On behalf of Human Rights Watch, I write to urge a full investigation into violent protests against lesbian, gay, bisexual, and transgender (LGBT) people who were attempting to gather in two nightclubs over the weekend of May 1.
On behalf of Human Rights Watch, I write to urge a full investigation into violent protests against lesbian, gay, bisexual, and transgender (LGBT) people who were attempting to gather in two nightclubs over the weekend of May 1. These incidents represent a dangerous threat to basic freedoms of association and assembly. They emphasize once again why it is crucial for your government both to permit and fully to protect Russia’s first gay pride parade, scheduled to be held in Moscow on May 27, 2006. To do otherwise would be not only to surrender to but to endorse the violence of intolerant forces.
As you are undoubtedly aware, late on the evening of April 30, several hundred protesters—including skinheads, nationalists, and elderly religious protesters—massed in front of the Renaissance Event Club on Ordzhonikidze Street in Moscow, where organizers had advertised an “Open Party” for lesbian, gay, bisexual, and transgender people. Many of the protesters shouted threats—including “No perverts here”—and threw bottles, rocks, and eggs; they reportedly beat at least one person attempting to attend the party. Police arrived gradually. The club had to be evacuated during which people from the club were hit by stones and other objects. On the following night, at least 100 protesters targeted another gay club, shouting abuse and smashing the windows of nearby cars. Police arrested 39 protesters, charging most with minor offenses against public order.
The targeting of two gay venues on successive nights suggests an organized campaign against the rights of LGBT people to peaceful assembly. Human Rights Watch is concerned that, instead of condemning and investigating this campaign, officials are encouraging it by their public statements. One member of the State Duma, Alexander Chuyev, reportedly accused gays of “provoking” Orthodox believers to protest. The exercise of basic rights is not a provocation.
You yourself have invoked popular sentiment as an excuse for a proposed ban on the May 27 pride event. In your April 12 response to our letter about the planned pride event, you acknowledged that “the provisions of international law and the rights and freedoms of every person” mandate respecting freedoms of expression and assembly. You asserted, however, that “the Government of Moscow … has to take into account the point of view on the issue of the overwhelming majority of Muscovites and residents of Russia,” as well as “historically determined traditions.” Yet one key purpose of human rights protections is precisely to ensure that majority opinion cannot deny the rights of minorities. Banning the May 27 parade would violate Russia’s obligations under international law. As a party to the European Convention on Human Rights and Fundamental Freedoms, Russia is obligated not to discriminate on grounds of sexual orientation or gender identity in relation to any of the rights enjoyed under the Convention—including the freedoms of expression and assembly.
Banning the planned parade because of fears of disturbance due to counter demonstrators would amount to giving violence a license to curb free expression. City authorities and police are responsible for ensuring that people can exercise their freedoms safely. They should restrain counter demonstrators if they threaten violence, not give them a veto over peaceful assembly. The European Court of Human Rights spelt out this obligation in the case of Plattform “Ärzte Für das Leben” v Austria :
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32. A demonstration may annoy or give offence to persons opposed to the ideas or claims that it is seeking to promote. The participants must, however, be able to hold the demonstration without having to fear that they will be subjected to physical violence by their opponents; such a fear would be liable to deter associations or other groups supporting common ideas or interests from openly expressing their opinions on highly controversial issues affecting the community. In a democracy the right to counter-demonstrate cannot extend to inhibiting the exercise of the right to demonstrate. (Judgment of 21 June, 1988 A139)
We urge you to respect the basic freedoms of Moscow’s lesbian, gay, bisexual, and transgender people: to let the May 27 event proceed, and ensure that participants enjoy whatever protection is necessary for the peaceful exercise of their lawful rights.
Sincerely,
Scott Long
Director
Lesbian, Gay, Bisexual, and Transgender Rights Program
Human Rights Watch
