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UN: General Assembly to Address Gender Identity
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Friday, 12 December 2008 10:58
Media For Freedom - Nepal
UN: General Assembly to Address Gender Identity
By: Human Rights Watch  Posted on: 12/12/2008

UN: General Assembly to Address Gender Identity

Statement Affirms Promise of Universal Declaration of Human Rights

(New York, December 11, 2008) - As the world celebrates the 60th
anniversary of the Universal Declaration of Human Rights (UDHR), the
UN General Assembly will hear a statement in mid-December endorsed by
more than 50 countries across the globe calling for an end to rights
abuses based on sexual orientation and gender identity. A coalition of
international human rights organizations today urged all the world's
nations to support the statement in affirmation of the UDHR's basic
promise: that human rights apply to everyone.

Nations on four continents are coordinating the statement, including:
Argentina, Brazil, Croatia, France, Gabon, Japan, the Netherlands, and
Norway. The reading of the statement will be the first time the
General Assembly has formally addressed rights violations based on
sexual orientation and gender identity.

"In 1948 the world's nations set forth the promise of human rights,
but six decades later, the promise is unfulfilled for many," said
Linda Baumann of Namibia, a board member of Pan Africa ILGA, a
coalition of over 60 African lesbian, gay, bisexual, and transgender
(LGBT) groups. "The unprecedented African support for this statement
sends a message that abuses against LGBT people are unacceptable
anywhere, ever."

The statement is non-binding, and reaffirms existing protections for
human rights in international law. It builds on a previous joint
statement supported by 54 countries, which Norway delivered at the UN
Human Rights Council in 2006.

"Universal means universal, and there are no exceptions," said Boris
Dittrich of the Netherlands, advocacy director of Human Rights Watch's
lesbian, gay, bisexual, and transgender rights program. "The UN must
speak forcefully against violence and prejudice, because there is no
room for half measures where human rights are concerned."

The draft statement condemns violence, harassment, discrimination,
exclusion, stigmatization, and prejudice based on sexual orientation
and gender identity. It also condemns killings and executions,
torture, arbitrary arrest, and deprivation of economic, social, and
cultural rights on those grounds.

"Today, dozens of countries still criminalize consensual homosexual
conduct, laws that are often relics of colonial rule," said Grace
Poore of Malaysia, who works with the International Gay and Lesbian
Human Rights Commission. "This statement shows a growing global
consensus that such abusive laws have outlived their time."

The statement also builds on a long record of UN action to defend the
rights of lesbian, gay, bisexual, and transgender people. In its 1994
decision in Toonen v. Australia, the UN Human Rights Committee - the
body that interprets the International Covenant on Civil and Political
Rights (ICCPR), one of the UN's core human rights treaties - held that
human rights law prohibits discrimination based on sexual orientation.
Since then, the United Nations' human rights mechanisms have condemned
violations based on sexual orientation and gender identity, including
killings, torture, rape, violence, disappearances, and discrimination
in many areas of life. UN treaty bodies have called on states to end
discrimination in law and policy.

Other international bodies have also opposed violence and
discrimination against LGBT people, including the Council of Europe
and the European Union. In 2008, all 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.

"Latin American governments are helping lead the way as champions of
equality and supporters of this statement," said Gloria Careaga Perez
of Mexico, co-secretary general of ILGA.  "Today a global movement
supports the rights of lesbian, gay, bisexual, and transgender people,
and those voices will not be denied."

So far, 55 countries have signed onto the General Assembly statement,
including: Andorra, Armenia, Australia, Bosnia and Herzegovina,
Canada, Cape Verde, the Central African Republic, Chile, Ecuador,
Georgia, Iceland, Israel, Japan, Liechtenstein, Mexico, Montenegro,
New Zealand, San Marino, Serbia, Switzerland, the Former Yugoslav
Republic of Macedonia, Uruguay, and Venezuela. All 27 member states of
the European Union are also signatories.

"It is a great achievement that this initiative has made it to the
level of the General Assembly," said Louis-Georges Tin of France,
president of the International Committee for IDAHO (International Day
against Homophobia), a network of activists and groups campaigning for
decriminalization of homosexual conduct. "It shows our common
struggles are successful and should be reinforced."

"This statement has found support from states and civil society in
every region of the world," said Kim Vance of Canada, co-director of
ARC International. "In December a simple message will rise from the
General Assembly: the Universal Declaration of Human Rights is truly
universal."


The coalition of international human rights organizations that issued
this statement include:
Amnesty International; ARC International; Center for Women's Global
Leadership; COC Netherlands; Global Rights; Human Rights Watch; IDAHO
Committee; International Gay and Lesbian Human Rights Commission
(IGLHRC); International Lesbian, Gay, Bisexual, Transgender and
Intersex Association (ILGA); International Service for Human Rights;
Pan Africa ILGA; and Public Service International.


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