Universal Periodic Report (UPR) 69. ​ he Universal Periodic Review (UPR) is a unique process which involves a T review of the human rights records of all UN Member States78. The second UPR for Malaysia which was held in October 2013, Malaysia received 7 recommendations with regard to gender identity and sexual orientation and the Government did not accept any recommendations made on LGBT. The recommendations all of which touch on ensuring non-discrimination and legislative reforms as listed below79: i. ii. iii. iv. v. vi. vii. “Take legislative and practical steps to guarantee that LGBTI persons can enjoy all human rights without discrimination (Germany)” “Introduce legislation that will decriminalize sexual relations between consenting adults of the same sex (Croatia)” “Decriminalize homosexuality and respect the fundamental rights of LGBT persons (France)” “Take the necessary measures to eradicate the discrimination based on sexual orientation (Argentina)” “Delete those provisions that could favour discriminatory practices against persons based on their sexual orientation and gender identity (Chile)” “Repeal sections of the Malaysian Penal Code that criminalize consensual same-sex conduct between adults (Netherlands)” “Enact legislation prohibiting violence based on sexual orientation, and repeal laws that directly or indirectly criminalize consensual same-sex sexual activities (Canada)” United Nations Human Rights Council 70. Since the violations and discrimination against the LGBT groups became more visible at the international level, the United Nations Human Rights Council adopted three resolutions on sexual orientation and gender identity since 201180. Later, the High Commissioner for human rights had also issue a report on the discrimination and violence against individuals based on their sexual orientation and gender identity. United Nations (UN) Independent Expert on Protection against Violence and Discrimination Based on Sexual Orientation and Gender Identity 71. The mandate of the UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity was established by the Human Rights Council (HRC) in 2016 in its resolution 32/2.81 In his 78 http://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRMain.aspx 79 A/HRC/25/10 P. 19 80 United Nations. Living Free & Equal. What states are doing to tackle violence and discrimination against lesbian, gay, bisexual, transgender and intersex people. 2016. P. 13 81 See A/HRC/29/23 for background information. Report On Transgender Persons In KL And Selangor | 33

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