Major study outlines steps on sexual orientation, gender identity
The APF's Advisory Council of Jurists has recommended a staged approach for NHRIs to better promote and protect the rights of gay, lesbian, bisexual and transgender people.
Jurists at the APF's 15th Annual Meeting in Bali, Indonesia
National human rights institutions have been urged to use their research, education, monitoring and advocacy functions to better promote and protect the rights of gay, lesbian, bisexual and transgender people in the region.
The Advisory Council of Jurists (ACJ), which is currently undertaking a major study on human rights, sexual orientation and gender identity, presented its preliminary findings to the APF’s 15th Annual Meeting in Bali from 3-5 August.
The jurists noted that while international human rights law protects and promotes the rights of all persons, gay, lesbian, bisexual and transgender people continue to experience extra-judicial killings, torture, violence and rape, as well as discrimination in employment, education, housing and health services.
The ACJ presented a number of recommendations to support APF members take concrete steps to address these issues, outlining a staged approach that recognises the competing priorities that NHRIs need to balance, the different contexts in which they operate and their varying levels of resources.
The jurists suggested an initial focus on building the internal capacity of each NHRI and undertaking research into the human violations experienced by gay, lesbian, bisexual and transgender people in their respective countries.
NHRIs could also develop targeted education and promotion initiatives, such as disseminating the Yogyakarta Principles in local languages and engaging with law enforcement officers, members of the judiciary, social service providers and others about the rights issues confronting this group.
The ACJ recommended that NHRIs use their monitoring function to, among other things, document and respond to issues of discrimination brought forward by gay, lesbian, bisexual and transgender people and to assist them to find an appropriate remedy.
In addition, they should respond in an urgent manner to instances of torture or cruel, inhuman and degrading treatment of persons of diverse sexual orientation and gender identity.
NHRIs should also advocate for the rights of persons of diverse sexual orientation or gender identity, including advocating for the removal of laws that violate their human rights and ensuring that all laws are applied in a non-discriminatory manner.
In developing and undertaking these initiatives, the ACJ recommended that NHRIs adopt a human rights based approach, which includes consulting with gay, lesbian, bisexual and transgender people and using participatory processes to build trust and empower these groups.
The APF should also support the work of NHRIs in the region by facilitating the exchange of information, skills and ‘best practice’ approaches between its member institutions.
Final report
The ACJ is currently reviewing its preliminary findings and recommendations and a final report is expected by the end of September.
The terms of reference for the ACJ, developed by the APF Forum Council in 2009, requested the group to undertake a study on the domestic laws and policies relating to sexual orientation and gender identity in each of the 17 countries of the APF’s member institutions.
In particular, the ACJ was asked to assess the consistency of these laws and policies with international human rights standards.
The jurists were also asked to consider whether existing anti-discrimination law extended to the protection of persons on the basis of sexual orientation and gender identity, and whether relevant laws enabled the official recognition of changes of gender identity from that assigned to a person at birth.
In undertaking the reference, the ACJ considered developments at the international level that have progressively recognised discrimination on the basis of sexual orientation and gender identity as violating the rights to equality, freedom from discrimination and privacy.
Jurists acknowledged that the Yogyakarta Principles are reflective of the existing state of international human rights law in relation to issues of sexual orientation and gender identity.
They were assisted in their deliberations by experts from the United Nations Development Program, the Alternative Law Forum, ARC International and the International Gay and Lesbian Human Rights Commission.
This ACJ reference builds on previous work by the APF in relation to sexual orientation and gender identity, including a major regional workshop held in 2009 and initiatives to support member institutions undertake projects in this area.
The ACJ has previously considered eight references on key human rights issues in the Asia Pacific region: corporate accountability (2008); environment (2007), education (2006); torture (2005); anti-terrorism legislation and the rule of law (2004); trafficking of women and children (2002); the death penalty (2000); and child pornography on the internet (2000).
