UN Gen. Assembly Statement Affirms Rights for all
First ever statement on sexual orientation and gender identity at the UN General Assembly
19/12/2008
The statement read by Argentina and the counterstatement read by the Syrian Arab Republic that immediately followed can be seen respectively at 2:25:00 and at 2:32:00 in the video archived on the UN website and marked as “18 December 08 General Assembly: 70th and 71st plenary meeting – Morning session”.
We have the honour to make this statement on human rights, sexual orientation and gender identity on behalf of 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.
1 – We reaffirm the principle of universality of human rights, as enshrined in the Universal Declaration of Human Rights whose 60th anniversary is celebrated this year, Article 1 of which proclaims that “all human beings are born free and equal in dignity and rights”;
2 – We reaffirm that everyone is entitled to the enjoyment of human rights without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, as set out in Article 2 of the Universal Declaration of Human Rights and Article 2 of the International Covenants on Civil and Political, Economic, Social and Cultural Rights, as well as in article 26 of the International Covenant on Civil and Political Rights;
3 – We reaffirm the principle of non-discrimination which requires that human rights apply equally to every human being regardless of sexual orientation or gender identity;
4 – We are deeply concerned by violations of human rights and fundamental freedoms based on sexual orientation or gender identity;
5 – We are also disturbed that violence, harassment, discrimination, exclusion, stigmatisation and prejudice are directed against persons in all countries in the world because of sexual orientation or gender identity, and that these practices undermine the integrity and dignity of those subjected to these abuses;
6 – We condemn the human rights violations based on sexual orientation or gender identity wherever they occur, in particular the use of the death penalty on this ground, extrajudicial, summary or arbitrary executions, the practice of torture and other cruel, inhuman and degrading treatment or punishment, arbitrary arrest or detention and deprivation of economic, social and cultural rights, including the right to health;
7 – We recall the statement in 2006 before the Human Rights Council by fifty four countries requesting the President of the Council to provide an opportunity, at an appropriate future session of the Council, for discussing these violations;
8 – We commend the attention paid to these issues by special procedures of the Human Rights Council and treaty bodies and encourage them to continue to integrate consideration of human rights violations based on sexual orientation or gender identity within their relevant mandates;
9 – We welcome the adoption of Resolution AG/RES. 2435 (XXXVIII-O/08) on “Human Rights, Sexual Orientation, and Gender Identity” by the General Assembly of the Organization of American States during its 38th session in 3 June 2008;
10 – We call upon all States and relevant international human rights mechanisms to commit to promote and protect human rights of all persons, regardless of sexual orientation and gender identity;
11 – We urge 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.
12 – We urge States to ensure that human rights violations based on sexual orientation or gender identity are investigated and perpetrators held accountable and brought to justice;
13 – We urge States to ensure adequate protection of human rights defenders, and remove obstacles which prevent them from carrying out their work on issues of human rights and sexual orientation and gender identity.
World
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December 19, 2008
UN: General Assembly Statement Affirms Rights for All
66 States Condemn Violations Based on Sexual Orientation and Gender Identity
For Immediate Release
(New York, December 19, 2008) – In a powerful victory for the principles of the Universal Declaration of Human Rights, 66 nations at the UN General Assembly yesterday 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.”
LGBT Activists at the UN General Assembly’s Historic Session, Dec 18, 2008. Back row, left to right: Charlotte Bunch (Center for Women’s Global Leadership/CGWL), Kate Sheill (Amnesty International/AI), Jelena Postic (IGLHRC international advisor), Susana Fried (UNDP), Kim Vance and John Fisher (ARC International), Philippe Colomb (Inter-LGBT France), Renato Sabbadini (ILGA), Rev. Jide Macaulay (Metropolitan Community Churches Nigeria), Second row, left to right: Ariel Herrera (AI), Cynthia Rothschild (CWGL), Paula Ettelbrick (IGLHRC), Vanessa Jackson (International Service for Human Rights), Bruce Knotts (Unitarian Universalist), Joyce Hamilton (COC Netherlands), Todd Larson (IGLHRC). Photo Credit: Adrian Coman, IGLHRC. You can download a high resolution version of the image from IGLHRC’s website.
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
(http://www.hrw.org/en/reports/2008/12/17/alien-legacy-0 ). 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 (IGLHRC) 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 57 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 (UDHR), 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.
The Full Text of the French Statement and the Webcast of the UN Session
The French, who initiated the statement, have created a website (http://www.droitslgbt2008.fr/) about it with an attached document (PDF format, which can be downloaded from http://www.droitslgbt2008.fr/documents/?mode=download&id=2) that contains the statement in French (pages 1-2), Spanish (pages (3-4) and English (pages 5-6).
The entire day’s proceedings at the United Nations-the General Assembly Session, a subsequent panel discussion on “human rights, sexual orientation and gender identity,” and a press conference – were recorded and may be watched via the United Nations’ webcasting archive. Please note: the General Assembly Session lasted for 2 hours and 45 minutes but the statement condemning human rights abuses against LGBT people was read in the last 15-20 minutes. The following links are to the video files on UN website. You need to have Real Player on your computer in order to view the webcast:
• General Assembly: 70th and 71st plenary meeting, Morning session. http://webcast.un.org/ramgen/ondemand/ga/63/2008/ga081218am.rm. Duration: 2 hours and 45 minutes
• High-level panel discussion on “Human rights, sexual orientation and gender identity”(organized by the Permanent Missions of Argentina, Brazil, Croatia, France, Gabon, the Netherlands and Norway).http://webcast.un.org/ramgen/ondemand/specialevents/2008/se081218pm1.rm. Duration: 1 hour and 23 minutes.
• Informal comments to the Media by the Minister for Foreign Affairs of the Netherlands, H.E. Mr. Maxime Vergahen and the Secretary of State for International Affairs and Human Rights of France, H.E. Ms. Rama Yade. Duration: 16 minutes. http://webcast.un.org/ramgen/ondemand/stakeout/2008/so081218pm.rm
You can also read coverage of yesterday’s events by the Associated Press, including a comment by IGLHRC’s Executive Director, Paula Ettelbrick, here: http://www.google.com/hostednews/ap/article/ALeqM5h1rNjQnbi3UUwYn7JGfk4pLIO6DgD955IQK80.
For more information, please contact the following organizations issuing this statement:
Amnesty International
In New York, Kate Sheill: +44-79-0439-8439
ARC International
In Canada, Kim Vance: +1-902-488-6404
Center for Women’s Global Leadership
In New York, Cynthia Rothschild: +1-917- 318-3593
COC Netherlands
In New York: Björn van Roozendaal +31-62-255-8300
Global Rights
In Washington, DC, Stefano Fabeni: +1-202-741-5049
Human Rights Watch
In New York, Scott Long: +1-646-641-5655
ILGA (International Lesbian, Gay, Bisexual, Transexual and Intersex Association)
In New York, Renato Sabbadini: +39-335-60-67-158
Inter-LGBT France(in New York, Philippe Colomb: +33-68-985-3109)
International Committee for IDAHO (International Day Against Homophobia)
In New York, Louis-Georges Tin: +33-61-945-4552
IGLHRC (International Gay and Lesbian Human Rights Commission)
In New York, Hossein Alizadeh: +1-212-430-6016