A/HRC/26/29
26.
The Special Rapporteur also notes that the failure to provide any outlet for
politically excluded groups to air their grievances can be counterproductive and carry
severe consequences. Further, such restrictions can foster or magnify a culture of silence
among the excluded group, putting them at higher risk of violations and abuses that may go
unreported, uninvestigated and unpunished.
27.
In addition, sexual orientation and gender identity are increasingly used as a basis
for explicit discrimination in the area of assembly rights. In Ukraine, a draft law “on
propaganda of homosexuality”, which prohibits “propaganda of homosexual relations”
aimed at children, was recommended in 2013 for the consideration of the parliament. This
draft law defines “propaganda” as any public action to spread information on same-sex
relations, including peaceful assemblies and educational courses. In August 2012, a Russian
court upheld a Moscow city council ban on gay pride parades, prohibiting such assemblies
for the next 100 years. In early 2014, the President of Nigeria signed the Same Sex
Marriage (Prohibition) Act, which bans gay marriage and also makes it an offence to
register, operate, participate in or support gay clubs, societies, organizations, processions or
meetings, or to make a public display of a same-sex amorous relationship, directly or
indirectly. An offence is punishable by a prison term of 10 years. The provision effectively
bans any public or private meeting on the subject of sexual orientation and gender identity.
In Uganda, the President signed a new anti-homosexuality bill into law in February 2014.
This law imposes a sentence of life imprisonment for homosexuality and same-sex
marriage and five to seven years of imprisonment for the “promotion” of homosexuality,
which directly targets and threatens the work of LGBTI organizations and human rights
defenders. In Kuwait, the new criminal offence of “imitating the opposite sex” directly
targets and criminalizes transgender people and anyone seen as not conforming to gender
norms. It has resulted in harassment, arbitrary arrest and detention, abuse, torture and
sexual assault of transgender people. Expressing its concern, the Human Rights Committee
has recommended that the offence be repealed (CCPR/C/KWT/CO/2, para. 30).
28.
Such provisions are in clear violation of international human rights law. In that
regard, the Human Rights Committee stated that “the reference to ‘sex’ in articles 2,
paragraph 1, and 26 [of the International Covenant on Civil and Political Rights] is to be
taken as including sexual orientation”.19 Since then, in numerous concluding observations,
the Committee has urged State parties to guarantee equal rights to all individuals, as
established in the Covenant, regardless of their sexual orientation or gender identity.
2.
General legal provisions on freedom of peaceful assembly that have
a disproportionately negative impact on certain groups
29.
In some circumstances, general laws governing assemblies may have a
disproportionate impact on certain groups who exercise or seek to exercise their assembly
rights. Those restrictions appear to be neutral on their face, but in practice, they may have a
harsh impact on the assembly rights of certain groups most at risk. They may also be
drafted to appear neutral, but in practice are applied only against certain groups.
30.
Some of the most prominent examples include “public morality” laws that have been
used selectively against those promoting LGBTI rights. In June 2013, the President of the
Russian Federation signed legislation banning “propaganda of non-traditional sexual
relations” among minors. There is no legal definition in the Russian law of what constitutes
non-traditional sexual relations, but it is widely acknowledged to be code for homosexual
relations. While legislators have argued that the main purpose of the law is to protect
children, the Committee on the Rights of the Child expressed concern at the law and
19
10
Toonen v. Australia, para. 8.7.
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