A/HRC/40/CRP.3
spray. Two participants and one journalist received injuries. Instead of isolating
perpetrators police asked organizers to stop the event and forced the participants into a
nearby subway station. Authorities did not launch an investigation into the disruption of the
peaceful event and attacks against the participants. 105 OHCHR notes that such attacks could
amount to a form of gender-based discrimination against LGBTQI people.
87.
In territory controlled by ‘Donetsk people’s republic’ and ‘Luhansk people’s
republic’, OHCHR did not observe any developments with regard to peaceful assembly. In
territory controlled by ‘Luhansk people’s republic’, a ‘decree’ remains ‘in force’, according
to which organizers of peaceful assemblies are required to seek prior approval of the
‘ministry of state security’ or the ‘ministry of the interior’. 106
C.
Freedom of religion or belief
88.
OHCHR continued to monitor developments related to granting autocephaly to the
newly established church – the Orthodox Church in Ukraine. On 15 December 2018,
members of the Unification Council of the Orthodox Churches of Ukraine formally agreed
to create the new church and chose its leader. OHCHR documented incidents that could be
perceived as acts of intimidation against members of the Ukrainian Orthodox Church of the
Moscow Patriarchate.
89.
During the reporting period, the SBU in several regions of Ukraine initiated four
criminal investigations into incitement to religious enmity and hatred; one of these cases
has an additional charge of high treason, without issuing notices of suspicion. 107 The SBU
conducted searches in the premises of the Ukrainian Orthodox Church of the Moscow
Patriarchate and places of residence of clergymen, questioning some of them. 108
90.
On 20 December 2018, the Parliament of Ukraine launched a process of mandatory
renaming of religious organizations that are affiliated with religious centers in the Russian
Federation. OHCHR is concerned that this process is primarily targeting Ukrainian
Orthodox Church communities and may be discriminatory. 109 OHCHR is also concerned
that the Parliament warranted restrictions on access of the clergymen of such organizations
to the premises of the Ukrainian Armed Forces on the basis of national security
considerations, which contravenes article 18(3) of the ICCPR. 110
91.
Following the establishment of the new church, a number of religious communities
decided to join. OHCHR received reports that in a few cases the transfers were not
voluntary and were initiated by state or local authorities or even representatives of extreme
right-wing groups, who were not members of those religious communities. 111 Furthermore,
105
106
107
108
109
110
111
OHCHR interviews, 15 January 2019.
See OHCHR report on human rights situation in Ukraine, 16 May - 15 August 2018, para. 100.
OHCHR interview, 17 January 2019. The police launched criminal investigations in Zaporizhzhia,
Kyiv, Zhytomyr and Rivne regions.
OHCHR interview, 17 January 2019.
According to law no. 2662-VIII of 20 December 2018, a religious organization that is affiliated with a
foreign religious organization, the governing centre of which is located in a country, recognized as an
“aggressor state”, should include this affiliation in its name, or risk ceasing its operations. On 18
January 2018, the Verkhovna Rada adopted the law “On the peculiarities of the state policy to ensure
the state sovereignty of Ukraine in temporarily occupied territories in Donetsk and Luhansk regions,”
which recognizes the Russian Federation as an aggressor state. President Poroshenko signed the law
on 20 February 2018.
Human Rights Committee in para. 8 of its general comment No. 22 (1993) emphasized that Article
18(3) of the ICCPR permits restrictions on the freedom to manifest religion or belief only if
limitations are prescribed by law and are necessary to protect public safety, order, health or morals, or
the fundamental rights and freedoms of others. This paragraph is to be strictly interpreted: restrictions
are not allowed on grounds not specified there, even if they would be allowed as restrictions to other
rights protected in the ICCPR, such as national security.
OHCHR interview, 25 February 2019.
23
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