The fundamental rights of LGBTI people need to be a core part of the accession process and EU institutions need to work with the authorities in each accession country to ensure the gaps are tackled and important pieces of legislation are advanced over the next year.

The EU enlargement process has leverage and needs to be fully used to support the adoption of important legislation protecting the fundamental rights of LGBTI people, as well as call out when governments advance laws that go against EU principle of fundamental rights, democracy and rule of law.

Over the last year, not only have we seen the worrying trends of governments challenging the rule of law, an increase in LGBTI phobic hate speech by politicians and religious leader continuing and foreign influence being exerted to challenge advances on human rights continue, but in a number of candidate and accession countries, ruling parties have been pushing legislation forward that is actively limiting the human rights of vulnerable groups including LGBTI people. We have also seen governments putting forward Russian style foreign agent laws in Georgia and Republika Srpska in Bosnia- Herzegovina. LGBTI rights are being used to polarise society, often to distract from a broader undermining of democracy and the rule of law in these countries and other more important socio- economic and political issues.

The annual enlargement report process is a key moment to remind governments of the criteria that need to be met and point out where advancement on rule of law and the protection of fundamental rights are needed to advance the process. While in some countries progress has been too slow and the EU should ensure that important legislative processes are finally seen through (such as the legal gender recognition in Montenegro and partnership recognition for same-sex partners and a new hate crimes legislation in Ukraine), it is important to be very clear that the attempts to put forward laws that actively cancel EU fundamental rights cannot be tolerated and will need to lead to a reconsideration of the status granted by the EU.

It is especially important in this context that the EU insist that the protection of LGBTI people’s human rights are a core part, as they are often falling behind the requirements. The recommendations regarding the human rights of LGBTI people in the EU enlargement reports are key in holding governments accountable to the commitments made. This also means putting an emphasis on ensuring proper implementation of the laws protecting and granting access to fundamental rights. It is key that the EU makes this a priority in all the countries, also by supporting initiatives for training and education.

Through the region of all enlargement and candidate countries, we can clearly see how foreign forces are gaining influence and are challenging alliance with EU values and fundamental rights. The strength of disinformation and anti-LGBTI sentiment being spread across the Western Balkans region, particularly in Serbia, Bosnia and Herzegovina, Montenegro and North Macedonia, has intensified even more since Russia’s war in Ukraine, with LGBTI people and civil society as targets of smear campaigns, hatred and hostility, often originating from the government level, pro-Russia forces and religious leaders. We can see the anti-gender movement gaining more ground, spreading countless hostile and hateful statements and protests, disturbing public order and democratic processes. Politicians, religious leaders and newly formed organisations were among the most common perpetrators of hate speech, which translates into actual hate and violence against LGBTI people.

The anti-rights movement, which is well funded and coordinated, has taken root strongly in the Western Balkans region in the last years. In order to stand against this increasing influence of anti- gender forces and foreign governments trying to undermine the EU rule of law and democracy, strong civil society organisations are key as they continue to build social acceptance for fundamental rights, support vulnerable groups and are a corner stone of democratic societies.

The fact that LGBTI organisations in the Western Balkans have seen EU support decrease has further weakened their work and social cohesion in those countries. A number of LGBTI organisations had to close, and many at brink of closing, while they are facing organised attacks against their physical spaces, as well as against the legal framework which protects and guarantees their equal rights. The EU must be a supporting partner to these organisations, including their views meaningfully in consultations and negotiations, modelling civil dialogue as an important part of a democratic society, and continuing to support LGBTI organisations in the region through funding in the extremely fragile context.

ILGA-Europe has worked with ERA – LGBTI Rights Association for the Western Balkans and Turkey, to produce our annual LGBTI Enlargement Review, assessing gaps in legislation and policy for the protection and advancement of the human rights of LGBTI people in the enlargement countries, and identifying priorities the EU should insist authorities in each country need to tackle in the coming year, as identified by LGBTI activists in the respective countries.

2022 was an historic year for the enlargement process, as the EU expanded its promise of a perspective for EU accession to include Ukraine, Moldova and Georgia, following the beginning of Russia’s war in Ukraine on 24 February 2022. All three countries are now included in the EU’s annual enlargement reporting process. As ILGA-Europe has member organisations in all of the newly added countries, this year’s LGBTI Enlargement Review covers the perspectives of LGBTI civil society from all ten countries: Albania, Bosnia & Herzegovina, Georgia, Kosovo, Moldova, Montenegro, North Macedonia, Serbia, Turkey and Ukraine.

This year’s LGBTI Enlargement Review also follows a new format. We wanted to particularly highlight the importance of implementation of already existing policy and legislation, as it has become commonplace for Enlargement countries to adopt a legal framework aligning with EU standards, but not actually implementing it. As a result, each country chapter is divided into the below headings:

• Main legislation/policy to be drafted/adopted to ensure non-discrimination and access to justice for LGBTI people (priorities for the coming year)
• Implementation of already-existing legislation/policy
• Legislation/policy in process
• Feedback on the European Commission’s 2022 Enlargement Report (where applicable)
• Recommendations to the EU

These headings are then complemented by a section linking readers to the respective country chapter of ILGA-Europe’s Annual Review 2023, in order to understand the reality on the ground and more nuanced context, which often varies significantly from legislative frameworks. The chapter on Turkey is structured in a different way, in order to present the current state of play prior to the elections in May, and will be updated to reflect the priorities that emerge after the elections.

In all of the enlargement countries, we can unfortunately identify a clear trend of rule of law being challenged, foreign influence being exerted to challenge advances on human rights, including the rights of LGBTI people, and an increase of hate speech translating into violence on the ground, as well as ongoing challenges to freedom of assembly and association.

In this context, LGBTI topics are being used to polarise society, often to distract from a broader undermining of democracy and the rule of law in these countries and other more important socio-economic and political issues.

It is thus important that the EU renews a clear prospect for EU enlargement, not only for Ukraine, Moldova and Georgia, but most importantly in the Western Balkans. The commencement of accession talks with Albania and North Macedonia is an encouraging step in this regard. It is important that the EU places LGBTI rights firmly into all its considerations, and that demands on advancing the protection of the human rights of LGBTI people are put on the same footing as important processes on fighting corruption and advancing the rule of law.

Published today, ILGA-Europe’s Annual Enlargement Review urgently calls on all EU enlargement countries to properly implement their anti-discrimination, hate crime and hate speech legal frameworks, in the context of rising anti-gender, anti-rights and far-right groups.

ILGA-Europe and the LGBTI Equal Rights Association for Western Balkans and Turkey (ERA), have published their annual Enlargement Review, which outlines the developments in recognising and respecting the human rights of LGBTI people in each enlargement country (Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia, Serbia and Turkey) from January to December 2021.

The annual LGBTI Enlargement Review acts as an LGBTI submission to the Enlargement Progress Reports of the European Commission. These reports are a detailed annual assessment of the state of play in each candidate country and potential candidate country, outlining what has been achieved over the last year and what remains to be achieved. 

This year’s Enlargement Review is published in the context of rising Euroscepticism in the enlargement countries, as well as a significant rise of anti-gender, anti-rights and far-right groups across the region. Misinformation and discriminatory speech against LGBTI people has been spread in public discourse via national broadcasting and political processes, leading to the prevention of the development of laws and policies inclusive of LGBTI people. As a result, despite some welcome significant advancements in the preparation and drafting of legislation to protect the human rights of LGBTI people this year, much of this legislation is currently stalled.

The Annual Enlargement Review recognises that the EU accession process has been a strong driving force for change in the recognition of the human rights of LGBTI people in the region, and it encourages this continued commitment by outlining the laws and policies that are still needed to ensure full and genuine protection of the human rights of LGBTI people, and by providing recommendations to each country’s authorities and to the European Union.

At ILGA-Europe, we hope to see the current legislative gaps closed, in particular regarding family rights, legal gender recognition based on self-determination, and the protection of intersex people’s human rights. With the rise in anti-gender, anti-rights and far-right groups, we renew with increased urgency our call on all countries to properly implement their anti-discrimination, hate crime and hate speech legal frameworks.

Further information:

Each country’s submission is arranged under the following headings. In cases where organisations have no updates to share, the respective heading has been left out. Each thematic heading also contains recommendations for the national authorities.

• Summary of key developments 
• Main action points for the coming year 
• Bias motivated violence, hate speech, hate crimes 
• Education 
• Employment 
• Equality and non-discrimination, including legislation and enforcement 
• Freedom of assembly, association and expression 
• Health 
• Human rights defenders 
• Public opinion and attitudes 
• Recognised unions for same-sex couples 
• Rights and equal treatment of trans people 
• Rights and equal treatment of intersex people 
• A supportive and enabling environment for civil society 
• Recommendations on how the EU delegation/European Commission can support LGBTI CSOs 

LGBTI Enlargement Review 2021

Even with the rise of Euroscepticism in the Western Balkans and Turkey, the EU accession process continues to be a driving force for change in the recognition of the human rights of LGBTI+ people. The annual enlargement report process is a key moment to remind governments of the criteria that need to be met and point out where advancement, especially regarding the protection of LGBTI people, is still falling behind the requirements. The recommendations regarding the human rights of LGBTI+ people are key tools supporting LGBTI+ organisations in the region to engage with their governments and hold them accountable to the commitments made.

To ensure an accurate representation of the developments regarding the human rights of LGBTI+ people, ILGA-Europe and ERA, together with member organisations in EU enlargement countries, have compiled this submission to the Progress Reports of the European Commission.

This report reflects developments in recognising and respecting the human rights of LGBTI+ people in each enlargement country from January to December 2021. In addition to outlining key developments and challenges on the road to LGBTI equality, the report also highlights gaps in legislation and policy for the protection and advancing of the human rights of LGBTI+ people and the priorities which authorities in each country should tackle in the coming year, as identified by LGBTI+ activists in the respective countries.

ILGA-Europe has in partnership with national organisations provided the European Commission with detailed documentation on human rights violations against LGBTI people in all candidate and potential candidate countries throughout the year which is included in the submissions to the Progress Reports.

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Hungary and Poland have been in the spotlight a lot for their anti-LGBTI policies, but they are not the only countries where political leaders are acting against LGBTI communities. Here, we take a look at the political situation for LGBTI people in Eastern Europe and Central Asia in the first half of 2021.

The COVID-19 pandemic and anti-LGBTI forces have deeply impacted the LGBTI movement in Europe and Central Asia. Some governments used the health crisis against human rights defenders by limiting their use of public space, while the same restrictions have not applied to many of the activities of the anti-LGBTI movement. As a result, the pandemic has accelerated deterioration of the human rights protection systems, disrupted effectiveness of monitoring and documentation, and made the work of activists even more precarious. The worrying trends that began in 2020 continue to grow this year as a number of laws proposed and adopted in different countries limit the ability of civil society to answer to current challenges and political crackdowns.

The Dignity for All: LGBTI Assistance Program is a consortium formed by ILGA-Europe and seven other leading human rights and LGBTI organisations around the world. It provides emergency assistance, advocacy funding, and security support to human rights defenders and civil society organisations under threat or attack due to their work for LGBTI rights. Since 2012, the program has provided emergency assistance grants to human rights defenders and civil society organisations in 95 countries and territories.

Thanks to this program, we’ve been able to support the movement in the region for almost a decade. The number of requests for emergency assistance in the first six months of 2021 has considerably increased. A lot of requests were related to the repercussions of anti-LGBTI actions, the pandemic, and wellbeing issues, along with the usual security assistance provided by the program.

Through this work, we’ve been able to assess the context in the region and provided funding to civil society organisations to respond to developments like those described below.

Take a look at the political situation for LGBTI people in Eastern Europe and Central Asia in the first half of 2021:

Albania: hate speech and hate attacks

In mid-June a trans activist in Tirana was physically attacked one week after heavy hate speech in the media around a discussion on LGBTI family rights. The debate was manipulated with headlines such as ”The LGBTI community aims to remove the word mother”. Other activists in Albania received hundreds of targeted death and rape threats. This clearly shows the trend of online hatred spilling over to the real world when the perpetrators feel encouraged by hate speech to physically attack activists and the LGBTI community.

Armenia: ground-breaking judgment for LGBTI people

While the LGBTI movement continues to deal with the shockwaves of the Nagorno-Karabakh conflict, a ground-breaking judgement was delivered in Yerevan, Armenia in May, finding discrimination based on gender identity and sexual orientation in a case concerning denial of access to a sports club services to two trans people and a gay man. For the first time the court applied the Armenian Constitution, the European Convention on Human Rights and the case law from the European Court of Human Rights on discrimination in relation to sexual orientation and gender identity discrimination. The decision sets an important precedent for national case law and is a milestone in ensuring equal rights to accessing services as well as other areas of life for LGBTI people living in Armenia.

Belarus: amendments to the law could backfire against LGBTI groups

In spring, amendments to the law ‘On Counteraction to Extremism’ were adopted. The new definition of extremism is formulated in a vague way and could be applied to LGBTI groups’ activity. The wording goes: “Extremism is considered incitement to hostility or discord, including against public order and public morality, property, health, personal freedom, honor and dignity of the individual, and the structure of family relations.” The draft was not published on official websites for consultations until it was signed by the President. It is currently in force in a context that is increasingly unsafe for any dissent.

Bulgaria: anti-LGBTI rhetoric and threats to events

As in previous years, right wing parties used anti-LGBTI rhetoric to misinform the population and win voters ahead of the elections that took place in July. After LGBTI activists received threats to their physical security and to their events, they requested additional security measures during Pride marches.

Kyrgyzstan: Constitution limiting human rights

In April, Kyrgyzstan adopted a new Constitution following a nationwide referendum. Nearly 80% of the voters backed the new Constitution containing provisions that could potentially restrict LGBTI activism. One of them, aiming to ensure financial transparency of public associations, is very similar to the law on “foreign agent” in Russia, which has significantly restricted the activities of human rights organisations. Another harmful provision reads: “in order to protect the younger generation, activities that contradict moral and ethical values and public conscience of the people of the Kyrgyz Republic may be restricted by law”. This provision might prohibit any LGBTI community organising and movement-building activities in Kyrgyzstan. A video was released demonising an LGBT+ organisation, revealing the names of most of the staff members, misgendering and publicly outing them.

Latvia: LGBTI family rights move backwards

In January, the Latvian Parliament passed a draft law to restrict the definition of family in the Constitution, ruling out same-sex partnerships and same-sex families. This contravenes international human rights law and European jurisprudence, as well as Latvia’s Constitution and the decisions of its Court. Latvia is one of only six countries in the EU that provides no recognition of partnership for same-sex couples and while there have been promising developments in the last two years, this vote is a worrying step backwards.

Turkey: official hate speech and withdrawal of the Istanbul Convention

On 27 December 2020, the Turkish Parliament passed a new NGO law called “Bill on Preventing the Spread and Financing of Weapons of Mass Destruction”. However, only six articles include means and regulations to combat financing of terrorism. The rest grant the Ministry of Internal Affairs and the President wide authority to restrict the activities of civil society organisations. According to the law, the Minister can suspend the board members of NGOs and apply to the court with an immediate request of shut down the organizations, NGOs might not be able to access funds and grants from abroad upon the decision of the Minister, and official audits can be conducted by any civil servants who usually don’t have competence and loyal to the government. Many organisations have already received notes of upcoming audits just weeks after the law came into force.

Hate rhetoric from authorities against the LGBTI community and activists continues in 2021, creating an atmosphere of LGBTI hatred in society. President Erdo?an has declared: “There is no such thing as LGBT. This country is nationalist, spiritualist and is walking to the future with these values” and “let’s not worry about what lesbians say”. Another prominent figure in Turkey, the Minister of Interior, Süleyman Soylu was banned on Twitter twice after saying “LGBT perverts”. He also referred to LGBT as “perversion” during a live broadcast on Haber Global television channel and added “this LGBT thing is something that is being propagated to us from Europe and the USA. This thing can break our family structure.”

In March, Turkey announced its withdrawal from the Istanbul Convention by a Presidential decree, without debates in Parliament and society at large. This is a huge step back for protecting women’s rights and a negative precedent for other countries that are signatories of the convention.

In June, Istanbul Pride was banned for the seventh year in a row. In protest, the march took place on Saturday, 26 June. Police arrested almost 50 people, including journalists, violating their right to freedom of assembly and expression. Several hours later people were released and no charges were pressed.

We are joined by Danijel Kalezi?, president of the Governing Board of Queer Montenegro, which helped usher in legislation for civil unions for same-sex couples, which were signed into law last year, making Montenegro the second Western Balkans country, after Croatia, to do so.

Danijel is with us to talk about the journey so far in Montenegro, and the state of play for same-sex partnership rights across the Western Balkans.

LGBTI ENLARGEMENT REVIEW 2020

In order to ensure an accurate representation of the developments relating to the human rights of LGBTI people ILGA-Europe and ERA, together with our member organisations in EU accession countries, have compiled this submission to the Progress Reports of the European Commission.

This report reflects developments in the recognition and respect for the human rights of LGBTI people in each accession country during the period from January through December 2020. It is intended to assist the European Commission in assessing the progress made en route to EU accession in each country to date. In addition to outlining key developments and challenges on the road to LGBTI equality, the report also highlights gaps in legislation and policy for the promotion and protection of the human rights of LGBTI people, and the priorities which authorities in each country should tackle in the coming year, as identified by LGBTI activists in the respective countries.

In light of the devastating impact of the Covid-19 pandemic this year on the LGBTI community and work of LGBTI activists, we have also included information about its impact, and the necessary assistance that the EU can help provide in supporting LGBTI people. ILGA-Europe and ERA members have reported that the LGBTI community has been heavily impacted by the Covid-19 pandemic and that state support services have failed to reach the most vulnerable in LGBTI communities. As a result, LGBTI NGOs have had to adapt their previous plans and budgets to cover humanitarian aid gaps within the State response to the crisis, providing food, hygiene kits and shelter to LGBTI people who have lost their jobs or been rendered homeless. This has left organisations depleted in terms of human resources and finances, and they have found donors and funders in many cases to have not been flexible with their funding. Even funding specifically earmarked for Covid-19 response has not been possible to use for service provision and support. Given the unsustainable response by governments, it is more essential than ever for the EU to support LGBTI people in the accession countries via funding for supporting LGBTI communities and community-needs advocacy. This funding is essential in order to allow LGBTI NGOs to support the community during the pandemic and ensuing economic crisis, and for them to also have the financial and human resources capacity to continue advocacy work for legislative and policy change within the accession framework. A survey conducted by ERA with its members in the summer of 2020, found that the Covid-19 related measures taken by governments have had numerous negative consequences for the LGBTI+ community including: interruption of essential health services by state institutions, inability to receive essential community services from NGOs, heightened levels of homelessness, increased incidents of domestic violence, closure of LGBTI+ businesses, a significant loss of jobs and rising mental health problems. LGBTI+ organisations have also faced challenges due to the Covid-19 pandemic measures including: loss of funding, closure of community centres, cancellation of services and other activities as well as a general shift towards emergency humanitarian work for LGBTI+ people in need.

LGBTI ENLARGEMENT REVIEW 2019

In order to ensure an accurate representation of the developments relating to the human rights of LGBTI people ILGA-Europe and ERA, together with our member organisations in EU accession countries, have compiled this submission to the Progress Reports of the European Commission.

This report reflects developments in the recognition and respect for the human rights of LGBTI people in each accession country during the period from January through December 2019. It is intended to assist the European Commission in assessing the progress made en route to EU accession in each country to date. In addition to outlining key developments and challenges on the road to LGBTI equality, the report also highlights gaps in legislation and policy for the promotion and protection of the human rights of LGBTI people, and the priorities which authorities in each country should tackle in the coming year, as identified by LGBTI activists in the respective countries.
We hope that this input will be useful in the process of assessing the progress of each country to date, and in identifying key priorities in the coming year.

We also hope that this report will be used as guidance by the EU officials, MEPs and EU representatives in the accession countries throughout the year, when referring to rights of LGBTI persons in the accession countries and the much needed further improvement of their position in society and within legal and policy frameworks.

The EU accession process has been, and continues to be, a driving force for change in the recognition of the human rights of LGBTI people throughout the region. Year on year the human rights of LGBTI people continue to feature notably in the reports, assessing progress to date and setting out recommendations for the authorities to implement in the future. In order to ensure this implementation, we deem it necessary to extend this reporting process so that it includes mechanisms for the follow-up of the recommendations to national governments, and for reporting back to civil society on how data published in the reports are used in this regard throughout the year. In this way we can ensure that the reports reach their full potential when it comes to securing social and legal change for the rights of LGBTI people in the region.

LGBTI ENLARGEMENT REVIEW 2018

The EU accession process has been, and continues to be, a driving force for change in the recognition of the human rights of LGBTI people throughout the region not only through the criteria that countries have to meet, but through the annual Enlargement Reports. Year on year the human rights of LGBTI people continue to feature notably in the reports, assessing progress to date and setting out recommendations for the authorities to implement in the future , as well as providing a key tool used by LGBTI organisations in the region to engage with their governments and hold them accountable for the commitments made.

In order to ensure an accurate representation of the developments relating to the human rights of LGBTI people ILGA-Europe, together with our member organisations in EU accession countries, have compiled this submissions to the Progress Reports of the European Commission.

This report reflects developments in the recognition and respect for the human rights of LGBTI people in each accession country during the period from January through December 2018. It is intended to assist the European Commission in assessing the progress made en route to EU accession in each country to date. In addition to outlining key developments and challenges on the road to LGBTI equality, the report also highlights gaps in legislation and policy for the promotion and protection of the human rights of LGBTI people, and the priorities which authorities in each country should tackle in the coming year, as identified by LGBTI activists in respective countries.
We hope that this input will be useful in the process of assessing the progress of each country to date, and in identifying key priorities in the coming year.

LGBTI ENLARGEMENT REVIEW 2017

This report reflects developments in LGBTI people’s rights in each accession country since October 2016, in particular in reference to recommendations identified by the European Commission in last year’s Enlargement Reports, as well as highlighting the key priorities that LGBTI organisations have identified for the coming year. As human rights more broadly, and the human rights of LGBTI people more specifically, continue to hold an ever stronger position among the Copenhagen Criteria accession countries are required to meet prior to becoming eligible for admission into the EU, this report is intended to assist the European Commission in assessing the progress made in each country to date, and providing clear guidance on reforms or measures that still need to be taken. In turn, the Enlargement Reports issued by the European Commission are a key tool used by LGBTI organisations in the region to engage with their governments and hold them accountable for the commitments made.

This paper was composed by ILGA-Europe, on behalf of Sarajevo Open Centre, to inform decision-makers in both the EU and its accession countries in the Western Balkans about advocacy priorities regarding LGBTI issues in the region in the coming year.

The situation for LGBTI people is at a pivotal moment in most accession countries. Much has been achieved over the last years, mainly due to EU accession process, with key developments in anti-discrimination and hate crime legislation, respect for freedom of assembly and expression, and an increase in the number and capacity of LGBTI civil society organisations.

Yet much is left to be done to ensure the human rights of LGBTI persons in the region. This is a unique moment in time for taking the next steps. Governments in the region are keen to progress in order to join the EU, which provides an opportunity for the LGBTI movement to reach further to achieve several key aims, including effective implementation of existing legislation across urban and rural areas, promoting an enabling environment for civil society, and pushing for adoption of legal gender recognition and registered partnership for same sex couples.

This paper sets out the state of play and overarching policy aims for the region as a whole in the coming years, as well as shedding light on each country specifically. It wascomposed by ILGA-Europe, on behalf of Sarajevo Open Centre, to inform decision-makers in both the EU and accession countries about advocacy priorities regarding LGBTI issues in the coming years. The paper is based on interviews with and input from LGBTI organisations active in the region: ProLGBT (Albania), SOC and UNDP (Bosnia), CSGD (Kosovo*), Subversive Front and LGBT Support Center (‘The former Yugoslav Republic of Macedonia’), Queer Montenegro (Montenegro), Labris and Gayten (Serbia), ERA – LGBTI Equal Rights Association for the Western Balkans and Turkey, Civil Rights Defenders, Trans Network Balkan and TGEU (regional).