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Addressing sexual orientation and gender ... - ARC International

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worker is not a visible attribute on any person, <strong>and</strong> no one can tell just by looking at anindividual, that that individual is a sex worker.17. Moreover, sex work is illegal in Namibia. As discussed in various part of this response,the Government has put in place various measures to address poverty, including providingemployment opportunities. Those who participate in sex work should abide by the laws ofthe Republic of Namibia <strong>and</strong> take advantage of the opportunities the Government provides.The Special Rapporteur’s support <strong>and</strong> promotion of illegal activity is not seen as aproductive way to fight poverty <strong>and</strong> to help the vulnerable.18. Therefore, if sex workers feel “discouraged” from accessing public services, asdescribed by the Special Rapporteur, it may be their own perception, because they realize<strong>and</strong> know that what they are doing in private in carrying out sex work, is illegal.Government services are offered to the public without discrimination to anyone.A/HRC/23/39 - Report of the Special Rapporteur on the rights to freedom ofpeaceful assembly <strong>and</strong> of association, Maina KiaiIII. Ability of associations to access financial resources: a vital part of the right tofreedom of associationC. Meeting international human rights norms <strong>and</strong> st<strong>and</strong>ards21. The Special Rapporteur also warns that the political environment, where for instancepatriarchy, sexism <strong>and</strong> authoritarian regimes are structural challenges, can also undulyundermine access to funding to civil society. Furthermore, criminalization in certaincountries of peaceful activities, such as protection of human rights, non-discrimination <strong>and</strong>equality or promotion of <strong>gender</strong> equality, can also make it difficult, if not impossible, forassociations working on these issues to raise funds.IV. Ability to hold peaceful assemblies: an integral component of the right tofreedom of peaceful assemblyA. Background43. The ability to hold peaceful assemblies is a fundamental <strong>and</strong> integral component of themultifaceted right to freedom of peaceful assembly, which shall be enjoyed by everyone.Such ability is of utmost importance to the work of civil society actors, including thosepromoting the realization of economic, social <strong>and</strong> cultural rights, as it enables them topublicly voice their message, which ultimately benefits the realization of the right(s) theystrive to promote <strong>and</strong> protect, especially in the context of the ongoing dire economic crisis.This is all the more relevant for groups most at risk of violations <strong>and</strong> discrimination, suchas women, youth, indigenous peoples, persons with disabilities, persons belonging tominority groups, groups at risk because of their <strong>sexual</strong> <strong>orientation</strong> <strong>and</strong> <strong>gender</strong> identity <strong>and</strong>non-nationals.B. Procedural <strong>and</strong> practical measures for holding peaceful assemblies4. Pre-event planning68. The Special Rapporteur considers pre-event planning, including risk assessment, by lawenforcement officials, together with organizers of peaceful assemblies <strong>and</strong>, if possible, localauthorities, as a good practice which may contribute to the success of the assembly.However, participation of organizers in such planning should never be made compulsory.69. Possible issues for discussion include an estimate of the number of participantsexpected; itinerary of the assembly, if it is not static; specific needs of persons withdisabilities <strong>and</strong> groups at risk, such as women, indigenous peoples <strong>and</strong> groups who, due totheir <strong>sexual</strong> <strong>orientation</strong> <strong>and</strong>/or <strong>gender</strong> identity may be in need of greater protection by theauthorities; need to deploy properly trained <strong>and</strong> clearly identified stewards whose role is toprovide assistance to organizers by, inter alia, informing <strong>and</strong> orienting the public during theevent, but who should not be used to palliate deficiencies in the security apparatus.Importantly, when organizers cannot be identified due to the nature of certain assemblies12

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