The International Gay and Lesbian Human Rights Commission (IGLHRC) participated in the 42nd session of the Committee on the Elimination of Discrimination Against Women (CEDAW) in Geneva between October 20 and November 7, 2008.

As part of its work to expand the CEDAW Committee’s understanding of sexual orientation and gender identity issues, IGLHRC sponsored the participation of an Ecuadorian activist at that session, and the translation of their shadow report—a report describing their state’s compliance with the Convention on the Elimination of All Forms of Discrimination Against Women—from Spanish into English.

IGLHRC also provided advice to activists who drafted shadow reports on Mongolia and Kyrgyzstan and participated into a side event that brought together local activists and committee members to discuss the situation for sexual and gender variant people in these countries, as well as in Slovenia and Uruguay.

In response to the shadow reports submitted by activists from Ecuador, Kyrgyzstan, Mongolia, Slovenia, and Uruguay, the CEDAW Committee used its concluding comments to address violations on the basis of sexual orientation and gender identity in extremely vague terms.

For Ecuador, the Committee noted:

28. While noting the prohibition of discrimination against sexual minorities referred to in Article 11, paragraph 2 of the new Constitution, the Committee is concerned with reports of discrimination against women on this ground.

29. The Committee recommends that the State party ensure investigation of such cases and undertake remedial action in line with its Constitution.

The Committee would have been more effective had they stated what types of remedial actions the Ecuadorian Government could take, especially in light of the fact that the shadow report had documented specific human rights violations on the basis of sexual orientation and gender identity. In addition, the Committee recommended that the government should apply the Principles of Equality on the basis of race, poverty, social exclusion, and rural or indigenous grounds. They should have included sexual orientation and gender identity on this list.

For Kyrgyzstan, the Committee noted:

43. The Committee is concerned about reports of discrimination and harassment against women because of their sexuality as well as about acts of harassment against women in prostitution by police officials.

The Committee failed to mention the impact that the custom of “bride abductions” has on LBT women, which leads to forced marriage—a clear violation of CEDAW. That the Committee uses the word “sexuality” instead of “sexual orientation,” masks the fact that although consensual homosexuality is legal in Kyrgyzstan, police target lesbians for not conforming to sexual norms.

The most glaring omission by the Committee was in the case of Mongolia, where they made no mention whatsoever of the instances of violence and discrimination presented in the shadow report.

Click here for more information about the 42nd CEDAW session and the shadow reports on Ecuador, Kyrgyzstan, Mongolia, Slovenia, and Uruguay.