A/HRC/45/CRP.8A/HRC/45/CRP.8 C. Discrimination, violence and manifestations of intolerance “As long as you are here and you look like this, these type of things will continue happening.” A female medical worker to a transphobic attack survivor while she treated her broken nose. 91. During the reporting period, OHCHR documented five new attacks against LGBTI people and people perceived to be LGBTI, for example on the basis of their clothing and style which do not conform to community-based gender norms, and noted the failure of law enforcement authorities to effectively investigate previous attacks. 92. On 24 April 2020, three attackers broke the nose of a transgender woman in Kharkiv’s city centre, threatening and verbally harassing her with homophobic and transphobic expressions. On 30 April 2020 in Zhytomyr, a transgender person was severely beaten, sexually assaulted and robbed by a group of people who used homophobic slurs. In both cases, the investigations were delayed and the police refused to apply Article 161 of the Criminal Code (hate crimes). In the second case, the charge was added following a decision by an investigative judge. 93. OHCHR is concerned about reports of violence against feminist activists by members of ERWGs.71 For example, on 15 June 2020, members of an ERWG attacked two feminist activists who were removing posters containing homophobic phrases which had been put up by the group.72 A police investigation into the attack was launched, but had made no progress by 31 July. 94. OHCHR is further concerned about hate speech and slurs against members or those perceived to be members of the LGBTI community on social media73 and in the street. In March 2020, the former Head of the Ukrainian Orthodox Church (Kyiv Patriarchate) Patriarch Filaret blamed same-sex marriage and “gender ideology” for the COVID-19 pandemic.74 95. OHCHR noted incidents of discriminatory language and hate speech against Roma by State and local authorities, members of public formations75 and the media. For example, on 8 April 2020, International Roma Day, the head of the Kyiv Municipal Guard published a video on his Facebook account showing him aggressively interrogating and harassing a woman in Kyiv, referring to her supposed Roma identity. On 21 April 2020, the mayor of Ivano-Frankivsk openly called on law enforcement to apprehend and evict a group of Roma who refused to leave voluntarily, using derogatory language, for which he later apologized. D. Language rights 96. OHCHR notes there has been no progress in elaborating a law on the realisation of the rights of indigenous people and national minorities,76 and calls for the Cabinet of 71 72 73 74 75 76 OHCHR interview, 16 June 2020. OHCHR interview, 16 June 2020. For example, editors chose to remove an article about the life of a gay man after multiple homophobic comments were left on a Kramatorsk newspaper’s webpage. Ukrainska Pravda, “Filaret called the cause of the pandemic semi-sex marriages”, 22 March 2020, available at www.pravda.com.ua/news/2020/03/22/7244637. Notably the Kyiv Municipal Guard, a non-governmental entity founded in February 2017 by Kyivbased Anti-Terrorism Operation (ATO) veterans. The leader of the group and a number of other participants are known to be active members of C14, an ERWG. In March, the group was tasked by a commission of the city authorities to assist in enforcing public order in Kyiv during the quarantine. Article 8, paragraph 3 of the final and transitional provisions of the law ‘On ensuring the functioning of Ukrainian as the State language’ instructs the Cabinet of Ministers to submit to the Parliament a draft law on the procedure for the exercise of rights of indigenous peoples and national minorities by 16 January 2020. 23