Posts Tagged 'Presidential Memorandum'

A Whole-of-Government Approach to Trade

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President Obama’s groundbreaking December 2011 Presidential Memorandum calls for a cross-agency, whole-of-government approach to addressing LGBT human and civil rights shortcomings abroad. That effort surely will be a legacy of his presidency. But has the Trans-Pacific Partnership (TPP) trade negotiation honored that approach?

For several weeks, the Council for Global Equality has engaged the Administration on our concerns about the draft trade deal. We worry that the heightened intellectual property rights (IPR) restrictions being negotiated, and championed by the U.S., could make it harder for poorer signatory countries to access affordable HIV/AIDS and other life-saving communicable disease medicines in order to respond effectively to legitimate health care crises. We also find it troublesome that, as far as we can determine, the negotiations have minimized any discussion of the human rights situations in prospective signatory countries, including the treatment of LGBT individuals – issues bound to impact any long-term growth in bilateral relations, including in the trade arena.

We know, of course, that this is a trade deal, not a human rights pact. We know too that trade can be beneficial, not only to U.S. corporations, but to the populations of many other countries. But surely we can do a better job of reflecting our values and human rights priorities, even in the context of global trade.

We deeply believe in a whole-of-government approach – one in which all government foreign affairs agencies frame their individual substantive goals in such a way as to support overarching national purposes. Certainly that was implicit in the President’s 2011 Executive Order. It was even more explicit in former Secretary Clinton’s creation of a Quadrennial Diplomacy and Development Review (QDDR), to marry more closely the policy goals and programmatic tools of the State Department and the U.S. Agency for International Development.   (We engaged former Congressman Tom Perriello on the latter, and were happy to see some of our focus on LGBT-fair policies included in the most recent QDDR.)

In the same sense, trade pacts, like other national instruments, should align with broad national policies. That is where our concerns with TPP lie. By letter, the U.S. Trade Representative (USTR) has signaled U.S. support for flexibility in the IPR applications on life-saving pharmaceuticals needed to win the global war against HIV/AIDS.   We hope the commitment to the Doha Declaration on TRIPS and Public Health means that the U.S. will not pursue so-called “TRIPS-Plus” provisions in this context. Without concrete trip-wire mechanisms to ensure the flexibility that the Doha Declaration suggests, the strengthened IPR protections in the current draft TPP agreement are out of sync with our country’s humanitarian goals, as embodied most notably in our life-saving PEPFAR programs. The Trade Representative also points to the importance of regular engagement with TPP signatory countries on human rights issues. We appreciate this approach, and we look forward to concrete pledges that these concerns will be addressed as part of this and future trade agreements, consistent with the whole-of-government approach that is a hallmark of good governance.

As the House of Representatives takes up debate on the Administration’s request for fast-track authority, we hope it will make clear that USTR must stand shoulder-to-shoulder with the State Department in making clear that public health takes precedence, and that human rights shortfalls only erode our ability to sustain any long-term growth in bilateral trade. Perhaps a case can be made that an eventual TPP trade agreement may be in our national interests – but not if our national commitment to fair treatment, inclusion and humanitarian values is cheapened by the result.

Protecting and Promoting LGBT Rights in Europe

Uzra Zeya, Acting Assistant Secretary, Bureau of Democracy, Human Rights, and LaborRemarks by Uzra Zeya
Acting Assistant Secretary
Bureau of Democracy, Human Rights, and Labor
ILGA-Europe Annual Conference 2013
Zagreb, Croatia
October 24, 2013

First, thank you very much Evelyne and to ILGA Europe for including me in this panel. I am so glad to be here.

In response to your question, the most important thing to understand about the work of the U.S. government is that protecting and promoting the human rights of all people, regardless of sexual orientation or gender identity, is a foreign policy priority. That’s why I am here in Zagreb to deliver this message personally. The fundamental principle that guides our LGBT work is that the human rights of LGBT persons are not different than or separate from the human rights of everyone else. All people deserve to be treated with dignity no matter who they are or who they love.

Looking across the region over 2013, there is a lot to be excited about. Both France and the U.K. have legalized same sex marriage and more countries are taking steps to make sure that LGBT persons can make the choices that work for them and their families. It is also encouraging to see new anti-discrimination and hate crimes legislation specifically including sexual orientation and gender identity as protected categories.

But the United States remains extremely concerned about negative trends in a number of countries. The anti-gay propaganda law in Russia and the proposed law to strip gay parents of their parental rights are alarming. Laws, even when it is unclear how they will be enforced, are incredibly important. They are a statement of a country’s values and they have a teaching effect. Laws that validate discrimination, as we have seen in Russia, can lead to an increase in violence and harassment. This is particularly true when authorities don’t act to protect all of their citizens and when they fail to investigate and prosecute crimes committed by or against particular groups.

I’ve singled out Russia but, as you all know, it is not the only place where there were disturbing events in 2013. We saw too many Pride and IDAHO marches confronted by counter-protestors, or, as just happened in Serbia, canceled altogether because of the threat of violence. Throughout Europe, LGBT persons continue to be harassed and discriminated against in employment, housing, education, and many other areas of public life.

There is clearly work to be done. In the United States, we pursue this work guided by a Presidential Memorandum which lays out five main lines of effort: Decriminalization of LGBT status and conduct, protection of LGBT refugees and asylum seekers, foreign assistance to protect human rights, swift response to violence against LGBT persons, and engaging international organizations to fight LGBT discrimination.

We raise the human rights of LGBT persons in our diplomatic engagement at all levels – from the President, to Secretary Kerry, to our Ambassadors and officers at post and in Washington. Our Ambassadors and officers march proudly in Pride celebrations. Advancing equality for LGBT persons isn’t just the right thing to do; it is fundamental to advancing democracy and human rights. As societies become more inclusive, they become better partners within the global community, joined together by common values and common interests.

The U.S. also knows that change on the ground comes from within. At the State Department, same-sex partners and spouses at overseas missions enjoy the same benefits allowed by law as all our employees’ families. We’ve included a category for same-sex partners in our personnel system. It is now easier for transgender Americans to change the gender on their passport. And we’ve stated unequivocally that we do not discriminate on the basis of sexual orientation or gender identity.

We regularly engage with and support civil society organizations to ensure our work “does no harm” and supports long-term change. In December 2011, then-Secretary Clinton launched the Global Equality Fund to support civil society advocates working to strengthen the human rights of LGBT persons. The United States has partnered with eight-like minded governments – France, Germany, Norway, the Netherlands, Finland, Iceland, Sweden, and Denmark – as well several foundations to raise and allocate more than $7 million dollars for projects in over 50 countries. The Fund provides emergency legal, medical, and relocation assistance to LGBT individuals and activists; capacity building programs to civil society organizations; and, through our embassy small grants programs, short-term funding to nascent LGBT organizations. This year, we’re excited about the Fund’s focus to increase the capacity of transgender organizations in Europe to document and respond to incidents of violence targeting transgender people.

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