SECTION TWO: How NHRIs can address the impact of the COVID-19 pandemic on LGBTI communities Section two: Guidance on how NHRIs can address the impact of the COVID-19 pandemic on LGBTI communities The UN High Commissioner for Human Rights has recommended that NHRIs address discrimination and violence on grounds of SOGIESC in their work109 and many NHRIs in the Asia Pacific region have been doing this work for many years.110 NHRIs in the region have also responded quickly to the COVID-19 pandemic111 and in some cases have directly addressed the situation of LGBTI people during the crisis. The following section describes a number of ways in which NHRIs can protect and promote the human rights of LGBTI people in the context of the pandemic and highlights good practice examples from the region. Additional APF resources to consult: • Promoting and Protecting Human Rights in relation to Sexual Orientation, Gender Identity and Sex Characteristics • Part of our Everyday Work: NHRI Guidelines for Mainstreaming SOGISC Work 1. Recognising LGBTI people as a vulnerable group in the context of the pandemic NHRIs often encounter cultural, religious and political pressure from the State, religious or community leaders, and others when recognising that universal human rights apply to everyone, including people who are LGBTI, and working on the universal right to be free from discrimination and violence.112 Nevertheless, it is important that NHRIs draw attention to the vulnerability of LGBTI people during the COVID-19 pandemic, and in similar crises. NHRIs can also encourage governments to recognise LGBTI people as a vulnerable group, pointing to research reports, testimonies, consultations, or specific patterns in violations that were reported to the NHRI. The UN Office of the High Commissioner on Human Rights (OHCHR) and the Independent Expert on SOGI have affirmed that state responses to the COVID-19 pandemic, such as support services, aid, shelters, vaccination programs, or lockdown measures, should be designed in consultation with LGBTI people and their representative organisations.113 LGBTI 109 A/HRC/29/23, para. 80. 110 Promoting and Protecting Human Rights in relation to Sexual Orientation, Gender Identity, and Sex Characteristics, APF, June 21, 2016, p. 165, https://www.asia-pacific.undp.org/content/rbap/en/home/library/democratic_governance/hiv_aids/promoting-and-protecting-human-rights-in-relation-to-sexual-orie.html. 111 OHCHR, NHRI responses to the COVID-19 pandemic, https://www.ohchr.org/EN/Countries/NHRI/Pages/NHRIS-andCovid-19.aspx. 112 Promoting and Protecting Human Rights in relation to Sexual Orientation, Gender Identity, and Sex Characteristics, APF, p. 167. 113 A/75/258, para. 75-76, OHCHR, COVID-19 and the Human Rights of LGBTI people and OHCHR, COVID-19: The suffering and resilience of LGBT persons must be visible and inform the actions of States. 16