A/HRC/41/45 I. Introduction 1. The present report is the second submitted to the Human Rights Council by the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, Victor Madrigal-Borloz, since he took up his functions under the mandate. 2. In his 2018 report to the Human Rights Council, 1 the Independent Expert expressed concern at the impact of stigmatization and negation on the global, regional and national base of evidence available to inform effective measures to address violence and discrimination. In particular, he underlined that in contexts of negation, data gathered would be unreliable, unsystematic and biased, and that all State measures to address violence and discrimination, be it public policy, access to justice, law reform or administrative actions, would be hindered by that fact. 2 In the present report, the Independent Expert consequently focuses on the role of data in the creation of a state of heightened awareness of the scourge of violence and discrimination based on sexual orientation and gender identity; the risks associated with data collection, use and storage; and key human rights safeguards in that regard. 3. The report is issued pursuant to Human Rights Council resolution 32/2, and reflects the work carried out from 1 May 2018 to 30 April 2019. II. Activities carried out from 1 May 2018 to 30 April 2019 4. In its resolution 32/2, the Human Rights Council included engagement in dialogue as one of the guiding principles for the mandate. The Independent Expert has actively engaged with a vast group of interlocutors, including States, United Nations agencies, funds and programmes, regional human rights mechanisms, national human rights institutions, civil society organizations, academic institutions, and leaders and members of faith-based communities. All of the dialogue takes as the point of departure a basic common ground: violence and discrimination on the basis of sexual orientation and gender identity are never justified and must be prevented and condemned. 5. The Independent Expert held several meetings with State representatives, regional groups and coalitions, and representatives of international and regional organizations. The meetings were held in Geneva, on 19 June 2018, 13 February 2019 and 25 April 2019; in Vancouver, Canada, from 5 to 7 August 2018; in New York, from 22 to 24 October 2018; and in Washington, D.C., from 5 to 8 March 2019. 6. Meetings and consultations with dozens of civil society organizations and individual experts were held virtually and in person in Gaborone, from 31 May to 3 June 2018; in Geneva, from 13 to 20 June 2018 and on 12 and 13 February 2019; in New York, from 22 to 24 October 2018; and in Wellington, from 17 to 21 March 2019. The meetings were focused on receiving input with regard to the issue of violence and discrimination as seen by stakeholders, with a particular emphasis on legal gender recognition and depathologization, data and sociocultural inclusion, as well as on the dissemination of the objectives and functions of the mandate. 7. The Independent Expert conducted two country visits: one to Georgia (25 September to 5 October 2018) and one to Mozambique (3 to 10 December 2018). He would like to express his thanks for the invitations he received and for the collaboration with respect to the visits. He is also grateful for the invitations extended to him by Iceland, Malta, Sri Lanka and Ukraine. Upon request of the custodial system of the Costa Rican judiciary he provided technical advice through digital consultations. 1 2 A/HRC/38/43. Ibid., para. 62. 3