Posts Tagged 'United Nations'

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.

Remarks by Ambassador Samantha Power at the White House Dialogue on Global LGBT Human Rights

Ambassador Samantha Power
U.S. Permanent Representative to the United Nations
U.S. Mission to the United Nations
Washington, DC
June 29, 2016

It’s amazing to be here and to be with all of you. This is a really important thing to do, particularly in light of recent events, but anyway, to step back, and to look back at what has been achieved in this last five years. From the diplomatic corps representatives who are here, to civil society representatives – each of you have played a really critical role in bringing us to where we are today. I’m only going to speak very briefly, but do want to pull a few of the highlights out of the last five years and look at the legacy of the Presidential Memorandum, which is itself just a symptom of the President’s leadership.

Five years ago, when I was in the position occupied brilliantly now by Steve Pomper, I had the privilege, along with Ambassador David Pressman, who you will hear from a little bit later, of helping President Obama shepherd this historic LGBT memorandum through the U.S. government. When he signed the Presidential Memorandum – I remember as if it was yesterday – the response inside the government, as well as outside the government, was immediate. And in particular, I will never forget the outpouring of emotion from people around the United States – again, whether inside or outside the government – but also around the world, when they heard that LGBTI rights was being embedded, as Josh put it, into the DNA of the U.S. government. Continue reading ‘Remarks by Ambassador Samantha Power at the White House Dialogue on Global LGBT Human Rights’

Twelve UN Agencies Issue Unprecedented Joint Statement on Rights of Lesbian, Gay, Bisexual, Transgender & Intersex People

UNHRC logo, Universal Periodic Review, White HousePress statement from Office of the High Commissioner for Human Rights (OHCHR)

In an unprecedented joint initiative, 12 UN agencies* today issued a powerful joint call to action on ending violence and discrimination against lesbian, gay, bisexual, transgender and intersex (LGBTI) adults, adolescents and children.

“This is the first time that so many members of the UN family have joined forces in defence of the basic rights of lesbian, gay, bisexual, transgender and intersex people,” said the UN Human Rights Office’s Chief of Global Issues, Charles Radcliffe. “It’s both an expression of commitment on the part of UN agencies, and a powerful call to action for Governments around the world to do more to tackle homophobic and transphobic violence and discrimination and abuses against intersex people.”

The statement highlights the link between human rights abuses against LGBTI people and ill health, family break-up, social and economic exclusion and lost opportunities for development and economic growth. It sets out specific steps that Governments, in particular, should take to curb violence and protect individuals from discrimination – including measures to improve the investigation and reporting of hate crimes, torture and ill-treatment, prohibit discrimination, and review and repeal all laws used to arrest, punish or discriminate against people on the basis of their sexual orientation, gender identity or gender expression.

“Violence and discrimination against people based on sexual orientation, gender identity and biological sex characteristics violate their human rights and impoverish whole communities. That is why United Nations agencies working across such a wide range of areas – from human rights to health, education, employment, development, children’s rights, gender equality, food security and refugees – have come together to push for change,” Radcliffe said. “While the symbolism of this is important, the practical recommendations we are putting forward are more important. We hope this statement can provide a blueprint to Governments, as well as to UN teams on the ground in countries around the world,” he added.

The joint UN statement on “Ending Violence and Discrimination against Lesbian, Gay, Bisexual, Transgender and Intersex People” has been endorsed by 12 UN entities: the International Labour Organization (ILO), the Office of the United Nations High Commissioner for Human Rights (OHCHR), the Joint United Nations Programme on HIV/AIDS (UNAIDS) Secretariat, the United Nations Development Programme (UNDP), the United Nations Educational, Scientific and Cultural Organization (UNESCO), the United Nations Population Fund (UNFPA), the United Nations High Commissioner for Refugees (UNHCR), the United Nations Fund for Children (UNICEF), the United Nations Office on Drugs and Crime (UNODC), UN Women, the World Food Programme (WFP) and the World Health Organization (WHO).

UN Security Council Holds Inaugural Meeting on LGBT Issues

Photo: Lauren Wainwright

Photo: Lauren Wainwright

Repost from statement issued by U.S. Department of State

Today, members of the UN Security Council held their first Arria-formula meeting on Lesbian, Gay, Bisexual, and Transgender (LGBT) issues, particularly in the context of ISIL’s crimes against LGBT individuals in Iraq and Syria. This historic event recognizes that the issue of LGBT rights has a place in the UN Security Council.

Around the world, the UN has documented thousands of cases of individuals killed or injured in brutal attacks simply because they are LGBT or perceived to be LGBT. This abhorrent practice is particularly widespread in ISIL-seized territory in Iraq and Syria, where these violent extremists proudly target and kill LGBT individuals or those accused of being so. No one should be harmed or have their basic human rights denied because of who they are and who they love.

We would like to thank Chile for co-sponsoring this event with us. The United States will continue to raise the plight of targeted LGBT individuals around the world and work to protect their basic human rights.

For more info:

“Timeline of Publicized Executions for “Indecent Behavior” by IS Militias” published by ILGHRC

First-Ever Security Council Briefing Focuses on LGBTI Rights Abuses” IGLHRC

Obama Administration Brings Global LGBTI Community Together to Advance Human Rights and Development

Todd Larson- USAIDRepost from the White House blog

Last month, the U.S. Department of State and the U.S. Agency for International Development, where I work, co-hosted the third-annual Conference to Advance the Human Rights of and Promote Inclusive Development for Lesbian, Gay, Bisexual, Transgender, and Intersex (LGBTI) Persons. The international conference brought together public and private donors, civil society activists, and the private sector.

While this gathering wasn’t the first of its kind — previous such conferences were held in 2010 in Stockholm and in 2013 in Berlin — participation in this year’s event grew significantly, including representation from 30 governments from all regions of the world. When combined with advocates from civil society organizations, more than 50 countries were represented, as well as 9 multilateral agencies, including the United Nations and the World Bank.

More than 25 governments and multilateral organizations signed a joint communiqué affirming their commitment to increased cooperation, coordination, and communication to advance the human rights of and promote inclusive development for LGBTI persons around the world.

Take a look at the communiqué. It is historic. It is inspirational. And as Americans, we can be particularly proud of it. The resounding international LGBTI-affirming commitments in the communique are a direct result of strong U.S. government support to organize as inclusive a convening as possible.

Activists present at the conference weren’t just observers, but active participants, proudly sharing their inspirational stories of courage, explaining to donors what their needs are, and working with donors to conceptualize creative solutions to advance the rights and livelihoods of their LGBTI brothers and sisters.

The conference underscored a number of themes, including that more research and data are needed. I am proud that USAID is already working with partners like UNDP in Asia and, most recently, the Williams Institute, through the Agency’s LGBTI Global Development Partnership, to publish reports that can inform and guide LGBTI inclusive development programming going forward. And through the Global Equality Fund and other assistance and diplomatic tools, the U.S. Department of State is working to support civil society organizations on the ground, to help ensure that the human rights of all persons, including LGBTI persons, are protected.

The conference also made clear that there is much more work to be done. Recent backsliding, such as the passing of anti-LGBTI legislation in The Gambia, and similar renewed threats in Uganda, is tragic proof.

So it was a convening of critical importance — with more than 50 nationalities taking their own leadership seat at the table.

Three years ago, the Obama administration laid out its pioneering support for the international LGBTI community. By hosting the recent forum to address issues of most pressing concern for LGBTI persons around the world, the Administration continued to deliver on its promise.

Todd Larson is the Senior LGBT Coordinator at the U.S. Agency for International Development.

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.

 

U.N. Human Rights Council adopts LGBT resolution

Photo: @gustavopecoraro

Photo: @gustavopecoraro

Press Statement from ARC International

(Geneva, September 26, 2014) – The United Nations Human Rights Council resolution on combatting violence and discrimination based on sexual orientation and gender identity (L.27/Rev.1), adopted today, Is a critically important achievement for upholding the principles of the Universal Declaration of Human Rights, 25 human rights groups said today. The resolution follows a resolution adopted three years ago in June 2011, when the Council passed the first ever UN resolution on human rights violations based on sexual orientation and gender identity.

Brazil, Chile, Colombia, Uruguay, and 42 additional co-sponsors introduced the resolution. In its presentation to the Council, Chile stated that “this resolution does not seek to create new rights…there are some whose rights are more violated and need more protection.“ Colombia added “the report that we request is part of existing international law.“ The resolution survived a total of seven hostile amendments, introduced by Egypt on behalf of ten States, seeking to strip the resolution of all references to sexual orientation and gender identity. Brazil stated that the proposed amendments would “seek to radically change the purpose and focus of the resolution and changes its substance.”  Ultimately, the resolution was passed by a vote of 25 in favor, 14 against, and 7 abstentions, with support from all regions and an increased base of support since 2011.

“The leadership of these Latin American states reflects strong commitment to human rights for all and follows the significant progress that is being made by governments and lesbian, gay, bisexual, transgender, transsexual, travesti, and intersex activists in the region,” said Andres Rivera Duarte from the Observatorio Derechos Humanos y Legislación, Chile.

The resolution asks the High Commissioner for Human Rights to update a 2012 study on violence and discrimination on the basis of sexual orientation and gender identity (A/HRC/19/41), with a view to sharing good practices and ways to overcome violence and discrimination. The resolution expresses grave concern at acts of violence and discrimination in all regions of the world committed against individuals because of their sexual orientation and gender identity. This resolution demonstrates that this issue remains on the agenda of the Human Rights Council and sends a message of support to people around the world who experience this type of violence and discrimination, said the 25 groups.

“While we would have preferred to see an institutionalized reporting mechanism, the council has still sent a strong message of support to human rights defenders working on these issues. We look forward to States implementing the outcomes of these reports,” said Jonas Bagas, of TLF Share in the Philippines. Continue reading ‘U.N. Human Rights Council adopts LGBT resolution’


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