A/HRC/35/36
a broad range of stakeholders. Shortly after assuming the mandate, the Independent Expert
held a public consultation on the mandate to engage in dialogue with Governments, nongovernmental organizations, international organizations and other actors, in Geneva, in
January 2017. The aim was to consult broadly on the work under the mandate. The
consultation was webcast publicly so as to enable global access to it. The various key issues
raised during the consultation are reflected in the present report. Since the beginning of his
work on the mandate, he has gathered a wide range of information — some written, some
oral — to help prepare the present report. This is an introductory report — a window
through which to gauge his approach — and it provides an overview of issues to be
explored in more detail in subsequent reports. It is the Independent Expert’s intention to
balance and cross-check between a variety of sources of information — governmental,
intergovernmental and non-governmental. He does this with a view to ensuring objectivity
of analysis in his capacity as Independent Expert; the present report was written and typed
by the Independent Expert himself.
5.
Other aspects of the methodology include plans for country visits, action to respond
to communications to address negative situations pertaining to sexual orientation and
gender identity, and cooperation with a broad range of actors, including affected groups and
individuals, Governments, regional and national human rights institutions, other special
procedure mandate holders, human rights treaty bodies and United Nations agencies. The
first country visit carried out by the mandate holder was to Argentina, in March 2017. His
end-of-mission statement is available online.3 A separate report on his mission to Argentina
will be issued subsequently. The Independent Expert warmly thanks the Government and
people of Argentina for their excellent cooperation. He was impressed with many key
developments in the country, which provide positive lessons for the rest of the world
community, while also bearing in mind a range of challenges.
III. Mandate
6.
There are various essentials that should be taken into account in undertaking work
related to this mandate. Firstly, words are very sensitive under the mandate. From his very
first days undertaking his tasks, the Independent Expert has been struck by the quest for
balanced terminology concerning sexual orientation and gender identity. The acronym
“LGBT” appears in discussions and is closely linked with this mandate. 4 It stands for
lesbian, gay, bisexual and transgender (persons). Many people are confused by the terms
“transgender man/trans man” and “transgender woman/trans woman”. The former denotes
those classified biologically at birth as women, who wish to have their self-identity
recognized as men, while the latter means the converse: those classified biologically at birth
as men, who wish to have their self-identity recognized as women. The term “intersex”
(person) — the “I” in “LGBTI” — even when explained as referring to persons with
atypical sex characteristics, is not easily understood.5 The mandate will cover this group
where there is a link with sexual orientation and gender identity, while recognizing that the
group has special features not necessarily related to sexual orientation and gender identity.
7.
Secondly, regrettably, every society has many pejorative terms used to designate
various groups and persons as regards their sexual orientation or gender identity. Semantic
negativities add to a lack of (or difficulties in) understanding and to misconceptions —
fuelling narrow mindsets — about those who fall under the rubric of sexual orientation and
gender identity, and this dilemma contributes to the ensuing violence and discrimination.
There is thus an invitation to clarify the terms used and to avoid negative terminology, to
help prevent misunderstandings and to stem biases and prejudices which breed various
“phobias” and which are found, to a lesser or greater extent, in all societies. Many United
3
4
5
4
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21343&LangID=E.
Ibid.
Ibid.
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