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
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