Report of the Conference
SESSION 2: KEYNOTE OPENING ADDRESS
Keynote opening address
Vitit Muntarbhorn, UN Independent Expert on Sexual Orientation and Gender Identity
Moderator
Charles Goddard, Editorial Director, The Economist Intelligence Unit, Asia Pacific
Professor Emeritus Vitit Muntarbhorn, who was one of the co-chairs of the Yogyakarta conference,
provided a very detailed background on the nature of the Yogyakarta Principles, and the thinking behind
the development of the principles. The Principles were developed to articulate how existing human rights
law applies to LGBT people and the specificities of their lived realities. Most importantly, the Principles
offered clarity on the existing international law at the time. The Principles were not meant to be a
constitutive document, but as an indicative document of the status of international law in the current time
and context. They promise a different future where all people born free and equal in dignity and rights can
fulfil that precious birthright.
The Principles provided definitions of sexual orientation and gender identity, which are essential in
recognising the nature of rights and their application in the context of sexual orientation and gender
identity. By definition, sexual orientation is an inherent or enduring emotional, romantic or sexual attraction
to other people, while gender identity refers to one’s innermost concept of self as male, female, a blend
of both or neither – how individuals perceive themselves and what they call themselves. One’s gender
identity can be the same or different from their sex assigned at birth.
The Yogyakarta Principles include a preamble, 29 principles along with specific recommendations and
a list of additional recommendations. The Principles validate and reaffirm existing rights of individuals,
especially in relation to non-discrimination and protection from violence, on the basis of their sexual
orientation or gender identity. The Principles also provide useful tools on the application of international
human rights law in the context of SOGIESC.
The Principles afford a systematic understanding of the nature of human rights related to sexual
orientation and gender identity, and its impact can be both at the programmatic and catalytic level. The
principles are also powerful tools for advocacy and in the development of jurisprudence.
Over the 10 years since the adoption of the Yogyakarta Principles, there have been innumerable stories
of both success and failure. While the happy stories of better recognition of the human rights of LGBT
people in many parts of the world including significant court cases abound, there have also been
unhappy stories of continued abduction, discrimination, torture and killing of individuals in some parts
of the world. Continued longitudinal and multiplied series of violations of the human rights of LGBTI
people are reported from many countries. In the face of continued violations of rights of LGBTI people in
some societies, the struggle for equal rights and dignity need to be further strategised to address these
changing realities.
The intersectionality of the Principles is an important point of discussion. Intersectionality provides a more
nuanced approach in capturing the multi-faceted experiences of oppression, discrimination and violence
against LGBTI individuals. Therefore, in order to fully appreciate the lived experience of individuals, it is
important to address these multiple dimensions and how they link to each other. An Intersectional lens
must be used to understand how systemic injustice and social inequality occur on a multidimensional
basis and how they affect the individuals in various situations and contexts.
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