Belarus LGBTQI+ rights statement

The Belarusian regime has equated the open expression of LGBTQ+ identity with the creation of pornographic content. The Belarusian activist sector and the privacy of queer individuals is in danger!

Belarusian queer activists ask for close attention to the unprecedented attempt by the Lukashenko regime in Belarus to legally restrict the right of LGBTQ+ people to freedom of expression and freedom of assembly. As a result of legislative manipulation, Belarusian officials have officially equated the demonstration of LGBTQ+ identities and relationships with the creation of pornography, which is criminalised in Belarus. This puts activist and educational organisations at great risk, restricts LGBTQ+ people's rights, and prevents them from accessing vital information about their identity, sexuality, health or inadmissibility of violence on the basis of SOGI.

In this regard, we request:

• Hold the Belarusan regime accountable for adopting a discriminatory legal provision that is unconstitutional and violates citizens' rights to free expression and information.
• Strengthen support for Belarusian LGBTQ initiatives and projects on sexuality education abroad and domestically.
• Actively practice a sensitive approach to the selection and support of grant applications and communication with activist groups, prioritise the safety of target groups and activists, take into account the aspect of digital, legal and psychological safety along with other performance indicators, take into account the context in which activists work with target groups and offer a more flexible and variable approach to project, financial management and PR strategies of initiatives.

We also call for attention and respect for the needs and risk assessments that come from within the Belarusian human rights sector and that activist_women talk about in their reports. In 4 years, massive repression and insecurity have become a new reality for the Belarusan queer community inside the country. On this shaky ground, a new foundation for their life is being built today: and this life has new restrictions and rules that neither the community nor the Belarusian activist sector has faced before. International organisations that seek to develop the Belarusan human rights movement and support Belarusan LGBTQ+ people need to get serious about rethinking the paternalistic and colonialist narratives that have been applied to the region of post-Soviet countries for decades, and listen more to voices from within local communities.

What can help us hear each other?

• Support research activism, as it allows us to understand more specifically and clearly the challenges faced by different vulnerable groups within the LGBTQ+ community and to reach out to those who are more isolated and fearful of the new reality.
• We also call on all international organisations and foundations to critically reconsider the traditional scepticism of the grant economy towards targeted aid and activist resilience, which in particular targets projects that support targeted psychological and medical care. Activist_s under increasing legislative pressure are not only "human resources" but also living human beings from vulnerable groups.
• Please strengthen links with grassroots activist groups, motivate beneficiaries to develop cooperation within the sector and horizontal forms of organisational self-management.
• Talk about the rights of the LGBTQ+ community in Belarus with other actors of the Belarusan democratic movement - don't let Belarusan politicians pretend that nobody wants to protect the lives and families of LGBTQ+ people in Belarus.

Legal context: what has changed?

On 19 March 2024, the Ministry of Culture of the Republic of Belarus made changes to the legislative definition of pornographic content, the creation and/or distribution (including display, duplication and advertising) entails criminal or administrative liability under Article 19.7 of the CAO, Articles 343 and 343-1 of the Criminal Code.

Despite the fact that formally the changes concern only the issues of the definition of pornography, the human rights community in its expertise unequivocally points out that the use of the new law against LGBTQ+ persons becomes a "gray zone" in which not only the letter of the law, but also the broad social and non-legal homo- and transphobic context in which the law will be applied by the Belarusan authorities.

How does the new law affect the LGBTQ community?

The law has a negative impact on the LGBTQ community for several reasons:

1. Increased censorship: The law increases control over internet content, which makes access to information about sexual orientation and gender identity more difficult (important - the law covers not only materials containing erotic elements, but also educational materials on SOGI, sexual and reproductive health). This limits the ability of LGBT people to find supportive texts and communities, which is especially important in a context where public support is limited and the state is hostile.
2. Online dating with risk of prosecution: The law is easily used to harass and blackmail queer people, and in particular MSM and transgender women's groups involved in prostitution. Online dating is becoming a serious risk area, as MIA officers continue to actively practice provocations with fake "dates" for these vulnerable groups.
3. Self-censorship and negative health consequences: the need for constant self-censorship, increased security measures and the impossibility of trusting contact even in "one's own environment" (e.g. virtual dating) leads to psychological depression, isolation and increased risky behaviour. In turn, this will negatively affect the level of mental illness, suicide and parasuicide statistics, as well as hinder systemic work on HIV.
4. Stigma and discrimination: The deliberate inclusion of references to non-normative SOGI in the definition of pornography places queer identities alongside marginalised social phenomena and crimes. This reinforces the stigmatisation of LGBTQ people in the public consciousness and reinforces the treatment of LGBTQ people as legally defeated citizens in the eyes of officials and everyday people. Reinforcement of negative stereotypes inevitably leads to an increase in the level of aggression and violence against queer people.
5. A vivid example of the state policy of intense stigmatisation of LGBTQ+ people at the legislative level is the story of a transgender activist who was arrested several times for her political views and, after being evacuated from Belarus, spoke about the torture and sexualised violence used against her in order to intimidate and humiliate her.
6. Restriction of freedom of speech and expression: The law restricts freedom of speech and expression because, under the pretext of combating pornography, the regime can legally block information resources (websites, social media accounts) where LGBT people can freely express their thoughts and share their experiences. This prevents the free exchange of information and support within the community.

The situation with the rights of LGBTQ+ people in Belarus is not improving!

Since the beginning of 2024, the situation with the rights of LGBTQ+ people in Belarus has been characterised by increased repression and discrimination, and people face systemic discrimination and lack of legal protection. Despite the appearance of the pornography ordinance in the legislation, the human rights community is still in limbo due to the announcement of legislative changes along the lines of Russia's homophobic law "on propaganda" announced by the Prosecutor General's Office earlier this year in relation to LGBTQ+ people.

Transgender people are one of the most vulnerable groups within the community. According to activist reports, at least 10 transgender people left the country last year due to discrimination and repression. This year, activist initiatives are recording a continuation of narrowing opportunities for transgender transition: at the first 2024 Gender Transition Commission, held in May, 80 per cent of applicants were turned down. Transgender activists note that while last year the community held out hope that the numerous refusals were due to the replacement of the chief sexologist, today it has become obvious that obstruction of transgender transition and pressure on transgender people is a new state trend. Unfortunately, we can observe that this trend is fully synchronised with Russian legislative trends and is directed against LGBTQ+ people as a social group.

We call on all human rights institutions to continue raising the topic of Belarus and the rights of Belarusian LGBTQ+ people in the international arena, to speak about it as part of a systemic problem related to the suppression of the democratic movement in Belarus and the Kremlin's colonial ambitions towards our country.