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Moldova’s LGBTQ+ people say EU referendum offers ‘hope’

Participants hold flags during a rally and concert celebrating the European Union's decision to open membership talks with Moldova, in Chisinau, Moldova, December 17, 2023. REUTERS/Vladislav Culiomza

Participants hold flags during a rally and concert celebrating the European Union's decision to open membership talks with Moldova, in Chisinau, Moldova, December 17, 2023. REUTERS/Vladislav Culiomza

What’s the context?

Activists are optimistic rights will improve if a vote to enshrine EU membership in the constitution passes

  • Moldova holds referendum on joining the European Union
  • LGBTQ+ people see referendum as chance to secure rights
  • Russia accused of meddling, funding anti-EU sentiment

LONDON - Andrei, a gay 20-year-old law student, hopes this month's referendum to enshrine Moldova's European ambitions in the constitution will enable the ex-Soviet republic to "finally move into the 21st century" when it comes to LGBTQ+ rights.

"Everyone around me talks about the economic benefits of joining (the European Union), but honestly, I'm more excited about what could happen socially to Moldova if the 'yes' vote is successful," said Andrei, who asked that only his first name be used because of the sensitivity of the subject.

The referendum on whether to enshrine EU membership as a strategic goal in the constitution will take place on Oct. 20, alongside a presidential election in which pro-Western President Maia Sandu is seeking a second term.

For members of the LGBTQ+ community, the consequence of a “yes” vote goes far beyond free movement or the ability to work in any of the 27 EU member states without a permit.

"We see how other countries treat their LGBT populations, what rights they have and how they fight on their behalf. We don't all want to leave Moldova to live that reality - we shouldn't have to," Andrei told Context.    

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Located in eastern Europe and bordered by Romania to the west and Ukraine to the east, Moldova ranks poorly amongst other European nations for LGBTQ+ rights.

Whilst same-sex activity between consenting adults has been legal since 1995, same-sex unions are not recognised by the state. Households headed by same-sex couples do not have the same protections and rights as heterosexual couples.

According to a report last year by GenderDoc-M, Moldova's first nongovernmental organisation focused on LGBTQ+ rights, 79% of the population would not accept LGBT+ individuals as neighbours and 60% would not want to work with them.

Andrei, who lives in the capital Chișinău, says that homophobia is "practically everywhere."

"It hurts a lot not being able to be out and proud. I love Moldova, but I cannot continue to sacrifice who I am just to get by."

Although passage of the referendum does not necessarily secure greater rights for LGBTQ+ people, activists hope a commitment to EU membership will eventually lead to greater rights.

"It [the EU] is a powerful promoter of adherence to international commitments on human rights, and there is EU fundamental law that protects LGBTI people from discrimination," said Belinda Dear, a senior advocacy officer at the LGBTQ+ organisation ILGA-Europe.

Law enforcement officers walk ahead of participants during the LGBT Pride march in Chisinau, Moldova June 19, 2022. REUTERS/Vladislav Culiomza

Law enforcement officers walk ahead of participants during the LGBT Pride march in Chisinau, Moldova June 19, 2022. REUTERS/Vladislav Culiomza

Law enforcement officers walk ahead of participants during the LGBT Pride march in Chisinau, Moldova June 19, 2022. REUTERS/Vladislav Culiomza

More needs to be done

Since the breakup of the Soviet Union, Moldova, which has a Romanian-speaking majority and a large Russian-speaking minority, has alternated between pro-Western and pro-Russian courses.

The pro-Western camp has been firmly in charge since Sandu was elected in 2020 and her party won a majority in parliament the following year. Her government supports closer integration with the West including EU membership by 2030.

Moldova, along with Ukraine, applied for membership in the wake of Russia’s invasion of Ukraine in 2022. At the time, a report by the European Commission said that "societal discrimination continues" and that "more needs to be done to protect the rights of LGBTIQ persons".

According to a recent poll, around 63% of Moldova's 2.5 million people support joining the EU.

However, there are concerns Russian interference in both the referendum and the presidential vote could affect the outcome.

On Oct. 9, the European Parliament adopted a resolution condemning Russia's interference, saying Moldovan security services found that Russia had spent approximately 100 million euro ($109 million) to undermine the EU referendum. Moscow has denied any meddling.

"We see a lot of disinformation surrounding this referendum,” said Leo Zbancă, a programme coordinator at GenderDoc-M.

"There are political actors that don't want this to happen."  

People gather to celebrate the European Union's decision to open membership talks with Moldova during a rally and concert in Chisinau, Moldova, December 17, 2023. REUTERS/Vladislav Culiomza

People gather to celebrate the European Union's decision to open membership talks with Moldova during a rally and concert in Chisinau, Moldova, December 17, 2023. REUTERS/Vladislav Culiomza

People gather to celebrate the European Union's decision to open membership talks with Moldova during a rally and concert in Chisinau, Moldova, December 17, 2023. REUTERS/Vladislav Culiomza

Painful choices

The stakes are also high for trans Moldovans.

Moldova is far from implementing progressive self-determination laws like Denmark, Spain or Belgium. People who want to change their gender identity must get an official medical diagnosis of “transsexuality” or “transsexualism” and their request must be recognised by the courts.

In January 2023, the commission responsible for issuing diagnostic certificates was disbanded, leaving trans Moldovans with no legal gender recognition procedure.

"In the last 14 years, we have been able to help 12 individuals change their names on their documents," Zbancă said.

"That number is so small. How many more transgender people are there in Moldova who cannot get their names changed? Imagine what they are going through."

The Moldovan health ministry did not respond to a request for comment on the status of the legal gender recognition procedure.  

Zbancă said trans people often have to leave Moldova to undergo gender reassignment surgery or name changes. They cannot then return as their name would not match their original Moldovan documents.

"These are painful choices that people have to make."

LGBTQ+ Moldovans and activists know that even if the “yes” camp succeeds on Oct. 20 and Moldova subsequently joins the EU, progress on LGBTQ+ rights is not guaranteed.

Europe is becoming increasingly polarised over gay and transgender rights, as reports of hate crimes and harassment reach record levels across the continent, new research showed in May.   

Bulgaria and Hungary have both passed laws to ban so-called LGBTQ+ propaganda, while similar bills have been introduced in Slovakia, Luxembourg and Romania.

"I see that the European Union is not perfect and that there is a lot of backlash from other countries, but at least the EU has a human rights framework in which we can work," Zbancă said.

Andrei described the referendum as a "symbolic vote".

"Joining [the EU] may not automatically guarantee us equal rights, but I do believe it will bring change to Moldova,” he said. “This referendum is my chance to bring change to Moldova – our community urgently needs it. It offers hope."

($1 = 0.9147 euros)  

(Reporting by Noah Anthony Enahoro; Editing by Ayla Jean Yackley.)


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