| For a summary of Bhutan’s review at the first cycle please click here. |
19th UPR session
Date of review: 30 April 2014
Date of report adoption: 1 July 2014
Document number: A/HRC/27/8
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SUMMARY SOGIESC issues during Bhutan’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
No references.
II. Excerpts on SOGIESC issues from the national report
56. The Ministry of Health has also revised its National Strategic Plan (2012-2016) to ensure health services are responsive to the needs of the vulnerable and marginalized group especially people living with HIV/AIDS, Men who have sex with Men, Commercial Sex Workers and Transgenders. This is aimed at promoting the rights of these individuals to access quality services related to HIV prevention, treatment, care and support. (Recommendation 30)
57. Additionally, the MoH has undertaken the following studies to understand the prevalence and spread of HIV/AIDS;
(a) Rapid Assessment on Stigma study for MSM and TG (2012-2013);
(b) Mapping and size estimation of MSM and TG (2012);
(c) KAPG Survey among migrant workers and among in and out of school youths (2012-2013);
(d) Surveillance in Mega Hydro Power Projects (2013).
58. Lhaksam, a CSO advocating for the rights of people living with HIV/AIDS was established in 2009. It has been effective in bringing the plight of this vulnerable group to the forefront and in countering societal stigma attached to the disease.
III. Excerpts on SOGIESC issues by UN agencies
Right to privacy, marriage and family life
25. In the country snapshot on HIV and men who have sex with men for Bhutan, December 2012, prepared by the United Nations Development Programme, the Joint United Nations Programme on HIV/AIDS and others, it was reported that there were criminal sanctions for consensual sex between male adults. Specifically, the Penal Code of 2004 criminalized sodomy or any other sexual conduct that was against the “order of nature”. Penalties included a prison sentence of up to one year. The National Strategic Plan II for Prevention and Control of STIs, HIV and AIDS in Bhutan, 2012–2016, called for review of article 213 of the Penal Code and the use of new guiding principles, many of which promoted enabling environments for men who have sex with men.
IV. References to SOGIESC issues during the Working Group review
88. Spain […] expressed concern about discrimination on grounds of sexual orientation
102. The United States of America […] voiced concern regarding the fact that laws and practices restricted religious freedom and that consensual sexual acts between adults of the same sex were criminalized. The United States made recommendations.
V. Conclusions and/or recommendations
Bhutan noted the following recommendations
120.40 Decriminalize sexual acts between consenting adults of the same sex (United States of America, France);
120.41 Proceed to the abolition of existing legislation criminalizing relations between persons of the same sex (Spain);
120.42 Consider amending legislation criminalizing relations between persons of the same sex (Argentina).
VI. Further information
You will find all documents relating to Bhutan’s second review at UPR-Info and OHCHR’s websites.