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Hungary

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

The law prohibits discrimination based on sexual orientation. In addition the law prohibits certain forms of hate speech and prescribes increased punishment for violence against members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community. Victims of discrimination have a wide choice of remedies, including a procedure by a designated government agency (the Equal Treatment Authority), enforcement of personality rights via civil court procedure, and sectoral remedies in media law. Only the civil procedure allows for the awarding of pecuniary and nonpecuniary damages. The Constitutional Court also offers possibilities to challenge allegedly discriminatory legislation. NGOs reported that the Equal Treatment Authority, ombudsman, and courts enforced these antidiscrimination laws.

In July 2018 authorities suspended the implementation of a law granting transgender persons the right to legal gender recognition; as of August no requests for legal gender recognition had subsequently been processed. The ombudsman criticized the situation. The Constitutional Court’s December 2018 deadline for parliament to adopt legislation allowing transgender persons without Hungarian citizenship legally residing in Hungary to have their legal gender recognized expired without any legislative action.

During the month-long Budapest Pride Festival, protesters disrupted six events, including, in some cases, with acts of physical violence against event organizers. According to LGBTI groups, police failed to act promptly to secure the events. After the Budapest Pride March, protesters harassed, kicked, and spat on a couple who had participated in the event. Police conducted and closed a criminal investigation, and the case was pending with the prosecution at year’s end.

In September far-right activists disrupted an LGBTI event at Aurora NGO center, and in October a neo-Nazi organization burned the rainbow flag flying at Aurora. LGTBI organizations highlighted that neither the relevant government officials nor the public bodies responsible for promoting nondiscrimination and respect for human rights condemned these events at the time. In November, Budapest police announced they had brought in for questioning nine persons in connection with the attack and ordered an investigation to be carried out on suspicion of disorderly conduct.

During the year the Equal Treatment Authority issued several decisions in cases concerning discrimination based on sexual orientation and gender identity. In one case it fined the Budapest Mayor’s Office one million forints ($3,300) for blocking access to all LGBTI-related websites from its local network; the new mayor of Budapest elected in October lifted the ban after assuming office.

In May, National Assembly Speaker Laszlo Kover compared same-sex couples who want to adopt children to pedophiles. In June, Fidesz deputy caucus leader Istvan Boldog called for a ban of the Pride March. In August he called for the boycott of Coca-Cola for its advertising campaign featuring same-sex couples. The local government in Pest later levied a 500,000-forint ($1,670) fine against Coca-Cola for this ad campaign.

Poland

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

While the constitution does not prohibit discrimination on the specific grounds of sexual orientation, it prohibits discrimination “for any reason whatsoever.” The laws on discrimination in employment cover sexual orientation and gender identity but hate crime and incitement laws do not. The government plenipotentiary for civil society and equal treatment is charged with monitoring discrimination against LGBTI individuals and groups. LGBTI advocacy groups, however, criticized the plenipotentiary office for a lack of interest and engagement in LGBTI issues. The ombudsperson also continued to work on LGBTI human rights cases.

On October 8, the ombudsman issued a statement in which he expressed concern regarding growing discrimination, hatred, and verbal and physical aggression against LGBTI persons.

Several pride marches were met with violent protests. On April 13, approximately 400 participants attended the country’s first march of the year in Gniezno, where around 500 counterdemonstrators threw bottles, eggs, and other objects at police and shouted homophobic slogans.

On July 20, there were violent protests against an equality march in the town of Bialystok where participants were attacked by counterdemonstrators who tried to block the march. The counterprotesters verbally abused the participants and threw various objects at them. Minister of Interior and Administration Elzbieta Witek criticized “hooligan behavior that infringes the rights of others” and “hinders the duties of police,” whose job it is to “ensure security regardless of the slogans or beliefs proclaimed by citizens.” On July 23, Prime Minister Morawiecki sharply condemned violence against marchers at the event.

On July 25, Przemyslaw Witkowski, a journalist working for a left-wing periodical, was beaten in Wroclaw after he openly criticized anti-LGBTI graffiti he saw on a wall near one of the city’s bridges. On July 30, police apprehended the perpetrator and charged him with causing damage to health and making threats connected to political affiliation. On November 18, the man was convicted and sentenced to one year in prison and a 5,000 zloty ($1,290) fine. The verdict was subject to appeal.

On September 28, police used water cannons and tear gas to control counterdemonstrations during Lublin’s second annual equality march. Police detained 38 persons who attempted to disrupt the march, including a married couple who brought explosive materials to the march. The man and woman were charged with illegal production and possession of explosive devices and could face up to eight years in prison, if convicted.

Politicians from multiple political parties made statements attacking LGBTI “ideology.” For example, in August PiS party chairman Jaroslaw Kaczynski said the country must defend itself from “the people in our country who want to encroach on our families, our schools, our lives…to take away our culture and freedom…to undermine what is normal.”

During the year more than 30 local governments around the country adopted anti-LGBTI declarations, nonbinding documents that mainly focused on preventing “LGBTI ideology in schools.” LGBTI NGOs pointed out that those resolutions may have a chilling effect on institutions subordinate to local governments and may increase the number of hate crimes. On December 10, the ombudsman filed five suits with provincial administrative courts against some of the local governments that had adopted anti-LGBTI declarations, arguing the declarations discriminated against LGBTI persons and violated their human rights.

Tanzania

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

Consensual same-sex sexual conduct is illegal in the country. The law on both the mainland and Zanzibar punishes “gross indecency” by up to five years in prison or a fine. The law punishes any person convicted of having “carnal knowledge of another against the order of nature or permits a man to have carnal knowledge of him against the order of nature” with a prison sentence of 30 years to life on the mainland and imprisonment up to 14 years in Zanzibar. In Zanzibar the law also provides for imprisonment up to five years or a fine for “acts of lesbianism.” In the past courts charged individuals suspected of same-sex sexual conduct with loitering or prostitution. The law does not prohibit discrimination based on sexual orientation and gender identity. Police often harassed persons believed to be LGBTI based on their dress or manners.

During the year the government opposed improved safeguards for the rights of LGBTI persons, which it characterized as contrary to the law of the land and the cultural norms of society. Senior government officials made several anti-LGBTI statements. On September 20, the deputy minister of home affairs instructed police in Zanzibar to arrest members of the LGBTI communities, accusing them of being unethical, unaccepted, and against the law, and of bringing a bad image to the island and being linked to drug use. During the year there was one report that police arrested two suspects for alleged homosexual activity and subjected them to forced anal examinations. There were also reports of arrests and detentions to harass known LGBTI activists.

LGBTI persons continued to be afraid to report violence and other crimes, including those committed by state agents, due to fear of arrest. LGBTI persons faced societal discrimination that restricted their access to health care, including access to information about HIV, housing, and employment. There were no known government efforts to combat such discrimination.

In January, after being arrested for allegedly engaging in same-sex activity, 17 individuals were reportedly subjected to anal exams in Kigongoni Public Hospital, Arusha, by medical personnel in the presence of armed police. The victims had no lawyer or representative present, and the “results” were never shared.

In 2017 authorities filed a case against two women in Mwanza who were recorded on a video posted on social media exchanging rings in an engagement ceremony. The case was withdrawn without being heard in 2018 and then reopened as a new case in June.

In April a 19-year-old student at Katoro Islamic Seminary died after being beaten by a teacher and fellow students. They reportedly beat him because of his alleged same-sex activity. He was buried without his family being informed; they contacted police when they realized he was missing. Following an investigation, police arrested four teachers and 11 students. Police also obtained a court order to exhume the remains for further investigation.

Uganda

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

Consensual same-sex sexual conduct is illegal according to a colonial-era law that criminalizes “carnal knowledge of any person against the order of nature” and provides for a penalty of up to life imprisonment. Although the law does not restrict freedoms of expression or peaceful assembly for those speaking out about the human rights of LGBTI persons, in practice the government severely restricted such rights. The law does not prohibit discrimination against LGBTI persons in housing, employment, nationality laws, or access to government services.

LGBTI persons faced discrimination, legal restrictions, harassment, violence, and intimidation. Authorities perpetrated violence against LGBTI individuals and blocked some meetings organized by LGBTI persons and activists. Local civil society organizations reported that public and private health-care services turned away LGBTI persons who sought medication and some led community members to beat LGBTI persons who sought health care. Local civil society organizations reported that some LGBTI persons needed to pay bribes to public health-care providers before they received treatment. On October 23, the UPF subjected 16 homosexual and transgender people to forced medical examinations in an effort to “gather evidence” to support criminal charges against them for having participated in activities “against the order of nature.” On May 17, the UPF blocked a public meeting by LGBTI activists and persons to mark the International Day against Homophobia and Transphobia. UPF officers arrived at the designated venue an hour in advance and turned away guests, saying it was “an illegal assembly.” According to local civil society organizations, the UPF on August 20 arrested 33 transgender persons who were attending a training on sustainable development goals. On August 21, the government charged the 33 with holding an illegal assembly but later released them on bail. The case continued at year’s end.

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The Lessons of 1989: Freedom and Our Future