Chilean President Offers Civil Unions Bill

Great news from South America. The President of Chile, Sebastián Piñera, has introduced legislation to legalize same-sex civil unions.

AFP reports:

"All forms of marriage deserve respect, dignity and the support of the state," said President Sebastian Pinera, who signed the proposal and sent it to Congress.

"This puts opposite-sex and same-sex couples on the same footing, because in both cases it is possible to develop love, affection and respect."

Pinera, who brought conservatives to power after 20 years of center-left rule in the country, grated on his own election campaign when he announced his intention to legalize civil unions for gay couples. He said two million people in Chile live together without marrying.

But the president has repeatedly stressed his opposition to gay marriage.

"I deeply believe that marriage is by nature between a man and a woman, but that conviction does not prevent me from recognizing that other forms of affective relationships exist," he said.

The law would permit gay couples who join into a civil union to have access to inheritance and other social benefits.

Chile is reportedly 80% Catholic and did not legalize divorce until 2004(!). However, Argentina is next door and legalized marriage equality for same-sex coupes in July 2010.

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.

Recent media profiles of same-sex binational "Love Exiles"

Max Oliva, left and Jesse Goodman have left the United States
 in order to remain together

The Los Angeles Times is just one of several West Coast-based newspapers which have been doing stories on the impact of the Defense of Marriage Act recently.

On Monday, the Times published "Same-sex couples find rough road to immigration." A key excerpt:

When Jesse Goodman and his Argentine fiance left the United States in 2006 after an unsuccessful immigration battle, they expected that one day they would be able to return home to New York.


Goodman and Max Oliva had become used to finding temporary ways to be together. They had fallen in love quickly and planned on marrying but soon learned that, unlike similar situations with straight couples, their relationship wouldn't help Oliva stay in the country.


For a time, they relied on a mix of work permits and tourist visas to stay together. When the last permit was set to expire five years ago, they decided it was best to leave the U.S.


"We ran out of options," Goodman said.


While straight American citizens can obtain green cards for their spouses and fiances, the Defense of Marriage Act has precluded same-sex couples from receiving the same benefits.


In February, the couple was encouraged when the Obama administration announced it would no longer defend the act in court, saying it violates the Constitution's equal protection clause, a conclusion that two federal district courts had reached in 2009.


The announcement that the Obama administration would no longer defend the law was applauded by gay and lesbian activists.


But the administration has sent mixed signals about its intent to enforce the law, which has led to some confusion among same-sex couples as they try to navigate the immigration system.


Rather than continue waiting for a resolution to that issue, Goodman and Oliva decided to move forward with trying to return to the U.S. by filing a fiance visa petition for Oliva.


The couple expects that it will be denied. But they are prepared to go to court.


"I think we're right," Oliva said. "We're fighting against something that is unfair."

In addition to the Los Angeles Times, the San Francisco Chronicle also ran an article about a binational couple facing deportation. Theirs was titled "Defense of Marriage Act threatens his citizenship."

An excerpt:

Bradford Wells, a U.S. citizen, and Anthony John Makk, a citizen of Australia, have spent the last 19 years together, mostly in an apartment in San Francisco's Castro district. 

Makk gave up his career, started a business in San Francisco and invested in rental property, all to be with Wells and meet various visa requirements. Seven years ago, they married in Massachusetts. 

Starting June 13, Makk, 48, faces possible deportation if he remains in the country illegally when his current visa expires. If he leaves, he would not be readmitted, the couple would be all but permanently separated and Wells, who has severe health complications from AIDS, would be left without his spouse and sole caregiver. 

"We're at the end of our rope," said Wells, 55. "Ever since we met, all we've tried to do is be together. The focal point of our lives, everything we've done, is just so we could be together."

Law denies benefits

They face this quandary because the 1996 Defense of Marriage Act denies all federal benefits, including spousal immigration preferences, to same-sex couples. If Wells and Makk were heterosexual, they could apply for an I-130 visa, or spousal petition, which could allow Wells to sponsor Makk for permanent U.S. residency. 

President Obama and Attorney General Eric Holder said in February that they believe the Defense of Marriage Act is unconstitutional and would no longer defend it in court, but the administration is enforcing the law as required until it is repealed or struck down by the courts. It is under challenge in several states and will probably be decided by the Supreme Court. 

"It's devastating, the idea of him leaving in a couple of weeks and not being able to get back in," Wells said. After suffering a near-fatal heart attack and severe arthritis in his hips, Wells said he is unable to care for himself. "I don't know how I'm going to manage," he said. "My stomach is in knots." 

An estimated 54,000 bi-national same-sex couples live in the United States, according to the Williams Institute, a pro-gay think tank at UCLA. Not all of them are married.

Of course, frequent readers know that I myself am part of a binational couple, but was able to become a United Citizen through familial relationships in 2003. I'm on the board of directors of Immigration Equality, the national LGBT immigration advocacy group.

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.

Today is International Day Against Homophobia

The International Day Against Homophobia (IDAHO) is May 17. It is an international campaign designed to highlight the effects of homophobia and transphobia. May 17th was picked because it was the day that the World Health Organisation officially declassified homosexuality as a disease. Today is also the seventh anniversary of the day that same-sex couples could get legally married for the first time in the United States, when Goodridge went in effect in Massachusetts.

U.S. Secretary of State Hillary Clinton issued a statement in support of IDAHO:

In every part of the world, men and women are persecuted and attacked because of who they are or whom they love. Homophobia, transphobia and the brutal hostility associated with them are often rooted in a lack of understanding of what it actually means to be lesbian, gay, bisexual, or transgender (LGBT). So to combat this terrible scourge and break the cycle of fear and violence, we must work together to improve education and support those who stand up against laws that criminalize love and promote hate. As we mark the International Day Against Homophobia and Transphobia this May 17, let us resolve to redouble our efforts. 

On behalf of President Obama and the people of the United States, I am proud to reaffirm our support for LGBT communities at home and abroad, and to call for an end to discrimination and mistreatment of LGBT persons wherever it occurs. Whether by supporting LGBT advocates marching in Belgrade, leading the effort at the United Nations to affirm the human rights of LGBT persons, or condemning a vile law under consideration in Uganda, we are committed to our friends and allies in every region of the world who are fighting for equality and justice. These are not Western concepts; these are universal human rights. 

Despite these gains and hard work, there is more to do to turn the tide of inequality and discrimination against the LGBT community. If you are lesbian, gay, bisexual or transgender, know that the United States stands with you and we are unwavering in our commitment to ending this cycle of hate.

Take a moment today to think about doing something to reduce prejudice against the LGBT community around the world.

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.

Brazil High Court Legalizes Civil Unions

There is good news from Brazil! The largest country in South America's highest court voted unanimously on Friday to legalize civil unions for same-sex couples.

From Reuters:

The court ruled that gay couples deserve the same legal rights as heterosexual pairs when it comes to alimony, retirement benefits of a partner who dies and inheritances, among other issues.

In Latin America, gay marriage is legal only in Argentina and Mexico City.

Same-sex civil unions granting some rights to homosexual couples are legal in Uruguay and in some states of Mexico outside the capital. Colombia's Constitutional Court has granted same-sex couples inheritance rights and allowed them to add their partners to health insurance plans.

Brazil's ruling sets a judicial precedent that must be honored by all public institutions, including notary publics where civil unions must be registered.

"This is a historic moment for all Brazilians, not just homosexuals. This judgment will change everything for us in society — and for the better," said Marcelo Cerqueira with the gay rights group Grupo Gay da Bahia. "Gays, lesbians and transsexuals will be recognized as being more human. We'll be more accepted by having our rights honored."

Very interesting! I guess I will have to bump Brazil higher on the list of the countries I want to visit. (i'm only going to countries which recognize LGBT civil rights.)

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."

WATCH: Obama Tells The World 'Osama Is Dead'

POLL: NDP In Dead Heat With Tories In Canada Election

There are two new polls released Sunday which demonstrate that the perennial third party in Canadian politics has a fairly good chance of being first in the Monday May 2nd federal election.

Here is the Ekos poll:

May 1, 2011

National Federal Vote Intention
(committed voters only)

34.8% Conservative Party of Canada
32.4% New Democratic Party
20.4% Liberal Party of Canada
 5.7% Bloc Québécois
 5.6% Green Party of Canada

n=2,988

Here is the Forum research poll:

May 1, 2011

National Federal Vote Intention

35% Conservative Party of Canada
33% New Democratic Party
19% Liberal Party of Canada

However, as social democrat notes at DailyKos.com, this does not mean that NDP will end the election with  enough seats to lead the next Canadian government, due to the vagaries of the first-past-the-post parliamentary system.

First Openly Gay Politician Elected in Japan

Taiga Ishikawa, 36, has become the first openly gay person elected to public office in Japan.

Acording to Agence France Press:

"I hope my election victory will help our fellows nationwide to have hope for tomorrow, as many of them cannot accept themselves, feel lonely and isolated and even commit suicide," he told AFP.

Ishikawa, 36, won a seat in a Tokyo ward assembly in local elections on Sunday. Prior to his victory, no openly homosexual politician had won office in Japan.

[...]

Ishikawa disclosed that he is gay in his autobiographical "Boku No Kareshi Wa Doko Ni Iru" (Where Is My Boyfriend?)," published in 2002.

"Many readers of my book told me that they are isolated and the situation I wrote about in the book is so similar to theirs. So I started to host events that offer opportunities to have links with friends," Ishikawa said.

He founded the non-profit organisation "Peer Friends", which hosts events in Japanese cities to provide young gay men with opportunities to meet other gays.

Since February 2010, he has served as a private secretary to Mizuho Fukushima, the leader of the Social Democratic Party, a small opposition group.

It still amazes me that we are recognizing historic firsts in the LGBT community in 2011.

Hat/tip to TowleRoad.

CANADA: Progressives Now In 2nd, Polls Say

Canada is in the midst of their "snap elections: with voters going to the polls on Monday May 2. The current government is run by the Conservative party, with the Liberals being the official opposition. Previously, the Liberals held power in Canada for over a decade, losing power in 2006, with Stephen Harper becoming Prime Minister at the head of a minority government.

But,  now, a week before the next countrywide election, the New Democratic Party (NDP) is outpolling the Liberal party and could potentially form a government in coalition with the Green Party. Conventional wisdom has been that "NDP could never win" so most non-Conservatives outside of Quebec have generally been forced to vote for the Liberal party while holding their nose. This is a similar situation to what happens in the United kingdom with the three parties being the Conservatives (Tories), Labour and the Liberal Democrats. In last year's elections the Conservatives and LDP formed a Coalition government to replace more than a decade of Labour-led British governments. This was the first time in generations the perennial third party LDP had a meaningful role in government. Now it looks like that story may be repeating in Canada.

MadProfessah spent some time in Canada earlier this year and am something of a Canada-phile. I'll be looking at their election results next week with great interest!

Ireland Civil Partnerships Go Into Effect

Hugh Walsh (l) and Barry Dignam are Ireland's first same-sex couple
to be registered after the country's registered partnership measure went into effect Monday April 4th.

 Ireland has joined other European Union countries (Austria, Czech Republic, Denmark, Finland, France, Germany, Hungary, Luxembourg, Slovenia and the United Kingdom) in allowing same-sex couples to register their civil partnerships with the state, obtaining almost all the rights and responsibilities of married couples. The equivalent legal context in the United States to a European "civil or registered partnership" is a civil union or comprehensive domestic partnership.

The first couple to be registered is Hugh Walsh and Barry Dignam, as the Irish Times reports:

Yet today, 17 years after they started going out, they will become the public face of civil partnership in Ireland as one of the first couples to be joined under legislation which came into effect on January 1st. 

[...] 

Mr Dignam admitted that when the couple originally found out that they were to be the first gay couple who were to avail of the new regime without first seeking an exemption to do so, they did consider postponing the ceremony given the media attention that would inevitably follow. 

“We did have an opportunity to move the date but we felt that we would have been cheating [gay] people who had been through an awful lot of hardship – those who had been ridiculed and even jailed in the past,” he said. 

Although both Mr Dignam and Mr Walsh are in favour of full gay marriage rights, they hope that this too may happen in time. 

“This change is a pretty sizeable change although it is a pity it’s not full marriage,” he said, adding that there are those in the gay community who believe strongly that civil partnership does not go far enough. 

“They are right as well. Anything which is not equality is not equal,” he said, but added that he does not believe, like some, that civil partnership should be boycotted and would see himself as an incrementalist.

Congratulations to Hugh and Barry!

Map Of Average Penis Size Around The World

This map illustrating the geographical distribution of average penis size by country has been whipping around the blogosphere recently.

Since all anyone cares about is the biggest and the smallest, here ya go:

The five most well-endowed nations are:The United States ranks somewhere in the lower-middle of the world penis-size rankings. The average American man has a penis length of 5.1 inches. South Korea is the most poorly endowed nation, coming in at 3.9 inches. Cambodia, Thailand, India, and Burma round out the bottom five.

Hmmm, maybe I need to plan another trip to South America (where Ecuador, Colombia and Venezuela are) sooner rather than later....

Remember these are average sizes, so in any population there will be a normal distribution around this average. What we really need to know is how was this information collected (by outside observer or self-reporting) and what's the standard deviation for each number.

I think if most well-travelled gay men were to give their ranking of average penis size by country some other nations would make the top 5. Jus' sayin'.

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.

O, Canada! House of Commons Passes Transgender Rights Bill

The LGBT blogosphere is buzzing with the news that Canada's House of Commons by a vote of 143-135 has narrowly passed a bill banning discrimination on the basis of gender identity or gender expression.

The entire NDP and Bloc Quebecois caucuses and six Conservative members voted in favour of Bill C-389, allowing it to pass with a vote of 143-135 in the House of Commons Wednesday night. Some Liberals voted against the bill while others abstained.

The private member’s bill is now handed to the Senate — where the Conservatives have a majority — where it must pass before becoming law.

In terms of votes, the unelected Senate has historically followed the lead of its elected counterpart. But late last year, members of the upper chamber came under fire when they defied the opinion of majority of the House, and defeated an environmental bill.

The Leader of the Government in the Senate, Marjory LeBreton, said the bill will be treated the same way it was in the House, and “sees no evidence at all” to indicate any party lines will be taken.

The bill, sponsored by NDP MP Bill Siksay, would prohibit discrimination on the basis of gender identity and expression through adding “gender identity” and “gender expression” to the list of prohibited grounds for discrimination in the Canada Human Rights Act, and through adding transgendered and transsexual Canadians as identifiable groups in the Criminal Code’s hate crimes law.

It is very notable that an LGBT-supportive country like Canada, which legalized marriage equality way back in 2005, has only been able to get a bill passed through one house of the legislature banning anti-transgender discrimination in 2011. Here in the United States we are nowhere near to a national legal consensus on marriage equality and we haven't been able to pass a bill banning discrimination on the basis of sexual orientation despite trying since 1973! There are only 12 states which include the T in their LGB anti-discrimination laws.

And it is looking more and more unlikely that Canada's gender identity non-discrimination bill will become law this year:

Critics have dubbed the legislation “the bathroom bill,” claiming it would allow male sexual predators to invade women’s washrooms and change rooms.

[...]

The Conservatives, who have a majority in the Red Chamber, have adopted the tactic of using the Senate to block private-members’ bills passed by the House of Commons that don’t accord with the government’s agenda.

Legislation to force the government to act on climate change was defeated last year, while bills requiring Supreme Court judges to be bilingual, providing tax credits for university graduates who work in certain regions and offering restitution for Italian Canadians interned during the Second World War, lie in limbo.

Since Prime Minister Stephen Harper does not support the transgendered-rights legislation, it will doubtless face similar purgatory when it arrives in the Senate.

And with prospects for a spring election increasing, because opposition parties can’t bring themselves to support the upcoming budget, any legislation that isn’t on the brink of royal assent is likely to perish.

Hopefully if there's a Spring election, there will be a change in Governments from the Conservatives to the Liberals.

Hillary Clinton Issues Statement on Murder of Uganda LGBT Activist

David Kato, a well-known Ugandan gay activist, was found murdered in his home

United States Secretary of State Hillary Clinton has issued a statement about the murder of Ugandan gay activist David Kato and called the President of Uganda Yoweri Museveni

We are profoundly saddened by the loss of Ugandan human rights defender David Kato, who was brutally murdered in his home near Kampala yesterday. Our thoughts and prayers are with his family, friends, and colleagues. We urge Ugandan authorities to quickly and thoroughly investigate and prosecute those responsible for this heinous act. 

David Kato tirelessly devoted himself to improving the lives of others. As an advocate for the group Sexual Minorities Uganda, he worked to defend the rights of lesbian, gay, bisexual, and transgender individuals. His efforts resulted in groundbreaking recognition for Uganda's LGBT community, including the Uganda Human Rights Commission's October 2010 statement on the unconstitutionality of Uganda's draft "anti-homosexuality bill" and the Ugandan High Court's January 3 ruling safeguarding all Ugandans' right to privacy and the preservation of human dignity. His tragic death underscores how critical it is that both the government and the people of Uganda, along with the international community, speak out against the discrimination, harassment, and intimidation of Uganda's LGBT community, and work together to ensure that all individuals are accorded the same rights and dignity to which each and every person is entitled.
Everywhere I travel on behalf of our country, I make it a point to meet with young people and activists -- people like David -- who are trying to build a better, stronger future for their societies. I let them know that America stands with them, and that their ideas and commitment are indispensible to achieving the progress we all seek. 

This crime is a reminder of the heroic generosity of the people who advocate for and defend human rights on behalf of the rest of us -- and the sacrifices they make. And as we reflect on his life, it is also an occasion to reaffirm that human rights apply to everyone, no exceptions, and that the human rights of LGBT individuals cannot be separated from the human rights of all persons. 

Our ambassadors and diplomats around the world will continue to advance a comprehensive human rights policy, and to stand with those who, with their courage, make the world a more just place where every person can live up to his or her God-given potential. We honor David’s legacy by continuing the important work to which he devoted his life.

The New York Times has more coverage of David Kato's death. Their article has a lot of information on his significance as an LGBT rights activist in Africa:

In October, a Ugandan newspaper called Rolling Stone (with a circulation of roughly 2,000 and no connection to the American music magazine) published a story that included photos and whereabouts of gay people, including several well-known activists like Mr. Kato.

The paper said gay people were raiding schools and recruiting children, a belief that is quite widespread in Uganda and has helped drive the homophobia.

Mr. Kato and a few other gay activists sued the paper and won. This month, Uganda’s High Court ordered Rolling Stone to pay hundreds of dollars in damages and to cease publishing the names of people it said were gay.

But the danger remained.

“I had to move houses,” said Stosh Mugisha, a woman who is going through a transition to become a man. “People tried to stone me. It’s so scary. And it’s getting worse.”

On Thursday, Giles Muhame, Rolling Stone’s managing editor, said he did not think Mr. Kato’s killing had anything to do with what his paper had published.

“There is no need for anxiety or for hype,” he said. “We should not overblow the death of one.”

That one man was considered a founding father of Uganda’s nascent gay rights movement. In an interview in 2009, Mr. Kato shared his life story, how he was raised in a conservative family where “we grew up brainwashed that it was wrong to be in love with a man.”

He was a high school teacher who had graduated from some of Uganda’s best schools and he moved to South Africa in the mid 1990s, where he came out. A few years ago, he organized what he claimed was Uganda’s first gay rights news conference in Kampala, Uganda’s capital, and said he was punched in the face and cracked in the nose by policemen soon afterwards.

Friends said that Mr. Kato had recently put an alarm system in his house and was killed by an acquaintance, someone who had been inside several times before and was seen by neighbors on Wednesday. Mr. Kato’s neighborhood on the outskirts of Kampala is known as a rough one, where several people have recently been beaten to death with iron bars.