Denial of freedom of assembly and expression to lesbian, gay, bisexual and transgender persons in Lithuania
Written question
No.
540 to the Committee of Ministers
| Doc. 11486
| 15 January 2008
In joining the Council of Europe in
1993 and ratifying the European Convention on Human Rights, Lithuania undertook
to protect and develop human rights and fundamental freedoms. Yet
in recent months Vilnius City authorities have acted in breach of
these obligations on three occasions:
1 In May 2007 they supported bus drivers who refused to
drive vehicles carrying advertisements encouraging tolerance for
lesbian and gay workers. The advertisements were funded jointly
by the European Union and the Lithuanian Ministry of Social Security
and Labour. The mayor commented in a press release: “We do not approve
of the public demonstration of homosexual ideas in the City of Vilnius”.
2 Also in May, they refused to give permission to the European
Union anti-discrimination truck to make its planned stop in Vilnius.
A number of events were due to take place around the truck in the
city centre, as part of the EU Year of Equal Opportunities for All.
These included the display of a rainbow flag by Lithuania’s main
lesbian, gay, bisexual and transgender (LGBT) organisation. The
city authorities justified the ban on the basis of security risks
posed by possible opponents of the event. The European Commission
issued a statement highly regretting the decision to cancel the
event.
3 In late October the city authorities refused permission
for another public event, again centred on the display of a rainbow
flag in the city, as part of the annual Conference of the European
Region of the International Lesbian and Gay Association. The ban
was justified on the basis of “safety concerns” due to building
works, but the city authorities refused to provide an alternative
outdoor site, arguing the event could be held indoors.
On 14 November 2007 Vilnius City Council amended its “Rules
of Cleaning and Tidiness” [sic] to give it powers to refuse authorisation
of events in public places during which, “in the opinion of the
police or the commission, riots may arise or such events due to
their nature may provoke negative public reaction or opposition.
Such events may be held only in enclosed spaces, in which the safety
of the participants and viewers of the event is ensured”.
To ask the Committee of Ministers will the Committee of Ministers
engage in dialogue with the Lithuanian authorities with a view to:
- drawing their attention to the
judgment of the Court in Baczkowski and
Others v. Poland, and reaffirming their obligation to
uphold the right to freedom of assembly and expression for all persons,
including specifically lesbian, gay, bisexual and transgender persons;
- clarifying to the Lithuanian authorities that their role
goes beyond merely recognising the existence of such rights, and
includes the obligation to take positive actions to safeguard access
to freedom of assembly for all persons;
- seeking confirmation that they recognise the right of
the LGBT community to exercise freedom of assembly and expression;
- ensuring that the City of Vilnius “Rules of Cleaning and
Tidiness” are amended so as not to be in conflict with the jurisprudence
of the European Court of Human Rights;
- requesting that they set out the concrete measures they
will take to put an end to the denial by public officials of freedom
of assembly and expression to LGBT persons;
- enquiring what wider plans the Lithuanian authorities
have to combat homophobia and transphobia, and discrimination based
on sexual orientation and gender identity.
