Inside Kazakhstan’s Attempt to Ban “LGBT Propaganda”

A parliamentary working group proposed on October 28 imposing a ban on disseminating so-called “LGBT propaganda” in Kazakhstan. The punishment? A fine of 78,640 tenge ($150) for a single offense, doubling with the second offense or else leading to administrative arrest.

The following day, the parliament heard numerous proposals accompanied by speeches from deputies and other members of the working group. The most conservative among them demanded that Kazakhstan follow in Russia’s footsteps by stifling public discussions of topics concerning LGBT+, which they call “propaganda”. In their speeches, they portray a narrative centered on the defense of “traditional values,” imbued with hateful rhetoric.

The amendments oppose “propaganda promoting non-traditional sexual values.”

Yelnur Beisenbayev, the meeting’s moderator and leader of the ruling party Amanat, candidly stated that he expected all proposed amendments to pass, and asked attendees to speak up if they had anything to add. He expressed surprise at the fact that the words “propaganda” were missing from the notes, as they had “planted” them the day before.

After a suggestion from the floor concerning the link between “non-traditional sexual values” and pedophilia, someone added that “it all starts with LGBT,” and continued by saying that similar rules for zoophilia should be introduced. Natalia Dementyeva, who has spoken out numerous times in favor of animal rights, clarified that “zoophilia is something completely different.” Most attendees laughed.

In just one hour and two minutes, they concluded the discussion and voted to pass the proposed amendments.

Usen Suleiman. Former diplomat, head of the National Endowment for Prosperity, and Advisor to the Commissioner for Human Rights.

“It’s encouraging that after such lengthy debate we are now seeing progress on banning the open dissemination of materials discussing pedophilia and non-traditional sexual practices. This ban is a major step towards greater protections for our children. Our foundation published an investigation into this issue back in July. Our main finding was that digital spaces play a significant role in the development of young people’s attitudes, including attitudes towards sexual orientation and gender identity.”

“The symbolic legitimization of non-heterosexual relationships in media designed for children (e.g. cartoons, books, and TV series) can undermine a young person’s sense of stability and clarity in their own identity. Our study revealed a significant amount of social media posts with LGBT themes, with 1,559 posts uploaded last year alone. It is also worth mentioning that there are many popular social media influencers who consistently promote LGBT “propaganda” on their platforms. Kazakh media provides a home for LGBT propaganda."

“The majority (71.8%) of survey participants expressed a negative attitude towards the LGBT community. This ban clearly comes on a wave of broad public support.”

“Kazakhstan is not unique in pursuing this. Many countries have adopted similar bans on propaganda promoting non-traditional sexual practices, prohibiting its publication in the media, online, and in public. It’s a long list, including Lithuania, Georgia, Kyrgyzstan, Hungary, Russia, and other such countries.”

Nabi Yessimov. Deputy director of the Psychiatric Research Center at the Ministry of Health.

“The LGBT community can be divided into two categories of people: those with and those without mental disorders. In particular there are those whose gender identity does not correspond with that assigned at birth. These people are characterized by a desire to live as a member of the opposite sex, often seeking hormonal or surgical intervention to cope with feeling inadequate in their assigned gender.”

“It is important to mention that any propaganda, covert or overt, significantly impacts a child’s psychological development, at a time when critical thinking skills are not yet fully-fledged. Overloading a child’s mind with ideological content about sexuality can lead to heightened anxiety, and depression [and] also foster mental illnesses in the most vulnerable young people.”

Arsen Aubakirov. Director of Human Rights Consulting Group and co-founder of REQUEST, an LGBTQIA+ initiative.

“The fact that these amendments conflate pedophilia and ‘LGBT propaganda’ is already deeply offensive and frankly unacceptable. It stigmatizes an entire group of the population, creating a false connection between sexual identity and sexual violence, without even considering the fact that [this measure] violates international law.”

“The Constitutional Council ruled in 2015 that a bill, which also discussed so-called ‘LGBT propaganda’ was unconstitutional. If the legislation passes this time around, we intend to сhallenge it in the Constitutional Court. Enacting these bans will not protect any children, instead it will encourage violence, fear and self-censorship. Any mention of LGBT could be considered ‘propaganda.’ The topic now sits in a legal grey area, paving the way for arbitrary prosecutions. Young people facing bullying and suffering with depression will lose access to information and support. This legislation will simply push these vulnerable children further into the shadows rather than protect them.”

“Similar laws passed in other countries. In Russia, for example, it has already yielded negative effects. Increases in violence and youth suicide rates, the mass exodus of talented people, and the use of sanctions to isolate the instigators of these laws are all examples of such impacts. Kazakhstan need not go down this path. Trying to present the LGBT community as some kind of threat is not a protection of any ‘tradition,’ rather just a manipulation of fear. No tradition justifies humiliating and shunning somebody from society.”

“The true values of Kazakh society are dignity, mutual respect, and responsibility for the future. We are now faced with a choice: to build a country where the law protects everyone, or a country where the law is used to stoke fear and suppress vulnerable communities.”

Zhanar Sekerbayeva. Co-founder of Feminita, a feminist initiative.

“There are no laws defining or prohibiting ‘LGBT propaganda’ in Kazakhstan, In fact, such a concept is missing entirely from Kazakhstan’s legislation. What is written in the Constitution however, are equal protections for all citizens. Any initiative which seeks to restrict information about people of a certain orientation could therefore be considered to violate the constitutional clause which prohibits discrimination.”

“Any legislative proposal ought to be based on evidence and not on emotions, and there is simply no data to suggest that the visibility of the LGBT community leads to an increase in violence or any kind of social threat.”

Tatiana Chernobyl. Independent human rights expert.

“Everything we are seeing today is not only unscientific but also an attempt to paint innocent people as criminals, essentially accusing them of trying to seduce, corrupt, or otherwise indoctrinate others. This is actually knowingly spreading false information and making false allegations”

“We must not trivialize the notion of ‘propaganda,’ which only exists in two forms according not only to our own Constitution, but also the international definition of human rights. These are war propaganda of war and hate propaganda. What is now being demonstrated can be described as incitement to discrimination, hostility, or violence, as laid out in the International Covenant on Civil and Political Rights.”

“This legislation is propaganda of hatred based on sexual orientation and gender identity. We are currently witnessing the institutionalization of the tyranny of the majority. Let me remind you, that from a human rights perspective, no opinion poll can be used to restrict individual rights. There is no need to ‘protect’ children from so-called ‘LGBT propaganda,’ when the LGBTQ+ community itself isn’t protected by the law.”

“Where will the line be drawn between what counts as free speech for the LGBT community and so-called ‘propaganda?’”

Aziyat Agishev. Activist and human rights defender at the NGO Education Community.

“When we talk about laws claiming to protect children, it is important to remember that these laws should protect all children, including those who are LGBT. LGBT youth are currently in a crisis, facing high levels of violence and discrimination.”

“Our organization conducted a survey on this issue, of over 600 LGBT young people, and the data we gathered was rather disturbing: 52% of LGBT teenagers under 17 have considered suicide, and nearly 40% have already attempted suicide. This is just last year’s data. Trauma and violence caused by peers (and sometimes authority figures) are the main factors driving LGBT kids to take such desperate measures. Around 70% of respondents reported experiencing bullying at school due to their sexual orientation or gender expression, taking the form of hurtful comments, physical harassment, etc.”

“Passing legislation banning so-called ‘propaganda’ will send a signal that members of the LGBT community aren’t accepted, or are otherwise defective and don’t deserve basic rights, in effect making them second-class citizens.”

Yedil Zhanbyrshin. Majilis deputy for the Amanat party.

“I don’t agree with these activists. They are trying to manipulate the conversation; we are talking about the promotion of LGBT. Take this, for example, do you see where they’re coming from? [The deputy shows a video from Feminita, depicting its co-founders emerging from a large vagina-shaped fabric] These are adults, how could they post something so obscene on social media? They openly admit that they are lesbians and depict themselves as such. What need do we have in our society for such propaganda?”

“Nobody is persecuting or otherwise preventing you from being of a different sexual orientation. You can openly go out in public and even democratically participate in sessions of the Majilis. You may adopt a non-traditional lifestyle, but you are still full citizens who freely participate in society. However, we do not permit the promotion of indecency. You can live your life however you wish, but be aware that promoting obscenity is forbidden.”

Rinat Zaitov. Majilis deputy for the Amanat party.

“Just as we restrict children from seeing scenes of animal slaughter, we must also prohibit the promotion of [non-traditional] sexual relations.”

Anas Bakkozhayev. Majilis deputy for the Amanat party.

“There is no need to confuse the members of this meeting. The Constitution is correct as it stands, and I would even go so far as to propose that an amendment is needed to explicitly state that we do not accept LGBT in Kazakhstan, and that we only recognize two genders: male and female.”

***

At the end of the discussion, Boris Kruglov, a legal consultant, added that in his opinion there is an aggressive “LGBT lobby” which should be dealt with in a separate law, to close any potential loopholes.

The meeting continued, marred in confusion, when Chernobyl said she struggled to understand which amendments they were discussing because “there was no text anywhere”.

Beisenbayev, the meeting’s moderator, informed her that because she was not a member of the working group, she was not allowed to view the text they were discussing. In fact, Chernobyl and the other activists were only invited to ensure that there would be no questions about their absence.

Beisenbayev then proceeded to list the new rules being introduced in several clauses in the law on children’s rights.

The amendments stated that the use of mass media, literature, entertainment, and other means to “promote non-traditional sexual orientations and pedophilia,” will be punishable by law. This amendment equates information about the LGBT community with pornography, the cult of cruelty, and violence which offends human dignity.

In addition, the new text would introduce a broad definition of “LGBT propaganda” into Kazakhstan’s legislation for the first time:

“LGBT propaganda is understood to be the dissemination of information about a non-traditional sexual orientation and adherence to it, performed in public or via mass media, telecommunications, or online platforms, including deliberately distorted information intended to convince an unspecified group to form a positive public opinion of said practices.”

Identical standards are set to be implemented through other laws concerning communication, culture, education, the “protection of children,” cinematography, online platforms, and advertising.

The amendments were approved unanimously by the members of the working group. The amended bill is now in the hands of the Majilis plenary session and, if approved, will undergo a reading at the Senate.

An edited version of this article was translated by William Stringer.