Ukraine is to be transferred asap to the second phase of VLAP, ILGA-Europe concerned about “the undermining of the EU principles”
In the nearest future the European Commission is planning to start consultations with the EU Member States on transferring Ukraine to the second phase of the Action Plan on Visa Liberalisation (VLAP). It was announced in Brussels by Stefan Fule, the Commissioner for Enlargement and European Neighbourhood Policy, reports EU-plus.
"We hope that very soon we will start consultations with the EU and its member states on transferring Ukraine to the second phase of the visa liberalisation process", – he said, having recalled that the first phase involves making all the necessary changes into the Ukrainian legislation, and the second – assessment of implementation of the new legislation in practice.
Mr. Fule also pointed out that he discussed this issue during his visit to Kyiv the last week and that he was assured that all the required legislative changes would be adopted in the nearest future. "I hope that the Ukrainian authorities will not miss this opportunity, – he said. – And on our part will be provided all the support for Ukrainian citizens to enter the Schengen area without visas."
Let us recall that the mentioned legislative changes imply the adoption of a comprehensive anti-discrimination legislation. However, at the first phase of this process the Ukrainian authorities do not intend to include sexual orientation into the anti-discrimination law. They offered a compromise to the EU involving that the first phase of the liberalization will be signed without any reference to the SOGI features. It would be discussed only upon reaching the second phase.
In return Ukraine proposes to implement a number of "soft measures", such as the expansion of the Ombudsman's powers in the sphere of anti-discrimination, including – on the grounds of SOGI features. The Ministry of Justice and the Supreme Administrative Court will adopt the document "explaining the existing Ukrainian legislation regarding the sexual orientation". And finally, the work on improving the labor legislation towards non-discrimination on grounds of sexual orientation will be continued, as well as the homophobic laws, which still remain in the Verkhovna Rada for consideration, will be neutralized.
In a reply to the official request by UPO "Gay Alliance Ukraine" the press officer of the EU Delegation in Kyiv David Stulik stated that "… The requirements for the Visa liberalisation action plan have not changed, and the identified legislative gaps will have to be addressed, including anti-discrimination on basis of sexual orientation."
Last week ILGA-Europe released a statement regarding this issue, wherein saying: "The recent events in Ukraine have brought the European Union to an unprecedented situation during which Member States decided to speed-up various association measures in support of democratisation processes taking place in the country. One of these measures is the acceleration of the visa dialogue, through which visa-free travel between the EU and Ukraine should soon become a reality. <…> During the last years the EU has initiated similar processes for other countries that are part of the Eastern Partnership. <…> Such measures range from issues like conformity to international standards, to ensuring adequate level of border and migration management and fighting organised crime. Another step that countries need to take includes anti-discrimination measures and respect and protection of human rights."
ILGA-Europe expresses concerns that arrangements to amend the changes into the Ukrainian legislation on prohibiting of discrimination based on sexual orientation weren't reached at the first phase of negotiations. The statement says that "… Postponing the implementation of anti-discrimination measures on ground of sexual orientation from a basket full of criteria creates the impression that lesbian, gay and bisexual people are less important than others. If this doesn't happen then the EU runs the risks of undermining its key human rights principles."
ILGA-Europe positively assesses the aforementioned "soft measures" to implement the principles of non-discrimination that were promised by the Ukrainian authorities. However ILGA-Europe insists that these measures can not be considered as a substitute for a comprehensive anti-discrimination legislation regarding sexual orientation.
For more details read in a review of the previous week's events >>>
Photo by epochtimes.com.ua, ilga-europe.org
Written by Sofa Hadashot
Автор: https://upogau.org/eng/
