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 accepted by the Senate and awaits presidential signature, will seemingly intensify censorship, harassment and violence in opposition to LGBTQI+ folks and hinder 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 assist and rating political factors. Anti-LGBTQI+ rhetoric presents queer folks 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 in opposition to LGBTQI+ folks 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 international brokers legislation much like Russia’s. This transfer can also be meant to show to Russia that Kazakhstan stays its ally. On this context, authorities have intensified repression at house, significantly in opposition to journalists and LGBTQI+ folks, utilizing our neighborhood as a handy political goal.
How will this invoice have an effect on LGBTQI+ folks 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 in opposition to the proposed legislation at a civic discussion board attended by authorities representatives. Two days later, army 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 due to media and public strain.
A month later, throughout a non-public presentation of analysis on LGBTQI+ folks in Kazakhstan, a bunch of homophobic folks pressured their method 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 sooner or later 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 an alternative, clearly in retaliation for our activism. They held me for 3 hours with out exhibiting 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 chance of prison costs based mostly on false accusations, which may 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 maintain consideration on what is occurring. 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+ folks. We run workshops to assist younger queer folks perceive their rights and start their journeys as activists. We share data and organise neighborhood 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 getting ready shadow experiences for processes such because the United Nations (UN) Human Rights Council Common Periodic Evaluate course of and opinions beneath the Conference on the Elimination of All Types of Discrimination in opposition to Ladies and the Worldwide Covenant on Civil and Political Rights.
What worldwide assist are you receiving, and what extra is required?
Worldwide civil society organisations similar to Entrance Line Defenders and the Worldwide Lesbian, Homosexual, Bisexual, Trans and Intersex Affiliation assist our work, alongside organisations similar to COC Netherlands and intergovernmental our bodies together with the Group for Safety and Co-operation in Europe and UN mechanisms.
Their assist is important, but it surely isn’t sufficient. We’d like governments similar to France, Germany, the Netherlands and the UK – that are main buyers in Kazakhstan – to pay extra consideration to what’s taking place on the bottom. Naming and shaming can work, however provided that it’s adopted by actual penalties. These governments should strain 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 thus far we’ve struggled to achieve journalists keen to report on our unlawful arrests, kidnappings and torture. Press protection, public statements and sustained strain from worldwide civil society, media and public figures could make a distinction by placing Kazakhstan beneath the highlight and growing the political price of signing this invoice into legislation.
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