Shadow Reporting and Submissions

Kaleidoscope Australia Human Rights Foundation submits independent ‘shadow’ reports on the state of rights protection for sexual and gender minorities in countries in the Asia Pacific region to the various UN bodies that monitor compliance with the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), as well as for the UN Human Rights Council’s regular Universal Periodic Review of the human rights record of member nations.

For an explanation of why shadow reporting is important, please click here.

Shadow reports to UN Human Rights Committee

We have submitted three Shadow Reports to the UN Human Rights Committee related to the human rights record relating to sexual and gender minorities in Nepal and Cambodia (February 2014), Japan (June 2014),  Sri Lanka (September 2014) and South Korea (January 2015). DLA Piper is providing invaluable support in the research and writing of these and future shadow reports. Click on the links below to view these Shadow Reports:

Nepal Shadow Report, February 2014

Cambodia Shadow Report, February 2014

Japan Shadow Report, June 2014

Sri Lanka Shadow Report, September 2014

Republic of Korea (South Korea) Shadow Report,  January 2015

Shadow reports to UN Human Rights Council

We also submit shadow reports to the UN Human Rights Council as part of the Universal Periodic Review that takes place for each nation in the UN every five years. So far we have submitted shadow reports for UPRs of the Marshall Islands, Nauru, Nepal, Myanmar, Micronesia, Singapore, Palau, the Solomon Islands, Samoa, Thailand and Papua New Guinea:

Marshall Islands Shadow Report, August 2014

Nauru Shadow Report, March 2015

Nepal Shadow Report, March 2015

Myanmar Shadow Report, March 2015

Micronesia Shadow Report, March 2015

Singapore Shadow Report, June 2015

Palau Shadow Report, June 2015

Solomon Islands Shadow Report, June 2015

Samoa Shadow Report, September 2015

Thailand Shadow Report, September 2015 (in conjunction with the Sexual Rights Initiative)

Papua New Guinea Shadow Report, September 2015 (in conjunction with the Sexual Rights Initiative)

Shadow reports to UN Committee on Economic, Social and Cultural Rights

In addition, we are submitting shadow reports to the UN Committee on Economic, Social and Cultural Rights (CESCR). The CESCR looks at compliance with socio-economic rights, such as the right to health, education, housing, etc.  This allows us to raise awareness about some of the more substantive socio-economic barriers facing LGBTI people in the Asia-Pacific region. So far we have submitted two reports to the CESCR:

Thailand Shadow Report to the CESCR, April 2015

Mongolia Shadow Report to the CESCR, April 2015

Philippines (ICESCR List of Issues), August 2016

Pakistan Shadow Report to the CESCR, September 2016

Sri Lanka ICESCR Shadow Report, September 2016

Shadow reports to UN Committee on the Elimination of Discrimination against Women

We have also been submitting shadow reports to the UN Committee on the Elimination of Discrimination against Women (CEDAW). CEDAW is an expert body established in 1982,  composed of 23 experts on women’s issues from around the world, which watches over the progress for women made in those countries that are the States parties to the 1979 Convention and monitors the implementation of national measures to fulfill this obligation. So far we have submitted shadow reports for Japan and Vietnam to CEDAW:

Japan Shadow Report to the CEDAW, June 2015

Vietnam Shadow Report to the CEDAW, June 2015

Submissions relating to General Comments

The UN treaty committees from time to time issue publications known as ‘General Comments’ that provide definitive guidance to members states on how they should interpret and implement certain sections of human rights treaties. Of the 35 General Comments that the UN Human Rights Committee has published over the years only one has made any reference to sexual and gender minorities. In 2015 the Human Rights Committee indicated they would be issuing a general comment on the ‘Right to Life’ and invited submissions and Kaleidoscope Australia responded as follows:

Submission on General Comment for the Right to Life to the UN Human Rights Committee, June 2015

ILGA subsequently read out a statement at the UN Human Rights Committee session on the Right to Life, which was partly based on our submission. This is the text of their statement:

ILGA Oral Submission on Right to Life

We have also made the following submissions relating to General Comments drafted or proposed by the United Nations Committee on the Rights of the Child:

Submission on General Comment on Children in Street Situations to the UN Committee on the Rights of the Child, April 2016

Submission on Draft General Comment on the Implementation of the Rights of the Child during Adolescence, June 2016

Finally, we have made submissions relating to General Comments proposed by the United Nations Committee on Economic, Social and Cultural Rights:

Submission on Draft General Comment on State Obligations under the ICESCR in the Context of Business Activities, January 2017

Submissions to the Australia-Vietnam Human Rights Dialogue

Kaleidoscope has submitted a civil society report to the Australian Department of Foreign Affairs on the rights of LGBTI people in Vietnam, as part of the Australia-Vietnam Human Rights Dialogue. The Australia-Vietnam Human Rights Dialogue takes place annually between the Governments of Australia and Vietnam and represents an opportunity to raise human rights concerns and work towards implementing international human rights standards.

Submission to 13th Australia-Vietnam Human Rights Dialogue (June 2016)