1. Discrimination Against Sexual Orientation – Trend in Hong Kong Baig Raees Begum

2. Recent Development of the Government HKSAR Government ’ s position HKSAR Government ’ s position After legislation against racial discrimination which is in progress After legislation against racial discrimination which is in progress In the recent CESCR hearing in April 2005, the Government reported to the Committee members that it is progressing on anti-discrimination against sexual orientation. In the recent CESCR hearing in April 2005, the Government reported to the Committee members that it is progressing on anti-discrimination against sexual orientation. The Government emphasized the base of legislation is to gain a certain proportion of public support. The Government emphasized the base of legislation is to gain a certain proportion of public support. Government still made no any promise towards the legislation. Government still made no any promise towards the legislation.

3. Recent Development of the Government Sexual minorities forum Sexual minorities forum In September 2004, the Home Affairs Bureau started the first meeting of the sexual minorities forum. In September 2004, the Home Affairs Bureau started the first meeting of the sexual minorities forum. The purpose of the forum is to discuss relevant issues concerning sexual minorities among the Government, rights groups and sexual orientation concern groups. The purpose of the forum is to discuss relevant issues concerning sexual minorities among the Government, rights groups and sexual orientation concern groups.

4. Recent Development of the Government Setting up of Gender Identity and Sexual Orientation Unit Setting up of Gender Identity and Sexual Orientation Unit The Unit was established in May 2005. The aim is to enhance the equal opportunities for people of different sexual orientation. The Unit's functions are to – The Unit was established in May 2005. The aim is to enhance the equal opportunities for people of different sexual orientation. The Unit's functions are to – manage and monitor the Equal Opportunities (Sexual Orientation) Funding Scheme manage and monitor the Equal Opportunities (Sexual Orientation) Funding Scheme set up and maintain a hotline for enquiries and complaints set up and maintain a hotline for enquiries and complaints provide secretariat support to the Sexual Minorities Forum provide secretariat support to the Sexual Minorities Forum launch publicity and education programmes launch publicity and education programmes conduct research conduct research

5. Recent Development of the Government Launching public survey Launching public survey A telephone survey on public attitudes towards homosexuals would be conducted to: A telephone survey on public attitudes towards homosexuals would be conducted to: assess public awareness of different sexual orientations, including homosexuality, heterosexuality and bisexuality; assess public awareness of different sexual orientations, including homosexuality, heterosexuality and bisexuality; assess public attitudes towards homosexuals; assess public attitudes towards homosexuals; assess public acceptance of homosexuals in different contexts and situations; assess public acceptance of homosexuals in different contexts and situations; assess public attitudes towards the rights of homosexuals; assess public attitudes towards the rights of homosexuals; find out what can be done to address the problem of discrimination faced by homosexuals. find out what can be done to address the problem of discrimination faced by homosexuals. Start in July and the whole process would end in late 2005. Start in July and the whole process would end in late 2005.

6. International obligations Five of the six United Nations treaty bodies have declared that their respective treaties encompass sexual orientation rights. Five of the six United Nations treaty bodies have declared that their respective treaties encompass sexual orientation rights. International Covenant on Civil and Political Rights International Covenant on Civil and Political Rights International Covenant on Economic, Social and Cultural Rights International Covenant on Economic, Social and Cultural Rights Convention on the Rights of the Child Convention on the Rights of the Child Convention on the Elimination of All Forms of Discrimination against Women Convention on the Elimination of All Forms of Discrimination against Women Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

7. International obligations The UN Human Rights Committee has announced that “ sexual orientation ” is subsumed by the ICCPR ’ s protection against discrimination on the basis of “ sex. ” The UN Human Rights Committee has announced that “ sexual orientation ” is subsumed by the ICCPR ’ s protection against discrimination on the basis of “ sex. ” Meanwhile, the UN Committee on Social, Economic, and Cultural Rights has suggested that “ sexual orientation ” is a ground for protection that is subsumed by the ICESCR ’ s “ other status ” grounds. Meanwhile, the UN Committee on Social, Economic, and Cultural Rights has suggested that “ sexual orientation ” is a ground for protection that is subsumed by the ICESCR ’ s “ other status ” grounds.

8. International obligations The UN system has remarked upon Hong Kong ’ s failure to provide adequate protection for sexual minorities. The UN system has remarked upon Hong Kong ’ s failure to provide adequate protection for sexual minorities. In 2001, the UN Committee on Economic, Social, and Cultural Rights criticized Hong Kong for such inadequacies. It stated that “ the failure of the HKSAR to prohibit discrimination on the basis of sexual orientation ” is a “ principal subject of concern. ” In 2001, the UN Committee on Economic, Social, and Cultural Rights criticized Hong Kong for such inadequacies. It stated that “ the failure of the HKSAR to prohibit discrimination on the basis of sexual orientation ” is a “ principal subject of concern. ” In May of 2005, the UN Committee on Economic, Social and Cultural Rights repeated its criticism, stating that it “ wishes to reiterate in particular its concern [that]... present anti-discrimination legislation [in Hong Kong] does not cover discrimination on the basis of... sexual orientation. ” In May of 2005, the UN Committee on Economic, Social and Cultural Rights repeated its criticism, stating that it “ wishes to reiterate in particular its concern [that]... present anti-discrimination legislation [in Hong Kong] does not cover discrimination on the basis of... sexual orientation. ” In 1999, the UN Human Rights Committee similarly criticized Hong Kong: “ The Committee remains concerned that no legislative remedies are available to individuals in respect of discrimination on the grounds of race or sexual orientation. ” In 1999, the UN Human Rights Committee similarly criticized Hong Kong: “ The Committee remains concerned that no legislative remedies are available to individuals in respect of discrimination on the grounds of race or sexual orientation. ”

9. Local Responds Local responds towards anti sexual orientation discrimination movements could be divided into two sides – the supportive group and the oppositional group. Local responds towards anti sexual orientation discrimination movements could be divided into two sides – the supportive group and the oppositional group. Supportive group: human rights groups and gay/lesbian groups (tong chi community) Oppositional group: religious groups. Supportive group: human rights groups and gay/lesbian groups (tong chi community) Oppositional group: religious groups. Different and intensive actions has been launched by both sides, such as writing letters to HAB ( 一人 一信 ), public forums/workshops, publications. Different and intensive actions has been launched by both sides, such as writing letters to HAB ( 一人 一信 ), public forums/workshops, publications.