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Addressing Human Rights Violations Based on Sexual Orientation & Gender Identi www.arc-international.net Addressing human rights violations based on sexual orientation & gender identity at the 27th session of the Human Rights Council - September 2014 There are a number of opportunities to raise awareness of human rights violations based on sexual orientation and gender identity at the upcoming 27th session of the Human Rights Council. These include general debate following the update by the High Commissioner, interactive dialogue with relevant Special Procedures (e.g. on water and sanitation, and arbitrary detention), relevant panels, UPR report adoptions and general debate under items 3, 4 or 8, as well as the opportunity for a resolution addressing ongoing violence and discrimination against LGBTI persons. This document provides a summary of these opportunities. In addition: − Annex I excerpts the references to sexual orientation and gender identity in the reports of the Special Procedures and other reports to the Council; − Annex II highlights UPR recommendations relating to sexual orientation and gender identity in the reports of the States under review; − Annex III outlines civil society expectations from the Human Rights Council in protecting the human rights of LGBTI persons through a resolution. OVERVIEW OF THE SESSION Opportunities to raise awareness of human rights violations based on sexual orientation and gender identity at the 27th session of the Human Rights Council include: General Debate following the High Commissioner’s update This will be Mr. Zeid Ra’ad Al Hussein’s first presentation to the Human Rights Council in his new capacity as UN High Commissioner for Human Rights. Under Navi Pillay, the OHCHR played an active role in calling for an end to violence, discrimination and criminalisation based on sexual orientation and gender identity. As part of an anti-discrimination campaign, the OHCHR committed to working with States, national human rights institutions and civil society to achieve progress towards the worldwide decriminalization of homosexuality and further measures to protect people from violence and discrimination on grounds of their sexual orientation or gender identity. The OHCHR launched a global public education campaign (“Free and Equal”) for LGBT equality (www.unfe.org). More information on the OHCHR work on SOGI issues can be found at: www.ohchr.org/EN/Issues/Discrimination/Pages/LGBT.aspx . For further information: John Fisher | Co-Director | +41-79-508-3968 | [email protected] Sheherezade Kara | Advocacy manager | +41-78-834-9916 | [email protected] http://arc-international.net/global-advocacy/human-rights-council/hrc27 Relevant State interventions might: − Congratulate the new High Commissioner on his appointment; − Reference the work of the OHCHR on human rights relating to sexual orientation, including the report (A/HRC/19/41) on Discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity, and encourage the OHCHR to explore opportunities for follow-up activities to raise awareness of the issues; − Ask the High Commissioner to outline how his Office intends to continue the work to fight discrimination against marginalised groups, including on grounds of sexual orientation and gender identity, and encourage the High Commissioner to continue to integrate the issues throughout the work of his Office, including at the field level. Reports to the Council Various reports to this session of the Council address human rights violations based on sexual orientation or gender identity. Full details are provided in Annex I. For example: The Secretary General, in his report on the question of the death penalty, noted that in some countries the death penalty was applied for numerous offense including consensual sexual acts, adultery, sodomy and extramarital sexual relations. The SG stated that “Laws criminalizing actual or purported engagement by adults in consensual sexual relations, including extramarital sex and premarital sex, contravene international human rights law and standards”; The OHCHR report on factors that impede equal political participation stresses that LGBTI people are among those most at risk of discrimination, unequal treatment, harassment and restrictions of the rights to public and political participation; The Working Group on arbitrary detention raised the lack of a mechanism to address situations where there is sufficiently reliable information that the execution of an order of arrest will result in arbitrary depravation of liberty. The Working Group was concerned about situations where an imminent arrest would constitute a violation of international law prohibiting discrimination based on sexual orientation or other status; The Special Rapporteur on safe drinking water and sanitation once again raised the issue of LGBTI individuals facing violence in accessing water and sanitation, linked to deeply entrenched stigmatisation; The Advisory Committee, in its progress report on the promotion and protection of human rights in post-disaster and post-conflict situations, highlights the “need to devote specific attention to the LGBT population, particularly in post-disaster and post-conflict situations”. The Advisory Committee states that “stigmatization and discrimination on the basis of sexual orientation increase gender-based violence in post-conflict and post-disaster situations, negatively affecting LGBT persons in the provision of food assistance, shelters and humanitarian aid”; The Communications report of Special Procedures also outlines cases of discriminatory laws, violent attacks, torture, death threats, arbitrary detention, physical and sexual violence in detention because of the victim’s sexual orientation or gender identity or expression. Relevant State interventions might: − Commend the Special Procedures, High Commissioner and Secretary General for their work in this area; 2 For further information: John Fisher | Co-Director | +41-79-508-3968 | [email protected] Sheherezade Kara | Advocacy manager | +41-78-834-9916 | [email protected] http://arc-international.net/global-advocacy/human-rights-council/hrc25 − Highlight the serious human rights violations identified on grounds of sexual orientation and gender identity, including attacks on human rights defenders, sexual violence, killings, arbitrary detention, discriminatory laws, and a lack of access to services; − Invite them to elaborate on what States can do to promote acceptance, respect for diversity and address the root causes of such violations; − Bring particular attention to gender-based violence, and targeting of transgender persons; − Ask how the Council and its mechanisms can best promote and protect the human rights of the most marginalised, including those who are lesbian, gay, bisexual, transgender or intersex; − Ask how the Council and its mechanisms can combat human rights violations justified by cultural, religious or traditional values. General statements – items 3, 4 & 8 There will be opportunity for statements during general debate, particularly under item 3 (promotion and protection of all human rights), item 4 (Human rights situations that require the Council’s attention) – which might be used to address country situations of particular concern, and item 8 (follow-up to and implementation of the VDPA). Statements by regional or cross-regional groupings might express concern about continuing violence and related human rights violations based on sexual orientation and gender identity, reference the SOGI resolution, report and regional meetings, and call for constructive dialogue and systematic follow-up by the HRC so that the Council may better comply with its mandate of promoting and protecting human rights for all people without distinction. Item 4 affords an opportunity to highlight human rights violations and negative trends of particular concern, such as ongoing situations in Nigeria and Russia, which undermine the human rights of persons on the basis of their sexual orientation and gender identity. In Nigeria, the passing of an oppressive bill criminalising same sex relations with a 14-year sentence has led to a rise in arrests as well as mob violence and attacks against members of the LGBT communities. In Russia, the law prohibiting “propaganda of non-traditional relationships” severely restricts freedoms of expression and assembly, and has been used to target groups and individuals based on their sexual orientation and gender identity. This is in the context of a wider trend of limitations on civil society organisations in Russia and the region, where other countries are also discussing anti-propaganda laws. Recent publications providing more detailed information on country situations of concern: LGBTI people, their human rights and organizations in Russia: developments between June and December 2013 - http://tiny.cc/russialgbti UN human rights chief denounces new anti-homosexuality law in Nigeria - http://tiny.cc/pillaynigeria UPR report adoptions – item 6 The UPR report adoption process affords an opportunity to commend those States which have responded favourably to relevant recommendations, and to encourage States who have not to address these issues more positively in future. 3 For further information: John Fisher | Co-Director | +41-79-508-3968 | [email protected] Sheherezade Kara | Advocacy manager | +41-78-834-9916 | [email protected] http://arc-international.net/global-advocacy/human-rights-council/hrc25 Many relevant
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