MPs want to ban "propaganda of homosexuality"

Information about and a translation of the  highly controversial draft law banning “propaganda of homosexuality”

Statute: bill presented to the Parliament in 2011 (Draft law No. 871[1]). An additional and similar bill was submitted to Parliament in February 2012 (Draft law No. 10290[2]). The first reading on the first bill was scheduled for 3-6 July 2012, after the relevant Committee supported it on 16 May. The second bill got the support of the parliamentary Committee on freedom of speech on 6 June

Nature of criminalized actions: propaganda of homosexuality. The second bill defines it more precisely: promotion aimed at children, including holding meetings, parades, actions, demonstrations and mass events aiming at intentional distribution of any positive information about homosexuality; educational lessons, thematic discussions, interactive games and other events connected to homosexuality; and distribution in media of messages about homosexuality and appeals in any form about homosexual way of life, which may adversely influence children. The same bill also adds that “popularization of any ideas of tolerance towards people with homosexual orientation, also holding meetings, demonstrations, other events for rights of LGBT” may NOT be considered as homosexuality promotion (and hence may not be banned).

Proposed sanctions: steep fines (up to 100 net minimum incomes or 300 net minimum incomes) or imprisonment up to five years

Other context elements: law supported by State Committee for Television and Radio Broadcasting. Generally speaking, the number of attacks against LGBTI activists has severely increased around the May LGBTI festivals and cultural events. Reports have been submitted by NGOs such as Insight.

The bill # 8711 was initiated on June 20, 2011, by MPs Yevhen Tsarkov (Communist Party); Lilia Hryhorovych and Kateryna Lukanova (Our Ukraine – People’s Self-Defence);  Pavlo Unhurian (BYUT); Yulia Kovalevska (Party of the Regions); Taras Chornovil (unaffiliated). It was also supported by the Verkhovna Rada Committee on Freedom of Speech and Information) on 6 June.

Bill # 10290 was proposed by KOLESNICHENKO Vadym on March 30, 2012.

Bill # 8711 proposes:

To ban any production or publication of products promoting homosexuality;

To ban the use of media, TV or radio broadcasting for homosexuality promotion;

To ban printing or distribution publications promoting pornography, cult of violence and cruelty or homosexuality;

To ban import, production or distribution of creative writings, cinematography or video materials promoting homosexuality.

Bill # 10290 defines the forms of homosexuality promotion as follows:

holding meetings, parades, actions, pickets, demonstrations and other mass gatherings, which are directed to and/or are expressed in intentional dissemination of any positive information about homosexuality, which may negatively influence physical and mental health, moral and spiritual growth of children;

holding educational lessons, thematic conversations, interactive games, optional classes, other educational events on homosexuality;

messages, articles or appeals spreading in any form the call for homosexual lifestyle in mass media, which may adversely affect the physical and mental health, moral and spiritual growth of children;

spreading information in any form about homosexuality or of the call for homosexual lifestyle in institution of general education, which may negatively influence physical and mental health, moral and spiritual growth of children.

Justification for the adoption of the bills: The explanatory note, accompanying bill 8711 says:

“The spread of homosexuality is a threat to national security as it leads to an epidemic of HIV/AIDS and also destroys the institution of the family and can lead to a demographic crisis”.

One quotation:

MP Yevhen Tsarkov (Communist party): “You can read glossy magazines, it is typical propaganda of homosexuality - articles about same-sex love, interview with Elton John or Boris Moiseev (a Russian pop singer). We collected 80 thousand signatures of citizens, who are for such prohibition, and I’m sure, that Parliament will support us”. He said that he rejects homosexuality not as a sexual, but as social phenomena. “Such people were fairly imprisoned in the Soviet Union! We are going to the European Union, but they promote same-sex marriages. In Berlin, for example, on the initiative of city department of education school children get explanations about such phenomena, are shown manuals. This is Sodom and Gomorra!”

Ukrainian LGBT organizations have repeatedly called on the Ukrainian authorities to protect, respect and fulfill human rights for gays, lesbians and transgender people in Ukraine in accordance with the Recommendation CM/Rec(2010)5 of the Committee of Ministers [of the Council of Europe] to member states on measures to combat discrimination on grounds of sexual orientation or gender identity (adopted by the Committee on March 31, 2010) signed and ratified by Ukraine. However, the Ukrainian government did not consider our appeal and have made no changes in the proposed bills.

Draft bill  tabled by MP Vadim Kolesnichenko

"On the Prohibition of propaganda of homosexuality aimed at children"

This law aims to protect children from the factors that negatively affect their physical, intellectual, mental, spiritual and moral development.

The general concept

Homosexuality is a form of sexual orientation, for which a person prefers members of the same sex as the object of sexual relations - namely, men to men (sodomy), and women to women (lesbianism, );

propaganda of homosexuality is an activity that aims and/or manifests itself in the deliberate dissemination of any positive information about homosexuality, which may impair the physical and mental health of the child, his moral and spiritual development, including forming a misconception that the traditional and non-traditional marital relationships are socially equal, and in the future can affect the choice of social orientation;

child - a person under 18 years (underage), if according to applicable law the child does not become an adult earlier.

Article 2. The objective of the law

The main objectives of this law are to:

·        ensure the rights of children;

·        protect the Institute of Childhood;

·        protect children from promotion of non-traditional sexual relationships;

·        create appropriate conditions for the healthy moral, spiritual and psychological development of children;

·        form in the younger generation of the idea of the family as a bond between a man and a woman;

·        overcome the demographic crisis.

Article 3. Inviolability of the constitutional rights to free speech and peaceful assembly

A. This law is not intended to limit or narrow rights of the individuals of non-traditional sexual orientation, but is rather concentrated on protecting children from propagation of non-traditional sexual relationships.

2. Nothing in this Act can be interpreted as limiting the constitutional rights and freedoms and civil rights, freedom of thought and speech, free expression of views and beliefs, association in political parties and organization of peaceful assembly and public events.

Article 4. Forms of propaganda of homosexuality

A. Promotion of homosexuality aimed at children, can occur in the following forms:

·        holding rallies, parades, actions, pickets, demonstrations and other mass gatherings aimed at and/or reflected in the deliberate dissemination of any positive information about homosexuality, which could adversely affect the physical and mental health, moral and spiritual development of children;

·        training lessons, thematic discussions, interactive games, educational hours, other activities of educational nature on homosexuality or communicating to the children any informational messages about homosexuality, both individually or as part of educational activities;

·        dissemination in the media of reports, articles about homosexuality and calls in any form to a homosexual lifestyle, which may adversely affect the physical and mental health, moral and spiritual development of children;

·        dissemination in secondary schools of information in any form on homosexuality and calls to sexual (sic! – ZK) lifestyle that may affect physical and mental health, moral and spiritual development of children.

·        It is not propaganda of homosexuality to promote ideas of tolerance towards people of non-traditional sexual orientation, as well as holding meetings, demonstrations and other events for the rights of people of non-traditional sexual orientation.

Article 5. Types of promotion of homosexuality

A. Promoting homosexuality aimed at children can be public and non-public.

2. Public promotion of homosexuality - is an open activity that aims and / or is reflected in the deliberate dissemination of any positive information about homosexuality and public demonstrations of a homosexual lifestyle and homosexual behavior, which may impair the physical and mental health, moral and spiritual development of a wide range of minors.

3. Non-public promotion of homosexuality - is hidden (secret) activity that is intended and / or reflected in the deliberate dissemination of any positive information about homosexuality, which may impair physical and mental health, moral and spiritual development of children.

Article 6. Prohibition of propaganda of homosexuality, which could adversely affect the physical and mental health of children

In Ukraine promotion of homosexuality aimed at children that may adversely affect their physical and mental health, affect their moral and spiritual development in all spheres of public life, including education, culture, television, radio and media, is prohibited.

Article 7. Prohibition of propaganda of homosexuality in education

At all levels of education, promotion of homosexuality aimed at children, including through the use and/or distribution of informative or educational literature, display video or audio-films (sic! – ZK), training lessons, interactive games and other events is prohibited.

Article 8. Prohibition of propaganda of homosexuality in the media

In the media, promotion of homosexuality aimed at children by promoting in speeches, programs, articles homosexual relationships and homosexual lifestyle is prohibited.

Article 9. Responsibility for the promotion of homosexuality among minors

Promotion of homosexuality, aimed at children by individuals and legal entities, which could adversely affect the physical and mental health of children entails administrative and criminal liability as set out in Ukraine’s legislation.

MISCELLANEOUS

1   This Act shall take effect after its publication.

2.  The Verkhovna Rada of Ukraine is to amend the legislative acts of Ukraine:

1) of the Code of Ukraine on Administrative Offences (Supreme Soviet of the Ukrainian SSR, 1984, Supplement to number 51, p. 1122) add a new article 173-3 as follows:

"Article 180-1. Promotion of homosexuality, which could adversely affect the physical and mental health of children

Aimed at children, promotion of homosexuality, which could adversely affect the physical and mental health of children, their moral and spiritual development -

results in a fine on citizens of up to one hundred non-taxable incomes and a fine for legal entities from a hundred to five hundred times the minimum wage before tax.

Aimed at children, public promotion of homosexuality, which could adversely affect the physical and mental health of children, their moral and spiritual development, which is expressed in a public demonstration of homosexual lifestyle and homosexual behavior -

results in a fine from five hundred to seven hundred times the minimum wage before tax

the Criminal Code of Ukraine (Supreme Council of Ukraine (VVR), 2001, N 25-26, 131) add new article 150-2 as follows:

"Article 150-2. Promotion of homosexuality, which could adversely affect the physical and mental health of children

1.    Repeated within a year deliberate action aimed at children, promoting homosexuality, that may adversely affect the physical and mental health of children, their moral and spiritual development -

entails a custody of up to three years or imprisonment for three to five years".

3) the Law of Ukraine "On Protection of Childhood" add a new article 32-1 as follows:

"the State via the competent authorities shall take the necessary measures to protect children from promotion of homosexuality".

Parliament Speaker

Ukraine

V. Lytvyn