Implementing the Council of Europe’s Recommendation on LGBT rights

1. Implementing the Council of Europe’s Recommendation on LGBT rights

2. Committee of Ministers Recommendation • World’s first comprehensive inter-governmental agreement on LGBT rights • Extensive inclusion of g.i. issues • Sets out measures which states should take to ensure that agreed rights are enjoyed • In so doing, effectively codifies these rights • Provides comprehensive advocacy tool for use in persuading governments to implement LGBT rights

3. Objectives of project • Contribute to the effective monitoring of implementation by member states of the Recommendation • Increase capacity of LGBT organisations to carry out evidence-based advocacy in Europe, particularly in relation to the implementation of the recommendation

4. Target countries • 20 grants –up to 10k euros (also to 15k for larger countries )- not more than one per country • Preference for qualifying applications from 13 non-EU Council of Europe member states from CEE/South Caucasus (Albania, Armenia, Azerbaijan, Bosnia, Croatia, Macedonia, Georgia, Moldova, Montenegro, Russia, Serbia, Turkey, Ukraine) • Plus a minimum of 7 grants for other countries which clearly demonstrate the relevance of the project to the needs of their LGBTI community

5. Target organisations • Must be LGBTI, or LGBTI group within a larger organisation • Encouraged to consider forming partnerships with other organisations to bring necessary expertise to the project. • Must cover trans issues.

6. Activity 1: Documentation • In 2012, document extent to which Recommendation remains to be implemented • Using ILGA Europe methodology/timetable • Results in country report to government and Council of Europe • Summary report by ILGA Europe to Council of Europe • Timetable determined by Council of Europe review in March 2013 • Training to be provided by ILGA Europe

7. Activity 2:National level advocacy campaign • In 2013, advocacy campaigns aimed at persuading member states to fill the gaps identified • Based on your own advocacy plans and priorities • Training in advocacy planning by ILGA Europe

8. Activity 1:Documentation methodology Checklist structured in the form of a Documentation Report. Standard format of report contains: • The text of the Recommendation • List of actions member states need to take to comply conscientiously, either: • Introduction of specific so / gi legislation • Application of general laws to LGBTI people • Introduction of non-legal policy measures

9. Sources of information on whether measures implemented • Specific legislation: Hammarberg/FRA reports, plus legislation review (especially updates) • Application of existing general laws: information from your own records, or those of other LGBTI organisations • Non-legal policy measures: letters to ministries plus other information you have.

10. Fourth category of information:Evidence! • If there are measures, have they been effective? • If there are no measures, evidence of why needed Types of evidence: • Survey statistics • Individual cases or examples

11. Sources for this evidence • Your organisation’s records of human rights violations • Database/records of other organisations in your country • Records of lawyers • Reports by your organisation or other organisations, including FRA/Hammarberg reports • Credible media reports

12. How detailed should this evidence be? • Recommendation covers a huge range of issues • Impossible to document all these in depth • Be pragmatic – try for 3 or 4 examples per issue. • + Statistics that you have • Inevitably there will be gaps.

13. What should the evidence try to demonstrate? • In a nutshell – demonstrate failure of authorities to take effective measures to protect LGBTI people from discrimination e.g., the failure of police or judiciary public prosecution service to take homophobic or transphobic crimes seriously

14. Additional research • If you wish, you can apply part of the grant to additional research in a particular area. • Not obligatory • But resource and time implications

15. Documentation phase –report preparation • Summary • The Documentation Report in ILGA Europe format • Annexes containing detailed information, e.g. About individual cases, ministries replies (or not) to letters. In both your own language and English or French Deadline: 31 August 2012

16. Activity 2 – advocacy • Preliminary advocacy plan submitted as part of application • Develop further at a later stage • ILGA Europe will provide training • ILGA Europe will conduct parallel campaign at European level

17. Allocating resources between documentation and advocacy activities • Effort required for documentation campaign will depend on existing sources of information. • You must decide on how much to allocate to each • Present separately in the budget

18. Timetable

19. Conditions for grants • Documentation methodology must be followed • Must cover both sexual orientation and gender identity • Report deadline of 31 August 2012 • Recommendation and checklist must be translated into national language • Reports must be prepared in both national language plus English/French • Representative of your organisation must attend all trainings and a Council of Europe visit