Mauritius: Sexual Diversity gets a boost at the UN Human Rights Council

Mauritius: Sexual Diversity gets a boost at the UN Human Rights Council


Date: May 4, 2019
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Video: Mauritius, UPR Report Consideration – 36th Meeting, 40th Regular Session Human Rights Council

Synopsis

For the first time, at the Universal Periodic Review (UPR), Mauritius received 14 recommendations from 13 countries, 4 advanced questions and 3 comments in favour of LGBT rights as human rights. This is in contrast to UPR cycles 1 & 2, in which Mauritius received only 1 and 3 recommendations respectively. In addition, all these lobbying and advocacy efforts culminated in Maneesh Gobin Attorney General, Minister of Justice, Human Rights & Institutional Reforms stating at the 40th Regular Session of the Human Rights Council “…please rest assured that Mauritius will take initiatives for the recognition of the rights of the LGBT community.”

Context

Over the past four years, since 2014, Mauritius has been failing to recognise and further the rights of LGBT people as human rights. In fact, these four years have been void of any policy and legal advances for LGBT rights despite constant denial and violation of LGBT rights as human rights in Mauritius. In these situations, international conventions, mechanisms, treaties and protocols such as the Human Rights Committee (and the International Covenant on Civil and Political Rights), the CEDAW and the UPR which ensure protection and promotion of LGBT rights as human rights are being violated by the State of Mauritius.

The ultimate goal is to ensure that Mauritius abides by internationally set standards of human rights, advances LGBT rights as human rights and holds perpetrators of homophobia and transphobia accountable.

The Universal Periodic Review (UPR) is a unique process which involves a review of the human rights records of all UN Member States. The UPR is a State-driven process, under the auspices of the Human Rights Council, which provides the opportunity for each State to declare what actions they have taken to improve the human rights situations in their countries and to fulfil their human rights obligations.

As one of the main features of the Council, the UPR is designed to ensure equal treatment for every country when their human rights situations are assessed. The ultimate aim of this mechanism is to improve the human rights situation in all countries and address human rights violations wherever they occur. Currently, no other universal mechanism of this kind exists.

The recourse to the UPR was chosen because it holds the State accountable to conventions and treaties that it has ratified and has a moral obligation to implement.Recourse to the UPR advocacy enables peer-to-peer dialogue and pressure from developmental partners and other States to encourage Mauritius to ensure that LGBT people have their human rights guaranteed.

Partners

The Young Queer Alliance (YQA) is the Alliance LGBTI focal network in Mauritius. The YQA is part of consortium formed under the Kaleidoscope Trust with GL Mauritius,  Media Watch Organisation, PILS and other Alliance partners to promote SRHR. In this initiative, YQA also worked with the International Lesbian and Gay Association (ILGA) to ensure that this outcome is achieved. ILGA has always valued the expertise of the YQA on LGBT issues in Mauritius and we remain a solid reference for UN related works. ILGA role was to provide guidance and technical expertise to the YQA throughout the process and follow-up on same. In addition ILGA supported the YQA logistically to be able to attend the UN-UPR advocacy week to lobby.

Activities

  • The YQA used an evidenced-based advocacy and strategic partnership to achieve the desired results.
  • The YQA documented existing national laws/policies that criminalises homosexuality or promote LGBT rights. Furthermore, with the technical support from the International Lesbian, Gay, Transgender and Intersex Association (ILGA), the YQA became acquainted with existing UPR procedures and protocols to utilise.
  • Relevant case studies and factual narratives, newspaper articles, previous advocacy efforts, statistics, recommendations from local and international institutions, etc. which speak about LGBT issues in Mauritius were compiled.
  • Past researches and UN submissions by the YQA were also referenced.
  • The above information were used to draft a preliminary report with recommendations and submitted for review by specific persons at the YQA. Afterwards review and a preliminary correction, the report was submitted to ILGA for review. ILGA reviewed the report, made comments and sent it to the YQA for final amendments.
  • The YQA made final amendments and submitted the report to the UPR through its website.
  • The YQA drafted a 2-pages advocacy paper around the submission to be used with specific States and developmental partners.
  • The YQA attended a workshop on addressing the UN advocacy sponsored by ILGA. The workshop regrouped a number of associations and participants from different countries under review. During the workshop, the YQA also had the opportunity to meet with and lobby different diplomatic missions using the 2-pages advocacy paper.
  • YQA representative sent a follow-up email detailing which countries representatives were met and the status of each meeting. In addition, in country, the YQA delegated two persons to advocate with local diplomatic missions through emails and meetings. The status of each were noted and closely monitored.
  • The YQA kept the pressure till the UPR meeting and mediatised the outcomes.

Achievements

  • 14 recommendations from 13 countries, 4 advanced questions and 3 comments in favour of LGBT rights.
  • Maneesh Gobin Attorney General, Minister of Justice, Human Rights & Institutional Reforms stating at the 40th Regular Session of the Human Rights Council “…please rest assured that Mauritius will take initiatives for the recognition of the rights of the LGBT community.”
  • Networks forged and sustained with a number of missions and embassies.
  • The YQA being a partner for the Ministry of Justice, Human Rights and Institutional Reforms through the National Mechanism for Reporting and Follow-up (NMRF).
  • This will be sustained through constant advocacy and networking. In addition, the YQA is already collecting data, facts, information and narratives of new violations of LGBT rights as evidenced-based documentation.
  • The YQA is also lobbying with the Ministry of Justice to have a national action plan to tackle LGBT issues and rights with the support from civil society.

Long-term impact 

The UPR is a cycle that will occur every 4 years. Therefore, engaging with the UPR allows for time and again hold the Mauritian state accountable on its engagements, results achieved and new issues cropping up.

In addition, following the UPR, the YQA is now being invited at decision making and consultation tables by the Ministry of Justice, Human Rights and Institutional Reforms through the National Mechanism for Reporting and Follow-up (NMRF).

The YQA has also followed-up with embassies and missions after recommendations to ensure constant linkages with them to continue lobbying and providing support to the YQA works.

 


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