Situation of homosexuals [BYS17536.E]

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.

References


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.

Attachments

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.