On May 28, 2019, Ukraine Helsinki Human Rights Union participated in the presentation of the manuals of the Office for Democratic Institutions and Human Rights (ODIHR) of the Organization for Security and Cooperation in Europe on response to the hate crimes (HC). During the discussion of the mentioned manuals, UHHRU Project Coordinator on the issues of LGBTI representatives’ human rights protection Maxim Petrov presented new UHHRU elaborations regarding the analysis of the hate crimes in Ukraine.
The representatives of the state authorities (National Police of Ukraine, General Prosecutor’s Office of Ukraine), public sector (Social Action Center, LGBTI Human Rights Protection Center “Our World”, Kharkiv Human Rights Protection Group, Association of UHRM, Coalition of Roma Non-Governmental Organizations of Ukraine, UHHRU) and international organizations (Freedom House, Renaissance Foundation, OSCE Special Monitoring Mission in Ukraine, ODHIR) were present at the event.
Maksim Petrov, UHHRU Project Coordinator on the issues of LGBTI representatives’ human rights protection mentioned high quality of the conducted work – ODHIR’s recommendations were clearly presented, covered the whole range of issues related to interpretation and investigation of the hate crime. They can be used both by law enforcement bodies and by civil society organizations.
For quick implementation of ODHIR’s recommendations it is necessary to join efforts of all stakeholders, develop the action plan for their implementation and start its implementation in the nearest future.
Speaking about the opportunities of the practical implementation of ODHIR’s recommendations, Maxim Petrov stressed that UHHRU in May 2019 also developed methodological recommendations in the sphere of human rights protection.
In its elaborations regarding counteraction HC based on sexual orientation or gender identity (SOGI), UHHRU suggests the improvement of existing methodology of investigation of the crimes in this category (taking into account international standards, in particular ODHIR’s recommendations for Ukraine), and development of job instructions taking into account international standards, in particular ODHIR’s recommendations for Ukraine and stating hate indicators for proper classification, which shall provide detailed explanations of all duties of investigator according to the Article 214 of CPCU.
In its expert elaboration, UHHRU, among other issues, analyzes the actions of the law enforcement bodies in the situations with hate crimes on the basis of SOGI in cases of attacks on LGBTI activists and recommends to the Ministry of Internal Affairs of Ukraine and the National Police of Ukraine the following:
- To amend current regulatory acts;
- To apply measures in the sphere of communications and police officers’ awareness raising;
- To apply measures for improvement of transparency and monitoring of the law enforcement staff activities.
These recommendations relate to the patrol police, investigation and operations groups, investigators and representatives of other departments of law enforcement bodies.
Other part of these elaborations mentioned the algorithm of law enforcers actions during public events with LGBTI participation.
Maxim Pertov also mentioned that conducted survey urged UHHRU experts to develop methodologies of internal and public monitoring of law enforcers’ activities regarding human rights compliance for LGBTI, which would be shortly tested in the regional context.
Ukrainian Helsinki Human Rights Union implements the project “Fighting radicalism and populism, protecting the rights of LGBTI community, organizations and initiative groups working with LGBTI rights protection and counteracting discrimination through educational and advocacy measures” with the support of Democracy Fund of US Embassy in Ukraine.