Addressing sexual orientation and gender ... - ARC International

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with education that teaches children how to interpret and critique media and entertainmentmessages, may be a far better and more effective solution than censorship.A/HRC/23/34/Add.1 - Report of the Special Rapporteur in the field of culturalrights, Farida ShaheedAddendumMission to the Russian Federation (16 – 26 April 2012)IV. Cultural rights: good practices and challenges36. The Special Rapporteur visited the Youth Centre for Theatre and Cinema, supported bythe Saint Petersburg authorities and the Federal Ministry of Culture. This interestinginstitution enables young artists to run their own theatre, with about 200 actors and 25directors. On the occasion of festivals on human rights, the theatre has organized eventsand discussions on, inter alia, lesbian, gay, bisexual and transsexual issues.C. Situation of specific categories of the population3. Lesbian, gay, bisexual and transgender people101. The identity of individuals is always multi-faceted, and this includes gender identity.During her visit, the Special Rapporteur was informed that it is increasingly difficult forlesbian, gay, bisexual and transgender (LGBT) people in the Russian Federation to usecultural spaces such as film festivals and other events to explore and express that part oftheir identity safely.102. In recent years, in several cities, groups trying to organize festivals to offer a space ofinteraction between LGBT and others and to promote tolerance and human rights throughart and culture have faced great difficulties, including threats and violence (for example,the International Queer Culture Festival in Saint Petersburg, and the Side by Side LGBTinternational film festival, in Saint Petersburg, Novosibirsk, Kemerovo, Tomsk andArkhangelsk). Permissions for exhibitions and screenings have been revoked, allegedlyunder the pressure of the administration, forcing groups to relocate to more obscurelocations. The Special Rapporteur appreciates, however, that since 2008, the SaintPetersburg authorities have not interfered with the Side by Side festival and that, in 2012,it was held without any problem in Tomsk.103. The Special Rapporteur is concerned that numerous statements in the mediareportedly depict homosexuality as a mental disorder and call for the segregation of LGBTpersons to prevent their participation in cultural life. The prevailing atmosphere is said tohave an impact on the attitude of the private sector.104. The Special Rapporteur is also concerned that the Saint Petersburg Law of 29February 2012 prohibiting “propaganda of homosexuality” among minors, and apparentlysimilar laws in Arkhangelsk, Ryazan and Kostroma, exacerbate this situation. Furthermore,similar laws are reported to be envisaged in other regions and at the federal level. TheGovernment has stressed that these laws aim to prohibit the aggressive imposition of onegroup’s lifestyle and norms of behaviour on children, and to protect the health anddevelopment of children. However, it is feared that, in practice, the laws will lead toeliminating any expression of LGBT identity and the dissemination of information or artisticcreations addressing LGBT issues. It is also of concern that, by dealing with the twotogether, the laws confuse homosexuality with paedophilia.Women105. Retrogressive trends have been noted on gender issues in the Russian Federationfollowing the break-up of the Soviet Union, as have an upsurge in religious identity andpolitical discourse on traditional values. This, according to interlocutors, has weakened theposition of women in Russian society.8
106. Cultural practices violating women’s rights are said to be resurgent in Chechnya andIngushetia where, reportedly, honour killings have taken place; women have been forced towear a headscarf, or experience extreme pressure to do so; and may be humiliated andphysically attacked if not deemed to be dressed appropriately. It was also reported that theimposition of these new codes and customs as culturally necessary in North Caucasus hasresulted in women being afraid to rely on the Federation’s law to defend their rights, asthey fear retaliation.107. The Special Rapporteur recalls that the right of women to have access to, participatein and contribute to all aspects of cultural life encompasses their right to engage actively inidentifying and interpreting cultural heritage and to decide which cultural traditions, valuesor practices are to be kept, reoriented, modified or discarded.V. Conclusions and recommendations115. The Special Rapporteur encourages the Government to respect and protect the rightof LGBT persons to express their identity safely, including through attending and organizingcultural events. She recommends that the Government and relevant regional authoritiesensure that all legislation respects this right, and that they:(a) Exercise due diligence and protect from violence and threats by others LGBT persons aswell as organizers and audiences of LGBT events;(b) Increase efforts to combat prejudice and hostility against LGBT persons.A/HRC/23/36/Add.1 - Report of the Special Rapporteur on extreme poverty andhuman rights, Ms. Magdalena Sepúlveda CarmonaAddendumMission to Namibia (1 to 8 October 2012)IV. Groups particularly vulnerable to povertyE. Sex workers50. The criminalization of sex work in Namibia lies at the foundation of a climate of stigma,discrimination and violence surrounding sex work. During her visit, the Special Rapporteurheard testimonies from sex workers of recurring police abuse and high levels of violence,including the confiscation of condoms, arbitrary detention and rape. Such abuse severelycompromises sex workers’ personal safety as well as their right to equal protection of thelaw. Moreover, it creates a climate of impunity that fosters further violence anddiscrimination against sex workers in the community at large.51. Stigma, discrimination and violence often discourage sex workers from accessing publicservices, particularly health care, thereby violating their rights as well as hampering effortsto reduce the spread of HIV/AIDS. It also discourages them from seeking justice andredress when their rights are violated. The discrimination that they suffer is also oftenevident in other spheres such as education and employment.52. Particularly concerning is the lack of access by sex workers to comprehensive sexualand reproductive health services, including access to safe and legal abortion.53. Due to these multifaceted human rights violations, sex workers remaindisproportionately affected by HIV. The Special Rapporteur welcomes the National StrategicFramework for HIV and AIDS 2010/11-2015/16, which identifies sex workers as a priority;however, the information on the extent of sex work in Namibia and the needs andchallenges faced by sex workers remains limited. There are no national guidelines foreffective, rights-based programming for this sector of the population. In line with its humanrights obligations, Namibia is obliged to provide all persons equal and effective protection ofthe law and take measures to prevent and combat indirect systemic discrimination on the9
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Page 26 and 27: Response: Pending to June 2013. Bur

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