Insufficient international protection for LGBTI+ people

19/07/2023

Written by: Héloïse Versavel

Translated by: Lou Szabo

Challenging traditional gender norms and conventional conceptions of masculinity and femininity, LGBTI+ people are subject to a great deal of discrimination. To justify this discrimination, LGBTI+phobic people invoke traditional values, family, and religion.

While recent years have seen a number of advances, including the legalization of same-sex marriage in many states, the banning of conversion therapy in some countries, and greater visibility for LGBTI+ people, they have also been accompanied by a global backlash against their rights. This backlash is visible in many countries, including the USA^[1]Lempinen, E. (2022, 4 mai). Attack on LGBTQ+ rights : The politics and psychology of a backlash. Berkeley News. … Continue reading and France^[2]Elzas, S. (2023, 23 avril). Gay marriage brought equality to France while giving rise to homophobia. RFI.  … Continue reading. In addition, the latest Ilga Europe report shows a worrying rise in violence against LGBTI+ people, and a worsening in the intensity of this violence, across the whole of Europe^[3]Eastham, J. (2023, 22 février). ILGA-Europe signale un pic de violence contre la communauté LGBTQIA+ en 2022.  … Continue reading.

On May 29, 2023, Uganda promulgated a law described by the international community as anti-LGBTI+. The law provides for up to 20 years’ imprisonment for anyone promoting homosexuality, and the death penalty for repeat offenders^[4]AFP L. M. A. (2023, 29 mai). En Ouganda, le président promulgue une loi anti-LGBT+, accusée de violer « de manière flagrante les droits humains ». Le Monde.fr. … Continue reading. Unfortunately, this initiative has reinforced the discriminatory vision of other countries, such as Kenya, where certain members of parliament wish to follow in Uganda’s footsteps. Faced with this increasingly visible discrimination and violence, we need to ask ourselves how LGBTI+ rights are protected on the international stage.

The Absence of International Texts Protecting LGBTI+ Rights

LGBTI+ people belong to one of the most discriminated population groups in the world. Yet no international text specifically strives to protect them, apart from the Montreal Declaration^[5]The Montreal Declaration was the outcome of the International Conference on LGBT Human Rights held in Montreal, Quebec, on July 29, 2006. In order to avoid compromises that could lead to a race to … Continue reading and the Yogyakarta Principles^[6]The Yogyakarta Principles were drafted by a group of international human rights experts. However, they are not binding on states.. Adopted in 2006, the latter are a series of principles on the application of international standards on sexual orientation and gender identity^[7]Genrespluriels, Les principes de Jogjakarta – Un aperçu, https://www.genrespluriels.be/IMG/pdf/principes_de_yogyakarta_apercu_fr.pdf. Although they represent a major step forward in the promotion and protection of LGBTI+ rights, these principles are not binding and have more of a symbolic nature.

Faced with this lack of protection, international law does protect LGBTI+ rights, but in a roundabout way.

At international level, they can be protected by the principle of non-discrimination enshrined in the Universal Declaration of Human Rights (UDHR), the International Covenant on Economic, Social and Political Rights and the 1966 International Covenant on Civil and Political Rights. Although the UDHR is not binding, it has a considerable symbolic importance, and its content is reinforced by the 1966 Covenants^[8]La Déclaration universelle des droits de l’Homme est adoptée à Paris. (s. d.). Gouvernement.fr.  … Continue reading. However, some of the states that have ratified and/or acceded to the covenants are still repressive towards the LGBTI+ community. This is the case of Afghanistan, which joined in 1983 despite being one of the most brutal regimes for sexual and gender minorities, or Qatar, which joined in 2018 despite LGBTI+ people facing imprisonment and, in some cases, the death penalty.

LGBTI+ rights can also be protected through the right to privacy and the right to human dignity, the latter being inherent in all fundamental rights. Prevention is also carried out, as in the 2011 Annual Reports and the UN High Commissioner for Human Rights on discriminatory laws and practices and acts of violence against LGBTI+ people^[9]United Nations High Commissioner for Human Rights (2011, November 17). Discriminatory laws and practices and acts of violence against people because of their sexual orientation or gender identity, … Continue reading. In addition, on June 30, 2016, the position of LGBTI+ rights defenders was created by the United Nations against violence and discrimination on the grounds of sexual orientation and gender identity.

Finally, persecution on the grounds of sexual orientation or gender identity is not specifically mentioned in the 1951 Geneva Convention on Asylum. However, LGBTI+ people can be protected if they are at risk of persecution because of their membership of a social group. Although there has been a considerable increase in the number of people seeking asylum on the grounds of their sexual orientation, the application process is complicated. Due to the intimate nature of sexual orientation and gender identity, providing evidence and witnesses is sometimes impossible^[10]Ladry, N.-J. (2023, 7 mars). Sexualité, LGBT et protection internationale. Alternatives Humanitaires.  … Continue reading.

At regional level, the protection of LGBTI+ rights is heterogeneous. In Europe, the European Parliament is heavily involved in this issue. Some of its members are particularly active in the political monitoring of LGBTI+ rights in the European Union^[11]Griera, M. (2023, 19 mai). Au Parlement européen, 157 députés se battent pour les droits LGBTI. www.euractiv.fr.  … Continue reading. What’s more, to counter the LGBTI+phobic positions of certain states, in March 2021 the Parliament declared the European Union to be a “zone of LGBTIQ freedom^[12]Le Parlement déclare l’Union européenne « zone de liberté LGBTIQ » (2021, 3 novembre). … Continue reading”. Furthermore, LGBTI+ rights are protected through numerous principles, such as those of non-discrimination and the right to privacy present in the Charter of Fundamental Rights of the European Union and in framework directives. Respect for human rights is also a prerequisite for countries applying to join the European Union^[13]Versavel, H. (2023, 10 mars). L’Union européenne et la promotion et protection des droits LGBTI+, Institut du Genre en Géopolitique. https://igg-geo.org/?p=11625.

As for the Council of Europe, it must strike a balance between respect for national discretion and the protection and promotion of fundamental rights. The European Court of Human Rights (ECHR) has handed down a number of highly protective rulings, such as Christine Goodwin v. United Kingdom in 2002, concerning the right of trans people to marry^[14]Droits, D. D. (s. d.). Arrêt relatif au droit de se marier des personnes. Catalogue en ligne. https://juridique.defenseurdesdroits.fr/index.php?lvl=notice_display&id=16265, or the Dudgeon v. United Kingdom ruling in 1981, in which it held that laws criminalizing sexual orientation violate human rights, in particular the right to respect for private and family life. This landmark decision led to the decriminalization of homosexuality in Northern Ireland, the UK and Europe^[15]Council of Europe (2021, October 22). The 40th anniversary of a key European Court of Human Rights case that led to the decriminalization of homosexuality – a turning point for LGBTI people. … Continue reading. Subsequently, the Court repeatedly ruled against states that applied for a total ban on homosexual acts, as in Norris v. Ireland in 1988 and Modinos v. Cyprus in 1993^[16]Council of Europe (2021, October 22). The 40th anniversary of a key European Court of Human Rights case that led to the decriminalization of homosexuality – a turning point for LGBTI people. … Continue reading. Unfortunately, in the face of certain member states challenging its authority and invoking their autonomy, the Court sometimes has to step back in its assessment of sensitive social issues, to the detriment of safeguarding LGBTI+ rights^[17]Delgrange, X. (2021). Marge ou crève. Canadian Journal of Law and Society / La Revue Canadienne Droit Et Société, 36 :2, 225-243. doi:10.1017/cls.2021.20.

The ‘margin of appreciation’, a concept developed and clarified by the ECHR, allows states to choose the measures they deem most appropriate to meet their obligations^[18]contact@cabinetaci.com. (2022). La notion de marge nationale d’appréciation. Cabinet ACI. https://www.cabinetaci.com/la-notion-de-marge-nationale-dappreciation/. For matters on which there is no consensus within the member states of the Council of Europe, the Court leaves them a wide margin of appreciation. By considering that the national authorities are in the best position to assess certain issues, it allows states not to fully respect the rights protected by the European Convention on Human Rights^[19]It should be noted, however, that the Court does carry out a review where an individual right or freedom is concerned. In such cases, the national authorities’ freedom of appreciation is … Continue reading. Thus, in a decision Orlandi and a. v. Italy of December 14, 2017, the ECHR considered that member states had a wide margin of appreciation in determining whether a same-sex marriage contracted abroad should be transposable into domestic law^[20]Coustet, T. (21/12/2017). CEDH : les États bénéficient d’une « marge d’appréciation étendue » sous conditions. Dalloz Actualité. … Continue reading.

In Latin America, nine states, including Argentina, Brazil, Chile, Colombia, Costa Rica, Cuba, Ecuador, Uruguay, and Mexico, have legalized same-sex marriage^[21]Info, F. (2022, 27 octobre). Le Mexique devient le neuvième pays latino-américain à légaliser le mariage homosexuel. Franceinfo. … Continue reading. At the same time, the possibility of gender reassignment for trans people has been opened up in a dozen states, and recognition of non-binary gender is possible in Argentina, Colombia, and Uruguay^[22]Nicollet, L. (2022). En Amérique du Sud, les droits LGBTI+ progressent avec la reconnaissance officielle du genre non binaire. HES LGBTI+.  … Continue reading.

On the American continent, the Inter-American Court of Human Rights^[23]The Inter-American Court of Human Rights applies and interprets the American Convention on Human Rights. It is part of the Organization of American States’ inter-American human rights … Continue reading displays a marked willingness to protect LGBTI+ rights on its territory and oversees the application of the American Convention on Human Rights(The latter came into force in 1978 and is a major treaty in the inter-American human rights protection system. The Inter-American Court of Human Rights and the Inter-American Commission on Human Rights are responsible for its application. It is applicable in 23 of the 35 member states of the Organization of American States. It is not applicable in the United States or Canada, for example.)). On January 26, 2018, the Court published an advisory opinion in which it considers same-sex marriage and gender identity change to be right protected by the American Convention on Human Rights. It also calls on States Parties to respect these rights^[24]C-Fam. C. (2018, 29 janvier). La Cour Interaméricaine des Droits de l’Homme tente d’imposer le mariage homosexuel sur tout le continent. C-Fam. . … Continue reading. The Court also recognized the structural discrimination suffered by the LGBTI+ community. This was notably the case in Azul Rojas Marin v. Peru of March 12, 2020, in which it relied on the right to equality, non-discrimination, personal freedom, integrity, privacy and judicial guarantees to protect the rights of an LGBTI+ person. Moreover, it recognizes both individual prejudice and the prejudice of the LGBTI+ community as a whole^[25]Antoine, J. & Gagnier, P. (2021). Chronique Cour Interaméricaine des Droits de l’Homme. Janvier 2020 – septembre 2020. La Revue des droits de l’Homme. https://doi.org/10.4000/revdh.10731. While many Latin American states have agreed to submit to its contentious jurisdiction, the United States has not. What’s more, it has not ratified the Convention, making it inapplicable on its territory. The protective scope of the Court and the Convention with regard to human rights in general, and LGBTI+ rights in particular, is therefore limited.

On the African continent, the African Charter on Human and Peoples’ Rights, adopted in 1981, is the main human rights treaty of the African Union. It contains no explicit reference to sexual orientation or gender identity. However, Article 2 of the Charter states that individuals shall enjoy the rights set out in the Charter “without distinction of any kind such as race, ethnic group, skin color (…) or other status^[26]OHCHR, (2018, 26-28 mars), Dialogue thématique conjoint sur l’orientation sexuelle, l’identité de genre et les problématiques liées aux personnes intersexes, … Continue reading”. Sexual orientation and gender identity could therefore, hypothetically, fall under “other status”. By adopting an open-ended list, the drafters of the Charter appear to accept that the content may evolve. Furthermore, in 2014, the Commission adopted Resolution 275 “on protection against violence and other human rights violations based on real or perceived sexual orientation or gender identity”.

Nevertheless, two reasons for restricting LGBTI+ rights have been put forward by some stakeholders in the African Charter: African morality and traditional values, which authorize or even encourage discrimination against the community^[27]OHCHR, (2018, 26-28 mars), Dialogue thématique conjoint sur l’orientation sexuelle, l’identité de genre et les problématiques liées aux personnes intersexes, … Continue reading. Furthermore, while the Coalition of African Lesbians^[28]The Coalition of African Lesbians (CAL) brings together 30 different organizations based in 19 African countries and headquartered in South Africa. Its mission is to defend the rights of African … Continue reading (CAL) had campaigned for years to obtain observer status at the African Commission on Human and Peoples’ Rights, which it obtained in 2015^[29]Darkoa Sekyiamah, N. (2015, 21 mai). La CAL obtient le statut d’observateur à la CADHP après des années d’activisme, AWID.  … Continue reading, the Executive Council requested the withdrawal of this status in June 2015 and reiterated its request in January 2018. After attempting to resist, the Commission bowed to the Council’s pressure and withdrew CAL’s observer status^[30]International Justice Resource Center (2020, 10 février). African Commission Bows to Political Pressure, Withdraws NGO’s Observer Status. … Continue reading.

Asia, on the other hand, is characterized by the absence of a binding regional text on human rights. There is the 2012 ASEAN Declaration of Human Rights^[31]The Association of Southeast Asian Nations is a political, economic, and cultural organization of ten Southeast Asian countries. It was founded in 1967 in Bangkok, Thailand., but it is not legally binding. Moreover, it is considered useless and dangerous by many civil society organizations^[32]FIDH, (2015, novembre), Démystifier la protection des droits humains en Asie. https://www.fidh.org/IMG/pdf/asie669frbassdef.pdf. The latter have accused it of failing to comply with international human rights standards, not least because of the Declaration’s General Principle 7, which subjects universal human rights to the regional and national context and calls for “political, economic, legal, social, cultural, historical and religious experiences^[33]FIDH, (2015, novembre), Démystifier la protection des droits humains en Asie. https://www.fidh.org/IMG/pdf/asie669frbassdef.pdf to be taken into account”. The continent’s states therefore submit to varying degrees to the UN supervisory mechanisms, such as the Universal Periodic Review or the United Nations Committees. The latter, for example, play an important role in promoting LGBTI+ rights in the region. The Toonen v. Australia by the United Nations Human Rights Committee^[34]In this case, the Committee recognized that the term “sex” in articles 2(1) and 26 of the International Covenant on Civil and Political Rights should be interpreted as also encompassing … Continue reading led to recognition of the existence of a third gender in Nepal in the 2007 case of Sunil Babu Pant et al. v. Government of Nepal^[35]Martin, C. N.C. (2019). Protection(s) régionale(s) des droits humains en Asie. Vers une Cour asiatique des droits humains ?, Thèse de Doctorat en Droit public, Université Aix-Marseille..

Finally, the protection of LGBTI+ rights is not envisaged in the 2004 Arab Charter on Human Rights, nor in the 1990 Declaration of Human Rights in Islam. In the latter, for example, article 5 specifies that women and men have the right to marry, thus closing the door to same-sex marriage^[36]Declaration on Human Rights in Islam adopted on August 5, 1990, in Cairo (Egypt), at the 19th Islamic Conference of Foreign Ministers.. Generally speaking, the governments of the various states in the region have opted for total invisibilization of LGBTI+ people^[37]Verrier, M. (2023). Stigmatisation et discrimination systémiques envers la communauté LGBTQIA+ au Moyen-Orient. Institut du Genre en Géopolitique. https://igg-geo.org/?p=11710. No mention is made of them, leading to rejection by their families, communities, and governments. This refusal to accept their existence fuels the rest of the population’s ignorance of them and discrimination^[38]Verrier, M. (2023). Stigmatisation et discrimination systémiques envers la communauté LGBTQIA+ au Moyen-Orient. Institut du Genre en Géopolitique. https://igg-geo.org/?p=11710.

In the face of such regional disparities, the possibility of reaching a consensus seems difficult to foresee.

The possibility of specific protection?

With the rights of LGBTI+ people in jeopardy around the world, and given the absence of international texts concerning them, there is an urgent need for specific protection. At present, however, this hypothesis seems unlikely, given the polarized nature of the discourse on LGBTI+ rights.

Worldwide, homosexuality is still punishable by death in several countries, including Afghanistan, Iran, Brunei, Somalia, the United Arab Emirates, Yemen, Saudi Arabia, Mauritania, Qatar, Pakistan and, more recently, Uganda. What’s more, while LGBTI+ rights seemed to have been taken for granted in many countries, the prospect of a backlash is increasingly threatening. This is the case in the U.S., for example, where Supreme Court Justice Clarence Thomas has declared his willingness to reconsider Obergefell v. Hodges, which made same-sex marriage legal in all U.S. states^[39]Aguilera, J. (2022, 14 décembre). What Will Happen to Same-Sex Marriage Around the Country if Obergefell Falls. Time. https://time.com/6240497/same-sex-marriage-rights-us-obergefell/. The rights of trans people are also at risk in this territory, as many states have passed laws prohibiting gender transition for minors^[40]Gacemi, I. (2023, 30 mars). Dans le Kentucky, la « pire loi anti-trans » des Etats-Unis définitivement adoptée. Libération.  … Continue reading. Recently, in addition to Arizona, Florida, Iowa, Georgia and Tennessee, Kentucky, in March 2023, passed a law prohibiting minors’ access to gender transition care. The text also prohibits trans people from using the toilets corresponding to their gender in schools and authorizes teachers to refuse to use the pronoun chosen by trans people^[41]Gacemi, I. (2023, 30 mars). Dans le Kentucky, la « pire loi anti-trans » des Etats-Unis définitivement adoptée. Libération. … Continue reading.

At regional level, Europe is also concerned by the worsening protection of LGBTI+ rights. The rise in violence and discriminatory discourse is concomitant with the rise of the far right in Europe. “LGBT ideology-free zones” were created in Poland in 2019, and an “anti-LGBT” law was passed in June 2021 in Hungary^[42]Versavel, H. (2023, 10 mars). L’Union européenne et la promotion et protection des droits LGBTI+, Institut du Genre en Géopolitique. https://igg-geo.org/?p=11625. Since October 2022, Italy has become the first founding state of the European Union to be led by the far right, in this case Giorgia Meloni’s party. Meloni’s party has always displayed its homophobic stance^[43]Etancelin, V. (2023, 3 mars). En Italie, la Une de « Grazia » avec Giorgia Meloni ne passe pas. Le HuffPost. … Continue reading, and has implemented state-sponsored homophobia^[44]Giuliano, C. (2023, 23 juin). Droits LGBT : Giorgia Meloni accélère sa croisade contre les familles homoparentales en Italie. Le HuffPost. … Continue reading. Recently, the far right also made its way into the Greek parliament following the legislative elections of June 2023, in which it won 12.77% of the vote^[45]France24. (2023, 26 juin). Législatives en Grèce : l’extrême droite signe son retour au Parlement. France 24. … Continue reading. This right-wing extremism is also visible at European level, where it is an integral part of the system and enjoys a strong influence^[46]Versavel, H. (2023, 10 mars). L’Union européenne et la promotion et protection des droits LGBTI+. Institut du Genre en Géopolitique. https://igg-geo.org/?p=11625.

Furthermore, some members of the political classes choose to instrumentalize existing social prejudices and verbally attack LGBTI+ people in order to achieve their political goals^[47][Free Translation] Council of Europe. (2023, 15 mars). Fierté vs. Indignité : la manipulation politique de l’homophobie et de la transphobie en Europe. Commissaire aux droits de l’Homme.  … Continue reading. In Armenia, for example, several bills were deliberately designed to “fuel hostility towards LGBTI+ people in the context of rivalry between opposing political parties^[48][Free Translation] Council of Europe. (2023, 15 mars). Fierté vs. Indignité : la manipulation politique de l’homophobie et de la transphobie en Europe. Commissaire aux droits de l’Homme. … Continue reading”.

Simultaneously, the influence of “anti-gender” movements, made up of religious extremists and ultra-conservative organizations, is growing, particularly in political circles. By using a human rights vocabulary, these movements confuse the public, but actually promote the disenfranchisement of women and LGBTI+ people^[49][Free Translation] Council of Europe. (2023, 15 mars). Fierté vs. Indignité : la manipulation politique de l’homophobie et de la transphobie en Europe. Commissaire aux droits de l’Homme. … Continue reading. This rising influence is made possible by increased funding for anti-gender actors. Worldwide, “anti-gender” funding has risen from $22.2 million in 2009 to $96 million in 2018^[50]Tip of the Iceberg: Religious Extremist Funders against Human Rights for Sexuality & Reproductive Health in Europe. (s. d.-b). EPF. https://www.epfweb.org/node/837. In Europe, these backers are mainly based in Germany, Spain, France, Italy, and Poland. When it comes to same-sex marriage specifically, backers are mainly to be found in Austria, Croatia, Finland, France, Germany, Italy, Romania, and Slovakia^[51]Tip of the Iceberg: Religious Extremist Funders against Human Rights for Sexuality & Reproductive Health in Europe. (s. d.-b). EPF. https://www.epfweb.org/node/837.

Evangelical churches are also growing in influence around the world. In the U.S., the younger generation of evangelicals tends to show more flexibility towards homosexuality, but the majority still consider it a sin, condemning gay marriage and same-sex adoption. In Uganda, the hold of U.S. evangelicals has led to an increase in hatred and violence against the LGBTI+ population for over a decade, creating fertile ground for Uganda’s latest anti-LGBT law^[52]Amnesty International Suisse. (s. d.). Les gays vivent dans l’angoisse. https://www.amnesty.ch/fr/sur-amnesty/publications/magazine-amnesty/2011-67/LGBT-Ouganda.

On the Latin American continent, they have taken advantage of the decline of Catholicism to increase their influence and are also working to expand their network internationally. Recruiting from lower and middle classes, some of these churches can be likened to empires of wealth and manage to operate in symbiosis with the political milieu^[53]Rodríguez Cuadros, J. (2018). Le basculement religieux latino-américain. Hérodote, 171, 119-134. https://doi.org/10.3917/her.171.0119. In Brazil, for example, with 1 in 3 individuals and 20% of Brazilian MPs being evangelicals, these highly conservative churches play a major role in the political hardening on social issues^[54]Rodríguez Cuadros, J. (2018). Le basculement religieux latino-américain. Hérodote, 171, 119-134. https://doi.org/10.3917/her.171.0119, perceived as moral crises^[55]Ferreira, A. C. F. (s. d.-b). L’électorat évangélique au cœur de la bataille Lula-Bolsonaro. The Conversation. … Continue reading. In 2018, 70% of evangelicals voted for Jair Bolsonaro^[56]Ferreira, A. C. F. (s. d.-b). L’électorat évangélique au cœur de la bataille Lula-Bolsonaro. The Conversation. … Continue reading. During his term in office, Bolsonaro appointed André Mendonça, an openly evangelical conservative, as a judge on Brazil’s Supreme Court^[57]Info, F. (2021, 16 décembre). Au Brésil, un juge évangélique pro-Bolsonaro à la Cour suprême. Franceinfo. … Continue reading.

On the international scene, the issue of LGBTI+ rights illustrates and feeds the growing divide between LGBTI+ and conservative states. It is the subject of different conceptions that clash on the international stage. A recent example was the adoption of the International Labor Organization’s work program and budget, which was blocked by the concerted efforts of a group of African countries and the Organization of Islamic Cooperation (OIC) ^[58]Radio-Canada. (2023, 9 juin). Nouveau désaccord à l’ONU autour des droits LGBTQ. Radio-Canada.ca. https://ici.radio-canada.ca/nouvelle/1986794/desaccord-onu-droits-lgbtq. The disagreement one concerned formula in particular, which referred to “other population groups affected by discrimination and exclusion, in particular on grounds of race, sexual orientation and gender identity^[59]L’Union, P. J. (2023, 9 juin). Nouvelle confrontation entre pays à l’ONU autour de la question des droits LGBTQ+. lunion.fr. … Continue reading”. The protesting States tabled an amendment to delete any reference to “other population groups”. It should be noted that such opposition from the protesting states had not occurred in previous years, further illustrating the global backlash against LGBTI+ rights. Unfortunately, despite the rejection of this amendment by several countries in America, Europe and part of the Asia-Pacific region, a compromise had to be found. The final text recognizes the existence of different positions on the issue of discrimination on the grounds of sexual orientation and gender identity^[60]Chelliah, J. (2023, 14 juin). Droits LGBTQ : budget de l’OIT validé après une crise interne. watson.ch/fr. … Continue reading. Unfortunately, this is often the dominant scenario, in which a race to the bottom is observed. This is caused by less pronounced positions, and leads to a decline in the protection of human rights on the international stage.

Other similar situations have arisen, such as in May 2022, when certain Muslim and African states refused to raise questions of sexual orientation and gender during the adoption of the World Health Organization’s strategy against sexually transmitted diseases. This refusal, based on cultural and religious considerations, is likely to have a lasting impact on HIV/AIDS prevention efforts^[61]Radio-Canada. (2023, 9 juin). Nouveau désaccord à l’ONU autour des droits LGBTQ. Radio-Canada.ca. https://ici.radio-canada.ca/nouvelle/1986794/desaccord-onu-droits-lgbtq. Furthermore, in July 2022, the mandate of the United Nations Advocate for the Rights of LGBTI+ Minorities was narrowly renewed. Here again, the OIC fought against this renewal, proving the rallying efforts of these states to fight against LGBTI+ rights within the very international bodies for the protection and promotion of fundamental rights^[62]Radio-Canada. (2023, 9 juin). Nouveau désaccord à l’ONU autour des droits LGBTQ. Radio-Canada.ca. https://ici.radio-canada.ca/nouvelle/1986794/desaccord-onu-droits-lgbtq. They also highlight their blocking power, leading to compromises that slow down and diminish the promotion and protection of LGBTI+ rights. Furthermore, one state’s decision has a certain power of influence and can reinforce its neighbours’ willingness to adopt the same positions. Uganda’s recent homophobic law, for example, has given rise to a veritable anti-LGBTI+ legislative movement in several East African countries. Kenya, South Sudan, and Tanzania are following Uganda’s lead^[63]Mersie, A. (2023, 27 juin). Kenya could follow Uganda as East African nations wage war on LGBT rights. Reuters. … Continue reading.

In the face of this law, international pressure has not been sufficient. Uganda’s image on the international stage has been damaged, and it is likely to face economic consequences, particularly in terms of funding^[64]Agchar, D. (2023). Promulgation de la loi anti-LGBTI+ en Ouganda : un regard sur les conséquences nationales et sur les enjeux géopolitiques. Institut du Genre en Géopolitique. … Continue reading. This threat could, however, drive it further towards like-minded countries, widening the gap between LGBTI+ and anti-gender rights states.

Efforts Required in the Face of Declining LGBTI+ Rights

Faced with this situation, Western states have little room for manoeuvre. The hypothesis of an international treaty specific to LGBTI+ people seems unlikely at present. If such a treaty were to be adopted, ratifications would surely be few and far between. However, such a treaty could be used in foreign diplomacy of Western states, and would have an interesting symbolic purpose. In addition, it would enable LGBTI+ states to adopt a united front, in opposition to that offered by more conservative states.

In addition, defender states could increase their funding for projects promoting LGBTI+ rights and the creation of safe havens in problematic states. These measures must also be applied in refugee camps, where LGBTI+ people are subject to considerable violence. This is particularly the case in the Kakuma camp in Kenya, where gender and sexual minorities suffer hate crimes, physical, sexual, and moral violence, and other serious violations of their fundamental rights^[65]Amnesty International. (2023). Kenya. Le camp de personnes réfugiées de Kakuma n’est toujours pas sûr pour les réfugié·e·s LGBTI. Amnesty International. … Continue reading.

In order to counter recent deteriorations in the protection and promotion of LGBTI+ rights, the states that protect these rights must therefore redouble their efforts, on the national, regional, and international stage.