that
all discrimination against homosexual women and men be abolished
and all inequality of treatment of gays and lesbians be eliminated.

Unfortunately, Austria is not the only OSCE country that
violates the freedom of expression and association of gays and
lesbians. We have to mention that Liechtenstein has the same
articles in its penal code, directly taken from the Austrian
one. Romania, on the occasion of repealing the total ban on
homosexuality this Fall, has also introduced new anti-homosexual
legislation in its penal code which also constitutes a severe
and heavy human rights violation. The new Romanian legislation
prohibits "propaganda, organizing, associating and any other
forms of proselytism" in the context of homosexuality and
provides for up to 5 years imprisonment for this offence.
"Proselytism" should here only be used with quotation marks
because today we have enough scientific proof that homosexuality
cannot be subject for proselytism. Modern science has obviously
not yet made its appearance in Romanian Parliament.

Unfortunately, we have also to report a severe incidence of
violating freedom of expression and association that occured in
Bulgaria last July when the police raided the office of
"Flamingo", a gay group in Sofia which publishes a gay magazine
and runs a book and video shop there. The brutal police attack
against this group also involved the confiscation of files,
correspondance, merchandise, computers and other technical
equipment. According to the reports we receive from Bulgaria,
there is a systematic harrassment of gays and lesbians going on
in this country.

Before I conclude, I want to focus on one aspect which we
consider very important in the discussion about freedom of
expression and religion and which are the tensions and conflicts
involved with these two freedoms. We think there must be
limitations to the freedom of expression and religion.
Invididuals, religious or other groups who express hate speeches
or even call for violence against certain groups, who reinforce
prejudice and hatred against certain minorities should be
restricted in their anti-democratic action by
anti-discrimination provisions protecting vulnerable groups from
such verbal violence. Such limitations must also be valid for
the dominating religions in one country. Again, I have to give
an example from the host country: A few weeks ago, the Catholic
Church in one of the Austrian provinces issued an incredibly
discriminating "Document" against homosexuality which reminded
people of the medieval pogroms against Jews or the witchhunt of
the Inquisition.

Hate speeches which violate the human dignity of individuals or
groups are a clear abuse of the freedom of expression. Any
attempt to misuse freedom of religion to sow hate against
certain groups must also be strictly rejected. Such
irresponsible abuse cannot be tolerated in a society which
respects human rights and fundamental freedoms.

Thank you, Mr. Chairman.=20


WRITTEN PRESENTATION to the OSCE REVIEW CONFERENCE, Vienna,
November 1996
submitted by the INTERNATIONAL LESBIAN AND GAY ASSOCIATION (ILGA)
By Kurt Krickler

Discrimination on the Basis of Sexual Orientation is a Violation
of Human Rights

In past years, non-discrimination on the basis of sexual
orientation as a human rights obligation has received increasing
attention at the international level and has been acknowledged
as a relevant issue at several international and regional human
rights platforms and bodies. It has been discussed, for example,
both at the 2nd United Nations World Conference on Human Rights
which took place here in Vienna three years ago, and at the 4th
United Nations World Conference on Women in Beijing last year.

Acknowledging non-discrimination based on sexual orientation as
a human rights issue

The pioneer in this respect was the Parliamentary Assembly of
the Council of Europe which adopted - as early as in 1981 -
Recommendation 924 condemning all legal and social
discrimination against homosexuals.

On three occasions, the European Court of Human Rights ruled the
prohibition of homosexuality among consenting adults to be a
violation of the European Convention on Human Rights. Since
1993, the Council of Europe has made it a precondi-tion for the
admission of a new member to change any such legislation.
Moldova, Albania, and Russia, for example, decriminalized
homosexuality before being admitted to the Council, Romania and
Macedonia committed themselves to repeal their total ban on
homosexuality in due time after their admission to the Council
of Europe - an obligation which Romania, by the way, has failed
to honour even three years after agreeing to it.

In 1994, the United Nations Human Rights Committee ruled (in
Toonen vs. Australia) 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 (ICCPR).
The Committee ruled that criminal laws prohibiting homosexuality
among consenting adults violate Article 17 of the ICCPR.
Additionally, the UN Human Rights Committee noted in its
decision that "the reference to 'sex' in articles 2 (1) and 26
[of the ICCPR] is to be taken as including sexual orientation".
For us in the lesbian and gay rights movement, this is the most
important decision to date in international human rights law.

Another recent landmark achievement was the adoption of the
"Resolution on equal rights for homosexuals and lesbians in the
EC" by the European Parliament in February 1994. In this
Resolution, the EP calls on all Member States to repeal all
anti-homosexual law provisions and to end any discrimination on
the basis of sexual orientation, and calls on the Commission of
the EU to present a draft Recommendation on equal rights for
lesbians and homosexuals which should, as a minimum, seek to
end, among other things such as the discrimination by criminal
law provisions, "the barring of lesbian and homosexual couples
from marriage or from an equivalent legal framework, and any
restriction on the right of lesbians and homosexuals to be
parents or to adopt or foster children."

In the framework of the deliberations of the Intergovernmental
Conference, the EU member states are at present negotiating the
inclusion of a non-discrimination clause in a new EU Treaty
which would also list "sexual orientation" as a
non-discrimination category.

Achievements on the national level
In the last few years, we have also witnessed considerable
progress and remarkable improvements in the recognition of the
human rights of lesbians and gay men in a series of OSCE member
states.

National anti-discrimination legislation explicitly including
"sexual orientation" was recently adopted in Finland, Spain and
Iceland which brings the number of OSCE member states with such
legislation to eleven (including also Norway, France, Denmark,
Sweden, Ireland, the Netherlands, Slovenia, and Canada). This
year, the Canadian Human Rights Act was amended in order that
"sexual orientation" be added as a non-discrimination category.
The new Finnish Constitution also covers this category.
Proposals to include "sexual orientation" as a
non-discrimination category in the new constitutions are also
being debated in Poland and Germany.

This year, Iceland joined Denmark, Norway, Greenland, and Sweden
in enacting "registered partnership" laws recognizing same-sex
relationships. Similar laws have been proposed and are being
debated in Finland, Spain, the Netherlands, Luxembourg,
Switzer-land, Belgium, Germany, Italy, France and other OSCE
countries. In May 1996, the Hungarian Parliament voted to open
common-law marriage to same-sex couples.

Unfortunately these positive advances in national and regional
practice are only part of the story. Discrimination against
lesbian and gay people continues in all parts of the world, also
in the member states of the OSCE:

The penal laws of Bosnia-Hercegovina, Macedonia, Romania, most
of the non-European former Soviet republics as well as more than
20 states of the United States still prohibit consenting
homo-sexual activity;

The penal codes of Austria, Bulgaria, Croatia, Cyprus, Finland,
Hungary, Liechtenstein, Serbia, and the United Kingdom provide
for a discriminatory higher age of consent for homosexual acts
than for heterosexual acts;

Austria, Finland, and Liechtenstein violate the fundamental
right to freedom of speech and/or freedom of assembly: they
prohibit the founding of gay and lesbian organisations and/or
any positive information on homosexuality;

In most states gay men and lesbians face discrimination in civil
laws dealing with inheritance, retirement insurance, medical
insurance, parenting, housing, and immigration.

"Sexual orientation" in the OSCE process
Also within the work of the OSCE, the issue of
non-discrimination based on sexual orientation was discussed on
several occasions, such as the Follow-Up Meeting in Helsinki
(1992), the Human Dimension Seminars on "Tolerance" (1992),
"Free Media" (1993), and "Building Blocks for Civic Society -
Freedom of Association and NGOs" (1995), as well as in the
Budapest Review Conference (1994) and the joint OSCE/Council of
Europe International Seminar on Tolerance in Bucharest in May
1995. This topic was also discussed at the two OSCE
Implementation Meetings on Human Dimension Issues in 1993 and
1995, the first one eventually included the following paragraph
in its Report which was unanimously adopted in the Final Plenary
by all delegations:

"Participants pointed out to groups which were not "national
minorities" but which none the less suffered discrimination,
including women, homosexuals, migrant workers, and conscientious
objectors...

It was pointed out that CSCE commitments in the area of
non-discrimination cover homosexuals as well. Suggestions were
made that discriminatory State policies against homosexuals, and
criminalizing legislation, should be eliminated."

In July 1995, the Parliamentary Assembly of the OSCE, in its 4th
(annual) session in Ottawa, adopted a Resolution which calls on
member States

"...to ensure that all persons belonging to different segments
of their population be accorded equal respect and consideration
in their constitutions, legislation and administration and that
there be no subordination, explicit or implied, on the basis of
ethnici-ty, race, colour, language, religion, sex, sexual
orientation, national or social origin or belonging to a
minority..."

However, these texts adopted within the OSCE process are not
included in binding OSCE documents. In view of the developments
on the national and international level as described above, it
seems important and adequate to us that the OSCE take an even
firmer stand on this issue and pronounce a clear commitment of
non-discrimination based on sexual orientation - a statement
that is both binding within the OSCE process and at the height
of these international developments. OSCE standards should in no
way and area trail behind the standards set forth by other
international human rights platforms and bodies such as the
United Nations and the Council of Europe. It would be
disappointing if the OSCE were the only major European and
international human rights platform that did not speak out
against discrimination based on sexual orientation in a binding
document.

The International Lesbian and Gay Association, therefore, calls
upon the OSCE and all its member states

To take up the issue of equality and human rights for gay men
and lesbians in this Vienna Review Conference and to include a
clause in the Lisbon Summit Document, which this meeting will
prepare, to protect homosexual citizens in the OSCE countries
from human rights violations.

The following text for such a clause has been proposed by our
association on earlier occasions:

"The Member States consider the right of any person to live in
accordance with her or his sexual orientation a fundamental
human right and will take measures to eliminate and to prevent
discrimination against persons based on their sexual orientation.

The expression "sexual orientation" shall mean sexual attraction
towards a person of the same sex or the opposite sex, whether
this is manifested in a physical or emotional form";

To speak out against any discrimination on the basis of sexual
orientation;

To recognize the standards of non-discrimination against
lesbians and gay men as set forth in Recommendation 924/1981 of
the Parliamentary Assembly of the Council of Europe and in the
1994 European Parliament Resolution on equal rights for
homo-sexuals and lesbians in the EC;

To put these standards into practice and thereby guarantee the
respect for the human rights of all their citizens.


Fact Sheet:=20
NATIONWIDE LEGAL PROTECTION FROM DISCRIMINATIION BASED ON SEXUAL
ORIENTATION
Prepared by the International Gay and Lesbian Human Rights
Commission, August 1996

Where in the world are lesbians, bisexuals, and gay men legally
protected from discrimination?

Currently, eleven countries have nationwide legislation which
protects sexual minorities from discrimination: Canada, Denmark,
Finland, France, The Netherlands, New Zealand, Norway, Slovenia,
South Africa, Spain, and Sweden

What kinds of protection are offered?

On May 8, 1996 South Africa became the first country in the
world to include sexual orientation as a protected category in
its constitution.  Section Nine "the Equality Clause" of the
Bill of Rights in the new constitution reads, in part, "The
state may not unfairly discriminate directly or indirectly
against anyone on one or more grounds, including race, gender,
sex, pregnancy, marital status, ethnic or social origin, colour,
sexual orientation, age, disability, religion, conscience,
belief, culture, language, and birth."  In addition to banning
government discrimination the Equality Clause bans
private-sector discrimination, specifying "No other person may
unfairly discriminate directly or indirectly against anyone on
one or more [of the above] grounds."

In 1996 Canada amended the Canadian Human Rights Act so as to
include sexual orientation; the law forbids discrimination based
on sexual orientation by federally regulated employers,
landlords and services.  The law applies to the federal
government, banks, broadcasters, the telephone and
telecommunications industry, railways, airlines, shipping and
inter-provincial transportation.  Federal constitutional
protections are provided by the Canadian Charter of Rights and
Freedoms; the Supreme Court has recognized sexual orientation as
a ground analogous to those specifically protected in Section 15
of the Charter.  Provincial human rights laws provide protection
based on sexual orientation in all Canadian provinces with the
exception of Alberta, Newfoundland, and Prince Edward Island.
However, the Newfoundland Supreme Court has ruled that the human
rights of sexual minorities are also protected under the
Canadian Charter of Rights and Freedoms.

In November 1995 Spain ratified a new Penal Code which declares
the right to express one's sexual orientation a fundamental
freedom and bans discrimination in housing, employment, public
services, and professional activities based on sexual
orientation.  The new Penal Code also criminalizes hatred and
violence directed against homosexual persons and organizations.

Since January 1995 Article 141 of the Penal Code of Slovenia has
sanctioned anyone who "denies someone his human rights or
fundamental freedoms recognized by the international community
or set by the Constitution or a law" because of difference "in
nationality, race, colour, religion, ethnic background, gender,
language spoken, political or other persuasion, sexual
orientation, material status, birth, education, social status or
any other personal circumstance".=20

In 1995 the Penal Code in Finland was amended to include sexual
orientation among the grounds protected from discrimination in
offering public or commercial services or giving access to
public meetings.  The law also bans agitation against protected
groups and prohibits discrimination in hiring and working
conditions based upon sexual orientation and other grounds.  The
Finnish Constitution bans discrimination on the basis of sex,
age, origin, language, opinion, health, disability or "other
reason characteristic of an individual." Government documents
have referred to sexual orientation as a ground protected as an
individual characteristic.=20

Since February 1, 1994, New Zealand has protected sexual
minorities from discrimination by including sexual orientation
as a protected category in its Human Rights Act (along with sex,
marital status, religion, race, ethnicity, age, disability,
political opinion, employment status, and family status).=20
Protection is granted in employment, education, access to public
places, provision of goods and services, and housing and
accommodation.=20

In 1992 the Netherlands amended Section 429 of its Penal Code to
ban discrimination on the basis of "hetero- or homosexual
orientation."  Article One of the Constitution also prohibits
discrimination, and sexual orientation is considered a protected
ground under the clause "or any other ground whatsoever."=20
Individuals can seek redress from discrimination through the
Equal Treatment Commission based on the grounds of religion,
personal convictions and views, political orientation, race,
gender, nationality, sexual preference, and marital status.=20
Unequal treatment is illegal in any area related to work, in
offering goods and services, and in receiving advice about
educational and career opportunities.=20

In 1987 Denmark added sexual orientation to the
anti-discrimination clause of its Penal Code (Article 266, which
also prohibits hate speech) and to its Anti-Discrimination Act
of 1971.  Protections have been provided since that time in
public employment, and on July 1, 1996 new legislation extended
protections to the private labor market.

In 1987 Sweden passed laws forbidding commercial organizations
from discriminating on the grounds of homosexuality, and
forbidding hate speech on those grounds.  The private labor
market is not covered by these protections.

In 1985 France amended its Penal Code to prohibit discrimination
based on sexual orientation.  The Code of Labor law was amended
in 1986 and 1990 to prohibit such discrimination in the work
place, including in the civil service and armed forces.=20

In 1981 Norway amended Paragraph 349a of its Penal Code to
prohibit discrimination based on sexual orientation=20
in the provision of goods or services and=20
in access to public gatherings. =20
In the same year Paragraph 135a of the Penal Code was amended to
prohibit hate speech directed at sexual minorities.  The private
labor market is not covered by these protections.

Don't other countries extend equal rights protections based on
sexual orientation?

Some nations offer protections in employment only.  For example,
in 1992 the Knesset in Israel approved a law prohibiting
employers from discriminating against employees and job
applicants because of sexual preference, and in Ireland there
are legal protections against dismissal from employment based on
sexual orientation (Employment Discrimination Law, 1991), and
against hate speech (Prohibition of Incitement to Hatred Act,
1989).=20

Hong Kong and Poland are currently considering legislation that
would protect sexual minorities from discrimination.=20

Many municipalities and states within nations extend legal
protections to sexual minorities.  While examples of such local
legislation are too numerous to list exhaustively, two prominent
countries often mentioned in this regard are Australia and the
United States.=20

The parliament in Australia is considering federal legislation
to prohibit discrimination based on sexuality including
heterosexuality, homosexuality and transexuality.  Protections
against employment discrimination based on sexual orientation
are already provided for under federal law (the Human Rights and
Equal Opportunity Commission Act of 1986).  The Australian
Federal Sexual Privacy Act protects consenting adults from legal
censure of sexual acts performed in private, but is currently
being challenged in the High Court by the Tasmanian government,
joined by the Victorian government.  Several states maintain
anti-discrimination legislation: New South Wales provides
protection based on homosexuality, bisexuality, and
transexuality; South Australia, Northern Territory, and Capital
Territory base protections on "sexuality"; Queensland and
Victoria maintain a protected ground of "lawful sexual activity."

Nine states within the United States (California, Connecticut,
Hawaii, Massachusetts, Minnesota, New Jersey, Rhode Island,
Vermont and Wisconsin) have civil rights laws that include
sexual orientation. Some other states have executive orders
banning discrimination based on sexual orientation.  For more
information about anti-discrimination laws in the U.S. contact
the National Gay and Lesbian Task Force, 2320 Seventeenth Street
NW, Washington DC 20009, phone (202) 332-6483, fax (202)
332-0207, e-mail ngltf@ngltf.com.

On May 20, 1996 the United States Supreme Court ruled that an
amendment to the Colorado state constitution that would have
banned anti-discrimination laws based on sexual orientation
violated the equal protection clause of the U. S. constitution
and hence could not become law.  The majority decision in Romer
vs. Evans reads, in part, "Central both to the idea of the rule
of law and to our own Constitution's guarantee of equal
protection is the principle that government and each of its
parts remain open on impartial terms to all who seek its
assistance."  The court concluded that "Amendment 2 classifies
homosexuals not to further a proper legislative end but to make
them unequal to everyone else.  This Colorado cannot do." This
ruling is a landmark victory for equal rights in the United
States, and may provide an important precedent for future
anti-discrimination cases in the United States.

What about freedom from discrimination in family life and
immigration?

Please request copies of the IGLHRC fact sheets on domestic
partnership legislation and on immigration.=20

Does international human rights law provide protections for
sexual minorities?

Please request a copy of the IGLHRC fact sheet on international
jurisprudence and policy precedents regarding sexual orientation.

The information contained in this fact sheet is drawn from The
Third Pink Book (1993), Index on Censorship, 24(1) Jan/Feb 1995,
the ILGA Euroletter and the ILGA Annual Report 1996, and IGLHRC
files.  Please contact IGLHRC with any new information that can
be used to update this fact sheet.  IGLHRC, 1360 Mission Street,
San Francisco, CA 94103, tel. 415-255-8680, fax 415-255-8662,=20
email: iglhrc@ iglhrc.org.

-----------------------------------------------------------
Steffen Jensen
E-mail: steff@inet.uni-c.dk=20
http://inet.uni-c.dk/~steff
Tel. +45 3124 6435 or +45 2033 0840  Fax: +45 2036 7856     =20