interpretations may give rise to criminal and/or extra-legal sanctions against people in their private sexual relations. The ACJ is of the view that the appropriate balance is struck by the Vienna Declaration and Programme of Action, which provides: “While the significance of national and regional particularities and various historical, cultural and religious backgrounds must be borne in mind, it is the duty of States, regardless of their political, economic and cultural systems, to promote and protect all human rights and fundamental freedoms.” 60 The ACJ is of the view that fundamental to any improvement in the human rights situation of persons of diverse sexual orientation and gender identity is the repeal, amendment or appropriate application of the types of laws outlined above. Such changes must also be accompanied by action to address a culture of impunity towards those who violate the basic rights of lesbian, gay, bisexual or transgender persons. Until this occurs, further basic socioeconomic rights such as the right to health, education and employment may be rendered out of reach. Annex 1 below provides a table listing the laws in each State that criminalise or potentially criminalise same sex sexual conduct between consenting adults and give rise to a breach of international human rights law. TOR 2 – Anti-discrimination law Term of reference 2 asks the ACJ to consider “whether, and in what respects, that State's anti-discrimination law applies to protect the human rights of persons on the basis of sexual orientation and gender identity and the adequacy of that protection”. – Introduction As with international human rights law, anti-discrimination laws in most countries have not explicitly included sexual orientation or gender identity among their proscribed grounds of discrimination. This has often meant that lesbian, gay, bisexual and transgender persons in many parts of the Asia Pacific region have been strangers to the guarantee of equality. – Advances Within the Asia Pacific region there are some significant examples of progress in the area of protection from discrimination. The Constitution of Fiji specifically recognises the rights of lesbian, gay, bisexual and transgender persons, 61 though within the Asia Pacific region, it remains the only country to expressly do so. Constitutional protection is also afforded in Thailand through more general equality provisions. In this jurisdiction, the Constitutional Drafting Assembly’s “Intentions of the 60 Vienna Declaration And Programme Of Action. A/CONF.157/23, http://www.unhchr.ch/huridocda/huridoca.nsf/(symbol)/a.conf.157.23.en 12 July 1993. Available at: 61 The Fijian Constitution, Section 38(2) reads: “A person must not be unfairly discriminated against, directly or indirectly, on the ground of his or her: (a) actual or supposed personal characteristics of circumstances, including race, ethnic origin, colour, place of origin, gender, sexual orientation, birth, primary language, economic status, age or disability . . .”. ACJ Report: Human Rights, Sexual Orientation and Gender Identity 21