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.