Jun 8, 2019 | Multimedia items, News, Publications, Reports, Thematic reports, Video clips
The Indian Government must give effect to recent rulings of the Supreme Court and end discrimination and other human rights violations and abuses based on real or perceived sexual orientation, gender identity and expression, the ICJ said today at the Delhi launch of its new report on the conditions of LGBTQ people in India.
The ICJ’s 152-page report Living with Dignity: Sexual Orientation and Gender Identity-Based Human Rights Violations in Housing, Work, and Public Spaces in India details human rights violations suffered by LGBTQ persons in their family homes, workplaces, and public spaces including streets, public toilets, public transport and shopping centres.
Following on the Supreme Court’s decisions in NALSA and Navtej, which strongly affirmed the human rights of LGBTQ persons, the report identifies legal and policy challenges, as well as structural barriers that prevent them from enjoying the full range of human rights.
”Despite the promise of recent jurisprudence, the Indian government has not consistently met its constitutional and international obligations to guarantee the rights of LGBTQ persons,” said Frederick Rawski, ICJ Asia Director.
“The ICJ encourages the Indian State to build on existing efforts to protect these rights to ensure full compliance with the right to live with dignity in terms of the Indian Constitution and international human rights law,” he added.
The Living with Dignity report identifies a wide range of violations and abuses of rights in the context of housing, work and public spaces.
Human rights violations associated with housing included discrimination in accessing rental accommodation, harassment and violence by landlords and by families, and arbitrary evictions.
The report sets out instances of discrimination in the workplace, at all stages of employment, and throughout the formal and informal sectors.
It also documents obstacles faced by LGBTQ persons seeking access to public spaces, including discriminatory policing, gendered toilets and transport, harassment and abuse by State officials, and discriminatory targeting through the application of public nuisance, sex work and anti-beggary laws.
The report offers a set of recommendations meant to make existing law and policy more protective of LGBTQ persons’ rights and calls for the amendment or repeal of certain existing laws.
“There is no single law or policy solution to ending long-standing and systemic discrimination. But legal and policy reforms are essential to addressing the abuses suffered by LGBTQ persons and these must include the effective, inclusive and meaningful participation of a diverse range of LGBTQ individuals and advocacy groups,” Rawski said.
The report also recommends the convening of a nationwide consultation geared towards the enactment of a comprehensive anti-discrimination law prohibiting discrimination on the grounds of sexual orientation and gender identity as is required by international human rights law.
In a preface to the report, ICJ Commissioner and former Chief Justice of the Delhi High Court, Justice Ajit Prakash Shah, indicates his hope that the report will “be used as a tool by lawyers, human rights defenders and policymakers” and “contribute to enhancing public discourse on LGBTQ rights, as well as broader issues of discrimination and the rule of law in India”.
Download
Report: Living with Dignity: Sexual Orientation and Gender Identity-Based Human Rights Violations in Housing, Work, and Public Spaces in India (English)
Executive Summary (English)
Infographics
SOGIE-based Human Rights violations in Housing
SOGIE-based Human Rights violations at Work
Barriers experiences by LGBTQ people in accessing Public Spaces
Contact
Maitreyi Gupta (Delhi), ICJ International Legal Adviser for India, e: maitreyi.gupta(a)icj.org, t: +91 7756028369
Frederick Rawski, ICJ Asia Pacific Region Director, e: frederick.rawski(a)icj.org, t: +66 644781121
Read also
Briefing Paper on Navtej Singh Johar et al. v. Union of India and Others, July 2018.
Unnatural Offences”: Obstacles to Justice in India Based on Sexual Orientation and Gender Identity, February 2017.
ICJ Briefing Paper on Implementation of NALSA Judgment, 2016.
Watch the video
May 20, 2019 | Advocacy, News
The ICJ has made a submission to Ms. Karima Bennoune, the United Nations Special Rapporteur in the field of cultural rights (“Special Rapporteur”) in response to a call for submission, in advance of her forthcoming report to the General Assembly on how actors from across the cultural ecosystem access and use public spaces and the impact this has on their cultural rights.
ICJ’s submission draws on its ongoing work on the human rights of LGBTQ persons in India and includes findings from the ICJ’s forthcoming report on the rights of LGBTQ persons in the home, at work and in public spaces. The ICJ, concludes that LGBTQ persons’ rights to adequate housing, decent work, and equal access to public spaces are frequently violated throughout India.
The interviews conducted by the ICJ reveals that LGBTQ persons have challenges in accessing a variety of public spaces including streets, public transport, sanitation facilities, cultural and religious events, parks and shopping malls, challenges which are not faced by, or not faced in the same way by, non-LGBTQ persons. The ICJ submits that these findings are in contravention of Indian constitutional law and international human rights law.
Read the full submission here.
May 15, 2019 | News
The ICJ today condemned a series of the acts of violence directed against the Muslim community in the aftermath of the Easter attacks on 21 April in Sri Lanka directed at churches and other places.
In the most recent attacks on 13 May, at least one person was killed in anti-Muslim mob violence in Nattandiya. In addition, various attacks have resulted in the looting and destruction of mosques, Muslim-owned businesses and houses in several parts of the island including Negombo, Chilaw, Kurunegala and Gampaha.
The ICJ called upon the State authorities to conduct independent, impartial and effective investigations into the attacks and bring all perpetrators to justice in line with international standards. Furthermore, the ICJ urges the Government of Sri Lanka to send a clear public message that acts of violence against any religious minorities are not tolerated.
“Attacks perpetrated against religious minorities are more likely to occur in a climate of impunity” said Fredrick Rawski, ICJ’s Regional Director for Asia and the Pacific. “The fact that Sri Lanka has a history of serious violations of human rights of religious minorities makes it even more urgent that the Government act to safeguard the human rights of all persons and take immediate measures to protect members of religious minorities from further violence.”
Delayed action or inaction on the part of law enforcement authorities during and in the immediate aftermath of the attacks has further exacerbated the situation. Given the recurring patterns of mob violence against religious minorities in Sri Lanka, a handful of arrests will not suffice. It must be followed up by independent and impartial investigations and, where warranted, prosecutions as part of an effective preventive strategy to counter such collectively organized violence.
Under international human rights law, including the International Covenant on Civil and Political Rights, to which Sri Lanka is a party, States have a duty to protect freedom of religion, which includes persons from religious minorities against abuses committed against them by any person or group.
The Government of Sri Lanka must take appropriate security measures in response to the worst terror attack in recent years. However, it must ensure that the volatile situation is not made worse by inaction to prevent anti-Muslim violence and vigilantism. Moreover, the State must ensure that any counter-terrorism measure is adopted and implemented in line with its international human rights law obligations and does not explicitly or implicitly target a particular community.
Apr 22, 2019 | Advocacy, News, Non-legal submissions
Today, the ICJ submitted recommendations to the Council of the State calling for the repeal or amendment of National Council for Peace and Order (NCPO) and Head of the NCPO (HNCPO) orders and announcements in line with Thailand’s international human rights law obligations.
The ICJ was informed by the Ministry of Foreign Affairs that the Council of the State had been tasked to review the necessity and relevance of announcements, orders, and acts of the NCPO and of the HNCPO in February 2019.
The review process is in line with Thailand’s declaration to the UN Human Rights Committee in its Follow-Up to the Concluding Observations of the Committee, submitted on 18 July and published on 10 August 2018.
In its submission to the Council of the State, the ICJ has called for the review process of HNCPO and NCPO announcements and orders to be carried out with increased public participation, openness, and transparency.
The ICJ has also made recommendations on the repeal and amendment of the following HNCPO and NCPO orders and announcements since they are clearly inconsistent with Thailand’s international human rights law obligations and the 2017 Constitution, and are neither necessary, nor proportionate, nor relevant to the current situation:
- Orders that provide the military with superior powers beyond civilian authorities;
- Orders that allow military courts to prosecute civilians;
- Orders that infringe on the rights to freedom of expression and assembly, restrict media freedom and the right to information; and
- Orders that infringe on community and environmental rights.
As main priorities, the ICJ has recommended that:
a) the exercising of law enforcement powers by military personnel to arrest and detain suspects in places not formally recognized as places of detention without judicial review should end;
b) all cases of civilians facing proceedings before military courts be transferred to civilian courts, and all civilians convicted of an offence in military courts be guaranteed a re-trial in civilian courts; and
c) all other HNCPO and NCPO orders and announcements should be repealed or amended to bring Thailand in compliance with its international human rights law obligations, and to ensure that the rights to freedom of expression, opinion and assembly, and environmental rights, among others, be respected.
Thailand-civilian prosecutions military courts-Advocacy-Non-legal submissions-2019-ENG (PDF in English)
Thailand-civilian prosecutions military courts-Advocacy-Non-legal submissions-2019-THAI (PDF in Thailand)
Further readings:
Post coup’s legal frameworks
Thailand: ICJ alarmed at increasing use of arbitrary powers under Article 44
Joint submission to the UN Human Rights Committee by the ICJ and Thai Lawyers for Human Rights
The ICJ and other groups made a joint follow-up submission to the UN Human Rights Committee
Thailand: statement to UN on situation for human rights
ICJ and Thai Lawyers for Human RIghts’ submission to the Universal Periodic Review (UPR) of Thailand
Military officers in law enforcement missions
Thailand: immediately end the practice of arbitrarily detaining persons in unofficial places of detention
Thailand: The ICJ and Human Rights Watch express concerns over detentions
The Use of Military Court
Thailand: transfer all civilians to civilian courts
Thailand: End prosecution of civilians in military tribunals
Thailand: ICJ welcomes Order phasing out prosecution of civilians in military courts but government must do much more
Freedom of expression and assembly
Thailand: lifting of the ban on political activities is welcome but more is needed
Thailand: Lift ban on political gatherings and fully reinstate all fundamental freedoms in Thailand
Thailand: misuse of laws restricts fundamental freedoms (UN statement)
Community and environmental rights
“Development” and its discontents in Thailand
Thailand: ICJ submission to the UN Committee on Economic, Social and Cultural Rights
Apr 12, 2019 | Advocacy, News, Open letters
The ICJ sent a letter urging Singapore’s government to refrain from passing into law the Protection from Online Falsehoods and Manipulation Bill 2019 (‘Online Falsehoods Bill’) in its current form.
The letter was sent to Singapore’s Prime Minister, Deputy Prime Ministers, Minister for Law and Speaker of the Parliament.
The bill is reportedly expected to be adopted and come into force in the second half of 2019.
The ICJ acknowledged the efforts of Singapore’s government to attempt to counteract potential infringements on human rights and fundamental freedoms which may emerge from abusive communications involving the spread of misinformation. It noted however that the bill may, contrary to the object and purpose of its introduction, result in far-reaching limitations on the rights to freedom of expression, opinion and information.
The ICJ indicated that its provisions present a real risk that it can be wielded in an arbitrary manner to curtail important discussion of matters of public interest in the public sphere, including content critical of the government. Critical dissent, free exchange and development of opinions, and free access to information are necessary to maintain an informed society and ensure transparency, accountability and informed debate on crucial matters of public interest.
The letter included a legal briefing highlighting the ICJ’s concerns regarding provisions of the bill which contravene international human rights law and standards.
Singapore-online regulation bill letter-advocacy-open letter-2019-ENG Letter (PDF)
Singapore-online regulation bill briefing-advocacy-open letter-2019-ENG Briefing (PDF)
See also
ICJ, ‘Singapore: Parliament must reject internet regulation bill that threatens freedom of expression’, 4 April 2019, https://www.icj.org/singapore-parliament-must-reject-internet-regulation-bill-that-threatens-freedom-of-expression/
Apr 4, 2019 | News
Today, the ICJ urged Singapore’s Parliament not to pass the Protection from Online Falsehoods and Manipulation Bill 2019 (‘Online Falsehoods Bill’), which was tabled on Monday, 1 April.
The ICJ said that the bill, if passed into law, would result in far-reaching limitations on freedom of expression, opinion and information in Singapore, and could be wielded to curtail important discussion of matters of public interest, including content critical of the government.
“This bill, if passed, would make the government the sole arbiter of what information is permissible online and what is not, creating a real risk that the law will be misused to clamp down on opinions or information critical of the government,” said Frederick Rawski, ICJ Director for Asia and the Pacific.
The bill authorizes ministers to direct individuals, owners or operators of online platforms, digital advertising and internet intermediaries to remove, make corrections to, disable or block access to a “false statement of fact”, if such action is deemed to be “in the public interest”. Such ministerial directions can be made even if a false statement “has been amended or has ceased to be communicated in Singapore”.
The bill does not provide any real definition of “false statement of fact” and does not clarify what constitutes “public interest”. The bill also fails to provide for exceptions or defences such as honest mistake, parody, artistic merit, or public interest. Executive discretion is also not subject to judicial review or oversight under its provisions.
Criminal penalties for non-compliance with the law are severe, and include hefty fines and up to ten years’ imprisonment for violations.
These may be imposed on individuals and/or owners or operators of online platforms, as well as intermediaries who facilitate the communication of such statements, including social networking services, search engine services, internet-based messaging services and video-sharing services.
The bill is also clear that communications through SMS (Short Message Service) and MMS (Multimedia Messaging Service) fall under its remit.
“The spread of misinformation online is a complex problem that cannot be effectively addressed by simply granting broad discretion to government officials to censor online expression,” said Rawski.
“A multi-pronged approach that protects the rights to free expression, opinion and information is required, beginning with better media literacy education and free access to information, including to opinions critical of the government,” he added.
Contact
Frederick Rawski, ICJ Asia Pacific Regional Director (Bangkok), e: frederick.rawski(a)icj.org
Singapore-fake news bill-News-web story-2019-ENG (full story with additional information, in PDF)
