Hungary’s Rush Toward Autocracy and Legalized Homophobia

The nation of Hungry is rapidly morphing into something ugly and reminiscent of the former communist regime under Prime Minister Viktor Orban and his political cronies. Equally disturbing is the embrace of homophobia under the nation's new constitution which not only restricts marriage to heterosexuals but also fails to provide protections for lesbian, gay, bisexual and transgender people. As wonderful as Budapest and some of the other tourism opportunities might be in Hungry, it has certainly been added to my list of places to avoid like the plague. These developments which flout human rights and basic civil rights comprise a huge challenge to the European Union to which Hungry is a member. The Washington Post looks at the rise of autocracy while Gay Star News looks at the abysmal situation for LGBT citizens. Look closely, because this is the type of regime the Christianists and far right would seek to impose on America. First these highlights from the Washington Post:

WHILE THE European Union has been focused on the debt problems of Greece and Italy, a potentially more profound challenge has been developing in the Central European nation of Hungary, a former part of the Soviet bloc that now belongs to NATO and the European Union. Hungary, which still uses its own currency, the forint, is flirting with insolvency.

But Hungary has another problem too: Its right-wing nationalist government has launched an assault on its democratic system of government. Using a two-thirds majority in parliament, it has pushed through a new constitution as well as a series of fundamental laws that give the ruling party sweeping powers over the judiciary, the media, churches and the central bank. With the new charter and laws taking effect Jan. 1, the government of Prime Minister Viktor Orban now more resembles the autocratic regimes of Russia and Belarus than fellow E.U. democracies.

All but 14 religious denominations have been denied official recognition; those losing tax-exempt status and state school payments include the Episcopal and Methodist churches, several Jewish congregations, and all Muslim sects. A leading opposition radio station was denied a license by a new media board controlled by Mr. Orban’s followers.

[Orban] pushed through many more laws during the last weeks of December, including one that strips the central bank of independence and another that fixes flat tax rates in a way that will make it hard for future governments to alter them. This has given leverage to the European commission, because E.U. treaties require central bank independence. With the Hungarian government in desperate need of financing, Brussels and the International Monetary Fund have made clear no help will be forthcoming unless the laws are changed.

The new laws governing the judiciary, religious bodies and the media are incompatible with basic human rights and democratic checks and balances. For the European Union to tolerate them in a member state would be a breach of the community’s essential character.

As for the particular plight of LGBT Hungarians under the Orban regime and its foul constitution, here are highlights from Gay Star News:

The constitution that was voted on 18 April 2011 has thus now come into force; Article L of the constitution defines marriage as a union between a man and a woman, while Article XV.2 excludes sexual orientation from the protected grounds of discrimination (but does have provision for protection on the basis of race and gender).

In essence the new constitution would make it very difficult for gay and lesbian people to gain marriage equality in the near future and provides no protection for LGBT people from unfair dismissal or hate crimes.

In addition, the power of constitution courts has been curbed. Previously a law or act could be annulled by petitioning to the constitutional courts via non-governmental organizations (NGOs) or civil society organizations.

‘The Family Protection Bill basically excludes same-sex couples, and makes provisions on inheritance which may result in registered same-sex partners losing their rights to inheritance.

‘The law also states that all “media services should broadcast programs that respect the institution of marriage and family”. That “sounds” neutral but we are concerned it would be used in the media and internet against any material that has a pro-LGBT point of view.’ . . . ‘Despite such bad news,’ remarked Dombos, ‘there is a ray of hope, LGBT rights is now a mainstream issue embraced by the opposition.’

Hungary Sending a "Gays Not Wanted" Message

While more and more nations and cities seem to want to welcome the pink tourism dollar (for God's sake, even generally reactionary Richmond, Virginia has launched a LGBT tourism page), the nation of Hungary seems hell bent to chase away gays. Not only has a pride event been banned in Budapest for the lame excuse of traffic disruption, but anti-gay legislation seems to be advancing even in the face of what would appear to be an open violation of European Union requirements concerning equality for all citizens. Indeed. one would think that NOM or FRC were guiding legislative policy in the country. With plenty of LGBT friendly nations to visit in Europe, Hungary would seem to be a country to avoid when planning one's itinerary. Here are some highlights from Pink Paper on the backward slide that seems to be occurring:
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Police in Budapest banned the 2011 lesbian and gay Pride March, yesterday – because it would hinder the flow of traffic. The event, scheduled for 18 June, is considered the highlight of the gay calendar. Now, ILGA-Europe claim the decision is a clear breach of the right of freedom and assembly.
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Peaceful LGBTI Pride Marches have taken place in Budapest for several years. However, during the last few years the participants of Budapest Pride March experienced attacks by nationalist and right wing extremists.
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The European Court of Human Rights made it clear that gay people are equally entitled to the right to peaceful assembly and expression and that the state and the police have a positive obligation to protect queer public events from violent attacks by the opponents.
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The ban on Pride March adds to our concerns with the deteriorating situation for LGBTI in Hungary. Currently there is a proposal to amend the country’s Constitution to limit the scope of marriage to one man and one woman with the effect of banning the possibility of a future opening of marriage to same-sex couples.
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Moreover, a draft media law is currently being revised after heavy criticism from the EU aimed to prevent among other things same-sex affections in the media. We believe that represents dangerous signal not only to gay people in Hungary, but also across the EU. We call upon EU institutions and member states to remind Hungary of its duties and about the EU fundamental principles of equality, non-discrimination and respect for human rights for all.”

Montenegro Pulls Ahead of USA and Virginia in Civil Rights Protections

In my view it is increasingly embarrassing that the United States - falsely claimed to be the land of freedom and liberty - is falling increasingly behind other parts of the world in terms of non-discrimination laws that protect all citizens. Countries once viewed as banana republics in South America and former satellites of the Soviet Union now have more comprehensive non-discrimination protections. Indeed, the USA seems to be moving into a noxious group lead by Iran, Saudi Arabia and other quasi-theocracies in terms of the manner in which religious discrimination is upheld by American laws. Virginia ought to be severely embarrassed too. Now Montenegro - and I mean no offense to Montenegro - has broader non-discrimination protections than the home state of the author of the Declaration of Independence. One has to wonder when Virginia will start erecting signs at its borders stating that no gays, Muslims, Hindus, Buddhists and other non-Christianist are unwelcome in the state. Here are highlights from ILGA Europe on this development in Montenegro:
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On 27 July 2010, the Parliament of Montenegro with a large majority (67 votes for, 6 votes against and 4 abstained) adopted all inclusive anti-discrimination law which bans discrimination in on the grounds of various characteristics, including sexual orientation and gender identity.
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ILGA-Europe welcomes this development and congratulates Montenegrin parliamentarians, human rights groups and LGBT activists with this important step towards respecting human rights of all citizens.
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At the same time, ILGA-Europe expresses its disappointment with the statements by Mr. Ferhat Dinosha, the Minister for Human and Minority Rights, who repeatedly opposed the protection for LGBT people from discrimination on the basis of the ’moral code of the society’.
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Montenegro is a potential candidate country for joining the European Union and the last in the Western Balkans to adopt a comprehensive anti-discrimination law.

Albania Moves Ahead of Most of the USA

It ought to be increasingly embarrassing for the USA and states like Virginia that eastern European nations like Albania are moving ahead of most of the USA in terms of protections afforded to LGBT citizens. In much of the USA gays have no legal protections against discrimination - such is certainly the case in Virginia - yet Albania has just enacted legislation that, while not allowing same sex marriage - affords broad non-discrimination protects of that nation's LGBT citizens. Increasingly, the USA self-advertised "land of the free" is becoming an out right farce. Not, of course, that Christianists and spineless politicians seem to care that the nation is falling behind the modern world - or even the not so modern world. Here are some highlights from the Straits Times:
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TIRANA - ALBANIA'S new anti-discrimination law defends gays and minorities and meets European standards, its sponsors said on Friday, but warned that homophobia is rife and winning over the public will be slow. Albanian rights groups and the Alliance against the Discrimination of the Lesbian, Gay, Bisexual and Transgender (LGBT) welcomed the law as a powerful legal tool to protect against any kind of discrimination.
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'This law is not simply a fulfilment of requirements that Albania has undertaken for European Union integration and visa liberalisation. Above all, it is a victory for democracy and for human rights for all Albanians,' the LGBT community said. The group hoped that Berisha would eventually keep his promise to legalise same-sex marriage.
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Altin Azizaj, who runs the Children Rights Centre and had fought with parliamentarians over the role of a commissioner to monitor the law, said public and, most importantly, private institutions were now bound to respect human rights.
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The bill guarantees citizens against discrimination on grounds of gender, race, colour, ethnicity, religion and sexual orientation, but has widely come to be known in Albania as the gay law because of the publicity Berisha gave their cause.
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For clarification, I applaud Albania's move and condemn the USA for its failure to live up to the ideals it supposedly stands for.

European Parliament Supports Recognition of Same-Sex Partnerships

No doubt the Nazi Pope, Benedict XVI, and some of the reactionary former Soviet satellite countries in Eastern Europe will not be pleased, but the European Parliament has issued a report that among other things takes the position that (1) relevant governing bodies in member countries must condemn anti-gay statements and actions and (2) insure equal treatment of gay couples across member countries. It is refreshing to see that some modern democracies recognize that for true freedom and liberty, all people should enjoy equal legal rights. Absent an about face in this country, under Obama, I see the USA falling further and further behind the many parts of the world both in terms of equality for its citizens and economic advancement. A country cannot prosper when an anti-knowledge mindset flourishes as under the Christianist/GOP model and a portion of the population is relegated to second class status. Here are some highlights on the EU report:

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MEPs have adopted a Report on the Situation of Fundamental Rights in the EU. Complied by the European Parliament's Committee on Civil Liberties, Justice and Home Affairs, it contains recommendations on issues such as poverty, homelessness, xenophobia, the treatment of Roma people and the application of anti-discrimination laws throughout the EU.

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With regard to sexual orientation the report:
72. Takes the view that discriminatory comments against homosexuals by social and political leaders fuel hatred and violence, and calls on the relevant governing bodies to condemn them;

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73. Welcomes the publication of the first thematic report by the Fundamental Rights Agency, drawn up at Parliament’s request, on Homophobia and discrimination on grounds of sexual orientation in the EU Member States and asks to Member States and EU institutions to urgently follow the Agency's recommendations or state their reasons for not doing so;

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74. Reminds all Member States that, in line with European Court of Human Rights case-law, freedom of assembly may be exercised even if the opinions of those exercising that right go against the majority, and that, accordingly, a discriminatory ban on marches and any failure to meet the requirement to give appropriate protection to those taking part breach the principles guaranteed by the European Court of Human Rights, by Article 6 of the EU Treaty on common EU values and principles, and by the Charter;

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75. Calls on those Member States who have adopted legislation on same-sex partnerships to recognise provisions with similar effects adopted by other Member States; calls on those Member States to propose guidelines for mutual recognition of existing legislation between Member States in order to guarantee that the right of free movement within the European Union for same-sex couples applies under conditions equal to those applicable to heterosexual couples;

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76. Urges the Commission to submit proposals ensuring that Member States apply the principle of mutual recognition for homosexual couples, whether they are married or living in a registered civil partnership, in particular when they are exercising their right to free movement under EU law;

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77. Calls on those Member States who have not yet done so, and in application of the principle of equality, to take legislative action to overcome the discrimination experienced by some couples on the grounds of their sexual orientation;

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78. Calls on the Commission to make sure that Member States grant asylum to persons fleeing from persecution on the grounds of their sexual orientation in their country of origin, to take initiatives at the bilateral and multilateral level to stop the persecutions of persons on the basis of their sexual orientation, and to launch a study on the situation of trans-sexual people in the Member States and candidate countries, with regard inter alia to the risk of harassment and violence.

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The full report can be found here.

EU Told Turkey Should Be Required To End Abuses Against Gays

Human Rights Watch has made what I believe is a sound argument that Turkey should be required to adopt the standards of the European Convention on Human Rights, which include protections for LGBT citizens, as a pre-condition to Turkey's admission to the European Union. I would go further and like to see the EU threaten explusion of current Eastern European members - e.g., Poland - that continue to discriminate against LGBT citizens and/or turn a blind eye at the mistreatment of gays.

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Inasmuch as the objective of the EU is the development of a single market through a standardized system of laws which apply in all member states and to guarantee the freedom of movement of people, goods, services and capital, member nations should not be allowed to reject aspects of the EU standards they don't like. This is especially true if citizens of one member nation travels to another member nations where they should have the same rights and non-discrimination protections. Countries with a history of anti-gay bigotry need to be forced to choose between the benefits of EU membership versus clinging to their old prejudices. Here are highlights from 365gay.com:

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(London) An international human rights group has told the European Union that Turkey should not be allowed to join until it guarantees it has ended abuses against its LGBT community. A 123-page report released Thursday by Human Rights Watch details Turkish harassment and brutality throughout the country.

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Turkish law offers no express protections for LGBT people’s universal human rights. In 2005, the country reviewed some of its laws to bar discrimination, a move meant to show Turkey’s commitment to European Union standards. However, Turkey has yet to adopt a comprehensive antidiscrimination law that conforms to EU standards, Human Right Watch said.

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"In the complex path toward European Union accession, this report points to an area where little or nothing has changed," said Scott Long, director of the Lesbian, Gay, Bisexual, and Transgender Rights Program at HRW. "The EU must fully incorporate issues of sexual orientation and gender identity when considering Turkey’s application for membership.

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The report, "We Need a Law for Liberation’: Gender, Sexuality, and Human Rights in a Changing Turkey," documents what HRW calls a long and continuing history of violence and abuse based on sexual orientation and gender identity.

Poles Favour EU Gay Rights Treaty Despite Government Opposition

The Roman Catholic Church – which continues to believe that it should be able to dictate matters of Civil law in nations around the world – and reactionary elements in the Polish government have been leading opposition to Poland’s execution of the European Union Charter of Fundamental Rights because it would guaranty civil rights to LGBT citizens in Poland. As is all too typical, the opponents of the treaty have used scare tactics and raised the specter of a homosexual agenda and gay marriage that they claim threatens Polish institutions and citizens. Fortunately, their propaganda campaign has failed based on a new poll. Here are some story highlights (http://www.pinknews.co.uk/news/politics/2005-7211.html):

An opinion poll in Poland has found strong backing for a new EU treaty criticised by the country's homophobic President in an address to the nation last week. The survey will come as an embarrassment to President Lech Kaczynski, who used lurid images of gay marriage to illustrate the "threat" to the Polish nation he claims the Lisbon treaty poses.

The poll was published by daily newspaper Gazeta Wyborcza. Despite the President's dire warning that the treaty would lead to the introduction of gay marriage in Poland, 69% of respondents did not believe him. Overall 65% want the treaty to be approved and 15% do not.

Over footage of two men getting married in Canada the President, a notorious homophobe, claimed the Lisbon treaty would "affect the accepted moral order in Poland." Former Prime Minister Kaczynski claimed that Poland was "culturally different" from their EU partners, especially when it came to the rights of LGBT people and the use of the death penalty, and refused to sign up.