A/79/151
LGBT people reinforces stigma. 160 As noted by the Special Rapporteur on freedom of
opinion and expression, “[s]tigmatizing statements made by public officials against
LGBTQ+ persons create an environment conducive to violence against members of
that community, gender rights activists and human rights defenders working to protect
the rights of these groups”. 161
51. Electoral campaigns often involve so-called “third parties”, individuals or
organizations other than political parties or candidates that campaign for or against
specific parties, candidates or issues. 162 The role of third parties, such as academic
institutions, think tanks, civil society organizations and media organizations, in electoral
campaigns is rarely regulated due to the difficulty of distinguishing between the regular
activities of citizens, civil society organizations and even businesses and their
involvement in electoral politics. Greater transparency in the regulation of third -party
involvement in political campaigns may assist organizations working on the human
rights of LGBT persons to get formally involved in supporting certain political positions.
More detailed regulation may also help promote transparency with respect to those
organizations that use discriminatory rhetoric or incite violence against LGBT persons.
IX. Campaign finance
52. Equitable access to campaign finance is an important component of electoral
participation. Campaign finance may originate from donations to candidates or
political parties, as well as from government subsidies. Regardless of the electoral
system, the distribution of resources to LGBT political actors may be influenced by a
perception of the political viability of a candidate on the basis of sexual orientation
or gender identity. When LGBT persons are only peripherally involved in internal
party governance structures, LGBT candidates may receive correspondingly low
levels of funding from political parties. 163
53. In environments where support for the rights of LGBT people may have adverse
effects, donations to individual LGBT candidates, or to parties advocating for equal
rights of LGBT persons, may be constrained by possible negative consequences for
the donor. To help avoid this, limits on the disclosure of details of financial
contributions to candidates may be put in place. Under such regulations, with due
precautions against possible illicit campaign financing, relatively small donations can
be reported without disclosing the identity of the donor, thus avoiding stigmatization
of the donor. 164
54. As mentioned above, additional regulation of third parties in campaigns can
contribute to an increase in transparency regarding funding sources and expenditure.
Several countries require third parties to officially register and to operate through a
dedicated bank account and within spending limits. 165 Such regulations may help
increase the accountability of third parties if they disseminate discriminatory
messages or incite violence against LGBT electoral stakeholders.
__________________
160
161
162
163
164
165
24-12964
OSCE, Office for Democratic Institutions and Human Rights, “Final report on the 2020
parliamentary elections in Kyrgyzstan” (Warsaw, 2020), p. 11.
A/78/288, para. 88.
Funding of Political Parties and Election Campaigns : A Handbook on Political Finance, Elin
Falguera, Samuel Jones and Magnus Ohman, eds. (Strömsborg, Sweden, International Institute
for Democracy and Electoral Assistance, 2014), pp. 189 and 190.
Submission by VoteLGBT, p. 3.
OSCE, Office for Democratic Institutions and Human Rights and European Commission for
Democracy through Law (Venice Commission), Guidelines on Political Party Regulation, 2nd
ed. (Strassbourgh, 2010), para. 265.
OSCE, Office for Democratic Institutions and Human Rights, “Note on third party regulations in
the OSCE region”, Note No. POLIT/372/2020 (Warsaw, 2020), paras. 107 –143.
19/25
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents