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08.03.2023

Fear, flight and self-censorship: Russia’s latest “gay propaganda law” has a serious impact on the LGBTQI+ community

Demonstration against St. Petersburg´s "homopropaganda" law 2012 in front of Finlandia House, diring the visit of mayor Poltavchenko.
Demonstration against St. Petersburg´s “homopropaganda” law 2012 in front of Finlandia House, during the visit of mayor Poltavchenko.

Text: Pauliina Lukinmaa, John Kaye
Article in Finnish here

Russia’s expanded ‘propaganda law’ is challenging the LGBTQI+ community and erasing already marginalized sexual and gender identities from the public sphere. Ten years after the country accepted its first propaganda law, LGBTQI+ activism in Russia is effectively being banned outright.

For Russia, the period from the 2000s onward has seen the role of the state and its overseeing eye increase significantly in importance. Russia’s first propaganda law (article 6.21.), accepted in 2013, cemented ‘gay propaganda’ as part of the Russian political lexicon and garnered global attention upon its entry into force. The law saw the Russian state define homosexuality as non-traditional sexual relations, further stigmatizing gender and sexual minorities in the country.

According to authorities, the law is intended to protect minors from influences deemed harmful, including marginalized ‘non-traditional’ sexualities and gender identities. The law is part of Russia’s neoconservative family and sexuality policy, in which the family unit is made up of a mother, a father, who is also a ‘defender of the nation’, and children. The Russian state encourages families to have more than two children, both in rhetoric and using financial incentives.

The so-called ‘gay propaganda law’ touches on more than marginalized sexualities and gender identities. It also equates LGBTQI+ minorities with paedophilia. The law bans the discussion of LGBTQI+-related themes everywhere – not just in the public sphere – with the looming threat of considerable fines. The law categorizes ‘propaganda’ of non-traditional relations as an administrative offense, meaning convictions on the basis of this law alone are punishable by fines and not prison time, for now.

Research has shown that in the period following the passage of the 2013 law, instances of homo- and transphobic violent crime in Russia rose significantly. The new legislation introducing an outright ban on discussion and portrayal of LGBTQI+ identities entered into force in November, 2022. In practice, these changes are set to do away with LGBTQI+ content across all sectors of society.

The reformed law also includes a new addition – the concept of ‘encouraging one to change one’s gender’ as a punishable form of so-called ‘propaganda’. Trans identities in Russia have come more visibly to the fore in public discourse in recent years, from Putin’s offensive references to trans people to the discussion of the 2014 traffic safety law reform that threatened to take away the right of trans individuals to operate vehicles, citing trans identities as an illness.

This proposal was ultimately dropped from the reform project, but the case was a clear indication of the Russian state’s increasing hostility toward the trans community. This a significant change, as trans issues have until recently been discussed in a manner that, while pathologizing trans identities, was separate from the public discussion of ‘propaganda’. There has been a clear amplification of conservative narratives elsewhere, too – including in Finland – notably claims that children and youth are being “conditioned to gender dysphoria” in schools.

From an atmosphere of fear to self-censorship

In Russia, the word ‘propaganda’ can be used to refer to nearly any information about sexual and gender minorities that can be understood to normalize or otherwise provide positive portrayals of the LGBTQI+ community. Going forward, Russia’s federal agency responsible for the monitoring of mass media, Roskomnadzor, will hold the pen on the definition of ‘propaganda’. The agency produced a list of criteria to this end in January, 2023.

The instructions leave something to be desired; in their current form, they fail to provide exceptions for doctors, psychiatrists and psychologists to deal with LGBTQI+ themes with patients in their clinical work. According to Coming Out, some psychologists have already begun actively excluding LGBTQI+ themes in their own practice. In addition, the criteria do not account for freedom of academic expression.

The law’s ambiguities are typical of Russia’s authoritarian state leadership. The legal text leaves considerable room for arbitrary interpretation on the part of the authorities – a phenomenon that has proven an effective tool in regulating citizens’ behaviour.

Publishing house Popcorn Books, known for its LGBTQI+ collections, was the first company to be charged with spreading ‘propaganda’ under the new law. The case has served as a frightening reminder of what is possible. Insecurities around what is illegal and how actively adherence to the law would be monitored have created a situation in which companies, NGOs and individual citizens have come to rely on self-censorship to avoid prosecution and devastating fines. For example, numerous large bookstore chains and streaming services have deleted LGBTQI+ content from their libraries as a precautionary measure – even deleting individual scenes from well-known series.

Roskomnadzor has taken to investigating LGBTQI+ bloggers and, since the start of the war, intensified social media monitoring, including using artificial intelligence tools. For example, transgender sex workers using social media platforms online to advertise their services have been traced and subsequently charged.

According to LGBT movement “Coming Out”, the law has brought about serious consequences for especially vulnerable sexual and gender minorities. For example, transgender sex workers of Central Asian origin have been deported from Russia to countries where homosexuality is illegal.

Activists at risk in Russia

Russia’s political atmosphere has become increasingly severe over the course of 2010s. Just before the launch of its full-scale invasion of Ukraine in 2022, Russia increased new restrictions on the right to congregate and freedom of expression. At the same time, the state increased its military readiness. The ongoing war has seen public neoconservative rhetoric in Russia taken to the extreme, including increasingly patriarchal public discourse, censorship and police surveillance. Already vulnerable minorities and civil society actors have found themselves in an even more precarious position.

Many activists with networks abroad and other necessary resources have managed to move away from Russia. In spring 2022, two established LGBTQI+ organizations in Saint Petersburg officially moved their documentation, offices and staff to Estonia and Lithuania, all the while maintaining their activities in Russia, at least in part.

Today, activists in Saint Petersburg are attempting to enact change in their society through work underground, with meagre funding and resources. Currently there is one LGBTQI+ community centre operating in the city, Deistvija (eng. Action), relying on the work of local volunteers. In challenging conditions, the centre aims to offer accessible services, peer support and a safer space for local LGBTQI+ individuals and groups in its office. For their own safety, they are only able to share the address with trusted contacts.

In 2022, they offered their space to groups and organized hundreds of events that were, according to a volunteer representative, attended by over 3,000 community members. Organizations that have moved out of Russia have tried to remain in contact with their LGBTQI+ activists through online events, including workshops, film screenings and peer support groups.

Since the launch of its full-scale invasion of Ukraine, the Russian state has set about more actively restricting freedom of expression and the work of civil society organizations and activists. In the words of a Deistvija volunteer – in difficult times, we rely on the support of our own community.

26.10.2012

Gender reassignment law reform demanded by 20 organisations in open letter to the government of Finland

The trans persons´ human rights organisation Trasek and the LGBTI human rights organisation Seta together with 18 other youth, student and human rights CSOs published on October 26th 2012 an open letter to the government of Finland, demanding that the requirements violating human rights in the current gender reassignment act should be removed.

The signatories say that Finland should fulfill its international obligations such as recommendations made by the Human Rights Commissioner of the Council of Europe, and acknowledge its duty to implement the human rights of persons with diverse gender identities. One´s legal gender should only be based on selfdetermination and selfdefinition by the person. Requirements such as infertility or any medical treatment or diagnosis should be abolished as prerequisites for gender marker change.

According to the organisations, the government should see to it that a committee is formed without further delay to prepare the necessary legal changes. Representation by people affected by the gender reassignment act as well as human rights experts should be secured within the committee.

The organisations published the open letter after a leading government official had said in the media on October 12th that a potential reform process would possibly only be considered by the government after the next parliamentary elections that take place in 2015, due to budgetary restrictions within the ministry of social affairs and health.

More information:

Aija Salo, Secretary General, Seta – LGBTI Rights in Finland, paasihteeri@seta.fi

The whole letter in Finnish can be read here.

25.09.2012

Finland should abolish infertility requirement of trans persons, says CoE Human Rights Commissioner

Council of Europe Commissioner for Human Rights, Nils Muiznieks, published today a report on the human rights situation of Finland, based on a country visit in June. The human rights organization Seta – LGBTI Rights in Finland welcomes Muiznieks´ views.

The Commissioner urges Finland to abolish infertility and non-marriage as requirements for gender reassignment. He also demands that the specific protection needs of intersex persons, including intersex children, should be identified and addressed in cooperation with civil society organisations. These are requirements that have been strongly put forward by Seta and a wide range of other civil society organisations, but they were left out of the government´s National Plan of Action for human rights in early 2012.

According to the Commissioner, the reform of equal treatment legislation should address the current gaps concerning the grounds of sexual orientation, and special focus should be on the mandate and expertise of an independent monitoring mechanism, such as an ombudsman, within employment. The authorities should give particular attention to improving the protection afforded to trans people and intersex persons.

The Commissioner welcomes the explicit prohibition of homophobic hate crime in the Penal Code. He urges the Finnish authorities to extend the prohibition also to hate crime with specific reference to gender identity.

In the report it is stated that the government should assess whether the recently founded inter-ministerial network of contact persons for human rights can provide sufficient coordination for LGBTI-related issues, or whether a particular ministry should be entrusted with the task specifically.

Seta finds the Commissioner´s recommendations very important and central to the human rights situation of LGBTI people in Finland. Seta hopes that the authorities take action to implement the recommendation without further delay. For example, a decision has been made already in January in the ministry for social affairs and health to establish a working group for reviewing the law on gender reassignment but the decision has still not been implemented.

Report on Finland by the CoE Commissioner for Human Rights Nils Muiznieks: https://wcd.coe.int/ViewDoc.jsp?id=1977837

More information about Seta´s views: Aija Salo, Secretary General, Seta – LGBTI Rights in Finland, email paasihteeri@seta.fi

19.09.2012

Seta demanded action for LGBTI people’s human rights at Finland’s human rights review at the UN

Today, Seta – LGBTI Rights in Finland held a historical speech as it addressed the Human Rights Council of the United Nations for the first time. The speech was a part of the Universal Periodic Review of Finland. Seta demanded that Finland adopts a comprehensive LGBTI human rights policy.

Seta stated that despite progress, significant challenges remain in the human rights situation of LGBTI people in Finland. Gender nonconforming children face transphobic bullying in schools. Discrimination in the employment market is common, and many trans persons remain outside the labour force. Intersex children sometimes suffer serious mental and physical complications due to surgical operations that lack medical grounds.

Seta noted that the recently adopted National Action Plan for Human Rights has very few references to sexual orientation or gender identity. Seta suggested drafting a comprehensive LGBTI policy action plan. Seta also raised the importance of some ongoing legal reforms.

Seta’s statement was delivered by Nori Spauwen representing ILGA-Europe. The statement can be read below.

More information: Aija Salo, Secretary General, tel. +358 (0)50 309 8108, paasihteeri@seta.fi

Finland’s response to the UPR recommendations on the website of the foreign ministry
The UPR resource base on the OHCHR website: http://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRMain.aspx

UPR: Finland

ILGA-Europe and Seta – LGBTI Rights in Finland

United Nations Human Rights Council, Geneva, 19th September 2012

Mr. President,

we commend Finland for accepting the recommendation to increase its efforts in combating discrimination on grounds of sexual orientation and gender identity. We are looking forward to an effective and comprehensive implementation of the commitment.

Whilst we welcome the progress delivered by this Government, significant challenges still remain. Trans and intersex persons face serious discrimination. Gender nonconforming children face transphobic bullying in schools. Discrimination in the employment market is common, and many trans persons remain unemployed. Intersex children sometimes suffer serious mental and physical complications due to surgical operations that lack medical grounds.

The government states that a working group will be appointed to examine the need to amend the Act on Legal Recognition of the Gender of Transsexuals. We urge the government to proceed with this commitment very soon. Persons applying for gender marker change currently face degrading conditions such as infertility requirement that shows the legislator´s lack of understanding the everyday lives of trans persons, of which many already have children and families.

The government states that a possible need to amend family legislation will be discussed. Currently there are several legislative procedures where the equal treatment of LGBTI people´s families should be taken into account. Children should not be treated unequally depending on their parents´ gender.

We note that the recently adopted National Action Plan for Human Rights has very few references to LGBTI people. This places a serious challenge on the government to show concrete commitment to policies to improve the human rights of LGBTI people. While many authorities are working on improving the equality of LGBTI persons, there is a need for a more coherent and coordinated policy. We suggest drafting a comprehensive LGBTI policy action plan and defining responsibilities for implementation and monitoring the plan.

Finally, we thank Finland for a constructive dialogue during the UPR process and stand ready for further interaction to ensure that all LGBTI people can enjoy their citizenship in full equality.

Thank you, Mr. President.

30.06.2012

Poltavchenko is “Rat of Honour”

Finnish LGBTI organization Seta gives its annual anti-award to Governor of St. Petersburg.

Seta ry 30.6.2012
Helsinki, Finland

Seta awarded today the governor of St. Petersburg, Gergiy Poltavchenko, with Seta´s annual anti-award called the “Rat of Honour”. Poltavchenko received the anti-award because he signed the notorious anti-LGBT law of St. Petersburg in March 2012. Seta´s awards were a part of Helsinki Pride, the biggest LGBT event in Finland.

Seta wants to raise awareness about the human rights situation of LGBTI people in areas close to Finland. The distance between Helsinki and St. Petersburg is four hundred kilometres only.

“Poltavchenko could have refused to sign the law. The law goes against the constitution of Russia as well as international human rights agreements and recommendations, such as the Council of Europe Committee of Ministers recommendation to member states to combat all discrimination against LGBT people. The situation in St. Petersburg is worrying especially as a similar development is spreading elsewhere in Russia” stated Outi Hannula, the chairperson of Seta, in her speech.

Seta has arranged protests and events and written letters to Russian and Finnish authorities against the censorship laws of St. Petersburg and other areas of Russia also before. In April, when governor Poltavchenko visited Helsinki, Seta organized a public demonstration together with Amnesty Finland.

Seta gives the “Rat of Honour” anti-award annually to a person or organisation that has expressed discriminatory opinions about LGBT people or has discriminated against them. In addition, Seta gives a positive award, the “Apple of Good Information”, to a person or organization that has promoted the human rights of LGBTI people. This year, the recipient of the Apple is the Gender equality ombudsman Pirkko Mäkinen who actively and strongly defends the human rights of trans and intersex persons.

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