We welcome the recent affirmation in a public address by UN High Commissioner for Human Rights Louise Arbour that the international principles of universality and non-discrimination apply to the grounds of sexual orientation and gender identity:

Numerous violations of the human rights of lesbian, gay, bisexual and transgender ("LGBT") persons continue, however, to be documented by the UN Special Procedures, including use of the death penalty, torture, criminal sanctions, police harassment, violence, rape, beatings, disappearances, denials of freedom of expression, raids and closures of NGOs, and violations of economic, social and cultural rights.

The concerns raised by the Special Procedures in their 2006 reports to the UN Human Rights Council are summarized below, following which specific excerpts from these reports are quoted in more detail.

• the murder of an HIV/AIDS activist in Jamaica;
• the banning of an LGBT Equality March in Poland, including harassment and intimidation by police and extremist nationalists;
• attempts to close an LGBT NGO in Turkey;
• a raid by local government officials on the home of Chairperson of the NGO Sexual Minorities Uganda;
• the murder of a defender of transgender rights in Argentina;
• threats and/or attacks against LGBT groups and individuals in Chile, Colombia, Croatia, Ecuador, Guatemala, Honduras, Jamaica, Nepal, and Venezuela.

E/CN.4/2006/16/Add.1

73. In light of the fact that Equality Parades had also been banned in Warsaw in June 2004 and in May 2005, concern is expressed that the banning of Equality March in Pozna was based primarily on intolerance towards the LGBT community in Poland. This is highlighted by the fact that political figures are reported to have publicly made homophobic statements. For example, when the Equality Parade of May 2005 was banned, Mr. Lech Kaczy, the current President of Poland and former Mayor of Warsaw, had stated that the parade would be ‘sexually obscene’ and offensive to other people’s religious feelings. Less than a week after this parade was to take place, the Mayor authorized another march to take place during which members of the All Polish Youth reportedly shouted slogans inciting intolerance and homophobia. Other political figures were also reported to have made public homophobic statements, including that if ‘homosexuals try to infect others with their homosexuality, then the state must intervene in this violation of freedoms’. Other public figures called for no tolerance for homosexuals and deviants and called on the public not to mistake the brutal propaganda of homosexual attitudes for calls for tolerance. Concern is further expressed in light of the recent abolition of the Office of the Government Plenipotentiary for the Equality of Men and Women which body was responsible, inter alia, for the promotion of equal treatment of sexual minorities.

74. The Special Rapporteur regrets that no reply to his communication had been received from the Government of Poland at the time this report was finalized.

E/CN.4/2006/16/Add.2

E/CN.4/2006/16/Add.3

18. During the visit of the Special Rapporteur to Salvador, the Mayor inaugurated the Human Rights Municipal Council, with equal representation of local government and civil society, which will allow civil society leaders to participate in the development of municipal human rights policies. Its priority will be fighting against the assassination of young Blacks, after the disclosure of shocking statistics indicating that in the city of Salvador 631 people have been assassinated in the first eight months of 2005, almost all of them being young Blacks: this is an increase of 19 per cent compared to last years’ figures. The majority of these crimes have not been sanctioned. The Council will deal with other issues such as the persecution and assassination of homosexuals, religious intolerance against religion of African origins, the fight for the recognition of quilombos, the improvement of education, health and housing, the demarcation of indigenous land and the eradication of institutional racism.

40. Black homosexuals suffer from double discrimination, because of their colour and sexual orientation. Also, within the black community, homosexuality is seen as debilitating, as an outrage to the established social order and the image of the black man who is supposed to be manly. Homosexuals suffer from physical violence, sometimes death (158 homosexuals were assassinated in Brazil in 2004), but also psychological suffering due to the denial of their humanity and identity. The Government has approved a "Brazil without homophobia" policy, to start tackling this problem.

28.  Finally, the independent expert recognizes that some individuals within ethnic, religious, linguistic or national minority groups may experience multiple forms of discrimination because of other factors including gender, gender expression, gender identity, sexual orientation, disability, age or health status.  This means that, within minority communities, some individuals who are already struggling against intolerable levels of generalized exclusion also face compounded forms of discrimination or violence based on their gender, personal identity or expression.  As a result, the independent expert intends to consider the compounded and often negatively reinforcing nature of multiple forms of exclusion as she undertakes her work, while also highlighting the importance of protecting diverse forms of personal expression.

11. A breakdown of the subjects of those appeals shows that they involved 373 males, 76 females, more than 350 persons of whose sex was unknown, 56 minors, 75 members of religious, ethnic or indigenous minorities, 29 human rights defenders, 6 journalists, more than 200 persons exercising their right to freedom of opinion and expression, 18 persons killed in the name of passion or of honour, 2 persons killed for various discriminatory reasons, including their sexual orientation, and 9 migrants.

18. During the course of 2005, the Special Rapporteur undertook two visits:

E/CN.4/2006/53/Add.1

34 males (3 minors, 7 juvenile offenders, 1 refugee, 22 members of ethnic minority, 2 persons killed for their sexual orientation)

Violation alleged: Non-respect of international standards relating to the imposition of capital punishment

Subject(s) of appeal: 2 males (persons killed for their sexual orientation)

Character of reply: No response (recent communication)

The Special Rapporteur looks forward to receiving a response concerning these allegations.

Allegation concerning the situation of Mr. Mokhtar N., aged 24 and Mr. Ali A., aged 25, who were reportedly hanged publicly on or around 13 November 2005, in the Shahid Bahonar Square of the town of Gorgan.

According to the information I have received, both men were sentenced to death for the crime of "lavat" which is reportedly defined by Iran's Shari`a-based Penal Code as encompassing penetrative and non-penetrative sexual acts between men. These would not appear to be isolated cases. Indeed, I have been informed of other recent cases of execution of men in Iran on the basis of their private, consensual sexual conduct. For instance, on 15 March 2005, it was reported tha t the Tehran Criminal Court sentenced to death two men, whose names have not been made known to me, following the discovery of a video showing them engaged in homosexual acts and based on the confession of one of them. The information I have received also indicated that, late last year, the Special Protection Division, a new institution that empowers volunteers to police moral crimes in neighbourhoods, mosques, offices and any place where people gather, was formed by the Iranian Judiciary. Concern has been expressed that the Special Protection Division functions as an intrusive surveillance system that promotes prosecution of citizens for entirely private and victimless behaviour. In this connection, I would recall the importance of the right to privacy and the strict limits that should apply to interference by governmental authorities and by those acting on their behalf in relation to private conduct. I would like to remind your Excellency’s Government that the death penalty must be regarded as an extreme exception to the fundamental right to life and that it must therefore be applied in the most restrictive manner. Accordingly, it is crucial that all fair trial and other protections provided for in international human rights law are fully respected in proceedings relating to capital offences. The Commission on Human Rights has consistently requested me and my predecessors as Special Rapporteur on extrajudicial, summary or arbitrary executions to monitor the implementation of all standards relating to the imposition of capital punishment. It is my understanding that the death penalty applies in Iran for a wide range of crimes, some of which would not appear to fall within the internationally recognized category of "the most serious crimes". Iranian law reportedly punishes all penetrative sexual acts between adult men with capital punishment. Non-penetrative sexual acts between men are punished with lashes until the fourth offence, when they are punished with death. Sexual acts between women, which are defined differently, are punished with lashes until the fourth offence, when they are also punished with death. In this connection, I would like to highlight that, in accordance with Article 6(2) of the International Covenant on Civil and Political Rights, "in countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes", it being understood that their scope should not go beyond intentional crimes with lethal or other extremely grave consequences (Paragraph 1 of the Safeguards guaranteeing protection of the rights of those facing the death penalty, Economic and Social Council resolution 1984/50 of 25 May 1984). In its General Comment No. 6, the United Nations Human Rights Committee has stated that "the expression "most serious crimes" must be read restrictively to mean that the death penalty should be a quite exceptional measure". In practice, the Committee has made E/CN.4/2006/53/Add.1 page 110 it clear that the death penalty should not be imposed for offences such as the commission of a homosexual act. It is my responsibility under the mandate provided to me by the Commission on Human Rights to seek to clarify all cases brought to my attention. Without in any way wishing to pre-judge the accuracy of the information received, I would be grateful for a reply to the following questions:

1. Are the facts alleged in the above summary accurate?

2. Please provide a detailed description of the crimes of which Mokhtar N. and Ali A. have been found guilty;

3. Please also provide the details of the trial proceedings of Mokhtar N. and Ali A., with a view to establishing whether the proceedings complied with international standards relating to the imposition of capital punishment;

4. Please provide information as to whether they were given the right to formal representation by a lawyer and whether they were allowed to appeal against their sentences;

5. Please provide statistics as to the number of persons executed for the commission of homosexual acts in the past three years.

6. Finally, please also provide information as to the specific powers attributed to the Special Protection Division and to the measures designed to ensure that human rights are respected in the framework of their activities.

Violation alleged: Deaths due to excessive use of force by law enforcement officers

Subject(s) of appeal: 3 males (minors)

Character of reply: No response

The Special Rapporteur regrets that the Government of Papua New Guinea has failed to cooperate with the mandate he has been given by the United Nations Commission on Human Rights.

Mission to Nigeria

22. The day after meeting the judges the Special Rapporteur asked to meet with all death row prisoners in Kano prison. One of them was a 50 year old man awaiting death by stoning after being convicted of sodomy. A neighbour had reported him to the local Hisbah Committee¹⁶ which carried out a citizen arrest and handed him to the police. He claimed to have been comprehensively beaten by both groups. The official court records show that he admitted to the offence, but sought the court’s forgiveness. He had no legal representation and failed to appeal within the time provided. The Special Rapporteur subsequently took steps so that a late appeal could be lodged and the case is now under review.

23. In December 2005 the Katsina Sharia Court acquitted two other men charged with the capital offence of sodomy, because there were no witnesses. They had nevertheless spent six months in prison on remand which the judge reportedly said should remind them "to be of firm character and desist from any form of immorality".¹⁷

24. Regardless of the circumstances of the individual case, however, the incident serves to highlight several major problems. They are the use of stoning to death as a punishment, and the prescription of the death penalty for private sexual conduct.

26. Several aspects of the death penalty in Nigeria are of particular concern: (a) widespread procedural irregularities; (b) conditions on death row; and (c) the operation of sharia law, especially in relation to adultery and sodomy.

32. Under the Sharia Penal Codes in force in twelve northern states, capital offences include sodomy, "adultery (zina), apostasy (ridda), rebellion (bag’yi), and Hiraba, translated as highway robbery …".²¹ The issue of punishment for zina (adultery) has attracted extensive media attention because of cases in which the sharia courts prescribed death by stoning for women found guilty of zina.

35. … Firstly, characterizing adultery and sodomy as capital offences leading to death by stoning is contrary to applicable Nigerian and international law. Neither can be considered to be one of the most serious crimes for which the death penalty may be prescribed.²⁷ Secondly, even if the sentence is never carried out, the mere possibility that it can threaten the accused for years until overturned or commuted constitutes a form of cruel, inhuman or degrading treatment or punishment. Assurances that an offence which continues to be recognized by the law will never be applied in practice are neither justified nor convincing. The very existence of such laws invites abuse by individuals. This is all the more so in a context in which sharia vigilante groups have been formed with strong Government support. The maintenance of such laws on the books is an invitation to arbitrariness and in the case of zina to a campaign of persecution of women.

37. In relation to sodomy, the imposition of the death sentence for a private sexual practice is clearly incompatible with Nigeria’s international obligations. Moral sanction is a matter for the consciences of individuals and the beliefs of religious groups. Criminal sanctions are an entirely different matter and when the threat of execution is involved the State cannot stand idly by and permit the two types of sanctions to be conflated in a way that violates international law.

38. The constitutionality of sharia criminal law has been widely challenged for violating the principle of non-discrimination, the federal-state division of powers, freedom of religion and the prohibitions against a state religion. Indeed the Federal Government has itself asserted that the northern states are acting unconstitutionally. Yet it has so far failed to take legal action to uphold the Constitution.²⁹

104. The death penalty

E/CN.4/2006/56/Add.1

59. Another aspect of disappearances that has been underreported in the past and continues at the present time relates to the way in which acts of disappearance are perpetrated in conjunction with other gross violations, with targets drawn from among the most vulnerable groups in society. Numerous testimonies were received concerning these phenomena. The most common examples brought to our notice were: disappearances, combined with "social cleansing" (said to have been a marked feature of the practice in the city of Barrancabermeja for much of the late 1980s and throughout the 1990s, with the urban poor, the unemployed and the so-called "undesirables", including prostitutes, petty thieves, vagabonds, gamblers and homosexuals as the victims); disappearances, subsequently combined with executions (the victims being drawn mostly from among radical political party leaders or members and trade unionists suspected of collaborating with the guerrilla groups); disappearances, combined with enforced displacement (taking place often mostly in rural areas, the objective being to dispossess victims of their land and properties); disappearances, combined with rape and other forms of sexual violence (with women and girls as victims); disappearances, combined with forced conscription recruitment (directed at children). There seems to have been an increase in all of these practices since the Working Group’s first mission to Colombia in 1988.

[Note: references are to men’s attempts to control women’s sexuality generally rather than specifically to sexual orientation issues]

1. On 9 November 2005, the Special Rapporteur, jointly with the Special Rapporteur on the question of torture, sent a letter of allegation concerning the sexual harassment and beating of several metis (men who identify themselves as women) in Thamel, Kathmandu on 24 September 2005. According to the information received, on 24 September 2005 in the evening, in the tourist area of Kathmandu (Thamel), some police officers approached a group of metis. One of the police officers burnt a cigarette on the hand of one of the metis, P. (21), forcibly touched her private parts, and demanded that she have sex with him. When she refused, the police officer reportedly became violent towards her, pulling her hair and slapping her. The other metis in the group came to help P. and the policeman went away. Later, he returned with other men who started beating the metis and the metis responded by throwing stones at the men. Among the metis who were beaten were: S (25), S (21), N, U, and R. The policeman was also reportedly injured in the head. Moreover, around 2 am on the 25^th September, policemen reportedly captured a metis named KR, beat her and took her to the Durbar Marg police station accusing her of having hit one of their colleagues with a stone. KR was kept in detention up to 6pm and told that she had to pay a fine of 28,000 rupees on a public offence charge. She was also forced into oral sex with two policemen while in custody. KR was reportedly released after having paid 1000 rupees. Attempts were made to lodge a complaint on her behalf at the National Human Rights Commission and the Human Rights Cell of the Nepal Police, but both offices reportedly refused to investigate.

E/CN.4/2006/61/Add.3

E/CN.4/2006/6/Add.1

By letter dated 1/07/05, the Government informed that Durbar Marg Police had tried to pacify those male "metis" who were under the influence of alcohol and were trying to fight with local people. When the police patrol team attempted to pacify them, they picked a fight with the police. The patrol team then chased them away. The police did not beat them, take them into custody or subject them to mental torture.

E/CN.4/2006/5/Add.1

E/CN.4/2006/5/Add.2

(mission to Nigeria)

50. Among other provisions, these sharia penal codes provide for a mandatory death penalty as Hadd punishments⁷ for criminal offences such as zina,⁸ rape, sodomy and incest.

E/CN.4/2006/55/Add.1

(Summary of cases transmitted to Governments

E/CN.4/2006/95/Add.1

290. On 9 December 2005 the Special Representative together with the Special Rapporteur on Extra Judicial Executions sent a letter of allegation concerning Lenford ‘Steve’ Harvey, Jamaica Aids Support for Life, an organization dedicated to preserving the dignity and rights of persons living with HIV/AIDS and providing education on related issues. According to the information received, on 30 November 2005, at approximately 1:00 am, at least four assailants forcibly entered the home of Lenford Steve Harvey. They reportedly tied him up, along with two other persons in the residence, and stole a number of possessions. They then abducted Lenford Steve Harvey and took him away in his company car. His body was found in a rural area miles from his home with gunshot wounds in his back and head.Grave concern was expressed that the killing of Lenford Steve Harvey was related to his human rights work for Jamaica Aids Support for Life and his work for marginalized people and people living with HIV/AIDS in Jamaica and the Caribbean.

E/CN.4/2006/95/Add.1

432. On 5 December 2005, the Special Representative, together with the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, sent an urgent appeal concerning the banning of public events organised by the lesbian, gay, bisexual and transgender community as well as discrimination against this community. According to information received, on 15 November 2005, the mayor of the city of Pozna banned a public event known as the Equality March, which had been organised by a number of lesbian, gay, bisexual and transgender (LGBT) and women’s rights organisations. The march was planned to take place on 19 November 2005 and was intended to provide a platform for discussion about tolerance, anti-discrimination and respect for the rights of sexual minorities. The ban was issued on the grounds of security concerns, despite the fact that security measures had already been agreed to between the municipality and the organisers of the march. Despite the ban, a few hundred protestors gathered on 20 November 2005 for a demonstration. The demonstrators were reportedly harassed and intimidated by members of a right wing group known as the All Polish Youth who shouted discriminatory slogans at them including ‘Let’s get the fags’, and ‘We’ll do to you what Hitler did with Jews’. The police only intervened toward the end of the march to disperse the crowd. It is reported that in so doing the police roughly handled several individuals and arrested and interrogated over 65 persons, who were later released. Moreover, in November 2004, the Equality Parade was stopped when the police failed to protect the demonstrators from members of the All Polish Youth who blocked the event. In September 2005 a Warsaw court had declared illegal the decision of the Mayor to ban the Equality Parade. In light of the fact that Equality Parades had also been banned in Warsaw in June 2004 and in May 2005, concern is expressed that the banning of Equality March in Pozna was based primarily on intolerance towards the LGBT community in Poland. This is highlighted by the fact that political figures are reported to have publicly made homophobic statements. For example, when the Equality Parade of May 2005 was banned, Mr. Lech Kaczy, the current President of Poland and former Mayor of Warsaw, had stated that the parade would be ‘sexually obscene’ and offensive to other people’s religious feelings. Less than a week after this parade was to take place, the Mayor authorized another march to take place during which members of the All Polish Youth reportedly shouted slogans inciting intolerance and homophobia. Other political figures were also reported to have made public homophobic statements, including that if ‘homosexuals try to infect others with their homosexuality, then the state must intervene in this violation of freedoms’. Other public figures called for no tolerance for homosexuals and deviants and called on the public not to mistake the brutal propaganda of homosexual attitudes for calls for tolerance. Concern is further expressed in light of the recent abolition of the Office of the Government Plenipotentiary for the Equality of Men and Women which body was responsible, inter alia, for the promotion of equal treatment sexual minorities.

E/CN.4/2006/95/Add.1

550. On 30 September 2005, the Special Representative sent an urgent appeal concerning Kaos GL Gay and Lesbian Cultural Research and Solidarity Organization, based in Ankara, Turkey. This organization was established eleven years ago, and operates a drop-in centre providing social and cultural support to lesbian, gay, bisexual and transgender people, in addition to advocating for measures to end discrimination and violence. It also publishes a magazine that has been registered as a legal publication in Turkey since 1999. According to information received, on July 15 2005, "Kaos GL Gay and Lesbian Cultural Research and Solidarity Organization" applied to the Ministry of Interior for recognition as a non-Governmental organization. The Ministry initially approved the request, but now the Ankara Deputy Governor has responded by launching a lawsuit to close the organization. In a letter dated 15 September, Turkish officials threatened to close down the organization, on the grounds that it allegedly violates a provision in the Turkish Civil Code that forbids "establishing any organization that is against the laws and principles of morality." The letter stated that a court procedure had been opened to dissolve the organization. Concern was expressed that the reported court procedure was an attempt to close "Kaos GL Gay and Lesbian Cultural Research and Solidarity Organization" and impedes on the right to form, join and participate in non-Governmental organizations, associations or groups, as set down in the Declaration on Human Rights Defenders.

E/CN.4/2006/95/Add.1

559. On 5 of August 2005, the Special Representative, together with the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression sent an urgent appeal concerning Victor Juliet Mukasa, Chairperson of Sexual Minorities Uganda (SMUG), a non-profit, non-Governmental organization that works towards achieving full legal and social equality for lesbian, gay, bisexual, transgender people in Uganda. According to the information received, on 20 July 2005, Ms. Mukasa’s home, in a suburb of the capital city Kampala, was allegedly raided during the night by local Government officials. They reportedly entered into her house in her absence, and seized documents and other material relating to the activities of SMUG. Concern was expressed that following the steps taken by Ugandan law-makers in July 2005, who voted for a constitutional amendment to criminalize marriage between persons of the same sex, this incident constituted an attempt to intimidate Ms. Mukasa and prevent her from carrying out her human rights work.

E/CN.4/2006/95/Add.3

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94. … La mayoría de estas personas han sido objeto de amenazas y hostigamiento por parte de agentes de la policía o grupos anónimos. Una de estas personas era una defensora de los derechos de los travestís que habría sido asesinada.

113. HREOC advises that there are hundreds, or possibly thousands of human rights defenders operating at the federal, state, territorial and local level in Australia. Numerous human rights groups are involved in advocacy, education and various actions on a local and national level. Groups work on specific issues such as the rights of indigenous Australians; the human rights of refugees, migrants and asylum-seekers; violence against women, lesbian, gay, bisexual and transgender (LGBT) rights; and they also work in general on legislation issues with regard to human rights.

245. The fight against dictatorship (1964-1985) greatly contributed to building awareness of civil and political rights and extensive networks of NGOs were formed. Human rights organizations continued to proliferate with the beginning of the political openness, and in particular in the 1990s. While organizations initially concentrated their efforts in reporting violations of civil and political rights, they gradually adopted more assertive way such as pressuring relevant authorities to adopt concrete public security policies in relation to human rights. They have also expanded the scope of their mandate and have incorporated diverse human rights causes, particularly in relation to economic, social and cultural rights and to discrimination based on ethnicity, perceived sexual orientation and gender.

328. … Fuentes no-gubernamentales han indicado que también son muy activas las organizaciones y asociaciones que trabajan para los derechos de los gays, lesbianas, transgéneros y bisexuales.

341. Se ha señalado igualmente que actitudes homofóbicas han llevado a ataques contra aquellas organizaciones y personas que trabajan para el reconocimiento de los derechos de las personas gays, lesbianas y transexuales.

385. En su informe, la Representante Especial observa que los grupos de la sociedad civil más afectados por este tipo de violaciones de los derechos humanos son los sindicalistas, las minorías étnicas, los desplazados internos, las mujeres, las organizaciones campesinas y sociales, los maestros y profesores universitarios, los estudiantes, los profesionales de la salud, los representantes de la Iglesia y las minorías sexuales (ibid., párr. 106 a 174). Las comunicaciones enviadas por la Representante Especial desde su visita hasta el 1 de diciembre de 2005 demuestran que estos grupos siguen siendo los defensores mas afectados por las violaciones.

429. … The Special Representative has also been informed that organizations promoting lesbian, gay, bisexual and transgender persons’ rights receive threats on a frequent basis.

495. La Representante Especial toma nota también del acoso del que serían objeto miembros y dirigentes de la comunidad gay, lesbiana, bisexual y transexual, y en particular, los travestis. La Representante Especial también ha intervenido en varias ocasiones en relación con amenazas y ataques contra personas gays, lesbianas, transexuales y bisexuales y sus representantes.

659. Según ha informado el Gobierno, los defensores de los derechos humanos se organizan entorno a 140 ONG y cuatro instituciones gubernamentales con presencia nacional, así como 447 ONG en los departamentos y municipios del país. Pueden clasificarse según estas categorías: campesinos, desarrollo, diferencias sexuales, indígenas, justicia, mujeres, niñez y juventud, periodistas, religiosos, mayas, sindicalistas y búsqueda de la verdad.

677. La Representante Especial ha intervenido sobretodo en casos de violaciones o amenazas contra miembros de ONG de derechos humanos, defensores de los derechos de los pueblos indígenas, periodistas, dirigentes campesinos, sindicalistas, defensores de los derechos de gays, lesbianas y transexuales. La Representante Especial agradece al Gobierno su respuesta a al mayor parte de las comunicaciones y su voluntad de cooperar con el mandato y le invita a contestar las comunicaciones que siguen sin respuesta.

713. From the establishment of her mandate to 1 December 2005, the Special Representative has sent one communication to the Holy See in December 2002 that concerned a priest Don Vitaliano Della Sala, who was serving in the parish of San Giacomo. The priest was allegedly removed from his function in part because of his participation in a "gay pride" march in defense of the human rights of homosexual persons. The Holy See responded to the communication in July 2003 and stated that the measures taken against Don Vitaliano Della Sala were not related to his participation in a "gay pride" march. The response stated that the actions against the priest had been preceded by two admonitions, as prescribed in the Code of canon law of the Catholic Church and that measures such as those taken were an expression of the self-organizing capacity proper to every religious community and recognized by the Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief.

727. Son igualmente preocupantes las agresiones, incluso asesinatos, de las personas que defienden los derechos de lesbianas, gays, bisexuales y personas transgénero. La Representante ha intervenido en el caso de una persona transexual testigo de un asesinato a la que le habrían retirado la protección oficial pese a que el peligro todavía no habría desaparecido. La Representante Especial también ha llevado a la atención del Gobierno alegaciones según las cuales se habría denegado una solicitud de registro a una asociación que promueve los derechos de lesbianas, gays, bisexuales y personas transgénero. La Representante Especial agradece al Gobierno su respuesta a la mayor parte de las comunicaciones y le invita a contestar a las demás.

844. The Special Representative has received information from non-governmental sources stating that human rights defenders continue to face hostility from the authorities and that the Police Federation in 2004 called for human rights groups to cease their "illegal interference". The attacks are reported to be in particular directed at defenders working with Lesbian Gay Bisexual and Transsexual rights. Police violence is also reported to be a major problem in Jamaica and impunity for human rights violations, including extrajudicial killings is reportedly prevalent.

845. The Special Representative regrets that she has not received sufficient information to be able to make further assessment of the situation for human rights defenders in Jamaica. She would greatly appreciate receiving information from the Government and civil society on the situation for human rights defenders and the implementation of the Declaration in Jamaica.

1159. The Special Representative reiterates her deep concern over reports of serious violations being committed against human rights defenders by both sides in the conflict. The information on cases of violations increased alarmingly during 2004 and 2005. Cases reported to her frequently involved allegations of arrest and of torture during arrests and detention, in addition to rape by police, both of female and male (transvestite) defenders. One communication concerned 39 unnamed male transvestites, who are campaigning for the rights of sexual minorities.

1244. …. Defenders in Fiji are also actively defending the rights of sexual minorities, people with disabilities and other vulnerable groups.

1356. From the establishment of her mandate until 1 December 2005, the Special Representative has sent one communication to the Government of Poland. The communication concerned an incident where a mayor banned an Equality March, which had been organized by a number of lesbian, gay, bisexual and transgender (LGBT) and women’s rights organizations. The ban was reportedly issued on grounds of security concerns. Reportedly, despite the ban, a few hundred protestors gathered on 20 November 2005 for a demonstration and were thereafter harassed and intimidated by members of a right wing group known as the All Polish Youth. It was also reported that the police roughly handled several individuals and arrested and interrogated over 65 persons, who were later released. The Special Representative thanks the Government for its response to this communication.

1357. The Special Representative regrets that she has not received sufficient information to be able to make an assessment of the legal framework or the situation for human rights defenders in Poland. She would appreciate receiving information from the Government and from civil society on the situation for human rights defenders and the steps taken for the implementation of the Declaration in the country.

49. As the Special Rapporteur concludes in his report to the General Assembly (2004), health indicators may be used to monitor aspects of the progressive realization of the right to health provided: …

E/CN.4/2006/118

30.   There are different groups of women who can be particularly vulnerable to discrimination and, due to a combination of factors, face additional obstacles in accessing adequate housing. The Special Rapporteur reiterates the fact that special attention is required for some groups/categories of women who can be more vulnerable than others, at higher risk of becoming homeless, facing violence or suffering from the consequences of inadequate housing and living conditions.  Such groups often include victims of domestic violence, widowed, elderly, divorced or separated women, female-headed households, women forcibly separated from their children, women victims of forced evictions, indigenous and tribal women, women with disabilities and women in conflict/post-conflict situations, women from ethnic and national minorities, including refugees, migrant women workers, women from descent-and work-based communities, domestic women workers, sex workers, and lesbian and transgender women.  …

E/CN.4/2006/45

63. The Special Rapporteur has consistently affirmed that school access alone does not offer any guarantee, and that promoting high-quality education based on the study and daily practice of human rights is essential to the mounting of an effective resistance to all forms of exclusion and discrimination.³⁵

64. The difficulties facing young and teenage girls are often aggravated by other types of exclusion linked to disabilities, ethnic or geographical origin, sexual preferences, and religious beliefs or lack thereof, among other things.

E/CN.4/2006/9

86. Notwithstanding strides made in the area of equality for women, violence and inequalities persist, especially with regard to income, employment, participation and health. Women who are indigenous, Afro-Colombian, from isolated communities, displaced or in extreme poverty are particularly vulnerable and at greater risk of becoming the victims of prostitution and human trafficking. Many women continue to be exposed to extrajudicial executions, murders, threats and sexual violence. Lesbians, gays, bisexuals and transgenders have been the victims of acts of "social cleansing", extrajudicial executions, murders and arbitrary detentions.

1. A number of groups and communities have proved particularly vulnerable as a result of the armed conflict and the actions of illegal armed groups. They have also been affected by public measures and policies or by the lack of them. Those most affected by the situation include human rights defenders, members of ethnic minorities, displaced or blockaded communities, journalists, children and women, detained persons, sexual minorities, local authorities, political leaders, hostages and disappeared persons.

E/CN.4/2006/12