44th session of the Human Rights Council
Item 3
Report on the Visit to Ukraine by the United Nations Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity (SOGI) Mr. Victor Madrigal-Borloz
from 30 April to 10 May 2019
Intervention by Ukraine as country concerned
(Geneva, July 7, 2020)
Madam President,
Let me thank Mr. Victor Madrigal-Borloz for the constructive cooperation and express our gratitude for his words of appreciation of the professionalism and dedication of the governmental agencies involved in the organization and execution of the visit.
Let me specifically refer to the report, which clearly states that “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”.
Ukraine is paying considerable attention to the issue of protection against violence and discrimination based on SOGI. In 2017 the position of the Government Commissioner for Gender Equality was introduced in Ukraine. In 2015 National Strategy for Human Rights was approved. The National Action Plan thereof identifies measures to enhance the protection from violence and discrimination against LGBTI community.
I would like to mention, in particular, the adoption in 2016 of the Rules of Ethical Behaviour of police officers, conducting training on the principles of tolerance and non-discrimination of employees of the Department for Human Rights of the Ministry of Internal Affairs, nomination of contact points on hate crime at national and regional level.
A number of reforms have positively impacted on the access to health care services by trans persons and on access to stigma-free health services to LGBTI people. For instance, the Concept of the Public Health System Development adopted in 2016 stipulates that the right to health and health care is a basic human right regardless of SOGI. The adoption of tailored HIV programmatic planning and other measures also contributed to overcoming stigmatization. The recent health reform has helped to improve the experience of LGBTI persons accessing health care services as persons can choose their doctor and therefore select someone tolerant. As a result, stigma within health professionals and affecting access to health care by LGBTI people has steadily declined.
Ministry of Education has taken measures to counter discrimination and increase tolerance in school, including through revision of textbooks, appointment of advisers on gender equality and non-discrimination in each oblast and introduction of trainings on these issues in schools, taking steps to combat bullying.
As it is pointed out in the report, in recent years there has been a steady improvement in the public perception of LGBTI in Ukrainian society. It is to a great extent facilitated by the public statements in support of major LGBTI events and the participation of MPs and public officials in Pride marches.
National Police is cooperating with the organizers of the LGBTI events to take joint actions aimed at preventing violations of public security and order during their conduct, which, in turn, is positively assessed by the Independent Expert.
As for the information in the report on targeting the equality marches and public gatherings organized by the LGBT community by extreme groups, it should be noted that law enforcement authorities (primarily the National Police) are taking measures to prevent and localize the violence, if it occurs.
To ensure proper oversight of the investigation of the hate crimes, including SOGI-related, the National Police monitors the Unified Register of the pre-trial investigations in criminal proceedings initiated on the facts of racial, national, religious intolerance, as well as analyses and verifies the information of hate crimes covered in the media.
As for the isolated cases of attacks on participants of marchers the perpetrators have been identified and the relevant criminal proceedings have been initiated.
We share the concerns expressed by the Independent Expert as to the reports of increased violence and discrimination against LGBTI people, as well as of the homophobic propaganda being spread in Crimea and Donbas temporally occupied by the Russian Federation.
These facts is yet another evidence of the atmosphere of fear and terror reigning in the occupied territories of Ukraine as a result of the disrespect by Russia of the international humanitarian and human rights law.
Ukraine appreciates the continued conversations and partnership in support of activities aimed at combating violence and discrimination based on SOGI, and reiterates its pledge to continue to work with all national and international partners, as well as civil society to that end.
Visit by the Independent Expert provided an opportunity to highlight Ukraine’s efforts in this sphere, as well as helped to identify gaps and areas for further improvement.
We once again thank the Independent Expert and hope for further close cooperation.
Thank you, Madam President.