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Bulletin on UN Special Procedures and SOGIESC – September 2017

The third issue of ILGA's bulletin on the United Nations Special Procedures and sexual orientation, gender identity and expression, and sex characteristics (SOGIESC)

Profile photo of Daniele Paletta

18th September 2017 15:06

Daniele Paletta | World

Special_Procedures_bulletin_September_2017

This is the third monthly bulletin by ILGA on UN Special Procedures and sexual orientation, gender identity and expression, and sex characteristics (SOGIESC).

We include here some information that was in the last bulletin: deadlines that are still open, for example. Things that are new, however, we mark with this: NEW! to make it easier to see what is “just-in”.

NEW! Many things have been happening at the UN Special Procedures since the last bulletin, but one piece of news affected all of us: Professor Vitit Muntarbhorn, the UN’s Independent Expert on SOGI, resigned, for illness and family reasons, on 8th September 2017, in a letter sent to the President of the Human Rights Council. The effective date of the resignation is 31 October 2017. Our thoughts are very much with Professor Muntarbhorn and his family at this time. You may find ILGA’s statement here. The position will therefore soon be vacant, and a new Independent Expert will be appointed by the Human Rights Council in the coming weeks. Applications for the position must be submitted by 11 October 2017. Realistically, a new appointment is unlikely to happen before December 2017, and may take place later. More information is available below.

This third issue of the bulletin includes sections on thematic and country reports that are presented by Special Procedures mandate holders during the 36th (September 2017) session of the Human Rights Council (HRC), as well as during the Third Committee of the 72nd session of the General Assembly in New York (October-November 2017); five open calls for civil society input and the list of upcoming country visits; latest communications by mandate holders on LGBTI issues; appointments of Special Procedures at the 36th (September 2017) and 37th (March 2018) HRC; and a list of resources for advocacy with Special Procedures mechanisms.

🌈 We would like to highlight the following information that we think is particularly relevant:

  • NEW! the second report of the SOGI Independent Expert, Vitit Muntarbhorn, to be presented in October 2017 at the General Assembly in New York;
  • the Special Procedures presenting at the Human Rights Council in September 2017;
  • NEW! the Special Procedures presenting at the General Assembly in New York in October-November 2017;
  • the call for inputs for the report of the Special Rapporteur on Violence Against Women for her report on online violence against women;
  • the ongoing call on strategic litigation of the Special Rapporteur on peaceful assembly and of association;
  • the September 2017 visit to Malaysia of the Special Rapporteur on cultural rights;
  • NEW! the September-October 2017 visit to Armenia of the Special Rapporteur on the right to health;
  • the October-November 2017 visit to India of the Special Rapporteur on water & sanitation;
  • NEW! the December 2017 visit to the Bahamas of the Special Rapporteur on violence against women;
  • NEW! the December 2017 visit to Chad of the Working Group on Discrimination against women;
  • the December 2017 visit to the United States of the Special Rapporteur on extreme poverty and human rights;
  • NEW! communications by Special Procedures on LGBTI issues in El Salvador, Peru and Russia;
  • the shortlist of candidates for several mandates, especially the Working Group on the Elimination of Discrimination Against Women; and
  • NEW! the UN Special Rapporteur on freedom of religion or belief’s compilation of articles on freedom of religion or belief and sexuality. 🌈

We would be happy to share details of civil society groups or coalitions engaging with specific Special Procedures on SOGIESC issues. In that light, please do let us know if you are coordinating or facilitating such engagement.

We look forward to working with you as you engage with this useful part of the UN system! 

Kseniya Kirichenko,
UN Programme Officer (Treaty Bodies and Special Procedures), ILGA
sp@ilga.org


Special_Procedures_latest_reports

36TH HUMAN RIGHTS COUNCIL
SEPTEMBER 2017

A number of reports are being presented by Special Procedures mandate holders in September 2017 at the 36th Human Rights Council’s session in Geneva. The list of the reports (updated as reports become available) is available here.

The following reports all contain SOGIESC references:

  • NEW! Working Group on Arbitrary Detention
    • Report of the Working Group on Arbitrary Detention, A/HRC/36/37 (paras 46 & 48e)
  • Working Group on Arbitrary Detention
    • Report of the Working Group on Arbitrary Detention on its visit to the United States of America, A/HRC/36/37/Add.2 (para 34)
  • Working Group on Arbitrary Detention
    • Methods of work of the Working Group on Arbitrary Detention, A/HRC/36/38 (para 8e)
  • NEW! Working Group on Enforced or Involuntary Disappearances on enforced disappearances
    • Report of the Working Group on Enforced or Involuntary Disappearances on enforced disappearances in the context of migration, A/HRC/36/39/Add.2 (para 52)
  • NEW! Working Group on Enforced or Involuntary Disappearances on enforced disappearances
    • Report of the Working Group on Enforced or Involuntary Disappearances – Addendum – Follow-up report to the recommendations made by the Working Group – Missions to Chile and Spain, A/HRC/36/39/Add.3
  • NEW! Working Group of Experts on People of African Descent
    • Report of the Working Group of Experts on People of African Descent on its nineteenth and twentieth sessions, A/HRC/36/60 (para 26)
  • NEW! Working Group of Experts on People of African Descent
    • Report of the Working Group of Experts on People of African Descent on its mission to Canada, A/HRC/36/60/Add.1 (paras 26, 50, 66, 71 & 93c)
  • NEW! Working Group of Experts on People of African Descent
    • Report of the Working Group of Experts on People of African Descent on its mission to Germany, A/HRC/36/60/Add.2 (paras 14, 18 & 45)
  • NEW! Special Rapporteur on the situation of human rights in Cambodia
    • Report of the Special Rapporteur on the situation of human rights in Cambodia, A/HRC/36/61 (para 14 & 38)

We also draw your attention to the following mandates where there may be opportunities for engagement:

Wednesday
20 September 2017

Tuesday
26 September 2017

Wednesday
27 September 2017

Special Rapporteur on Indigenous Peoples Special Rapporteur on Cambodia

Independent Expert on Central African Republic

Independent Expert on Sudan

Independent Expert on Somalia

The Complete Programme of Work for the 36th Human Rights Council can be found here.

 

72ND GENERAL ASSEMBLY
SEPTEMBER TO DECEMBER 2017

A number of reports will be presented by most Special Procedures mandate holders, in October and November 2017 at the Third Committee of the 72nd session of the General Assembly in New York.

NEW! The reports of Special Procedures before the General Assembly, some of which will contain SOGIESC references, are almost all now available here.

NEW!  🌈 In particular, we draw your attention to the second report of the SOGI Independent Expert, Vitit Muntarbhorn, to be presented on the afternoon of 20 October 2017 at the General Assembly in New York. His report is available here. 🌈

Other SOGIESC-inclusive reports are the following:

  • NEW! Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance
    • Report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, A/72/291 (para 15)
  • NEW! Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context
    • Report of the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context, A/72/128 (para 15)
  • NEW! Special Rapporteur on the rights of persons with disabilities
    • Report of the Special Rapporteur on the rights of persons with disabilities, A/72/133 (para 21)
  • NEW! Special Rapporteur on the rights to freedom of peaceful assembly and of association
    • Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association, A/72/135 (para 35)
  • NEW! 🌈 Special Rapporteur in the field of cultural rights
    • Report of the Special Rapporteur in the field of cultural rights, A/72/155 (paras 9, 85, 86, 87, 90 & 98j) 🌈
  • NEW! Working Group on the issue of human rights and transnational corporations and other business enterprises
    • Report of the Working Group on the issue of human rights and transnational corporations and other business enterprises, A/72/162 (para 11)
  • NEW! Special Rapporteur on the human rights of migrants
    • Report of the Special Rapporteur on the human rights of migrants, A/72/173 (para 39)
  • NEW! Special Rapporteur on the situation of human rights in the Islamic Republic of Iran
    • Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, A/72/322 (para 57)


Special_Procedures_call_inputs

 

This section is a collection of the current calls for input where you can find opportunities for civil society to provide input into Special Procedures’ annual reports, and/or engage in public consultations and country visits.

Calls for Written Inputs

  • 🌈 Special Rapporteur on violence against women, its causes and consequences – Online violence against women: call for existing good practices on law regulating violence against women and sexual harassment on-line – Deadline for contributions 30 September 2017. Report to be delivered in June 2018 (38th HRC). Read more 🌈
  • NEW! Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment – Call for submissions on migration related torture – Deadline for contributions 30 September 2017. Report to be delivered in March 2018 (37th HRC). Read more
  • 🌈 Special Rapporteur on the rights to freedom of peaceful assembly and of association – “Strategic litigation in national, regional and international courts” – There is no deadline, as submissions are received on an ongoing basis. Read more 🌈
  • Special Rapporteur on extreme poverty and human rights – Call for inputs on upcoming country visit to the United States (4 to 15 December 2017) – Deadline for inputs 4 October 2017. Read more

 

Notification of public consultations

  • NEW! Working Group of Experts on People of African Descent – Regional meeting for Europe, Central Asia and North America for the International Decade for People of African Descent (organized by OHCHR, Room XIX at the Palais des Nations, Geneva from 23 to 24 November 2017) – Deadline for civil society applications for support to participate in the Regional meeting 20 September 2017. Read more

Upcoming Country Visits

The following country visits are soon taking place. This information is regularly updated by the OHCHR here.

Malaysia  🌈 Cultural rights 🌈 11-22 September
Mongolia Environment 19-27 September
NEW! Switzerland Foreign debt 25 September-4 October
NEW! Armenia  🌈 Health 🌈 25 September-5 October
NEW! Guyana People of African descent 2-6 October
NEW! Denmark Environment and hazardous substances 2-13 October
France Persons with disabilities 3-13 October
Sri Lanka Truth and justice 10-23 October
NEW! Poland Independence of justice 23-27 October
India 🌈 Water and Sanitation 🌈 30 October-10 November
Sudan Enforced or involuntary disappearances 20-29 November
NEW! Lao People’s Republic Children 22-30 November
Bahamas  🌈Violence against women 🌈 1-15 December
Chad  🌈 Discrimination against women in law and practice 🌈 4-14 December
USA    🌈Poverty 🌈

4-15 December

*To find out how you can support the visits, please contact the respective mandate-holder at their email, found in the OHCHR directory.

 

Special_Procedures_reports_human_rights_violations

 

NEW!  🌈 This section is based on the latest communications report (36 Human Rights Council, September 2017) and includes details of the SOGIESC-related communications sent from 01 March 2017 to 31 May 2017.  Read more 🌈

 

Date, country, communication Mandates Summary

10 April 2017

Peru

PER 3/2017

·     sexual orientation and gender identity

Concerns in relation to Legislative Decree No. 1323 approved in January 2017 (repealing sexual orientation and gender identity from anti-discrimination and hate crime provisions)

13 April 2017

Russia

RUS 4/2017

·     arbitrary detention

·     execution

·     torture

·     sexual orientation and gender identity

·     freedom of opinion and expression

 

Information received in connection with alleged unlawful detentions, torture and extrajudicial killings of men perceived to be gay or bisexual in Chechnya in the past weeks.

26 May 2017

El Salvador

SLV 2/2017

·     women in law and in practice

·     human rights defenders

·     violence against women

·     sexual orientation and gender identity

·     executions

·     freedom of opinion and expression

·     freedom of assembly and association

Information received regarding 3 murders of trans women in San Luis Talpa, as well as allegations of acts of intimidation and threats, including acts of extortion against a human rights defender.


Special_Procedures_mandate_holders

This section contains details of the upcoming nominations, selection and appointment of mandate holders.

NEW!  🌈 As we mentioned in the foreword, Professor Vitit Muntarbhorn, the UN’s Independent Expert on SOGI, resigned, for illness and family reasons, on 8th September 2017. The effective date of the resignation is 31 October 2017.

The process for appointing his successor – the standard procedure for appointing a UN “Special Procedures” expert – has just started. Applicants should submit all the requested information by 11 October 2017 (12 noon GMT). More information is available here. Applications are then reviewed by a “Consultative Group” of five Geneva ambassadors from the UN’s five regions, currently consisting of Croatia, Honduras, Malaysia, Mauritius and Norway. The Consultative Group carries out interviews and makes a recommendation to the President of the Human Rights Council, frequently of three candidates, ranked in order of preference. The President of the Human Rights Council then makes a recommendation of one candidate based on the list received from the Consultative Group. The Human Rights Council then makes a decision based on the recommendation of the President of the Human Rights Council. This could all happen by as early as December 2017.  🌈

Appointments to be made at the 36th session of the Human Rights Council (September 2017). Read more

  • Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance
  • NEW! Special Rapporteur on the elimination of discrimination against persons affected by leprosy and their family members
  • Working Group of Experts on People of African Descent (member from Western European and other States)
  • 🌈 Working Group on the issue of discrimination against women in law and in practice (member from African States) 
  • Working Group on the issue of discrimination against women in law and in practice (member from Asia-Pacific States)
  • Working Group on the issue of discrimination against women in law and in practice (member from Eastern European States)
  • Working Group on the issue of discrimination against women in law and in practice (member from Western European and other States) 🌈

For each of these positions, the candidates who applied can be found here. The Consultative Group’s lists of recommended candidates can be found here (Part I) and here (Part II). The President of the Human Rights Council’s recommendations on six out of the seven mandates are available here. The appointment will be made at the end of the HRC in September.

ILGA, together with other organizations, sent a letter to the Consultative Group regarding the selection process for the positions on the Working Group on the Elimination of Discrimination Against Women, requesting them to take into consideration certain criteria.

Appointments to be made at the 37th session of the Human Rights Council (March 2018). Application process not yet open:

    • Expert Mechanism on the Rights of Indigenous Peoples (EMRIP) (member from Africa)
    • Expert Mechanism on the Rights of Indigenous Peoples (EMRIP) (member from North America)
    • Independent Expert on the promotion of a democratic and equitable international order
    • Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence
    • Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination, member from African States
    • Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination (member from Eastern European States)
    • Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination (member from Latin American and Caribbean States)

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