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                             UN HUMAN RIGHTS COUNCIL
                      Universal Periodic Review – Eleventh Session

                SUGGESTED RECOMMENDATIONS ON
                HUMAN RIGHTS ISSUES RELATED TO
            SEXUAL ORIENTATION AND GENDER IDENTITY
All documents referred to can be found on the respective                      country    pages    at:
http://www.ohchr.org/EN/HRBodies/UPR/Pages/Documentation.aspx.


                                           Summary
                          (see detailed interventions below, from page 4)

Belgium:

Key Issues/Recommendations: welcome Belgium‟s support for sexual orientation and gender
identity issues, and recommend that Belgium a) review the report of the Institute for the Equality
of Women and Men (titled “Being Transgender in Belgium”) with a view to implementing relevant
recommendations and conclusions; b) ensure that no-one is required to undergo medical
procedures such as sex reassignment surgery, sterilisation or hormone treatment in order to meet
legal criteria for recognition of their self-defined gender identity; c) take all appropriate action,
including programmes of education and training, with a view to achieving the elimination of
prejudice and discrimination based on sexual orientation and gender identity, and explicitly
include gender identity and expression as a ground in antidiscrimination laws and policies; and d)
apply the Yogyakarta Principles as a guide to policy development.

Denmark:

Key Issues/Recommendations: welcome Denmark‟s support for sexual orientation issues, and
recommend that Denmark: a) amend the Children‟s Act to reflect the diversity of families and
thus to ensure equal rights to all children born in Denmark; b) adjust the laws regarding legal
recognition of preferred gender to comply with recommendations from human rights bodies,
including legal recognition of gender without the requirement of sex reassignment, freedom to
take a name of one‟s choice regardless of gender indicated by the name, and freedom to decide to
have an „X‟ as gender specification in the passport; c) end the use of gender-identifying personal
identification numbers; d) recognize gender identity as a ground for discrimination, and; e) apply
the Yogyakarta Principles as a guide to policy development.

Palau:

Key Issues/Recommendations: welcome Palau‟s support for the joint statement on ending
violence, criminal sanctions and related human rights violations based on sexual orientation and
gender identity, and recommend that Palau repeal provisions that criminalise sexual relations
between consenting adults of the same sex.
Somalia:

Key Issues/Recommendations: recommend that a) Somalia ensure the death penalty may not
be applied to same-sex conduct between consenting adults; b) consideration be given to
reviewing these provisions of the Penal Code to ensure that they are not interpreted or applied so
as to criminalize sexual activity between consenting adults.

Seychelles:

Key Issues/Recommendations: welcome Seychelles‟ support for the joint statement on ending
violence, criminal sanctions and related human rights violations based on sexual orientation and
gender identity, and recommend that Seychelles bring its Criminal Code into conformity with its
international commitments to equality and non-discrimination by taking appropriate steps to
ensure that same-sex activity between consenting adults is not subject to criminal sanctions.

Solomon Islands:

Key Issues/Recommendations: recommend that the Solomon Islands bring its legislation into
conformity with its international human rights obligations, by repealing provisions which
criminalise sexual activity between consenting adults.

Latvia:

Key Issues/Recommendations: welcome positive commitments, and recommend that Latvia a)
implement the recommendation of the Committee against Torture to intensify efforts to combat
discrimination and ill-treatment against vulnerable groups, including on the grounds of sexual
orientation and gender identity, ensure investigations into all such motivated acts and prosecute
and punish perpetrators with appropriate penalties; b) recognize homophobic and transphobic
motivation as an aggravating circumstance in criminal sentencing, and prohibit hate speech and
incitement to violence on these grounds; c) ensure that transgender persons may change their
name and obtain identity and personal documents reflecting their self-defined gender identity in
accordance with clear and non-discriminatory policies; d) recognise the diversity of family forms in
its legislation and policies and ensure that children of LGBT parents are not discriminated against;
e) ensure that the rights to freedom of expression and assembly, including for sexual minorities,
are safeguarded, actively combat all forms of intolerance, provide for the security and safety of
sexual minorities exercising their right to peaceful assembly, ensure the right to freedom of
association without discrimination for those seeking to develop organisations to address these
issues; and f) ensure that education methods, curricula and resources serve to enhance
understanding of and respect for, inter alia, diverse sexual orientations and gender identities.

Sierra Leone:

Key Issues/Recommendations: welcome Sierra Leone‟s support for the joint statement on
ending violence, criminal sanctions and related human rights violations based on sexual
orientation and gender identity, and recommend repeal of all provisions which may be applied to
criminalise sexual activity between consenting adults.

Singapore:

Key Issues/Recommendations: repeal all provisions which may be applied to criminalise
sexual activity between consenting adults; take all necessary legislative, administrative and other
measures to ensure the rights to peacefully organise, associate, assemble and advocate around
issues of sexual orientation and gender identity, and ensure that groups may not be denied
registration because of discrimination on the basis of sexual orientation and gender identity.

Suriname:

Key Issues/Recommendations: recommend that Suriname equalise the age of consent for
opposite and same-sex conduct, and adopt appropriate legislative and other measures to prohibit

                                                                                                  2
discrimination on the basis of sexual orientation and gender identity; further recommend that
Suriname consider applying the Yogyakarta Principles on the Application of International Human
Rights Law in relation to Sexual Orientation and Gender Identity as a guide to assist in policy-
making in this area.

Greece:

Key Issues/Recommendations: acknowledge positive commitments and recommend that
Greece: include gender identity and expression as grounds for protection in anti-discrimination
laws and policies; implement public education and awareness programs on grounds including
sexual orientation and gender identity, including sensitivity training for police and other relevant
authorities; prohibit incitement to hatred and violence on these grounds; provide same-sex
partners with equal rights and responsibilities as opposite-sex partners; and consider applying the
Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual
Orientation and Gender Identity as a guide to assist policy-making in this area.

Samoa:

Key Issues/Recommendations: welcome Samoa‟s support for the joint statement on ending
acts of violence, criminal sanctions and related human rights violations based on sexual
orientation and gender identity; recommend that Samoa: repeal all provisions which may be
applied to criminalise sexual activity between consenting adults; adopt appropriate legislative and
other measures to include sexual orientation and gender identity in equality and non-
discrimination laws and programmes; and consider applying the Yogyakarta Principles on the
Application of International Human Rights Law in relation to Sexual Orientation and Gender
Identity as a guide to assist in policy-making in this area.

Saint Vincent and the Grenadines:

Key Issues/Recommendations: welcome measures described in the National Report to bridge
the gap between HIV prevention and support services and at-risk groups such as men who have
sex with men and sex workers; recommend that Saint Vincent and the Grenadines implement the
2008 recommendation of the UN Human Rights Committee to repeal section 146 of the Criminal
Code criminalising sexual relations between consenting adults of the same sex.

Sudan:

Key Issues/Recommendations: recommend that Sudan ensure the death penalty may not be
applied to adults engaging in consensual sexual relations; consider reviewing the Penal Code to
ensure that sexual activity between consenting adults is not criminalised.

Hungary:

Key Issues/Recommendations: welcome positive steps and recommend that hate crimes laws
prohibit incitement to hatred and violence directed against persons for discriminatory reasons,
including on grounds of sexual orientation or gender identity; that public education and awareness
campaigns be implemented to promote tolerance and respect on grounds including sexual
orientation and gender identity, including sensitivity training for police and other relevant officials;
and that the Yogyakarta Principles be applied to assist in policy-making.

Papua New Guinea:

Key Issues/Recommendations: recommend that Papua New Guinea: repeal provisions which
may be applied to criminalize sexual activity between consenting adults of the same sex; ensure
that all sexual and reproductive health education, prevention, care and treatment programmes
and services respect the diversity of sexual orientations and gender identities, and are equally
available to all without discrimination; and that sensitivity training on these grounds be provided
to relevant authorities, including law enforcement and judicial officers.

                                                                                                      3
                                           Belgium
                                Date of review: Monday, 2 May, AM

Key Issues/Recommendations: welcome Belgium‟s support for sexual orientation and gender
identity issues, and recommend that Belgium a) review the report of the Institute for the Equality
of Women and Men (titled “Being Transgender in Belgium”) with a view to implementing relevant
recommendations and conclusions; b) ensure that no-one is required to undergo medical
procedures such as sex reassignment surgery, sterilisation or hormone treatment in order to meet
legal criteria for recognition of their self-defined gender identity; c) take all appropriate action,
including programmes of education and training, with a view to achieving the elimination of
prejudice and discrimination based on sexual orientation and gender identity, and explicitly
include gender identity and expression as a ground in antidiscrimination laws and policies; and d)
apply the Yogyakarta Principles as a guide to policy development.

Sample Intervention: We commend Belgium for its efforts to combat discrimination based on
sexual orientation and gender identity, at both domestic and international levels. As noted in the
national report, discrimination persists on these grounds, and we understand from stakeholders
that transgender persons in particular continue to face violence, discrimination and impediments
to legal recognition.

The National Report highlights the role of the Institute for the Equality of Women and Men in
addressing transgender and transsexual issues. The Institute has recently issued a report urging
specific legislative and policy changes in order to better address the human rights of transgender
persons. We therefore recommend that the government review the report of the Institute (titled
“Being Transgender in Belgium”) with a view to implementing relevant recommendations and
conclusions.

Specifically, we recommend that Belgium ensure that no-one is required to undergo medical
procedures such as sex reassignment surgery, sterilisation or hormone treatment in order to meet
legal criteria for recognition of their self-defined gender identity.

We further recommend that Belgium take all appropriate action, including programmes of
education and training, with a view to achieving the elimination of prejudice and discrimination
based on sexual orientation and gender identity, and explicitly include gender identity and
expression as a ground in antidiscrimination laws and policies.

Finally, we recommend that Belgium apply the Yogyakarta Principles on the Application of
International Human Rights Law in relation to Sexual Orientation and Gender Identity as a guide
to policy development.

NATIONAL REPORT

V. Key national priorities, initiatives and commitments
D. Equality between women and men, gender-related discrimination and violence
against women
75. Legislation against various forms of discrimination underwent far-reaching reforms in 2007
and 2008 at all levels of power in order to improve the protection of persons.57 Sexual
discrimination, including on grounds of pregnancy, maternity, childbirth and gender reassignment,
in addition to incitement to discrimination, are punishable under civil and criminal law.

F. Action to combat discrimination based on sexual orientation and gender identity
82. Numerous legislative advances have been made in Belgium with regard to action to combat
discrimination on grounds of sex, gender identity and sexual orientation, including the adoption of
two anti-discrimination laws in May 2007 and the Act of 25 February 2003, in addition to the Act
of 13 February 2003 legalizing marriage between persons of the same sex and the Act of 18 May

                                                                                                   4
2006 legalizing adoption by persons of the same sex. Furthermore, the Transsexuality Act of 10
May 2007 provides for the right to officially amend the registered forename and sex and simplifies
the associated formalities.

83. Belgium also supports efforts to promote and protect the rights of homosexual, bisexual and
transsexual persons at the European and international level. It has followed work on the new
Council of the European Union draft directive on goods and services closely for a number of years.
In March 2010, it also participated in the drafting and adoption of the Council of Europe
recommendation on measures to combat discrimination on grounds of sexual orientation or
gender identity. In December 2008, it also supported the United Nations General Assembly
declaration on that same subject.

84. Two public institutions are competent to deal with cases of discrimination, namely, the
Institute for the Equality of Women and Men (transgender and transsexual issues) and the Centre
for Equal Opportunity and Action to Combat Racism (lesbian, gay and bisexual issues).

85. In the basis of the above, one might think that sexual orientation and gender identity were no
longer criteria for differentiation in Belgian society. However, the Institute and the Centre register
numerous reports of discriminatory incidents related to sex and gender orientation, and these
reports show only part of the picture. Lesbians, gays, bisexuals and transsexuals also have a
highly-developed network of organizations that is supported by public authorities. Above all, these
organizations serve to disseminate information, raise awareness and provide psychosocial
support. Some are also anti-discrimination focal points.


                                          Denmark
                                Date of review: Monday, 2 May, PM

Key Issues/Recommendations: welcome Denmark‟s support for sexual orientation issues, and
recommend that Denmark: a) amend the Children‟s Act to reflect the diversity of families and
thus to ensure equal rights to all children born in Denmark; b) adjust the laws regarding legal
recognition of preferred gender to comply with recommendations from human rights bodies,
including legal recognition of gender without the requirement of sex reassignment, freedom to
take a name of one‟s choice regardless of gender indicated by the name, and freedom to decide to
have an „X‟ as gender specification in the passport; c) end the use of gender-identifying personal
identification numbers; d) recognize gender identity as a ground for discrimination, and; e) apply
the Yogyakarta Principles on the Application of International Human Rights Law in relation to
Sexual Orientation and Gender Identity as a guide to policy development.

Sample Intervention: We commend Denmark for its laws to combat discrimination on grounds
including sexual orientation and recommend that all necessary legislative, administrative and
other measures are taken to ensure that no person is discriminated against on the basis of either
gender identity or sexual orientation. Specifically, stakeholders have noted that there are
discrepancies in laws relating to citizenship of children born to a parent in a same-sex
relationship, and have expressed concerns at obstacles to obtaining identity documents that
reflect one‟s self-defined gender identity.

We therefore further recommend that Denmark: a) amend the Children‟s Act to reflect the
diversity of families and thus to ensure equal rights to all children born in Denmark; b) adjust the
laws regarding legal recognition of preferred gender to comply with recommendations from human
rights bodies, including legal recognition of gender without the requirement of sex reassignment,
freedom to take a name of one‟s choice regardless of gender indicated by the name, and freedom
to decide to have an „X‟ as gender specification in the passport; c) end the use of gender-
identifying personal identification numbers; d) recognize gender identity as a ground for
discrimination, and; e) apply the Yogyakarta Principles on the Application of International Human
Rights Law in relation to Sexual Orientation and Gender Identity as a guide to policy development.

                                                                                                    5
NATIONAL REPORT

III. Implementation of human rights in Denmark
B. Equal treatment and non-discrimination

2. Homosexuals
24. In 1989 Denmark made it possible for two people of the same sex to register their
partnership. At that time, a registered partnership largely had the same legal effect as a marriage,
except in relation to the legislation on fatherhood in respect of certain aspects of adoption and
shared parental responsibility. The rules were changed in 2010 so that registered partners would
be able to adopt a child and be given or have the parental responsibility for a child transferred to
them according to the same rules as apply for spouses. When adopting children from other
countries, it is, however, a prerequisite that the country of origin agrees to adopt children to
registered partners.

25. In Denmark a registered partnership can only be entered into by means of a civic authority
ceremony. At the request of the Minister for Ecclesiastical Affairs, the Danish National Church has
initiated a debate on whether it should be possible to enter into a registered partnership by means
of a church service.

5. Racism and ethnic discrimination
32. Under section 266 b of the Criminal Code, it is a punishable offence, publicly or with the
intention of wider dissemination, to make a statement or impart other information by which a
group of people are threatened, insulted or degraded on account of race, skin colour, national or
ethnic origin, religion or sexual inclination. A violation of this provision is punishable by prison up
to two years.

33. According to the Racial Discrimination Act, anyone who, within a commercial or charitable
enterprise, refuses to serve a person on the same terms as others on account of the person‟s
race, skin colour, national or ethnic origin, religion or sexual inclination is liable to a fine or prison
up to six months. Anyone who, for one of the abovementioned reasons, refuses to give a person
access on the same terms as others to a venue, performance, exhibition, meeting or similar event
open to the public is liable to the same punishment.

D. Judicial reform
131. On March 1st 2010 the Faroese authorities assumed legislative and executive powers with
regards to the Penal Code. Prior to the assumption of power the penal code was revised. These
revisions involved inter alia that the penalty for a number of violent crimes was increased and it
contains new provisions that makes female genital mutilation a criminal offence. Furthermore,
new provisions also make all involvement in the trafficking of human beings a criminal offence. In
2007, Section 266 B of the Faroese Penal Code was amended so that it is now prohibited to
discriminate on the basis of sexual orientation.

SUMMARY OF STAKEHOLDERS’ INFORMATION

II. Promotion and protection of human rights on the ground
B. Implementation of international human rights obligations, taking into account
applicable international humanitarian law

1. Equality and non-discrimination
23. JS4 reported that there was a lack of recognition of same-sex couples with children in
administrative practices concerning children.

4. Right to privacy, marriage and family life


                                                                                                        6
49. JS4 also reported that Denmark required hormonal or surgical sex reassignment before legal
recognition of gender identity was possible. JS4 expressed concerns at the fact that gender was
indicated in the identification number that each individual was given. JS4 recommended that
Denmark amend its legislation towards legal recognition of gender without sex reassignment,
freedom to take a name of own choice regardless of gender indicated by the name, and freedom
to decide to have an „X‟ as gender specification in the passport.



                                            Palau
                               Date of review: Tuesday, 3 May, AM

Key Issues/Recommendations: welcome Palau‟s support for the joint statement on ending
violence, criminal sanctions and related human rights violations based on sexual orientation and
gender identity, and recommend that Palau repeal provisions that criminalise sexual relations
between consenting adults of the same sex.

Sample Intervention: We welcome the commitment of Palau to principles of equality and non-
discrimination. We particularly commend the Government of Palau for voting in favour of the
inclusion of a reference to sexual orientation in the recent General Assembly resolution on
extrajudicial executions, and for its support of the recent joint statement on ending acts of
violence, criminal sanctions and related human rights violations based on sexual orientation and
gender identity, delivered last month to the Human Rights Council on behalf of 85 States. We note
that Article 2803 of Palau‟s Penal Code continues to criminalise sexual relations between
consenting adults of the same sex, with a penalty of up to 10 years imprisonment. We therefore
recommend that Palau bring its national legislation into conformity with its commitment to
equality and non-discrimination, by repealing provisions that criminalise sexual relations between
consenting adults of the same sex.

COMPILATION OF STAKEHOLDERS’ INFORMATION

II. Promotion and protection of human rights on the ground
Implementation of international human rights obligations

2. Right to privacy
12. Joint Submission 2 (JS2) recommended that the Human Rights Council, in its upcoming UPR
review, urges Palau to bring its legislation into conformity with its commitment to equality and
non-discrimination, and its international human rights obligations, by repealing all provisions
which may be applied to criminalize sexual activity between consenting adults.



                                         Somalia
                               Date of review: Tuesday, 3 May, PM

Key Issues/Recommendations: recommend that a) Somalia ensure the death penalty may not
be applied to same-sex conduct between consenting adults; b) consideration be given to
reviewing these provisions of the Penal Code to ensure that they are not interpreted or applied so
as to criminalize sexual activity between consenting adults.

Sample Intervention: We note from the information provided by stakeholders that Somalia
maintains criminal sanctions against same-sex activity between consenting adults, as provided for
in articles 409 and 410 of the Penal Code. We further understand that in southern parts of
Somalia, Sharia law may also allow punishing homosexual acts with the death penalty or flogging,
and would ask the delegation to clarify whether this understanding is correct?

The UN General Assembly has held that the death penalty may not be applied for consensual
                                                                                                7
same-sex conduct, and the UN Human Rights Committee has confirmed that laws criminalising
such conduct violate the rights to both privacy and non-discrimination, contrary to articles 17(1)
and 26 of the International Covenant on Civil and Political Rights. The Committee further
considered that these laws “run counter to the implementation of effective education programmes
in respect of HIV/AIDS prevention” by driving marginalised communities underground, a position
supported by UNAIDS. The UN Secretary-General Ban Ki-Moon, the High Commissioner for Human
Rights, and the Executive Director of UNAIDS M. Sidibé, have also called on States to
decriminalise sexual relations between consenting adults.

We therefore recommend that Somalia ensure the death penalty may not be applied to same-
sex conduct between consenting adults. We further recommend that consideration be given to
reviewing these provisions of the Penal Code to ensure that they are not interpreted or applied so
as to criminalize sexual activity between consenting adults.

COMPILATION OF STAKEHOLDERS’ INFORMATION

II. Promotion and protection of human rights on the ground
B. Implementation of international human rights obligations, taking into account
applicable international humanitarian law

4. Right to privacy
39. JS5 stated that Somalia maintained criminal sanctions against sexual activity between
consenting adults of the same sex. JS5 recommended that all laws be brought in conformity with
its international human rights obligations, by repealing all provisions which may be applied to
criminalise sexual activity between consenting adults.



                                       Seychelles
                             Date of review: Wednesday, 4 May, AM

Key Issues/Recommendations: welcome Seychelles‟ support for the joint statement on ending
violence, criminal sanctions and related human rights violations based on sexual orientation and
gender identity, and recommend that Seychelles bring its Criminal Code into conformity with its
international commitments to equality and non-discrimination by taking appropriate steps to
ensure that same-sex activity between consenting adults is not subject to criminal sanctions.

Sample Intervention: We welcome the commitment of the Government of Seychelles to
principles of equality and non-discrimination. We particularly commend Seychelles for its support
of the recent joint statement on ending acts of violence, criminal sanctions and related human
rights violations based on sexual orientation and gender identity, delivered last month to the
Human Rights Council on behalf of 85 States.

In addition, Seychelles notes in its National Report the inclusion of “sexual orientation” as a
ground of non-discrimination in the Employment Act of 1995.

We note that some stakeholders have expressed concern that Section 151 of the Criminal Code
may be used to penalise same-sex activity between consenting adults.

The UN Human Rights Committee has confirmed that such laws violate the rights to both privacy
and non-discrimination, contrary to articles 17(1) and 26 of the International Covenant on Civil
and Political Rights, and “run counter to the implementation of effective education programmes in
respect of HIV/AIDS prevention” by driving marginalised communities underground. The UN
Secretary-General Ban Ki-Moon, the High Commissioner for Human Rights, and the Executive
Director of UNAIDS M. Sidibé, have also called on States to decriminalise sexual relations between
consenting adults.

                                                                                                8
We therefore recommend that Seychelles bring its Criminal Code into conformity with its
international commitments to equality and non-discrimination by taking appropriate steps to
ensure that same-sex activity between consenting adults is not subject to criminal sanctions.

NATIONAL REPORT

II. Background information and the normative and institutional framework guiding the
promotion and protection of human rights

F. The legislation
57. The Employment Act 1995 makes provision for prevention of and redress for discrimination. It
states: “Where an employer makes an employment decision against a worker on the grounds of
the worker’s age, gender, race, colour, nationality, language, religion, disability, HIV status,
sexual orientation or political, trade union or other association, the worker may make a complaint
to the Chief Executive stating all the relevant particulars.”

COMPILATION OF STAKEHOLDERS’ INFORMATION

II. Promotion and protection of human rights on the ground
Implementation of international human rights obligations

2. Right to privacy, marriage and family life

5. JS1 recommended that provisions which maintain criminal sanctions for sexual activity between
consenting adults be repealed. It referred to Section 151 of the Penal Code which establishes,
among others, sanctions for sexual activity “against the order of nature”. JS1 stated further that
provisions against sexual activity between consenting adults have been found to constitute a clear
violation of international human rights law. JS1 referred to, inter alia, the views of the Human
Rights Committee in Toonen v Australia adopted in Mary 1994 as well as the Committee‟s
Concluding Observations on several countries. Also, it was indicated that this position was
consistent with other regional and national jurisprudence.

6. JS1 recommended that Seychelles bring its legislation in conformity with its commitment to
equality and non-discrimination, and its international human rights obligations, by repealing all
provisions which may be applied to criminalise sexual activity between consenting adults of the
same sex.



                                  Solomon Islands
                              Date of review: Wednesday, 4 May, PM

Key Issues/Recommendations: recommend that the Solomon Islands bring its legislation into
conformity with its commitment to equality and non discrimination, and its international human
rights obligations, by repealing all provisions which criminalise sexual activity between consenting
adults.

Sample Intervention: We welcome the Solomon Islands‟ commitment to equality and non-
discrimination. We do note, however, that stakeholders have expressed concern that the Solomon
Islands still maintains criminal sanctions against sexual activity between consenting adults of the
same sex, under Sections 160, 161 and 162 of the Criminal Code.

The UN Human Rights Committee has confirmed that such laws violate the rights to both privacy
and non-discrimination, contrary to articles 17(1) and 26 of the International Covenant on Civil
and Political Rights, and has underlined that such laws “run counter to the implementation of

                                                                                                  9
effective education programmes in respect of HIV/AIDS prevention” by driving marginalised
communities underground. The UN Secretary-General Ban Ki-Moon, the High Commissioner for
Human Rights, and the Executive Director of UNAIDS M. Sidibé, have also called on States to
decriminalise sexual relations between consenting adults.

We therefore recommend that the Solomon Islands bring its legislation into conformity with its
commitment to equality and non-discrimination, and its international human rights obligations, by
repealing all provisions which criminalise sexual activity between consenting adults.


NATIONAL REPORT

[Not yet available]

COMPILATION OF STAKEHOLDERS’ INFORMATION

[Not yet available]



                                            Latvia
                               Date of review: Thursday, 5 May, AM

Key Issues/Recommendations: welcome positive commitments, and recommend that Latvia a)
implement the recommendation of the Committee against Torture to intensify efforts to combat
discrimination and ill-treatment against vulnerable groups, including on the grounds of sexual
orientation and gender identity, ensure investigations into all such motivated acts and prosecute
and punish perpetrators with appropriate penalties; b) recognize homophobic and transphobic
motivation as an aggravating circumstance in criminal sentencing, and prohibit hate speech and
incitement to violence on these grounds; c) take necessary and adequate measures to ensure that
transgender persons may change their name and obtain identity and personal documents
reflecting their self-defined gender identity in accordance with clear and non-discriminatory
policies; d) recognise the diversity of family forms in its legislation and policies and ensure that
children of LGBT parents are not discriminated against; e) ensure that the rights to freedom of
expression and assembly, including for sexual minorities, are safeguarded, actively combat all
forms of intolerance, provide for the security and safety of sexual minorities exercising their right
to peaceful assembly, ensure the right to freedom of association without discrimination for those
seeking to develop organisations to address sexual orientation and gender identity issues; and f)
ensure that education methods, curricula and resources serve to enhance understanding of and
respect for, inter alia, diverse sexual orientations and gender identities.

Sample Intervention: We welcome Latvia‟s commitment to equality and non-discrimination, and
commend it for its support of the recent joint statement on ending acts of violence and related
human rights violations based on sexual orientation and gender identity.

We note from the UN compilation that the Committee against Torture has expressed concern at
acts of violence and discrimination against vulnerable groups, including Roma and members of the
lesbian, gay, bisexual and transgender (LGBT) communities. We recommend that Latvia a)
implement the recommendation of the Committee against Torture to intensify efforts to combat
discrimination and ill-treatment against vulnerable groups, including on the grounds of sexual
orientation and gender identity, ensure investigations into all such motivated acts and prosecute
and punish perpetrators with appropriate penalties.

We also note that the Council of Europe Commissioner for Human Rights and other stakeholders
have indicated a number of potential improvements in legislation and policies to better protect the
rights of LGBT persons. We thus recommend that Latvia: b) recognize homophobic and

                                                                                                  10
transphobic motivation as an aggravating circumstance in criminal sentencing, and prohibit hate
speech and incitement to violence on these grounds; c) take necessary and adequate measures to
ensure that transgender persons may change their name and obtain identity and personal
documents reflecting their self-defined gender identity in accordance with clear and non-
discriminatory policies; d) recognise the diversity of family forms in its legislation and policies and
ensure that children of LGBT parents are not discriminated against; e) ensure that the rights to
freedom of expression and assembly, including for sexual minorities, are safeguarded, actively
combat all forms of intolerance, provide for the security and safety of sexual minorities exercising
their right to peaceful assembly, and ensure the right to freedom of association without
discrimination for those seeking to develop organisations to address sexual orientation and gender
identity issues; and f) ensure that education methods, curricula and resources serve to enhance
understanding of and respect for, inter alia, diverse sexual orientations and gender identities.


UN COMPILATION

II. Promotion and protection of human rights on the ground
B. Implementation of international human rights obligations, taking into account
applicable international humanitarian law

1. Equality and non-discrimination
17. CAT expressed its concern at report of acts of violence against and discrimination of
vulnerable groups, including Roma and members of the lesbian, gay, bisexual and transgender
(LGBT) community. It recommended that Latvia intensify efforts to combat discrimination against
and ill-treatment of vulnerable groups, ensure investigations into all such motivated acts and
prosecute and punish perpetrators with appropriate penalties.

COMPILATION OF STAKEHOLDERS’ INFORMATION

II. Promotion and protection of human rights on the ground
Implementation of international human rights obligations

1. Equality and non-discrimination
15. CoE ECRI was pleased that the Labour Code was amended in 2004 to introduce a clear
prohibition of discrimination. In this respect, Joint Submission 1 (JS1) noted that sexual
orientation was a prohibited ground of discrimination only in the Labour Law. JS1 reported that
recent surveys indicated the extent of the negative attitude of the population against LGBT
people. JS1 recommended that Latvia take all necessary legislative, administrative and other
measures to eliminate and prohibit discrimination on the basis of gender identity in public and
private employment.

16. JS1 and CoE-ECRI reported that racial motivation was introduced into the list of aggravating
circumstance in the Criminal Code in 2006. JS1 recommended that Latvia recognize homophobic
and transphobic motivation as an aggravating circumstance in the criminal law.

2. Right to life, liberty and security of the person
19. JS1 attributed the small number of reported attacks against LGBT people to the fact that such
victims would not risk disclosing their identity by turning to the police or label an attack as a
homophobic hate crime. JS1 recommended that Latvia take all necessary measures to impose
appropriate criminal penalties for violence, threats of violence, incitement to violence and related
harassment, based on the actual or perceived sexual orientation or gender identity of any person
or group of persons and to prevent and provide protection from all forms of violence and
harassment related to sexual orientation and gender identity.

4. Right to privacy, marriage and family life


                                                                                                    11
32. JS1 recommended that Latvia take necessary and adequate measures to make the procedure
for   changing    the    name     and    gender    in   the   personal documents    of   a
transgender/transsexual/intersex person clear and non-bureaucratic.

33. JS1 indicated that the legislation did not recognise same-sex marriage or any other form of
same-sex partnership or cohabitation, nor did it offer legal recognition for the relation between
children and co-parents in LGBT families. JS1 recommended that Latvia recognise the diversity of
forms of family in its legislation and policies and ensure that children of homosexual parents
would not be discriminated against.

5. Freedom of expression, association and peaceful assembly and right to participate in
public and political life
35. JS1 reported that incidents of hate speech against LGBT people were not uncommon but that
Latvian criminal law did not recognise hate speech related to homophobia and transphobia. JS1
recommended that Latvia define homophobic and transphobic speech and incitement to
homophobic and transphobic violence as a criminal offence.

37. JS1 reported that the pride parade was banned on three occasions in Riga in 2005, 2006 and
2009, but that domestic courts overturned this decision every time. LHRC recommended that
information be widely disseminated on the opportunity to claim both pecuniary and non-pecuniary
damages for illegal decision to prohibit an assembly. CoE Commissioner strongly urged Latvia to
honour its international commitments regarding freedom of expression and assembly, actively
combat all forms of intolerance, guarantee the security and safety of sexual minorities, and
ensure the conditions for developing associations representing them.

7. Right to social security and to an adequate standard of living
45. JS1 indicated that there was no legal recognition of the needs of LGBT patients in the health
system with very little reliable and official data, investigating the health and sexuality issues
specifically relevant to LGBT persons.

8. Right to education
50. JS1 reported that the educational curriculum was strictly gender biased, representing strong
hetero-normative and sexist role of the man and the woman, and excluding LGBT people. JS1
recommended that Latvia ensure that education methods, curricula and resources serve to
enhance understanding of and respect for, inter alia, diverse sexual orientations and gender
identities.


                                     Sierra Leone
                               Date of review: Tuesday, 5 May, PM

Key Issues/Recommendations: welcome Sierra Leone‟s support for the joint statement on
ending violence, criminal sanctions and related human rights violations based on sexual
orientation and gender identity, and recommend repeal of all provisions which may be applied to
criminalise sexual activity between consenting adults.

Sample Intervention: We welcome the commitment of the Government of Sierra Leone to
principles of equality and non-discrimination, as outlined in its National Report. We particularly
commend Sierra Leone for its support of the recent joint statement on ending acts of violence,
criminal sanctions and related human rights violations based on sexual orientation and gender
identity, delivered last month to the Human Rights Council on behalf of 85 States.

We note that Sierra Leone maintains criminal sanctions against sexual activity between consenting
adults, under Section 61 of the Offences against the Person Act 1861, punishable by life
imprisonment.

The UN Human Rights Committee has confirmed that such laws violate the rights to both privacy
                                                                                               12
and non-discrimination, contrary to articles 17(1) and 26 of the International Covenant on Civil
and Political Rights. The Human Rights Committee has underlined that such laws also “run counter
to the implementation of effective education programmes in respect of HIV/AIDS prevention” by
driving marginalised communities underground. The UN Secretary-General, Ban Ki-Moon, the High
Commissioner for Human Rights, and the Executive Director of UNAIDS M. Sidibé, have also called
on States to decriminalise sexual relations between consenting adults.

We therefore recommend that Sierra Leone bring its legislation into conformity with its recent
international commitments by repealing all provisions which may be applied to criminalise sexual
activity between consenting adults.


COMPILATION OF STAKEHOLDERS’ INFORMATION

II. Promotion and protection of human rights on the ground
B. Implementation of international human rights obligations, taking into account
applicable international humanitarian law

4. Right to privacy, marriage and family life
44. ERT observed that Lesbian, Gay, Bi-sexual, Transgender and Intersex (LGBTI) people did not
benefit from the protection afforded by Article 27 of the Constitution, which prohibits
discrimination, and evidence suggested that the LGBTI community remained highly vulnerable.
JS2 stated that Sierra Leone maintained criminal sanctions against sexual activity between
consenting adults. Section 61 of the Offences against the Person Act 1861 criminalised “buggery”
with a penalty of life imprisonment. JS2 recommended that all provisions criminalising sexual
activity between consenting adults be repealed.



                                        Singapore
                                Date of review: Friday, 6 May, AM

Key Issues/Recommendations: repeal all provisions which may be applied to criminalise
sexual activity between consenting adults; take all necessary legislative, administrative and other
measures to ensure the rights to peacefully organise, associate, assemble and advocate around
issues of sexual orientation and gender identity, and to ensure that associations and groups may
not be denied registration because of discrimination on the basis of sexual orientation and gender
identity.

Sample Intervention: We welcome Singapore‟s commitment to equality and non-discrimination,
as outlined in its National Report. However, we note with concern that Singapore maintains
criminal sanctions against sexual activity between consenting adults, under Section 377A of the
Penal Code.

The UN Human Rights Committee has confirmed that such laws violate the rights to both privacy
and non-discrimination, contrary to articles 17(1) and 26 of the International Covenant on Civil
and Political Rights. The Human Rights Committee has underlined that such laws also “run counter
to the implementation of effective education programmes in respect of HIV/AIDS prevention” by
driving marginalised communities underground. The UN Secretary-General, Ban Ki-Moon, the High
Commissioner for Human Rights, and the Executive Director of UNAIDS M. Sidibé, have also called
on States to decriminalise sexual relations between consenting adults.

We recommend that Singapore bring its legislation into conformity with its commitment to
equality and non-discrimination, and its international human rights obligations, by repealing all
provisions which may be applied to criminalise sexual activity between consenting adults.


                                                                                                13
Stakeholders have noted cases of denial of registration to NGOs working on issues of sexual
orientation and gender identity, without which groups cannot operate legally. We therefore
recommend that Singapore take all necessary legislative, administrative and other measures to
ensure the rights to peacefully organise, associate, assemble and advocate around issues of
sexual orientation and gender identity, and to ensure that associations and groups may not be
denied registration because of discrimination on the basis of sexual orientation and gender
identity.


COMPILATION OF STAKEHOLDERS’ INFORMATION

II. Promotion and protection of human rights on the ground
B. Implementation of international human rights obligations

4. Right to privacy, marriage and family life
28. Joint Submission 5 (JS5) noted that Singapore maintained criminal sanctions against sexual
activity between consenting adults of the same sex and recommended that Singapore repeal
relevant legal provisions. PLU noted that, whilst there had been no known recent prosecution of
consenting adults engaged in private sexual relations, men caught in intimate situations with each
other in public places had been prosecuted under the Penal Code.

6. Freedom of religion or belief, expression, association and peaceful assembly and
right to participate in public and political life
42. JS3 noted that any association of 10 or more persons needed to be registered under the
Societies Act, failing which it became an unlawful assembly, membership of which was a criminal
offence. The Registrar of Societies had some discretion as to whether to refuse registration. There
were at least two publicly documented instances where this discretion was exercised in an
arbitrary and unconstitutional manner to deny the registration of the gay rights group People Like
Us.


                                        Suriname
                                Date of review: Friday, 6 May, PM

Key Issues/Recommendations: recommend that Suriname equalise the age of consent for
opposite and same-sex conduct, and adopt appropriate legislative and other measures to prohibit
discrimination on the basis of sexual orientation and gender identity; and consider applying the
Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual
Orientation and Gender Identity as a guide to assist in policy-making in this area.

Sample Intervention: We commend Suriname for its support of the OAS resolution on human
rights, sexual orientation and gender identity in each of 2008, 2009 and 2010. In line with its
commitment to equality and non-discrimination, as expressed in the National Report, we
recommend that Suriname equalise the age of consent for opposite and same-sex conduct, and
adopt appropriate legislative and other measures to prohibit discrimination on the basis of sexual
orientation and gender identity. We further recommend that Suriname consider applying the
Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual
Orientation and Gender Identity as a guide to assist in policy-making in this area.




                                           Greece
                               Date of review: Monday, 9 May, AM




                                                                                                14
Key Issues/Recommendations: acknowledge positive commitments and recommend that
Greece: include gender identity and expression as grounds for protection in anti-discrimination
laws and policies; implement public education and awareness programs on grounds including
sexual orientation and gender identity, including sensitivity training for police and other relevant
authorities; prohibit incitement to hatred and violence on these grounds; provide same-sex
partners with equal rights and responsibilities as opposite-sex partners; and consider applying the
Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual
Orientation and Gender Identity as a guide to assist policy-making in this area.

Sample Intervention: We welcome Greece‟s commitment to principles of equality and non-
discrimination, including on the basis of sexual orientation, as outlined in its national report, and
its support for UN initiatives on human rights, sexual orientation and gender identity. However,
we note the absence of legislation protecting individuals from discrimination based on gender
identity. We therefore recommend that Greece include gender identity and expression as
grounds for protection in anti-discrimination legislation and policies.

The UN Human Rights Committee has expressed concern at incidents of discrimination based on
sexual orientation and urged the government to develop informational measures to address
societal prejudice and discrimination, a call echoed by stakeholders. We therefore recommend
that public education and awareness campaigns be implemented to promote tolerance and respect
on grounds including sexual orientation and gender identity, and that sensitivity training on these
grounds be provided to relevant authorities, including law enforcement and judicial officers. We
also recommend that hate speech laws prohibit incitement to hatred and violence directed
against persons because of their sexual orientation or gender identity.

Finally, we recommend that same-sex partners be provided with equal rights and
responsibilities as opposite-sex partners, and that consideration be given to applying the
Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual
Orientation and Gender Identity as a guide to assist policy-making in this area.


NATIONAL REPORT

III. Promotion and protection of human rights in Greece
A. Measures and mechanisms to combat discrimination
17. In 2005, Parliament adopted Law 3304/2005 on the “Implementation of the principle of equal
treatment regardless of racial or ethnic origin, religious or other beliefs, disability, age or sexual
orientation”, which incorporates two relevant EU directives. The aim of the Law is (a) to establish
a general regulatory framework for combating discrimination in a wide variety of fields and (b) to
designate or establish bodies for protecting, promoting and monitoring compliance with the
principle of non-discrimination.

E. Police accountability
49. A number of Circular Orders on the protection of human rights and the conduct of the police
personnel in general have been issued by the Hellenic Police Headquarters, covering a wide
variety of fields, such as prevention and punishment of torture and ill-treatment, safeguard of the
rights of detained persons and the fight against racism and xenophobia. Respect for diversity has
been identified as a primary obligation of the personnel of the Hellenic Police, while special
emphasis has been given to the treatment of members of vulnerable groups, such as the Roma or
foreign citizens. The implementation of the above Circular Orders is continuously monitored and
further action is taken, where necessary. The 2004 Code of Ethics for Police Officers highlights the
absence of prejudice on the grounds of colour, gender, ethnic origin, ideology and religion, sexual
orientation, age, disability, family, economic or social status as one of the fundamental
parameters of the behaviour of police officers.

G. Rights of lesbian, gay, bisexual and transgender persons

                                                                                                   15
56. As already stressed, the anti-discrimination Law 3304/2005 provides for the implementation
of the principle of equal treatment regardless, inter alia, of sexual orientation in the fields of
employment and occupation and prohibits indirect discrimination. The Ministry of Justice,
Transparency and Human Rights follows the guidance given in this field by relevant international
instruments, in particular within the framework of the Council of Europe, taking into account the
level of maturity the Greek society reaches in this respect.

K. Fight against intolerance - human rights education
81. It is also to be noted that a 2008 amendment to the Criminal Code provides that the
commission of an offence motivated by ethnic, racial or religious hatred, or hatred on account of a
different sexual orientation, constitutes an aggravating circumstance.

UN COMPILATION

B. Implementation of international human rights obligations
1. Equality and non-discrimination
19. The Human Rights Committee (HR Committee) was concerned at reports of continued
discrimination against individuals on the basis of their sexual orientation. It recommended that
Greece provide remedies against discriminatory practices and take informational measures to
address prejudice and discrimination.

COMPILATION OF STAKEHOLDERS’ INFORMATION

I. Background and framework
B. Constitutional and legislative framework
3. The European Commission against Racism and Intolerance (CoE-ECRI) welcome as a positive
development the adoption, in 2005, of Law 3304/2005 on the implementation of the principle of
equal treatment, regardless of racial or ethnic origin, religious or other beliefs, disability, age or
sexual orientation. However, CoE-ECRI also drew attention to a number of lacunas in the law and
recommended measures to ensure more vigorous implementation. NCHR and CoE-ECRI also made
a number of recommendations for the amendment of the law. In particular, NCHR recommended
that the law be amended so as to prohibit multiple discrimination and to prevent any prohibited
discriminatory treatment against third country nationals on the grounds of their nationality.

B. Implementation of international human rights obligations, taking into account
applicable international humanitarian law

1. Equality and non-discrimination
19. OLKE observed that there was no legal provision regarding hate speech related to homophobia
or discrimination on the ground of sexual orientation, and that expressions of homophobia by
politicians and church leaders could be found in the media. OLKE recommended that Greece adopt
explicit legal measures to ensure that the exercise of freedom of opinion and expression did not
violate the rights of persons of diverse sexual orientations and gender identities.

20. OLKE reported that the Gender Equality Act had explicitly included sexual orientation as a
ground of discrimination and introduced the reversed “burden of proof”. However, transsexual and
transgender persons were not protected from discrimination based on gender, gender identity or
gender expression, as the Greek legislation did not differentiate “sex” from “gender”. OLKE
deplored the lack of jurisprudence on discrimination against LGBT persons and the lack of data
and research on this group. OLKE recommended that Greece undertake public awareness-raising
campaigns in order to combat prejudices relating to sexual orientation and gender identity in
employment.

4. Right to privacy, marriage and family life
46. NCHR underlined the need for legal recognition of same sex couples, noting that the civil
union pact, enacted in 2008, expressly excluded these couples, which constituted discrimination.

                                                                                                   16
In this context, OLKE noted that there were two pending cases of same sex couples before the
courts regarding the validity of their marriage, based on the premise that domestic law generally
did not explicitly exclude same sex marriage. JS1 recommended that Greece recognize same sex
couples so that they cease to be discriminated against on matters of inheritance, tax, social
security, health and welfare, pensions, and work.

5. Freedom of religion or belief, expression, association and peaceful assembly and
right to participate in public and political life
57. OLKE reported that the National Council for Radio and Television dealt with LGBT issues in a
way which practically sanctioned the presence of LGBT fictional characters on Greek television.
OLKE recommended that Greece ensure that the outputs of media were pluralistic and non-
discriminatory in respect of issues of sexual orientation and gender identity.



                                           Samoa
                               Date of review: Monday, 9 May, PM

Key Issues/Recommendations: welcome Samoa‟s support for the joint statement on ending
acts of violence, criminal sanctions and related human rights violations based on sexual
orientation and gender identity; recommend that Samoa: repeal all provisions which may be
applied to criminalise sexual activity between consenting adults; adopt appropriate legislative and
other measures to include sexual orientation and gender identity in equality and non-
discrimination laws and programmes; and consider applying the Yogyakarta Principles on the
Application of International Human Rights Law in relation to Sexual Orientation and Gender
Identity as a guide to assist in policy-making in this area.

Sample Intervention: We welcome Samoa‟s commitment to equality and non-discrimination as
outlined in its National Report, and we commend Samoa for its support of the inclusion of a
reference to sexual orientation in the recent General Assembly resolution on extrajudicial
executions. In particular, we warmly commend Samoa for its support of the recent joint statement
on ending acts of violence, criminal sanctions and related human rights violations based on sexual
orientation and gender identity, delivered last month to the Human Rights Council on behalf of 85
States.

We note that Samoa still maintains criminal sanctions against sexual activity between consenting
adults, under Section 58 of the Crimes Ordinance 1961, Consolidated Acts of Samoa 2007-2008.

The UN Human Rights Committee has confirmed that such laws violate the rights to both privacy
and non-discrimination, contrary to articles 17(1) and 26 of the International Covenant on Civil
and Political Rights. The Human Rights Committee has underlined that such laws “run counter to
the implementation of effective education programmes in respect of HIV/AIDS prevention” by
driving marginalised communities underground. The UN Secretary-General, Ban Ki-Moon, the High
Commissioner for Human Rights, and the Executive Director of UNAIDS M. Sidibé, have also called
on States to decriminalise sexual relations between consenting adults.

We therefore recommend that Samoa bring its legislation into conformity with its international
commitments to equality and non-discrimination by repealing provisions which may be applied to
criminalise sexual activity between consenting adults.

We note that that the CRC, UNDP and UNIFEM have all recommended measures to ensure more
comprehensive protection from discrimination, including on the ground of sexual orientation, a call
echoed by stakeholders. We therefore recommend that Samoa adopt appropriate legislative
and other measures to include sexual orientation and gender identity in equality and non-
discrimination laws and programmes. Finally, we recommend that Samoa consider applying the
Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual
Orientation and Gender Identity as a guide to assist in policy-making in this area.
                                                                                                17
UN COMPILATION

II. Promotion and protection of human rights on the ground
B. Implementation of international human rights obligations, taking into account
applicable international humanitarian law

1. Equality and non-discrimination
23. In 2006, CRC remained concerned at the many areas of potential discrimination, such as race,
colour, property, disability, birth status, sexual orientation, HIV status, marital and pregnancy
status. CRC recommended that Samoa collect disaggregated data to enable effective monitoring
of de facto discrimination, in particular against girls, children living in poverty, and those with
disabilities.

25. In 2007, UNDP/UNIFEM indicated that in the Constitution of Samoa, family status (potentially
including marital status) and gender were included as grounds for protection, but there was no
protection for women from discrimination on the grounds of sexual orientation, disability or HIV
status.

COMPILATION OF STAKEHOLDERS’ INFORMATION

II. Promotion and protection of human rights on the ground
B. Implementation of international human rights obligations

1. Equality and non-discrimination
13. SUNGO noted that Samoa benefited from a constitutional guarantee of freedom from
discrimination on the basis of descent, sex, language, religion, political or other opinion, social
origin, place of birth, family status (Constitution, art 15). This guarantee, however, only protected
people from these groups from being discriminated against in legislation. SUNGO noted that there
are certain groups who do not benefit from the equal enjoyment of human rights at a societal
level. There was no protection from discrimination on the basis of disability, age, or sexual
orientation. Samoa had no additional legislation dealing specifically with discrimination.



                    Saint Vincent and the Grenadines
                               Date of review: Tuesday, 10 May, AM

Key Issues/Recommendations: welcome measures described in the National Report to bridge
the gap between HIV prevention and support services and at-risk groups such as men who have
sex with men and sex workers; recommend that Saint Vincent and the Grenadines implement the
2008 recommendation of the UN Human Rights Committee to repeal section 146 of the Criminal
Code criminalising sexual relations between consenting adults of the same sex.

Sample Intervention: We welcome the commitment of Saint Vincent and the Grenadines to
principles of equality and non-discrimination, as outlined in the National Report. We particularly
welcome the measures described in the National Report to address and reduce rates of HIV/AIDS,
including the establishment of the Caribbean HIV/AIDS Alliance in Saint Vincent and the
Grenadines, and efforts to bridge the gap between prevention and support services and at-risk
groups such as men who have sex with men and sex workers, and would ask what measures are
planned to help achieve these objectives?

We note that Saint Vincent and the Grenadines still maintains criminal provisions prohibiting
sexual relations between consenting adults of the same sex.


                                                                                                  18
The UN Human Rights Committee has specifically urged the government to repeal this provision,
and has underlined that criminal laws against same-sex conduct “run counter to the
implementation of effective education programmes in respect of HIV/AIDS prevention” by driving
marginalised communities underground. The UN Secretary-General, Ban Ki-Moon, the High
Commissioner for Human Rights, and the Executive Director of UNAIDS M. Sidibé, have also called
on States to decriminalise sexual relations between consenting adults.

We therefore recommend that Saint Vincent and the Grenadines implement the 2008
recommendation of the UN Human Rights Committee to repeal section 146 of the Criminal Code
criminalising sexual relations between consenting adults of the same sex.


NATIONAL REPORT

IV. Achievement, priorities and challenges
B. HIV/AIDS
80. Successes – The HIV/AIDS prevention and control programme has achieved numerous
successes as a result of the great political will of the Government of Saint Vincent and the
Grenadines, the availability of resources and the high level of dedication of personnel from both
public and private sector. Success stories are fitting for every aspect of the HIV/AIDS prevention
and control programme. The establishment of the Caribbean HIV/AIDS Alliance in Saint Vincent
and the Grenadines has successfully attempted to bridge the gap between prevention and support
services and most-at risk groups such as men who have sex with men and sex workers. The work
of the alliance is done through peer communicators. The programme is effectively monitored and
quarterly reports are produced and disseminated to the Ministry of Health and the Environment.
Similar work is done by the PSI where their prevention programme is not only geared towards sex
workers and men who have sex with men but also to youth on the block.

88. There is still a wide information gap in knowledge surrounding most-at risk groups in Saint
Vincent and the Grenadines. One of the major groups of concern is the men that have sex with
men. The Ministry of Health and the Environment is planning to conduct a behavioural survey and
seroprevalence study amongst men who have sex with men in order to gain strategic information
for the purpose of effective policy and programme development geared towards men who have
sex with men. The activities carried out by both public and private sector have been immense,
however, the effectiveness of prevention programmes have been difficult to measure as it
requires the realization of behavioural surveys. The Ministry of Health & the Environment
conducted a behavioural survey in 2005 and aim to conduct another geared towards the general
population. This will offer the necessary information to evaluate the accomplishments of the
prevention programmes through comparative analysis with the OECS BSS 2005.

UN COMPILATION

II. Promotion and protection of human rights on the ground
B. Implementation of international human rights obligations

4. Right to privacy, marriage and family life
44. In 2008, the HR Committee was concerned that consensual homosexual acts between adults
in private were still criminalized under section 146 of the Criminal Code. It recommended that
Saint Vincent and the Grenadines consider the abolition of this law.

COMPILATION OF STAKEHOLDERS’ INFORMATION

II. Promotion and protection of human rights on the ground
Implementation of international human rights obligations
2. Right to privacy, marriage and family life


                                                                                               19
3. Joint Submission 1 recommended that the Human Rights Council, in its upcoming UPR review,
urge Saint Vincent and the Grenadines to bring its legislation into conformity with its commitment
to equality and non-discrimination, and its international human rights obligations, by repealing all
provisions which may be applied to criminalise sexual activity between consenting adults.



                                              Sudan
                                Date of review: Tuesday, 10 May, PM

Key Issues/Recommendations: recommend that Sudan ensure the death penalty may not be
applied to adults engaging in consensual sexual relations; consider reviewing the Penal Code to
ensure that sexual activity between consenting adults is not criminalised.

Sample Intervention: We note from with concern that Sudan maintains criminal sanctions
against sexual activity between consenting adults, punishable by flogging and the death penalty.

The UN General Assembly has held that the death penalty may not be applied for consensual
same-sex conduct, and the UN Human Rights Committee has confirmed that laws criminalising
such conduct violate the rights to both privacy and non-discrimination, contrary to articles 17(1)
and 26 of the International Covenant on Civil and Political Rights. The Committee further
considered that these laws “run counter to the implementation of effective education programmes
in respect of HIV/AIDS prevention” by driving marginalised communities underground, a position
supported by UNAIDS. The UN Secretary-General Ban Ki-Moon, the High Commissioner for Human
Rights, and the Executive Director of UNAIDS M. Sidibé, have also called on States to
decriminalise sexual relations between consenting adults.

We therefore recommend that Sudan ensure the death penalty may not be applied to adults
engaging in consensual sexual relations. We further recommend that consideration be given to
reviewing the Penal Code to ensure that sexual activity between consenting adults is not
criminalised.

COMPILATION OF STAKEHOLDERS’ INFORMATION

4. Right to privacy, marriage and family life
46. JS7 stated that the 1991 Penal Code of the Sudan (Act No. 8 1991) and the Penal Code
adopted in Southern Sudan imposed criminal sanctions on some forms of sexual activity between
consenting adults. It recommended that the Sudan bring its laws in conformity with its
international human rights obligations, by repealing all provisions which may be applied to
criminalise sexual activity between consenting adults.



                                            Hungary
                              Date of review: Wednesday, 11 May, AM

Key Issues/Recommendations: welcome positive steps and recommend that hate crimes laws
prohibit incitement to hatred and violence directed against persons for discriminatory reasons,
including on grounds of sexual orientation or gender identity; that public education and awareness
campaigns be implemented to promote tolerance and respect on grounds including sexual
orientation and gender identity, including sensitivity training for police and other relevant officials;
and that the Yogyakarta Principles on the Application of International Human Rights Law in
relation to Sexual Orientation and Gender Identity be applied as a guide to assist in policy-
making.

Sample Intervention: We welcome Hungary‟s commitment to equality and nondiscrimination,
including on grounds of sexual orientation and gender identity, as outlined in its National Report.
                                                                                                     20
We note that stakeholders have expressed concerns at incidents of hate crimes. We therefore
recommend that hate crimes laws prohibit incitement to hatred and violence directed against
persons for discriminatory reasons, including on grounds of sexual orientation or gender identity.
We further recommend that public education and awareness campaigns be implemented to
promote tolerance and respect on grounds including sexual orientation and gender identity, and
that sensitivity training on these grounds be provided to relevant authorities, including law
enforcement and judicial officers. Finally we recommend that the Yogyakarta Principles on the
Application of International Human Rights Law in relation to Sexual Orientation and Gender
Identity be applied as a guide to assist in policy-making in this area.


NATIONAL REPORT

II. Normative and institutional framework
C. Equal Treatment Authority
14. ETA can initiate proceedings upon individual complaints or actio popularis submitted by NGOs
and other stakeholders or ex officio. ETA deals with unequal treatment (direct/ indirect
discrimination, segregation, harassment, victimization) involving gender; racial origin; colour;
nationality; national or ethnic origin; mother tongue; disability; state of health; religious or
ideological conviction; political or other opinion; family status; maternity or paternity; sexual
orientation; sexual identity; age; social origin; financial status; part-time, temporary and other
types of employment contract; the membership of an organisation representing employees‟
interests and any other status, attribute or characteristic. Should the right to equal treatment
have been violated, ETA may order the elimination of the situation concerned, prohibit further
continuation of the conduct concerned; publish its decision or impose a fine.

COMPILATION OF STAKEHOLDERS’ INFORMATION

II. Promotion and protection of human rights on the ground
Implementation of international human rights obligations

1. Equality and non-discrimination
11. AI stated that the Criminal Code criminalized assaults committed because of a victim‟s actual
or perceived belonging to a national, racial, ethnic or religious group. However, it referred to a
concern expressed by CoE ECRI that Hungarian law did not include general provisions under
which, for all ordinary criminal offenses, racist motivation constituted an express aggravating
circumstances. Furthermore, AI referred to the documented cases, which illustrated that officials
often failed to recognize racially motivated crimes as such, despite the fact that it was highly likely
that the perpetrators attacked the victims because of their ethnicity, religion or sexual orientation.
HRF, HHC and JS1 expressed similar concerns. CoE ECRI recommended, inter alia, that Hungary
make specific provisions in the criminal law for racist motivation for ordinary offences to constitute
aggravating circumstances.



                                  Papua New Guinea
                              Date of review: Wednesday, 11 May, PM

Key Issues/Recommendations: recommend that Papua New Guinea: repeal provisions which
may be applied to criminalize sexual activity between consenting adults of the same sex; ensure
that all sexual and reproductive health education, prevention, care and treatment programmes
and services respect the diversity of sexual orientations and gender identities, and are equally
available to all without discrimination; and that sensitivity training on these grounds be provided
to relevant authorities, including law enforcement and judicial officers.




                                                                                                    21
Sample Intervention: We welcome the commitment of Papua New Guinea to principles of
equality and non-discrimination, and we commend the Government for their support for the
inclusion of a reference to sexual orientation in the recent General Assembly resolution on
extrajudicial executions.

We also welcome the fact that, according to the UN compilation, Papua New Guinea‟s Cabinet has
recently endorsed a review on existing laws governing prostitution and “unnatural” sex offences,
to be undertaken by the Constitutional and Law Reform Commission (CLRC), and that the policy
submission sought to review criminal laws to decriminalize sex work and consensual homosexual
practices.

The UN Human Rights Committee has confirmed that such laws violate the rights to both privacy
and non-discrimination, contrary to articles 17(1) and 26 of the International Covenant on Civil
and Political Rights. The Human Rights Committee has underlined that criminal laws against
same-sex conduct “run counter to the implementation of effective education programmes in
respect of HIV/AIDS prevention” by driving marginalised communities underground. The UN
Secretary-General, Ban Ki-Moon, the High Commissioner for Human Rights, and the Executive
Director of UNAIDS M. Sidibé, have also called on States to decriminalise sexual relations between
consenting adults.

We therefore recommend that Papua New Guinea bring its legislation into conformity with its
commitment to equality and non-discrimination, and its international human rights obligations, by
repealing provisions which may be applied to criminalize sexual activity between consenting adults
of the same sex.

We further recommend that Papua New Guinea ensure that all sexual and reproductive health
education, prevention, care and treatment programmes and services respect the diversity of
sexual orientations and gender identities, and are equally available to all without discrimination.

Finally, we note concerns expressed by stakeholders, including Human Rights Watch, of police
targeting of sex workers and those suspected of homosexual conduct, and we recommend that
sensitivity training on these grounds be provided to relevant authorities, including law
enforcement and judicial officers.

NATIONAL REPORT

[Not yet available]

UN COMPILATION

II. Promotion and protection of human rights on the ground
B. Implementation of international human rights obligations

4. Right to privacy, marriage and family life
50. UNJR [United Nations Joint Report] stated that Papua New Guinea‟s Cabinet had recently
endorsed a review on existing laws governing prostitution and “unnatural” sex offences, to be
undertaken by the Constitutional and Law Reform Commission (CLRC). The policy submission
sought, among others, to review criminal laws to decriminalize sex work and consensual
homosexual practices.

COMPILATION OF STAKEHOLDERS’ INFORMATION

II. Promotion and protection of human rights on the ground
B. Implementation of international human rights obligations

4. Right to privacy, marriage and family life

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34. Joint Submission 2 (JS2) recommended that Papua New Guinea bring its legislation into
conformity with its commitment to equality and non-discrimination, and its international human
rights obligations, by repealing all provisions which may be applied to criminalize sexual activity
between consenting adults of the same sex.

7. Right to social security and to an adequate standard of living
38. Additionally, HRW noted that Papua New Guinea had a very high prevalence of HIV/AIDS:
around 34,100 people were living with the disease (0.92 per cent of adults in 2010), with young
women most likely to be diagnosed. Gender-based violence and discrimination and poor access to
healthcare fuelled the virus's spread. People living with HIV/AIDS often faced violence and
discrimination. Antiretroviral therapy was inaccessible to most. Despite training, police
undermined prevention efforts by targeting female sex workers and men and boys suspected of
homosexual conduct, for beatings and rape. Police did so in part because they could threaten
arrest using laws criminalizing homosexual conduct and certain forms of sex work, and because
social stigma against homosexuals and sex work shielded the police from public outrage.




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