| Click here for a summary of Bangladesh’s review at the first cycle and/or third cycle. |
16th UPR session
Date of review: 29 April 2013
Date of report adoption: 20 September 2013
Working Group report: A/HRC/24/12
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SUMMARY SOGIESC issues during Bangladesh’s 2nd UPR review |
I. Key issues/recommendations identified by NGOs
- ask what steps have been taken to provide human rights training to law enforcement and judicial officers on sexual orientation and gender identity;
- reconsider repealing article 377 of the Penal Code, or reading down the article so that it is not interpreted to criminalise consensual relations between adults
II. Excerpts from input reports
National report
XII. Groups in need of special protection
– Socially marginalised groups
121. In FY 2012-13, the GOB has allocated Taka 167.5 millions to the Ministry of Social Welfare for promoting the well-being of the trans-gendered people [Recommendation 27], the gypsies and others. The GOB has sustained and focused HIV/ AIDS intervention programme for commercial sex workers, men who have sex with men and injecting drug users. The GOB is working with NGOs to sensitise the wider section of the populations about the rights of the socially marginalized groups.
Compilation of UN information
There were no references to sexual orientation or gender identity.
Summary of stakeholders’ information
4. Right to privacy, marriage and family life
40. JS3, JS10, GHRD and CHRI recommended repealing Article 377 of the Penal Code, which criminalizes sexuality against the ‘order of nature’ and “decriminalize same-sex activity between consenting adults” and adopt further measures to promote tolerance in this regard. JS3 and JS10 noted that gender and sexual minorities lack legal recognition and protection and face social marginalization and recommended to acknowledge and accept the existence of the sexual and gender minorities.
III. References to SOGI during the Working Group review
51. The United States of America commended women’s participation in Government and the National Human Rights Commission acknowledgment that all individual, including LGBT, should be protected from discrimination. While appreciating Bangladesh willingness to address workers’ safety and rights, it urged to improve workers’ conditions. It was concerned by political violence and impunity in the security forces.
IV. Conclusions and/or recommendations
131. The recommendations listed below did not enjoy the support of Bangladesh:
131.2. Consider repealing article 377 of the Criminal Code (Chile).
V. Adoption of the Report
The draft report of the Working Group was adopted at the 24th session of the Human Rights Council in September 2013.
Response of the State under review
The head of delegation stated that they have not been able to accept 5 recommendations. Bangladesh’s consideration of these recommendations needs to be contextualized within the parameters of existing social, cultural and religious norms and reality in the ground. He noted that they could not accept these recommendations as they are in conflict with their constitutional, legal provisions, or deeply rooted socio-cultural values. Bangladesh considers that the laws of the land should be in conformity with the prevalent socio-cultural norms and values of the country. Activities subject to the concerned Article in the Penal Code as mentioned in recommendation 131.5 are not a generally accepted norm in the country.
Comments by States and other stakeholders
The Russian Federation welcomed the government willingness to support the institution of the family.
Action Canada for Population and Development and the Sexual Rights Initiative appreciated the government’s willingness to improve laws and policies to eliminate discrimination against women and hoped this would include lesbian and transgender women. It was disappointed by the rejection of the recommendation to consider repealing section 377 of the Penal Code. It noted that this provision was invoked by law enforcement agencies to harass and incite violence against Hijra, Kothi and LGBT identified communities. It recommended that Bangladesh: repealing section 377; incorporate issue of sexual and gender non-conforming persons into its national AIDS policy and strategy plans.
ILGA and Boys of Bangladesh appreciated that the government has recognized the existence of the LGBTI population during the UPR working group session. However, it regretted that Bangladesh had rejected the recommendation to abolish Section 377. It asked that the Government proactively stop intolerant groups from making inflammatory homophobic remarks, which have often resulted in violence towards LGBT community and take concrete steps to implement the recommendations to protect all people regardless of sexual orientation or gender identity.
VI. Further information
UPR Documentation