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FROM DESPAIR to HOPE LGBT Situation in Ukraine in 2014

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FROM DESPAIR to HOPE LGBT Situation in Ukraine in 2014 FROM DESPAIR TO HOPE LGBT situation in Ukraine in 2014 LGBT Human Rights Nash Mir Center Council of LGBT Organizations of Ukraine Kyiv 2015 From Despair to Hope. LGBT situation in Ukraine in 2014 This publication provides information that reflects the social, legal and political situation of the LGBT (lesbian, gay, bisexual and transgender) community in Ukraine in 2014. Here are to be found data and analyses on issues related to the rights and interests of LGBT persons in legislation, public and political life, public opinion, and examples of discrimination on the ground of sexual orientation etc. Authors: Andrii Kravchuk, Oleksandr Zinchenkov Project Manager of Nash Mir Center: Andriy Maymulakhin The authors would like to thank NGOs Association LGBT LIGA, Gay Forum of Ukraine, Lyudy Bukoviny, LGBT Union You Are Not Alone and all active participants in the LGBT Leaders e-mailing list and Facebook groups who collect and exchange relevant information on various aspects of the situation of LGBT people in Ukraine. The report is approved by The Council of LGBT Organizations of Ukraine. The authors would like to thank Stephen Hunt (Chicago, USA) for his proofreading of the English text and long-lasting generous support of Nash Mir Center. The report “From Despair to Hope. LGBT situation in Ukraine in 2014” was prepared by Nash Mir Center as part of the project “Promoting LGBT rights in Ukraine through monitoring, legal protection & raising public awareness”. This project is realised by Nash Mir in cooperation with the Norwegian Helsinki Committee, within the framework of the program "Promotion of human rights and rule of law for lesbian, gay, bisexual and transgender persons in Ukraine" which is funded by the Norwegian Ministry of Foreign Affairs. The views of the authors do not necessarily reflect the official position of the Norwegian Government. LGBT Human Rights Nash Mir Center Postal address: P.O. Box 173, Kyiv, 02100 Office phone / fax in Kyiv: +38 044 2963424 E-mail: [email protected] Website: http://www.gay.org.ua Facebook: https://www.facebook.com/nashmircenter Council of LGBT Organizations of Ukraine Postal address: P.O. Box 173, Kyiv, 02100 Phone (Council Secretary): +38 050 3155457 Phone / Fax: +38 044 2963424 E-mail: [email protected] Website: http://lgbt-rada.org.ua/ © Nash Mir Center, Kyiv, 2015 When using materials please provide a reference to Nash Mir Center as the source. The report (in Ukrainian and in English) is available on the website of Nash Mir Center. 1 Content Summary ...................................................................................................................................................... 2 1. Legislation and Justice .............................................................................................................................. 4 2. State and Local Government .................................................................................................................... 6 3. Politics ...................................................................................................................................................... 7 4. Media and Society .................................................................................................................................. 11 5. Churches and Religious Organizations ................................................................................................... 12 6. LGBT Community .................................................................................................................................... 13 7. Discrimination and Violence against LGBTs ........................................................................................... 17 7.1. Hate Actions against LGBTs ............................................................................................................. 17 7.2. Relations with Law Enforcement Agencies ..................................................................................... 24 7.3. Provision of Services and Goods ..................................................................................................... 25 7.4. Employment .................................................................................................................................... 25 7.5. Education ......................................................................................................................................... 26 8. Situation in the Occupied Territories ..................................................................................................... 27 9. Conclusions and Recommendations ...................................................................................................... 29 10. Methodology and Authors of This Report ............................................................................................ 31 2 SUMMARY In 2014, the law relating to LGBT interests in Ukraine has undergone some changes. Amendments to anti-discrimination legislation theoretically facilitate the possibility of overcoming unequal treatment towards LGBTs, and the Association Agreement between Ukraine and the EU placed on our state a clear commitment to prohibit explicitly discrimination on the ground of sexual orientation in employment. However, these legislative changes only created the opportunity for further reform of Ukrainian legislation and implementation of European standards, but they led to no significant changes in the law’s practical application. We noted both a (hopefully temporary) refusal by the new Ukrainian government to include sexual orientation and gender identity explicitly in the list of grounds protected from discrimination, and a quiet abolition of all homophobic draft laws which were previously introduced before Parliament. During 2014 representatives of Ukrainian state bodies and local governments largely refrained from any statements and actions regarding LGBTs. The political life of Ukraine in 2014 was characterized above all by transition of ideological confrontation between the "Russian World" and modern West in the public consciousness to a real, bloody conflict. This process began in the events of the so-called Euromaidan in late 2013 – early 2014, and continued with the Russian occupation of Crimea and southern Donbas. Issues related to LGBTs faded away against the backdrop of these more encompassing events, becoming only a symbolic marker within the Russia/EU geopolitical choice. In such circumstances, Ukrainian politicians, who support a European future for Ukraine, divided into two groups: conservative, declaring tolerance towards LGBT people but not ready to give them equal rights, and liberal, rejecting any discrimination. Openly homophobic pro- Ukrainian political forces became marginal and lost early parliamentary elections. Pro-Russian politicians, whose essential marker is declarative homophobia, in the circumstances of Russia's war against Ukraine, mostly betrayed openly their homeland and left the Ukrainian political field. The difficult situation in the country in 2014 (political, economic and social crisis; occupation of Crimea; the war in Donbas) generally distracted the attention of the media and Ukrainian society from the rest of the topics, including issues related to LGBT life – all the more so since this situation has led to a noticeable decrease in public activity of the Ukrainian LGBT community. However, both the national media and the general public could not overlook paying some attention to the dramatic changes that took place during 2014 in relation to LGBT people around the world, especially, in the countries of the Western civilization. Leading Ukrainian churches noticeably reduced their homophobic activity back in 2013, and in 2014 this trend remained. Perhaps not wanting to look like defenders of “The Russian World traditional values”, they have moved from outright incitement of general hostility and hatred against LGBT people and calls for their discrimination, to a more moderate condemnation of LGBT organizations' public activism and criticism of the worldwide trend towards recognition of same-sex marriage and adoption of children by same-sex couples. 2014 was a year of dramatic and fateful events in Ukraine. The Ukrainian LGBT community participated in all these events – from Euromaidan to war with terrorists and Russian invaders in Donbas – along with all Ukrainian society as an integral part of it. In view of the difficult situation in the country, most of the Ukrainian LGBT community's activity this year was aimed at overcoming our nationwide crisis and defending the push for a European future for our country. Nash Mir Center has documented 54 cases of rights' violations on grounds of the victims’ sexual orientation or gender identity, covering the period from October 2013 to December 2014. The greatest number of cases occurred in Zhytomyr (14), Chernivtsi (12) and Kyiv (11). In addition, in Ternopil, Ivano- 3 Frankivsk, Kharkiv, Vinnytsia, Odesa were documented 2 incidents in each city, and 1 incident in each of the cities of Cherkasy, Lviv, Dnipropetrovsk, Kryvyi Rih, Luhansk, Donetsk, and in AR Crimea. Zhytomyr and Chernivtsi dominated the number of collected cases among the other locations simply because in 2014 we conducted special projects focused on documenting cases in these target cities. This suggests that the real level of discrimination and violence against LGBT people in many Ukrainian cities would be much higher than shown in this report, if only we
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