Hillary Issues Statement On Landmark UN Resolution

Secretary of State Hillary Clinton

U.S. DEPARTMENT OF STATE

Office of the Spokesperson

__________________________________________________________________________

For Immediate Release                                                                                                                                                June 17, 2011

2011/978

STATEMENT BY SECRETARY CLINTON

United Nations Human Rights Council Resolution on Sexual Orientation & Gender Identity

Today, the UN Human Rights Council adopted the first ever UN resolution on the human rights of lesbian, gay, bisexual and transgender persons.  This represents a historic moment to highlight the human rights abuses and violations that lesbian, gay, bisexual, and transgender people face around the world based solely on who they are and whom they love. 

The United States worked with the main sponsor, South Africa, and a number of other countries from many regions of the world to help pass this resolution, including Brazil, Colombia, members of the European Union, and others.  This resolution will commission the first ever UN report on the challenges that LGBT persons face around the globe and will open a broader international discussion on how to best promote and protect the human rights of LGBT persons.

All over the world, people face human rights abuses and violations because of their sexual orientation or gender identity, including torture, rape, criminal sanctions, and killing.  Today’s landmark resolution affirms that human rights are universal. People cannot be excluded from protection simply because of their sexual orientation or gender identity. The United States will continue to stand up for human rights wherever there is inequality and we will seek more commitments from countries to join this important resolution.

###

UN Passes Historic Resolution On LGBT Rights

The United Nations has passed a landmark resolution acknowledging that LGBT rights are human rights. The  United Nations Human Rights Council has formally adopted the resolution I blogged about earlier by a vote of 23 in favor, 19 opposed and 3 abstentions (very close!).

The list of which countries voted which way is provied by TransGriot:

The UN resolution passed with 23 countries voting in favor, 19 countries against and 3 countries abstaining

The nations voting YES were: 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.

The nations voting NO were:  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)

The resolution text includes (pdf):

Expressing 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

1.  Requests the High Commissioner to commission a study to be finalised by December 2011, to document discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity, in all regions of the world, and how international human rights law can be used to end violence and related human rights violations based on sexual orientation and gender identity;

2.  Decides to cenvene a panel discussion during the 19th session of the Human Rights Council, informed by the facts contained in the study commissioned by the High Commissioner and to have constructive, informed and transparent dialogue on the issue of discriminatory laws and lractices and acts of violence against individuals based on their sexual orientation and gender identity;

3.  Decides also that the panel will also discuss the appropriate follow-up to the recommendations of the study commissioned by the High Commissioner;

4.  Decides to remain seized of this priority issue.

Note that the United States voted in favor of the resolution, which was sponsored by Brazil and South Africa. Recall that, the next time some idiot tells you it doesn't matter if Obama or a Republican is President.

GRENADA: Man, 41, Charged Under Sodomy Law

Since I was born on the island of Grenada in the Eastern Caribbean I'm always attentive when the island-nation appears in the news. According to the AP, a 41-year-old man has been arrested and charged with sodomy for having consensual sex with a 17-year-old man.

The age of sexual consent in Grenada is 16 but while the sex in question was consensual, local law prohibits sodomy under the charge of "unnatural connection."

Grenada is one of several Caribbean nations that has laws banning sex between men. The penalty in most islands, including Grenada, is up to 10 years in prison, although Barbados and Guyana have life imprisonment, according to a 2010 United Nations report.

Many islands remain socially conservative, with Jamaica considered one of the most hostile islands toward homosexuals. A gay right activist was killed there last year, and three gay men were attacked and beaten in St. Lucia in March. Gay cruises to the region also continue to draw protesters.

In Grenada, gays are discriminated against and find it hard to find employment and housing, said Nigel Mathlin, president of GrenCHAP, a local nonprofit organization that represents marginalized groups.

"The government, they are very much aware of the changes that need to be made, of bringing our laws into line with international human rights principles," Mathlin said.

I'll be following this case relatively closely. I really don't see how the Caribbean nations of Barbados, Trinidad, Grenada and Jamaica can expect to have a vibrant tourism industry while still maintaining anti-gay sodomy laws and an unwelcoming, discriminatory atmosphere.

It's good to see that there is some organized resistance and challenge to explicit homophobia on the island of Grenada in the form of GrenCHAP and Nigel Mathlin.

U.S. Gov't Talking Points On Uganda Anti-Gay Bill

Thanks to Karen Ocamb of LGBT POV, I have access to these talking points the State Department (Bureau of African Affairs) has released about the possibly imminent passage of the draconian Anti-Homosexuality Bill in Uganda:

·        The Department of State opposes the draft Anti-Homosexuality Bill, which we view as manifestly inconsistent with international human rights obligations.  We continue to monitor activity surrounding the proposed legislation, including the public debate.

·        President Obama, Secretary Clinton, Assistant Secretary Johnnie Carson, and U.S. Ambassador to Uganda Jerry Lanier have all spoken out in opposition to the bill.  These public statements underscore the U.S. government’s strong support of the rights of the LGBT community in Uganda and throughout the world.

·        We are not alone in our calls to stop this bill.  Many from the international community have also expressed shared concern about the draft bill.  And Uganda's own Human Rights Commission issued a report in October 2010 calling the bill unconstitutional and inconsistent with international law.  Many civil society groups in Uganda have advocated against this legislation, and we continue to support those efforts.

·        We urge Ugandan lawmakers to reject this bill and, instead, to safeguard the human rights of all Ugandans and ensure that neither sexual orientation nor gender identity provides a legal basis for discrimination or persecution.

·        The White House, the Department of State, and our Embassy in Kampala have been very active in speaking up, both privately and publicly, against the bill and promoting the protection of human rights for LGBT individuals in Uganda.

·        Public statements by President Obama, Secretary Clinton, and Bureau of African Affairs Assistant Secretary Johnnie Carson have urged Uganda to safeguard the human rights of all Ugandans, regardless of sexual orientation.

·        We meet regularly with human rights advocates and representatives of LGBT groups to solicit their advice on how we can best support the protection of human rights in Uganda.

·        We continue to monitor the situation closely and are reviewing how we would respond to the passage of this legislation.

·        Stating our views about the draft Anti-Homosexuality Bill does not amount to meddling in Uganda’s parliamentary affairs.  Our statements are grounded in international human rights law and the obligations that it entails for all states, including Uganda and the United States.

·        If adopted, a bill further criminalizing homosexuality would constitute a significant step backwards for the protection of human rights in Uganda.  Respect for human rights is key to Uganda’s long-term political stability and democratic development, as well as its public health and economic prosperity.

·        Human rights are also a cornerstone of U.S. foreign policy.  The White House, the Department of State, and our embassies and consulates overseas will continue to advocate for greater respect for the human rights of LGBT individuals, and we will continue to speak up when we are concerned about abuses, such as those that would be encouraged by or follow from the legislation proposed in Uganda.

Activists are asking people to contact the Uganda Embassy at:

His Excellency Professor Perezi K. Kamunanwire 

Ambassador Extraordinary and Plenipotentiary 

Tel: (202) 726 4758 

Fax: (202) 726 1727 

pkamunanwire@ugandaembassyus.org

You can also sign online petitions here (allout.org, 250,000+ so far) and here (avaaz.org, 650,000+ so far). TAKE ACTION!

Ugandan Lesbian Activist Wins Human Rights Award

Kasha Jacqueline Nabagesera

Kasha Jacqueline Nabagesera, the founder and executive director of Freedom and Roam Uganda, an LGBT rights organization, has been awarded the Martin Ennals Award for Human Rights Defenders.

The award is named after the first secretary-general of Amnesty International, and is a collaboration among 10 of the world's leading human rights organizations to give protection to human rights defenders worldwide. The Jury consists of: Amnesty International, Human Rights Watch, Human Rights First, International Federation for Human Rights, World Organisation Against Torture, Front Line, International Commission of Jurists, German Diakonie, International Service for Human Rights, and HURIDOCS. It is worth 20,000 Swiss francs.

In issuing the announcement, the award organization noted that Nabagesera has had the courage to appear on national television and radio stations in Uganda and has issued news statements on behalf of the gay community. In 2007 she was harassed at the World Social Forum in Nairobi, and on many occasions afterward, was hackled, threatened, and even attacked. Since then she has moved from house to house, afraid to stay long in the same place. Her name was on a "gay list" published by the Ugandan tabloid Rolling Stone on January 26, after which, another colleague on the list, David Kato, was murdered. 

"This is a fitting tribute to the courage of one woman, Kasha Nabagesera, and to all activists working under conditions of extreme threat," said Dipika Nath, LGBT researcher at Human Rights Watch.

Congratulations to Nabagasera. Hopefully, the attention on LGBT rights in Uganda will have an impact on the proposed draconian anti-homosexuality legislation.

IGLHRC Appalled Draconian Uganda Anti-Gay Bill May Pass

The infamous Uganda Anti-Homosexuality Bill which has been denounced by the White House, the President and Secretary of State and 90 members of Congress is now apparently on a fast track to pass before the Legislature adjourns on Wednesday May 11th.

IGLHRC Shocked at Possible Passage of Ugandan Anti-Homosexuality BillRights Protections for All Ugandans PrecariousFor Immediate ReleaseContacts:Cary Alan Johnson, Executive Director, IGLHRC (New York) Tel: (347) 515 0330; Email: cjohnson@iglhrc.org 

(New York, 6 May 2011) The International Gay and Lesbian Human Rights Commission is deeply concerned at reports that the now infamous Anti-Homosexuality Bill in Uganda may be passed by that country's Parliament. The Bill, first introduced in October 2009, was ostensibly "shelved" by Uganda's president Yoweri Museveni following an international outcry. However, public hearings on the Bill took place today in the Legal and Parliamentary Affairs Committee. The remaining stages of the legislative process – namely second and third readings of the bill and presidential adoption – could be completed within the remaining week of the current parliamentary session. 

"We are shocked that after more than 2 years of engagement with the government of Uganda about the Anti-Homosexuality Bill, this heinous piece of legislation may still become law," said Cary Alan Johnson, IGLHRC Executive Director. "Governments, world religious and political leaders, and HIV prevention experts have all appealed to Ugandan parliamentarians to put their distaste and fear of LGBT people aside and use their better judgment for the good of the country." 

The Bill reaffirms existing penalties for consensual same-sex relationships, and criminalizes the "promotion of homosexuality" and failure to report homosexual activity. The Parliamentary Committee itself has said that the provisions of the Bill are redundant and unnecessary. Most controversially, the Bill would punish "aggravated homosexuality" – including activity by "serial offenders" or those who are HIV positive – with the death penalty. To IGLHRC's knowledge, the provisions related to the death penalty remain part of the Bill, despite statements by the Bill's author that these would be removed. The Bill not only violates multiple protections guaranteed by the Constitution of Uganda, but also contravenes the African Charter on Human and People's Rights, the International Covenant on Civil and Political Rights (ICCPR), and other international human rights treaties to which Uganda is a party. 

"There can be no reason to pass this Bill other than to take the attention of Ugandans – and the rest of the world – away from the fact that Uganda is slipping into political chaos," stated Johnson. "Clearly the issue of homosexuality is being used to deflect attention from the crackdown on democracy and freedom of speech that has led to at least 5 deaths, more than 100 injuries, and hundreds of arrests in the last month. IGLHRC stands firm with all the people of Uganda as they struggle to maintain their freedom and dignity."

President Bill Clinton Endorses NY Marriage Equality

Human Rights Campaign released a statement today from former President Bill Clinton in which he endorses marriage equality in the state of New York.

Our nation’s permanent mission is to form a ‘more perfect union’ – deepening the meaning of freedom, broadening the reach of opportunity, strengthening the bonds of community. That mission has inspired and empowered us to extend rights to people previously denied them. Every time we have done that, it has strengthened our nation. Now we should do it again, in New York, with marriage equality. For more than a century, our Statue of Liberty has welcomed all kinds of people from all over the world yearning to be free. In the 21st century, I believe New York’s welcome must include marriage equality.

The Big Dog had endorsed the concept of marriage equality publicly way back in 2009, some 13 years after he (in)famously signed the odious Defense of Marriage Act (DOMA) into law.

The momentum for a vote in the New York State Senate is building as Governor Andrew Cuomo has become increasingly vocal about expending his political capital to get marriage equality enacted sooner rather than later.

White House Issues Statement on U.N. LGBT Actions

FACT SHEET

Joint Statement on the Rights of LGBT Persons at the Human Rights Council 

At the United Nations Human Rights Council in Geneva 85 countries joined a Joint Statement entitled “Ending Acts of Violence and Related Human Rights Violations Based On Sexual Orientation and Gender Identity.”  This follows previous statements on the human rights of lesbian, gay, bisexual, and transgender persons issued at the United Nations, including a 2006 statement by 54 countries at the Human Rights Council, and a 2008 statement that has garnered 67 countries’ support at the General Assembly.  The United States is amongst the signatory states to both previous efforts.  The United States co-chaired the core group of countries that have worked to submit this statement, along with Colombia and Slovenia.

Key facts about the new statement:

·         A core group of over 30 countries engaged in discussions and sought signatures from other UN member states for the statement.  In many places, United States diplomats joined diplomats from other states for these conversations.

·         This statement adds new references not seen in previous LGBT statements at the UN, including:  welcoming attention to LGBT issues as a part of the Universal Periodic Review process, noting the increased attention to LGBT issues in regional human rights fora, encouraging the Office of the High Commissioner for Human Rights to continue addressing LGBT issues, and calls for states to end criminal sanctions based on LGBT status.

·         20 countries joined this statement that were neither signatory to the 2006 or 2008 statements.

·         The statement garnered support from every region of the world, including 21 signatories from the Western Hemisphere, 43 from Europe, 5 from Africa, and 16 from the Asia/Pacific region.

The full list of signatories and text of the statement follows:

Joint statement on ending acts of violence and related human rights violations based on sexual orientation & gender identity

Delivered by Colombia on behalf of: Albania, Andorra, Argentina, Armenia, Australia, Austria, Belgium, Bolivia, Bosnia, Brazil, Bulgaria, Canada, the Central African Republic, Chile, Costa Rica, Croatia, Cuba, Cyprus, the Czech Republic, Denmark, Dominica, Dominican Republic, Ecuador, El Salvador, Estonia, Fiji, Finland, France, Georgia, Germany, Greece, Guatemala,  Honduras, Hungary, Iceland, Ireland, Israel, Italy, Japan, Latvia, Lichtenstein, Lithuania, Luxembourg, the former-Yugoslav Republic of Macedonia, Malta, the Marshall Islands, Mexico, Micronesia, Monaco, Mongolia, Montenegro, Nauru, Nepal, Netherlands, New Zealand, Nicaragua, Norway, Palau, Panama, Paraguay, Poland, Portugal, Romania, Rwanda, Samoa, San Marino, Serbia, Seychelles, Sierra Leone, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Thailand, Timor-Leste, Tuvalu, the United States of America, the United Kingdom of Great Britain and Northern Ireland, Ukraine, Uruguay, Vanuatu, and Venezuela

1.      We recall the previous joint statement on human rights, sexual orientation and gender identity, presented at the Human Rights Council in 2006;

2.      We express concern at continued evidence in every region of acts of violence and related human rights violations based on sexual orientation and gender identity brought to the Council’s attention by Special Procedures since that time, including killings, rape, torture and criminal sanctions;

3.      We recall the joint statement in the General Assembly on December 18, 2008 on human rights, sexual orientation and gender identity, supported by States from all five regional groups, and encourage States to consider joining the statement;

4.      We commend the attention paid to these issues by international human rights mechanisms including relevant Special Procedures and treaty bodies and welcome continued attention to human rights issues related to sexual orientation and gender identity within the context of the Universal Periodic Review. As the United Nations Secretary General reminded us in his address to this Council at its Special Sitting of 25 January 2011, the Universal Declaration guarantees all human beings their basic rights without exception, and when individuals are attacked, abused or imprisoned because of their sexual orientation or gender identity, the international community has an obligation to respond;

5.      We welcome the positive developments on these issues in every region in recent years, such as the resolutions on human rights, sexual orientation and gender identity adopted by consensus in each of the past three years by the General Assembly of the Organization of American States, the initiative of the Asia-Pacific Forum on National Human Rights Institutions to integrate these issues within the work of national human rights institutions in the region, the recommendations of the Committee of Ministers of the Council of Europe, the increasing attention being paid to these issues by the African Commission on Human and People’s Rights, and the many positive legislative and policy initiatives adopted by States at the national level in diverse regions;

6.      We note that the Human Rights Council must also play its part in accordance with its mandate to “promote universal respect for the protection of all human rights and fundamental freedoms for all, without discrimination of any kind, and in a fair and equal manner” (GA 60/251, OP 2);

7.      We acknowledge that these are sensitive issues for many, including in our own societies. We affirm the importance of respectful dialogue, and trust that there is common ground in our shared recognition that no-one should face stigmatisation, violence or abuse on any ground.  In dealing with sensitive issues, the Council must be guided by the principles of universality and non-discrimination;

8.      We encourage the Office of the High Commissioner for Human Rights to continue to address human rights violations based on sexual orientation and gender identity and to explore opportunities for outreach and constructive dialogue to enhance understanding and awareness of these issues within a human rights framework;

9.      We recognise our broader responsibility to end human rights violations against all those who are marginalised and take this opportunity to renew our commitment to addressing discrimination in all its forms;

10.  We call on States to take steps to end acts of violence, criminal sanctions and related human rights violations committed against individuals because of their sexual orientation or gender identity, encourage Special Procedures, treaty bodies and other stakeholders to continue to integrate these issues within their relevant mandates, and urge the Council to address these important human rights issues. 

# # #

LGBT Rights Debated at United Nations

The following joint statement has been circulated about the debate at the United Nations today about the inclusion of sexual orientation and gender identity (SOGI) in the broader international human rights framework.

HUMAN RIGHTS COUNCIL, 16th Session
22 March, 2010

NGO JOINT STATEMENT ON SEXUAL ORIENTATION,
GENDER IDENTITY & HUMAN RIGHTS

Canadian HIV/AIDS Legal Network; International Service for Human Rights, Human Rights Watch, COC Netherlands, International Commission of Jurists, Lesbian and Gay Federation in Germany LSVD, International Gay and Lesbian Human Rights Commission, The Swedish Federation for Lesbian, Gay, Bisexual and Transgender Rights – RFSL, Solidaritas Perempuan (Women's Solidarity for Human Right),  Human Rights First, ILGA-Europe (European Region of the International Lesbian and Gay Association), Shirkat Gah- Women's Resource Centre, Center for Women's Global Leadership, Human Rights Council of Australia, Corporacion Humanas, LBL Denmark, International Rehabilitation Council for Torture Victims (IRCT), Association for Women's Rights in Development (AWID), International Women's Rights Action Watch Asia Pacific, Commonwealth Human Rights Initiative, OMCT.

Madame Vice-President, I am pleased to speak to issues of sexual orientation, gender identity and human rights, on behalf of 119 NGOs (21 ECOSOC-accredited) from over 60 countries (see attached list), and more than 300+ participants from 23 countries who endorsed the Joint Statement during the Asia Pacific Outgames Conference last week.

We welcome the statement on violence and related human rights violations based on sexual orientation and gender identity, delivered by Colombia on behalf of a broad grouping of 83 States from all UN regions. We also welcome the comments from the delegate from Nigeria, on behalf of the African Group that “laws that criminalize sexual orientation should be expunged.”
 
We commend the large core group of states advancing this initiative and we are particularly encouraged by the measurable increase in cross-regional support for these issues in recent years. It is hard to imagine that any State committed to human rights could disagree with the principle that States have a collective responsibility to end human rights violations against all those who are marginalized.

Numerous Special Procedures and Treaty Bodies have documented or commented on violations based on sexual orientation and gender identity, including use of the death penalty, killings, torture, criminal sanctions, police harassment, rape, beatings, and disappearances.[1]  We urge all Special Procedures, treaty bodies and other stakeholders to continue to integrate these important issues across all of their mandates.

As UN Secretary General Ban Ki Moon stated in this room in January of this year:[2]

“I understand that sexual orientation and gender identity raise sensitive cultural issues. But cultural practice can not justify any violation of human rights...(W)hen our fellow humans are persecuted because of their sexual orientation or gender identity, we must speak out…(H)uman rights are human rights everywhere, for everyone.”

And as High Commissioner stated to the Council during this session:[3]

“We are not trying to create new or special rights. We are simply trying to address the challenges that prevent millions of people from enjoying the same human rights as their fellow human beings just because they happen to be lesbian, gay, bisexual or transgender.”

In closing, Madame Vice-President, we would like to reiterate that the Council cannot simply refuse to address or discuss human rights violations against any individuals, without violating its own mandate, as provided in GA resolution 60/251. We look forward to future dialogue within this Council, with the support of those States which did not yet feel able to join the statement, but which share the concern of the international community at these systemic human rights abuses.

[1] International Commission of Jurists: http://www.icj.org/IMG/UN_references_on_SOGI.pdf.
[2] Remarks by UN Secretary General Ban Ki-moon on 25th January 2011, during a special sitting of the UN Human Rights Council:
http://www.arc-international.net/global-advocacy/generalassembly/un-sg-statement-to-hrc-on-sogi-issues-.htm
[3] Interactive Dialogue with the UN High Commissioner for Human Rights, Navi Pillay, Item 3, 16th session of the HRC.

The Obama Administration strongly supported the statement and inclusion of LGBT rights into the United Nations' purview.