Russia: Situation and treatment of sexual minorities; legislation, state protection and support services

1. Treatment of Sexual Minorities by Society

The US Department of State's Country Reports on Human Rights Practices for 2012 reports that lesbian, gay, bisexual and transgender (LGBT) persons in Russia continue to face discrimination and "societal stigma" (US 19 Apr. 2013, 47). Amnesty International (AI) also states that discrimination against LGBT people is "widespread" (AI 7 Dec. 2012). International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) notes that "[i]nstitutional discrimination against LGBTI people and the social climate remains of serious concern" (ILGA May 2013, 183).

In an interview with the Inter Press Service (IPS), an LGBT activist indicated that in St. Petersburg and Moscow, LGBT people do not "'feel absolutely safe'" and in small towns, LGBT persons "'have to keep [their] sexuality secret. If [they] don't [they] will be beaten or killed'" (IPS 17 Sept. 2013). According to Country Reports for 2012, the "majority" of LGBT persons hide their orientation due to the threat of violence or because they are afraid to lose their jobs (US 19 Apr. 2013, 47). The report further states that, according to LGBT activists, "[m]edical practitioners reportedly continued to limit or deny LGBT persons health services due to intolerance and prejudice" (ibid.). The Chinese newspaper Global Times reports that the Russian Orthodox Church "ha[s] already called on people to reject homosexuals and same-sex marriage" (14 Oct. 2013). RT News, an English-language news channel network (RT News n.d.), indicates that "radical Orthodox Christians" participated in anti-gay protests in St. Petersburg in October 2013 (ibid. 13 Oct. 2013).

1.1 Physical Violence

Sources report violent attacks on LGBT persons by nationalist ["homophobic neo-Nazi vigilante" (IPS 17 Sept. 2013)] groups (RFE/RL 15 Aug. 2013). Several sources state that images of some of the attacks have been uploaded on the Internet by the attackers (IPS 17 Sept. 2013; RFE/RL 15 Aug. 2013; Russian LGBT Network 23 Oct. 2013). The report of the UN High Commission for Human Rights entitled Discriminatory Laws and Practices and Acts of Violence Against Individuals Based on Their Sexual Orientation and Gender Identity states that lesbians in Russia were reportedly "attacked, raped, forcibly impregnated and otherwise punished because of sexual orientation" (UN 17 Nov. 2011, para. 29). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the research project Transrespect Versus Transphobia Worldwide (TvT) conducted by Transgender Europe (TGEU), an international organization that promotes the rights of transgender people in Europe (TGEU n.d.), two transgender persons were killed in Russia in 2011 (TvT 2013, 2). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2. Treatment of Sexual Minorities by Authorities

Country Reports for 2012 states that

[t]ransgender individuals faced difficulties changing their names and gender classifications on government documents. Although the law allows such changes, the government had not established a standard procedure for doing so, and many civil registry offices denied these requests. When their documents failed to reflect their gender accurately, transgender persons often faced discrimination in accessing health care, education, housing, and employment. (US 19 Apr. 2013, 47)

ILGA reports that in June 2012, a transgender girl was not allowed to take a state exam because a person inspecting students entering the exam could not match her with the ID she presented; he ignored her explanations that she was transsexual and called a police officer (ILGA May 2013, 186). According to the report, "a male police officer invited her into an isolated room and asked her to take off her clothes. After that the girl was allowed to take her exam" (ibid.).

ILGA reports instances of "homophobic" speeches made by various politicians and church officials in St. Petersburg during the hearings and adoption of the St. Petersburg bill criminalising "'homosexual propaganda'" (ILGA May 2013, 184). For instance, in one of his speeches, a government official called LGBT persons "'perverts'" and "'faggots'" (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3. State Response

3.1 Legislation

Sources report that homosexuality was decriminalized in Russia in 1993 (Human Rights First Aug. 2013, 3; BBC 28 Oct. 2013; Le Monde and AFP 28 Oct. 2013). According to Le Monde and Agence France-Presse (AFP), homosexuality in Russia was considered to be a [translation] "mental illness" until 1999 (ibid.). Country Reports for 2012 indicates that the "law prohibits discrimination based on race, gender, language, social status, or other circumstances," but that the government "did not universally enforce these prohibitions" (US 19 Apr. 2013, 37). In correspondence with the Research Directorate, a representative of the Russian LGBT Network, a St. Petersburg-based interregional non-governmental LGBT organization (Russian LGBT Network [2012], 59), stated that

[translation]

[i]n Russia there is no legislation specifically prohibiting discrimination on the basis of sexual orientation. There is no reference to sexual orientation in the Criminal Code of Russian Federation, i.e. hatred against LGBT people is not considered to be an aggravating circumstance. The criminal code includes a concept of a "social group" that may theoretically include sexual orientation, but in practice there were no cases when LGBT people have been recognized as a social group. (Russian LGBT Network 23 Oct. 2013)

3.1.1 "Anti-propaganda" Law

Sources report that the following cities and regions have laws criminalizing the "'propaganda of homosexuality'" to minors:

St. Petersburg, Kostroma, Samara, Krasnodar, Novosibirsk, Magadan, Bashkortostan (ILGA May 2013, 185; US 19 Apr. 2013, 47; Human Rights First Aug. 2013, 4);

Ryazan, Arkhangelsk (US 19 Apr. 2013, 47; Human Rights First Aug. 2013, 4); and

Kaliningrad (ibid.).

According to ILGA, the law banning "'all forms of sexual propaganda to minors'" was also passed in Moscow (May 2013, 185). ILGA explains that

[t]he provisions adopted by the different regions are generally similar, some only refer to homosexuality while others also mention "sodomy, lesbianism, bisexuality and transgenderism." Some regional laws also provide for higher levels of fines up to 500,000 roubles [about C$ 16,400 (XE 25 Oct. 2013b)] ... Most of the regional laws follow the same model, with the exception of Bashkortostan where no fine is imposed on people considered offenders under the new law. (May 2013, 185-186)

Country Reports for 2012 indicates that, according to the head of the St. Petersburg's division of the Internal Affairs Ministry, more than 70 people were convicted of "spreading 'homosexual propaganda' to children" since the law passed in St. Petersburg in February 2012 (US 19 Apr. 2013, 25). For example, ILGA reports that in April 2012, two LGBT activists were arrested in St. Petersburg under the "'Anti-Propaganda Law'" for holding slogans against homophobia, "but were later tried for different offences - specifically, disobeying a lawful order from a police officer" (ILGA May 2013, 190). In May 2012, the police detained 17 LGBT activists during the May Day demonstrations in St. Petersburg for holding rainbow flags and anti-homophobic posters (ibid.). However, instead of being charged under the "'Anti-propaganda Law,'" the LGBT activists were charged for "violating the rules on holding a public meeting and failure to obey police officers' orders" (ibid.).

Sources report that in June 2013, President Vladimir Putin signed a law that bans "'propaganda'" of "'non-traditional sexual relations'" (Human Rights First Aug. 2013, 8; US 5 July 2013; AI 3 July 2013). AI states that the federal law came into force on 1 July 2013 (ibid.). Human Rights First indicates that,

[a]ccording to Article 6.21 [of the law], "propaganda" is the act of distributing information to minors that 1) is aimed at the creating non-traditional sexual attitudes 2) makes nontraditional sexual relations attractive 3) equates the social value of traditional sexual relations with that of nontraditional sexual relations; or 4) creates an interest in nontraditional sexual relations. (Human Rights First Aug. 2013, 8)

AI notes that

[t]he penalty under this law includes fines of up to 100,000 Russian Rubles (approx. USD 3,000) for individuals, up to 200,000 Rubles (approx. USD 6,000) for public officials and up to one million Rubles (approx. USD 30,000) or suspension of their activities for up to 90 days for legal entities. Foreign nationals or stateless persons could be additionally subjected to detention of up to 15 days and deportation. (3 July 2013)

Human Rights First points out that because "'propaganda,' 'distributing information,' and 'non-traditional sexual relations'" are not legally defined, the "article's interpretation is left to the police and the courts" (Aug. 2013, 8). However, in an interview with the Associated Press and Channel 1 Russia on 4 September 2013, President Putin reportedly denied that LGBT persons in Russia are discriminated against and stated that the "nation's controversial new anti-'propaganda' law brings 'no negative consequences'" because Russia does not have "'laws targeting people of nontraditional sexual orientation'" and that they "'have full and equal rights of a Russian citizen'" (Human Rights First 4 Sept. 2013).

According to the representative of the Russian LGBT Network, physical attacks on LGBT people increased with the passage of the law on "propaganda" (23 Oct. 2013). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3.1.2 Freedom of Assembly

Country Reports for 2012 indicates that the law provides for freedom of assembly, however government "continued to restrict this right" (US 19 Apr. 2013, 24). AI reports that government authorities banned LGBT pride parades in many regions (AI 27 June 2013). Country Reports similarly notes that

[i]n St. Petersburg and several other cities, the assembly rights of LGBT activists were violated under new local laws criminalizing the "propaganda of homosexuality to minors." Such laws served as pretext to arrest LGBT activists for participating in public protests. (US 19 Apr. 2013, 25)

ILGA reports that in July 2012, the City Hall of St. Petersburg allowed for a pride parade, but retracted the decision two days later referring to the "'Anti-Propaganda Law'" (ILGA May 2013, 188). The pride parade proceeded as planned and on the day of the event some organizers were detained (ibid.). Further information on the incident could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the report of the UN High Commissioner for Human Rights, in 2010 the European Court of Human Rights fined Russia for banning LGBT parades in Moscow on "grounds of public safety" (UN 17 Nov. 2011, para. 64). Russian LGBT Network reports that permissions to hold pride parades in Moscow were denied since 2006 ([2012], 15). Country Reports for 2012 similarly states that in 2012, government authorities in Moscow banned the gay pride parade for the seventh consecutive year (US 19 Apr. 2013, 48). The report further notes that LGBT "activists' attempts to hold pride rallies were routinely broken up by police" (ibid.).

3.1.3 Foreign Agent Law

Sources report that the "foreign agent" law was adopted in 2012 (FIDH 17 June 2013; Council of Europe 25 June 2013). The law requires NGOs that receive foreign funding and engage in political activities register as "foreign agents" (FIDH 17 June 2013; AI 27 June 2013; Council of Europe 25 June 2013) and imposes "very high fines on the NGOs and their leaders in case of non-compliance with the new registration obligations" (ibid.).

According to the International Federation for Human Rights (Fédération internationale des ligues des droits de l'homme, FIDH), LGBT organizations were among the first to "be charged under this new law" (FIDH 17 June 2013). FIDH indicates that the Side by Side LGBT film festival was fined 0.5 million rubles (RUB) [about C$ 164,400 (XE 25 Oct. 2013c)] in June 2013 (FIDH 17 June 2013). According to FIDH, Coming Out, an LGBT organization from St. Petersburg, was also on trial in 2013 (ibid.). Two sources report that the director of Coming Out was fined 300,000 RUB [about C$ 9,800 (XE 25 Oct. 2013a)] for "failure to register the organization as a 'foreign agent'" (AI 27 June 2013; The Moscow Times 13 Sept. 2013). The organization was also fined 500,000 RUB [about C$ 16,400 (XE 25 Oct. 2013b)] for not registering as prescribed by law (The Moscow Times 13 Sept. 2013; AI 27 June 2013). Civil Rights Defenders, a Stockholm-based international human rights organization (Civil Rights Defenders n.d.), indicates that on 25 July 2013, the District Court of St. Petersburg repealed the decision of the magistrate's court to fine the organization and resent the case back to the magistrate's court for re-trial (ibid. 16 Aug. 2013). Further information on the results of the re-trial could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3.2 Police and Judiciary

The representative of the Russian LGBT Network indicated that police officers are not trained on LGBT issues and "most of them have the same stereotypes about LGBT people as the majority of the Russian citizens" (23 Oct. 2013). Human Rights First reports that Russian law enforcement authorities do not track incidents in which victims are targeted because of their sexual orientation (Human Rights First 4 Sept. 2013). Moreover, Human Rights First states that "no court in Russia will prosecute such attacks under Russia's hate crime provisions" (ibid.). Similarly, the representative of the Russian LGBT Network notes that LGBT complaints are not investigated (23 Oct. 2013). Country Reports for 2012 indicates that police officers "often failed to respond" when gay men were "targeted" by skinheads (US 19 Apr. 2013, 47). According to AI, Russian authorities have "failed to adequately investigate or prosecute suspected hate crimes against LGBTI people, as well as failed to investigate failures of the police to prevent such attacks" (3 July 2013).

Without providing details, the Russian LGBT Network representative indicated that between January and June 2013, 16 members of the Russian LGBT Network filed complaints with the police in different regions of the country after being attacked, but "only" two investigations were initiated (23 Oct. 2013). Country Reports for 2012 states that 12 to 14 LGBT activists were attacked and injured by young men after a rally in St. Petersburg on 12 June 2012 (US 19 Apr. 2013, 48). Five of the activists complained to the police; the police initiated a criminal investigation and arrested one of the attackers (ibid.). Further information on the incident and the consequent investigation could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Article 19, an international human rights organization that aims to promote freedom of expression around the world (UN n.d.), reports that on 29 June 2013, police arrested approximately 60 LGBT activists during the gay pride parade in St. Petersburg (Article 19 3 July 2013). Article 19 further states that, according to the Russian LGBT Network, although the parade was approved by the authorities, "police officers at the site failed to act adequately in order to prevent violence by counter-protestors who had also gathered at the site" (ibid.). According to Article 19, "many" LGBT activists were beaten up by counter-protestors and several activists had to be hospitalized as a result of their injuries (ibid.). Human Rights Watch describes the same incident and also reports that police officers "failed to take appropriate measures to protect the activists from violence" (Human Rights Watch 10 July 2013). Human Rights Watch notes that charges against some of the LGBT activists were dropped by the Dzerzhinsky District Court of St. Petersburg, however 20 hearings were still pending (ibid.). Further information on the incident could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

4. Support Services

According to the representative of the Russian LGBT Network, there are no shelters for LGBT people in Russia (23 Oct. 2013). The representative noted that there are [translation] "only few" LGBT organizations in Russia (Russian LGBT Network 23 Oct. 2013). Sources name the following organizations:

Russian LGBT Network in St. Petersburg and over 20 regions across Russia; the organization runs a 24-hour toll free hotline that provides support to the Russian LGBT community 7 days a week (ibid. [2012], 59). Volunteers who are trained as crisis centre and hotline operators provide legal help, counselling and help contacting other experts for further assistance, among others (ibid.);

Coming Out in St. Petersburg (ibid. 23 Oct. 2013; Coming Out n.d.). The organization provides psychological and legal services and organizes cultural and educational events (ibid.);

Maximum in Murmansk (Russian LGBT Network 23 Oct. 2013; Civil Rights Defenders 24 Sept. 2012). The organization, together with the Civil Rights Defenders, established the LGBT center House of Equality for LGBT community meetings (ibid. 24 Sept. 2012);

Rainbow House in Tyumen (Russian LGBT Network 23 Oct. 2013; ILGA n.d.a);

Rainbow Association in Moscow (ibid. n.d.b; Russian LGBT Network 23 Oct. 2013). The organization provides psychological assistance (ibid.).

Rakurs [or Arkhangelsk NGO (ILGA n.d.c)] in Arkhangelsk (Russian LGBT Network 23 Oct. 2013; Civil Rights Defenders 24 Sept. 2012). The organization aims to raise awareness about LGBT rights (ibid.) and provides legal and psychological assistance to LGBT persons (ILGA n.d.c);

Side by Side in St. Petersburg (Russian LGBT Network 23 Oct. 2013; Side by Side n.d.). Side by Side organizes cultural events (Russian LGBT Network 23 Oct. 2013) and Side By Side LGBT International Film Festival (Side by Side n.d.).

Further information on the LGBT organizations could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Amnesty International (AI). 3 July 2013. "Russia: Ongoing Attack on the Rights of LGBTI People." (EUR 46/028/2013) [Accessed 22 Oct. 2013]

_____. 27 June 2013. "Russian Federation: Second LGBT Organisation Falls Foul of Foreign Agents Law and Rising Homophobia." (EUR 46/025/2013) [Accessed 23 Oct. 2013]

______. 7 December 2012. "Russian Bill Threatens Freedom of Expression." (EUR 46/051/2012) [Accessed 22 Oct. 2013]

Article 19. 3 July 2013. "Russia: Sixty LGBT Activists Arrested as Propaganda Law is Adopted." [Accessed 23 Oct. 2013]

British Broadcasting Corporation (BBC). 28 October 2013. "Sochi 2014: Putin Declares Gay Athletes Welcome." [Accessed 28 Oct. 2013]

Civil Rights Defenders. 16 August 2013. "'Foreign Agent' Case Against the Director of Coming Out Dropped." [Accessed 24 Oct. 2013]

_____. 24 September 2012. "Murmansk Gets a House of Equality." [Accessed 24 Oct. 2013]

_____. N.d. "About Us - Sweden' International Human Rights Organisation." [Accessed 24 Oct. 2013]

Coming Out. N.d. "About." [Accessed 24 Oct. 2013]

Council of Europe. 25 June 2013. Parliamentary Assembly. "PACE Rapporteur Expresses Concern at 'Foreign Agents' Law in Russia." [Accessed 24 Oct. 2013]

Fédération internationale des ligues des droits de l'homme (FIDH). 17 June 2013. "Russian Federation: Stop the Anti-LGBT Law Now." [Accessed 23 Oct. 2013]

Global Times [China]. 14 October 2013. Jiao Dongjian. "LGBT Rights Fight." (Factiva)

Human Rights First. 4 September 2013. "Putin Interview Paints Distorted Picture of Russia's LGBT Bias." [Accessed 22 Oct. 2013]

_____. August 2013. Convenient Targets: the Anti-'propaganda' Law and the Threat to LGBT Rights in Russia. [Accessed 22 Oct. 2013]

Human Rights Watch. 10 July 2013. "Russia: Investigate Attacks on Peaceful LGBT Demonstrators in St. Petersburg." [Accessed 29 Oct. 2013]

International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA). May 2013. "Russia." Annual Review of the Human Rights Situation of Lesbian, Gay, Bisexual, Trans and Intersex People in Europe 2013. [Accessed 25 Oct. 2013]

_____. N.d.a. "Rainbow House." [Accessed 24 Oct. 2013]

_____. N.d.b. "Rainbow Association Moscow." [Accessed 24 Oct. 2013]

_____. N.d.c. "Rakurs - Arkhangelsk Regional Non-governmental LGBT Organization." [Accessed 24 Oct. 2013]

Inter Press Service (IPS). 17 September 2013. Pavol Stracansky. "LGBT Rights: Homosexuals Cornered in Russia." (Factiva)

Le Monde [Paris] and Agence France-Presse (AFP). 28 October 2013. "JO de Sotchi : les sportifs gays se sentiront 'bien', affirme Poutine." [Accessed 28 Oct. 2013]

The Moscow Times. 13 September 2013. "5 Heroes of Russia's Gay Rights Movement." [Accessed 10 Oct. 2013]

Radio Free Europe/Radio Liberty (RFE/RL). 15 August 2013. Tom Balmforth. "The Beginning of a Journey: the Straights Fighting for Russia's Gays." [Accessed 22 Oct. 2013]

RT News. 13 October 2013. "Dozens Arrested in Russia as Anti-gay Activists Harass LGBT Protesters." [Accessed 15 Oct. 2013]

_____. N.d. "General Info." [Accessed 29 Oct. 2013]

Russian LGBT Network. 23 October 2013. Correspondence from a representative to the Research Directorate.

_____. [2012]. "The Situation of Lesbian, Gay, Bisexual and Transgender People in the Russian Federation (Last Three Months 2011-First Half 2012)." [Accessed 22 Oct. 2013]

Side by Side. N.d. "Mission." [Accessed 22 Oct. 2013]

Transgender Europe (TGEU). N.d. "Transgender Europe - TGEU." [Accessed 7 Oct. 2013]

Transrespect Versus Transphobia Worldwide (TvT). 2013. "Reported Deaths of 1,123 Murdered Trans and Gender Variant Persons from January 2008 until December 2012." [Accessed 30 Sept. 2013]

United Nations (UN). 17 November 2011. Human Rights Council. Discriminatory Laws and Practices and Acts of Violence Against Individuals Based on Their Sexual Orientation and Gender Identity. A/HRC/19/41 [Accessed 23 Oct. 2013]

_____. N.d. Refworld. "Article 19." [Accessed 23 Oct. 2013]

United States (US). 5 July 2013. US Mission to the Organization for Security and Cooperation in Europe. "LGBT Rights in the Russian Federation." [Accessed 22 Oct. 2013]

_____. 19 April 2013. "Russia." Country Reports on Human Rights Practices for 2012. [Accessed 4 Oct. 2013]

XE. 25 October 2013a. "Currency Converter Widget." [Accessed 25 Oct. 2012]

_____. 25 October 2013b. "Currency Converter Widget." [Accessed 25 Oct. 2013]

_____. 25 October 2013c. "Currency Converter Widget." [Accessed 25 Oct. 2013]

Additional Sources Consulted

Oral sources: Attempts to contact the following organizations were unsuccessful within the time constraints of this Response: Coming Out, Gay Russia, Memorial, and Side by Side.

Internet sites, including: Argumenti i Fakti; Association of LGBT Journalists; Coalition Against Hate; ecoi.net; Factiva; Freedom House; Gay Russia; Gay Star News; GlobalGayz; The Globe and Mail; Huffington Post; International Gay and Lesbian Human Rights Commission; Legislationline; LGBT Net; LGBT Rights; Memo.ru; Moscow Helsinki Committee; The Moscow Times; Novaya Gazeta; Novye Izvestia; Observatory for the Protection of Human Rights Defenders; Organization for Security and Co-operation in Europe; Pink News; Rainbow Association; Refugee.ru; Reuters; Russia - Investigative Committee of the Russian Federation, Ministry of Justice, President of Russia; Russia Profile; Russian News and Information Agency; Russianlegislation.ru; Sova Center for Information and Analysis; St-Petersburg LGBT Pride; United Nations - Integrated Regional Information Networks, Office of the High Commissioner for Human Rights, Refworld, UN Ombudsman and Mediation Services; United States - Library of Congress.