Archive for the 'Civil Liberties' Category

SOGI Mandate Safeguarded in Face of Hostility

Joint Civil Society Press Statement
21 November 2016 (New York) — The United Nations mandate of the Independent Expert on sexual orientation and gender identity (SOGI) has been safeguarded despite hostile contestation at the 71st Session of the 3rd Committee of the United Nations General Assembly (UNGA) in New York City.
LGBTIQ activists and organizations around the world quickly mobilized to voice their concerns on the implications of the hostile resolution to national governments as well as at the United Nations headquarters in New York. A joint statement endorsed by 850 organizations from 157 countries around the world, highlighted the need for states to respect the authority of the Human Rights Council and to vote in favour of upholding the SOGI Independent Expert mandate.
“A lot can be accomplished when forces join hands. We are encouraged by this voting result and in the confirmation that States believe in the mechanisms of the Human Rights Council. It is vital that the integrity of the Human Rights Council remains intact and is not further undermined in the Third Committee,” stated Jessica Stern, Executive Director, OutRight Action International, the only US based LGBTIQ organization with consultative status at the United Nations.
The SOGI Independent Expert position on the “Protection against violence and discrimination based on sexual orientation, and gender identity (SOGI),” was mandated by the passing of a historic resolution A/HRC/RES/32/2 on June 30 of this year, and is held by Vitit Muntarbhorn, a human rights expert from Thailand. A campaign of 628 nongovernmental organizations from 151 countries advocated for the adoption of the resolution and for the establishment of the position.
In early November, Botswana, on behalf of the African Group, presented a hostile resolution on the Human Rights Council Annual Report, specifically targeting the SOGI Independent Expert Mandate. The resolution contested the legality of the creation of the mandate, essentially arguing that SOGI are not universally recognized as human rights and are not codified in international law. The resolution called for an indefinite postponement of the mandate until consensus could be reached on the definition of SOGI and the legal basis to which the mandate was created, the African Group statement read,
“We are alarmed that the Council is delving into matters which fall essentially within the domestic jurisdiction of States counter to the commitment in the United Nations Charter to respect the sovereignty of States and the principle of non-intervention. More importantly, it arises owing to the ominous usage of the two notions: sexual orientation and gender identity. We wish to state that those two notions are not and should not be linked to existing international human rights instruments.”
In response to the African Group resolution, submitted by Botswana, Monica Tabengwa, Botswana human rights activist and director of Pan Africa ILGA commented,
“We are deeply disappointed that Botswana led this fallacious move by the Africa Group to remove gains at the HRC to include SOGI protections within the existing human rights framework. Let us remind everyone that the SOGI mandate is about real people and their right to secure lives, to be free of violence and discrimination and that these lives can’t be postponed or deferred indefinitely. We deserve more from our governments”
The SOGI Independent Expert was created after adoption of a resolution in the Human Rights Council in June 2016, initiated by seven Latin American countries, Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico and Uruguay. They, plus El Salvador (LAC 8), countered the African Group’s attempt to postpone the mandate by introducing an amendment to the resolution deleting the hostile paragraph.
An explanatory note provided by the eight Latin American countries on their submitted amendment in support of preserving the SOGI mandate and the integrity of the HRC reads,
“The seriousness of the consequences (…) lies in the fact that never before has a country or group of countries attempted to challenge a special procedures mandate by the Human Rights Council with an appointed and fully functioning mandate holder. (…) If the General Assembly reopens the Council’s annual report and use a selective approach to which resolution it seeks to block or defer indefinitely it would fundamentally undermine the authority granted to the Council by the General Assembly, thus having far reaching implications well beyond the specific resolution under consideration.”
While all 193 countries in the UN General Assembly had the right to vote, only 178 exercised their vote, resulting in the passing of the LAC 8 amendment, leading to the failure of the hostile resolution and dissipation of the immediate threat against the establishment of the SOGI Independent Expert. In total, 84 countries voted in favor of the LAC 8 amendment, 77 voted against the amendment, and 17 countries abstained from voting.
LGBTIQ civil society in the Asia and the Pacific region have vocalized their support for the SOGI Independent Expert, hoping that a representative from the region would help progress protections for people of diverse sexual orientation and gender identity. In response to the voting, Ryan Silverio, Regional Coordinator for the ASEAN SOGIE Caucus said,
“Today we are reminded of the fundamental mission of the Council, and the UN’s commitment to promote human rights and equality for all. We are encouraged by the open dialogue with ASEAN member states in the lead up of the vote, and are particularly thankful to Thailand for showing leadership to protecting this mandate,”
The failure of the proposed hostile resolution is significant not only because it reinstates the authority of the Human Rights Council, but it also allows forward movement on the work of the SOGI Independent Expert- a crucial stride in the UN’s commitment towards protecting the universality of human rights, especially for vulnerable communities. It reinforces the notion that people cannot be left behind and states must protect all people from discrimination and violence based on their SOGI.
“The SOGI Independent Expert position is vital in bringing to light the horrific acts of violence and discrimination many people face because of their sexual orientation or gender identity. These abuses happen everywhere; no region or country is immune to them. Having concrete documentation showing the consequences of homophobia and transphobia on the lives of people and recommendations on how to address these challenges from an HRC Special Procedure mandate holder will help states take responsibility to protect LGBTQI persons. It will be much harder to ignore the facts,” commented Micah Grzywnowicz, trans activist and international advocacy advisor at RFSL, the Swedish Federation for LGBTQ Rights.
While the hostile resolution did not pass today, civil society has warned that future attempts to stop the progress of the SOGI Independent Expert are not out of the question.
The Expert will be tasked with assessing implementation of existing international human rights law, identifying best practices and gaps, raising awareness of violence and discrimination based on sexual orientation and gender identity, engaging in dialogue and consultation with States and other stakeholders, and facilitating provision of advisory services, technical assistance, capacity-building and cooperation to help address violence and discrimination on these grounds.
“As always, the fight continues to ensure that States don’t cherry pick which human rights to protect. We must continue to be vigilant and to mobilize to ensure that universality and non-discrimination triumphs at all levels. We must also ensure that we are working together to create change which will benefit all LGBTIQ people. Safeguarding human rights principles remains prime to peace and security for all people everywhere, anytime,” said Steve Letsike, Director of Access Chapter 2, a South African LGBTIQ human rights organization.

Statement by Secretary Kerry: Transgender Day of Remembrance

Repost from U.S. Department of State

On Transgender Day of Remembrance, the United States solemnly honors the memory of the many transgender individuals who lost their lives to senseless acts of violence.

Transgender persons around the world are targeted by rising levels of violence fueled by hatred and bigotry.  This is a global challenge and we all must do more to protect transgender persons on the basis of equality and dignity.

In the United States, our Constitution enshrines freedoms of peaceful assembly, speech and association, and it affirms that everyone has equal protection under the law.  Around the world human rights and fundamental freedoms are recognized in the Universal Declaration of Human Rights, which states that every person is born free and equal in dignity and rights.  Every person includes transgender women, transgender men, and other individuals who face marginalization on account of their gender expression or gender identity.

Today we stand in solidarity with the incredible resilience and leadership of the transgender community in responding to stigma and marginalization.  Transgender persons deepen our diversity, broaden our communities, and strengthen the values we cherish.  When all persons reach their full human potential, free from fear, intimidation, and violence, nations become more just, secure and prosperous.

The United States remains committed to advance the human rights of all persons, including transgender persons.  On this Transgender Day of Remembrance, we reaffirm equality for all as part of our core constitutional principles and as a human rights priority of U.S. diplomacy.

OAS LGBTI Core Group Welcomes Supreme Court Decision on Consensual Private Sexual Acts Between Adults in Belize

The Governments of Argentina, Brazil, Canada, Chile, Colombia, Mexico, the United States, and Uruguay, the members of the OAS LGBTI Core Group, welcome the recent decision of Belize’s Supreme Court that found parts of the criminal code criminalizing consensual same-sex activities unconstitutional. We believe that laws that discriminate validate other forms of discrimination and violence.

We recognize that the Supreme Court of Belize has taken a historic and positive step towards full inclusion, and encourage the government of Belize and others in the region to continue common efforts to promote and protect the human rights of all people.  We will continue our collaboration at the OAS on issues impacting LGBTI persons so as to enhance dialogue, cooperation, and the sharing of best practices.  Combatting discrimination is a challenge every nation faces and a challenge we can all work together to overcome.

____________________________________________________

 

Washington, DC, 26 de septiembre de 2016

Declaración conjunta 

El Core Group LGTBI de la OEA saluda el fallo de la Corte Suprema de Belice sobre las relaciones sexuales consensuadas entre adultos

Los Gobiernos de Argentina, Brasil, Canadá, Chile, Colombia, Estados Unidos, México y Uruguay, miembros del Core Group LGTBI de la Organización de los Estados Americanos, reciben con satisfacción la decisión de la Corte Suprema de Belice, que declara la inconstitucionalidad de una parte de su código penal, el cual prohíbe y penaliza las relaciones sexuales consensuadas entre personas del mismo sexo. Creemos que las leyes discriminatorias sólo validan otras formas de discriminación y violencia.

Reconocemos este paso histórico, dado por el Tribunal Supremo hacia la inclusión total y alentamos al Gobierno de Belice, y a otros en la región, a que continúen sumando esfuerzos para promover y proteger los derechos humanos de todas las personas.  Seguiremos colaborando en la OEA, respecto de las materias que afectan a las personas LGTBI con el fin de ampliar el diálogo, la cooperación y el intercambio de buenas prácticas.  Combatir la discriminación es un desafío que cada país enfrenta y es un desafío sobre el que podemos aunar esfuerzos para conseguirlo.

House LGBT Caucus Remembers Slain Turkish Transgender Activist Hande Kader

Press Statement – Congressional LGBT Equality Caucus
Washington, D.C. – The Congressional LGBT Equality Caucus mourned the senseless murder of 22-year-old Turkish transgender activist Hande Kader and called on the Turkish government to take steps to protect the LGBT community from hate crimes.
“Last year I met gay and trans activists while on a fact-finding mission in Turkey and was inspired by their courage, so my heart breaks for Hande Kader’s friends and loved ones in the aftermath of this unspeakable tragedy,” said LGBT Equality Caucus Co-Chair Rep. Sean Patrick Maloney (NY-18).  “The Turkish government must take strong action to ensure that LGBT Turks are protected, safe, and able to live their lives openly and freely. Violence against transgender people is a global crisis, and lawmakers and government officials all across the world, including in the United States, need to confront this epidemic before more lives are lost.”
Hande Kader’s murder reflects the deteriorating environment for Turkey’s LGBT community.  Turkey has some of the highest numbers of transgender murder within Europe according to the human rights group Transgender Europe.  This past June, authorities banned Istanbul Pride celebrations and used tear gas against activists who attempted to celebrate.  Rep. Maloney has previously led on letters to the Turkish Ambassador to the United States protesting crackdowns on the 2015 and 2016 Istanbul Pride Parades.
“The horrific and senseless murder of activist Hande Kader is a sobering reminder about the daily violence faced by transgender people across the world,” said Transgender Equality Task Force Chair Rep. Mike Honda (D-Silicon Valley).  “No one should be intimidated, discriminated against, brutalized or murdered for openly expressing their gender identity. I call on the authorities to vigorously prosecute those involved, and I stand with all people who support justice for Hande.”
This past November, the Transgender Equality Task Force hosted a landmark forum violence against the transgender community, seeking to raise awareness about the epidemic against transgender people.
The mission of the Congressional LGBT Equality Caucus is to promote lesbian, gay, bisexual, and transgender (LGBT) equality. The bi-partisan LGBT Equality Caucus is strongly committed to achieving the full enjoyment of human rights for LGBT people in the U.S. and around the world. By serving as a resource for Members of Congress, their staff, and the public on LGBT issues, the Caucus works toward the extension of equal rights, the repeal of discriminatory laws, the elimination of hate-motivated violence, and the improved health and wellbeing for all regardless of sexual orientation or gender identity/expression.

Mark Bromley Testifies Before the U.S. Congress

Mark Bromley Testifies at Foreign Affairs Committee Hearing on Global Human Rights

Council Chair Mark Bromley testified before the U.S. Congress in a hearing focused on “Human Rights Under Siege Worldwide.”  The hearing was convened on the one-month anniversary of the tragic massacre at the Pulse nightclub in Orlando, and it was the first time that the foreign affairs committee had ever invited a witness to speak to global human rights trends impacting LGBT individuals.  He testified that “targeted LGBT violence, and anti-LGBT propaganda in general, challenge fundamental democratic values and pluralistic societies everywhere.”  He concluded by noting that “countries that turn on their own LGBT citizens, or that scapegoat their LGBT citizens to distract from broader political or economic failings, are equally likely to turn on other ethnic or religious minorities and on human rights and democracy groups writ large.

You can watch the testimony here and read the statement for the record here.

Diversity In All of its Forms is a Shared Civic Value

Last weekend’s brutal massacre at an LGBT nightclub in Orlando is a stunning reminder that homophobic hatred continues to scar both our community and our country. Our hearts go out to the victims of this rampage, as well as to their families and friends. We acknowledge and share their grief.

In our work, the Council for Global Equality has been deeply impressed by the resilience of LGBT communities around the world. We are profoundly touched by the expressions of sadness and solidarity from these communities. Their love and support stand in stark contrast to the hatred that fueled this tragedy. The breadth of supportive government statements also heartens us, from countries that include Afghanistan, Saudi Arabia, and United Arab Emirates.

From this massacre, no doubt there will be calls for greater gun control, mental health awareness, and a strengthened fight against ISIS and all extremism. We strongly support these calls. But we are struck, too, by the cultural divide over the dignity and worth of LGBT people that this attack calls to mind. Diversity in all of its forms is a shared civic value, after all – a quality essential to our national fabric, and one that must be taught and understood more broadly in this country, even after – or maybe because of – the significant legal advances that the LGBT community has achieved in recent years.

The Obama Administration has done much to integrate LGBT human rights into our country’s overall human rights policy. We urge that these efforts be redoubled, with a view to helping all people understand that the rights of any minority group cannot be lower than those of the country as a whole.

That lesson begins at home. The call by some for a ban on Muslims entering our country is wholly at odds with the founding values of our country, and with the dignity and respect we seek from others. That exclusionary vision also runs counter to the Council’s mission, which is to build bridges across cultural divides.

Yesterday’s UN Security Council statement on Orlando’s tragedy – OUR tragedy – is an important and groundbreaking step in expressing the sadness of the international community at a tragedy that impacts not only LGBT people, but how the world embraces human rights. That, in fact, is a precious learning from Sunday’s tragic loss of life.

 

Related Content: After Orlando, Gay Rights Moves off Diplomatic Back Burner (NYT)

Deteriorating Human Rights in The Gambia

Yahya JammehMay 3, 2016 – The Council for Global Equality joined 15 leading human rights organizations in writing to the State Department and the White House this week to express ongoing concern over the deteriorating human rights landscape in The Gambia following a series of arbitrary arrests involving police brutality and possible torture. This adds to concerns that we have raised with the Obama Administration over the past several years, including pointed questions about the targeted persecution of lesbian, gay, bisexual and transgender (LGBT) individuals in The Gambia.

The government’s arrests and harsh suppression of protests last month, in advance of elections anticipated at the end of the year, have been condemned by local, regional and international human rights leaders. Amnesty International and Human Rights Watch reported that an opposition leader died in April under suspicious circumstances shortly after his arrest. The government’s brutal treatment of the opposition and the suppression of protests have been condemned by the United Nation’s Secretary-General, the African Commission on Human and Peoples’ Rights, the ECOWAS Commission and the State Department. There have been similar statements of concern from leading civil society in the region, including IHRDA, WACSOF and the NGO Forum at the African Commission. This latest crackdown is only the most recent chapter in a long line of abuses perpetrated against independent voices by President Jammeh’s regime since he seized power in 1994.

President Jammeh has also continued his inflammatory rhetoric against LGBT Gambians. In March 2016, when addressing the opening of the National Assembly, he said that homosexuality is “ungodly,” and “I will never tolerate it here in The Gambia. Those who will be caught practicing it will face the full force of the law.” These remarks are not empty rhetoric – the Gambian criminal code was amended in October 2014 to include much harsher sentences for various acts defined as “aggravated homosexuality.” LGBT Gambians have since been subjected to arrest and detention, torture, and other ill-treatment by state security forces.

In light of these reports, the Council for Global Equality has renewed its call to take further actions against President Jammeh and his government. In particular, as previously requested, we have urged the Obama Administration to consider visa bans against Gambian officials guilty of grave human rights abuses, and to consider using the sanctions powers available under the International Emergency Economic Powers Act (IEEPA), which have been used in the past to respond to human rights abuses in countries such as Belarus, Venezuela and Zimbabwe. We have also asked the Obama Administration to cut any remaining security assistance to the government in the wake of these abuses. We urge the Obama Administration to take these steps now, before the pre-election violence spirals out of control in the shadow of elections later this year.


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