CIVICUS discusses Kazakhstan’s anti-LGBTQI+ invoice with Temirlan Baimash, activist and co-founder of QUEER KZ youth initiative, a Kazakhstani LGBTQI+ organisation.
On 12 November, Kazakhstan’s decrease home of parliament unanimously handed a invoice banning ‘LGBTQI+ propaganda’, introducing fines and as much as 10 days’ imprisonment for repeat offences. Though homosexuality was decriminalised in 1998, the invoice, which has now been authorized by the Senate and awaits presidential signature, will probably intensify censorship, harassment and violence towards LGBTQI+ individuals and impede civil society organisations that advocate for his or her rights.
Why is the federal government pursuing an anti-LGBTQI+ legislation now?
The federal government has each home and geopolitical causes for pushing this new legislation criminalising LGBTQI+ activism and expression.
At house, it’s going through rising public dissatisfaction. Selling an anti-LGBTQI+ legislation helps shift consideration away from financial issues and calls for of accountability for abuses, together with the mass shootings and killing of peaceable protesters ordered by President Kassym-Jomart Tokayev in January. The legislation additionally helps mobilise conservative help and rating political factors. Anti-LGBTQI+ rhetoric presents queer individuals as a risk to what are described as ‘conventional values’, deepening stigma and making violence appear acceptable. State-aligned media repeat this message, whereas authorities tolerate it, making a local weather the place assaults towards LGBTQI+ individuals and human rights defenders are more and more normalised.
Exterior components additionally play a job. Within the context of deteriorating relations with the USA, the federal government is more and more copying Russian insurance policies. For instance, authorities have been pushing a overseas brokers legislation much like Russia’s. This transfer can also be meant to reveal to Russia that Kazakhstan stays its ally. On this context, authorities have intensified repression at house, significantly towards journalists and LGBTQI+ individuals, utilizing our group as a handy political goal.
How will this invoice have an effect on LGBTQI+ individuals if adopted?
Though the legislation hasn’t been adopted but, it’s already affecting us. Repression has intensified, and my colleagues and I’ve confronted arrest, detention, torture and different types of ill-treatment.
In October, our colleague Aziyat Agishev spoke out towards the proposed legislation at a civic discussion board attended by authorities representatives. Two days later, navy personnel kidnapped him, beat him and denied him entry to his lawyer and household regardless of there being no authorized grounds for his detention. He was solely launched because of media and public stress.
A month later, throughout a non-public presentation of analysis on LGBTQI+ individuals in Kazakhstan, a gaggle of homophobic individuals pressured their means into the venue, filmed us and provoked a confrontation. Later that day, police detained our colleague Ardzh Turynkhan, held him in a single day and fined him round US$170. Whereas he was detained, officers mocked him, threatened him with rape and bodily violence and ignored his requests for assist, regardless of the very fact he has a incapacity.
Simply someday after this incident, on 22 November, the identical group attacked us once more in a café. Though we have been the victims, police detained me as a substitute, clearly in retaliation for our activism. They held me for 3 hours with out displaying any authorized paperwork, surrounded by round 10 cops and secret service brokers. They later fined me on unrelated grounds. My colleague and I now face the danger of legal prices primarily based on false accusations, which might result in jail sentences.
How are you opposing this legislation?
Regardless of the dangers, we proceed to doc violations, converse out publicly and attempt to preserve consideration on what is going on. This legislation can nonetheless be blocked, as a result of President Tokayev has between 10 and 30 days to signal it, and he hasn’t signed it but. We and different civil society teams are mobilising to cease it.
We additionally work to empower LGBTQI+ individuals. We run workshops to assist younger queer individuals perceive their rights and start their journeys as activists. We share info and organise group occasions and gatherings to strengthen networks and construct resilience.
As a result of civic house is closely restricted and home avenues for dissent are extraordinarily restricted, worldwide advocacy is important. We have interaction human rights mechanisms by making ready shadow experiences for processes such because the United Nations (UN) Human Rights Council Common Periodic Overview course of and opinions below the Conference on the Elimination of All Types of Discrimination towards Girls and the Worldwide Covenant on Civil and Political Rights.
What worldwide help are you receiving, and what extra is required?
Worldwide civil society organisations reminiscent of Entrance Line Defenders and the Worldwide Lesbian, Homosexual, Bisexual, Trans and Intersex Affiliation help our work, alongside organisations reminiscent of COC Netherlands and intergovernmental our bodies together with the Group for Safety and Co-operation in Europe and UN mechanisms.
Their help is significant, nevertheless it isn’t sufficient. We want governments reminiscent of France, Germany, the Netherlands and the UK – that are main traders in Kazakhstan – to pay extra consideration to what’s occurring on the bottom. Naming and shaming can work, however provided that it’s adopted by actual penalties. These governments should stress our authorities economically and politically to cease this legislation from passing.
We additionally want worldwide media to inform our story. This repressive legislation can’t be ignored, but to this point now we have struggled to achieve journalists prepared to report on our unlawful arrests, kidnappings and torture. Press protection, public statements and sustained stress from worldwide civil society, media and public figures could make a distinction by placing Kazakhstan below the highlight and growing the political price of signing this invoice into legislation.
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