A/HRC/44/53/Add.1
55.
Despite these positive developments, the vast array of incidents that have been
described have all one element in common: the total impunity of the perpetrators.
D.
Lesbian, gay, bisexual, trans and gender diverse persons affected by the
conflict30
56.
Conflict and humanitarian disasters affect lesbian, gay, bisexual, trans and gender
diverse persons in highly specific ways. While the Independent Expert did not visit the
Autonomous Republic of Crimea and the city of Sevastopol, Ukraine, temporarily occupied
by the Russian Federation, or territory controlled by the self-proclaimed Donetsk and
Luhansk People’s Republics, he has received reports of increased violence and
discrimination against lesbian, gay, bisexual, trans and gender diverse persons in Crimea
and non-government-controlled areas of Ukraine, and of homophobic propaganda being
spread by the occupying authorities.
57.
Since March 2014, Federal Law No. 135-FZ of 2013 of the Russian Federation, On
the Protection of Children from Information Harmful to their Health and Development, 31
has been in effect in Crimea, and similar legislation has been enacted in non-governmentcontrolled areas of Ukraine: prohibiting the distribution to minors of information “rejecting
family values” and “promoting non-traditional sexual relations” in the self-proclaimed
Donetsk People’s Republic since 2015 32 and in the self-proclaimed Luhansk People’s
Republic starting in 2018.33 The Independent Expert is concerned that such laws may be
used to prohibit and sanction the dissemination of information regarding lesbian, gay,
bisexual, trans and gender diverse persons and their human rights, and restrict the activities
of individuals working to defend them. Such laws also contribute to creating a hostile
environment in which lesbian, gay, bisexual, trans and gender diverse persons and human
rights defenders are prone to be victims of acts of intimidation.34
58.
Hate speech and incitement to hatred that spread in Crimea and non-governmentcontrolled areas of Ukraine have reportedly had a profound impact on societal perception of
lesbian, gay, bisexual, trans and gender diverse persons and the level of stigma associated
with them. Lesbian, gay, bisexual, trans and gender diverse persons reported having
experienced increased acts of hatred, discrimination and violence, including by neighbours,
colleagues and relatives. In Crimea, aggressive groups reportedly moved from threats to
violence, with lesbian, gay, bisexual, trans and gender diverse persons frequently being
subjected to beatings in public spaces and entrapped by organized groups through social
networks. Reports also indicate acts of violence committed by armed fighters in the selfproclaimed Donetsk and Luhansk People’s Republics, especially at the onset of the armed
conflict and the subsequent state of anarchy and lawlessness.
59.
This environment created an atmosphere of fear and terror for members of the
community, with related adverse impacts on their mental health and well-being. Many
decided to flee Crimea and non-government-controlled areas of Ukraine. Those staying
went into hiding, concealing their sexual orientation and gender identity and entering into
heterosexual relationships to avoid suspicion and to conform to societal expectations.
Fearing they would be “outed”, lesbian, gay, bisexual, trans and gender diverse persons
isolated themselves and stopped communicating with each other. In order to avoid
persecution, activists refrained from making public appearances, carrying out advocacy or
30
31
32
33
34
12
Sources for this section include the testimonies collected during the visit and the following reports:
Anti-Discrimination Centre Memorial and the Center for Civil Liberties, “Violation of LGBTI rights
in Crimea and Donbass: the problem of homophobia in territories beyond Ukraine’s Control”, 2016;
Protection Cluster Ukraine, “LGBTI displaced and conflict-affected people in Ukraine”, June 2017;
and OHCHR, “Report on the human rights situation in Ukraine from 16 August to 15 November
2019”.
Russian Federation, Federal Law No. 135-FZ of 2013.
Law No. 79-INS of 2 October 2015.
Law No. 218-II of 14 March 2018.
See, e.g., communications made to special procedures of the Human Rights Council, JAL RUS
8/2012 and UA RUS 7/2017.
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