Archive for the 'Law' Category

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.

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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.

LGBT Human Rights and Foreign Policy

The Council for Global Equality posted a series of four blog posts on LGBT human rights issues and foreign policy over the past week. The posts touch on public diplomacy, national values, the current Administration’s actions and the lack of discussion of human rights during this presidential election cycle. Below is roll up of all four posts with links to the full postings.

The Place of Human Rights The Place of Human Rights

Another new year. Another chance to put things right. For the Council for Global Equality, that means elevating the place of human rights – including those of LGBT, intersex and other vulnerable minorities – in America’s foreign policy. Continue Reading 


LGBT Human Rights in U.S. Foreign Policy

LGBT Human Rights in U.S. Foreign Policy

A December 20 New York Times story alleged that U.S. attention to discrimination and hate crimes against LGBT people in Nigeria had worsened, in fact, their plight. Others – including the State Department, Ugandan LGBT rights defenders Frank Mugisha and Adrian Jjuko, and Nigeria’s LGBT rights community – already have pointed out the flaws in that article. Continue Reading.


Governments and Human Rights Governments and Human Rights

The Council pays particular attention to the role that foreign governments play, or fail to play, in preserving and advancing the rights of their LGBT citizens. In our own country, we’ve seen how policies pursued by this President have helped empower greater respect and protections for LGBT persons. The same could happen in many countries abroad. Continue Reading.


Matters of the Heart Matters of the Heart

Our country increasingly has come to terms with the need for fairness toward LGBT Americans – and few have questioned the premise that LGBT human rights abuse, like all human rights abuse, must be challenged. Continue Reading.

Governments and Human Rights

Governments and Human RightsThe Council pays particular attention to the role that foreign governments play, or fail to play, in preserving and advancing the rights of their LGBT citizens. In our own country, we’ve seen how policies pursued by this President have helped empower greater respect and protections for LGBT persons. The same could happen in many countries abroad.

Moving the needle on respect for LGBT people is a process, of course. Governments must play a role in that process – in molding attitudes, not just reflecting them, and in forming policies that promote and reinforce cross-society acceptance and cooperation. We believe all governments – ours yes, but also those of every other country, friend and foe alike – should be held accountable for:

  • The tone that governing officials’ homo- or trans-phobic public rhetoric sets within society;
  • Failure to redress legally sanctioned discrimination or bias-motivated crimes against LGBT individuals;
  • The degree to which LGBT individuals are accorded equal access to services and opportunities, including health care, employment, education, and housing;
  • Whether LGBT civil society organizations are able to register and function unimpaired;
  • The prevalence of transgender-specific violence, abuse, and documentation issues, particularly in cases involving government action or inaction.
  • Abuse of government and police powers, e.g. the use of tangential laws regarding loitering to arrest or detain LGBT individuals arbitrarily; the use of foreign agent or tax laws to place disproportionate restrictions on LGBT civil society; physical abuses by police, prison, and hospital officials; and bribery solicited by such officials in order either to provide services or to avoid abusive treatment; and
  • The media climate in which LGBT rights are explained to and understood by the public, particularly when government-sponsored or –influenced media outlets are involved.

In addition, we should work with countries to understand intersex issues as a related set of human rights concerns. In this context, governments must be held accountable for policies or practices that unnecessarily and adversely impact the childhood development and adult health and sexuality of intersex persons. Appropriate government officials, including our own, must also enter into a new dialogue with intersex persons to identify best practices in the diagnosis, treatment and lifelong support for intersex health.

We know that the U.S. does not run the world by fiat. But we also recognize our responsibility, as citizens of a country that wields outsized influence in the world, to ensure this influence is put to positive use. We therefore hold our government accountable for encouraging foreign counterparts to guarantee the conditions in which the promise of the Universal Declaration can be realized for all citizens.

If fault is to be found in U.S. human rights policy, it certainly isn’t in our country’s attention to LGBT human rights, as the December 20 New York Times article alleges. Nor is it in failing to listen to the voices of local activists, as the Times article also suggests has been the case: to the contrary, we’ve found this Administration very much attuned to those local voices in framing its diplomatic dialogue and actions.

The fault we find, rather, is in this Administration’s lack of consistency in showing that human rights matter – and that deliberate abuse of those rights damages the fabric of our bilateral relationships.

Across this Administration’s tenure, the Council has urged that actions by foreign governments that abridge the human rights of any minority group automatically trigger a measured review of how those actions might impact U.S. programs in-country and, of consequence, potential U.S. policy responses.

We know, of course, that U.S. policy goals in any given country sometimes compete against each other. But if support for human rights is a principle, neither it nor its deterrent value should be shunted aside when inconvenient – not even when Nigerian oil contracts, Pacific trade deals, or terrorism concerns are in play.

We also see an urgent need for greater Administration transparency in the funding it provides for LGBT and other human rights programs, and in how those programs are evaluated. The State Department and USAID are embarrassingly far apart in how they measure their LGBT-related programming dollars – no doubt a contributing factor to the highly inflated, erroneous figure of $700 million reported in the New York Times. And unfortunately the World Bank and other multilateral development funders have yet to institute mechanisms needed to include LGBT minorities – who are so often denied basic livelihoods and excluded from the economic life of their own country – in the development opportunities that Bank programs are intended to promote.

Common counting practices, clear programmatic goals, and honestly reflective measurements of program results are basic to good governance.

The Place of Human Rights

The Place of Human RightsAnother new year. Another chance to put things right.

For the Council for Global Equality, that means elevating the place of human rights – including those of LGBT, intersex and other vulnerable minorities – in America’s foreign policy.

The year of 2015 brought incredible progress on LGBT rights around the world. Marriage equality was won here in the United States as well as in Mexico and Ireland; Malta passed the world’s most protective law for transgender and intersex citizens; and Mozambique got rid of its colonial-era anti-sodomy law once and for all.

Yet challenges and dangers continue to confront LGBT people. ISIS continues to hunt down and kill suspected LGBT individuals in its territory. Refugees fleeing persecution last year reached a new post-World War II high, with LGBT refugees among the most vulnerable of them. And from Russia to Egypt, a broad array of countries continue to deny rights to their own LGBT citizens while leading the charge at the United Nations to deny human rights to LGBT individuals everywhere.

We enter the last full year of the Obama Administration with pride and respect for what our country has helped accomplish to ensure that LGBT people are no longer excluded from universal human rights protections. A White House conference last year identified new opportunities for our embassies to respond to escalating violence against LGBT persons globally. A new U.S. Special Envoy for the Human Rights of LGBTI Persons is mobilizing diplomatic efforts to challenge LGBT human rights violations and to build alliances in the quest for equality. And last year, the Administration sought to build a case for global support for LGBT refugees fleeing targeted persecution, including through the first-ever briefing on that topic for the UN Security Council in August.

Perhaps most important, the Obama Administration last year leveraged our public diplomacy and development tools as never before to promote citizen exchanges, highlight the voices and messages of local LGBT leaders and help fund LGBT organizations to promote global equality. The President himself spoke in support of LGBT rights in many of his travels abroad. These efforts, amplified by our investments in educational and development opportunities through USAID and the State Department’s growing Global Equality Fund, bear witness to the Obama Administration’s unprecedented commitment to equality for LGBT individuals everywhere.

If we are to hold other governments accountable for how they honor and safeguard the rights of their LGBT citizens, we must continue to push our own towards even greater consistency and impactful actions. Over the next two weeks, we will set forth the expectations we hold of our own government in this regard.

The steps that are – or aren’t – taken in 2016 will etch the final and most compelling stories of this Administration’s human rights legacy. Then it will be up to us, the human rights community, to hold the next Administration accountable to this country’s proud tradition of standing up for universal human rights at every turn.

To consolidate an Obama legacy, entrench support for global LGBT rights

White HouseRepost from The Hill by Raymond Smith

With attention increasingly turning to the legacy of the Obama administration, one area of civil rights seems sure to be viewed as a breakthrough success: the recognition and advancement of equal rights for lesbian, gay, bisexual, and transgender (LGBT) people. And while this legacy is already on solid footing on the domestic front, many opportunities still exist to entrench support for LGBT rights globally.

In 2008, Obama ran as a “fierce ally” of the LGBT community, yet many were unimpressed by the early months of his administration. In 2009, the LGBT magazine The Advocate ran a parody of his iconic “Hope” poster with the caption “Nope?” Shortly before the 2012 election, however, the same magazine ran a cover with his face superimposed on the grand seated statue in the Lincoln Memorial.

What changed so drastically over time? The evolution of the administration began with a host of incremental steps, such as ensuring hospital visitation rights to same-sex partners and lifting the ban on entry to the U.S. to people with HIV. Over time, Obama led the successful repeal of the ban on “gays in the military” and ensured the enactment of an LGBT-inclusive hate crimes bill. Using the bully pulpit, he filmed a segment for the “It Gets Better” campaign in support of LGBT teens, and in his second inaugural address, he cited the landmark Stonewall Riots of 1969 alongside Seneca Falls and Selma as turning points in civil rights history.

Perhaps most of all, Obama personally endorsed same-sex marriage and his administration refused to defend the unconstitutional Defense of Marriage Act (DOMA). Since the Supreme Court overturned DOMA in 2013, the administration has been diligent and proactive in extending the full range of marriage equality rights with regard to immigration, access to federal programs, taxation and more. At the same time, Title VII of the Civil Rights Act this year has begun to be interpreted, for the first time, to confer federal anti-discrimination protections on transgender people.

Much less noticed has been an equally impressive parallel track taken with regard to promotion of LGBT rights around the world. Three years ago this week, in December 2011, then-Secretary of State Hillary Clinton gave a speech emphasizing that “gay rights are human rights, and human rights are gay rights.” The phrasing echoed her famous speech as first lady on women’s rights, given in Beijing 15 years prior, which signaled the inclusion of gender equality as a central focus of U.S. foreign policy.

Concurrently, Obama issued a “Presidential Memorandum on International Initiatives to Advance the Human Rights of LGBT Persons.” Unlike on the more scattered and improvised domestic-policy side, this one landmark document has served as a coherent strategic blueprint for action by the federal government.

The memorandum contains several major elements, including combating anti-LGBT criminalization abroad, protecting LGBT refugees and asylum seekers, responding to anti-LGBT human rights abuses internationally, providing targeted foreign assistance and engaging international organizations to secure LGBT rights. In all of these areas, the State Department has outlined a range of accomplishments.

For example, a Global Equality Fund has been established to bridge government, companies and nongovernmental organizations (NGOs) to provide emergency and long-term assistance. The fund promotes LGBT rights through a small grants program, an emergency protection rapid response mechanism, and long-term capacity-building efforts for human rights organizations overseas. Protections for asylum seekers has also been expanded; in one notable case, a Ugandan LGBT rights activist was recently provided asylum rather than being forced to return to a potentially fatal environment in his home country.

Likewise, embassies around the world have begun proactively engaging with governments and human rights organizations. And at the United Nations, the U.S. is a charter member of the LGBT Core Group, which in September issued a ministerial declaration on “Ending Violence and Discrimination against Individuals Based on Their Sexual Orientation and Gender Identity.”

Despite these crucial steps, much more work remains to be done. “The U.S. blueprint for action can be a powerful force, but only if its approach is consistent and guided by the understanding that all rights are indivisible and universal,” said Jessica Stern, executive director of the New York-based International Gay and Lesbian Human Rights Commission.

“Achieving change will demand focused attention. One crucial step forward would be the immediate creation of a Special Envoy for LGBT Rights at the State Department,” Stern noted. Such an envoy would act as a high-level advocate for LGBT concerns, working within the State Department, bilaterally with other countries and through multilateral organizations. The position of special envoy is the focus of bill introduced last summer by Sen. Edward Markey (D-Mass.).

Likewise, the Council for Global Equality, a Washington-based NGO with the goal of advancing an American foreign policy inclusive of sexual orientation and gender identity, “has identified a series of actionable next steps that could advance the Administration’s commitment by moving the government from a reactive posture to a longer-term human rights protection agenda,” according to the council Chair Mark Bromley. These objectives, added Bromley, “are designed to harmonize the Administration’s commitments into a coherent human rights policy — and an enduring legacy of President Obama.”

In addition to creation of the special envoy position, other priority areas include:

  • Requiring automatic policy reviews whenever foreign countries enact new anti-LGBT policies. The review could be triggered by legislation, changes in enforcement patterns or failure to protect LGBT populations. Such a thorough review was conducted after the passage of a particularly repressive anti-gay law in Uganda last year, but it’s unclear that comparable reviews have been undertaken in the case of similar laws enacted in Nigeria and, most recently, Gambia.
  • Mandating that government contractors and grantees globally have LGBT non-discrimination policies as pre-conditions for contracts or assistance. Such a move would parallel an executive order issued last summer banning anti-LGBT discrimination policies among government contracts within the U.S. for domestic contactors.
  • Strengthening policies to protect LGBT rights in multilateral organizations such as the U.N., the World Health Organization, the World Bank, the Organization for Security and Co-operation in Europe and the Organization of American States. The U.S. should also advocate for adequate funding and staffing for such policies to be enforced and monitored.
  • Establishing annual reports and other mechanisms to make information more widely available about federal effort in the realm of global LGBT rights, and also holding more extensive consultations with a range of stakeholders about how best to implement the memorandum.

Whatever further steps the Obama administration takes, some critics will inevitably dismiss the relevance of LGBT rights, or consider LGBT rights a marginal issue when it comes to the forging of a presidential legacy that will stand the test of time.

But such voices have been proven wrong before. They’re the same ones that in the 1960s saw no need for the Civil Rights Act, in the 1970s resisted signing the Helsinki human rights accords, in the 1980s rejected sanctions against apartheid South Africa, in the 1990s mocked steps to advance a global women’s rights agenda and in the 2000s endorsed human rights abuses in the name of fighting terrorism.

Yet, today, each of these incidents is recalled as a badge of honor — or a mark of shame — for the president who presided over them. So, too, will today’s struggle for LGBT rights, both at home and abroad, be recalled as a substantive and productive element of the Obama legacy.

 

Smith is a senior fellow at the Progressive Policy Institute; an adjunct assistant professor of political science at Columbia University and New York University; and author of Importing Democracy: Ideas from Around the World to Reform and Revitalize American Politics and Government.

 

Reflecting UN Progress on Transgender Day of Remembrance

Transgender Day of RemembranceNovember 20, 2014 — Today, on Transgender Day of Remembrance, we remember brave transgender individuals around the world who have been killed because of who they are or how they appear in the world. It therefore seems fitting, on a day like today, to reflect on a draft resolution adopted yesterday by the United Nations that recognizes the sad reality that lesbian, gay, bisexual and transgender (LGBT) individuals are too often targeted and killed because of their sexual orientation or gender identity.

The UN resolution, which condemns “extrajudicial, summary or arbitrary executions” committed by both government and non-governmental agents, recognizes that certain vulnerable groups of persons – generally those who face broader social exclusion and discrimination – are at particular risk of targeted killing. And when they are attacked, governments are far less likely to investigate the cases or prosecute the perpetrators. Perhaps no such group is at greater risk than transgender individuals – those who dare to live authentic lives in defiance of gender expectations or stereotypes.

Public health groups estimate that the life expectancy of a transgender woman in Latin America is between 30 and 35 years, and possibly lower in parts of Central America. And for regions where transgender homicides are completely ignored and statistics purposefully obscured, the measure of a transgender life may be even lower. Extreme violence goes a long way in explaining these shocking disparities.

In the context of this somber day of remembrance, it is comforting to recognize that the struggle for global equality is gaining ground, even in the culture wars of the United Nations. An effort yesterday by Saudi Arabia to strip the reference to vulnerable groups in the resolution on extrajudicial killings, which was clearly understood as an attempt to strip the sexual orientation and gender identity language from the text, was roundly defeated, with eighty-two governments across all regions voting to name the violence against LGBT individuals and keep the reference to vulnerable groups in the text. Only fifty-three governments supported the Saudi deceit, which represents a growing consensus around LGBT rights as human rights.

The final text was adopted in committee yesterday with only one vote in opposition, and it will now go to the full UN General Assembly for a vote in December. The United States, which in the past has supported the spirit of the text but abstained on technical legal grounds, joined the growing majority in voting for the resolution this year. That represents an additionally important victory for human rights.

The vote at the United Nations yesterday, on the heels of the adoption of another, stand-alone resolution on “human rights, sexual orientation and gender identity” at the United Nations last month, represents a turning point in the way the United Nations responds to human rights violations targeting LGBT individuals. And while its impact may not yet be measured in lives saved or years lived, it represents concerted advocacy and increasing political will within the United Nations. And that growing consensus will eventually be measured in human development – in both the quantity and the quality of the years lived by transgender youth of tomorrow.

Joint CSO Letter to World Bank on Discrimination in Uganda’s Health Sector

Dr. Jim Yong Kim
President
The World Bank
1818 H St. NW
Washington DC 20433

Dear Dr. Kim:

We write to follow up on our letters of April 1 and May 6, 2014, regarding concerns about discrimination in Uganda’s health sector and the World Bank’s delay of its US$90 million loan.

We, once again, welcome your commitment to ensure that there is no discrimination in World Bank financed projects in Uganda and public recognition that discrimination is not only wrong, but undermines economic growth.

Six months after your decision to delay the health sector loan, we remain concerned that there are still not sufficient safeguards in place to prevent discrimination in health service provision for lesbian, gay, bisexual, transgender, and intersex (LGBTI) patients, or for women, among other groups in Uganda. In this letter, we share recommendations for the World Bank’s next steps in Uganda and request a meeting with your office as you chart a strategic way forward to ensure that World Bank funding does not entrench discrimination via its loans and other financial instruments. On August 26 during a meeting with the Robert F. Kennedy Center for Justice and Human Rights and Sexual Minorities Uganda (SMUG), Uganda’s former minister of health and new prime minister, Dr. Ruhakana Rugunda, made comments that reinforce this concern: he agreed that there is discrimination in the health sector, and that the government is not equipped to monitor the health sector for discrimination or to respond to discrimination when it occurs. Continue reading ‘Joint CSO Letter to World Bank on Discrimination in Uganda’s Health Sector’


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