A/79/151
for political benefit. 138 LGBT persons may be targeted specifically in campaign
rhetoric, or hostility may be expressed in more general xenophobic terms. A common
feature of xenophobia is to create “the other” as a threat to the dominant paradigm.
Discrimination and hostility are exacerbated when an LGBT individual is additionally
targeted on the basis of other characteristics, such as race or religious beliefs, 139 or as
a migrant. 140
VIII. Conduct of campaign
44. Incitement to violence against LGBT persons is of greatest concern during
election campaigns, when political rhetoric is amplified. An estimated 51 States
Members of the United Nations explicitly prohibit incitement to hatred, violence or
discrimination based on sexual orientation. 141 The dynamics of political campaigning
may make it more difficult to enforce hate speech regulations, as such enforcement
will often rely on the careful deliberation of independent courts and legal processes,
which cannot apply such regulations quickly and effectively during elections.
45. Bias with regard to sexual orientation or gender identity can be an aggravating
factor in sentencing in jurisdictions where such a provision exists. Specific provisions
may apply to transgressions committed by public servants. Such regulations exist, f or
example, in Angola, Bolivia (Plurinational State of), Colombia, Honduras, Mongolia
and Peru, as well as across the European Union. These provisions recognize sexual
orientation (and, more rarely, gender identity) as areas of concern for targeted
discrimination and can have a deterrent effect on violence. These legal provisions also
provide grounds for more in-depth and comprehensive training of law enforcement
and justice sector officials entrusted with ensuring the safety of voters and candidates.
46. Violence has a particularly chilling effect on political participation. 142 In
contexts where authorities are reluctant to acknowledge or prosecute hate crimes,
LGBT people may face a reality in which hate crimes are committed with impunity.
In electoral contexts, delayed responses by authorities to hate speech complaints
during political campaigns also contribute to a sense of impunity for such
transgressions and contribute to a climate of fear. 143 In many contexts, LGBT activists
perceive law enforcement agencies as a source of harassment or threat, rather than
protection, mainly as a result of a history of persecution and harassment by police and
security forces. 144 Similarly, any restrictions on the rights of LGBT persons through
legislation have a negative effect on political participation by creating a situation of
legal precarity and social insecurity by designating LGBT persons as second -class
citizens. 145
47. Legal frameworks increasingly address the issue of gender-based political
violence, but often do so with a specific focus on women, without attending to or
differentiating between their experience and that of trans women or lesbians. Despite
increasing global attention to gender violence and persecution as applying gender
stereotypes to many differently gendered persons, presumptions under existing
__________________
138
139
140
141
142
143
144
145
24-12964
See A/HRC/26/30 and submission by Cattrachas Lesbian Network, p. 2.
Submission by VoteLGBT, p. 9.
Submission by Observatorio Latinoamericano y del Caribe de los Derechos Políticos y
Electorales de las Personas Trans, p. 10.
https://database.ilga.org/incitement-violence-lgbti.
See European Union Election Observation Mission, “Honduras: final report – general elections
2017”.
Submission by Cattrachas Lesbian Network, p. 3.
Submission by the GLIDE Initiative, p. 8.
Submissions by FrontlineAids, p. 4; and Observatorio Latinoamericano y del Caribe de los
Derechos Políticos y Electorales de las Personas Trans, p. 2.
17/25
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