The Universal Periodic Review (UPR)

1. The Universal Periodic Review (UPR) Presentation to the UN Training for Trans Activists September 2015, Geneva

2. The Universal Periodic Review The Universal Periodic Review (“UPR”) is a mechanism of the United Nations Human Rights Council. Under the UPR, the human rights records of all 192 United Nations member States will be reviewed by the Council on an ongoing, regular basis. The UPR was set up as part of the reform of the UN human rights system. It was designed to respond to criticisms that consideration of countries’ human rights records had become politicised and selective, focusing only on certain countries, while allowing more politically influential States to escape scrutiny. As a result, the UPR will ensure that the human rights records of all 192 member States will be regularly reviewed on a 4-year cycle. This means that 48 States will be reviewed per year, 16 at each of three sessions annually. The UPR is intended to be a cooperative mechanism, designed to assist States in fulfilling their international commitments and improving their human rights situation. The next slide outlines the reporting timetable for Round 2 of the Universal Periodic Review (UPR).

5. Advocacy cycle

6. Threereports are submitted: the State’s National Report a compilation of UN Information a compilation of NGO information

7. up to 5 pages • concrete recommendations to improve human rights situation • online submission system at https://uprdoc.ohchr.org • Please also e-mail to arc@arc-international.net NGO reports:

8. The State is reviewed over a 3.5-hour period • Based on the three reports, other countries make recommendations • The State must indicate which recommendations it accepts before the final report is adopted • The State must indicate which recommendations it accepts before the final report is adopted • ECOSOC accredited NGOs can apply to participate as observers which means they are able to observe the proceedings without making oral or written statements, though may organize Information Meetings on the UPR process, with a view to sharing information Working Group review :

10. Step 1: submit input report You must register an account and then use the online submission system at http://uprdoc.ohchr.org . Please also send a copy to arc@arc-international.net so that we know what information has been submitted and can make use of it in follow-up advocacy. 

11. Step 2: excerpt references from the 3 preliminary reports NATIONAL REPORT  F. The legislation 57. The Employment Act 1995 makes provision for prevention of and redress for discrimination. It states: “Where an employer makes an employment decision against a worker on the grounds of the worker’s age, gender, race, colour, nationality, language, religion, disability, HIV status, sexual orientation or political, trade union or other association, the worker may make a complaint to the Chief Executive stating all the relevant particulars.” UN COMPILATION [No references to sexual orientation or gender identity] COMPILATION OF STAKEHOLDERS’ INFORMATION  2. Right to privacy, marriage and family life 5. JS1 recommended that provisions which maintain criminal sanctions for sexual activity between consenting adults be repealed. It referred to Section 151 of the Penal Code which establishes, among others, sanctions for sexual activity “against the order of nature”. JS1 stated further that provisions against sexual activity between consenting adults have been found to constitute a clear violation of international human rights law. JS1 referred to, inter alia, the views of the Human Rights Committee in Toonen v Australia adopted in Mary 1994 as well as the Committee’s Concluding Observations on several countries. Also, it was indicated that this position was consistent with other regional and national jurisprudence. 6. JS1 recommended that Seychelles bring its legislation in conformity with its commitment to equality and non-discrimination, and its international human rights obligations, by repealing all provisions which may be applied to criminalise sexual activity between consenting adults of the same sex.

12. Step 3: formulate and disseminate sample intervention and recommendations • Key Issues/Recommendations:recommend that the Seychelles: a) bring its Penal Code into conformity with its international human rights obligations by repealing those provisions which criminalise same-sex activity between consenting adults, and b) extend existing legislation protecting individuals from discrimination on the basis of grounds including sexual orientation , to include gender identity. • Sample Intervention:We commend the Seychelles for it’s commitment to equality and non-discrimination, including on grounds of sexual orientation, as illustrated in the Employment Act of 1995. We further commend the Seychelles for their support of the recent joint statement on ending acts of violence and related human rights violations based on sexual orientation and gender identity, delivered at the 16th session of the Human Rights Council. Can the delegation indicate what steps are being taken or planned to advance non-discrimination on these grounds?   We note that some stakeholders expressed concern that Section 151 of the Criminal Code might be used to penalise same-sex activity between consenting adults. The UN Human Rights Committee has confirmed that such laws violate the rights to both privacy and non-discrimination, contrary to articles 17(1) and 26 of the International Covenant on Civil and Political Rights. The Committee further considered that these laws “run counter to the implementation of effective education programmes in respect of HIV/AIDS prevention” by driving marginalised communities underground. UN Secretary General Ban Ki-moon has also recently called for the repeal of laws criminalising consensual same-sex conduct. We therefore recommend that the Seychelles: a) bring its Penal Code into conformity with its international human rights obligations by repealing those provisions which criminalise same-sex activity between consenting adults, and b) extend existing legislation protecting individuals from discrimination on the basis of grounds including sexual orientation, to include gender identity.

13. Step 4: Monitor references and encourage States to accept recommendations • 100.57 Faire en sorte que la législation nationale soit conforme à l’engagement du Gouvernement en faveur de l’égalité et de la non-discrimination, en interdisant la discrimination fondée sur l’orientation sexuelle ou l’identité de genre (Canada); • 100.58 Adopter une législation qui interdise expressément toute discrimination fondée sur l’orientation ou l’identité sexuelles (Australie); • 100.59 Faire en sorte que le Code pénal tienne compte des engagements internationaux des Seychelles en prenant des mesures appropriées pour garantir que les relations sexuelles entre adultes consentants du même sexe ne donnent pas lieu à des sanctions pénales (Norvège) • 100.60 Réaffirmer leur engagement en faveur de l’égalité et de la nondiscrimination en dépénalisant les relations sexuelles consenties entre adultes du même sexe ainsi qu’en supprimant toute disposition discriminatoire enversvles lesbiennes, les gays et les personnes bisexuelles ou transgenres (France); • 100.61 Abroger toutes les dispositions du droit pénal interne réprimant les relations sexuelles consenties entre adultes du même sexe et lutter contre la discrimination à l’égard des lesbiennes, des gays et des personnes bisexuelles ou transsexuelles par des mesures politiques, législatives et administratives (Espagne); II. Conclusions et/ou recommandations 100.Les recommandations ci-après seront examinées par les Seychelles, qui fourniront des réponses en temps voulu, au plus tard à la dix-huitième session du Conseil des droits de l’homme, en septembre 2011.

14. Step 5: NGO intervention during report adoption at HRC plenary • Questions asked by NGOs: • “Can the Seychelles indicate a timeframe for decriminalising consensual same-sex relations between adults? … • Can the delegation indicate what steps are being taken or planned to advance non-discrimination on the grounds of both sexual orientation and gender identity?” Response of delegation: “Regarding the question from Canadian HIV/AIDS Legal Network on timeframes for changing the law – when it comes to Section 151 of the Criminal Code, I think it will be pretty soon. It will not take us a long time to repeal this section. We all know that its old and I don’t think either the government or Seychelles’ society want it in there anymore. On your second question: I think what needs to be done is to disseminate. First of all we should repeal this provision in the Penal Code, and then we can undertake some dissemination of what is the understanding or position of the government concerning these persons. The very fact that the outcome of the UPR will be published in a report – the position of the government and the recommendations of other countries will be able to be seen in the report – will be a very important step in the dissemination, and enabling us to provide more fair provisions in our legislation and administration, and provide protection to these persons.”

15. Team Exercise: Guessing SOGI references from previous UPR reviews 1. Tanzania (1st cycle) Recommendations: Commit itself to the protection of the rights of all persons regardless of their sexual orientation or gender identity in all anti-discrimination and equal opportunity legislation and bodies; adopt political and legislative measures to establish a specific framework for the protection against discrimination based on sexual preferences accompanied with the elimination of penal provisions that criminalise consensual relations between adults from the same gender, and the implementation of public awareness campaigns in this matter; repeal criminal provisions against persons based on their sexual orientation. Response: Rejected. 2. Samoa (1st cycle) Recommendations: Fulfil its commitment to equality and non-discrimination by repealing all legal provisions that criminalise sexual activity between consenting adults and investigate all cases of discrimination based on sexual orientation and gender identity; repeal laws criminalising relations between consenting adults of the same sex; repeal all provisions which may be applied to criminalize sexual activity between consenting adults and adopt appropriate legislative measures to include sexual orientation and gender identity in equality and non-discrimination laws; continue its reconsideration of laws that restrict the human rights of individuals based on sexual orientation or gender identity, and repeal all such laws. Response: Rejected. .

16. SOGI references from previous UPR reviews 3. South Africa (1st cycle) Recommendations: to “continue to promote and protect the right of all persons to equality without discrimination based on sexual orientation, at both the national and international levels”, to provide better remedies to victims of discrimination based on sexual orientation, and to seek to prevent such discrimination through sensitivity programmes and education. Response: Government made a general statement affirming the principle of non-discrimination, including on the ground of sexual orientation, but left unclear its position on the specific recommendations. 4. Russian Federation (1st cycle) Recommendations made: to increase its efforts and take concrete policy measures in order to promote tolerance and non-discrimination of lesbian, gay, bisexual, transsexual and transgender persons; to provide prison guards and law enforcement officials in general, with human rights training specifically focusing on protection of human rights of women, children, national minorities and persons of minority sexual orientation or gender identity; and further to ensure investigation and punishment of all cases of violation of human rights by this personnel. Response: rejected.

17. Caribbean SOGI references from previous UPR reviews 5.Dominica (1st cycle) Recommendations made: to promote and amend legislation to guarantee the protection of citizens who have been discriminated against based on their sexual orientation, gender identity or the fact that they are infected with HIV/AIDS; to consider utilizing the Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity as a guide to assist in policy development; to implement public education and promote awareness programmes and sensitivity training on violence and discrimination based on sexual orientation and gender identity to law enforcement, judicial and other authorities; to undertake measures to promote tolerance and non-discrimination on grounds of sexual orientation or identity in line with the Yogyakarta Principles; to repeal those legal provisions on sexual offences which criminalize sexual relations between consenting adults of the same sex. Response: rejected.  Recommendations made: to include anti-discrimination legislation with regard to sexual orientation, gender identity and HIV/AIDS and to reform the law on sexual offences of 1998. Response: no clear response. 6. Grenada (1st cycle) Recommendation: Adopt legislation to eliminate discrimination based on sexual orientation; repeal provisions that may be used to discrimination against a person based on their sexual orientation or gender identity; decriminalize sexual relations between consenting adults of the same sex; join the GA joint statement on human rights, sexual orientation and gender identity. Response: rejected.

18. Caribbean SOGI references from previous UPR reviews 7. Guyana (1st cycle) Recommendation: Repeal legislation discriminating against individuals on the basis of their sexual orientation or gender identity; Combat discrimination on the basis of sexual orientation, and further promote dialogue in society so that no discrimination is justified on grounds of culture, religion or tradition; Repeal the laws which criminalize sexual activity between consenting adults of the same sex. Response: Guyana gave general responses to these recommendations, but committed to hold consultations on this issue over the next 2 years, the outcomes of which will be reflected in Guyana’s laws. 8. Jamaica (1st cycle) Recommendation: Provide all enforcement officials with proper sensitivity training in relation to sexual orientation, gender identity and HIV/AIDS. Response: Accepted. Recommendation: Combat discrimination based on sexual orientation and gender identity, through reinforcing legal protections against discrimination and initiating public information campaigns. Response: Ambiguous response. Recommendations made: Repeal all legal provisions which may discriminate against or criminalise persons based on their sexual orientation or gender identity. Response: Rejected.

19. Caribbean SOGI references from previous UPR reviews 9. Saint Lucia (1st cycle) Recommendation: Ensure that thorough investigations of allegations of acts of violence committed against individuals because of their sexual orientation or identity are promptly conducted. Response: accepted. Recommendation: Repeal any legal provision that criminalises consensual relations between adults of the same sex. Response: rejected. Recommendation: Combat the discrimination against LGBT persons through awareness-raising and education campaigns to begin at school. Response: No response given. Recommendation: Take the necessary measures to ensure that the constitution guarantees the same rights to all inhabitants of the country, without distinction based on sexual orientation. Response: Unable to fully accept recommendation. 10. Saint Vincent and the Grenadines (1st cycle) Recommendation: Institute policies and initiatives to address discrimination based on sexual orientation or gender identity; Repeal all discriminatory provisions against LGBT people. Response: Pending. Recommendation: Implement the 2008 recommendation of the UN Human Rights Committee to repeal the section 146 of the Criminal Code that criminalizes sexual relations between consenting adults of the same sex.Response: Rejected.

20. Caribbean SOGI references from previous UPR reviews 11. Suriname (1st cycle) Recommendation: Equalise the age of consent for opposite and same-sex conduct, and adopt appropriate legislative and other measures to prohibit discrimination on the basis of sexual orientation and gender identity. Response: Rejected. 12. Trinidad and Tobago (1st cycle) Recommendations: Undertake proactive policies to promote the rights of individuals, especially with regard to their sexual orientation and HIV/AIDS status; Adopt measures so that traditional stereotypes referring to the roles of men and women in society and family can be overcome; Increase measures to ensure that violence and discrimination against members of vulnerable groups, such as women and lesbians, gay, bisexual and transgender persons, are both prevented and prosecuted. Response: Accepted. Recommendation: Repeal provisions which may be used to criminalise consensual relations between adults of the same sex; adopt legislative and political measures to establish a specific framework of protection for sexual preference; put in place public awareness raising campaigns on this matter. Response: Under consideration until March 2012. www.arc-international.net/global-advocacy/universal-periodic-review/

21. Building the Frameworkfor your UPR report • Was there an LGBTI focused civil society report in the first round of the UPR? Was it part of a broader report? • Which groups participated? Who should participate in this round? • Would you suggest a specific report or working with a coalition? Who would you partner with? • What were the recommendations from the first cycle? Were they implemented? Do they require further investigation? • Are there new or additional issues that need to be highlighted? Are these issues documented? • How would you structure a report for this round?