3C Interactive Dialogue

Independent Expert on Protection against Violence and discrimination based on sexual orientation and gender identity

Statement by the UN LGBTI Core Group

Chair,

I have the honor to deliver this statement on behalf of the Member States of the LGBTI Core Group.

(The LGBTI Core Group is an informal cross regional group established in 2008. The group is co-chaired by Argentina and The Netherlands, and includes Albania, Australia, Bolivia, Brazil, Cabo Verde, Canada, Chile, Colombia, Costa Rica, Croatia, Ecuador, El Salvador, France, Germany, Iceland, Ireland, Israel, Italy, Japan, Luxembourg, Malta, Montenegro, Mexico, Nepal, New Zealand, North Macedonia, Norway, South Africa, Spain, Sweden, the United Kingdom of Great Britain and Northern Ireland, the United States of America, Uruguay, the European Union, as well as the Office of the UN High Commissioner for Human Rights, and the non-governmental organizations Human Rights Watch and OutRight Action International.)

Mr. Independent Expert,

1. We fully support your mandate and welcome your report on “Practices of exclusion” where you describe the backlash against the incorporation of gender frameworks in international human rights law. In your conclusions, you describe how narratives and actions of exclusion related to gender and gender identity exploit existing preconceptions, stigma and prejudice, thereby making the realization of protected human rights of all women including lesbian, bisexual and trans women, more difficult. This results in the perpetuation of violence and discrimination based on sexual orientation and gender identity.

    

2. We echo your concern on the risk of perpetuating violence and discrimination by exclusionary narratives. We urge all Member States to provide measures for the full protection of LGBTI persons from physical and psychological harm. We support your recommendations and urge Member States to carefully analyze exclusionary rhetoric and practices, and challenge them with evidence-based information. Further, we support your recommendation asking States to adopt all necessary measures to protect women in all their diversity from violence and discrimination.

    

3. We also welcome your increased focus on the importance of legal recognition as well as decriminalization of persons based on their sexual orientation and gender identity and the protection of the human rights of trans and gender-diverse persons. It should be noted that Member States that are taking steps towards concretizing the legal recognition of gender identity.

    

4. Unfortunately, 68 countries still criminalize consensual same sex relations. Therefore, we are especially appreciative of your participation in the High Level Week side event of the Core Group on this theme. We feel hopeful that 59 states supported our call for decriminalization as a prerequisite to fully achieving the Sustainable Development Goals during the General Debate of the Third Committee.

    

5. (We are pleased to read in your report that you continue to engage in a constructive dialogue with a wide range of stakeholders throughout the implementation of your mandate. We support this approach and underline the importance of dialogue to achieve greater understanding.)

    

6. We urge all Member States to cooperate with the mandate, including by considering this report seriously, because we firmly believe that standing against acts of discriminatory violence and hate crimes based on sexual orientation or gender identity is the right thing to do.

    

7. In your country visits, which narratives have you observed to be most effective in countering exclusionary rhetoric?

Thank you,