SOGI Independent Expert Highlights Violence and Discrimination Based on SOGI

In June, Thai Human Rights expert and law Professor Vitit Muntarbhorn, the first-ever UN Independent Expert on Sexual Orientation and Gender Identity (SOGI IE), delivered his initial report to the 35th Session Human Rights Council in Geneva. The report was delivered in a joint session with the Special Rapporteur on Extrajudicial Summary or Arbitrary Executions, Dr. Agnes Callamard directly after the formal address of the High Commissioner on Human Rights, Prince Zeid Ra'ad Al Hussein.

The ten-minute speech themed ‘diversity in humanity and humanity in diversity,’ also the title of the report, spoke to the scope of the SOGI IE mandate and the proposed methodology for its implementation. The report will be one of several reports the SOGI IE will deliver in his capacity as mandate holder for the next three years. Muntarbhorn holds this position free from association with any state, and does so on a voluntary, pro-bono, basis. His second report will be a country specific report, looking at the environment facing lesbian, gay, bisexual, transgender, and intersex (LGBTI) people in Argentina, as well as looking at best practices in policy.

During his presentation, Muntarbhorn located sexual orientation and gender identity as universal aspects of all human experience. He went on to position violence and discrimination against LGBT people on the basis of their actual or perceived sexual orientation, gender identity or expression (SOGIE) as arbitrary and driven by unnecessary adherence to restrictive social constructs. The six underpinnings outlined in the report were articulated in the speech including;

  1. Decriminalization of consensual same-sex relations
  2. Effective anti-discrimination measures
  3. Legal recognition of gender identity
  4. Destigmatization linked with depathologization
  5. Socio-cultural inclusion
  6. Promotion of education and empathy

As is outlined in the HRC Resolution 32/2 mandating the creation of the SOGI IE position, Muntarbhorn engaged with a diverse set of stakeholders including present states in the room, National Human Rights Institutions (NHRIs), UN agencies, and civil society from the global north and global south, representing the spectrum of the LGBT human rights organizations. Since taking on this position, Muntarbhorn has been active in seeking information and, as with all special mandate holders, receiving complaints on violence and discrimination faced by LGBTI people worldwide.

Dr. Agnes Callamard also raised SOGIE in the context of the Extrajudicial Summary or Arbitrary Executions mandate, the report of which was focused on a gender based analysis of extrajudicial executions. Her presentation touched on the way in which restrictive gender constructs feed both systemic homophobic and transphobic hate crimes that can lead to murder.

SOGI is explicitly recognized as being a precursor or motivator to violence and to extrajudicial killings in multiple General Assembly resolutions on Extrajudicial, summary, or arbitrary executions, most recently in A/C.3/71/L.38.

Following the presentations by the SOGI IE and the Special Rapporteur on Extrajudicial Summary or Arbitrary Executions, UN Member States were given 2 minutes each to provide comments and questions. Some countries gave statements in coalition, for example the EU and the 33 countries belonging to the Equal Rights Coalition. There was an overwhelming number of countries that spoke out in support of the mandate, with countries explicitly stating the high levels of violence and discrimination experienced by individuals with diverse SOGIE, or those perceived to have diverse SOGI. Countries also highlighted the need for states to ensure equal application of existing human rights law to everyone irrespective of their SOGIE.

As expected, there was pushback from the floor on the SOGI IE’s presentation, notably by some states and conservative Christian religious groups. There was engagement by the Organization of Islamic Cooperation, which provided a statement on behalf of the OIC, minus Albania, noting the polarization of the creation of the mandate and recalling traditional values and cultural relativism in opposition to the recognition of SOGIE. This stance was echoed by classified LGBT-hate group C-Fam in their Friday Fax, which offensively called the SOGI IE an “LGBT Czar,” and claiming that the expert went beyond the mandate of resolution 32/2 in his research and documentation on violence and discrimination against LGBT individuals.

The SOGI IE’s report however is very much in line with his mandate and in line with the fundamental notions of human rights, equality, and that non-discrimination and a life free from violence are at the core of international human rights law and principles. These tenets are the foundations of UN treaties and are exemplified in the resolutions which led to the creation of the SOGI IE mandate, including in resolution 32/2. Decriminalization, anti-discrimination measures, gender identity recognition, destigmatization and depathologization, socio-cultural inclusion, and promotion of education and empathy of LGBTI people collectively lead to the de-escalation of violence against LGBTI people.

In understanding violence and discrimination against LGBTI persons, a holistic and intersectional approach must be taken, including an individual’s gender, age, race, ethnicity, ability, class, among others, and how they inhibit an individual’s rights to health, education, employment, and self-determination. Lack of access to these rights contributes to a lowered quality of life for LGBTI people, who already face marginalization.  

As civil society stakeholders, OutRight looks forward to continued engagement with the SOGI IE and to the ongoing momentum of his mandate.