A/HRC/35/36 I. Introduction 1. The mandate of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity was established by the Human Rights Council in 2016 in its resolution 32/2.1 Vitit Muntarbhorn, an emeritus law professor from Thailand, was appointed to the post, as the first mandate holder. He began his mandate in November 2016. The Independent Expert is mandated to report annually to the Human Rights Council and the General Assembly. The present report is the first by the Independent Expert under a three-year mandate and it covers the first few months of his work, up until March 2017. The Independent Expert wishes to warmly thank Governments, international organizations, non-governmental organizations, communities, individuals and other stakeholders for their kind support. He welcomes the information sent by numerous contributors, which will progressively be integrated into his analysis and reports. 2. Everyone has some form of sexual orientation and of gender identity. 2 Sexual orientation has an external dimension — it indicates a person’s sexual inclination and feelings towards others. Gender identity has an internal dimension — the term refers to how a person self-identifies in regard to his or her own gender, which may be different from the gender assigned at birth. Even though human rights are inherent to everyone and involve protection for all persons without exception, regrettably persons with an actual or perceived sexual orientation and/or gender identity diverging from a particular societal concept are at times targeted for violence and discrimination, and violations are pervasive in numerous settings. Killings, rapes, mutilations, torture, cruel, inhuman and degrading treatment, arbitrary detentions, abductions, harassment, physical and mental assaults, bullying suffered from a young age, pressures leading to suicide, and discriminatory gestures and measures — aggravated by incitement to hatred — in relation to sexual orientation and gender identity, are widespread on several fronts. These negative incidents call for effective action to counter the violence and discrimination in their various forms. This is a local-global phenomenon that traverses the home, the educational system, community relations, national scenarios and the international setting. 3. The present report is thus anchored on the belief that while the diversity among human beings on the basis of sexual orientation and gender identity should be recognized (i.e. diversity in humanity), it is essential to harness and reinforce, from a young age, mutual respect, tolerance and understanding, compliance with human rights, and a sense of humanity and inclusivity inherent in that diversity (i.e. humanity in diversity), under the umbrella of international human rights law, to accord protection for all and to all. II. Methodology 4. The work of the Independent Expert follows the mandate set by the Human Rights Council as part of the Council’s special procedures. From the outset, the Independent Expert has adopted an approach of open and constructive dialogue and of engagement with 1 2 See A/HRC/29/23 for background information. For some definitions, see Living Free and Equal: What States Are Doing to Tackle Violence and Discrimination against Lesbian, Gay, Bisexual, Transgender and Intersex People (United Nations publication, 2016), pp. 18 and 19, available from www.ohchr.org/Documents/Publications/LivingFreeAndEqual.pdf: “Gender identity reflects a deeply felt and experienced sense of one’s own gender … Transgender (sometimes shortened to “trans”) is an umbrella term used to describe people with a wide range of identities … Trans women identify as women but were classified as males when they were born. Trans men identify as men but were classified female when they were born … Intersex people are born with physical or biological sex characteristics including sexual anatomy … that do not fit the typical definitions of male or female … Sexual orientation refers to a person’s physical, romantic and/or emotional attraction towards other people … Gay men and lesbian women are attracted to individuals of the same sex as themselves. Heterosexual people are attracted to individuals of a different sex from themselves. Bisexual ... people may be attracted to individuals of the same or different sex.” 3