A/HRC/23/52
life in national legislation, as well as an absence of a law on gender equality or of
comprehensive anti-discrimination legislation covering sex- and gender-based
discrimination.60
98.
Similarly, there is no anti-discrimination legislation covering persons with
disabilities.
99.
As discrimination is a cross-cutting issue that affects the enjoyment of civil, cultural,
economic, social and political rights, the definition of discrimination is an essential first
step in the eradication of anti-discriminatory practices.
L.
Treatment of lesbian, gay, bisexual and transgender persons
100. Although “homosexual activity” was decriminalized in Belarus in 1994, social
prejudice against sexual minorities and human rights defenders working on this issue
appears to be encouraged by an openly derisive discourse from the official media and the
authorities. In March 2013, in response to international criticism over human rights
violations, President Lukashenko stated “it is better to be a dictator than gay”. 61 Reports
persist of instances of hate-motivated violence against lesbian, gay, bisexual and
transgender (LGBT) persons,62 but rarely meet with any law enforcement action.
101. The situation of the rights to freedom of assembly and of association is particularly
critical for LGBT persons. Reportedly, no LGBT public events or associations were
authorized during the period under review. 63 Recently, LGBT persons reported a significant
deterioration in their situation. The organization GayBelarus sought registration with the
Ministry of Justice as the human rights centre “Lambda”, producing more than the required
70 signatures of founding members. On 8 February 2013, Lambda was denied registration
on the grounds that its charter did not provide appropriately for youth socialization and allround development.64 Subsequently, 67 of the 71 founding members, living in 12 different
cities in Belarus, were reportedly summoned by drug or traffic police for a “conversation”.
Those who refused were visited by the police, at home or at work, while “notifications”
were sent to their workplace.
102. The police also repeatedly raided LGBT clubs in Minsk and Vitebsk, 65 of which
eight were registered in January and February 2013.66 The raids were reportedly
intimidating and degrading, with people lined up, body searched and interrogated about
their sexual habits.67
60
61
62
63
64
65
66
67
CEDAW/C/BLR/CO/7.
Reuters, “Belarus‟s Lukashenko: „Better a dictator than gay‟”, 4 March 2012, available from
www.reuters.com/article/2012/03/04/us-belarus-dicator-idUSTRE8230T320120304.
See http://gaybelarus.by/english/minsk-gay-pride/17-year-old-guy-from-brest-was-beaten-by-aclassmate-of-the-expected-sympathies.html.
See http://belarusdigest.com/2010/05/11/minsk-authorities-ban-slavic-gay-pride-on-may-15.
See http://spring96.org/en/news/61307.
Yuras Karmanau, “Gays in Belarus face raids and arrests for trying to form a rights group”,
Vancouver Sun, 15 February 2013, available from
www.vancouversun.com/life/Gays+Belarus+face+raids+arrests+trying+form
+rights+group/7969238/story.html.
Civil Rights Defenders, “Campaign against LGBR organisation”, 18 January 2013, available from
www.civilrightsdefenders.org/news/campaign-against-lgbt-organisation/.
BelarusDigest, “Attempt to register an LGBT organisation in Belarus provokes police raids”, 6
February 2013, available from http://belarusdigest.com/story/attempt-register-lgbt-organisationbelarus-provokes-police-raids-12972.
19
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