Addressing Human Rights Violations Based on Sexual Orientation & Gender Identi

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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 .

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

− 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.

Many relevant recommendations relating to sexual orientation and gender identity issues were raised during the UPR of those States whose reports are due to be adopted. A full list of UPR recommendations for the States under review is attached as Annex II. In particular:

− Albania accepted recommendations to strengthen efforts in the fight against discrimination against LGBTI persons; − Cote d’Ivoire is expected to respond to a recommendation to better protect LGBTI persons against any act of discrimination and violence; − Bhutan is expected to respond to a recommendation to decriminalise sexual acts between consenting adults of the same sex; − Costa Rica is expected to respond to recommendations to combat discrimination against LGBT persons in law and practice, with emphasis on the difficulties faced by trans people; − Ethiopia rejected recommendations to decriminalise homosexuality; − Nicaragua is expected to respond to a recommendation to ensure the approval of an inclusive Family Code respectful of the right to gender identity and sexual orientation.

States under review should be encouraged to provide clear answers to all recommendations prior to the adoption of their report.

Panels & side events

On the morning of 15th September, the Council will hold a panel discussion on the protection of the family and its members, following polarised negotiations at the 26th session of the HRC which saw some States advocating the exclusion of language on diverse family forms, and the inclusion of restrictive definitions of family. We encourage States to:

− stress that the human rights of individuals should form the basis of any discussions in the HRC; − express concern about human rights violations in family contexts, including forced marriage, marital rape, domestic abuse, sexual abuse of children and FGM; − note that under international human rights law, every human being has the right to found a family; − reaffirm that “various forms of the family exist”, and; − stress that the different family forms require different types of support from Governments in order to enhance the well-being of the individuals within these families.

On the afternoon of the 15th, the Council will hold the annual discussion on the integration of a gender perspective. This will be an important discussion, focused on the integration of a gender perspective into the country-focused work of the Human Rights Council, including its geographic special procedures, country-specific reports by thematic procedures, and the establishment and reports of Commissions of Inquiries and Fact-Finding Missions.

Relevant side events of interest include:

10th September 16:30 – 18:30 Allied Rainbow Communities (ARC) International, Article 19, International Service for Human Rights : Universality of Human Rights (Room XXIV)

12th September 17:00 – 18:30 International Lesbian and Gay Association (ILGA) LGBTI persons and human rights (Room XXIV)

17th September 15:00 - 17:00 Allied Rainbow Communities (ARC) International: Human Rights of LGBTI persons (Room XXV)

Resolutions

ARC International stands with other civil society organisations and human rights defenders calling on the Human Rights Council to adopt a resolution to address the ongoing human rights violations against LGBTI people.

It has been more than three years since the last resolution, and human rights violations on these grounds continue on a systemic basis. There are also good practices and positive developments in regional human rights bodies, such as the recent resolutions of the African Commission on Human and Peoples’ Rights and the Inter-American Commission on Human Rights. It is time for the Human Rights Council to take a stand at the international level, to move towards accountability for violence and discrimination committed worldwide against LGBTI persons.

We agree fully with the statement delivered at the June session by Argentina, Brazil, Chile, Colombia, Mexico and Uruguay that "reluctance to again resume work on this topic would send a negative message to those who advocate the protection and promotion of human rights [and] would give the wrong message that Human Rights Council is not able to provide all vulnerable groups with the protection and attention that they require and deserve."

Please see Annex I for reports to this session containing examples of violations against LGBTI persons, including specific cases of discriminatory laws, violent attacks, torture, death threats, arbitrary detention, physical and sexual violence in detention outlined in the Communications report of Special Procedures.

Please see Annex III for joint civil society statements on the issue of a resolution on these issues.

#ItsTimeHRC

ANNEX I REFERENCES TO SEXUAL ORIENTATION & GENDER IDENTITY IN REPORTS TO THE HUMAN RIGHTS COUNCIL

A/HRC/27/21 - Analytical study focusing on gender-based and sexual violence in relation to transitional justice - Report of the Office of the United Nations High Commissioner for Human Rights

II. Gender-based and sexual violence in relation to transitional justice 3. Gender-based violence is considered to be any harmful act directed against individuals or groups of individuals on the basis of their gender. Gender-based violence may include sexual violence, domestic violence, trafficking, forced/early marriage and harmful traditional practices. Sexual violence is a form of gender-based violence and encompasses “any sexual act, attempt to obtain a sexual act, unwanted sexual comments or advances, or acts to traffic, or otherwise directed against a person’s sexuality using coercion, by any person regardless of their relationship to the victim, in any setting”. Sexual violence takes multiple forms and includes rape, sexual abuse, forced pregnancy, forced sterilization, forced abortion, forced prostitution, trafficking, sexual enslavement, forced circumcision, castration and forced nudity.

4. An understanding and analysis of how gender intersects, for instance, with race, religion, economic situation, political affiliation and geography is also critical to understanding and addressing patterns and forms of gender-based violence. In some contexts, it is also important to take into consideration violence perpetrated against persons perceived as not conforming to traditional notions of masculinity or femininity, including lesbian, gay, bisexual and transgender persons.

11. There is often a need to address the practical obstacles faced by women, men, girl and boy victims of gender-based and sexual violence in participating in consultation processes. For instance, to express free and frank opinions, women should be consulted separately from men and, as appropriate, by other women and without haste. Protections from backlash and stigmatization, including strict safeguards of confidentiality and anonymity, are essential. To avoid re-traumatizing victims, consultations must be held in safe, neutral spaces by people trained in working with victims of gender- based and sexual violence. This is particularly critical when consulting children, which should generally only be done by specially trained personnel. The reluctance of victims to disclose their experiences may be compounded in countries where there is little awareness that gender-based and sexual violence is criminal, or where victims may face counter-charges of adultery or morality-related offences for bringing a sexual violence claim. Sensitization efforts giving local populations necessary information about transitional justice processes can play an important role in that regard. More efforts are also needed to understand and address the particular barriers that male, lesbian, gay, bisexual and transgender persons and other marginalized victims of sexual violence may face in coming forward in consultations.

A/HRC/27/23 - Question of the death penalty - Report of the Secretary-General

II. Changes in law and practice 18. Brunei Darussalam adopted a new penal code that imposes the death penalty for numerous offences. The new code also introduces stoning to death as the specific method of execution for rape, adultery, sodomy and extramarital sexual relations.

V. Application of safeguards guaranteeing protection of the rights of those facing the death penalty A. Restriction of use of the death penalty to “most serious crimes” 6

28. In accordance with article 6, paragraph 2, of the International Covenant on Civil and Political Rights, States that have not yet abolished the death penalty should only impose it for the “most serious crimes”. In international human rights jurisprudence, that term has been interpreted as allowing the death penalty to be applied only to the crime of murder or intentional killing. However, the death penalty continues to be applied in some countries for crimes or acts not involving intentional killings, such as “drug-related offences”, “consensual sexual acts”, economic and political crimes, robbery, blasphemy, witchcraft and sorcery.

2. Use of the death penalty for consensual sexual acts between adults 32. The use of the death penalty for acts in connection with consensual sexual relations and activities do not meet the threshold of “most serious crimes.” At least 10 States1 continue to impose and carry out the death penalty in connection with actual or purported engagement in consensual sexual acts, such as “adultery” and “sodomy”. 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 (see, for example, A/53/40 (Vol. I), para. 119).

33. In addition, although the language of such laws may be gender neutral and may not appear to directly discriminate against women, in practice, their application and enforcement often disproportionately affect women’s enjoyment of their rights. Studies repeatedly demonstrate that women are more likely to be sentenced to death for such crimes, owing to deeply entrenched discriminatory societal attitudes and the biases against women suspected of adultery or of engaging in extramarital relationships among the judiciary and law enforcement officers (A/HRC/23/49/Add.5, para. 6).

34. Imposition of the death penalty for offences relating to consensual adult homosexual conduct continues to be provided for in the legislation of a few States. The Human Rights Committee expressed concerns that, in Mauritania, homosexuality is a crime punishable by death. Such punishment violates the provisions of the International Covenant on Civil and Political Rights (arts. 2, 6, 17 and 26) and the Committee recommended that Mauritania decriminalize homosexuality (CCPR/C/MRT/CO/1, para. 8). While reviewing a periodic report of the Islamic Republic of Iran, the Committee on Economic, Social and Cultural Rights expressed concern over the criminalization of consensual same-sex sexual activity and the possibility that convicted persons may be subject to the death penalty (E/C.12/IRN/CO/2, para. 7).

VIII. Conclusions 72. The trend towards the universal abolition of the death penalty is continuing. However, numerous concerns remain with regard to the lack of respect for relevant international human rights norms and standards in States where the death penalty is still imposed. Until the death penalty is fully abolished, retentionist States must ensure that the death penalty is imposed only for those crimes that involve intentional killing. The death penalty should not be imposed for “drug offences”, “consensual adult sex”, “blasphemy” or any other acts that do not meet the threshold of “most serious crimes”. States should abolish the mandatory death penalty, where it still exists. States must also ensure that the highest level of compliance with fair trial and other international human rights norms and standards are met in all death penalty cases.

A/HRC/27/26 - Summary of the high-level panel discussion on the question of the death penalty - Report of the Office of the United Nations High Commissioner for Human Rights

V. Summary of the interactive discussion B. Implementation of international human rights standards and safeguards 31. Several delegations expressed concern that a number of countries continued to apply the death penalty at an alarming rate. For instance, it was noted that, since the beginning of 2014, 155 people,

1 Afghanistan, Brunei Darussalam, the Islamic Republic of Iran, Mauritania, Nigeria, Pakistan, Saudi Arabia, Somalia, Sudan and Yemen 7

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 including several minors, had reportedly been executed in the Islamic Republic of Iran. However, only 84 of those executions had been officially confirmed. It was also noted that the Islamic Republic of Iran continued to apply the death penalty for crimes, including drug-related crimes and sexual offences, that did not meet the criteria of “most serious crimes”. In Iraq, 170 people had reportedly been executed in 2013, making the country one of the top three executors in the world. The majority of those executions had reportedly been carried out under the pretext of fighting terrorism, on the basis of the 2005 anti-terrorism law, which provided capital punishment for a multitude of unclear crimes.

A/HRC/27/28 – Plan of action for the third phase of the World Programme (2015-2019) on human rights education - Report of the Office of the United Nations High Commissioner for Human Rights

I. Introduction C. Principles for human rights education activities 9. Educational activities within the World Programme shall: (b) Foster respect for and appreciation of diversity, and opposition to discrimination on the basis of race, sex, gender, language, religion, political or other opinion, national, ethnic or social origin, disability or sexual orientation and on other bases;

A/HRC/27/29 – Factors that impede equal political participation and on steps to overcome those challenges - Report of the Office of the United Nations High Commissioner for Human Rights

II. The scope of rights to participate in political and public affairs A. Electoral rights: the right to vote and to stand for elective office 15. In some contexts, candidates for elective office may face discrimination, including harassment and violations of rights to freedom of assembly and association, violence and even criminal law sanctions. These forms of discrimination have been observed in relation to candidates for elective office who advocate for the rights of women, trade unions, minorities, lesbian, gay, bisexual, transgender and intersex persons and other marginalized groups (see A/HRC/23/50, paras. 64–65, and A/HRC/26/29).

IV. Equality in the exercise of political participation rights 43. Effective participation in public and political life is limited or prevented by formal and substantive discrimination on any of the above-mentioned grounds. The category of “other status” is non- exhaustive and has been interpreted by human rights mechanisms as including discrimination on the grounds of age, gender identity, disability, nationality and sexual orientation. For example, human rights mechanisms have noted that criminal law sanctions that target lesbian, gay, bisexual and transgender persons, as well as discriminatory restrictions on their freedoms of peaceful assembly, association and expression result in severe limitations on their participation in political and public life (A/HRC/26/29).

A. Women and equal political participation 51. The Committee [on the Elimination of Discrimination against Women] also observes that traditional cultural values and religious beliefs, an absence of social services, men’s failure to equally share caring and household tasks, violence against women, women’s economic dependence on men, gender stereotyping that offers a narrow vision of “women’s political concerns” and the low level of representation of women in the professions from which politicians are recruited, have all played a significant part in the systematic exclusion of women from public life (paras. 10–12).

F. Civil society organizations, human rights defenders and equal political participation

85. Discrimination, unequal treatment, harassment and restrictions of the rights to public and political participation are often directed against human rights defenders and civil society organizations advocating for the rights of marginalized groups. Those most at risk include people and organizations engaged in defending the rights of persons with disabilities, youth and children, women, lesbian, gay, bisexual, transgender and intersex people, members of minority groups, indigenous peoples, internally displaced persons, and non-nationals such as refugees, asylum seekers and migrant workers (A/HRC/26/29, paras. 10–11).

V. Conclusion and recommendations 94. Legislation should be enacted to encourage independent, plural media services and to ensure that journalists, human rights defenders and civil society organizations are able to freely pursue their activities. Administrative requirements related to the registration and financing of civil society organizations, the conduct of peaceful assemblies and other activities connected to the exercise of political and public participation rights should be reviewed to ensure that they are not discriminatory and that they do not unduly limit the enjoyment of rights to participate in public affairs.

101. Specific strategies for the promotion and protection of political and public participation rights should be developed within the framework of international cooperation and assistance programmes, particularly in connection with States in transition. These programmes should be inclusive and focus, as a priority, on engaging with people from marginalized groups.

A/HRC/27/33 – Summary of the Human Rights Council panel discussion on the importance of the promotion and protection of civil society space - Report of the Office of the United Nations High Commissioner for Human Rights

II. Statements by the Secretary-General and the Deputy United Nations High Commissioner for Human Rights, and contributions by the moderator and panellists D. Member of the Committee on the Rights of Persons with Disabilities and Member of the Parliament of Turkey 17. Ms. Pavey explained that civil society acted as a mechanism for societal balance and formed a “social opposition language” to government policies, without creating a political party. Therefore, interest in societal movements focusing on discrimination in areas such as gender, race, disability, ethnicity and sexual orientation had increased tremendously. She regretted that, in some societies, in particular those in transition or where there were internal conflicts, civil society was controlled or repressed through financial and legal pressures, or through the creation of “government-organized” non-governmental organizations, created with the sole intention of supporting the Government’s policies in the public or international arena.

20. Ms. Pavey pointed out that it was difficult for civil society to overcome cultural or political barriers in some societies, but when it was able to operate more freely, it delivered positive results in the fight against injustice and inequality and in combating racial and gender discrimination through peaceful methods. Civil society organizations often proved to be effective in working with Governments to remove barriers and discrimination. For example, LGBT communities advanced their cause purely through civil society movement while eschewing violent means.

III. Summary of the discussion B. Challenges faced by States in their efforts to ensure space for civil society 47. Concerns were expressed by some delegations about the serious risks faced by human rights defenders as well as by members of their families. Particular concern about the risks faced by women defenders was highlighted. Journalists and media professionals who attempted to report demonstrations and police violence endured detention, imprisonment and forced dismissal. Forcible closure of newspapers was also a matter of concern. Particular concerns were expressed about the marginalization of groups, such as LGBT persons and organizations in several countries, as well as

D. Strategies and steps that could be adopted to ensure a safe and enabling environment for civil society 69. Several delegations referred to the importance of the national legal framework. It was stressed that, while all individuals were subject to the sovereign laws of the relevant State, national legislation should be consistent with international human rights law to ensure that civil society can operate in a safe and enabling environment. It was suggested that ethical, religious or cultural values should not be used as a justification for putting in place national legislation that undermined the universality of human rights. Some delegations urged that a review be conducted of national legislation that criminalized non-governmental organizations on the basis of their activities or sources of funding. It was stressed that laws restricting freedom of peaceful assembly should be reviewed, and that States should prevent and sanction the excessive use of force when dispersing assemblies. There was a suggestion that laws that prohibit human rights advocacy relating to sexual orientation and gender identity should be repealed. Some delegations expressed the view that the domestic legal framework should ensure that the right to freedom of expression, peaceful assembly and association fully respected the rights of others and guaranteed the independence, accountability and transparency of civil society. The need to ensure that the legal framework was conducive to the establishment of children’s organizations was also stressed.

A/HRC/27/34 – Summary report on the panel discussion on preventing and eliminating child, early and forced marriage - Report of the Office of the United Nations High Commissioner for Human Rights

II. Summary of discussions 4. In her opening remarks, the Deputy High Commissioner for Human Rights stated that child, early and forced marriage violated human rights and affected girls and women disproportionately. The origins of this practice were rooted in unequal gender status and power relations, which resulted in the perpetual subjugation of girls and women. She highlighted the fact that discriminatory cultural practices based on stereotypical views of women’s roles and sexuality, as well as poverty and insecurity, were structural causes. She also pointed out numerous human rights violations resulting from child, early and forced marriage, including those relating to employment, education and other opportunities for girls and young women, as well as exposure to a variety of forms of violence. Moreover, it was associated with a range of poor health outcomes, including early and frequent pregnancy and forced continuation of pregnancy, all of which were closely linked to high rates of death for both young mothers and their infant children.

A/HRC/27/48 – Report of the Working Group on Arbitrary Detention

II. Activities of the Working Group in 2013 D. Prevention of imminent arbitrary deprivation of liberty 62. Under the Working Group’s current methods of work, there is no mechanism addressing situations where there is sufficiently reliable information that the execution of an order of arrest will result in arbitrary depravation of liberty. In effect, the Working Group currently has to wait until the arrest warrant is executed and the person is arbitrarily detained.

63. A mechanism might be applicable in situations when an individual is to be arrested solely because he or she has exercised the fundamental rights or freedoms guaranteed by international human rights law. Similarly, it could apply in situations where an imminent arrest would constitute a violation of international law prohibiting discrimination based on national or ethnic origin, religion, political or other opinion, gender, sexual orientation or other status, and which might result in the equality of human rights being ignored. 10

64. If such a preventive mechanism was available to the Working Group, then section V of its methods of work (urgent action procedure) would apply mutatis mutandis to the consideration of communications on imminent arbitrary deprivation of liberty.

A/HRC/27/48/Add.4 – Working Group on Arbitrary Detention, Mission to Hungary

III. Overview of the institutional and legal framework B. Judicial guarantees 38. The new Criminal Code, which entered into force on 1 July 2013, introduces changes in the provisions protecting persons from hate-motivated assaults due to their real or perceived identity. Whereas the old Criminal Code (Act IV of 1978) explicitly prohibited assaults only on the ground of nationality, ethnicity, race or religion, the new law also includes a non-exhaustive list (i.e. sexual orientation, gender identity and disability).

A/HRC/27/55 – Report of the Special Rapporteur on the human right to safe drinking water and sanitation

III. A typology of common violations of the human rights to water and sanitation D. Violations of the obligation to refrain from discrimination and to ensure substantive equality 3. Failure to prevent and combat stigmatization and to take measures against discrimination in the private sphere 64. Women and girls are frequently subjected to unacceptable risks of violence, including sexual violence, in accessing water and sanitation facilities. Their right to personal security may be violated by failures to provide adequate protection from violence, including through appropriate design and placement of facilities with the participation of women. Many other groups and individuals such as Dalits and lesbian, gay, bisexual, transgender and intersex individuals also face violence in accessing water and sanitation, often linked to deeply entrenched stigmatization.

4. Failure to monitor inequalities in access to water and sanitation and to collect disaggregated data for that purpose 66. Without collecting data on inequalities, States are unable to identify systemic discrimination and inequalities. The failure to collect data makes it more difficult, if not impossible, to hold States to account for a lack of progress. In the context of disability, article 31 of the Convention on the Rights of Persons with Disabilities explicitly obliges States to collect and disaggregate data to enable them to formulate appropriate policies. There is often a misconception that the collection of disaggregated data would be discriminatory as such. However, the contrary is true: disaggregated data are necessary in order to address inequalities. Where States fail to take reasonable measures and to make monitoring part of their planning exercises, they may be violating human rights. In collecting such data, States must put in place appropriate mechanisms to safeguard the privacy and security of individuals and groups and prevent misuse of data. This includes repealing laws that criminalize people because of their identity, for instance on the basis of sexual orientation or gender identity, in order to avoid a particular population group being targeted and abused under the pretext of monitoring. Without such safeguards, being identified as a distinct group may be politically sensitive, reinforce stigma and result in grave risks to individuals and groups.

67. Violations of rights to non-discrimination and equality infuse other rights violations. What has become increasingly clear to the Special Rapporteur is that systemic and widespread denials of access to water and sanitation are first and foremost driven by patterns of discrimination, stigmatization and exclusion. Challenging violations of rights to water and sanitation invariably confronts endemic patterns of inequalities. More efforts are needed, in particular with regard to challenging discrimination faced by persons with disabilities, inequalities based on socioeconomic status, and discrimination and stigmatization deeply entrenched in society. 11

A/HRC/27/56/Add.1 – Report of the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, Mission to Spain

VI. Reparation B. Programme of reparations 90. Act No. 52/2007 extends some of the existing provisions, concerning amounts and delays, and includes reparations for new categories of victims. Some gaps still remain, however, which autonomous community legislation did its best to fill. Many victims and families have complained that the current scheme still excludes whole groups of victims, as well as some categories of persons who had been detained under special conditions, such as in concentration camps or labour camps, and persons detained under the 1933 Anti-Vagrancy and Delinquency Act (Ley sobre vagos y maleantes), which was replaced in 1970 by the Social Dangerousness Act (Ley de peligrosidad social), both of which, it was alleged, had been used to apply a form of social control and repression by the Franco regime. The persons involved were reportedly excluded from measures of reparation, such as the calculation of social security contributions, nor were they considered as “former social prisoners”, since Act No. 2/2008 restricted this category to persons detained on account of their sexual orientation.

A/HRC/27/57 – Progress report of the research-based report of the Human Rights Council Advisory Committee on best practices and main challenges in the promotion and protection of human rights in post-disaster and post-conflict situations

V. Current situation C. International non-governmental organizations concerned with humanitarian aid and assistance 30. Many non-governmental organizations (NGOs) have experience in providing humanitarian aid and assistance worldwide. Among the main international NGO coalitions and platforms currently working on the coordination of humanitarian aid worldwide are:

(b) ACT Alliance – Action by Churches Together, a coalition of more than 140 churches and affiliated organizations working together in over 140 countries to create positive and sustainable change in the lives of poor and marginalized people, regardless of their religion, politics, gender, sexual orientation, race or nationality, in keeping with the highest international codes and standards.

VI. Human rights aspects of humanitarian action: good practices and challenges A. Vulnerable groups 51. All people can be at risk and can be affected by the negative impact of disasters and conflicts, but their vulnerability depends on their social, economic, political, cultural and ethnic positions in society. Humanitarian action should therefore focus on women, children, the elderly, persons with disabilities, indigenous people, minorities and lesbian, gay, bisexual and transgender (LGBT) persons. Affected populations are rights-holders and not mere beneficiaries of charitable action.

57. There is a need to devote specific attention to the LGBT population, particularly in post-disaster and post-conflict situations. 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.

C. Challenges 92. Attention should be paid to preventing domestic violence and gender-based violence. Information and comprehensive assistance should be provided to support women and child survivors of violence both in the emergency areas and in those not affected by disasters or conflicts, for example in host 12

A/HRC/27/72 – Communications report of Special Procedures

Date: 11/03/2014 Type: Joint Urgent Appeal Case number: CIV 1/2014 Country: Côte d'Ivoire Mandates: Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders; Summary executions; Summary of the allegation transmitted: Allégations d’attaques physiques et menaces de mort contre le personnel d’une organisation non gouvernementale. Selon les informations reçues, entre le 29 décembre et le 25 janvier 2013, les membres d’Alternative-Côte d’Ivoire, une organisation qui milite pour les droits des personnes vivant avec le VIH/Sida et les droits des personnes lesbiennes, gays, bisexuelles, transgenres et intersexuées (LGBTI) en République de Côte d’Ivoire, auraient été victimes d’actes de violences et d’intimidations, y compris de menaces de mort, répétées. Ces actes, et l’inaction de la police, les auraient forcés à suspendre leurs activités. Reply: none

Date: 28/03/2014 Type: Joint Allegation Letter Case number: NGA 2/2014 Country: Nigeria Mandates: Summary executions; Torture; Summary of the allegation transmitted: Alleged attacks on grounds of actual or perceived sexual orientation, and police inaction with regards to these attacks. According to the information received, a group of men were attacked by another group of individuals on 12 and 13 February 2014 in Gishiri village, Abuja, on the grounds of their actual or perceived sexual orientation. It is alleged that the attacked men were threatened with death, severely injured and robbed. While some of the attacked men were taken to the police stations in Gishiri and Mabushi, they were reportedly also insulted and beaten by the police, as well as interrogated about their sexuality. Reportedly, the police have not investigated these attacks. Grave concern is expressed at the allegations of ill-treatment amounting to torture, and the death threats made against these men, as well as at the alleged failure of the authorities to investigate, prosecute and punish the perpetrators of those acts. Reply: none

Date: 17/04/2014 Type: JUA Case number: EGY 4/2014 Country: Egypt Mandates: Arbitrary detention; Independence of judges and lawyers; Torture; Violence against women; Summary of the allegation transmitted: Alleged arrest, detention, conviction and sentencing of four individuals on the sole basis of their sexual orientation and/or gender identity. According to the information received, the four individuals, two of them identifying as male-to-female transgender, were arrested without a warrant at their apartment in Cairo on 1 April 2014. They were allegedly subjected to both physical and sexual violence in detention. They were interrogated by the prosecutor on 2 April 2014 and sentenced on 7 April 2014 to several years in prison on charges related to “debauchery” under Law 10/1961. Concerns are expressed at the allegations of physical and sexual violence while in detention and that the individuals may have been sentenced on the sole basis of their sexual orientation and/or gender identity. 13

Reply: none

Date: 06/05/2014 Type: JAL Case number: KGZ 1/2014 Country: Kyrgyz Republic Mandates: Freedom of expression; Freedom of peaceful assembly and of association; Health; Human rights defenders; Summary of the allegation transmitted: Alleged discriminatory consequences and negative impact on the peaceful and legitimate work of human rights defenders of the draft Bill “On the formation of a positive attitude toward non-traditional forms of sexual relations”. According to the information received, on 26 March 2014, the Bill was submitted for public consultation until 26 April 2014. The Bill was then ‘suspended’ for procedural reasons, but was still undergoing evaluations within the relevant departments of the Kyrgyz Republic’s Parliament. If adopted, the Bill would amend the Criminal Code, the Code of Administrative Responsibility, the Law on Peaceful Assembly, and the Law on Mass Media, and introduce a range of criminal and administrative sanctions on persons who speak or act in a way that creates “a positive attitude toward non-traditional sexual orientation”. Concern is expressed at the detrimental effect of the Bill on the peaceful and legitimate work of human rights defenders in the Kyrgyz Republic who are working to protect and promote the rights of the LGBT community. Reply: none

ANNEX II UPR RECOMMENDATIONS RELATING TO SEXUAL ORIENTATION & GENDER IDENTITY

Norway Recommendations: Continue to take steps to ensure the rights of LGBT persons are protected, including through implementation of the four new anti-discrimination acts; provide, in accordance with its obligations under International Human Rights Law, the widest possible protection and support for the family, as the natural and fundamental unit of society; Continue efforts aimed at countering gender stereotypes and discriminative attitudes, as well as at further promotion of gender equality; Take effective actions to curb over-sexualisation of women in media.

Status: Pending

Albania Recommendations: Study the possibility of strengthening the measures to fight discrimination, in order to eradicate the trend and/or the dissemination of stereotypes that lead to discrimination on the grounds of sexual orientation; Continue to provide, in accordance with its obligations under International Human Rights Law, the widest possible protection and support for the family, as the natural and fundamental unit of society; Intensify efforts in the fight against all forms of discrimination, in particular against LGBTI persons and minorities, by fully implementing the Law on Protection against Discriminations.

Status: Accepted.

DRC Recommendations: Revise the Family Law to ensure gender equality; Adopt provisions prohibiting polygamy, early marriage and female genital mutilation; Withdraw the discriminatory provisions contained in their Family Code and adopt the draft Law on Gender Equality.

Status: Accepted.

Cote d’Ivoire Recommendation: Better protect LGBTI persons and persons with AIDS against any act of discrimination and violence and review its legislation in this context.

Status: Pending

Recommendations: Take further steps to prevent discrimination on the grounds of gender identity and sexual orientation and to raise awareness on its consequences; Conduct such specific awareness raising campaigns which can help to sensitize the general Ivorian public regarding the rights of LGBTI persons.

Status: Rejected.

Portugal Recommendations: Provide, in accordance with its obligations under International Human Rights Law, the widest possible protection and support for the family, as the natural and fundamental unit of society; Take all necessary measures to guarantee the protection of the family, and lay down an efficient system for families in order to guarantee the enhancement of social cohesion and prevent

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 family disintegration and social fracturing; Support and protect the family as a fundamental and natural unit of society.

Status: Accepted

Recommendations: Foster and safeguard the family, based upon the stable relationship between a man and a woman, as the natural and fundamental unit of society; Take measures in order to allow the co-adoption of children by same-sex couples.

Status: Noted.

Bhutan Recommendations: Decriminalize sexual acts between consenting same-sex adults; Continue to provide, in accordance with its obligations under International Human Rights Law, the widest possible protection and support for the family, as the natural and fundamental unit of society.

Status: Pending

Dominica Recommendations: Step up the implementation of measures to reduce gender and sexual orientation discrimination, including awareness activities; Decriminalise consensual adult same-sex activity by amending article 14 and repealing article 16 of the Sexual Offences Act; Establish anti-discrimination laws and regulations ensuring that LGBT persons and other vulnerable groups enjoy equal treatment.

Status: Pending

DPRK Recommendation: Continue building social structure of her Country focusing on the promotion and protection of the family as the vital Unit of the society.

Status: Pending

Brunei Recommendations: Decriminalize sexual activity between consenting adults, and repeal all provisions of the newly enacted Penal Code discriminating against women and sexual minorities and introducing cruel or inhuman forms of punishment; Proceed to the abolition of current legislation criminalizing sexual relations between persons of the same sex; Continue to pursue its social policies upholding the institution of family in line with traditional family values.

Status: Pending

Costa Rica Recommendations: Continue the measures to combat discrimination against LGBTI persons; Design awareness raising policies and programs regarding prevention of discrimination of LGBT and to provide equal rights for LGBT; Fight discrimination against LGBT persons both in law and practice, which impacts on the possibilities of education, justice and access to health services, with emphasis on the difficulties faced by trans people; Continue to uphold the traditional values of family life.

Status: Pending

Equatorial Guinea Recommendation: Initiate an awareness raising campaign on the importance of equal rights for LGBT persons, in order to foster a climate of true social acceptance in the spirit of the Constitution of Equatorial Guinea.

Status: Pending

Ethiopia Recommendations: Continue strengthening the role and contribution of the family in the society; For the continued development of the country, take into account and support the family, based on the stable relationship between a man and a woman, as the natural and fundamental unit of society, both in taxation and general legislation.

Status: Accepted.

Recommendations: Amend the Penal Code to decriminalize homosexuality; Extend measures to combat discrimination to the entire vulnerable population, which is victim of stereotypes and discrimination, particularly discrimination based on sexual orientation, and thus amend the criminalization established in the Criminal Code relating to that sector of the population.

Status: Rejected.

Qatar Discussions: There were no recommendations on SOGI issues, however Costa Rica expressed concern that a draft law would prohibit homosexuals and travestis from living or working in Qatar. Qatar stated that with regard to sexual freedoms and same-sex marriage, Sharia was the main source of Qatari legislation pursuant to article 1 of the Constitution. The corresponding principles were reflected in articles 279 to 289 of the Criminal Code.

Nicaragua Recommendations: Continue the increased respect for LGBT rights and assure the approval of an inclusive Family Code respectful of the right to gender identity and sexual orientation; Continue with the measures aimed at combating stereotypes and discrimination suffered by LGBTI persons.

Status: Pending

ANNEX III CIVIL SOCIETY EXPECTATIONS FOR A HUMAN RIGHTS COUNCIL RESOLUTION

A. Protecting the human rights of LGBTI persons: Expectations of the UN Human Rights Council*

Introduction:

Human Rights Council resolution 17/19 expressed “grave concern” at human rights violations based on sexual orientation and gender identity and underlined the responsibility of the Council for “promoting universal respect for the protection of all human rights and fundamental freedoms for all, without distinction of any kind and in a fair and equal manner”.

LGBTI persons continue to face systemic human rights violations based on these and related grounds in all regions of the world, and these violations require a systemic response. There are also good practices in all regions of the world, which need to be supported and encouraged in order to strengthen human rights protection on these grounds.

Goals & Expectations from the UN:

Civil society organisations have identified a number of key goals and expectations for the Human Rights Council as the UN body with primary responsibility for human rights:

• Institutionalisation: a resolution process that institutionalises SOGI/SRHR/SR in some definite form at the Human Rights Council; • Promotion: a Council that is better informed about SOGI issues, including specific attention to trans and intersex issues, and promotes the rights of LGBTI individuals; • Protection: regular reporting by States, and monitoring of country situations; • Standard-setting: developing knowledge around these issues within a human rights framework, and building awareness through regular thematic reports and discussion; • Technical Assistance & Implementation: providing technical assistance to States to support positive changes in national laws and practices; • Accountability: clearer frameworks for addressing SOGI-related human rights violations; • Mainstreaming: better mainstreaming and integration of SOGI issues throughout the work of the UN, and mapping of all spaces where SOGI, SRHR, SR conversations are occurring within the UN and related institutions. • Intersectionality: for many members of our communities, issues of sexual orientation, gender identity and expression are inextricably linked to broader issues of bodily autonomy and sexual and reproductive health and rights, as well as to efforts to address multiple and intersecting forms of discrimination. A broader framing would be welcomed, as would an intersectional approach which enables these linkages to be articulated and further addressed by the Council.

Model for advancing these objectives:

A number of models have been identified for institutionalizing attention to the issues at the UN, for example through creation of a new mechanism, expansion of the mandate of an existing mechanism or more systematic reporting by the High Commissioner and dialogue with the Council (whether through a dedicated unit at the OHCHR or otherwise). Whichever model is adopted, key functions identified include:

• Systematic reporting on SOGI issues, building awareness of trans and intersex rights, and encouraging systematic reporting on SOGI issues by States; • Development of norms/standard-setting; 18

• Focal point for better mainstreaming of SOGI/SRHR/SR throughout the UN system • Provision of technical assistance to States to encourage national-level reform; • Promote collaboration, dialogue and continuous consultation on SOGI issues, eg through regional consultations and annual discussion in the Council; • Protection mandate through monitoring of situation in-country, site visits, regional consultations, and individual communications; • Publication of best practice documents representative of every region; • Emphasizing and exploring intersectionalities.

Timing and approach:

2014 will mark the third anniversary of resolution 17/19 on Human rights, sexual orientation and gender identity.

While there is some flexibility on the specific session at which a follow-up resolution may be advanced, human rights violations on these grounds persist, and the Human Rights Council should act promptly to fulfil its responsibility to address these human rights violations as a matter of priority.

Recognising that persons of diverse sexual orientations and gender identities exist in all regions of the world, addressing violations and strengthening human rights protection on these grounds is a shared cross-regional responsibility.

* Based on civil society discussions including a meeting held in Istanbul, February 2014 involving NGOs and human rights defenders from Algeria, Australia, Bangladesh, Botswana, Brazil, Cameroon, Costa Rica, Denmark, France, Germany, India, Jamaica, Jordan, Kenya, Kyrgyzstan, Malawi, Malaysia, Mexico, Mongolia, Netherlands, New Zealand, Nigeria, Norway, Peru, South Africa, St Lucia, Thailand, Turkey, United Kingdom, Ukraine, United States of America and Uruguay.

B. Joint NGO statement at HRC26, Item 8

Thank you Mr. President,

I am honoured to make this statement on behalf of the international NGO ILGA and 13 co-sponsoring NGOs. It is endorsed by over 500 organizations from more than 100 countries: from Australia to Zimbabwe, from St Lucia to Samoa, from Uruguay to Uganda.

Three years ago, this Council adopted its first resolution on sexual orientation, gender identity and human rights. Around the world however, members of our communities still face violence and discrimination because of our sexual orientation, gender identity and expression, or intersex status. For many, these issues are inextricably linked to broader issues of gender equality, autonomy over our bodies’ and lives, sexual and reproductive health and rights, as well as multiple and intersecting forms of discrimination on the basis of our class, poverty, occupation as sex workers, religion, race, HIV status and (dis)ability.

In too many countries, we face severe human right violations – we are criminalized including under colonial-era laws, we face the death penalty, we are murdered, lesbians are subject to rape and forced marriage; Intersex people face genetic de-selection, infanticide, coerced sterilization and genital mutilation; Transgender persons are demeaned and beaten, subjected to pathologization, sterilization, their identities often unrecognized by States.

We are denied health care or needed treatment; we routinely face discrimination in work, housing and education. In many countries, our work as human rights defenders is opposed, obstructed or banned. Our rights to peacefully gather are often denied, while attempts are made to silence our voices.

There are also positive developments in all regions of the world. We welcome, for example, the recent adoption by the African Commission on Human and Peoples’ Rights of a historic resolution on the ‘Protection Against Violence and other Human Rights Violations Against Persons on the Basis of their Real or Imputed Sexual Orientation or Gender Identity” and the adoption by the Organization of American States just this month of its resolution on “Human Rights, Sexual Orientation, and Gender Identity and Expression”.

The Human Rights Council must also play its part. These violations are systemic, and require systemic responses. The Council must adopt a resolution to ensure regular reporting, constructive dialogue and sustained systematic attention to the breadth of human rights violations on these grounds.

As UN Secretary-General Ban Ki-moon stated to the Council at its March 2012 panel: “The Time has Come”.

Thank you.

This statement was signed by the following organisations:

Organisation Country/Region A Gender Agenda Australia AAS Burkina Burkina Faso ABEMO Mozambique Abu Nawas Algeria Algeria Acceptess-Trasngenres Paris Access-Chapter 2 South Africa ACHREDHO-CAMEROUN Cameroun Advocates for grass root Empowerment Nigeria Advocates for Informed Choice USA Afamiper Lima Metropolitana Peru Africagay contre le Sida French Speaking Africa (Algeria, Benin, Burkina Faso, Burundi, Cameroun, Cote d'Ivoire, Senegal, Togo, Tunisie). African Men for Sexual Health and Rights [AMSHeR] Africa Ahwaa.org MENA Aid for AIDS USA and Latin America AIDES France AIDS Action Foundation Saint Lucia/Eastern Caribbean AIDS Cell of Ibn Sina Academy India AIS Support Group Australia Australia Akham Algeria All Out United States All-Japan Sexual Minorities Support Network Japan Alliage Belgique Alma-TQ Initiative Group Kazakhstan Almas Cautivas A.C. Mexico Alternativa Nicaraguense de Diversidad Sexual - ANDISEX Nicaragua Amansan Aid Ghana Ghana Amka Empowerment Tanzania Amnesty International International

AntiAIDSAssociation (Kyrgyzstan) Kyrgyzstan , Central Asia APCASO Asia Pacific Aphrodite's P.R.I.D.E. Jamaica Jamaica ARAS - the Romanian Association Against AIDS Romania ARC International International Arc-en-Ciel Wallonie Belgique ARCAD-SIDA Mali Arcigay Palermo Italy Arken Association Tunisia Article 19 International Arus Pelangi Indonesia ASEAN SOGIE Caucus Philippines / Asia Associação Brasileira de Lésbicas, Gays, Bissexuais, Brazil Travestis e Transexuais (ABGLT) Asociacion Civil Accion reflexion lesbica ,feminista LAS Argentina SAFINAS Asociacion Civil Angel Azul Peru Asociacion Civil Cambio y Accion Peru Asociacion Civil Divas de Venezuela Venezuela Asociacion de Gays Feministas El Club de Toby Peru Asociacion Internacional de Lesbianas, Gays, Bisexuales, America Latina y Caribe Trans e Intersex para America Latina y el Caribe (ILGALAC) Asociacion Lideres En Accion Colombia Asociacion Silueta X Ecuador Asset Trust Madurai, Tamil Nadu, India Associacao ILGA Portugal Portugal Association Affirmative Action Cameroon Association Alouen Algeria/Algiers Association de lutte contre le sida (ALCS) Maroc / Region MENA Association for Transgender Rights Hong Kong Association Mobilisnoo (association des salarie-e-s LGBT World d'Orange) Association Nationale de Soutien aux Seropositis et Burundi malades du Sida Association of Women in Development India Associations Gays et Lesbiennes Tunisiens - Kelmty Tunisia Astraea Lesbian Foundation for Justice United States ASWAT, Group for sexual minorities Morocco Aswat-Palestinian Gay Women Palestine Atlasz Sports Club Hungary Atlasz Sports Club Hungary Atria, institute on gender equality and women's history Netherlands Australian Lesbian Health Coalition Australia Australian Lesbian Medical Association Australia AWID International Balance Mexico Barbados - Gays, lesbians and All-sexuals against Barbados Discrimination

BASELINE Magazine United Kingdom Belize Youth Empowerment for Change Belize/ Central America and Caribbean BeLonG To Youth Service Dublin/Ireland Bisexual Alliance Victoria Inc Australia Bishkek Feminist Collective SQ Kyrgyzstan Blue Diamond Society Nepal Bolivarianos Diversos Ecuador Boys of Bangladesh Bangladesh Brimbank Community Initiatives Inc Australia Brisbane LGBTIQ Action Group Australia CALEM South Africa CamASEAN Youth's Future Cambodia/Asia Cambiando Vidas Panama Cambodia LGBT Legal support Cambodia/Asia Canadian HIV/AIDS Legal Network Canada Caribbean Drug and Alcohol Research Institute LAC CariFLAGS CARIBBEAN Cattrachas Honduras Center for Integration and Courageous Living USA Center for Public Health and Human Rights United States Center for Secular Space Global Center for Studies and Applied Sciences in Gender - Family Vietnam - Women and Adolescents (CSAGA) Center for the Defense and Promotion of Human Rights Italy Centre for Popular Education and Human Rights, Ghana Ghana Centre Sida Amitie Canada/Quebec Centro de Apoyo a las Identidades Trans Mexico Centro de Investigacion y Promocion para America Central Costa Rica de Derechos Humanos Centro para el Desarrollo de la Justicia Internacional Mexico CFL- Coletivo de Feministas Lesbicas Brasil CHEFF Belgium Childlink Foundation Ghana CHOICE for Youth and Sexuality The Netherlands Chouf Tunisia Tunisie Civil Works Association Hungary CK Consultancy Ltd and SMALL PNG Papua New Guinea / Pacific CLADEM Latinamerica Closet de Sor Juana Mexico Coalition des organismes communautaires quebecois de Canada lutte contre le sida (COCQ-SIDA) COC Netherlands Netherlands Colectiva Lesbica Todas Somos Guatemala Colectivo Amigos contra el Sida CAS Guatemala Colectivo LotoBlanco Ecuador Colectivo Ovejas Negras Uruguay COLIBRI CAMEROUN

Collectif Arc En Ciel Mauritius Colombia Diversa Colombia Colors Rainbow Myanmar/Asia Commonwealth Human Rights Initiative Commonwealth Community Youth Forum Tanzania Comunidad Homosexual Argentina (CHA) Argentina Concepto de Vida Chile conerela+ RDC Conseil quebecois LGBT Quebec/Canada Consorcio Boliviano de Juventudes - Casa de la Juventud Bolivia/South America Cooperative Vereniging Buurtmaatschap Indische Buurt Nederland Corporacion Femm Colombia Council for Global Equality USA Counseling Center for Transgender People (T-Der) Turkey CPM Micaela Bastidas Peru Damj pour l'égalité et la justice Tunisia David & Jonathan France France Dette Resources Foundation Zambia. Central and Southern Africa Development Alternatives with Women for a New Era Philippines (DAWN) Dialogai Switzerland Dipayoni Empowering Women Indonesia Disciples Justice Action Network United States Diverlex Diversidad e Igualdad a travescde la Ley Venezuela. South America Diverse Voices and Action for Equality Fiji, Pacific DMCServices Namibia Drelinden gGmbH Germany Drodrolagi Movement Fiji Drustvo SKUC Slovenia Dundalk Outcomers Ireland Dutch Bisexual Network Nederland East Eagle Foundation Republique Democratique du Congo ECOM - Eurasian Coalition on Male Health Eastern Europe and Central Asia Ecumenical Working Group Homosexuals and Church Germany (HuK) Egale Canada Canada Empower India India EngenderHealth USA English-speaking Gay Group Belgium Environzine Africa Tanzania Equal Ground Sri Lanka/South Asia Equality For All Sierra Leone Sierra Leone, West Africa Equality Myanmar Myanmar Equidad de Genero, Ciudadania, Trabajo y Familia Mexico Espace Confiance Cote d'Ivoire Espacio de Mujeres Lesbianas Salvadorenas por la El Salvador, Centro America Diversidad / ESMULES 23

Espoir Vie TOGO Togo Espolea Mexico Estudio para la Defensa de los derechos de la Mujer Peru (DEMUS) European Forum of LGBT Christian Groups Europe FAMOS - Rainbow Families Austria Austria Federacion Estatal de Lesbianas Gays Transexuales y Espana Bisexuales Federation for Women and Family Planning & ASTRA Poland, Central and Estern European Region Network Federation genevoise des associations LGBT Switzerland FILAD Netherlands, Europe Flag ! (Policiers et Gendarmes LGBT) France FNV Vrouw Nederland Fokus Muda - Indonesian Young Key Population National Indonesia Forum FOKUS-Forum for Women and Development Norway Fondation Agnodice Switzerland FOR-SOGI Thailand Foundatin Makassarplein Community Nederland Foundation for leadership initiatives Thailand Freedom to Marry United States Freelancing Sri Lanka Friends of Rainka Zambia, Africa FTM Asia Singapore "FtM Phoenix" Group Russian Federation Fundacion Arcoiris Mexico Fundacion Diversencia Bolivia Fundacion Iguales Chile Fundacion Radio Diversia Colombia Fundacion Reflejos de Venezuela Venezuela Fundacion Triangulo por la igualdad social de lesbianas, Spain gais, bisexuales y trans GATE Global Action for Trans* Equality International Gay and Lesbian International Sports Association - Asia Asia Pacific Pacific Gay Japan News (Equality) Japan / Asia Gay Kenya Trust Kenya Gay Kenya Trust Kenya/East Africa Gay Straight Alliance Serbia GAYa NUSANTARA Indonesia Gays and Lesbians of Zimbabwe Zimbabwe Gays Without Borders Thailand, Asia Gender and Development Advocates (GANDA) Filipinas Philippines, Southeast Asia GLEN - Gay and Lesbian Equality Network Ireland Global Alliance for LGBT Education (GALE) Netherlands Global MenEngage Alliance United States Global Network of People Living with HIV (GNP+) South Africa

Global Youth Coalition on HIV/AID Philippines Groundation Grenada Grenada Groupe sida Geneve Switzerland Grupo Arco-Íris Brazil Grupo de Apoyo Transgenerista (GAT) Colombia, Latin America Grupo Safo Nicaragua Guang Tong (GZTZ.ORG) China haardvuuravond Netherlands Hatter Society Hungary Help & Shelter Guyana Hivos Worldwide HM2F France House Of Rainbow Nigeria Human Rights Campaign Foundation United States Human Rights Institute of South Africa South Africa Human Rights Law Centre Australia Human Rights Watch International Humanity First Cameroon Cameroun humanrights.ch Switzerland HUMURE Burundi Hun Consulting i Human Rights Based Legal and Strategic Turkey Consulting Hungarian LGBT Alliance Hungary Icebreakers Uganda ICS center Vietnam IDAHO-T International Committee Worldwide Iglesia Comunitaria Metropolitana Misericordia de El El Salvador Salvador Igualdad LGBT Bolivia ILGA Asia Thailand ILGA Oceania Australia ILGA-Asia Asia ILGA-Europe Belgium/Europe INADIS Peru Inclusive Development Action Viet Nam Indonesia for Humans Indonesia Iniciativa Inakost Slovakia Initiative group Alma-TQ Kazakhstan/Almaty Instituo de Estudios en Salud, Sexualidad y Desarrollo Peru Humano Institut Hak Asasi Perempuan Indonesia Institute Clinical Sexology-Rome Italy Institute for Social Development Studies Vietnam Institute for Studies of Society Economy and Environment Vietnam (iSEE) Instituto Runa de Desarrollo y Estudios sobre Género Peru InterLGBT France

International Alliance for the Prevention of AIDS India/ Chennai International Centre for Advocacy on Rights to Health Nigeria International Commission of Jurists Switzerland International Federation for Human Rights Leagues (FIDH) Global International Gay and Lesbian Human Rights Commission International (IGLHRC) International IDAHO Committee International International Lesbian and Gay Association Global International Planned Parenthood Federation Global International Service for Human Rights Switzerland/Global International Women's Health Coalition USA Ipas Brazil, LAC Iranti-Org South Africa ITANZ New Zealand Jinsiangu Kenya JOY 94.9 Australia justice for sisters Malaysia Kaleidoscope Australia Human Rights Foundation Australia/ Oceania Kaleidoscope Trust UK KAP CARAIBE Martinique, FWI Kato Foundation United States Kydesa Rainbow community Kenya Labris - lesbian human right organisation Republic of Serbia Labrisz Lesbian Organisation Hungary Labrys Kyrgyzstan Kyrgyzstan Laisse Bien Ta GaietÃ© France Lee's Rig Hub USA Lesbenorganisation Schweiz Schweiz Lesbian and Gay Federation in Germany LSVD Germany Letra S, Sida, Cultura y Vida Cotidiana, A.C. Mexico LGBT Denmark Denmark LGBT Human Rights NASH MIR Center Ukraine LGBT Jordan Jordan LGBT Voice Tanzania Tanzania LGTB San Jose de Mayo Uruguay Uruguay LINC- Advocating on behalf of Lesbian and Bisexual Ireland Women in Ireland LOUD Japan/Asia luna rosa association France Lyari Community Development project Pakistan Mafiga Women and Youth Development Organization Tanzania/Morogoro MAG Jeunes LGBT France Malta Gay Rights Movement Malta MANODIVERSA Bolivia MantiQitna Network MENA Region MaritaSpauwen supervisie en coaching Nederland Marriage Equality Ireland 26

Matrix Support Group Lesotho Mawaleh Syria Men against AIDS Youth Group Kenya Mexican Network of People Living with HIV Mexico MHOL-Movimiento Homosexual de Lima Peru Micro Rainbow International UK MiRiDom Dominica / Caribbean Morelos Sin Discriminacion Mexico Morogoro Saving the Poor Organisation Tanzania Mother of Hope Cameroon Mouvement pour les Libertes Individuelles Burundi Movimento Arco-Iris da Sociedade Horizontina Brasil Movimiento Bisexual de Bolivia Bolivia Movimiento Diversidad Sexual de Managua ( MDS Nicaragua MANAGUA) Mozaique Lebanon MSMGF USA MujerxMujer, A.C. Mexico MUSAS Peru Peru Muslims for Progressive Values International Musulmans progressistes de France France Myanmar LGBT Rights Network Myanmar/Asia Nafas LGBT Azerbaijan Alliance Azerbaijan/Baku National Council of Churches in India India National LGBT Federation Ireland Naz Male Health Alliance Pakistan Nederlands Netwerk Intersekse/DSD (NNID) Nederland NELFA - Network of European LGBT Families Associations Belgium Netwerk Roze FNV Netherlands NIGRA United Kingdom North American MenEngage Network USA/Canada NSW Gay and Lesbian Rights Lobby Australia NVCAG Netherlands Oceania Pride Fiji Islands OII InterSex Philippines Inc. Philippines ONG STOP SIDA Comoros Oogachaga Singapore Organisation Intersex International Australia Australia Organizacion de Transexuales por la Dignidad de la Chile Diversidad. OTD Ottawa International SOGI Rights Network Canada Out-Right Namibia Namibia Outrage Magazine Philippines Pacific Sexual Diversity Network Tonga/Oceania Padefeco Democratic Republic of Congo Pan Africa ILGA Africa Pan African Positive Women's Coalition Zimbabwe Zimbabwe 27

Partners for Law in Development India/ Asia Partnership Law Japan Japan/Asia PEMA Kenya Kenya People Like Us Singapore People's Social and Cultural Society (PSCS) INDIA Peter Tatchell Foundation United Kingdom Pflag San Diego USA PILS Mauritius PINK Armenia Armenia Pink Cross Gay Organisation Switzerland PINK Embassy / LGBT Pro Albania Albania PinkAnatomyBW Botswana Polo de Rosa Colombia Positive Malaysian Treatment Access & Advocacy Group Malaysia (MTAAG+) Post-Soviet Transgender coalition Russia and Europe/Central Asia Progetto Ruah Italy ProInclusion Venezuela Promoting Rights and Equality for Society's MArginalized Philippines Sectors (PRISM) PROMSEX Peru Promundo-US USA PRUDENCE Senegal psychotherapy-praktijk Nederland Punanga Tauturu Inc Cook Islands, Pacific QSA Network Aotearoa New Zealand Quality of Citizenship Jamaica Jamaica Quazar, centre LGBT d'Angers France Queer Youth Uganda Uganda Quzah Libya Rainbow Action Hong Kong Rainbow Cambodia Advocate Team Cambodia/Asia Rainbow Candle Light Burundi Rainbow Identity Association Botswana Rainbow Mission Foundation Hungary/Central Europe Rainbow Pride Foundation Fiji/Oceania Rainbow Rights Philippines Philippines Rainbow Wellington New Zealand RAP+Afrique Centrale Cameroon Red de Masculinidad por la igualdad de Genero Nicaragua Red LGBTTTI de Venezuela Venezuela Red Umbrella Sexual Health and Human Rights Association Turkiye RedLa+ Latinamerica REDTRANS-Nicaragua Nicaragua Reproductive Health Matters United Kingdom Republika Libre Dominican Republic Research Institute Without Walls USA 28

Réseau Khomsa Maghreb Countries (Morocco Mauritania, Algeria, Tunisia and Libya) Reseau Solidarite Caribeenne (Caribbean Solidarity Martinique Network) Rete Genitori Rainbow Italy REVS Burkina Faso RFSL Sweden Romeo Youth Development Foundation. Uganda Ruban Rouge CI Cote d'Ivoire SAFE (St. Maarten/St. Martin Alliance for Equality) St. Maarten, Dutch West Indies SAIH - Norwegian Students' and Academics' International Norway Assistance Fund Samoa Faafafine Association Samoa Sayoni Singapore Scada Youth Empowerment Tanzania SDS India SERAC-Bangladesh Bangladesh/South Asia Sexuality Policy Watch Brazil/international Si Jeunesse Savait Democratic Republic of Congo Social Democratic LGBTI Organization (SPO/SoHo) EU-Austria Social Policies, Gender Identity, and Sexual Orientation Turkey Studies Association (SPoD) Society Against Sexual Orientation Discrimination (SASOD) Guyana Solidarity Alliance for Human Rights Nigeria SOM COM SOM Barcelona /Spain Sonke Gender Justice South Africa Sparkles Women's Rugby Club Fiji Spectrum Uganda Initiatives Inc. Uganda St. Maarten AIDS Foundation St. Maarten, Dutch West Indies STK Turkey Stonewall Great Britain Stop AIDS in Liberia (SAIL) Liberia Stowarzyszenie na rzecz Osob LGBT Tolerado Poland Suriname Men United Suriname Swiss Rainbow Families Association Switzerland Tarshi INDIA The Aguda - The Israeli National LGBT Task Force Israel The arab foundation for freedoms and equality MENA The Gay and Lesbian Coalition of Kenya Kenya the GRACE Kyrgyzstan The Grassrooted Trust (Guarantee) Limited Sri Lanka The Hampton Institute USA The Initiative for Equal Rights Nigeria The Inner Circle South Africa The Interface Project United States The Kaleidoscope Trust United Kingdom The LGBT Centre of Mongolia Mongolia

The Norwegian Lesbian, Gay, Bisexual and Transgender Norway organisation (LLH) The Planned Parenthood Association of Thailand Thailand The Rural Care Initiative Nigeria The Silver Lining Foundation Trinidad and Tobago TOHOKU HIV comunications Japan Tonga Leitis Association Tonga Traits D'Union Centre LGBT de l'Yonne (89) France Transgender Equality Network Ireland (TENI) Ireland Transgender Europe (TGEU) Europe Transgender Network Switzerland Switzerland Transgender Resource Center Hong Kong Transgender Victoria Australia Transvanilla Transgender Association Hungary TRAVESCHILE Santiago Triangle Project South Africa tupilak Sweden UN Watch Switzerland/Europe Union Afirmativa Venezuela Union of Non-Governmental Organisations Tanzania Unitarian Universalist UN Office USA Unitarian Universalist United Nations Office USA United and Strong Inc Saint Lucia United Belize Advocacy Movement Belize United Nations Association of the United States of USA America URUMURI Burundi Victorian Gay and Lesbian Rights Lobby Australia Victory Post Test Group Kenya ViVA at Positive Living Society Canada Vreerwerk Netherlands/Europe White Ribbon Canada Canada Why Me Belgium WILPF Global WISH2.be Belgium WO=MEN Dutch Gender Platform The Netherlands Womantra Trinidad and Tobago Women Coalition of HKSAR Hong Kong, China Women Development Foundation Pakistan Pakistan Women for Women's Human Rights - New Ways Turkey Women's Global Network for Reproductive Rights Global (WGNRR) Women's Health and Equal Rights Initiative Nigeria Women's Initiatives Supporting Group (WISG) Georgia Women'S Way Foundation Suriname Young Queer Alliance Mauritius Youth Coalition for Sexual and Reproductive Rights Global

Youth Coalition Plus on MDGs Achievement Democratic Republic of Congo Youth Interfaith Forum on Sexuality Indonesia YWCA of Great Britain United Kingdom NGO (anonymous by request) Democratic Republic of the Congo (DRC) NGO (anonymous by request) Nicaragua NGO (anonymous by request) Tanzania NGO (anonymous by request) Algeria NGO (anonymous by request) Mauritius NGO (anonymous by request) Tunisie NGO (anonymous by request) Egypt and Sudan NGO (anonymous by request) China NGO (anonymous by request) India (Jammu and Kashmir) NGO (anonymous by request) Cameroun NGO (anonymous by request) Caribbean NGO (anonymous by request) China, Hong Kong and Taiwan NGO (anonymous by request) Mexico NGO (anonymous by request) El Salvador NGO (anonymous by request) Suriname NGO (anonymous by request) Nicaragua NGO (anonymous by request) Egypt NGO (anonymous by request) El Salvador NGO (anonymous by request) Nicaragua NGO (anonymous by request) Tanzania NGO (anonymous by request) Bangladesh NGO (anonymous by request) Turkey NGO (anonymous by request) India NGO (anonymous by request) Antigua and Barbuda NGO (anonymous by request) India NGO (anonymous by request) Cote d'Ivoire NGO (anonymous by request) Zimbabwe Africa NGO (anonymous by request) Hong Kong NGO (anonymous by request) DRC/ Sud-Kivu NGO (anonymous by request) Trinidad NGO (anonymous by request) Sudan NGO (anonymous by request) United Kingdom NGO (anonymous by request) Tanzania East Africa NGO (anonymous by request) Venezuela NGO (anonymous by request) Austria NGO (anonymous by request) Pakistan NGO (anonymous by request) Mongolia/Asia-Pacific NGO (anonymous by request) Uganda NGO (anonymous by request) India