New Bulgarian LGBT+ Law Marginalizes Communities, Rights Groups Warn

An amendment to Bulgaria’s education law, passed last month, bans the "propaganda, promotion, or incitement in any way, directly or indirectly, in the education system of ideas and views related to non-traditional sexual orientation and/or gender identity other than the biological one." Graphic: IPS

An amendment to Bulgaria’s education law, passed last month, bans the “propaganda, promotion, or incitement in any way, directly or indirectly, in the education system of ideas and views related to non-traditional sexual orientation and/or gender identity other than the biological one.”

By Ed Holt
BRATISLAVA, Sep 4 2024 – A law banning the portrayal of LGBT+ identities in Bulgarian educational institutions is just the latest piece of repressive legislation in a wider assault on minorities and marginalized communities across parts of Europe and Central Asia, rights groups have warned.

The law, passed in a fast-track procedure last month, is similar to legislation passed or proposed in many countries across the region in recent years that restricts LGBT+ rights. 

And while the Bulgarian law is expected to have a harmful impact on children and adolescents in the country, it is also likely to be followed by legislation aimed at repressing other groups in society, following a pattern implemented by autocratic rulers across the region, activists say.

“Often anti-LGBT laws go hand in hand with other [repressive] legislation. One will come soon after the other. What this is all about is for certain political parties to concentrate and gain ultimate power for themselves. LGBT+ people and other marginalized groups are just scapegoats,” Belinda Dear, Senior Advocacy Officer at LGBT+ organisation ILGA Europe, told IPS.

An amendment to Bulgaria’s education law, passed on August 7, 2024 with a huge majority in parliament, bans the “propaganda, promotion, or incitement in any way, directly or indirectly, in the education system of ideas and views related to non-traditional sexual orientation and/or gender identity other than the biological one”.

Kostadin Kostadinov, chairman of the far-right Vazrazhdane (Revival) party that introduced the legislation, said that “LGBT propaganda is anti-human and won’t be accepted in Bulgaria.”

Critics say the law will have a terrible impact on LGBT+ children in a country where LGBT+ people already face struggles for their rights. In its most recent Rainbow Map, which analyses the state of LGBTQ+ rights and freedoms across the continent, ILGA Europe ranked Bulgaria 38 out of 48 countries.

“The teachers we have spoken to are really afraid of what is going to happen now. We are expecting to see a sharp increase in attacks and abuse of schoolchildren over gender and sexual orientation,” Denitsa Lyubenova, Legal Program & Projects Director at Deystvie, one of Bulgaria’s largest LGBT+ organizations, told IPS.

“The law has just been passed so we cannot be sure of its specific impacts just yet, but what we know from elsewhere is that laws like this in schools will impact children and adolescents, it will increase bullying and legitimize discrimination by other students, and even teachers,” added Dear.

Like other rights campaigners, Lyubenova pointed out the similarities between the Bulgarian law and similar legislation passed in other countries in Europe and Central Asia in recent years.

So-called ‘anti-LGBT+ propaganda’ laws were passed in Hungary in 2021 and Kyrgyzstan last year. These were in turn inspired by Russian legislation passed almost a decade earlier, which has since been expanded to the entire LGBT+ community and followed by laws essentially banning any positive expression of LGBT+ people.

Reports from rights groups have shown the harmful consequences of such legislation.

But while these laws have been roundly condemned by local and international rights bodies, political parties in some countries continue to attempt to push them through.

On the same day the Bulgarian law was passed, the far-right Slovak National Party (SNS) said it was planning to put forward a bill restricting discussion and teaching of LGBT+ themes in schools at the next parliamentary session in September.

Meanwhile, in June, the ruling Georgian Dream party in Georgia proposed legislation which would, among others, outlaw any LGBT+ gatherings, ban same-sex marriages, gender transition and the adoption of children by same-sex couples.

It will also prohibit LGBT+ ‘propaganda’ in schools and broadcasters and advertisers will have to remove any content featuring same-sex relationships before broadcast, regardless of the age of the intended audience.

In both countries, the proposed legislation comes soon after the implementation of so-called ‘foreign agent laws’ which put restrictions and onerous obligations on certain NGOs which receive foreign funding. Critics say such laws can have a devastating effect on civil society, pointing to a similar law introduced in Russia in 2012 as part of a Kremlin crackdown on civil society. The legislation, which led to affected NGOs being forced to declare themselves as ‘foreign agents’ has resulted in many civil society organisations in fields from human rights to healthcare being effectively shuttered.

Campaigners say it is no coincidence that anti-LGBT+ legislation and ‘foreign agent’ laws are being introduced closely together.

“[The anti-LGBT+ legislation] is likely to be the first in a series of laws that will discriminate against not just LGBT+ people, but other marginalized groups, which are seen as a ‘problem’ by far right organizations in Bulgaria,” said Lyubenova.

“This anti-LGBT+ law came from the Revival party, which has previously put forward bills for a ‘foreign agent law’ in Bulgaria. We are expecting a bill for foreign agent legislation to be introduced to Bulgaria’s parliament soon,” she added.

In Georgia, where legislation restricting LGBT+ rights will be debated in a final reading this month in parliament, civil society activists say the government is using one law to fuel support for the other.

“Both laws are part of the same, great evil [the government is pushing],” Paata Sabelashvili, a board member with the Equality Movement NGO in Georgia, told IPS.

Dear said the passing of ‘foreign agent’ laws was part of a template used by autocratic regimes to hold onto power “by dismantling civil society, which keeps a watch on politicians”.

The other parts of the template, she said, were to also “dismantle the independence of the judiciary, and the media”. Russia, Hungary, Georgia and Slovakia regularly score poorly in international press freedom indexes, and concerns have been raised about threats to media independence in Kyrgyzstan. Meanwhile, Russia is widely seen as no longer having an independent judiciary and concerns have been raised about government influence in the judicial systems in Slovakia, Georgia and Hungary.

Governments that have introduced these laws have said they are essential to preserve their countries’ traditional values and to limit foreign regimes—usually specifically western—influencing internal politics and destabilizing the country. These claims have been repeatedly rejected by the civil society and minority groups the laws are aimed at.

Some rights campaigners see the introduction of these laws as part of a coordinated international effort to not just spread specific ideologies but also entrench autocratic regimes.

While ostensibly the introduction of such legislation are the acts of independent sovereign regimes, campaigners say the politicians behind these laws are not necessarily acting entirely on their own initiative.

Activists in Slovakia and Georgia who have spoken to IPS highlight the strongly pro-Russian sentiments expressed by governing parties in their countries, while Hungarian prime minister Viktor Orban has been heavily criticized even among European Union officials for his closeness to the Kremlin and criticism of help for Ukraine since the start of Russia’s full-scale invasion of its neighbour. Meanwhile, Russia—as it does with many other central Asian countries—and Kyrgyzstan have historic ties dating back to the Soviet Union.

“These parties [behind these laws] have links to Russia. [Pushing through this kind of legislation] is strategically coordinated; it’s very well-planned,” said Dear.

“I believe this is all part of a wider trend linked to far right governments and/or parties,” Tamar Jakeli, LGBT+ activist and Director of Tbilisi Pride in Tbilisi, Georgia, told IPS.

Forbidden Colours, a Brussels-based LGBT+ advocacy group, linked the Bulgarian law directly to the Kremlin’s repression of rights in Russia.

“It is deeply troubling to see Bulgaria adopting tactics from Russia’s anti-human rights playbook,” the group said in a statement.

Meanwhile, international and Bulgarian rights groups have called on the EU to act to force the Bulgarian government to repeal the anti-LGBT+ law, while Bulgarian civil society organisations are getting ready to fight its implementation. There have been street protests against it in the capital, Sofia, and Lyubenova said her organisation was also preparing legal challenges to the law.

“What these far-right groups are doing with this law is they are testing our ability to stand up to hateful actions. We have to challenge it,” said Lyubenova.

IPS UN Bureau Report

 


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