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Human Rights Based Approach at Sida Compilation of Briefs on Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Persons

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Human Rights Based Approach at Sida Compilation of Briefs on Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Persons Human Rights Based Approach at Sida Compilation of Briefs on Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Persons Briefs on Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Persons Sub-Saharan Africa South East Asia 1. Sub-Saharan Africa 18. South East Asia 2. Burkina Faso 19. Afghanistan 3. Democratic Republic of Congo 20. Bangladesh 4. Ethiopia 21. Cambodia 5. Kenya 22. Myanmar 6. Liberia 7. Mali Western Balkans 8. Mozambique 23. Western Balkans 9. Rwanda 10. Somalia Eastern Europe 11. Sudan and South Sudan 24. Eastern Europe 12. Tanzania 25. Russia 13. Uganda 14. Zambia Latin America 15. Zimbabwe 26. Colombia 27. Guatemala Middle East and North Africa 16. Middle East and North Africa 17. Palestine Art.no.: sida61920en, urn:nbn:se:Sida-61920en Introduction Human Rights Based Approach at Sida Human Rights Based Approach and The Human Rights Based Approach (HRBA) is estab- Lesbian, Gay, Bisexual, Transgender lished in Swedish policy, where it is called the rights and Intersex Persons perspective. It is based on the UN Universal Declara- Promoting and increasing respect for the human tion of Human Rights and adopted conventions, and is rights of LGBTI persons is a Swedish priority. Sweden a central starting point for development cooperation. works on many levels to advance the human rights of The integration and application of a HRBA in devel- LGBTI persons. The support includes capacity devel- opment cooperation is relevant in the analysis and opment of LGBTI organisations, legal aid and protec- management of operations and in the dialogue and tion measures as well as social and health initiatives. cooperation with partners and other stakeholders. This compilation includes 27 briefs with informa- For Sida, applying a HRBA implies both what to be tion and guidance on the application of the HRBA achieved and how it can be done. A HRBA is primarily in relation to LGBTI persons. There are briefs for applied through the four principles of non-discrimi- almost every country and/or region where Sweden nation, participation, transparency and accountability. is engaged in development cooperation. The briefs The main purpose of a HRBA is to empower boys, provide basic information about the situation of girls, men and women to claim their human rights LGBTI persons and inspire discussions on what (as rights holders) and to increase the capacity of Sweden could do to better include LGBTI rights in those who are obliged to respect, promote, protect programmes and dialogue. and fulfi l those rights (as duty bearers). In addition, there are two more compilations of briefs Sida has developed methodological material on how available: one on information and guidance on the to integrate a HRBA into development cooperation. application of a HRBA in different thematic areas and The methodological material is intended to provide one on information and guidance on the application Sida staff with information, tools and inspiration to of the HRBA in relation to persons with disabilities. apply a HRBA. It includes a number of HRBA related information briefs on a range of issues. However, Sida partners and stakeholders have also found the More information about the methodological material useful. material is available on: The methodological material includes guidance on practical application of a HRBA in various thematic areas, and addressing and including the human rights of children, Lesbian, Gay, Bisexual, Trans- gender and Intersex (LGBTI) persons and persons with disabilities. The LGBTI and disability briefs are available for almost all countries and regions where Sida works. The Rights of LGBTI people in Sub-Saharan Africa November 2014 General situation of LGBTI people Legal and human right instruments Despite what many claim, homosexuality is not new Constitutional provisions and legal to the African continent. There is documentation of framework same sex sexual practice and gender transgression in all places and at all times throughout history. As of 2014, 36 countries in Africa criminalise certain same-sex sexual acts. In most cases through so The situation of LGBTI (lesbian, gay, bisexual, called ‘sodomy laws’, often introduced during the transgender and intersex) persons in African British colonial rule and kept after independence, countries is generally very difficult. Over 35 countries criminalising anal sex or “sex against natural order”. in Africa criminalise certain same-sex sexual acts The extent to which the legislation is implemented and few have any anti-discrimination or other varies between countries. Men have mostly been supportive legislation. The psychosocial impact of targeted in this colonial-inherited legislation, but in living under criminal laws is huge and the more recent legislation women are also targeted. consequent and continual threat of arrest or violence Trans-gender persons are rarely mentioned in laws, constitutes in itself a violation of the right to peace, as focus is often on the same-sex acts, but are still safety and security of the person. The impact often a target for arbitrary arrests and accusation of includes depression, anxiety, substance (drug and homosexuality. Few countries support trans-gender alcohol) use and addiction with social and persons with medical support to undergo sex psychological consequences for those affected. correction and there are few countries that have any Living openly, or even just being perceived as an anti-discrimination legislation in support of trans- LGBTI person, often brings a risk of getting rejected gender persons. On the contrary, authorities often when applying for employment, housing and assume that trans-gender persons are homosexuals, education as well as being denied access to food and they face the same persecution, often targeted and health care, including SRHR services and because of their visibility and non-conforming gender information. This exclusion and marginalisation expression. contributes to poverty and leads to further vulnerability and constitutes a violation of the socio- In countries where the penal codes are not economic and political rights of those who suffer implemented, ‘sodomy laws’ can still be used by these oppressions. Loss of social networks, in terms authorities to legitimise harassments and arbitrary of supporting families or the support from state arrests and to deny LGBTI persons rights like institutions, also contributes to poverty. freedom of expression or the right to organise, as well as everyday matters like custody of children, In recent years, LGBTI movements and persons on marriage or family insurance. In countries that do not the African continent have become more visible and have laws that explicitly criminalise homosexuality, vocal in claiming acceptance and rights. At the same authorities routinely use other laws to penalise or time, many African countries have experienced a arrest LGBTI persons, e.g. disorderly conduct, public backlash, in terms of human rights of LGBTI persons, indecency, contempt of religion and prostitution. In fuelled by religious fundamentalism. One of the most countries where the penal codes are implemented, extreme examples is Uganda, where evangelical punishments range from imprisonment of varying pastors from the US have paired up with homophobic lengths to the death penalty. politicians to spread anti-LGBTI propaganda. The same development is visible in other African countries, not at least in middle and central African countries. Legal Illegal (male and/or female Death penalty Anti-homosexuality same-sex) propaganda laws Benin, Burkina Faso, Cape Algeria, Angola, Botswana, Mauritania, Gambia (2014), Nigeria Verde (2004), Congo, Chad, Burundi, Cameroon, Central Sudan, as well (2013), Tanzania Côte d’Ivoire, Democratic African Republic, Comoros, as 12 northern (2014) Uganda (2013, Republic of Congo, Djibouti, Egypt (female unclear), Eritrea, states in Nigeria abolished 2014 but Equatorial Guinea, Gabon, Ethiopia, Gambia, Ghana (male), and the appealed and re-written Guinea- Bissau (1993), Guinea, Kenya, Lesotho, Liberia, southern parts to be presented in Madagascar, Mali, Libya, Malawi, Mauritania, of Somalia. parliament). Mozambique (2014), Niger, Mauritius (male), Morocco, Rwanda, São Tome & Namibia (male), Nigeria, Senegal, Principe, South Africa Seychelles (male), Sierra Leone (1998). (male), Somalia, South Sudan, Sudan, Swaziland (male), Tanzania, Togo, Tunisia, Uganda, Zambia, Zimbabwe. Reference: ILGA, 2014, State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults The accountability of governments in Africa for the “common law”, while not implementing the legislation Human Rights of LGBTI persons is generally very and allowing LGBTI movements to work freely. The poor. Very few governments in Africa have shown (un-official) marriage of two men passed without themselves willing to make commitments to protect interference from government and had some positive the rights of LGBTI persons. reviews in media. Some countries are responding to the visibility of the Regional and international human rights LGBTI movement by sharpening their words against instruments LGBTI rights. Uganda, Liberia, Zimbabwe and Mali During the past years, there have been several are debating the limitation of the rights of LGBTI referendums in the UN on resolutions with reference persons. Nigeria, Tanzania, Uganda and Liberia to sexual orientation and the rights of LGBTI have passed laws against homosexuality, although persons. The number of
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