Policymakers in most parts of the world are taking decisions in the dark when it comes to sexual orientation and gender identity, an independent UN human rights expert said on Wednesday.
In a statement issued ahead of presenting his latest report to the Human Rights Council later this month, Victor Madrigal-Borloz urged States to collect more data in an effort to understand the root causes of violence which is often routinely directed towards Lesbian, Gay, Bisexual and Transgender (LGBT) people in societies across the world.
“States must adequately address this scourge through public policy, access to justice, law reform or administrative actions,” said Mr. Madrigal-Borloz. “In most contexts, policymakers are taking decisions in the dark, left only with personal preconceptions and prejudices.”
Clear information about the realities as lived by most LGBT people are at best, little understood, “incomplete and fragmented”, said the UN Independent Expert on Protection against violence and discrimination based on sexual orientation and gender identity, “but in most countries it is simply non-existent”.
“My findings show that barriers created by criminalization, pathologization, demonization and stigmatization, hinder accurate estimates regarding the world population” which is affected, he said. “Maintaining such a level of ignorance without seeking appropriate evidence is tantamount to criminal negligence.”
The expert said that data collection efforts are already underway in many parts of the world and have supported assessments of the situation of LGBT persons in various areas of life, including their relative safety, well-being, health, education and employment.
“However, many other areas still lack data and remain unexplored, for example, the concerns of ageing LGBT people and intersections with disability, racism and xenophobia”, he noted, adding that where States criminalize certain forms of sexual orientation and gender identity and expression, fully effective data collection is impossible: “I have received multiple accounts of data being used for surveillance, harassment, entrapment, arrest and persecution by government officials in such contexts”, he added.
The rapporteur called on States to “design and implement comprehensive data collection procedures to assess the type, prevalence, trends and patters of violence and discrimination against LGBT persons. When doing so, States should always respect the overriding ‘do no harm’ principle and follow a human rights-based approach to prevent the misuse of collected data,” concluded the expert.
US must take ‘serious action’ to halt police killings of unarmed African Americans
The UN human rights chief on Thursday condemned the killing of 46-year-old George Floyd while in police custody in the city of Minneapolis, calling it the latest in “a long line of killings of unarmed African Americans by US police officers and members of the public”.
“I am dismayed to have to add George Floyd’s name to that of Breonna Taylor, Eric Garner, Michael Brown and many other unarmed African Americans who have died over the years at the hands of the police – as well as people such as Ahmaud Arbery and Trayvon Martin who were killed by armed members of the public”, said High Commissioner for Human Rights, Michelle Bachelet, in statement.
She spelled out that authorities in the United States must take “serious action” to stop such killings, and to ensure that justice is done when they do occur.
“Procedures must change, prevention systems must be put in place, and above all police officers who resort to excessive use of force, should be charged and convicted for the crimes committed”, the High Commissioner underscored.
A probe prioritized
The UN human rights chief welcomed the announcement by Federal authorities in Washington, that they would be prioritizing an investigation into the incident, but stressed that “in too many cases in the past, such investigations have led to killings being deemed justified on questionable grounds, or only being addressed by administrative measures.”
“The role that entrenched and pervasive racial discrimination plays in such deaths must also be fully examined, properly recognized and dealt with”, she added.
The killing has sparked violent protests in Minnesota’s largest city, with hundreds of demonstrators clashing with police clad in riot gear, over two nights of unrest.
Video captured at the scene on Monday, and posted on social media, shows a white police officer, using his knee to pin Mr. Floyd to the ground over the course of several minutes. Four officers involved in the incident have been dismissed, but none have so far been charged. The city’s Mayor, Jacob Frey, has appealed for calm, writing on Twitter that “we cannot let tragedy beget more tragedy”.
Violence won’t end police brutality
While empathizing with the anger unleashed by Mr. Floyd’s killing, the top UN rights official encouraged people in Minneapolis and elsewhere to protest peacefully.
“Violence and destruction of property won’t solve the problem of police brutality and enshrined discrimination”, she said.
“I urge protestors to express their demands for justice peacefully, and I urge the police to take utmost care not enflame the current situation even more with any further use of excessive force”, concluded the High Commissioner.
More ‘can and must be done’ to eradicate caste-based discrimination in Nepal
Shocked over the killing last weekend of five men in Nepal, who had planned to escort home one of their girlfriends from a higher caste, the UN human rights chief on Friday stressed that ending caste-based discrimination is “fundamental” to the overall sustainable development vision of leaving no one behind.
“It is distressing that caste-based prejudices remain deeply entrenched in our world in the 21st century, and I am filled with sadness for these two young people who held high hopes of building a life together despite the obstacles presented by their accident of birth” said High Commissioner for Human Rights Michelle Bachelet, referring to the couple at the centre of the tragedy.
Last Saturday, a 21-year-old man from the ‘untouchable’ Dalit caste, known as Nawaraj BK, and his friends, traveled some 32 km from Jajarkot district, to Western Rukum district, the home of the man’s girlfriend, who belongs to a higher social caste.
They intended to escort the young woman back to their home district, reportedly at her request, but were attacked and chased into a river. Five men, four of whom were also Dalits, were later found dead, while another is still missing.
“Caste-based discrimination remains widespread, not only in Nepal but other countries, and often leads to serious harm and, as in this case, even loss of life”, lamented Ms. Bachelet.
Dalits under attack
Nawaraj’s case is not an isolated one.
Dalits, formerly known as “untouchables”, have suffered for generations of public shaming at the hands of upper-caste Hindus and continue to face widespread atrocities across the country, with any seeming attempts at upward social mobility, violently shut down.
In a similar case, disturbing reports have also emerging about a 12-year-old Dalit girl who was killed in a separate attack in the village of Devdaha, in the Rupandehi district in southern Nepal.
She is said to have been forcibly married to her alleged rapist from a dominant caste. The girl’s body was reportedly left hanging from a tree on Saturday.
The High Commissioner called for an independent investigation into the attacks, underscoring that the victims and their families have the right to justice, truth and reparations.
Searching for justice
The killings have triggered outrage in Nepal, prompting the federal Ministry of Home Affairs to establish a five-member “high-level investigation committee” to look into the incident.
On Tuesday, police reportedly filed a complaint against 20 alleged perpetrators.
“Despite constitutional guarantees, impunity for caste-based discrimination and violence remains high in Nepal”, according to the UN human rights office (OHCHR).
And while the country has taken “big strides to address this scourge”, she maintained that “so much more can and must be done, to eradicate this blight on society”.
The Nepali Parliament’s Law, Justice and Human Rights Committee has asked authorities to immediately investigate two cases of gang-rape of Dalit women, as well as other caste-based cases involving murder, enforced disappearances and forced abortion.
Although Nepal is party to the Convention on the Elimination of All Forms of Racial Discrimination, the Committee tasked with monitoring the treaty observed that despite the abolition of “untouchability” in Nepal, Dalits continue to face deep-rooted discrimination, including issues surrounding inter-caste marriages.
Discrimination at every turn
And the risks for this vulnerable caste has only increased during the COVID-19 pandemic.
On Monday, the parliamentary committee directed the Government to investigate all incidents of caste-based discrimination and violence during the coronavirus lockdown.
Dalits in Nepal and other countries experience discrimination at every level of their daily lives, limiting their employment and educational opportunities, the places where they can collect water or worship, and their choice of who to marry, says OHCHR.
Structural barriers and discrimination force Dalits to continue low-income and dehumanizing employment, such as manual scavenging, disposing of dead animals, digging graves or making leather products.
COVID-19 crisis putting human trafficking victims at risk of further exploitation
Lockdowns, travel restrictions, resource cutbacks and other measures to curb the spread of the new coronavirus are putting victims of human trafficking at risk of further exploitation, while organized crime networks could further profit from the pandemic, according to the UN Office on Drugs and Crime (UNODC).
New analysis from the agency shows that the crisis is having an impact on the lives of trafficking victims before, during and even after their ordeal.
“With COVID-19 restricting movement, diverting law enforcement resources, and reducing social and public services, human trafficking victims have even less chance of escape and finding help”, said Ghada Fathi Waly, the UNODC Executive Director.
As countries have closed their borders due to the pandemic, some victims are unable to return home. Others face delays in legal proceedings, as well as a reduction in the support and protection they rely on. Some are also in danger of further abuse or neglect by their captors.
“Human trafficking is the result of the failure of our societies and economies to protect the most vulnerable”, said Ilias Chatzis, chief of the UNODC section that works to combat this crime.
“They should not be additionally ‘punished’ during times of crisis.”
Children in danger of new forms of abuse
UNODC said its partners report that due to the pandemic, more children are being forced onto the streets to search for food and money, thus increasing their risk of exploitation.
School closures have not only blocked access to education but also a source of shelter and food for millions of children. The UN recently reported that some 370 million students worldwide are now missing out on school meals, often their only reliable source of nutrition.
Meanwhile, a UN independent human rights expert has underlined the urgent need for child protection services during the pandemic.
Mama Fatima Singhateh, fears the reported surge in violence against children, coupled with new forms of sexual exploitation and abuse, will have “devastating” lifelong implications for millions of youngsters worldwide.
Even before the crisis, as many as 66 million children were already living in “a precarious socio-economic situation”, according to Ms. Singhateh, who is the Special Rapporteur on the sale and sexual exploitation of children, appointed by the UN Human Rights Council in Geneva.
‘Drive-thru’ services for child sexual exploitation
Ms. Singhateh said travel restrictions have spawned new ways to sexually exploit and abuse children, such as attempts to establish “delivery” or “drive-thru” services. There has also been a spike in people trying to access illegal websites featuring child pornography.
“Producing and accessing child sexual abuse material and live-stream child sexual abuse online has now become an easy alternative to groom and lure children into sexual activities and to trade images in online communities”, said Ms. Singhateh. In common with all the UN’s independent rights experts, she is not a UN staff member nor does she receive a salary from the Organization.
Organized crime could benefit
UNODC warned that the pandemic has also created new opportunities for organized crime to profit.
“Traffickers may become more active and prey on people who are even more vulnerable than before, because they have lost their source of income due to measures to control the virus”, said Mr. Chatzis, chief of the agency’s Human Trafficking Section.
Some countries have diverted resources meant for fighting crime to the battle to defeat COVID-19. At the same time, services to assist trafficking victims are being reduced or even shut down.
“We know that people in a vulnerable situation are more exposed to contracting the virus, and they have less access to healthcare if they get sick,” said Mr. Chatzis.
“So it’s alarming to hear that, in some places, trafficking victims no longer have access to shelters, some refuges have even closed down due to the virus and others lack protective equipment – putting both victims and staff at risk.”
UNODC steps up support
As the pandemic deepens, UNODC is constantly monitoring the situation through its network of field offices and global partners.
It is also ramping up support, such as helping anti-trafficking units to get protective equipment, and assisting countries in evaluating the impact of the crisis on resources for victims, law enforcement and justice systems.
“As we work together to overcome the global pandemic, countries need to keep shelters and hotlines open, safeguard access to justice and prevent more vulnerable people from falling into the hands of organized crime”, said Ms. Waly, the agency’s chief.
UNODC further recommends that governments act to ensure that while current restrictions on travel and freedom of movement are respected, access to essential services for victims of human trafficking is guaranteed without discrimination.
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