ADVANCING DIGNITY: ASSESSING CANADA’S GLOBAL ACTION ON HUMAN RIGHTS FOR LGBTI PEOPLE

DIGNITY INITIATIVE ADVANCING LGBTI HUMAN RIGHTS GLOBALLY Acknowledgments

This report was co-authored by Erin Aylward Thank you to the LGBTI activists from around and Freddie Arps, with research assistance the world who shared their experiences di- from Ashley Mantha-Hollands and Doug Kerr. rectly with the report writers, including Kenita Placide, Nguyen Hai Yen, and Ricky Nathanson. We wish to thank the Canadian HIV/AIDS Legal Network and the Bonham Centre for Sexual Special thanks to Raymond Helkio for his Diversity Studies for their investment and graphic design and formatting expertise. support for the research process. This research was also made possible in part through doctor- Thanks to the many experts and researchers al scholarship funding for the first author from who provided thematic and stylistic guidance the Social Sciences and Humanities Research on earlier drafts of this report. This includes Council (SSHRC) and from the Pierre Elliot Michael Battista, Michael Bosia, Jessica Trudeau Foundation. Burnstein, Julie Dorf, Richard Elliott, Sonja Evaldsson Mellstrom, Nicholas F rasier, Karim Ladak, Jasmine Landau, Kate Lazier, Robert Milkovich, Michael Pelz, Hayeong Rho, Rob Salerno, Justin Taylor, Kimberly Vance, and Kris Wells.

PAGE 2 DIGNITY INITIATIVE Preface: About the Dignity Initiative

This report is one of three documents shared with all Members of Parliament written by the Dignity Initiative, a work- and submitted to the Minister of For- ing group of Canadian civil society or- eign Affairs, the Minister of Interna- ganizations and individuals interested tional Development and La Francopho- in supporting the human rights of - nie and the Minister of Immigration, bian, , bisexual, trans and intersex Refugees and Citizenship. The Call to (LGBTI) communities around the world. Action remains the centrepiece of on- going advocacy with a view to securing The first document, completed in mid- action on the recommendations con- 2015, was a Call to Action, (see Annex) tained therein. outlining how the Canadian govern- DOUG KERR, DIGNITY INITIATIVE ment should enhance its support for the This report – the Dignity Initiative’s sec- PROJECT LEAD human rights of LGBTI people around ond project – is a supplement to that the globe. The Call to Action sets out Call to Action. It is a resource to assist 22 recommendations in the following with the implementation of those rec- four areas: ommendations. • Supporting LGBTI activists and human rights defenders An additional report, Solidarity for Dig- • Funding organizations around the nity: Insights for Canadian Organiza- world and in Canada who advance tions Working Globally to Support the the human rights of LGBTI people Human Rights of LGBTI People is being • Using diplomatic influence to sig- released alongside this report. Solidar- ERIN AYLWARD, RESEARCH LEAD, DIGNITY INITIATIVE nal a commitment to the human ity for Dignity outlines best practices rights of LGBTI regarding how Canadian civil society people, including with respect to organizations could be (and in many international development cases, are already) supporting global • Supporting refugees and human rights movements for LGBTI facilitating asylum in people. Canada for LGBTI people fleeing persecution We hope that this document will be a useful tool for civil society and govern- The Call to Action has been endorsed ment in Canada and abroad to under- by more than 130 civil society organi- stand the ways in which countries can zations across Canada. It was shared become active in global solidarity work F.S.E. ARPS, ADVANCING DIGNITY with the major federal political parties in support of the rights of LGBTI people. REPORT LEAD, CO-LEAD WRITER during the 2015 Canadian federal elec- tion, with a request for endorsement and implementation of the recommen- dations. Following the election, it was

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We would like to acknowledge the volunteer members of the national DIGNITY Dignity Initiative Working Group:

Brenda Cossman, Mark S. Bonham Centre for Sexual Diversity Studies (Toronto) Rev. Brent Hawkes, Metropolitan Community Church (Toronto) Carlos Idibouo, FrancoQueer (Toronto) Corrie Melanson, Rainbow Refugee Association of Nova Scotia (Halifax) Dallas Barnes, InterPride (Calgary) Dara Parker, Qmunity (Vancouver) Doug Kerr, Dignity Initiative Project Lead (Toronto) INITIATIVE Erin Aylward, Researcher (Toronto) Fanta Ongoiba, Africans in Partnership Against AIDS (Toronto) Freddie Arps, Researcher (Toronto) Jacqie Lucas, #EndHateLaws (Toronto) Jean-François Perrier, Fierté Montréal Pride Jonathan Niemczak, Pride Winnipeg Karim Ladak, Alliance for South Asian AIDS Prevention (Toronto) Kim Vance, ARC International (Halifax) Kris Wells, Institute for Sexual Minority Studies, University of Alberta (Edmonton) Maurice Tomlinson, Canadian HIV/AIDS Legal Network (Toronto) Marie-Pier Boisvert, Conseil québécois LGBT Michelle Emson, KyivPride Canada (Hamilton) Richard Elliott, Canadian HIV/AIDS Legal Network (Toronto) Sandeep Prasad, Action Canada For Sexual Health and Rights (Ottawa) Stephen Seaborn, ILGA-North America (Toronto) Steven Ross, Fierté Montréal Pride Val Kalende, Researcher (Toronto)

“JÓNÍNA AND I WERE VERY HAPPY TO HEAR OF CANADA’S DIGNITY INITIATIVE. IF THIS PLAN IS PUT INTO ACTION IT WILL MARK A NEW ERA FOR LGBTI INDIVIDUALS AROUND THE GLOBE. THUS, CANADA’S INITIATIVE IS AN IMMENSELY IMPORTANT STEP TO WARDS CREATING A BETTER AND MORE EQUAL WORLD.” –JÓHANNA SIGURÐARDÓTTIR, FORMER PRIME MINISTER OF ICELAND

PAGE 4 DIGNITY INITIATIVE 1. Executive Summary

This report draws attention to the • Efforts to advance the human • While Canada has taken some many ways in which Canada can rights of LGBTI people can initial steps in each of these join a growing number of countries backfire. Speaking out without four categories, further work in integrating the human rights of engaging with local activists is needed and lessons can be LGBTI people into foreign policy or understanding the local learned from the leadership and refugee policy. Drawing on ex- context must be avoided. of other countries in each of amples from countries like France, • Instead, and in accordance these areas. the Netherlands, Norway, Sweden, with the Dignity Initiative’s Call the United Kingdom and the United to Action, efforts to advance Because this report relies primarily States, as well as from the European the rights of LGBTI people on publicly available information, Union, this report demonstrates the globally should focus on the it means that there may be partic- range of best practices that other following four areas: ular countries whose leadership countries have adopted in the inter- * Supporting LGBTI activists in advancing the human rights of est of supporting the human rights and human rights defenders LGBTI people is not adequately of LGBTI people globally. We also * Funding organizations acknowledged or recognized. As highlight the preliminary yet import- around the world and in Can- such, this report should be viewed ant work that Canada has engaged ada who advance the human as a preliminary overview of some in towards advancing the human rights of LGBTI people best practices in advancing the rights of LGBTI people globally. * Using diplomatic influence human rights of LGBTI people, to signal a commitment and not as an exhaustive compar- This report comes to the following to human rights of LGBTI ative evaluation of different coun- conclusions: people, including with tries’ performances in this area • The human rights of LGB- respect to international of human rights advocacy/policy. TI people have become an development increasingly urgent and visible * Supporting refugees area of work. Canada has clear and facilitating asylum in legal and ethical obligations to Canada for LGBTI people engage on these issues. fleeing persecution

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2. About the report

WHAT IS THIS REPORT’S human rights of LGBTI people working to advance the human PURPOSE? among the countries studied. It rights of LGBTI people globally. DIGNITY This report highlights how a num- is certainly the case that in some On a regional and international ber of countries, including Cana- instances countries will have tak- basis, countries such as Argenti- da, can and do use foreign policy en additional steps that are not na, Brazil, Chile, Colombia, Uru- and refugee policy to promote necessarily publicized – often guay, and South Africa continue equality on the basis of sexu- for sound reasons – to support to play important leadership roles al orientation, , the rights of LGBTI people in- in advancing the human rights of gender expression, and intersex ternationally. Hence, while our LGBTI people, particularly at the status. findings are unable to fully re- UN and OAS. Effective responses INITIATIVE flect the work that many coun- to advancing the human rights of WHAT METHODS WERE USED? tries engage in to advance the LGBTI people must acknowledge The findings from this report human rights of LGBTI people, the importance of partnership were collected via an exten- our findings do present an over- with, and respect afforded to, sive review of publicly available view of what countries publicly countries around the world in documentation on the foreign report to be doing in this area. their own efforts to advance the policies and refugee policies of human rights of LGBTI people. HUMAN RIGHTS GLOBALLY ADVANCING LGBTI multiple countries. Our research WHAT IS THIS REPORT’S team reviewed hundreds of press REGIONAL SCOPE? releases, discussion papers, re- Many of the suggestions and ports, interviews, news articles, strategies outlined in the Call to and website material in English, Action, which formed the back- French, and Dutch that discussed bone of this report, speak to countries’ positions and strate- the varied roles that countries gies for advancing the human like Canada tend to play on the rights of LGBTI people globally. global stage. Consequently, this These findings were also supple- report focuses predominantly on mented with consultations with a the actions of countries such as range of experts on the human France, the Netherlands, Norway, rights of LGBTI people, many of Sweden, the United Kingdom, whom are acknowledged at the and the United States. We also beginning of this report. highlight the leadership of the European Union. In light of this report’s reliance on publicly available data, this re- However, this should not be mis- port does not necessarily capture construed as suggesting that the full extent of the commitment these countries are the most and strategies for advancing the significant or the only countries

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DIGNITY 3. Introduction

THE NEED FOR ACTION Never before have the human rights of LGBTI people received as much respect at a global lev- el than they do today. Consen- sual same-sex activity between adults in private is not criminal- INITIATIVE 1 ized in116 UN member states. As of May 2015, discrimination in employment (and often other settings) based on sexual orienta- tion is now prohibited in over 60 countries, and same-sex relation- ship rights are legally recognized in approximately 30 countries.2 CELINA JAITLEY, BOLLYWOOD ACTRESS AND ADVOCATE FOR THE UNITED NATION’S FREE Since 2011 alone, 10 countries AND EQUAL CAMPAIGN WITH CHARLES RADCLIFFE, CHIEF OF GLOBAL DEVELOPMENT have introduced reforms to make ISSUES AND INTERGOVERNMENTAL AFFAIRS FOR THE AT THE TORONTO HUMAN RIGHTS GLOBALLY ADVANCING LGBTI . CREDIT: PRIDE TORONTO it easier for transgender per- sons to obtain legal recognition sive pieces of trans legislation in teur on torture specifically noted of their gender identity, and, as the world;5 and countries such as the abuse of involuntary medical of May 2015, 14 countries have Bangladesh, India, Pakistan, and procedures on intersex children,8 instituted or strengthened an- Nepal have all legally acknowl- and in 2014 the UN Human ti-discrimination or anti-hate edged an additional, third gen- Rights Council included its first crime laws that extend protec- der category.6 In Latin America ever side event on the topic.9 tion on grounds of sexual orien- and the Caribbean, representa- In 2015, the Council of Europe’s tation and/or gender identity.3 tives from over 28 countries and Commissioner for Human Rights three territories recently adopted issued a report on the rights of A number of countries in the a road map addressing the needs intersex people,10 the World Global South have also demon- strated strong domestic lead- of refugees that includes specific Health Organization (WHO) in- 7 ership in advancing the human protocols for LGBTI refugees. cluded intersex rights in an im- rights of LGBTI people. South The human rights of LGBTI peo- portant report on sexual health 11 Africa was the first country in the ple have increasingly been recog- and rights, and the govern- world to explicitly protect against nized within the UN and other in- ments of Chile and Malta made discrimination on the basis of ternational forums. This includes history by issuing instructions to sexual orientation in its constitu- the human rights of intersex peo- cease medical interventions to tion.4 Argentina’s legislation on ple, which have increasingly at- “normalise” intersex children gender identity has been herald- tracted attention in recent years. based on World Health Organiza- ed as one of the most progres- In 2013, the UN Special Rappor- tion (WHO) recommendations.12

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And in 2016, one of the major moment.16 Further, legislation violence against intersex people UN human rights expert commit- that authorizes discrimination are almost non-existent and the tees released ground-breaking against LGBTI individuals has human rights situation of intersex guidance on government’s obli- emerged in several jurisdictions individuals has only recently start- gations regarding protecting and of the United States in the wake ed to attract visibility even within promoting sexual and reproduc- of the 2015 Supreme Court deci- LGBTI circles.21 In the words of DIGNITY tive health and rights, including sion on same-sex marriage.17 one intersex activist, “intersex the rights of intersex people.13 has arrived, but the hard work lies Such legislative changes and ahead.”22 And yet, while the human rights speech acts on the part of poli- of LGBTI people have been ad- ticians, along with unfavourable Finally, it should be noted that vanced in a wide diversity of public opinion in many contexts, factors like gender, race, ethnic contexts, substantive challenges have translated into a wide range origin, disability, age, migration remain. Rising rates of violence of serious human rights violations status, class, caste, employment and hostility often follow newly for individuals based on their real precariousness, sex work, HIV sta- INITIATIVE adopted reforms, and many of or perceived sexual orientation, tus, use of prohibited drugs, and the most welcoming legal con- gender identity, gender expres- incarceration can render LGBTI texts still retain some discrimina- sion, and/or intersex status. The individuals particularly at risk of tory legislation. Over one-third of UN Human Rights Council has violence, discrimination, illness, UN member states continue to noted a range of human rights and incarceration. For example, a criminalize consensual same-sex violations targeting LGBTI indi- meta- analysis of research on HIV

HUMAN RIGHTS GLOBALLY ADVANCING LGBTI sexual acts,14 legal or legislative viduals, including murder, tor- infection in 15 countries found provisions in support of transgen- ture, arbitrary detention, denial that transgender women were 49 der identities and rights remain of rights to assembly and expres- times more likely to be living with elusive in the vast majority of sion, and discrimination in health HIV,23 which often results in even countries, and the rights of inter- care, education, employment, greater levels of marginalization. sex people are still only rarely ac- and housing.18 knowledged. A growing number of national governments appear The Inter-American Commis- to leverage homophobia and sion on Human Rights reported transphobia as a tool for discred- over 590 hate-related killings of iting opposition and diverting the LGBT persons in Organizations of public’s attention from other con- American States (OAS) member tentious government actions.15 countries between January 2013 Several countries (Algeria, Lith- and March 2014.19 Trans persons uania, Nigeria, and Russia) have are at particularly high risk of vio- introduced “anti- lence and murder; the Trans Mur- propaganda laws,” and eleven der Monitoring project reported other countries recently initiated 1,612 trans people were mur- conversations about implement- dered in 62 countries between ing similar legislation – though, 2008 and 2014; an equivalent thankfully, many of these efforts to one killing every other day.20 appear to have stalled for the Statistics on discrimination and

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“THE IMPORTANT POINT TO EMPHASIZE … IS THAT IT IS NOT HOMOSEXUALITY THAT WAS EXPORTED TO AFRICA FROM EUROPE BUT RATHER LEGALIZED HOMOPHOBIA THAT WAS EXPORTED IN THE FORM OF WESTERN CODIFIED AND RELIGIOUS LAWS.” 23B –SYLVIA TAMALE, UGANDAN FEMINIST LAWYER & SCHOLAR

THE RESEARCH PROJECT ENVISIONING GLOBAL DIGNITY LGBT HUMAN RIGHTS BROUGHT TOGETHER ACTIVISTS WHO WERE RESISTING ANTI-LGBTI COLONIAL-ERA LEGISLATION ACROSS EIGHT COMMONWEALTH COUNTRIES. INITIATIVECREDIT: ENVISIONING. HUMAN RIGHTS GLOBALLY ADVANCING LGBTI

COLONIALISM, POWER INEQUALITIES, AND CONTEM- “sodomy” or “buggery” are vestiges of British colonial legis- PORARY LGBTI ADVOCACY lation.24 Today, some religious leaders and organizations from While LGBTI advocates, predominantly from Western coun- the Global North continue to play an active role in propagat- tries, have condemned the criminalization and persecution of ing hatred toward LGBTI people in the Global South through LGBTI people in the “Global South,” human rights advocacy missions, speeches, and through lobbying government offi- also requires an understanding of the historical context. This cials.25 Consequently, even as all governments and political includes recognizing that colonialism has played a substantial leaders must be held accountable for promoting anti-LGBTI role in spreading intolerance against LGBTI people and in im- sentiments and for promoting or defending anti-LGBTI laws, posing certain cultural practices in many parts of the world. advocacy work on the human rights of LGBTI people globally For example, more than half of the world’s laws criminalizing must be mindful of the harmful, ongoing legacies in many set-

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THE YOGAKARTA PRINCIPLES

tings that have their historical or- Developed in 2006 by civil society experts from around the igins in the Global North. Similar- world, the Yogyakarta Principles outline how international ly, it is important to recall that the human rights law standards apply to human rights violations domestic recognition and protec- faced by LGBTI people. Since 2006, the Yogyakarta Principles tion of the human rights of LGBTI have become a widely accepted reference for interpreting the DIGNITY people is a relatively recent de- human rights of LGBTI people. velopment even in many of the countries that have committed themselves to defending such rights internationally. On many below. However, increased efforts earlier report by highlighting re- fronts, including on the rights of are required for Canada to be cent advances in Canada’s for- transgender and intersex people, recognized as an international eign policy and by demonstrating there is much work to be done even leader supporting the rights of how several strategies can posi- INITIATIVE to secure human rights on paper, let LGBTI people. Canadian orga- tion Canada as a stronger glob- alone as a lived reality in most coun- nizations engaged in this work al player in the advancement of tries of the Global North. remain under-resourced, rely- the human rights of LGBTI peo- ing almost entirely on foreign or ple. The McLeod Group’s earli- CANADA’S ROLE IN ADVANC- private funding. Whereas some er report noted that Canadian ING THE RIGHTS OF LGBTI organizations were able to ac- civil society organizations have PEOPLE GLOBALLY cess Canadian government re- been “noticeably silent, if not HUMAN RIGHTS GLOBALLY ADVANCING LGBTI In 2009, the Government of sources in the past, those funds dormant, where LGBT issues are Canada affirmed before the UN have been inaccessible or non- concerned.”27 With this report, Human Rights Council that its existent in recent years. There is we hope to break this silence and understanding of human rights much scope for Canada to exert to chart a new path for advocacy should integrate and acknowl- greater influence in regional and and collaboration in advancing edge the Yogyakarta Principles, multilateral forums that advance these human rights. which affirm that “all persons, the human rights of LGBTI peo- regardless of sexual orientation ple internationally, including the Canada is well positioned to play or gender identity, are entitled Organization of American States, a strong leadership role in ad- to the full enjoyment of all hu- UN Human Rights bodies in New vancing the human rights of LGB- man rights.”26 Hence, Canada’s York and Geneva, the Common- TI people globally. Canadian civil broad commitment to advanc- wealth, and the Organisation In- society organizations are globally ing human rights necessarily in- ternationale de la Francophonie. recognized for their leadership in cludes efforts to promote and In 2013, the McLeod Group re- strengthening and protecting the protect the human rights of leased a report outlining how human rights of LGBTI people at LGBTI persons internationally. Canada could better advance the a domestic and global level. Or- rights of LGBTI people globally.28 ganizations such as Egale Cana- Importantly, the Government of This Dignity Initiative report com- da, Equitas, Oxfam Canada and Canada has taken important steps plements the McLeod Group’s the Canadian HIV/AIDS Legal to integrate the human rights Network have collaborated with of LGBTI people into its foreign human rights defenders on vari- policy, as will be documented ous LGBTI rights projects across

PAGE 10 DIGNITY INITIATIVE DIGNITY INITIATIVE Africa, , Europe, the Carib- range of resources, training, and their countries of origin. Final- bean and Latin America. ARC support. Moreover, as a multicul- ly, Canada has rich connections International and Action Cana- tural country with many vibrant with La Francophonie and with da for Sexual Health and Rights diaspora populations, Canada the francophone world, offering have been recognized for their is home to a number of LGBTI a niche opportunity to influence leadership in advancing LGB- activists from around the world, the advancement of the human TI concerns at the UN and have many of whom continue to play rights of LGBTI people in these provided LGBTI organizations leadership roles in advancing the countries. around the world with a broad human rights of LGBTI people in

LEGAL NETWORK SENIOR POLICY ANALYST, CANA- DIAN HIV/AIDS LEGAL NETWORK AND CARIBBEAN LGBTI ACTIVIST, MAURICE TOMLINSON.

“IN MUCH OF THE GLOBAL SOUTH, EXTREME FUNDAMENTALIST VIEWS ESPOUSED BY POWERFUL RELIGIOUS AND POPULIST LEAD- ERS MAKE IT VERY DIFFICULT TO ACHIEVE LGBTI EQUALITY. THESE VIEWS CAN ONLY BE COUNTERED BY CAREFULLY CONTRASTING THE HARMS OF EXCLUSION AGAINST THE TREMENDOUS ECONOMIC AND SOCIETAL BENEFITS OF DIVERSITY. CANADA’S STILL ON-GOING CHALLENGES WITH SECURING HUMAN RIGHTS FOR LGBTI CITIZENS MEANS THAT IT CAN SHARE MANY VALUABLE LESSONS WITH COUN- TRIES THAT ARE WRESTLING WITH HOW TO RESPECT THEIR INTER- NATIONAL OBLIGATIONS TOWARDS LGBTI PEOPLE.” – MAURICE TOMLINSON, SENIOR POLICY ANALYST, CANADIAN HIV/AIDS LEGAL NETWORK

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4. A Call for Action: Best Practices DIGNITY in Advancing the Human Rights of LGBTI People Globally

This section of the report out- the case of both refugees apply- countries and regions, it is critical lines four priority areas in which ing from within Canada and those to ensure that any foreign coun- Canada can commit to advanc- seeking assistance from abroad. try’s response to human rights ing the human rights of LGBTI violations abroad is informed by people globally: Each of these four areas corre- consultations with local activists sponds to a priority area identi- and human rights defenders. INITIATIVE fied in the Dignity Initiative’s Call Supporting LGBTI activists and human rights defenders in coun- to Action (see Annex) For each of This was made clear in the after- tries where such rights are de- these areas, we provide an out- math of UK Prime Minister David nied or violated. This includes line of a) why work in this area is Cameron’s proposal to introduce actively participating in regional important, b) what action Cana- donor sanctions on countries and global initiatives that work da has taken to date and c) what with repressive LGBTI legislation HUMAN RIGHTS GLOBALLY ADVANCING LGBTI to amplify the voices of LGB- good practices can be gleaned in 2011. In response, a coalition TI activists around the world. from our research regarding of African social justice activ- other countries’ initiatives. ists asserted that these actions Funding organizations around “tend... to exacerbate the envi- the world and in Canada work- 4.1 SUPPORTING LGBTI ronment of intolerance in which ACTIVISTS AND HUMAN ing to defend and promote political leadership scapegoat RIGHTS DEFENDERS IN human rights, including the hu- LGBTI people for donor sanc- COUNTRIES WHERE SUCH man rights of LGBTI people. RIGHTS ARE DENIED OR tions in an attempt to retain and VIOLATED, AND ACTIVE- reinforce national sovereignty.”31 Using diplomatic influence to LY PARTICIPATING IN clearly and publicly define a com- REGIONAL AND GLOBAL Effective strategies to support mitment to the human rights of INITIATIVES THAT WORK TO the human rights of LGBTI peo- AMPLIFY THE VOICES OF LGBTI people in broader foreign ple depend on insights and feed- LGBTI ACTIVISTS AROUND policy, including with respect THE WORLD. back from local human rights to international development. defenders. Yet, all too often, for- Why it matters: eign countries’ work in support Supporting refugees and fa- Strategies to support the human of the human rights of LGBTI cilitating asylum in Canada for rights of LGBTI people may work people has not reflected local LGBTI people fleeing persecu- well in one context and might activists’ insights. This is sum- tion because of their sexual ori- backfire dramatically in anoth- marized well by Kenita Placide, entation, gender identity, gender er. Because of how much LGBTI Executive Director of the Eastern expression, or intersex status in political landscapes vary across Caribbean Alliance for Diversity

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DIGNITY INITIATIVE

JUNE 25–27,TORONTO 2014 Kenita Placide, Executive Director of Eastern Caribbean Alliance for Diversity and Equality Credit: Bonham Centre

and Equality and Representative forms foreign countries’ diplo- bassies and High Commissions HUMAN RIGHTS GLOBALLY ADVANCING LGBTI on ILGA’s Women’s Secretari- matic engagement. consult regularly with local LGBTI at, who stated, “Global North activists – even providing venues advocates should continue to Where Canada for activists to hold meetings in engage in conversation, consult stands: countries where LGBTI people’s and hold strategy meetings with While certain diplomatic posts freedom of assembly is violated. Global SouthPOST activists to under- have shown great leadership and Such efforts represent the best stand the realities on the ground. effectiveness in addressing LGBTI of Canadian diplomacy. However, They need to help design prop- issues in collaboration with local these consultations do not take er campaigns and to facilitate activists, a more robust, compre- place in all posts, and further funding CONFERENCEthat allows impact as hensive and far-reaching strategy effort is required to ensure that they encourage advancement in is required in order to ensure that all Canadian High Commissions 32 economical and cultural areas.” all Canadian Embassies and High and Embassies are prepared and Commissions have the mandates, motivated to forge these connec- Hence, itREPORT is critical that countries resources and monitoring mecha- tions. foster ongoing relationships with nisms required to effectively sup- a diversity of LGBTI activists. This port and amplify the insights of Policy and guidance on reach- should include interactions with local human rights defenders and ing out to local activists: In diplomatic#WPHRC14 staff and participation LGBTI activists. the absence of an official policy in policy consultations, meetings, highlighting the importance of and/or conferences in which ac- Consultation with local activ- supporting/hearing from local tivists’ advice is heard and in- ists: A number of Canadian Em- LGBTI activists, Canadian Em-

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bassies and High Commissions’ The Government of Canada has from round tables and expert performance in supporting LGBTI also confirmed its participation meetings to conferences and human rights defenders has been in the 2016 Global LGBTI Human seminars focused on furthering ad hoc. As a recent publication Rights Conference of like-mind- the human rights of LGBTI peo- by Egale Canada has noted, ad- ed states and international civil ple.35 The U.S. State Department DIGNITY ditional work and support from society organizations (although, has also demonstrated a commit- the government is needed to at this writing, it appeared that ment to amplifying the voices of ensure that Canadian embassies no senior staff with the authority LGBTI activists through several are consistently and respectfully to make financial commitments conferences and meetings with consulting and collaborating with to support such work would be global LGBTI activists.36 local activists: present). PANELLISTS FROM AROUND THE WORLD SHARE THEIR EXPERIENCES IN ADVANCING LGBTI [D]espite the best efforts of Solidarity: In conjunction with HUMAN RIGHTS DURING AN EVENT CO-SPONSORED BY OXFAM AND EGALE. many diplomats, our Embas- other countries such as the Neth- CREDIT: OXFAM CANADA INITIATIVE sies and High Commissions erlands, the United Kingdom, and often lack the resources and the United States (see below), tools to develop robust LGBT Canada’s diplomatic representa- human rights promotion strat- tives have participated in Pride egies and guidelines. In some events and activities in a number cases, frontline embassy staff of countries as a way of showing HUMAN RIGHTS GLOBALLY ADVANCING LGBTI are unfamiliar with the legal their support for and solidarity and social environment facing with local activists. LGBT persons at their posting – or worse, are homophobic.33 Good practices from other countries: Policy: A number of countries Regional and global initiatives: Initiatives taken by other gov- have provided strategic guidance As explained further below (sec- ernments should serve as ex- to their diplomatic staff to high- tion 4.3), in the past few years, amples to the Government of light the importance of working the Canadian Government has Canada of how to adopt further with local activists to ascertain not been well represented at measures to advance the human the most effective ways to help regional and global initiatives in rights of LGBTI people globally. advance the rights of LGBTI peo- which LGBTI activists’ insights ple. For example, the US Agency are shared. Crucially, the cur- Consultation with local activ- for International Development rent Canadian Government has ists: Many countries have created (USAID) has developed an LGBT announced a renewed commit- mechanisms to ensure that LGB- Vision that acknowledges the im- ment to multilateralism, which TI activists’ voices are heard and portance of “[a]ctively promoting has translated, among other considered in crafting relevant the involvement in and owner- things, into a commitment of diplomatic strategies. Across Eu- ship of development activities approximately USD 12 million to rope, a number of countries have by an array of local stakeholders, the Office of the UN High Com- supported the integration of local including LGBT individuals and missioner for Human Rights.34 voices through initiatives ranging LGBT CSOs [civil society organi-

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zations].”37 The 2008 UK Foreign TI people in their foreign policy 4.2 FUNDING ORGANI- & Commonwealth Office toolkit have relied extensively on multi- ZATIONS AROUND THE on how to “promote the human lateral and regional engagement. WORLD AND IN CANADA rights of LGBT people” encour- For example, in April 2013, Nor- WORKING TO DEFEND AND PROMOTE HUMAN ages staff at UK diplomatic mis- way and South Africa co-hosted RIGHTS, INCLUDING THE DIGNITY sions to engage with civil soci- an international conference on RIGHTS OF LGBTI PEOPLE. ety actors regarding the human Human Rights, Sexual Orienta- rights of LGBTI people at a local tion and Gender Identity in Oslo, Why it matters: level and further notes that LGB- which brought together 200 par- Consistent, adequate funding is TI activists should be “included ticipants from all regions to gath- required to support local LGB- among human rights defenders er support for the rights of LGB- TI activists and organizations in concerning whom the UK will TI people at the Human Rights developing effective projects, 40 lobby and will engage the sup- Council. Collaboration through increasing their organizational ef- 38 port of other governments.” such forums can result in more fectiveness, and contributing to a INITIATIVE Similarly, EU guidelines on LGBTI efficient and effective strategies stronger domestic civil society. advocacy state that the EU’s ap- for advancing the human rights

proach to advancing the human of LGBTI people. Funding must include, but also rights of LGBTI people should go beyond, creating LGBTI-spe- be informed by “consult[ing] and Solidarity: British, Dutch, and cific project funding. Flexible tak[ing] into account the views U.S. diplomats, among others, funding is required in order to

HUMAN RIGHTS GLOBALLY ADVANCING LGBTI of the LGBTI community in the are actively encouraged to par- support movement building and 39 countries concerned.” ticipate in locally relevant Pride alliance building. Core funding events and in other cultural LGB- can be vital to ensuring the sus- Regional and global initiatives: TI events to demonstrate publicly tainability and long-term impact As discussed below (section 4.3), their support for, and solidarity of activists’ work in support of 41 the majority of countries that ad- with, local communities. the human rights of LGBTI people. dress the human rights of LGB-

”FUNDING IS A CRUCIAL COMPONENT OF THE WORK DONE BY ACTIVISTS. PASSION, DETERMINATION AND COURAGE ARE CRUCIAL IN OUR FIGHT, BUT WITHOUT MONEY NOTH- ING CAN BE ACHIEVED. DONORS SHOULD LOOK BEYOND FINANCING ONLY PROJECT ACTIVI- TIES, BUT ALSO LOOK AT ASSISTING WITH CORE FUNDING, WITHOUT WHICH ORGANIZATIONS CANNOT EXIST. ACTIVISTS CANNOT SURVIVE ON PASSION ALONE.” – RICKY NATHANSON, AFRICAN TRANS* FORUM, MEMBER OF THE ALL AFRICA TRANS COMMITTEE

RICKY NATHANSON AND FOUNDER OF TRANS RESEARCH, EDUCATION, ADVOCACY, AND TRAINING (TREAT)

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45 Further, as the McLeod Group’s is now Global Affairs Canada. . In addition to these 2013 report noted, it is essential In 2014, available data suggests outputs, according to ICS Project Manager Nguyen Hai Yen, “the to mainstream LGBTI issues across that Canadian diplomatic mis- project played an important role donor countries’ international de- sions abroad provided at least 40 in keeping the momentum and velopment programming and for- organizations in over 30 countries with a total of $886,000 to sup- solidarity within the LGBT commu- DIGNITY eign policy. For example, LGBTI port the human rights of LGBTI nity to advocate for the Civil Code people are often at disproportion- people through the Canada Fund revision relating to the rights of ate risk of gender-based violence, 44 for Local Initiatives, a $14-mil- transgender people. In Decem- HIV, homelessness, human traffick- lion pot of funding designed to ber 2015, the National Assembly ing, and poverty; as a result, pro- assist local non-profit organiza- of Vietnam passed the Amended gramming related to these areas tions in designing small projects Civil Code, which will take effect should integrate an LGBTI lens in related to democratic gover- from January 1st, 2017. The law order to ensure that such program- nance, human rights, and rule allows transgender individuals to ming reaches some of the most of law. Canadian diplomatic mis- have SRS [sex reassignment sur- INITIATIVE 42 gery] in Vietnam and change their marginalized populations. sions in countries such as Burma/ Myanmar, Estonia, Latvia, Ma- gender marker on legal identi- 46 Where Canada stands: laysia, South Africa and Vietnam fication after the surgery.” The Embassy of Canada also funded Financial assistance: Writing in have used these funds to help ad- Nguyen Hai Yen’s participation 2012, the St. Lucian LGBT activ- vance the human rights of LGBTI people. Evidently, there are also in the WorldPride Human Rights ist (then based in Toronto), Akim

HUMAN RIGHTS GLOBALLY ADVANCING LGBTI instances in which local Embas- Conference in Canada in 2014, Larcher noted that Canada has sies and High Commissions have enabling her to connect and yet to emerge as “a leader on supported LGBTI organizations share strategies with other activ- LGBT human rights issues. Un- 47 but have not disclosed this pub- ists from around the world. like countries such as the Neth- licly on account of the associated erlands, France, Spain, Germany, political risks. Mainstreaming LGBTI issues Sweden, Norway, the US, and the within development funding: UK, who to one extent or another A compelling example of the im- While Global Affairs Canada’s fund LGBT civil society groups, pact of such funding can be seen funding for LGBTI programming the Canadian International De- in Vietnam, where the Embassy of through the Canada Fund for velopment Agency [now a branch Canada sponsored a USD 24,000 Local Initiatives is noteworthy, project entitled “LGBT rights are within Global Affairs Canada], by much work remains to be done. human rights: Building capaci- contrast, places gay rights in the At present, there is no evidence ty to sustain the movement for “closet” and makes sexuality in- to suggest that Canada’s inter- LGBT human rights at the nation- national development funding visible throughout its programs 43 al and local levels.” The project (which is distinct from the dip- and projects.” enabled the ICS Centre (a Viet- lomatic funds made available namese LGBT organization) to to and through Canada’s High Since this time, we have seen expand its outreach work to an some moderate improvements Commissions and Embassies) has additional 15 provinces through in Canada’s funding of LGBTI hu- been expanded to explicitly in- an online campaign, a Diversity man rights organizations through clude the human rights of LGBTI Festival, and the dissemination of the diplomatic budget of what people. Instead, funding appears research about LGBT issues in

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DIGNITY

LOGO FOR THE CANADIAN-GOVERNMENT SPONSORED PROJECT “EMBRACING LGBT RIGHTS” IN VIETNAM. CREDIT: ICS CENTRE (WWW.FACEBOOK.COM/ICSVN)

to be limited to the flexible but sive of LGBTI populations. Hence, generous development donor, in short-term, one-off funds made while substantive evidence 2014 Canada’s percentage con- INITIATIVE tribution of GDP to overseas de- available through the Canada suggests that LGBTI individuals are Fund for Local Initiatives. As a re- likely to be affected by phenom- velopment assistance placed the country 16th among the OECD’s sult, the Government of Canada ena like gender-based violence 48 28 donor countries for whom data has been unable to fund activists or HIV, there is little evidence was available.50 Canada’s funding and organizations in implement- to suggest that Canada’s de- for international democracy, gov- ing the multi-year programs that velopment portfolios in these

HUMAN RIGHTS GLOBALLY ADVANCING LGBTI ernance, and human rights pro- are required for lasting change areas have taken adequate gramming fell by 28 per cent be- to take place. Further, global steps to ensure that these pro- tween 2008/2009 and 2013/2014 LGBTI programming on the part grams are mainstreamed to alone.51 The current Government of Canadian NGOs, such as ARC become accessible to LGBTI of Canada has pledged a commit- International’s work at the UN, communities around the world. ment to boost overseas develop- the Canadian HIV/AIDS Legal ment assistance; however, Cana- Network’s work in the Caribbean, Overseas development assis- dian Prime Minister Justin Trudeau Egale Canada’s work in Monte- tance: Further, Canada’s overall has also recently expressed con- negro, Equitas’ work in Haiti, and commitment to international de- cerns that the UN target of 0.7% velopment has reached alarmingly 52 Oxfam Canada’s work in Pakistan, may be “too ambitious.” low levels in recent years. In 2015, Zimbabwe, and South Africa, has Canada’s official development as- Anti-discrimination provisions: been largely funded by foreign sistance rested at less than 0.28% Finally, there is some evidence to governments and private donors of overall GDP – far below the suggest that direct public funding with little or no support from the UN target of 0.7% originally pro- and the subsidization of Canadian Canadian government. posed by former Canadian Prime charitable organizations may have Minister Lester B. Pearson in 1969 supported Canadian civil society The omission of LGBTI issues with- and repeatedly re-endorsed at the organizations and foreign organi- in Canada’s international devel- highest level at development and zations that have attempted to ad- opment funding has also meant international aid conferences.49 vocate for intolerance, hatred, and that Canada’s development pro- While Canada had previously discrimination toward LGBTI peo- gramming is unlikely to be inclu- been recognized as a relatively ple by lobbying foreign govern-

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DIGNITY INITIATIVE HUMAN RIGHTS GLOBALLY ADVANCING LGBTI

THE JUDGES’ CHOICE FOR BEST PHOTOGRAPH IN A COMPETITION THAT ICS COORDINATED WITH THE SUPPORT OF THE CANADIAN GOVERNMENT. ​ ICS CENTRE (WWW.FACEBOOK.COM/ICSVN)

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ments to adopt anti-LGBTI laws.53 and through the European Exter- Below is a small sampling of the Further research and transparency nal Action Service.55 breadth and depth of projects re- is required in order to ensure that While comprehensive data is not lated to LGBTI rights that donor funding does not inadvertent- available for all countries, there countries have sponsored in re- ly support organizations actively are examples from several coun- cent years: working to undermine the human tries that illustrate that substan- • “Being LGBT in Asia – Phase rights of LGBTI people. tive funding has been dedicated 2,” focused on strength- DIGNITY to the advancement of human ening LGBTI civil society in rights and development for LGBTI Good practices from China, Indonesia, the Phil- communities. In 2010, the Swed- other countries: ippines and (joint Financial assistance: A number of ish International Development contributions by the Embas- countries have emerged as inno- Agency (SIDA) committed USD vative and collaborative funders 5,068,800 to LGBTI programming sy of Sweden in Bangkok, of global human rights program- internationally and the Norwegian USAID, and UNDP: USD 60 ming for LGBTI people. For exam- Ministry of Foreign Affairs commit- 8,000,000) ple, within recent years, at least ted USD 2,123,200.56 From July • “Improving LGBT rights INITIATIVE two funds have been developed 2012-December 2013, USAID and in South Asia through to advance the human rights of several Swedish organizations in- strengthening CSOs” LGBTI people globally: the “Fund vested USD 11 million in program- [Civil Society Organizations] ming to support the work of local for Human Rights, Sexual Orien- (contribution by Swedish LGBT organizations abroad,57 and tation, and Gender Identity,” led International Development by France, and, most notably, the Sweden has pledged an addition- Agency – USD 2,428,600)61 “Global Equality Fund” – a collab- al USD 11,000,000 to support the HUMAN RIGHTS GLOBALLY ADVANCING LGBTI • Promoting and Protecting oration of various governments, Global Development Partnership Human Rights of Sexu- foundations, and corporations in 2015 and 2016.58 Since 2010, al Minorities in Pakistan, managed by the U.S. Department the Netherlands has funded over Zimbabwe, and South Africa of State. Both of these funds bring 50 projects focused on the human together public and private actors rights of LGBTI people via the (project coordinated by to support local initiatives that ad- Dutch NGO Hivos alone.59 Oxfam Canada, contribution vance the human rights of LGBTI by the Ministry of Foreign people. Additionally, in 2013, Affairs of the Netherlands: USAID built the LGBT Global De- USD 2,401,100)62 velopment Partnership with ap- • Core funding support for proximately 30 resource partners the Turkish NGO Kaos (including NGOs, governments (contribution by the Swedish and corporations). This USD 16 International Development million, four-year public-private Agency – USD 1,585,100)63 partnership spans 15 countries • Consolidating the Move- and supports work to advance hu- ment for the Human Rights man rights as well as LGBTI entre- of LGBTI people and the preneurship.54 Additionally, sever- Fight Against Homophobia al projects aimed at defending the rights of LGBTI people have been in Haiti (project coordinated supported by the EU through the by Equitas, contribution by European Instrument for Democ- the European Union: USD racy and Human Rights (EIDHR) 863,700)64

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• “Strengthening Defense Mainstreaming LGBTI issues Anti-discrimination provisions: and Enforcement of Human within development funding: Additionally, several countries Rights of Colombia’s LGBT These funding commitments are have taken explicit measures to Community” (contribution also complemented by policies ensure that government funding by the European Union: USD and research that acknowledge is not used to promote intolerance 848,600)65 how and why the human rights and discrimination against LGBTI • “Non-State Actors and Local of LGBTI people should be people. For example, Norway’s DIGNITY Authorities in Development” mainstreamed into international embassy guidelines state that Nor- (designed to promote development assistance. For wegian foreign missions should gender and sexual diversity example, the Swedish Interna- “refrain from supporting organi- in China; contribution by tional Development Cooperation zations that promote attitudes or the European Union: USD Agency has been at the forefront activities that are hostile to LGBT 773,600)66 of mainstreaming LGBTI issues in people,”75 and USAID has recom- • “Ji-Sort: LGBT Capacity De- their aid sector, as can be seen in mended that recipients of USAID velopment Programme for their 2007-2009 Action Plan on development contracts should not East Africa: Kenya, Uganda, Sexual Orientation and Gender discriminate.76 More significantly, INITIATIVE Tanzania, Burundi and Rwan- Identity.71 The Swedish model is the EU explicitly prohibits discrim- da” (contribution by Ministry also noteworthy insofar as the ination on the basis of sexual ori- of Foreign Affairs of the human rights of LGBTI people entation or gender identity in their Netherlands: USD 180,720)67 have been integrated into a Socially Responsible Public Pro- • “Supporting LBT Human broader framework of sexual and curement guidelines.77 Rights in Central America” reproductive health and rights.72 4.3 USING CANADA’S HUMAN RIGHTS GLOBALLY ADVANCING LGBTI (contribution by Ministry of USAID has released an LGBT DIPLOMATIC INFLUENCE Foreign Affairs of the Neth- Vision, which demonstrates a TO CLEARLY AND PUBLICLY erlands: USD 203,300)68 strong awareness of how LGBT DEFINE A COMMITMENT • “Advancing the Human human rights intersect with other TO THE HUMAN RIGHTS Rights of Trans People” development priorities. During OF LGBTI PEOPLE IN CAN- (global project; contribu- 2013-2014, the UK Department ADA’S BROADER FOREIGN tion by Ministry of Foreign for International Development POLICY, INCLUDING WITH Affairs of the Netherlands: (DfID) worked with civil society RESPECT TO INTERNATION- AL DEVELOPMENT USD 113,000)69 agencies to share practices on • “Strengthening the Col- how LGBT rights can be protect- lectives of Sex Workers ed through poverty reduction Why it matters: Publicly and behind the scenes, and Sexual Minorities in programming; in February of international diplomacy can sup- Karnataka”(contribution by 2016, DfID released its official port governments, organizations, Ministry of Foreign Affairs approach on integrating the hu- and communities in advancing of the Netherlands: USD man rights of LGBTI people into the human rights of LGBTI peo- 67,800)70 its development programming.73 ple. In 2009, Rwanda chose not DfID has also funded the Insti- to enact a law criminalizing con- tute for Development Studies’ sensual same-sex relations, in research and toolkits regard- part because of the international ing the intersections between community’s criticism of the pro- poverty, sexual orientation, and posal.78 During that same year, gender identity.74 the Nicaraguan government col-

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laborated with Norway and the bill during an Inter-Parliamentary United States in developing the Union meeting in 2012, Ugandan position of “Sexual Diversity Om- parliamentary speaker, Rebecca budsman,” responsible for moni- Kadaga, replied that “If homo- toring and upholding the human sexuality is a value for the peo- rights of LGBTI individuals.79 ple of Canada, they should not DIGNITY These initiatives demonstrate seek to force Uganda to embrace just how influential and effective it;” she also pledged to try and multiple forms of diplomacy can pass the bill before December as be, while also highlighting sev- a “Christmas gift” to Ugandans. eral principles (such as partner- In response, she was met with a ship and the need for discretion thunderous welcome from sever- in some instances) that can help al hundred supporters at Ugan- ACTIVISTS AT MUMBAI PRIDE, INCLUDING increase the effectiveness of dip- da’s Entebbe airport upon her REPRESENTATIVES OF THE CANADIAN CONSULATE. lomatic efforts. return.81 While public criticisms CREDIT: KARIM LADAK INITIATIVE may be an effective diplomatic Where Canada tool to use in some particular cir- Training: However, we did not stands: cumstances, this anecdote sug- find any evidence to suggest Bilateral diplomatic gests that “loud” diplomacy can that High Commissions and Em- engagement: During the last also sometimes backfire despite bassies are consistently provided few years of the Harper govern- good intentions. Such actions with adequate training, resourc- ment’s time in office, government should in all cases be scrutinized es, or support in their efforts to HUMAN RIGHTS GLOBALLY ADVANCING LGBTI officials did speak out against for risks and consequences, and integrate the human rights of laws criminalizing LGBTI people, local LGBTI communities’ insights LGBTI people into their diplo- including by condemning Ugan- should always be weighed into matic work. While training on the da’s new anti- homosexuality law decision-making on such issues. human rights of LGBTI people is (ultimately adopted in 2014, al- included in an advanced human though later invalidated on pro- Given the delicate and contest- rights training course, there is no cedural grounds by the courts) ed nature of LGBTI organizing in evidence to suggest that these and Russia’s new federal law many contexts, some of Canada’s trainings have reached a sub- in 2013 against “promotion of diplomatic engagement on the stantive number of Global Affairs non-traditional sexual relations” human rights of LGBTI people Canada staff. Global Affairs Can- (commonly referred to as the law is inevitably and rightfully con- ada does have one official with a against so-called homosexual ducted with discretion. Some portfolio focused on LGBTI issues. propaganda).80 However, there Embassy and High Commission This is noteworthy, but is also not is no evidence to suggest that staff have demonstrated an ex- sufficient to adequately support these actions were taken on the ceptionally nuanced understand- the range of work required within basis of consultation with local ing of how to most effectively Global Affairs Canada to support activists. Further, in the case of support the human rights of LGB- the human rights of LGBTI peo- Minister Baird’s criticism of Ugan- TI people, and these efforts are ple. A group of policy advisors is da, it appears that these diplo- less well known precisely because needed to ensure that Canadian matic efforts backfired: follow- they fail to make headlines. missions are provided with up-to- ing Minister Baird’s criticism of date information and to enable Uganda’s horrific “Kill the Gays” the Government of Canada to

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effectively engage with the range Canada has yet to join key LGBTI been trained and made aware of international organizations and global rights initiatives, such as of USAID’s new LGBTI policy.90 human rights bodies in which the the UN LGBT Core Group and human rights of LGBTI people are the Fund for Global Equality.87 Many of these countries have un- being discussed.82 derscored the importance of con- DIGNITY Recent efforts on the part of sidering the full range of possible Multilateral diplomatic the current government suggest diplomatic responses to LGBTI engagement: The Government that Canada is determined to human rights violations. They of Canada has raised concerns re-emerge as a well-respected have also highlighted that puni- regarding the human rights of multilateral player committed tive actions like donor sanctions LGBTI people in various interna- to human rights. For example, or official condemnations may tional forums, including the Or- the speech by the Foreign Af- prove effective in some contexts, ganization for Security and Coop- fairs Minister at the UN Human but that alternative strategies eration in Europe83 and meetings Rights Council in early 2016 may often be deemed more suit- INITIATIVE of the Commonwealth, where the reiterated Canada’s commit- able on the part of local activists. Harper government denounced ment to multilateralism and Alternatives to punitive action the criminalization of consen- human rights, including the hu- can include supporting human sual same-sex sexual relations man rights of LGBTI people.88 rights defenders and their allies within many Commonwealth directly (with funding and, when countries.84 However, the Harper Good practices from strategic, with public demonstra-

HUMAN RIGHTS GLOBALLY ADVANCING LGBTI government’s widely discussed other countries: tions of support), holding private disengagement from various oth- Training: Many countries that ad- bilateral meetings with heads of er multilateral forums, such as vance the human rights of LGBTI state and/or government and the UN, weakened its influence people within their foreign policy diplomatic staff regarding viola- in multilateral diplomacy, as was have strengthened their capacity tions of LGBTI people’s human perhaps best evidenced by Can- to do this work well by providing rights, and attending the trials of ada’s failure to win its bid for a training to diplomats, develop- LGBTI individuals who have been seat in the UN Security Council ment workers and other staff. For incarcerated.91 in 2010.85 Moreover, the previ- example, the EU, Norway, the ous Conservative government’s United Kingdom, and the Unit- Learning: Several countries have prioritization of trade policy over ed States have each developed also demonstrated significant other mechanisms of diplomatic detailed manuals on the human leadership in documenting and influence, such as official devel- rights of LGBTI people and, as advancing a learning agenda in opment assistance, may have in the case of the Netherlands order to better inform foreign also served to hamper its ability and Sweden, training programs policy in relation to the human to effectively advance the human on the effective advancement of rights of LGBTI people. In 2011, rights of LGBTI people.86 Cana- LGBTI people’s human rights.89 the United States’ Bureau of Af- da has made recommendations The United States has also de- rican Affairs compiled a compre- pertaining to the human rights veloped training related to the hensive review of every country’s of LGBTI people during the UN human rights of LGBTI people LGBT context in order to guide Human Rights Council’s Univer- for USAID staff; as of 2014, over US diplomats’ work across the sal Periodic Reviews. However, a thousand staff members had continent.92 The European Union

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Agency for Fundamental Rights Rights Council have played an im- cluding one calling for the revo- (FRA) has commissioned excellent portant role in advancing LGBTI cation of laws criminalizing LGBTI research that examines discrim- people’s human rights through persons within the EU.100 Since ination against LGBTI persons initiatives such as the adoption of 2008, the OAS General Assembly across the European Union,93 and the first UN resolution on human has adopted an annual resolution DIGNITY the British Department for Inter- rights violations based on sexual on sexual orientation and gender national Development (DFID) has orientation and gender identity identity, which has condemned funded research with the Institute in 2011,96 followed by another acts of violence and human rights for Development Studies regard- landmark resolution in 2014.97 violations and has called on states ing ways to achieve LGBT equali- Additionally, over 45 UN member to prevent and investigate these ty globally.94 states have utilized the UN Hu- acts.101 Within the Common- man Right Council’s Universal Pe- wealth, support for the human Multilateral engagement: A riodic Reviews of member states rights of LGBTI people has been number of countries have col- as a platform through which to acknowledged through a number INITIATIVE 102 laborated to advance the human engage other states in dialogue of speeches and through the rights of LGBTI people through on the human rights of LGBTI new 2013 Commonwealth Char- intergovernmental forums such people; several countries (as well ter, which commits the Common- as the United Nations, the Euro- as NGOs) have also supported lo- wealth to “equality and respect pean Union, and the Common- cal LGBTI activists in raising their for all without discrimination on wealth. Within the UN in New concerns via these channels.98 any grounds” (although it does HUMAN RIGHTS GLOBALLY ADVANCING LGBTI York, a cross-regional group In the European Union, member not explicitly refer to sexual ori- known as the LGBT Core Group states have also integrated re- entation, gender identity or ex- has emerged as a forum to ad- porting on the human rights of pression, or intersex status).103 dress LGBTI matters at the glob- LGBTI people into Annual Prog- al level. At present, the LGBT ress Reports for countries being Finally, in 2014 the African Com- Core Group includes Argentina, considered as candidates for EU mission on Human and Peoples’ Australia, Brazil, Chile, Colom- membership. Regionally, coun- Rights adopted a “Resolution bia, Croatia, El Salvador, France, tries such as Argentina, Colom- on the Protection Against Vio- Israel, , Montenegro, The bia, and the United States have lence and Other Human Rights Netherlands, New Zealand, Nor- raised issues of LGBTI people’s Violations Against Persons on way, Uruguay, the United King- human rights through their in- the Basis of their Real or Imput- dom, and the United States, as volvement within regional bod- ed Sexual Orientation or Gender well as the European Union, the ies such as the Organization of Identity,” which condemned the Office of the High Commissioner American States (OAS), the In- increasing incidence of violence for Human Rights, Human Rights ter-American Commission on Hu- and other human rights violations Watch, and the OutRight Action man Rights, and the Pan-Ameri- and called on countries to pro- International (formerly the Inter- can Health Organization.99 hibit and punish such violence, national Gay and Lesbian Human as well as to ensure proper inves- Rights Commission).95 Following The EU Parliament has passed a tigations and the prosecution of significant efforts by civil society, series of resolutions on the hu- perpetrators.104 member states of the UN Human man rights of LGBTI people, in-

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Engagement with civil society: whole- of-government approach Where Canada stands: A number of countries have in- to addressing the human rights For many years, the Canadian 108 vested in building relationships of LGBTI people globally, and government’s stance towards with civil society organizations fo- Secretary Clinton’s 2010 Qua- LGBTI asylum seekers was laud- cused on advancing LGBTI peo- drennial Diplomacy and Devel- ed internationally as a model. DIGNITY ple’s human rights. For example, opment Review explicitly sought In 1993, Canada became one of the UK Department for Interna- to promote greater collaboration the first countries in the world tional Development is a regis- between USAID and the U.S. to extend refugee protection on tered member with the Interna- State Department with respect to the basis of sexual orientation or tional Gay, Lesbian, Bisexual, the human rights of LGBTI peo- gender identity.111 Today, Canada 105 109 Trans and Intersex Association. ple. is one of approximately 40 coun- The US State Department has tries that, consistent with the UN collaborated closely with the civil 4.4 SUPPORTING REFUGEES High Commissioner for Refugees’ INITIATIVE society organization, the Council AND FACILITATING ASYLUM guidelines, have granted asylum for Global Equality, in coordinat- IN CANADA FOR LGBTI PEO- to individuals on the basis of per- ing events and exchanging policy PLE FLEEING PERSECUTION secution because of sexual orien- ideas. Similarly, Norway collabo- tation or gender identity. 112 rates with the National Associa- Why it matters: tion for Lesbians, Gays, Bisexuals, Canada has international and In 2011, the federal government and Transgender People (LLH) constitutional obligations to sup- partnered with the Rainbow Ref- HUMAN RIGHTS GLOBALLY ADVANCING LGBTI and the Netherlands works close- port refugees and to facilitate ugee Committee in Vancouver in 110 ly with the LGBT organisation asylum for LGBTI people. In pledging $100,000 to develop a COC Nederland, among other light of the substantive scale of pilot project that supports LGBTI 106 civil society actors. At the EU human rights violations that LGB- refugees; subsequently, the Rain- level, civil society organizations TI people face globally, many are bow Refugee Assistance Program are now formally included in forced to flee their countries of was expanded with the support preparations for and debriefing origin. When they do so, these of Rainbow Railroad in Toronto of the Human Rights Dialogues LGBTI refugees often face double and the Rainbow Refugee Asso- that the EU holds with over thirty marginalization: as forcibly dis- ciation of Nova Scotia.113 With 107 non-EU countries. placed persons, they encounter secured funding from the feder- the uncertainties and risks that al government slated to expire Cross-departmental collabora- refugees navigate in the process in 2017, these programs require tion: Finally, several governments of seeking asylum. Moreover, as longer-term financing in order have taken measures to foster LGBTI individuals, these refugees to continue to provide effective internal cross-departmental col- face persecution and isolation services. Further, much more laboration on advancing the hu- among other refugees. Activists substantive funding is required man rights of LGBTI people. For are often at particular risk at ev- in order to ensure that LGBTI ref- example, President Obama’s ery stage of this process in light ugees receive the quality of ser- December 2011 Presidential of these individuals’ visibility and vice and support that they need Memorandum on LGBTI human the threat of persecution and vio- and deserve. rights called for a cross-agency, lence that this may entail.

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More broadly, Canada’s leader- the previous government’s pro- and no information is provided ship in LGBTI refugee policy has visions that government-assisted regarding the verification of their been eclipsed as other countries refugees need to be referred by claims of persecution based on develop stronger supports/pro- the UNHCR or a designated re- their sexual orientation or gen- DIGNITY cesses for LGBTI asylum-seekers ferral organization creates an ad- der identity. This makes it difficult and as recent changes to Cana- ditional hurdle for LGBTI refugee for private sponsorship groups to da’s refugee regime hinder Cana- claimants since none of Canada’s assess the fit of the refugee for da’s compliance with internation- LGBTI refugee organizations have their group. Additionally, some al standards. As will be detailed designated referral status.115 Sim- private sponsorship groups have below, substantive changes are ilar provisions within the BVOR experienced situations where needed in order to ensure that program decrease the chances the refugee’s gender identity or Canada is adequately respecting of LGBTI refugees being placed sexual orientation does not align INITIATIVE the rights of LGBTI refugee claim- on this list, since many LGBTI with the information they were ants. asylum-seekers may understand- given about the refugee before ably feel hesitant to disclose their agreeing to sponsorship.117 Barriers to arriving safely in sexual orientation and/or gender Canada: The Canadian govern- identity to UNHCR officials in a Processing wait times overseas ment’s resettlement programs third country.116 Canadian LGB- also presents a substantial bur-

HUMAN RIGHTS GLOBALLY ADVANCING LGBTI include government-assisted ref- TI refugee organizations are not den: having a Canadian visa pro- ugees, privately sponsored ref- consulted in developing these cessed at Canadian visa offices ugees, and refugees sponsored lists, which is unfortunate for at around the world generally en- through the Blended Visa-Office least two reasons. First, these or- tails a wait time of at least one Referred (BVOR) program creat- ganizations liaise regularly with year, and in many cases these ed in 2013, which combines part- LGBTI refugee claimants around wait times can take many years nership between the UN High the world and are well positioned more.118 In the words of a recent Commissioner for Refugees (UN- to provide recommendations re- report by Envisioning Global HCR), the Government of Cana- garding eligible claimants. Sec- LGBT Human Rights, funded by da, and private sponsors.114 ondly, when cases are referred to the Social Sciences and Human- private sponsors under the BVOR ities Research Council (SSHRC), Across these programs, LGBTI program, very little information “[f]or LGBT asylum seekers, many refugees are disadvantaged in on the refugee is provided to the of who may be in a country of ref- a number of ways. For example, sponsorship agreement holder uge no safer than their country

“PREJUDICES DON’T DISAPPEAR WHEN ONE CROSSES THE BORDERS, THOSE WHO ARE PERSECUTED IN THEIR HOME COUNTRIES FOR BEING GAY ARE ALSO BEING TARGETED IN REFUGEE SHELTERS...”–(MICHAEL GLAS, FLIEDERLICH ASSOCIATION, IN CHARGE OF FIRST LGBT SHELTER IN GERMANY)

PAGE 25 DIGNITY INITIATIVE DIGNITY INITIATIVE HUMAN RIGHTS GLOBALLY ADVANCING LGBTI

of origin and who may be under viduals.122 Asylum-seekers from their likelihood of submitting a constant danger of their identity DCOs are not granted access successful claim.124 being exposed, 2 to 5 years may to appeals through the Refugee as well be an eternity.” 119 Appeals Division and their claims Further, LGBTI refugee claim- are processed in a shorter time ants face particular challenges DIGNITY Finally, the process to apply frame than those of asylum-seek- related to “proving” one’s sexual through Canada’s private spon- ers from non-DCO countries. orientation and/or gender iden- sorship program takes years While there is a need to ensure tity, particularly given that many for refugees. Given that private processing of asylum claims in a claimants had hidden their LGBTI sponsors are not able to spon- timely fashion once they are filed, identity in their country of origin sor someone within the asylum such drastic curtailing of the time for safety reasons. For some claim- seeker’s original country, this can available for putting together a ants, the categorization of sexual mean that refugees are forced properly substantiated claim for orientation, gender identity, and to wait in dangerous third coun- asylum-seekers from supposedly gender expression as “LGBTI” INITIATIVE 120 tries. In the case of Syrian ref- “safe” countries on the DOC list might be foreign, with the result ugees, Canada’s ability to quickly must be revisited. In early 2016, that claimants are not knowl- resettle 25,000 refugees through the Minister of Immigration, Ref- edgeable about how to articu- combining private and govern- ugees and Citizenship noted con- late their status. Bisexual asylum ment sponsorship has been laud- cerns that the DCO list may be seekers and asylum seekers with ed internationally as a model for unconstitutional, which presents children often face an even great- HUMAN RIGHTS GLOBALLY ADVANCING LGBTI other countries to adopt121; ef- a welcome shift from the previous er level of incredulity on account forts should be made to expand government’s stance. However, of stereotypical assumptions re- the success of this program in or- as of this writing in April 2016, no garding how an LGBTI claimant der to expedite arrival into Can- clear commitment to dismantling “should” behave and identify.125 ada of other vulnerable groups, this list or reforming its proce- such as LGBTI refugees. dure has been advanced.123

Designated Countries of Or- Legal aid: For those refugee igin: Critically, the 2012 intro- claimants that do arrive in Can- duction of legal restrictions in ada, their ability to access legal the case of persons fleeing from aid has been compromised by a Designated Country of Origin the shorter timeline in which they (DCO) has created a barrier to must submit their claim and, in resettlement that is criticized for some provinces, by changes to violating international guidelines. legal aid at a provincial level. For DCOs are nations that the Minis- example, the Envisioning Report ter designates as being generally mentioned above documents “safe.” However, countries that how changes in 2012 to Legal Aid are deemed generally “safe” may Ontario have undermined claim- CAPTION: SOME OF THE PARTNERS AND STAFF AFFILIATED WITH THE ENVISIONING PROJECT. not be safe for particular minori- ants’ ability to access legal coun- CREDIT: ENVISIONING. ty groups, including LGBTI indi- sel, which substantially reduces

PAGE 26 DIGNITY INITIATIVE DIGNITY INITIATIVE HUMAN RIGHTS GLOBALLY ADVANCING LGBTI

LGBTI sensitivity training: A Civil society organizations that Metropolitan Community Church growing body of Federal Court support LGBTI refugees are fre- of Toronto, Rainbow Railroad in case law has chastised in-Canada quently underfunded and under- Toronto, the Rainbow Refugee decision makers for applying ste- staffed. Funding for integration Association of Nova Scotia, the reotypes and insensitivity to LGB- and support services appears Rainbow Refugee Committee in DIGNITY TI claims; it can be presumed that to be restricted to those whose Vancouver, Reaching Out Win- such stereotypes would be even claims are accepted, with the nipeg, and The 519 (a Toronto more widespread in overseas de- result that refugee claimants community centre with extensive cisions in which claimants are not going through the process are programing for the LGBTI com- represented by counsel.126 While particularly vulnerable and un- munity). Canadian asylum decision-makers der-supported. Necessary social do receive some LGBTI sensitiv- services like healthcare, mental Good practices from ity training upon being appoint- health services, and counselling other countries: INITIATIVE ed, Egale Canada, Envisioning have never been adequately ac- Bridging barriers for safe arriv- Global LGBT Human Rights, and cessible, and have become even al: In recognition of the securi- Rainbow Railroad have all artic- less so in recent years. The fed- ty risks faced by refugees and ulated a need for more compre- eral government’s restoration (in asylum seekers from vulnerable hensive and ongoing training. part), in April 2016, of healthcare groups, several countries have in- coverage for refugee and asy- stituted expedited visa processes Financial/practical support: In lum-seekers to pre-2012 levels to help ensure that these individ- HUMAN RIGHTS GLOBALLY ADVANCING LGBTI addition to the many obstacles represents an important step uals can make their way to safety. LGBTI asylum- seekers face in towards re-aligning Canadian In the United States, for example, navigating the claim process, refugee policy with our constitu- a small number of refugees and these asylum-seekers also face tion and with international stan- asylum-seekers are able to bypass woefully inadequate financial dards.128 However, much more the UNHCR through direct refer- and practical supports. Difficulty work is needed to ensure that rals to the US Refugee Admis- in accessing safe housing is an refugees and asylum seekers are sions Program by embassies or extremely common challenge adequately supported. by designated non-governmen- facing many LGBTI refugees or tal organizations. Additionally, a asylum- seekers127 and has serious Engagement with civil society: number of countries have intro- implications for these individuals’ In order for training and service duced emergency interventions safety and mental health. Many provision to be conducted ef- to ensure that individuals who LGBTI refugees and asylum-seek- fectively, in-depth consultations may not qualify for asylum or as ers feel unsafe in shelters and are with civil society organizations refugees are temporarily allowed unable to rely on family or com- that work on LGBTI asylum claims to stay in a country in cases of a munity support networks for as- is sorely needed.129 Numerous true emergency. For example, sistance in accessing housing or such organizations exist in Can- the Netherlands hosts a “Shel- resources. These problems are ada, including (but not limited ter City Initiative,” in which hu- compounded by the fact that to) AGIR in Montreal, the Black man rights defenders can obtain reliable employment can be elu- Coalition for AIDS Prevention, three-month temporary shelter in sive for LGBTI refugees and asy- Capital Rainbow Refuge, Egale one of six cities. Norway grants lum-seekers. Canada Human Rights Trust, the temporary residence permits on

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humanitarian grounds, and EU that refugees and asylum-seek- regularly provide staff members guidelines encourage member ers fleeing legitimate fears of of the Swedish Migration Board states to issue emergency visas persecution based on real or per- with training on sexual orienta- to human rights defenders at risk. ceived sexual orientation will be tion and gender identity.138 The Finally, the European Commis- disadvantaged.135 In Belgium and U.S. Bureau of Population, Refu- DIGNITY sion for Democracy and Human France, judicial authorities have gees and Migration trains reset- Rights and the U.S. State Depart- called into question the designa- tlement staff, program officers, ment both offer emergency fund- tion of some countries as “safe” and refugee coordinators on the ing for human rights defenders; countries of origin. Further, the challenges often faced by LGBT among other eligible expenses, UNHCR has stressed that includ- refugees,139 in addition to pro- these funds can be used to help ing the right to appeal a decision viding LGBT-specific guidance offset travel costs if emergency denying refugee status is vital in UNHCR policies and manuals relocation is necessary. 133 to the integrity of any system in for staff.140 Finally, in response to INITIATIVE which some countries are cate- a 2013 report by COC Nether- Designated Countries of Origin: gorically designated as “safe” – a lands about the poor treatment While Canada is not alone in its provision that appears to be met and discrimination faced by LGB- controversial decision to adopt by many countries, yet remains TI refugees in the Netherlands, a list of “designated countries conspicuously absent in Canada’s the government responded by of origin,” these measures have current regime.136 setting up anti-discrimination been widely criticized and imple- sessions for government inter- HUMAN RIGHTS GLOBALLY ADVANCING LGBTI mented differently in different LGBTI sensitivity training: Ad- viewers, as well as an anonymous countries. For example, a recent ditionally, a number of countries complaint procedure at asylum report by Asylum Information Da- have acknowledged that igno- centres.141 tabase found that 15 out of the rance and stereotypes have im- 28 EU Member States apply a peded LGBTI asylum seekers Engagement with civil society: “safe country of origin” concept and refugees’ claims, and have Another best practice related to in their procedures, and seven subsequently introduced or ex- the advancement of the human EU Member States have made panded sensitivity training for rights of LGBTI refugees and national legal provisions to this decision-makers. For example, asylum-seekers involves in-depth effect.134 These provisions have the UK Home Office instituted collaboration with and the pro- been accompanied by significant mandatory training sessions on vision of support to civil society criticism. For example, a report sexual orientation and gender organizations, both in countries by COC Nederland and Vrije Uni- identity issues; the increased from which people seek to flee versity Amsterdam criticized the awareness that resulted may have as well as domestically. As the Czech Republic, France, Germa- contributed to an increase in the previous paragraph illustrat- ny, Malta, Slovakia, Spain, Swit- number of successful LGBTI refu- ed, collaborations and dialogue zerland, and the United Kingdom gee claimants from 28 per cent in with COC Netherlands and RFSL for issuing “safe country of ori- 2009 to 37 per cent in 2013.137 enabled the Netherlands and gin” lists that included countries The Swedish Federation for Les- Sweden, respectively, to better in which same-sex sexual acts bian, Gay, Bisexual, and Trans- advance decision- makers’ abil- are criminalized, with the result gender Rights (RFSL) actively and ity to make informed decisions

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regarding asylum claims. The UK civil society organizations, across and concern that they deserve. Government has stated its com- Canada and around the world. mitment to collaborating with the In recent years, many countries, Canada is well positioned to ad- NGO Stonewall in order to refine including Canada, have tak- vance the human rights of LGB- its processing of SOGI-related en unprecedented and greatly TI people globally. Our country DIGNITY asylum claims.142 The U.S. State needed steps to advance the boasts civil society organizations Department has also emerged as human rights of LGBTI people bi- that are active at the global lev- a collaborator and funder of the laterally, regionally, and through el and are internationally recog- Organization for Refuge, Asylum, multilateral forums. Informed by nized for their significant work in and Migration (ORAM), which is the work of civil society and the advancing the human rights of in the process of developing a approaches of other countries LGBTI people. Canada’s multicul- suite of resources “that enhance around the world, Canada can turalism has facilitated networks the quality and efficiency of de- and should do more to demon- between diaspora LGBT activ- INITIATIVE cision-making and build protec- strate its international leader- ists and communities around the tion capacity in SOGI asylum ship in strengthening the human world. Finally, Canada is a mem- and refugee cases.”143 Finally, rights of LGBTI people. This re- ber of a number of relevant mul- the U.S. Office of Refugee Re- port contributes to an ongoing tilateral and international organi- settlement awarded funding to dialogue about Canada’s role in zations through which the human the Heartland Alliance to create supporting LGBTI people’s hu- rights of LGBTI individuals can be the Rainbow Welcome Initiative, man rights globally and we look strengthened. These include the HUMAN RIGHTS GLOBALLY ADVANCING LGBTI which supports the resettlement forward to further research and Commonwealth, La Francopho- of LGBT refugees and asylum documentation of good practices nie, the OAS, and UN agencies, seekers.144 in this increasingly important area among others. Canada should of international human rights pol- build on its commitment to icy development. champion human rights globally 5. Conclusion by ensuring that LGBTI people’s A clearer and stronger Canadian We also note that most program- human rights are an integral part voice is needed on supporting ming and policy work in support of its foreign policy and actions at human rights globally, includ- of the human rights of LGBTI peo- home and abroad. ing the rights of LGBTI people. ple have focused predominantly The 22 recommendations outlined on the rights of LGB individuals. in the Dignity Initiative’s Call to Far more research, programming, Action (see Annex) are aimed at and policy are required in order strengthening Canada’s contri- to ensure that human rights vio- butions to that global project, lations faced by trans individuals through collaboration between and intersex individuals, in par- the Government of Canada and ticular, are afforded the attention “AS AN INTERNATIONAL TRANS ACTIVIST, I FOLLOW WHAT IS GOING ON IN CANADA AND I HOPE THAT CANADA WILL BE A PARTNER WITH US IN FIGHTING FOR AROUND THE WORLD.” –KATH KHANGIPOON, THAI TRANSGENDER ALLIANCE

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DIGNITY

INITIATIVE

HUMAN RIGHTS GLOBALLY RIGHTS HUMAN ADVANCING LGBTI ADVANCING

CANADIAN MEMBERS OF THE SOUTH ASIAN DIASPORA PARTICIPATING IN MUMBAI PRIDE

PAGE 30 DIGNITY INITIATIVE DIGNITY INITIATIVE ANNEX:A CALL A CALL TO TO ACTION ACTION HOW CANADA CAN DEFEND AND PROMOTE HUMAN RIGHTS FOR LGBTI PEOPLE AROUND THE WORLD ecent years have witnessed More than 80 countries or territories Recent years have witnessed significant prison — or even death in a handful of progresssignificant in many progresscountries in around many the settings.worldwide In some criminalize places, defending the expression, the worldcountries in the realization around of the the world fundamental in humanidentity rights or of existence LGBTI people of LGBTI is a crime. people, Rthe realizationhuman rights of the of lesbian, fundamental gay, bisexual, human Political,with harshreligious penalties and other of communityyears or life in rightstransgender of lesbian, and gay, intersex bisexual, (LGBTI) transgen people,- leadersprison have — fomented or even deathhatred inagainst a handful of der andfrom intersex securing (LGBTI) decriminalization people, from of our LGBTIsettings. people, In including some places, calling defending for ex- the sexuality and protection against discrim- termination and beheading. Some media securing decriminalization of our sexuality human rights of LGBTI people is a crime. ination to achieving recognition for our outlets have actively encouraged prosecu- BACKGROUND TO THE and protection against discrimination to Political, religious and other community relationships and families. tion, imprisonment and even murderous DIGNITY INITIATIVE achieving recognition for our relationships leaders have fomented hatred against LG- violence against LGBTI people. We have In March 2014, motivated by a commitment to and families. BTI people, including calling for extermi- But even where important gains have seen numerous instances of hate crimes international solidarity against the backdrop been made on some fronts, the recog- andnation mob violence, and beheading. including horrifficSome media outlets of a rash of new laws and acts of violence But even where important gains have been nition and protection of rights remains assaults,have tortureactively and encouraged so-called “corrective prosecution, targeting LGBTI people, dozens of civil society made on some fronts, the recognition and uneven. Trans people remain particularly rape”imprisonment and murder of and LGBTI even people murderous and vio- groups Canada-wide issued an open letter to protectionvulnerable, of rights and remainsoften without uneven. adequate Trans of human rights defenders who have lence against LGBTI people. We have seen the Minister of Foreign Affairs endorsing an peoplelegal remain protection, particularly while the vulnerable, rights of and dared to speak out publicly about abuses. numerous instances of hate crimes and initial plan of action for Canada to play an oftenintersex without people adequate rarely legal receive protection, much mob violence, including horrific assaults, active and constructive role in supporting the discussion at all. Meanwhile, gender- The United Nations (UN) Secretary while the rights of intersex people rarely global protection and realization of the funda- based violence remains a reality for many General,torture Secretary and so-called General, “corrective the UN High rape” and receive much discussion at all. Mean- mental human rights of LGBTI people. In June LBTI women, including violence motivated Commissionermurder of LGBTIfor Human people Rights and and of while, gender-based violence remains a 2014, the international Human Rights Confer- by real or perceived sexual orientation, manyhuman world rights leaders defenders have condemned who have dared reality for many LBTI women, including ence at WorldPride in Toronto brought together gender identity or gender expression. suchto violations speak out of publicly basic human about rights. abuses. violenceFactors motivated such as class,by real race, or ethnicity,perceived They have called on countries to desist dozens of groups and hundreds of people from sexual(dis)ability, orientation, HIV gender status, identitymigrant status,or gen - from such persecution, to decriminalize across Canada and around the world. It further The United Nations (UN) Secretary der expression.drug use, incarceration Factors such and as sex class, work race, LGBTI people and to protect against highlighted the work that remains to be done in General, Secretary General, the UN High ethnicity,often (dis)ability, exacerbate theHIV vulnerability status, migrant of violence and abuse. In international Canada to secure full human rights, as well as LGBTI people to discrimination, forums,Commissioner Canada has forfairly Human consistently Rights and the struggle for basic human rights still faced status, drug use, incarceration and sex violence and other human rights abuses. beenmany a solid world supporter leaders of universalhave condemned such by LGBTI people elsewhere around the globe. work often exacerbate the vulnerability of humanviolations rights protectionof basic human for LGBTI rights. They LGBTI people to discrimination, violence Meanwhile, even as there is progress in people.have But called such on statements countries are to notdesist from To build on these efforts, in 2015 a working and othersome humancountries, rights there abuses. has been a backlash enough. Without a more concerted, such persecution, to decriminalize LGBTI group of committed organizations and in other places against basic human rights ongoing response to legislated people and to protect against violence and individuals came together to launch the Dignity Meanwhile,for LGBTI even people. as there These is progresstroubling in discrimination and public hate abuse. In international forums, Canada has Initiative, with the twin objectives of strength- developments are often part of a broader mongering, the message to political some countries, there has been a backlash ening both international solidarity work by pattern of human rights abuses and andfairly religious consistently leaders adopting been a solidand supporter in other places against basic human rights Canadian civil society groups and Canada’s of scapegoating particular communities advocatingof universal such humanlaws and rights violence protection is for for LGBTI people. These troubling devel- foreign policy commitment to supporting the and suppressing civil society freedoms thatLGBTI they can people. continue But to such do so statements with are not opments are often part of a broader pattern realization of human rights for LGBTI people for political purposes. All too often, impunity.enough. The Without predictable a more result concerted, is the ongo- of human rights abuses, and of scapegoat- internationally. The working group includes these situations reflect a broader culture furthering responsespread of suchto legislated persecution discrimination and ing particularof corruption communities and impunity and for suppress those - more human rights abuses that destroy representatives of organizations from around and public hate-mongering, the message to ing civilcommitting society freedomsa wide range for of political human lives, families and communities, and Canada, and is committed, within the scope of political and religious leaders adopting and its resources, to a country-wide, collaborative purposes.rights All violations. too often, these situations that undermine respect for the human rightsadvocating of all people, such as laws well asand impeding violence is that approach that involves and engages with groups reflect a broader culture of corruption and More than 80 countries or territories economicthey can development continue to and do the so withfull impunity. in every province and territory in pursuit of impunity for those committing a wide worldwide criminalize the expression, contributionThe predictable of all members result is of the society further spread these twin objectives. range of human rights violations. identity or existence of LGBTI people, to theirof such communities’ persecution and and countries’ more human rights with harsh penalties of years or life in well-being.

PAGE 31 DIGNITY1 INITIATIVE abuses that destroy lives, families and com- from arbitrary search, arrest and deten- health and rights, gender and racial equal- munities, and that undermine respect for tion; freedom from torture and other cruel, ity, ending poverty, and other fundamental the human rights of all people, as well as inhuman or degrading treatment; and the rights and freedoms. The Dignity Initiative recognizes the universality and the highest attainable standard of health. gender and racial equality, ending poverty, and impeding economic development and full range of social and economic rights of human rights and the importance of the An agenda to realize the fundamental dignity other fundamental rights and freedoms. the fullintersection contribution of various of all humanmembers rights. of LGBTI ofsuch the ashuman housing, person employment for LGBTI people and the reflects The Dignity Initiative was developed societypeople to their face communities’a range of violations and of their human thathighest LGBTI attainable people need standard to be freeof health. not only An The throughDignity Initiative a process was of developed open participation through and countries’rights, well-being. including the rights to: life; security of fromagenda criminalization, to realize the violence fundamental and discrimi dignity- a processinput of fromopen bothparticipation Canadian and and input international the person; privacy; freedoms of expression, nationof the humanrelated to person sexual fororientation LGBTI peopleand gender from humanboth Canadian rights advocates.and international This initiative will association and peaceful assembly; freedom identity or expression, but also to enjoy the full human rights advocates. This initiative will The Dignity Initiative recognizes the reflects that LGBTI people need to be free be a resource to Canadian organizations in from discrimination; freedom from arbitrary range of universal human rights that are the en- be a resource to Canadian organizations in universality of human rights and the not only from criminalization, violence and supporting LGBTI human rights advocacy search, arrest and detention; freedom from titlement of all people. Such an agenda situates supporting LGBTI human rights advocacy importancetorture andof the other intersection cruel, inhuman of vari or- degrading thediscrimination realization of related the human to sexual rights oforientation internationally,internationally, and a guide and ato guide securing to securinga a ous humantreatment; rights. and the LGBTI full range people of social face aand LGBTIand gender people identity within a or broader expression, agenda but of also futurefuture commitment commitment and action and by action Canada by Canada rangeeconomic of violations rights ofsuch their as housing,human rights,employment sexualto enjoy and the reproductive full range healthof universal and rights, human in supportin support of such of rights such globally. rights globally. including the rights to: life; security of rights that are the entitlement of all people. the person; privacy; freedoms of expres- Such an agenda situates the realization of sion, association and peaceful assembly; the human rights of LGBTI people within a freedom from discrimination; freedom broader agenda of sexual and reproductive

ADDRESSING HUMAN RIGHTS HERE AT HOME Strengthening Canada’s support for human rights abroad for LGBTI people does not mean that the fight for human rights here at home is finished. Among other things, trans people must enjoy explicit protection against discrimi- CANADA’S ROLE IN nation and hate crimes in Canadian law, ad- EXPORTING HOMOPHOBIA equate and non-discriminatory health services, and access to documents reflecting their iden- Sadly, there are Canadian organizations and individuals who have not only tity properly. LGBTI youth still face harassment mobilized against the rights of LGBTI people in Canada, but have also promoted and abuse, and high levels of homelessness and hatred beyond our borders, including encouraging the retention or adoption poverty; they need safe services. So, too, do of anti-LGBTI laws in other countries. One way to act in solidarity with LGBTI LGBTI seniors. Canada has some of the most people around the world is to expose and challenge these organizations and egregious laws in the world unjustly criminal- individuals in Canada. izing people living with HIV. Violence touches the lives of at least one quarter of women in Canada at some point, and some women - in particular, Indigenous women – face even higher rates. Racialized people face much higher rates of policing and police violence, and are disproportionately imprisoned. One of the world’s most aggressive and expansive criminal law regimes puts sex workers at greater risk of harm. Asylum-seekers are denied essential health care. The struggle for human rights is universal; action abroad must be matched by action at home.

PAGE 32 DIGNITY2 INITIATIVE RECOMMENDATIONS TO THE CANADIAN FEDERAL GOVERNMENT We call upon the Government of Canada to act, individually and in concert with other like-minded governments, to defend the fundamental human rights of LGBTI people around the world. In particular, we call upon Canada to take the following actions, widely supported by Canadian civil society and reflecting appeals from LGBTI advocates around the world facing hostility, criminalization, violence and discrimination:

when LGBTI people or their allies are options for redirecting any such REACH OUT to LGBTI activists defendcharged basic human under rights,discriminatory including forlaws programs,funding such aswithin those toa country,alleviate poverty, while REACHand human OUT to rights LGBTI defenders activists and in human rights defenders in countries where such rights LGBTIcriminalizing people. Provide them support or their for defense building protecttaking against care discrimination, to preserve promote essential civil countries where such rights are are denied or violated, and actively participate the capacityof human of lawyers,rights. law enforcement liberties,health address and gender-based social services, violence, so asand/or to denied or violated, and actively in regional and global initiatives that work to personnel, national human rights institutions promotesupport health (i.e.,service including providers HIV prevention that are participate in regional and global ENHANCE FUNDING to amplify the voices of LGBTI activists around and judicial systems to respect and defend and care,inclusive and sexual and and address reproductive the needs health initiatives that work to amplify the support organizations around the the world. human rights, including the rights of LGBTI more broadly).of LGBTI people, and to support voices of LGBTI activists around world and in Canada working to people. Examples include providing support community advocacy efforts to the world. for non-governmentaldefend and promote organizations human rights, to clearly and publicly 1. Speak out publicly in support of govern- USE DIPLOMACYprotect the human rights of challengingincluding discriminatory of LGBTI anti-LGBTIpeople. define a commitment to the human rights of 1.ments Speak that out take publicly positive actions in support ito support of LGBTI people. human rights for LGBTI people. Follow the ad- legislation in courts, or funding security LGBTI people in Canada’s broader foreign governments that take positive ac- 4. Strengthen the capacity of both vice of local LGBTI activists regarding whether, and safety measures for human rights policy,7. Mainstream including with LGBTI respect rights to international into tions ito support human rights for LGBTI and non-LGBTI human when and how to speak out publicly and/or defenders facing threats of violence. development.development Use all available funding diplomatic policies and LGBTI people. Follow the advice rights organizations to defend basic privately against the adoption of anti-LGBTI channelsprocesses, to advance such and thatsupport monitoring human rights of local LGBTI activists regarding human rights, including for LGBTI laws and against violence or other hate crimes 5. Beyond simply responding to urgent of LGBTIand people evaluation around mechanisms the world. It is oblige whether, when and how to speak people. Provide support for build- targeting LGBTI people. Recognizing that there situations of attacks on human rights, provide importantorganizations, to acknowledge where that oneappropriate, size does out publicly and/or privately nancialing sup- the portcapacity for LGBTI of lawyers, movement- law not fit all and diplomatic approaches will may not always be local groups to work with, it to report on the extent to which against the adoption of anti-LG- buildingenforcement around the personnel, world, including national core and vary from region to region. is important to connect with regional organiza- projects have worked with LGBTI BTI laws and against violence or programhuman support rights to organizationsinstitutions andworking judi - tions, international NGOs already involved in populations to protect and ad- thatother country, hate and crimes the diplomatic targeting missions LGBTI of in areascial suchsystems as health, to respect community and defenddevelop- 9. Use bilateral diplomatic engagement and vance their well-being and rights. countriespeople. familiar Recognizing with the thatarea. there ment,human and engagement rights, including of religious the leaders rights dialogue with countries to pursue the repeal of may not always be local groups and ofinstitutions, LGBTI people. so as to Examplesassist in mobilizing include anti-LGBTI8. Ensure laws that and LGBTI to discourage rights are countries sys- 2. Workto work with with, respected it is juristsimportant and faith to leaders, key constituenciesproviding support speaking for out non-govern in support of- from adoptingtematically such integrated legislation. Engageinto other in a human rights for LGBTI people. dialogue about the benefits realized from as connectwell as other with human regional rights organiza defenders- and mental organizations challenging intersecting international develop- moving beyond such persecution and instead communitytions, international leaders, both NGOsin Canada already and in discriminatory anti-LGBTI legisla- ment and human rights funding 6. Ensure that offcial development assistance fostering more inclusive societies based on the countriesinvolved where in thatLGBTI country, people faceor the criminal - tion in courts, or funding security programs, such as those to alleviate ization, discrimination and violence, to support (ODA) does not go to non-governmental principle that fundamental human rights are diplomatic missions of countries and safety measures for human poverty, protect against discrimina- a wide and diverse array of voices speaking up organizations that promote or support legisla- to be universally enjoyed. Canada should be familiar with the area. rights defenders facing threats of tion, promote civil liberties, address for the human rights of LGBTI people. Canada tion criminalizing LGBTI people or that mindful that our existing and future trade violence. gender-based violence, and/or 2.should Work be with sensitive respected to the concern jurists thatand some - encourage hatred or violence against LGBTI relationships should not affect our commit- promote health (i.e., including HIV timesfaith speaking leaders, out as publicly well as can other cause hu more- people.5. Beyond Examine simply options responding for redirecting to any ment to promoting human rights for LGBTI prevention and care, and sexual harmman than rights good. defenders and commu- suchurgent funding situations within a country, of attacks while on taking hu- persons, regardless of country or region. and reproductive health more nity leaders, both in Canada and in care manto preserve rights, essential provide health financial and social sup - broadly). 3. Intervenecountries when where human LGBTI rights people defenders face services,port so for as LGBTIto support movement-build service providers- that 10. In countries where there have been are detained, including by having diplomatic are inclusive and address the needs of LGBTI significant violations of human rights of criminalization, discrimination and ing around the world, including USE DIPLOMACY to clearly and personnel raise objections and monitor trials people, and to support community advocacy LGBTI people, or adoption of new anti-LGBTI violence, to support a wide and core and program support to orga- publicly define a commitment to of human rights defenders and others targeted efforts to protect the human rights of LGBTI laws, Canada should instruct its diplomatic diverse array of voices speaking nizations working in areas such as the human rights of LGBTI people under anti-LGBTI laws. When deemed ap- people. representatives to consult with local human up for the human rights of LGBTI health, community development, in Canada’s broader foreign propriate by local LGBTI advocates, speak out rights defenders on how best to engage people. Canada should be sensi- and engagement of religious lead- policy, including with respect to publicly when LGBTI people or their allies are 7. Mainstream LGBTI rights into development governments in making the case for compli- tive to the concern that sometimes ers and institutions, so as to assist charged under discriminatory laws criminaliz- funding policies and processes, such that ance withinternational international development. and regional human Use speaking out publicly can cause in mobilizing key constituencies ing them or their defense of human rights. monitoring and evaluation mechanisms oblige rights allstandards. available Informed diplomatic by those channels discussions more harm than good. organizations,speaking where out in appropriate, support of to human report on with localto advance advocates, and Canada’s support diplomatic human the extentrights to for which LGBTI projects people. have worked with representatives in country should consult 3.ENHANCE Intervene FUNDING when human to support rights organiza- rights of LGBTI people around the tions around the world and in Canada working LGBTI populations to protect and advance with theworld. Minister It is and important senior staff to acknowlregard- - def-enders are detained, including 6. Ensure that official development to defend and promote human rights, including their well-being and rights. ing appropriateedge that actions one size to take does that not can fit best all by having diplomatic personnel assistance (ODA) does not go to of LGBTI people. supportand efforts diplomatic to defend approaches and promote willhuman raise objections and monitor trials of non-governmental organizations 8. Ensure that LGBTI rights are systematically rights varyin that from specific region country to region. context. human rights defenders and others that promote or support legisla- 4. Strengthen the capacity of both LGBTI and integrated into other intersecting internation- targeted under anti-LGBTI laws. tion criminalizing LGBTI people or non-LGBTI human rights organizations to al development and human rights funding 11.9. Provide Use bilateral tools and diplomaticadditional resources engage - When deemed appropriate by local that encourage hatred or violence ment and dialogue with countries LGBTI advocates, speak out publicly against LGBTI people. Examine to pursue the repeal of anti-LGBTI

PAGE 33 DIGNITY INITIATIVE 3 to support the work of Canadian diplomats 16. Support the work of UN and regional Federal Health Program, for which funding in advancing LGBTI rights as a clear foreign human rights mechanisms in documenting should be fully restored. policy objective. Develop guidance, such as a and addressing LGBTI human rights violations manual, for use by Canadian embassies and around the world. Such mechanisms can be 21. Broaden private sponsorship programs to high commissions in supporting local LGBTI used to hold states accountable for such include countries with high levels of LGBTI human rights movements, including the violations and to build a body of internationally persecution. allocation of support from the Canada Fund recognized norms protecting and promoting for Local Initiatives. the universal human rights of LGBTI 22. Offer asylum to LGBTI human rights people, consistent with the Yogyakarta defenders and other LGBTI people who 12. Introduce a federal task force bringing Principles (on the application of international are unwillingly “outed” by media outlets or together the Global Affairs Canada (GAC) human rights law in relation to sexual political leaders in countries where LGBTI and other relevant departments to pursue and orientation and gender identity). people are criminalized, or where such outing implement a coordinated strategy to advance is intended, or can reasonably be expected, to the human rights of LGBTI people globally. SUPPORT REFUGEES and facilitate incite violence, criminal prosecution or other asylum in Canada for LGBTI people fleeing forms of persecution. 13. Enhance the human rights capacity of persecution because of their sexual orientation GAC, including through the provision of or gender identity or expression, in the case of additional resources to human rights policy both those seeking asylum from within Canada and legal divisions, to support a more and those seeking assistance abroad. comprehensive and consistent approach to the promotion of human rights, including 17. Expand and make permanent the govern- those of LGBTI people. ment’s Rainbow Refugee Assistance Program to support LGBTI refugees in need of protection. 14. Monitor comprehensively on the human rights situation for LGBTI people globally, 18. Recognize the need for priority processing including the state of legislation that criminal- of LGBTI people who are “at risk” or in need izes or otherwise persecutes LGBTI people. of protection under the “Urgent Protection Program.” 15. Work with other like-minded countries to support LGBTI human rights and oppose 19. Reduce wait times for private sponsorship anti-LGBTI measures or statements in applications so that time from application to international and regional forums. Join and arrival is less than one year. support the existing LGBT Core Group at the United Nations on Ending Violence and 20. LGBTI refugee claimants in Canada, like all Discrimination to coordinate e orts to support refugee claimants, should be eligible for basic LGBTI human rights movements and defenders. and extended healthcare through the Interim

PAGE 34 DIGNITY INITIATIVE THE WAYTHE WAY FORWARD FORWARD Violence,Violence, criminalization criminalization and discrimination and discrimination against LGBTI against people LGBTI require people require a comprehensivea comprehensive and consistent and consistent response responsefrom the fromGovernment the Government of Canada. of Canada. Canada hasCanada a valuable has a valuablerole to play role in to advancing play in advancing the rights the of LGBTIrights of people. LGBTI people. The DignityThe Initiative Dignity Initiative is inspired is byinspired Canada’s by Canada’s existing efforts existing to efforts protect to and protect and promote promotethese rights. these It rights.is time Itfor is Canadatime for to Canada step up to its step efforts up its and efforts take andbold, take bold, strategic actions,strategic in actions, collaboration in collaboration with local with community local community advocates, advoca to championtes, to champion THETHE WAY WAY FORWARD FORWARD LGBTI rightsLGBTI at homerights andat home globally. and globally. LIMITATIONSLIMITATIONS OF OF Violence,Violence, criminalization criminalization and and discrimination discrimination againstagainst LGBTILGBTI people people require require LANGUAGELANGUAGE a comprehensivea comprehensive and and consistent consistent response response from from the Government of of Canada. Canada. CanadaCanada has has a valuable a valuable role role to to play play in in advancing advancing the rights of of LGBTI LGBTI people. people. The DignityThe DignityInitiative Initiative recognizes recognizes the limita the- limita- The TheDignity Dignity Initiative Initiative is inspiredis inspired by by Canada’s Canada’s existing effortsefforts to to protectprotect and and tions of tionsusing of the using terms the lesbian, terms lesbian,gay, bisexual, gay, bisexual, promote these rights. It is time for Canada to step up its efforts and take bold, promote these rights. It is time for Canada to step up its efforts and take bold, strategic actions, in collaboration with local community advocates, to champion transgendertransgender and intersex. and intersex. There is Therea spectrum is a spectrum strategic actions, in collaboration with local community advocates, to champion LGBTI rights at home and globally. of genderofLIMITATIONS identitygenderLIMITATIONS identityand sexual and OF diversity sexual OF diversity both both LGBTI rights at home and globally. in Canadain Canadaand aroundLANGUAGE and thearound world, the and world, there and there LANGUAGEThe Dignity Initiative recognizes the limita- are manyareThe other many Dignity words other Initiative in words various recognizes in variouslanguages the limita languages to- to tions of using the terms lesbian, gay, bisexual, the strugglethe struggle in their localin their context. local context. describetions of using transgenderthis thediversity, terms and lesbian, intersex. reflecting gay, There bisexual, isthe a spectrum culturally- INFORMED BY describe this diversity, reflecting the culturally- INFORMED BY Our recommendations have been transgender and intersex. There is a spectrum Our recommendations have been and historically-specificand historically-specificof gender identityways inand wayssexualwhich in diversitysexual which both sexual GLOBALGLOBAL VOICES VOICES of genderin identity Canada and and sexualaround diversity the world, both and there created increated consultation in consultation with such with such and gender identities are recognized and The DignityThe DignityInitiative Initiative believes believes and genderin Canada identitiesare and many aroundare other recognized the words world, in various and there languages to the struggleorganizations in theirorganizations local context. and individuals and individuals expressed.expressed.are Formany example,describe other For words thisexample, in diversity, inCanada, various in reflecting Canada, thelanguages term the the culturally- to term thatINFORMED internationalthat international BYsolidarity solidarity efforts efforts theOur struggle recommendationsworking in theirworking on local have human context. been on rights,human and rights, and and historically-specific ways in which sexual “two-spirited”“two-spirited”describe is this used diversity, byis usedand reflecting withinby and theIndig within culturally-- Indig - INFORMEDshouldGLOBAL beshould informed VOICES BYbe informed by engage by- engagecreated in- consultation with such and gender identities are recognized and The Dignity Initiative believes Our recommendationswill continuewill havecontinue to bebeen informed to be informed by by enous communities,enousand historically-specific communities, reflecting reflecting waysthe inhistory which the sexualhistory GLOBALment andment discussion VOICES and discussion with local with organizations local and individuals expressed. For example, in Canada, the term that international solidarity efforts created in consultationthese with perspectives. such and gender identities are recognized and The Dignity Initiative believes workingthese on human perspectives. rights, and among someamong peoples some“two-spirited” peoplesof describing is ofused describing by those and within those Indig - humanshould rights humanbe informed defenders rights by engage defenders and- organizations and and individuals expressed. For example, in Canada, the term that international solidarity efforts will continue to be informed by who differedwho differed fromenous gender communities,from normsgender reflecting andnorms crossed the and history crossed LGBTIment andorganizationsLGBTI discussion organizations with leading local leading working on human rights, and “two-spirited” is used by and within Indig- should be informed by engage- these perspectives. among some peoples of describing those human rights defenders and will continue to be informed by gender boundariesgenderenous communities, boundaries as carrying reflecting as carrying both the male historyboth and male and ment and discussion with local who differed from gender norms and crossed LGBTI organizations leading these perspectives. female spirits.femaleamong someWespirits.gender use peoples boundaries LGBTIWe useof describing because LGBTI as carrying becausethoseit bothis male it isand human rights defenders and widely understoodwidelywho differed understoodfemale in from spirits.the genderCanadian in We the usenorms CanadianLGBTI context and because crossed context it is LGBTI organizations leading gender boundaries as carrying both male and and in internationaland in internationalwidely settings, understood settings, but in acknowledge the Canadian but acknowledge context female spirits.and in Weinternational use LGBTI settings, because but it acknowledge is its limitations.its limitations. widely understoodits limitations. in the Canadian context and in international settings, but acknowledge its limitations.

DIGNITY INITIATIVE WORKING GROUP Jonathan Niemczak, Pride Winnipeg Brenda Cossman, Mark S. Bonham Centre for Sexual Diversity Studies (Toronto) Jonathan Niemczak, Pride Winnipeg DIGNITYDIGNITY INITIATIVE INITIATIVE WORKING WORKING GROUP GROUP Karim Ladak, Alliance for South Asian AIDS Prevention (Toronto) Rev. Brent Hawkes, Metropolitan Community Church (Toronto) Karim Ladak, AllianceJonathan for Niemczak, South Asian Pride AIDS Winnipeg Prevention Brenda Cossman,Brenda Mark Cossman, S. Bonham Mark Centre S. Bonham for Sexual Centre Diversity for Sexual Studies Diversity (Toronto) Studies (Toronto) JonathanKim Vance, Niemczak, ARC International Pride (Halifax) Winnipeg Carlos Idibouo, Arc-en-ciel d’Afrique (Montréal) Kim Vance, ARC International (Halifax) Rev. Brent Hawkes, Metropolitan Community Church (Toronto) KarimKris Wells, Ladak, Institute KarimAlliance for Sexual Ladak, for Minority South Alliance Studies, Asian for University AIDS South Prevention Asianof Alberta AIDS (Edmonton) (Toronto) Prevention (Toronto) Rev. Brent Hawkes,DIGNITY MetropolitanCorrie INITIATIVE Melanson, Community Rainbow WORKING Church Refugee Association (Toronto) GROUP of Nova Scotia (Halifax) Kris Wells, Institute for Sexual Minority Studies, University of Alberta (Edmonton) Carlos Idibouo,Dallas Arc-en-ciel Barnes, InterPride d’Afrique (Calgary) (Montréal) KimMartine Vance, Roy, FondationARCKim International Vance, Émergence, ARC Pride (Halifax)International At Work (Montréal) (Halifax) Carlos Idibouo,Brenda Arc-en-ciel Cossman, d’Afrique Mark S. Bonham (Montréal) Centre for Sexual Diversity Studies (Toronto) JonathanMaurice Niemczak, Tomlinson, Pride Winnipeg LGBTI Aware Carribbean and Canadian HIV/AIDS Legal Network (Toronto) Dara Parker, Qmunity (Vancouver) Maurice Tomlinson, LGBTI Aware Caribbean and the Canadian HIV/AIDS Legal Network (Toronto) Corrie Melanson, Rainbow Refugee Association of Nova Scotia (Halifax) KarimMarie-PierKris Ladak, Wells, Alliance Boisvert, InstituteKris for South Wells, Conseilfor AsianSexual Institute québécois AIDS Minority Preventionfor SexualLGBT Studies, (Toronto) Minority University Studies, of AlbertaUniversity (Edmonton) of Alberta (Edmonton) Corrie Melanson,Rev. Brent Rainbow Hawkes,Doug Refugee Metropolitan Kerr, Dignity Association InitiativeCommunity ofProject Nova Church Lead Scotia (Toronto) (Toronto) (Halifax) Michelle Emson, KyivPride Canada (Hamilton) KimMichelle Vance, ARC Emson, InternationalMartine KyivPride (Halifax) Roy, Canada Fondation (Hamilton) Émergence, Pride At Work (Montréal) Dallas Barnes,CarlosDallas InterPride Idibouo, Barnes, (Calgary)Erin Arc-en-ciel InterPride Aylward, d’Afrique Researcher (Calgary) (Montréal) (Toronto) MartineRichard Elliott, Roy, CanadianFondation HIV/AIDS Émergence, Legal Network Pride (Toronto) At Work (Montréal) Kris RichardWells, Institute Elliott, for Canadian Sexual Minority HIV/AIDS Studies, Legal University Network of Alberta (Toronto) (Edmonton) CorrieDara Melanson,Parker,Fanta Qmunity Rainbow Ongoiba, Refugee(Vancouver) Africans Association in Partnership of Nova Against Scotia AIDS (Halifax) (Toronto) MauriceSandeep Prasad, Tomlinson, MauriceAction Canada LGBTI Tomlinson, For Aware Sexual HealthLGBTI Caribbean and Aware Rights and (Ottawa) Caribbean the Canadian and theHIV/AIDS Canadian Legal HIV/AIDS Network Legal (Toronto) Network (Toronto) Dara Parker, Qmunity (Vancouver) MartineSandeepStephen Roy, Fondation Seaborn,Prasad, ILGA-North Action Émergence, Canada America Pride For (Toronto) At Sexual Work (Montréal) Health and Rights (Ottawa) Dallas Barnes, InterPrideFreddie Arps, (Calgary) researcher (Toronto) Michelle Emson,Michelle KyivPride Emson, Canada KyivPride (Hamilton) Canada (Hamilton) Doug Kerr, DignityDoug InitiativeKerr, Dignity Project Initiative Lead (Toronto) Project Lead (Toronto) MauriceStephenSteven Tomlinson, Ross, Seaborn, Fierté LGBTI Montréal ILGA-North Aware Pride Caribbean America and (Toronto)the Canadian HIV/AIDS Legal Network (Toronto) Dara Parker, QmunityJacqie Lucas, (Vancouver) #EndHateLaws (Toronto) Richard Elliott, Canadian HIV/AIDS Legal Network (Toronto) Erin Aylward, Researcher (Toronto) StevenRichardVal Kalende, Ross, Elliott, researcher Fierté Canadian Montréal (Kingston) HIV/AIDS Pride Legal Network (Toronto) Erin Aylward,Doug Researcher Kerr, Dignity Jean-François(Toronto) Initiative Perrier, Project Fierté Lead Montréal (Toronto) Pride Michelle Emson, KyivPride Canada (Hamilton) Freddie Arps, researcherSandeep Prasad, (Toronto) Action Canada For Sexual Health and Rights (Ottawa) Fanta Ongoiba,ErinFanta Africans Aylward, Ongoiba, in Researcher Partnership Africans (Toronto) in Against Partnership AIDS Against(Toronto) AIDS (Toronto) RichardSandeep Elliott, Prasad,Canadian Action HIV/AIDS Canada Legal For Network Sexual (Toronto) Health and Rights (Ottawa) With additional research and support provided by: Janet Butler-McPhee (Canadian HIV/AIDS Legal Network),VijayaSteven Chikermane Ross, Fierté (Alliance Montréal for South Pride Asian AIDS Prevention), Freddie Arps, Researcher (Toronto) SandeepStephen Prasad, Seaborn, ActionStephen Canada ILGA-North Seaborn,For Sexual America ILGA-North Health and (Toronto) Rights America (Ottawa) (Toronto) Freddie Arps,Fanta Freddieresearcher Ongoiba, Arps, (Toronto)Lauryn Africans researcher Kronick in Partnership (Canadian (Toronto) AgainstHIV/AIDS AIDS Legal (Toronto) Network), Evan Vipond (Bonham Centre graduate student) and Ashley Mantha-Hollands (Bonham Centre graduate student). StephenVal Seaborn,Kalende, ILGA-North Researcher America (Kingston) (Toronto) FreddieJacqie Arps,Lucas, researcher #EndHateLaws (Toronto) (Toronto) Steven Ross, FiertéSteven Montréal Ross, Fierté Pride Montréal Pride Jacqie Lucas, #EndHateLaws (Toronto) Steven Ross, Fierté Montréal Pride JacqieJean-François Lucas, #EndHateLaws Perrier, Fierté (Toronto) Montréal Pride Val Kalende, researcherVal Kalende, (Kingston) researcher (Kingston) Jean-FrançoisJean-François Perrier, Fierté Perrier, Montréal Fierté Montréal Pride Pride Val Kalende, researcher (Kingston) With additional research and support provided by: Janet Butler-McPhee (Canadian HIV/AIDS Legal Network),Vijaya Chikermane (Alliance for South Asian AIDS Prevention), With additionalWith research additional and research support and providedsupport provided by: Janet by: JanetButler-McPhee Butler-McPhee (Canadian (Canadian HIV/AIDS Legal Legal Network),Vijaya Network),Vijaya Chikermane Chikermane (Alliance (Alliancefor South Asian for South AIDS Prevention),Asian AIDS Prevention),@InfoDignity Lauryn KronickLaurynLauryn (Canadian Kronick Kronick HIV/AIDS(Canadian (Canadian HIV/AIDS Legal HIV/AIDS Network), Legal Network), Legal Evan Network), Evan Vipond Vipond (Bonham Evan (Bonham Vipond Centre Centre (Bonham graduategraduate Centre student) student) graduate and andAshley Ashley student) Mantha-Hollands Mantha-Hollands and Ashley (Bonham Mantha-Hollands Centre(Bonham graduate Centre student).(Bonham graduate Centre student). graduate student). www.dignityinitiative.ca http://tiny.cc/DignityLGBTI This initiative has been supported financially and in-kind by the Canadian HIV/AIDS Legal Network, the Mark S. Bonham Centre for Sexual Diversity Studies at the University of Toronto, the Institute for Sexual Minority Studies at the University of Alberta, and a generous individual@InfoDignity donor. @InfoDignity@InfoDignity http://tiny.cc/DignityLGBTI

Design: Raymond Helkio www.dignityinitiative.ca www.dignityinitiative.ca http://tiny.cc/DignityLGBTIhttp://tiny.cc/DignityLGBTI www.dignityinitiative.caThis initiative has been supported financially and in-kind by the Canadian HIV/AIDS Legal Network, the Mark S. Bonham Centr e for Sexual Diversity Studies at the University of Toronto, the Institute for Sexual Minority Studies at the University of Alberta, and a generous individual donor. This initiativeThis has initiative been supported has been supported financially financially and in-kind and by in-kind the Canadian by the HIV/AIDSCanadian HIV/AIDS Legal Network, Legal theNetwork, Mark S. the Bonham Mark S. Centr Bonhame for CentrSexuale forDiversity Sexual StudiesDiversity at Studies at the Universitythe University of Toronto, of the Toronto, Institute the for Institute Sexual forMinority Sexual Studies Minority at Studiesthe University at the University of Alberta, of and Alberta, a generous and a individualgenerous individual donor. donor. Design: Raymond Helkio Design: Raymond Helkio Design: Raymond Helkio ENDORSED BY

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(Vancouver) Space Network (Halton Region) Canadian Anthropology Society POWER Ottawa Canadian AssociationCanadian of Nurses Association in HIV/AIDS of Nurses Care in HIV/AIDS (CANAC) Care (CANAC) POWER Ottawa Positive Women’s Network (Vancouver) Canadian Association of Nurses in HIV/AIDS Care (CANAC) Pride Calgary Canadian Centre for GenderCanadian and Centre Sexual for Diversity Gender and Sexual Diversity Pride Calgary POWER Ottawa Canadian Centre for Gender and Sexual Diversity Pride Centre of Edmonton Canadian Gay and LesbianCanadian Chamber Gay and of LesbianCommerce Chamber of Commerce Pride Centre of Edmonton Pride Calgary Canadian Gay and Lesbian ChamberCanadian of Harm Commerce Reduction Network Pride in Art Society (Vancouver) Pride Centre of Edmonton Canadian Harm Reduction Network Pride in Art Society (Vancouver) Canadian Harm Reduction NetworkCanadian HIV/AIDS Legal Network Pride PEI Pride in Art Society (Vancouver) CanadianCanadian HIV/AIDS HIV/AIDS Legal Legal Network Clinic Canadian Labour Congress PridePride Toronto PEI Pride PEI CanadianCanadian Labour Labour Congress CongresCanadian Lesbian and Gay Archives (CLGA) PridePride Winnipeg Toronto Festival Pride Toronto CanadianCanadian Lesbian Lesbian and and Gay Gay Archives ArchivesCanadian (CLGA) Positive People Network PridePride at Work Winnipeg Canada Festival Pride Winnipeg Festival CanadianCanadian Positive Positive People People Network NetworkCanadian Public Health Association ProudPoliticsPride at WorkCanada Canada Pride at Work Canada CanadianCanadian Public Public Health Health Association AssociationCanadian Union of Public Employees (CUPE) QMUNITYProudPolitics (Vancouver) Canada ProudPolitics Canada CanadianCanadian Union Union of of Public Public EmployeesCanadian Employees Treatment (CUPE) Action Council (CTAC) QueenQMUNITY West-Central (Vancouver) Toronto CommunityQMUNITY Health Centre (Vancouver) CanadianCanadian Treatment Treatment Action ActionCanadian Council Council Working 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Dignity Toronto Dignité Reaching Out Winnipeg Dignity Toronto Dignité El-Tawid Juma Circle Unity Mosques Reaching Out Winnipeg RÉZO, santé et mieux-être Elder Abuse Prevention Muskoka RÉZO, santé et mieux-être Elder Abuse Prevention Muskoka ENDHateLaws RÉZO, santé et mieux-être Safe Alliance (Labrador) Elementary Teachers’ Federation of Ontario Safe Alliance (Labrador) Egale Canada Human Rights Trust Safe Alliance (Labrador) Salaam: Queer Muslim Community El-TawidEl-Tawid Juma Juma Circle Circle Unity Unity Mosques Mosques Salaam: Queer Muslim Community ENDHateLaws Equitas Salaam: Queer MuslimSaskatchewan Community HIV HVC Nursing Education Organization ENDHateLaws Fierté Canada Pride Saskatchewan HIV HVC NursingSaskatchewan Education Organization Public Health Association Egale Canada Human Rights Trust Saskatchewan HIV HVC Nursing Education Organization Egale Canada Human Rights Trust EquitasFierté Montreal Pride Saskatchewan Public Health AssociationSherbourne Health Centre (Toronto) Equitas Saskatchewan Public Health Association Fierté Canada Pride Fondation Emergence (Montreal) Sherbourne Health Centre (Toronto)Social Action for Equality (Toronto) FiertéFierté Canada Montreal Pride Pride Glad Day Bookshop (Toronto) SocialSherbourne Action for Equality Health Centre(Toronto) (Toronto)Socialist Action FiertéFondation Montreal Emergence Pride (Montreal)Grandmothers Advocacy Network (Ottawa) SocialistSocial Action Action for EqualitySouth (Toronto) Etobicoke Legal Community Services FondationGlad Day Emergence Bookshop (Toronto) (Montreal) GRIS-Montreal SouthSocialist Etobicoke Action Legal CommunitySudbury Services Community Legal Clinic GladGrandmothers Day Bookshop Advocacy (Toronto) NetworkHalton Equity (Ottawa) and Diversity Roundtable SudburySouth Community Etobicoke Legal Legal Clinic CommunitySupport Services and Housing Halton GrandmothersGRIS-Montreal Advocacy NetworkHamilton (Ottawa) Health Sciences SupportSudbury and Housing Community Halton Legal United Clinic Church Toronto of Canada PFLAG GRIS-MontrealHalton Equity and DiversityHIV Roundtable & AIDS Legal Clinic Ontario (HALCO) TorontoSupport PFLAG and Housing HaltonTrans Alliance Society (British Columbia) HaltonHamilton Equity Health and DiversitySciences HIV/AIDSRoundtable Regional Services (Kingston) TransToronto Alliance PFLAG Society (British Columbia)United Church of Canada HIV/AIDS Resources and Community Health (Guelph) United Food and Commercial Workers (UFCW) Canada HamiltonHIV & AIDS Health Legal Sciences Clinic Ontario (HALCO) TransTrans Lobby Alliance Group Society (British Columbia) HIV/AIDS RegionalInjured Services Worker’s (KingsItn) Consultants Community Legal Clinic – Toronto United Church of Canada United Steelworkers HIV & AIDS Legal Clinic Ontario (HALCO) United Church of Canada HIV/AIDS Resources andInteragency Community Coalition Health on (Guelph) AIDS and Development United Food and Commercial Workers Vancouver(UFCW) Canada AIDS Society HIV/AIDS Regional Services (Kingston) United Food and Commercial Workers (UFCW) Canada Injured Worker’s Consultants CommunityInspire Awards Legal Clinic(Toronto) (Toronto) United Steelworkers Vancouver Pride Society HIV/AIDS Resources and Community Health (Guelph) United Steelworkers Interagency Coalition on AIDS andInspired Development Media (Toronto) Vancouver AIDS Society Action positive VIH/sida InjuredInspire Worker’s AwardsInstitute Consultants(Toronto) for Sexual Minority Community Studies Legal & Services Clinic (ISMSS) – Toronto – Univ ersity of Alberta VancouverVancouver Pride AIDSSociety Society Women in Toronto Politics (WiTOpoli) International Lesbian & Gay Association (ILGA) North America Women’s Legal Education and Action Fund (LEAF) InteragencyInspired Media Coalition (Toonto) on AIDS and Development ActionVancouver positive VIH/sida Pride Society Iranian Railroad for Queer Refugees (IRQR) Women’s Legal Education and Action Fund (West Coast LEAF) InspireInstitute Awards for Sexual (Toronto) Minority Studies & Services (ISMSS) – University of Alberta WomenAction in Toronto positive Politics VIH/sida (WiTOpoli) Ismaili Queers YouthCo (Vancouver) InspiredInternational Media Lesbian(Toronto) & Gay Association (ILGA) North America Women’sWomen Legal in EducationToronto Politics and Action (WiTOpoli) Fund (LEAF) Iqaluit Pride InstituteIranian for Railroad Sexual for Minority Queer RefugeesStudies & (IRQR) Services (ISMSS) – University of Alberta Women’sWomen’s Legal Legal Education Education and Action and ActionFund (West Fund Coast (LEAF) LEAF) InternationalIsmaili Queers Lesbian & Gay Association (ILGA) North America YouthCoWomen’s (Vancouver) Legal Education and Action Fund (West Coast LEAF) IranianJohn Railroad Humphrey for Centre Queer for Refugees Peace and (IRQR) Human Rights (Edmonton) YouthCo (Vancouver) Ismaili Queers HUMAN RIGHTS GLOBALLY ADVANCING LGBTI

Endnotes 1 Office of the United Nations High Commissioner for Human Rights (OHCHR). Discrimination and Violence Against Individuals Based On Their Sexual Orientation and Gender Identity: Report of the OHCHR. 4 May 2015,

2 In addition to these countries, various states in Mexico have passed same-sex marriage laws, Finland’s approved marriage equality law will come into force in 2016, and Estonia’s civil partnership law will come into force in 2016. An additional five countries recognize same-sex relationships under the law without extending most of the rights attached to marriage (Andorra, Costa Rica, Czech Republic, Israel, and Slovenia). A. Carroll and L.P. Itaborahy, State Sponsored Homophobia: A World Survey of Laws: Criminalisation, Protection and Recognition of DIGNITY Same-Sex Love, International Lesbian, Gay, Bisexual, Trans and Intersex Association, 2015, pp. 41-44,

3 In two cases, legal protections for intersex persons were also introduced. OCHRC, Discrimination and Violence.

4 J. Cock. Engendering Gay and Lesbian Rights: The Equality Clause in the South African Constitution. Women’s Studies International Forum. 26,1(2003).

5 M.F. Socías, M. E., Marshall, B. D., Arístegui, I., Zalazar, V., Romero, M., Sued, O., & Kerr, T. “Towards Full Citizenship: Correlates of Engagement with the Gender Identity Law Among Transwomen in Argentina.” PLoS ONE, 9,8 (2014).

6 Bangladesh: M. Karim, M. “Hijras Now a Separate Gender,” Dhaka TribuneI, November 11 2014. Nepal: K. Knight, Nepal’s Third Gender Passport Blazes Trails. Human Rights Watch, October 26, 2015. Pakistan: B. Usmani, “Pakistan to Register ‘Third Sex’ Hijras.” The Guardian, July 18, 2009. INITIATIVE India: E. Burgos, “India’s Third Gender.” NBC News. June 22, 2015.

7 United Nations High Commission for Refugees (UNHCR). “Global Appeal Update, Latin America,” 2015, 2.

8 UN Human Rights Council. Report Of The Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment Or Punishment, Juan E. Méndez, UN Doc. A/HRC/22/53 (2013), para. 77.

9 Carpenter, Morgan. “Intersex side event at the UN Human Rights Council,” 28 May 2014.

HUMAN RIGHTS GLOBALLY ADVANCING LGBTI 10 Commissioner for Human Rights, Council of Europe. Human Rights and Intersex People. April 2015. 11 World Health Organization. Sexual Health, Human Rights and the Law (Geneva: WHO, 2015).

12 Carpenter, Morgan. “Chilean Ministry of Health Issues Instructions Stopping “Normalising” Interventions On Intersex Children.“ Organisation Intersex International Australia, January 11, 2016. OCHRC. Intersex [Factsheet]. 2015.

13 UN Committee on Economic, Social and Cultural Rights. General Comment No. 22 (2016) on the Right to sexual and reproductive health (article 12 of the International Covenant on Economic, Social and Cultural Rights), UN Doc. E/C.12/GC/22 (2016).

14 Carroll and Itaborahy, State Sponsored Homophobia.

15 Meredith Weiss and Michael Bosia. Global Homophobia: States, Movements, and The Politics Of Oppression (Chicago: University of Illinois Press, 2015).

16 Carroll and Itaborahy, State Sponsored Homophobia.

17 Mark Berman, “Mississippi Governor Signs Law Allowing Businesses to Refuse Service to Gay People,” Washington Post, April 5, 2016.

18 OCHRC Discrimination and Violence

19 OCHRC “Homophobic and Transphobic Violence” [Factsheet]. United Nations, 2012.

20 OCHRC Discrimination and Violence

21 For example, among other instances of human rights violations, non-consented cosmetic surgeries are widely cited as a clear example of how intersex individuals’ rights to physical integrity and self- determination are violated. Office of the High Commissioner for Human Rights (OHCHR). A Step Forward for Intersex Visibility and Human Rights, September 15, 2015.

22 Remarks by Kimberly Zieselman, Executive Director, Advocates for Informed Choice, reported in: OCHRC. “A Step Forward for Intersex Visibility and Human Rights.” September 25, 2015.

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23 M. Bennett-Smith. “Transgender Women 49 Times More Likely To Have HIV, Study Says.” Huffpost Queer Voices, February 2, 2016. Retrieved from

23B S. Tamale. Confronting the Politics of Nonconforming Sexualities in Africa. African Studies Review. 56.2 (2013), 31-45.

24 A. Gupta, A. This Alien Legacy: The Origins of “Sodomy” Laws in British Colonialism. Human Rights Watch, 2008.

25 O. Lopez, “American Evangelicalism Is Fueling Homophobia Abroad – So Why Isn’t Obama Speaking Out Against It?” Slate, August 5, 2015. DIGNITY D. Smith. “US Evangelical Christians Accused of Promoting Homophobia in Africa.” The Guardian, July 24, 2012. K. Kaoma, “How Anti-Gay Christians Evangelize Hate Abroad.” Los Angeles Times, March 23, 2015.

26 Canada’s commitment to integrating Yogyakarta Principles into its human rights considerations: Government of Canada. Canada’s Universal Periodic Review Response to the Recommendations, June 19, 2013.

27 The Yogyakarta Principles. The Yogyakarta Principles: Principles on the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity, 2007, 9.

28 E. Jackson, Ian Smillie, and S. Brown. Lesbian, Gay, Bisexual and Transgender Rights: A Call for Canadian Leadership. The McLeod Group, March 2013. INITIATIVE 29 Jackson et al, Lesbian, Gay, Bisexual, 9. , E., Smillie, I., & Brown, S. (2013). Lesbian, Gay, Bisexual and Transgender Rights: A Call for Canadian Leadership (p. 9).

30 “Ministerial Mandate Letters,” Prime Minister of Canada Justin Trudeau, accessed February 12, 2016.

31 Monica Tabengwa. Repealing Malawi’s LGBT Laws: An Example for Africa?. Human Rights Watch, June 14, 2012.

32 Kenita Placida, personal communication, March 15, 2016 HUMAN RIGHTS GLOBALLY ADVANCING LGBTI 33 “The 2015 Federal Election Policy Questionnaire,” Egale Canada Human Rights Trust, accessed January 12, 2016.

34 This is based on an assumption that Canada’s pledge of $15 million is based in Canadian dollars. Global Affairs Canada, “Address by Minister Dion to the High Level Segment of the 31st Session of the Human Rights Council,” March 1, 2016.

35 European Union Agency for Fundamental Rights. Homophobia, Transphobia and Discrimination on Grounds of Sexual Orientation And Gender Identity, 2010.

36 Among other initiatives, the U.S. Assistant Secretary for Western Hemisphere Affairs met in San Salvador with LGBT civil society organizations from over 20 countries in 2011, and the US State Department hosted a three-day conference in November 2014 (Washington, DC) and a global conference in June of 2014 (Washington, DC). The White House, Office of the Press Secretary. Advancing the Human Rights of LGBT Persons Globally [Factsheet], 2014.

Global Council of Equality. “Conference to Advance the Human Rights of Lesbian, Gay, Bisexual, Transgender, and Intersex (LGBTI) Persons,” November 2014.

United States Department of State. The Department of State’s Accomplishments Promoting the Human Rights of Lesbian, Gay, Bisexual and Transgender People, 2011.

37 United States Agency for International Development (USAID). LGBT Vision for Action. Promoting and Supporting the Inclusion of Lesbian, Gay, Bisexual, and Transgender Individuals, 2015.

38 Government of the United Kingdom. An FCO Programme for Promoting the Human Rights of LGBT People, 2010.

39 Council of the European Union. (2013). Guidelines to Promote and Protect the Enjoyment of All Human Rights by Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Persons, 2013, 5. 40 Ministry of Foreign Affairs, Government of Norway. The LGBT Conference in Oslo: - A Historic Event, 2013.

41 Evidence regarding the endorsement of participation in cultural events is explicitly stated for the Americans (White House, Advancing the Human Rights), the British (Government of the United Kingdom, An FCO Programme), and the Dutch (Gabriella Sancisi, “Van Rookbommen en Regenboogvlaggen - LGBT-rechten in Kroatië,” 1 July 2013.

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42 Sexuality, Poverty and Law Programme, Institute for Development Studies (IDS). Why is sexuality a development issue?, 2013.

43 Akim Larcher, “Canada’s Gay Rights Defence is All Hot Air.” Daily Xtra, February 2, 2012.

44 Rob Salerno. “How Canada Is Funding Global LGBT Rights.” Daily Xtra, June 25, 2015.

45 Government of Canada. Canada Supports LBGT Rights and Anti-Human Trafficking Work in Vietnam, 2014.

DIGNITY 46 Nguyen Hai Yen, personal communication, March 15, 2016.

47 Oxfam Canada. Everyone Has the Right to Pride: Oxfam’s Presence At World Pride, 2014. 48 Sexuality, Poverty and Law Programme, IDS, Why is sexuality

49 Organization for Economic Cooperation and Development (OECD). The 0.7% ODA/GNI Target: A History, accessed March 02 2016.

50 OECD. Development Aid Stable in 2014 But Flows to Poorest Countries Still Falling, 2015.

51Gloria Galloway, Canada’s Global Promotion of Human Rights Has Declined: Internal Memo, The Globe and Mail, September 29, 2015. Retrieved from

INITIATIVE 52 Tonda MacCharles, Trudeau Calls UN Goal to Boost Aid Spending ‘Too Ambitious,’ The Toronto Star, May 10, 2016.

53 For example, an evangelical organization that described homosexuality as a “perversion” and “sin” received $544,813 in federal funding for development programming in Uganda: L. Dib and F. Olivier. (2013, February 10). Anti-Gay Religious Group Gets Funding from Ottawa to Work in Uganda, The Star, February 10, 2013. Retrieved from A publicly-funded academic from the University of Western Ontario recently delivered a keynote speech at St. Philip’s Theological College in Tanzania in which he decried homosexuality as a “first world problem” and urged Tanzanians to be HUMAN RIGHTS GLOBALLY ADVANCING LGBTI vigilant against the threat that homosexuals might steal their children. Maurice Tomlinson, “Canadian Tax-Funded Academic Boosts Tanzanian Homophobia,” 76 Crimes, November 16, 2014. In Jamaica, the Christian Canadian legal scholar Janet Epp Buckingham, traveled to Jamaica and made a presentation to the Jamaican parliament in order to help ensure that Jamaica’s 2011 Charter of Fundamental Rights and Freedoms excluded the rights for homosexuals. Maurice Tomlinson, “Canada’s Role in Spreading Homophobia Worldwide,” 76 Crimes, March 22, 2014. A study by the Canadian Research Institute on Humanitarian Crisis and Aid found that the funding for religious non-governmental organizations increased 42 per cent between 2005 and 2010, while secular groups saw an increase of a mere five percent. Dib and Olivier, Anti-Gay Religious Group While religious organizations often play a vital role in humanitarian relief and development, additional research is needed in order to monitor and report on the transparency and accountability of such work.

54 Some documents indicate that the sum is 20 million dollars, while others indicate 16 million. See USAID. LGBT Global Development Partnership [Factsheet], 2015. USAID. LGBT Global Development Partnership: Promoting Global Lesbian, Gay, Bisexual and Transgender Human Rights and Equality, 2015.

55 European Commission. Democracy and Human Rights Policy – Anti-Discrimination Movements For LGTBI, 2015.

56 N. Ordover and K. Zelermyer. “A Global Gaze: Lesbian, Gay, Bisexual, Transgender and Intersex Grantmaking in the Global South and East 2010,” Funders for LGBTQ Issues, 2011.

57 The White House, Advancing the Human Rights

58Annika Nillson, Klara Lundholm, and Erik Vågberg. “Study on Sida’s Work on Human Rights of Lesbian, Gay, Bisexual, Transgender, and Intersex Persons.” Swedish International Development Agency, November 2013, 18.

59 “LGBT Rights,” Hivos, accessed March 09, 2016.

60 “Sweden, USAID, and UNDP Renew Support for LGBT Rights in Asia.” USAID, accessed February 10, 2016.

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61Paul Balogun, Viktoria Hildenwall, and Venkatesan Chakrapani, Review of RFSU’s Regional Program: Improving LGBT Rights in South Asia through Strengthening CSOs, 2014,

62 Jim MacKinnon, personal communication, May 28, 2015

63“Kaos GL Promotes Diversity and Social Inclusion for All,” Sida, December 14, 2015, 64 Fréderic Hareau, personal communication, April 27 2015.

65“Refuerzo del trabajo estrategico de defensa y exigibilidad de derechos humanos de la poblacion LGBT en Colombia,” DIGNITY European Commission, accessed February 02, 2016.

66 “To Raise Public Awareness, Understanding, and Involvement Regarding Issues of Gender, Sexuality, and Sexual Health Through Webcast, Media Capacity Trainings And Advocacy Events,” European Commission, accessed February 02, 2016. 67 “LGBT Capacity Development Programme for East Africa: Kenya, Uganda, Tanzania, Burundi, and Rwanda,” Hivos, accessed December 04, 2015.

68 “Supporting LBT Human Rights in Central America,” Hivos, accessed February 02, 2016.

69 “Advancing the Human Rights of Trans People,” Hivos, accessed February 02, 2016.

70 “Strengthening the Collectives of Sex Workers and Sexual Minorities in Karnataka,” Hivos, accessed February 02, 2016.

INITIATIVE 71 Swedish International Development Cooperation Agency (SIDA). Evaluation of Sida’s Action Plan on Sexual Orientation and Gender Identity in Swedish Development Cooperation 2007–2009, March 2010.

72SIDA, Sexual Rights for All, 2010.

73 “DFID’s Approach on LGB&T Rights,” UK Department for International Development (DFID), 2015, accessed February 06, 2016.

74 United Kingdom, Department for International Development (DFID), “DFID Diversity and Inclusion – Annual Report 2013- HUMAN RIGHTS GLOBALLY ADVANCING LGBTI 14,” 2014, accessed December 01, 2015. Galloway, Canada’s Global Promotion.

75 Norwegian Ministry of Foreign Affairs, “Human Rights, Sexual Orientation and Gender Identity,” 2013, accessed February 28, 2015.

76 USAID. “Award Provisions Encouraging More Comprehensive Nondiscrimination Policies by USAID Contractors and Recipients: A Mandatory Reference for ADS Chapter 302,” June 19, 2011. Accessed March 18, 2015.

It should be noted that these provisions have been criticized for being inadequate, as a number of USAID contractors do continue to discriminate on the basis of sexual orientation, gender identity, and gender expression. See: R. Bergenfield and A. M. Miller, “Queering International Development? An Examination of New ‘LGBT Rights’ Rhetoric, Policy, and Programming among International Development Agencies,” p.10, October 23, 2014, LGBTQ Policy Journal, Harvard Kennedy School.

77 European Commission. “Buying Social: A Guide to Taking Account Social Considerations in Public Procurement,” 2010. Accessed February 21, 2016.

78 Government of the United Kingdom, “An FCO Programme for Promoting the Human Rights of LGBT People.”

79 T. M. S. Stoum, Sexually (Dis)orientated? Conceptualizing the Norwegian Ministry of Foreign Affairs’ Promotion of LGBT Rights, Norwegian University of Science and Technology, 2012. 80 S. Chase, “Baird Belies Conservative Image through Defence of Gay Rights Abroad.” The Globe and Mail, August 8, 2013.

81“Uganda to Pass Anti-Gay Law as a ‘Christmas Gift,’” BBC News, 13 November, 2016. 82 Egale, Policy Questionnaire

83Ambassador Isabelle Poupart, Permanent Representative to the OSCE, stating on September 22, 2014, at the OSCE Human Dimension Implementation Meeting 2014 Opening Statement of the Canadian Delegation, “as we seek to combat intolerance and hate crime, we are extremely concerned by the actions of some participating states in failing to address or worst implicitly encouraging violence against targeted groups, including LGBT persons.” Ambassador Poupart, I. OSCE Human Dimension Implementation Meeting 2014 Opening Statement of the Canadian Delegation. Government of Canada Global Affairs, 22 September, 2013, accessed April 09, 2015.

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84R. Maloney, “John Baird’s Gay Rights Stance Nothing New for Harper Tories.” Huffington Post Canada, August 9, 2013. See also: J. Davis, “John Baird Points Finger at Gay Rights Abuses in African, Caribbean Countries,” National Post, January 23, 2012.

85 Galloway, Canada’s Global Promotion

86 Among other examples, these changes have included the 2013 merger of Canada’s International Development Agency with the Department of Foreign Affairs and International Trade, and the changes to Canada’s bilateral aid program that began in 2009, in which the world’s poorer countries were de- prioritized in favour of countries with whom Canada has trading interests. DIGNITY For more information, see: The McLeod Group, CIDA’s Dead-End Merger, 2013. Accessed 02 September, 2015. C. Havard, “New Focus Countries not about Effective Aid [Web blog post].” Canadian Council for International Development, July 21, 2014.

87 More specifically, Canada has issued 94 recommendations related to the human rights of LGBTI people to 41 UN member states during the second cycle of the UPR, and to 41 UN member states during the first cycle of the UPR. Human Rights Council, “Database of UPR Recommendations,” accessed March 03, 2016.

88 Government of Canada. “Address by Minister Dion to the High-level Segment of the 31st Session of the Human Rights Council,” March 1, 2016.

89 For example, see the EU’s guidelines: Council of the European Union, “Guidelines to Promote and Protect the Enjoyment of All Human Rights by Lesbian, Gay, INITIATIVE Bisexual, Transgender and Intersex (LGBTI) Persons,” 2013, accessed April 02, 2015. Norway’s guidelines: Norwegian Ministry of Foreign Affairs, “Human Rights, Sexual Orientation and Gender Identity,” 2012, accessed March 02, 2015, the United Kingdom’s guidelines: Government of the United Kingdom, “An FCO Programme,” the Netherlands’ guidelines: Ministry of Foreign Affairs of the Netherlands (2010). Mensenrechten en Seksuele Oriëntatie: Een Handleiding Voor Ambassades; and the US guidelines: L. Adams, L. “New Tools for LGBT-Inclusive Development” [Web blog post], DIPNOTE United States Department of State Official Blog, February 27, 2015.

90 USAID, Remarks at Launch of USAID LGBT Vision for Action, 2014, accessed May 03, 2015. HUMAN RIGHTS GLOBALLY ADVANCING LGBTI

91 United States Department of State, Briefing on Lesbian, Gay, Bisexual, and Transgender (LGBT) Resolution at UN Human Rights Council, June 17, 2011.

92 The White House, Advancing the Human Rights

93European Union Agency for Fundamental Rights, “Protection Against Discrimination on Grounds of Sexual Orientation, Gender Identity, and Sex Characteristics in the EU: Comparative Legal Analysis,” 2010, accessed April 01, 2016.

94DFID, DFID Diversity and Inclusion

95 World Health Organization (WHO), “Leaving No One Behind: Equality and Inclusion in the Post-2015 Development Agenda.” 29 September 2015.

96 Human Rights Council, “Human Rights, Sexual Orientation, and Gender Identity,” adopted 17 June, 2011, A/HRC/RES/17/19.

97 Human Rights Council, “Human Rights, Sexual Orientation, and Gender Identity,” adopted 26 September, 2014, A/HRC/ RES/27/32.

98 Human Rights Council, “Database of UPR Recommendations,” accessed March 03, 2016; HRC Res 17/19 (2011) UN Doc A/ HRC/RES/17/19; HRC Res 27/32 (2014) UN Doc A/HRC/RES/27/32.

99 US Department of State, “LGBT Issues in the Western Hemisphere,” [Fact Sheet], April 12, 2013, Pan American Health Organization. “Latin American Countries Launch Programs to Improve Health Care for Sexual Minorities,” May 15, 2008.

100 European Parliament, Resolution on the Fight against Homophobia, European Parliament Res 2012/2657, [11].

101 OASGA, ‘Human Rights, Sexual Orientation, and Gender Identity and Expression’ AG/Res 2863 (XLIV-O/14) (2014); OASGA, ‘Human Rights, Sexual Orientation, and Gender Identity and Expression’ AG/Res 2435 (XXXVIII-O/08) (2008).

102 For example, the British Foreign and Commonwealth Ofiice Minister, Hugo Swire, noted “I am greatly concerned by the treatment of the LGBT community in many Commonwealth states. 41 of its member states still criminalise homosexuality. I call on those members to follow the example set by The Bahamas, South Africa, Vanuatu ... who in recent years have decriminalised

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homosexuality. The UK will continue to make the case for both acceptance and integration of the LGBT community, and press Commonwealth states to recognise that the LGBT community deserve the same protection as all others.” “Speech: Commonwealth People’s Forum,” Government of the United Kingdom Foreign & Commonwealth Office, accessed April 10, 2015.

103 We found no evidence of statements, policies, or programming related to the human rights of LGBTI people within La Francophonie.

104 ACHPR, ‘Resolution on Protection Against Violence and Other Human Rights Violations Against Persons on the Basis of DIGNITY their Real or Imputed Sexual Orientation or Gender Identity’ (2014) No. 275 (55th Ordinary Session).

105 International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA). “ILGA’s Directory of LGBTI and Allied Organizations: Department for International Development DFID,” 2009. Accessed May 02, 2015.

106 COC Nederland, accessed May 28, 2015; LLH, accessed May 21, 2015;

107Ministry of Foreign Affairs of the Netherlands, “Mensenrechtenrapportage 2013,” 2013, accessed January 19, 2016.

108 The White House, Office of the Press Secretary. “Presidential Memorandum – International Initiatives to Advance the Human Rights of Lesbian, Gay, Bisexual, and Transgender Persons,” December 06, 2011, accessed September 20, 2015.

109 Unites States Department of State & United States Agency for International Development, “Leading Through Civilian INITIATIVE Power: The First Quadrennial Diplomacy and Development Review,” 2010, accessed March 08, 2015.

110 For a thorough overview of Canada’s international and domestic obligations, see: Envisioning Global LGBT Human Rights, Envisioning LGBT Refugee Rights in Canada: The Impact of Canada’s New Immigration Regime, pp. 6-12, 2015, accessed February 04, 2016.

111Nicole LaViolette, “Sexual Orientation, Gender Identity, and the Refugee Determination Process in Canada,” Immigration and Refugee Board, May 2013, p. 15, accessed April 01, 2016.

HUMAN RIGHTS GLOBALLY ADVANCING LGBTI 112 Envisioning Global LGBT Human Rights: Refugee Rights in Canada, “Envisioning LGBT Refugee Rights in Canada: Is Canada a Safe Haven?” September 2015.

113 “Rainbow Refugee Assistance Program Extended for 2 Years,” CBC News: Nova Scotia, March 10, 2015. It should be noted that this program has been criticized insofar as it is only accessible for refugees covered under Sponsorship Agreement Holders – one of five different forms of resettlement sponsorship. Envisioning Global LGBT Human Rights. Envisioning LGBT Refugee Rights in Canada: The Impact of Canada’s New Immigration Regime, p. 26, June 2014.

114 Envisioning, Impact of Canada’s New Immigration, p. 25-26. It should be noted that three different forms of private sponsorship types exist: (1) Sponsorship Agreement Holders and their Constituent Groups – incorporated organizations with formal sponsorship agreements with Citizenship and Immigration Canada, (2) Groups of Five – groups of five or more Canadians who collective support and sponsor a refugee living abroad, and (3) Community Sponsors – for-profit, not-for-profit, incorporated, and/or non-incorporated organizations based in the community in which refugees are expected to settle.

115 M. Battista, personal communication, February 03, 2016

116 Ibid, p. 27. It should be noted that even if UNHCR staff are trained and able to provide support for LGBTI refugee claimants, it can also be difficult for LGBTI asylum seekers to know who they can trust. In the case of the Syrian refugee crisis, some officials have worn rainbow or pink triangle pins as a discreet way to enable LGBTI refugees to feel more comfortable and safe (M. Battista, personal communication, February 02, 2016).

117 Justin Taylor, personal communication, March 23, 2016

118 Envisioning, Impact of Canada’s New Immigration, p. 26

119 Ibid, p. 26,

120 Kate Lazier, personal communication, February 10, 2016

121 Stephanie Levitz, “Canada’s Refugee Effort Hailds as Model by UN Agency,” The Canadian Press, March 21, 2016.

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122 “FAQ: LGBT issues in Canada’s Immigration and Refugee System” [Web blog post], Egale Canada Human Rights Trust, accessed December 08, 2015.

123 S. Mas, “Nearly Half Oof Syrian Refugees Lack Permanent Home, as Ottawa Seeks Hotels,” CBC News, February 23, 2016.

124 For a more thorough analysis of these changes, see Envisioning, Impact of Canada’s New Immigration, p. 23.

125 Envisioning, Impact of Canada’s New Immigration

DIGNITY 126 Michael Battista, personal communication, February 03, 2016

127 Envisioning, Is Canada a Safe Haven?

128 A. Wyld, “Liberal Government Fully Restores Refugee Health Care Program,” CBC News, February 18, 2005.

129 Egale, Policy Questionnaire Sajnani, Impact of Canada’s New Immigration Regime M. Battista, personal communication, February 03, 2016

130Organization for Refuge, Asylum & Migration (ORAM), Migration and Travel Information for Russian LGBTI Individuals and INITIATIVE their Families, February 2014. The United States has also stated that LGBTI refugees/asylum-seekers can qualify for expedited resettlement: United States Department of State. Protecting and Assisting LGBT Refugees, 2012.

131 Justice & Peace, Human Rights Defenders and Security: Shelter City Initiative, 2015.

132 ORAM, Migration and Travel Information

133 US Department of State, “Specialized Funds,” accessed March 24, 2016. European Commission, “Small Grants,” 2016, HUMAN RIGHTS GLOBALLY ADVANCING LGBTI accessed March 20, 2016.

134 The Asylum Information Database, “Safe Countries of Origin”: A Safe Concept?” AIDA Legal Briefing No. 3, p. 2, September 2015.

135S. Jansen and T. Spijkerboer, “Fleeing Homophobia: Asylum Claims Related to Sexual Orientation and Gender Identity in Europe,” COC Nederland and Vrije Universiteit Amsterdam, 2011.

136 Sajnani, Impact of Canada’s New, p. 16

137 T. Batchelor, T. (2015, Mar 10). “’Guilty Until Proven Innocent:’ the Trial of LGBT Asylum Seekers Detained in the UK,” New Statesman, March 10, 2015.

138 “Read about LGBTI Asylum in Sweden,” ILGA Europe, accessed April 15, 2016.

139 US Department of State, “Protecting and Assisting LGBT Refugees,” 2012.

140 US Department of State, Protecting and Assisting LGBT

141 Government of the Netherlands, Antwoorden Kamervragen Over De Veiligheid Van Homoseksuele Asielzoekers, 2013.

142 Government of the UK Equalities Office, “Working for Lesbian, Gay, Bisexual and Transgender Equality: Moving Forward,” 2011, accessed January 28, 2016.

143 ORAM, “Pre-Order ORAM’s Credibility Assessment and Protection Suite – SOGI,” 2014.

144Heartland Alliance International, “About Us: Rainbow Welcome Initiative,” Accessed April 14, 2015.

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