(i) Whether, and in what respects, that State's criminal law is consistent with international human rights law in its application to and effect on persons on the basis of sexual orientation and gender identity; (ii) 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; (iii) Whether, and in what respects, that State's laws enable the official recognition of changes of gender identity from that assigned to a person at birth and the consistency of those laws with international human rights law; (iv) Whether, in the course of undertaking the reference, the ACJ has identified other laws, policies, acts or practices that impact adversely persons on the basis of sexual orientation and gender identity, and, if so, the extent to which those laws, policies, acts or practices are inconsistent with international human rights law and the nature of the inconsistency; and (v) Whether the law, policy and practice in a State is adequate to ensure the protection of the rights of persons and organisations that defend the human rights of persons of diverse sexual orientation and gender identity. Structure of Report There are several sections to this report: Section 1 summarises the application of international human rights law to sexual orientation and gender identity, particularly with regard to the States’ obligation to ensure rights without discrimination and the individual’s right to equality before, and equal protection of, the law. This section should be read in conjunction with the ACJ Background Paper 2 and the International Commission of Jurists “Practitioners Guide No. 4” 3 which provide greater detail on discrimination and equality, as well as the application of these principles/rights to other established rights such as the right to life, privacy, assembly, expression and association, and freedom from torture and ill treatment and arbitrary deprivation of liberty. Copies of the background paper and the practitioners guide are available on the APF website. Section 2 responds to the terms of reference elaborated immediately above, highlighting some key developments as well as shortcomings in the Asia Pacific region. Section 3 then provides a series of recommendations for action that can be undertaken by member institutions. The broad scope of recommendations acknowledges that, while there may be several core issues common to most jurisdictions, each country’s situation and each NHRI is different. Member institutions will therefore need to determine their own priorities based on their unique domestic situation and their institutional mandates and capacity. Finally, Table 1 provides a summary of the legislative provisions dealing with criminalisation of same sex sexual conduct, anti-discrimination and recognition of gender identity in each 2 Advisory Council of Jurists Background Paper: Human Rights, Sexual Orientation and Gender Identity. Alternative Law Forum. 2010. Available at: www.asiapacificforum.net/acj/references. 3 Sexual Orientation, Gender Identity and International Human Rights Law: Practitioners Guide No. 4. International Commission of Jurists. 2009. Available at: www.icj.org/default.asp?langage=1&nodeID=420. Last accessed: 20 August 2010. ACJ Report: Human Rights, Sexual Orientation and Gender Identity 7