The UN Human Rights Council on Friday passed a historic resolution that “affirms that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms … without distinction of any kind”.
The resolution, presented by South Africa along with Brasil and 39 additional co-sponsors was passed narrowly with 23 votes in favour, 19 against and three abstentions, after an emotional debate that saw African states accusing South Africa – which presented the text – of breaking ranks with the region and siding with the West after it introduced the issue, according to an AFP report.
In its presentation to Council, South Africa recalled the Universal Declaration of Human Rights (UDHR) noting that “everyone is entitled to all rights and freedoms without distinction of any kind” and Brasil called on the Council to “open the long closed doors of dialogue”. This is the first time the body has passed a resolution which focuses specifically on sexual orientation and gender identity. It establishes a panel to review discrimination of gays and lesbians around the world.
The resolution was co-sponsored by the United States, the European Union, Brazil and other Latin American countries. But African and Islamic countries, led by Nigeria and Pakistan, slammed the resolution saying it had "nothing to do with fundamental human rights," reported AP.
The following is a joint press statement by 17 human rights groups listed below:
Historic Decision at the United Nations: Human Rights Council Passes First-Ever Resolution on Sexual Orientation and Gender Identity
(Geneva, June 17, 2011) In a groundbreaking achievement for upholding the principles of the Universal Declaration of Human Rights (UDHR), the United Nations Human Rights Council has passed a resolution on human rights violations based on sexual orientation and gender identity (L.9/Rev.1).
The resolution, presented by South Africa along with Brasil and 39 additional co-sponsors from all regions of the world, was passed by a vote of 23 in favour, 19 against, and 3 abstentions. A list of how States voted is attached. In its presentation to Council, South Africarecalled the UDHR noting that “everyone is entitled to all rights and freedoms without distinction of any kind” and Brasil called on the Council to “open the long closed doors of dialogue”.
Today’s resolution is the first UN resolution ever to bring specific focus to human rights violations based on sexual orientation and gender identity, and follows a joint statement on these issues delivered at the March session of the council. It affirms the universality of human rights, and notes concern about acts of violence and discrimination based on sexual orientation and gender identity. This commitment of the Human Rights Council sends an important signal of support to human rights defenders working on these issues, and recognizes the legitimacy of their work.
“The South African government has now offered progressive leadership, after years of troubling and inconsistent positions on the issue of sexual orientation and gender identity. Simultaneously, the government has set a standard for themselves in international spaces. We look forward to contributing to and supporting sustained progressive leadership by this government and seeing the end of the violations we face daily”. (Dawn Cavanagh, Coalition of African Lesbians)
The resolution requests the High Commissioner for Human Rights to prepare a study on violence and discrimination on the basis of sexual orientation and gender identity, and calls for a panel discussion to be held at the Human Rights Council to discuss the findings of the study in a constructive and transparent manner, and to consider appropriate follow-up.
“That we are celebrating the passage of a UN resolution about human rights violations on the basis of sexual orientation is remarkable, however the fact that gender identity is explicitly named truly makes this pivotal moment one to rejoice in,” added Justus Eisfeld, Co-Director of GATE. “The Human Rights Council has taken a step forward in history by acknowledging that both sexual and gender non-conformity make lesbian, gay, trans* and bi people among those most vulnerable and indicated decisively that states have an obligation to protect us from violence.”
"As treaty bodies, UN special procedures, and national courts have repeatedly recognized, international human rights law prohibits discrimination on the grounds of sexual orientation and gender identity.” (Alli Jernow, International Commission of Jurists)
The resolution is consistent with other regional and national jurisprudence, and just this week, the 2011 United Nations Political Declaration on HIV and AIDS recognised the need to address the human rights of men who have sex with men, and the Organization of American States adopted by consensus a resolution condemning violence and discrimination on the basis of sexual orientation and gender identity.
Earlier in this 17th session of the Human Rights Council, the UN Special Rapporteur on violence against women, its causes and consequences, Rashida Manjoo, reported to the Council that:
“[C]ontributory factors for risk of violence include individual aspects of women’s bodily attributes such as race, skin colour, intellectual and physical abilities, age, language skills and fluency, ethnic identity and sexual orientation.”
The report also detailed a number of violations committed against lesbian, bisexual and trans women, including cases of rape, attacks and murders. It is therefore regrettable that a reference to "women who face sexuality-related violence" was removed from the final version of another resolution focused on the elimination of violence against women during the same session.
"Despite this inconsistency, we trust the UN resolution on sexual orientation and gender identity will facilitate the integration of the full range of sexual rights throughout the work of the UN." (Meghan Doherty, Sexual Rights Initiative)
A powerful civil society statement was delivered at the end of the session, welcoming the resolution and affirming civil society’s commitment to continuing to engage with the United Nations with a view to ensuring that all persons are treated as free and equal in dignity and rights, including on the grounds of sexual orientation and gender identity.
“Now, our work is just beginning”, said Kim Vance of ARC International. “We look forward to the High Commissioner’s report and the plenary panel next March, as well as to further dialogue with, and support from, those States which did not yet feel able to support the resolution, but which share the concern of the international community at these systemic human rights abuses.”
ARC International, John Fisher (Geneva) +41 79 508 3968 or john@arc-international.net
Amnesty International, Peter Splinter (Geneva) +41 (0) 22 906 9483 or Emily Gray (London) +44 (0) 20 7413 5865
CAL – Coalition of African Lesbians, Dawn Cavanagh (South Africa) + 27 11 918 6115 or dawn@cal.org.za
COC Nederland, Björn van Roozendaal(Netherlands) +31 6 22 55 83 00 or BvanRoozendaal@coc.nl
Council for Global Equality, Mark Bromley (Washington) +1.202.719.0511 or Mark@globalequality.org
GATE - Global Action for Trans* Equality, Justus Eisfeld (New York) jeisfeld@transactivists.org, +1-646-341-1699or Mauro Cabral (Argentina) mcabral@transactivists.org or +54 9 351 5589876
Heartland Alliance for Human Needs & Human Rights, Stefano Fabeni (Washington) +1 312-919-3512 orsfabeni@heartlandalliance.org
Human Rights Watch, Siphokazi Mthathi (South Africa) mthaths@hrw.org or + 27 82 777 1319/ +27 11 484 2640 orJuliette De Rivero (Geneva) +41 079 640 1649 or derivej@hrw.org
IDAHO - International Day Against Homophobia and Transphobia, Joel Bedos (France)jbedos@dayagainsthomophobia.org
IGLHRC - International Gay and Lesbian Human Rights Commission, Jessica Stern (New York) + 1 212 430 6014 orjstern@iglhrc.org
ILGA- the International Lesbian, Gay, Bisexual, Trans and Intersex Association, Renato Sabbadini, +32 474 857 950 or renato@ilga.org
International Campaign Stop Trans Pathologization STP 2012, Amets Suess, stp2012@gmail.com
International Commission of Jurists, Alli Jernow (Geneva) +41(0)22 979 3800) or allison.jernow@icj.org
International Service for Human Rights (ISHR), Bjorn Pettersson (Geneva), b.pettersson@ishr.ch, +41 22 919 7117
Sexual Rights Initiative, Meghan Doherty, Sexual Rights Initiative, +41 (0)78 871 6713 or meghan@acpd.ca
Thailand's Sexual Diversity Network, Paisarn Likhitpreechakul +66 81 634 3450 or forsogi@gmail.com
Transgender Europe (TGEU), Carla LaGata (Germany), mana@zedat.fu-berlin.de
Records of Vote and Co-Sponsorship
States supporting the resolution: Argentina, Belgium, Brazil, Chile, Cuba, Ecuador, France, Guatemala, Hungary, Japan, Mauritius, Mexico, Norway, Poland, Republic of Korea, Slovakia, Spain, Switzerland, Ukraine, Thailand, UK, USA, Uruguay
States against the resolution: Angola, Bahrain, Bangladesh, Cameroon, Djibouti, Gabon, Ghana, Jordan, Malaysia, Maldives, Mauritania, Nigeria, Pakistan, Qatar, Moldova, Russian Federation, Saudi Arabia, Senegal, Uganda.
Abstentions: Burkina Faso, China, Zambia
Absent: Kyrgyzstan, Libya (suspended)
Co-Sponsors of the resolution: Albania, Argentina, Australia, Austria, Belgium, Bolivia, Brazil, Canada, Chile, Colombia, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Honduras, Iceland, Ireland, Israel, Italy, Luxembourg, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Serbia, Slovenia, South Africa, Spain, Sweden, Switzerland, Timor-Leste, United Kingdom of Great Britain and Northern Ireland, United States of America, and Uruguay.
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States against the resolution: Angola, Bahrain, Bangladesh, Cameroon, Djibouti, Gabon, Ghana, Jordan, Malaysia, Maldives, Mauritania, Nigeria, Pakistan, Qatar, Moldova, Russian Federation, Saudi Arabia, Senegal, Uganda.
Interestingly, I believe that SG is a member of the UN as well. However, it is strange that it seems not to appear on the radar...
Perhaps our pink tourist dollars should be more targeted against Singapore, instead of ineffectively boycotting non-tourist destinations like Angola, Bahrain, Bangladesh, Cameroon, Djibouti, Gabon, Ghana, Jordan, Malaysia, Maldives, Mauritania, Nigeria, Pakistan, Qatar, Moldova, Russian Federation, Saudi Arabia, Senegal, Uganda.
Perhaps our pink tourist dollars should be more targeted against Singapore, instead of ineffectively boycotting non-tourist destinations like Angola, Bahrain, Bangladesh, Cameroon, Djibouti, Gabon, Ghana, Jordan, Malaysia, Maldives, Mauritania, Nigeria, Pakistan, Qatar, Moldova, Russian Federation, Saudi Arabia, Senegal, Uganda.
so how does this gay right resolution affect/improve/means to singaporean GLBT community?
The last time a vote on a statement against LGBT killings came to head SG, Philippines and Thailand (which now supports the council resolution) abstained.
China, Zambia and Burkina-Faso opposed the statement, so it's a relief they abstained this time. It's also a good thing Libya is suspended.
Most of these countries on the "against" side -- no big surprise to see them on the list. Bunch of backwards, loser countries that contribute little to the world and many whose names are not even commonly known (I mean, really, "Djibouti"?? WTF?).
But Malaysia should be deeply ashamed of its inclusion on that list. Really lame company to keep, if you ask me. Look at the countries on the "for" side (as well as the sponsors of the resolution), then look at those on the "against" side. That alone tells you all you need to know.
I realize the Malaysian powers-that-be feel this need to suck up to the Middle East and prove that this is a "proper Muslim country" and all, but this slavish devotion to a religion (within the government, I mean) that nearly half the country DOESN'T practice is really all that's holding Malaysia back from becoming a serious and respectable player on the world stage, in my opinion. And I find it pathetic. This is just the latest embarrassment for the country on a global level.
Thailand is currently the only SE Asian country in the council and voted in favor of the resolution (which makes us very happy here. However, any country can cosponsor it, like Timor Leste did. I know that Philippines, Indonesian and Mongolian LGBT activists lobbied their governments -- unfortunately to no avail. Not sure about Singapore.
I just posted the text of the resolution, together with the strong introductory message by South African ambassador, as the latest blog entry in my profile, if anyone is interested..
We're Not finished just yet with creating true equality here - nobody mention the 'M' word (although Civil Partnerships are now fine, with associated inheritance/tax rights etc), and gay Adoption is a whole other issue - but, yes, things are moving along quite well, and given the surprising 'reach' of various Irish people on the global political scene (such as our own Mary Robinson), I'm not surprised to see our involvement in this in the slightest.
As an aside, to counter some of the distasteful right-wing views above, for those who wonder what use the UN is, and see it as a 'waste of money',, just consider the humanitarian and peacekeeping work it's involved with around the world on a daily basis, with literally many Millions of people benefitting from, and relying on, its actions on a daily basis, and with UN peacekeepers quietly losing their lives on a regular basis around the world - such as the newly-carved Irish names on a city centre memorial in Dublin, joining the list of fallen Irish compatriots, all of whom died thousands of miles from home, helping strangers by delivering food, medicine and aid, and protecting them from criminality etc.
That's just one thing the the UN is 'good' for, and the kind of 'waste' of money that I support. However, as usual, I notice that the bigger the countries that complain about the UN etc are, the smaller their heart, and empathy towards others.
For instance, When... will women -- in the whole world -- get full human rights? Soon? Ever?
So many people elsewhere are very cynical -- too experienced in political disappointment -- pls remember that this Gay Human Rights movement, no offense, is relatively new -- can you imagine *beseiged nations in the oil rich areas* -- beseiged by climate change and regime change -- agreeing to this "change":))
Our spring will arrive -- incrementally, maybe, as we Are probably way down towards bottom of the list!
The Council currently has 46 member countries (by rotation). Only these countries can vote on the resolution, but any country can cosponsor it.
Some countries, like Thailand, voted in support, but didn't go so far as sponsoring it. Others like Timor Leste cosponsored it but didn't have the right to vote.
Anyway, it is passed. It takes time. But, hurraayyyy we have more states voted in favor of lgbt rights.
Let's boycott Malaysian tourist spots and also that stupid Datok Ng YY for wasting 1.8 Mil. on Facebook = = = = = = :P
To support the resolution would be to acknowledge the existence of homosexuality. The Communist Party of China is legally prevented from doing this by its own policy. China didn't vote against the resolution for the same reason. China will never officially attack, or defend, gay people.
In other words, gays in China don't officially exist. Ergo, gays have the same rights as everyone else. OK, this means they don't have many rights at all in China, but at least it's some measure of equality.
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