Subject: Gay & Lesbian Oppression in the Republic of Latvia
From: [email-masked]
Date: Fri, 02 Jan 1998 05:01:37 -0600

[This is a courtesy copy of an article posted to Usenet via Deja News]

The Magnus Hirschfeld Centre for Human Rights
Crosswicks House
551 Valley Road, Suite #169
Upper Montclair, New Jersey USA 07043-1832
Telephone: 201-237-3406
Facsimile:   973-746-3147
E-Mail:       [email-masked]

December 6, 1997

The Office of the President of the Republic
His Excellency, Mr. Guntis Ulmanis
Executive Office of the President
Pils laukums 3,
Riga 50, LV-1900,
Latvia.

RE: Situation of the Homosexual Community in the Republic of Latvia

Dear President Ulmanis, Your Excellency:

We, the staff of the Magnus Hirschfeld Centre for Human Rights, would
like to express our concern over the legal and social situation faced by
lesbian women and gay men in Latvia and to ask Your Excellency to take
such necessary measures as are required by Latvia's international legal
obligations, to rectify situation.  We are most emphatically concerned
that the legal situation of Latvia's homosexual citizens is one which is
far from consonant with what are undoubtedly to become Latvia's legal
obligations as a state-member of the European Union, to which end Latvia
has directed its efforts.

Notwithstanding the legal and social persecution of gay and lesbian
persons in your country (which itself appears to be in conflict with the
provisions of Lativa's Constitution (Constitution of the Republic dated
February 15th, 1922, Section VI, paragraph 82, inter alia) and further
notwithstanding the proposed Treaty of Union provisions obliging
member-states of the European Union to prohibit discrimination against
individuals on account of sexual orientation, your country's lack of
progress in addressing this very grave issue is alarming.

As we learned from the recent Statement by the Homosexuality Information
Centre in Riga encaptioned "On Homophobia and Intolerance in Latvian
Police and Other State Authorities," (of which statement a copy is
attached herewith) lesbian women and gay men in Latvia suffer the
consequences of both de facto as well as de jure discrimination.

Of particular concern to ourselves and to the Magnus Hirschfeld Centre
for Human Rights are the actions and words of various Latvian
governmental officials who, far from promoting the democratic value of
tolerance, have sought to undermine respect for minorities and for the
human rights of sexual minorities in particular. Illustrative of the
forgoing is the fact that parliamentarians representing the National
Democratic Party of Latvia inter alia (e.g., Deputies Malins, Plavnieks
and Atis Silaroze) have repeatedly slandered gay and lesbian citizens,
stating in the Party's publications that:

"In order to prevent the healthy part of the nation from criminally
vicious and disastrous influences by the shameless representatives of
sexual minorities, it is necessary to adopt sever measures [against such
minorities] today."

It is worth taking note that the same Party has repeatedly made similar
statements of an anti-Semitic character.  Such statements can only be
interpreted to reflect negatively on the seriousness with which Latvia is
seen to discharge its international obligations, considering the fact
that Latvia is a party signatory to the International Covenant on Civil
and Political Rights (as of 14 April 1992) and that Article 20, section 2
of said Covenant provides that "Any advocacy of national, racial or
religious hatred that constitutes incitement to discrimination, hostility
or violence shall be prohibited by law."  No such prohibition is seen to
exist in the domestic law of Latvia.

With respect to those obligations of an international character, it ought
be noted that in 1994, the United Nations Human Rights Committee ruled
(in the case of Toonen vs. Australia [Case no. 488/92]) 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.
Criminal laws prohibiting homosexuality among consenting adults violate
Articles 2 and 17 of that Covenant. What makes this decision of critical
significance is that the Committee noted in its decision that "the
reference to 'sex' in articles 2 (1) and 26 (of the Covenant) is to be
taken as including sexual orientation."

Another recent landmark achievement was the adoption of the "Resolution
on equal  rights for homosexuals and lesbians in the European Community"
by the European Parliament in 1994. In this Resolution, that body calls
on all member states to repeal all anti-homosexual law provisions and to
end all sexual orientation based discrimination, including the barring of
lesbian and gay couples from marriage or equivalent legal framework. This
Resolution was reiterated by the European Parliament on two more
occasions, e.g., in the annual reports and resolutions on the observance
of human rights in the European Union for 1994 (A4-0223/96) and 1995
(A4-0112/97).

Finally, and most portentiously for Latvia, is the fact that the fifteen
present member states of the European Union have included "sexual
orientation" in the anti-discrimination clause - the new Article 6a - of
the Treaty of Amsterdam.

Members of the lesbian and gay community in Latvia have on many occasions
appealed to diverse Latvian institutions in order to attract attention to
their situation.  Unfortunately, none of these appeals have resulted in
any attention, much less action, from the Latvian State authorities.  For
example, the Latvian parliament has so far been considering a legislative
amendment to include sexual orientation in the list of grounds on which
discrimination is prohibited for four years, an inexplicable length of
time for consideration of such legislation considering that Latvia's
parliament is surely aware of what it obligations as a member of the
European Union are likely to entail.

As the aforecited instances demonstrate, the Latvian authorities have not
made apparent any intention of combating discrimination against lesbian
and gay individuals; thus, it appears premature to speak of a democratic
system existing within the Latvian state where fundamental rights are
safeguarded, a minimal qualification for membership within the European
Union.

In consideration of the foregoing, Your Excellency, we feel it is
imperative to point out that Latvia, as a member of the United Nations
and the Council of Europe and well as an applicant for full membership of
the European Union, declared its intention to build a society where
fundamental rights of each individual are respected and guaranteed. 
There is significant progress in many countries of Europe and the rest of
the world regarding protection of lesbian women and gay men from
discrimination and unequal treatment.  Such authoritative organs as the
United Nations Human Rights Committee, the European Commission and Court
of Human Rights, and the European Court of Justice demonstrate that
discrimination directed toward homosexual women and men is unacceptable
in a democratic society.

Taking into account these facts we call upon you, Your Excellency, to
initiate the legislative amendments in Latvia's domestic law necessary to
combat all forms of discrimination against lesbian and gay citizens and to
provide for the adoption of substantial legislation guaranteeing their
protection and equal rights with the rest of society.  Barring such a
commitment, we feel no alternative exists other than to devote our
efforts and to call upon other non-governmental organizations and
individuals to devote theirs to the task of bringing Latvia's failure to
meet its requirements for accession to the appropriate offices of the
European Union.

The favor of Your Excellency's promptest possible reply to the foregoing
is respectfully requested.

Yours sincerely,

William A. Courson		Camille Zanni		Susanne O'Connor
Executive Director		Associate Director	Associate Director

cc:

Saeima of the Republic of Latvia	Baiba Jansone,
Jekaba iela 11,				Secretary-General
Riga LV 1811 				Mr. Arnold Ruutel,
                                        Praesidium Chairman
.					Mr. Anitra Jankevica,
                                        Latvian Delegation
					Mr. Liudvikas Sabutis,
                                        Chair, Legal Committee
Ministry of Interior of Latvia		Mr. Alvydas Medalinskas, Chair,
Raina bulvaris 6, 			Security Foreign Affairs Committee
Riga, LV-1050, Latvia			Mr. Julius Beinortas, Chair,
					Social/Economic Affairs Committee
Police Office of the City of Bauska	THE BALTIC ASSEMBLY
Zala iela 12,
Bauska, LV-3901, Latvia			Mr. Juris Kanels, Ambassador
					Mission of Latvia to the European
					Union
The Homosexual Information Centre
Pastkaste 65, 				Mr. Aivars Baumanis, Ambassador
Riga, LV-1001, Latvia			Mission of Latvia to the U.N.

					Mr. Ojars Kalnins, Ambassador
					Embassy of Latvia to the U.S.A.

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