1. 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

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

3. 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

4.  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)

5. 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

6. 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

7. 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

8. 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

9. 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 / Feb. 2014

10. 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 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 – 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

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

12. 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

13. 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

14. 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)

15. 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

16. 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

17. 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

18. 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)

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