Sexual Orientation and Gender Identity

Discrimination and violence against people of diverse sexual orientation and gender identity is a serious problem in many countries across the Asia Pacific.

People of diverse sexual orientation and gender identity, whether actual or perceived, have faced execution or extra-judicial killing, torture, rape, arbitrary detention, unfair trials and, in the case of women, forced pregnancy and forced marriage.

These human rights violations occur at the hands of State officials and authorities and at the hands of non-State actors, often with the actual or implied complicity of State actors and often with impunity.

In 2006, in response to well-documented patterns of abuse, a distinguished group of international human rights experts outlined a set of international standards relating to sexual orientation and gender identity.

The result was the Yogyakarta Principles: a universal guide to human rights which affirm binding international legal standards with which all States must comply.

In May 2009, the APF brought together member institutions to discuss the role of NHRIs in promoting implementation of the Yogyakarta Principles.

They also discussed the practical ways that NHRIs could use their functions and powers – including investigating complaints, reviewing laws and policies, holding national inquiries and public education – to better protect and promote the rights of gay, lesbian, bisexual and transgender people.

APF members concluded the meeting by strongly deploring “all forms of stereotyping, exclusion, stigmatisation, prejudice, intolerance, discrimination and violence” against gay, lesbian, bisexual and transgender people.

While recognising that “in all countries religious, cultural and moral values and sensitivities may arise in relation to sexual orientation and gender identity”, they affirmed that the expression of religious and other beliefs should not violate the rights and freedoms of others.

Continuing its focus on this issue, the APF and its Secretariat will:

• ask the Advisory Council of Jurists to review national laws in the countries of APF members, determine if they are consistent with international human rights standards relating to sexual orientation and gender identity and advise what amendments may be required (to be presented at the APF Annual Meeting in 2010)
• facilitate the exchange of information among member institutions on their human rights work in relation to sexual orientation and gender diversity
• assist member institutions to build their knowledge and awareness of human rights in relation to sexual orientation and gender identity, through training programs and staff exchanges, and
• include the Yogyakarta workshop as an agenda item at the APF Annual Meeting in 2010 and invite each APF member institution to provide a report on its activities in relation to human rights and sexual orientation and gender identity at that meeting.

International recognition

In May 2009, the UN Committee on Economic, Social and Cultural Rights adopted a General Comment on Non-Discrimination, which provided a clear affirmation that discrimination on the grounds of sexual orientation was prohibited under the International Covenant.

The General Comment also affirmed that gender identity was one of the prohibited grounds of discrimination – the first time that gender identity has been explicitly recognised by a treaty body in a General Comment as a prohibited ground of discrimination in international law.

The 2008 Annual Report of the Office of the High Commissioner for Human Rights (released May 2009) also prominently featured sexual orientation and gender identity issues.

Newsletter

The New Zealand Human Rights Commission produces a newsletter - To Be Who I Am - for the the country's network of transgender people and others interested in progressing the  actions and recommendations from the Commission's Transgender Inquiry.

ACJ to examine laws on sexual orientation, gender identity

A major new study will examine domestic laws and policies relating to sexual orientation and gender