A major new study by the APF will examine domestic laws and policies relating to sexual orientation and gender identity in each of the 17 countries of its member institutions.

The reference, to be undertaken by the APF’s Advisory Council of Jurists (ACJ), will assess whether they are consistent with international human rights standards, as well as provide recommendations to assist national human rights institutions address identified shortcomings.

The ACJ has been specifically asked to comment on:

• whether, and in what respects, that State's criminal law is consistent with international human rights law in its application to, and effect on, persons on the basis of sexual orientation and gender identity
• whether, and in what respects, that State's anti-discrimination law applies to protect the human rights of persons on the basis of sexual orientation and gender identity and the adequacy of that protection
• whether, and in what respects, that State's laws enable the official recognition of changes of gender identity from that assigned to a person at birth and the consistency of those laws with international human rights law
• whether, in the course of undertaking the reference, the ACJ has identified other laws, policies, acts or practices that impact adversely persons on the basis of sexual orientation and gender identity, and, if so, the extent to which those laws, policies, acts or practices are inconsistent with international human rights law and the nature of the inconsistency
• whether the law, policy and practice in a State is adequate to ensure the protection of the rights of persons and organisations that defend the human rights of persons of diverse sexual orientation and gender identity.

In considering the reference, the ACJ will draw on international human rights law; declarations, resolutions, observations and reports of United Nations and regional human rights bodies; and the Yogyakarta Principles.

A background paper is currently being prepared, which will include a summary of all the relevant domestic laws and policies.

The final report of the ACJ is expected to be distributed to APF members at the APF Annual Meeting, which will be held in the second half of 2010.

The initiative comes in response to a key request made by participants at a recent APF workshop, which brought NHRIs in the Asia Pacific together for the first time to discuss the discrimination, violence and human rights abuses that gay, lesbian, bisexual and transgender people commonly face.

“Even though NHRIs are at different stages in addressing these issues, there was unanimous agreement about the importance of using their common functions – such as investigating complaints, reviewing laws and policies and public education – to bring about long-term change,” said Pip Dargan, Deputy Director of the APF Secretariat.

“The analysis and recommendations of the ACJ will be an invaluable resource for NHRIs as it will identify a range of practical steps they can take to better protect and promote the rights of people of diverse sexual orientation and gender identity,” she said.

The ACJ has considered eight references: corporate accountability (2008); environment (2007); education (2006); torture (2005); anti-terrorism legislation and the rule of law (2004); trafficking of women and children (2002); death penalty (2000); and the regulation of child pornography on the internet (2000).