A/HRC/44/53/Add.1
C.
Attacks against public events and assemblies
49.
The Independent Expert notes that, despite the risks, civil society members remained
determined to assemble and express themselves through events in public spaces. Over the
past few years, this has led to attacks by extreme right-wing groups throughout the country
and, initially, to police responses that ranged from inadequate to simply non-existent.
50.
In 2019, KyivPride, KharkivPride and OdesaPride events were celebrated without
major security incidents, with police securing the assemblies and their participants. In
Kharkiv and Kyiv, however, law enforcement failed to provide sufficient security before
and after marches, resulting in several attacks on participants and those perceived as such
by perpetrators. In addition, smaller events organized by the lesbian, gay, bisexual, trans
and gender diverse community have frequently been disrupted by extreme right-wing
groups, which acted with impunity. A smaller march in Kryvyi Rih had to be cancelled
after the police stated that it would not be able to provide security for the participants.
51.
The violence reported during attacks by extreme right-wing groups has included
forceful entry into places of assembly, destruction of property, attacks by smoke grenades
or gas, and beatings. Participants and police officers have suffered significant damage,
including spray burns and other injuries; it is also possible that these groups, communities
and individuals may suffer long-lasting psychological damage and mental health issues.
Most importantly, the violence has caused both a fracture in the trust that the community
has in the State and the police, and a chilling effect in communities and among persons that
wish to exercise their right to freedom of peaceful assembly and expression. The
Independent Expert was indeed informed that some activists decided not to organize all the
festivals of equality foreseen throughout the country, fearing attacks by extreme right-wing
groups.
52.
The Independent Expert is of the opinion that the problem does not lie with the
legislation – the Constitution guarantees the right to peaceful assembly – but rather the
implementation of it. In this regard, he notes a positive trend in the reported response of the
authorities, apparently owing to the unprecedented and effective security measures taken by
the police with the direct involvement of the senior management of the Ministry of Interior.
Among the measures taken, the Independent Expert commends in particular the enhanced
cooperation with civil society organizations prior to events, the identification of tolerance
contact points and the training of police to increase their awareness, sensitivity and
tolerance.
53.
The Independent Expert believes that public statements in support of major lesbian,
gay, bisexual, trans and gender diverse events and the participation of elected and State
officials in pride marches are important, as they send a strong message of support and
inclusion. He welcomes, in this regard, the publication, by the President’s Office of a post
on social media on the eve of the equality march in Kyiv in June 2019, stating that the
President was the guarantor of the rights and freedoms of all Ukrainian citizens, and calling
on the National Police of Ukraine to ensure the safety of all Ukrainians in the days of the
equality march. He also welcomes the call for tolerance issued by the Deputy Mayor of
Kyiv, and the participation and support of representatives of the State Office for Public
Health, the Deputy Minister of Economic Development and military offices at the 2019
KyivPride equality march.
54.
For the first time, in 2019, a group of lesbian, gay, bisexual, trans and gender diverse
veterans and soldiers openly participated in KyivPride with the message that lesbian, gay,
bisexual, trans and gender diverse persons were among those fighting against separatists
and Russian forces in the east of Ukraine. The Independent Expert welcomes such an
initiative, which plays an important role in countering the nefarious rhetoric that try to
portray lesbian, gay, bisexual, trans and gender diverse persons as anti-patriotic. He notes
with concern, however, that two of the military personnel who participated in the KyivPride
events were subsequently attacked on the basis of their sexual orientation, in separate
incidents. He notes that a criminal investigation has been initiated and welcomes the fact
that it takes into account the hate motives of the attack.
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