Asia Pacific Forum of National Human Rights Institutions
3.4. RECOGNISE HOW UNIVERSAL HUMAN RIGHTS APPLY
TO LGBTI PEOPLE
The provisions of international human rights law extend in full to all people. This is the unanimous view of
international human rights experts, expressed in court decisions, reports, general comments, concluding
observations, and recommendations from multiple United Nations human rights mechanisms. These are
documented extensively in chapter 5 of the APF/UNDP SOGISC manual.
Yet, many societies fail to recognise that universal human rights apply to LGBTI people. There can be
significant social, cultural or political pressure to ignore human rights violations based on a person’s SO,
GI, or SC. NHRIs have a key role to play in standing up for the universality of human rights, by recognising
the human rights of LGBTI people.
The Principles on the Application of International Human Rights Law in relation to Sexual Orientation and
Gender Identity (the Yogyakarta Principles) are the most authoritative statement of what international
human rights law obliges States to do, and not do, to promote and protect the rights of LGBT people.16
EXAMPLES
A number of NHRIs in the region have a SOGI or LGBT focal point. The National Human Rights
Commission of Nepal established such a role in 2005 and has had a community intern from Blue
Diamond Society within the Commission since 2012.
The Office of the Provedor for Human Rights and Justice Timor-Leste has also appointed a LGBT
focal point.
On International Day Against Homophobia and Transphobia, 17 May 2017, the Bandhu Social Welfare
Society announced it will have a full-time staff member housed within the National Human Rights
Commission of Bangladesh (JAMAKON). This role will focus on addressing stigma, discrimination and
human rights violations against sexual and gender minorities in Bangladesh.
In addition, the minority desk representative in the Indonesian National Commission on Human
Rights (Komnas HAM) includes a specific focus on LGBT people. It has been widely known and utilised
by LGBTI human rights organisations.
POSSIBLE ACTIONS
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1.
Recognise LGBTI people in your NHRI’s strategic plan as priority groups for NHRI programs and
activities, because of their experience of human rights violations and the risk of further violations.17
2.
Appoint a staff focal point on human rights issues for LGBTI people – if possible, with a
Commissioner responsible for the area – and develop a clear work plan for the focal point under
the institutional strategic plan.18
3.
Build the institutional capacity of the NHRI, including its members and staff, to promote and
protect the human rights of LGBTI people, especially through internal training and sensitisation
programs and through the recruitment of staff who have had direct personal experience in human
rights work for and on behalf of LGB, T or I people.19
4.
Build relationships with LGB, T and I organisations and networks to inform your work and to
ensure effective communication outreach to communities of people of diverse sexual orientations,
gender identities and sex characteristics.20