Featured

Seeing signs of progress for LGBTI rights in Côte d’Ivoire

Philippe from Alternative Côte d’Ivoire standing in front of the flags at the Palais des Nations in Geneva.

Today is the International Day Against Homophobia, Transphobia, and Biphobia, or IDAHOT. Today at The Advocates we take stock of our progress over the past year to advance LGBTI rights and what lies ahead.

One highlight of the past year was working with Alternative Côte d’Ivoire https://www.facebook.com/alternativeci.infosbranches, an Ivoirian non-governmental organization committed to the fight for the rights of sexual minorities and to combatting HIV/AIDS. We first connected with Alternative CI after they prepared a stakeholder report for the 3rd Universal Periodic Review of Cote d’Ivoire. They were eager to learn what they should do with the report.

Lobbying at the United Nations

Starting in November 2018, we collaborated with Alternative CI to condense their report into a “one-pager” to use for lobbing, identified dozens of countries to target for our lobbying efforts, and provided them with advice about approaching embassies in Abidjan to seek their support.

In March, Philippe from Alternative CI was able to join us and our team of volunteers in Geneva to continue that advocacy. He participated in our half-day training and then hit the ground running, reaching out to delegates to the UN Human Rights Council and participating in meetings to share what is happening on the ground in the country.

As Alternative CI highlighted in its stakeholder report, even though LGBT status or conduct is not criminalized, people face discrimination and violence based on sexual orientation and gender identity. This violence and discrimination comes from private parties as well as officials, including police officers and health care workers.

Philippe joined our partners from United Oromo Voices and Human Rights in Democracy Center (Albania) to present in a parallel event during the Council session. Several government representatives attended the event to learn more about the types of recommendations Alternative Côte d’Ivoire would like them to make during the UPR’s interactive dialogue.

IMG_3937
Philippe from Alternative Côte d’Ivoire examines the team’s color-coded notecards to determine which countries he should reach out to on the floor of the Human Rights Council

Hard work pays off

Just last week, we had the chance to witness the fruits of Philippe’s hard work. The Council held its interactive dialogue with representatives of the government of Côte d’Ivoire on Tuesday, May 7. During the interactive dialogue, 101 countries offered a total of 251 recommendations to Côte d’Ivoire. Nine countries we lobbied—Argentina, Australia, Chile, the Czech Republic, Germany, Iceland, Ireland, the Netherlands, and the United States—made recommendations specifically addressing LGBTI rights. It was a huge victory. By way of comparison, during Côte d’Ivoire’s 2nd UPR in 2014, just 3 countries raised the issue of LGBTI rights.

Tripling the number of recommendations turned up the heat on the government. During the interactive dialogue, the Ivoirian government felt compelled to respond. The head of the delegation stated, “Our position is unchanged since our previous UPR, and therefore no measures have been taken or are intended to be taken regarding LGBT individuals. But our legislation does not make sexual orientation subject to punishment.” It was a big step, however, for the government even to speak those words at the Human Rights Council. In 2014, the government delegation was completely silent on the issue.

Ivoirian Government responds

As part of the UPR process, all of the recommendations from the interactive dialogue are transcribed and compiled into an official document called the Report of the Working Group https://www.theadvocatesforhumanrights.org/uploads/cote_divoire_upr_2019_report_of_working_group.pdf. The Office of the High Commissioner for Human Rights publishes those recommendations two days after the interactive dialogue, and then the government has approximately 4 months to respond to each recommendation. For each recommendation, governments have two options: accept or “note” (reject).

Many governments take the full four months to read the recommendations carefully and decide what to do. But some governments, including Côte d’Ivoire, act quickly and respond to most of the recommendations before OHCHR publishes the Report of the Working Group.

Côte d’Ivoire said it needed more time to consider just 24 of the 251 recommendations. It accepted 219 recommendations and summarily “noted” just 24. But all of the 9 recommendations on LGBTI rights were among the noted recommendations.

That the government should decide so quickly to reject all of those hard-fought recommendations stung. But then we looked more closely at the recommendations and saw the absurdity of the government’s position. The government rejected Iceland’s recommendation to “ensure that law enforcement officers comply with laws protecting the rights of LGBTI individuals.” Did the government of Côte d’Ivoire really not want to promise that police officers would follow existing law? And it rejected the United States’ recommendation to “investigate allegations of violence and serious levels of discrimination targeting LGBTI persons.” Did the government really think authorities should bury their heads in the sand if they receive a report alleging anti-LGBTI violence?

It became clear that the Ivoirian government didn’t even read the nine recommendations. It simply rejected any recommendation that referenced sexual orientation, gender identity, or the acronym LGBTI. Even Cameroon—a country that criminalizes consensual same-sex conduct and actively prosecutes people on suspicion they are LGBT– had accepted a recommendation from Belgium to “investigate police violence that took place on persons because of their actual or perceived gender identity.”

A silver lining?Pride-Day-Flag-Rainbow-Lesbian-Pride-Color-Lgbt-3822489.jpg

Looking over the recommendations more carefully, we discovered a few openings. Côte d’Ivoire accepted a recommendation from Jordan to “provide training to all actors in promoting and protecting human rights,” and a similar recommendation from Mexico to “implement human rights training programs for personnel of institutions involved in security and justice in the country.”

We had lobbied for training for police officers and health care workers on LGBTI rights. Perhaps Alternative CI can get involved in these trainings and ensure that they include some lessons on LGBTI rights.

Moving forward on IDAHOT

On this IDAHOT, we are looking forward to a future in Côte d’Ivoire and throughout the world where governments take seriously their obligation to respect, protect, and fulfill the rights of LGBTI persons. We’re looking forward to collaborating with Alternative Cote d’Ivoire on an alternative report on the rights of lesbians, bisexual women and trans women for the upcoming review of Côte d’Ivoire by the Committee on the Elimination of Discrimination Against Women. And we will persist in pressing the Ivoirian government to uphold its obligations under international human rights treaties to protect people from violence and discrimination based on sexual orientation and gender identity. We’re in it for the long haul, and with hard-working partners like Alternative Côte d’Ivoire, we know that we will see results.

To learn more about The Advocates’ work on LGBTI rights, click here: http://www.theadvocatesforhumanrights.org/lgbti_rights

To learn more about UN advocacy, click here: https://www.theadvocatesforhumanrights.org/uploads/chapter_9.pdf

If your organization would like to collaborate with The Advocates on UN advocacy or other projects, fill out this form: https://www.theadvocatesforhumanrights.org/partner

Nine Things Everyone Needs To Know About International LGBTI Rights

Nine Things Everyone Needs To Know About International LGBTI Rights

 

IFEDIDAHOT_KeyVisual_2017_EN.png

May 17 is the International Day Against Homophobia, Transphobia and Biphobia (IDAHOT). Created in 2004 to raise awareness about the violence and discrimination experienced by LGBTI people internationally, it has become a worldwide celebration of sexual and gender diversities. The date of May 17 was chosen specifically to commemorate the World Health Organization’s decision in 1990 to declassify homosexuality as a mental disorder.

This year, IDAHOT’s theme focuses on families. This focus includes both the role of families in the well-being of their LGBTI members, as well as respect for the rights of LGBTI families (rainbow families).  Given the proximity in dates and values of the  International Family Equality Day (IFED) in early May, this year IFED and IDAHOT were combined for joint recognition and celebration.

In honor of IDAHOT 2017, we put together a list of nine basic things that everyone needs to know about international LGBTI rights.

1.

Internationally, the acronyms LGBT and LGBTI

(standing for “lesbian, gay, bisexual, transgender, and

intersex”) are the most commonly used terms.

While many understand the meaning of the terms lesbian, gay and bisexual, some may be unfamiliar with the other terms. As defined by the United Nations’ Free & Equal Campaign, transgender (sometimes shortened to “trans”) is an umbrella term used to describe a wide range of identities — including transsexual people, cross-dressers, people who identify as third gender, and others whose appearance and characteristics are perceived as gender atypical. Some transgender people seek surgery or take hormones to bring their body into alignment with their gender identity; others do not. An intersex person is born with sexual anatomy, reproductive organs, and/or chromosome patterns that do not fit the typical definition of male or female. An intersex person may identify as male or female or as neither. Intersex status is not about sexual orientation or gender identity: intersex people experience the same range of sexual orientations and gender identities (SOGI) as non-intersex people.

It is worth noting that other terms are also used when talking about LGBTI rights. In many countries, the term MSM (“men who have sex with men”) is also used, particularly in the public health context of the fight against HIV/AIDS. MSM is also used in recognition of the fact that some men engaged in same-sex relations may not identify as gay or bisexual. Different cultures also have their own terms to describe people who form same-sex relationships and those who exhibit non-binary gender identities (such as hijra, meti, lala, skesana, motsoalle, mithli, kuchu, kawein, muxé, fa’afafine, fakaleiti, hamjensgara and Two-Spirit).

2.

SOGI stands for “Sexual Orientation and Gender Identity.”

As the UN states, sexual orientation refers to a person’s physical, romantic and/or emotional attraction towards other people. Sexual orientation is not related to gender identity. Gender identity reflects a deeply felt and experienced sense of one’s own gender. For transgender people, there is an inconsistency between their sense of their own gender and the sex they were assigned at birth.

3.

Private, consensual same-sex conduct

is a crime in at least 76 countries.

Because of these discriminatory laws, millions of LGBTI persons around the world face the risk of arrest, prosecution and imprisonment every day. And in as many as 10 countries, same-sex acts can be punished with the death penalty.

Laws that criminalize private, consensual sexual relationships between adults violate the rights to privacy and to freedom from discrimination under international law. In addition to violating these basic rights, criminalization legitimizes prejudice in society at large and exposes people to hate crimes, police abuse, torture and family violence. The Advocates’ partner organization LGBT Voice Tanzania has reported that because Tanzania criminalizes homosexual conduct, police officers harass, abuse, and demean LGBTI people with impunity, and often disregard complaints brought by LGBTI persons about harassment from others. Police routinely use violence and coercion against the LGBTI community, including torture, blackmail, corrective rape, detention without charge, and arbitrary charges. Many are forced to bribe officers to get out of jail for these arbitrary charges.

Further, criminalization hampers efforts to halt the spread of HIV by deterring LGBT people from coming forward for testing and treatment for fear of revealing criminal activity.

4.

LGBTI people and rights are not a Western export.

LGBTI people exist everywhere — in all countries, among all ethnic groups, at all socioeconomic levels, and in all communities. Further, global archeological and anthropological evidence — from prehistoric rock paintings in South Africa and Egypt to ancient Indian medical texts and early Ottoman literature — show that LGBTI people have always been a part of our communities. In fact in many parts of the world, it was Western colonial powers that imposed the criminal laws that punish same-sex conduct.

Click on the interactive map below that shows how colonization spread homophobic legislation to many parts of the world.

map for blog

5.

Some countries are passing “gay propaganda” laws

and other discriminatory laws that limit the rights

to free speech, freedom of association, and assembly.

In 2013, Russian President Vladimir Putin signed into law Federal Law 135, banning propaganda to minors about “non-traditional sexual relations.” Article 3(2)(b) of Federal Law 135 imposes administrative fines and, in the case of non-citizens, deportation, for:

Propaganda of non-traditional sexual relations among minors, including

distribution of information that intends minors to adopt non-traditional

sexual orientations, that makes non-traditional sexual relations attractive,

that presents distorted conceptions of the social equivalence of traditional

and non-traditional sexual relations, or that imposes information about non-traditional sexual relations that evokes interest in these relations.

The vague language describing the prohibited conduct and the steep fines that escalate for individuals who distribute their “propaganda” on the internet are designed to chill speech and stifle any efforts to provide support to LGBTI youth in Russia.

Nearly identical proposals have been introduced throughout Eastern Europe and Central Asia, with proposals currently are under discussion in Kazakhstan, Kyrgyzstan, Belarus, Lithuania and Indonesia.

6.

LGBTI persons around the world

experience widespread violence.

While official data on international homophobic and transphobic violence is difficult to obtain, the information that is available shows a clear pattern of widespread, brutal violence, often committed with impunity. Human rights violations experienced by LGBTI persons can include violent attacks, ranging from aggressive verbal abuse and psychological bullying to physical assault, beatings, torture, kidnapping and targeted killings. Sexual abuse and violence is also common, sometimes at the hands of the police. While violence can be perpetrated by individuals or groups and takes place in both public and private spaces, a common characteristic of many anti-LGBT hate crimes is their brutality. The torture and murder of Cameroonian activist Eric Ohena Lembembe in July 2013 is just one example, but one that hits close to home for The Advocates for Human Rights. Shortly before he was murdered, we partnered with Eric and his organization CAMFAIDS to write a report to the African Commission on Human and Peoples’ Rights on the rights of lesbian, gay, bisexual, transgender, and intersex (LGBTI) people in Cameroon.

7.

LGBTI persons around the world experience

discriminatory treatment every day, in workplaces,

schools, family homes, and health care settings.

In Tanzania, for example, LGBTI youth are expelled from school simply because of actual or suspected sexual orientation or gender identity. Most of these youth are also rejected by their families and are left to fend for themselves. Anti-LGBTI discrimination in the health sector includes denial of service, verbal harassment and abuse, and violations of confidentiality, all justified by the criminalization of same-sex conduct. The UN Office of the High Commissioner for Human Rights reported in 2015 that national laws in most countries do not provide adequate protection from employment-related discrimination on grounds of SOGI, allowing employers to fire or refuse to hire or promote people simply because they are perceived as lesbian, gay, bisexual or transgender.

Map 2 for blog

Discrimination has a tremendous personal cost for those who experience it. Rates of poverty, homelessness, depression and suicide are far higher among LGBT people than in the general population. But the UN Free and Equal Campaign  argues that we all pay a price: a study of 39 countries showed that the marginalization of the LGBT community was causing a substantial loss of potential economic output. “Every LGBT child thrown out of home and forced to miss out on education is a loss for society. Every LGBT worker denied their rights is a lost opportunity to build a fairer and more productive economy.”

8.

International law protects LGBTI rights.

The right to equality and non-discrimination are core human rights principles included in the United Nations Charter, The Universal Declaration of Human Rights (UDHR), and all multilateral human rights treaties. The equality and non-discrimination guarantee provided by international human rights law applies to ALL people, regardless of sexual orientation and gender identity or “other status.”

According to the United Nations, governments have core legal obligations to protect the human rights of LGBT people, including obligations to:

Protect individuals from homophobic and transphobic violence and prevent torture and cruel, inhuman and degrading treatment. Countries should enact hate crime laws that discourage violence against individuals based on sexual orientation, and set up effective systems for reporting hate motivated acts of violence, including effectively investigating, and prosecuting perpetrators, bringing those responsible to justice. They should provide training to law enforcement officers and monitor places of detention, and provide a system for victims to seek remedies. Additionally, asylum laws and policies should recognize that persecution based on sexual orientation may be a valid basis for an asylum claim.

Repeal laws criminalizing homosexuality including all legislation that criminalizes private sexual conduct between consenting adults. Ensure that individuals are not arrested or detained on the basis of their sexual orientation or gender identity and are not subjected to any degrading physical examinations intended to determine their sexual orientation.

Prohibit discrimination based on sexual orientation and gender identity. Enact legislation that prohibits discrimination on the grounds of sexual orientation and gender identity. Provide education and training to prevent discrimination and stigmatization of LGBT and intersex people.

Safeguard freedom of expression, association and peaceful assembly for all LGBT people and ensure that any restrictions on these rights – even where such restrictions purport to serve a legitimate purpose and are reasonable and proportionate in scope – are not discriminatory on grounds of sexual orientation and gender identity. Promote a culture of equality and diversity that encompasses respect for the rights of LGBT people.

9.

You can take action to support LGBTI rights in

your community and around the world.

May 17 is the single most important annual date for global LGBTI mobilization and awareness raising. Research has shown that 17% of all annual discussions on Homophobia, Biphobia and Transphobia are generated around the IDAHOT. Those discussions are happening in almost every country in the world. Please share this article and others that raise awareness about LGBTI rights on social media.

Learn more about The Advocates for Human Rights’ work on LGBTI rights here. Read Staff attorney Amy Bergquist’s article about our strategies in “Moving Forward: Four Steps and Six Strategies For Promoting LGBTI Rights Around the World.”

By: Jennifer Prestholdt, The Advocates for Human Rights’ deputy director, and director of its International Justice Program. 

Learn more about #IDAHOT and ways to take action here.

We all need to keep keeping fighting for the rights of LGBTI persons, wherever they are in the world! In 2016, the UN Free & Equal Campaign released this inspiring video “Why We Fight” of courageous LGBTI activists and allies around the world and the rights that they are fighting for.

More posts by The Advocates for Human Rights on international  LGBTI rights:

Anti-LGBTI Discrimination Harms Efforts to Fight HIV/AIDS

African Commission Urges Cameroon to End LGBTI Discrimination

Leading By Example: The International Impact of Marriage Equality Ruling

African Commission to Consider Violence Perpetrated Because of Sexual Orientation, Gender Identity

“Look at the details of Eric Ohena Lembembe’s life and you will understand why he died.”

Two Steps Forward, One Step Back for LGBTI Rights in Africa

Recent Anti-LGBTI Laws Violate Human Rights

Out in the Cold: LGBT Visibility at Olympics Key to Ending Homophobia

Russia’s “Gay Propaganda” Law: How U.S. Extremists are Fueling the Fight Against LGBTI Rights

Locking the Iron Closet: Russia’s Propaganda Law Isolates Vulnerable LGBTI Youth

The Wild East: Vigilante Violence against LGBTI Russians

“This is my fight song, my take back my life song”

Why we fight

May 17 is the International Day Against Homophobia, Transphobia and Biphobia (IDAHOT). Created in 2004 to raise awareness about the violence and discrimination experienced by LGBTI people internationally, it has become a worldwide celebration of sexual and gender diversities. The date of May 17 was chosen specifically to commemorate the World Health Organization’s decision in 1990 to declassify homosexuality as a mental disorder.

International DayThis year, IDAHOT’s theme focuses on mental health and well-being, with an emphasis on depathologizing LGBT people and bringing an end to “conversion” and other therapies claiming to change sexual orientation and gender identities.

In honor of IDAHOT 2016, we put together a list of nine basic things that everyone needs to know about international LGBTI rights.

1.
Internationally, the acronyms LGBT and LGBTI
(standing for “lesbian, gay, bisexual, transgender, and
intersex”) are the most commonly used terms.

While many understand the meaning of the terms lesbian, gay and bisexual, some may be unfamiliar with the other terms. As defined by the United Nations’ Free & Equal Campaign, transgender (sometimes shortened to “trans”) is an umbrella term used to describe a wide range of identities — including transsexual people, cross-dressers, people who identify as third gender, and others whose appearance and characteristics are perceived as gender atypical. Some transgender people seek surgery or take hormones to bring their body into alignment with their gender identity; others do not. An intersex person is born with sexual anatomy, reproductive organs, and/or chromosome patterns that do not fit the typical definition of male or female. An intersex person may identify as male or female or as neither. Intersex status is not about sexual orientation or gender identity: intersex people experience the same range of sexual orientations and gender identities (SOGI) as non-intersex people.

It is worth noting that other terms are also used when talking about LGBTI rights. In many countries, the term MSM (“men who have sex with men”) is also used, particularly in the public health context of the fight against HIV/AIDS. MSM is also used in recognition of the fact that some men engaged in same-sex relations may not identify as gay or bisexual. Different cultures also have their own terms to describe people who form same-sex relationships and those who exhibit non-binary gender identities (such as hijra, meti, lala, skesana, motsoalle, mithli, kuchu, kawein, muxé, fa’afafine, fakaleiti, hamjensgara and Two-Spirit).

2.
SOGI stands for “Sexual Orientation and Gender Identity.”

As the UN states, sexual orientation refers to a person’s physical, romantic and/or emotional attraction towards other people. Sexual orientation is not related to gender identity. Gender identity reflects a deeply felt and experienced sense of one’s own gender. For transgender people, there is an inconsistency between their sense of their own gender and the sex they were assigned at birth.

3.
Private, consensual same-sex conduct
is a crime in at least 76 countries.

Because of these discriminatory laws, millions of LGBTI persons around the world face the risk of arrest, prosecution and imprisonment every day. And in as many as 10 countries, same-sex acts can be punished with the death penalty.

Laws that criminalize private, consensual sexual relationships between adults violate the rights to privacy and to freedom from discrimination under international law. In addition to violating these basic rights, criminalization legitimizes prejudice in society at large and exposes people to hate crimes, police abuse, torture and family violence. The Advocates’ partner organization LGBT Voice Tanzania has reported that because Tanzania criminalizes homosexual conduct, police officers harass, abuse, and demean LGBTI people with impunity, and often disregard complaints brought by LGBTI persons about harassment from others. Police routinely use violence and coercion against the LGBTI community, including torture, blackmail, corrective rape, detention without charge, and arbitrary charges. Many are forced to bribe officers to get out of jail for these arbitrary charges.

Further, criminalization hampers efforts to halt the spread of HIV by deterring LGBT people from coming forward for testing and treatment for fear of revealing criminal activity.

4.
LGBTI people and rights are not a Western export.

LGBTI people exist everywhere — in all countries, among all ethnic groups, at all socioeconomic levels, and in all communities. Further, global archeological and anthropological evidence — from prehistoric rock paintings in South Africa and Egypt to ancient Indian medical texts and early Ottoman literature — show that LGBTI people have always been a part of our communities. In fact in many parts of the world, it was Western colonial powers that imposed the criminal laws that punish same-sex conduct.

Click on the interactive map below that shows how colonization spread homophobic legislation to many parts of the world.

map for blog

5.
Some countries are passing “gay propaganda” laws
and other discriminatory laws that limit the rights
to free speech, freedom of association, and assembly.

In 2013, Russian President Vladimir Putin signed into law Federal Law 135, banning propaganda to minors about “non-traditional sexual relations.” Article 3(2)(b) of Federal Law 135 imposes administrative fines and, in the case of non-citizens, deportation, for:

Propaganda of non-traditional sexual relations among minors, including
distribution of information that intends minors to adopt non-traditional
sexual orientations, that makes non-traditional sexual relations attractive,
that presents distorted conceptions of the social equivalence of traditional
and non-traditional sexual relations, or that imposes information about non-traditional sexual relations that evokes interest in these relations.

The vague language describing the prohibited conduct and the steep fines that escalate for individuals who distribute their “propaganda” on the internet are designed to chill speech and stifle any efforts to provide support to LGBTI youth in Russia.

Nearly identical proposals have been introduced throughout Eastern Europe and Central Asia, with proposals currently are under discussion in Kazakhstan, Kyrgyzstan, Belarus, Lithuania and Indonesia.

6.
LGBTI persons around the world
experience widespread violence.

While official data on international homophobic and transphobic violence is difficult to obtain, the information that is available shows a clear pattern of widespread, brutal violence, often committed with impunity. Human rights violations experienced by LGBTI persons can include violent attacks, ranging from aggressive verbal abuse and psychological bullying to physical assault, beatings, torture, kidnapping and targeted killings. Sexual abuse and violence is also common, sometimes at the hands of the police. While violence can be perpetrated by individuals or groups and takes place in both public and private spaces, a common characteristic of many anti-LGBT hate crimes is their brutality. The torture and murder of Cameroonian activist Eric Ohena Lembembe in July 2013 is just one example, but one that hits close to home for The Advocates for Human Rights. Shortly before he was murdered, we partnered with Eric and his organization CAMFAIDS to write a report to the African Commission on Human and Peoples’ Rights on the rights of lesbian, gay, bisexual, transgender, and intersex (LGBTI) people in Cameroon.

7.
LGBTI persons around the world experience
discriminatory treatment every day, in workplaces,
schools, family homes, and health care settings.

In Tanzania, for example, LGBTI youth are expelled from school simply because of actual or suspected sexual orientation or gender identity. Most of these youth are also rejected by their families and are left to fend for themselves. Anti-LGBTI discrimination in the health sector includes denial of service, verbal harassment and abuse, and violations of confidentiality, all justified by the criminalization of same-sex conduct. The UN Office of the High Commissioner for Human Rights reported in 2015 that national laws in most countries do not provide adequate protection from employment-related discrimination on grounds of SOGI, allowing employers to fire or refuse to hire or promote people simply because they are perceived as lesbian, gay, bisexual or transgender.

Map 2 for blog

Discrimination has a tremendous personal cost for those who experience it. Rates of poverty, homelessness, depression and suicide are far higher among LGBT people than in the general population. But the UN Free and Equal Campaign  argues that we all pay a price: a study of 39 countries showed that the marginalization of the LGBT community was causing a substantial loss of potential economic output. “Every LGBT child thrown out of home and forced to miss out on education is a loss for society. Every LGBT worker denied their rights is a lost opportunity to build a fairer and more productive economy.”



8.
International law protects LGBTI rights.

The right to equality and non-discrimination are core human rights principles included in the United Nations Charter, The Universal Declaration of Human Rights (UDHR), and all multilateral human rights treaties. The equality and non-discrimination guarantee provided by international human rights law applies to ALL people, regardless of sexual orientation and gender identity or “other status.”

According to the United Nations, governments have core legal obligations to protect the human rights of LGBT people, including obligations to:

Protect individuals from homophobic and transphobic violence and prevent torture and cruel, inhuman and degrading treatment. Countries should enact hate crime laws that discourage violence against individuals based on sexual orientation, and set up effective systems for reporting hate motivated acts of violence, including effectively investigating, and prosecuting perpetrators, bringing those responsible to justice. They should provide training to law enforcement officers and monitor places of detention, and provide a system for victims to seek remedies. Additionally, asylum laws and policies should recognize that persecution based on sexual orientation may be a valid basis for an asylum claim.

Repeal laws criminalizing homosexuality including all legislation that criminalizes private sexual conduct between consenting adults. Ensure that individuals are not arrested or detained on the basis of their sexual orientation or gender identity and are not subjected to any degrading physical examinations intended to determine their sexual orientation.

Prohibit discrimination based on sexual orientation and gender identity. Enact legislation that prohibits discrimination on the grounds of sexual orientation and gender identity. Provide education and training to prevent discrimination and stigmatization of LGBT and intersex people.

Safeguard freedom of expression, association and peaceful assembly for all LGBT people and ensure that any restrictions on these rights – even where such restrictions purport to serve a legitimate purpose and are reasonable and proportionate in scope – are not discriminatory on grounds of sexual orientation and gender identity. Promote a culture of equality and diversity that encompasses respect for the rights of LGBT people.

9.
You can take action to support LGBTI rights in
your community and around the world.

May 17 is the single most important annual date for global LGBTI mobilization and awareness raising. Research has shown that 17% of all annual discussions on Homophobia, Biphobia and Transphobia are generated around the IDAHOT. Those discussions are happening in almost every country in the world. Please share this article and others that raise awareness about LGBTI rights on social media.

Learn more about The Advocates for Human Rights’ work on LGBTI rights here. Read Staff attorney Amy Bergquist’s article about our strategies in “Moving Forward: Four Steps and Six Strategies For Promoting LGBTI Rights Around the World.”

By: Jennifer Prestholdt, The Advocates for Human Rights’ deputy director, and director of its International Justice Program. Prestholdt also coordinates The Advocates’ school in Nepal, the Sankhu-Palubari Community School.

Learn more about #IDAHOT and ways to take action here.

Find out more about events being held in countries around the world here.

And keeping fighting for the rights of LGBTI persons, wherever they are in the world! The UN Free & Equal Campaign released this inspiring video “Why We Fight” of courageous LGBTI activists and allies around the world and the rights that they are fighting for.

More posts by The Advocates for Human Rights on international  LGBTI rights:

Anti-LGBTI Discrimination Harms Efforts to Fight HIV/AIDS

African Commission Urges Cameroon to End LGBTI Discrimination

Leading By Example: The International Impact of Marriage Equality Ruling

African Commission to Consider Violence Perpetrated Because of Sexual Orientation, Gender Identity

“Look at the details of Eric Ohena Lembembe’s life and you will understand why he died.”

Two Steps Forward, One Step Back for LGBTI Rights in Africa

Recent Anti-LGBTI Laws Violate Human Rights

Out in the Cold: LGBT Visibility at Olympics Key to Ending Homophobia

Russia’s “Gay Propaganda” Law: How U.S. Extremists are Fueling the Fight Against LGBTI Rights

Locking the Iron Closet: Russia’s Propaganda Law Isolates Vulnerable LGBTI Youth

The Wild East: Vigilante Violence against LGBTI Russians