Serbian LGBT Rights in a Pan-European Perspective

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As the EU expands membership in Southeastern Europe, economic stability is not the only barrier to entry. Human rights standards, specifically policies affectingLesbian, Gay, Bisexual, and Transgender Persons (LGBT) rights in the applicant country, are also considered in the membership process. The Intergroup on LGBT rights withinthe EU Parliament that monitors the European LGBT climate recently voiced support for the holding of a Serbian gay pride parade despite threats of violent protest. Before October, 2010, Serbia had not held a gay pride parade since 2001, citing security concerns as grounds for postponing such processions indefinitely. This year’s parade went ahead as planned, yet not without incident—homemade bombs and aggressive signage were among more vocal protesting methods. However, with Europe watching intently, the crucialpoint is that the parade actually occurred.

Serbia first applied for EU membership in December of 2009, making it the fourth former Yugoslav republic to submit an application (Slovenia joined in 2004; Croatia applied in 2003, and Macedonia in 2004). Prominent politicians have echoed support for Serbia’s accession, including EU Justice Commissioner Jaques Barrot. As Barrot argued, “we want Europe to really be Europe, and that will not be possible without Serbia.” Barrot echoes a longstanding sentiment that Serbia belongs to Europe, both geographically and culturally.

Amid such support for accession, Serbia continues to be criticized for its harbo

ring of former war criminals, several of whom remain in hiding years after the most recent Balkan conflicts. Some EU member states have suggested that the Serbian government is not using its full resources to bring the criminals to court; they want to see more progress here before membership deliberations can continue. Kosovo is another contentious topic, as most EU governments recognize Kosovo as an independent state, but Serbia steadfastly refuses to acknowledge its legitimacy. But as each EU member state individually decides on issues of diplomatic recognition, Kosovo is not necessarily a deal breaker for Serbian membership.

The LGBT issue presents a microcosm of the human rights dynamic in contemporary Serbia. Yet Serbia is not the lone conservative voice on gay and lesbian rights in Europe among EU members, Estonia, Italy, Greece, Romania, and Slovakia do not recognize gay marriage or civil partnerships. Bulgaria, Poland, Latvia, and Lithuania, moreover, limit their constitutional definition of marriage as a union between a man and a woman, as does Serbia.

Countries seeking EU membership sometimes push for a more liberal position on the LGBT community. When Croatia applied for membership in 2003, it legalized unregistered homosexual cohabitation, and in 2009, it added new anti-discrimination legislation for gays, lesbians, bisexuals, and transgender persons. Similarly, Serbia bolstered anti-discrimination legislation in 2009, also the year they applied for EU membership. In contrast, Macedonia, which is not actively seeking inclusion in the EU, has done little to improve LGBT rights.

Now that Serbia has successfully allowed a gay pride parade, eyes turn to Bosnia and Herzegovina as it prepares an EU application. Current Bornian legislation does not limit marriage to be between a man and a woman, yet only partial protection exists for the LGBT community. As the former Yugoslav republics renew and strengthen diplomatic relations with the rest of Europe, legislation on LGBT issues might be swift, yet the actual liberalization process could be sluggish. Strong nationalistic environments often further homophobic sentiments; Serbia with its deeply ingrained nationalism will have to work hard to be the exception, not the rule.