LGBT rights at the United Nations
Discussions of LGBT rights at the United Nations have mainly centered around resolutions in the General Assembly and the United Nations Human Rights Council regarding the topic. In the General Assembly, a proposed resolution supporting LGBT rights originally submitted in its first form in 2008 by French/Dutch representatives, backed by the European Union, remains open for signature, with ninety-four countries having signed thus far. In the United Nations Human Rights Council another resolution supporting LGBT rights, proposed by South Africa, was successfully passed in 2011.
Since its founding in 1945, the United Nations had not discussed LGBT rights (regarding equality regardless of sexual orientation or gender identity) until December 2008, when a Dutch/French-initiated, European Union-backed statement was presented to the United Nations General Assembly. The statement, originally intended to be adopted as resolution, prompted an Arab League-backed statement opposing it. Both statements remain open for signature and neither of them has been officially adopted by the United Nations General Assembly.
The proposed declaration includes a condemnation of violence, harassment, discrimination, exclusion, stigmatization, and prejudice based on sexual orientation and gender identity that undermine personal integrity and dignity. It also includes condemnation of killings and executions, torture, arbitrary arrest, and deprivation of economic, social, and cultural rights on those grounds. In the declaration text, para 7 that "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." and para 8 that "we commend the attention paid to those 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 and gender identity within their relevant mandate.", indicate The Yogyakarta Principles which provide definitions in detail on sexual orientation and on gender identity as a document on international human rights law.
On June 17, 2011, South Africa initiated a resolution in the United Nations Human Rights Council requesting the United Nations High Commissioner for Human Rights to draft a report detailing the situation of LGBT citizens worldwide to follow up and implementation of the Vienna Declaration and Programme of Action. The resolution passed 23 to 19 with the three abstentions being Burkina Faso, China, and Zambia. It was the first such resolution and was hailed as "historic."
The report, which came out in December 2011, documented violations of the rights of LGBT people, including hate crime, criminalization of homosexuality, and discrimination. High Commissioner Navi Pillay called for the repeal of laws criminalizing homosexuality; equitable ages of consent; comprehensive laws against discrimination based on sexual orientation; prompt investigation and recording of hate crime incidents; and other measures to ensure the protection of LGBT rights. The text of the report from the Human Rights Commission is dated on 17 November 2011.
Same-sex relationships are currently illegal in 76 countries and punishable by death in five. In the 1980s, early United Nations reports on the AIDS-HIV pandemic made some reference to homosexuality, and the 1986 Human Freedom Index did include a specific question, in judging the human rights record of each nation, with regards to the existence of criminal laws against homosexuality.
In its 1994 decision in Toonen v. Australia, The UN Human Rights Committee, which is responsible for the International Covenant on Civil and Political Rights (ICCPR), declared that such laws are in violation of human rights law.
In 2003 a number of predominantly European countries put forward the Brazilian Resolution at the UN Human Rights Commission stating the intention that lesbian and gay rights be considered as fundamental as the rights of all human beings.
In 2006, with the effort of its founder, Louis George Tin, International Day Against Homophobia (IDAHO) launched a worldwide campaign to end the criminalisation of same-sex relationships. The campaign was supported by dozens of international public figures including Nobel laureates, academics, clergy and celebrities.
Following meetings between Tin and French Minister of Human Rights and Foreign Affairs Rama Yade in early 2008, Yade announced that she would appeal at the UN for the universal decriminalization of homosexuality; the appeal was quickly taken up as an international concern.
Co-sponsored by France, which then held the rotating presidency of the European Union, and The Netherlands on behalf of the European Union, the declaration had been intended as a resolution; it was decided to use the format of a declaration of a limited group of States because there was not enough support for the adoption of an official resolution by the General Assembly as a whole. The declaration was read out by Ambassador Jorge Argüello of Argentina on 18 December 2008, and was the first declaration concerning gay rights read in the General Assembly.
General Assembly resolution and Declaration
Several speakers addressing a conference on the declaration noted that in many countries laws against homosexuality stemmed as much from the British colonial past as from alleged religious or tradition reasons.
Voicing France's support for the draft declaration, Rama Yade asked: "How can we tolerate the fact that people are stoned, hanged, decapitated and tortured only because of their sexual orientation?"
"This was history in the making… Securing this statement at the UN is the result of an inspiring collective global effort by many LGBT and human rights organisations. Our collaboration, unity and solidarity have won us this success. As well as IDAHO, I pay tribute to the contribution and lobbying of Amnesty International; ARC International; Center for Women's Global Leadership; COC Netherlands; Global Rights; Human Rights Watch; International Committee for IDAHO (the International Day Against Homophobia); International Gay and Lesbian Human Rights Commission (IGLHRC); International Lesbian and Gay Association (ILGA); International Service for Human Rights; Pan Africa ILGA; and Public Services International."
94 member-states of the United Nations have sponsored the declaration in support of LGBT rights in either the General Assembly, the Human Rights Council, or in both. Sponsoring nations are listed below.
Among the first to voice opposition for the declaration, in early December 2008, was the Holy See's Permanent Observer at the United Nations, Archbishop Celestino Migliore, who claimed that the declaration could be used to force countries to recognise same-sex marriage:
"If adopted, they would create new and implacable discriminations. For example, states which do not recognise same-sex unions as 'matrimony' will be pilloried and made an object of pressure."
"In particular, the categories 'sexual orientation' and 'gender identity', used in the text, find no recognition or clear and agreed definition in international law. If they had to be taken into consideration in the proclaiming and implementing of fundamental rights, these would create serious uncertainty in the law as well as undermine the ability of States to enter into and enforce new and existing human rights conventions and standards."
However, Archbishop Migliore also made clear the Vatican's opposition to legal discrimination against homosexuals: "The Holy See continues to advocate that every sign of unjust discrimination towards homosexual persons should be avoided and urges States to do away with criminal penalties against them."
In an editorial response, Italy's La Stampa newspaper called the Vatican’s reasoning "grotesque", claiming that the Vatican feared a "chain reaction in favour of legally recognised homosexual unions in countries, like Italy, where there is currently no legislation."
The United States, citing conflicts with US law, originally opposed the adoption of the nonbinding measure, as did Russia, China, the Holy See, and members of the Organisation of Islamic Cooperation. The Holy See's Permanent Observer Mission issued a statement saying that the draft declaration "challenges existing human rights norms." The Obama administration changed the US position to support the measure in February 2009.
An alternative statement, supported by 57 member nations, was read by the Syrian representative in the General Assembly. The statement, led by the Organization of the Islamic Conference, rejected the idea that sexual orientation is a matter of genetic coding and claimed that the declaration threatened to undermine the international framework of human rights, adding that the statement "delves into matters which fall essentially within the domestic jurisdiction of states" and could lead to "the social normalization, and possibly the legitimization, of many deplorable acts including paedophilia."(although scientific research has shown that neither heterosexuals nor homosexuals are any more likely to inflict child abuse) The Organization failed in a related attempt to delete the phrase "sexual orientation" from a Swedish-backed formal resolution condemning summary executions, although recently the phrase was removed with 79 votes to 70, and then subsequently restored by a vote of 93 to 55.
57 UN member nations had initially co-sponsored the opposing statement in 2008:
Some of these countries later switched their position to support the original resolution backing LGBT rights in 2011, leaving 54 countries as continued sponsors of the statement opposing LGBT rights. The countries which removed themselves as co-sponsors of the statement opposing LGBT who all subsequently switched to sponsoring the statement supporting LGBT rights are specifically noted below.
UN Human Rights Council Resolution and Discussion
A resolution submitted by South Africa requesting a study on discrimination and sexual orientation (A/HRC/17/L.9/Rev.1) passed, 23 to 19 with 3 abstentions, in the Human Rights Council on June 17, 2011. This is the first time that any United Nations body approved a resolution affirming the rights of LGBT people. The resolution called on the office of United Nations High Commissioner for Human Rights Navi Pillay to draw up the first U.N. report on challenges faced by gay people worldwide. The votes on this resolution were as follows:
The High Commissioner's report, released December 2011, found that violence against LGBT persons remains common, and confirmed that "Seventy-six countries retain laws that are used to criminalize people on the basis of sexual orientation or gender identity" (para. 40), and that "In at least five countries the death penalty may be applied to those found guilty of offences relating to consensual, adult homosexual conduct" (para. 45).
The High Commissioner's report led to a panel discussion by the Human Rights Council in March 2012. The divided nature of the UN, and the Council members in particular, was again evident. Secretary-General Ban Ki-moon described violence and discrimination based on sexual orientation as “a monumental tragedy for those affected and a stain on the collective consciousness” (para. 3), and many others voiced similar concerns. However, “A number of states had signaled their opposition to any discussion of sexual orientation and gender identity by leaving the Council chamber at the start of the meeting,” and “A number voiced their opposition on cultural or religious grounds, or argued that sexual orientation and gender identity were new concepts that lay outside the framework of international human rights law” (para. 11)
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- Human Rights Council Resolution, 17th session
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