Короткий огляд за 2014 рік BRIEF OVERVIEW: HUMAN RIGHTS FOR LGBT CITIZENS IN . 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, o[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 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 ’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). November "entertainment" during the war was selective 25, 2014 according to the plainti of AUCO and concerned only the pride-march for FULCRUM (founder of IA National LGBT portal), human rights for LGBT people. the District Administrative Court of Kyiv opened proceedings № 826 / 18 158/14 – In fact, the government refused to protect the FULCRUM against the State Registration LGBT march reasoning by its irrelevance to Service on the basis of discrimination based on the situation in the country, but it held the sexual orientation while registering the infor- other public entertainment. mation agency.

May 31, 2014 the State Registration Service We have signicant diculties with human denied the news agency National LGBT portal rights for LGBT people in the following areas: state registration as the media citing the

Right to fair trial – the Freedom of peaceful Ukrainian legislation does not assembly, the right to still contain articles which peaceful protest – usually provide prosecures to impose a local / state government penalties for hate crimes and refuses to provide protec- directly prohibit discrimina- tion for the events. tion on grounds of sexual orientation and gender identity.

Right to privacy security – Right to self-realization – be typical situations when law openly-gay, lesbian, bisexual enforcement ocers extort or transgender person in bribes from gays for not Ukraine is life-threatening, disclosing their sexual homosexual orientation is orientation while gays are highly stigmatized by the unable to complain because Ukrainian society and subject- the same law enforcement ed to ridicule. Politicians and agencies, by law, would community leaders often call for physical violence or consider their plaintis. moral harassment of LGBT people trying to form an opinion in the civil society that LGBT people are immoral and sick community. Under these conditions, most LGBT people especially in regions can not realize as personali- ties, hate crimes are not punished and impunity leads to new crimes.

6 HATE CRIMES

2014 was a year of rapid number increase of As before, numerous attacks on gay clubs hate crimes to the LGBT community. During were recorded. In particular, in Kiev 5 armed the year in Ukraine the number of neo-Nazi attacks against gay club "Pomada" were online groups that carry out attacks against performed, 2 attacks – against a gay club LGBT (more on gay) and arrange a "safari" for "Andy Bar" which later was closed. homosexual people doubled. If in 2013 the following ocial groups amounted for about In the autumn of 2014 after the annexation of 35, at the end of 2014 we recorded 74 groups. the Crimea in Simferopol the gay «Q-bar» was These groups should be noted to act in a closed due to the requirement of police of the completely open and transparent manner; Russian Federation regarding the impossibility they record their attacks on LGBT on videos, of existence of such institution in the Crimea. spread them through social networks and discussed the details and impressions in comments. Each of these groups has its own separate page in the social networks (Vkon- October 29, 2014 during the show of LGBT lm takte) and some groups have full pages on the "Summer Nights" (Les nuits d'été) the Zhovten cinema Internet. In large cities (Kyiv, Kharkiv, Odesa) was set on re. The show was a part of the LGBT may be several groups that compete with program "Sunny Bunny" that had been held annually in each other by the number of victims. Kiev for 12 years and is a part of the international Film Festival "Youth". Every year during the LGBT program In 2014 the transformation of these move- pickets or other actions of dierent LGBT opponents ments occurred. If movements "Okupi pedol- used to be held, but for the rst time, the protest was iay" which focused on the ght against pedo- held in such a harsh violent form. After having been set philes previously dominated, in 2014 they got up, the re completely burned down the cinema, ‘rebranded’. They changed their name into fortunately, casualties were managed to avoid and all "Modny pryhovor" and began to focus directly the spectators were able to evacuate. As part of the on the "punishment" of LGBT and migrants investigation, two radical activists were found who (representatives of minorities). confessed to the crime and their homophobic motive. At the time of writing the report, the litigation is being Law enforcement agencies having all the continued. After all, police and prosecutors qualied necessary evidence for criminal proceedings this crime as a hooliganism and refused to consider it a don’t investigate these crimes. In 2014 FUL- hate crime against LGBT, although the suspects pointed CRUM addressed the General Directorate of directly at it during the investigation. Internal Aairs of Ukraine in Kiev with the related plaintis on investigating crime of groups "Modny pryhovor" three times. Police The rightwing politicians, such as: a MP, opened and closed after a while proceedings member of the Radical Party Andrew Mosiychuk in connection with the "improbability to and Deputy Head of Kyiv Regional Council, Yuri identify victims of the attacks". Noevy and neo-Nazi group "Revansh" evidently approved of this action as a manifestation of The complexity of the investigation of these the struggle against the "gay propaganda". crimes is that they are related to the need for the victim to open up his homosexual orienta- During 2014, 32 homosexuals appealed to tion. In this case, the victim is not guaranteed FULCRUM who suered hate crimes; they were given professional legal and psychological that it will not be subjected to ridicule or counseling, 8 people turned to law enforcement persecution by law enforcement agencies, agencies with plaintis about the crimes. Most and the Ukrainian legislation does not contain gays seeking the advice of the organization a specic article on hate crimes (this type of refused to contact the police for fear of being crime can be investigated as hooliganism). subjected to ridicule by law enforcement ocials.

7 Right to self-realization – be openly-gay, lesbian, bisexual or transgender person in Ukraine is life-threatening, homosexual orientation is highly stigmatized by the Ukrainian society and subject- ed to ridicule. Politicians and community leaders often call for physical violence or moral harassment of LGBT people trying to form an opinion in the civil society that LGBT people are immoral and sick community. Under these conditions, most LGBT people especially in regions can not realize as personali- ties, hate crimes are not punished and impunity leads to new crimes.

We also recorded 112 hate crimes that were Currently, to be openly LGBT representative in lmed by the activists of "Modny pryhovor" Ukraine is dangerous to life and health. If a and posted on the Internet (on the pages of citizen of Ukraine has opened her/his homo- their social groups). Fulcrum regarding 4 these sexual orientation (including accidently), facts applied the crime to law enforcement he/she jeopardizes his/her life. FULCRUM is authorities; we received a response about one constantly xing appeals from citizens of case. persecution, harassment and threats of physical violence. At least two hate murders were recorded.

DISCRIMINATION IN LABOR AND OTHER SPHERES

We draw attention to the unresolved situation appropriate procedure to restore the rights of with the prohibition of discrimination on this person. grounds of sexual orientation and gender identity. Although the basic law prohibiting List of grounds on which discrimination is discrimination was adopted in 2012, lawmak- prohibited in the basic law "On Prevention and ers didn’t endow it with an eective mecha- Combating Discrimination in Ukraine» № 5207-VI nism of response and anti-discrimination. Most dated September 6, 2012 does not include of the regulations are general and declarative, sexual orientation and gender identity. and in one form or another duplicate the and a number of List of grounds on which discrimination is international laws. prohibited in the basic law "On Prevention and Combating Discrimination in Ukraine» № Discrimination against homosexual people at 5207-VI dated September 6, 2012 does not work remains an acute problem. There are include sexual orientation and gender identity. spheres where being LGBT (or associated with LGBT), one will never get a job: for example, We still have the complicated situation with the public education sector. civil rights of same-sex couples. Because of lack of legislative regulation, homosexual Often the initiative of dismissal on grounds of couples are deprived of a number of rights and sexual orientation may come not from man- freedoms including the right to medical care agement of institutions and other entities but after a partner. In particular, Article 43 of the from students, colleagues, and parents. "Fundamentals of Legislation of In particular, in 2014 a group of students tried Ukraine on Health Care" № 2801-XII of 19.11.1992 to initiate dismissal of a lecturer on Cultural denes the right to consent to medical inter- Studies, Kyiv-Mohylianska Academy, head of vention for only a legal representative of the the Visual Culture Center V. Cherepanin patient. But the status of a legal representative because of his educational lectures about is denied to a partner in accordance with the homosexuality and accused him of promoting current legislation of Ukraine. tolerance. September 24, 2014 near the University the lecturer was attacked and The other urgent matter is connected with the beaten (see "Hate Crimes"). obligatory sterilization procedure required by the Commission on sex changes (corrections) The procedure of protection against discrimi- when a person wants to change / correct nation based on sexual orientation is still not his/her sex. Also, according to the "Procedure regulated by law. In particular, if in case of of examination of persons in need of sex illegal dismissal of employees there is a proce- change (correction)" approved by the Ministry dure to restore their rights through the courts, of Health of Ukraine № 60 of 03.02.2011, the in case a person is discriminated against in person must undergo a psychiatric examina- employment – the law does not specify the tion in closed session in a psychiatric hospital from 30 to 45 days. 8 legal acts to implement the provisions of the LEGISLATION Council’s Directive 2000/78 / EC of 27 Novem- ber 2000 establishing a general system of equal treatment in employment and occupa- May 13, 2014 the Cabinet has submitted to the tion. In particular, Directive 2000/78 / EC of 27 parliament a package of amendments to the November 2000 provides for the introduction law "On Prevention and Combating Discrimi- of instruments prohibiting and combating nation in Ukraine", and despite the fact that a discrimination based on sexual orientation in number of committees of the Parliament the work area. The Cabinet imposed develop- recommended to take into account the need ment of appropriate measures on the Ministry to ban discrimination based on sexual orientation, of Social Aairs. the government refused and led a package of changes to the law without this ban. October 22, 2014 the Cabinet approved Order The government explained the refusal by the № 1118 "Development Strategy of the Bodies reluctance of the Ukrainian society to cope of Internal Aairs of Ukraine" which shall with these legislative innovations. Ukraine provide: and Spain signed the agreement "on settle- ment and regulation of labor migration between the two countries” under which Ukraine already has commitments to ban Requirements for new police discrimination based on sexual orientation for include "expected high level of citizens of Spain operating in Ukraine (the tolerance for vulnerable groups agreement ratied by the Parliament of that require additional attention and protection of their rights. Ukraine on 01.12 .2010). These groups, in particular, include persons with non- Nevertheless, the action plan on visa liberali- 2 traditional sexual orientation ... " zation with the countries of Schengen Agree- ment requires introduction of a comprehen- As part of the close cooperation sive antidiscrimination legislation. Within the between the Ministry of Internal monitoring visits on the visa liberalization plan Aairs and Public, “the personnel of implementation, the experts from the Europe- the Ministry of Internal Aairs must an Commission noted that to appropriately demonstrate a high level of comply with this requirement, it is necessary tolerance for vulnerable groups to clearly consolidate prohibiting discrimina5- who need special attention to the tion based on sexual orientation and gender protection of their rights including persons with non-traditional sexual identity in the existing legislation. orientation ..." 39 Annex of the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy November 12, 2014 the Ministry of Social Community and their Member States, on the Aairs promulgated a draft of the new Labor other hand, consists of 4 Directives of the Code of Ukraine for public feedback in which Council of European Union which suggest Article 6 contains prohibition of discrimina- direct norms of banning discrimination on tion in the workplace based on sexual grounds of sexual orientation. orientation.

September 17, 2014 the Cabinet of Ministers adopted decree № 847 "On the implementa- tion of the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Commu- nity and their Member States, on the other hand," in which paragraph 409 requires devel- opment, adoption and implementation of

2. Approved by the Resolution of the Cabinet of Ministers of Ukraine dated August 20, 2014 р. № 805-p 9 RECOMMENDATIONS

Concerning the current state of the rights and freedoms of LGBT citizens of Ukraine, we consider it neces- sary to take the following measures:

Law enforcement: The Ministry of Health:

to immediately initiate an investigation of to review order № 60 of 03.02.2011 "On criminal gangs’ activities "Modny improvement of medical care to persons pryhovor", "Nazhdak" and others engaged in need of sex change (sex correction) " in the hunt for gay people; to conduct and to adjust the order in line with Euro- independent investigations and ensure pean standards on human rights (includ- punishment of those responsible for their ing abolishing mandatory sterilization of crimes persons in need of change (correction) of sex)

Legislative branch to: Cabinet of Ministers of Ukraine:

initiate prohibition of discrimination on to form and adopt a uniform policy of grounds of sexual orientation and gender state government bodies (at all levels identity in employment (including to and regional structures) toward the LGBT fulll obligations under the Association community, in particular the prohibition Agreement between Ukraine and the EU) of discrimination in public service and taking into account the commitment of Ukraine on the implementation of initiate the provisions that would estab- European norms and human rights lish responsibility for hate crimes includ- standards. ing on the basis of sexual orientation, gender identity and association with these characteristics to be included into the Criminal Code of Ukraine

consider legislative regulation of civil equality for same-sex couples (especially in terms of attendance and making important medical decisions in hospitals, legacy transfer to a partner, etc.)

10 2. Approved by the Resolution of the Cabinet of Ministers of Ukraine dated August 20, 2014 р. № 805-p

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