Ukraine: The situation of homosexuals; availability of support groups and state protection
The Legal Situation
Homosexuality has been legal in Ukraine since 1991 (ILGA May 2008; Nash Mir 2007, 78). All citizens are guaranteed equal rights and freedoms under Ukraine's Constitution (Ukraine 28 June 1996, Art. 8; UN 3 Apr. 2008, Para. 2), but there is no specific legislation in place to address discrimination based on sexual orientation (COE 26 Sept. 2007, Para. 173; AI July 2006).
The government of Ukraine is considering legislative changes to address discrimination against homosexuals in matters of employment (The Advocate 22 Apr. 2008), and "sexual orientation" has been included in a list of illegal grounds for discrimination in the draft of the new Labour Code of Ukraine (Nash Mir 2007, 78). The Legal Department of the Supreme Court of Ukraine indicated its opposition to this inclusion in a letter dated 11 May 2007 (ibid., 72). In the letter, it cautions that giving "additional privileges to so-called 'sexual minorities'" could cause "injury of moral principles" and impact negatively on labour relations (ibid.).
Opposition to including sexual orientation as grounds for anti-discrimination cases has also been expressed by some Members of Parliament (MPs) representing the Party of Regions and the Block of Yulia Timoshenko (BYT) (Nash Mir n.d.). When asked his opinion on including the clause, a Party of Regions MP replied that "gays and lesbians violate all norms of morality" and stressed that he was personally against adding sexual orientation to the draft, even though he thought it was in keeping with "European norm[s]" (ibid.). In November 2006, a BYT MP introduced an amendment to exclude the words "sexual orientation" (ibid.).
Political Attitudes toward Homosexuality
Anti-homosexual attitudes are reported to persist among religious conservatives who have influence in parliament (The Advocate 22 Apr. 2008). In Country Reports on Human Rights Practices for 2007, the United States (US) Department of State notes that politicians and religious leaders are often indifferent to issues pertaining to gay and lesbian rights, and in some cases, "outright hostile" (US 11 Mar. 2008, Sec. 5).
The head of the parliamentary committee on human rights, Leonid Grach, has been quoted as saying that homosexuality is an "anomaly" (The Advocate 22 Apr. 2008; Pink News 13 Feb. 2007; Nash Mir 2007, 73), "caused by the amorality and the depravity of man" (ibid.; Pink News 13 Feb. 2007). Pink News, a gay news service based in Great Britain (Pink News n.d.), reports that the Committee on the Issues of Freedom of Speech and Information has recommended that "homosexualism, lesbianism, [and] other sexual perversions" be repressed following statements made by MPs about the "threat" posed to the national interest and security of Ukraine by the "'propaganda and expansion of homosexuality'" (Pink News 6 Mar. 2008).
President Viktor Yushchenko is reportedly supportive of homosexual rights but does not consider the issue a "priority" (Pink News 13 Feb. 2007). When asked in December 2006 for his position on the legalization of same-sex marriage, he reportedly stated that it was "complicated" and added that he did not want to differ from the opinion expressed by "society and law" (Nash Mir 2007, 73).
Other politicians have spoken out explicitly against same-sex marriage including a high-ranking member of the BYT who declared that "[w]e are categorically against" it and referred to it as a "big sin" (Nash Mir 2007, 72). Several organizations representing Ukraine's gay and lesbian community sent an open letter to President Yushchenko advocating for legal recognition of same-sex partnerships (Gay Russia 9 July 2006; Nash Mir 2007, 69-71). In November 2006, several churches of different denominations presented an open letter to parliament calling for legislation that would ensure that marriage be restricted to heterosexual couples (The Advocate 22 Apr. 2008; Nash Mir 2007, 66).
Societal Attitudes toward Homosexuality
Polls conducted in March 2002 and March 2007 by Nash Mir (Our World) Gay and Lesbian Centre, an organization that advocates for the rights and freedoms of homosexuals in Ukraine (Nash Mir 2007, 88), show that intolerance toward homosexuals rose in Ukrainian society during the five year period (ibid., 65; UN 3 Apr. 2008, Para. 10). Among 1,200 respondents to the March 2007 poll who were between 16 and 75 years of age, 46.7 percent believed that some restrictions on the rights of homosexual citizens were required, 52.3 percent believed that homosexual partnerships should not be legally recognized and 60.2 percent believed that homosexuals should not be permitted to raise children (Nash Mir 2007, 65). The results indicated some regional variation, with inhabitants of Kyiv and Crimea displaying the highest levels of tolerance and the Western and Northern regions of Ukraine showing the least tolerance (ibid., 66).
In 2005, a survey conducted among the lesbian and gay community in Ukraine revealed that discrimination existed in "services, employment, education and health care" (The Advocate 22 Apr. 2008). Country Reports 2007 adds that access to medical treatment for gay men, including information on HIV/AIDS prevention, is inadequate (US 11 Mar. 2008, Sec. 5).
In a 2007 document called Ukrainian Homosexuals and Society: A Reciprocation, Nash Mir reports that in the sphere of labour relations, 78.2 percent of homosexuals report that they have experienced some form of discrimination, most often in the form of refusal of employment or dismissal (Nash Mir 2007, 79). According to the document, 13.5 percent of homosexuals complained of having information pertaining to their health or sexual orientation divulged to third parties by medical personnel (Nash Mir 2007, 83). Nash Mir contends that half of the homosexuals who experienced some form of oppression or discrimination did not seek protection (Nash Mir 2007, 84). The report provides several reasons for this including a fear of disclosing sexual orientation, a lack of faith in the legal system, mistrust of law enforcement and the judiciary, and a lack of knowledge of their legal rights (ibid.).
The 2007 COE report also notes "hate speech" directed at the lesbian and gay community is common in the media (COE 26 Sept. 2007, Para. 175). Nash Mir maintains that the popular perception is that homosexuality is a matter of "choice" (Nash Mir 2007, 77) and that many of the "sharply slanted" anti-homosexual articles are written by members of the Love against Homosexuality initiative (ibid., 76). Nash Mir describes Love against Homosexuality as an "ultra-homophobic" organization which advocates against homosexuality (ibid., 67). The group has also demanded that the words "sexual orientation" be removed from the draft of the Labour Code of Ukraine (ibid.).
Pressure from organized religious groups led to the cancellation of a planned program of events dedicated to the International Day against Homophobia (IDAHO) in May 2008 (ILGA Europe 20 May 2008; Pink News 22 May 2008). The program had been planned by a non-governmental organization (NGO) called the Nikolaev Association for Gays, Lesbians and Bisexuals (LiGA) who alleged that its right to freedom of expression and assembly was infringed upon when it received written notification from local authorities that the event was prohibited due to fears of civil disorder (ibid.; ILGA Europe 20 May 2008).
Law Enforcement
In his 2007 report, the Commissioner for Human Rights of the COE noted that rights violations are often committed by law enforcement agents (COE 26 Sept. 2007, Para. 175). Figures provided by Nash Mir in its 2007 report indicate that 61.5 percent of homosexuals report having suffered a violation of their rights at the hands of law enforcement bodies, including incidents of physical violence and sexual harassment (Nash Mir 2007, 79-80). Country Reports 2007 also reported instances of police abuse (US 11 Mar. 2008, Sec. 5).
According to Nash Mir, homosexual victims of crimes and other violations are often reluctant to complain due to fears that their sexual orientation may be divulged (Nash Mir 2007, 79). There have been reports of threats made by police to expose homosexual orientation to families and employers (US 11 Mar. 2008, Sec. 5) in addition to cases of blackmail (Nash Mir 2007, 80). Nash Mir contends that police sometimes record personal information on homosexuals such as addresses and phone numbers, and collect fingerprints and photos in violation of their constitutional rights (ibid.).
In its 2007 report, Nash Mir provides two examples of what it refers to as "hate crimes" committed against homosexual males (Nash Mir 2007, 83-84). In one case, a sixteen year old homosexual youth was allegedly driven to suicide by the harassment he was subjected to from his stepfather (ibid., 83). In the other case, a homosexual male was "mocked, beaten and raped" by three men, who were related to the head physician of the district hospital and the deputy chief of police (ibid., 84). No charges were laid in either case because of "insufficient [proof]" (ibid.).
Support Groups and Services
In a 2006 article, Gay Russia listed the following as the six main gay and lesbian activist organizations in the Ukraine: Gay Forum of Ukraine, Women's Network, LiGA, Nash Mir, Gay Alliance and Chas Zhyttya (Gay Russia 9 July 2006). In its 2007 report, Nash Mir stated that there were fewer than ten homosexual organizations in Ukraine (Nash Mir 2007, 85) but since then, three organizations - Nash Mir, Gay Alliance and Gay Alliance Cerkasy - have united to form the Union of Gay Organizations of Ukraine (UGOU) (Pink News 20 June 2008; UGOU 16 June 2008.). UGOU activities will focus on advocating for the rights and freedoms of homosexuals, mobilizing the "gay community" and preventing HIV infection (Pink News 20 June 2008; UGOU 16 June 2008).
In its 2007 report, Nash Mir mentions two publications which feature homosexual content, Odyn z Nas and Gay.Ua (Nash Mir 2007, 86). On 22 February 2008, criminal charges were laid by the Public Prosecutor's Office in Kyiv for "distribution of pornography" against the editorial staff of Gay.Ua, which is published by Nash Mir (ILGA Europe 20 Mar. 2008; Pink News 31 Mar. 2008). The International Gay and Lesbian Human Rights Commission (IGLHRC) and the International Gay and Lesbian Association - Europe (ILGA Europe) wrote a joint letter to the government of Ukraine in which they allege that the charges are discriminatory because they "selectively [employ] the notion of public morality" by targeting the publisher (ibid.; ILGA Europe 20 Mar. 2008). A guilty verdict could result in a sentence ranging from three to seven years in jail (Pink News 31 Mar. 2008).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
References
The Advocate. 22 April 2008. Adrian R. Coman. "The Gay Map of the Orthodox World: Ukraine." (BNet.com) <http://findarticles.com/p/articles/mi_m1589/is_1006/ai_n25401681> [Accessed 18 Aug. 2008]
Amnesty International (AI). July 2006. Sexual Minorities and the Law: A World Survey. <http://www.asylumlaw.org/docs/sexualminorities/World%20SurveyAIhomosexuality.pdf> [Accessed 18 Aug. 2008]
Council of Europe (COE). 26 September 2007. Report by the Commissioner for Human Rights Mr Thomas Hammarberg on his Visit to Ukraine 10 – 17 December 2006. (ecoi.net) <http://www.ecoi.net/file_upload/470_1191931588_commdh-2007-15-e.pdf> [Accessed 25 Aug. 2008]
Gay Russia. 9 July 2006. "Ukrainian LGBT Claim Same Sex Partnership Law." <http://www.gayrussia.ru/en/news/detail.php?ID=6232> [Accessed 19 Aug. 2008]
International Lesbian and Gay Association (ILGA). May 2008. Daniel Ottosson. State-sponsored Homophobia: A World Survey of Laws Prohibiting Same Sex Activity Between Consenting Adults. <http://www.ilga.org/statehomophobia/ILGA_State_Sponsored_ Homophobia_2008.pdf> [Accessed 18 Aug. 2008]
International Lesbian and Gay Association (ILGA) Europe. 20 May 2008. "Nikolaev Local Authorities Ban Action Commemorating International Day Against Homophobia!" <http://www.ilga-europe.org/europe/guide/country_by_country/ukraine/nikolaev_local_ authorities_ban_action_commemorating_international_day_against_ homophobia> [Accessed 18 Aug. 2008]
_____. 20 March 2008. "Joint ILGA-Europe / IGLHRC Protest Letter to the Ukrainian Authorities on Prosecution of Nash Mir Activists." <http://www.ilga-europe.org/europe/guide/country_by_country/ukraine/joint_ilga_europe_ iglhrc_protest_letter_to_the_ukrainain_authorities_on_prosecution_of_ nash_mir_activists> [Accessed 18 Aug. 2008]
Nash Mir (Our World) Gay and Lesbian Centre. 2007. Ukrainian Homosexuals and Society: A Reciprocation. <http://gay.org.ua/publication/gay_ukraine_ 2007-e.pdf> [Accessed 18 Aug. 2008]
_____. N.d. "Statements Made by Ukrainian Government and Political Leaders on Gay and Lesbian Issues (in 2006 - 2007)." (ILGA Europe) <http://www.ilga-europe.org/europe/guide/country_by_country/ukraine/statements_made_ by_ukrainian_government_and_political_leaders_on_gay_and_lesbian_ issues_in_2006_2007> [Accessed 18 Aug. 2008]
Pink News [London]. 20 June 2008. Tony Grew. "Ukrainian Gay Groups Form Union." <http://www.pinknews.co.uk/news/articles/2005-8037.html> [Accessed 18 Aug. 2008]
_____. 22 May 2008. Adam Lake. "Christian Groups Halt Gay Rights Event in Ukraine." <http://www.pinknews.co.uk/news/articles/2005-7708.html> [Accessed 18 Aug. 2008]
_____. 31 March 2008. "Ukrainian Gay Paper Faces Criminal Charges." <http://www.pinknews.co.uk/news/articles/2005-7265.html> [Accessed 18 Aug. 2008]
_____. 6 March 2008. "Ukrainian MPs Attack 'Popularisation' of Homosexuality." <http://www.pinknews.co.uk/news/articles/2005-7046.html> [Accessed 18 Aug. 2008]
_____.13 February 2007. Tony Grew. "Ukrainian Gays Face Fight with Parliament." <http://www.pinknews.co.uk/news/articles/2005-3700.html> [Accessed 18 Aug. 2008]
_____. N.d. "About Us." <http://www.pinknews.co.uk/about-us> [Accessed 21 Aug. 2008]
Ukraine. 28 June 1996. Constitution of Ukraine. Unofficial English translation. <http://www.president.gov.ua/en/content/constitution.html> [Accessed 21 Aug. 2008]
Union of Gay Organizations of Ukraine (UGOU). 16 June 2008. "Union of Gay Organizations of Ukraine is Founded. <http://www.gay.org.ua/activity/union-e.htm> [Accessed 18 Aug. 2008]
United Nations (UN). 3 April 2008. Human Rights Council. "Ukraine." Summary Prepared by the Office of the High Commissioner for Human Rights, in Accordance with Paragraph 15(C) of the Annex to Human Rights Council Resolution 5/1. <http://www.ohchr.org/EN/HRBodies/UPR/PAGES/UASession2.aspx> [Accessed 18 Aug. 2008]
United States (US). 11 March 2008. Department of State. "Ukraine." Country Reports on Human Rights Practices for 2007. <http://www.state.gov/g/drl/rls/hrrpt/2007/100590.htm> [Accessed 18 Aug. 2008]
Additional Sources Consulted
Internet sources, including: Gay Alliance, Gay Times [London], Interregional East Ukrainian LGBT Association Ravnodenstvie (Equinox), Odyn z Nas, Ukrainian Gay and Lesbian Association, (UGLA)