This report documents progressive initiatives and good practices of national human rights institutions (NHRIs) and other human rights advocacy bodies in Bangladesh, India, Indonesia, Nepal, the Philippines, Sri Lanka and Timor-Leste to protect and promote the rights of these highly marginalized individuals. Building upon the recommendations of the Global Commission on HIV and the Law and the Yogyakarta Principles, the report is an outcome of national processes which brought together NHRIs and lesbian, gay, bisexual, transgender and intersex (LGBTI) communities in a series of national dialogues to boost cooperation and understanding.
It concludes that:
- In much of Asia, SOGI-related stigma and discrimination strips people of their rights and excludes them from mainstream health programs, public services, and economic opportunity. Stigma and discrimination also have the effect of increasing the acceptability and incidence of violence perpetrated against men and women of diverse SOGI and transgender people. Under these circumstances people of diverse SOGI face ongoing and dehumanizing harm, humiliation and exclusion. Driven underground, people of diverse SOGI are denied the ability to live productive lives as contributing and engaged members of society. Deep set socio-cultural prejudices are exacerbated by punitive and discriminatory legal frameworks, criminalization of same-sex sexual relations in a number of jurisdictions, and law enforcement practices. As independent institutions positioned between civil society organizations and State institutions, NHRIs are well placed to advocate for action to address SOGI-related stigma and discrimination. This independence also means NHRIs have the capacity to facilitate strategic collaboration between actors, while emphasizing international human rights obligations.
- Notwithstanding significant progress in the recognition of rights at an international level, sexual orientation and gender identity remains a sensitive and challenging area of human rights. This must be changed, for the purposes of creating an equal and fair society in which individuals realize their potential and are protected from violence and discrimination. Strengthening the human rights protections for people of diverse SOGI is also essential for public health reasons. The protection of human rights is a key component of an enabling legal environment, which in turn is considered critical to the response to HIV. Rights violations, stigma and discrimination significantly impede upon access to health care services (prevention, treatment, care and support) and the adoption of responsible behavior to prevent HIV transmission.
- In the years following the Yogyakarta Principles and the ACJ Report, we have seen a growing number of initiatives from NHRIs in Asia to tackle the rights violations and discrimination faced by people of diverse SOGI. However, communities of people of diverse SOGI still indicate a lack of understanding of NHRIs processes and capacity to take on SOGI-related issues. This indicates room for increased engagement and commitment to this area by NHRIs. As a result of this Project, NHRIs and NHRI staff have a greater appreciation and understanding of the rights and vulnerabilities of people of diverse SOGI. Through the National Report process and community engagement, participating NHRIs successfully documented their engagement on SOGI and utilized their involvement in the Project to identify institutional capacity and institutional mechanisms through which they could address SOGI-related rights. In Bangladesh, Nepal, Pakistan, Indonesia, the Philippines and Timor-Leste, Project consultations and dialogues also enhanced networks and partnerships between NHRIs and communities of people of diverse SOGI.
- Building institutional capacity and sensitizing NHRI staff: As noted at the beginning at the report, while all participating NHRIs had some institutional exposure to SOGI-related issues, this exposure and learning does not necessarily reach all staff.
- Continuing to engage, liaise with and partner with LGBTI groups and NGOs: This can be done with a view to growing beyond the relationships based on personal ties or linked to specific leaders, to maintaining functioning, institutionally embedded relationships.
- Planning, strategizing and implementing activities designed to utilize the convening and advocacy powers of NHRIs: This may include advocating for LGBTI rights with other State bodies, in particular the police. NHRIs are well positioned to engage with both state and non-state actors.
- Increasing human rights education for LGBTI communities, the broader community and the media: A key part of NHRI mandates, human rights education contributes to broader acceptance of the principles of equality, non-discrimination, and universality of rights.
Looking forward, it is important that NHRIs maintain momentum. Based on the findings from the community survey, the National Reports and in-country engagement, priority should be given to the following areas: