CHAPTER 4: CHALLENGES, RISKS AND OPPORTUNITIES CASE STUDY: APF MEMBER INSTITUTION WORK ON LESBIAN, GAY, BISEXUAL AND TRANSGENDER (LGBT) RIGHTS In 2006, in response to well-documented patterns of abuse, a distinguished group of international human rights experts outlined a set of international standards relating to sexual orientation and gender identity. The result was the Yogyakarta Principles: a universal guide to human rights, which affirm binding international legal standards with which all States must comply. In May 2009, the APF brought together member institutions to discuss the role of NHRIs in promoting implementation of the Yogyakarta Principles. Participants also discussed the practical ways that NHRIs could use their functions and powers – including investigating complaints, reviewing laws and policies, holding national inquiries and public education – to better protect and promote the rights of gay, lesbian, bisexual and transgender people. APF members concluded the meeting with a strong rejection of “stereotyping, exclusion, stigmatisation, prejudice, intolerance, discrimination and violence” against gay, lesbian, bisexual and transgender people as well as an affirmation that the expression of religious and other beliefs should not violate the rights and freedoms of others. The Workshop also recommended further action including that: l The APF Advisory Council of Jurists review national laws in the countries of APF members, determine if they are consistent with international human rights standards relating to sexual orientation and gender identity, and advise what amendments may be required; l The APF facilitate information exchange among its member institutions on their human rights work in relation to sexual orientation and gender diversity; l APF member institutions be supported to build their knowledge and awareness of human rights in relation to sexual orientation and gender identity, through training programs and staff exchanges. These recommendations are now under implementation. The APF Advisory Council of Jurists (ACJ) commenced its review in early 2010 and presented preliminary findings to the 2010 APF Annual Meeting held in Bali, Indonesia. The preliminary report notes that while international human rights law protects and promotes the rights of all persons, gay, lesbian, bisexual and transgender people continue to experience extra-judicial killings, torture, violence and rape, as well as discrimination in employment, education, housing and health services. The ACJ presented a number of recommendations to support APF members take concrete steps to address these issues, outlining a staged approach that recognises the competing priorities that NHRIs need to balance, the different contexts in which they operate and their varying levels of resources available to them. The final report is available at http://www.asiapacificforum.net/acj/references/sexual-orientation. Also in 2010 the APF coordinated a joint funding application to secure financial support to assist five member institutions implement a range of targeted activities that will raise awareness and bolster protection for the rights of lesbian, gay, bisexual and transgender people. These activities include consultations and advice on legal protection against discrimination (Australia); a national training program to support reporting, analysis, investigation and prosecution of human rights violations against LGBT people (Indonesia); legal analysis and awareness-raising (Mongolia); the convening of a major national conference on the issue (New Zealand); and development of a human rights education module for local government or community groups (the Philippines). Further as a result of the 2009 APF Workshop on the Yogyakarta Principles, the Malaysian Human Rights Commission has begun a study on the rights of LGBT persons in Malaysia. 39