UPR 12th session recommendations relating to Sexual orientation & gender identity

Published: October 20, 2011

Summary
Tajikistan
Comments: Canada expressed concern at incident of illegal detention and blackmailing of LGBT
persons. There were no recommendations on SOGI issues.
Response: Tajikistan noted that they are working on transgender issues.
Tanzania
Recommendations: include sexual orientation and gender identity as grounds for protection in
all anti-discrimination legislation and policy; repeal provisions that criminalise consensual
relations between adults of the same gender.
Response: Rejected.
Antigua and Barbuda
Recommendations: Adopt policy and legislative measures to establish a specific framework for
the protection against discrimination based on sexual preference; repeal provisions criminalising
consensual relations between adults of the same sex.
Response: Rejected.
Swaziland
Recommendations: Adopt the necessary political and legislative measures to establish a specific
framework to protect against discrimination on the grounds of sexual orientation; repeal all laws
which criminalise consensual same sex relations; implement public awareness-raising campaigns
on this matter; take all necessary measures to ensure enjoyment of the right to the highest
attainable standard of health, without discrimination on the basis of sexual orientation or gender
identity.
Response: Rejected.
Trinidad and Tobago
Recommendations: Undertake proactive policies to promote the rights of individuals,especially
with regard to their sexual orientation and HIV/AIDS status; Adopt measures so that traditional
stereotypes referring to the roles of men and women in society and family can be overcome;
Increase measures to ensure that violence and discrimination against members of vulnerable
groups, such as women and lesbians, gay, bisexual and transgender persons, are both prevented
and prosecuted.
Response: Accepted.
Recommendations: Repeal provisions which may be used to criminalise consensual relations
between adults of the same sex; adopt legislative and political measures to establish a specific
framework of protection for sexual preference; put in place public awareness raising campaigns
on this matter.
Response: Under consideration until March 2012.
Thailand
Documents: The national report noted that Thailand prohibits discrimination based on sexual
orientation and, under the Constitution, gender identity. However it was noted that rights relating
to gender identity need to be dealt with further. The summary of stakeholders’ information gave
further details on this subject.
Discussions: There were no references to sexual orientation or gender identity during the
Working Group session on Thailand.
Ireland
Recommendations: Deepen the Reform of the law on same sex marriage and change the
concept of traditional family as enshrined in the Constitution; Amend Article 37 of the 1998
Employment Equality Act in order to prevent such discrimination against homosexual and
unmarried parents.
Response: Under consideration until March 2012.
Togo
Recommendations: Amend legislation to ensure that sexual orientation and gender identity are
included as prohibited grounds for discrimination; consider decriminalizing sexual relations
between consenting adults of the same sex; launch public awareness-raising campaigns on this
issue.
Response: Rejected.
Syria
Documents: Stakeholders called on Syria to repeal all provisions which may be applied to
criminalise sexual activity between consenting adults.
Discussions: There were no references to sexual orientation or gender identity during the
Working Group session on Syria.
Venezuela
Recommendations: Continue to consolidate the rights of women and people belonging to
vulnerable groups, including indigenous peoples and persons of diverse sexual orientation and
gender identity, both within its legal framework and in practice.
Response: Accepted.
Iceland
Presentation of national report: Iceland noted that in 2010 Parliament unanimously adopted
legislation providing for a gender-neutral definition of marriage, ensuring the same legal status
 
 
for heterosexual and same-sex married couples. It stated that steps are also being taken to
improve the legal status of transgender people.
Discussions: Brazil, Spain and Israel noted efforts taken by Iceland on issues relating to sexual
orientation and gender identity. However, no recommendations on these issues were made.
Zimbabwe
Recommendations: decriminalise as soon as possible sexual relations between consenting
adults of the same sex.
Response: Rejected.
Lithuania
Recommendations: Refrain from legislative initiatives which may criminalise homosexual
relations between consenting adults; develop public awareness campaigns to combat
manifestations of discrimination against LGBT people; Ensure the full respect for freedom of
expression and freedom of assembly for all, including LGBT people; Take all necessary measures
to prevent and prosecute all forms of violence and harassment related to sexual orientation and
gender identity.
Response: Accepted.
Recommendations: Review the Law on the Protection of Minors against the Detrimental Effect
of Public Information in order to remove all possibilities that this law may be applied in such a
way to stigmatise or discriminate against LGBT people or to breach their rights to freedom of
assembly or expression; Take the necessary legislative measures and enact policies that
recognise the diversity of families and provide same sex couples with the same rights and social
security benefits as heterosexual couples; Repeal any discriminatory provision in existing laws on
sexual orientation and gender identity; Take steps to ensure that legislation protects the full
rights of sexual minorities.
Response: Under consideration until March 2012.
Uganda
Recommendations: Investigate and prosecute intimidation and attacks on LGBT-community
members and activists; Take immediate concrete steps to stop discrimination and assaults
against LGBT persons.
Response: Accepted.
Recommendations: Reject the Anti-Homosexuality Bill and decriminalise homosexual
relationships between consenting adults; Immediately and unconditionally release all persons
currently detained for the reason of homosexuality alone; ensure that no person is subject to
arbitrary arrest or detention because of their sexual orientation or gender identity; an end to the
defamatory and harassing campaigns against the LGBT community; Reconfirm its commitment to
protecting the rights of all persons regardless of their sexual orientation or gender identity in antidiscrimination
and equal opportunity legislation and bodies; Ensure equal rights for all individuals,
regardless of sexual orientation.
Response: Rejected.
Timor Leste
Summary: There were no references to sexual orientation or gender identity during the review of
Timor Leste.
 
 
Moldova
Recommendations: Intensify its efforts to address discrimination against Lesbians, Gays,
Bisexuals and Transsexuals (LGBT), and investigate and prosecute crimes against LGBTcommunity
members; Take action to build broad support for LGBT-rights in the new
comprehensive anti-discrimination law; Allow members of the LGBT communities the right to
freedom of expression and assembly; Ensure that public events planned by the LGBT, religious
and other rights groups are permitted and adequately policed; Continue efforts to adopt and
implement the legislative framework to prevent, punish and eliminate all forms of discrimination,
with special attention to gender equality and discrimination based on sexual orientation and
disability.
Response: Accepted.
Recommendations: Commit internationally to the rights of the LGBT community by signing the
Joint Statement on LGBT human rights from the March 2011 session of the Human Rights Council.
Response: Under consideration until March 2012.
Haiti
Summary: There were no references to sexual orientation or gender identity during the Working
Group review of Haiti, or in the input documents.
Tajikistan
3 October 2011
I. Summary of the proceedings of the review process
B. Interactive dialogue and responses by State under review
53. Canada, while acknowledging the security challenges and budgetary constraints, was
concerned at […] incidents [of illegal detention and blackmailing of] LGBT persons.
The delegation of Tajikistan responded that: “There are documents from persons talking
about transgender persons and we have work on this issue too.”
Tanzania
3 October 2011
I. Summary of the proceedings of the review process
B. Interactive dialogue and responses by State under review
50. Sweden […] noted that the criminalization of sexual minorities contributes to the
stigmatization and vulnerability of LGBT persons.
53. Slovenia […] was concerned that homosexual relations are criminalized.
84. The head of the delegation noted that […] Tanzania has no law on same sex marriage as the
practice of homosexuality goes against its traditional, cultural and religious rights. Homosexuality
is illegal and punishable by law.
II. Conclusions and/or recommendations
87. The recommendations below did not enjoy the support of Tanzania:
 
 
87.1. Commit itself to the protection of the rights of all persons regardless of their sexual
orientation or gender identity in all anti-discrimination and equal opportunity legislation and
bodies (Sweden);
87.2. Adopt political and legislative measures to establish a specific framework for the protection
against discrimination based on sexual preferences accompanied with the elimination of penal
provisions that criminalise consensual relations between adults from the same gender, and the
implementation of public awareness campaigns in this matter (Spain);
87.3. Repeal criminal provisions against persons based on their sexual orientation (Slovenia).
Antigua and Barbuda
4 October 2011
I. Summary of the proceedings of the review process
B. Interactive dialogue and responses by State under review
26. France welcomed the fact that the Universal Declaration of Human Rights was reflected in the
Constitution of Antigua and Barbuda but noted the State was not a party to the whole set of
international human rights instruments. It praised a de facto moratorium on the death penalty
since 1991. France referred to the Criminal Code and the sentencing of homosexual relationships
up to 15 years.
30. Canada addressed the human rights challenges that remained in certain areas such as
protection of juveniles in the legal system, sanctions on private behaviour between consenting
adults and ensuring the rights of minorities, the lack of detention facilities for those under 18 and
the overcrowding […] Canada also referred to the persistence of discrimination and legal
sanctions based on sexual orientation and gender identity.
31. Hungary […] praised the establishment of a human rights desk to combat discrimination
against HIV infected persons but regretted that homosexual acts between consenting adults
continued to be illegal.
35. The delegation [of Antigua and Barbuda] also noted the concerns expressed for
criminalisation under the Sexual Offences Act, which it recognised that the international
community was actually moving away from. It stated that there was no discrimination based on
sexual orientation. Nor were there any particular acts of discrimination against these persons.
Antigua and Barbuda had to be aware and concerned of the society’s leanings and where it stood.
However, it did note have a political mandate to decriminalise those acts. Criminalisation was on
the books as far as the law was concerned, however, it was only in the very rare instances that
the law had actually been enforced. Antigua and Barbuda was, nevertheless, guided by the public
opinion and was not in a position to clearly decriminalise these acts.
42. The United States of America […] remained concerned about the continued criminalisation of
homosexual conduct and the pervasive societal discrimination against LGBT persons. It stressed
that the criminalisation of homosexual conduct exacerbated homophobic attitudes and prevented
LGBT persons from fully participating in society.
48. [The delegation of Antigua and Barbuda stated that in] terms of homosexual conduct, there
was a certain amount of public acceptance, though in a rather silent way. Antigua and Barbuda,
however, did not have a political mandate with respect to changing the law, notwithstanding the
fact that enforcement of those laws was not actually sought. The Government would continue its
efforts on education and information to ensure that the public opinion would in time adopt the
international standards.
 
 
51. The United Kingdom of Great Britain and Northern Ireland […] promoted the culture of
tolerance and inquired about the actions taken to put an end to discrimination against LGBT.
62. The Government [of Antigua and Barbuda] was committed to protecting all members of
society from discrimination, harassment and violence, regardless of their sexual orientation. The
Government’s commitment to protecting all members of the society remained as strong as ever.
II. Conclusions and/or recommendations
69. The recommendations below did not enjoy the support of Antigua and Barbuda:
69.17 Abrogate the provisions criminalising sexual relations between consenting adults of the
same sex (France);
69.18 Eliminate legal sanctions against consensual sex acts between adults in private (Canada);
69.19 Repeal all provisions that may be applied to criminalise sexual activity between consenting
adults, and which are contrary to its commitment to equality and non-discrimination (Hungary);
69.20 Decriminalise homosexual conduct by reforming the penal code so that for the purposes of
prosecution, gross indecency would not apply to private acts between consenting adults (United
States of America);
69.21 Adopt policy and legislative measures to establish a specific framework for the protection
against discrimination based on sexual preference along with the abrogation of criminal provisions
that criminalise consensual relations between adults of the same sex (Spain).
Swaziland
4 October 2011
I. Summary of the proceedings of the review process
B. Interactive dialogue and responses by State under review
44. The United States of America […] called on Swaziland to protect the rights of LGBT people.
49. On sexual orientation, Swaziland advised that to date no one has been prosecuted for sexual
orientation offenses. As the world revolves, Swaziland would look on the possibility to adopt a
policy on the issue.
II. Conclusions and/or recommendations
78. The recommendations below did not enjoy the support of Swaziland:
78.4. Take concrete measures to decriminalise same-sex relations and prevent discrimination
based on marital status and sexual orientation (United States of America);
78.5. Adopt the necessary political and legislative measures to establish a specific framework to
protect against discrimination on the grounds of sexual orientation and repeal all laws which
criminalise homosexual practice, and implement public awareness-raising campaigns on this
matter (Spain);
78.6 Bring its legislation into conformity with its international human rights obligations by
repealing provisions which may be used to criminalise same-sex activity between consenting
adults, and take all necessary measures to ensure enjoyment of the right to the highest
attainable standard of health, without discrimination on the basis of sexual orientation or gender
identity (Portugal).
 
 
Trinidad and Tobago
5 October 2011
I. Summary of proceedings of the review process
A. Presentation by the State under review
9. Regarding the issue of sexual orientation, Trinidad and Tobago explained further that, in a
small society with very conservative values and deep religious traditions, effecting change to
personal attitudes and community values is no easy task. This notwithstanding, it is noteworthy
that in recent debates on the Statutory Authorities (Amendment) Bill, the need to have definitive
deliberations to resolve issues related to the treatment of same sex couples was raised in
Parliament.
B. Interactive Dialogue and responses by the State under review
44. France noted that Trinidad and Tobago was party to a number of international and regional
human rights instruments and that its Constitution recognized fundamental rights and freedoms
[…] It welcomed the establishment of an independent and impartial entity to deal with police
complaint, noting however its mandate remained undefined. France also noted that certain
provisions of the Criminal Code criminalise sexual relations between consenting adults of the
same sex.
49. New Zealand […] suggested that prevention of HIV/AIDS infection becomes easier when
sexual relations between same sex adults are legal.
54. Germany […] noted a initiative for constitutional reform in order to render the death penalty
legally feasible again and expressed concern over the criminalisation of consensual same-sex
relations between adults.
71. On the issue of criminalisation of same sex activity, [the delegation of Trinidad and Tobago] clarified that such laws are not enforced though it was acknowledged that there were very
entrenched views in some sectors of society regarding this matter. Nevertheless a dialogue on
this issue has begun.
72. Regarding immigration laws and sexual orientation and on migrants in general, it was
explained that the immigration laws are being reviewed and it is not yet clear what the result of
this review will be. Moreover a new policy to afford easier access to HIV care and services for
migrants was being developed.
II. Conclusions and/or recommendations
86. The recommendations formulated during the interactive dialogue and listed below enjoy the
support of Trinidad and Tobago:
86.10. Undertake proactive policies to promote the rights of individuals, especially with
regard to their sexual orientation and HIV/AIDS status (Canada).
87. The following recommendations enjoy the support of Trinidad and Tobago which considers
that they are already implemented or in the process of implementation:
87.5. Adopt measures so that traditional stereotypes referring to the roles of men and
women in society and family can be overcome (Uruguay);
87.23. Increase measures to ensure that violence and discrimination against members of
vulnerable groups, such as women and lesbians, gay, bisexual and transgender persons,
are both prevented and prosecuted (United States).
 
 
88. The following recommendations will be examined by Trinidad and Tobago which will provide
responses in due time, but no later than the 19th session of the Human Rights Council in March
2012:
88.48. Repeal as soon as possible the provisions in the Penal Code and particularly articles
13 and 16 of the law on sexual offenses of 1986, penalising sexual relations between
consenting individuals of the same sex (France);
88.49. Repeal all provisions of domestic law that criminalise same sex relations between
consenting adults including the Sexual Offenses Act (New Zealand);
88.50. Repeal all provisions that criminalise consensual same sex relationships between
adults or discriminate against homosexuals (Germany);
88.51. Regarding the situation of LGBT community, adopt legislative and political
measures to establish a specific framework of protection for sexual preference.
Additionally, put in place public awareness raising campaigns on the matter (Spain).
Thailand
5 October 2011
There were no references to sexual orientation or gender identity during the Working Group
session on Thailand. However the following information was provided in the UPR input
documents:
National report
D. Commitments under the international human rights instruments
3. The rights of specific groups
Rights of women
77. Thailand is in the process of drafting a gender equality promotion bill which will not only
protect women from discrimination, but will also prohibit discrimination on the ground of sexual
orientation. It is the intention of the Constitution to prohibit unjust discrimination based on
gender identity, and a person’s sexual orientation is not a crime under Thai law. Nevertheless,
people with gender identity issues still have problems in accessing some basic rights due to
discrimination, which needs to be dealt with further.
Compilation of UN information
B.Implementation of international human rights obligations, taking into account
applicable international humanitarian law
1.Equality and non-discrimination
16. UNCT noted Thailand’s commitment in February 2011 to attain the “Three Zeros” goal of
UNAIDS and indicated that discrimination against and stigmatization of vulnerable groups such
as injecting drug users, sex workers, men who have sex with men, and transgender people
inhibited the ability to reach these populations with prevention effort, and thus increased their
vulnerability to HIV/AIDS. CEDAW referred to the high rate of AIDS affecting women engaged in
prostitution.
Summary of stakeholders’ information
B.Implementation of international human rights obligations, taking into account
applicable international humanitarian law
4.Right to privacy
40. JS5 and JS9 was concerned that there was no legislation recognizing sex change and samesex
marriages, resulting in discrimination against homosexual couples in regard to inheritance,
immigration, child custody, social security benefits, health and pension schemes. According to
 
 
JS5, as all male-born citizens were required to present military discharge documents with their
job applications, transgender people had difficulties getting employment, due to "mental illness"
being stated as the reason for their discharge. ERT urged the Government to take steps to
adopt comprehensive anti-discrimination legislation and policies, which JS9, JS10 and JS5
recommended should implement the requirements of ICCPR, including for recognition of
changed “sex” for transsexuals and same-sex relationships.
Ireland
6 October 2011
I. Summary of the proceedings of the review process
A. Presentation by the State under review
10. [Ireland] reiterated that it was never acceptable for any government to treat national or
religious or ethnic minorities as inferior; or to discriminate against women generally or gay men
or gay women; or to discriminate against children and to fail to recognise their vulnerability; or to
exclude disabled persons from inclusion; or to repress freedom of expression because it feared or
disagreed with the speakers’ opinion or where such opinion constitutes incitement to hatred.
B. Interactive dialogue and responses by the State under review
76. Switzerland noted that Irish legislation prohibits discrimination against employees;
nevertheless certain medical, religious and educational institutions are entitled to turn down
application forms from homosexual and unmarried people.
II. Conclusions and/or recommendations
106. The following recommendations will be examined by Ireland which will provide responses in
due time, but no later than the 19th session of the Human Rights Council in March 2012:
106.44. Deepen the Reform of the law on same sex marriage and change the concept of
traditional family as enshrined in the Constitution (Spain);
106.45. Amend Article 37 of the 1998 Employment Equality Act in order to prevent such
discrimination against homosexual and unmarried parents (Switzerland).
Togo
6 October 2011
I. Summary of the proceedings of the review process
B. Interactive dialogue and responses by the State under review
38. Canada welcomed the decriminalisation of press crimes, abolishment of the death penalty,
law on rape, decreased education fees, awareness-raising on sexual and reproductive health, and
the establishment of the Truth, Justice and Reconciliation Commission, recently mandated to
investigate into allegations of torture. Concern was expressed at domestic violence, the
criminalisation of consensual sexual relations between adults of the same sex, the limited
representation of minorities in civil service, the conduct of law enforcement personnel, violence
against children and child abuse.
47. Australia […] urged Togo to decriminalise homosexuality.
64. [La délégation du Togo a déclaré que] le Togo n’est pas prêt à légiférer sur la question de
l’homosexualité, d’autant plus que les homosexuels ne subissent aucune discrimination. Une
législation pourrait par ailleurs être contre-productive au vu de l’état d’esprit de la population.
II. Conclusions and/or recommendations
 
 
103. The recommendations below did not enjoy the support of Togo:
103.7. Amend legislation to ensure that sexual orientation and gender identity are
included as prohibited grounds for discrimination (Canada);
103.8. Strengthen the measures aimed at prohibiting discrimination based on sexual
orientation (Argentina);
103.9. Repeal legislation criminalising homosexuality, and introduce policies aimed at
ending discrimination against homosexuals (Australia);
103.10. Consider decriminalizing sexual relations between consenting adults of the same
sex (Brazil);
103.11. With respect to the situation of the rights of Lesbian, Gay, Bisexual and
Transgender people, adopt policy and legislative measures to establish a specific
framework for the protection against discrimination based on sexual orientation, together
with the suppression of penal provisions which criminalise sexual relations between
consenting adults of the same sex and; launch public awareness-raising campaigns on this
issue (Spain).
Syrian Arab Republic
7 October 2011
There were no references to sexual orientation or gender identity during the Working Group
session on Syria. However the following information was provided in the UPR input documents:
Summary of stakeholders’ information
B. Implementation of international human rights obligations, taking into account
applicable international humanitarian law
1. Equality and non-discrimination
15. AI recommended abolishing articles in the Penal Code which discriminate against individuals
on the basis of their sexual orientation or identity.
4. Right to privacy, marriage and family life
31. ARC International and ILGA (JS4) mentioned that according to the Penal Code of 1949, any
“unnatural” sexual intercourse shall be punished with a term of imprisonment of up to three
years. JS4 called on Syria to bring its legislation into conformity with its commitment to equality
and non-discrimination, and international human rights obligations, by repealing all provisions
which may be applied to criminalise certain sexual activity between consenting adults.
Venezuela
7 October 2011
II. Conclusions and/or recommendations
94. The following recommendations enjoy the support of the Bolivarian Republic of Venezuela,
which considers that they are already implemented or in the process of implementation:
94. 11. Continue to consolidate the rights of women and people belonging to vulnerable
groups, including indigenous peoples and persons of diverse sexual orientation and gender
identity, both within its legal framework and in practice (Canada).
 
 
Iceland
10 October 2011
I. Summary of the proceedings of the review process
A. Presentation of the State under review
15. Despite difficult times, the Government has taken important steps to improve the rights of
individuals and groups. For example, in 2010 Parliament unanimously adopted legislation
providing for a gender-neutral definition of marriage, ensuring the same legal status for
heterosexual and same-sex married couples. Important steps are also being taken to improve the
legal status of transgender people. However, equal legal status does not ensure equality.
B. Interactive dialogue and responses by the State under review
35. Brazil […] noted progress made in the area of gender equality. It also commended recent
legislation removing legal impediments to same sex marriages, and strengthening the
independence of the judiciary and freedom of expression.
49. Spain noted steps taken by Iceland to recognise same sex marriage and to grant the judiciary
greater independence […] 58. Israel noted efforts made by Iceland regarding education, health care, child care, gender
equality, LGBT rights, and the rights of persons with disabilities. Noting information given in the
national report regarding challenged faced by Iceland due to the financial crisis, Israel raised
concerns about the rights of vulnerable groups.
Zimbabwe
10 October 2011
II. Conclusions and/or recommendations
95. The recommendations below did not enjoy the support of Zimbabwe:
95.17. Ensure equality between men and women, including in parents’ rights and property
rights as well as decriminalise as soon as possible sexual relations between consenting
adults of the same sex and repeal the 2006 law (France).
Lithuania
11 October 2011
I. Summary of the proceedings of the review process
B. Interactive dialogue and responses by the State under review
25. Norway […] was concerned at the negative attitudes in the population towards minorities, in
particular sexual minorities. Norway was pleased that Lithuania expanded the mandate of the
Ombudsperson beyond gender equality, but it was concerned at the leverage of human rights
institutions.
27. Sweden welcomed the opportunity to continue the dialogue with Lithuania. Considering some
reports of crimes committed towards Lesbian, Gay, Bisexual and Transgender (LGBT) persons,
Sweden asked Lithuania what measures will take to strengthen their rights and how can the Law
be refined to avoid discrimination of LGBT persons.
 
 
33. Belgium stated that new amendments to the Law on the Protection of Minors ag

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