Moldova’s Gay Rights Stance Undermines Its EU Aspirations

The UN Human Rights Council this month adopted its first-ever resolution on human rights violations based on sexual orientation and gender identity. Twenty-three states, including all of the European Union member states, voted for its adoption. Several EU candidate states—Croatia, Albania and Serbia—joined the “yes-club” as well.

Of the European states, only the Russian Federation and Moldova voted against the resolution. After numerous bans on gay pride events in Moscow, the Russian Federation’s vote is no surprise. However, Moldova’s negative vote should be a concern for Brussels.

Moldova is currently regarded as the most progressive state in the EU Eastern Partnership—which grants special trade and political privileges to a group of the union’s eastern border states. Moldova is promoted by its advocates, including Poland and Polish Minister of Foreign Affairs Radosław Sikorski, as a real demonstration of Eastern Partnership success—that states may begin on a path of democratic reforms which could result in future EU Membership.

However, accession to the EU requires full compliance with Copenhagen criteria—the basic conditions of  democracy, rule of law and market economy that must be met by any prospective EU member. Democracy should be perceived not only in terms of the capacity to organize democratic elections, but also in adherence to the democratic values shared in the EU, including respect for the rights of minorities and vulnerable groups.

The prohibition of discrimination based on sexual orientation and gender identity is one of these EU democratic values, expressed in Article 21 of the EU Charter of Fundamental Rights. The EU also has extensive powers to legislate on the issue of sexual orientation discrimination. More and more states are beginning to recognize the legal status of same-sex couples, though that is their domestic choice and EU law does not require such legislation to be passed.

The recent resolution of the UN Human Rights Council reaffirms very basic values—the universality of human rights and the prohibition of violence and any form of discrimination due to sexual orientation or gender identity. The resolution requests that the UN High Commissioner for Human Rights prepares a study on any forms of discrimination or violence. It may have a significant impact on protecting defenders of human rights and LGBT activists in countries where they risk their lives,  or where homosexuality is criminalized.

Vladimir Filat, Prime Minister of Moldova, was recently granted the “Freedom Award” by the Atlantic Council during the Wrocław Global Forum 2011. It was a nice gesture, indicating support for reforms undertaken in Moldova in recent years. In order to join the EU family of states, however, Moldova should forget about its international policy sympathies with Russia. It also needs to forget its homophobic attitudes.

Being European means a full acceptance of the principle that LGBT persons should not be discriminated against and should not be the subjects of violence. Brussels should not forget to remind Moldova of this at every possible opportunity. Poland, one of Moldova’s advocates, should also remember that its promotion of the country for EU partnership is not unconditional. It requires a strict adherence to the same LGBT antidiscrimination standards as Poland and the EU shares.