Saturday

24th Feb 2018

Opinion

EU and Ukraine: too busy to protect gay rights?

  • The EU’s soft position is making it harder for pro-rights groups to lobby (Photo: compscigrad)

The new Ukrainian government has just made a u-turn on protecting gay rights and the European Commission is playing along.

The Ukrainian cabinet recently submitted a package of bills needed to implement the first phase of the EU visa-free travel procedure. A bill prohibiting discrimination on grounds of sexual orientation in the workplace was not among them. For its part, the EU agreed that it is "not the right time".

Thank you for reading EUobserver!

Subscribe now for a 30 day free trial.

  1. €150 per year
  2. or €15 per month
  3. Cancel anytime

EUobserver is an independent, not-for-profit news organization that publishes daily news reports, analysis, and investigations from Brussels and the EU member states. We are an indispensable news source for anyone who wants to know what is going on in the EU.

We are mainly funded by advertising and subscription revenues. As advertising revenues are falling fast, we depend on subscription revenues to support our journalism.

For group, corporate or student subscriptions, please contact us. See also our full Terms of Use.

If you already have an account click here to login.

It is true the Ukrainian government has its hands full.

There is no money in the treasury, parliament is volatile, state workers are demoralised, and, above all there is a threat of war with Russia.

In these conditions, Prime Minister Arseniy Yatsenyuk has prioritised EU visas, the EU free trade agreement and protecting the Ukrainian mainland from Russia.

On 26 March, delegations from the European Commission and the European Parliament landed in Kiev to talk to the new political elite.

We do not know everything that was discussed. But EU officials later told Ukrainian LGBT (lesbian, gay, bisexual and trans) groups the bill on rights in the workplace is no longer needed to move from phase I to phase II on the visa-free procedure.

Instead, the government promised the EU a handful of things by way of compensation: clarifying that the Ukrainian constitution forbids any discrimination and boosting the power of the Ombudsman.

It also submitted bill 4581 – the "Draft Law on Amendments to Certain Legislative Acts of Ukraine (concerning prevention and combating discrimination)" – to parliament on 27 March. This fiddles around with technical issues, like burden of proof, but does nothing to alter the Labour Code.

These developments have prompted debate.

The LGBT group Fulcrum published an official statement – "Bill of Rights" – which says: "Human rights can not be a matter of political bargaining. Discrimination based on sexual orientation and gender identity should be banned without any negotiations."

Its views have broad support in Ukrainian civil society.

Europe also spoke out. The director of Ilga-Europe, a Brussels-based gay rights NGO, Evelyne Paradis, said the postponement of LGBT reforms in Ukraine "creates the impression that lesbian, gay, and bisexual people are less important than others" and that "the EU runs the risks of undermining its key human rights principles".

The EU's soft position is making it harder for pro-rights groups to lobby.

The party of former PM Yulia Tymoshenko (which has a parliamentary majority) has already indicated it will not back a ban on discrimination in the workplace in case its rivals use this against them in the May presidential elections.

There is plenty of homophobia in Ukrainian society, and what we are seeing here is a new lease of life for an old problem.

Our leaders do not see gay rights in terms of alignment with international norms. They see it as a tool of political manipulation.

The former PM Mykola Azarov used to do it – he claimed the EU association agreement will force Ukraine to legalise gay marriage (not true). Russia is doing it – its propaganda juxtaposes liberal EU values versus orthodox Russian ones. Now, our new leaders are doing it too.

The consequences of the EU's actions in this area are deeper than they appear at first glance.

Homophobic politicians or other purveyors of hate speech can now claim the EU is happy to integrate with Ukraine as it is, discrimination and all.

What we need for this crucial bill to go through is for our leaders to say clearly and openly that in a normal country in the 21st century it cannot be legal to refuse someone a job because they are gay.

We must show that the post-Maidan Ukraine is different.

But instead of an open dialogue, we got a backroom deal in which the EU commission dropped gay rights for the sake of moving more quickly to phase II of visa-free travel.

In this context, we should ask ourselves, what is the price of human rights?

People who were hardened on the Maidan know the answer. The LGBT community in Ukraine knows it as well: They are priceless and non-negotiable. But how do we teach this to the EU?

The writer is the director of the Kiev-based pro-LGBT rights NGO, the All-Ukrainian Charitable Organisation

Greek government's steady steps to exit bailout programme

Growth predictions are positive, exports increasing, unemployment dropping and credit-ratings up, says the head of Greece's Syriza delegation to the European Parliament. Now the government in Athens is looking to design its own reform programme.

News in Brief

  1. EU calls for immediate ceasefire in Syria
  2. UK's post-Brexit vision is 'pure illusion', Tusk says
  3. EU leaders express solidarity with Cyprus in Turkey drill row
  4. EU to double funding for Sahel forces
  5. EU parliament president: 'The immigration problem is Africa'
  6. May to unveil EU departure strategy next week
  7. Pregnant workers may be dismissed, EU court rules
  8. Romanian minister demands anti-corruption prosecutor fired

Stakeholders' Highlights

  1. ILGA EuropeAnkara Ban on LGBTI Events Continues as Turkish Courts Reject NGO Appeals
  2. Aid & Trade LondonJoin Thousands of Stakeholders of the Global Aid Industry at Aid & Trade London
  3. Macedonian Human Rights Movement Int.European Free Alliance Joins MHRMI to End the Anti-Macedonian Name Negotiations
  4. Mission of China to the EUChina-EU Tourism Year to Promote Business and Mutual Ties
  5. European Jewish CongressAt “An End to Antisemitism!” Conference, Dr. Kantor Calls for Ambitious Solutions
  6. UNESDAA Year Ago UNESDA Members Pledged to Reduce Added Sugars in Soft Drinks by 10%
  7. International Partnership for Human RightsUzbekistan: Investigate Torture of Journalist
  8. CESICESI@Noon on ‘Digitalisation & Future of Work: Social Protection For All?’ - March 7
  9. UNICEFExecutive Director's Committment to Tackling Sexual Exploitation and Abuse of Children
  10. Nordic Council of MinistersState of the Nordic Region 2018: Facts, Figures and Rankings of the 74 Regions
  11. Mission of China to the EUDigital Economy Shaping China's Future, Over 30% of GDP
  12. Macedonian Human Rights Movement Int.Suing the Governments of Macedonia and Greece for Changing Macedonia's Name

Latest News

  1. EU agrees budget to focus on defence, security and migration
  2. EU leaders nix transnational lists, cool on 'Spitzenkandidat'
  3. Regions chief: calls for smaller EU budget are 'impossible'
  4. Election fever picks up This WEEK
  5. EU-Morocco fishing deal casts doubt on EU future foreign policy
  6. EU leaders put 'Spitzenkandidat' on summit menu
  7. European far-right political party risks collapse
  8. The key budget issues on EU leaders' table

Stakeholders' Highlights

  1. Swedish EnterprisesHarnessing Globalization- at What Cost? Keynote Speaker Commissioner Malmström
  2. European Friends of ArmeniaSave The Date 28/02: “Nagorno-Karabakh & the EU: 1988-2018”
  3. European Heart NetworkSmart CAP is Triple Win for Economy, Environment and Health
  4. European Free AlllianceEFA Joined the Protest in Aiacciu to Solicit a Dialogue After the Elections
  5. EPSUDrinking Water Directive Step Forward but Human Right to Water Not Recognized
  6. European Gaming & Betting AssociationGambling Operators File Data Protection Complaint Against Payment Block in Norway
  7. European Jewish CongressEJC Expresses Deep Concern Over Proposed Holocaust Law in Poland
  8. CECEConstruction Industry Gets Together to Discuss the Digital Revolution @ the EU Industry Days
  9. Mission of China to the EUChina-EU Relations in the New Era
  10. European Free AlllianceEnd Discrimination of European Minorities - Sign the Minority Safepack Initiative
  11. Centre Maurits Coppieters“Diversity Shouldn’t Be Only a Slogan” Lorant Vincze (Fuen) Warns European Commission
  12. Dialogue PlatformWhat Can Christians Learn from a Global Islamic Movement?