LGBT rights at the United Nations

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LGBT rights at the United Nations
  
 Support Countries which have signed a General Assembly declaration of LGBT rights and/or sponsored the Human Rights Council's 2011 resolution on LGBT rights (96 members).
  
 Oppose Countries which signed a 2008 statement opposing LGBT rights (initially 57 members, now 54 members).
  
 Neither Countries which, as regards the UN, have expressed neither official support nor opposition to LGBT rights (44 members).
  
 Non-UN member Countries that are non-UN members (14 non-UN members).

Discussions of LGBT rights at the United Nations have mainly centered on resolutions in the United Nations General Assembly and the United Nations Human Rights Council (UNHRC) regarding the topic. 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 supporting LGBT rights was presented to the 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 General Assembly.

On June 17, 2011, South Africa initiated a resolution in the UNHRC requesting that the United Nations High Commissioner for Human Rights draft a report detailing the situation of LGBT citizens worldwide to follow up and implementation of the Vienna Declaration and Programme of Action.[1] 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".[2]

The report, which came out in December 2011, documented violations of the rights of LGBT people, including hate crimes, criminalization of homosexuality, and discrimination. High Commissioner Navi Pillay called for equitable ages of consent; comprehensive laws against discrimination based on sexual orientation; prompt investigation and recording of hate crime incidents; the repeal of laws criminalizing homosexuality; and other measures to ensure the protection of LGBT rights.[3] The text of the report from the UNHRC is dated on 17 November 2011.[4]

Separately, it was announced in July 2014 that the United Nations (as an employer) would extend equal benefits to its employees who have entered into same-sex unions in jurisdictions where they are legal.

Background[edit]

Worldwide laws regarding homosexual relationships and expression
  
 Marriage
  
 Restricted freedom of expression
  
 Civil union, registered partnership or unregistered cohabitation
  
 Unenforced penalty
  
 Marriage recognized but not performed
  
 Imprisonment
  
 Same-sex unions not recognized
  
 Up to life in prison
  
 Death penalty
Click on map to view an enlarged version where rings in various locations become visible. These indicate places with local or case-by-case applications of law.

Same-sex relationships are currently illegal in 76 countries and punishable by death in seven.[5] In the 1980s, early United Nations reports on the HIV/AIDS 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 UNHRC—which is responsible for the International Covenant on Civil and Political Rights (ICCPR)—declared that laws discriminating based on sexual orientation are in violation of human rights law.[6]

In 2003, a number of predominantly European countries put forward the Brazilian Resolution at the UNHRC, 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.

In 2008, the 34 member countries of the Organization of American States unanimously approved a declaration affirming that human rights protections extend to sexual orientation and gender identity.[6]

General Assembly resolution and declaration[edit]

Following meetings between Louis George 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.[7] Co-sponsored by France (which then held the rotating presidency of the EU) and the Netherlands on behalf of the EU, 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 into the General Assembly Record by Ambassador Jorge Argüello of Argentina on 18 December 2008, and was the first declaration concerning gay rights read in the General Assembly.[8][9]

The statement 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. The statement asserts: "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". Additionally, it says "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", indicating the Yogyakarta Principles, which provide definitions in detail on sexual orientation and on gender identity as a document on international human rights law.[10] This statement has been praised as a breakthrough for human rights, breaking the previous taboo against speaking about LGBT rights in the United Nations.

Support[edit]

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.[8]

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?"[8]

UK-based activist Peter Tatchell said of the declaration:

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.[11]

Signatories[edit]

96 member-states of the United Nations have sponsored the declaration in support of LGBT rights in the General Assembly, in the UNHRC, or in both. Sponsoring nations are listed below.[12][7][13][14]

Opposition[edit]

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."[16]

A key part of the Vatican opposition to the draft Declaration relates to the concept of gender identity. In a statement on 19 December,[17] Archbishop Migliore noted: "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."[17]

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."[17]

In an editorial response, the Italian newspaper La Stampa 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."[18]

The United States, citing conflicts with US law,[5] originally opposed the adoption of the nonbinding measure, as did Russia, China, the Holy See, and members of the Organisation of Islamic Cooperation.[8] The Holy See's Permanent Observer Mission issued a statement saying that the draft declaration "challenges existing human rights norms."[17] The Obama administration changed the US position to support the measure in February 2009.[19]

An alternative statement, supported by 57 member nations, was read by the Syrian representative in the General Assembly.[20] 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,[8] 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" (this is despite that fact that scientific research has shown that homosexuals are no more likely to inflict child abuse than are heterosexuals[21]).[5] The Organization failed in a related attempt to delete the phrase "sexual orientation" from a Swedish-backed formal resolution condemning summary executions,[8] although recently the phrase was removed with 79 votes to 70,[22] and then subsequently restored by a vote of 93 to 55.[23]

Signatories[edit]

57 UN member nations had initially co-sponsored the opposing statement in 2008:[24]

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.

Americas

Asia

Oceania

UN Human Rights Council resolutions and discussion[edit]

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 UNHRC on June 17, 2011.[25] This is the first time that any United Nations body approved a resolution affirming the rights of LGBT people.[26] The resolution called on the office of United Nations High Commissioner for Human Rights Navi Pillay to draw up the first UN report on challenges faced by LGBT people worldwide. The votes on this resolution were as follows:

African States (13)
 South Africa initiative

Asian States (13)

Eastern European States (6)

Latin American & Caribbean States (8)

Western European & Other States (7)

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).[27]

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. UN 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)[28]

The UNHRC adopted a second resolution related to sexual orientation and gender identity on September 26, 2014.[29][30] Among other things, the resolution calls a report from the Office of the High Commissioner for Human Rights on best practices for combating discrimination based on sexual orientation or gender identity. It passed by a vote of 25 to 14, marking the first time the UNHRC adopted a resolution on LGBT rights with the majority of its members.[31][32] The second resolution voting was as follows:

African States (13)
 South Africa initiative

Asian States (13)

Eastern European States (6)

Latin American & Caribbean States (8)

Western European & Other States (7)

Treatment of UN staff[edit]

In July 2014, it was announced that the United Nations (as an employer) would extend equal benefits to its employees who have entered into same-sex unions in jurisdictions where they are legal. Under the new policy, staff who have married a same-sex spouse in a jurisdiction will receive the same benefits and recognition as those in heterosexual marriages, regardless of whether same-sex marriage is legal in their country of citizenship.

UN Secretary-General Ban Ki-moon has supported a move towards greater respect for gay rights over recent years. He has stated: "Human rights are at the core of the mission of the United Nations. I am proud to stand for greater equality for all staff, and I call on all members of our UN family to unite in rejecting homophobia as discrimination that can never be tolerated at our workplace."[33]

See also[edit]

Portal icon United Nations portal
Portal icon LGBT portal

References[edit]

  1. ^ Human Rights Council Resolution, 17th session
  2. ^ Jordans, Frank (June 17, 2011). "U.N. Gay Rights Protection Resolution Passes, Hailed As 'Historic Moment'". Associated Press. 
  3. ^ "UN issues first report on human rights of gay and lesbian people". United Nations. 15 December 2011. 
  4. ^ Discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity, A.HRC/19/41
  5. ^ a b c "State-sponsored Homophobia" (PDF). The International Lesbian, Gay, Bisexual, Trans and Intersex Association. May 2010. 
  6. ^ a b "United Nations: General assembly to address sexual orientation and gender identity - Statement affirms promise of Universal Declaration of Human Rights" (Press release). Amnesty International. 12 December 2008. Retrieved 20 March 2009. 
  7. ^ a b "UN: General Assembly statement affirms rights for all" (PDF) (Press release). Amnesty International. 12 December 2008. Retrieved 20 March 2009. 
  8. ^ a b c d e f MacFarquhar, Neil (18 December 2008). "In a First, Gay Rights Are Pressed at the U.N.". New York Times. Retrieved 20 December 2008. 
  9. ^ "UN General Assembly press report". 18 December 2008. 
  10. ^ The Preamble of The Yogyakarta Principles
  11. ^ Tatchell, Peter (18 December 2008). "66 countries sign UN gay rights statement". Retrieved 20 March 2009. 
  12. ^ http://geneva.usmission.gov/2011/03/22/lgbtrights/
  13. ^ In turnaround, US signs UN gay rights document. Reuters. March 18, 2009
  14. ^ http://m.hrw.org/news/2014/09/26/un-landmark-resolution-anti-gay-bias
  15. ^ Signed as "the former Yugoslav Republic of Macedonia"
  16. ^ "Vatican criticised for opposing gay decriminalisation". The Irish Times. 2 December 2008. Retrieved 20 March 2009. 
  17. ^ a b c d "Statement of the Holy See Delegation at the 63rd Session of the General Assembly of the United Nations on the Declaration on Human Rights, Sexual Orientation and Gender Identity" (Press release). Holy See. 18 December 2008. Retrieved 20 March 2009. 
  18. ^ Pullella, Philip; Reuters (2 December 2008). "Vatican attacked for opposing gay decriminalisation". International Herald Tribune. Retrieved 20 March 2009. 
  19. ^ Pleming, Sue (18 March 2009). "In turnaround, U.S. signs U.N. gay rights document". Reuters. Retrieved 20 March 2009. 
  20. ^ http://www.tjsl.edu/slomansonb/10.3_GLBT_UN.pdf
  21. ^ Gregory M. Herek, Ph.D.: Facts About Homosexuality and Child Molestation
  22. ^ http://www.ishr.ch/general-assembly/957-ga-third-committee-takes-backward-step-on-sexual-orientation-in-relation-to-extrajudicial-executions
  23. ^ http://www.iglhrc.org/cgi-bin/iowa/article/pressroom/pressrelease/1291.html
  24. ^ "General Assembly: 70th and 71st plenary meeting, morning session, 02:32:00". United Nations. 18 December 2008. Retrieved 6 January 2008. 
  25. ^ "UN Human Rights Council". 17 June 2011. Retrieved 17 June 2011. 
  26. ^ Jordans, Frank (2011-05-17). "UN group backs gay rights for the 1st time ever". Associated Press. Retrieved 2011-05-17. 
  27. ^ High Commissioner for Human Rights. "Discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity" (PDF). Retrieved 21 January 2013. 
  28. ^ Human Rights Council. "Human Rights Council panel on ending violence and discrimination against individuals based on their sexual orientation and gender identity". Retrieved 21 January 2013. 
  29. ^ http://www.msnbc.com/msnbc/un-passes-resolution-behalf-lgbt-citizens-around-the-globe
  30. ^ http://www.rappler.com/nation/70315-philippines-unhrc-lgbt-resolution
  31. ^ http://www.msnbc.com/msnbc/un-passes-resolution-behalf-lgbt-citizens-around-the-globe
  32. ^ http://www.rappler.com/nation/70315-philippines-unhrc-lgbt-resolution
  33. ^ United Nations will now recognize gay marriage

External links[edit]

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