Azerbaijan: Sexual orientation and gender identity-based discrimination

Universal Periodic Review, UN Human Rights

Sexual relations between men in Azerbaijan were decriminalized since January 2001 possibly due to it being a pre-requisite for Council Europe membership.[1]

Transgender women who sell sex on the streets are the group which has the highest level of abuse from both law enforcement bodies and society. Gender reassignment surgeries and hormonal therapy are not possible in Azerbaijan which considerably limits transgender women’s access to employment. Organizations working on LGBT issues in Azerbaijan report constant police abuse of transgender sex workers including arbitrary detention, blackmailing, physical and sexual violence. Sex work is not criminalized in Azerbaijan but police frequently conducts raids. In May 2007 28 transgender sex workers aged 18 to 37 were forcibly detained and taken to a police station were they were forcibly tested for STIs and HIV. During the raid they were severely beaten and there were two gun shots made into the air to scare them. The next day they were tried in court for ‘not following police orders’ and sentenced to three days of prison detention. Their parents were not allowed to be in the court during the trial and the NGO representatives had difficulty accessing the detention facility. Personal belongings taken during the raid were not returned to their owners. The case was reported to Azerbaijani Ombudsman’s office but no response was received or action taken.

Transgender women are forced to use self-harm as a means to avoid detention and sometimes agree to cooperate with police by providing phone numbers and personal data of their clients. Police uses this information to blackmail the clients and clients beat the sex workers angry that their ‘secret’ was discovered. NGOs report at least one case of a murder of transgender sex worker in retaliation.

Most lesbian, gay, bisexual and (LGBT) people live with their families because of family pressure and social norm that a child should live with their natal family until they found their own family. Very few LGBT people tell their families about their sexual orientation or gender identity fearing being disowned or forcibly married. Many migrate to the capital city to escape family pressure and control.[2] In case of their sexual orientation or gender identity is revealed by police or by accidental situation, there were cases of violence and kicking out of the house or forced marriage.

Until now there is no place for LGBT people to gather except for the office of an NGO that focuses its work on LGBT issues. Society largely believes that LGBT people are sick and immoral. It would be unsafe to run an LGBT-friendly venue because the general public could use violence against the clients of the venue.

LGBT organizing is very limited. The only LGBT NGO in the country reports that they have to use HIV as a cover-up for their work with LGBT communities and are not able to register officially as an LGBT organization which limits the scope of their work significantly. The staff of the NGO cannot appear in public speaking about LGBT rights due to fear of violence and retaliation. The NGO outreach workers working on HIV prevention who go to parks and clubs where LGBT people gather are constantly harassed by the police. Police also monitors websites which LGBT people use for meeting. There were cases reported of police officers meeting with LGBT people through a personals website and blackmailing them or detaining them.

Some state officials used homophobic attitudes of the society to discredit their political opponents. They use mass media to create more homophobic and transphobic attitudes and associate these attitudes with a particular public person.

Recommendations
- Conduct proper investigations on police blackmailing of the LGBT people, duly punishing those responsible and setting up administrative and legal frameworks to eradicate such practices
- Develop legislation to address family violence and hate crimes against LGBT people
- Develop legal and medical system which would allow transgender people to change their bodies and legal papers in accordance with their gender identity

UPR report on Sexual and Reproductive Rights in Azerbaijan (via GenderStan)

[1] Dennis Van Der Veur ‘Forced Out’, Report on Azerbaijan ILGA-Europe/COC-Netherlands fact-finding mission on LGBT situation in Azerbaijan ILGA-Europe, COC-Netherlands (2007)
[2] ‘Forced Out’ Report and communication with LGBT NGO in Azerbaijan

Azerbaijan: Forced HIV testing

Universal Periodic Review, UN Human Rights

Officially there 1010 registered HIV cases in Azerbaijan but NGOs report that there at least ten times more people living with HIV. In 2006 out of 263443 people tested for HIV at least 33000 have not gone through pre-test counseling.[1] Forced testing enforced by law enforcement bodies is common among the key affected populations such as sex workers, injection drug users and men who have sex with men.

Due to high unemployment a lot of men migrate to Russia and Ukraine to find employment. In 2006 10-15% of people living with HIV were infected in Ukraine or Russia and 89% of new HIV cases were men.[2] NGOs report that HIV testing is not available in the rural areas where most of the migrants come from and they have to travel long distances to be tested.

Organizations working with people living with HIV reported that access to ARV therapy was limited and HIV patients had to pay for receiving treatment. The treatment free of charge is guaranteed by 1996 law on ‘Prevention of spread of the diseases caused by AIDS’.

NGOs working in the area of sexual and reproductive rights and HIV prevention often become subject of attacks from the religious and state authorities through media channels. They are blamed for propaganda of sex and prostitution. Information about sexuality for young people is restricted and many feel uncomfortable discussing sexuality matters which makes them vulnerable to HIV.

Recommendations
- Take measures to stop forced testing of key populations affected by HIV/AIDS
- Conduct public campaigns on raising awareness about HIV prevention and testing targeting groups which are affected by HIV, specifically migrants, young people, sex workers and injecting drug users.
- Ensure free treatment for people living with HIV

UPR report on Sexual and Reproductive Rights in Azerbaijan (via GenderStan)

[1] WHO data on HIV situation in Azerbaijan (2008) http://www.euro.who.int/aids/ctryinfo/overview/20060118_4 (accessed 3 September 2008)
[2] WHO Data on HIV situation in Azerbaijan (2008)

Azerbaijan: Sexual violence

Universal Periodic Review, UN Human Rights

International organizations working in Azerbaijan conducted large-scale surveys on the issue of violence. The surveys found that about 30% of women experienced sexual harassment at work.[1] Another survey revealed that the social belief is that women should to quit their job if they experience sexual harassment from their employer or co-worker.[2] Articles 2 and 3 of the existing law on ‘Ensuring gender equality’ (2006) define sexual harassment in detail, article 4 states that sexual harassment is prohibited. Articles 11 and 12 regulate employment situations when sexual harassment has taken place and ban persecution of the person who reported sexual harassment by the employer. Article 12 states that the ‘labor contract of the victim of sexual harassment is discontinued as of the day when the victim applies for it’.[3] The body responsible for dealing with sexual harassment has monitoring nature and reports to the government annually. The existence of the legislation does not ensure protection from sexual harassment because mechanisms of its implementation and unclear and public is largely unaware of its existence.

Sexual harassment also exists within families with survey results indicating that out of 55% of the interviewed women who experienced sexual harassment, for 15% it came from step-father and 9% from father-in-law. The same survey indicated that 10% of the interviewed women were sexually abused with approximately 85% of abused women reporting marital rape.[4] Reportedly 99% of married women interviewed for another reproductive health survey were virgins at marriage and 98% had only one sexual partner.[5]

In case of rape the family usually tries to cover up that it happened and may offer the woman to marry the perpetrator if she is not married. Reporting a rape is also a long and humiliating endeavor in a society which blames the woman for being sexually abused. High level of corruption among law enforcement agencies makes it very difficult to punish the perpetrators.

Recommendations
- Research the situation in Azeri society in relation to sexual harassment
- Take measures to implement the existing legislation provisions
- Conduct public awareness campaigns to address the issue of sexual harassment and existing legal framework to address it
- Include marital rape in legislation and raise public awareness about the issue of consent in sexual relations

UPR report on Sexual and Reproductive Rights in Azerbaijan (via GenderStan)

[1] Survey of Azerbaijan Sociological Association (2001) quoted in Gender Assessment report p.8
[2] Human Development Report p. 71
[3] Text of the Law in Russian available at http://www.gender-az.org/index.shtml?id_doc=1128 (accessed 3 September 2008)
[4] Survey of Azerbaijan Sociological Association (2001) quoted in Gender Assessment Report p. 8
[5] Gender Assessment Report p. 15

Azerbaijan: Gender inequality, selective abortion, forced marriages

Universal Periodic Review, UN Human Rights

As a country with strong Islamic traditions, Azerbaijan has strict gender norms and social norms focus on heterosexual-centered and extended family. The family decision-making is focused on the elders of the family who make decisions for all other family members and keep the traditions.

Gender-based restrictions represent one of the key issues in the field of sexual and reproductive rights for both women and men. The society values men over women because ethnicity and family name is passed through men. Many families decide to abort female fetuses. The estimates are that there are 110000 fewer girls in 0-19 year old age category than men. In 0-4 age cohort there are 10% more boys than girls.[1] In 2006 newborn boys made 3 to 1 ration to newborn girls. Medical specialists report that 4 out of 10 women request abortion due to female gender of the fetus.[2] Women who give birth to girls lost their social status and some men may choose to divorce their wife if she is not able to produce male offspring. As many as 23% of respondents interviewed for 2005 Azeri shadow report on CEDAW implementation stated that they aborted their pregnancy because the fetus was female. The law on ‘Protecting Health of the Population’ states that abortion is possible until 12 weeks of pregnancy and under special social conditions abortions are allowed up to 22nd week. Most gender-selective abortions are registered as based on fetus’ defects. About 10% of pregnancies are aborted in the third trimester of pregnancy as medical specialists report.[3]

In the area of sexual and reproductive rights related to marriage the two main issues are forced marriages within extended families sometimes at early age and religious marriages. The issue of marriage within the same extended family has been raised by the government since 1995[4] and yet as many as 37% families as of 2006 continue to arrange marriages between cousins[5] (kindred marriages). Official marriage age is 17 for women and 18 for men. Religious marriages which are socially accepted and practiced only recently started to require official registration by the state.[6] Religious marriages performed earlier leave women without any legal claims in case of divorce, death of the spouse or child support. Traditionally there is also a custom of sighe which is a temporary marriage blessed by the religious authorities which can happen parallel to the officially registered marriage with a different woman[7].

Women are expected to function primarily within a family and single women are perceived as failure by the society after they passed the marriage age (21-23 years).

‘Family honor’ concept prevails in Azeri families which limits women’s mobility, puts them in vulnerable situation if they have sex before marriage or decide to live independently. Families limit their daughters’ access to education to protect ‘family honor’ through not allowing them to enter universities in other cities. Women who travel abroad alone or study abroad may lose the opportunity to get married because they are believed to have had sex outside of marriage when they were away from the family control.[8]

Recommendations:
- Investigate the social reasons for gender selective abortion
- Conduct nation-wide educational campaign about gender roles and value of women and girls based
- Work with religious authorities to establish a procedure of registration of religious marriages

UPR report on Sexual and Reproductive Rights in Azerbaijan (via GenderStan)

[1] Azerbaijan National Statistics 2002 LINK quoted in Gender Assessment for USAID/Caucasus/Azerbaijan (2004) p. 14
[2] Human Development Report. Gender Attitudes in Azerbaijan: Trends and Challenges (2007) p. 50
[3] CEDAW Shadow Report (2005) p.17
[4] Gender Assessment Report (2004) p. 7
[5] CEDAW Shadow Report (2005) p.8
[6] Human Development Report 2007 p. 61
[7] Human Development Report 2007 p. 61
[8] Gender Assessment Report p. 7

HIV/AIDS situation in Armenia

Statistics and commentary

Unless otherwise stated (or provided with the specific link), most HIV/AIDS statistics in this post are via National Centre for AIDS Prevention in Armenia 

Incidence and prevalence

From 1988 to 1 December 2007, 528 HIV cases had been registered in the Republic of Armenia among its citizens. 66 new cases of HIV infection were registered in 2006; and 99 - in 2007. Males constitute a majority in the total number of HIV cases - 396 cases (75.0%), females make up 132 cases (25.0%). 528 reported cases include 11 cases of HIV infection among children (2.1%).

AIDS diagnosis was made to 206 patients with HIV, of whom 40 are women and 6 are children. From the beginning of the epidemic, 119 death cases have been registered among HIV/AIDS patients (the cases include 19 women and 3 children).

Age groups

The overwhelming majority of the HIV-positive individuals (72.3%) belong to the age group of 20-39.

Modes of transmission

The main modes of HIV transmission are through injecting drug use (47.9%) and heterosexual practices (45.1%). Besides, there are also registered cases of mother-to-child HIV transmission as well as through blood transfusions and homosexual practices

Transmission through injecting drug usage	47.9 %
Transmission through heterosexual practices	45.1 %
Mother-to-child transmission	1.9 %
Transmission through blood	1.5 %
Transmission through homosexual practices	0.4 %
Unknown	3.2 %

 

All the individuals infected via injecting drug use were men. Some of them temporarily inhabited in Russia (Moscow, St. Petersburg, Irkoutsk, Rostov, Surgut etc.) and Ukraine (Odessa, Kiev, Mareupol etc.) and were most likely infected there, where HIV prevalence is much higher. In addition, the majority of all the HIV-infected males (64.7%) are individuals who practice injecting drug usage, whereas the majority of women were infected through sexual contacts (98.4%).

Geography

The maximum number of HIV cases was reported in Yerevan, the capital: 254 cases, which constitute 48.1% of all the registered cases. Shirak Marz follows next - 52 cases, which constitute 9.8% of all the registered cases.

***

However, while interpreting these statistics, one must bare in mind under-registration of cases. As WHO advises, whereas the above figures represent reported cases, it is estimated that the actual number of people living with HIV/AIDS in Armenia is about 2800-3000.

As to the HIV transmission "via homosexual practices", on one hand, it seems to be not high. On the other hand, under-reporting/under-registration, which is true for both straight and gay people, would be certainly higher for gays -  in case of gay people there is not only stigma associated with HIV/AIDS but also fear of disclosure of their sexual orientation.

High proportion of HIV among straight people is not surprising due to lack of proper sexual education and still prevalent attitude of being engaged in unprotected sex. Also, according to second-generation HIV surveillance data collected in 2002, HIV prevalence among injecting drug users is about 15% and less than 3% among female sex workers. In 2006 there was no registered opioid substitution programme for injecting drug users in Armenia.

That's not to say that the situation in relation to sexual education is rosy among gay Armenians. Sure, they may be more aware of risks as compared to general population. However, one relatively recent survey among MSM (men having sex with men) revealed disturbing lack of knowledge especially among younger groups which constituted 56% of surveyed 70 MSM. Only around half of the youngest group of participants (18-30 yrs old) mentioned "unprotected sexual intercourse" as a mode of HIV transmission, while almost all of the older age groups indicated it. And slightly lower proportion of the youngest age group (51%) still believed that one may get HIV through "shaking hands."

Below are the distribution of answers concerning HIV transmission:

• By unprotected sexual intercourse: I group (18-30 yrs old) – 56%, II group (30-45 yrs old) – 92% and III group (45-62 yrs old) – 100%
• By drug injection: I group – 82%, II group – 83% and III group – 85%
• By blood transfusion - I group – 44%, II group –75% and III group – 100%
• From pregnant mother to a child: I group – 33%, II group –67% and III group – 85%
• By relating with HIV infected people, for example, shaking hands while greeting: I group – 51%, II group –33% and III group – 14%

Another anonymous survey among LGBT Armenians conducted by gay rights group WFCE confirmed lack of proper knowledge on HIV/AIDS. While most of them indicated that HIV can be transmitted through unprotected sex, majority (67%) did not use condom when they last had anal sex. The most frequent reasons cited for not using condoms were "no condom" (31%), "partner was against" (18%), "reduces pleasure" (15%), and "feel embarrassed to buy/purchase" (11%).

On the other hand, back to the previous survey, the prejudice towards HIV-positive people was prevalent in all age groups, being higher (again!) among the youngest:

26% from I group (18-30 yrs old), 33% from II group (30-45 yrs old) and 57% from III group (45-62 yrs old) have mentioned that they would limit their mutual relations with HIV infected person (it is not clear whether the question referred to sexual or general contacts). Respectively, 51%, 29% and 14% have mentioned that they would completely cut their mutual relations with HIV infected person, and 21%, 25% and 0% have mentioned that they would not only completely cut their mutual relations with HIV infected, but also actively prevent their relatives and friends from any relation with HIV infected person. And respectively only 3%, 13% and 29% of the survey participants have mentioned that they would continue their relations with HIV infected people.

I am not aware of the exact methodology of these surveys to judge more properly their reliability, however, my guess is that the convenient sampling  was used which is a  common practice to recruit participants for surveys dealing with sensitive matters. It means that it was not a random and thus more representative sample but possibly conducted by recruiting survey participants, say, through friends, or with the help of a particular social group etc. However, this is the best available evidence we have to get an indication of the state of knowledge and behaviour in this case among MSM or LGBT people in Armenia.

These surveys and HIV/AIDS statistics highlight the urgent need for proper sexual education among our population (younger generation is of particular concern!), which is as relevant for straight majority, as for gays. Relatively low rates of HIV in Armenia doesn't mean anyone could relax. Moreover, it should be a basis for more active actions to prevent its spread.

 

WHO Regional Office for Europe:

HIV testing is free of charge in Armenia and 29 facilities across the country provide testing. Systematic tests are performed in connection with pregnancy, in IDUs, in nationals returning home from long-term residency abroad and in blood donors. Nearly 50 000 people were tested for HIV in Armenia during 2006; 66 were found to be positive.

Armenia has one treatment facility providing medical care to people living with HIV. 170 people received medical care for their condition in 2006. By April 2007, 52 were receiving HAART [Combination of several (typically three or four) antiretroviral drugs is known as Highly Active Anti-Retroviral Therapy (HAART).] of which 61% are current or former injecting drug users. About 2/3 of the people living with HIV and who attended care were tested for coinfections and TB and hepatitis C were diagnosed in half of these cases.

National Centre for AIDS Prevention in Armenia:

1988 - registration of the first HIV case; the transmission mode is heterosexual intercourse;
1988 - registration of the first AIDS case;
1989 - registration of the first death from AIDS;
1990 - registration of the first case of HIV infection through injecting drug use;
1996 - registration of the first HIV case among women;
2000 - registration of the first case of HIV transmission through homosexual practice;
2001 - registration of the first cases of HIV infection and AIDS among children.

UNHCR Review of Gay Rights in Armenia (2003-2005)

Armenia: The situation of homosexuals and lesbians; public perception of gays and lesbians; availability of state protection and whether there exist state programs to promote the respect of their human rights (January 2003 - December 2005)

The United Nations High Commissioner for Refugees (UNHCR) officially published in its website the above review. It was originally conducted by Immigration and Refugee Board of Canada as ‘Responses to Information Requests’ (RIRs) and published in Ottawa on 19 January 2006.

Background info from Agency’s website:
RIRs respond to focused queries or Requests for Information that are submitted to the Research Directorate in the course of the refugee protection determination process.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

Personal Notes:
It should be noted that this review reflects 2003-2005 years. Since then, some positive changes occurred in Armenia. Particularly, gay or gay-friendly venues emerged in Armenian capital, Yerevan, which was unthinkable just a year or two ago. Also, the first LGBT NGO called Menk (“We For Civil Equality”) was founded and registered by Ministry of Justice in July 2006. It was referred in this review as not yet established “Self-Help Group”.

However, main issues raised in this review still exist and need urgent attention. There is still widespread homophobia in Armenian society and lack of legal protection of LGBT people whose human rights are violated. Gay men and lesbians are subjected to both verbal and physical homophobic abuse in everyday life and are ill-treated by law-enforcement agencies. Unfortunately, due to known reasons, these facts generally remain unreported and mainly based on anecdotal evidence. Moreover, as stated in this review, till now “Armenia[n] legislation does not contain a single provision on discrimination based on or due to sexual orientation”.

Today, speaking to RFE/RL (Radio Liberty), Avet Adonts, chairman of parliamentary committee to promote Armenia’s integration into European structures, stressed his group’s intention to “harmonize Armenia’s laws with those adopted by EU countries”. He rightly pointed out that “laws alone will not bring Armenia closer to Europe. “Public opinion in Armenia is not quite prepared for European integration,” he said. “Many think that it is being imposed on us. We have to explain, we have to work actively with non-governmental organizations.”

I hope Adonts, a career diplomat, understands that EU-like laws mean also equality and protection of human rights, including specific anti-discrimination laws to protect rights of minority groups, in this case, LGBT people. We’ve yet to hear from Armenian Ombudsman if/how he intends to incorporate gay rights into the agenda of Human Rights Defender of Republic of Armenia. European institutions, international bodies and local organisations, along with representatives of gay community, should keep these issues high in their agenda while dealing with Armenia’s European aspirations, which are my aspirations too.

Below is a copy of the UNHCR review (the full list of used or consulted references is available in Agency’s official website):

*Many thanks to M. M. for info about this publication!

Homosexual actions were decriminalized in 2003 when the Criminal Code was amended and the provision on homosexuality was repudiated (UN 2005; COE 12 Jan. 2004, 33; AGLA 1 Dec. 2005; ILGA Europe 20 Oct. 2005; ILGA 17 July 2005; Helsinki Committee of Armenia 2004, 26; Internews n.d.; Sodomy Laws 9 Jan. 2003). This was done once the Parliamentary Assembly of the Council of Europe imposed decriminalization of homosexuality as a condition for Armenia to become a member of the Council of Europe (COE 28 June 2000; ILGA Aug. 2000; Sodomy Laws n.d.; Armenian Law Review 26 July 2004; AGLA 3 Oct. 2004). The new Criminal Code was adopted on 18 April 2003 (UN 2005; ILGA n.d.; Internews n.d.) and came into force on 1 August 2003 (ibid.; ILGA n.d.; ibid. 17 July 2005).

However, gays and lesbians still face problems in Armenia (AGLA 22 Apr. 2005; ibid. 3 Oct. 2004; ibid. 5 Oct. 2004; Helsinki Committee of Armenia 2004; UN 2005; Country Reports 2004 28 Feb. 2005, Secs. 1.c, 5; Armenian Law Review 26 July 2004; COE 12 Jan. 2004; IWPR 21 Apr. 2004; ArmeniaNow 10 Jan. 2003). The United Nations Educational, Scientific and Cultural Organization (UNESCO) reports that "[i]t is noteworthy that public opinions on homosexuality are rather tough: traditional Armenian society rejects displays of non-heterosexual relations" and

... according to data provided by the Ministry of Internal Affairs (also referred to as 'the Police of the RA'), there were 21 'registered' male homosexuals. It is thus not surprising that information related to MSM [Men who have Sex with Men] is rather limited, reflecting the traditionally negative attitude of society towards homosexuality (2005).

Country Reports 2004 reported that "[h]omosexuals ... also reported that they were singled out for hazing by officers and other conscripts" (28 Feb. 2005, Sec. 1.c) and "[m]ilitary officers targeted homosexuals for hazing. The Helsinki Association reported cases of police harassment of homosexuals through blackmail, extortion, and, on occasion, violence" (Country Reports 2004 28 Feb. 2005, Sec. 5).

According to an article in the Armenian Law Review, "[e]ven though the law on homosexuals has been abolished, homosexuals did not receive the 'legal' recognition by society and the church; they still remain 'criminals' (not by law) or immoral, sick people" (26 July 2004). The Armenian Law Review also indicates that the fact that homosexuality has been decriminalized does not change the public perception nor does it put an end to violation of human rights based on sexual orientation (Armenian Law Review 26 July 2004).

In its annual report on human rights for 2004, the Helsinki Committee of Armenia (HCA) states "[T]he Republic of Armenia legislation does not contain a single provision on discrimination based on or due to sexual orientation. However, society refuses to acknowledge such individuals and exerts social pressure on them" (2004, Para. 25). The HCA also reports "the Criminal Code now contains provisions that aggravate crimes perpetrated on the basis of the victim's sexual orientation. However, police officers continue to persecute homosexuals" (HCA 2004, Para. 25). No information corroborating the HCA's statements could be found among the sources consulted by the Research Directorate.

According to an article on the Institute for War & Peace Reporting's (IWPR's) Website, members of the homosexual community in Yerevan were trying to establish Armenia's first homosexual support group (21 Apr. 2004). It was to be called the "Self-Help Group"; however, the article stated that it had not been founded as an official organization (IWPR 21 Apr. 2004). No information could be found as to whether such a group currently exists. The source also reported that homosexuals were threatened because of their sexual orientation and that "[f]ew gays ever report offences against them to the police, fearing their families will be notified" (ibid.).

The following information was provided by the president of the Association of Gay and Lesbian Armenians (AGLA) in France (1 Dec. 2005): Even though homosexuality has been decriminalized in Armenia, the situation of gays and lesbians has not improved. Law enforcement agencies continue to extort money and blackmail homosexuals, all of which is known by the authorities. Gays and lesbians do not report any of the problems they face as public perception is negative towards homosexuals. Homophobia and violence are "omnipresent" in the Armenian society.

The Council of Europe (COE) indicates that homosexuals are still subject to blackmail from law enforcement officials to extort money from them, that the public still has a homophobic perception of homosexuals and that "homosexuals are still a long way from being able to organise community activities in freedom" (12 Jan. 2004, Paras. 221 and 222). The COE also reports that some parliamentarians demonstrate homophobic attitudes and would like to reinstate homosexuality as an offence (COE 12 Jan. 2004, Para. 222).

AGLA stated that there is no state protection for homosexuals whose human rights are violated and, according to their contacts in Armenia, homosexuals who are victims of criminal acts often face inactivity on the part of law enforcement and authorities. Homosexuals fear violence and homophobia in their workplace or by their family, and therefore, do not file complaints of human rights violations or of criminal offences. When asked whether any state program exists to promote respect of homosexuals' human rights, AGLA responded in the negative. AGLA indicated that they wrote two letters to the Armenian authorities in October 2004, following an incident of homophobia that occurred in parliament, to request that measures be taken to prevent homophobia and to condemn homophobic remarks made by politicians and by the media. AGLA accused the Armenian authorities of promoting homophobia instead of trying to eliminate it (AGLA 1 Dec. 2005).

The aforementioned incident occurred in September 2004, when the leader of the Armenian Aryan Order, Armen Avetisyan, accused parliamentarians and top officials of being homosexuals (AGLA 22 Apr. 2005; ibid. 3 Oct. 2004; ibid. 5 Oct. 2004; ibid. 3 Nov. 2004; ArmeniaNow 8 Oct. 2004; HCA 2004; ARKA News 19 Jan. 2005). Armen Avetisyan subsequently announced that he had proof and would publish a list of senior officials who were homosexuals with the intention of forcing their resignation (AGLA 3 Oct. 2004; ArmeniaNow 8 Oct. 2004). Following these threats, according to the Helsinki Committee of Armenia, "the National Assembly held a discussion during which they threatened to dismiss the officials who would be proven to be homosexual. To justify their statements, the parliamentarians claimed that it was a threat to national security and that homosexual officials who could be blackmailed by people threatening to publicize their sexual orientation were prone to various deals and compromise" (2004). AGLA corroborated this information by indicating that "the government and opposition leaders, [parliamentary] deputies along with media outlets have organised an ugly campaign of 'witch-hunting' and incitement of hatred toward gays" (5 Oct. 2004).