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 II 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). 36 28

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