Saturday, June 18, 2011

United Nations Human Rights Council's Resolution on Human Rights, 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 (L9/rev1).

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 below.

In its presentation to the Council, South Africa recalled 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 recognises the legitimacy of their work.

From the International Service for Human Rights

A PDF to the resolution is in the article at the link, but here's the text of the resolution:

The Human Rights Council ,

Recalling the universality, interdependence, indivisibility and interrelatedness of human rights as enshrined in the Universal Declaration of Human Rights and consequently elaborated in other human rights instruments, such as the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and other relevant core human rights instruments,

Recallling also that the Universal Declaration of Human Rights 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 set forth in that Declaration, 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;

Recalling further General Assembly resolution 60/251 of 15 March 2006, in which the Assembly stated that the Human Rights Council should be responsible for promoting universal respect for the protection of all human rights and fundamental freedoms for all,without distinction of any kind and in fair and equal manner,

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 convene 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 practices 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.

Those in favor of the resolution are (23 total):
Argentina; Belgium; Brazil; Chile; Cuba; Ecuador; France; Guatemala; Hungary; Japan; Mauritius; Mexico; Norway; Poland; Republic of Korea; Slovakia; Spain; Switzerland; Thailand; Ukraine; United Kingdom; United States and Uruguay

Those against are (19):
Against (19): Angola; Bahrain; Bangladesh; Cameroon; Djibouti; Gabon; Ghana; Jordan; Malaysia; Maldives; Mauritania; Nigeria; Pakistan; Qatar; Republic of Moldova; Russian Federation; Saudi Arabia; Senegal and Uganda.

And abstentions (3): Burkina Faso, China and Zambia

Some reactions to the draft resolution before the vote are below (taken from here, about 2/3 of the way down):

JERRY MATTHEWS MATJILA (South Africa), introducing draft resolution L.9 Rev 1, said that dialogue was an extremely powerful tool when dealing with a difficult subject matter. Persons should not be subjected to discrimination or violence based on their sexual orientation or gender identity. The resolution did not seek to impose values on Members States but sought to initiate a dialogue which would contribute to ending discrimination and violence based on sexual orientation, gender identity or gender identity. In South African non-discrimination on the basis of sexual orientation and gender identity was constitutionally protected. Despite this there were still challenges relating to violence against such individuals. South Africa believed that intergovernmental dialogue could find ways to address this subject. Further, although South Africa was a predominantly Christian society, all religions were treated the same; and although South Africa was predominantly a black country, all racial groups enjoyed equal rights. It further noted in relation to apartheid that when some were imprisoned moral and political support was received from all sections of the world; South Africans never said that they could not accept support on the basis of gender identify. South Africa stressed that the United Nations was the common parliament for the international community and as such it should discuss complex and difficult issues. The resolution called for the UN Human Rights Council to offer an opportunity to the international community to have a factual based dialogue relating to discrimination against those who had different sexual orientation or gender identity. South Africa requested that the Commission put together a fact based study, the outcome of which should form the basis of the discussion in 2012. South Africa noted that the co-sponsors for the draft resolution were Brazil United Kingdom, Uruguay, Germany, Serbia, United States, Denmark, Netherlands, Italy, Ireland, Switzerland, Israel Canada, France, Czech Republic Australia, Austria, Croatia, Luxemburg, Portugal, Argentina, and Greece.

MARIA NAZARETH FARANI AZEVEDO (Brazil), also introducing draft resolution L.9 Rev. 1, congratulated South Africa for its leadership on this initiative and the constructive and transparent work on this draft resolution. This was the spirit that presided over work on draft resolution L.9 Rev. 1. The resolution reflected the aspiration of the Universal Declaration on Human Rights that all human beings are born with equal dignity and rights and the importance of condemning discrimination on the basis of sexual orientation. Brazil reiterated the importance of discussing perspectives; it was high time to move from perspectives to improve understanding on the basis of transparent dialogue. This was the proposal contained in this draft resolution which aimed at creating a place for dialogue, promoting a better understanding and contributing to make the commitment to ensure respect for human rights a reality.

SHAFQAT ALI KHAN (Pakistan), speaking on behalf of the Organization of the Islamic Conference in an explanation of the vote before the vote, said that the Organization of the Islamic Conference was very concerned that the Council had chosen to discuss very controversial notions contained in the L.9 Rev 1 on human rights, sexual orientation and gender identity. The Organization of the Islamic Conference was very concerned about attempts to include in this forum notions that had no basis in international law and international legal and human rights standards. The Organization of the Islamic Conference noted with concern the attempts to create new standards and include notions that had never been agreed before. The international community had agreed during the Vienna Conference that while considering human rights, national, regional and cultural specificities would be taken into account. The draft resolution L.9 Rev 1 would divert the attention of the Council from other important issues. The Organization of the Islamic Conference would call for a vote on this draft resolution and would vote against it.

ABDULWAHAB ABDULSALAM ATTAR (Saudi Arabia), speaking in an explanation of the vote before the vote on L.9 Rev.1, said the draft resolution was not in line with internationally agreed human rights principles. It was not appropriate to impose these values on other countries. Cultural and religious considerations should be taken into account. It was not appropriate to impose values without considering them as counter to Sharia in Islam, and other religions.

JUAN JOSE GOMEZ CAMACHO (Mexico) speaking in explanation of the vote before the vote on L.9 Rev.1, expressed the deepest appreciation to the co-sponsors of the resolution. Mexico recognized the fact that the question of sexual orientation undoubtedly represented a series of difficulties, polemics and arguments and was closely linked to culture and practices in society around the world. It was an issue that faced controversies. For Mexico, what was being discussed should be seen in relation to something else, not the imposition of values, not something linked to changing cultural practices or condemning or condoning individual cultural practice. It was a question of non-discrimination, not a new subject in the Council. Non-discrimination on grounds of race and religion and non-discrimination against women, the elderly and those with disabilities were values that stood fully recognized by all. Non-discrimination on grounds of sexual orientation was the same thing. Mexico did not share the views of colleagues that the Council would be imposing non-recognized rules. This was a human right. For that reason and with the utmost respect for other Member States, Mexico supported with complete conviction the draft resolution. Needless to say, Mexico would vote in favor of the resolution.

EILEEN CHAMBERLAIN (United States), speaking in an explanation of the vote after the vote on L.9 Rev.1, said the United States was thrilled to join South Africa and other Member States on this resolution. The Universal Declaration on Human Rights was the first full affirmation that all people should enjoy full rights and freedoms. An important step forward was made in recognizing that human rights were universal. Violence against any person on grounds of sexual orientation was a violation of human rights. The right to choose who to love was sacred. Each human deserved protection from violence. Moving forward with this resolution confirmed the aspiration to attain the best of human nature. The United States thanked the South African Government and its Ambassador for the consultative approach taken and its stunning leadership and looked forward to cooperation in implementing this exceptional step forward.

EDIT: I've cut down on the statements made by member nations as it was a lot of text. I've cut it down to the nation that brought the resolution up (South Africa), two in support of the resolution (Brazil and Mexico), two against (Pakistan and Saudi Arabia), and the US' reaction.

Source: http://feedproxy.google.com/~r/LittleGreenLinks/~3/kEO72Z4WDA4/250223_

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