Equality and freedom from discrimination are universal rights, yet in the Asia Pacific, lesbian, gay, bisexual, trans and intersex (LGBTI) people often face extreme violence, harassment, and exclusion simply because of who they are.
This includes extra-judicial killing, torture, rape, arbitrary detention, unfair trials and, in the case of women, forced pregnancy and forced marriage. They face exclusion and discrimination in relation to work, education and accessing health and housing services.
People who are gender diverse can also face barriers getting legal recognition of their sex in official documents and government records.
Representatives from NHRIs and civil society groups describe the challenges facing LGBTI people and the need to establish strong partnerships to better advocate for their rights.
NHRIs in the Asia Pacific region are strong advocates for the rights of all people, regardless of sexual orientation, gender identity or sex characteristics. Guided by the Yogyakarta Principles, they conduct vital research, push for legal reforms, and investigate human rights abuses.
Their work also involves forging strong partnerships with LGBTI organisations to amplify their impact.
On the international stage, NHRIs draw attention to the rights of LGBTI people in their reports to human rights treaty bodies, the Universal Periodic Review and other UN bodies.
The APF-UNDP manual explores how NHRIs can work with lesbian, gay, bisexual, transgender and intersex communities and better advocate for their rights
Read more Read more about Promoting and Protecting Human Rights: Sexual Orientation, Gender Identity and Sex Characteristics
The rights of people of diverse sexual orientation, gender identity and sex characteristics are increasingly being given greater attention through the international human rights system.
NHRIs are also raising the issue at the UN Human Rights Council and in their reports to the human rights treaty bodies and the Universal Periodic Review.
For example, NHRIs have made joint statements to the Human Rights Council on ending acts of violence and related human rights violations based on sexual orientation and gender identity in 2019, 2014, 2013, 2012 and 2011.
The commitment of APF member institutions to counter human rights violations based on sexual orientation and gender identity was acknowledged in a statement to the 16th Session of the Human Rights Council in March 2011.
The statement – co-sponsored by Colombia, the Czech Republic, Ireland, the Netherlands and the United States – referred to the positive steps being taken by the APF on these "sensitive" issues, alongside the actions of inter-governmental regional mechanisms in Africa and the Americas.
Human Rights, Sexual Orientation and Gender Identity, (HRC/RES/17/19) introduced by South Africa, adopted by vote (June 2011).
Ending Acts of Violence and Related Human Rights Violations based on Sexual Orientation and Gender Identity, delivered by Colombia on behalf of 85 States, UN Human Rights Council (March 2011).
Human rights violations based on sexual orientation and gender identity, delivered by Norway on behalf of 54 States, Human Rights Council (December 2006)
Recommendations on promoting the rights of people of diverse sexual orientation and gender identity have consistently been made to States through the Universal Periodic Review.
In May 2009, the UN Committee on Economic, Social and Cultural Rights adopted a General Comment on Non-Discrimination, which provided a clear affirmation that discrimination on the grounds of sexual orientation was prohibited under the International Covenant.
It also affirmed that gender identity was one of the prohibited grounds of discrimination – the first time that gender identity had been explicitly recognised by a treaty body in a General Comment as a prohibited ground of discrimination in international law.
