23. Oktober 2019

 

 

Ausführliche Informationen zu den Fragestellungen finden Sie in folgenden Berichten:

 

·      BFA Staatendokumentation: Anfragebeantwortung der Staatendokumentation zu Ukraine: Lage Homosexueller, 6. Februar 2019 (Login der Staatendokumentation erforderlich)
https://www.ecoi.net/en/file/local/2003069/UKRA_MR_SOG_Lage+Homosexueller_2019_02_06_KE.odt

·      EGHR-Ukraine - The Expert Group on Health and Rights of Gay and Other MSM in Ukraine: Human Rights Violations on the Grounds of Sexual Orientation and Gender Identity in Ukraine; Shadow Report; To the UN Human Rights Committee for consideration at 127th session; List of issues to be taken up in connection with the consideration of the eighth periodic report of Ukraine, August 2019
https://tbinternet.ohchr.org/Treaties/CCPR/Shared Documents/UKR/INT_CCPR_ICO_UKR_36961_E.docx

·      LGBT Human Rights Nash Mir Center: LGBT situation in Ukraine in 2019 (January – August), 4. September 2019
https://gay.org.ua/publications/Situation_of_LGBT_in_Ukraine_Summer_2019_ENG.pdf

·      LGBT Human Rights Nash Mir Center: Overcoming obstacles. LGBT situation in Ukraine in 2018, 5. Februar 2019
https://gay.org.ua/publications/Situation-of-LGBT-in-Ukraine-2018-ENG.pdf

·      LGBT Human Rights Nash Mir Center: Hate crimes and incidents in Ukraine, 2018
https://gay.org.ua/publications/hatecrime2018-e.pdf

·      RFE/RL – Radio Free Europe/Radio Liberty: 'It's Even Worse Than Before': How The 'Revolution Of Dignity' Failed LGBT Ukrainians, 21. November 2018
https://www.ecoi.net/de/dokument/2001368.html

·      UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity: End of mission statement, 10. Mai 2019
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24587&LangID=E

 

Die folgenden Ausschnitte aus ausgewählten Quellen enthalten Informationen zu oben genannter Fragestellung (Zugriff auf alle Quellen am 23. Oktober 2019):

Allgemeine Lage

·      IPHR – International Partnership for Human Rights, UHHRU - Ukrainian Helsinki Human Rights Union: Key concerns and recommendations on fundamental rights in Ukraine, Jänner 2019
https://iphronline.org/wp-content/uploads/2019/01/IPHR-UHHRU-brief-updated-5.pdf

„Rights of LGBTI communities

Although homophobic and transphobic violence and discrimination were still somewhat widespread in Ukraine in 2018, Ukrainian authorities have taken some important steps to improve the situation for some minority groups. These include the positive support for the peaceful conduct of the Equality March (Pride) in Kyiv in June 2018. The police and law-enforcement agencies have undergone training on enforcing principles of tolerance and non-discrimination and were able to ensure that events on LGBTI issues were carried out with less violence and confrontation than in previous years. […]

Legislation also requires improving to better protect the rights of LGBTI persons. According to monitoring by LGBTI Human Rights Centre Nash Mir (Our World), legal obstacles facing the LGBTI community include the two year delay in implementing amendments to the Criminal Code of Ukraine; notably lack of definition in law for hate crimes against LGBTI or other minority groups, as stipulated in paragraph 105 of the Action Plan of Human Rights. […]

The Equality March in June 2018 took place in more peaceful environment, with, according to statistics from Nash Mir (Our World), some 5000 participants in Kyiv and 5000 policemen protecting. However, more violent attacks occurred after the event than in 2017.” (IPHR/UHHRU, 2019, S. 5-6)

·      BAMF – Bundesamt für Migration und Flüchtlinge (Deutschland): Briefing Notes 16 September 2019, 16. September 2019
https://www.ecoi.net/en/file/local/2016909/Deutschland___Bundesamt_f%C3%BCr_Migration_und_Fl%C3%BCchtlinge%2C_Briefing_Notes%2C_16.09.2019_%28deutsch%29.pdf

„Erste Gay-Pride-Parade in zweitgrößter ukrainischer Stadt

Am 15.09.19 haben in der ukrainischen Stadt Charkiw um die 2.000 Menschen für mehr Gleichberechtigung von LGBTI-Personen demonstriert. Die erste Gay-Pride-Parade in der zweitgrößten ukrainischen Stadt verlief friedlich, Demonstranten schwenkten Regenbogenflaggen und forderten in ihren Parolen mehr Akzeptanz und Schutz von LGBTI-Personen in Charkiw. Am Rande der Demonstrationen kam es jedoch zwischen rechtextremen Gegendemonstranten und der Polizei kurzzeitig zu Auseinandersetzungen bei denen zwei Polizisten verletzt und 17 Personen verhaftet worden sind.“ (BAMF, 16. September 2019, S. 9-10)

Gewalt

·      HRW - Human Rights Watch: Human Rights Watch Country Profiles: Sexual Orientation and Gender Identity - Ukraine, 2019
https://www.hrw.org/video-photos/interactive/2019/09/23/sexual-orientation-gender-identity-country-profiles#ukraine

„Ukraine

The police response to violence based on sexual orientation and gender identity in Ukraine was uneven. In his statement following a visit to Ukraine in April 2019, the UN independent expert on protection against violence and discrimination based on sexual orientation and gender identity noted that the police only registered 15 criminal offenses against LGBT people while non-governmental organizations recorded 358 cases of violence, discrimination and other violations motivated by anti-LGBT bias. This suggests that the authorities are not effectively documenting and prosecuting offenses against LGBT people.

Police successfully prevented violent attacks against participants in women’s rights rallies held on March 8, 2019 in seven Ukrainian cities, and in April 2019, police held back far-right activists when they disrupted the European Lesbian Conference, held in Kyiv, by trying to break through security cordons and spraying tear gas at the guards and participants. The conference venue was evacuated on the conference’s last day due to a bomb threat.

But on other occasions police were perpetrators of anti-LGBT abuses. Police in Dnipro raided a gay club in April 2019, forcing visitors to lie on the floor for hours, using homophobic slurs, and filming. Two people were injured. Police claimed they were investigating for ‘creation and running brothels and trading in prostitution,’ an offense under the penal code, implying that regular night club activities, such as dancing and shows as well as the distribution of condoms, constitute prostitution if they involve gay men.

The Equality March, held in Kyiv in June 2019, was Ukraine’s largest-ever Pride event, drawing 8,000 participants. It was mostly peaceful and well-guarded by police. President Volodymyr Zelensky released a statement calling on law enforcement agents to maintain safety at the event.” (HRW, 2019)

·      Ukrainian Helsinki Human Rights Union; Ukrainian Institute for Human Rights; Amnesty International Ukraine; Autonomous Advocacy; Insight; Social Action Centre; LGBT Human Rights Nash Mir Center; Ukrainian Independent Center for Political Studies et al.: Submission to the UN Committee on Economic, Social and Cultural Rights for consideration in formulation of the List of Issues for Ukraine; 63 Pre-Sessional Working Group, August 2018
https://www.ecoi.net/en/file/local/1457188/1930_1548856708_int-cescr-ics-ukr-32416-e.doc

„Attacks against LGBT cultural and awareness-raising activities and the spread of LGBT-negative rhetoric.

In recent years, increased interference in activities of LGBT organizations by radical groups, including those officially registered, has been observed in Ukraine. Anti-LGBT groups disrupt cultural and educational events aimed at raising the level of tolerance in society. For example, during the past two years, the following events were disrupted or attacked - including cases of physical violence. Incidents of maltreatment, physical attacks, spread of social stigma and discrimination in private life have become more frequent.” (Ukrainian Helsinki Human Rights Union; Ukrainian Institute for Human Rights; Amnesty International Ukraine; Autonomous Advocacy; Insight; Social Action Centre; LGBT Human Rights Nash Mir Center; Ukrainian Independent Center for Political Studies et al, August 2018, S. 4-5)

·      OHCHR – UN Office of the High Commissioner for Human Rights: Report on the human rights situation in Ukraine; 16 May to 15 August 2019, September 2019
https://www.ecoi.net/en/file/local/2016934/ReportUkraine16May-15Aug2019_EN.pdf

„The KyivPride Equality March was celebrated without major security incidents, with police professionally securing the assembly and its participants. However, smaller events organised by the LGBTI community in the regions were still frequently disrupted by extreme right-wing groups who act with impunity.“ (OHCHR, September 2019, S. 2)

„While the police have successfully secured major LGBTI assemblies in big cities, extreme right-wing groups acting with impunity frequently disrupted smaller events organised by minority groups, such as LGBTI and Roma. During the reporting period, three events organised by minority groups in Kyiv, Kharkiv and Kryvyi Rih were disrupted by extreme right-wing groups. The police were present at each of these events, but did not prevent the disruption. An LGBTI march in Kryvyi Rih was cancelled after the police stated that it would not be able to provide security for the participants.” (OHCHR, September 2019, S. 20)

·      IPHR – International Partnership for Human Rights, UHHRU - Ukrainian Helsinki Human Rights Union: Key concerns and recommendations on fundamental rights in Ukraine, Jänner 2019
https://iphronline.org/wp-content/uploads/2019/01/IPHR-UHHRU-brief-updated-5.pdf

„Rights of LGBTI communities […]

However, despite these improvements, 2018 saw instances when police did not manage to contain the violence at LGBTI events. In May 2018, an LGBTI event in Kyiv was violently disrupted by members of a radical nationalist group. The police failed to remove the violent group from the event, and the event was subsequently cancelled.[…]

Nash Mir (Our World) statistics show that in 2018 there were 108 cases of insults and humiliation, 56 cases of physical acts of violence, 27 cases of hate speech, 19 cases of illegal disclosure of confidential information, nine violent attacks on LGBTI themed events, centres or activists, five threats of and use of weapons, and four incidents of blocking of peaceful assemblies. The Ukrainian authorities also rejected the request for refugee status of the Russian trans-person Soldado Kowalisidi, despite them being able to document threats to life. Kowalisidi currently lives in Ukraine with their partner.” (IPHR/UHHRU, 2019, S. 5-6)

·      RFE/RL – Radio Free Europe/Radio Liberty: Gay Veteran Of Donbas War Attacked In Kyiv, 1. Oktober 2019
https://www.ecoi.net/de/dokument/2017533.html

„An openly homosexual Ukrainian veteran of the war in the eastern part of the country says he was beaten up by five people as he was returning home late on September 28. The news of Vasyl Davydenko's beating emerged two days later when fellow gay veteran, Viktor Pylypenko -- the first Donbas veteran to have come out -- posted a message on his Facebook timeline. Davydenko, 41, told local TSN television on September 30 he believed the assault was because of his sexual orientation.“ (RFE/RL, 1. Oktober 2019)

·      Queer.de: Ukraine: Übergriffe bei Razzia in Schwulenclub, 25. April 2019
https://www.queer.de/detail.php?article_id=33455

„Bei einer im Schwulenclub Potemkin in der ostukrainischen Millionenstadt Dnipro durchgeführten Razzia soll es nach Angaben von LGBTI-Aktivisten zu Übergriffen gekommen sein. 20 bis 25 Polizisten waren laut der Organisation Nash Mir in der Nacht zum 20. April gegen ein Uhr in den Nachtclub ‚Potemkin‘ eingedrungen. Die Beamten sollen die ungefähr 25 Feiernden sowie die anwesenden Mitarbeiter gezwungen haben, sich auf den Boden zu legen – sie durften den Angaben zufolge erst drei Stunden später wieder aufstehen. Alle Mobiltelefone seien beschlagnahmt worden, zudem seien persönliche Gegenstände aus der Garderobe verschwunden.

Die Polizisten hätten sich laut Nash Mir ‚sehr aggressiv und homophob‘ verhalten. So hätten sie wiederholt homosexuelle Beleidigungen ausgesprochen. Zwei Ausländer seien zudem gezwungen worden, die ukrainische Nationalhymne zu singen. Einer der Anwesenden sei verletzt worden.

Die Beamten begründeten ihre Razzia mit Ermittlungen wegen Verdachts auf Prostitution und der Verbreitung von Pornografie. Allerdings erachten die LGBTI-Aktivisten Homophobie als einzigen Grund für die Razzia. ‚Wir verurteilen diese offensichtlich homophoben und illegalen Taten der Polizei von Dnipro‘, erklärte Nash Mir. ‚In einer Zeit, in der es viel Kriminalität in der Ukraine gibt, darunter auch Hassvergehen gegen Homosexuelle, versucht die Polizei, einvernehmlichen gleichgeschlechtlichen Sex zwischen Männern zu verhindern.‘” (Queer.de, 25. April 2019)

·      AI – Amnesty International: Ukraine: First-ever Pride march in Kharkiv marred by violence, underscores multiple failures by the authorities [EUR 50/1077/2019], 23. September 2019
https://www.ecoi.net/en/file/local/2016842/EUR5010772019ENGLISH.pdf

„Local authorities and the police in Kharkiv (north-eastern Ukraine), have failed to put in place sufficient safety measures in advance of the first-ever Pride event in the city, KharkivPride March, on 15 September 2019. The marchers were attacked by counter-protesters, and some participants were chased down, beaten and otherwise injured by members of groups advocating discrimination and systematically engaging in violence. The local authorities failed in their duty to ensure that everyone was able to enjoy their rights to freedom of expression and peaceful assembly during the Pride event, without discrimination and fear of reprisals. While the Ukrainian police effectively protected Pride marches in Kyiv and Odesa and women’s rights rallies across the country earlier this year, this was not the case in Kharkiv. This was yet another failure to combat violence and near-total impunity enjoyed by so-called ‘far-right’ groups in Ukraine. […]

Notably, weeks before the pride, the Kharkiv authorities indicated that they intended to prevent the event from happening. In particular, Kharkiv City Council members stated that they were going to seek a court injunction against the planned pride event, and it was not until 9 September that the councilors finally decided against pursuing this measure. In the end, several Pride participants were severely injured, some received head injuries, according to information from eye-witnesses. Additionally, numerous other reports confirm that policy officers also displayed homophobic attitudes or made homophobic remarks. The KharkivPride March has exposed a string of manifest failures on the part of the authorities. Violence at the event was predictable and expected, and a number of well-known groups advocating discrimination made their intent to disrupt the Pride well known before the event.“ (AI, 23. September 2019, S. 1-2)

Reaktion von Polizei und Gerichten bei Hassverbrechen

·      USDOS – US Department of State: Country Report on Human Rights Practices 2018 - Ukraine, 13. März 2019
https://www.ecoi.net/de/dokument/2004269.html

„There was frequent violence against LGBTI persons, and authorities often did not adequately investigate these cases or hold perpetrators to account. An increase in attacks was due to increasingly active nationalist hate groups (see national minorities above). The HRMMU [United Nations High Commissioner for Human Rights Monitoring Mission in Ukraine] noted that attacks against members of the LGBTI community and other minorities were rarely classified under criminal provisions pertaining to hate crimes, which carried heavier penalties. Crimes and discrimination against LGBTI persons remained underreported. For example on June 30, about 10 unidentified young persons attacked Boris Zolotchenko, the head of the organizing committee of the Kryvbas Equality march. Witnesses called police, who refused to come to the crime scene. An investigation into a prior attack on Zolotchenko that took place in January in which five unknown men beat him was closed due to ‘lack of suspects.’ According to the LGBTI rights group Nash Mir, nationalist hate groups consistently tried to disrupt LGBTI events with violence or threats of violence. For example, on May 10, members of a nationalist hate group disrupted a public discussion in Kyiv on LGBTI rights in Russia. More than 20 men arrived at the venue and threatened participants with violence unless they left. The venue owner joined in the calls and told the organizers to cancel the event and vacate the premises. Police officers present on the site refused to intervene. Although leading politicians and ministers condemned attacks on LGBTI gatherings and individuals, officials sometimes failed to protect LGBTI persons. Transgender persons continued to face discrimination and violence. On August 19, an unknown person made homophobic remarks and beat transgender activist Anastasia Kristel Domani. Police opened an investigation for minor assault charges, but as of late November had made no arrests. “ (USDOS, 13. März 2019, Section 6)

·      OHCHR – UN Office of the High Commissioner for Human Rights: Report on the human rights situation in Ukraine; 16 May to 15 August 2019, September 2019
https://www.ecoi.net/en/file/local/2016934/ReportUkraine16May-15Aug2019_EN.pdf

„On 19 June 2019 in central Kyiv, three members of extreme right-wing groups attacked seven members of the LGBTI community who were walking home from a KyivPride event held prior to the KyivPride Equality March. One victim was beaten and four were sprayed with tear gas, leading to one person being hospitalised. The police opened a criminal investigation but the perpetrators have not been identified yet. The National Police classified the incident as hooliganism instead of a hate crime, despite evidence suggesting the persons targeted were attacked because of their identity.” (OHCHR, September 2019, S. 21)

·      Ukrainian Helsinki Human Rights Union; Ukrainian Institute for Human Rights; Amnesty International Ukraine; Autonomous Advocacy; Insight; Social Action Centre; LGBT Human Rights Nash Mir Center; Ukrainian Independent Center for Political Studies et al.: Submission to the UN Committee on Economic, Social and Cultural Rights for consideration in formulation of the List of Issues for Ukraine; 63 Pre-Sessional Working Group, August 2018
https://www.ecoi.net/en/file/local/1457188/1930_1548856708_int-cescr-ics-ukr-32416-e.doc

„Attacks against LGBT cultural and awareness-raising activities and the spread of LGBT-negative rhetoric. […] The police rarely take measures in such cases, the crimes are not documented and not investigated. The State does not take appropriate and effective steps to combat stereotypes and stigma against LGBT people.“ (Ukrainian Helsinki Human Rights Union; Ukrainian Institute for Human Rights; Amnesty International Ukraine; Autonomous Advocacy; Insight; Social Action Centre; LGBT Human Rights Nash Mir Center; Ukrainian Independent Center for Political Studies et al., August 2018, S. 4-5)

·      IPHR – International Partnership for Human Rights, UHHRU - Ukrainian Helsinki Human Rights Union: Key concerns and recommendations on fundamental rights in Ukraine, Jänner 2019
https://iphronline.org/wp-content/uploads/2019/01/IPHR-UHHRU-brief-updated-5.pdf

„The registration and investigation of hate crimes towards the LGBTI groups in Ukraine remains highly inefficient. The lack of a specific registration system for hate crimes disaggregated by motivation (ethnicity, sexual orientation, political standpoint) exacerbates this. Some monitoring and systematic information-gathering is carried out by the NGO Nash Mir (Our World), but is not reflected in official statistics. In addition, many members of the LGBTI community are afraid to report mistreatment and hate crimes, due to their lack of trust in judiciary and in obtaining an independent investigation. This appears to be a general problem in Ukraine, as Nash Mir (Our World), report that the police repeatedly refuse to stipulate homophobia and transphobia as motives for crimes. […]

In January 2018 prominent LGBTI activist Borys Zolotchenko and other LGBTI activists were attacked by masked men as they were leaving an event in Dnipropetrovsk region. The assailants yelled Nazi slogans during the attack. In June, Zolotchenko and other LGBTI activists were attacked again by over ten people. Neither of the attacks were investigated by the police.” (IPHR/UHHRU, Jänner 2019, S. 6)

·      UHHRU - Ukrainian Helsinki Human Rights Union: Alternative Report by the Ukrainian Helsinki Human Rights Union on implementation of recommendations provided by the UN Human Rights Committee based on consideration of the Seventh Periodic Report of Ukraine (CCPR/C/SR.3002) in regard to implementation of the International Covenant on Civil and Political Rights, 3. August 2018
https://helsinki.org.ua/wp-content/uploads/2018/08/CCPR-Alternative-Report_UHHRU_Ukraine-1.pdf

„8.9. Another problem of Ukrainian legislation is the long overdue amendment of the Criminal Code that still remains unaddressed. Thus, Articles 115, 121, 122, 126 and others concerning ‘crimes of intolerance’, define these offenses as crimes committed solely on the grounds of ‘racial, national or religious intolerance’, which makes them impossible to properly investigate and classify when they are committed for other reasons. This shortcoming should have been corrected in 2016, yet no such bill has yet been introduced.” (UHHRU, 3. August 2018, S. 8)

„10.1. The lack of notions ‘sexual orientation’, ‘gender identity’ in national legislation, in particular the Criminal Code of Ukraine, complicates the fight against intolerance-motivated crimes. Experts believe that: ‘the practice of investigating ‘hate crimes’ based on homophobia or transphobia remains largely unsatisfactory.’ Like before, investigators try to completely ignore the homophobic motivation of criminals, and often they themselves are guilty of overtly homophobic and unprofessional behavior towards victims of LGBT hate crimes. Most crimes against LGBT people are classified as hooliganism, but subsequently even these cases are closed due to limitation period. The vulnerability of these groups (the victim believes that the police will not investigate the crimes against him (her), as well as the risk of revealing sexual orientation, gender identity) significantly affects the reporting or non-reporting of such crimes.

10.2. The statistics on these crimes are unequal. Of the 49 cases registered by the National Police of Ukraine in 2015 under Article 161 of the Criminal Code of Ukraine [Violation of citizens' equality based on their race, nationality or religious preferences], there was only one case on the grounds of sexual orientation. According to the ombudsman, during 2017 pre-trial investigation was conducted in criminal proceedings for 95 criminal offenses on the grounds of intolerance, 2 cases of which were related to sexual orientation.

10.3. Other data is provided by non-governmental organizations. Thus, 391 people polled from all over Ukraine, including the occupied territories, encountered hate crimes / incidents: in 2014 - 123 people; 2015 - 152; 2016 – 116. In 2017, 226 cases of actions on the grounds of homophobia / transphobia, discrimination, as well as the other violations of LGBT rights in Ukraine (insults, humiliation of human dignity, threats - 134 cases, physical violence of various degree of severity - 92, etc.) were documented. […]

11.1. Among the positive change in this area, experts singled out: changes in the police record form of the circumstances of the crime, now contains a column to indicate that the victim considers the crime against his (her) as hate-motivated; establishment of a National contact center for hate crimes and the appointment of special police officers at the regional level to monitor investigation of cases where the victim perceives the motive of hatred; intensive police training, in particular from the OSCE [Organization for Security and Co-operation in Europe] for the identification of crimes committed on the basis of intolerance; collecting data on hate crimes against LGBT persons; placement of posters in police departments, encouraging to report hate crimes, which depict photos of five socially disadvantaged groups.

11.2. However, the actual number of such crimes can not be estimated, as victims may not report attacks to law enforcement agencies, in particular due to lack of trust in the system and the fear of revictimization, as well as along of qualification of such crimes as hooliganism. Among the shortcomings of the investigation of hate crimes should be mentioned ineffectiveness of investigators’ actions, refusal to accept report on a crime, delaying procedural actions, etc.

11.3. Only in 2016 the National Police of Ukraine for the first time published the statistics on hate crimes, which data was included in the Unified register of pre-trial investigations (Annex 1).

11.4. Despite a certain number of criminal cases opened, only a small fraction of them go to trial. According to the Unified State Register of Court Decisions in 2016, two sentences were issued where individuals were found guilty of committing a criminal offense under Article 161 of the Criminal Code of Ukraine, in 2017 and 2018 – 1 sentence each year. “ (UHHRU, 3. August 2018, S. 11-14)

·      Open Democracy: Is Ukraine turning the corner on LGBT rights?, 2. Juli 2019
https://www.opendemocracy.net/en/odr/ukraine-turning-corner-lgbt-rights/

„Nearly all of the 25 people detained for hurling explosives at participants in the 2015 Equality March in Kyiv, injuring many participants and police officers, were released without charges. Only four people, who openly admitted their anti-LGBT+ hate motivation, were eventually convicted of simple hooliganism, though the judge reduced their sentence from three years’ imprisonment to two years’ probation. No one has been held accountable for a violent assault on an event organised by Amnesty International Ukraine in May 2018, despite the group’s efforts to basically do investigators’ job for them by providing them with extensive evidence. The LGBT+ rights group Nash Mir has documented these and dozens of other incidents in the past few years, almost all taking place without any consequences.“ (Open Democracy, 2. Juli 2019)

·      AI – Amnesty International: Regierung hat Rechtsextreme nicht unter Kontrolle, 28. August 2019
https://www.amnesty.de/informieren/amnesty-journal/ukraine-straflose-gegen-schutzlose

„Bereits im Oktober 2018 hatte Amnesty International Bun­deskanzlerin Angela Merkel aufgefordert, bei ihrem Besuch in Kiew die unzureichende Menschenrechtslage anzusprechen. Grund zur Sorge gaben schon damals Angriffe auf Aktivistinnen und Angehörige schutzbedürftiger Gruppen. Daran hat sich wenig geändert. Das Klima der Straflosigkeit, das solche Angriffe befördert, besteht unverändert. […]

Neben Aktivisten sind vor allem Roma wie auch Schwule, Lesben, Bisexuelle, Trans- und Intergeschlechliche (LGBTI) Opfer von Gewalt. Im Jahr 2018 verübten rechtsextreme Gruppen wie S14 oder die Miliz Azov National Druzhina in mehreren Städten Angriffe auf Romasiedlungen. Im April 2019 attackierten maskierte Mitglieder von S14 eine Romasiedlung, warfen Steine und attackierten Frauen und Kinder mit Tränengas.

Im Juni zerstörten Mitglieder der Azov National Druzhina die Unterkünfte von Roma mit Äxten und Hämmern. Die Aktion war zuvor im Internet angekündigt worden und wurde von Azov National Druzhina live bei Facebook gestreamt. Ein Sprecher der Kiewer Polizei erklärte später, man habe keine Strafermittlungen eingeleitet.

Für Mitglieder der LGBTI-Community ist die Situation nicht besser. Zwar konnte im Juni 2018 die Pride-Parade in Kiew unter Polizeischutz stattfinden. Eine Vielzahl anderer Veranstaltungen zu LGBTI-Themen wurde von der Polizei jedoch nicht ausreichend geschützt; nach Störungen von Rechtsextremisten muss­ten sie abgebrochen werden.

Fehlende Untersuchungen

Hinzu kommt, dass Angriffe von der Polizei nicht oder nur unzureichend verfolgt werden. Die Ermittlungen verlaufen oft sehr langsam, Zeugen werden nicht befragt und Aussagen nicht oder fehlerhaft aufgenommen. Dies führt dazu, dass Opfer von Übergriffen diese nicht bei der Polizei anzeigen. Sie zweifeln daran, dass es zu unabhängigen und gründlichen Untersuchungen kommen wird.

Ein Grund für die unzureichende Arbeit der Polizei ist, dass es in der Ukraine keinen gesetzlichen Schutz vor Hassverbrechen gibt. Die Polizei wertet Angriffe gegen Roma oder LGBTI meist als Hooliganismus, der mit verhältnismäßig geringen Strafen geahndet wird. ‚Hassverbrechen sind in unserer Gesetzgebung kein Straftatbestand. Daher gibt es auch keine zuverlässigen Statistiken darüber, wie viele Hassverbrechen in der Ukraine verübt werden, und keinen rechtlichen Schutz für gefährdete Personen‘, sagt der Rechtsanwalt Krapyvin.“ (AI, 28. August 2019)

Diskriminierungsschutz

·      IPHR – International Partnership for Human Rights, UHHRU - Ukrainian Helsinki Human Rights Union: Key concerns and recommendations on fundamental rights in Ukraine, Jänner 2019
https://iphronline.org/wp-content/uploads/2019/01/IPHR-UHHRU-brief-updated-5.pdf

„Additionally, several laws are still pending review by the Rada, due to resistance from MPs who are reluctant to adopt legislation to protect the rights of LGBTI persons. According to Nash Mir (Our World), in the last two years there has been no progress in implementation of the LGBTI component of the Human Rights Action Plan, including the failure to introduce language on ‘sexual orientation’ and ‘gender identity’ as a ‘protected ground’ in anti-discrimination legislation (Paragraph 105, Action 1). The Human Rights Action Plan also includes instructions for the Ministry of the Interior and the Office of the Prosecutor General to develop and implement guidelines for investigating hate crimes (Paragraph 109, Action 3) against the LGBTI community, still pending the necessary steps from these institutions.” (IPHR/UHHRU, Jänner 2019, S. 5-6)

·      USDOS – US Department of State: Country Report on Human Rights Practices 2018 - Ukraine, 13. März 2019
https://www.ecoi.net/de/dokument/2004269.html

„The labor code prohibits workplace discrimination on the basis of sexual orientation or gender identity. No law, however, prohibits such discrimination in other areas, and discrimination was reportedly widespread in employment, housing, education, and other sectors.“ (USDOS, 13. März 2019, Section 6)

·      UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity: End of mission statement, 10. Mai 2019
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24587&LangID=E

„Sexual orientation and gender identity are not included as explicitly protected grounds of discrimination in the Constitution, the Law of Ukraine ‘On Principles of Prevention and Combating Discrimination in Ukraine’. However, both instruments use open-ended lists of grounds, with an explicit list of characteristics followed by the words ‘or other characteristics’, thus allowing for the possibility for these grounds to be protected through judicial interpretation.’

Sexual orientation and gender identity have been articulated explicitly as grounds for protection in two pieces of legislation: the Code of Labor Laws and the law on the legal status of missing persons. In addition, it has been introduced in a number of secondary legislation and state policies. However, Ukraine’s hate crime legislation does not explicitly include sexual orientation and gender identity as aggravating circumstances. Therefore, crimes that should be considered hate crimes, in the event they are investigated, are often characterized as lesser charges, such as hooliganism.“ (UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, 10. Mai 2019)

·      Freedom House: Freedom in the World 2019 - Ukraine, 4. Februar 2019
https://www.ecoi.net/de/dokument/2002619.html

„A 2012 law introduced a nonexclusive list of grounds on which discrimination is prohibited. Gender discrimination is explicitly banned under the constitution. However, these protections are inconsistently enforced, and the Romany minority and LGBT people experience significant discrimination in practice. Roma and LGBT people and groups generally only receive police protection or justice for attacks against them when there is intense pressure from civil society. Rights groups have reported that employers openly discriminate on the basis of gender and age.“ (Freedom House, 4. Februar 2019)

Organisationen/Einrichtungen, die Schutz vor Gewalt in solchen Fällen anbieten

·      Reuters: Shunned and homeless LGBT Ukrainians find shelter in Kiev, 2. Jänner 2018
https://www.reuters.com/article/us-ukraine-lgbt-shelter/shunned-and-homeless-lgbt-ukrainians-find-shelter-in-kiev-idUSKBN1ER0GC

„Too afraid to go home to Nikopol, Kalashnyk headed to Kiev when he returned to Ukraine about a month later where he found accommodation with Insight, a local gay rights group.

The organization runs Ukraine’s first and only LGBT shelter - a four-room flat, with bunk beds, a kitchen and communal area, in an old apartment block outside Kiev’s city center.

Up to eight guests at a time can receive food, clothing, medicines, a travel card, as well as legal and psychological help, and can stay up to three months, extendable on an ad hoc basis, Insight says.“ (Reuters, 2. Jänner 2018)

·      PinkNews: forced to close after running out of money, 10. Oktober 2019
https://www.pinknews.co.uk/2019/10/10/ukraine-shelter-lgbt-war-close-down-inight/

„It looked like any other Eastern bloc-style building, but a four-bedroom apartment in the capital of Ukraine was, for five years, a crucial lifeline for the country’s LGBT+ community.

An LGBT+ shelter in Kyiv ran out of money and was forced to close its doors, severing off a pocket of protection in a war-tugged country where citizens and officials divide on queer rights.

Opened by the LGBT+ non-government organisation Insight in 2014, it became the first shelter specifically to house queer folk. But organisers folded the hostel after a struggle with funding, they confirmed to PinkNews. LGBT+ Ukrainians fleeing from military conflict and disowned by families no longer have a safe space. […]

Insight opened the shelter that housed around nine refugees at a time – 15 max – each provided with three months of stay as well as legal and psychological support. Clothing, medicine, public transport passes were all provided by the shelter, as well as guidance with applying for work. Around 68 refugees stayed at the tiny hostel across five years, Shevchenko said. However, that support structure has come to an end. Financial aid from western donors ran dry in 2016. ‘Shelter was never popular among donors,’ Shevchenko said. ‘It’s hard to manage such a difficult project by your own [with] so little support from donors.’ Organisers scrambled to keep the shelter open by re-directing funds from Insight’s other projects. But that tactic proved unsustainable, leading to the shelter’s closure. This comes at time where homophobes is becoming ‘stronger and more violent’, Shevchenko described. […]

Alternatives are limited in Ukraine. A shelter opened by HIV advocacy group Alliance Global only houses men who have sex with men and trans folk, both of which the group deems most at-risk from the disease. The community centre is now the last remaining queer shelter in the country, which Alliance Global said is not enough.“ (PinkNews, 10. Oktober 2019)

·      Kyiv Post: LGBTQ shelter in Kyiv runs out of money, forced to close, 4. Oktober 2019
https://www.kyivpost.com/lifestyle/lgbtq-shelter-in-kyiv-runs-out-of-money-forced-to-close.html

„Since announcing the shelter’s closure in July, Olshanskaya said Insight has received seven applications from people seeking a bed at the shelter. Widespread homophobia across the country means more people will likely seek out shelter services. Some of them could be redirected to a new shelter opened by Alliance Global in late May. But the project currently only houses men who have sex with men and transgender people.

Alliance Global’s shelter project coordinator Andrii, who asked to be identified only by first name for project safety reasons, said the organization primarily works in the sphere of HIV prevention and with at-risk groups, which include men who have sex with men (MSM). Their funding agreement for the shelter stipulates they can only currently accept MSM and transgender people. The shelter, located in Kyiv, can house up to 15 people for one to three months — or six months in extremely tough circumstances. Residents must have suffered persecution or discrimination because of their sexual orientation or gender identity.

‘(In August) we had a young man arrive from Lviv. His parents found out about his sexual orientation and kicked him out of the house,’ Andrii said. He said the organization, which also runs a community center, decided to open the shelter because many people who were facing difficulties and had nowhere to go were turning to them for help. ‘(A couple of years ago) there was a trans woman in Chernihiv. She was bullied right on the street … and threatened, but unfortunately we couldn’t do much to help at that moment.’

Andrii said the organization can now offer those being persecuted a place to go. But he added that one shelter in Kyiv wasn’t enough. ‘I think that shelters need to exist at least in every city with (around) a million people,’ he said. ‘In Kyiv, there is a need for a shelter for LGBTQ women. Unfortunately, our program doesn’t cover this category but the need is there.’“ (Kyiv Post, 4. Oktober 2019)

·      Insight: What we do, ohne Datum
https://www.insight-ukraine.org/en/page/what-we-do

„Psychological support

At Insight, there are certified psychotherapists and specialists, who have a broad experience in working with LGBTQI-people. We provide free psychological assistance to all LGBT-people who need it.

Legal counseling

Insight provides free legal advice to LGBT-people who suffered from hate crimes or discrimination. We also assist in documents change for transgender people.

Medical counseling

Insight is working on creating a database of friendly doctors: psychiatrists, endocrinologists, gynecologists, family doctors, who tolerantly will treat you and your family.

Resource support

Insight is open to collaboration with organizations and initiative groups that share our values. We provide assistance of our coaches and activists to LGBT-friendly projects and support the organization of human rights initiatives in various regions of Ukraine.“ (Insight, ohne Datum)

LGBT-Organisationen

·      ILGA Europe: Members, ohne Datum
https://www.ilga-europe.org/who-we-are/members

„Ukraine

All Ukrainian Public Organization Gay Forum of Ukraine

All-Ukrainian Charitable organization Tochka Opory

Gay Alliance Ukraine

Gay-Alliance

Informational-educational Center ‘Women Network’

Insight public organization

Mykolayiv LGBT Association 'LIGA'

Nash Mir (Our World) Gay and Lesbian Center

NGO ‘KyivPride’

NGO Democratic Society

Public organization ‘Informational-Educational Center "For Equal Rights’

Stable Reference Group of Odessa Region

Women Association ‘Sphere’

Zaporizhia Regional Charitable Foundation“ (ILGA Europe, ohne Datum)

·      Kontaktgruppe Munich Kyiv Queer: Wer wir sind, ohne Datum
https://munichkyivqueer.org/wer-wir-sind/

„Die Kontaktgruppe versteht sich als Schnittstelle zwischen der Münchner sowie der Szene in Kyjiw und anderer ukrainischer Städte; wir initiieren, vermitteln, konzipieren, koordinieren und setzen Projekte allein oder gemeinsam mit den Gruppen und Vereinen der jeweiligen Communitys um. Wir stehen mit Rat und Tat zur Seite. […]

In Kyjiw eingebunden sind in erster Linie die Organisationen Fulcrum/Tochka Opori (Männer: Öffentlichkeitsarbeit, HIV-Prävention), Alliance.Global (Männer: Zentrum, HIV-Prävention, Beratung), Gay Alliance Ukraine (LGBT: Community Building, Mobilisierung, Öffentlichkeitsarbeit) und ihre Queer Homes, Gay Forum Ukraine (LGBT: Mobilisierung, Öffentlichkeitsarbeit/PR), Insight (Frauen/Transgender: Zentrum, Forschung, Öffentlichkeitsarbeit), Nash Mir (LGBT: Öffentlichkeitsarbeit, Forschung, Trainings, Dokumentation) und die Elterninitiative Tergo. Auch mit Liga aus Mykolajiw (LGBT: Mobilisierung, Gesundheit, Beratung, Öffentlichkeitsarbeit/PR), dem Frauennetzwerk Sphera in Charkiw und Gender Z (LGBT: Community Building, Mobilisierung, Öffentlichkeitsarbeit, HIV-Prävention) in Saporischschja arbeiten wir Münchner*innen zusammen.“ (Kontaktgruppe Munich Kyiv Queer, ohne Datum)

 

Eine Liste von ukrainischen LGBT-Organisationen finden Sie auf inzwischen allerdings nicht mehr verfügbaren Seite der Gay-Alliance Ukraine:

·      Gay-Alliance Ukraine: Ukrainian LGBT organizations, ohne Datum (verfügbar auf archive.org)
https://web.archive.org/web/20171002232052/http://upogau.org/eng/rcenter/organizations