性少数人群与就业：在中国、菲律宾和泰国基于性取向、性别认同与表达以及性征而出现的歧视（英文版）.pdf

LGBTI PEOPLE AND EMPLOYMENT BASED ON SEXUAL ORIENTATION, GENDER IDENTITY AND EXPRESSION, AND SEX CHARACTERISTICS IN CHINA, THE PHILIPPINES AND THAILANDDiscrimination2Proposed citation:UNDP, ILO (2018). LGBTI People and Employment: Discrimination Based on Sexual Orientation, Gender Identity and Expression, and Sex Characteristics in China, the Philippines and Thailand.The views expressed in this publication are those of the authors and do not necessarily represent those of the United Nations, including UNDP, or UN Member States.UNDP partners with people at all levels of society to help build nations that can withstand crisis, and drive and sustain the kind of growth that improves the quality of life for everyone. On the ground in more than 170 countries and territories, we offer global perspective and local insight to help empower lives and build resilient nations.Copyright UNDP 2018United Nations Development Programme Bangkok Regional HubUnited Nations Service Building, 3rd Floor Rajdamnern Nok Avenue, Bangkok 10200, Thailand Email: registry.thundpTel: +66 (0)2 304-9100Fax: +66 (0)2 280-2700Web: asia-pacific.undp/LGBTI People and EmploymentDiscrimination Based on Sexual Orientation, Gender Identity and Expression, and Sex Characteristics in China, the Philippines and ThailandContentForeword 5Acknowledgements 6Acronyms and Abbreviations 7Executive summary 91. Introduction 122. Research methodology 132.1 Desk review 142.2 Quantitative data collection 142.3 Qualitative data collection 172.4 Limitations of the study 183. Overview of LGBTI inclusion in the workplace 203.1 LGBTI people and workplace discrimination 213.2 The international development of LGBTI rights 233.3 Regional context 253.4 Legal and policy environment on LGBTI employment discrimination in China, the Philippines and Thailand263.4.1 China 283.4.2 Philippines 313.4.3 Thailand 333.5 The role of the private sector 353.6 Examples of positive initiatives 364. LGBTI peoples experiences of discrimination in the workplace 404.1 Diverse LGBTI workforce 414.2 Finding jobs 444.3 Workplace climate and discrimination experienced 464.4 Vulnerable groups among LGBTI people 504.5 Level of openness, satisfaction with current job and consideration of leaving the workplace514.6 Little recourse to redress discrimination 534.7 Where policies are in place, they have a positive impact 545. Regional and national dialogues 575.1 Regional dialogues 585.2 National dialogues 596. Recommendations 65Bibliography 69Appendices 74Appendix A: Terminology 75Appendix B: Online survey 77Appendix C: Executive Dialogues and National Discussions participant profiles (October 2015March 2016)895Systemic stigma and discrimination based on sexual orientation, gender identity and expression, and sex characteristics (SOGIESC) make lesbian, gay, bisexual, transgender, and intersex (LGBTI) people among the most marginalized populations in the Asia-Pacific region. One of the contexts where discrimination is often felt is the workplace, where throughout the employment cycle from recruitment to performance evaluation and career development LGBTI people face barriers to decent work that result in social exclusion, persistent poverty, and poor health outcomes. Lesbian and gay and bisexual people often experience discrimination in the workplace that includes lower income and fewer work benefits compared to their counterparts. For transgender people, employment discrimination often prevents them from accessing formal employment and pushes them to work in sub-standard labour conditions. Intersex people can experience marginalization as they are left out from laws and policies that protect against employment discriminationThe employment discrimination that LGBTI people face represents a fundamental challenge to achieving the 2030 Agenda for Sustainable Developments commitment of leaving no one behind. In this light, addressing employment discrimination is therefore a crucial step in achieving a number of Sustainable Development Goals (SDGs), including gender equality (SDG 5), decent work (SDG 8), and reducing inequalities (SDG 10). This report looks into SOGIESC-based employment discrimination in China, the Philippines and Thailand by analysing qualitative and quantitative data gathered from national dialogues with government, civil society, private sector, academia and other development partners. Through its strong partnership Forewordplatform, the United Nations Development Programme (UNDP) has worked with a broad range of stakeholders, including the International Labour Organization (ILO) and The Economist Events, to examine challenges and good practices on workplace diversity and inclusion, as well as to develop recommendations on supporting national governments and improving labour laws and policies to be inclusive of people with diverse SOGIESC. Access to decent work forms an essential part of LGBTI peoples lives and is deeply intertwined with their socio-economic empowerment and ability to participate in the public sphere. Along with government and civil society, the private sector has a critical role in advancing inclusive development. UNDP remains committed to working closely with national governments, civil society partners, and the private sector to ensure social inclusion in the workplace for LGBTI people.The UNDP Strategic Plan 20182021, which aims to help countries achieve the 2030 Agenda for Sustainable Development, affirms that reducing gender inequalities and empowering vulnerable groups are vital to achieving the SDGs. It is within the context of this plan that this report is aimed at empowering LGBTI civil society and informing legal, policy and social changes that lead to diversity and inclusivity in the workplace.Jaco CilliersChief Policy and Programme SupportUNDP Bangkok Regional HubLGBTI PEOPLE AND EMPLOYMENT6Embargoed until 27 June at 8 AM Bangkok timeAcknowledgementsThe LGBTI People and Employment: Discrimination Based on Sexual Orientation, Gender Identity and Expression, and Sex Characteristics in China, the Philippines and Thailand report was developed by UNDP and ILO to examine the extent and forms of discrimination based on sexual orientation, gender identity or expression, and sex characteristics (SOGIESC). The author of this report is Professor Suen Yiu Tung, The Chinese University of Hong Kong. Busakorn Suriyasarn is the contributing author, and Andy Quan and Angel Treesa Roni, Research Assistant, UNDP Bangkok Regional Hub edited the report.Sirinapha Jittimanee, Fonthip Kongboonkeaw, Myat Min, Jawying Lyster, UNDP Bangkok Regional Hub prepared the online survey data base and conducted initial data analysis of the survey results. Katri Kivioja, Programme Specialist provided guidance on the analysis and interpretation of the findings.Special thanks to Kofi Amekudzi, Senior Technical Specialist, ILO (Geneva) and Richard Howard, Senior Policy Advisor (Bangkok) for their guidance and technical inputs and Vivek Divan for providing a technical review. The reporting team would like to acknowledge and thank all the private sector organizations, government departments and community groups that participated in the executive dialogues and national discussions, and which provided technical inputs, valuable insights and substantive contributions to this report. (See Annex C)Edmund Settle, Policy Advisor, Katri Kivioja, Programme Specialist, and Chun Yin Lee, Project Officer on Private Sector and LGBTI Inclusion, UNDP Bangkok Regional Hub; James Yang, UNDP China; Fe Cabral, UNDP Philippines; and Suparnee Jay Pongruengphant, UNDP Thailand managed the development of this report.The development of the report was supported by UNDP through the Being LGBTI in Asia programme, a regional programme aimed at addressing inequality, violence and discrimination on the basis of sexual orientation, gender identity and expression, and intersex status, which promotes universal access to health and social services. It is a collaboration between governments, civil society, regional institutions and other stakeholders to advance the social inclusion of lesbian, gay, bisexual, transgender and intersex (LGBTI) people. The programme recognizes that LGBTI people are highly marginalized and face varied forms of stigma and discrimination based on their distinct sexual orientations and gender identities and expressions. The programme is supported by UNDP, the Embassy of Sweden in Bangkok, the U.S. Agency for International Development (USAID), the Australian Department of Foreign Affairs and Trade, and the Faith in Love Foundation (Hong Kong).7Acronyms and abbreviationsACWF All-China Womens Federation (China)ADO Anti-Discrimination Ordinance (Philippines)AFP Armed Forces of the PhilippinesAHRD ASEAN Human Rights DeclarationBPO Business processing outsourcing (industry)CHR Commission on Human Rights (Philippines)CSC Civil Service Commission (Philippines)CSR Corporate Social ResponsibilityCSS Civil Servant System (Thailand)CESCR Committee on Economic, Social and Cultural Rights (United Nations)ESCAP Economic and Social Commission for Asia and the Pacific (United Nations)GSIS Government Service Insurance System (Philippines)ICESCR International Covenant on Economic, Social and Cultural Rights IDAHOT International Day Against Homophobia, Transphobia and BiphobiaILGA International Lesbian, Gay, Bisexual, Trans and Intersex AssociationIGLHRC International Gay and Lesbian Human Rights Commission (now Outright Action International)ILO International Labour OrganizationINGO International Non-Governmental OrganizationIRR Implementing Rules and Regulations (Philippines)LBT Lesbian, bisexual and transgender LGBT Lesbian, gay, bisexual and transgender LGBTI Lesbian, gay, bisexual, transgender and intersexMSM Men who have sex with menMOHRSS Ministry of Human Resources and Social Security (China)MOL Ministry of Labour (Thailand)MSDHS Ministry of Social Development and Human Security (Thailand)NAPOLCOM National Police Commission (Philippines)NGO Non-governmental organizationNHRC National Human Rights Commission (Thailand)NHRI National Human Rights InstitutionNHSP National Health Security Program (Thailand)NSWPC National Social Welfare Promotion Commission (Thailand)OHCHR Office of the High Commissioner for Human Rights PESO Public Employment Service Office (Philippines)PFIP Philippine Financial Industry PRIDEPHP Philippine peso (currency)PHRC Presidential Human Rights Committee (Philippines)PNP-HRAO Philippine National Police Human Rights Affairs OfficePRIDE Promoting Rights, Diversity and Equality in the World of Work (ILO)8PSLINK Public Services Labor Independent Confederation (Philippines)RMA Rainbow Media Award (China)RMB Ren Min Bi (currency, China)RSAT Rainbow Sky Association of ThailandSAIC State Administration Industry and Commerce (China)SDGs Sustainable Development GoalsSOGI Sexual orientation and gender identitySOGIE Sexual orientation, gender identity or expressionSOGIESC Sexual orientation, gender identity or expression, and sex characteristicsSSS Social Security System (Philippines, Thailand)Sor Tor Por Gender Equality Promotion Committee (Thailand)STIs Sexually Transmitted InfectionsTEA Togetherness for Equality and Action (Thailand)THB Thai baht (currency)UDHR Universal Declaration of Human RightsUHC Universal health coverage (Thailand)UN United NationsUNDP United Nations Development ProgrammeUSAID United States Agency for International DevelopmentWAFD Department of Womens Affairs and Family Development (Thailand)Wor Lor Por Committee on Consideration of Unfair Gender Discrimination (Thailand)WAFD Department of Womens Affairs and Family Development (Thailand)Wor Lor Por Committee on Consideration of Unfair Gender Discrimination (Thailand)9Executive summary1 UN (2016). Sustainable Development Goals (SDGs). Available at: undp/content/undp/en/home/sustainable-development-goals.htmlAchieving decent work for all is one of the 17 Sustainable Development Goals (SDGs)1and an important component of the post-2015 development agenda. This agenda has equality and non-discrimination at its heart and a commitment to “leave no one behind.” However, employment discrimination is a major obstacle to achieving this goal. LGBTI People and Employment: Discrimination based on sexual orientation, gender identity and expression, and sex characteristics in China, the Philippines and Thailand is the first systematic study to examine the extent and forms of discrimination based on sexual orientation, gender identity or expression, and sex characteristics (SOGIESC) in China, the Philippines and Thailand. Sexual orientation relates to sexual attraction to one or more genders. Gender identity and expression relates to how a person identifies or expresses themself (or not) in relation to gender. Sex characteristics relate to anatomical and physical features of a person, and are usually discussed in relation to people who are intersex. The study was mixed method and included a desk review of existing studies on the subject in the three countries, a review of quantitative data collected through online surveys with 1,571 respondents in China, the Philippines and Thailand, and qualitative data gathered from national discussions with 151 participants representing various stakeholders.Lesbian, gay, bisexual, transgender and intersex (LGBTI) people in China, the Philippines and Thailand do not have adequate legal protection from discrimination in the workplace. Among the three countries in this study, only Thailand has a national law, the Gender Equality Act B.E. 2558 (2015), that provides protection against discrimination based on gender expression, although it is still unclear whether this also covers sexual orientation, gender identity and sex characteristics. In the Philippines, some limited legal protection for LGBT people exists at the local level. Local ordinances protecting people against discrimination based on sexual orientation and/or gender identity, along with other grounds, only exist in 5 provinces, 15 cities, 1 municipality and 3 barangays (villages), covering 10 percent of the population. In both countries, implementation regulations are inadequate, and existing laws and ordinances that ban employment-related discrimination and harassment are not widely known or implemented, or contradict other laws or policies. China does not have national laws that provide specific protections to LGBTI people against discrimination in general or in the workplace. Relevant progress in China has so far been focused on the removal of homosexuality from the official list of mental illnesses and legal gender recognition for transgender people subject to restrictive requirements. Intersex people are not mentioned in Chinas laws.Quantitative data was collected through online surveys with 1,571 respondents in China, the Philippines and Thailand. Survey results indicated that LGBTI people who work in Asia a