LGBT Pride March in the Moldovan capital of Chisinau is banned by the Mayor
Below is a message from the Moldovan LGBT activists.
MESSAGE FROM PARTICIPANTS IN THE 7TH MOLDOVAN LESBIAN, GAY, BISEXUAL AND TRANSGENDER PRIDE “RAINBOW OVER THE DNISTER”
CHISINAU, MOLDOVA
08 MAY 2008
We, participants of the 7th Moldovan LGBT pride “Rainbow over the Dniester” protest over the decision of the Chisinau city hall to ban the peaceful public manifestation in support of tolerance an non-discrimination in Moldovan society, organized by NGO “GenderDoc-M”. The manifestation was planned for 11th of May 2008 at 11:00 am, and we have decided to proceed with our plans despite the city hall ban. The latter is unlawful, as according to Moldovan laws only the court can prohibit a march, and not a local authority. Moreover, in 2007 the Supreme Court has found a similar decision of the city hall as violating Constitution and the European Convention for Human Rights. It is already sixth time that a peaceful LGBT demonstration is banned in Moldova, despite pressure and criticism of the Council of Europe, European Union and the Organisation for Security and Cooperation in Europe.
From the police, city hall and mass-media we have learned that a number of groups is planning violent attacks on pride participants. We believe that the unlawful decision of the city hall was designed to shift the responsibility for any victims of this violence from local authorities and the police to pride organizers. The actions of the Chisinau city hall and the police are in violation of the European Convention for Human Rights and the Universal Declaration for Human Rights, to which Moldovan is a signatory, as well as other international human rights obligations of the Moldovan state. It is also against the European Charter of Fundamental Rights of the European Union, which Moldova has aspirations to join.
We believe that human rights belong to all people, regardless of sexual orientation and gender identity. Everyone has the right to expression in a public space. We therefore call on Chisinau mayor to withdraw the ban, and on Moldovan law-enforcement authorities to provide adequate protection to pride participants.
For more information please visit www.gay.md or call GenderDoc-M Executive Director Boris Balanetkii at +37322276094
TRANSLATION OF THE CHISINAU CITY HALL DISPOSITION :
CHISINAUCITY HALL
DISPOSITION
NR. 321-D FROM 08.05.2008
“With regards to prohibiting organization of a public manifestation in the city of Chisinau”
Based on examination of an advance declaration nr. 162 from 18.04.2008 of the Information Center GenderDoc-M, taking into consideration information from the office of the general police commissioner of the city of Chisinau nr. 2548 from 08.05.2008 about disagreement of religious organizations with regards to allowing the respective manifestation, as well as letters from school students, dwellers of the city of Chisinau, opinions of public associations and of the citizens, which have appeared on the internet, in mass media, on the radio and on television, which accuse sexual minorities of aggressiveness and violation of spiritual and moral values, in order to avoid any tensions in society, on the basis of articles 5 (1), art. 6, art. 8 (b), art. 10 (3), art. 16 (1-4), art. 18 (1,2) and art. 19 from the Law of the Republic of Moldova nr. 26 – XIV on public manifestations, and … the law on local public administration, the Chisinau mayor decides:
- To prohibit organization of a meeting in form of a public action, solicited by the Information Centre “GenderDoc-M” on 11 May 2008.
- Social-humanitarian and interethnic department (Mrs. Stratulat) to ensure control over execution of this disposition.
General Mayor of Chisinau
Dorin Chirtoaca
LEGAL COMMENT BY GENDERDOC-M
According to the new Moldovan law on public manifestations, local authorities have no right to prohibit a public manifestation. In case they have serious proof that the law will be broken during a public manifestation, they can take organisers of a public manifestation to court, and ONLY the latter can decide to prohibit the manifestation. Therefore this decision has no legal value.
The reasons for prohibition are also clearly limited by the law, and do not include any reasons given by the city hall in the letter above, except for violation of public morality. However, as Moldovan courts have already previously established, GenderDoc-M manifestations are not violating public morality.
