| Click here for a summary of Bangladesh’s review at the second cycle and/or the third cycle. |
4th UPR session
Date of review: 3 February 2009
Date of report adoption: 5 October 2009
Document number: A/HRC/11/18
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SUMMARY SOGIESC issues during Bangladesh’s 1st UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Right to life, liberty and security of the person
25. […] Sexual Rights Initiative (SRI) stated that Hijra, Kothi and other ‘effeminate’ males are often vulnerable to abduction, arbitrary arrests, detention, beatings and gang rape by the law enforcing agencies and local thugs. SRI noted that there is no law to penalize “male to male” rape.
Right to privacy, marriage and family life
30. SRI stated that the Section 377 of the Penal Code criminalizes sexuality against the ‘order of nature.’ The punishments for crimes perpetrated under this section include fines and an imprisonment of up to ten years. SRI noted that there has not been any case tried or filed under this section. Nonetheless, section ‘377’ is said to have been invoked by the law enforcing agencies to bully Hijra, Kothi and LGBT-identified communities.
II. Excerpts on SOGIESC issues from the national report
No references.
III. Excerpts on SOGIESC issues by UN agencies
Right to privacy, marriage and family life
27. A 2004 UNDP report noted that men who have sex with men and “hijras” reported being severely discriminated against because of their sexual orientation.
IV. References to SOGIESC issues during the Working Group review
41. Chile […] recommended that Bangladesh […] (c) consider abolishing article 377 of the Penal Code, which criminalizes sexuality against the “order of nature”.
64. Czech Republic […] (i) decriminalize same sex activity between consenting adults and adopt further measures to promote tolerance in this regard.
V. Conclusions and/or recommendations
Bangladesh accepted the following recommendation:
94. 27a. Provide human rights training to law enforcement and judicial officers, with a specific focus on the protection of the rights of women, children and persons of minority sexual orientation or gender identity and adopt further measures to ensure protection of these persons against violence and abuse (Czech Republic).
Bangladesh accepted the following recommendation:
94. 27b Consider abolishing article 377 of the Penal Code, which criminalizes sexuality against the “order of nature” (Chile);
94. 27c Decriminalize same sex activity between consenting adults and adopt further measures to promote tolerance in this regard (Czech Republic).
VI. Further information
You will find all documents relating to Bangladesh’s first review at UPR-Info and OHCHR’s websites.