Introduction Background Discrimination and violence against people of diverse sexual orientation and gender identity is a serious problem in many countries across the Asia Pacific. People of diverse sexual orientation and gender identity, whether actual or perceived, face execution or extra-judicial killing, torture, rape, arbitrary detention, unfair trials and, in the case of women this may also include forced pregnancy, forced marriage and so-called ‘corrective’ rape. These human rights violations may occur at the hands of State officials and authorities or at the hands of non-State actors, often with the actual or implied complicity of State actors and often with impunity. 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. Addressing a broad range of human rights issues, the experts adopted 29 ‘Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity’, (the Yogyakarta Principles), which sought to clarify the existing international human rights standards with which all States must comply, while proposing a series of actions that States might undertake to assist in promoting their compliance. In highlighting that all members of society and of the international community have responsibilities regarding the realisation of human rights, the Expert Group requested national human rights institutions (NHRIs) to promote respect for the Yogyakarta Principles, and to integrate into their work the promotion and protection of the human rights of persons of diverse sexual orientations or gender identities. 1 ACJ Reference In May 2009, in response to the Expert Group’s recommendation, the Asia Pacific Forum of National Human Rights Institutions (APF) brought together member NHRIs to a workshop in Indonesia to discuss their role in promoting the implementation of the Yogyakarta Principles. They recommended 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. The workshop also recommended that the APF request its Advisory Council of Jurists (ACJ) to provide advice and recommendations on the question of the consistency or inconsistency with international human rights law of certain laws in the Asia Pacific region in relation to sexual orientation and gender identity. The APF Annual Meeting in 2009 agreed to this recommendation. Specifically, in relation to each State of a member institution of the APF, the ACJ was asked to comment on the following terms of reference: 1 Additional Recommendations. The Yogyakarta Principles. Available at: www.yogyakartaprinciples.org/ Last accessed 14 June 2010. ACJ Report: Human Rights, Sexual Orientation and Gender Identity 6