A/HRC/44/53/Add.1
creating a more inclusive environment for sexual and gender diverse persons.
Unfortunately, not all high-ranking officials demonstrate such unequivocal and public
support or unbiased approaches to sexual orientation and gender identity. During the visit,
the Independent Expert received reports of heads of district and state administrations,
mayors, members of parliament and professors from public universities engaging in hate
speech while exercising public functions and utilizing public resources. This is most
noticeable through the campaign calling on Ukrainian authorities to ban “homosexual
propaganda” under the banner of protecting the traditional family and homophobic bills
submitted regularly.
28.
When high-level officials engage in hate speech, they undermine not only the right
to non-discrimination of affected persons, communities and populations, but also trust in
State institutions and, thus, the quality and level of their participation in democracy.
C.
Role of churches
29.
The Independent Expert is concerned by the role played by Orthodox churches and
religious leaders as well as extreme right-wing groups in demonizing and portraying
lesbian, gay, bisexual, trans and gender diverse persons as sinful, immoral and unpatriotic.
To date, these actors remain the main opponents to equality for lesbian, gay, bisexual, trans
and gender diverse persons, and while Orthodox churches and religious leaders now refrain
from inciting violence and discrimination against such persons, extreme right-wing groups
continue to use violent means, putting their safety at risk.
30.
Most recently, leading Ukrainian churches – except for the Moscow Patriarchate –
have shifted their focus from calling openly for discrimination against lesbian, gay,
bisexual, trans and gender diverse persons towards appeals for the “protection of the
traditional family” and the fight against “gender ideology” and the use of concepts of
sexual orientation, gender and their derivatives in the Ukrainian legislation, including
through petitions and appeals, and active lobbying of elected officials, as well as
involvement in marches and festivals throughout the country.
31.
In this context, the Independent Expert notes that the consultative status granted to
the All-Ukrainian Council of Churches in government ministries and in most parliamentary
committees – not enjoyed by any other association or non-governmental entity – offers this
institution an exclusive opportunity to influence law and policymaking that is questionable
in a secular State.
32.
On 5 January 2019, the Orthodox Church of Ukraine was granted autocephaly
(independence), formalizing the formation of a new Church, independent from the Russian
Orthodox Church. According to some analyses, 15 this move will likely reduce the influence
of the Russian Orthodox Church in Ukraine and adds another dimension to the country’s
efforts to build its national identity.
D.
Extreme right-wing groups
33.
In the post Maidan period, there has been an increase of violence against lesbian,
gay, bisexual, trans and gender diverse persons by extreme right-wing groups promoting
hatred, putting these persons and human rights defenders, among others, at risk. The
emergence of the extremist groups coincides with the rising visibility of the lesbian, gay,
bisexual, trans and gender diverse community and the adoption of State measures aimed at
its increased protection.
34.
Reportedly, there are at least 20 far-right informal groups currently active in Ukraine
that commit homophobic and transphobic crimes, and some of them stalk lesbian, gay,
bisexual, trans and gender diverse persons, use social media to lure members of this
community and organize “gay safaris” during which they attack lesbian, gay, bisexual, trans
15
See www.europarl.europa.eu/RegData/etudes/BRIE/2019/635525/EPRS_BRI(2019)635525_EN.pdf.
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