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Jurist Kazakhstan approves amendments restricting discussion of LGBTIQ+ issues

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Dadparvar

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Nov 11, 2016
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The Parliament of Kazakhstan on Wednesday approved a proposal to ban propaganda of “non-traditional sexual orientation”, despite serious concerns raised by several human rights organizations over its implications for LGBTIQ+ rights.

The draft law “On Amendments and Supplements to Certain Legislative Acts of the Republic of Kazakhstan on Archival Matters” proposes mandatory labeling of materials containing LGBTIQ+ topics. Propaganda of non-traditional sexual orientation would constitute an administrative offence with sanctions including a fine and even 10 days of administrative arrest for repeated offences. According to a report of Human Rights Watch (HRW), the proposal will enable authorities to suspend access to digital means without a court order. The law has now been forwarded to the Senate and will require the president’s signature to take effect.

Several human rights organizations have voiced their disapproval of the bill. Seven international human rights organizations, including HRW and the Eurasian Coalition on Health, Rights, Gender and Sexual Diversity (ECOM), urged Parliament on Tuesday to reject the bill. According to the organizations, the proposal increases the vulnerability of the LGBTIQ+ community in Kazakhstan and violates its obligations under international law. Article 19 of the International Covenant on Civil and Political Rights (ICCPR) protects the right to freedom of expression and to receive information. Article 26 ICCPR is also at risk, protecting the right to equality before the law and prohibiting discrimination based on sexual orientation and gender identity.

Yelnur Beisenbayev, head of the ruling Amanat Party praised the endorsement of the amendments. Beisenbayev argued that the proposal aims at protecting the safety and mental health of children. Member of Parliament, Nikita Shatalov, said Kazakhstan is adhering to Article 17 of the UN Convention on the Rights of the Child (CRC) as it “obliges states to take measures to protect children from information and materials harmful to their well-being.” Rights organizations oppose this claim. ECOM said, “Restricting access for adolescents and youth to accurate information on sexual orientation and gender identity violates these provisions [Article 17 CRC] and impedes the realization of the right to education and health.”

This year, Kazakhstan was urged to implement the recommendations of the UN Human Rights Council’s Universal Periodic Review, which include abolishing discriminatory provisions based on sexual orientation and gender identity, and protecting the freedom of expression of the LGBTIQ+ community.

The post Kazakhstan approves amendments restricting discussion of LGBTIQ+ issues appeared first on JURIST - News.

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