Monday, December 15, 2008

UN General Assembly statement


UN statement on decriminalising homosexuality and supporting LGBT human rights There are a number of new developments: The UN "declaration" is being called a "statement" and technically (in UN terms) is it a statement not a declaration, so it is best to call it a statement in any publicity or media coverage.

The statement is finalised, so the US and other countries cannot claim that it is not finalised and use this as an excuse to explain their non-signature (a copy of the UN statement follows below). Please note that the recommendations of the UN statement include more than the decriminalisation of homosexuality: As well as seeking the decriminalisation of same-sex acts, the statement also condemns all human rights violations based on sexual orientation and gender identity, urges countries to protect the human rights of LGBT people and to bring to justice those who violate these rights, and calls for human rights defenders who oppose homophobia and transphobia to be allowed to carry out their humanitarian work unimpeded. A list of supporting countries (as of now) is below.

Contrary to earlier reports, Australia and Venezuela have signed. Guinea-Bissau was thought to have agreed but has, in fact, not yet signed up. It probably will sign but this is not 100% certain. France may not now present and read the statement to the UN General Assembly. It might instead hand this task to a developing country (so the statement does not seem a purely western initiative).


CONFIRMED SIGNATORIES SO FAR - MORE PENDING According to Human Rights Watch, these countries have signed so far:

Andorra, Argentina, Armenia, Australia, Austria, Belgium, Bosnia and Herzegovina, Brazil, Bulgaria, Canada, Cape Verde, Central African Republic, Chile, Croatia, Cyprus, Czech Republic, Denmark, Ecuador, Estonia, Finland, France, Gabon, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Mexico, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, The Former Yugoslav Republic of Macedonia, United Kingdom, Uruguay, Venezuela.


FULL TEXT OF THE UN STATEMENT


We have the honour to make this statement on human rights, sexual orientation and gender identity on behalf of [.] 1 - We reaffirm the principle of universality of human rights, as enshrined in the Universal Declaration of Human Rights whose 60th anniversary is celebrated this year, Article 1 of which proclaims that "all human beings are born free and equal in dignity and rights"; 2 - We reaffirm that everyone is entitled to the enjoyment of human rights without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, as set out in Article 2 of the Universal Declaration of Human Rights and Article 2 of the International Covenants on Civil and Political, Economic, Social and Cultural Rights, as well as in article 26 of the International Covenant on Civil and Political Rights; 3 - We reaffirm the principle of non-discrimination which requires that human rights apply equally to every human being regardless of sexual orientation or gender identity; 4 - We are deeply concerned by violations of human rights and fundamental freedoms based on sexual orientation or gender identity; 5 - We are also disturbed that violence, harassment, discrimination, exclusion, stigmatisation and prejudice are directed against persons in all countries in the world because of sexual orientation or gender identity, and that these practices undermine the integrity and dignity of those subjected to these abuses; 6 - We condemn the human rights violations based on sexual orientation or gender identity wherever they occur, in particular the use of the death penalty on this ground, extrajudicial, summary or arbitrary executions, the practice of torture and other cruel, inhuman and degrading treatment or punishment, arbitrary arrest or detention and deprivation of economic, social and cultural rights, including the right to health; 7 - We recall the statement in 2006 before the Human Rights Council by fifty four countries requesting the President of the Council to provide an opportunity, at an appropriate future session of the Council, for discussing these violations; 8 - We commend the attention paid to these issues by special procedures of the Human Rights Council and treaty bodies and encourage them to continue to integrate consideration of human rights violations based on sexual orientation or gender identity within their relevant mandates; 9 - We welcome the adoption of Resolution AG/RES. 2435 (XXXVIII-O/08) on "Human Rights, Sexual Orientation, and Gender Identity" by the General Assembly of the Organization of American States during its 38th session in 3 June 2008; 10 - We call upon all States and relevant international human rights mechanisms to commit to promote and protect human rights of all persons, regardless of sexual orientation and gender identity; 11 - We urge States to take all the necessary measures, in particular legislative or administrative, to ensure that sexual orientation or gender identity may under no circumstances be the basis for criminal penalties, in particular executions, arrests or detention. 12 - We urge States to ensure that human rights violations based on sexual orientation or gender identity are investigated and perpetrators held accountable and brought to justice; 13 - We urge States to ensure adequate protection of human rights defenders, and remove obstacles which prevent them from carrying out their work on issues of human rights and sexual orientation and gender identity. ACTION ALERT The presentation of the statement for the worldwide decriminalisation of homosexuality and for the human rights of LGBT people is now expected to take place at the UN General Assembly between 15 and 20 December. This means there is still time to lobby governments to sign up and support it.

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