The situation for the homosexuals in Bosnia and Herzegovina
The situation for the homosexuals in Serbia
Reply to Written question
| Doc. 11855
| 31 March 2009
Written Question
No. 554 by Mr Jensen
In connection with a festival for homosexuals in Sarajevo
on 25 September 2008 some of the participants were exposed to violent
attacks by demonstrators. The festival was the first of its kind
in Bosnia and Herzegovina, but the organizers decided after day
one to close the festival according to the many violent attacks.
It seems as if many Bosnians this very day consider homosexuality
as a disease. It also includes members of different political parties
in Bosnia and Herzegovina.
I note that the government of Bosnia and Herzegovina has ratified
the Convention for the Protection of Human Rights and Fundamental
Freedoms and Protocol no. 12 to the Convention, in which Article
1 reads as follows:
“The enjoyment
of any right set forth by law shall be secured without discrimination
on any ground such as sex, race, colour, language, religion, political
or other opinion, national or social origin, association with a
national minority, property, birth or other status.”
In the light of these facts, it would be of a great interest
to know if the Government of Bosnia and Herzegovina intends to take
any measure to:
1. avoid similar episodes of attacks
on homosexuals in Bosnia and Herzegovina?
2. secure equal rights of homosexuals in society?
3. protect homosexuals against discrimination?
4. inform the population of Bosnia and Herzegovina about the
rights of homosexuals?
Therefore, I ask the Committee of Ministers to request the
relevant information on those matters from the Government of Bosnia
and Herzegovina and to inform me about it.
Written Question No. 556 by Mr Jensen
In connection with a festival for homosexuals in Belgrade
on 19 September 2008 a group of participants were exposed to violent
attacks by Fascist demonstrators. The festival was the fifth of
its kind in Serbia with participants coming from "the former Yugoslav
Republic of Macedonia", Russia, Netherlands, Germany, Italy, United
Kingdom, Greece and Slovenia.
I note that the Government of Serbia has ratified the Convention
for the Protection of Human Rights and Fundamental Freedoms and
Protocol no. 12 to the Convention, in which Article 1 reads as follows:
“The enjoyment of any right set
forth by law shall be secured without discrimination on any ground
such as sex, race, colour, language, religion, political or other
opinion, national or social origin, association with a national
minority, property, birth or other status.”
In the light of these facts, it would be of a great interest
to know if the Government of Serbia intends to take any measure
to:
1 avoid similar episodes
of attacks on homosexuals in Serbia?
2 secure equal rights of homosexuals in society?
3 protect homosexuals against discrimination?
4 inform the population of Serbia about the rights of homosexuals?
Therefore, I ask the Committee of Ministers to request the
relevant information on those matters from the Government of Serbia
and to inform me about it.
Reply
1. The Committee of Ministers deplores
the acts of violence against homosexuals reported in the questions asked
by the honourable member. It trusts that the persons responsible
for those acts will be prosecuted and, if appropriate, convicted
in compliance with the domestic legislation of the states concerned.
2. The Committee of Ministers draws attention to the fact that
discrimination on the grounds of sexual orientation is not compatible
with the values of tolerance and the principle of equality which
the Council of Europe member states have a duty to uphold, and that
it remains firmly attached to the principle of equal rights and
equal dignity of all human beings, including lesbians, gays, bisexuals
and transgendered persons (LGBT). It also refers to its previous
replies on LGBT persons’ rights to freedom of expression and freedom
of assembly.
Note It considers that these
replies and the reply to the present question are a useful reminder
of the relevant human rights principles which must be observed in
this matter. The Committee of Ministers notes in particular that
LGBT persons must enjoy the rights to freedom of expression and
freedom of assembly provided for in Article 11 of the European Convention
on Human Rights (the “Convention”), like all other individuals within
the jurisdiction of a member state. This protection stems in particular
from Article 14 of the Convention, which prohibits all forms of
discrimination in the exercise of the rights and freedoms safeguarded
by the Convention. In a long line of decisions, the European Court
of Human Rights (the “Court”) has also emphasised that the state
has a duty to take reasonable and appropriate measures to ensure
the peaceful conduct of lawful demonstrations. Furthermore, the
Court has stressed on several occasions that any discrimination
on the grounds of sexual orientation – including in connection with
freedom of assembly – is contrary to the Convention.
Note As indicated in the above‑mentioned
written questions, Protocol No. 12 to the Convention prohibits all
forms of discrimination on the grounds of sexual orientation (as
specified by its explanatory report).
3. The Committee of Ministers also wishes to draw attention to
the decisions it took at its 1031st meeting (2 July 2008) to strengthen
the Council of Europe’s action to protect the rights of LGBT persons.
Note The
Steering Committee for Human Rights (CDDH) has been asked to prepare
a recommendation on measures to combat discrimination on the grounds
of sexual orientation or gender identity, ensure respect for the
human rights of LGBT persons and promote tolerance towards them.
4. Bosnia and Herzegovina and Serbia have undertaken to guarantee
respect for all the rights enshrined in the Convention to all persons
within their jurisdiction, and therefore to ensure that LGBT persons
enjoy the same rights to freedom of expression and freedom of assembly
as all other individuals within their jurisdiction.
5. Freedom of peaceful assembly, including for LGBT persons,
is guaranteed by the laws and constitutions of those two countries.
In Serbia a “Law on prohibiting discrimination” has recently been
tabled in Parliament for enactment. In Bosnia and Herzegovina, a
procedure for the adoption of a law banning discrimination is currently
underway.
6. Bosnia and Herzegovina and Serbia, aware of their international
obligations and determined to ensure respect for human rights on
their territory, have informed the Committee of Ministers of their
intention to pursue their efforts to combat all forms of discrimination
on the grounds of sexual orientation.
