The undersigned members of the Equal Rights Coalition (ERC) call on all governments to limit the repercussions of the COVID-19 pandemic on people identified based on real or perceived sexual orientation, gender identity or expression, or sex characteristics.

The current pandemic of the coronavirus (COVID-19) affects us across all regions and poses an unprecedented threat to public health, socio-economic conditions and the livelihoods of many people. Although the virus may seem to strike indiscriminately, its spread and consequences along with measures taken to combat the pandemic affect specific groups differently depending on existing inequalities and exclusion mechanisms in societies and power structures, leaving the most marginalized even more vulnerable. Lesbian, gay, bisexual, transgender and intersex (LGBTI) persons are amongst the most marginalized and excluded because of historic and ongoing stigma, discrimination, criminalization and violence against them, and they are and will continue to be among those most at risk during this crisis.

LGBTI persons often experience discrimination and stigmatisation in health care systems. As a result, they might decide to delay seeking medical care and live in a state of compromised health. Discrimination can affect access to medication, hormonal treatment and gender affirming care as well as care for other pre-existing chronic illnesses, potentially making LGBTI persons particularly at risk of enduring serious health complications or facing death because of COVID-19. Many LGBTI persons lack family or community support and face high levels of violence and poverty, and increased rates of homelessness and unemployment. The confinement measures can also lead to a rise of domestic violence motivated by sexual orientation and gender identity.

Government measures to combat the pandemic must be lawful, and should be proportionate, necessary, of a temporary nature and take into consideration the disproportionate impact on specific populations or marginalized groups. These measures should be in line with the 1984 Siracusa Principles on the conditions that enable governments to restrict human rights during a public health emergency. This crisis should not be a justification to impose new constraints on or to scapegoat LGBTI persons.

The undersigned members of the ERC call on all governments to ensure that their measures to combat the COVID-19 pandemic consider the specific impact on LGBTI persons. The members also call on all governments to ensure that all policies related to the pandemic, including access to health care, information, housing, and financial and economic support, take into account LGBTI persons’ needs in a proactive and non-discriminatory way, in line with the statement by the UN High Commissioner for Human Rights. The members further call on donor governments to ensure humanitarian relief efforts and funds include a response to the specific needs of marginalized communities, such as LGBTI persons, by involving community-based organisations in their response and implementation.

Co-signatories:

Albania, Argentina, Australia, Austria, Belgium, Canada, Cape Verde, Chile, Costa Rica, Cyprus, Czech Republic, Denmark, Ecuador, Finland, France, Germany, Greece, Iceland, Ireland, Israel, Italy, Lithuania, Luxembourg, Malta, Mexico, Montenegro, the Netherlands, New Zealand, North Macedonia, Norway, Portugal, Serbia, Slovenia, Spain, Sweden, Switzerland, the United Kingdom, Uruguay

The undersigned members of the Equal Rights Coalition (ERC) express profound dismay at the decision of Brunei to fully implement its revised Penal Code. As part of the full implementation which became effective on April 3, 2019, provisions have been introduced prescribing a range of penalties including amputation of limbs, whipping and stoning to death for specific acts identified as offences in the Code. The acts that are punishable by means of these penalties include robbery, rape, adultery and engaging in same-sex sexual conduct.

These extreme penalties raise serious concerns in light of Brunei’s international human rights obligations and commitments, including those relating to the prohibition of torture and other cruel, inhuman or degrading treatment or punishment and the right to equal protection of the law without discrimination. They also have a detrimental impact on a number of vulnerable groups in Brunei, including lesbian, gay, bisexual and transgender (LGBT) persons, women and children. The new provisions exacerbate the marginalization of persons belonging to these groups and increase the risk that they will be exposed to discrimination, persecution and violence, even if they are not prosecuted for having violated the Code.

The ERC affirms that all people are entitled to respect for their human rights, without distinction. We urge the government of Brunei to repeal the new penalties, and to ensure that any measures that are introduced are consistent with Brunei’s international human rights obligations and commitments.

Co-signatories:

Albania, Argentina, Australia, Austria, Belgium, Canada, Cape Verde, Chile, Costa Rica, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Iceland, Israel, Italy, Lithuania, Luxembourg, Malta, Mexico, Montenegro, the Netherlands, New-Zealand, Norway, Portugal, Slovenia, Spain, Sweden, Switzerland, United Kingdom, United States of America, Uruguay

The undersigned members of the Equal Rights Coalition (ERC) express their deep concern about recent reports concerning a renewed wave of persecution of LGBTI persons in Chechnya. These reports indicate that in recent weeks, at least 40 LGBTI individuals have been detained. It has also been reported that two individuals have died as a result of torture.

Over the past two years, persecution of the LGBTI community in Chechnya has repeatedly surfaced as an issue of significant international concern. In 2017, ERC members called on Russian federal authorities to act urgently to investigate and address alleged targeting of the Chechen LGBTI community in the face of reports of arbitrary detention, torture and killing of gay men. The report of the OSCE Moscow Mechanism Rapporteur on alleged human rights violations and impunity in the Chechen Republic, released late last year, confirmed allegations of extensive human rights abuses occurring there since January 2017, including successive purges against LGBTI persons.

Today, we again call on the Russian authorities to take urgent action in response to this latest wave of reported violations of the human rights of LGBTI persons in Chechnya. All persons who have been detained based on their sexual orientation or gender identity and who currently remain in custody should be released immediately. There should also be a swift, thorough and impartial investigation into the alleged persecution, arrests and torture of LGBTI persons and any deaths that have resulted. Those who have directed and carried out these acts must be held responsible.

We will continue to call on the Russian government to ensure that LGBTI individuals in Chechnya are treated as equal members of society and benefit from equal protection of the law, in accordance with Russia’s constitutional guarantees and its international human rights obligations.

Co-signatories:

Albania, Argentina, Australia, Austria, Belgium, Canada, Cabo Verde, Chile, Costa Rica, Czech Republic, Denmark, Estonia, Finland, France, Germany, Iceland, Lithuania, Luxembourg, Malta, Montenegro, the Netherlands, New Zealand, Norway, Slovenia, Spain, Sweden, Ukraine, the United Kingdom, the United States, Uruguay

The undersigned members of the Equal Rights Coalition (ERC) welcome the unanimous ruling of the Supreme Court of India on 6 September 2018 decriminalizing consensual same-sex relations between adults in India. This decision is an historic step for the advancement of the human rights of lesbian, gay, bisexual and transgender (LGBT) persons in India. In declaring the ban on same-sex conduct under Section 377 of the Indian Penal Code to be unconstitutional, the Indian Supreme Court has taken a positive step in recognizing the rights of LGBT persons under the Indian Constitution, including the right to equality before the law.

We welcome this important contribution of the Court towards the objective of ensuring that LGBT persons in India, a country with one of the world’s largest national populations, are treated as full and equal members of society. We also recognize and applaud the work of LGBT civil society advocates in India, whose efforts have been instrumental in bringing about this ruling after a long and difficult struggle.

ERC members remain concerned that more than 70 countries maintain discriminatory laws that criminalize consensual same-sex relations between adults. Decriminalization is an essential step to uphold dignity for all and reduce violence and discrimination targeting lesbian, gay, bisexual, transgender and intersex (LGBTI) persons. We hope that the example set by the Indian Supreme Court will be followed in other countries, and we encourage governments that have not yet pursued decriminalization of same-sex conduct to undertake legal reforms. As we affirmed at the 2018 ERC Global Conference on LGBTI Human Rights and Inclusive Development, ERC members are committed to sharing best practices among governments and civil society organizations to promote the universal decriminalization of LGBTI status or conduct.

Co-signatories:

Albania, Argentina, Australia, Belgium, Canada, Cape Verde, Chile, Costa Rica, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Iceland, Israel, Italy, Lithuania, Luxembourg, Malta, Mexico, the Netherlands, New-Zealand, Norway, Portugal, Slovenia, Spain, Sweden, Switzerland, United Kingdom, United States of America, Uruguay

Report of the Side Event to the Conference “Leave No One Behind: the Equal Rights Coalition Global Conference on LGBTI Human Rights”.

The side event was organized into four moderated panel discussions, each followed by an opportunity for other participants to contribute to the discussion. This report is intended to highlight key refections that were shared during each panel; provide a list of recommendations offered by panellists and participants; and pose a number of outstanding questions for further exploration by the working group. While a variety of challenges and successes were shared and discussed, key themes of the side-event included:

  • The need to better understand and map the various mechanisms through which funding can be channelled to the grassroots – including various government funding mechanisms and funding intermediaries.
  • The need to balance funding for dedicated LGBTIQ work with an approach of mainstreaming LGBTIQ issues into broader funding programs.
  • The need to leverage the working group in documenting best practices in funding LGBTIQ human rights programming to both inform current donors and to engage new donors.

To access the report, kindly click here.

We, ministers and representatives of the member countries of the Equal Rights Coalition, have come together in Vancouver, British Columbia, Canada, on August 5-7, 2018, and pledged to work together to build a world where the human rights and fundamental freedoms of all are respected and where no one is left behind, regardless of sexual orientation, gender identity or expression, or sex characteristics. We recognise with regret that – on the 70th anniversary of the Universal Declaration of Human Rights – LGBTI persons continue to face human rights abuses and violations around the world.

These human rights abuses and violations – which we condemn unequivocally – include discrimination, violence and arbitrary arrests, on the basis of real or perceived sexual orientation, gender identity or expression, or sex characteristics.

Since our founding in Montevideo, Uruguay, in July 2016, we have worked together to take action – through public pronouncements and diplomatic intervention – when we have witnessed lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons facing abuses and violations of their human rights.  At the same time, we have welcomed the positive steps made by governments, legislatures, and courts around the world in combating discrimination and strengthening protections for the human rights of LGBTI persons.

If no one is to be left behind, there is work that remains to be done – including in our own countries.  Progress can best be achieved through education, dialogue, awareness raising, advocacy efforts, cooperation, and recognition of our universal, indivisible, and interdependent human rights.  We will continue to encourage innovative and effective policy and assistance approaches tailored to the needs and experiences of diverse communities and to work closely with civil society organizations and all relevant stakeholders in our efforts.

Since our founding, we have welcomed into our Coalition ten new member countries:  Albania, Australia, Cabo Verde, Cyprus, Denmark, Iceland, Israel, Lithuania, Luxembourg, and Malta.

We recognize that our meeting takes place on the traditional territory of the Musqueam, Squamish and Tsleil-Waututh Nations.  We have been welcomed here, along with our partners from civil society, from multilateral organizations, and from other stakeholder groups, whose contributions form an integral part of the work of the Coalition.

Our discussions in Vancouver build on our shared principles and on our collective efforts to date.  We commit to respect and protect the human rights and fundamental freedoms proclaimed in the Universal Declaration of Human Rights, which lie at the heart of the international rules-based order.  We recognise that the rights and freedoms enshrined in international human rights law apply equally to all individuals, including LGBTI persons, without distinction of any kind. We have renewed the pledges we made when we signed the Founding Principles first put forward in Montevideo.

We have all pledged to work toward and support successful sustainable development. We recognise that LGBTI persons must be meaningfully engaged in inclusive development efforts and must benefit from these efforts in a non-discriminatory manner.

We share the conviction that inclusive and human-rights-based policy and development approaches that respect diversity help to build more resilient, prosperous, and successful societies.  Our discussions served to strengthen that conviction. We heard from two-spirit and other LGBTI Indigenous persons about their lived experience.  We examined the importance of linguistic and cultural factors in building communities and enhancing collaboration between individuals and organizations, including those using the French and Spanish languages.  We redoubled our efforts to address the distinct needs and experiences of intersex persons, of transgender and gender-diverse persons, and of lesbian and bisexual women.  We recognise that LGBTI persons may face multiple and intersecting forms of discrimination, including on the basis of their ethnicity, religion, age, or ability, among other grounds.

We are committed to making real progress for LGBTI persons — including youth — that leaves no one behind.  We have therefore worked with partners to identify practical elements of a way forward.  We explored innovative roles for the private sector and highlighted the central importance of data and measuring progress in supporting inclusive development and advocacy for the human rights of LGBTI persons.  We evaluated contemporary strategies for advancing movement-building, intersectionality, and human rights in HIV/AIDS programming.  We looked at the power of multi-sector responses to hate crimes, violence, and other human rights violations and abuses targeting LGBTI persons.  We discussed the specific challenges of young LGBTI persons in accessing good quality and relevant education and health services, and the importance of listening to and supporting LGBTI youth.  We also discussed the crucial roles of education and faith in inclusive development and LGBTI advocacy, and the need for strengthened engagement with teachers and faith leaders at the community level.

Our Coalition has worked since its founding to put in place an action-oriented program of work and multi-sectoral teams to make our goals a reality.  Our discussions in Vancouver with civil society partners, multilateral organizations, and other stakeholders have enriched the Coalition’s vision for our future work.

Based on our deliberations at the Global Conference, we make the following commitments:

  • We commit to advancing the work of the ERC by further strengthening its collaboration with its key partners, including civil society, international organisations, multilateral agencies, academia, the private sector and all others working to promote and protect the human rights and fundamental freedoms of LGBTI persons;
  • We commit to advocating for equal respect, protection, and promotion of the human rights and fundamental freedoms of LGBTI persons, including in cases where they are at acute risk;
  • We commit to ensuring our strategies for advancing sustainable development are informed by the experiences of LGBTI persons through consultation with LGBTI civil society organizations, including in our planning and reporting;
  • We commit to increasing the overall quantity and quality of assistance dedicated to protecting and promoting the human rights and inclusive development needs of LGBTI individuals, communities and organizations;
  • We commit to strengthen relations with the private sector and to work together to foster in all sectors of society, including the workplace, the human rights of LGBTI persons;
  • We commit to sharing best practices among governments, legislators, and civil society organizations to promote the universal de-criminalisation of LGBTI status or conduct and the strengthening of protections against discrimination based on sexual orientation, gender identity or expression, or sex characteristics;
  • We commit to working together to advocate appropriate protections for intersex persons and encourage states to implement policies and procedures, as appropriate, to ensure that medical practices are consistent with international human rights obligations;
  • We commit to encouraging States, within the framework of their domestic legal systems and consistent with their international human rights obligations, to continue to strengthen institutions and public policies focused on preventing, investigating, and punishing human rights abuses and violations against LGBTI persons, and to ensure that victims enjoy access to justice and appropriate remedies;
  • We commit to working to increase the space for civil society, both domestically and internationally, in recognition of the important actions civil society organisations and human rights defenders undertake in support of LGBTI persons, often at great personal risk; and
  • We commit to encouraging States to strengthen information gathering on the number, diversity, and unique needs of LGBTI individuals and communities, with special attention on official documentation of and reporting of human rights abuses and violations based on sexual orientation, gender identity or expression, or sex characteristics, including through collaboration with civil society to develop and implement rights-based and evidence-based policies.

Conscious of the urgent need for our efforts to yield results, we pledge to review progress on these commitments and on our program of work in our periodic meetings during the next two years, culminating in our next global conference in 2020.

Leaving No One Behind: The Equal Rights Coalition Global Conference on LGBTI Human Rights and Inclusive Development

Following the ERC’s founding in Montevideo by the Netherlands and Uruguay, Canada and Chile assumed a 2-year term as ERC co-chairs in June of 2017. In August 2018, during their tenure, the co-chairs hosted an ERC conference in Vancouver, Canada.

This report contains an overview of what was discussed during the Vancouver 2018 conference, and the outcomes that resulted.

To access the document, kindky click here.