By Greg Hall
Impunity Watch Reporter, Europe

KIEV, UKRAINE – A bill being introduced in Ukraine’s Parliament could unlawfully censor information about homosexuality.  The proposed bill, ‘On introduction of Changes to Certain Legislative Acts of Ukraine,’ would establish liability for propagandizing homosexuals. Those opposed to the proposed bill argue that it is a form of censorship and is discriminatory.

Homosexuality was decriminalized in Ukraine in 1991 but homophobia sentiment is still very strong.  There has been a rapid growth of homophobia fueled by religions and politicians.  Activists point out that homosexuals do not want extra rights or privileges but simply insist that they be treated like everyone else.

Proponents for the bill argue that sexual conduct has long fallen under the sphere of public regulation because of its relation with family and health.  Yevgen Tsarkvo, a member of Ukrainian Parliament who helped author the bill, said that one can open a magazine and see homosexual propaganda filled with same-sex love and interviews of from the gay community.

The proposed bill itself states in part, “[t]he spread of homosexuality is a threat to national security, as it leads to the epidemic of AIDS/HIV and destroys the institution of the family and can cause a demographic crisis.  To address these demographic challenges, it is necessary to create conditions to direct public policy to improve nation’s morals, including introduction of effective mechanisms for strengthening family values and preventing the spread of manifestations of moral depravity in the media.”

The proposed bill seeks to achieve this objective through amendments of five laws addressing protection of public morals, regulation of the media/publishing, and the criminal code. In each case this is done through simply adding either “the promotion of homosexuality” or “the production/distribution of products which promote homosexuality” to the list of prohibited activities in the legislation.

Ukraine has been a member of the European Convention for the Protection of Human Rights and Fundamental Freedoms since 1997.  This Convention protects against discrimination and protects freedom of expression.  Arguably, this bill violates the Convention’s principles.  Several months ago, the Convention unanimously adopted a set of recommendations to combat discrimination on the grounds of sexual orientation and gender identity.

Borris Dittrich, advocacy directory for the LGBT rights program said, “If the Ukrainian parliament were to adopt this discriminatory and stigmatizing legislation, Ukraine would alienate itself from the other member states of the Council of Europe.  Lawmakers should realize that the best way to protect Ukrainians is to respect their rights and not to censor them.”

For more information, please see:

Human Rights Watch – Ukraine: Reject Homophobic Law – 16 October 2011

Ukraine Watch – National Peculiarities of Homophobia in Ukraine – 23 August 2011

ILGA Europe – Ukraine Introducing New Homophobic Law – 26 July 2011