Human Rights Council Hears Presentations on Iran and Nicaragua, Concludes Interactive Dialogue on the Situation of Human Rights in Eritrea
The Human Rights Council this afternoon started an interactive dialogue with the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity. It also concluded its interactive dialogue with the Special Rapporteur on the situation of human rights in Eritrea, and heard presentations on Iran and Nicaragua.
Graeme Reid, Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, presenting his first report, noted a concerning trend of ever-expanding restrictions on the human rights to freedom of expression, peaceful assembly and association, based on sexual orientation and gender identity. The report focused on the impact of discriminatory laws on people due to their sexual orientation or gender identity. Restrictive laws had proliferated in recent years, with at least 60 Member States restricting freedom of expression and 59 restricting peaceful assembly and association. The restrictions described in the report should be of serious concern to the Council and should prompt concerted multilateral actions by all Member States to remedy such violations.
Mr. Reid spoke about his predecessor's visits to the United Kingdom, Cambodia and the United States. Those countries took the floor as countries concerned.
In the discussion, some speakers thanked the Independent Expert for the presentation of his report and reiterated unwavering support for his work and critical mandate. Speakers reaffirmed their strong commitment to respect, protect, and fulfil the full and equal enjoyment of all human rights by all lesbian, gay, bisexual and intersex persons, including the rights to freedom of assembly and association and freedom of expression. The findings of the report were concerning and speakers said the proliferation of such policies needed to be countered.
At the beginning of the meeting, the Council concluded its interactive dialogue with the Special Rapporteur on the situation of human rights in Eritrea.
In the discussion on Eritrea, some speakers expressed concern about the human rights situation in Eritrea, which they said was not significantly improving. The report showed that the situation in Eritrea was marked by human rights violations, including stifling of civic space, systematic arbitrary detentions and enforced disappearances, torture, sexual and gender-based violence, and limited freedom of religion, expression and assembly. Some speakers welcomed the Eritrean Government's efforts to promote human rights and improve the socio-economic wellbeing of its people. They acknowledged the State's progress, including steps to reduce the use of the death penalty and increase access to health and education rights and social insurance, protect persons with disabilities, and reduce maternal and child mortality.
In concluding remarks, Mohamed Abdelsalam Babiker, Special Rapporteur on the situation of human rights in Eritrea, said the national military service urgently needed to be reformed. It discouraged students from completing their studies and was affecting children in terms of their education. There needed to be a national mechanism to combat cases of disappearance and detention. Civil society organizations needed to be supported. The Council needed to support the mandate and avoid polarisation. It was important that this mandate survived to help the Eritrean people.
During the meeting, the Council also heard presentations on Iran and Nicaragua.
Nada Al-Nashif, United Nations Deputy High Commissioner for Human Rights, presenting the report of the Secretary-General of the United Nations on the Islamic Republic of Iran, said the report noted with serious concern the high number of executions during the reporting period. According to information received, at least 834 individuals were executed in 2023, which represented a 43 per cent increase from the previous year. Especially troubling was the 84 per cent increase in executions for drug-related offenses in 2023, the highest figure in nearly a decade.
Iran, speaking as a country concerned, said it was opposed to selective mandates in the Human Rights Council. Such prejudicial approaches had nothing to do with the protection and promotion of human rights. Iran only implemented the death penalty for the most serious crimes. Many efforts had been made to reduce the number of crimes for which the death penalty was applied.
Ms. Al-Nashif also presented the oral update of the High Commissioner on the situation of human rights in Nicaragua. She said that, in the period since the last update to the Council in March this year, the human rights situation in Nicaragua remained of grave concern. The Government continued to expand undue restrictions on civic and democratic spaces, while deepening its control over the judiciary and using it to implement a systematic campaign of repression. Unlawful and arbitrary arrests were often followed by trials that did not meet basic guarantees of due process.
Nicaragua, speaking as a country concerned, said the State was systematically implementing strategies and mechanisms aimed at securing the human rights of all Nicaraguans. It focused on improving health, education, work, living conditions and peace and security within the State, in spite of the ongoing aggression and sanctions at the hands of the world's imperialists.
Speaking in the discussion on Eritrea were Norway on behalf of a group of countries, Venezuela on behalf of a group of countries, Gambia on behalf of a group of African States, Liechtenstein, Egypt, Sri Lanka, Luxembourg, France, Algeria, Ethiopia, Belgium, Djibouti, Saudi Arabia, China, Burundi, United States, Iran, Nigeria, Russian Federation, Belarus, Cyprus, Democratic People's Republic of Korea, Cuba, Yemen, United Kingdom, Ghana, Kenya, Venezuela, Sudan, Zimbabwe, Uganda, Cameroon, South Sudan, Ukraine, Nicaragua, Pakistan and Syria.
Also speaking were Jubilee Campaign, Christian Solidarity Worldwide, East Horn of Africa Human Rights Defenders Project, British Humanist Association, Physicians for Human Rights, Centre for Global Nonkilling, CIVICUS - World Alliance for Citizen Participation, War Resisters International and Amnesty International.
Speaking in the discussion on the Independent Expert's report were the European Union, Iceland, Chile and Portugal.
The Council also heard right of reply statements concerning the interactive dialogue on the High Commissioner's global update. Iraq, Cuba, Russian Federation, India, Belarus, Azerbaijan, China, Armenia, Democratic People's Republic of Korea, Indonesia, Israel, Pakistan, United Kingdom, Republic of Korea, Lebanon, Lithuania, Iran and Ukraine took the floor.
The webcast of the Human Rights Council meetings can be found here. All meeting summaries can be found here. Documents and reports related to the Human Rights Council's fifty-sixth regular session can be found here.
The Council will reconvene at 10 a.m. on Friday, 21 June, when it will continue its interactive dialogue with the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, before commencing an interactive dialogue with the Special Rapporteur on the human rights of internally displaced persons.
Interactive Dialogue with the Special Rapporteur on the Situation of Human Rights in Eritrea
The interactive dialogue with Mohamed Abdelsalam Babiker, Special Rapporteur on the situation of human rights in Eritrea, started in the previous meeting and a summary can be found here.
Discussion
In the discussion, some speakers, among other things, expressed concern about the human rights situation in Eritrea, which they said was not significantly improving. The report showed that the situation in Eritrea was marked by human rights violations, including stifling of civic space, systematic arbitrary detentions and enforced disappearances, torture, sexual and gender-based violence, and limited freedom of religion, expression and assembly. Thousands were in arbitrary detention. Speakers said that the Government had not sufficiently investigated reported cases of enforced disappearances. Eritrea lacked the institutional infrastructure necessary to promote access to justice and uphold the rule of law. There were also reports of the enrolment of children in the armed forces and human rights abuses by military officials being committed with impunity. Thousands of Eritrean refugees were fleeing from the forced national service system, which could amount to forced labour, the speakers said.
Some speakers said persons of religions outside of the country's four recognised religions were persecuted by the authorities in Eritrea. Eritrean authorities arrested Christian persons arbitrarily. Violations of the right to freedom of religion and belief continued across the country. One church leader had died after almost three years in arbitrary detention. Released persons had not been allowed to resume their studies.
The State needed to put an end to all human rights violations and provide increased space for civil society activities, some speakers said. They called for the cessation of indefinite, forced national conscription, respect for religious freedom and freedom of expression, and the release all persons who were arbitrarily detained. The international community needed to provide support for refugees who fled the forced national service system. Some speakers expressed support for the Special Rapporteur's mandate, called for its renewal, and called on the Eritrean Government to cooperate with it.
War crimes and crimes against humanity were being committed by Eritrean troops in northern Ethiopia, some speakers said. Conflict-related sexual violence in Tigray by Eritrean forces was widespread and systematic. The Government needed to implement measures to prevent and investigate crimes committed by Eritrean armed forces and hold perpetrators to account. Some speakers called for the Government to withdraw all troops from Eritrea. One speaker said that issues related to Ethiopia that had been included in the report were not relevant to the mandate.
Another speaker expressed concern regarding reports of torture and ill treatment of Djibouti nationals detained in Eritrea and called for the reports to be duly investigated and for reparations to be provided to victims.
Some speakers welcomed the Eritrean Government's efforts to promote human rights and improve the socio-economic wellbeing of its people. Speakers acknowledged the State's progress, including steps to reduce the use of the death penalty and increase access to health and education rights and social insurance, protect persons with disabilities, and reduce maternal and child mortality. Some speakers condemned the use of unilateral coercive measures, which destabilised and affected the development of many countries of the global South, including Eritrea. States presented measures that they were implementing to support States like Eritrea affected by unilateral coercive measures.
Some speakers expressed concern that the mandate did not have the consent of the country concerned, and that there were an increasing number of such mandates which were politically motivated and unproductive, and ran counter to the Council's mandate. They said that the Council needed to engage in dialogue with the country concerned. It needed to promote the principles of universality, transparency and respect for sovereignty, and oppose bias, politicisation, selectivity and double standards. The Council needed to terminate the mandate on Eritrea and focus on mechanisms to promote human rights and development in the country, these speakers said.
Some speakers welcomed Eritrea's recent participation in the Universal Periodic Review and said that the State was working to implement the recommendations it was issued through this process. Other speakers, however, expressed concern that Eritrea had not implemented the majority of these recommendations, and called on the State to implement them. Some speakers presented efforts to engage with the Eritrean Government and to support it to implement the recommendations of the Universal Periodic Review. Some speakers called on Eritrea to deepen engagement with the international community, including United Nations agencies, to strengthen human rights and promote development.
Speakers asked what the international community could do to support search and aid measures for families of victims of enforced disappearance; how Eritrean civil society could be protected domestically and abroad; how indefinite national service impacted the rights of the child; how States could strengthen the role of civil society on the ground; and how the international community could increase engagement with Eritrea.
Speakers also posed questions on prospects for a change to the status quo in Eritrea and how this could be encouraged; how the international community could ensure accountability for violations committed by Eritrean armed forces in Ethiopia; what could be done to bring attention to human rights violations in Eritrea; and steps to strengthen documentation and preservation of evidence related to human rights violations in Eritrea.
Concluding Remarks
MOHAMED ABDELSALAM BABIKER, Special Rapporteur on the situation of human rights in Eritrea, congratulated the Government of Eritrea regarding the annual celebration of Martyrs' Day. The Eritrean Government needed to understand that thousands of Eritreans had been disappeared since independence. It was hoped they would be considered on this Martyrs' Day. Mr. Babiker agreed on the need to encourage positive engagement by Eritrea with international mechanisms. It was important to understand what was meant by genuine cooperation. He had repeatedly engaged with the Government of Eritrea to respond and comment on his report, but he had never received a response. It seemed that the Council was still divided. A genuine dialogue for the sake of the Eritrean people and their human rights needed to be realised. Recommendations made by the Commission of Inquiry 10 years ago had not been implemented, nor were those from the third cycle of the Universal Periodic Review. Engagement needed to be genuine, and this included the implementation of recommendations.
Mr. Babiker said his mandate covered the situation of Eritrean asylum seekers and refugees globally, as well as those within Eritrea. The national military service urgently needed to be reformed. It discouraged students from completing their studies and was affecting children in terms of their education. Regarding transparency and accountability in Tigray, there was a need for a specific accountability mechanism. There needed to be a national mechanism to combat cases of disappearance and detention. Civil society organizations needed to be supported. The Council needed to support the mandate and avoid polarisation. It was important that this mandate survived to help the Eritrean people.
Presentation of the Secretary-General's Report on the Situation of Human Rights in Iran
Report
The Council has before it the report on the situation of human rights in the Islamic Republic of Iran(A/HRC/56/22).
Presentation of Report
NADA AL-NASHIF, United Nations Deputy High Commissioner for Human Rights, said the report of the Secretary-General on the situation of human rights in the Islamic Republic of Iran covered the period from 1 August 2023 to 31 March 2024. The report noted with serious concern the high number of executions during the reporting period. According to information received, at least 834 individuals were executed in 2023, which represented a 43 per cent increase from the previous year. Especially troubling was the 84 per cent increase in executions for drug-related offenses in 2023, the highest figure in nearly a decade. Minorities continued to be disproportionately affected by executions, with 20 per cent of all executions in 2023 affecting the Baluch minority. The report deplored the execution of two child offenders in 2023 and urged the Government to introduce an immediate moratorium on the death penalty and prohibit the execution of all offenders under the age of 18 at the time of the alleged crime. It was deeply regrettable that during the reporting period, two men were executed in relation to the September 2022 nationwide protests, bringing the total of those to nine.
Journalists and writers continued to be targeted in connection to their work. In 2023, at least 49 writers were imprisoned. Artists had also been targeted, including artist Toomaj Salehi, later convicted and sentenced for "corruption on earth" which carried the death penalty, over views expressed in the context of the 2022 protests. The report expressed continued concern in relation to the chastity and hijab bill, which sought to reinforce mandatory public hijab requirements for women and girls and introduced severe penalties for non-compliance. The report also highlighted the impact of the economic crisis on living conditions and access to health, food and water. Thirty thousand children with disabilities lacked access to primary education, while the law still permitted child marriages for girls as young as 13 and boys as young as 15.
The report welcomed the 28 November 2023 directive on "referring to international human rights conventions in judicial decisions" presented by the Deputy Head of the Judiciary, which instructed judges to align their decisions with the international human rights obligations of Iran. The report also noted the summary findings of the Special Committee tasked with investigating violations in the context of the 2022 protests. While efforts toward accountability were welcome, concerns remained over the independence of the Special Committee. The report noted a measure of interaction between the Special Committee and the Fact-Finding Mission, but regretted that the Government denied it access to the country. Following the renewal of the mandate of the Fact-Finding Mission by the Council, Ms. Al-Nashif called on the Government to cooperate fully with it, as well as with the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran. The Office stood ready to continue engagement with the Iranian authorities.
Presentation of the Oral Update of the High Commissioner on Nicaragua
NADA AL-NASHIF, United Nations Deputy High Commissioner for Human Rights, said that, in the period since the last update to the Council in March this year, the human rights situation in Nicaragua remained of grave concern. The Government continued to expand undue restrictions on civic and democratic spaces, while deepening its control over the judiciary and using it to implement a systematic campaign of repression. The Government's actions had resulted in a perverse negation of the rule of law, with all the institutions of the justice system being used to persecute its actual or perceived opponents.
Thirty individuals - five women and 25 men - had been arrested since March 2024 in the context of a crackdown on civic space. Overall, at least 23 women and 108 men were still detained in connection with the human rights crisis, according to civil society reports.
Unlawful and arbitrary arrests were often followed by trials that did not meet basic guarantees of due process. The Office of the High Commissioner had documented 11 virtual trials held without appropriate procedural guarantees since the last update to the Council in March 2024. In this environment of sustained repression, detained political opponents, indigenous and religious leaders, academics and intellectuals were held in inhumane prison conditions, adding to the suffering of victims and their families. Reports received by the Office included cases of detainees placed in prolonged isolation, without access to healthcare, medication, and hygiene items or to family visits. Women detainees were systematically denied sexual and reproductive healthcare services.
In some cases, the authorities had even refused to acknowledge the fact of detention, as in the case of National Assembly deputy and indigenous leader Brooklyn Rivera. Practices of incommunicado detention and enforced disappearance constituted serious human rights violations, putting the detainees' right to life and physical and mental integrity at serious risk. Such treatment could, in some circumstances, also amount to torture.
In another concerning trend, Nicaraguan authorities had pursued the active persecution of members and leaders of religious sects, attacking their institutions in contravention of the right to freedom of religion. The Office was informed about several Catholic celebrations cancelled during Holy Week due to fear of reprisals. In addition, since March 2024, eight associations attached to Evangelical churches had either ceased their activities under pressure or were stripped of their legal personality by the Ministry of Interior, bringing the total number of dissolved Evangelical associations to 311 since 2019. Eleven Evangelical leaders were arrested in December 2023 and had been deprived of access to their families or to a lawyer for nearly seven months. They were convicted of money laundering in trials that did not respect due process guarantees.
It was not too late. The deteriorating human rights situation in Nicaragua could still be reversed, and respect for the rule of law restored. Ms. Al-Nashif called on the authorities to immediately release all those arbitrarily detained; to allow communication and visits by lawyers and relatives to all persons in detention; and to restore the rights of all those arbitrarily deprived of their nationality.
Statements by Countries Concerned
ALI BAHREINI, Permanent Representative of Iran to the United Nations Office at Geneva, speaking as a country concerned, said Iran was opposed to selective mandates in the Human Rights Council. Such prejudicial approaches had nothing to do with the protection and promotion of human rights. The genuine promotion of human rights could be obtained through cooperation with countries concerned. Iran was determined to enhance cooperation with the High Commissioner for Human Rights. Iran would appear before the Committee on the Elimination of Racial Discrimination in an upcoming session and would actively participate in its next Universal Periodic Review cycle.
Iranians had been deprived of their economic, social and cultural rights due to unilateral coercive measures. It was of deep concern the human rights monitoring mechanisms were suffocated from dealing with this important issue. Iran had generously shared its resources with the thousands of refugees that it hosted from neighbouring countries.
Iran only implemented the death penalty for the most serious crimes. Many efforts had been made to reduce the number of crimes for which the death penalty was applied. Iran was committed to promoting and protecting human rights with respect to its cultural and religious heritage.
Iran would soon hold national elections, and the State would prove once again that it rigorously promoted democracy and the voice of the people.
WENDY MORALES URBINA, Attorney General of Nicaragua, speaking as a country concerned, said Nicaragua was systematically implementing strategies and mechanisms aimed at securing the human rights of all Nicaraguans. The State focused on improving health, education, work, living conditions, and peace and security within the State, in spite of the ongoing aggression and sanctions at the hands of the world's imperialists. In this context, the constant oral updates on the situation in Nicaragua sought to feed division, disinformation and aggression against a country that was trying to forge ahead.
The inputs of these updates came from a group that was part of a defined agenda that sought to make invisible Nicaragua's human rights advances. This progress had never been recognised by the Office of the United Nations High Commissioner for Human Rights, or by any group of experts. For those who understood Nicaragua's national reality, it was clear that these updates lacked value and credibility and therefore the country rejected them. Niagara asked the United Nations system to assume its true role in safeguarding the human rights of peoples, international law and peace among communities in the world.
Interactive Dialogue with the Independent Expert on Protection against Violence and Discrimination Based on Sexual Orientation and Gender Identity
Reports
The Council has before it the report of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, Graeme Reid (A/HRC/56/49). It also has before it the reports of the previous mandate holder, Victor Madrigal-Borloz, on his visits to the United Kingdom (A/HRC/56/49/Add.1), Cambodia (A/HRC/56/49/Add.2) and the United States (A/HRC/56/49/Add.3).
Presentation of Reports
GRAEME REID, Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, said it was an honour to present his first report to the Council as Independent Expert. He would also introduce three country reports compiled by his predecessor. Today, he would address the concerning trend of the ever-expanding restrictions on the human rights to freedom of expression, peaceful assembly and association, based on sexual orientation and gender identity. The report focused on the impact of discriminatory laws on people due to their sexual orientation or gender identity. These laws were often a precursor to other serious human rights violations. Restrictive laws had proliferated in recent years with at least 60 Member States restricting freedom of expression and 59 restricting peaceful assembly and association.
The report was particularly concerned about so-called "propaganda" laws, "promotion of homosexuality" laws, and "foreign agent" laws, which served to restrict the legitimate work of human rights defenders and their organizations. These laws all sought to restrict public expression of identities for lesbian, gay, bisexual and transgender individuals. In 2013 the Russian Federation passed the "gay propaganda" law, which made any neutral or positive expression of so-called nontraditional sexual relations in the presence of children an offense. In the years following the passage of the anti-gay "propaganda" law, several similar laws had been either proposed or enacted in Eastern Europe, Central Asia, and beyond. An odious law that was passed in Uganda in 2023, the Anti-Homosexuality Act, provided for the death penalty for what the law terms "aggravated homosexuality". Similar legislation was pending in the form of a bill in Ghana, which was passed by parliament, but had not been signed into law.
In many jurisdictions, laws including "foreign agent laws" had been used to restrict the ability of civil society groups, including lesbian, gay, bisexual, transgender and intersex groups, to register and operate or access funding. Their work or public presence was subject to criminal penalty. Hostile and inflammatory political rhetoric was often used to justify the imposition of restrictive laws, including that lesbian, gay, bisexual and intersex people represented a threat to children or the family. The restrictions described in the report violated universally accepted human rights around the globe and undermined democratic norms at a moment of increasing authoritarianism. This should be of serious concern to the Council and should prompt concerted multilateral actions by all Member States to remedy such violations.
On the positive side, many States had taken steps to ensure non-discrimination, and to protect freedoms of expression, peaceful assembly and association across the board. Civil society groups could and did function without unjustified restrictions in numerous jurisdictions. Many States had fulfilled their obligations to protect public-facing events, including pride marches, from predictable, hostile attacks. The report included recommendations to States to help protect the freedoms of expression, peaceful assembly and association.
Mr. Reid extended his thanks to Albania for having accepted his request for a country visit, which would take place in July.
The Independent Expert then introduced three country reports compiled by his predecessor, Victor Madrigal-Borloz. In April and May 2023, his predecessor undertook a country visit to the United Kingdom. The report focused on widespread concerns over toxic political discourse, and the specific impact on the rights of transgender people, among others. In January 2023, the mandate undertook a country visit to Cambodia. The report homed in on the social rejection faced by lesbian, gay, bisexual, transgender and intersex people in the context of families, as well as bullying in school, discrimination at work, and challenges accessing health care. In August 2022, the Independent Expert undertook a visit to the United States. His report noted protection gaps at the federal level and in aspects of social inclusion in relation to health, employment, education and housing. It also noted the negative effects of a plethora of regressive laws, including the so-called "Don't Say Gay or Trans" laws that had been proposed or enacted in several states.
Statements by Countries Concerned
Cambodia, speaking as a country concerned, said it noted the recommendations of the Independent Expert and welcomed his observations that there were no significant levels of violence and discrimination against people of diverse sexual orientation and gender identity in the State. Lesbian, gay, bisexual, transgender and intersex persons could exercise their rights without discrimination in Cambodia. The State party was devoted to recognising and promoting the rights of lesbian, gay, bisexual, transgender and intersex persons. These persons could organise ceremonies and exercise their rights to freedom of expression. National policies aimed to eliminate violence against lesbian, gay, bisexual, transgender and intersex persons. Ongoing efforts in close cooperation with relevant stakeholders had improved public solidarity with lesbian, gay, bisexual, transgender and intersex persons. There needed to be further awareness efforts to further promote harmony between people of different religious beliefs and diverse sexual orientation and gender identities.
United Kingdom, speaking as a country concerned, expressed gratitude to Victor Madrigal-Borloz for his visit to the United Kingdom. Such visits were crucial to the collective endeavour to upholding human rights and fundamental freedoms. The Independent Expert had been able to engage with senior officials and representatives of civil society organizations across the nation and had listened to different and diverse perspectives. The United Kingdom was committed to protecting lesbian, gay, bisexual, transgender and intersex persons from violence and hate. Its efforts were based on robust data collection and cooperation with national human rights institutes and civil society organizations, which were mandated to protect and promote human rights. The United Kingdom was committed to promoting the rights of all persons of diverse sexual orientation and gender identities.
United States, speaking as a country concerned, thanked the Independent Expert for presenting his report. The United States had appreciated the thoroughness in which he conducted his visit. The United States was a champion of all persons regardless of gender identity, and welcomed the scrutiny within the report. The State was not perfect and challenges remained. The United States was committed to progress and had taken steps since the Expert's visit, including a prohibition on sex discrimination, and strengthening protection for students and employees at federally funded schools. Work was being done to ensure immigration staff were trained on lesbian, gay, bisexual and intersex issues and ensuring those in detention who identified as lesbian, gay, bisexual and intersex individuals were treated fairly. Work was being done to ensure these persons could receive access to health care, free from discrimination, including for transgender youth seeking gender affirming care. Funding was being increased to improve mental health services for lesbian, gay, bisexual and intersex youth and to improve homelessness of this group. The State was working to end so-called conversion therapy practices in the United States and abroad. The State did not shy away from their flaws, but sought to improve.
Discussion
In the discussion, some speakers, among other things, thanked the Independent Expert for the presentation of his report, and reiterated unwavering support for his work and critical mandate. Speakers reaffirmed their strong commitment to respect, protect, and fulfil the full and equal enjoyment of all human rights by all lesbian, gay, bisexual and intersex persons, including the rights for freedom of assembly and association and freedom of expression. The work of the mandate was pivotal to support initiatives to ensure lesbian, gay, bisexual and intersex and gender-diverse people lived free from inequality, including when it comes to access to civic space.
The findings of the report were concerning, including that at least 60 Member States had laws that restricted the right to freedom of expression, and at least 59 States had laws that restricted the rights to freedom of peaceful assembly and association, based on sexual orientation and gender identity. The report highlighted that States increasingly imposed restrictions that stripped lesbian, gay, bisexual and intersex persons of their visibility and participation in the public sphere, solely based on their sexual orientation and gender identity. The extent, severity, and scope of these restrictions had escalated alarmingly across all regions, including laws that allowed for capital punishment.
Discriminatory restrictions included criminalising public displays of same-sex affection, adopting policies against comprehensive sexuality education, and refusing to register organizations that work on sexual orientation or gender identity. One speaker was particularly concerned with the misrepresentations of lesbian, gay, bisexual and intersex persons as a threat to children, the family or traditional values. These narratives often distracted attention from pressing violations of economic, social and cultural rights
The proliferation of such policies needed to be countered. Some speakers strongly condemned discriminatory laws, policies and practices, and discriminatory political discourse against lesbian, gay, bisexual and intersex persons, including the criminalisation of consenting same-sex relations and conduct. All stakeholders should combat these harmful measures. Speakers reiterated their solidarity with all lesbian, bisexual, transgender and intersex persons around the globe, resolutely advocating for their full and equal enjoyment of all human rights.
Questions asked to the Independent Expert included: how could restrictive laws and harmful rhetoric against lesbian, gay, bisexual and intersex persons be countered? What should States, tech companies and civil society do to ensure online safety for lesbian, gay, bisexual and intersex persons, in order to safeguard their human rights and protect persons from digital violence and hate speech? How could States support the development of laws, policies and practices aimed at fulfilling the rights of all to freedom of expression, peaceful assembly and association, including in the digital space?
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