LGBT Rights: Ukraine inches forward, Russia stays in the dark

Nov 17 2015

Ukraine’s Verkhovna Rada (Parliament) has passed a law banning discrimination in the workplace related to sexual orientation. It was the last and most controversial law to pass the Verkhovna Rada for the European Union to formally consider allowing visa-free travel from the EU to Ukraine.

Ukraine’s Verkhovna Rada (Parliament) has passed a law banning discrimination in the workplace related to sexual orientation. It was the last and most controversial law to pass the Verkhovna Rada for the European Union to formally consider allowing visa-free travel from the EU to Ukraine.

It wasn’t easy. The bill failed to pass during the first two attempts, but the sufficient support needed was eked out on the third attempt. The bill will now go to President Poroshenko’s desk for a signature.

This is an important step forward for Ukraine in its ambitions to be a part of the European Union. Most of the European Union protects at least some of the rights of their LGBT citizens.

Unfortunately, what is perceived as an important step towards equality in the countries of Western Europe is considered a sign of immorality and degeneracy in Eastern Europe. Prejudice against sexual minorities is widespread in Eastern Europe, and the Kremlin is an accomplice to this prejudice by passing laws that restrict the freedom of expression to LGBT Russians. Some small political parties have shown their opposition to these laws such as the Yabloko party, which has organized “Russia without pogroms” rallies, comparing the anti-gay laws of today to the violent pogroms against Jews under Tsar Aleksandr III.

Ukraine is not at all immune to these prejudices. Despite his support of this anti-discrimination law, the Speaker of the Verkhovna Rada thundered that same-sex marriage would not ever happen in Ukraine and President Poroshenko, who also supported the bill, also reaffirmed his commitment to “family values”. Indeed, a recent pride parade in Kiev was attacked by Right Sector nationalists and while the police stood firm against the attackers, many participants were still injured in the brawl.

Interior Ministry members stand guard as activists take part in the so-called Equality March, organized by a lesbian, gay, bisexual and transgender (LGBT) community, in Kiev, Ukraine, June 6, 2015. REUTERS/Stringer

In Russia, simply being gay is not “illegal”, but the law does very little to protect LGBT Russians. Numerous violent attacks have happened in Russia since the Kremlin implemented a new law against “gay propaganda” under the guise of “protecting families.” This law has led to an uptick in homophobic rhetoric in the Duma, hate crimes that have gone neglected, and other types of discrimination.

The resurgence of the Russian Orthodox Church since the end of communism, once seen as a positive resurrection of ancient traditions stamped out by the Soviets, has also played a role. The Kremlin has used and cooperated with the Orthodox Church  to justify its intolerant attitudes and while Russia is not a terribly religious or religiously homogenous country (many Russians are atheist, non-practicing, or even Muslim), it is still a socially conservative country where distrust of “non-traditional lifestyles” is common. Indeed, the anti-gay laws passed had widespread popular support.

Pyotr Ilych Tchaikovsky, one of Russia’s most famous and influential composers, is widely speculated to have been a gay man, but his sexuality was denied by the Soviets and continues to be denied by the Kremlin today. It’s a move that has infuriated many in the musical community.

There seems to be a fundamental misunderstanding regarding homosexuality in Russia that is evident even with Russia’s president. Right before the Sochi Winter Olympic Games, President Putin claimed that gays “were welcome” in Sochi, but asked them to stay away from children, which set off all kinds of outrage.  Immediately, pro-gay press outlets were furious. Some claimed that Putin was implying that being gay was equivalent to pedophilia, and some took it as an implication that gay people were out to poison the minds of children. Both accusations were widely dismissed as absurd and prejudiced. Unfortunately, this attitude is not isolated. The Russian curse word “pidaras”, which is roughly equivalent to the homophobic slur “faggot” in American English, carries an implication of pedophilia as well as it is a near equivalent to the word “pederast”.

LGBT people are not out to destroy the institution of the family, they want to be included in that institution from a legal perspective. Russia’s anti-gay propaganda law implies LGBT people are trying to recruit impressionable children into some kind of vague sinister organization, another similarly preposterous claim. Sexuality is not a choice as some seem to believe, it is a normal and natural, although fairly uncommon, phenomenon that occurs in animals as well as humans.

At the end of the day, it should not matter what people do in their personal lives. The rights of all Russians must be protected and upheld.

by Kyle Menyhert

Ukraine’s Verkhovna Rada (Parliament) has passed a law banning discrimination in the workplace related to sexual orientation. It was the last and most controversial law to pass the Verkhovna Rada for the European Union to formally consider allowing visa-free travel from the EU to Ukraine.

It wasn’t easy. The bill failed to pass during the first two attempts, but the sufficient support needed was eked out on the third attempt. The bill will now go to President Poroshenko’s desk for a signature.

This is an important step forward for Ukraine in its ambitions to be a part of the European Union. Most of the European Union protects at least some of the rights of their LGBT citizens.

Unfortunately, what is perceived as an important step towards equality in the countries of Western Europe is considered a sign of immorality and degeneracy in Eastern Europe. Prejudice against sexual minorities is widespread in Eastern Europe, and the Kremlin is an accomplice to this prejudice by passing laws that restrict the freedom of expression to LGBT Russians. Some small political parties have shown their opposition to these laws such as the Yabloko party, which has organized “Russia without pogroms” rallies, comparing the anti-gay laws of today to the violent pogroms against Jews under Tsar Aleksandr III.

Ukraine is not at all immune to these prejudices. Despite his support of this anti-discrimination law, the Speaker of the Verkhovna Rada thundered that same-sex marriage would not ever happen in Ukraine and President Poroshenko, who also supported the bill, also reaffirmed his commitment to “family values”. Indeed, a recent pride parade in Kiev was attacked by Right Sector nationalists and while the police stood firm against the attackers, many participants were still injured in the brawl.

Interior Ministry members stand guard as activists take part in the so-called Equality March, organized by a lesbian, gay, bisexual and transgender (LGBT) community, in Kiev, Ukraine, June 6, 2015. REUTERS/Stringer

In Russia, simply being gay is not “illegal”, but the law does very little to protect LGBT Russians. Numerous violent attacks have happened in Russia since the Kremlin implemented a new law against “gay propaganda” under the guise of “protecting families.” This law has led to an uptick in homophobic rhetoric in the Duma, hate crimes that have gone neglected, and other types of discrimination.

The resurgence of the Russian Orthodox Church since the end of communism, once seen as a positive resurrection of ancient traditions stamped out by the Soviets, has also played a role. The Kremlin has used and cooperated with the Orthodox Church  to justify its intolerant attitudes and while Russia is not a terribly religious or religiously homogenous country (many Russians are atheist, non-practicing, or even Muslim), it is still a socially conservative country where distrust of “non-traditional lifestyles” is common. Indeed, the anti-gay laws passed had widespread popular support.

Pyotr Ilych Tchaikovsky, one of Russia’s most famous and influential composers, is widely speculated to have been a gay man, but his sexuality was denied by the Soviets and continues to be denied by the Kremlin today. It’s a move that has infuriated many in the musical community.

There seems to be a fundamental misunderstanding regarding homosexuality in Russia that is evident even with Russia’s president. Right before the Sochi Winter Olympic Games, President Putin claimed that gays “were welcome” in Sochi, but asked them to stay away from children, which set off all kinds of outrage.  Immediately, pro-gay press outlets were furious. Some claimed that Putin was implying that being gay was equivalent to pedophilia, and some took it as an implication that gay people were out to poison the minds of children. Both accusations were widely dismissed as absurd and prejudiced. Unfortunately, this attitude is not isolated. The Russian curse word “pidaras”, which is roughly equivalent to the homophobic slur “faggot” in American English, carries an implication of pedophilia as well as it is a near equivalent to the word “pederast”.

LGBT people are not out to destroy the institution of the family, they want to be included in that institution from a legal perspective. Russia’s anti-gay propaganda law implies LGBT people are trying to recruit impressionable children into some kind of vague sinister organization, another similarly preposterous claim. Sexuality is not a choice as some seem to believe, it is a normal and natural, although fairly uncommon, phenomenon that occurs in animals as well as humans.

At the end of the day, it should not matter what people do in their personal lives. The rights of all Russians must be protected and upheld.

by Kyle Menyhert

Free Russia Foundation’s Press Release on Submission of Article 15 Communication to the International Criminal Court

Oct 06 2020

On 21 September 2020, the Free Russia Foundation submitted a Communication to the International Criminal Court Prosecutor’s Office (in The Hague, Netherlands) seeking accountability for Crimean and Russian authorities concerning international crimes perpetrated during Russia’s illegal occupation of Crimea. The Communication was prepared in cooperation with Global Rights Compliance and Center for Civil Liberties and is based on a focused inquiry conducted over the past year. In our inquiry, we documented crimes as part of a systematic, planned attack by the Russian state against civilians and groups in Crimea in order to discourage them from opposing the illegal occupation of Crimea and to force their departure from the peninsula. Crimes against civilians included unlawful arrests, beatings, torture, enforced disappearances, and other inhumane acts causing severe mental and/or physical pain. In particular, the crimes targeted the Crimean Tatars, a native ethnic group who had only recently returned to their homeland, having previously been forcefully and brutally displaced by the Soviet Union in 1944.

One of the principal coercive acts was the illegal detention and concomitant violence before, during, and after the imprisonment of political prisoners. Most of those detained were arrested by Russian and Crimean authorities on terrorism charges, but it was their legal, pro-Ukrainian advocacy that led to their imprisonment. In addition, trials of those arbitrarily detained were conducted in wholesale disregard of their fair trial rights. For example, some of those illegally imprisoned were denied a speedy trial, access to independent lawyers, and the opportunity to defend themselves against their arrest in a courtroom.

In order to force those illegally detained to confess to crimes they did not commit, Russian and Crimean authorities also perpetrated acts of torture and cruel or degrading treatment, the levying of additional charges against them, even more inhumane prison conditions, denial of communications with their families and threats made against them, enforced disappearances, and even, in at least one case, a mock execution.

Other inhumane acts include “punitive psychiatry” and the denial of adequate prison conditions, including the following: (i) feeding people inedible food or, at times, no food at all; (ii) facing severe overcrowding in prisons; (iii) denial of regular water supply; (iv) threats of assault against them by prison cellmates; and (v) adding pork to food – prohibited for observant Muslims. Further, medical attention was systematically inadequate or denied for many individuals.

Concerning acts of torture, it was perpetrated by different Russian authorities, including the FSB. Allegations include the use of electric shocks in an effort to get an accused to confess. One was beaten in the head, kidneys, arms and legs with an iron pipe. With another, fingers were broken. Still another endured spinal bruises and having a plastic bag placed over his head to the point of unconsciousness. Further, threats of sexual violence against a detained man were made. Murder as well. Hands were broken, teeth were knocked out in still another.

Trials were largely held behind closed doors for illegitimate reasons, and many of the witnesses were secret not only to the public but also to the Accused. Further, credible allegations exist that, at times, there were FSB or other agents in the room, silently instructing witnesses what to say and how the judges should rule. This adds credence to words, according to the Kyiv Post, heard by Arsen Dzhepparov from a senior FSB lieutenant who stated “I will prove by all possible – and impossible – means that [an Accused is] guilty – even if he isn’t guilty”.

Concerning the crime of persecution, nearly all of these deprivations of fundamental rights were carried out with discriminatory intent. Specifically, these groups were targeted due to their political view – namely, by peacefully opposing the illegal occupation of their country. Some were targeted on ethnic grounds or religious grounds on the basis of their Crimean Tatar background.

War crimes, another group of crimes punished at the ICC, were also perpetrated in addition to or in the alternative to the crimes against humanity. This includes the crime of torture, outrages against personal dignity, unlawful confinement, wilfully depriving protected persons of the rights of a fair and regular trial, and the transfer of the occupying power of parts of its population into the territory it occupies or the deportation of all or parts of the population of the occupied territory within or outside this territory.

All these crimes had the ultimate objective of the criminal enterprise – the removal of pro-Ukrainian elements out of Crimea and the annexation of Crimea into the Russian Federation without opposition, including the installation of pro-Russian elements, which include the emigration of more than 70,000 Russians, the illegal imposition of Russian law in the occupied territory, forcing Russian nationality on many Crimeans, and the appropriation of public property.

Ultimately, we hope that all the information gathered by the ICC in the context of its preliminary investigation will lead the ICC to investigate mid- to high-level Russian and Crimean officials on this basis. The international community expects responsible global leadership that follows the rule of law and expects it – no matter the situation – to be respected, especially from a state that is a permanent member of the UN Security Council. When this fails to happen, the international community must demand accountability. We hope that an investigation can be opened and responsible officials of the Russian Federation will be investigated. After an investigation that conforms to international best practices, responsible persons should be charged with the systematic perpetration of international crimes.

Novichok Use Implicates Putin’s Government in Navalny’s Poisoning

Sep 02 2020

Today, the German government has announced that Russian pro-democracy leader Alexey Navalny was poisoned by Novichok. Novichok is a deadly nerve agent developed by the Soviet government chemical weapons program and used on several occasions by the Russian government to kill its critics in the recent years.

To restate the obvious, Novichok is a poison that can only be accessed with the authority of the Kremlin. Therefore, today’s announcement by German officials  directly implicates the Kremlin and Putin in the high-profile assassination attempt on Navalny.

The choice of Novichok was not just a means  to silence Mr. Navalny, but a loud, brazen and menacing message sent by Putin to the world: dare to criticize me, and you may lose your life.

The announcement by the German government of its intent to formally notify the Organization for the Prohibition of Chemical Weapons (‘OPCW’) of the use of Novichok against Navalny is a meek bureaucratic half-measure that fails to acknowledge the extraordinary threat to human life posed by Putin’s regime everywhere. Taken together with Angela Merkel’s promise earlier this week to help Putin finish his Nord Stream 2 pipeline despite an international outcry amounts to condoning the poisoning and normalizing it into a new modus operandi where Putin’s murders go unpunished. Free Russia Foundation urges the leaders of the EU, its Member States and the U.S. Government to take an urgent and drastic action to punish the perpetrators of this heinous crime not only to serve justice, but to establish a powerful deterrent against new attacks by Putin’s regime globally.

Free Russia Foundation Statement on Kremlin’s Interference in Elections in Georgia

Aug 26 2020

We are deeply concerned with information recently distributed by the well-respected authoritative source Center “Dossier.” According to “Dossier,” the Kremlin is using Russian political expert Sergey Mikheev and consulting company “Politsecrets” to manipulate Georgian society, distribute disinformation and anti-democratic narratives, undermine Georgia’s Western aspirations, and interfere in free and fair elections in Georgia scheduled for October 2020.

More

Free Russia Foundation Calls for Investigation into Alexey Navalny’s Poisoning

Aug 20 2020

Free Russia Foundation is gravely concerned about the life and safety of Alexey Navalny. More

Civic Solidarity Platform Appeal with Regard to the Recent Events in Belarus

Aug 12 2020

INTERNATIONAL COMMUNITY SHOULD REACT IMMEDIATELY AND STRONGLY TO RIGGED PRESIDENTIAL ELECTIONS AND MASSIVE VIOLENCE OF SECURITY FORCES AGAINST PEACEFUL PROTESTORS IN BELARUS More