BANGLADESH-SOGI-TBs-CCPR

Concluding Observations on Report 1 (2017) (Link)

Non-discrimination

11. While noting that pursuant to article 28 of the Constitution the State will not discriminate against citizens on the limited grounds of religion, race, caste, sex or place of birth, the Committee is concerned that the anti-discrimination bill, 2015, has not yet been adopted and that discrimination against certain groups continues to occur, such as:

…(e) Criminalization under section 377 of the Penal Code of consensual sexual acts between same-sex couples, which are termed “unnatural behaviour”, stigmatization, harassment and violence against lesbian, gay, bisexual and transgender persons, barriers to assistance in seeking employment of “hijras”, who are considered as transgender persons, by the administration of invasive and humiliating medical examinations to prove transgender status (arts. 2-3 and 26-27).

12. The State party should ensure that the anti-discrimination bill, 2015, protects against direct and indirect discrimination in the public and private sphere based on a comprehensive list of grounds for discrimination, including colour, descent, caste, national or ethnic origin, religion, sexual orientation and gender identity, disability and other status, and provide for effective remedies in case of violations. The State party should also accelerate the adoption of this bill and ensure its effective implementation. It should also develop education campaigns for schools, government officials and the general public to promote tolerance and appreciation for diversity and non-discrimination. Furthermore, the State party should:

…(e) Decriminalize consensual sexual acts between same-sex couples, provide protection to lesbian, gay, bisexual and transgender persons from violence and harassment by ensuring that all cases are promptly investigated and that perpetrators are prosecuted and punished with appropriate sanctions, and eliminate barriers to employment and violations to the dignity of “hijras”.

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