Photos and collage: ISHR
The Human Rights Council has renewed the mandate of the only human rights expert within the United Nations system that is specifically dedicated to addressing violence and discrimination against lesbian, gay, bisexual, trans (LGBT) and gender diverse persons.
Following a campaign by 1’259 non-governmental organisations from 157 States and territories, the UN human rights body adopted the resolution by a vote of 29 in favour, with 15 voting against and 3 abstaining.
Thanks to this vote, the Human Rights Council reaffirmed its commitment to combating discrimination and violence against everyone, reminding all States of their obligations towards people of diverse sexual orientations and gender identities.
The Independent Expert on protection against violence and discrimination on the basis of sexual orientation and gender identity (SOGI) will now be able to continue the work for three more years. The mandate is currently held by South African scholar Graeme Reid.
‘The renewal of this mandate is a powerful response to a rising tide of anti-rights rhetoric that has sought to target LGBT* and gender diverse people across the globe,’ reacted Fabiana Leibl, Programme Manager for ISHR. ‘Through his work, the Independent Expert will continue to champion visibility for these communities and for the legitimacy of their cause,’ Leibl added.
'The mandate of the UN Independent Expert on SOGI is indispensable: it is a moral and political shield and, without it, our struggles would be at risk of being abandoned and made invisible.'Elena Petrovska, Project coordinator for ERA - LGBTI Equal Rights Association for Western Balkans and Turkey.
Created in 2016, and renewed in 2019 and 2022, the mandate of the Independent Expert on SOGI has been supported by a growing number of States from all regions. The current resolution to renew the mandate was presented by a Core Group of six Latin American countries – Brazil, Chile, Colombia, Costa Rica, Mexico, and Uruguay – and was co-sponsored 50 countries from all regions.
The Independent Expert is tasked with assessing the implementation of international human rights law, investigating violence and discrimination against LGBT and gender diverse persons, and helping States, UN agencies, other mandates and bodies in the international and regional systems to address them.
Since the post was established, three successive mandate holders have conducted official visits to 11 countries and produced 17 reports documenting discrimination on the grounds of sexual orientation and gender identity – including the impact of the criminalisation of same-sex relations between consenting adults, the need to legally recognise a person’s gender, and the situation of LGBT persons who are forcibly displaced, among others. Mandate holders have also sent communications documenting allegations of human rights violations to 171 States across all regions.
Having secured a renewal for three more years, this mandate will continue to support initiatives in countries around the world, ensuring that LGBT and gender diverse people can live free of discrimination, and to amplify their voices and testimonies in international human rights fora.
Civil society worldwide urges all governments to cooperate fully with the Independent Expert in this important work to bring about a world free from violence and discrimination for everyone.
*The article 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.
Nepal's recognition of international legal frameworks is contributing to the development of national legal norms acknowledging issues of sexual orientation and gender identity.
It's difficult to encapsulate such a complex year in a word, but "interconnected" is one that comes to mind when reflecting on 2020. We are proud to have remained deeply interconnected with defenders and to have supported, protected and amplified their work at the national, regional and international levels. With them, the "essential workers" of our times, we strive for a 2021 full of freedom, equality, dignity and justice.
