44th Human Rights Council (June-July 2020)
The Special Procedures latest communications report to the 44th session of the Human Rights Council provides summaries of communications (1 December 2019 to 29 February 2020), and replies received from governments (1 February to 30 April 2020).
3 communications related to SOGIESC:
- Egypt (arbitrary arrest and detention of a woman human rights defender and a trans man)
- Tunisia (social media harassment and threats against a human rights defender, including death threats)
- Turkey (excessive use of force against peaceful demonstrators at the Pride Marches on the campus of the Middle East Technical University (METU) on 10 May 2019, as well as arbitrary arrest, detention and prosecution against them)
All the communications have been made by the Independent Expert on SOGI together with other mandate holders.
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Egypt
Sexual orientation and gender identity; arbitrary detention; human rights defenders; privacy; torture; women and girls
Information received concerning ththe alleged arbitrary arrest and detention of Eman Al-Helw, a woman human rights defender, and Hossam Ahmad, a trans man.
Tunisia
Sexual orientation and gender identity; freedom of opinion and expression; human rights defenders; religion or belief; terrorism; torture
Information received regarding the harassment and threats against Mr. Mounir Baatour, including death threats, disseminated on social media in connection with his legitimate activities as a human rights defender.
See Reply received
Turkey
Sexual orientation and gender identity; freedom of opinion and expression; freedom of peaceful assembly and of association; human rights defenders; terrorism
Information received concerning alleged excessive use of force against peaceful demonstrators at the Pride Marches that took place on the campus of the Middle East Technical University (METU) on 10 May 2019, as well as alleged arbitrary arrest, detention and prosecution against them.
See Reply received
43rd Human Rights Council (February – March 2020)
The Special Procedures latest communications report to the 43rd session of the Human Rights Council provides summaries of communications (1 June to 30 November 2019), and replies received from governments (1 August 2019 to 31 January 2020).
7 communications related to SOGIESC:
- Philippines (online hatred, verbal harassment and threats against an LGBTI activist on account of his work and his advocacy as a gay Muslim claiming that his religion is inclusive and affirmative of his sexuality)
- Argentina (reprisals and harassment against a lawyer for the exercise of his functions, as well as physical and psychological ill-treatment and lack of medical attention towards a trans woman who was held in a penitentiary establishment)
- Kazakhstan (discriminatory restrictions on the rights to freedom of peaceful assembly, freedom of association and freedom of expression of LBTIQ human rights defenders, which may relate to their engagement in advocacy on human rights related to sexual orientation, gender identity and gender equality)
- United States (the context of the sentence to death of a gay man; allegedly his sexual orientation was part of the considerations that led to his condemnation to the death penalty)
- Honduras (a murder and an attempted murder against two trans women human rights defenders)
- Kazakhstan (harassment and discrimination directed towards a young lesbian couple and the unauthorized filming and posting of a video in social media)
- Georgia (restrictions to the right to peaceful assembly, freedom of association and to the freedom of expression of the LGBT community following threats and acts of intimidation against organizers and participants to the Tbilisi Pride)
All the communications have been made by the Independent Expert on SOGI together with other mandate holders.
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Philippines
Sexual orientation and gender identity; freedom of opinion and expression; freedom of peaceful assembly and of association; human rights defenders; religion or belief
Information received concerning hatred, verbal harassment and threats against Rhadem Camlian Morados, including death threats and threats of kidnapping, disseminated on social media on account of his work on sexual orientation, gender identity and sex characteristics and his advocacy as a gay Muslim claiming that his religion is inclusive and affirmative of his sexuality.
Argentina
Independence of judges and lawyers; health; human rights defenders; sexual orientation and gender identity; torture
Information received regarding the alleged reprisals and harassment against a lawyer Mario Luis Coriolano for the exercise of his functions as Defender of Cassation, as well as the alleged physical and psychological ill-treatment and lack of medical attention towards Mónica Mego Velayresse, a trans woman who was held in a penitentiary establishment in the Province of Buenos Aires.
See Replies received 1 | 2 | 3 | 4
Kazakhstan
Freedom of opinion and expression; freedom of peaceful assembly and of association; human rights defenders; sexual orientation and gender identity; violence against women; discrimination against women and girls
Information received concerning the discriminatory restrictions on the rights to freedom of peaceful assembly, freedom of association and freedom of expression of LBTIQ human rights defenders, which may relate to their engagement in advocacy on human rights related to sexual orientation, gender identity and gender equality.
See Reply received
United States of America
Executions; sexual orientation and gender identity
Information received concerning the context of the sentence to death of Mr. Rhines. Allegedly his sexual orientation was part of the considerations that led to his condemnation to the death penalty.
Honduras
Executions; freedom of opinion and expression; human rights defenders; sexual orientation and gender identity; violence against women; discrimination against women and girls
Information received on the murder of Ms. Bessy Ferrero Sánchez and the attempted murder against Ms. Vicky Carvajal, both trans women human rights defenders working with LGBTI people and members of the Colectivo de Mujeres Trans Muñecas of the Association ARCOIRIS.
See Replies received 1 | 2 | 3
Kazakhstan
Independence of judges and lawyers; privacy; sexual orientation and gender identity; violence against women; discrimination against women in law and in practice
Information received concerning acts of harassment and discrimination directed towards a young lesbian couple and the unauthorized filming and posting of a video in social media, affecting their right to privacy.
See Reply received
Georgia
Freedom of opinion and expression; freedom of peaceful assembly and of association; human rights defenders; sexual orientation and gender identity
Information received concerning possible restrictions to the right to peaceful assembly, freedom of association and to the freedom of expression of the LGBT community following threats and acts of intimidation against organizers and participants to the Tbilisi Pride.
See Reply received
42nd Human Rights Council (September 2019)
The Special Procedures latest communications report to the 42nd session of the Human Rights Council provides summaries of communications (1 Mar to 31 May 2019), and replies received from governments (1 May to 31 Jul 2019).
7 communications related to SOGIESC:
- Armenia (online harassment and hate speech against a woman human rights defender and a trans human rights defender)
- Brunei Darussalam (criminalisation of adultery and consensual same sex relations and the imposition of cruel, inhuman and degrading punishments for such acts)
- Egypt (alleged arbitrary arrest and detention of a trans woman and LGBTIQ human rights defender)
- Guatemala (the situation of migrants in caravans, heading for Mexico and the US, and in particular with reference to a violent and xenophobic incident against migrants in Tecún Umán, as well as the need for the government to take active measures to protect the human rights of all migrants)
- Lebanon (blocking public networks from accessing Grindr and interferences by security forces in SOGI human rights events)
- Malaysia (investigations into the organisers of a women’s day march under the Sedition Act, and the summoning of an LGBT+ human rights defender)
- Mauritius (physical and verbal assault of members of the LGBT community and of two LGBT human rights defenders)
All the communications have been made by the Independent Expert on SOGI together with other mandate holders.
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Armenia
Executions; freedom of opinion and expression; human rights defenders; sexual orientation and gender identity; violence against women
Information received concerning online harassment and hate speech against woman human rights defender Ms. Lara Aharonian and trans human rights defender Ms. Lilit Martirosyan.
See Reply received
Brunei Darussalam
Executions; religion or belief; sexual orientation and gender identity; torture; violence against women; women in law and in practice
Information received concerning the criminalisation of adultery and consensual same sex relations and the imposition of cruel, inhuman and degrading punishments for such acts, including stoning, whipping and amputation.
See Reply received
Egypt
Arbitrary Detention; freedom of opinion and expression; freedom of peaceful assembly and of association; human rights defenders; sexual orientation and gender identity; torture; violence against women; women in law and in practice
Information received concerning the alleged arbitrary arrest and detention of transgender woman and LGBTIQ human rights defender, Ms. Malak Al-Kashif.
Guatemala
Food; housing; international solidarity; migrants; racism; sale of children; sexual orientation and gender identity; trafficking in persons
Information received in relation to the situation of migrants in caravans, heading for Mexico and the United States of America, and in particular with reference to a violent and xenophobic incident against migrants in Tecún Umán, as well as the need for the government to take active measures to protect the human rights of all migrants.
See Reply received
Lebanon
Freedom of opinion and expression; human rights defenders; sexual orientation and gender identity
Information received concerning allegations that the Ministry of Telecommunications has issued an order to block public networks from accessing an online dating application called Grindr, which is most commonly used by gay individuals, and information concerning interferences by Lebanese General Security Forces in human rights events related to sexual orientation and gender identity in Lebanon.
Malaysia
Freedom of opinion and expression; freedom of peaceful assembly and of association; human rights defenders; sexual orientation and gender identity; women in law and in practice
Information received concerning investigations into the organisers of a women’s day march in Kuala Lumpur under the Sedition Act, and the summoning of LGBT+ human rights defender Mr. Numan Afifi.
Mauritius
Human rights defenders; sexual orientation and gender identity; violence against women
Information received concerning the physical and verbal assault of members of the LGBT community and of two LGBT human rights defenders associated with the Collectif Arc-En-Ciel, including Ms. Sandrine Julien.
See Reply received
41st Human Rights Council (June 2019)
The Special Procedures latest communications report to the 41st session of the Human Rights Council provides summaries of communications (1 Dec 2018 to 28 Feb 2019), and replies received from governments (1 Feb to 30 Apr 2019).
7 communications related to SOGIESC:
- Tunisia (attempts to impede the exercise of freedom of association by the Shams association)
- Indonesia (discriminatory policy proposals and actions by local government officials in West Java province against LGBT people)
- Russia (allegations of new acts of persecution against people who are or are perceived to be gay, bisexual or lesbian in Chechnya)
- Honduras (threats directed against the human rights defender, Indyra Mendoza)
- Tunisia (obstacles to the registration of Shams, as well as harassment and threats against members of this organization)
- Brazil (follow-up to the communication on the murders of Marielle Franco and her driver)
- Canada (changes to the sexuality education curriculum of the Province of Ontario)
All the communications have been made by the Independent Expert on SOGI together with other mandate holders.
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Tunisia
Freedom of opinion and expression; freedom of peaceful assembly and of association; human rights defenders; sexual orientation and gender identity
Information received concerning attempts to obstruct the exercise of freedom of association by the Shams association.
See Reply received
Indonesia
Health; privacy; sexual orientation and gender identity
Information received concerning discriminatory policy proposals and actions by local government officials in West Java province against LGBT people.
Russia
Arbitrary detention; executions; freedom of opinion and expression; sexual orientation and gender identity; torture; violence against women; discrimination against women in law and in practice
Information received in connection with allegations of new acts of persecution against people who are or are perceived to be gay, bisexual or lesbian in Chechnya.
Honduras
Freedom of opinion and expression; human rights defenders; sexual orientation and gender identity; violence against women; discrimination against women in law and in practice
Information received in relation to threats directed against the human rights defender, Mrs. Indyra Mendoza.
Tunisia
Executions; freedom of opinion and expression; freedom of peaceful assembly and of association; human rights defenders; sexual orientation and gender identity
Information received concerning obstacles to the registration of Shams, as well as harassment and threats against members of this organization.
See Reply received
Brazil
African Descent; executions; foreign debt; freedom of opinion and expression; freedom of peaceful assembly and of association; human rights defenders; poverty; racism; sexual orientation and gender identity; violence against women; discrimination against women in law and in practice
Follow-up to the communication on the murders of Ms. Marielle Franco and her driver.
Canada
Cultural rights; disability; education; freedom of opinion and expression; health; sexual orientation and gender identity; violence against women; discrimination against women in law and in practice
Information received concerning changes to the sexuality education curriculum of the Province of Ontario.
The Ontario Minister of Education announced that in September 2018 the Province’s schools would be returning to teaching a sexuality education curriculum first promulgated in 1998, replacing the one adopted in 2015. The Premier of Ontario declared that any teachers who continued teaching the curriculum of 2015 would be sanctioned.
The differences between the two curriculum include, in particular: discussion in the curriculum of 2015 of differences among people such as sexual orientation and gender identity and the need for acceptance and appreciation of diversity along with further discussion around sexual orientation and gender identity in the curriculum for grades 6-8; and the inclusion of the words “gay”, “lesbian”, “transgender”, and “cyberbullying” that are lacking in the 1998 curriculum.
See Reply received
40th Human Rights Council (February-March 2019)
The Special Procedures latest communications report to the 40th session of the Human Rights Council provides summaries of communications for the period 1 June to 30 November 2018, and replies received from governments until 31 January 2019.
12 communications related to SOGIESC:
- Malaysia (criminalization of consensual sexual relations between adults and the application of punishments for such acts)
- Armenia (homophobic and transphobic hate speech and the violent attacks)
- Kazakhstan (draft by-laws which prohibit the distribution of information on LGBT people to children)
- Honduras (cases of attempted murder, harassment, assault and death threats, theft of security cameras, rape and intimidation and persecution of LGBTI defenders)
- Romania (the use of force against protestors and the constitutional referendum to change the definition of family)
- Kenya (violence, harassment and discrimination LGBT refugees living in Kenya and their arbitrary arrests, detention, and ill-treatment)
- Other actors (violence, harassment and discrimination LGBT refugees living in Kenya and their arbitrary arrests, detention, and ill-treatment)
- Turkey (ban on public LGBTI-related gatherings or events)
- Guatemala (a bill which has serious inconsistencies with international human rights standards affecting in particular the rights of LGBTI people)
- United States (death threats, acts of violence and intimidation, harassment, and discrimination against a transgender activist)
- United States (allegations that a gay man on death row in South Dakota, had been sentenced to death as the result of an anti-gay bias shared by the jurors and inadequate legal assistance offered to him by his counsel)
- Tanzania (infringements on the right to life, the right to freedom of expression, as well as the rights to freedom of peaceful assembly and of association)
All the communications made by the Independent Expert on SOGI together with other mandate holders.
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Malaysia
Sexual orientation and gender identity; torture; violence against women; women in law and in practice
Information received concerning the criminalization of consensual sexual relations between adults and the application of punishments for such acts that are contrary to the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment.
Armenia
Freedom of opinion and expression; human rights defenders; sexual orientation and gender identity
Information received concerning homophobic and transphobic hate speech and the violent attacks on nine people, including Robert Karapetyan, Arayik Beybutyan, Rima Sardaryan, Anna Baghramyan, Elvira Meliksetyan, Hayk Hakobyan, and Anush Gabrielyan, amongst them lesbian, gay, bisexual, trans and intersex (LGBTI) human rights defenders.
Kazakhstan
Freedom of opinion and expression; health; human rights defenders; sexual orientation and gender identity
Information received concerning the drafting of a discriminatory and stigmatizing by-law which prohibits the distribution of information on lesbian, gay, bisexual and transsexual (LGBT) people to children, violating the right of access to information and freedom of expression.
See Reply received
Honduras
Executions; human rights defenders; sexual orientation and gender identity; women in law and in practice
Information received regarding recent cases of attempted murder; harassment, assault and death threats; theft of security cameras; rape and intimidation and persecution of the leader of the trans women’s group Las Muñecas de Arcoíris, and members of the Center for Development and LGBTI Cooperation (“Somos CDC”).
Romania
Freedom of opinion and expression; human rights defenders; sexual orientation and gender identity
Information received concerning the use of force against protestors and the constitutional referendum to change the definition of family, raising concern about the protection for the exercise of fundamental rights in Romania.
See Reply received
Kenya
Arbitrary Detention; health; migrants; sexual orientation and gender identity; torture; water and sanitation
Information received concerning allegations of acts of violence, harassment and discrimination against lesbian, gay, bisexual and transgender (LGBT) refugees living in Kenya and their arbitrary arrests, detention, and ill-treatment. Allegations received also pertain to the lack of access to food and other basic necessities by the refugees while in detention and in Kakuma camp, as well as to the lack of appropriate access to HIV/AIDS-related prevention and care.
Other actors [UNHCR]
Arbitrary Detention; health; migrants; sexual orientation and gender identity; torture; water and sanitation
Information received concerning allegations of acts of violence, harassment, and discrimination against lesbian, gay, bisexual and transgender (LGBT) refugees living in Kenya and their arbitrary arrests, detention, and ill-treatment. Allegations received also pertain to the lack of access to food and other basic necessities by the refugees while in detention and in Kakuma camp, as well as to the lack of appropriate access to HIV/AIDS-related prevention and care.
See Reply received
Turkey
Freedom of opinion and expression; freedom of peaceful assembly and of association; human rights defenders; sexual orientation and gender identity; terrorism
Information received concerning the indefinite ban on public LGBTI-related gatherings or events by the Governor of Ankara.
See Reply received
Guatemala
Health; sexual orientation and gender identity; women in law and in practice
Information received regarding the early adoption of Bill 5272 (Law for the Protection of Life and Family), which has serious inconsistencies with international human rights standards affecting in particular the rights of women, girls and LGBTI people.
United States
Human rights defenders; sexual orientation and gender identity
Information received concerning allegations of death threats, acts of violence and intimidation, harassment, and discrimination against a human rights defender and transgender activist.
United States
Executions; sexual orientation and gender identity
Information received concerning allegations that Mr. Charles Rhines, a gay man on death row in South Dakota, had been sentenced to death as the result of an anti-gay bias shared by the jurors and inadequate legal assistance offered to Mr. Rhines by his counsel.
Tanzania
Arbitrary Detention; executions; freedom of opinion and expression; freedom of peaceful assembly and of association; human rights defenders; sexual orientation and gender identity
Information received concerning allegations of infringements on the right to life, the right to freedom of expression, as well as the rights to freedom of peaceful assembly and of association in Tanzania, indicating a pattern of restrictions to civic space in Tanzania.
The two communications on Brazil and Honduras have been made by a group of mandate holders, including the Independent Expert on sexual orientation and gender identity, and he alone communicated a case on the Republic of Korea. The communication on Russia has been made by four Special Procedures, including the Working Group on discrimination against women and the Special Rapporteur on the right to health.
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Brazil
Executions; housing; human rights defenders; violence against women; African Descent; racism; sexual orientation and gender identity; foreign debt; poverty; women in law and in practice
Information received concerning the killing of Marielle Franco and her driver.
Honduras
Executions; freedom of opinion and expression; sexual orientation and gender identity; torture; violence against women
Information received concerning the recent murder, in Puerto Cortés, of a transgender woman, Jennifer Cristal López (José Denis Ramos Gámes) and a gay man, Jorge Antonio Rodas García.
See Reply received
Republic of Korea
Sexual orientation and gender identity
Information received concerning attempts by some conservative and religious groups in the Republic of Korea to challenge and weaken the protection from discrimination based on sexual orientation and gender identity that exist in the country.
Russian Federation
Disability; freedom of opinion and expression; health; women in law and in practice
Information received concerning the removal of two foster children from the home of Yulia Savinovskih.
See Reply received
39th Human Rights Council (September 2018)
The Special Procedures latest communications report to the 39th session of the Human Rights Council provides summaries of communications for the period 1 March to 31 May 2018, and replies received from governments between 1 May and 31 July 2018.
4 communications related to SOGIESC:
- Brazil (the killing of Marielle Franco and her driver)
- Honduras (the murder of a trans woman and a gay man in Puerto Cortés)
- Republic of Korea (attempts by some conservative and religious groups to challenge and weaken the protection from discrimination based on SOGI that exist in the country);
- Russian Federation (the removal of two foster children from the home of Yulia Savinovskih)
The two communications on Brazil and Honduras have been made by a group of mandate holders, including the Independent Expert on sexual orientation and gender identity, and he alone communicated a case on the Republic of Korea. The communication on Russia has been made by four Special Procedures, including the Working Group on discrimination against women and the Special Rapporteur on the right to health.
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Brazil
Executions; housing; human rights defenders; violence against women; African Descent; racism; sexual orientation and gender identity; foreign debt; poverty; women in law and in practice
Information received concerning the killing of Marielle Franco and her driver. See replies received 1 | 2
Honduras
Executions; freedom of opinion and expression; sexual orientation and gender identity; torture; violence against women
Information received concerning the recent murder, in Puerto Cortés, of a transgender woman, Jennifer Cristal López (José Denis Ramos Gámes) and a gay man, Jorge Antonio Rodas García. See Reply received
Republic of Korea
Sexual orientation and gender identity
Information received concerning attempts by some conservative and religious groups in the Republic of Korea to challenge and weaken the protection from discrimination based on sexual orientation and gender identity that exist in the country.
Russian Federation
Disability; freedom of opinion and expression; health; women in law and in practice
Information received concerning the removal of two foster children from the home of Yulia Savinovskih. See Reply received
38th Human Rights Council (June-July 2018)
The Special Procedures latest communications report to the 38th session of the Human Rights Council provides summaries of communications for the period 1 December 2017 to 28 February 2018, and replies received from governments until 30 April 2018.
4 communications related to SOGIESC:
- Other actors (a policy regarding intersex people);
- Other actors (a policy regarding intersex people);
- Indonesia (arbitrary arrests, detention and ill-treatment of twelve waria, or transgender women, in Aceh province);
- Jordan (blocking of the website by Jordanian authorities in relation to the publication of SOGI information).
The communication on Jordan has been made by the Special Rapporteur of freedom of opinion and expression, the two communications on intersex policies – by the Special Rapporteur on the right to health together with the Special Rapporteur on torture, while the communication on Indonesia – by the Independent Expert on SOGI together with other mandate holders.
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Other actors – American Academy of Pediatrics
Health; torture
Information received concerning a policy regarding intersex people.
Other actors – American Medical Association (AMA) Council on Ethical and Judicial Affairs (CEJA) (a policy regarding intersex people)
Health; torture
Information received concerning a policy regarding intersex people.
Indonesia
Freedom of opinion and expression; human rights defenders; sexual orientation and gender identity; torture; arbitrary detention; internally displaced persons
Information received concerning information we have received concerning the alleged arbitrary arrests, detention and ill-treatment of twelve waria, or transgender women, in Aceh province. See Reply received
Jordan
Freedom of opinion and expression
Information received concerning the blocking of the website of the online magazine “My.Kali” by Jordanian authorities, allegedly in relation to the publication of information about sexual orientation and gender identity. See Reply received
37th UN Human Rights Council (February-March 2018)
The Special Procedures latest communications report to the 37th session of the Human Rights Council provides summaries of communications for the period 1 June to 30 November 2017, and replies received from governments until 31 January 2018.
10 communications related to SOGIESC:
- Egypt (unlawful arrests and detention, as well as incrimination of LGBTI persons and LGBTI defenders, including Mr. Ahmed Alaa and Ms. Sarah Hegazy);
- Azerbaijan (unlawful arrests and detention, torture and ill-treatment of persons perceived to be gay, transgender persons or persons involved in sex work);
- Russia (administrative proceedings against Ms. Evdokia Romanova for “gay propaganda”);
- Haiti (legislative developments related to “good morals” and the protection of family targeting LGBTI);
- Russia (imminent deportation of Uzbek national, Mr. Ali Feruz from Russia to Uzbekistan);
- Chile (adoption of Gender Identity bill by Senate);
- Republic of Korea (arrests interrogations, detentions and prosecutions of soldiers and military personnel perceived to be gay, under the Republic of Korea’s Military Criminal Act);
- Honduras (assassination attempt against LGBTI defender Mr. Osmin David Valle Castillo);
- Singapore (amendments adopted to the Public Order Law, which could significantly restrict the right to freedom of peaceful assembly in the country, including its significant impact on the organization of the annual ‘Pink Dot’ festival);
- Honduras (recent murder of a transsexual woman and an LGBTI rights activist, Ms. Sherlyn Montoya).
All the ten communications were made by the Independent Expert on SOGI together with other mandate holders.