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Ukraine

Protection of LGBTIQ+ people in the context of the response in Ukraine [EN/UK]

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BACKGROUND

Since 24 February 2022, millions of people have been forcibly displaced internally and acrossinternational borders as a result of the war in Ukraine, while thousands of civilians still remain in areas directly exposed to the armed hostilities.

Despite the fact that sexual diversity is not illegal in Ukraine, lesbian, gay, bisexual, transgender, intersex, queer and other diverse identities (LGBTIQ+) have suffered from stigma and discrimination. Even before the war, there had been instances of hate speech, discrimination, harassment and abuse of LGBTIQ+ people in Ukraine, on the basis of their real or perceived sexual orientation, gender identity, gender expression and/or sex characteristics (SOGIESC). In situations of forced displacement and armed conflict, individuals who are LGBTIQ+ have the same rights and basic needs as other displaced and affected persons. Nonetheless, they are often at heightened risk of exclusion, exploitation, violence and abuse, and encounter distinct protection risks because of their real or perceived SOGIESC. These challenges often add numerous barriers to accessing humanitarian assistance and services such as safe accommodation, appropriate health care, gender-based violence (GBV) prevention and response services, education and livelihoods opportunities. Due to the perception that LGBTIQ+ do not conform to prevailing sociocultural norms, they may be excluded from traditional support networks among displaced and host communities. Barriers are especially acute for transgender persons whose gender identity does not match their official identity documents.

In November 2023, during the 16th LGBTIQ+ Conference in Ukraine, representatives of LGBTIQ+ organizations and initiative groups from Ukraine called for support to recognize civil partnerships between people of the same sex; to establish grounds for protection against GBV, homophobia, and transphobia; to recognize sexual orientation and gender identity as protected grounds in the area of combatting discrimination; to guarantee the right for transpeople to use their social name; to remove transgenders from the list of mental disorders; and to include LGBTIQ+ organizations in the humanitarian response. The same message from civil society was echoed in April 2024 during the National Forum on LGBTIQ Inclusion in Humanitarian Response in Ukraine organized by Outright International in collaboration with CARE, the Danish Refugee Council (DRC), and the Swedish Federation for Lesbian, Gay, Bisexual, Transgender, Queer and Intersex Rights (RFSL).

It is therefore important that humanitarian actors and service providers understand and address such risks through tailored programs to ensure LGBTIQ+ persons in forced displacement and/or affected by the war in Ukraine are protected, and the protection risks are minimized through inclusive programs.