Human Rights Council – 50th Session

Joint Statement on behalf of ERC members

Interactive Dialogue with the Independent Expert on SOGI

Mr President,

I have the honor to deliver this statement on behalf of all 42 Member States of the Equal Rights Coalition, a cross-regional intergovernmental body dedicated to the protection of the rights of lesbian, gay, bisexual, transgender, and intersex (LGBTI) people and to promoting inclusive development in both member and non-member countries. The full list of ERC sponsors can be found in the online version.

The Equal Rights Coalition advances its mission of protecting and promoting the human rights of persons of diverse sexual orientations and gender identities globally by engaging with civil society organisations and multilateral agencies. In this endeavor, the work of the UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity has been of great value and importance.

We thank the Independent Expert for his report presented today on “the realization of the right to health in relation to Sustainable Development Goal No. 3”. This work is a clear example of the important role of this mandate in shedding light on specific human rights situations of LGBTI and gender diverse persons and helping Member States to improve their legislation and policies to leave no one behind.

Over the past six years, the mandate holders have engaged in constructive dialogue with Member States and civil society as well as other UN human rights mechanisms, providing technical assistance, capacity-building and international cooperation to combat violence and discrimination based on sexual orientation or gender identity.

Despite progress towards equality, discrimination continues in all regions of the world and there is still more work that needs to be done to advance the human rights of LGBTI. We therefore strongly support the resolution that will be tabled in this session to, once again, renew the mandate of the Independent Expert.

Mr President,

The Universal Declaration of Human Rights clearly states that “all human beings are born free and equal in dignity and rights”.

This is the ultimate goal of this mandate, to ensure that no one is subjected to violence and discrimination on any grounds, including because of their sexual orientation and gender identity. These are core principles that should guide the work of this body. We therefore call on all Council Members to support the renewal of the mandate of the Independent Expert on SOGI and on all Member States to keep working in collaboration with this important Mandate.

Thank you.

ERC member states:

Albania; Argentina; Australia; Austria; Belgium; Cabo Verde; Canada; Chile; Costa Rica; Cyprus; Czech Republic; Denmark; Ecuador; Estonia; Finland; France; Germany; Greece; Iceland; Honduras; Ireland; Israel; Italy; Lithuania; Luxembourg; Malta; Mexico; Montenegro; Netherlands; New Zealand; North Macedonia; Norway; Portugal; Serbia; Slovenia; Spain; Sweden; Switzerland; Ukraine; United Kingdom; United States of America; Uruguay.

The Equal Rights Coalition (ERC) is pleased to join governments and civil society around the world to commemorate the International Day against Homophobia, Biphobia, Intersexphobia and Transphobia (IDAHOBIT).

On this day, the Equal Rights Coalition reiterates its commitment to the full enjoyment of human rights for all, no matter people’s sexual orientation, gender identity and expression, and sex characteristics. We will continue to step up our efforts in combatting homophobia, biphobia, intersexphobia, and transphobia, and in promoting the full and equal enjoyment of human rights and dignity of all human beings. The ERC will continue to work for decriminalization of consensual same-sex sexual conduct and gender identity and expression until everyone can be who they are, love who they love, and participate in society in a full, equal and safe manner.

This year´s IDAHOBIT theme “Our Bodies, Our Lives, Our Rights” underlines what LGBTIQ+ communities worldwide are experiencing: that people with diverse sexual orientation, gender identity and expression, and sex characteristics face violence, stigma and exclusion based on their bodies and their lives. The global anti-gender and anti-LGBTIQ+ pushback is exacerbating this trend. ERC states will continue to unite to combat this global pushback and defend human rights for all globally.

As we continue to consolidate our alliance, we want to take a moment to commemorate IDAHOBIT and draw the world’s attention to what needs to be done before we can all live in freedom and equality. And to celebrate proudly the power of diversity, which makes our societies more resilient, healthy and prosperous.

Equal Rights Coalition co-chairs: Argentina; United Kingdom

The Equal Rights Coalition strongly condemns the war of aggression by the Russian Federation against Ukraine. Russia’s war of aggression against Ukraine, with the involvement of Belarus therein, grossly violates international law. Its humanitarian consequences are on a scale that the international community has not seen in Europe in decades. The Equal Rights Coalition is appalled by the aggression against one if its member states and expresses its solidarity with the Ukrainian government and the Ukrainian people. The Equal Rights Coalition aligns itself with United Nations General Assembly resolutions A/ES-11/L.1 and A/RES/ES-11/2 and the Human Rights Council resolution A/HRC/49/L1.

As the aggression against Ukraine intensifies, this severely impacts the LGBTI community in Ukraine and neighboring countries. As the United Nations Independent Expert on the protection from violence and discrimination based on sexual orientation and gender identity noted in his statement of 22 March, there is deeply concerning evidence about the additional dangers faced by LGBTI persons seeking protection during this time. Those who identify or are perceived as LGBTI are vulnerable to acts of stigmatization, harassment and violence from both combatants and civilians. The Equal Rights Coalition calls on all actors to protect the safety, dignity, human rights and fundamental freedoms of people fleeing the conflict and violence regardless of their sexual orientation, gender identity or expression or sex characteristics.

In this context, it is essential for all stakeholders working on protecting forcibly displaced persons to recognize and respond to the exposure to risk and protection needs of LGBTI refugees, asylum seekers, internally displaced and undocumented people. As the UN Independent Expert noted, in armed conflicts, LGBTI displaced persons are often marginalized or excluded from established evacuation and emergency response services and processes. Civil society organizations that serve LGBTI displaced persons already have the specialized knowledge on how sexual orientation, gender identity or expression, or sex characteristics create specific exposures to risk during conflict, and know how to respond to these risks and needs accordingly. The Equal Rights Coalition affirms its commitment to pay attention to the vulnerability and protection needs of LGBTI persons who have been forcibly displaced, and will continue to engage with civil society on how best to support Ukrainian LGBTI human rights defenders and communities.

The Coalition recalls its unwavering support to the sovereignty, territorial integrity, and independence of Ukraine within its internationally recognized borders and to the urgent need for protection of LGBTI persons in these unprecedented times.

Equal Rights Coalition members who are co-signatories:

Albania; Argentina; Australia; Austria; Belgium; Canada; Chile; Cyprus; Czech Republic; Denmark; Estonia; Ecuador; Finland; France; Germany; Greece; Iceland; Ireland; Israel; Italy; Lithuania; Luxembourg; Malta; New Zealand; North Macedonia; Norway; Portugal; Spain; Sweden; Switzerland; The Netherlands; United Kingdom; United States; Uruguay

On the occasion of the Summit for Democracy, the undersigned members of the Equal Rights Coalition (ERC) affirm that the revitalization of democracy within our own nations and around the world is essential to promoting and protecting human rights, especially for those in the most vulnerable situations including lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons. Threats to the rule of law, rising levels of inequality, authoritarianism, and corruption are eroding democracy in every region, with grave consequences for the LGBTI community, among others. Persistent criminalization of LGBTI status and ongoing violence and discrimination undermine the possibility of LGBTI persons to fully participate in democratic and political processes.

Members of this Coalition affirm our interest to work together over the coming year to support and empower the participation of LGBTI persons in the full range of democratic processes, including elections; political campaigns; civil society advocacy and oversight; journalism and independent reporting; and political leadership. We also recognize certain members of the community, such as transgender and intersex individuals, may face particular challenges as they seek to participate in political processes. We pledge to identify and respond to these challenges in close collaboration with members of the LGBTI community.

We reaffirm that open societies connect individuals to knowledge that they need to advocate and affirm their human rights. Democratic renewal is vital for progress on human rights and ensuring the fundamental freedom of all persons, no matter who they are or whom they love. Over the coming year and beyond, we commit to work together to promote democracy and create a world where all people are free and equal.

Equal Rights Coalition members who are co-signatories:

Albania, Argentina, Australia, Belgium, Cabo Verde, Canada, Chile, Denmark, Estonia, Finland, Germany, Greece, Iceland, Italy, Lithuania, Luxembourg, Malta, Mexico, The Netherlands, New Zealand, North Macedonia, Norway, Portugal, Serbia, Sweden, United Kingdom, United States of America, Uruguay

Factsheet on legal recognition of gender identity – human rights standards and good practices – produced by the National Laws and Policies Thematic Group. The factsheet is open for feedback, and was produced to accompany a webinar on the topic, as a resource for states to improve legal gender recognition in their countries, and for civil society and other stakeholders working on this issue.

To download the factsheet kindly click here.

We, the undersigned civil society organizations participating in the Equal Rights Coalition, present this Statement on the occasion of the ERC Meeting held July 6-7, 2021.

The meeting is taking place in a challenging time for LGTBI+ people, affected by COVID-19 and its consequences, as well as by the aggravation of political situations in several countries, the persistence of stigma, discrimination, and violence, and the impact of climate change.

We celebrate the new ERC Strategy and express our support of its Five-Year Implementation Plan. They have the potential to provide a shared framework for Member States and multilateral institutions, in collaboration with each other and with stakeholders in civil society and other sectors, to progress human rights and inclusive development for LGBTI+ people globally. At the same time, we consider it necessary to highlight those issues that persistently challenge the ERC’s role and the achievement of its aims.

Click here to access the declaration

Speeches given by the ERC Civil Society Co-Chairs for the 2019-2022 period – Phyll Opoku-Gyimah (Executive Director, Kaleidoscope Trust), Andrea Rivas (President, Asociación Familias Diversas de Argentina) and Nancy Kelley (CEO, Stonewall Equality) – at the Equal Rights Coalition online conference, held on 6-7 July 2021.

You can access the text by clicking here.

Since its establishment in 2016, the Equal Rights Coalition (ERC) has worked to bring together governments and civil society in pursuit of a common goal to advance the human rights of all people, and to ensure their inclusive development, regardless of their sexual orientation, gender identity or expression, and sex characteristics. We must leave no one behind.

As we continue to consolidate our alliance, the ERC co-chairs, Argentina and the UK, have launched the ERC’s first Strategy and Five-Year Implementation Plan. The new Strategy seeks to guide, shape and re-energise the work of the ERC to ensure that it meets its considerable potential to advance LGBTI equality.