International

The United Nations human rights office on Friday expressed deep concern about a wave of arrests in Azerbaijan, Egypt and Indonesia of more than 180 people perceived to be lesbian, gay, bisexual and transgender (LGBT), many of whom have reportedly been mistreated by law enforcement officials.

“Arresting or detaining people based on their actual or perceived sexual orientation or gender identity is by definition arbitrary and violates international law,” including rights to privacy, non-discrimination and equality before the law, said Rupert Colville, spokesperson for the Office of the UN High Commissioner for Human Rights (OHCHR), at a press briefing in Geneva.

In all three countries, authorities have alleged that those arrested were involved in sex work – although in almost all cases the accused have denied such allegations or indicated that they were coerced into confessing involvement, he added.

Mr. Colville said that Azerbaijan, Egypt and Indonesia should take immediate action to release anyone detained on the basis of their actual or perceived sexual orientation or gender identity, drop charges based on vaguely worded and discriminatory laws, and should repeal such laws in line with their legal obligations under international law and long-standing United Nations recommendations.

In Azerbaijan, more than 80 people presumed to be gay or transgender have been arrested in Baku since mid-September. In Egypt, more than 50 people have been arrested in recent weeks based on their assumed sexual orientation or gender identity. In Indonesia, more than 50 people were arrested at a sauna in Jakarta last Friday, based on their perceived sexual orientation.

United Nations High Commissioner for Human Rights Zeid Ra’ad Al Hussein Thursday launched an unprecedented set of global standards to support the business community in tackling discrimination against lesbian, gay, bi, trans and intersex people.

Addressing an audience of business leaders, activists and journalists at Microsoft’s New York City headquarters, Zeid called on the private sector to play its part in promoting LGBTI inclusion in the workplace and beyond. “Social change requires the active involvement of all parts of society – including, critically, the business community,” he said. “The decisions that companies take – whether in respect of human resources, investment, supply chains, even marketing – can have a real and, in some cases, profound impact on human rights.”

Drawing on good practice from around the world, the new standards set out actions companies can take to protect the rights of LGBTI individuals. These include eliminating workplace discrimination, making sure business operations do not contribute to discrimination against customers, suppliers or members of the public, and working with business partners to address discriminatory practices up and down the supply chain. They also encourage companies to stand up for the rights of LGBTI people in the countries where they operate – including through advocacy and support for local organizations.

“There is growing evidence that, besides being the right thing to do, standing up for equal rights for LGBTI people is also in the private sector’s commercial interest,” the High Commissioner noted. “Excluding any group slows us all down. Eliminating discrimination is the key to unlocking talent and maximizing productivity.”

Welcoming the standards, Microsoft President Brad Smith said: “While important strides have been made to advance LGBTI rights, there are still gaps. Corporate standards, set by the private sector, can help companies articulate their values and stand up for the rights of LGBTI individuals in the workplace and communities in which they do business.”

Speaking at the launch, Accenture Products chief executive Sander van’t Noordende said: “These standards will be vital for companies that understand the importance of an inclusive workplace, marketplace and community and want to know how to make a start. I hope they will make it possible for more people to bring their authentic selves to work.”

The Standards of Conduct build on the UN Guiding Principles on Business and Human Rights, adopted by the UN Human Rights Council in 2011. They are the product of a year-long process of consultations facilitated by the UN Human Rights Office and the Institute for Human Rights and Business, including regional meetings with leading business representatives in Asia, Africa, Europe and the Americas. Among companies that have already indicated their support are Accenture, Baker McKenzie, BNP Paribas, The Coca-Cola Company, Deutsche Bank, EDF, EY, Gap Inc., Godrej, IKEA Group, Microsoft, Oath, Orange, SAP, and Spotify.

ILGA-Europe have launched an urgent appeal to help organizations on the ground support victims of the crisis in Azerbaijan, where members of the LGBTI community are being targeted by police raids.

Members of the LGBTI community in Baku are being actively targeted by police raids, with those detained being assaulted, forcibly medically examined, fined or forced to reveal contact details from their mobile phones.

ILGA-Europe have launched an urgent appeal for donations to help organizations in the region to support these victims. Based on their experience in responding to the human rights crisis in Chechnya, they can provide grants to activists working with victims to meet their needs. This might be used to provide psychosocial support, medical assistance, help with rehousing, or legal fees when someone is under arrest, and for court hearings.

Funds will be re-granted to activists working directly with victims and used by ILGA-Europe to cover costs directly associated with working on the crisis in Azerbaijan in line with ILGA-Europe’s accountability standard.

The Treatment Advocacy and Literacy Campaign (TALC), Community Initiative for Malaria and Tuberculosis (CITAMplus), Coalition for Zambian Women Living with HIV and AIDS (COZWHA), Network of ARV Users and Zambian Network of Religious Living or Personally Affected by  HIV and AIDS (ZANERELA) have commended the Zambian Government on launching HIV Counseling Testing and Treatment Day (HCTT)  Aug. 15,  by His Excellence Edgar Chagwa Lungu.

However, the groups have expressed deep concern on the recent announcement during the launch by The Zambian President Edgar Chagwa Lungu that HIV testing, counseling and treatment is now compulsory in Zambia for any person seeking medical treatment in public healthcare facilities.

The group’s have appealed to the government to rescind the decision and revoke the proclamation forthwith. “Compulsory HIV testing is illegal and unconstitutional in Zambia as both the Supreme Court and the High Court in Zambia have found that consent is only present if it is provided freely, without undue influence, coercion, fraud, misrepresentation or mistake”, said Felix Mwanza National Director for TALC.

“While the policy aims, according to President Lungu, to improve HIV testing and treatment adherence rates, on the contrary, coercive measures fuel stigma and drive people away from healthcare facilities” said Carol Nawina Nyirenda Executive for CITAMplus.

“Informed consent is critical to ensure that individuals are empowered in managing their health. It has been shown that an individual’s sense of self-efficacy plays a major role in how one approaches goals, tasks, and challenges regarding one’s health, with directly-evidenced clinical benefits” said Mable Mwale Coordinator for COZWHA .

“The approach also violates healthcare ethics and is contrary to international standards, including World Health Organization and UNAIDS guidelines on HIV testing and treatment. International guidelines on HIV and human rights from the United Nations Office of the High Commissioner for Human Rights (OHCHR) and the Joint United Nations Programme on HIV/AIDS (UNAIDS) state “public health legislation should ensure that HIV testing of individuals should only be performed with the specific informed consent of that individual”, said Kenly Sikwese from Afrocab.

Exceptions to voluntary testing would need specific judicial authorization, granted only after due evaluation of the
important considerations involved in terms of privacy and liberty.The World Health Organization
(WHO) and United Nations Population Fund (UNFPA) similarly state that HIV testing must “only [be]
conducted with informed consent”.

A new report released today by the Global Forum on MSM and HIV (MSMGF) and OutRight Action International in collaboration with the Global Platform to Fast Track the Human Rights and HIV Responses with Gay and Bisexual Men argues for a global health and development approach that is inclusive of lesbian, gay, bisexual, transgender, and intersex (LGBTI) people. Released ahead of this year’s United Nations (UN) High-Level Political Forum (HLPF) on Sustainable Development, the paper calls on countries to recognize and address the impact of stigma, discrimination, violence, and criminalization on health.

In its second year, the High-Level Political Forum is where member states meet to review progress towards “Agenda 2030” – economic, social, and environmental sustainable development, founded on the principle of “leave no one behind.” Among the goals to be reviewed this year is Goal 3, “Ensure healthy lives and promote well-being for all at all ages,” which is particularly relevant to LGBTI people. The HLPF will take place at UN headquarters in New York from July 10-19.

While data regarding LGBTI health needs are inadequate and incomplete across the globe, the data that is available demonstrate that the health of LGBTI people is consistently poorer than the general population.

The report highlights:

• The disproportionate affect HIV is having on gay and bisexual men and transwomen.
• A higher burden of poor mental health among LGBTI people compared to the general population.
• A lack of targeted and responsive sexual health information for LGBTI people, which limits their ability to protect themselves and their partners from sexually transmitted infections, particularly as young adults.
• The impact of intersecting forms of discrimination faced by LGBTI people based on gender, age, race, ethnicity, ability, class, migration status, and other factors that drive exclusion.
• The role that criminalization, anti-LGBTI violence, fear of discrimination, cost, and lack of social support play in impeding access to health services.

MSMGF Executive Director, Dr. George Ayala, commented, “Disproportionate rates of depression, anxiety, homelessness, problem substance use, and suicide among LGBTI people can each be traced back to the stigma, discrimination, and violence they face worldwide. Connection to community, safety, and security offset the devastating effects of social exclusion.”

The report finds that lesbian and bisexual women, transgender people, and intersex people in particular remain ignored and underserved in healthcare systems across the world.

OutRight Action International’s Global Research Coordinator, Dr. Felicity Daly, said, “LGBTI people are well-aware of the health disparities taking hold and stealing lives in their communities, but are being excluded from data collection efforts. As a result, LGBTI communities are rendered invisible and therefore unable to make a convincing case for health financing to address their needs.”

The report offers tangible and accessible recommendations on data and indicators governments can and should collect to monitor LGBTI health needs, including:

• Specific recommendations for including LGBTI health and well-being in the agreed upon SDG 3 indicators.
• Disaggregating complete and accurate data by sexual orientation, gender identity and expression, and sex characteristics, in order to allow for the formation of evidence-based laws and policies that serve to promote and protect LGBTI people’s right to health.
• Ensuring funding for community-based and LGBTI-led organizations, which are crucial for collecting data and providing safe, non-judgmental health care to LGBTI people.
• Legally prohibiting non-consensual medical procedures, including intersex genital mutilation, forced sterilization, and forced anal examinations enacted upon LGBTI people.

Authors from the report will join representatives from United Nations Development Programme, a representative from the Permanent Mission of Argentina to the UN, and global and regional LGBTI civil society organizations to discuss the necessity of collecting data on LGBTI people at an official UN event during the HLPF on Tuesday, July 11, 2017, at 6:15PM.

The Joint United Nations Programme on HIV/AIDS (UNAIDS) has welcomed a new law passed by the Indian Parliament providing strong legal protection against HIV-related discrimination.

The law provides a broad legislative framework for the response to HIV in India and is the first national HIV law in South Asia. The legislation prohibits discrimination against people living with and affected by HIV in a range of settings, including employment, education, housing and health care, as well as with regard to the holding of public or private office, access to insurance and freedom of movement. It also bans unfair treatment of people living with and affected by HIV with regard to accessing public facilities, such as shops, restaurants, hotels, public entertainment venues, public facilities and burial grounds.

“This is an important step forward for people living with and affected by HIV in India and around the world,” said Steve Kraus, Director, UNAIDS Regional Support Team for Asia and the Pacific. “This legislation begins to remove barriers and empowers people to challenge violations of their human rights.”

Significantly, the legislation contains provisions to increase access to justice for people affected by HIV, including obligations for health-care institutions to establish complaints mechanisms and a health ombudsman supported by special procedures to be followed in courts.

The law also protects the rights of people affected by HIV to informed consent (including for any sterilization procedures), to confidentiality and to a safe working environment, and promotes the delivery of critical harm reduction interventions, including condoms, comprehensive injection safety requirements and opioid substitution therapy.

The process of drafting the legislation began in 2002 and involved consultations with and inputs by various stakeholders, including people living with HIV and affected communities, human rights organizations, government departments and members of parliament, before finally being presented to parliament in 2014. UNAIDS has supported efforts throughout the legislation’s long journey. The law will come into force when it is published in the Official Gazette.

Civil society organizations welcomed the legislation; however, they also voiced concerns over a provision that appeared to limit the government’s obligation to provide HIV treatment.

The government has since announced a “treat all” policy in parliament, guaranteeing free antiretroviral therapy for everyone.

“We declare that anybody tested positive will be treated,” said J.P. Nadda, Indian Minister for Health and Family Welfare. “This is the level of commitment with which we are working and with which we will be going forward.”

HIV treatment not only protects the health of people living with HIV, but also prevents onward transmission of the virus. UNAIDS recognizes everyone’s right to health, which includes the provision of antiretroviral therapy to people living with HIV throughout their life.

With 2.1 million people living with HIV in 2015, India has the third largest HIV epidemic in the world and the largest in the Asia and the Pacific region.

Support for the HIV bill has been bipartisan. “It has been a long struggle for everyone working towards having an HIV-specific legislation as it would guarantee the right to dignity and non-discrimination for people affected by HIV,” said Oscar Fernandes, Member of Parliament and President of the Forum of Parliamentarians on AIDS in India.

In June 2016, Member States of the United Nations committed in the Political Declaration on Ending AIDS to “promoting laws and policies that ensure the enjoyment of all human rights and fundamental freedoms for children, adolescents and young people, particularly those living with, at risk of and affected by HIV, so as to eliminate the stigma and discrimination that they face.”

UNAIDS urges all governments to fully implement the human rights of people living and affected by HIV, including by providing strong legal protections and implementing programmes to end discrimination and advance access to justice.