REPORT ON THE IMPLEMENTATION OF THE SUSTAINABLE DEVELOPMENT GOALS BY UKRAINE 2019
THE SUSTAINABLE DEVELOPMENT GOALS
Sustainable Development Goals (SDGs) are the key global sustainable development priorities and aspirations for 2030, which were unanimously adopted by the 193 UN member states, including Ukraine, at the 2015 UN Sustainable Development Summit. It is a strategy with 17 Global Goals for the peace and prosperity for all people in the world, which also contains concrete tasks and targets for the states. Ukrainian government adapted targets for the implementation of the Global Goals taking into account the specifics of national development, and in September 2017 launched the National Baseline Report Sustainable Development Goals: Ukraine, which presents a specially developed national system of 86 national tasks and 172 indicators for monitoring their implementation. Despite the fact that the main slogan of the Sustainable Development Goals is Leaving no one behind, the national targets, indicators, as well as measures for their implementation, are not LGBTQI-inclusive. The report is mainly based on the analysis of Ukrainian legislation in the context of SOGIESC (sexual orientation, gender identity and expression, sexual characteristics), as well as the answers of Ukrainian ministries to information requests regarding measures to implement Sustainable Development Goals, with a special focus on SOGIESC component.
2
THE SUSTAINABLE DEVELOPMENT GOALS
GOAL 4. ENSURE INCLUSIVE AND EQUITABLE QUALITY EDUCATION AND PROMOTE LIFE-LONG LEARNING OPPORTNUTIES FOR ALL Target 4.1. Ensure access to quality school education for all children and adolescents Target 4.4. Improve the quality of tertiary education […] Target 4.7. Create a modern learning environment in schools, including inclusive education, through innovative approaches
HOW LGBTQI PEOPLE HAVE BEEN LEFT BEHIND: According to p. 2 art. 3 of the Law of Ukraine «On Education», equal opportunities for access to education are created in Ukraine. No one can be restricted in their right to obtain education. At the same time, list of grounds regardless of which the right to education is guaranteed, DOES NOT include SOGIESC. Although the list is open (ending with «other circumstances and characteristics»), other protected grounds are explicitly mentioned in it (age, sex, race, health status, disability, nationality, ethnic origin, political, religious or other views, skin colour, place of residence, language, origin, social and material position, criminal record). Absence of effective mechanisms for preventing and combatting bullying. • most LGBT students (88,5%) encountered verbal harassment at school (slurs or threats) • 50,3% out of those, who experienced negative remarks about their gender, reported that they heard these types of remarks from teachers and other school staff • 53.5% of LGBT students had been targets of physical violence at some point during the past year • 65.8% of LGBT students who had been victimized had never reported it to school staff members because they were convinced the personnel would not interfere or their interference would not be effective1 Definition, typical characteristics and the procedure of responding to bullying cases and the responsibility of persons involved in are defined by the legislation of Ukraine only since January 19, 2019, as a result of the entry into force of the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine on Combating Bullying». Only in February 2019 Ukrainian court upheld the first decision on bullying case (yet the case is not related to bullying based on the basis of SOGIESC grounds).
1 National School Climate Survey, NGO Fulcrum UA, 2017. Available at: https://issuu.com/fulcrumua/docs/doslidzhennya
3
THE SUSTAINABLE DEVELOPMENT GOALS
Inclusive education Since 2017 р. Ukraine has launched inclusive education. However, by definition, inclusive education does not include SOGIESC component, but focuses solely on persons with disabilities (in accordance with the provisions of the Law of Ukraine «On Education»). At schools, teachers represent SOGIESC and LGBTQI topics only in negative context or these topics are never mentioned at all. Compulsory vocational training of school teachers does not include topics on SOGIESC and LGBTQI. National Action Plan for the prevention and combatting of bullying is not adopted. Schools do not have local Action Plans to prevent and combat bullying. Although the church and religious organisations in Ukraine are separated from the State, and the school – from the church (art. 35 of the Constitution of Ukraine), in reality the church and religious organizations continue to have a significant impact on the educational system. Since 2008, Ministry of Education and Science of Ukraine operates a Council for Cooperation with Churches and Religious Organizations2. According to the report LGBTQI Inclusive Education Index, developed by International Lesbian, Gay, Bisexual, Transgender, Queer & Intersex Youth and Student Organisation (IGLYO) on basis of data provided by LGBTQI organizations from participating countries, on inclusiveness of education sphere for LGBTQI, Ukraine holds the last place among countries located in Europe, together with Azerbaijan, Armenia, Latvia, Poland, Russian Federation, Turkey etc3. Case Iryna, 19 y.o. During the break at the university, somebody from the group took her personal notebook, in which drawings and love confessions for her female friend were written. Students started passing the notebook and laughing, making fun of Iryna’s feelings. The victim asked them to stop and to return the notebook to her, but students ignored her request. Then the professor came in, took the notebook, got acquainted with its contents, and said that «such abominations should have no place in the educational institution» and called for the protection of traditional values in front of all. The content of the notebook was devoted to the same-sex love, which caused aggression and irritation of the other students and the teacher. Iryna sees this is an outing. She feels stressed and is in fear that the incident can have a negative impact on her studies, the attitude of the group towards her, and that the information about it can reach her parents.
2 https://mon.gov.ua/ua/ministerstvo/pro-ministerstvo/doradchi-organi/gromadska-rada-z-pitan-spivpraci-z-cerkvami-ta-religijnimi-organizaciyami?fbclid=IwAR2Ew3Pc69L9xXxOaoeWqTwRmDB0acWisIFIt-5SMKFN7fW0F1nTaZyIcEE 3 LGBTQI Inclusive Education Index, Preview. IGLYO. Available at: https://www.iglyo.com/wp-content/uploads/2018/01/LGBTQI-Inclusive-Education-Index-Preview.pdf
4
THE SUSTAINABLE DEVELOPMENT GOALS
RECOMMENDATIONS. THE WAYS TO CREATE SAFE AND HEALTHY SCHOOL ENVIRONMENT FOR ALL STUDENTS, INCLUDING LGBTQI Making schools a safe space for young people should be a priority not only for their families but for policy-makers and educators nation-wide. Such persisting in Ukrainian schools practices towards LGBTQI students as bullying, mobbing, harassment, hate speech lead to students feeling insecure, miss school, avoid bathrooms, and their educational results and general well-being decline tremendously. While there is no fast and simple solution, some basic steps can be taken to help students from all vulnerable groups achieve their full potential fairly and safely. 1. Ensure adoption and implementation of comprehensive and effective antibullying policy in all schools. Since January 2019, Ukrainian schools are legally obliged to have such policies, however, it is essential that these policies a) include all kinds of discrimination and oppression grounds and do not result exclusive for some of the groups, such as LGBTQI children; b) are clearly explained and delivered to all staff members; c) are explained to all the parents. Parents should be well informed of what measures they can take and where they can appeal in case if their children feel discriminated, bullied or oppressed. Teachers and staff should understand legal implications that not fulfilling anti-bullying policies may have for them. 2. Education for educators. As existing research shows, often inefficient actions of teachers and school administration regarding issues LGBTQI students face are related to lack of knowledge and adequate education. It is strongly recommended to introduce trainings for school staff that would clarify the concepts of discrimination, sexual orientation, gender identity, human rights, and other relevant information. The trainings should include practical exercises and real-life cases. 3. Awareness raising among parents and students. Ukrainian population in general is poorly informed on such issues as basic human rights, discrimination, bullying, not to mention homosexuality, homophobia, and related issues. Not surprisingly very often victims of bullying or discrimination do not understand that their human rights are being violated and blame themselves for what is going on with them. To raise general awareness of the population it is necessary to have a large media campaign across the regions that would clarify these basic issues to the population. It can include posters, short videos/social ads, interviews with experts, and informative articles. 4. Education materials evaluation for heteronormative and gender-normative bias. Majority of educational materials in use in Ukraine were produced without paying attention to heteronormative bias and by themselves promote and reaffirm homophobia and discrimination of non-heterosexual groups. There is a need of an expert commission to make a comprehensive analysis and reveal the cases of at least the strongest heteronormative bias and to replace them with materials promoting diversity and inclusivity.
5
THE SUSTAINABLE DEVELOPMENT GOALS
5. Psychological consulting and support. According to existing data, vast majority of victims of bullying in Ukrainian schools did not have any responsible adult person to reach out for help. A quick solution to this is to establish and to promote nation-wide an anonymous phone hotline and online psychological support for LGBTQI students. A long-term sustainable solution is a) to include materials on psychological support of LGBTQI people into curricula of departments preparing school teachers and, especially, school psychologists and social workers; b) to introduce mandatory trainings for school psychologists and social workers that would include modules on work with LGBTQI students and their families. 6. Introduce sexual education and education on topics such as human rights, non-discrimination, inclusivity, diversity into school’s curriculum. For now, Ukrainian schools completely overlook these topics (as well as most of the universities). Presenting them to the students and engaging with them into meaningful discussions would allow to solve the problem from inside. 7. Conduct every 2-3 year a national school environment research that would allow to trace the effects of policies introduced and adjust proposed solutions to the actual context. Until today, only one such research has been done in Ukraine and this prevents policy makers from objective assessment of the reality and limits the possibilities of introducing efficient tools for bullying prevention and elimination.
6
THE SUSTAINABLE DEVELOPMENT GOALS
GOAL 8. PROMOTE SUSTAINED, INCLUSIVE AND SUSTAINABLE ECONOMIC GROWTH, FULL AND PRODUCTIVE EMPLOYMENT AND DECENT WORK FOR ALL Target 8.3. Increase employment Target 8.5. Promote a safe and secure working environment for all workers […]
HOW LGBTQI PEOPLE HAVE BEEN LEFT BEHIND: The only legal act in Ukraine that explicitly prohibits discrimination based on sexual orientation and gender identity is the Labor Code of Ukraine (ст. 21). In accordance with the Association Agreement between Ukraine and the European Union and the requirements of visa liberalization, Ukraine is required to comply with the EU Council Directive 2000/78 / EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, with a sexual orientation as a protected ground. However, these provisions are often not implemented in practice. There is also no effective mechanism for responding to discrimination on the basis of SOGIESC in the field of labor. During the period from December 1, 2018 to March 1, 2019, NGO Zhiva-Ya, which monitors human rights violations on the basis of SOGIESC and provides psychological and social support in Kherson and the Kherson region, documented 10 cases of discrimination, mobbing and stigmatization at the workplace against LB women. Case: Natalia, 40 y.o. Natalia works as a hairdresser. She noticed that some regular clients ceased to go to her, and her colleagues began to joke, scold her on the subject of LGBT. One of these days, one of the clients (who did not stop to use her services), told Natalia that there is a gossip about her sexual orientation which is being spread. The source of gossip was one of the colleagues at the workplace, who shared it with the beauty salon staff and then information reached regular clients. It was shared that Natalia is a lesbian and that she also serves clients with homosexual orientation. Natalia was not openly and did not plan to reveal her sexual orientation at workplace because of homophobia. After the incident, she wants to change her job. She feels she is being mobbed. Some of her regular clients left Natalia, and she feels a negative change in the attitude of the group towards her. Some of her regular clients left Natalia, and she feels a negative change in the attitude of colleagues towards her.
7
THE SUSTAINABLE DEVELOPMENT GOALS
RECOMMENDATIONS. INCLUSIVITY AND DIVERSITY AT THE WORK PLACE As people have to hide their sexuality or, in other words, part of their self in their everyday life, it logically leads to their unsatisfaction, they do not invest their whole selves to work, and may not be as productive and open up their full potential as they possibly could. Spending so much time and psychological energy on being under cover has obvious negative impact on individuals making them feel distracted from work, exhausted, depressed or unhappy. There are, however, multiple practices to improve the environment for LGBTQI people at the work place. 1. Ensuring that national anti-discrimination legislation is in force and being implemented. In Ukraine, in November 2015, an anti-discrimination amendment to the Labor Code was passed prohibiting discrimination on grounds of one’s sexual orientation and gender identity at the work place. Since then, however, not a single case of such discrimination by an employer was presented to Ukrainian courts. This demonstrates that there should be a better system of control and monitoring over implementation of this part of the Labor Code, ensuring that both employers and, especially, the courts were informed and prepared to deal with this kind of discrimination in the interests of discriminated employees. 2. Informational campaign raising awareness of the society on their rights at the work place, current labor legislation and protection from discrimination at the work place, in particular. The campaign should target private and public sectors employees and employers and be clear about workers’ rights and legal implication of violations of those. 3. Free legal consulting and assistance to the victims of discrimination at the work place, offering LGBTQI persons who face violation of their rights at work complex help with bringing the case to the court and proceeding with it. 4. Introduce initiatives encouraging employers to create more inclusive working environment. Those could include tolerance and diversity trainings for HR specialists and top managements, wider programs for the whole staff of the company, recognition of company’s efforts publicly at national level, etc. Maintaining national ranking of the most inclusive employers. 5. Closer control and monitoring as well as data collection on cases of human rights violation of LGBTQI persons at the work place by civil society organizations and publication of the results in an open access. Improved data collection and storage, coverage of all the regions by the research (corresponding budget should be allocated). 6. Introducing platforms or forums for dialogue between civil society organizations and public institutions to create, promote, and develop policies and strategies that will lead to more employers adopting discrimination-free hiring and HR strategies and policies, national legislation being effectively implemented, and wider society being well aware about unacceptability of discriminatory practices towards LGBTQI persons. 7. Encouraging public institutions and private companies to take part in round table, discussions, and other LGBTQI rights related events where a direct interaction and discussion of current issues faced by LGBTQI people, of best international practices and possible ways of solution of existing problems is presented.
8
THE SUSTAINABLE DEVELOPMENT GOALS
GOAL 10. REDUCE INEQUALITY WITHIN AND AMONG COUNTRIES Target 10.2. Prevent manifestations of discrimination in society Target 10.3. Ensure access to social services
HOW LGBTQI PEOPLE HAVE BEEN LEFT BEHIND: Freedom of assembly There is a positive dynamics: each year more and more people support the annual Kyiv Pride Equality March – from 70 people in 2013 to 5,000 people in 2018. In 2018, the National police ensured public order, and about 60 people who tried to prevent the March of Equality were arrested. The community has become more visible and the support has increased among the general society, but at the same time it has mobilized anti-LGBTQI and anti-gender movements. Freedom of expression • 54% of LGBT activists experienced isolated cases of cyberbullying on the Internet • 14% of LGBT activists from time to time face cyberbullying • only 20% of cyberbullying victims applied to different institutions to stop bullying • 26% of activists point out that they do not see effective means of combating cyberbullying4 Right to marry, right to adoption Same-sex couples are denied in equal access to marriage, and registered partnerships are also not recognized by Ukrainian legislation. According to the definition of a marriage in the Constitution of Ukraine (article 51) and the Family Code of Ukraine (article 24), it «shall be based on a free consent of a women and men». Persons of the same sex may not be adopters. Persons that are not married to each other may not adopt the same child (article 211 of the Family Code of Ukraine). On February 15, 2011, the Verkhovna Rada of Ukraine adopted the Law of Ukraine «On ratification of the European Convention on the Adoption of Children (Revised)», which promotes the introduction of modern legal standards in the field of adoption in order to maximally fulfil the child’s highest interests.
4 Freedom of expression online for LGBT, HIV and gender equality activists, NGO Fulcrum UA, 2018. Available at: https://issuu.com/fulcrumua/docs/freedom_eng
9
THE SUSTAINABLE DEVELOPMENT GOALS
In accordance with Part 1 of Art. 7, the Convention allows the adoption of a child by: a) two persons of different sex; i) who are married to each other or ii) who are in a registered partnership, if such union exists; b) one person. However, according to the clarification from the Ministry of Justice of Ukraine, this article gives the right (and does not oblige) States, taking into account their national legislation, to extend the effect of this Convention on same-sex relations5. The legislation of Ukraine contains a prohibition of adoption by transgender people, which is related to the requirement to get a diagnosis for the legal gender recognition6. Right of bodily integrity The legislation of Ukraine does not provide ban of medically unnecessary surgeries for intersex children. National Human Rights Strategy of Ukraine by 2020 and its Action Plan On August 25, 2015 National Human Rights Strategy by 2020 was adopted in Ukraine, which defined the main directions of human rights protection by the state. On November 23, 2015, the Cabinet of Ministers of Ukraine approved an Action Plan to implement the National Human Rights Strategy by 2020 with the concrete measures, implementers and terms of implementation. The Action plan contains a rather powerful SOGIESC component and by 2019 is considered to be the most progressive document: • drafting and submitting to the Cabinet of Ministers of Ukraine a bill on legalization of registered civil partnership in Ukraine for opposite-sex and same-sex couples taking into account property rights and non-property rights, in particular ownership and inheritance of property, maintenance of the partner in case of disability, constitutional right to not to testify against a partner (deadline : II quarter 2017) • ensuring liability and punishment for hate crimes on grounds such as sexual orientation, gender identity • development and preparation of a special educational course on intersex, its inclusion in the programs of professional development for specialists (deadline: I quarter 2016) • removal of the ban on adoption of children by transgender people (deadline: IV quarter 2016)
5 Clarification of the Ministry of Justice of Ukraine regarding changes in legislation in connection with ratification of European Convention on the Adoption of Children (Revised). Available at: http://www.minjust.gov.ua/34711 6 Order of the Ministry of health of Ukraine «On approval of the List of diseases in the presence of which a person can not be an adopter» № 479 from 20.08.2008. Available at: https://zakon.rada.gov.ua/laws/show/z1022-08
10
THE SUSTAINABLE DEVELOPMENT GOALS
As of March 2019, none of these measures have been implemented. At the end of 2018, the article on the drafting of a bill on legalization of registered civil partnerships for opposite-sex and same-sex couples in Ukraine was recognized by the executors as the impossible to be implemented due to receipt by the Ministry of Justice of Ukraine of a large number of appeals from regional, city and district city councils, public and religious organizations regarding the article’s inadmissibility7. Currently, the Action Plan to implement National Human Rights Strategy is being amended, but the draft updated has not been publicly available. There is a risk that in the final version of the updated Action Plan a number of articles related to SOGIESC can be excluded from the document. Access to social services Access to social services for LGBTQI is limited, including due to the lack of qualified specialists. The training program for psychologists in higher education institutions does not include such topics as LGBTQI and SOGIESC. The only subject for future psychologists, which covers the topic Sexual orientation is «Psychology of Sexuality» - which is optional, by the choice of educational institution. Curriculum for teachers specializing in Inclusive education (new specialization approved in framework of Ukrainian education reform in 2018) also does not include SOGIESC component.
7 Report for 2018 on the implementation of the Action plan to implement National Human Rights Strategy by 2020. Available at: http://hro.org.ua/index.php?id=1544363229
11
THE SUSTAINABLE DEVELOPMENT GOALS
RECOMMENDATIONS TO BRIDGE THE GAP AND TO CREATE A SOCIETY TOLERANT AND INCLUSIVE TOWARDS LGBTQI PEOPLE 1. Since reluctance of numerous institutions and individuals to proceed with the institutional, political and social changes is largely related to the lack of proper information and education in the society, it is of the utmost need to develop new curricula for higher and secondary education institutions that will include sexual education for teenagers, foundations of psychology and psychological work with LGBTQI people for relevant disciplines (school teachers, social workers, psychologists, all kinds of educators, etc.). 2. In accordance with the national strategy, necessary measures are to be taken to introduce equal marriage rights or rights for registration of civil unions for the same sex couples. Further steps are to be taken to ensure legal recognition for same sex couples or/and LGBTQI individuals to adopt children. 3. Additional work at the legislation and policy making level is to be done towards the control and monitoring of law enforcement and judicial institutions and organs when it comes to hate crimes. This work has to include improved data collection and evaluation, as well as its further presentation for public discussion with the representatives of the government, responsible ministries, and civil society organizations. International organizations and institutions should be involved to share their best practices as well as to exercise external independent control and monitoring over Ukrainian government fulfilling its international obligations. 4. Additional budget is to be allocated and policies developed to ensure decent level of education and preparation for health care sector specialists (doctors, nurses, etc.) to provide high quality health care services to all the groups under LGBTQI abbreviation. Foreign experts are to be involved. Apart from clinical knowledge, it is necessary to introduce tolerance and diversity trainings for the staff of health care institutions to ensure that the rights of LGBTQI people for good quality health care are not violated. 5. Awareness raising policies and informational campaigns are to be held on the national level to eliminate and prevent homo- and transphobic biases and to fight and prevent all types of hate crimes among the population. Support such campaigns when those are organized by LGBTQI and allies civil society organizations. 6. Make sure that civil society organizations working with LGBTQI issues are duly informed and involved in policy-making process as experts and consultants, create regular meetings for interactions between public officials, human rights experts, and civil society activists. Legislation making process transparency is to be increased and policy-makers accountability doubled. 7. Increase involvement of professional civil society and grassroots organizations into data collection and reporting of the situation with the rights of LGBTQI people in Ukraine to international organization, transnational cooperation and activism, experts and professionals exchange and educational programs.
12
THE SUSTAINABLE DEVELOPMENT GOALS
GOAL 16. PROMOTE PEACEFUL AND INCLUSIVE SOCIETIES FOR SUSTAINABLE DEVELOPMENT, PROVIDE ACCESS TO JUSTICE FOR ALL AND BUILD EFFECTIVE, ACCOUNTABLE AND INCLUSIVE INSTITUTIONS AT ALL LEVELS Target 16.1. Reduce the prevalence of violence Target 16.3. Increase confidence in courts and ensure equal access to justice Target 16.9. Strengthen social stability, and promote peacebuilding and community security
HOW LGBTQI PEOPLE HAVE BEEN LEFT BEHIND: Criminal legislation of Ukraine does not include the commission of an offense based on homophobia, biphobia and transphobia to the list of circumstances aggravating punishment. (p. 1 article 67 of the Criminal Code of Ukraine includes only the commission of an offense based on racial, national or religious enmity and hostility, sex). In 2018 Monitoring network of LGBT Human Rights NASH MIR Center documented 358 cases of homophobic/transphobic acts, discrimination, and other human rights violations towards LGBT in Ukraine. 34 cases are referred to the acts that took place in 2017, the remaining 324 acts took place in 2018 . In 30 cases, violations by law enforcement bodies were reported . Case: In March 2018, a Ukrainian NGO Parents’ Initiative TERGO organized a 2-day training for school and children psychologists and social workers in Poltava. The training took place at the rented private property (a hotel). In the middle of the training a group of 20+ men wearing masks entered the premises, destroyed printed materials, turned the furniture upside down and addressed participants and organizers of the training in aggressive manner. With the efforts of the hotel administration and police forces that arrived at the place, the right-wing activists were made leave. The organizers of the training submitted a written claim to the police officers demanding to investigate this case as a homophobic hate-crime. In spite of the facts that the police officers confirmed that they would proceed with the investigation, there was no progress with the case since March 2018, none of the attackers was held responsible or brought to the court. This case is just one among numerous similar incidents taking place in Ukraine lately.
13
THE SUSTAINABLE DEVELOPMENT GOALS
RECOMMENDATIONS. ADDRESSING HATE CRIMES AND PREVENTING HOMO-, BI- AND TRANSPHOBIC VIOLENCE IN UKRAINE It is clear that it is impossible to build a free democratic society in a country when a vulnerable group or groups are facing every day high risks of becoming a victim of a hate crime. The data on homo- and transphobic violence including verbal and physical abuse, physical/sexual violence, teasing, bullying, threatening behavior, online abuse, and damage to property towards LGBTQI people in Ukraine collected by civil society organizations demonstrate that until today the government proves unable or reluctant to guarantee peaceful and safe enjoyment of human rights to LGBTQI citizens. To move forward with solving this issue, the following recommendations are proposed. 1. The national legislation on hate crime has to be revised and its implementation is to be monitored and controlled closely. For better results, it is recommended to engage with the foreign experts and introduce trainings and educational activities on recognizing and preventing hate crimes in law enforcement organs. 2. The process of data collection, analysis, and publication in open access should be strengthened and improved. At the present it is fully performed by civil society organizations only. Apart from providing civil society organizations and human rights defenders with full scale state support, it is necessary that a part of public budget is designated to hate crime and hate violence monitoring and prevention activities. 3. Close work has to be done with the courts and judges of Ukraine. There is a well-founded mistrust of population and representatives of vulnerable groups in Ukraine towards law enforcement bodies’ representatives as well as towards the judges. A national policy should be developed and implemented to increase the level of awareness and education of people working in judicial and law enforcement systems with regard to human rights of LGBTQI people, hate crimes prevention and elimination, basic principles of non-discrimination and equality. 4. It is important to create and promote positive examples of cases of discrimination and hate crimes brought to the courts and solved in favor of victims. For that, free legal assistance should be available and accessible for LGBTQI people across Ukraine. Hotlines for victims of hate-crimes should be established in Ukraine. A social campaign informing population on hate crime/violence cases processed by the courts should be launched to clarify to the citizens the concept of hate crimes and to explain why idea of hate crime is incompatible with freedom and democratic values. 5. Promote educational policies for police and organize trainings on recognition of hate crime and its prevention. Within international cooperation framework to introduce staff exchange programs and send trainees to countries where there was a positive experience of eliminating hate crimes and decreasing level of homo- and transphobic violence. Include police into ongoing discussion with civil society organization and stress idea of mutual accountability and trust among the sides. 6. Launch national campaign encouraging citizens’ participation in recognizing, monitoring, and reporting discrimination and hate crime. Develop local, regional anti-violence programs and initiatives.
14
THE SUSTAINABLE DEVELOPMENT GOALS
GENERAL CONCLUSIONS Sustainable Development Goals (SDG) are of key importance since they provide a unique and powerful advocacy tool to promote and monitor the implementation of the rights of various vulnerable groups. The whole concept of sustainable development was created to capture a more holistic approach, linking the three dimensions of sustainable development: economic development, social inclusion, and environmental sustainability. The SDGs go deeply addressing the roots of each targeted problem such as, in the case of human rights violation of LGBTQI people, lack of education, low awareness, weak legislation, corrupt institutions and persisting conservative traditions and norms that endorse discrimination based on one’s sexual orientation and gender identity. Without addressing each of these root causes, however, it is impossible to reach the goals. This is one of the reasons why it is necessary not to leave anyone behind; inclusive and comprehensive participation will make sure that stakeholders give voice to the needs and interests of the people they represent, enabling better-planned and better-informed initiatives.
WE SENT REQUESTS FOR INFORMATION TO GOVERNMENT MINISTRIES OF UKRAINE AND ASKED HOW THEY CONTRIBUTE TO FULFILMENT OF THE NATIONAL DEVELOPMENT GOALS IN ORDER TO ACHIEVE THE SUSTAINABLE DEVELOPMENT GOALS BY UKRAINE, AND DO THEIR MEASURES CONTRIBUTE TO PREVENTING AND COMBATING DISCRIMINATION AGAINST LGBTQI COMMUNITY IN UKRAINE: Ministry of Health of Ukraine (Response to a request for information №23.08/12/528 from 09.01.2019) «…4) What measures are planned for 2019 by the ministry in order to facilitate the fulfilment of the national development goals in order to achieve Sustainable Development Goals by Ukraine? Proposals are submitted to the Cabinet of Ministers of Ukraine and included in the Government Priority Action Plan for 2019, which was considered and approved by the Cabinet of Ministers of Ukraine at the Government meeting on December 18, 2018. 5) Do (and to what extent) the Ministry’s activities to promote national development goals to achieve Sustainable Development Goals by Ukraine contribute to preventing and combating discrimination against LGBTQI community in Ukraine? In development of the measures of the Ministry, carried out in order to promote the tasks of national development for the achievement of Sustainable Development Goals by Ukraine, the interests of all interested parties are intended to be taken into consideration. General director of Directorate for Strategic Planning and European Integration Iryna Lytovchenko
15
THE SUSTAINABLE DEVELOPMENT GOALS
Ministry of Justice of Ukraine (Response to a request for information №936/ПІ-Т/8/4.1 from 10.01.2019) «… Within the framework of the tasks of SDGs, Ministry of Justice of Ukraine is not assigned with the targets for prevention and combatting discrimination against LGBTQI community in Ukraine. Accordingly, we inform that the Action Plan for implementation of National Human Rights Strategy for the period up to 2020 ... incudes the measure «drafting and submitting to the Cabinet of Ministers of Ukraine a bill on legalization of registered civil partnership in Ukraine for opposite-sex and same-sex couples taking into account property rights and non-property rights, in particular ownership and inheritance of property, maintenance of the partner in case of disability, constitutional right to not to testify against a partner». Responsible for the implementation of this measure are the Cabinet of Ministers of Ukraine, other According to the order of Prime Minister of Ukraine Volodymyr Groisman from December 29, 2017, No. 35377/12 / 1-15, Ministry of Justice of Ukraine, taking into account the proposals of the interested state authorities, has elaborated a draft act on amending the Action Plan for implementation of National Human Rights Strategy for the period up to 2020... In order to develop amendments to the Action Plan, Ministry of Justice held five working meetings involving representatives of more than twenty government agencies and more than thirty non-governmental organizations ... As of today, Secretariat of the Cabinet of Ministers of Ukraine is working on a draft act to amend the Action Plan ...» Deputy Minister Ivanna Smachylo interested government bodies. Ministry of Youth and Sports of Ukraine (Response to a request for information №30/T-5/19/7.3 from 10.01.2019) Ministry of Youth and Sports of Ukraine realizes the state target program “Youth of Ukraine” for 2016-2020 ... which partially facilitates the implementation of the targets of Sustainable Development Goals, namely goal 4. Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all and goal 8. Decent work and economic growth. In order to implement «Youth of Ukraine» program in 208, the following events were held: • All-Ukrainian Youth Employment Forum «Create the Color of Your Future»... • All-Ukrainian seminar «Rural tourism: new opportunities for youth entrepreneurship in the countryside» ... • All Ukrainian Forum «Career from School: Choice and Planning»... In order to carry out vocational guidance work among young people within the framework of the project «Map of professions» (CSR Development Centre, with Ministry of Youth and Sports of Ukraine and Ministry of Education and Science of Ukraine), 5 manuals on occupations in various fields were developed: «IT sphere», «Banking sphere», «Agrarian sphere», «Trade sphere» and «Legal sphere». By the paragraph 67 of the Action to implement National Human Rights Strategy for the period up to 2020 ... is planned to increase the number of children involved in sports sections, cultural events, in particular vulnerable children by 2020, which is partly consistent with Goal 4. Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all ...
16
THE SUSTAINABLE DEVELOPMENT GOALS
At the same time, should be noted that the Ministry of together with Youth Department of the Council of Europe and All-Ukrainian Youth Organization «Association of «KVN Ukraine» from November 26 to 28 hosted the Final Youth conference of the Council of Europe campaign «No Hate Speech Movement» in Ukraine. During the event, the presentation of the results and consequences of the European campaign “No Hate Speech Movement” in Ukraine was held, participants exchanged their experiences and thoughts on ways and means of increasing the effectiveness of youth participation in human rights movements. In addition, during the held panel meetings were presented conclusions, guidelines for future work and participants’ projects to counter hate speech with the participation of government agencies, civil society institutions and youth organizations, international partners and campaign activists». State secretary О.М. Nemchinov
Ministry of Information Policy of Ukraine Response to a request for information № 13-04/11-01 from 11.01.2019 «Targets of Sustainable Development Goals are taken into account in such strategic documents as the Medium-Term Plan of Priority Actions of the Government for the period until 2020, approved by the Cabinet of Ministers of Ukraine from April 3, 2017, No. 275-p, and in the Government’s Priority Action Plans, which define the tasks of the Ministry information policy of Ukraine. Thus, by Step 551 of the Government Priority Action Plan for 2018, approved by the order of the Cabinet of Ministers of Ukraine dated March 28, 2018, No. 244-p, the Ministry of Information Policy of Ukraine is assigned as an executor for the dissemination of publicly important information, including dissemination in framework of information campaigns and communication support of the Government’s reforms. In particular, to ensure the implementation of innovative measures aimed at deepening the understanding of the real equality of women and men, as well as strengthening the positive and not stereotypical conception of women in society, the Ministry of Information Policy in October-December 2018 organized and conducted informational and educational work, namely a series of regional seminars «Media without prejudice: words are important» for media representatives on anti-discrimination standards for gender mainstreaming. In addition, a guideline for journalists and media workers was prepared and printed – «Media without bias: Words are important: how Ukrainian media is becoming closer to European standards». Also, the communication strategy “In professions – all are equal” - three thematic social videos – was developed, the presentation of which is planned for 2019». Thus, the Ministry of Information Policy of Ukraine carries out the necessary measures contributing to the fulfilment of the tasks of national development in order for Ukraine to achieve Sustainable Development Goals». Acting State Secretary І. Yushchenko
17
THE SUSTAINABLE DEVELOPMENT GOALS
Ministry of Economic Development and Trade of Ukraine (Response to a request for information № 3031-05/627-09 from 08.01.2019) «…To establish a strategic framework for sustainable development of Ukraine for the period up to 2030 and to implement UN General Assembly resolution A/RES/70/1 (25.09.2015) on the outcome document “Transforming our world: The 2030 Agenda for Sustainable Development”, the Ministry of Economic Development and Trade with more than 800 specialists in areas relevant to the thematic areas of the SDGs - representatives of scientific, non-governmental organizations, experts of UN agencies in Ukraine and international organizations, completed the phase of localization of the Sustainable Development Goals to the national context, within which series of national (4) and regional (10) consultations were held, the high-level working group was created, 17 subgroups (for each of the Goal) and held 32 round tables were conducted. ... The results of the completed localization process laid the groundwork for the 2017 National Baseline Report «Sustainable Development Goals: Ukraine», approved at the meeting of the Interdepartmental Working Group for the organization of the process of implementation of Sustainable Development Goals in Ukraine. ... In 2018, for further implementation and monitoring of the state of achievement of the SDGs and to fulfil the instruction of the Cabinet of Ministers of Ukraine dated 08.08.2018 No. 22696 / 1-16, , the Interdepartmental Working Group on Coordination of the Implementation Processes and Monitoring of the CSR was established. Two meetings of the IWG SDGs were held. On 09/27/2018 the first meeting of the Interdepartmental Working Group on Coordination of Implementation Processes and Monitoring of the SDGs was held. …The Ministry of Economic Development was approved as the coordinator of the following Goals: 8 (Decent work and economic growth), 9 (Industry, Innovation and Infrastructure), 12 (Responsible Consumption and Production), 17 (Partnerships for the Goals). …According to the results of the second meeting of the IWG CSR (06.12.2018), the following decisions were taken regarding the monitoring of SDGs in Ukraine, namely: • to support the draft resolution of the Cabinet of Ministers of Ukraine on coordination of data collection for monitoring of the SDGs; • to popularize the results of the meetings of the IWS DGs and the progress of the achievement of the SDGs in Ukraine; • approve the concept of the Information Platform «Partnership for the Achievement of SDGs»; • to consider a list of revised topics of the National thematic reports, which are proposed to be covered in future reports on the achievement of SDGs by Ukraine, at the next meeting of the IWG SDGs. The launched system of monitoring and evaluation of the state of achievement of SDGs implies, based on the results of the tasks and achievement of the target values of SDGs, entrusted to the Ministry, to initiate the preparation of annual monitoring. The implementation of the national SDGs system in 2019 will continue to be implemented by the integration of tasks and targets in medium and long-term national and local strategic documents and their implementation, in particular for the Ministry of Economic Development through the implementation of the Strategic Plan for its activities. The issue of reducing inequalities within and between countries is endowed with the Global Goal 10. The National System of SDGs sets the target 10.2. Prevent manifestations of discrimination in society (responsible – Ministry of social policy of Ukraine, Ministry of Culture of Ukraine, Ministry of Information Policy of Ukraine)». Deputy Minister of Economic Development and Trade of Ukraine М.І. Titarchuk
18
THE SUSTAINABLE DEVELOPMENT GOALS
Ministry of Education and Science of Ukraine (Response to a request for information №1/11-270 from 11.01.2019) «…On December 6, 2018, the Ministry of Education and Science participated in the meeting of the Interdepartmental Working Group on Coordination of the Implementation and Monitoring of SDGs, which considered the draft concept of the Information Platform «Partnership for the Achievement of SDGs». According to the draft concept, the Ministry is defined as the executor of the four SDGs: Goal “Quality Education” – Ministry of Education and Science is the main executor, Goals «Gender equality”, Decent work and economic growth” and “Industry, innovations and infrastructure”– a co-executor. At the same time, Ministry of Education and Science continues working on preparation of proposals for the topics of the National thematic reports, which are proposed to be covered in the future monitoring reports on the achievement of SDGs by Ukraine». Deputy Minister of Education and Science of Ukraine М.V. Strikha Ministry of Regional Development, Construction, Housing of Ukraine (Response to a request for information №7/36.2/355-19 from 10.01.2019) «The documents on the basis of which the strategic planning of the activities of the Ministry of Regional Development is being done and which define a list of tasks and terms of their implementation aimed at achieving Sustainable Development Goals, are: • Medium-Term Plan of Priority Actions of the Government for the period up to 2020 • Plan of Priority Actions of the Government of Ukraine for the relevant year • Action Plan on Implementation of the Association Agreement between Ukraine, of the One Part, and the European Union, the European Atomic Energy Community and their Member States, of the Other Part, • State Strategy for Regional Development for the period up to 2020 • State Program for the Development of Cross-Border Cooperation for 2016-2020 • National Energy Efficiency Action Plan 2020. Measures undertaken by the Ministry in 2018 to facilitate implementation of the national development goals for Ukraine to achieve Sustainable Development Goals are outlined in the 2018 Government Report. The report is currently at the stage of being approved. Measures planned by the Ministry for 2019 to facilitate implementation of the national development goals for Ukraine to achieve Sustainable Development Goals are outlined in the 2019 Government Priority Action Plan, which is currently in the process of being approved». Acting State Secretary О. Chepeliuk
19
Tymur Levchuk human rights defender, executive director of NGO Fulcrum UA Yana Tovpeko PhD in Law, Project Coordinator Maryna Shevtsova Dr., PhD Visiting Scholar at the University of Florida, USA, Project Coordinator at Parents’ Initiative TERGO Anastasiia Kyrychenko chairwoman of NGO Zhiva-Ya
This publication is developed in framework of the project “Fostering the SDGs implementation in Ukraine with particular focus on SOGIESC component” implemented by NGO Fulcrum UA under the support of Swedish Federation for Lesbian, Gay, Bisexual, Transgender and Queer Rights (RFSL)
