Friday 19 December 2008

History in making: 66 countries, including Armenia, signed a joint UN statement against discrimination based on sexual orientation and gender identity

18 December 2008

Sixty-six countries signed a joint statement in support of LGBT human rights, which was tabled at the United Nations General Assembly today.

Armenia was the first country in the South Caucasus and broader region to endorse the statement. In a welcome move, Georgia then joined in too. Russia, Turkey and Azerbaijan did not endorse it.

Not surprisingly, there is no US signature there. As far as I understand, this statement is open and in time other countries may join in too. So hopefully Obama's new US administration will follow its promises and sign it.

The 66 countries that signed the joint UN statement for LGBT human rights are:

Albania, Andorra, Argentina, Armenia, Australia, Austria, Belgium, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Canada, Cape Verde, Central African Republic, Chile, Colombia, Croatia, Cuba, Cyprus, Czech Republic, Denmark, Ecuador, Estonia, Finland, France, Gabon, Georgia, Germany, Greece, Guinea-Bissau, Hungary, Iceland, Ireland, Israel, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Mauritius, Mexico, Montenegro, Nepal, Netherlands, New Zealand, Nicaragua, Norway, Paraguay, Poland, Portugal, Romania, San Marino, Sao Tome and Principe, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, the former Yugoslav Republic of Macedonia, Timor-Leste, United Kingdom, Uruguay, and Venezuela.

The UN statement, which includes a call for the decriminalisation of homosexuality worldwide, was read by Argentina.

For more details on this statement, read my previous post here: http://gayarmenia.blogspot.com/2008/12/armenia-endorses-historic-un-statement.html

"This was history in the making. Totally ground-breaking. It is the first time that the UN General Assembly has been presented with a statement in support of lesbian, gay, bisexual and transgender (LGBT)human rights. Securing this statement at the UN is the result of an inspiring collective global effort by many LGBT and human rights organisations. Our collaboration, unity and solidarity have won us this success," said Peter Tatchell of the British LGBT human rights movement, OutRage!, which lobbied for countries to support the statement.

"To decriminalise homosexuality worldwide is a battle for human rights," added Louis-Georges Tin, the President and founder of the International Day Against Homophobia (IDAHO), which in 2006 initiated the global campaign to end the criminalisation of same-sex relationships and secured the support of dozens of international public figures, ranging from Nobel Prize winners to writers, clergy,actors, musicians and academics."IDAHO has worked hard for two years to promote this issue. For us,this is a great achievement. I want to thank the many other people and organisations who have worked with us since the beginning, and more recently. I also want to remind everyone that ending the criminalisation of same-sex love will be a long, hard battle. To love is not a crime".

"IDAHO expresses its particular appreciation to the French Secretary of State for human rights, Ms Rama Yade, for her role in organising this statement and bringing it to the UN," said Mr Tin.

Mr Tatchell added:

"The original initiative for the universal decriminalisation of homosexuality campaign came from the inspiring French black activist and gay rights campaigner, Louis-Georges Tin, coordinator of the International Day Against Homophobia (IDAHO). He lobbied the French government, which agreed to take the lead in organising the presentation of the statement at the UN.

"As well as IDAHO, I pay tribute to the contribution and lobbying of Amnesty International; ARC International; Center for Women's Global Leadership; COC Netherlands; Global Rights; Human Rights Watch; International Committee for IDAHO (the International Day Against Homophobia); International Gay and Lesbian Human Rights Commission (IGLHRC); International Lesbian, Gay, Bisexual, Transgender and Intersex Association (ILGA); International Service for Human Rights; Pan Africa ILGA; and Public Services International.

"The UN statement goes much further than seeking the decriminalisation of same-sex acts. It condemns all human rights violations based on sexual orientation and gender identity, urges countries to protect the human rights of LGBT people and to bring to justice those who violate these rights, and calls for human rights defenders who oppose homophobic and transphobic victimisation to be allowed to carry out their advocacy and humanitarian work unimpeded.

"Although not binding on the member states, this UN statement of principle has immense symbolic value, given the six decades in which homophobic and transphobic persecution has been ignored by the UN General Assembly.

Background briefing:

On May 17 2006, the International Day Against Homophobia (IDAHO), the IDAHO Committee launched a campaign « for the universal decriminalisation of homosexuality », and published a list of the first signatories, which include several Nobel Prize winners: (Desmond Tutu, Elfriede Jelinek, José Saramago, Dario Fo, Amartya Sen), entertainers (Merryl Streep, Victoria Abril, Cyndi Lauper, Elton John, David Bowie), intellectuals (Judith Butler, Noam Chomsky, Bernard-Henri Lévy), and humanitarian organisations like ILGA, Aids International and the FIDH.

On IDAHO 2008 (17 May this year) the French government announced that it would bring a LGBT human rights statement to the General Assembly of the United Nations. The text was read today in New York, and was supported by 66 countries in the world, and it clearly inscribes sexual orientation and gender identity as human rights.

4 comments:

artmika said...

There was also a 'rival' statement, backed by around 60 states, including members of the Organization of the Islamic Conference, read by Syria.

Below are reports by Reuters and AP.

U.N. divided over gay rights declaration

UNITED NATIONS (Reuters) - The U.N. General Assembly split over the issue of gay rights on Thursday after a European-drafted statement calling for decriminalization of homosexuality prompted an Arab-backed one opposing it.

Diplomats said a joint statement initiated by France and the Netherlands gathered 66 signatures in the 192-nation assembly after it was read out by Argentina at a plenary session. A rival statement, read out by Syria, gathered some 60.

The two statements remained open for further signatures, the diplomats said. No resolution was drafted on the issue and there was no voting, they added.

The division in the General Assembly reflected conflicting laws in the world at large. According to sponsors of the Franco-Dutch text, homosexuality is illegal in 77 countries, seven of which punish it by death.

The European Union-backed document, noting that the 60th anniversary of the Universal Declaration of Human Rights was marked this month, said those rights applied equally to all people, regardless of sexual orientation or gender identity.

It urged states "to take all the necessary measures, in particular legislative or administrative, to ensure that sexual orientation or gender identity may under no circumstances be the basis for criminal penalties, in particular executions, arrests or detention."

But the opposing document said the statement "delves into matters which fall essentially within the domestic jurisdiction of states" and could lead to "the social normalization, and possibly the legitimization, of many deplorable acts including pedophilia."

"We note with concern the attempts to create 'new rights' or 'new standards,' by misinterpreting the Universal Declaration and international treaties to include such notions that were never articulated nor agreed by the general membership," it added.

This, it said, could "seriously jeopardize the entire international human rights framework."

Muslim countries have for years opposed international attempts to legalize homosexuality.

U.S. officials said the United States had not signed either document. They said the broad framing of the language in the statement supporting decriminalization created conflicts with U.S. law, but gave no further details.

But Dutch Foreign Minister Maxime Verhagen told reporters it was a "very special day at the U.N."

"For the first time in history a large group of member states speaks out in the General Assembly against discrimination based on sexual orientation," he said. "With today's statement, this is no longer a taboo within the U.N."

Syrian Ambassador Bashar Ja'afari told reporters sponsors of the statement had "cornered" other members by springing the declaration on them.
***

US balks at backing condemnation of anti-gay laws

UNITED NATIONS (AP) — Alone among major Western nations, the United States has refused to sign a declaration presented Thursday at the United Nations calling for worldwide decriminalization of homosexuality.

In all, 66 of the U.N.'s 192 member countries signed the nonbinding declaration — which backers called a historic step to push the General Assembly to deal more forthrightly with any-gay discrimination. More than 70 U.N. members outlaw homosexuality, and in several of them homosexual acts can be punished by execution.

Co-sponsored by France and the Netherlands, the declaration was signed by all 27 European Union members, as well as Japan, Australia, Mexico and three dozen other countries. There was broad opposition from Muslim nations, and the United States refused to sign, indicating that some parts of the declaration raised legal questions that needed further review.

"It's disappointing," said Rama Yade, France's human rights minister, of the U.S. position — which she described as in contradiction with America's long tradition as a defender of human rights.

According to some of the declaration's backers, U.S. officials expressed concern in private talks that some parts of the declaration might be problematic in committing the federal government on matters that fall under state jurisdiction. In numerous states, landlords and private employers are allowed to discriminate on the basis of sexual orientation; on the federal level, gays are not allowed to serve openly in the military.

Carolyn Vadino, a spokeswoman for the U.S. mission to the U.N., stressed that the United States — despite its unwillingness to sign — condemned any human rights violations related to sexual orientation.

Gay rights activists nonetheless were angered by the U.S. position.

"It's an appalling stance — to not join with other countries that are standing up and calling for decriminalization of homosexuality," said Paula Ettelbrick, executive director of the International Gay and Lesbian Human Rights Commission.

She expressed hope that the U.S. position might change after President-elect Barack Obama takes office in January.

More than 50 countries opposed to the declaration, including members of the Organization of the Islamic Conference, issued a joint statement Thursday criticizing the initiative as an unwarranted attempt to give special prominence to gays and lesbians. The statement suggested that protecting sexual orientation could lead to "the social normalization and possibly the legalization of deplorable acts" such as pedophilia and incest.

The declaration also has been opposed by the Vatican, a stance which prompted a protest in Rome earlier this month.

A Vatican spokesman, the Rev. Federico Lombardi, said the Roman Catholic Church opposed the death penalty and other harsh repression of gays and lesbians, but he expressed concern that the declaration would be used as pressure against those who believe marriage rights should not be extended to gays.

A new Vatican statement, issued Thursday, endorsed the call to end criminal penalties against gays, but said that overall the declaration "gives rise to uncertainty in the law and challenges existing human norms."

The European nations backing the declaration waged their campaign in conjunction with the 60th anniversary of the Universal Declaration of Human Rights.

The Dutch foreign affairs minister, Maxime Verhagen, said countries which endorsed that 1948 document had no right to carve out exceptions based on religion or culture that allowed discrimination against gays.

"Human rights apply to all people in all places at all times," he said. "I will not accept any excuse."

He acknowledged that the new declaration had only symbolic import, but said it marked the first time such a large number of nations had raised the cause of gay rights in the context of General Assembly proceedings.

"This statement aims to make debate commonplace," he said. "It is not meant to be a source of division, but to eliminate the taboo that surrounds the issue."

Although the declaration's backers were pleased that nations on six continents had signed it, there were only two from Asia and four from Africa.

artmika said...

Human Rights Watch

UN: General Assembly Statement Affirms Rights for All

66 States Condemn Violations Based on Sexual Orientation and Gender Identity

December 18, 2008

(New York, December 18, 2008) - In a powerful victory for the principles of the Universal Declaration of Human Rights, 66 nations at the UN General Assembly today supported a groundbreaking statement confirming that international human rights protections include sexual orientation and gender identity. It is the first time that a statement condemning rights abuses against lesbian, gay, bisexual, and transgender people has been presented in the General Assembly.

The statement drew unprecedented support from five continents, including six African nations. Argentina read the statement before the General Assembly. A cross-regional group of states coordinated the drafting of the statement, also including Brazil, Croatia, France, Gabon, Japan, the Netherlands, and Norway.

The 66 countries reaffirmed "the principle of non-discrimination, which requires that human rights apply equally to every human being regardless of sexual orientation or gender identity." They stated they are "deeply concerned by violations of human rights and fundamental freedoms based on sexual orientation or gender identity," and said that "violence, harassment, discrimination, exclusion, stigmatization and prejudice are directed against persons in all countries in the world because of sexual orientation or gender identity."

The statement condemned killings, torture, arbitrary arrest, and "deprivation of economic, social and cultural rights, including the right to health." The participating countries urged all nations to "promote and protect human rights of all persons, regardless of sexual orientation and gender identity," and to end all criminal penalties against people because of their sexual orientation or gender identity.

According to calculations by ILGA (the International Lesbian, Gay, Bisexual, Transgender and Intersex Association) and other organizations, more than six dozen countries still have laws against consensual sex between adults of the same sex. The majority of these laws were left behind by colonial rulers. The UN Human Rights Committee, which interprets the International Covenant on Civil and Political Rights (ICCPR), a core UN treaty, held in a historic 1994 decision that such laws are rights violations - and that human rights law forbids discrimination based on sexual orientation.

Human rights violations based on sexual orientation and gender identity happen regularly around the world. For example:

In the United States, Amnesty International has documented serious patterns of police abuse against lesbian, gay, bisexual, and transgender people, including incidents amounting to torture and ill-treatment. The United States refused to sign the General Assembly statement.

In Egypt, Human Rights Watch documented a massive crackdown on men suspected of homosexual conduct between 2001-2004, in which hundreds or thousands of men were arrested and tortured. Egypt actively opposed the General Assembly statement.

The International Gay and Lesbian Human Rights Commission has documented how, in many African countries, sodomy laws and prejudice deny rights protections to Africans engaged in same-sex practices amid the HIV/AIDS pandemic - and can actually criminalize outreach to affected groups.

The signatories overcame intense opposition from a group of governments that regularly try to block UN attention to violations based on sexual orientation and gender identity. Only 60 states signed an alternative text promoted by the Organization of the Islamic Conference. While affirming the "principles of non-discrimination and equality," they claimed that universal human rights did not include "the attempt to focus on the rights of certain persons."

At first, the Holy See had voiced strong opposition to the General Assembly statement. Its opposition sparked severe criticism by human rights defenders worldwide. In a significant reversal, however, the Holy See indicated to the General Assembly today that it called for repeal of criminal penalties for homosexual conduct.

This year is the 60th anniversary of the Universal Declaration of Human Rights, and the General Assembly statement reaffirms the reach and breadth of UDHR principles. The statement is non-binding, but restates what UN human rights bodies have repeatedly said: that no one should face rights violations because of their sexual orientation and gender identity.

Navanetham Pillay, the UN high commissioner for human rights, strongly supported the statement. In a videotaped message, she cited South Africa's 1996 decision to protect sexual orientation in its Constitution. She pointed to the "task and challenge to move beyond a debate on whether all human beings have rights," to "secure the climate for implementation."

Since the Human Rights Committee's landmark decision in 1994, United Nations experts have repeatedly acted against abuses that target lesbian, gay, bisexual, and transgender people, including killings, torture, rape, violence, disappearances, and discrimination in many areas of life. UN treaty bodies have called on states to end discrimination in law and policy.

Other international bodies have also opposed violence and discrimination based on sexual orientation and gender identity, including the Council of Europe and the European Union. In 2008, all 34 member countries of the Organization of American States unanimously approved a declaration affirming that human rights protections extend to sexual orientation and gender identity.

Earlier in the day, the General Assembly also adopted a resolution condemning extrajudicial executions, which contained a reference opposing killings based on sexual orientation. Uganda moved to delete that reference, but the General Assembly rejected this by 78-60.

The signatories to the General Assembly statement are:

Albania, Andorra, Argentina, Armenia, Australia, Austria, Belgium, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Canada, Cape Verde, Central African Republic, Chile, Colombia, Croatia, Cuba, Cyprus, Czech Republic, Denmark, Ecuador, Estonia, Finland, France, Gabon, Georgia, Germany, Greece, Guinea-Bissau, Hungary, Iceland, Ireland, Israel, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Mauritius, Mexico, Montenegro, Nepal, Netherlands, New Zealand, Nicaragua, Norway, Paraguay, Poland, Portugal, Romania, San Marino, Sao Tome and Principe, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, the former Yugoslav Republic of Macedonia, Timor-Leste, United Kingdom, Uruguay, and Venezuela.

artmika said...

Worldfocus on Armenia’s endorsement of groundbreaking UN LGBT human rights statement

[…] Armenian blogger “Artmika” calls his country’s support of the decriminalization declaration “historic,” writing that it is the first time Armenia has set such an example. […]

artmika said...

Sources: US to sign UN gay rights statement