UN: Independent Expert calls for input for report on colonialism and sexual orientation and gender identity
The United Nation’s Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity has invited all interested parties to provide written inputs on various questions for his thematic report, which will be presented to the 78th session of the UN General Assembly in October 2023.
The report focuses on the historic and ongoing impacts of colonialism on the enjoyment of human rights by lesbian, gay, bisexual, trans and gender-diverse persons. It will examine the past and present colonial regulation of sexual orientation and gender identity through laws, policies and practices, and how this regulation continues to impact the lives of LGBTQI+ persons. Furthermore, it will explore available legal grounds and means that can be used to challenge the legacies of colonialism in the enjoyment of human rights by all people. Lastly, the report will take note of the different legal and policy measures that have been adopted to recognise and provide reparation and redress for the impacts of colonialism on the regulation of sexual orientation and gender identity, on both regional and national levels.
The Independent Expert has provided a number of questions to guide the formulation of submissions, including:
- whether colonial laws and policies on sex, gender and sexuality changed the pre-colonial treatment of sexual orientation and gender identity;
- the nature of such laws, policies and practices;
- if any of these colonial regulations still exist today, and which of them have been repealed;
- if the protection against violence and discrimination based on gender identity and sexual orientation has been transformed by decolonisation;
- if the regulation of sexual orientation and gender identity has been relevant for imposing and maintaining colonial power; and what the ongoing impact of this type of regulation is on LGBTQI+ persons;
- the relationship between colonial laws and policies and intersectional discrimination;
- if any laws, policies or psycho-social support has been put in place; and,
- whether reparatory justice for the lasting consequences of colonialism should include measures to address discrimination and violence based on gender, gender identity and sexual orientation.
Inputs must be submitted by 26 May 2023.
- Submissions must be limited to 2500 words and must be emailed to [email protected].
- Further details can be found here.
Please note: The information contained in this note is for general guidance on matters of interest, and does not constitute legal advice. For any enquiries, please contact us at [email protected].
