Council Concludes Dialogue with Independent Expert on Protection against Violence and Discrimination Based on Sexual Orientation and Gender Identity
The Human Rights Council this morning started an interactive dialogue with the Special Rapporteur on the human rights of internally displaced persons. It also concluded the interactive dialogue with the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity.
Paula Gaviria Betancur, Special Rapporteur on the human rights of internally displaced persons, said every year, the number of internally displaced persons globally reached a record high, with tens of millions of individuals grappling with the devastating consequences of displacement caused by new conflicts, more frequent disasters, and a lack of accountability for human rights abuses. At the end of 2023, there were 68.3 million people internally displaced by conflict and violence. This was an increase of 49 per cent from five years ago. In addition to people displaced by conflict and violence, 7.7 million persons were internally displaced at the end of 2023 because of floods, storms, earthquakes, wildfires and other disasters. Addressing the underlying drivers of displacement and implementing climate adaptation and mitigation measures was increasingly urgent.
Ms. Betancur presented her report on the planned relocation of people in the context of disasters and the adverse effects of climate change. She said around 70 per cent of internally displaced persons were in fragile and or conflict-affected States that were particularly vulnerable to the adverse effects of climate change. States had the responsibility to develop climate adaptation, mitigation measures and disaster prevention to keep human settlements intact whenever possible. The report outlined the crucial elements of a human rights-based approach to planned relocation, while offering guidance for such relocations in the context of disasters and the adverse effects of climate change.
The Special Rapporteur spoke about her visit to Mozambique, and Mozambique took the floor as a country concerned.
In the discussion, some speakers noted that many displacements were caused by conflicts and natural disasters. States needed to protect the rights of internally displaced persons. Relocation should only be used as a last resort, in accordance with international standards and based on human rights, with the informed consent of those affected. Support polices needed to consider the specificities and lifestyles of indigenous peoples and be developed in consultation with them. Women, children, persons with disabilities and persons of diverse sexual orientation and gender identity were also disproportionately affected by displacement and needed to be protected. States needed to enhance efforts to address the triple planetary crisis, which had caused high levels of displacement, particularly in coastal areas and on small island States.
At the beginning of the meeting, the Council concluded the interactive dialogue with the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, which began yesterday. A summary can be viewed here.
In concluding remarks, Graeme Reid, Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, said fundamental rights and freedoms should apply to everyone equally, regardless of sexual orientation and gender identity. Restrictions of freedom were having negative consequences. There was a lack of access to appropriate health facilities for people of diverse sexual orientation and gender identity in some countries; this needed to be addressed. Several States had not participated in the dialogue and had left the room; this was emblematic of the polarised world all lived in. Mr. Reid said he was interested in addressing these States.
In the discussion, some speakers, among other things, thanked the Independent Expert for his report, which presented a detailed picture of the current global situation and offered a sobering analysis of the challenges faced by lesbian, gay, bisexual, transgender and intersex persons in response to their legitimate rights. Due to restrictions on freedom of expression, peaceful assembly and association, as well as existing social stigma and hostile rhetoric around the world, lesbian, gay, bisexual, transgender and intersex persons continued to face significant obstacles to advocating for their rights and their meaningful inclusion in societies.
Speaking in the interactive dialogue on the Independent Expert’s report were Australia, Chile, United Nations Children’s Fund, Israel, United Nations Women, Canada, Ireland, India, Poland, Greece, France, Luxembourg, Slovenia, Belgium, Germany, Spain, Colombia, Malta, Cyprus, Albania, Netherlands, Brazil, Cuba, South Africa, Austria, Switzerland, United Nations Population Fund, United States, Venezuela, Montenegro, United Kingdom, Nepal, India, Joint United Nations Programme on HIV/AIDS, Ukraine, Honduras and Ghana.
Also speaking was the Australian Human Rights Commission and the following non-governmental organizations: International Lesbian and Gay Association, GIN SSOGIE NPC,Asociacion HazteOir.org, Federatie van Nederlandse Verenigingen tot Integratie Van Homoseksualiteit – COC Nederland, Global Action for Trans* Equality Inc., Asia Pacific Transgender Network, British Humanist Association, Swedish Federation of Lesbian, Gay, Bisexual and Transgender Rights – RFSL, American Civil Liberties Union and Humanists International.
Speaking in the discussion on internally displaced persons were the European Union, Norway on behalf of a group of countries, Austria on behalf of a group of countries, Ukraine on behalf of a group of countries, United Nations Development Programme, Kuwait, Armenia, Egypt, Lesotho, Georgia, Samoa, France, Luxembourg, Food and Agriculture Organization of the United Nations, Honduras, Algeria, Ethiopia, United States, Costa Rica, Iraq, Bangladesh, Canada, Democratic Republic of the Congo, China, Colombia, Russian Federation, Sovereign order of Malta, Albania, Panama, Togo, Cameroon, Yemen, Switzerland, Afghanistan, Libya, Romania, Venezuela, Mali, Sudan, Burkina Faso, Malawi, Marshall Islands, Iran, Uganda, Vanuatu, Zimbabwe, Azerbaijan and Chile.
The webcast of the Human Rights Council meetings can be found here. All meeting summaries can be found here. Documents and reports related to the Human Rights Council’s fifty-sixth regular session can be found here.
The Council will reconvene at 3 p.m. this afternoon to conclude the interactive dialogue with the Special Rapporteur on the human rights of internally displaced persons, before holding an interactive dialogue with the Special Rapporteur on the elimination of discrimination against persons affected by leprosy (Hansen’s disease) and their family members. The Council will then hold an interactive dialogue with the Special Rapporteur on violence against women, its causes and consequences.
Interactive Dialogue with the Independent Expert on Protection against Violence and Discrimination Based on Sexual Orientation and Gender Identity
The interactive dialogue with the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity started in the previous meeting and a summary can be found here.
Discussion
In the continuing discussion, some speakers congratulated the Independent Expert for his appointment and welcomed the timely report. They wished him success and reiterated full support for his mandate. All human beings were equal and sexual orientation and gender identity could not be a cause of discrimination or violence. When lesbian, gay, bisexual and transgender persons could safely express their opinions and celebrate inclusion and diversity, more vibrant and inclusive societies could be created.
However, the world was still witnessing a global trend of freedom restrictions against lesbian, gay, bisexual and transgender individuals, including hate speech, misrepresentation, and violence, among others. Some speakers expressed their deep concern at the increase in laws and policies used to restrict rights to freedom of expression, assembly and association based on sexual orientation and gender identity. Every day, and across the world, lesbian, gay, bisexual, transgender and intersex persons were attacked for speaking out to defend equality, for marching in the streets to defend their rights, or even for simply talking about sexual orientation or gender identity.
Some speakers noted that more States were also enacting laws that banned public information or activities supporting the rights of this group, endangering advocates with prosecution, imprisonment or worse. These undermined democracy, marginalised lesbian, gay, bisexual, transgender and other gender-diverse persons, and contradicted State obligations under international human rights law. Some speakers noted restrictive laws in specific countries as being highly concerning. It was vital to end discrimination and stigma related to sexual orientation and gender identity. Human rights had no gender.
The use of hostile rhetoric, hate speech, and false narratives to target lesbian, gay, bisexual and transgender persons must not be condoned. Some speakers called for the decriminalisation of homosexuality and for all restrictive laws to be repealed. One speaker noted that while the report documented an observable trend in laws, policies and practices that restricted the rights to freedom of expression, peaceful assembly and association, there was also progress and hope. Many States were taking steps to ensure that these rights were upheld regardless of sexual orientation and gender identity.
Among questions asked to the Independent Expert were: what advice could you give to the United Nations system to ensure it played its role in promoting and protecting rights to freedom of expression, peaceful assembly and association based on sexual orientation and gender identity, including at the Human Rights Council? How could it be ensured that gender was recognised as a protected characteristic to prohibit hate speech, violence and discrimination against lesbian, gay, bisexual and intersex persons? What were the urgent steps for States to take to ensure that these freedoms were equally upheld for everyone? How could accountability be ensured, when victims were often unwilling to report incidents due to harmful stereotypes and stigma?
Intermediate Remarks
GRAEME REID, Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, thanked the United Kingdom, the United States and Cambodia for providing a full picture of their engagement with the country report process. He was encouraged to hear the responses to the recommendations issued in the reports and visions for the future. He also thanked Poland for welcoming a future country visit.
It was important to recognise the urgency and implications of the problem, including the instrumentalisation of the rights of lesbian, gay, bisexual, transgender and intersex people. States should provide strong, inclusive protection for basic human rights. Mr. Reid said he was concerned about the issue of limited resources for grassroots organizations and humanitarian aid around the world, which was impacting organizations working on sexual orientation and gender identity. He was encouraged by progress in the Caribbean towards decriminalisation. Decriminalisation was not confined to the West; there was progress occurring across the world.
Internet technology helped individuals of diverse sexual orientation and gender identity and support organizations to connect. However, online spaces had also become sites of surveillance and entrapment. All needed to find ways of addressing hate speech online. Companies had obligations to invest in monitoring and measures to make online spaces safe for persons of diverse sexual orientation and gender identity.
In many parts of the world, children perceived to be lesbian, gay, bisexual, transgender and intersex faced difficulties in school, which had long-term impacts on their future lives. Bullying had a negative impact on children’s education generally. Education needed to encourage diversity and inclusion. There were also attacks on academics and academic institutions that dealt with sexual orientation and gender identity; these needed to be addressed. It was positive to hear about steps taken in the United States to address book banning and promote inclusive education.
Legal restrictions on civic space were exacerbating an already polarised environment throughout the world. This was creating a moral panic. Laws and restrictive policies related to sexual orientation and gender identity formed part of dehumanising, authoritarian narratives. Anti-transgender narratives sought to divide transgender rights and women’s rights. More efforts were needed to promote inclusivity through laws and policies. Mr. Reid said he intended to, in a future report, explore the vulnerabilities that lesbian, gay, bisexual, transgender and intersex persons faced in conflict situations.
Discussion
In the continuing discussion, speakers, among other things, thanked the Independent Expert for his report, which presented a detailed picture of the current global situation and offered a sobering analysis of the challenges faced by lesbian, gay, bisexual, transgender and intersex persons in enjoying their legitimate rights. The recommendations within the report were highly valuable and when implemented would lead to an improvement in human rights for all lesbian, gay, bisexual, transgender and intersex persons around the world.
Several speakers emphasised the paramount importance of freedom of expression, assembly, and association as foundational pillars of democratic participation and civil society. Regrettably, lesbian, gay, bisexual, transgender and intersex individuals often found themselves deprived of these freedoms, facing systemic violence, discrimination, and imprisonment. Due to restrictions on freedom of expression, peaceful assembly and association, as well as existing social stigma and hostile rhetoric around the world, lesbian, gay, bisexual, transgender and intersex persons continued to face significant obstacles to advocating for their rights and their meaningful inclusion in societies.
Despite progress in some States, with 38 nations decriminalising same-sex conduct in the past 25 years, alarming trends persisted. Many speakers expressed their concern at the increasing implementation of extreme laws targeting lesbian, gay, bisexual, transgender and intersex individuals, resulting in fear, self-censorship, and systematic violence by State and non-state actors. Misrepresentations by lawmakers exacerbated hostilities, falsely framing these individuals as threats.
Many speakers reaffirmed their commitment to advancing human rights for all individuals, irrespective of sexual orientation or gender identity, and to ensuring an inclusive society. Several speakers outlined steps taken by their countries to improve the rights of lesbian, gay, bisexual, transgender and intersex individuals. Several speakers noted that transgender people faced increased challenges. Currently, 25 States banned transgender people from participating in sports which aligned with their gender identity. One speaker said the report lacked the unique challenges faced by trans migrants and refugees.
Among questions asked to the Independent Expert were: given the pervasive nature of discriminatory laws and policies targeting lesbian, gay, bisexual, transgender and intersex individuals, what specific actions could the international community take to support States in reversing these negative trends? Organizations funding and promoting such initiatives, including various religious and conservative organizations, were often operating in the shadows. What were best practices on how to promote freedom of expression, while also protecting victims of hate speech, particularly the lesbian, gay, bisexual, transgender and intersex community? How would the Independent Expert support efforts to advance trans and gender-diverse people’s freedom of expression, particularly freedom of gender expression?
Concluding Remarks
GRAEME REID, Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, in closing remarks, said fundamental rights and freedoms should apply to everyone equally, regardless of sexual orientation and gender identity. Restrictions of freedom were having negative consequences. There was a lack of access to appropriate health facilities for people of diverse sexual orientation and gender identity in some countries; this needed to be addressed. States needed to be particularly careful about combatting hate speech online and develop plans of action in this regard.
Mr. Reid’s experience with the apartheid in South Africa had taught him that rights could not be separated, and that freedom of expression belonged to all. He welcomed Ghana’s engagement with the mandate and its efforts to promote inclusivity. Several States had not participated in the dialogue and had left the room; this was emblematic of the polarised world everyone lived in. Mr. Reid was interested in addressing these States. Everyone was entitled to equal rights and protections, and to fail to recognise this would be a loss for everyone. Society would lose much if people of diverse sexual orientation and gender identity were not included.
Interactive Dialogue with the Special Rapporteur on the Human Rights of Internally Displaced Persons
Reports
The Council has before it the reports of the Special Rapporteur on the human rights of internally displaced persons, Paula Gaviria Betancur, on planned relocations of people in the context of the adverse effects of climate change and disaster(A/HRC/56/47) and on her visit to Mozambique(A/HRC/56/47/Add.1).
Presentation
PAULA GAVIRIA BETANCUR, Special Rapporteur on the human rights of internally displaced persons, said every year, the number of internally displaced persons globally reached a record high, with tens of millions of individuals grappling with the devastating consequences of displacement caused by new conflicts, more frequent disasters, and a lack of accountability for human rights abuses. At the end of 2023, there were 68.3 million people internally displaced by conflict and violence. This was an increase of 49 per cent from five years ago.
Over the past months, Ms. Betancur said she had expressed despair, outrage, and frustration over the unprecedented humanitarian catastrophe unfolding in Gaza, Sudan, Haiti to mention but a few. Nearly 83 per cent of Gaza’s population was now displaced and over 70 per cent of homes destroyed. In Sudan, recent reports indicated 9.9 million people were internally displaced. Haiti’s escalating violence and protection crisis had forced a record of around 600,000 internal displacements in 2024, more than double the figure from 2022. Meanwhile, in Myanmar the vast majority of the three million internally displaced persons were still without proper shelter, without access to food and water.
In addition to people displaced by conflict and violence, 7.7 million persons were internally displaced at the end of 2023 because of floods, storms, earthquakes, wildfires and other disasters. This figure did not include displacement due to slow onset disasters like sea level rise and environmental degradation. In 2023, the earthquakes in Türkiye and Syria triggered 4.7 million displacements. In south-eastern Africa, cyclone Freddy triggered 1.4 million movements across six countries. Some high-income countries reported their highest figures ever. Climate change was contributing to hazards being more frequent and intense, leaving communities more vulnerable. Addressing the underlying drivers of displacement and implementing climate adaptation and mitigation measures was increasingly urgent. Concrete action was needed to translate commitments into tangible outcomes for internally displaced persons on the ground.
At the invitation of the Government of Mozambique, the Special Rapporteur conducted an official visit to the country from 9 to 21 November 2023. Mozambique had made remarkable progress in responding to a complex displacement situation, driven both by conflict and climate emergency that resulted in over 1.2 million internally displaced persons and an additional 110,000 internally displaced persons following the early 2024 attacks in the north. More than 600,000 people returned to their areas of origin in 2023. Ms. Betancur welcomed the commitment shown by Mozambique to the United Nations Secretary-General’s action agenda on internal displacement.
Important challenges persisted, however, both for the remaining displaced population as well as for those who had returned. Food insecurity and protection from gender-based violence were particularly acute among internally displaced populations, disproportionately affecting women and girls, children, persons with disabilities and older persons. Serious protection risks combined with limited capacity of the Government and humanitarian actors had strained the population’s coping abilities and increased vulnerabilities. Ms. Betancur expressed hope that the Government’s Annual Contingency Plan and the 2024 Humanitarian Needs and the United Nations Response Plan for Mozambique would receive the necessary funding to alleviate protection risks and concerns, strengthen livelihoods, and enhance resilience of communities.
Ms. Betancur said she regretted the postponement of her visit to South Sudan and anticipated rescheduling soon. She looked forward to her upcoming visits to the Marshall Islands in October 2024 and to Vanuatu in 2025.
She then presented her report on the planned relocation of people in the context of disasters and the adverse effects of climate change. This phenomenon was expected to increase as climate change intensified. Around 70 per cent of internally displaced persons were in fragile and or conflict-affected States that were particularly vulnerable to the adverse effects of climate change. States had the responsibility to develop climate adaptation, mitigation measures, and disaster prevention to keep human settlements intact whenever possible. Relocation should only be considered as a last resort. Relocations constituted internal displacement when people were made to relocate against their will. Authorities needed to explore all feasible alternatives to displacement. Internally displaced persons had the right to be protected against forcible return to or resettlement in any place where their life, safety, liberty or health would be at risk.
All too often, relocated individuals and communities faced profound negative social and cultural impacts and violations of their human rights, including housing, healthcare, education, and cultural rights, as well as legal uncertainties over land tenure in relocation, access to land or water-based livelihoods. A human rights-based approach to the assessment, planning and implementation of planned relocation could mitigate negative human rights impacts and lay the foundation for durable solutions. This required a government-led and whole-of-society approach.
The report outlined the crucial elements of a human rights-based approach to planned relocation, while offering guidance for such relocations in the context of disasters and the adverse effects of climate change. States needed to have compelling reasons, strong evidence, and a sound legal basis for planned relocations, which needed to be a last resort measure. States needed to also establish and implement robust legal and institutional frameworks, hold meaningful consultations, ensure access to justice and remedies, and invest in capacity building on a human rights-based approach.
Indigenous peoples and other affected persons needed to be informed, consulted and involved in decision-making and their specific needs and vulnerabilities addressed. International and regional organizations and the private sector needed to support these efforts by providing technical, financial and capacity building assistance, enhancing resilience and promoting sustainable development. In this regard, the decision at the twenty-eighth session of the Conference of the Parties to the United Nations Framework Convention on Climate Change to operationalise a fund for loss and damage needed to include financing for planned relocations.
Statement by Country Concerned
Mozambique, speaking as a country concerned, expressed its gratitude to the Special Rapporteur for her visit to Mozambique. While Mozambique welcomed the report, the State wished to clarify its position on some of its parts. Mozambique had ratified the Convention for the Protection and Assistance of Internally Displaced Persons in Africa, known as the Kampala Convention, and since then, it had developed efforts towards its internal domestication to implement the Convention internally. Mozambique guaranteed the rights of internally displaced persons to humanitarian assistance and had established the grievance mechanism through the creation of a hotline and placement of complaint boxes in the resettlement neighbourhoods to receive and follow up on the concerns of those affected. The Assembly of the Republic unanimously approved the law on the protection of persons with disabilities, and a conference was held in April 2024 for its dissemination. The Government of Mozambique had promoted campaigns or road shows on justice which provided for protection of internally displaced persons. The State was satisfied with the report and hoped the different interventions would supplement the recommendations it contained.
Discussion
In the ensuing discussion, some speakers, among other things, noted that the number of internally displaced persons worldwide had reached a new record high of 75.9 million persons at the end of last year. Many displacements were caused by conflicts and natural disasters. Internally displaced persons could go for years without accessing essential services. They were also at risk of other human rights violations.
States needed to protect the rights of internally displaced persons, some speakers said. Relocation should only be used as a last resort, in accordance with international standards and based on human rights, with the informed consent of those affected. The phenomenon of displacement needed to be addressed in a comprehensive manner. States needed to provide access to all services to internally displaced persons and strengthen dedicated support services and infrastructure.
Measures needed to be taken to protect groups with dependency on their lands. Planned relocations had a particular impact on indigenous peoples. Support polices needed to consider the specificities and lifestyles of indigenous peoples and be developed in consultation with them. Women, children, persons with disabilities and persons of diverse sexual orientation and gender identity were also disproportionately affected by displacement and needed to be protected.
States needed to enhance efforts to address the triple planetary crisis, which had caused high levels of displacement, particularly in coastal areas and on small island States. Desertification, rising temperatures, sea level rise and increased rainfall were among the climate change-induced threats that needed to be considered. The need for investment in climate early warning systems was high. Climate change disproportionately affected women and children; their needs needed to be considered. Affected persons needed to lead efforts to develop policies on disaster-related displacement. Governments and organizations needed to provide emergency support, build resilience, and promote durable solutions for all. Developing countries needed to be supported by developed countries to devise climate change response plans and implement the Sustainable Development Goals. Some speakers presented budgeting and policy measures to protect and promote the rights of internally displaced persons.
Many speakers welcomed the report, which provided key insights into the impact of relocations on internally displaced persons, and commended the Special Rapporteur’s efforts to promote the rights of internally displaced persons. They expressed support for the Special Rapporteur’s mandate.
Some speakers said that regional conflicts in many countries and regions had led to large displacements. They called for an end to these conflicts and for support to be provided to the internally displaced persons these conflicts had created. There needed to be increased international humanitarian aid delivered in these regions.
Speakers asked how States could protect the rights of relocated internally displaced persons in ongoing humanitarian crises; how relocations could be conducted without discrimination and in line with best practices and human rights principles; how States could support initiatives to improve climate early warning systems; ways to strengthen internally displaced persons’ self-resilience in conflict situations; concrete measures for assisting persons displaced by climate change; and best practices for selecting areas for relocation.
Intermediate Remarks
PAULA GAVIRIA BETANCUR, Special Rapporteur on the human rights of internally displaced persons, thanked everyone who had expressed support for the mandate and for their questions and comments. Early warning and action stood as one of the best measures for reducing disaster impacts. This included hazard monitoring and forecasting systems, regional coordination, and promoting community involvement in early warning systems. States could promote legal and policy frameworks, including the United Nations framework on internal displacements. It was important to encourage and support national human rights institutions that were key institutions to support and protect internally displaced persons.
On concrete solutions for States to help people displaced by climate change, legal and policy development was important. Climate change mitigation and adaptation strategies and allocating sufficient funding and resources were also key. Children-centred planning and psychosocial support were also important; families should not be separated. While developing relocation plans, community engagement and consultation, including of women, children and persons with disabilities, was also essential.
Discussion
Continuing the discussion, some speakers, among other things, said planned relocations should be considered as a tool of last resort. The rights of affected populations needed to be respected. There needed to be legal frameworks in place to organise relocation based on the independence of individuals. A human rights-based approach to planned relocation was essential. Comprehensive standard operating procedures for relocations needed to be developed.
Opinions, needs and capacities related to relocation differed depending on factors such as gender and age. Female internally displaced persons faced disproportionate challenges, one speaker noted. They faced violence and limited access to education, health care and other rights. There was a need for urgent measures to protect the rights of female internally displaced persons.
Many speakers addressed the growing number of internal displacements being caused by climate change. Small island developing States had contributed the least to climate change but were the most affected. They needed financial and policy support from developed States.
Some speakers addressed displacement in specific countries and regions due to climate and conflict-related issues. One speaker said that many countries did not have sufficient financial resources to provide the required humanitarian support to internally displaced persons, and called for more donor support to be provided. Humanitarian actors needed access to these regions to provide support. Internally displaced persons affected by conflict needed access to health care, shelter, food and other basic services. A number of speakers presented national efforts to uphold the rights of internally displaced persons.
Many speakers commended the report, which they said dealt with timely issues, and commended the work and activities of the Special Rapporteur. Speakers asked the Special Rapporteur about challenges regarding cooperation with local actors on planned relocations; practical approaches for supporting relocated persons; ways of ensuring that relocations did not amount to enforced disappearance; examples of best practice early warning mechanisms; and how United Nations agencies could contribute to responding to climate-induced displacement.
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