Workshop on the Role of NHRIs in Promoting & Protecting rights, including health, of LGBTI persons in Asia and the Pacific 25 February 2015 United Nations Conference Centre, Bangkok, Thailand Fanny Gómez Lugo Staff Attorney, IACHR Rapporteurship for the Rights of Lesbian, Gay, Bisexual, Trans and Intersex Persons Inter-American Commission on Human Rights

Inter-American Commission Inter-American Human Rights System Inter-American Commission on Human Rights Inter-American Court on Human Rights

The autonomous human rights organs of the OAS Mandate: To Protect and Promote HRs Foundational Instrument: The OAS Charter Jurisdiction: 35 member states HQ: Washington DC, USA Inter-American COMMISSION on Human Rights Mandate: Adjudicatory and Advisory Foundational Instrument: ACHR Jurisdiction: 23 ratifying states, 21 that have accepted its jurisdiction HQ: San José de Costa Rica, Costa Rica Inter-American COURT of Human Rights

 1959 Promote and protect human rights in the American hemisphere. Inter-American Commission on Human Rights  1959 Promote and protect human rights in the American hemisphere. OAS Charter (1948) American Declaration of the Rights and Duties of Man (1948) American Convention on Human Rights (1969)

The Pillars of work of the IACHR Individual petition system Admissibility & Inadmissibility Reports Merits Reports Friendly Settlement Submit cases to the Inter-American Court and appear before it Monitoring human rights situation in States Onsite Visits Annual Reports Country Reports Thematic Hearings Country Rapporteurships Precautionary Measures Priority thematic areas Rapporteurships & Units Thematic Reports Onsite visits Case Reports

2008 AG.RES 2435 2009 AG.RES 2504 2010 AG.RES 2600 2011 AG.RES 2653 OAS GENERAL ASSEMBLY RESOLUTIONS ON HUMAN RIGHTS, SEXUAL ORIENTATION, GENDER IDENTITY AND GENDER EXPRESSION The result of the work of the Coalition of LGBTTTI organisations of the Americas and the General Assembly 2008 AG.RES 2435 2009 AG.RES 2504 2010 AG.RES 2600 2011 AG.RES 2653 2012 AG.RES 2721 2013 AG.RES 2807 2014 AG.RES 2863

OAS General Assembly Resolutions 2008-2012 2010 States told to ensure equal access to justice States encouraged to find ways to combat discrimination based on SOGI 2008 Concern acts of violence and hr violations because of SOGI 2009 Condemns violence and hr violations Investigate and bring to justice adequate protection for hr defenders IACHR pay attention to issue 2012 - eliminate barriers in access to political participation and to other areas of public life and to prevent interference in their private life - IACHR asked to prepare a study on laws restricting the human rights of individuals because of SOGI and guidelines aimed at promoting decriminalisation of same-sex intimacy 2011 - public policies against SOGI-based discrimination - IACHR asked prepare a hemispheric report

OAS General Assembly Resolutions 2013 & 2014 Steps forward - Sexual orientation, gender identity and gender expression - States urged to afford appropriate protection to intersex people and to implement policies and procedures, as appropriate, to ensure medical practices that are consistent with applicable human rights standards - States encouraged to produce data on homophobic and transphobic violence, with a view to fostering public policies that protect the human rights of LGBTI persons Push back –“footnotes” dissenting from the consensus, from several countries in the region about terminology used and other matters

2 1 4 3 The LGBTI Rapporteurship Tracy Robinson, IACHR Chair and Rapporteur on LGBTI Rights 1 2 3 GENERAL MONITORING and VISIBILITY 4 TECHNICAL ADVICE THEMATIC REPORTS PETITIONS and CASES Rapporteurship for the Rights of Lesbian, Gay, Bisexual, Trans and Intersex Persons (Unit) Created: November 2011 (Unit) Fully Operational: February 2012 (Rapporteurship): Nov. 2013 / Feb. 2014

What is ahead of us? Cases – approx. 50 The LGBTI Rapporteurship What is ahead of us? Cases – approx. 50 Violence Killings of trans women and alleged lack of adequate investigation Torture, including rape, by the police during detention of LGBT persons Criminalization Criminalization same sex sexual intimacy between consenting adults and gender identity Family life and partnership recognition Irregularities in adoption process based on sexual orientation Denial of right to pension of deceased partner (Oct 2014 - sent to the I/A Court) Employment issues Teacher dismissed because of her sexual orientation Man dismissed from the Army because of same sex sexual act (Dec. 2014 – sent to the I/A Court) Children and adolescents Discrimination against an 11 year old at school on the basis of perceived sexual orientation Right to identity for Trans Persons 2 PETITIONS and CASES

REQUEST FOR INFORMATION The LGBTI Rapporteurship 3 GENERAL MONITORING and VISIBILITY REQUEST FOR INFORMATION PUBLIC HEARINGS ONSITE VISITS SOCIAL MEDIA CAMPAIGN PRESS RELEASES

30+ 3 3 The LGBTI Rapporteurship Comisionidh PUBLIC HEARINGS GENERAL MONITORING and VISIBILITY 30+ Public Hearings on LGBTI issues Violence against Trans People in El Salvador Human Rights Situation of Trans Persons of African Descent in Brazil Discrimination Based on Sexual Orientation and Gender Identity and Violence against Children in Guyana Situation of Human Rights of LGBTI Indigenous Persons in the Americas Situation of Human Rights of Intersex Persons in the Americas Situation of Human Rights of Lesbian Women in the Americas PUBLIC HEARINGS Comisionidh

3 The LGBTI Rapporteurship Communication strategy GENERAL MONITORING and VISIBILITY 50+ Press Releases since 2012 Visibility Impact Mostly violence initially Evolved overtime to include advances and progresses by OAS Member States in matters of legislation, and public policy. Recognizing differences between levels of development with respect to LGBTI issues in different countries: for example in certain countries, just positive statements from primer ministers or ministers in countries where homosexuality is criminalized might be progress. The IACHR has recognized this through press releases. PRESS RELEASES

3 3 The LGBTI Rapporteurship Social Media Campaign 2 weeks: 10 postings 3 videos 925,000 persons 6,500 more users 3 3 GENERAL MONITORING and VISIBILITY (raising awareness)

Follow-up Report monitoring compliance The LGBTI Rapporteurship Visits JAMAICA 1 2 3 4 Follow-up Report monitoring compliance ON SITE VISIT COUNTRY REPORT FOLLOW-UP HEARINGS (2) 2015 (2014 Annual Report) 2008 2012 2014

4 The LGBTI Rapporteurship TECHNICAL ADVICE Techincal advise to OAS Member States and OAS Political Bodies General Assembly resolutions Legislation Public Policy Dialogue with OAS Representantives and Ambassadors on Sexuality and Diversity with an academic from T&T. April 2014

National Human Rights Institutions Relationship between IACHR and NHRIs National Human Rights Institutions Provide info to the IACHR on human rights violations Onsite visits to countries Public hearings Example / Impact: Follow-up to Guatemala 2012 Public Hearing: Inter-institutional committee for the development of LGBTI related public policy Questionnaires for reports e.g. Violence against LGBTI persons Report: responses by NHRIs in Nicaragua and Venezuela NHRIs

National Human Rights Institutions in the Americas and LGBTI Rights: some examples Specialized units or offices for the protection of HRs of LGBTI Persons (Nicaragua, Guatemala, Venezuela?) Training of police and law enforcement agents on LGBTI rights (Costa Rica, Nicaragua, Venezuela) Included SOGI as indicator for data collection purposes in complaint forms to be filed before the NHRIs (Guatemala, Venezuela) Press Releases or public statements about specific cases regarding discrimination against LGBT persons by the Judiciary, the media, the Executive (Colombia, Ecuador, Peru) Other measures: documentation of HRs violations of LGBT persons in several reports (Mexico); monitoring of ministries of education, health and families regarding discrimination against LGBTI persons (Nicaragua); raising-awareness campaigns and initiatives (Costa Rica, Mexico, Nicaragua, Venezuela)

Fanny Gómez Lugo fgomez@oas.org ¡Muchas Gracias! Fanny Gómez Lugo fgomez@oas.org www.cidh.org