Being out of the closet isn’t as accepted in Poland as it is in other countries. Picture by: Jasmijn Berkers

“It’s risky to carry a rainbow-colored bag with you. Or even to have bright colored hair”, tells 25 year old Agu Biegun who identifies as non-binary. Though the EU is now threatening to hold back funds from regions in Poland that have so called ‘lgbt-free zones’, Agu is still sceptical anything will change: “It’ll only be about money. The problems are rooted way deeper.”

“I always carry both a taser and pepper spray with me whenever I go out”, says Agu, “And I live in Wrocław, which lies more in the west of Poland. Compared to the east people are rather accepting here.” Their family lives in a small village in the east, where Agu also grew up. “It’s close to the lgbt-free zones, and almost became one too: the votes were very close”, Agu sights, “I’ve been out of the closet for five years in Wrocław, where I live now, but I only came out to my mother a couple of months ago. She thinks that my new friends in Wrocław somehow influenced me with the ‘lgbtq-ideology’ and that I’m ‘just confused’.” According to Agu they get little to no support from their family.
“Luckily I’ve also got my own ‘chosen family’”, Agu tells with a smile. “Those are my friends in Wrocław. It’s super important to have such a chosen family,” Agu explains, “especially in Poland, because in a lot of cases your biological family doesn’t support you.”

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Agu rarely goes back to their home village. “It’s hard for me to go there, because I sort of have to go back into the closet. My family is very homophobic and transphobic, so it’s emotionally exhausting to be there. My friends in Wrocław worry a lot about me whenever I head back there, because it’s horrible for my mental health.”

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Poland is still the least lgbtq-friendly country in the EU, according to the Rainbow Europe Index of 2021, published by ILGA-Europe. This is the second year in a row they got the lowest score in the EU. Out of the 100 points the country could score, Poland only received 13. To name a few things: Poland still doesn’t have gay marriage, lacks basic rights that should protect the lgbtq and has these (previously mentioned) ‘lgbt-free zones’ since June 2020. These zones (covering five Polish provinces, about one-third of the country) are municipalities that have declared themselves ‘free of the lgbtq-ideology’: marches and other lgbtq-events are not allowed. The EU is now holding back funds from these municipalities of about €126.000. On the 22th of October the first province, Swietokrzyskie, has revoked their declaration to being a lgbt-free zone.

“I doubt that’ll do anything though”, says Agu, “There need to be bigger changes in our law, in our politics, in our way of educating.. Not just a name change of these zones so they can get their money.” Agu is trying to make that change happen together with a lot of other lgbtq-activists in Poland (and around the globe). “I’ve thought many times about leaving this country because of all the hate, but now I’m certain on staying. People need me here, because only together we can fight for a lgbtq-friendly Poland.. We’ve still got a long way to go.”

Ákos Volford working at the RainbowHouse-bar in Brussels. Picture by: Jasmijn Berkers

The RainbowHouse-bar in Brussels is known as a safe haven for LGBTI people. It’s easy to strike up a conversation with the bartenders and enjoy a drink. But not every country in the EU is this accepting towards the LGBTI, or has LGBTI-bars. And even in countries like Belgium, there’s still a lot that could improve for the community.

It remains a difficult task to improve the situations of the LGBTI-community in the EU member states according to Maria Walsh, member of the European Parliament and Vice president of the LGBTI intergroup of the EU. “Of course the EU tries its best when it comes to LGBTI rights, but there’s still room for improvement. Policy making is a slow process, and society moves fast. I really wish we could speed up this process sometimes.”

According to Walsh, it’s not just laws that need to be changed. “Of course policy making is important: we need laws to back up the community and give them the same freedom as non LGBTI people. However, the mindset of people is what’s possibly even more important.”

Laws and mindset do not always go hand in hand

According to the ILGA-report of 2021, Belgium comes in second best (right after Malta) of all the EU countries. The ILGA-report mainly focusses on the rights the LGBTI have. Though the community seems to have more laws to protect and acknowledge them than most EU other countries, Belgium is still in the top three regarding experiencing physical or sexual attacks for being LGBTI, according to a survey of the Fundamental Rights Agency (FRA) from the European Union. In the same survey 67 percent of Belgian respondents said they often or always avoid holding hands in public with their same sex partner, in fear of being assaulted, threatened or harassed.

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Problem child(ren) of the EU

Recently mainly Hungary and Poland have been in the spotlight regarding the violation of LGBTI-rights. “However, it’s not just Poland and Hungary that need to improve. Of course we’ve been hearing a lot about them in the media recently, with good reason, but that does not mean that the others are perfect. Not at all”, Walsh adds, “In Ireland for example conversion therapy is still legal and only in 1993 homosexuality was decriminalised.” The EU is now holding back funds from Poland and Hungary in hopes they change their laws. Walsh is uncertain if that’s the best way to do it, “It only hits the people who are already having a hard time.” Maybe just as important, if not more important according to Walsh is to focus on educating people; talking to people. “I’m also hopeful for the opposition in Hungary. Possibly they can make a change”, Walsh adds.

Ákos Volford is bartender at the RainbowHouse bar in Brussels (an LGBTI-bar). He’s originally from Hungary. He shares his experiences as a gay man in Belgium, which are rather different from his home country.

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A coloured future

“Society moves and changes fast”, Walsh says, “Where Hungary and Poland are at right now, countries like Belgium and Ireland were twenty years ago.” Another example Walsh mentions is the anti-discrimination law that should protect people from discrimination on the grounds of age, disability, religion and sexual orientation in all areas of EU competence. “It’s been blocked since 2008”, Walsh says, “It shows that the whole EU still has a lot to work on, but I’m hopeful we can get there.”

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Picture by: Jasmijn Berkers

We’re still struggling to adapt a law that bans conversion practices for lgbtq+ people in the Netherlands. Malta is the only country so far in Europe who’s got a Law against it (since 2016), so why don’t we just copy it?
It seems like there’s still a tiny loophole in Malta’s law: to make sure people are still able to practice their religion, people are still allowed to ‘pray the gay away’, as long as it’s not done by a professional.

According to Christopher Vella from Drachma, an lgbtq+ organisation that focusses on connecting the lgbtq+ community with the Christian community, the law was a step in the right direction. However, there’s still plenty of ways that people suffer from conversion practices, even in Malta. “The law prohibits professionals from carrying out conversion practices. However, if you’re not classified as such, you can still get together and try to get rid of homosexual feelings.”
Vella thinks the Law is more about the message that it puts out there: “It shows that we as a country are not okay with these practices.”

Originally the idea of the Law was that any form of conversion practices would be banned. “Our organisation was against that, because we believe that every individual should have the right to decide for themselves whether or not they want to try to change their sexuality”, Neil Falzon explains, director of the non-profit organization Aditus foundation, that was involved during the development of the Law back in 2016. This resulted in not a total ban, but a ban on professionals carrying out these practices, a ban on advertising for these practices, and a ban on conversion practices for so called ‘vulnerable’ people. “This includes anyone under 16, but also people in a vulnerable state. One could say that anyone who wants to change their sexuality is in a state of vulnerability. Thus, it still protects everyone that’s vulnerable, while still giving other people freedom.”

Instead of focussing on what might have been better regarding the Law, Clayton Mercieca, community manager of Allied Rainbow Communities, an organisation that focusses on awareness for lgbtq+ as well as mental health, thinks it’s more important to focus on educating people and getting more (straight) allies. According to Mercieca, a big reason why people reach out to so called ‘ex-lgbt’-, or ‘former-lgbt’-groups, is because they offer them a warm welcome and community. “They tell them that God loves them, but not their ‘sin’. If we offer the people struggling with their sexuality a community where they feel safe and accepted the way they are, they’re less likely to fall victim to these groups that want to change them.” Allied Rainbow Communities tries to do this through organizing bigger events such as Malta Pride, but also through smaller events, such as social meet-ups. “Often you can meet other lgbtq+ people in bars, but that’s not everyone’s cup of tea. That’s why we need more meetings and safe spaces.”

The Netherlands is not the only country in the process of creating a law. A couple of countries in Europe, like France, England and Ireland are trying to as well. In Germany conversion practices are already illegal for people under eighteen, and in certain parts of Spain the practices are banned too. Outside of Europe there are also a couple of countries that have banned conversion practices, for example Brazil, way back in 1999, and Canada, just at the start of this year. Though slow, more countries seem to want to follow Malta’s example.

Though Malta’s law doesn’t completely erase conversion practices from existence, Vella, Falzon and Mercieca think it’s an important step forward. “This law is way better than no law at all, so I hope other countries will adapt something similar”, Mercieca says, “Education is something that needs to be focussed on. In Malta, but also in other countries in the world. After all it’s the mindset of the people that eventually creates a safe environment.”