A/HRC/29/23 consensual, adult same-sex relationships.70 Sometimes inherited as colonial-era legislation, these laws typically prohibit certain types of sexual activity or any intimacy between persons of the same sex. Cross-dressing or “imitating the opposite sex” is also sometimes penalized.71 Wording often refers to vague and undefined concepts, such as “crimes against the order of nature” or “morality”, “debauchery”, “indecent acts” or “grave scandal”.72 Penalties include lashings, life imprisonment and the death penalty. 45. Human rights mechanisms continue to emphasize links between criminalization and homophobic and transphobic hate crimes, police abuse, torture, family and community violence and stigmatization, as well as the constraints that criminalization put on the work of human rights defenders. 73 The Special Rapporteur on freedom of religion or belief has noted that these laws may give a pretext to vigilante groups and other perpetrators of hatred for intimidating people and committing acts of violence.74 2. Death penalty 46. In the Islamic Republic of Iran, Mauritania, Saudi Arabia, the Sudan and Yemen, and in parts of Nigeria and Somalia, the death penalty may be applied in cases of consensual homosexual conduct. Death is also the prescribed punishment for homosexuality in the revised penal code of Brunei, although relevant provisions have yet to take effect. 47. The application of the death penalty in this context represents a grave violation of human rights, including the rights to life, privacy and non-discrimination. The Human Rights Committee and the Committee on Economic, Social and Cultural Rights have repeatedly expressed concern about death sentences for consensual adult sexual conduct.75 The Special Rapporteur on extrajudicial, summary or arbitrary executions has reiterated that death sentences may only be imposed for the most serious crimes and that offences related to homosexual conduct and sexual relations between consenting adults do not meet that threshold.76 “Anti-propaganda” laws 3. 48. In the past two years, laws have been enacted or proposed in several States that seek to restrict public discussion of sexual orientation under the guise of “protecting minors” from information on so-called “non-traditional sexual relations”.77 These laws, sometimes called “anti-propaganda” laws, are often vaguely worded and arbitrarily restrict the rights to freedom of expression and assembly. They also contribute to ongoing persecution of members of the LGBT community, including young persons who identify or are perceived as LGBT.78 The Special procedures mandate holders on human rights defenders, on freedom of opinion and expression and on freedom of peaceful assembly and of association 70 71 72 73 74 75 76 77 78 Lucas Paoli Itaborahy and Jingshu Zhu, State-sponsored Homophobia, International Lesbian, Gay, Bisexual, Transgender and Intersex Association (ILGA), Brussels, 2014), p. 21. Mozambique and Palau have decriminalized homosexuality since the publication of the report. See CCPR/C/KWT/CO/2, para. 30. See CCPR/C/PHL/CO/4, para. 10, CCPR/C/ETH/CO/1, para. 12. See A/HRC/26/29, para. 27, CCPR/C/SLE/CO/1, para. 11. A/HRC/28/66, para. 42. See CCPR/C/YEM/CO/5, para. 13, E/C.12/IRN/CO/2, para. 7. See A/67/275, paras. 36-38, A/HRC/27/23, para. 28. See CEDAW/C/KGZ/CO/4, para. 9. See CCPR/C/106/D/1932/2010, para. 10.8, CCPR/C/LTU/CO/3, para. 8. 13