FORUM: ADVISORY PANEL ON THE CONDITION OF WOMEN AND CHILDREN

QUESTION OF: MEASURES TO SAFEGUARD LGBTQ CITIZENS FROM VIOLENCE AND DISCRIMINATION
BASED ON SEXUAL ORIENTATION IN COUNTRIES WHERE SUCH
PROTECTION IS NOT GUARANTEED

MAIN SUBMITTER: Delegation of Yemen

THE ADVISORY PANEL,

Congratulates the Human Rights Council for its efforts to help Lesbian, Gay, Transgender, Bisexual and
other members of the LGBTQ+ community attain equal rights in society,

Noting with appreciation the efforts made by certain Member States in terms of legislation and
legalization, and appreciates the advice given by successful Member States,

Recalls resolutions of the Human Rights Council 17/19 of June 2011, resolution 27/32 of September
2014, and resolution 19/41,

Reaffirms the Universal Declaration of Human Rights and the Charter of the Human Rights Council,

Stresses the need of all countries of the international community to reach positive conclusions and pass
unanimous resolutions for the help of LGBT citizens,

Reiterates the need to respect religion and social beliefs, as well as human rights issues when writing
resolutions,

Concerned by the increasing rates of violence and hate crime against the LGBT community,

1) Recommends the advocation of education in society:

a) The principle of equality and the equal rights of each citizen will be preached,
b) People will understand the problems faced by LGBT citizens and consider accepting
them and increase tolerance,
c) People should develop their own mindsets and not be easily influenced by propaganda
or hate groups or speeches around the internet or in person,
i. People already affiliated with such hate groups should consider leaving
and boycotting these groups so as to reduce its members,
d) Special training to be given to police, prison staff, teachers, social workers and other
personnel to help remove bias and to recognize, register and respond to reports of hate
crimes,
e) In schools:
i. Counselling for homophobic and homosexual children alike
ii. Teacher-training campaigns focusing on gender equality
iii. Ameliorating curriculum to accommodate homosexual and heterosexual
people
iv. Gay-straight alliances or clubs to be established,
f) All costs for spread of education will be undertaken by
i. The respective governments of countries
 ii. UN agencies
iii. The World Bank or the IMF
iv. NGOs such as but not limited to Human Rights Campaign (HRC), Trans
March, Gay and Lesbian Medical Association, the Kaleidoscope Trust;

2) Calls for the Enforcement of conventions such as ‘Yogyakarta Principles on the Application
of International Human Rights Law in relation to Sexual Orientation and Gender Identity’,
which are principles on the application of international human rights law in relation to
sexual orientation and gender identity in order to:
a) Increase tolerance amongst people, in which the social standards and legal rights of
LGBT individuals can been enhanced,
b) Guide policy responses to incidents of violence and discrimination,
c) Ratification of the document by Member Nations and the implementation to monitored
by the respective nations and UN Specialized Agencies that will:
i. Submit annual reports to the Advisory Panel on the Condition of
Women and Children,
ii. Reports will include current status of problems, and localized solutions
that can be ideally implemented;

3) Asks countries to improve and amend legislation and regulations:

a) Promptly investigate all reported killings and other serious incidents of violence
perpetrated against individuals on the basis of their sexual orientation,
b) Support legal clinics that provide legal and other legislative support to those whose
rights have been violated
c) Appoint Special Prosecutors and relevant Judges on these cases that are aware of the
laws pertaining to LGBT citizens and those who can handle judgements without bias,
d) Enact anti-discrimination legislation that includes discrimination on the grounds of
sexual orientation and gender identity,
e) Ensure gender recognition and acceptance of non-traditional genders for furthering the
equality of LGBT persons,
f) Ensure that LGBT persons are not discriminated against in the fields of healthcare and
education,
g) Ensure that individuals can exercise their rights to freedom of expression;

4) Encourages the formation of LGBT Rights groups and Human Rights Organization:
a) These groups will work with law-making bodies to display problems faced by LGBT
citizens,
b) Will discuss and propose solutions with officials and can help draft legislation that can
later be introduced before law-making bodies
c) Can record and document incidents of violence against LGBT citizens
d) The Governor’s or Chief Minister’s office in cities and the Central Government of a
country can together provide incentives for the formation of more local organizations
for better cooperation
e) This will not hamper regulation in countries;

5) Asks for the creation of a committee under each country’s government called the
‘Independent Expert Committee for LGBT persons’:
 a) The committee will assess the implementation of current legislation with regard to
violence and discrimination against people on the basis of their gender identity
b) They will raise awareness on violence and discrimination against persons on the basis of
their gender identity
c) They will engage in dialogue with the United Nations and other Member States along
with the country’s ambassadors
d) They will support the provision of advisory services and impart technical assistance to
LGBT Rights Groups and be present in meetings between law-making bodies and Rights
groups,
e) This committee will only be created if the constitution of a country allows it to;

6) Supports the documentation efforts that highlight ways the rights of LGBT citizens are being
violated, limited public health and development investments so as to make people more
aware of the current status of the LGBT Community and help them make decisions in terms
of belief and faith;

7) Urges countries to allow the United Nations ‘Free and Equal’ Campaign, that works to
inform individuals about their rights and identity, to work in their country; ways the UNFE
will work with the government is:
a) Spread social education through social media,
b) Connect on the ground with LGBT Rights groups and parts of the LGBT community and
understand local problems and identify solutions through community participation,
c) Give people a platform to voice their opinions and with the help of the government
make sure these people are not harassed and discriminated against for their views,
d) To display documentaries about the lives of lesbian, gay, bisexual and transgender and,
e) For a direct link of communication between the United Nations Human Rights Council
and the government and people
f) This will not hamper regulation in countries;

8) Further recommends nations to address impunity of hate crimes i.e. improving access to
justice by:
a) Acknowledging hate crimes when they occur and not endorsing it as campaign
promises,
b) Holding accountable offenders as well as judge them based on the seriousness of the
crime they committed with fair trial,
c) Strengthening law enforcement by:
i. Expanding its jurisdiction and reducing decision making process
ii. Equipping them with special weapons that are non-lethal
iii. Strengthening ties with the community for their full support and cooperation,
iv. Establishing the ‘Emergency Task Force’ that will work to remove immediate
threats of violence and hate crime from the LGBT community
a. It can work alongside the local police as well as independently,
b. It will not only consist of armed officials but also willing advocates to help
the court process
v. Establishing a Code of Conduct for officials that includes punishments if officials
are found to be discriminating against LGBT citizens
d) Monitoring attacks, and research and report patterns of violence in specific
communities by:
 i. Collaborating closely with local activists and LGBT Rights groups to share
incidents as wells as sending LGBT Rights groups as observers to trials to
monitor court decisions and review and send suggestions for better judgement
ii. Record responses to legislation passed by previous administration and identify
mistakes and amend them accordingly
iii. Local law enforcement and their methods of recording,
e) Communicate freely and assist victims of hate crimes and violence, so as to encourage
other affected to speak up and help identify and solve the problem;

9) Urges the organization of bilateral talks between state governments and the UN:
a) For the purpose of:
i. Discussing legislation pertaining to LGBT issues and subsequently amend any
legislation that criminalizes or discriminates homosexuality as per the country’s
stance and demographics
ii. Changing positions of countries that oppose LGBT resolutions into accepting them
and strengthening the international forum
iii. Offering assistance to combat hate crimes in terms training of task force and law
enforcement, hate crimes patterns recognition and reporting, training of legal
advocates and persecuting offenders,
b) These talks will be held in Geneva or any other neutral place as decided by the UN;

10) Asks for the protection of LGBT refugees:

a) At the United Nations countries must jointly strategize a contingency plan for the
evacuation of individuals who face risks and countries should be chose on the basis of:
a) Non-criminalization of LGBTI individuals
b) Relevance analysis which is
i) Is the area of relocation practically, legally and safely accessible?
ii) Is the agent of persecution a State or non-state actor?
iii) Would the person be subject to persecution or other harm?
c) Reasonable analysis
i. Will the claimant be able to lead a normal life in the country of asylum?
b) In the event of an international refugee crisis:
i. The country of asylum will be aided by UN Agencies such as UN High
Commissioner for Refugees who provide direct protection services to refugees,
and willing Member States
ii. Aid can be in the form of monetary aid, advice or other aid such as the working
of departments and coordination of efforts for the welfare of refugees
iii. The country of asylum should follow the ‘International Guidelines on Claims to
Refugee Status based on Sexual Orientation and/or Gender Identity’, provide
basic sanitation and clean supply of water, basic medical facilities, safe shelters
and a method of evacuation to an Emergency Transit Facility (ETF)
iv. Certain basic security measures should be implemented by the host nation
v. If refuge period is long, the country can also provide some basic vocational
training that will allow refugees to take up low-paying jobs
c) The Member State providing refuge can be compensated afterward if deemed right by
the UN
 d) They will host the refugees until the matter is resolved diplomatically in the United
Nations or another Member States opens its gates for the refugees in which case
resettlement will take place;

11) Asks for the correct procedure to be followed in refugee camps as LGBTI individuals need a
supportive environment throughout the determination process so they can present their
claims freely; for this:
a) For interviewers and decision makers:
i. Interviewers and decision makers must have an objective approach so they do
not reach conclusions based on stereotypes and bias or inappropriate
perceptions against LGBTI individuals
ii. Interviewers who are uncomfortable with diversity of sexual orientation should
not be part of this process
iii. Specialized training on particular aspects must be given to these interviewers,
advocates, legal representatives and decision makers
iv. The use of vocabulary that is non-offensive and is positive toward these
individuals should be used
b) Women refugees should be given additional safeguards as presented in the UNHCR’s
Guidelines on Gender-Related Persecution:
i. They should be interviewed by women
ii. They should be taken to a place where there is no presence of male family
members so as to give them an opportunity to express their feelings freely
c) Special safeguards for children should also be taken such as priority and presence of a
legal guardian;

12) Decides to remain actively seized on the matter.