To ban or not to ban? Propaganda of homosexuality – Ukrainian version

On the 2nd October 2012 the Parliament of Ukraine has accepted the law “On amendments in some legislative acts (on protection of children rights for safe information space)”. It could sound quite innocent and even nice if nobody has ever tried to read these amendments. Behind the title of the law for children there is hidden surely not childish content – proposed amendments are aimed to ban the propaganda of homosexuality and are more connected with adult world, than children.

Russian case

Sounds like déjà vu, isn’t it? Indeed, six months ago we heard about exactly the same law in Russian Federation, which was in the end accepted not in the whole country, but in seven regions. Currently it is planned to accept the law on propaganda of homosexuality in Moscow and few more regions.

Ksenia Lupanova, the member of AEGEE-Moskva, says how life changed in Russian regions after accepting this law: “There is initiated court case against Madonna after her concert in Saint-Petersburg for saying that she feels sorry about suppressions of homosexuals in Russia. Still they consider whether it is needed to ban the milk pack with picture of rainbow on it. So far left only to ban the rainbow in the sky and I can start to be afraid to wear my scarf with rainbow colours…”

The lawyer and member of AEGEE-Moskva Grigory Frolov supposed that the law is under discussions in six more regions now because of lobby of Russian Orthodox church. “The only reason why there is no Federal Law is disinclination of Russian government to have problems with Western countries. However, due to absence of civil support of LGBT minority, gay-prides never passed legally in modern Russia, even in regions which don’t have restrictions”.

Ukrainian version

At the same time, the Main Expert Department of the Ukrainian Parliament has advised its own Parliament to ban this law from the very beginning as neither its title corresponds to content nor there exists a need in Ukraine to accept any amendments to this range of laws. However, the Parliament accepted the law.

“Youth should be aware of minorities which exist, this is our reality, we can talk about this, discuss, but not deny. If they want to protect children from certain information, there should be some other rules for media like forbidding broadcasting some programs during the day time” points AEGEE-Kyiv member Anna Kotovych.

“I think they started this fuss with propaganda law just to annoy people and distract us from current issues like Tymoshenko case. In the end they will not accept any laws” thinks Sergii Turchyn, AEGEE-Ivano-Frankivs’k member, who as bigger part of Ukrainian citizens considers such laws a “game of politicians”.

Let’s see what might be the consequences of such amendments for Ukrainian people if the law is approved by the President.

The law bans any actions, promoting sexual relations between people of the same sex as well as any actions of media using freedom of press to promote homosexuality. The law also extensively describes what homosexuality is. And of course it says a lot about punishment of those brave ones promoting homosexuality – it starts from huge fines and finishes with 5 years of prison, which is the same sentence as for robbery or car accident with defunct in Ukraine. However, it doesn’t explain the definition of “propaganda of homosexuality”.

What does it mean?

First of all it means that not having clear definition you may use this law as you wish.

For example, a magazine published a photo of Klitschko brothers standing half-naked near each other? It can be already considered as propaganda of homosexuality; a magazine will get fine and will be banned to work.

You buy a pack of milk with rainbow and smiling milkman on it? You may get five years of prison, as rainbow might be considered as homosexual symbol and you promote it just by keeping pack in your hand.

You take part in public action to stop starvation of hedgehogs? Somebody may do a bad joke and send there few people wearing “homosexual” kind of cloths to join the action. Since now the police will have all the rights to call this gay-pride and imprison all people taking part in action. In the best case they will get huge fine of 8500 UAH-11900 UAH, which is around 850 EUR-1190 EUR.

One may say that I am exaggerating as of course there is still a chance that the President of Ukraine will veto this law showing himself as “good policeman” who is tolerant to homosexuals, while Parliament will remain “bad policemen” accepting such laws.

Indeed, I am exaggerating, but only to show how ridiculous and violating human rights this law is and how far the politicians may go in their wish to control our every step by accepting this law.

The author of law says that it is not banning homosexuality itself in Ukraine. Indeed, it is not said in the law that people cannot be homosexual here anymore.

You are allowed to be homosexual in Ukraine if you wish. But only at home. Alone. With switched off light and closed curtains.

Written by Olga Iatsyna, AEGEE-Dnipropetrovsk