An Activist’s Guide to The Yogyakarta Principles Guide to The Yogyakarta An Activist’s The Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity An Activist’s Guide to The Yogyakarta Principles Section 1 Overview and Context In 2006, in response to well- documented patterns of abuse, a distinguished group of international human rights experts met in Yogyakarta, Indonesia to outline a set of international principles relating to sexual orientation YogYakarta, and gender identity. IndoneSIa The result is the Yogyakarta Principles: a universal guide to human rights which affirm binding international legal standards with which all States must comply. They promise a different future where all people born free and equal in dignity and rights can fulfil that precious birthright. 2 An Activist’s Guide to The Yogyakarta Principles on the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity In November 2006, we were honored to This Activist’s Guide is a tool for those Foreword serve as co-chairs of a four-day meeting who are working to create change and at Gadjah Mada University in Yogyakarta, build on the momentum that has already Indonesia. That meeting culminated a begun around the Yogyakarta Principles. We all have the same human rights. drafting process among twenty-nine In local neighborhoods and international Whatever our sexual orientation, gender international human rights experts organisations, activists of all sexual who identified the existing state of orientations and gender identities are a identity, nationality, place of residence, sex, international human rights law in relation vital part of the international human rights to issues of sexual orientation and gender system, serving as monitors, educators, national or ethnic origin, colour, religion, identity. The Yogyakarta Principles on the mobilisers, and leaders. This guide is an Application of International Human Rights acknowledgment that individual activists language, or any other status, we are all Law in Relation to Sexual Orientation deserve support and recognition for their and Gender Identity are meant to be a contribution to the realisation of rights for equally entitled to our human rights without coherent and comprehensive articulation all of us. of the obligations of states and non-state discrimination. These rights–interrelated, actors to respect, protect, and fulfill the Sonia onufer Corrêa human rights of all persons regardless of Vitit Muntarbhorn interdependent, and universal–are shared sexual orientation and gender identity. by each one of us. August, 2010 There is an inconsistency between the rights identified in international human rights documents, such as those in the Yogyakarta Principles, and the rights actually enjoyed by individuals. While international standards may grant us rights, discrimination, stigma, violence, and fear pose real threats to people of diverse sexual orientations and gender identities. Activists, human rights defenders, and individual members of our many communities are the driving force behind closing this gap between our rights and our reality. 6 7 Thanks are due to the staff of ARC • United Belize Advocacy Movement Acknowledgements International and the International (UNIBAM), Belize Commission of Jurists (ICJ), as well as the • Brazilian Association of Lesbians, Gays, following group of generous activists: Bisexuals, Travestis and Transsexuals As with the Principles themselves, this Guide (ABGLT), Brazil was a joint effort by dozens of activists who • Adrian Coman, International Gay and • Transsexual Organization for Dignity Lesbian Human Rights Commission in Diversity (Chile) provided advice, editorial review, and expertise (IGLHRC) • Aizhi Action Project and Chinese • Justus Eisfeld, Global Advocates for Society for the Study of Sexual throughout the entire process, from conception Trans Equality (GATE) Minorities (CSSM), China • Stefano Fabeni, Global Rights • Alliance to Respect LGBT Citizenship, to production. For many of these activists, • Scott Long, Human Rights Watch Colombia • Sara Perle, International Gay and • Sasod, Guyana the time spent creating this Guide was Lesbian Human Rights Commission • Naz Foundation and Voices Against (IGLHRC) 377, India outside of their usual duties. • Cynthia Rothschild, Center for • Sangama, India Women’s Global Leadership • Meem, Lebanon • Renato Sabbadini, International • Blue Diamond Society (BDS), Nepal Sheila Quinn (Ireland), Researcher and Lesbian, Gay, Bisexual, Trans and • Transgender Netwerk Nederland Consultant, wrote the final draft of this Guide Intersex Association (ILGA) (TNN), The Netherlands and served as project manager for the final • Kate Sheill, Amnesty International • New Zealand Human Rights editing process and the Guide’s production. • Katrine Thomasen, International Commission, New Zealand Service for Human Rights (ISHR) • Campaign Against Homophobia (KPH), Poland More broadly, the organisations • 07-07-07 Campaign, South Africa supporting the individuals above played • Swedish International Development key roles in facilitating information, Co-Operation Agency (Sida), Sweden meetings, and resources for this Guide, • Unión Afirmativa de Venezuela, and thanks therefore goes to their various Venezuela networks of staff and volunteers. These groups are among the growing field of Alejandra Sarda-Chandiramani and Arvind non-governmental organisations taking Narrain served as consultants to the up the issue of international advocacy for project. Andrew Park (Program Director) LGBTI people. and Addison Smith (Program Coordinator) at Wellspring Advisors also participated The case studies were written with direct in the preparation and production of the input from the organisations that are the final draft. Sheila Quinn was very ably subjects of the case studies. They are due assisted by Laura Shehan. recognition not only for their contribution to the Guide but also for their tireless and Development and production of this inspiring activism: guide was made possible by generous DREILINDEN support from Dreilinden Gesellschaft für Gesellschaft für gemeinnütziges Privatkapital mbH gemeinnütziges Privatkapital, Germany. 8 9 the Structure 4. applying the Yogyakarta Principles gender identity is understood to refer Purpose and suggests strategies for further to each person’s deeply felt internal There are four sections to the Guide engagement with the Principles. The and individual experience of gender, Structure intention is to stimulate ideas rather which may or may not correspond with 1. the Yogyakarta Principles – overview than be directive. The idea is to the sex assigned at birth, including the of this Guide and Context gives an overview of the explore how the Yogyakarta Principles personal sense of the body (which may Principles. It discusses why, how, when, can enhance the work of activists and involve, if freely chosen, modification and by whom the Principles came the work of progressing rights for of bodily appearance or function by into being. It touches briefly on the target audience LGBTI people. medical, surgical, or other means) and international human rights framework, other expressions of gender, including This Guide is targeted primarily to the evolution of the articulation of dress, speech, and mannerisms. activists working on lesbian, gay, bisexual, rights for LGBTI people within that a note on language transgender and intersex (LGBTI) issues. framework, of the contribution of In the Preamble the drafters of the In this Guide, the author speaks of the struggle for sexual health and Yogyakarta Principles draw attention “people of diverse sexual orientations Purpose reproductive rights to the recognition to human rights violations people have and gender identities” as a way of of rights for LGBTI people etc. The Guide is an introduction to the experienced “because they are or are including all individuals and groups to Yogyakarta Principles, to facilitate a deeper perceived to be lesbian, gay, or bisexual, whom the provisions of international understanding of the Principles and to 2. the Yogyakarta Principles Up because of their consensual sexual human rights law in relation to sexual encourage their use and their promotion. Close gives detailed insight into the conduct with persons of the same gender, orientation and gender identity apply. Principles. This section discusses or because they are or are perceived to In speaking about activists generally, It is hoped the Guide will encourage the Preamble and the Additional be transsexual, transgender or intersex the author most commonly speaks of further exploration of the Yogyakarta Recommendations contained in the or belong to social groups identified in lesbian, gay, bisexual, transsexual, and Principles, of the international human rights Yogyakarta Principles. Its main focus particular societies by sexual orientation intersex (or LGBTI) activists, referring to law upon which they are based, of the is on delving into the Principles or gender identity”. the general goal of activism rather than to systems for monitoring progress, and of the themselves and a number of the activists’ sexual orientation or gender implications of using a human rights based strategies are employed to do that: The Principles themselves include identity. When referring to communities, approach in activist strategies. summarising in non-legal language; definitions of the terms. the author may refer to LGBTI people or a thematic