OPEN LETTER about the Adoption a Ban of Homosexuality Promotion

14/06/2012
Submitted by LiGA, Tochka Opory, Helios

On July 3-6, 2012, The Verkhovna Rada of Ukraine has scheduled a reading of the bill “On Amending Some Legislative Acts (On Children’s Right to Safe Information Space Protection)” – informally – on banning homosexuality promotion # 8711. Another similar bill, suggesting both administrative and criminal liability for so called “homosexual propaganda”, # 10290, is also pending.

The bill # 8711 was initiated on June 20, 2011, by the deputies of Verkhovna Rada of Ukraine – TSARKOV, Ievgen (Communist Party of Ukraine), HRYHOROVYCH, Liliia and LUKIANOVA, Kateryna (Nasha Ukrayina – Narodna Samooborona), UNHURIAN, Pavlo (Yuliia Tymoshenko’s block), KOVALEVSKA, Iuliia (Party of Regions), CHORNOVIL, Taras (unaffiliated). It was also supported by the Freedom of Speech and Information Committee of Verkhovna Rada of Ukraine on June, 6.

Bill # 10290 was proposed by KOLESNICHENKO Vadym on March 30, 2012.

Bill # 8711 proposes:

1. To ban any production or publication of products promoting homosexuality;

2. To ban the use of media, TV or radio broadcasting for homosexuality promotion;

3. To ban printing or distribution publications promoting pornography, cult of violence and cruelty or homosexuality;

4. To ban import, production or distribution of creative writings, cinematography or video materials promoting homosexuality.

Bill # 10290 determines the forms of homosexuality promotion as follows:

1. holding meetings, parades, actions, pickets, demonstrations and other mass gatherings, which are directed to and/or are expressed in intentional dissemination of any positive information about homosexuality, which may negatively influence physical and mental health, moral and spiritual growth of children;

2. holding educational lessons, thematic conversations, interactive games, optional classes, other educational events on homosexuality;

3. messages, articles or appeals spreading in any form the call for homosexual lifestyle in mass media, which may negatively influence physical and mental health, moral and spiritual growth of children;

4. spreading information in any form about homosexuality or of the call for homosexual lifestyle in institution of general education, which may negatively influence physical and mental health, moral and spiritual growth of children.

If adopted, the laws will introduce steep fines (up to 100 net minimum incomes or 300 net minimum incomes) or imprisonment up to five years for “homosexual propaganda”.

LGBT organizations of Ukraine repeatedly turned to the Ukrainian authorities as for the provisions and secure the rights of gays, lesbians and transgender people in Ukraine in accordance with the Recommendation CM/Rec(2010)5 of the Committee of Ministers to member states on measures to combat discrimination on grounds of sexual orientation or gender identity (adopted by the Committee on March 31, 2010) signed and ratified by Ukraine. However, the Ukrainian government did not consider our appeal and have made no changes in the proposed bills.

On our opinion, the denial of access to truthful information about homosexuality is a severe violation of human right for access to information, and access to social services. This is a human rights violation and direct discrimination based on sexual orientation and gender identity and expression, which is banned by the Recommendation CM/Rec(2010)5.

Considering the abovementioned and to guarantee the rights of LGBT people in Ukraine, we urge European institutions and organizations to openly demonstrate your support and commitment and to take measures to protest the bills adoption. We propose to hold “Stop Homophobia in Ukraine” action in front of the buildings of Embassies of Ukraine in your states on July 2 or 3.

Ukraine

Tuesday, June 12, 2012

Alyokhin Oleg, the Board Chairman, Mykolayiv Association for Gays, Lesbians and Bisexuals ‘LiGA’

Zoryan KIS, Chairman of the Board and Executive Director, All-Ukrainian Charitable Organization ‘Tochka Opory’

Volodymyr Pishchik, Fund President, Charitable Organization ‘Crimean Republic Fund ‘Helios’

On July 3-6, 2012, The Verkhovna Rada of Ukraine has scheduled a reading of the bill “On Amending Some Legislative Acts (On Children’s Right to Safe Information Space Protection)” – informally – on banning homosexuality promotion # 8711. Another similar bill, suggesting both administrative and criminal liability for so called “homosexual propaganda”, # 10290, is also pending.

The bill # 8711 was initiated on June 20, 2011, by the deputies of Verkhovna Rada of Ukraine – TSARKOV, Ievgen (Communist Party of Ukraine), HRYHOROVYCH, Liliia and LUKIANOVA, Kateryna (Nasha Ukrayina – Narodna Samooborona), UNHURIAN, Pavlo (Yuliia Tymoshenko’s block), KOVALEVSKA, Iuliia (Party of Regions), CHORNOVIL, Taras (unaffiliated). It was also supported by the Freedom of Speech and Information Committee of Verkhovna Rada of Ukraine on June, 6.

Bill # 10290 was proposed by KOLESNICHENKO Vadym on March 30, 2012.

Bill # 8711 proposes:

1. To ban any production or publication of products promoting homosexuality;

2. To ban the use of media, TV or radio broadcasting for homosexuality promotion;

3. To ban printing or distribution publications promoting pornography, cult of violence and cruelty or homosexuality;

4. To ban import, production or distribution of creative writings, cinematography or video materials promoting homosexuality.

Bill # 10290 determines the forms of homosexuality promotion as follows:

1. holding meetings, parades, actions, pickets, demonstrations and other mass gatherings, which are directed to and/or are expressed in intentional dissemination of any positive information about homosexuality, which may negatively influence physical and mental health, moral and spiritual growth of children;

2. holding educational lessons, thematic conversations, interactive games, optional classes, other educational events on homosexuality;

3. messages, articles or appeals spreading in any form the call for homosexual lifestyle in mass media, which may negatively influence physical and mental health, moral and spiritual growth of children;

4. spreading information in any form about homosexuality or of the call for homosexual lifestyle in institution of general education, which may negatively influence physical and mental health, moral and spiritual growth of children.

If adopted, the laws will introduce steep fines (up to 100 net minimum incomes or 300 net minimum incomes) or imprisonment up to five years for “homosexual propaganda”.

LGBT organizations of Ukraine repeatedly turned to the Ukrainian authorities as for the provisions and secure the rights of gays, lesbians and transgender people in Ukraine in accordance with the Recommendation CM/Rec(2010)5 of the Committee of Ministers to member states on measures to combat discrimination on grounds of sexual orientation or gender identity (adopted by the Committee on March 31, 2010) signed and ratified by Ukraine. However, the Ukrainian government did not consider our appeal and have made no changes in the proposed bills.

On our opinion, the denial of access to truthful information about homosexuality is a severe violation of human right for access to information, and access to social services. This is a human rights violation and direct discrimination based on sexual orientation and gender identity and expression, which is banned by the Recommendation CM/Rec(2010)5.

Considering the abovementioned and to guarantee the rights of LGBT people in Ukraine, we urge European institutions and organizations to openly demonstrate your support and commitment and to take measures to protest the bills adoption. We propose to hold “Stop Homophobia in Ukraine” action in front of the buildings of Embassies of Ukraine in your states on July 2 or 3.

Ukraine

Tuesday, June 12, 2012

  • Alyokhin Oleg, the Board Chairman, Mykolayiv Association for Gays, Lesbians and Bisexuals ‘LiGA’
  • Zoryan KIS, Chairman of the Board and Executive Director, All-Ukrainian Charitable Organization ‘Tochka Opory’
  • Volodymyr Pishchik, Fund President, Charitable Organization ‘Crimean Republic Fund ‘Helios’

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