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Law Enforcement Короткий огляд за 2014 рік BRIEF OVERVIEW: HUMAN RIGHTS FOR LGBT CITIZENS IN UKRAINE. FULCRUM – is the national LGBT organization that cares about the fate of lesbian, gay, bisexual, transgender people (LGBT), so it works to create a comfortable and safe environment in a tolerant society focusing on issues of health and psycho-social support, combating discrimination, creating safe zones in various spheres of LGBT people’s life. In the above-mentioned areas we cooperate with a number of civil servants, politicians, community leaders, government and non-government organizations, enterprises and institutions. BRIEF OVERVIEW: BRIEF OVERVIEW: HUMAN RIGHTS HUMAN RIGHTS FOR LGBT CITIZENS IN UKRAINE. FOR LGBT CITIZENS IN UKRAINE №FULCRUM/21/2015 of 02.03.2015 FULCRUM, www.t-o.org.ua, [email protected] CONTENTS OVERVIEW.............................................................................................................................................4 UNDAMENTAL HUMAN RIGHTS FOR LGBT................................................................................5 HATE CRIMES........................................................................................................................................7 DISCRIMINATION IN LABOR AND OTHER SPHERES................................................................8 LEGISLATION........................................................................................................................................9 RECOMMENDATIONS.....................................................................................................................10 Major EVENTS OF 2014 in Ukraine The fake “Pride March” was 11.01 held on Bessarabska Square FAKE At the oce of Ukrainski vybir the in Kyiv. LGBT activists “thanked” its head 14.01 Viktor Medvedchuk “for stimulat- ing the development of the LGBT-community in Ukraine”. The Verkhovna Rada voted for amendments to legislative acts of Ukraine on the anti-discrimi- 24.05 nation without including prohibition of discrimination based on sexual orientation. The State Registration Service 31.05 denied IA "National LGBT-portal" state registration as media citing the immorality of the agency. The Equality March was cancelled due to the failure 04.07 to ensure the safety of its participants by the Ministry of the Internal Aairs. Decree of the Cabinet of Ministers № 847"On the imple- mentation of the Association Agreement between Ukraine and 17.09 the EU” provides the introduction of instruments of prohibition and The director of the Center of combating discrimination based Visual Culture V. Cherepanin 24.09 on sexual orientation in the work was attacked and beaten area. because of his educational lectures on homosexuality. Order of the Cabinet of Ministers of Ukraine № 1118 provides "a 22.10 high level of tolerance for vulnerable groups including during the LGBT lm "Summer 29.10 people with non-traditional Nights" the Zhovten cinema sexual orientation …». was set on re by homophobic persons. The draft of the new Labor Code 12.11 of Ukraine including discrimination on grounds of sexual orientation in the workplace was promulgat- ed for public discussion. Despite the dynamic setback in the human OVERVIEW rights sphere, the activities and the voice of human rights LGBT organizations have become more prominent. The government still is not ready to fulll EU standards Despite Euromaidan’s victory and revolution regarding the prohibition of discrimination for European Integration of Ukraine, the on grounds of sexual orientation and to work situation with the rights of LGBT people is out eective mechanisms of not only extremely dicult. In fact, more than a year response, but also prevention of such crimes. passed after Euromaidan, the necessary However, the parliament and politicians changes in the respect for fundamental become more open to dialogue with LGBT human rights standards has not started organizations, and the prohibition of implementing in Ukraine. Due to lots of discrimination on grounds of sexual criteria, there was a signicant regression and orientation is widely debated in the several deterioration. parliamentary committees and government agencies. Specically, November 12, 2014, the Ministry of Social Aairs promulgated the draft of the Labour Code (will be submitted as a government bill) for public comments. Article 6 of the bill contains prohibition of Militarization of the society, discrimination in employment including on mobilization and focus on military grounds of sexual orientation. actions led to the cult of mascu- linity in the society and a greater Actually, the authorities of Ukraine (both the disdain for "non-standard" men legislative and executive) have no strategy and / or vision of human rights for LGBT and non-discrimination based on sexual orienta- tion and gender identity. Various government agencies independently of each other deter- Weak law enforcement, sabotage mine their own positions on this issue in view and unwillingness to investigate of the personal position of the head which hate crimes; results in a signicant gap in the positions of the various institutions. Some institutions are actively in contact and cooperation with the LGBT community on LGBT issues, other government agencies show homophobic stance. Increase in number of violent acts through activation of various right-wing groups who feel their impunity in the present inecient judicial system The rising popularity of groups that pursue homosexual men with the purpose of physical violence. 4 FUNDAMENTAL HUMAN RIGHTS FOR LGBT 2014 became a year of disappointment and boulevard named after Shevchenko, and join discouragement for the LGBT community in the columns of Euromaidan. because Euromaidan and Revolution of Dignity were a hope for the European prospect By these theatrical "gay pride", the provoca- of development of democratic rights and teurs attempted to transfer the debate on freedoms. Euromaidan into the mainstream of "LGBT rights" because it was clear that a signicant November 25, 2013 FULCRUM called for number of people who came to Maidan support of peaceful protests demanding to supporting EU integration rather than human sign the Association Agreement and return rights of LGBT people. Ukraine into the European family. January 14, 2014 FULCRUM organized the LGBT actively participated in the events at action near the oce of Ukrainski vybir where Euromaidan and advocated European values. Executive Director Bogdan Globa tried to However, in the early events in Kiev, the LGBT grant the representatives of NGO the Certi- community had decided not to march under cate "For the development of the LGBT com- distinct LGBT slogans and rainbow banners munity of Ukraine" in an attempt to show that and join the general democratic demands the eorts made by the organization to under the banners of Ukraine and Europe to discredit the LGBT community just led to its avoid provocations and prevent the split of strengthening. Thus LGBT activists marked Maidan. At the beginning of the revolution, it the contribution of Ukrainski vybir to draw was clear that Maidan is quite a heterogene- attention to the real problems of LGBT and, in ous environment, and many groups and particular, the campaign "Agreement with movements advocating the European choice the EU = same sex marriages". of Ukraine were very aggressive toward LGBT. It should be noted that the use of LGBT theme The pro-Russian movements, including in the Ukrainian society to discredit certain Ukrainski vybir (its founder is Victor Medvechuk) persons or ideas is organized and systematic. tried to use the LGBT theme with the purpose In our opinion, security forces of Russia delib- of splitting Euromaidan. erately provoke and use these steps to discredit the European vector of Ukraine and January 11, 2014 a fake (theatrical) gay pride certain politicians. Not long ago, we obtained was organized at Euromaidan. About 60-80 the documentary evidence – MP H. Moskal hired actors in bright clothes were dancing on promulgated the plan of the former SSU the Bessarabska square trying to discredit (where Russian instructors worked) to Euromaidan and the LGBT community. Owing discredit Euromaidan where the "gay pride" to the timely reaction and ecient teamwork was also mentioned 1. of FULCRUM and LGBT activists out of initia- tive group "Stop 8711", the likely public Pride March of 2014 was canceled due to consequences could have been prevented, disability of the authorities to secure the and most of the TV channels showed the protection of the event. In particular, Kyiv story as a provocation. major Vitali Klychko refused to support the march and told reporters, "I consider at the It should be noted as the second attempt to moment, when the military actions are carry- discredit the LGBT community at Euromaidan. ing on and a large quantity of people is dying, The rst attempt took place on November 24, conducting entertaining events doesn’t 2013, when about 50 hired homeless people correspond to the current situation." were given with rainbow ags and told to march from the railway station to the 1. http://zn.ua/UKRAINE/deputat-moskal-obnarodoval-plan-provokaciy-agentov-sbu-na-maydane-139798_.html 5 His argument could be considered reasonable immorality of the agency. In June, the State if the next day Kyiv City Council had not Registration Service led documents with the organized the mass entertainment festival of Commission of morality in order to ban the embroidery in the city. In fact, the ban on National LGBT portal (lgbt.org.ua).
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