I N T E G R AT I N G A G E N D E R P E R S P E C T I V E I N T O H U M A N R I G H T S I N V E S T I G AT I O N S • G U I D A N C E A N D P R A C T I C E
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example, if maternal mortality increases, the
team might consider this a sad fact of life rather
than a direct consequence of a conflict or a
possible matter of discrimination – where duty
bearers may have failed to provide access to
required reproductive health-care services, for
example. As a consequence, investigations and
documentation of violations might fail to include
all the relevant elements needed for a gender
analysis. Hence the importance of training the
investigation team to undertake gender-sensitive
information-gathering and analysis.
Gathering information about human rights
violations against LGBTI persons might also entail
specific challenges. United Nations and other
stakeholders have documented how persons have
been specifically targeted by state and non-state
actors in conflict settings as a result of their actual
or perceived sexual orientation or gender identity,
including for being seen to transgress entrenched
gender norms. Still, LGBTI persons in contexts of
conflict are often neglected and violations against
them underreported. Efforts should be made to
actively seek information on the situation of LGBTI
persons, including through organizations that
protect their rights, while ensuring confidentiality
and the safety of the persons concerned. Limited
information currently exists on the situation of
intersex persons in conflict settings, who may also
face additional risks of vulnerabilities.36
Example
“The Commission found that in general,
women were more reluctant to come forward
and speak for fear of their own safety as
well as that of their families, lack of time,
perceived inability to access interview
locations, perceived lack of interest in
their experiences and a general hesitation
to disclose these … By far, however, the
biggest challenge to interview women was
the fear for the safety of their families as
they believed that their conduct was being
clandestinely monitored by [the] authorities
and were terrified for any person to know
they had spoken with the Commission.”
(A/HRC/29/CRP.1, para. 46)
Example
“Men were tortured and raped on the
grounds of their sexual orientation at
government checkpoints ... In 2011, six
homosexual men were beaten viciously
with electric cables by security agents and
threatened with rape.
(A/HRC/25/65, para. 67)
In October 2013, a 26-year-old man was
detained on the grounds of his sexual
orientation. He was beaten and hung by his
arms from a ceiling …”
(A/HRC/25/65, para. 70)
“The Commission understood that in the
cultural setting in which women perceived
themselves and their experiences to be
of lesser significance to men, it would be
important to have special days for women.
The Commission noted that towards the end
of the Commission’s investigation phase, as
trust and confidence in the Commission’s
work had grown, many more women
indicated their willingness to be interviewed,
but due to the Commission’s compressed
timeline this was no longer possible.”
(A/HRC/29/CRP.1, para. 47)
See Nishin Nathwani, Protecting Persons with Diverse Sexual
Orientations and Gender Identities: A Global Report on
UNHCR’s Efforts to Protect Lesbian, Gay, Bisexual, Transgender,
and Intersex Asylum-Seekers and Refugees (Geneva, United
Nations High Commissioner for Refugees, 2015).
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