On this page, you will find:
Legal Framework
The Constitution of the Republic of Belarus sets forth fundamental principles for the regulation of legal, political, and economic system of the state. While the one of the three main principles includes the guarantee and respect for human and civil rights, it provides no anti-discrimination protections for LBGTQI+ people.
Furthermore, same-sex sexual activity was legalized in Belarus in 1994, however, LGBTQI+ rights remain severely limited and stigmatized in Belarusian society. For instance, Article 32 of the Constitution and Articles 1 and 12 of the Marriage and Family Code both specifically define marriage as a union between a man and a woman. And, due to the fact there are no protections against persecution on the basis of sexual orientation, there is little freedom of expression and association for LGBTQI+ people living in Belarus.
While part of the Soviet Union, Belarus observed the laws common for all Soviet republics, including the illegality of homosexuality. For instance, Article 119-1 of the previous Belarusian Criminal Code criminalized consensual same-sex acts; however, since then, homosexuality has been decriminalised.
More recently, in January 2022, an amendment to the Belarusian Criminal Code re-criminalised individual activities in unregistered NGOs under Article 193-1, leaving not a single operating human rights NGO in the country — including LGBTQI+ organisations.
According to an earlier report published by the United Nations High Commissioner for Refugees (UNHCR), it is easier to “openly live as a homosexual” in Minsk, than in rural areas and small towns where many face discrimination by the local population. There have been a number of reports of cases of discrimination and threats, including threatening phone calls and harassment by authorities and extremist groups. The UN Special Rapporteur on the situation of human rights in Belarus also expressed concerns in 2013 about continuing incidents of hate-motivated violence against LGBTI persons, which is rarely met by law enforcement action.
For more detailed information on the protection of LGBTQI+ rights in Belarus, visit the Belarus ILGA World Database.
Treatment by Authorities
It has continuously been reported that police authorities routinely raid LGBTQI+ clubs throughout the country, interrogated activists and often detained LGBTQI+ persons without charges. The US State Department reports raids in clubs in Minsk and Vitsyebsk on 11 and 12 January 2013. Similarly, a flat rented by several members of the LGBTQI+ community was raided on 7 December 2013. At least 60 people were questioned during 2013, according to Human Rights Watch.
Restrictions on freedom of association are equally concerning. Organisations working with LGBTI populations face particular oppression by Belarusian authorities; the US State Department reports a number of recent restrictions on LGBTI associations. On 18 April 2013, the Supreme Court rejected an appeal against the Justice Ministry’s refusal to officially register Lambda, an LGBTI organisation. In August 2013, authorities forced the closure of the Minsk and regional offices of ‘Vstrecha’, an organisation focusing on HIV/AIDS education and support, and summoned its coordinator, Vadzim Kruk, for interrogation twice during the year. Human Rights Watch and Radio Free Europe also report that Gay Belarus has consistently been refused registration, with its last unsuccessful attempt in February 2013.
Public Opinion
Although same-sex sexual conduct is not illegal, harassment and violations of LGBTI persons’ freedom of assembly is widespread in Belarus. Authorities routinely deny LGBTI groups permission to hold public events such as pride parades. Public demonstrations by LGBTI community members were prohibited by the police in 2012, according to Radio Free Europe. Furthermore, the Minsk Gay Pride 2013 was banned on December 2013, as were public demonstrations in the city on December 11 and 12, according to the US State Department.
Hostility towards LGBTI persons is largely fuelled by anti-gay political discourse. According to the US State Department, Belarusian President Alexander Lukashenka stated in March 2013 that he could not ‘forgive’ homosexuality in men, and he condemned same-sex marriage as a ‘tragic sin of a general spiritual crisis and the Western world’s blindness’ in a statement in July 2013. In March 2012, when confronted for human rights violations, the President stated that it is ‘better to be a dictator than gay’.
LGBTQI+ Refugees
Restrictions on freedom of expression and association make it difficult for organisations working with LGBTQI+ populations, including those providing assistance to asylum seekers to carry out their work adequately.
Although there exist legal aid and humanitarian organisations that assist refugees, including the UNHCR Representation and the International Organization for Migration (IOM) there are very few protections specific to LGBTQI+ individuals.
We have not found any relevant case law at this time but welcome suggestions.
Organisations supporting LGBTQI+ individuals
We are not currently aware of any organisations working with LGBTQI+ persons in Belarus, but welcome suggestions.
Country of Origin experts in LGBTQI+ rights
We do not currently have any specialists on LGBTQI+ issues in Belarus, but we welcome suggestions.
Belarus Legal Assistance
Find organisations providing legal assistance to refugees in Belarus.
Belarus COI
Find Belarus Country of Origin information (COI) experts, reports, commentaries, and relevant documents.
We are always looking to expand the resources on our platform. If you know about relevant resources, or you are aware of organisations and/or individuals to include in our directories, please get in touch.
Last updated May 2023
