Practical action on sexual orientation, gender identity

Five APF member institutions – Australia, Indonesia, Mongolia, New Zealand and the Philippines – have received donor funding for projects that will raise awareness and bolster protection for the rights of lesbian, gay, bisexual and transgender (LGBT) people.

The projects were developed following the first-ever regional workshop of national human rights institutions (NHRI) which highlighted the discrimination, violence and other human rights abuses that LGBT people regularly face in the Asia Pacific.

Held in May 2009 and organised by the APF, participants discussed the practical steps that their national human rights institutions could take to help implement the Yogyakarta Principles, a set of legally binding international human rights standards relating to sexual orientation and gender identity.

There was unanimous agreement about the importance of using their common functions – such as investigating complaints, reviewing laws and policies and undertaking public education – to bring about long-term change.

NHRI initiatives

At the conclusion of the workshop, the APF was requested to assist member institutions build their knowledge and capacity to address human rights violations that LGBT communities encounter.

Earlier this year, the APF coordinated a joint funding application to secure financial support to assist five member institutions implement a range of targeted activities, which will all take place prior to April 2011.

• The Australian Human Rights Commission will hold consultations and prepare a report to the federal Government on developing specific legal protection against discrimination on the basis of sexual orientation or gender identity, as well as ensuring that the Government’s Human Rights Framework leads to greater equality for people of all sexual orientations and gender identities
• The Indonesian National Commission on Human Rights will coordinate a National Training Program that will provide participants with skills in reporting, analysis, investigation and prosecution of human rights violations against LGBT people and assist them to contribute more meaningfully to the ongoing debates on LGBT rights in Indonesia.
• The National Human Rights Commission of Mongolia will analyse the national legal framework for discriminatory elements, as well as raise awareness among the estimated 80,000 LGBT people in the country of their rights, the Yogyakarta Principles and existing mechanisms to address human rights violations.
• The New Zealand Human Rights Commission will support a major Human Rights Conference – to be held in March 2011 as part of the 2nd Asia Pacific OutGames – on the issue and draw attention to the role that NHRIs can play in promoting the Yogyakarta Principles; it will also coordinate the participation of two experts on sexual orientation and gender identity in the conference, one from the Pacific and one from Asia.
• The Philippines Commission on Human Rights will establish partnerships with LGBT groups, examine and assess existing national laws and policies, advocate on the rights of LGBT people and develop a human rights education module for local government or community groups which, following a formal evaluation, can be delivered in a broader range of settings.

APF study

Another key recommendation from the workshop was that the APF conduct an in-depth study of the 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, will assess the consistency of these laws and policies with international human rights standards, as well as provide recommendations to assist national human rights institutions address identified shortcomings.

The ACJ will meet next month at the APF’s 15th Annual Meeting (3-5 August in Bali, Indonesia) to prepare their report.

APF recognition

The commitment of APF member institutions to counter human rights violations based on sexual orientation and gender identity was acknowledged in a statement to the 14th Session of the Human Rights Council in June 2010.

The statement – co-sponsored by Colombia, the Czech Republic, Ireland, the Netherlands and the United States – referred to the positive steps being taken by the APF on these “sensitive” issues, alongside the actions of inter-governmental regional mechanisms in Africa and the Americas.

“We are heartened by the progress we have seen at the international, regional and national levels,” the statement said.

“In all regions, there is increasing awareness of the importance of respecting the human rights of all persons, including those who are lesbian, gay, bisexual or transgender,” it noted.

“A resolution to this effect was unanimously adopted by the NGO Forum to the African Commission on Human and Peoples’ Rights. The Asia Pacific Forum of National Human Rights Institutions has similarly committed to integrating these principles within their work.”

Date: 20 July 2010