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Examining responses to hate crime against lesbian, gay, bisexual and transgender individuals in south-eastern Europe

Questions surround the enforcement of hate crime laws in some south-eastern and eastern European countries with poor records in lesbian, gay, bisexual and transgender (LGBT) issues. Understanding how, when and why such countries address anti-LGBT violence will ultimately lead to more effective protection of members of the community.

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Funded by the Marie Skłodowska-Curie Actions programme, the ENTER project is exploring the factors driving changes in the response to anti-LGBT hate crimes in Georgia and North Macedonia – two countries pursuing EU membership. Research domains include legal frameworks, law enforcement, prosecution, sentencing practices and data collection. So far, limited research has been conducted on this topic in both countries. Over 30 interviews with civil society, politicians, and national and international civil servants found that Georgia, which is criticised for allowing hate speech and violence at Pride events, has recently taken steps to address and prosecute anti-LGBT hate crimes in contexts other than Pride. In 2021, Georgia recorded the highest number of anti-LGBT hate crimes (106 incidents) in eastern Europe. Hate crime laws protecting sexual orientation were introduced in 2012 but remained mostly inactive until recently. In contrast, North Macedonia underwent a more extensive process of developing hate crime laws, with multiple reforms since their introduction in 2009. The final reform, in 2018, extended the protection to hate crime victims based on sexual orientation and gender identity. However, these laws await active implementation.

Two steps forward, one step back

“The initial findings highlight that progress, however marginal, is notable in both Georgia and North Macedonia,” comments Piotr Godzisz from Université libre de Bruxelles in Belgium where ENTER is being carried out. “Sometimes, the progress is limited to small pockets of good practice that makes it even more important and interesting. To comprehend the driving forces behind these changes, a fresh perspective is required that considers both public policy and criminological aspects of hate crime governance.” The research suggests that progress in both countries is influenced by a combination of factors. On the one hand, political decision-makers are motivated to improve their international reputation and benefit from EU integration. However, governments in countries where acceptance of LGBT people is low also face the challenge of managing the potential political costs associated with implementing these policies. On the other, the successful implementation of these changes is facilitated by a committed community of experts and advocates, both within and outside the government. They endeavour to bring international standards and effective practices to fruition. Their dedication, supported by ongoing EU pressure, has gone beyond the mere passage of laws and has created avenues for tangible changes. “Nevertheless, it is important to recognise that these advancements remain delicate and are contingent upon the prevailing political circumstances,” explains Godzisz. To understand public empathy towards victims of anti-LGBT violence, a survey was conducted involving over 10 000 people across 10 European countries. It found that victims who are LGBT tend to be viewed less favourably. In addition, the amount of support victims might get can vary even within the LGBT community. Published in the ‘Journal of Interpersonal Violence’, these findings could guide future research and policy decisions. A study in ‘The International Journal of Human Rights’ led by Godzisz looked at why countries create laws against anti-LGBT hate crimes and who helps make these changes happen. With a focus on Poland, results showed that local activists fighting against anti-LGBT violence are making use of international support to push for better laws. They are joining forces with diverse networks to reach United Nations human rights institutions, which then pressure the Polish government to improve hate crime laws. The 2-year ENTER (Diffusion of laws addressing anti-LGBT violence to South-East European countries) project runs to August 2023.

Keywords

ENTER, LGBT, anti-LGBT, lesbian, gay, bisexual, transgender, hate crime, human rights, violence