A/HCR/40/CRP.4
apprehended participants in public assemblies, issued warnings of dispersion, or physically
pushed participants from the venue.
28.
At least in seven cases, the perpetrators of attacks were members of extreme rightwing groups. In some of the cases, police officers failed to apprehend perpetrators either
during or immediately after they had attacked or disrupted peaceful assemblies. Such acts
limit the space for civil society groups to freely express their views, which is important ahead
of the upcoming elections Ensuring the right to peaceful assembly is essential in order to
campaign and participate in public rallies, take part in voter education activities, cast votes,
observe and monitor elections and hold candidates and elected officials accountable in case
of violations.40
While OHCHR welcomes measures taken by the police to ensure public safety during mass
public assemblies41 in several Ukrainian cities in 2018, LGBTQI42 gatherings in smaller
cities, such as Chernivtsi or Mariupol, lacked sufficient protection. Also, OHCHR
documented cases where the Security Service of Ukraine (SBU) prevented organizers from
participating in public assemblies, for example a counter-demonstration to an official
commemorative event, using informal warnings or summoning them for ‘a conversation’ on
the day of the event.43
D.
Freedom of religion or belief
On 29 June 2018, a church in Odesa was robbed and desecrated. The
police launched a criminal investigation into the fact of robbery, while
disregarding a possible additional classification as hate crime.
29.
Although tensions between Orthodox communities in Ukraine existed prior to the
armed conflict in eastern Ukraine, they have been significantly exacerbated by the ongoing
autocephaly process.44 Throughout the reporting period, OHCHR documented 10 incidents
of threats and acts of intimidation against clergy and parishioners mainly affecting the
Ukrainian Orthodox Church (of the Moscow Patriarchate).45 OHCHR is concerned that the
current political environment further contributes to tensions negatively impacting the
freedom of religion or belief, with possible negative consequences for other human rights,
including the right to freedom of opinion and expression, ahead of elections.
30.
In November 2018, following the refusal of the Ukrainian Orthodox Church to join
the newly established Orthodox Church in Ukraine, the Security Service of Ukraine (SBU)
40
41
42
43
44
45
A/68/299, Rights to freedom of peaceful assembly and association, Note by the Secretary-General, 7
August 2013, para 6.
This refers to celebrations of the Day of Defender of Ukraine, the processions of parishioners of the
Ukrainian Orthodox Church (of Moscow Patriarchate) and Ukrainian Orthodox Church of Kyiv
Patriarchates, as well as Equality Marches in Kyiv and Odesa. During mentioned assemblies OHCHR
observed sufficient security and adequate protection of participants by the police.
In this report, the acronym LGBTQI refers to lesbian, gay, bisexual, transgender, queer and intersex
individuals and relevant communities. OHCHR is aware of an incompatibility of views with some of
mentioned groups. This term is used as a broad description to cover as many individuals as possible
who face discrimination based on sex and gender identity.
In particular, this refers to assemblies held on commemorative dates for World War II or gatherings to
commemorate victims of the violence that occurred on 2 May 2014 in Odesa.
While the Ukrainian Orthodox Church of Kyiv Patriarchate (hereinafter UOC KP) and the Ukrainian
Autocephalous Orthodox Church supported and later joined the process of receiving autocephalous
(independent) status from Ecumenical Patriarchate, the Russian Orthodox Church and the Ukrainian
Orthodox Church, repeatedly referred to this as interference in internal canonical matters. On 6
January 2019, a newly established Orthodox Church in Ukraine received autocephaly from the
Ecumenical Patriarchate and was still awaiting registration as an official religious organization in
Ukraine as at February 2019.
Often referred to as the Ukrainian Orthodox Church – Moscow Patriarchate to differentiate it from the
UOC KP, but according to the official registration (data retrieved in January 2019) it is the Ukrainian
Orthodox Church and will be referred to as such.
9
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