Joint statement on UN renews crucial mandate for protection against violence and discrimination based on SOGI

UN renews crucial mandate for protection against violence and discrimination based on sexual orientation and gender identity

“This is another historic victory, not only for communities of diverse sexual orientations and gender identities, but for humanity as a whole.”

Geneva
12th July 2019

In a defining vote, the United Nations Human Rights Council adopted a resolution to renew the mandate of the Independent Expert focusing on the protection against violence and discrimination on the basis of sexual orientation and gender identity.

The resolution was adopted by a vote of 27 in favour, with 12 voting against and 7 abstentions.

The campaign calling on the Council to renew the mandate of the UN Independent Expert on SOGI was supported by 1,312 non-governmental organizations from 174 States and territories.

“This is another historic victory, not only for communities of diverse sexual orientations and gender identities, but for humanity as a whole”, said Paula Sebastiao of Arquivo de Identidade Angolano in Angola and Simran Shaikh, Asia coordinator of the Trans Respect v. Transphobia project, on behalf of 63 human rights groups worldwide. “Following the call from a record number of organizations from every region imaginable, the UN Human Rights Council has reaffirmed its commitment to combat discrimination and violence on grounds of SOGI and has reminded all states of their obligations towards these communities.”

Created in 2016, the UN Independent Expert on SOGI has been supported by an ever-growing number of States from all regions of the world. The resolution to create and renew the mandate was presented by a Core Group of seven Latin American countries – Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico, and Uruguay.

“The renewal of this mandate demonstrates how United Nations States’ support for tackling violence and discrimination against people of diverse sexual orientations and gender identities has grown tremendously,” said UN Trans Advocacy Week campaigners. “The Independent Expert is crucial in bringing international attention to specific violations and challenges faced by trans and gender-diverse persons in all regions.”

Although the renewal process had to overcome 10 hostile amendments, the core of the resolution in affirming the universal nature of international human rights law stands firm. 

“The existence of a specific UN human rights mechanism looking at SOGI issues is crucial for our communities to be heard at the global level,” added Ryan Silverio of ASEAN SOGIE Caucus from the Philippines. “If the world is truly committed to leaving no one behind, it can’t shy away from addressing the violence and discrimination that we face. Laws criminalising our identities and actions are unjust and should no longer be tolerated”. 

The UN Independent Expert on SOGI is tasked with assessing implementation of existing international human rights law, by talking to States, and working collaboratively with other UN and regional mechanisms to address violence and discrimination. Through the work of this mandate since 2016, the impact of criminalisation of same-sex relations and lack of legal gender recognition, the importance of data-collection specific to SOGI communities, and examples of good practices to prevent discrimination have been highlighted globally, with visits to Argentina, Georgia, Mozambique and Ukraine. 

”Extending this mandate would be crucial for the members of LGBTI communities in many West Asian countries where the states have refused to ratify many human right treaties and left them empty handed and vulnerable facing laws which criminalise sexual orientation and gender identity and expression” said Shadi Amin from Iranian NGO 6Rang.

We hope that all governments cooperate fully with the UN Independent Expert on SOGI in this important work to bring about a world free from violence and discrimination for all people regardless of sexual orientation and gender identity. 

“Our communities have witnessed both fundamental victories and alarming setbacks in recent years” said Manisha Dhakal of Blue Diamond Society from Nepal, and ILGA Asia co-Chair. “Amidst this challenging political and social climate, the presence of an expert who can foster dialogue and assist States towards more inclusive policies is of fundamental importance.”

** ENDS **

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Note to editors: 

1. The Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity is appointed by the UN Human Rights Council. The mandate was established in 2016 and has been held by Vitit Muntarbhorn (2016-2017) from Thailand, and Victor Madrigal-Borloz (2018-ongoing).

2. The press release refers to “people of diverse sexual orientations and gender identities” or to “LGBT” - instead of “LGBTI” – as the mandate is specifically tasked with addressing human rights violations on sexual orientation and gender identity.

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Signed:

1. 42 Degrees

2. ABGLT - ASSOCIAÇÃO BRASILEIRA DE LESBICAS, GAYS, BISSEXUAIS, TRAVESTIS, TRANSEXUAIS E INTERSEXOS

3. Accountability International

4. Amnesty International

5. ARC International

6. ASEAN SOGIE Caucus

7. Asia Pacific Transgender Network (APTN) 

8. Asistencia Legal por los Derechos Humanos A.C. (ASILEGAL)

9. Asociación OTD Chile

10. Caribe Afirmativo

11. çavaria

12. Centro de Promoción y Defensa de los Derechos Sexuales y Reproductivos - Promsex

13. CHOICE for Youth and Sexuality

14. COC Nederland

15. Colectivo Alejandria

16. Comunidad Homosexual Argentina (CHA)

17. Conurbanes por la Diversidad- Argentina

18. Egale Canada

19. Equality Australia

20. ERA - LGBTI Equal Rights Association for Western Balkans and Turkey

21. Fundación Afrodescendiente por las Diversiades Sociales y Sexuales - SOMOS IDENTIDAD

22. Fundacion Arcoiris por el respeto a la diversidad sexual

23. Fundación Reflejos de Venezuela

24. GATE 

25. Gender DynamiX

26. GIN-SSOGIE

27. Haus of Khameleon 

28. Helsinki Committee for Human Rights of the Republic of Macedonia 

29. Human Rights Awareness and Promotion Forum

30. Human Rights Law Centre

31. IGLYO

32. ILGA Asia

33. ILGA World

34. ILGALAC - Asociación Internacional de Lesbianas, Gays, Bisexuales, Trans e Intersex para América Latina y El Caribe

35. International Family Equality Day

36. International Bar Association's Human Rights Institute (IBAHRI)

37. International Service for Human Rights

38. Iranti

39. Korean Lawyers for Public Interest and Human Rights (KLPH)

40. Las Reinas Chulas Cabaret y Derechos Humanos AC 

41. LGBTI Support Center 

42. LSVD Lesbian and Gay Federation in Germany

43. Namibia Diverse Women's Association (NDWA)

44. ODRI Intersectional rights

45. OutRight Action International

46. Pacific Human Rights Initiative

47. People's Matrix

48. People's Solidarity for Participatory Democracy

49. Planet Ally

50. Red Latinoamericana GayLatino

51. REDTRANS Nicaragua

52. RFSL, the Swedish Federation for LGBTQ Rights

53. RFSU

54. RWS - India's Diverse Chamber 

55. Stichting NNID

56. Synergía - Initiatives for Human Rights

57. The International Institute on Race, Equality and Human Rights 

58. the Transgender Liberation Front(abbr. TLF)

59. Trans Pasefika

60. TransAction (Aotearoa / New Zealand)

61. Transgender Europe (TGEU)

62. Valientes de Corazón Ecuador 

63. Young Queer Alliance

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ILGA Asia Media Contacts:

Dowha Kim, Communications and Membership Officer (dowha@ilgaasia.org)