Annual report on the situation of human rights of LGBT people in the Republic of Macedonia in 2010
29/11/2011
Submitted by
Helsinki Committee for Human Rights of the Republic of Macedonia
HOMOPHOBIA – national policy of the Republic of Macedonia
The previous year of 2010 was marked by several major events which have provoked an open encouragement of hate toward LGBT people on a disturbing level, as well as omission of the protection of their rights. LGBT people were continuously abused in the political goals by the government in cooperation with the religious institutions, in the attempt to defocus the public from the actual problems. The adoption of the crucial Law on Prevention and Protection from Discrimination, which was intended to bring protection and safety for LGBT people, among others, once again confirmed the high level of homophobia of those who manage the state institutions, hence we may describe the year 2010 as a year of promotion of homophobia as the "correct attitude” in the official state policy.
On the other hand, the LGBT community itself is still showing a low or non-existent organization, which puts it in a situation of being subject to manipulations, abuse and being a target of hate speech and hate acts, without having a possibility to defend itself in the process. The low level of organization of the LGBT community reduces the possibility of involvement of any societal / political subject, in order to stand in its defense.
CONTENTS
1. Legal Framework
1.1 Law on Prevention and Protection from Discrimination
1.2 Law on Family
1.3 Law on Criminal Procedure
1.4 Law on Labor Relations
1.5 Law on the Rights of Patients
2. Public Events
2.1 Education
2.2 Hate sponsored by the city of Skopje
2.3 Media
2.4 Religious communities and constitutional changes
3. LGBT community
3.1 Freedom of Assembly and Association
3.2 Freedom of Expression
3.3 Hate speech
1. Legal Framework
1.1 Law on Prevention and Protection from Discrimination
The changes of the legal framework of our country in 2010 not only failed to improve rights and provide LGBT people with an opportunity to enjoy them, but on the contrary, in the process of adopting the Law on Prevention and Protection From Discrimination, paradoxically, discrimination did occur, accompanied by hate speech towards LGBT people by officials and distinguished members of the party in government. Even despite the proposed Law, prepared by the Ministry of Labor and Social Policy in cooperation with citizens' organizations, sexual orientation was one of the prohibited bases for discrimination, in the government procedure, sexual orientation was removed as a basis, which gave a signal that the state does not wish to protect LGBT people like other people and considers them as second-class citizens. The Helsinki Committee for Human Rights of the Republic of Macedonia has already reacted on the basis that Article 3 must contain sexual orientation as a basis for discrimination.
Sexual orientation as a basis for discrimination is an integral part of the European Human Rights Convention (Article 14 and protocol 12), confirmed via the practice of the European Court for Human Rights, by EU Directives, as well as the Charter for Human Rights of the European Union, toward which the Republic of Macedonia strives. Moreover, the state is clearly criticized on this matter in the last report of the European Commission. Adding this basis to the Law is particularly necessary due to raising awareness of discrimination of marginalized groups and providing them with adequate protection .
The manner on which the Law was adopted sent a message to the public that the state does not recognize LGBT people as its citizens and that they are not protected by the state, thus this opened a possibility for many people to publicly state their prejudice, stereotypes and hate towards other people, only because of their sexual orientation and gender identity or expression.
Gender identity and expression, or transgenderism, is also not taken in consideration in the Law on Prevention and Protection from Discrimination. Furthermore, transgenderism does not even exist as a matter in the public discourse, and there is no medical, legal or judicial practice regarding the needs and protection of transgender persons.
1.2 Law on Family
The Law on Family still recognizes only communities between people from different sex. Even the public discussion on the Law on Prevention and Protection from Discrimination was redirected into a discussion on the Law on Family. The party in government expressed concern that provided that sexual orientation is to be recognized as a prohibited basis for discrimination, changes in the Law on Family would be inevitable, i.e. there would be requests on recognizing same-sex partnerships and adoption of children. With this, it entirely redirected the public discussion and promoted homophobia as a legitimate, correct attitude.
As accentuated in previous analyses and reports, in the section on domestic violence in the Law on Family, the right of existence of a partnership of same-sex partners is entirely denied and LGBT people are completely deprived of protection from domestic violence. Article 94-b paragraph 2 states:
Close and personal relations, as stipulated by this law, are personal relations between persons of different sex who are or were in partnership relations, and are not living in a non-marital community.
With this definition of “close and personal relations”, the Law on Family not only denies the right to any type of partnership to same-sex partners, but also prohibits “close and personal relations”, and it denies that same-sex partners may have intimate relationships, thus they do not have a right to protection in case of violence in an intimate relationship.
1.3 Law on Criminal Procedure
The Criminal Code of the Republic of Macedonia, despite the large number of remarks and recommendations by citizens’ organizations and experts, still contains no definitions regarding hate speech and hate crimes. The process of adopting the Law on Prevention and Protection from Discrimination, accompanied by horrifying hate speech toward LGBT people, demonstrated the non-sustainability of the vacuum with the lack of defining this criminal acts and it requires its immediate amendments, where sexual orientation and gender identity would be added to the other grounds forbidden for discrimination. A supplementation of the legislative with procedures for recognizing and leading proceedings in cases of hate-motivated crimes is also necessary.
1.4 Law on Labor Relations
Article 6 of the Law on Labor Relations, which regards the prohibition of discrimination, contains the term "sex direction” which should indicate prohibition of discrimination based on sexual orientation. Unfortunately, with this formulation, of which MASSO has given an excellent explanation several years ago , cannot be treated as a concurrence to the EU Directive 78/2000.
Specifically, sexual orientation regards sexuality with all its aspects, biological, cultural, societal, psychological as well as political aspects (also with gender norms), while “sex direction” rigidly regards only the biological aspect (and not sexuality with all its complexity), which once again deprives LGBT people of the "capability" of developing intimate, emotional, romantic, spiritual, partnership relations, which may be considered as discriminatory terminology, which has been unknown in the international legislative, theory and methodology so far. With this, LGBT people may only seek protection under the basis of “other personal characteristics”.
1.5 Law on the Rights of Patients
The Law on the Rights of Patients is the first and thus far, only law which prohibits discrimination based on sexual orientation. This makes it both unclear and indicating, when sexual orientation has already been introduced into the legislation as a prohibited basis for discrimination, why hasn't it been added to the Law on Prevention and Protection from Discrimination.
2. Public Events
2.1 Education
This year was also marked by utterly homophobic events in the area of education. On May 17th, the International Day Against Homophobia, the Helsinki Committee for Human Rights of the Republic of Macedonia held a public debate on the topic of Generating or fighting against homophobia in the educational system of the Republic of Macedonia, in the EU Info Centre, and the participants were the Dutch Ambassador, Her Excellency Simone Filipini, Sheldon Jate from UNICEF, Professor Mirjana Najchevska and Drashko Kostovski from H.E.R.A., while the moderator was Slavcho Dimitrov from the Coalition for sexual and health care rights of the marginalized communities. Unfortunately Mrs. Vesna Horvatovic, Director of the Bureau for development of education, did not respond to the invitation to be one of the introductors in the debate. The main topic was the schoolbooks used in the educational system in the Republic of Macedonia, which directly promote homophobia with their attitudes toward LGBT people. The Debate resulted in the following unanimous conclusions:
1. The research and monitoring conducted over curriculums in the secondary and tertiary education in the Republic of Macedonia show significant presence of stereotypical representation of homosexuals, and numerous attempts of making homosexuality appear pathological, which is contrary to the provisions of WHO, APA as well as the Doctors' Chamber of Macedonia and the Macedonian Psychiatric Association. These were the reasons why the debate called upon the Government of the Republic of Macedonia, and particularly the Ministry of Education and Science and the Bureau for development of education, to draw back the existing schoolbooks and creating programmes and features in accordance with modern knowledge and facts, which shall enable the promotion of the principles of non-discrimination, democracy and respect for human rights.
2. The research “Love after classes” conducted by NGO H.E.R.A. shows that the knowledge on sexual and reproductive health among the secondary school students is still insignificant. A large number of students show absolute lack of knowledge on some of the basic methods of protection from sexually transmitted infections, as well as significant presence of prejudice and stereotypes, especially towards minority groups. A large number of students’ parents show a positive attitude toward the introduction of sexual health education, while existing topics in the programmes only partially cover the topics in the sexual education complex. This fact brought the conclusion that it is necessary to introduce sexual health education which shall have a holistic approach toward problems and shall be based on good experiences and practices from other countries (Sweden, Belgium, The Netherlands etc.).
3. There was joint approval for the initiative on introducing the "Life Skills" subject, and a call was made for serious and consistent implementation of this programme.
4. There was also approval for the preparation of the Strategy for sexual and reproductive health by the Ministry of Health in cooperation with the expert public and the non-government sector. Simultaneously, a recommendation was given that the Strategy must seriously be based on an approach which shall consider the needs and problems of marginalized communities, especially gender and sexual minorities.
Due to the absence of reaction by the Ministry of Education, particularly by the Bureau for development of education, the Helsinki Committee requested and held a meeting with the Minister of Education on September 1st 2010, where it showed the open promotion of hate toward LGBT people in the country's educational system. He was also presented with a letter by the World Health Organization (WHO) Office in Skopje, together with the classification of illnesses and disorders, which clearly shows that the WHO does not treat homosexual orientation as an illness or disorder, a standard which the Republic of Macedonia must also abide by, as a member of the WHO. The Minister took the obligation of forming a Commission in order to revise the disputable schoolbooks.
However, after several months, with the court case scandal against the columnist and activist Irena Cvetkovic, the Minister forgot his obligation and stood in defense of homophobia, stating that it requires a high-scale debate in society. The court case against the columnist Irena Cvetkovic once again pointed to the fact that our society is highly homophobic.
2.2 Hate sponsored by the city of Skopje
The Helsinki Committee for Human Rights of the Republic of Macedonia sternly reacted to spending the citizens' money on promoting discriminating and hate speech, and encouraged the city of Skopje to work according to the findings of the Ombudsman and to publicly condemn discriminatory procedures, in order to send a clear signal to society that Skopje is a city of solidarity and cosmopolitism, a city where fundamental rights and freedoms should be undoubtedly celebrated.
Namely, the first consequence of the Law on Prevention and Protection From Discrimination appeared in June. It was a process where one group of citizens (LGBT) was spoken of with hate speech like never before. After this process of adoption of the Law, logically, the first example of open, direct discrimination of LGBT people occurred, as well as of atheists and anti-theists. One part of the promotion poster for a festival of a motorbike association stated: No alcohol, drugs, weapons, animals, 666 and gays. The biggest concern is that the city of Skopje was a sponsor of the festival.
This act violates the Constitution of the Republic of Macedonia, international agreements and conventions which the Republic of Macedonia has ratified, which made them a part of the national legal framework, as well as the recently adopted Law on Prevention and Protection from Discrimination.
This act, under the auspices of the city of Skopje, is contrary to the righteous society we claim we stand for and is a reminder of the existing stigma especially toward LGBT people and unambiguously directs us to the need of amendment of the Law on Prevention and Protection from Discrimination, where the existing stigma and prejudice create a need of explicit noting of sexual orientation as a basis on which discriminatory behavior is prohibited.
2.3 Media
In the previous years the media in the Republic of Macedonia display strengthening of the support of the LGBT community, even though the media that had been homophobic have increased their hate speech towards LGBT people to the maximum. The trend of increased support of media may be viewed through the scope of continuous endangerment of freedom of expression and human rights of more and more groups of people, among which are journalists, which somehow has informally initiated the creation of a block of organizations, activists and intellectuals for the protection of basic rights and mutual help. This is how a large number of marginalized groups received stronger support by people who are not usually homophobic, but also have not decided to publicly express their support.
The pro-government media presented the LGBT people with utter discrimination, and used inadequate visual material whilst presenting the news. The visualization was in favor of achieving increased stigma and non-acceptance of LGBT people in society. With this, they joined the intense government campaign for insulting, humiliation and social exclusion of LGBT people.
However, in around 50 articles for and about LGBT people, there is a reduction of sensationalism (which used to be a trait even of balanced media in the previous years) as well as an increased level of objectivity and/or neutrality while presenting news regards the LGBT issues.
2.4 Religious communities and constitutional changes
In synergy with public appearances of government representatives, Macedonian Orthodox Church – Ohrid Archbishopric (MPC – OA) gathered the other religious communities and they jointly proposed an amendment of the Constitution in the direction of constitutional prohibition of marriages of people of the same sex.
Specifically, the Inter-religious Council, consisting of the leaders of religious communities has made a unanimous decision of initiating constitutional changes, on the proposition of MPC – OA. The idea is that marriage is constitutionally affirmed and defined as a community between a man and a woman and to prevent the adoption of children without parents by persons of the same sex or a single parent.
This is not the first time that MPC - OA unscrupulously violates human rights and promotes hate, and the lack of knowledge on the topic of human rights cannot be an excuse for this.
The highest act in this country unambiguously defines it as secular. Furthermore, the Law on Prevention and Protection From Discrimination protects the right and freedom of belief, and hence, of non-belief in a certain religion or lifestyle. One of the basic principles of the concept of non-discrimination is that no one uses his own right to violate the right of another.
The attempt of defocusing the public away from other issues must not be used by the religious communities toward the stigmatization of the rest of society. This act of MPC - OA and other religious communities, in synergy with the public appearances and actions of the Government of the Republic of Macedonia, accentuates the frequent occurrence of discrimination and encouragement of various types of violence in the recent period toward LGBT people only because of their sexual orientation.
This is not the first unscrupulous attack on the secular character of the state. MPC - OA regularly surpasses the boundaries not only of its legally determined role, but of its basic mission, messages it sends and belief it promotes.
3. LGBT community
3.1 Freedom of Assembly and Association
There has not yet been any public assembly or protest of LGBT people in the Republic of Macedonia. The Helsinki Committee for Human Rights in cooperation with partner organizations organizes the March for Tolerance two years in a row, whilst in the public, especially in certain media there are deliberate attempts of twisting the meaning and message of this event into a "concealed gay parade", even despite the precise idea and agenda given by the organizers. The excellent cooperation with the Ministry of Internal Affairs is worthy of mentioning, in particular with the Police Station Beko, which enabled the March to be held with no risk on the participants' safety.
At this time there is no LGBT organization which would actively work on representation for social and legal changes regarding LGBT people. The only LGBT organization Equality for Gays and Lesbians – EGAL is mainly dedicated to prevention and protection from HIV and Sexually Transmitted Infections. The Helsinki Committee for Human Rights of the Republic of Macedonia and the Coalition for sexual and health care rights of the marginalized communities have programs, parts of its activities, regarding issues related to the rights of LGBT people, but that is not their primary mission, hence the crucial need of establishing an LGBT organization, whose basic mission would be representation for changing the legal and social status of LGBT people.
This state of invisibility of LGBT people places the entire community on an empty space where many political and other structures are free to abuse it and promote hate towards it. This situation became particularly visible in the process of adopting the Law on Prevention and Protection from Discrimination.
There has not yet been any public debate regarding gender identity and/or expression in the Republic of Macedonia, hence there are no informal groups or organization which shall promote their rights. The Helsinki Committee for Human Rights of the Republic of Macedonia has two cases of transgender persons (female to male) and the Coalition for sexual and health care rights has one case (male to female), thus we expect that in 2011 the rights of transgender persons are spoken of for the first time.
3.2 Freedom of Expression
In 2010 there were several places such as cafes and clubs where LGBT people could get together. Their characteristic is that they appear, work for a certain period of time and they close down, and then they reappear on a new location. This is conditioned by the fear of LGBT people of revealing their sexual orientation and/or gender identity, thus when the location becomes recognizable, they stop going there. This is why web social networks continue to be the main channels for socialization of LGBT people.
EGAL has continued organizing the festival "Zunica" ("Rainbow), which marks every incoming spring. There has been no notification by the organizer on any problems during the organization of the festival.
3.3 Hate speech
Aside from the abovementioned examples with the motorbike festival, as well as hate toward LGBT people promoted by certain electronic and printed media, two events are horrifying examples of hate speech.
On a meeting of the Permanent Commission for the rights and freedoms of the citizen in the Parliament of the Republic of Macedonia, on the discussion on the Law on Prevention and Protection From Discrimination, where representatives from the civil sector and LGBT activists also attended, a member from the party in government, a doctor by profession, pointed at the LGBT activists and stated that “homosexuals are sick people and should be medically treated, and not to be protected by law”.
Incredible statements were also given by the headman of the Macedonian Orthodox Church – Ohrid Archbishopric, who, instead of accordingly to the basic mission of the faith he represents – to spread love, promoted hate towards LGBT people. To make the paradox even bigger, in his statement: “Imagine if God had created two men or two women. Or if he had created two male monkeys or two female monkeys, and man was to be created from them. History would have lasted very shortly" he basically made reference to Darwin's theory!
These stunning examples of hate speech toward LGBT people once again confirm the urgency of introduction of legal sanctions against hate speech and crimes motivated by hate in the Criminal Code.
The previous year of 2010 was marked by several major events which have provoked an open encouragement of hate toward LGBT people on a disturbing level, as well as omission of the protection of their rights. LGBT people were continuously abused in the political goals by the government in cooperation with the religious institutions, in the attempt to defocus the public from the actual problems. The adoption of the crucial Law on Prevention and Protection from Discrimination, which was intended to bring protection and safety for LGBT people, among others, once again confirmed the high level of homophobia of those who manage the state institutions, hence we may describe the year 2010 as a year of promotion of homophobia as the "correct attitude” in the official state policy.
On the other hand, the LGBT community itself is still showing a low or non-existent organization, which puts it in a situation of being subject to manipulations, abuse and being a target of hate speech and hate acts, without having a possibility to defend itself in the process. The low level of organization of the LGBT community reduces the possibility of involvement of any societal / political subject, in order to stand in its defense.
CONTENTS
1. Legal Framework
1.1 Law on Prevention and Protection from Discrimination
1.2 Law on Family
1.3 Law on Criminal Procedure
1.4 Law on Labor Relations
1.5 Law on the Rights of Patients
2. Public Events
2.1 Education
2.2 Hate sponsored by the city of Skopje
2.3 Media
2.4 Religious communities and constitutional changes
3. LGBT community
3.1 Freedom of Assembly and Association
3.2 Freedom of Expression
3.3 Hate speech
1. Legal Framework
1.1 Law on Prevention and Protection from Discrimination
The changes of the legal framework of our country in 2010 not only failed to improve rights and provide LGBT people with an opportunity to enjoy them, but on the contrary, in the process of adopting the Law on Prevention and Protection From Discrimination, paradoxically, discrimination did occur, accompanied by hate speech towards LGBT people by officials and distinguished members of the party in government. Even despite the proposed Law, prepared by the Ministry of Labor and Social Policy in cooperation with citizens' organizations, sexual orientation was one of the prohibited bases for discrimination, in the government procedure, sexual orientation was removed as a basis, which gave a signal that the state does not wish to protect LGBT people like other people and considers them as second-class citizens. The Helsinki Committee for Human Rights of the Republic of Macedonia has already reacted on the basis that Article 3 must contain sexual orientation as a basis for discrimination.
Sexual orientation as a basis for discrimination is an integral part of the European Human Rights Convention (Article 14 and protocol 12), confirmed via the practice of the European Court for Human Rights, by EU Directives, as well as the Charter for Human Rights of the European Union, toward which the Republic of Macedonia strives. Moreover, the state is clearly criticized on this matter in the last report of the European Commission. Adding this basis to the Law is particularly necessary due to raising awareness of discrimination of marginalized groups and providing them with adequate protection .
The manner on which the Law was adopted sent a message to the public that the state does not recognize LGBT people as its citizens and that they are not protected by the state, thus this opened a possibility for many people to publicly state their prejudice, stereotypes and hate towards other people, only because of their sexual orientation and gender identity or expression.
Gender identity and expression, or transgenderism, is also not taken in consideration in the Law on Prevention and Protection from Discrimination. Furthermore, transgenderism does not even exist as a matter in the public discourse, and there is no medical, legal or judicial practice regarding the needs and protection of transgender persons.
1.2 Law on Family
The Law on Family still recognizes only communities between people from different sex. Even the public discussion on the Law on Prevention and Protection from Discrimination was redirected into a discussion on the Law on Family. The party in government expressed concern that provided that sexual orientation is to be recognized as a prohibited basis for discrimination, changes in the Law on Family would be inevitable, i.e. there would be requests on recognizing same-sex partnerships and adoption of children. With this, it entirely redirected the public discussion and promoted homophobia as a legitimate, correct attitude.
As accentuated in previous analyses and reports, in the section on domestic violence in the Law on Family, the right of existence of a partnership of same-sex partners is entirely denied and LGBT people are completely deprived of protection from domestic violence. Article 94-b paragraph 2 states:
Close and personal relations, as stipulated by this law, are personal relations between persons of different sex who are or were in partnership relations, and are not living in a non-marital community.
With this definition of “close and personal relations”, the Law on Family not only denies the right to any type of partnership to same-sex partners, but also prohibits “close and personal relations”, and it denies that same-sex partners may have intimate relationships, thus they do not have a right to protection in case of violence in an intimate relationship.
1.3 Law on Criminal Procedure
The Criminal Code of the Republic of Macedonia, despite the large number of remarks and recommendations by citizens’ organizations and experts, still contains no definitions regarding hate speech and hate crimes. The process of adopting the Law on Prevention and Protection from Discrimination, accompanied by horrifying hate speech toward LGBT people, demonstrated the non-sustainability of the vacuum with the lack of defining this criminal acts and it requires its immediate amendments, where sexual orientation and gender identity would be added to the other grounds forbidden for discrimination. A supplementation of the legislative with procedures for recognizing and leading proceedings in cases of hate-motivated crimes is also necessary.
1.4 Law on Labor Relations
Article 6 of the Law on Labor Relations, which regards the prohibition of discrimination, contains the term "sex direction” which should indicate prohibition of discrimination based on sexual orientation. Unfortunately, with this formulation, of which MASSO has given an excellent explanation several years ago , cannot be treated as a concurrence to the EU Directive 78/2000.
Specifically, sexual orientation regards sexuality with all its aspects, biological, cultural, societal, psychological as well as political aspects (also with gender norms), while “sex direction” rigidly regards only the biological aspect (and not sexuality with all its complexity), which once again deprives LGBT people of the "capability" of developing intimate, emotional, romantic, spiritual, partnership relations, which may be considered as discriminatory terminology, which has been unknown in the international legislative, theory and methodology so far. With this, LGBT people may only seek protection under the basis of “other personal characteristics”.
1.5 Law on the Rights of Patients
The Law on the Rights of Patients is the first and thus far, only law which prohibits discrimination based on sexual orientation. This makes it both unclear and indicating, when sexual orientation has already been introduced into the legislation as a prohibited basis for discrimination, why hasn't it been added to the Law on Prevention and Protection from Discrimination.
2. Public Events
2.1 Education
This year was also marked by utterly homophobic events in the area of education. On May 17th, the International Day Against Homophobia, the Helsinki Committee for Human Rights of the Republic of Macedonia held a public debate on the topic of Generating or fighting against homophobia in the educational system of the Republic of Macedonia, in the EU Info Centre, and the participants were the Dutch Ambassador, Her Excellency Simone Filipini, Sheldon Jate from UNICEF, Professor Mirjana Najchevska and Drashko Kostovski from H.E.R.A., while the moderator was Slavcho Dimitrov from the Coalition for sexual and health care rights of the marginalized communities. Unfortunately Mrs. Vesna Horvatovic, Director of the Bureau for development of education, did not respond to the invitation to be one of the introductors in the debate. The main topic was the schoolbooks used in the educational system in the Republic of Macedonia, which directly promote homophobia with their attitudes toward LGBT people. The Debate resulted in the following unanimous conclusions:
1. The research and monitoring conducted over curriculums in the secondary and tertiary education in the Republic of Macedonia show significant presence of stereotypical representation of homosexuals, and numerous attempts of making homosexuality appear pathological, which is contrary to the provisions of WHO, APA as well as the Doctors' Chamber of Macedonia and the Macedonian Psychiatric Association. These were the reasons why the debate called upon the Government of the Republic of Macedonia, and particularly the Ministry of Education and Science and the Bureau for development of education, to draw back the existing schoolbooks and creating programmes and features in accordance with modern knowledge and facts, which shall enable the promotion of the principles of non-discrimination, democracy and respect for human rights.
2. The research “Love after classes” conducted by NGO H.E.R.A. shows that the knowledge on sexual and reproductive health among the secondary school students is still insignificant. A large number of students show absolute lack of knowledge on some of the basic methods of protection from sexually transmitted infections, as well as significant presence of prejudice and stereotypes, especially towards minority groups. A large number of students’ parents show a positive attitude toward the introduction of sexual health education, while existing topics in the programmes only partially cover the topics in the sexual education complex. This fact brought the conclusion that it is necessary to introduce sexual health education which shall have a holistic approach toward problems and shall be based on good experiences and practices from other countries (Sweden, Belgium, The Netherlands etc.).
3. There was joint approval for the initiative on introducing the "Life Skills" subject, and a call was made for serious and consistent implementation of this programme.
4. There was also approval for the preparation of the Strategy for sexual and reproductive health by the Ministry of Health in cooperation with the expert public and the non-government sector. Simultaneously, a recommendation was given that the Strategy must seriously be based on an approach which shall consider the needs and problems of marginalized communities, especially gender and sexual minorities.
Due to the absence of reaction by the Ministry of Education, particularly by the Bureau for development of education, the Helsinki Committee requested and held a meeting with the Minister of Education on September 1st 2010, where it showed the open promotion of hate toward LGBT people in the country's educational system. He was also presented with a letter by the World Health Organization (WHO) Office in Skopje, together with the classification of illnesses and disorders, which clearly shows that the WHO does not treat homosexual orientation as an illness or disorder, a standard which the Republic of Macedonia must also abide by, as a member of the WHO. The Minister took the obligation of forming a Commission in order to revise the disputable schoolbooks.
However, after several months, with the court case scandal against the columnist and activist Irena Cvetkovic, the Minister forgot his obligation and stood in defense of homophobia, stating that it requires a high-scale debate in society. The court case against the columnist Irena Cvetkovic once again pointed to the fact that our society is highly homophobic.
2.2 Hate sponsored by the city of Skopje
The Helsinki Committee for Human Rights of the Republic of Macedonia sternly reacted to spending the citizens' money on promoting discriminating and hate speech, and encouraged the city of Skopje to work according to the findings of the Ombudsman and to publicly condemn discriminatory procedures, in order to send a clear signal to society that Skopje is a city of solidarity and cosmopolitism, a city where fundamental rights and freedoms should be undoubtedly celebrated.
Namely, the first consequence of the Law on Prevention and Protection From Discrimination appeared in June. It was a process where one group of citizens (LGBT) was spoken of with hate speech like never before. After this process of adoption of the Law, logically, the first example of open, direct discrimination of LGBT people occurred, as well as of atheists and anti-theists. One part of the promotion poster for a festival of a motorbike association stated: No alcohol, drugs, weapons, animals, 666 and gays. The biggest concern is that the city of Skopje was a sponsor of the festival.
This act violates the Constitution of the Republic of Macedonia, international agreements and conventions which the Republic of Macedonia has ratified, which made them a part of the national legal framework, as well as the recently adopted Law on Prevention and Protection from Discrimination.
This act, under the auspices of the city of Skopje, is contrary to the righteous society we claim we stand for and is a reminder of the existing stigma especially toward LGBT people and unambiguously directs us to the need of amendment of the Law on Prevention and Protection from Discrimination, where the existing stigma and prejudice create a need of explicit noting of sexual orientation as a basis on which discriminatory behavior is prohibited.
2.3 Media
In the previous years the media in the Republic of Macedonia display strengthening of the support of the LGBT community, even though the media that had been homophobic have increased their hate speech towards LGBT people to the maximum. The trend of increased support of media may be viewed through the scope of continuous endangerment of freedom of expression and human rights of more and more groups of people, among which are journalists, which somehow has informally initiated the creation of a block of organizations, activists and intellectuals for the protection of basic rights and mutual help. This is how a large number of marginalized groups received stronger support by people who are not usually homophobic, but also have not decided to publicly express their support.
The pro-government media presented the LGBT people with utter discrimination, and used inadequate visual material whilst presenting the news. The visualization was in favor of achieving increased stigma and non-acceptance of LGBT people in society. With this, they joined the intense government campaign for insulting, humiliation and social exclusion of LGBT people.
However, in around 50 articles for and about LGBT people, there is a reduction of sensationalism (which used to be a trait even of balanced media in the previous years) as well as an increased level of objectivity and/or neutrality while presenting news regards the LGBT issues.
2.4 Religious communities and constitutional changes
In synergy with public appearances of government representatives, Macedonian Orthodox Church – Ohrid Archbishopric (MPC – OA) gathered the other religious communities and they jointly proposed an amendment of the Constitution in the direction of constitutional prohibition of marriages of people of the same sex.
Specifically, the Inter-religious Council, consisting of the leaders of religious communities has made a unanimous decision of initiating constitutional changes, on the proposition of MPC – OA. The idea is that marriage is constitutionally affirmed and defined as a community between a man and a woman and to prevent the adoption of children without parents by persons of the same sex or a single parent.
This is not the first time that MPC - OA unscrupulously violates human rights and promotes hate, and the lack of knowledge on the topic of human rights cannot be an excuse for this.
The highest act in this country unambiguously defines it as secular. Furthermore, the Law on Prevention and Protection From Discrimination protects the right and freedom of belief, and hence, of non-belief in a certain religion or lifestyle. One of the basic principles of the concept of non-discrimination is that no one uses his own right to violate the right of another.
The attempt of defocusing the public away from other issues must not be used by the religious communities toward the stigmatization of the rest of society. This act of MPC - OA and other religious communities, in synergy with the public appearances and actions of the Government of the Republic of Macedonia, accentuates the frequent occurrence of discrimination and encouragement of various types of violence in the recent period toward LGBT people only because of their sexual orientation.
This is not the first unscrupulous attack on the secular character of the state. MPC - OA regularly surpasses the boundaries not only of its legally determined role, but of its basic mission, messages it sends and belief it promotes.
3. LGBT community
3.1 Freedom of Assembly and Association
There has not yet been any public assembly or protest of LGBT people in the Republic of Macedonia. The Helsinki Committee for Human Rights in cooperation with partner organizations organizes the March for Tolerance two years in a row, whilst in the public, especially in certain media there are deliberate attempts of twisting the meaning and message of this event into a "concealed gay parade", even despite the precise idea and agenda given by the organizers. The excellent cooperation with the Ministry of Internal Affairs is worthy of mentioning, in particular with the Police Station Beko, which enabled the March to be held with no risk on the participants' safety.
At this time there is no LGBT organization which would actively work on representation for social and legal changes regarding LGBT people. The only LGBT organization Equality for Gays and Lesbians – EGAL is mainly dedicated to prevention and protection from HIV and Sexually Transmitted Infections. The Helsinki Committee for Human Rights of the Republic of Macedonia and the Coalition for sexual and health care rights of the marginalized communities have programs, parts of its activities, regarding issues related to the rights of LGBT people, but that is not their primary mission, hence the crucial need of establishing an LGBT organization, whose basic mission would be representation for changing the legal and social status of LGBT people.
This state of invisibility of LGBT people places the entire community on an empty space where many political and other structures are free to abuse it and promote hate towards it. This situation became particularly visible in the process of adopting the Law on Prevention and Protection from Discrimination.
There has not yet been any public debate regarding gender identity and/or expression in the Republic of Macedonia, hence there are no informal groups or organization which shall promote their rights. The Helsinki Committee for Human Rights of the Republic of Macedonia has two cases of transgender persons (female to male) and the Coalition for sexual and health care rights has one case (male to female), thus we expect that in 2011 the rights of transgender persons are spoken of for the first time.
3.2 Freedom of Expression
In 2010 there were several places such as cafes and clubs where LGBT people could get together. Their characteristic is that they appear, work for a certain period of time and they close down, and then they reappear on a new location. This is conditioned by the fear of LGBT people of revealing their sexual orientation and/or gender identity, thus when the location becomes recognizable, they stop going there. This is why web social networks continue to be the main channels for socialization of LGBT people.
EGAL has continued organizing the festival "Zunica" ("Rainbow), which marks every incoming spring. There has been no notification by the organizer on any problems during the organization of the festival.
3.3 Hate speech
Aside from the abovementioned examples with the motorbike festival, as well as hate toward LGBT people promoted by certain electronic and printed media, two events are horrifying examples of hate speech.
On a meeting of the Permanent Commission for the rights and freedoms of the citizen in the Parliament of the Republic of Macedonia, on the discussion on the Law on Prevention and Protection From Discrimination, where representatives from the civil sector and LGBT activists also attended, a member from the party in government, a doctor by profession, pointed at the LGBT activists and stated that “homosexuals are sick people and should be medically treated, and not to be protected by law”.
Incredible statements were also given by the headman of the Macedonian Orthodox Church – Ohrid Archbishopric, who, instead of accordingly to the basic mission of the faith he represents – to spread love, promoted hate towards LGBT people. To make the paradox even bigger, in his statement: “Imagine if God had created two men or two women. Or if he had created two male monkeys or two female monkeys, and man was to be created from them. History would have lasted very shortly" he basically made reference to Darwin's theory!
These stunning examples of hate speech toward LGBT people once again confirm the urgency of introduction of legal sanctions against hate speech and crimes motivated by hate in the Criminal Code.
