TREATY BODIES: FIVE YEARS OF RESEARCH SHOW INTERNATIONAL LAW INCREASINGLY PROTECTS LGBTI PERSONS’ RIGHTS

ASIA PACIFIC ALLIANCE FOR SEXUAL AND REPRODUCTIVE HEALTH AND RIGHTS (APA),  2020

The United Nations Treaty Bodies are an authoritative source of international law, and have steadily contributed to protecting the human rights of LGBTI persons. A review of their activities in 2017 and 2018, released by ILGA World, shows that references to sexual orientation, gender identity and expression, and sex characteristics (SOGIESC) made by the committees have hit an all-time high.

The report on  United Nations Treaty Bodies: References to Sexual Orientation, Gender Identity, Gender Expression and Sex characteristics’ is a comprehensive annual compilation and analysis of all the SOGIESC references made by nine UN Treaty Bodies (CESCR, HRCtee, CEDAW, CRC, CAT, CRPD, CERD, CMW and CED) in 2018, produced by ILGA.
It investigates the Treaty Bodies’ General Comments (interpretations of the international human rights treaties), Individual Communications (complaints brought by individuals or organisations), Lists of Issues (issues and questions sent to the States parties before the main review) and Concluding Observations (country-specific concerns and recommendations).

In 2018, Treaty Bodies made a record high of 138 SOGIESC references and recommendations. This is more than 2.5 times growth from 2014, and active participation of CS groups was one of the important factors contributing to this.  

How did Asia Pacific countries fare?   Here’s all the AP countries under review in 2018, by treaty. 

Highlighted countries received recommendations on LGBTI and/or had civil society reports that mentioned LGBTI :

·         2018 Committee on Economic Social and Cultural Rights :  Bangladesh, New Zealand (read more on p22)

·         2018 Human Right Committee (ICCPR) : Lao 

·         2018 Committee on the Elimination of Discrimination against Women:  Australia, Cook Islands, Fiji, Lao, Malaysia, Nepal , New Zealand, R of Korea, Samoa  (read more on p. 44)

·         2018 Committee on the Rights of the Child:  Lao, Marshall Islands, Palau, Solomon Islands, Sri Lanka (read more on p 57)

·         2018 Committee Against Torture:  [Canada*], Maldives, Russia,  Viet Nam, (read more on p 64)

·         2018 Committee on the Rights of Persons with Disabilities: Nepal, Philippines, Russia (read more on p 73)

·         2018 Committee on the Elimination of Racial Discrimination: China, Iraq, Japan, Nepal, R of Korea  (read more on p 80)

·         2018 Committee on Migrant Workers:

·         2018 Committee on Enforced Disappearances:  Japan (read more on p 90)

NOTE: Central Asia was not included in the above listing. Canada was included as there is a member organisation there.

 

Share Button