A/HRC/44/53/Add.1 Annex Report of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity on his visit to Ukraine I. Introduction 1. At the invitation of the Government and pursuant to Human Rights Council resolution 32/2, the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity conducted an official visit to Ukraine from 30 April to 10 May 2019 to assess the situation of lesbian, gay, bisexual, trans and gender diverse persons in the country and to identify good practices and gaps in the implementation of national and international human rights standards to combat violence and discrimination based on sexual orientation and gender identity. 2. The Independent Expert visited Kyiv, Kharkiv and Lviv. He met with representatives of the executive, legislative and judiciary branches of the Government, local authorities and the Office of the Parliamentary Commissioner for Human Rights (Ombudsperson). He also visited two places of deprivation of liberty. While he regrets that he was not able to meet with representatives of the Prosecutor’s Office, the Supreme Court or the State Judicial Administration, he expresses his appreciation to the Government for its invitation and for the cooperation he enjoyed before and during the visit, and thanks all the governmental agencies involved in the organization and execution of the visit for their professionalism and dedication. 3. The Independent Expert also met with a wide variety of civil society organizations, human rights defenders and lesbian, gay, bisexual, trans and gender diverse persons with lived experiences of violence and discrimination. He expresses his deep gratitude to Ukrainian civil society and the lesbian, gay, bisexual, trans and gender diverse community for their generosity in sharing their stories and the information and analysis at their disposal, and for the excellence and principled manner with which they carry out their work, which is a great source of inspiration. 4. The Independent Expert also thanks the human rights monitoring mission in Ukraine for the excellent assistance and collaboration provided in the preparation and execution of the visit. 5. During the visit, the Independent Expert received no indication of gross or massive acts of individual violence against lesbian, gay, bisexual, trans and gender diverse persons. Ukrainian legislation does not prescribe discrimination or violence on the basis of sexual orientation and gender identity: it is free from the scourge of criminalization, contains general anti-discrimination provisions and, in a few instances, explicitly includes protections. Yet, despite these achievements, it cannot be said that lesbian, gay, bisexual, trans and gender diverse persons live free and equal lives in Ukraine: societal views remain highly contaminated by stigma, public officers consider that sexual orientation and gender identity are not to be explored or talked about because “society is not ready”, and lesbian, gay, bisexual, trans and gender diverse persons themselves feel that keeping their identity hidden is key to their survival. II. Context and background 6. Since its separation from the former Soviet Union in 1991, Ukraine has endured two periods of major civil unrest. The second, sparked by what came to be known as the Maidan revolution or the revolution of dignity, led to the establishment of a new Government in May 2014. That same year, pro-Russian and anti-revolution activists protested against the change of Government in the region of Crimea and demonstrations spread to cities across eastern and southern Ukraine, including Donetsk, Luhansk, Kharkiv 2

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