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Crimea

Section 2. Respect for Civil Liberties, Including:

b. Freedoms of Peaceful Assembly and Association

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Human rights groups and LGBTI activists reported that most LGBTI individuals fled Crimea after the Russian occupation began. Those who remained lived in fear of abuse due to their sexual orientation or gender identity. The UN Human Rights Council’s independent expert received reports of increased violence and discrimination of the LGBTI community in Crimea, as well as the use of homophobic propaganda employed by the occupation authorities. LGBTI persons reportedly were frequently subjected to beatings in public spaces and entrapped by organized groups through social networks. The council’s report noted, “this environment created an atmosphere of fear and terror for members of the community, with related adverse impacts on their mental health and well-being.”

According to the HRMMU, NGOs working on access to health care among vulnerable groups have found it impossible to advocate for better access to healthcare for LGBTI persons due to fear of retaliation by occupation authorities.

Occupation authorities prohibited any LGBTI group from holding public events in Crimea. LGBTI individuals faced increasing restrictions on their exercise of free expression and peaceful assembly, because occupation authorities enforced a Russian law that criminalizes the so-called propaganda of nontraditional sexual relations to minors (see section 6 of the Country Reports on Human Rights for Russia).

Section 7. Worker Rights

Occupation authorities announced the labor laws of Ukraine would not be in effect after 2016 and that only the laws of the Russian Federation would apply.

Occupation authorities imposed the labor laws and regulations of the Russian Federation on Crimean workers, limited worker rights, and created barriers to the exercise of freedom of association, collective bargaining, and the ability to strike. Trade unions are formally protected under Russian law but limited in practice. As in both Ukraine and Russia, employers were often able to engage in antiunion discrimination and violate collective bargaining rights. Pro-Russian authorities threatened to nationalize property owned by Ukrainian labor unions in Crimea. Ukrainians who did not accept Russian citizenship faced job discrimination in all sectors of the economy. Only holders of Russian national identification cards were allowed to work in “government” and municipal positions. Labor activists believed that unions were threatened in Crimea to accept “government” policy without question and faced considerable restrictions on advocating for their members.

Although no official data were available, experts estimated there was growing participation in the underground economy in Crimea.

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Ukraine

Ukraine

Section 2. Respect for Civil Liberties, Including:

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

There was societal violence against LGBTI persons often perpetrated by members of violent radical groups, and authorities often did not adequately investigate these cases or hold perpetrators to account. The LGBTI rights organization Nash Mir noted that criminal proceedings for attacks against members of the LGBTI community were rarely classified under criminal provisions pertaining to hate crimes, which carried heavier penalties. For example, on April 30, a group of men robbed, beat, and sexually assaulted a 19-year-old transgender man in Zhytomyr while shouting homophobic slurs. Media outlets reported the attackers stripped the man naked, broke his nose, and threatened him with rape before robbing him. Police filed the case as a “robbery” and refused to investigate it as a possible hate crime. An investigative judge subsequently added a hate crime charge.

On February 1, four men disrupted a closed training on sexual orientation and gender identity for journalists in Vinnytsya. Three masked attackers broke into the premises, doused one of the organizers with oil and threw feathers at her, and shouted “No LGBT garbage in Vinnytsya.” The organizers had requested protection in an official letter to police prior to the event, but police did not arrive at the scene until they received a call after the attack. Police launched an investigation of the incident.

According to Nash Mir, violent radical groups consistently tried to disrupt LGBTI events with violence or threats of violence (see examples in section 2.b.).

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.

Transgender persons reported difficulties obtaining official documents reflecting their gender identity, which resulted in discrimination in health care, education, and other areas.

A UN report noted that Russia-led forces’ regular use of identify checks in the “DPR” and “LPR” and at the line of contact put transgender persons at constant risk of arbitrary arrest, detention, and connected abuses, given the lack of identity documents matching their gender identity.

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The labor code prohibits workplace discrimination on the basis of race, color, political, religious and other beliefs, sex, gender identity, sexual orientation, ethnic, social and foreign origin, age, health, disability, HIV/AIDS condition, family and property status, or linguistic or other grounds.

The government did not effectively enforce the law, and employment discrimination reportedly occurred with respect to gender, disability, nationality, race, minority status, sexual orientation or gender identity, and HIV-positive status. The agriculture, construction, mining, heavy industry, and services sectors had the most work-related discrimination. The law provides for civil, administrative, and criminal liability for discrimination in the workplace. Penalties were commensurate with those for similar violations, but they were not sufficient to deter violations, and the burden of proof in discrimination cases is still on an employee.

Under the law women were not allowed to work the same hours as men; women were prohibited from occupying jobs deemed dangerous, which men were permitted to hold; and women were prohibited from working in all of the same industries as men.

Women received lower salaries due to limited opportunities for advancement and the types of industries that employed them. According to the State Statistics Office, men earned on average 20 percent more than women. The gap was not caused by direct discrimination in the setting of wages, but by horizontal and vertical stratification of the labor market; women were more likely to work in lower-paid sectors of the economy and in lower positions. Women held fewer elected or appointed offices at the national and regional levels.

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Crimea

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The Lessons of 1989: Freedom and Our Future