LGBTI l New report highlights challenges faced by LGBTI defenders deprived of liberty

ISHR welcomes the new monitoring guide published by The Association for the Prevention of Torture (APT): ‘Towards The Effective Protection Of LGBTI Persons Deprived of Their Liberty: A Monitoring Guide’ It is designed for any institution or organisation that carries out visits and inspections to places of deprivation of liberty, such as prisons, police custody and immigration detention facilities.  

‘ISHR is happy to have contributed to the development of this important tool, which highlights the situation of human rights defenders working to protect the rights of LGBTI persons,’ says Pooja Patel of ISHR.

This guide intends to strengthen the capacities of detention monitoring bodies – including National Preventive Mechanisms (NPMs), National Human Rights Institutions (NHRIs), international and regional bodies, and civil society organisations – to identify and address risk factors contributing to torture and other ill-treatment of LGBTI persons deprived of liberty. It raises awareness of specific risks of abuse and discrimination these individuals face.

Specific risks for LGBTI defenders

The guide makes references to the Yogyakarta Principles and the Yogyakarta Principles plus 10 throughout the text, and underlines the aggravated forms of violence and discrimination faced by human rights defenders working on issues related to sexual orientation and gender identity. It discusses LGBTI defenders in three particular contexts:

• the impact of criminalisation of LGBT persons,
• discriminatory profiling and violence during arrest or apprehension, and
• the role of law enforcement during public demonstrations involving LGBTI persons.

ISHR’s Helen Nolan explains that the guide emphasises the fact that threats and risks faced by LGBTI defenders are exacerbated in countries that criminalise same-sex relations and non-conforming gender identities or expression, as defenders may face harassment, prosecution and imprisonment only because of their work and activism.

‘Human rights defenders who are LGBTI themselves are doubly exposed, as they are not only targeted because of their work, but also because of who they are,’ says Nolan.

The new guide stresses that LGBTI individuals are at greater risk of being arbitrarily arrested, harassed, extorted, and subjected to excessive use of force by police, than the general population. Risks are further magnified for LGBTI human rights defenders.

Patel also highlights the guide’s discussion of the role and duties of law enforcement during public demonstrations involving LGBTI persons.

‘We are pleased to see that the guide underlines the duty of law enforcement officers to take appropriate measures to ensure the protection of persons participating in LGBTI demonstrations, such as pride events,’ says Patel.  

Read the full report here.