BackgroundAs you may know, the Mayor of the 3rd District of Budapest, Hungary wanted to prohibit gay and lesbian themed programmes at Pepsi Island an annual youth music event in Hungary with the main sponsor of Pepsi the cola manufacturer. Pepsi Island is an annual youth and music event in Hungary, Europe. It is held this year between August 1 and 8. The event attracts a couple hundred thousand young people and internationally known music artists. It has been well-known for its tolerant climate. The main sponsor of the event is Pepsi, the cola manufacturer, other sponsors can be reached at http://www.pepsi.hu, and clicking "Szponzorok" on the left. The festival is situated on a ctual island of the River Dunabe, which is the territory of District III Budapest. This year the mayor of District III signed a contract with the organizers that would have excluded sexual minorities from participating at the cultural event. A clause of the contract signed states that "no homosexual education programmes under any name, or programmes under any other title shall take place." This clause could have been used to exclude four the GLBT/feminist NGOs that had been granted free entry and some additional in kind support at the Island. These pages contain verbatim translations of original documents in the Pepsi Island vs. sexual minorities debate. Please feel free to quote them. If a source is needed refer to the URL or the Habeas Corpus Working Group. If you would like to refer to a person as a source of these documents, this may be Gábor Kuszing, board member of the Habeas Corpus Working Group. Please feel free to contact him at the addresses and phone numbers under "Media Contact" at the bottom of this page. The mayor's first letterTEXT--------------------------- Óbuda-Békásmegyer Self-Government Mayor 1033 Budapest, Fő tér 3. No. 101/2001.PM Gerendai Károly Manager of Sziget Kft. Fax no. Dear Mr Gerendai It has been communicated to me that someone wishes to build a so-called "rainbow tent" at this year's Student Island event at the Hajógyári Sziget (Hajógyári Island) of Óbuda where among other programmes, so the news say, "homosexual education" programmes would take place. Based on our contract and other powers I am calling your attention to the fact that I do not consent to such a tent. Should the programme be held nevertheless, it would strongly endanger holding this year's event and also next year's contract. My reasons are as follows: Unfortunately I cannot forbid homosexuals to enter the island events, that would really be discirimination. This is different however. Hundreds of thousands of young people, many of them underaged, are visitors to the one-week series of events. They may enter any of the tents here. This fact would obviously mean endangering the youth (especially minors), let alone the multitude of those parents who can be presumed beyond doubt to be letting their children to Pepsi Island not to be "trained" in such manner. Given the circumstances of the event the possibility cannot be precluded that young people of a healthy sexual orientation but violent intent will appear on hearing the news, and in that case the safety of homosexuals would be difficult to ensure. In addition to the fact that I personally find the mere idea of a "rainbow tent" at Pepsi Island shocking, but with special regard to the above reasons, I am kindly requesting your urgent guarantee that "gay programmes" will not take place either in programme leaflets or in relaity at the island. Óbuda-Békásmegyer, 3 July 2001. Sincerely István Tarlós Self-Government of 3rd District Óbuda-Békásmegyer, Budapest Mayor's Office, Mayor Carbon Copy to: Dr tamás Simon Colonel, High-Consellor leader of the Police Department of Budapest's 3rd District END OF TEXT-------------------- The discriminatory agreementTEXT--------------------------- On request of the Mayor of Óbuda the signatories are agreeing on the following: In order to protect minors but also to ensure the safety of those thinking differently at the Pepsi Island which has been succesful for years, no homosexual education programmes under any name, or programmes under any other title shall take place. The name of the programme is not in question here. What is important is that the Student Island remains what it is, a music and cultural festival. The present agreement is an appendix to the contract in effect. Endre Komáromi Colonel Public Safety Manager Chief Police Department of Budapest Dr Tamás Simon Colonel Leader of the Óbuda-Békásmegyer Police Department Károly Gerendai Sziget Kft. Manager Péter Müller (Sziámi) Sziget Kft. István Tarlós Mayor of Óbuda-Békásmegyer END OF TEXT-------------------- Petition of civil organizationsTEXT--------------------------- Statement We have been shocked to learn that István Tarlós mayor of Óbuda-Békásmegyer forced Sziget Kulturális és Szervezőiroda (Island Cultural and Organization Office) to sign an agreement under which no gay and lesbian themed programmes may be held at the Pepsi Island. The agreement is contrary to the Hungarian Constitution, obligations of Hungary under international agreements and general human rights principles. We demand that Sziget Kulturális és Szervezőiroda cancel the agreement and publicly apologize to sexual minorities in Hungary. Beacuse of Tarlós's illegal actions and humiliating statements against sexual minorities we demand that he resign and be called to account. We are requesting the sponsors and artists to revoke their support if the illegal agreemnet remains in effect and Sziget Kulturális és Szervezőiroda does not apologize to the sexual minorities in Hungary before 12 p.m. 22nd July 2001. Thus we are requesting the British Council, the Self-government of Budapest, Dreher, Durex, the French Institute, the Ministry of Sport and Youth, Islander, Magyar Narancs, MCM, the Ministry of National Cultural Heritage, PannonGSM, Pestiest and EstFM, Pöttyös Túrórudi, Red Bull Energy Drink, Roxy Rádió, Siemens, TV2 and a Wanted not to support the discriminatory version of the event, and condemn the discrimination before the deadline expires. We are requesting Pepsi to cancel its financial support of the event and revoke its permission to use the "Pepsi" trade mark if the illegal situation persists beyond 22nd July and no apologies have reached the sexual minorities. We beleive that supporting a discriminatory event destroys the good reputation of a global company otherwise committed to human rights. Further, we are requesting Michael Lake leader of the Budapest Delegation of the European Union to revoke his patronage of any of the programmes at the Island if the illegal situation continues to exist beyond the deadline. We are also requesting the Delegation to condemn this form of exclusion in a statement. Budapest, 13 July 2001. Habeas Corpus Working Group Juhász Géza Háttér Support Society for Gays and Lesbians Mocsonaki László Labrisz Lesbian Association Takács Mária Lambda Budapest Gay Association Rusvai László Editorial Staff of Mások Takács B. Gábor VándorMások, gay tourist gorup Gosztony Zsigmond Öt Kenyér Christian Community for Homosexuals Sándor Bertalan Birtalan Balázs Further signatories: Humanist Movement Szabados Krisztina NANE Women Against Violence Wirth Judit Young Greens Association Ferenczi István END OF TEXT-------------------- E-mail campaignTEXT--------------------------- Dear Friend This is a call for action against homophobic discrimination in Hungary. Background: Pepsi Island is an annual youth and music event in Hungary, Europe. It is held this year between August 1 and 8. The event attracts a couple hundred thousand young people. It has been well-known for its tolerant climate. The main sponsor of the event is Pepsi, the cola manufacturer, other sponsors can be reached at http://www.pepsi.hu, and clicking "Szponzorok" on the left. This year, however the mayor supervising the part of Budapest (Hungary's capital) where the event is to take place, signed a contract with the organizers that excludes sexual minorities. A clause of the contract states that "no homosexual education programmes under any name, or programmes under any other title shall take place." This clause is contrary to the Hungarian Constitution, to Hungary's obligations under various international agreements, to fundamental human rights norms. It can be used to exclude four GLBT/feminist NGOs that have been granted free entry and some additional in kind support at the Island. It deeply hurts the human diginity and pride of the Hungarian gay, lesbian, bisexual and transgender communities. Action: Please send the following protest e-mail to sponsors of the event. Do not forget to send a copy to geza@ireland.com. If you have any more questions concerning the campaign, contact me at: habeas@c3.hu In solidarity Gábor Kuszing Habeas Corpus Working Group A human rights and advocacy organization in Hungary serving sexual minorities and women END OF TEXT-------------------- Press release14 July TEXT--------------------------- Yesterday (13 July) under pressure from eight gay and lesbian organizations and a host of our supporters Sziget Kft. declared its agreeement with István Tarlós, mayor of Óbuda Békásmegyer null. The agreement would have prohibited gay and lesbian themed programmes at the Pepsi Island. We are grateful for the support and effort of four further civil organizations, the sponsors, artists and participants of Sziget Festival, the thousands of protesters that sent their e-mails, and the responsoble minded democrats. We are thanking Józef Szájer's for his clarity of mind and courage because as the only politician of the ruling parties he declared that Fidesz considers it important to ensure civil freedoms without discrimination for every citizen. The fact that Sziget Kft. refrained from the discriminatory agreement is a major victory for the human rights movement of sexual minorities in Hungary. We have convinced a public actor that they may not make statements or sign contracts that violates the human dignity of sexual minorities. By deciding to accept the revoking statement drafted by the civil organizations, they have proved that they belong to the camp of citizens that respect human rights even in the face of threats by the mayor. We find it disgraceful that Pepsi's Hungarian branch, as sponsor of the event published a stamtement saying that they are neutral in the debate. By this, they tacitly supported discrimination and the violation of human rights. We find it strange that there remain sponsors and actors that are still failing to publicly condemn all forms of discrimination against sexual minorities, and to express their joy over the fact that human rights will apply at Pepsi Island, too. Their behaviour should be a warning to all citizens committed to democratic values that we still have much work to do until human dignity and rights are fully recognized. However, our fundamental emotions are happiness and enthusiasm. Our friends have proved that all democratic persons share the moral obligation to stand up for the rights of sexual minorities. It is to them that we would like to communicate that their enthusiastic support is needed at a demonstration outside the Town Hall of Óbuda-Békásmegyer (Budapest III. ker. Fő tér 3.) at 5:30 p.m. 16 July. Here we are going to demand István Tarlós's resignation and court trial for his antidemocratic, discriminatory and illegal behaviour. END OF TEXT-------------------- Preliminary injunction against mayorTEXT--------------------------- Yesterday the District II and III Budapest Court made a historic decision temporarily suspending District III mayor's agreement with Sziget Ltd. orgnaizer of Pepsi Island. As has been published earlier, István Tarlós mayor of District III Budapest signed an agreement on 10 July that would have prohibited gay and lesbian programmes from the Pepsi Island cultural and music event. The Pepsi Island festival is actually situated on an island of the River Danube which is rented from District III of Budapest, and is held this year between 1 and 8 August. The event has been well known for its tolerant climate and gay, lesbian and human rights organizations have been present on the island for years at the area reserved for NGOs. Yesterday (23 July 2001) Judge Dr. Polgáriné Dr. Vida Judit accepted the claim of Háttér Support Society for Gays and Lesbians and issued a preliminary injunction that prohibits carrying out the discriminatory agreement. Háttér, as one of the gay and lesbian organizations wishing to participate at Pepsi Island filed a civil lawsuit last week against District III mayor, Sziget Ltd. organizer of Pepsi Island, and the police departments of District III and Budapest, which are further signatories to the agreement. The agreement would have ensured that "no homosexual education programmes under any name, or programmes under any other title shall take place." Háttér also asked for a preliminary injunction suspending the discriminatory agreement. The aim of a preliminary injunction is to prevent an illegal situation in an urgent case before a final court decision can be taken. Since the Pepsi Island festival starts on 1 August no effective court decision could have been reached before the discriminatory agreement was to take effect. The injunction is historic in two senses. It is celebrated as a major victory of the human rights movement of sexual minorities in Hungary, since this is the first time that the collective rights of sexual minorities have been protected by the state. An earlier decision from 1995 prohibited minors' membership in gay rights organization Szivárvány since children's right to a healthy psychological development needed to be protected. Although the defendants brought up this precedent in the present case, the Judge refused the analogy. The decision says that "the fact that membership in NGOs connected to homosexuality may be limited [to adults] is no sufficient grounds for a discriminatory decision embodying the reasoning of negative social attitudes." The injunction is also unique because for the first time, it directly interprets the Hungarian Constitution as defending the rights of sexual minorities. It is not customary for simple judges to refer to the Constitution; Hungarian jurisdiction normally only refers to laws derived from the Constitution. However, since no anti-discrimination law exists in Hungary, and the derivative law, the Penal Code does not prohibit discrimination based on sexual orientation, Judge Vida could only refer to § 70/A of the Constitution. Indent (1) of the paragraph says that "The Hungarian Republic ensures the human and civil rights of all persons in its territory without regard to any discrimination, namely discrimination based on race, colour, gender, language, religion, political or other opinion, national or social origin, wealth, birth or other status." In the Judge's interpretation of the Constitution "other status" includes sexual orientation, and thus the mayor's agreement with organizers and police is unconstitutional. The decision also concludes that although "undoubtedly law plays a role in ensuring some moral norms," this may not mean "forcing the majority's moral will on a minority, which, as individuals, have the right to 'otherness' as long as they do not violate others' fundamental civil rights." Providing equal opportunities is a goal of the state laid down in the Constitution, therefore the mayor, as a state actor had no right to sign an agreement that "far from reducing inequalities [...] strengthens society's prejudices against sexual minorities." The injunction may be carried out preliminary, and appealed within fifteen days of receipt. No date has been set for the lawsuit. END OF TEXT-------------------- GLBT programmes commence at Pepsi IslandTEXT--------------------------- Today (1 August) the Tent of sexual minorities and women's rights opened its gates to visitors of Pepsi Island. Earlier District III mayor signed an agreement with organizers of the Pepsi Island Festival that would have prohibited any gay or lesbian themed programmes at the Festival. This agreement was suspended in a preliminary injunction giving free way to organizations of sxual minorities to participate at the event. Today four NGOs, Habeas Corpus Working Group, Háttér Support Society for Gays and Lesbians, Labrisz Lesbian Association and NANE Women Against Violence opened the Tent of sexual minorities and women's rights to the public at Pepsi Island. The four NGOs organizing the tent are holding human rights educational workshops on discrimination against sexual minorities and on rape and domestic violence against women and children during the one-week festival. Discussions include homphobia workshops that aim to sensitize participants to the hatred, violence, discrimination, humiliation and other problems faced by sexual minorities in Hungary. Other workshops are on how to recognize and what to do against domestic violence and rape, how trafficking in women can be prevented when a woman is employed abroad. The programmes of the organizations commenced in order, no atrocities or even verbal violence occured. Thus the mayor's worry that sexual minorities' safety at the island could not be ensured proved to be unfounded. The Island police paid a friendly visit to the tent and ensured organizers that they are keeping an eye on troublemakers. Sziget Kft. also said that potential troublemaker groups are being watched all over the Island and in particular in the area where the tent of Sexual minorities and women's rigths is. On the basis of the first day, the NGOs are confident that mainly friendly interest is to be expected from the audience at the musical and cultural event. Distinct from the NGOs tent, the Magic Mirror Tent also opened to the public on 1 August. This tent, which is organized by Sziget Kft. itself, is also a gay and lesbian themed tent. This was the tent that originally drew the mayor's attention, and provoked the discriminatory agreement that also affected the gay, lesbian, feminist and human rights NGOs in the other tent. Michael Lake, leader of the Budapest delegation of the European Union (practically the ambassador of the EU in Budapest) and patron of the Magic Mirror Tent devoted his whole opening speech to expressing his opinion on the debate. He stressed that the European Union is pressuring its member states and candidate countries (including Hungary) to abolish all discriminatory laws and practices directed against sexual minorities. Mr Lake said that the participation of gay and lesbian organizations at a similar cultural festival in the European Union would not have provoked any debate and that in terms of the acceptance of sexual minorities Hungary is lagging behind by twenty years and needs to catch up. The four organizations in the Tent of sexual minorities and women's rights are as follows: The Habeas Corpus Working Group: a human rights and advocacy organization running a legal aid service for sexual minorities and women and children victims of violence and rape. Contact: http://habeascorpus.hu, habeas@c3.hu Háttér Support Society for gays and Lesbians: the largest gay and lesbian organization in Hungary running a counselling hotline for sexual minorities. Contact: http://www.hatter.hu, hatter@hatter.hu Labrisz Lesbian Association: the only lesbian NGO in Hungary, providing women with a safe space to meet, organizing debates on issues concerning lesbians and taking part in such public education programmes as the present one. Contact: labrisz@hotmail.com NANE Women Against Violence: an NGO running a psychological counselling hotline for victims of domestic violence and rape and fighting against violence through education to professionals, young people and other publics. Contact: nane@posta.net END OF TEXT-------------------- Media ContactGábor Kuszing Habeas Corpus Working Group habeas@c3.hu phone: 36-1-200 53 44 cellular: 36-30-27 453 27 The Habeas Corpus Working Group is a human rights and advocacy organization in Hungary. Our main activity is a legal aid service with two principal target groups: sexual minorities and women survivors, victims of domestic violence and rape. We also support the rights of women and sexual minorities in campaigns such as the present one, with organizing public discussions and issuing human rights educational materials. 
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