The cancer of legislative homophobia has spread across the country The ban on “homosexual propaganda” in Moldva is not a law but a proclamation adopted by local authorities which may be contested as unlawful in a special administrative procedure. Five cities, two districts and a village adopted decision “On proclamation of the city/ district zone of particular support for Moldovan Orthodox Church and inadmissibility of aggressive propaganda of non-traditional sexual orientations”.

Text of the decision The first city adopted this shameful and absurd decision was the city of B ă lți, the second largest city in the Republic of Moldova. Then during the following two months the same proclamations were adopted by other several cities. All adopted resolutions are of the same text. The decision’s preamble says, “considering particular importance and historic role of the Moldovan Orthodox Church as a state-establishing institute of the Republic of Moldova; considering traditional values of Moldovan society; incompatibility with modern democratic standards of aggressive intrusion of sexual behavior forms on the majority, which are characteristic for the most insignificant part of population; bearing responsibility for security (including ethical and moral one) of B ă lți city residents”. In the first paragraph, Bălți is proclaimed zone of “particular support for Moldova Orthodox Church”. In the second pharagraph, a particular importance and paramount role of Moldovan Orthodox Church in the life, history and culture of Balti city residents is recognized. In the third paragraph, it is proposed to “prohibit aggressive propaganda of non-traditional sexual orientation in any of its manifestation, which is imposed by central authorities of the Republic of Moldova, within the city of Bălți".

Union between Communist Party and Orthodox Church Almost immediately after adoption of Balti resolution, Mr Voronin (ex-president of the country, leader of the Communist Party) made a speech calling homosexuality “an abomination” and urging the rest of the country to "rebel" against LGBT people. "Let each locality declare itself free from this nonsense which has been brought to us from Europe". Whereupon other Communist Party controlled towns and districts followed the example of Balti. All city councils adopted these decisions are led by members of the Communist Party. All decisions have been considered and adopted upon suggestion of the Moldovan Orthodox Church. We are deeply concerned by the direct implication of Moldovan Orthodox Church and its affiliated organizations in the process of lobbying these legislative initiatives. We are strongly convinced that LGBT people are being used as a tool in the political war for power due to their marginalized status and high level of societal homo- and transphobia.

Reaction of Moldovan authorities to anti-constitutional resolutions The only official reaction was made by Vladimir Grosu, Deputy Minister of Justice of the Republic of Moldova, at the UN Human Rights Council on March 16th: "In regard to recent decisions of the local public authorities regarding the LGBT issue, we would like to emphasize that the above mentioned decisions are administrative acts. From this perspective, any person who believes this administrative act adopted by local public authority infringes his or her rights can initiate court proceedings. Only courts are entitled to decide over the legality of the local councils' decisions... At the same time the national human rights institution has condemned decisions adopted by the few local councils declaring that they are derogating from the legal framework. In this context, the Moldovan authorities will continue to pay a special attention to that particular issue and to promote democratic dialogue within the society. "

Ombudsman Taking into consideration the discriminatory and unconstitutional nature of this document, and, on the other hand, looking at provisions of Moldova’s Constitution, which expressly state that provisions concerning human rights must be interpreted in accordance with the Universal Declaration of Human Rights and international agreement the country is part of, I strongly condemn this decision. I also urge the relevant authorities to take actions on this case, considering it to be fully eligible for cancellation. EU Delegation to Moldova The EU Delegation is concerned about these manifestations of intolerance and discrimination affecting minorities, and in particular LGBT persons, and more generally with any attempts to restrict the universal rights of human beings on a discriminatory basis. United Nations in Moldova The United Nations Office in the Republic of Moldova calls on the Government to reaffirm its commitment to human rights leadership and to condemn and strike down certain discriminatory acts passed recently by several municipalities in the country. Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) Statements of concern

On 24 April 2012, first court hearing of the case „GENDERDOC-M vs. City Council of B ă lți” took place in the B ă lți Court of Appeal. GENDERDOC-M, the claimant, requested the Court to oblige the City Council of B ă lți to repeal its decision # 02/16 from 23 February 2012 „On proclaiming the city of B ă lți a zone of support for Moldovan Orthodox Church and inadmissibility of aggressive propaganda of non-traditional sexual orientations in the city of B ă lți”. On 25 May 2012, another court hearing took place in B ă lți Court of Appeal. Representatives of the City Council of B ă lți presented a reference to the initial claim where they had requested rejection of claim as groundless. The Centre for Human Rights of Moldova (Ombudsman’s Office) intervened as a public institution supporting GENDERDOC-M. On 15 June 2012, the Bishop of B ă lți and F ă lesti of Moldovan Orthodox Church, Markel, intervened in the case by having submitted a request of becoming an accessory intervener. The court rejected Bishop Markel’s request; however, the trial was suspended until the appeal against this decision took place. On 12 September 2012, the Supreme Court of Justice approved Bishop Makhel’s appeal. We are expecting summon for the next hearing in B ă lți Court of Appeals. Actions undertaken by GENDERDOC-M Information Centre