19/03/2024 | Writer: Oğulcan Özgenç
The resolution regarding the protection of freedom of expression and assembly of LGBTI people was adopted by the Council of Europe Parliamentary Assembly, Committee on Equality and Non-Discrimination.
The adopted resolution highlights the enactment of laws across Europe in recent years that not only prohibit events but also impose administrative hurdles, fail to safeguard against attacks on assemblies, or restrict the dissemination of information regarding the rights of LGBTI+ people.
“The aim of restricting the freedom of expression and assembly of LGBTI people is to make them invisible. Implementing the judgments of the ECHR, giving clear political support to the fight against all forms of discrimination, training law enforcement officers, organising awareness-raising campaigns on the rights of LGBTI people and combating prejudice from a very early age can help build a diverse and inclusive society where everyone's rights to freedom of expression and assembly are protected.”
The resolution further addressed the violations of LGBTI+ rights in Turkey, highlighting the prohibition of Pride marches and the prevention of planned events by LGBTI+ associations through disproportionate restrictions. It emphasized that these events were not adequately protected by law enforcement officers and were violently suppressed:
Ban orders on Pride Marches in Ankara and İstanbul and cancellation of Queer Olympix…
The resolution outlined a series of rights violations concerning LGBTI+ activities in Turkey, which included:
“In Türkiye, Pride marches were held peacefully for several years. However, since the failed coup in 2016, LGBTI people and organisations have become the target of an increasing number of hostile statements by the president and in the media which encourage national and local authorities to restrict LGBTI events, and bans on such events are imposed regularly. Following the blanket ban on LGBTI events put in place in 2016 in Ankara, LGBTI people were barred from holding events until a court lifted the ban in February 2019. The Istanbul Pride march has been banned every year since 2015. In 2019, Pride marches were also banned in İzmir, Antalya and Mersin, a film screening was banned in Tunceli, and the Queer Olympix event was cancelled. In 2022, 11 Pride events were banned in Türkiye, including those planned at Boğaziçi University and METU and in Eskişehir, Ankara and Istanbul. Such bans are imposed even though the courts regularly declare them contrary to respect for freedom of assembly and underline that the State must allow peaceful gatherings.23 The Council of Europe Commissioner for Human Rights has expressed concern to the Turkish authorities about the impossibility for LGBTI people to exercise their right to peaceful assembly due to the sweeping restrictions imposed on LGBTI events by authorities at different levels over the years.
“A total of 530 people were detained during the Pride season”
The resolution also highlighted instances of police violence against Pride marches, which were held despite ban orders, in Turkey:
“In May 2019, a Pride march held on the campus of the Middle East Technical University (METU) in Ankara was broken up by law enforcement officers who used pepper spray, rubber bullets and tear gas. Although the event was peaceful, 22 people were arrested and prosecuted before eventually being acquitted in October 2021, after more than two years of proceedings. Also in 2019, police violently attacked people who had gathered in central Istanbul during Pride week.”
The resolution highlighted the confiscation of rainbow flags from LGBTI+ people during the March 8 and November 25 protests. It noted that the repression against Pride March, which persisted despite being unlawfully banned in 2022, involved violence, with rubber bullets and tear gas being used in numerous police interventions:
“A total of 530 people were detained during the 37-day Pride season in Türkiye, including 373 at the Istanbul gathering alone. Subsequently, more than 200 people were arrested in Istanbul during the 25 November event.”
LGBTI+s were not protected against attacks from non-State entities
Within the scope or the resolution it is underlined that one of the major obstacle to the freedom of assembly of LGBTI people results from insufficient protection of gatherings against attacks from individuals or non-State entities:
“Such attacks have taken place in a very large number of countries and the perpetrators are far-right or even neo-Nazi groups, religious groups, political opponents or LGBTI-phobes. They take the form of physical and/or psychological violence manifested as insults and verbal abuse, physical attacks, eggs and bottles being thrown at participants, acts of vandalism, and even death threats. Among the countries concerned (to differing degrees) during the last five years are Armenia, Bulgaria, Czechia, France, Georgia, Germany, Greece, Ireland, Italy, Lithuania, the Republic of Moldova, North Macedonia, Poland, Romania, Serbia, Slovenia, Sweden, Türkiye and Ukraine.”
The resolution noted that in July 2023, RTÜK fined several platforms including Netflix, Disney+, Prime Video, MUBI, BeIN, and Blu TV for broadcasting LGBTI+ content. Additionally, it highlighted the banning of a concert given by Gökçe in August 2023 by the Mayor of Sandıklı Municipality, citing her expression of support for LGBTI+ people through posting “love is love” on social media.
“There will always be LGBTI people”
In the conclusion part of the resolution, the following statements were made:
· Over the past few years, there have been many situations where the freedom of expression and freedom of assembly of LGBTI people have not been guaranteed in Europe owing to the banning of events, the repression of demonstrations by law enforcement authorities, ever more administrative hurdles, the lack of protection against attacks on gatherings, or the enactment of laws preventing the dissemination of information about LGBTI rights. There have also been harassment and intimidation strategies accompanied by anti-LGBTI hate speech.
· Repression and a lack of protection can be regarded as green lights for an increase in violence perpetrated by third parties. A country cannot claim to be truly democratic if LGBTI rights are not respected in it. LGBTI people should be able to expect protection from law enforcement agencies. Attacks on freedom of expression and assembly can have long-term impacts, especially on the younger generations.
· Dunja Mijatović, the Council of Europe’s Commissioner for Human Rights, has underlined that “Freedom of peaceful assembly and of expression stand at the core of a free, inclusive and pluralist democracy, where everyone can enjoy their human rights equally and safely, and societal issues are discussed through peaceful dialogue.”
· Many LGBTI people continue to remain silent because of the shame imposed on them by society. This enforced silence can have tragic consequences. All too often, LGBTI people are driven to suicide. No matter how much societies torture, imprison, “convert” or try to eliminate LGBTI people, there will always be LGBTI people. By accepting everyone and protecting diversity we will all progress. To protect LGBTI rights is to protect the dignity of every person, the right to live without hiding, the right to love and the right to exist.
Click to read the full text of the resolution.
Tags: human rights
