Dokument #1009184
IRB – Immigration and Refugee Board of Canada (Autor)
According to The Third Pink Book,
societal attitudes toward homosexuality are hostile (1993, 261).
The source indicates that anal intercourse between men is
criminalized in the criminal code of Belarus, as it was in the
former Soviet Union (ibid.). The source further that under the
criminal code, homosexual acts between women are not considered a
criminal offence, nor is homosexual behavior between consenting
adults (ibid.).
An Amnesty International report states that
"[m]ale homosexual acts, specifically sodomy, were punishable by up
to five years' imprisonment under Article 119 part 1 [of the
Belarus criminal code], even if carried out in private by
consenting adults" (Jan. 1994, 3). In another report, Amnesty
International indicates that in January 1994, the Ministry of
Justice confirmed that article 119 was still in effect, and that 12
men had been sentenced in 1992 and 15 in the first half of 1993
(June 1994, 8).
A researcher for Amnesty International in
London indicates that article 119 is still in force, but that the
draft of the new criminal code proposes to abolish part 1 of
article 119 (22 June 1994). She also indicated that it is unclear
whether the Ministry of Justice figures indicate men convicted
under the first part of article 119, or under the second part of
the article which deals with homosexual acts involving force or
with a person under 14 years of age (ibid.). She stated that a
request for clarification had been made to the Minister of Justice,
but no response has yet been received (ibid.).
This response was prepared after
researching publicly accessible information currently available to
the DIRB within time constraints. This response is not, and does
not purport to be, conclusive as to the merit of any particular
claim to refugee status or asylum.
Amnesty International, London. 22 June
1994. Telephone interview with representative.
Amnesty International. June 1994. AI
Concerns in Europe: November 1993-April 1994. (AI Index: EUR
01/02/94). London: Amnesty International Publications.
. January 1994. Violations of the
Human Rights of Homosexuals. (AI Index: POL 30/01/94). London:
Amnesty International Publications.
The Third Pink Book: A Global View of
Lesbian and Gay Liberation and Oppression. 1993. Edited by Aart
Hendriks, Rob Tielman, and Evert van der Veen. Buffalo, New York:
Prometheus Books.
Amnesty International. June 1994. AI
Concerns in Europe: November 1993-April 1994. (AI Index: EUR
01/02/94). London: Amnesty International Publications.
. January 1994. Violations of the
Human Rights of Homosexuals. (AI Index: POL 30/01/94). London:
Amnesty International Publications.
The Third Pink Book: A Global View of
Lesbian and Gay Liberation and Oppression. 1993. Edited by Aart
Hendriks, Rob Tielman, and Evert van der Veen. Buffalo, New York:
Prometheus Books.