Homophobia and Violence against LGBT People in Latvia

Counter-demonstrators at Gay Pride event in Riga, Latvia. © www.gayrussia.ru

Over the past years, violations of LGBT rights have become an increasing concern in Latvia. In 2005 and 2006, Latvia saw its first two Gay Pride events in the capital, Riga. Planned marches in both years were banned owing to what the authorities referred to as "security threats." The 2005 Gay Pride march was eventually allowed to go ahead after an intervention by Riga Administrative Court, while the 2006 march was banned altogether. The march in 2005 and events in 2006 were interrupted by violent protests.

Positive Developments

Legislation

On 23 November 2006 the Constitutional Court of Latvia declared as unconstitutional a number of provisions regulating public demonstrations and pickets. The provisions were found to be incompatible with the Latvian Constitution, the European Convention on Human Rights and the International Covenant on Political and Civil Rights. The decision means that there is no need to obtain permission from the authorities prior to holding a public demonstration/march and that they only need to be informed by the organizers about their plan.

Court cases

Criminal charges against hooligans

In April 2007, the Latvian National Police will launch a criminal prosecution case against Viktors Birze, the head of an extreme right-wing nationalist party National Force Union, for inciting public disorder during a sexual minorities festival last summer.

The Riga regional prosecutor's office said that Birze and one of his supporters, Valdis Rosans, will be prosecuted for hooliganism in a group, causing bodily injuries and damage of property, and showing resistance to law enforcement authorities. Under the Latvian Penal Law, such crimes carry a sentence of up to seven years in jail.

Legality of 2006 Pride event

On 12 April 2007, a Riga Court ruled that the banning of the 2006 Riga Pride was illegal. The Court said that the authorities had not explored the possibilities of alternative routes and increased protection sufficiently before banning the event. The organization which organized Riga Pride 2006, Mozaika, is considering suing the city of Riga for compensation of the legal costs incurred during the appeal against the ban.

Pride marches

On 3 June 2007, a Pride march is being organised by Mozaika, a Latvian LGBT organisation. Other organisations, including ILGA (the International Lesbian and Gay Association) and other European city Pride event organisers will be participating in the event. Media interest in this issue is high, thanks to the media work carried out by Mozaika and by the London Pride organization. Major news channels such as SkyNews, BBC and possibly the CNN are expected to be present during the march.

AI will participate in the event and display international support and solidarity with Latvia's LGBT community. AI members will also be joining in other organised events including lectures, workshops and social events prior to and after the march. Those who wish to travel to Riga should immediately contact their LGBT network coordinator or their campaign coordinator if your section has no LGBT network.

To reinforce our message to the Latvian authorities, we plan on issuing a membership action after the event. AI members will contact the Latvian authorities to either welcome or denounce their response to the event, depending on what happens.

Negative Developments: Election of the chairperson of the Latvian Parliamentary Human Rights Committee

In November 2006, Janis Smits, an extreme right-wing politician, member of Latvia's First Party and leading anti-gay activist was elected as the chairperson of the Latvian Parliamentary Human Rights Committee. He has in the past campaigned against the introduction of legislation to protect people from discrimination on the grounds of their sexual orientation and has described homosexuality as a sin and homosexuals as degenerate. His election was condemned by European and international gay rights activists, members of the European Parliament's gay and lesbian rights group, as well as non-governmental organizations. Further homophobic remarks from him in December 2006 again raised concerns about the appropriateness of his election.

Background

Gay Pride 2005

On July 20, 2005, the Executive Director of the Riga City Council, Eriks Skapars, withdrew permission for the gay and lesbian community to hold a Gay Pride march on July 23, 2005. His decision came after a television interview with Latvia's Prime Minister, Aigars Kalvitis, in which he stated that he could not "accept that a parade of sexual minorities take place in the middle of our capital city next to the Dom Cathedral. This is not acceptable. Latvia is a state based on Christian values. We cannot advertise things which are not acceptable to the majority of our society."

In addition, the deputy speaker of the Latvian parliament, Leopolds Ozolins, had issued an open letter on July 19 regarding the Gay Pride march in which he used highly offensive homophobic language about gays and lesbians, including referring to gay men as "shit stirrers." Leopolds Ozolins also made highly critical remarks regarding the European Union's "open and accepting attitude" towards gay and lesbian persons.

The organizers of the march subsequently made an official complaint to the Riga Administrative Court regarding the decision to ban the march. On July 22, 2005, the Administrative Court decided to annul Eriks Skapars' decision to withdraw the permission for the march to take place. On July 23, 2005, the march went ahead as originally planned.

Organizers and news media covering the event estimated that approximately 300 people participated in the march. Meanwhile, over 1,000 persons had gathered to stage a protest against the march. Some of the protesters tried to block the march, while others used tear gas and threw eggs at the marchers. The Latvian law enforcement officials managed to protect the marchers. In total, six of those who were protesting against the march were arrested.

Following the march, Amnesty International expressed its concern regarding the comments made by the Prime Minister and by the deputy speaker of the parliament and the fact that these comments may have incited violence against marchers. The organization feared such comments from the authorities may have encouraged a climate of intolerance and hatred, and that they may have incited the verbal and physical attacks against the gay and lesbian persons on July 23, 2005 during the Gay Pride march.

Gay Pride 2006

On July 19, 2006, Riga City Council announced that it would not permit the "Riga Pride 2006" march to take place saying that its decision was based on information it had received concerning threats of violence against march participants if the march was allowed to go ahead, and that the police could not guarantee security and order during the march. On July 21, the Riga Administrative Court confirmed Riga City Council's decision not to permit the march to go ahead. On July 22, those attending a church service in support of Riga Pride 2006 were attacked by a large group of people who threw, among other things, eggs and excrement at them. Despite requests by those organizing the church service, no law enforcement officials were present to protect the worshippers.

Further attacks were made on events in support of Riga Pride 2006. Following a press conference on July 22 at a hotel in central Riga, the majority of those attending were prevented from exiting the hotel by a group of up to 100 anti-LGBT protestors. The protesters attacked anyone trying to leave the hotel with, among other things, water, flour, eggs and human excrement. Those prevented from leaving the hotel included Riga Pride 2006 organizers, journalists, a member of the European Parliament, and members of national parliaments from around Europe. The organizers of the march had requested police protection for the press conference several days before the event, yet no significant police presence materialized until two hours after the attacks started.

International Human Rights Law

Under international and European law, Latvia, as a member state of the EU, is not only obliged to respect the rights to freedom of assembly and expression, but also has a positive duty to take active measures to protect participants in events such as these from attacks against them. According to international human rights law, the freedoms of expression, peaceful assembly, and association may not be restricted or prohibited merely on the grounds that an action might offend an individual or group. Moreover, participants must be able to hold peaceful rallies without fear of physical violence by people or groups opposed to their ideas.

Everyone, regardless of their sexual orientation, gender identity or expression, is guaranteed the fullest enjoyment of their civil, political, social, economic and cultural rights under international law. Lesbian, gay, bisexual and transgender individuals, like all other persons, are entitled to equality before the law. The U.N. Human Rights Committee has urged states not only to repeal laws criminalizing same-sex sexual conduct but also to enshrine the prohibition of discrimination based on sexual orientation into their constitutions or other fundamental laws.

The Universal Declaration of Human Rights, part of international customary law, prohibits discrimination without distinction, including sex under Article 2. Latvia is also a state party to several international treaties which further clarify the protections from discrimination based on sexual orientation, including the International Covenant on Civil and Political Rights (ICCPR). In the landmark Toonen v Australia case, the UN Human Rights Committee took the view that the reference to "sex" in Articles 2 and 26 of the ICCPR includes sexual orientation. In the European context, the EU and the Organization for Cooperation and Security in Europe (OSCE) have also recognized these rights, respectively in Article 21(1) of the EU Charter of Fundamental Rights, and in Article 9(2) of the Document of the Copenhagen Meeting of the Human Dimension of the Conference on Security and Cooperation in Europe.

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