A/79/151 I. Introduction 1. Sexual orientation and gender identity should never be obstacles to electoral participation. Too often, they are. Such obstacles include varied experiences of discrimination and violence linked to sexual orientation and gender identity, which often intersect with race, sex, gender, caste, religion, ethnicity, disability, political affiliation and other structures of exclusion. These specific obstacles are situated in relation to the realization of democratic governance in general. The present report draws on desk research and 56 submissions received from a wide range of stakeholders, including States, national human rights institutions, civil society organizations and academics in response to a call for inputs issued in March 2024. In addition, nine experts took part in a virtual consultation convened by the Yale Jackson School of Global Affairs on 10 June 2024. 2. The Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity previously noted that “all over the world … political campaigns, referendums, policy and parliamentary debates and public manifestations outside courthouses reveal social prejudice and misconceptions about the nature and moral character” of lesbian, gay, bisexual, transgender and other gender-diverse (LGBT) persons. 1 In 2024, United Nations experts raised concerns about “the dangerous hateful rhetoric used by some politicians and public officials to scapegoat and endanger those who are at particular risk, including LGBTQI+ persons, migrants and ethnic and religious minorities”. 2 The present report builds upon General Assembly resolutions 76/176 and 78/208, adopted in 2021 and 2023, respectively, in which the Assembly noted the need to “eliminate laws, regulations and practices that discriminate, directly or indirectly, against citizens in their right to participate in public affairs, including based on … sexual orientation and gender identity”. 3 3. The human rights related to the electoral participation of LGBT persons may be violated in myriad ways because of their real or perceived sexual orientation and gender identity, thus detracting from their full and meaningful participation in electoral processes. Violence, and the threat of violence, are the most serious obstacles to electoral participation for LGBT persons. In the present report, the Independent Expert pays specific attention to the varied experiences of discrimination and violence based on sexual orientation or gender identity, including as intersecting with other axes of exclusion. The Independent Expert identifies and explains the emergence of instances of bias-motivated political violence and hate speech and suggests possible ways to systematically address and prevent them. Furthermore, the Independent Expert analyses the discriminatory effects of legislation, regulations and administrative procedures on the electoral participation of voters and candidates, and proposes remedies. 4. Elections are complex processes involving multiple stakeholders over an extended period. 4 Electoral management bodies, as the national institutions in charge of administering elections, should ensure that voters and candidates can exercise their political rights throughout the election process, regardless of their sexual orientation or gender identity. Their regulations, administrative procedures and practices need to be free from discrimination, in line with international human rights standards. Elections are central to the State and its self-organization. As such, many formal __________________ 1 2 3 4 24-12964 A/74/181, para. 33. Office of the United Nations High Commissioner for Human Rights (OHCHR), “Joint statement of United Nations experts on strengthening democracy and human rights in a year of worldwide elections”, 30 April 2024. General Assembly resolutions 76/176, para. 7, and 78/208, para. 7. See A/68/299 and A/HRC/38/34. 3/25