UNITED STATES OF AMERICA-SOGI-UPR-CYCLE2

Incoming recommendations: (Link)

• 176.162 Heighten efforts to promote non-discrimination of any kind, including discrimination on the basis of sexual orientation and gender identity (South Africa) [SUPPORTED]
• 176.163 Keep promoting progress in lesbian, gay, bisexual, transgender and intersex issues, especially in preventing discrimination based on gender or sexual orientation (Israel) [SUPPORTED]
• 176.164 Take affirmative steps to ensure that individuals’ religious refusals are regulated to conform with international human rights standards that protect sexual and reproductive rights and the rights to equality and non-discrimination on the basis of sex, gender, sexual orientation or gender identity (Sweden) [NOTED]

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Outgoing recommendations:

• Reform the penal code to decriminalize private, same-sex sexual activity between consenting adults (to Antigua & Barbuda)
• Adopt legislation that prohibits discrimination on the basis of sexual orientation and gender identity, and reinforce existing constitutional provisions that prohibit discrimination based on race and national origin (to Bahamas)
• Amend the criminal code to decriminalize same-sex sexual activity between consenting adults and adopt legislation that prohibits discrimination on the basis of sexual orientation and gender identity (to Barbados)
• Reform existing laws that can be used to discriminate against lesbian, gay, bisexual, and transgender persons, including the provision of “unnatural crime” laws prohibiting “carnal intercourse against the order of nature” (to Belize)
• Provide state authorities, including law enforcement and judicial officials, with human rights training for the protection of women and members of minority groups, such as lesbian, gay, bisexual, and transgender persons (to Belize)
• Decriminalize sexual relations between consenting, same-sex individuals and establish educational programmes and appropriate policies for police that promote the personal security of all Benin citizens regardless of sexual orientation (to Benin)
• Decriminalize sexual acts between consenting adults of the same sex (to Bhutan)
• Investigate, prosecute and, if convicted, punish perpetrators of human rights abuses, including those committed against civil society groups, members of the media and LGBT individuals (to Burundi)
• Respect article 12 of the Constitution, which protects privacy, and eliminate abuses of this article that lead to arbitrary arrests and prosecutions on charges related to consensual same sex relations (to Cameroon)
• Strengthen human rights protections for lesbian, gay, bisexual and transgender persons, in line with Croatia’s international obligations and commitments as well as with domestic legislation (to Croatia)
• Modify existing sections of the Criminal Code that apply to buggery and indecency so that same-sex sexual activity between consenting adults is not criminalized, and adopt legislation that prohibits discrimination on the basis of sexual orientation and gender identity (to Dominica)
• Combat discrimination on account of nationality, ethnic or religious affiliation, and sexual orientation or gender identity (to Estonia)
• Ensure that the human rights of all Gambian citizens are respected, regardless of sexual orientation or gender identity, by repealing discriminatory laws that are inconsistent with international human rights principles (to Gambia)
• Train police, first responders, justice system and social services officials to respect and fully protect all human rights of every Ghanaian, including those who are lesbian, gay, bisexual and transgender (to Ghana)
• Actively investigate instances of discrimination in employment, including against lesbian, gay, bisexual, transgender and intersex persons (to Greece)
• In consultation with civil society, develop and pass legislation that decriminalizes consensual same-sex sexual conduct (to Grenada)
• Take measures to ensure that hate crimes and discrimination based on sexual orientation or gender identity are vigorously investigated and appropriately prosecuted (to Guyana)
• In consultation with civil society, develop and pass legislation that decriminalizes consensual same-sex sexual conduct (to Guyana)
• Ensure that laws are fully and consistently enforced to provide adequate protections for members of religious minorities, scheduled castes, and adivasi groups, as well as, women, trafficking victims, and LGBT citizens (to India)
• Decriminalize consensual same-sex sexual conduct between adults (to Jamaica)
• Lobby for and implement comprehensive anti-discrimination legislation to provide protection for the rights of LGBT persons (to Japan)
• Consider legislative and administrative measures to combat violence on the basis of gender identity or sexual orientation (to Latvia)
• Conduct thorough investigations of alleged hate crimes against lesbian, gay, bisexual, transgender and intersex persons, Roma and refugees (to Lithuania)
• Modify the criminal code to decriminalize same-sex sexual activity between consenting adults and to criminalize all forms of sexual abuse of children, regardless of the sex of the child (to Malawi)
• Take swift action to decriminalize same — sex sexual conduct between consenting adults (to Nauru)
• Establish policies and procedures that protect the human rights and security of all Nigerians including LGBT persons, their families and associates (to Nigeria)
• Institute outreach by police and law enforcement to LGBT persons and communities to increase reporting of hate crimes (to Poland)
• Review the possibility of repealing laws that criminalize on the basis of sexual orientation within the military (to Republic of Korea)
• Decriminalize same-sex sexual conduct between consenting adults in the Offenses Against the Person Act and enact legislation to prevent discrimination against lesbian, gay, bisexual, transgender and intersex persons (to Saint Kitts & Nevis)
• Decriminalize same-sex sexual conduct between consenting adults by reforming the penal code (to Saint Lucia)
• Reform laws related to discrimination and violence against women and lesbian, gay, bisexual, transgender and intersex persons, including by repealing provisions which may be used to criminalize consensual, same-sex sexual activity between adults, and establishing a law criminalizing domestic violence (to Saint Vincent & the Grenadines)
• Combat discrimination based on sexual orientation and gender identity by decriminalizing “sodomy” and “indecency between males”, which currently constitute crimes punishable by prison sentencing for up to seven years (to Samoa)
• Ensure adequate protection for all citizens, including members of the LGBT community, by, inter alia, allowing them to assemble to publicly promote their human rights and identifying and prosecuting those who commit violence against those who participate in peaceful assemblies (to Serbia)
• Repeal the anti-sodomy law, which criminalizes the private consensual conduct of gay men (to Singapore)
• Increase advocacy for freedom from discrimination based on sexual orientation and gender identity through public education and awareness building and address violence targeting LGBT persons through training for police, first responders and justice system officials (to South Africa)
• Repeal the provisions of the Tongan Criminal Offences Act criminalizing consensual sex between adults of the same gender (to Tonga)
• Put into effect first cycle recommendations 87.23 and 88.50, and develop policy and programmatic responses to the needs of lesbian, gay, bisexual, transgender and intersex (LGBTI) persons (to Trinidad & Tobago)
• Support repeal of the provision of the Penal Code criminalizing consensual sex between adult males (to Tuvalu)
• Protect the human rights of all individuals, including LGBT individuals, and take appropriate steps to help ensure that protection is provided to the victim and perpetrators are identified and prosecuted (to United Arab Emirates)

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